Illinois 2023-2024 Regular Session

Illinois Senate Bill SB3143 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3143 Introduced 2/6/2024, by Sen. Dale Fowler SYNOPSIS AS INTRODUCED: 430 ILCS 65/4 from Ch. 38, par. 83-4430 ILCS 65/8 from Ch. 38, par. 83-8 Amends the Firearm Owners Identification Card Act. Lowers the minimum age in which a person who is not an active duty member of the United States Armed Forces or the Illinois National Guard may apply for a Firearm Owner's Identification Card without parental or legal guardian consent from 21 years of age to 18 years of age. Provides that an applicant who is 18 (rather than 21) years of age or older seeking a religious exemption to the photograph requirement must furnish with the application an approved copy of United States Department of the Treasury Internal Revenue Service Form 4029. LRB103 38001 RLC 68133 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3143 Introduced 2/6/2024, by Sen. Dale Fowler SYNOPSIS AS INTRODUCED: 430 ILCS 65/4 from Ch. 38, par. 83-4430 ILCS 65/8 from Ch. 38, par. 83-8 430 ILCS 65/4 from Ch. 38, par. 83-4 430 ILCS 65/8 from Ch. 38, par. 83-8 Amends the Firearm Owners Identification Card Act. Lowers the minimum age in which a person who is not an active duty member of the United States Armed Forces or the Illinois National Guard may apply for a Firearm Owner's Identification Card without parental or legal guardian consent from 21 years of age to 18 years of age. Provides that an applicant who is 18 (rather than 21) years of age or older seeking a religious exemption to the photograph requirement must furnish with the application an approved copy of United States Department of the Treasury Internal Revenue Service Form 4029. LRB103 38001 RLC 68133 b LRB103 38001 RLC 68133 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3143 Introduced 2/6/2024, by Sen. Dale Fowler SYNOPSIS AS INTRODUCED:
3	3	430 ILCS 65/4 from Ch. 38, par. 83-4430 ILCS 65/8 from Ch. 38, par. 83-8 430 ILCS 65/4 from Ch. 38, par. 83-4 430 ILCS 65/8 from Ch. 38, par. 83-8
4	4	430 ILCS 65/4 from Ch. 38, par. 83-4
5	5	430 ILCS 65/8 from Ch. 38, par. 83-8
6	6	Amends the Firearm Owners Identification Card Act. Lowers the minimum age in which a person who is not an active duty member of the United States Armed Forces or the Illinois National Guard may apply for a Firearm Owner's Identification Card without parental or legal guardian consent from 21 years of age to 18 years of age. Provides that an applicant who is 18 (rather than 21) years of age or older seeking a religious exemption to the photograph requirement must furnish with the application an approved copy of United States Department of the Treasury Internal Revenue Service Form 4029.
7	7	LRB103 38001 RLC 68133 b LRB103 38001 RLC 68133 b
8	8	LRB103 38001 RLC 68133 b
9	9	A BILL FOR
10	10	SB3143LRB103 38001 RLC 68133 b SB3143 LRB103 38001 RLC 68133 b
11	11	SB3143 LRB103 38001 RLC 68133 b
12	12	1 AN ACT concerning safety.
13	13	2 Be it enacted by the People of the State of Illinois,
14	14	3 represented in the General Assembly:
15	15	4 Section 5. The Firearm Owners Identification Card Act is
16	16	5 amended by changing Sections 4 and 8 as follows:
17	17	6 (430 ILCS 65/4) (from Ch. 38, par. 83-4)
18	18	7 Sec. 4. Application for Firearm Owner's Identification
19	19	8 Cards.
20	20	9 (a) Each applicant for a Firearm Owner's Identification
21	21	10 Card must:
22	22	11 (1) Submit an application as made available by the
23	23	12 Illinois State Police; and
24	24	13 (2) Submit evidence to the Illinois State Police that:
25	25	14 (i) (Blank); This subparagraph (i) applies through
26	26	15 the 180th day following July 12, 2019 (the effective
27	27	16 date of Public Act 101-80). He or she is 21 years of
28	28	17 age or over, or if he or she is under 21 years of age
29	29	18 that he or she has the written consent of his or her
30	30	19 parent or legal guardian to possess and acquire
31	31	20 firearms and firearm ammunition and that he or she has
32	32	21 never been convicted of a misdemeanor other than a
33	33	22 traffic offense or adjudged delinquent, provided,
34	34	23 however, that such parent or legal guardian is not an
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38	38	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3143 Introduced 2/6/2024, by Sen. Dale Fowler SYNOPSIS AS INTRODUCED:
39	39	430 ILCS 65/4 from Ch. 38, par. 83-4430 ILCS 65/8 from Ch. 38, par. 83-8 430 ILCS 65/4 from Ch. 38, par. 83-4 430 ILCS 65/8 from Ch. 38, par. 83-8
40	40	430 ILCS 65/4 from Ch. 38, par. 83-4
41	41	430 ILCS 65/8 from Ch. 38, par. 83-8
42	42	Amends the Firearm Owners Identification Card Act. Lowers the minimum age in which a person who is not an active duty member of the United States Armed Forces or the Illinois National Guard may apply for a Firearm Owner's Identification Card without parental or legal guardian consent from 21 years of age to 18 years of age. Provides that an applicant who is 18 (rather than 21) years of age or older seeking a religious exemption to the photograph requirement must furnish with the application an approved copy of United States Department of the Treasury Internal Revenue Service Form 4029.
43	43	LRB103 38001 RLC 68133 b LRB103 38001 RLC 68133 b
44	44	LRB103 38001 RLC 68133 b
45	45	A BILL FOR
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51	51	430 ILCS 65/4 from Ch. 38, par. 83-4
52	52	430 ILCS 65/8 from Ch. 38, par. 83-8
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71	71	1 individual prohibited from having a Firearm Owner's
72	72	2 Identification Card and files an affidavit with the
73	73	3 Department as prescribed by the Department stating
74	74	4 that he or she is not an individual prohibited from
75	75	5 having a Card;
76	76	6 (i-4) If he or she is under 21 years of age, he or
77	77	7 she has never been convicted of a misdemeanor other
78	78	8 than a traffic offense or adjudged delinquent;
79	79	9 (i-5) This subparagraph (i-5) applies on and after
80	80	10 the 181st day following July 12, 2019 (the effective
81	81	11 date of Public Act 101-80). He or she is 18 21 years of
82	82	12 age or over, or if he or she is under 18 21 years of
83	83	13 age, that he or she has never been convicted of a
84	84	14 misdemeanor other than a traffic offense or adjudged
85	85	15 delinquent and is an active duty member of the United
86	86	16 States Armed Forces or the Illinois National Guard or
87	87	17 has the written consent of his or her parent or legal
88	88	18 guardian to possess and acquire firearms and firearm
89	89	19 ammunition, provided, however, that such parent or
90	90	20 legal guardian is not an individual prohibited from
91	91	21 having a Firearm Owner's Identification Card and files
92	92	22 an affidavit with the Illinois State Police as
93	93	23 prescribed by the Illinois State Police stating that
94	94	24 he or she is not an individual prohibited from having a
95	95	25 Card or the active duty member of the United States
96	96	26 Armed Forces or the Illinois National Guard under 18
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107	107	1 21 years of age annually submits proof to the Illinois
108	108	2 State Police, in a manner prescribed by the Illinois
109	109	3 State Police;
110	110	4 (ii) He or she has not been convicted of a felony
111	111	5 under the laws of this or any other jurisdiction;
112	112	6 (iii) He or she is not addicted to narcotics;
113	113	7 (iv) He or she has not been a patient in a mental
114	114	8 health facility within the past 5 years or, if he or
115	115	9 she has been a patient in a mental health facility more
116	116	10 than 5 years ago submit the certification required
117	117	11 under subsection (u) of Section 8 of this Act;
118	118	12 (v) He or she is not a person with an intellectual
119	119	13 disability;
120	120	14 (vi) He or she is not a noncitizen who is
121	121	15 unlawfully present in the United States under the laws
122	122	16 of the United States;
123	123	17 (vii) He or she is not subject to an existing order
124	124	18 of protection prohibiting him or her from possessing a
125	125	19 firearm;
126	126	20 (viii) He or she has not been convicted within the
127	127	21 past 5 years of battery, assault, aggravated assault,
128	128	22 violation of an order of protection, or a
129	129	23 substantially similar offense in another jurisdiction,
130	130	24 in which a firearm was used or possessed;
131	131	25 (ix) He or she has not been convicted of domestic
132	132	26 battery, aggravated domestic battery, or a
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143	143	1 substantially similar offense in another jurisdiction
144	144	2 committed before, on or after January 1, 2012 (the
145	145	3 effective date of Public Act 97-158). If the applicant
146	146	4 knowingly and intelligently waives the right to have
147	147	5 an offense described in this clause (ix) tried by a
148	148	6 jury, and by guilty plea or otherwise, results in a
149	149	7 conviction for an offense in which a domestic
150	150	8 relationship is not a required element of the offense
151	151	9 but in which a determination of the applicability of
152	152	10 18 U.S.C. 922(g)(9) is made under Section 112A-11.1 of
153	153	11 the Code of Criminal Procedure of 1963, an entry by the
154	154	12 court of a judgment of conviction for that offense
155	155	13 shall be grounds for denying the issuance of a Firearm
156	156	14 Owner's Identification Card under this Section;
157	157	15 (x) (Blank);
158	158	16 (xi) He or she is not a noncitizen who has been
159	159	17 admitted to the United States under a non-immigrant
160	160	18 visa (as that term is defined in Section 101(a)(26) of
161	161	19 the Immigration and Nationality Act (8 U.S.C.
162	162	20 1101(a)(26))), or that he or she is a noncitizen who
163	163	21 has been lawfully admitted to the United States under
164	164	22 a non-immigrant visa if that noncitizen is:
165	165	23 (1) admitted to the United States for lawful
166	166	24 hunting or sporting purposes;
167	167	25 (2) an official representative of a foreign
168	168	26 government who is:
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179	179	1 (A) accredited to the United States
180	180	2 Government or the Government's mission to an
181	181	3 international organization having its
182	182	4 headquarters in the United States; or
183	183	5 (B) en route to or from another country to
184	184	6 which that noncitizen is accredited;
185	185	7 (3) an official of a foreign government or
186	186	8 distinguished foreign visitor who has been so
187	187	9 designated by the Department of State;
188	188	10 (4) a foreign law enforcement officer of a
189	189	11 friendly foreign government entering the United
190	190	12 States on official business; or
191	191	13 (5) one who has received a waiver from the
192	192	14 Attorney General of the United States pursuant to
193	193	15 18 U.S.C. 922(y)(3);
194	194	16 (xii) He or she is not a minor subject to a
195	195	17 petition filed under Section 5-520 of the Juvenile
196	196	18 Court Act of 1987 alleging that the minor is a
197	197	19 delinquent minor for the commission of an offense that
198	198	20 if committed by an adult would be a felony;
199	199	21 (xiii) He or she is not an adult who had been
200	200	22 adjudicated a delinquent minor under the Juvenile
201	201	23 Court Act of 1987 for the commission of an offense that
202	202	24 if committed by an adult would be a felony;
203	203	25 (xiv) He or she is a resident of the State of
204	204	26 Illinois;
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215	215	1 (xv) He or she has not been adjudicated as a person
216	216	2 with a mental disability;
217	217	3 (xvi) He or she has not been involuntarily
218	218	4 admitted into a mental health facility; and
219	219	5 (xvii) He or she is not a person with a
220	220	6 developmental disability; and
221	221	7 (3) Upon request by the Illinois State Police, sign a
222	222	8 release on a form prescribed by the Illinois State Police
223	223	9 waiving any right to confidentiality and requesting the
224	224	10 disclosure to the Illinois State Police of limited mental
225	225	11 health institution admission information from another
226	226	12 state, the District of Columbia, any other territory of
227	227	13 the United States, or a foreign nation concerning the
228	228	14 applicant for the sole purpose of determining whether the
229	229	15 applicant is or was a patient in a mental health
230	230	16 institution and disqualified because of that status from
231	231	17 receiving a Firearm Owner's Identification Card. No mental
232	232	18 health care or treatment records may be requested. The
233	233	19 information received shall be destroyed within one year of
234	234	20 receipt.
235	235	21 (a-5) Each applicant for a Firearm Owner's Identification
236	236	22 Card who is over the age of 18 shall furnish to the Illinois
237	237	23 State Police either his or her Illinois driver's license
238	238	24 number or Illinois Identification Card number, except as
239	239	25 provided in subsection (a-10).
240	240	26 (a-10) Each applicant for a Firearm Owner's Identification
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251	251	1 Card, who is employed as a law enforcement officer, an armed
252	252	2 security officer in Illinois, or by the United States Military
253	253	3 permanently assigned in Illinois and who is not an Illinois
254	254	4 resident, shall furnish to the Illinois State Police his or
255	255	5 her driver's license number or state identification card
256	256	6 number from his or her state of residence. The Illinois State
257	257	7 Police may adopt rules to enforce the provisions of this
258	258	8 subsection (a-10).
259	259	9 (a-15) If an applicant applying for a Firearm Owner's
260	260	10 Identification Card moves from the residence address named in
261	261	11 the application, he or she shall immediately notify in a form
262	262	12 and manner prescribed by the Illinois State Police of that
263	263	13 change of address.
264	264	14 (a-20) Each applicant for a Firearm Owner's Identification
265	265	15 Card shall furnish to the Illinois State Police his or her
266	266	16 photograph. An applicant who is 21 years of age or older
267	267	17 seeking a religious exemption to the photograph requirement
268	268	18 must furnish with the application an approved copy of United
269	269	19 States Department of the Treasury Internal Revenue Service
270	270	20 Form 4029. In lieu of a photograph, an applicant regardless of
271	271	21 age seeking a religious exemption to the photograph
272	272	22 requirement shall submit fingerprints on a form and manner
273	273	23 prescribed by the Illinois State Police with his or her
274	274	24 application.
275	275	25 (a-25) Beginning January 1, 2023, each applicant for the
276	276	26 issuance of a Firearm Owner's Identification Card may include
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287	287	1 a full set of his or her fingerprints in electronic format to
288	288	2 the Illinois State Police, unless the applicant has previously
289	289	3 provided a full set of his or her fingerprints to the Illinois
290	290	4 State Police under this Act or the Firearm Concealed Carry
291	291	5 Act.
292	292	6 The fingerprints must be transmitted through a live scan
293	293	7 fingerprint vendor licensed by the Department of Financial and
294	294	8 Professional Regulation. The fingerprints shall be checked
295	295	9 against the fingerprint records now and hereafter filed in the
296	296	10 Illinois State Police and Federal Bureau of Investigation
297	297	11 criminal history records databases, including all available
298	298	12 State and local criminal history record information files.
299	299	13 The Illinois State Police shall charge applicants a
300	300	14 one-time fee for conducting the criminal history record check,
301	301	15 which shall be deposited into the State Police Services Fund
302	302	16 and shall not exceed the actual cost of the State and national
303	303	17 criminal history record check.
304	304	18 (a-26) The Illinois State Police shall research, explore,
305	305	19 and report to the General Assembly by January 1, 2022 on the
306	306	20 feasibility of permitting voluntarily submitted fingerprints
307	307	21 obtained for purposes other than Firearm Owner's
308	308	22 Identification Card enforcement that are contained in the
309	309	23 Illinois State Police database for purposes of this Act.
310	310	24 (b) Each application form shall include the following
311	311	25 statement printed in bold type: "Warning: Entering false
312	312	26 information on an application for a Firearm Owner's
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323	323	1 Identification Card is punishable as a Class 2 felony in
324	324	2 accordance with subsection (d-5) of Section 14 of the Firearm
325	325	3 Owners Identification Card Act.".
326	326	4 (c) Upon such written consent, pursuant to Section 4,
327	327	5 paragraph (a)(2)(i), the parent or legal guardian giving the
328	328	6 consent shall be liable for any damages resulting from the
329	329	7 applicant's use of firearms or firearm ammunition.
330	330	8 (Source: P.A. 101-80, eff. 7-12-19; 102-237, eff. 1-1-22;
331	331	9 102-538, eff. 8-20-21; 102-813, eff. 5-13-22; 102-1030, eff.
332	332	10 5-27-22; 102-1116, eff. 1-10-23.)
333	333	11 (430 ILCS 65/8) (from Ch. 38, par. 83-8)
334	334	12 Sec. 8. Grounds for denial and revocation. The Illinois
335	335	13 State Police has authority to deny an application for or to
336	336	14 revoke and seize a Firearm Owner's Identification Card
337	337	15 previously issued under this Act only if the Illinois State
338	338	16 Police finds that the applicant or the person to whom such card
339	339	17 was issued is or was at the time of issuance:
340	340	18 (a) A person under 21 years of age who has been
341	341	19 convicted of a misdemeanor other than a traffic offense or
342	342	20 adjudged delinquent;
343	343	21 (b) (Blank); This subsection (b) applies through the
344	344	22 180th day following July 12, 2019 (the effective date of
345	345	23 Public Act 101-80). A person under 21 years of age who does
346	346	24 not have the written consent of his parent or guardian to
347	347	25 acquire and possess firearms and firearm ammunition, or
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358	358	1 whose parent or guardian has revoked such written consent,
359	359	2 or where such parent or guardian does not qualify to have a
360	360	3 Firearm Owner's Identification Card;
361	361	4 (b-5) This subsection (b-5) applies on and after the
362	362	5 181st day following July 12, 2019 (the effective date of
363	363	6 Public Act 101-80). A person under 18 21 years of age who
364	364	7 is not an active duty member of the United States Armed
365	365	8 Forces or the Illinois National Guard and does not have
366	366	9 the written consent of his or her parent or guardian to
367	367	10 acquire and possess firearms and firearm ammunition, or
368	368	11 whose parent or guardian has revoked such written consent,
369	369	12 or where such parent or guardian does not qualify to have a
370	370	13 Firearm Owner's Identification Card;
371	371	14 (c) A person convicted of a felony under the laws of
372	372	15 this or any other jurisdiction;
373	373	16 (d) A person addicted to narcotics;
374	374	17 (e) A person who has been a patient of a mental health
375	375	18 facility within the past 5 years or a person who has been a
376	376	19 patient in a mental health facility more than 5 years ago
377	377	20 who has not received the certification required under
378	378	21 subsection (u) of this Section. An active law enforcement
379	379	22 officer employed by a unit of government or a Department
380	380	23 of Corrections employee authorized to possess firearms who
381	381	24 is denied, revoked, or has his or her Firearm Owner's
382	382	25 Identification Card seized under this subsection (e) may
383	383	26 obtain relief as described in subsection (c-5) of Section
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394	394	1 10 of this Act if the officer or employee did not act in a
395	395	2 manner threatening to the officer or employee, another
396	396	3 person, or the public as determined by the treating
397	397	4 clinical psychologist or physician, and the officer or
398	398	5 employee seeks mental health treatment;
399	399	6 (f) A person whose mental condition is of such a
400	400	7 nature that it poses a clear and present danger to the
401	401	8 applicant, any other person or persons, or the community;
402	402	9 (g) A person who has an intellectual disability;
403	403	10 (h) A person who intentionally makes a false statement
404	404	11 in the Firearm Owner's Identification Card application or
405	405	12 endorsement affidavit;
406	406	13 (i) A noncitizen who is unlawfully present in the
407	407	14 United States under the laws of the United States;
408	408	15 (i-5) A noncitizen who has been admitted to the United
409	409	16 States under a non-immigrant visa (as that term is defined
410	410	17 in Section 101(a)(26) of the Immigration and Nationality
411	411	18 Act (8 U.S.C. 1101(a)(26))), except that this subsection
412	412	19 (i-5) does not apply to any noncitizen who has been
413	413	20 lawfully admitted to the United States under a
414	414	21 non-immigrant visa if that noncitizen is:
415	415	22 (1) admitted to the United States for lawful
416	416	23 hunting or sporting purposes;
417	417	24 (2) an official representative of a foreign
418	418	25 government who is:
419	419	26 (A) accredited to the United States Government
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430	430	1 or the Government's mission to an international
431	431	2 organization having its headquarters in the United
432	432	3 States; or
433	433	4 (B) en route to or from another country to
434	434	5 which that noncitizen is accredited;
435	435	6 (3) an official of a foreign government or
436	436	7 distinguished foreign visitor who has been so
437	437	8 designated by the Department of State;
438	438	9 (4) a foreign law enforcement officer of a
439	439	10 friendly foreign government entering the United States
440	440	11 on official business; or
441	441	12 (5) one who has received a waiver from the
442	442	13 Attorney General of the United States pursuant to 18
443	443	14 U.S.C. 922(y)(3);
444	444	15 (j) (Blank);
445	445	16 (k) A person who has been convicted within the past 5
446	446	17 years of battery, assault, aggravated assault, violation
447	447	18 of an order of protection, or a substantially similar
448	448	19 offense in another jurisdiction, in which a firearm was
449	449	20 used or possessed;
450	450	21 (l) A person who has been convicted of domestic
451	451	22 battery, aggravated domestic battery, or a substantially
452	452	23 similar offense in another jurisdiction committed before,
453	453	24 on or after January 1, 2012 (the effective date of Public
454	454	25 Act 97-158). If the applicant or person who has been
455	455	26 previously issued a Firearm Owner's Identification Card
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466	466	1 under this Act knowingly and intelligently waives the
467	467	2 right to have an offense described in this paragraph (l)
468	468	3 tried by a jury, and by guilty plea or otherwise, results
469	469	4 in a conviction for an offense in which a domestic
470	470	5 relationship is not a required element of the offense but
471	471	6 in which a determination of the applicability of 18 U.S.C.
472	472	7 922(g)(9) is made under Section 112A-11.1 of the Code of
473	473	8 Criminal Procedure of 1963, an entry by the court of a
474	474	9 judgment of conviction for that offense shall be grounds
475	475	10 for denying an application for and for revoking and
476	476	11 seizing a Firearm Owner's Identification Card previously
477	477	12 issued to the person under this Act;
478	478	13 (m) (Blank);
479	479	14 (n) A person who is prohibited from acquiring or
480	480	15 possessing firearms or firearm ammunition by any Illinois
481	481	16 State statute or by federal law;
482	482	17 (o) A minor subject to a petition filed under Section
483	483	18 5-520 of the Juvenile Court Act of 1987 alleging that the
484	484	19 minor is a delinquent minor for the commission of an
485	485	20 offense that if committed by an adult would be a felony;
486	486	21 (p) An adult who had been adjudicated a delinquent
487	487	22 minor under the Juvenile Court Act of 1987 for the
488	488	23 commission of an offense that if committed by an adult
489	489	24 would be a felony;
490	490	25 (q) A person who is not a resident of the State of
491	491	26 Illinois, except as provided in subsection (a-10) of
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502	502	1 Section 4;
503	503	2 (r) A person who has been adjudicated as a person with
504	504	3 a mental disability;
505	505	4 (s) A person who has been found to have a
506	506	5 developmental disability;
507	507	6 (t) A person involuntarily admitted into a mental
508	508	7 health facility; or
509	509	8 (u) A person who has had his or her Firearm Owner's
510	510	9 Identification Card revoked or denied under subsection (e)
511	511	10 of this Section or item (iv) of paragraph (2) of
512	512	11 subsection (a) of Section 4 of this Act because he or she
513	513	12 was a patient in a mental health facility as provided in
514	514	13 subsection (e) of this Section, shall not be permitted to
515	515	14 obtain a Firearm Owner's Identification Card, after the
516	516	15 5-year period has lapsed, unless he or she has received a
517	517	16 mental health evaluation by a physician, clinical
518	518	17 psychologist, or qualified examiner as those terms are
519	519	18 defined in the Mental Health and Developmental
520	520	19 Disabilities Code, and has received a certification that
521	521	20 he or she is not a clear and present danger to himself,
522	522	21 herself, or others. The physician, clinical psychologist,
523	523	22 or qualified examiner making the certification and his or
524	524	23 her employer shall not be held criminally, civilly, or
525	525	24 professionally liable for making or not making the
526	526	25 certification required under this subsection, except for
527	527	26 willful or wanton misconduct. This subsection does not
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