Bill Text: IL HB2589 | 2013-2014 | 98th General Assembly | Introduced

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Bill Title: Amends the Firearm Owners Identification Card Act. Provides that any person who owns a firearm in this State shall maintain a policy of liability insurance in the amount of at least $1,000,000 specifically covering any damages resulting from negligent or willful acts involving the use of the firearm while it is owned by that person. Provides that a person shall be deemed the owner of a firearm after the firearm is lost or stolen until the loss or theft is reported to the police department or sheriff of the jurisdiction in which the owner resides. Provides that the Department of State Police shall revoke and seize a Firearm Owner's Identification Card previously issued under this Act if the Department finds that the person to whom the card was issued possesses or acquires a firearm and does not submit evidence to the Department of State Police that he or she has been issued in his or her name a liability insurance policy in the amount of at least $1,000,000 specifically covering any damages resulting from negligent or willful acts involving the use of the firearm while it is owned by that person. Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2014-12-03 - Session Sine Die [HB2589 Detail]

Download: Illinois-2013-HB2589-Introduced.html

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98TH GENERAL ASSEMBLY State of Illinois 2013 and 2014 HB2589 Introduced , by Rep. Kenneth Dunkin SYNOPSIS AS INTRODUCED:
430 ILCS 65/4.5 new
430 ILCS 65/8 from Ch. 38, par. 83-8
Amends the Firearm Owners Identification Card Act. Provides that any person who owns a firearm in this State shall maintain a policy of liability insurance in the amount of at least $1,000,000 specifically covering any damages resulting from negligent or willful acts involving the use of the firearm while it is owned by that person. Provides that a person shall be deemed the owner of a firearm after the firearm is lost or stolen until the loss or theft is reported to the police department or sheriff of the jurisdiction in which the owner resides. Provides that the Department of State Police shall revoke and seize a Firearm Owner's Identification Card previously issued under this Act if the Department finds that the person to whom the card was issued possesses or acquires a firearm and does not submit evidence to the Department of State Police that he or she has been issued in his or her name a liability insurance policy in the amount of at least $1,000,000 specifically covering any damages resulting from negligent or willful acts involving the use of the firearm while it is owned by that person. Effective immediately.
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FISCAL NOTE ACT MAY APPLY
A BILL FOR
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AN ACT concerning firearms.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Firearm Owners Identification Card Act is
amended by changing Section 8 and by adding Section 4.5 as
follows:
(430 ILCS 65/4.5 new)
Sec. 4.5. Firearm owner's liability insurance required.
(a) Any person who owns a firearm in this State shall
maintain a policy of liability insurance in the amount of at
least $1,000,000 specifically covering any damages resulting
from negligent or willful acts involving the use of the firearm
while it is owned by that person. A person shall be deemed the
owner of a firearm after the firearm is lost or stolen until
the loss or theft is reported to the police department or
sheriff of the jurisdiction in which the owner resides.
(b) This Section does not apply to any person who is not
required to possess a Firearm Owner's Identification Card in
order to acquire or possess a firearm or firearm ammunition
under subsections (b) and (c) of Section 2 of this Act.
(430 ILCS 65/8) (from Ch. 38, par. 83-8)
Sec. 8. The Department of State Police has authority to

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deny an application for or to revoke and seize a Firearm
Owner's Identification Card previously issued under this Act
only if the Department finds that the applicant or the person
to whom such card was issued is or was at the time of issuance:
(a) A person under 21 years of age who has been convicted
of a misdemeanor other than a traffic offense or adjudged
delinquent;
(b) A person under 21 years of age who does not have the
written consent of his parent or guardian to acquire and
possess firearms and firearm ammunition, or whose parent or
guardian has revoked such written consent, or where such parent
or guardian does not qualify to have a Firearm Owner's
Identification Card;
(c) A person convicted of a felony under the laws of this
or any other jurisdiction;
(d) A person addicted to narcotics;
(e) A person who has been a patient of a mental institution
within the past 5 years or has been adjudicated as a mental
defective;
(f) A person whose mental condition is of such a nature
that it poses a clear and present danger to the applicant, any
other person or persons or the community;
For the purposes of this Section, "mental condition" means
a state of mind manifested by violent, suicidal, threatening or
assaultive behavior.
(g) A person who is intellectually disabled;

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(h) A person who intentionally makes a false statement in
the Firearm Owner's Identification Card application;
(i) An alien who is unlawfully present in the United States
under the laws of the United States;
(i-5) An alien who has been admitted to the United States
under a non-immigrant visa (as that term is defined in Section
101(a)(26) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(26))), except that this subsection (i-5) does not apply
to any alien who has been lawfully admitted to the United
States under a non-immigrant visa if that alien is:
(1) admitted to the United States for lawful hunting or
sporting purposes;
(2) an official representative of a foreign government
who is:
(A) accredited to the United States Government or
the Government's mission to an international
organization having its headquarters in the United
States; or
(B) en route to or from another country to which
that alien is accredited;
(3) an official of a foreign government or
distinguished foreign visitor who has been so designated by
the Department of State;
(4) a foreign law enforcement officer of a friendly
foreign government entering the United States on official
business; or

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(5) one who has received a waiver from the Attorney
General of the United States pursuant to 18 U.S.C.
922(y)(3);
(j) (Blank);
(k) A person who has been convicted within the past 5 years
of battery, assault, aggravated assault, violation of an order
of protection, or a substantially similar offense in another
jurisdiction, in which a firearm was used or possessed;
(l) A person who has been convicted of domestic battery,
aggravated domestic battery, or a substantially similar
offense in another jurisdiction committed before, on or after
January 1, 2012 (the effective date of Public Act 97-158). If
the applicant or person who has been previously issued a
Firearm Owner's Identification Card under this Act knowingly
and intelligently waives the right to have an offense described
in this paragraph (l) tried by a jury, and by guilty plea or
otherwise, results in a conviction for an offense in which a
domestic relationship is not a required element of the offense
but in which a determination of the applicability of 18 U.S.C.
922(g)(9) is made under Section 112A-11.1 of the Code of
Criminal Procedure of 1963, an entry by the court of a judgment
of conviction for that offense shall be grounds for denying an
application for and for revoking and seizing a Firearm Owner's
Identification Card previously issued to the person under this
Act;
(m) (Blank);

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(n) A person who is prohibited from acquiring or possessing
firearms or firearm ammunition by any Illinois State statute or
by federal law;
(o) A minor subject to a petition filed under Section 5-520
of the Juvenile Court Act of 1987 alleging that the minor is a
delinquent minor for the commission of an offense that if
committed by an adult would be a felony;
(p) An adult who had been adjudicated a delinquent minor
under the Juvenile Court Act of 1987 for the commission of an
offense that if committed by an adult would be a felony; or
(q) A person who is not a resident of the State of
Illinois, except as provided in subsection (a-10) of Section 4.
The Department of State Police shall revoke and seize a
Firearm Owner's Identification Card previously issued under
this Act if the Department finds that the person to whom the
card was issued possesses or acquires a firearm and does not
submit evidence to the Department of State Police that he or
she has been issued in his or her name a liability insurance
policy in the amount of at least $1,000,000 specifically
covering any damages resulting from negligent or willful acts
involving the use of the firearm while it is owned by that
person.
(Source: P.A. 96-701, eff. 1-1-10; 97-158, eff. 1-1-12; 97-227,
eff. 1-1-12; 97-813, eff. 7-13-12; 97-1131, eff. 1-1-13.)
Section 99. Effective date. This Act takes effect upon
becoming law.