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*LRB09515204RLC45977b* HB5191 95TH GENERAL ASSEMBLY State of Illinois and 2008 HB5191 by Rep.
HB5191 Engrossed LRB095 15204 RLC 45977 b AN ACT concerning firearms.
Greg Harris SYNOPSIS AS INTRODUCED:
ILCS 65/8 from Ch.
38, par.
83-8 Amends the Firearm Owners Identification Card Act.
Provides that the Department of State Police may revoke a Firearm Owner’s Identification Card of a parent or guardian of a person under 21 years of age who is unable to prevent his or her child under 21 years of age from gaining access to a firearm or ammunition, or both, when (1) the child upon 2 occasions has had possession of his or her parent or guardian’s firearm or ammunition, or both, without the parent or guardian’s permission and (2) the child met the criteria for severe or major mood disorder or severe conduct disorder weapon, stealing while confronting a victim, breaking and entering), or both, as defined in the DSM-IV-TR published by the American Psychiatric Association, or the child is an adjudicated delinquent minor for acts involving aggressive or violent behavior.
LRB095 15204 RLC 45977 b A BILL FOR HB5191 LRB095 15204 RLC 45977 b AN ACT concerning firearms.
(b-5) A parent or guardian of a person under 21 years of age who is unable to prevent his or her child under 21 years of HB5191 - 2 - LRB095 15204 RLC 45977 b age from gaining access to a firearm or ammunition, or both, when (1) the child upon 2 occasions has had possession of his or her parent or guardian’s firearm or ammunition, or both, without the parent or guardian’s permission as evidenced through documentation in any arrest record, Department of Children and Family Services investigation, school record, juvenile court record, or other public record, and (2) the child met the criteria for severe or major mood disorder or severe conduct disorder (evidenced by behavior such as forced sex, physical cruelty, use of a weapon, stealing while confronting a victim, breaking and entering), or both, as defined in the DSM-IV-TR published by the American Psychiatric Association, or the child is an adjudicated delinquent minor for acts involving aggressive or violent behavior;
(b-5) A parent or guardian of a person under 21 years of age who is unable to prevent his or her child under 21 years of HB5191 Engrossed - 2 - LRB095 15204 RLC 45977 b age from gaining access to a firearm or ammunition, or both, when (1) the child upon 2 occasions has had possession of his or her parent or guardian’s firearm or ammunition, or both, without the parent or guardian’s permission as evidenced through documentation in any arrest record, Department of Children and Family Services investigation, school record, juvenile court record, or other public record, and (2) the child met the criteria for severe or major mood disorder or severe conduct disorder (evidenced by behavior such as forced sex, physical cruelty, use of a weapon, stealing while confronting a victim, breaking and entering), or both, as defined in the DSM-IV-TR published by the American Psychiatric Association, or the child is an adjudicated delinquent minor for acts involving aggressive or violent behavior;
HB5191 - 3 - LRB095 15204 RLC 45977 b (g) A person who is mentally retarded;
HB5191 Engrossed - 3 - LRB095 15204 RLC 45977 b (g) A person who is mentally retarded;
(4) a foreign law enforcement officer of a friendly foreign government entering the United States on official HB5191 - 4 - LRB095 15204 RLC 45977 b business;
(4) a foreign law enforcement officer of a friendly foreign government entering the United States on official HB5191 Engrossed - 4 - LRB095 15204 RLC 45977 b business;
HB5191 - 5 - LRB095 15204 RLC 45977 b (Source:
HB5191 Engrossed - 5 - LRB095 15204 RLC 45977 b (q) Notwithstanding any other rulemaking authority that may exist, neither the Governor nor any agency or agency head under the jurisdiction of the Governor has any authority to make or promulgate rules to implement or enforce the provisions of this amendatory Act of the 95th General Assembly.
If, however, the Governor believes that rules are necessary to implement or enforce the provisions of this amendatory Act of the 95th General Assembly, the Governor may suggest rules to the General Assembly by filing them with the Clerk of the House and the Secretary of the Senate and by requesting that the General Assembly authorize such rulemaking by law, enact those suggested rules into law, or take any other appropriate action in the General Assembly’s discretion.
Nothing contained in this amendatory Act of the 95th General Assembly shall be interpreted to grant rulemaking authority under any other Illinois statute where such authority is not otherwise explicitly given.
For the purposes of this Section, "rules" is given the meaning contained in Section 1-70 of the Illinois Administrative Procedure Act, and "agency" and "agency head" are given the meanings contained in Sections 1-20 and 1-25 of the Illinois Administrative Procedure Act to the extent that such definitions apply to agencies or agency heads under the jurisdiction of the Governor.
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