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Public Act 100-0607


 

Public Act 0607 100TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 100-0607
 
HB2354 EnrolledLRB100 05908 RLC 15934 b

    AN ACT concerning orders of protection.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 1. Short title. This Act may be cited as the
Firearms Restraining Order Act.
 
    Section 5. Definitions. As used in this Act:
    "Family member of the respondent" means a spouse, parent,
child, or step-child of the respondent, any other person
related by blood or present marriage to the respondent, or a
person who shares a common dwelling with the respondent.
    "Firearms restraining order" means an order issued by the
court, prohibiting and enjoining a named person from having in
his or her custody or control, purchasing, possessing, or
receiving any firearms.
    "Intimate partner" means a spouse, former spouse, a person
with whom the respondent has or allegedly has a child in
common, or a person with whom the respondent has or has had a
dating or engagement relationship.
    "Petitioner" means:
        (1) a family member of the respondent as defined in
    this Act; or
        (2) a law enforcement officer, who files a petition
    alleging that the respondent poses a danger of causing
    personal injury to himself, herself, or another by having
    in his or her custody or control, purchasing, possessing,
    or receiving a firearm.
    "Respondent" means the person alleged in the petition to
pose a danger of causing personal injury to himself, herself,
or another by having in his or her custody or control,
purchasing, possessing, or receiving a firearm.
 
    Section 10. Commencement of action; procedure.
    (a) Actions for a firearms restraining order are commenced
by filing a verified petition for a firearms restraining order
in any circuit court.
    (b) A petition for a firearms restraining order may be
filed in any county where the respondent resides.
    (c) No fee shall be charged by the clerk for filing,
amending, vacating, certifying, or photocopying petitions or
orders; or for issuing alias summons; or for any related filing
service. No fee shall be charged by the sheriff or other law
enforcement for service by the sheriff or other law enforcement
of a petition, rule, motion, or order in an action commenced
under this Section.
    (d) The court shall provide, through the office of the
clerk of the court, simplified forms and clerical assistance to
help with the writing and filing of a petition under this
Section by any person not represented by counsel. In addition,
that assistance may be provided by the State's Attorney.
 
    Section 15. Subject matter jurisdiction. Each of the
circuit courts shall have the power to issue firearms
restraining orders.
 
    Section 20. Jurisdiction over persons. The circuit courts
of this State have jurisdiction to bind (1) State residents and
(2) non-residents having minimum contacts with this State, to
the extent permitted by Section 2-209 of the Code of Civil
Procedure.
 
    Section 25. Process. The summons shall be in the form
prescribed by Supreme Court Rule 101(d), except that it shall
require respondent to answer or appear within 7 days.
Attachments to the summons or notice shall include the petition
for the firearms restraining order and supporting affidavits,
if any, and any emergency firearms restraining order that has
been issued. The enforcement of an order under Section 35 shall
not be affected by the lack of service, delivery, or notice,
provided the requirements of subsection (f) of that Section are
otherwise met.
 
    Section 30. Service of notice of hearings. Service of
notice of hearings. Except as provided in Section 25, notice of
hearings on petitions or motions shall be served in accordance
with Supreme Court Rules 11 and 12, unless notice is excused by
Section 35 of this Act, or by the Code of Civil Procedure,
Supreme Court Rules, or local rules.
 
    Section 35. Ex parte orders and emergency hearings.
    (a) A petitioner may request an emergency firearms
restraining order by filing an affidavit or verified pleading
alleging that the respondent poses an immediate and present
danger of causing personal injury to himself, herself, or
another by having in his or her custody or control, purchasing,
possessing, or receiving a firearm. The petition shall also
describe the type and location of any firearm or firearms
presently believed by the petitioner to be possessed or
controlled by the respondent.
    (b) If the respondent is alleged to pose an immediate and
present danger of causing personal injury to an intimate
partner, or an intimate partner is alleged to have been the
target of a threat or act of violence by the respondent,
petitioner shall make a good faith effort to provide notice to
any and all intimate partners of the respondent. The notice
must include that the petitioner intends to petition the court
for an emergency firearms restraining order, and, if petitioner
is a law enforcement officer, referral to relevant domestic
violence or stalking advocacy or counseling resources, if
appropriate. Petitioner shall attest to having provided the
notice in the filed affidavit or verified pleading. If after
making a good faith effort petitioner is unable to provide
notice to any or all intimate partners, the affidavit or
verified pleading should describe what efforts were made.
    (c) Every person who files a petition for an emergency
firearms restraining order, knowing the information provided
to the court at any hearing or in the affidavit or verified
pleading to be false, is guilty of perjury under Section 32-2
of the Criminal Code of 2012.
    (d) An emergency firearms restraining order shall be issued
on an ex parte basis, that is, without notice to the
respondent.
    (e) An emergency hearing held on an ex parte basis shall be
held the same day that the petition is filed or the next day
that the court is in session.
    (f) If a circuit or associate judge finds probable cause to
believe that the respondent poses an immediate and present
danger of causing personal injury to himself, herself, or
another by having in his or her custody or control, purchasing,
possessing, or receiving a firearm the circuit or associate
judge shall issue an emergency order.
    (f-5) If the court issues an emergency firearms restraining
order, it shall, upon a finding of probable cause that the
respondent possesses firearms, issue a search warrant
directing a law enforcement agency to seize the respondent's
firearms. The court may, as part of that warrant, direct the
law enforcement agency to search the respondent's residence and
other places where the court finds there is probable cause to
believe he or she is likely to possess the firearms.
    (g) An emergency firearms restraining order shall require:
        (1) the respondent to refrain from having in his or her
    custody or control, purchasing, possessing, or receiving
    additional firearms for the duration of the order; and
        (2) the respondent to turn over to the local law
    enforcement agency any Firearm Owner's Identification Card
    and concealed carry license in his or her possession. The
    local law enforcement agency shall immediately mail the
    card and concealed carry license to the Department of State
    Police Firearm Services Bureau for safekeeping. The
    firearm or firearms and Firearm Owner's Identification
    Card and concealed carry license, if unexpired, shall be
    returned to the respondent after the firearms restraining
    order is terminated or expired.
    (h) Except as otherwise provided in subsection (h-5) of
this Section, upon expiration of the period of safekeeping, if
the firearms or Firearm Owner's Identification Card and
concealed carry license cannot be returned to respondent
because respondent cannot be located, fails to respond to
requests to retrieve the firearms, or is not lawfully eligible
to possess a firearm, upon petition from the local law
enforcement agency, the court may order the local law
enforcement agency to destroy the firearms, use the firearms
for training purposes, or for any other application as deemed
appropriate by the local law enforcement agency.
    (h-5) A respondent whose Firearm Owner's Identification
Card has been revoked or suspended may petition the court, if
the petitioner is present in court or has notice of the
respondent's petition, to transfer the respondent's firearm to
a person who is lawfully able to possess the firearm if the
person does not reside at the same address as the respondent.
Notice of the petition shall be served upon the person
protected by the emergency firearms restraining order. While
the order is in effect, the transferee who receives
respondent's firearms must swear or affirm by affidavit that he
or she shall not transfer the firearm to the respondent or to
anyone residing in the same residence as the respondent.
    (h-6) If a person other than the respondent claims title to
any firearms surrendered under this Section, he or she may
petition the court, if the petitioner is present in court or
has notice of the petition, to have the firearm returned to him
or her. If the court determines that person to be the lawful
owner of the firearm, the firearm shall be returned to him or
her, provided that:
        (1) the firearm is removed from the respondent's
    custody, control, or possession and the lawful owner agrees
    to store the firearm in a manner such that the respondent
    does not have access to or control of the firearm; and
        (2) the firearm is not otherwise unlawfully possessed
    by the owner.
    The person petitioning for the return of his or her firearm
must swear or affirm by affidavit that he or she: (i) is the
lawful owner of the firearm; (ii) shall not transfer the
firearm to the respondent; and (iii) will store the firearm in
a manner that the respondent does not have access to or control
of the firearm.
    (i) In accordance with subsection (e) of this Section, the
court shall schedule a full hearing as soon as possible, but no
longer than 14 days from the issuance of an ex parte firearms
restraining order, to determine if a 6-month firearms
restraining order shall be issued. The court may extend an ex
parte order as needed, but not to exceed 14 days, to effectuate
service of the order or if necessary to continue protection.
The court may extend the order for a greater length of time by
mutual agreement of the parties.
 
    Section 40. Six month orders.
    (a) A petitioner may request a 6-month firearms restraining
order by filing an affidavit or verified pleading alleging that
the respondent poses a significant danger of causing personal
injury to himself, herself, or another in the near future by
having in his or her custody or control, purchasing,
possessing, or receiving a firearm. The petition shall also
describe the number, types, and locations of any firearms
presently believed by the petitioner to be possessed or
controlled by the respondent.
    (b) If the respondent is alleged to pose a significant
danger of causing personal injury to an intimate partner, or an
intimate partner is alleged to have been the target of a threat
or act of violence by the respondent, petitioner shall make a
good faith effort to provide notice to any and all intimate
partners of the respondent. The notice must include that the
petitioner intends to petition the court for a 6-month firearms
restraining order, and, if petitioner is a law enforcement
officer, referral to relevant domestic violence or stalking
advocacy or counseling resources, if appropriate. Petitioner
shall attest to having provided the notice in the filed
affidavit or verified pleading. If after making a good faith
effort petitioner is unable to provide notice to any or all
intimate partners, the affidavit or verified pleading should
describe what efforts were made.
    (c) Every person who files a petition for a 6-month
firearms restraining order, knowing the information provided
to the court at any hearing or in the affidavit or verified
pleading to be false, is guilty of perjury under Section 32-2
of the Criminal Code of 2012.
    (d) Upon receipt of a petition for a 6-month firearms
restraining order, the court shall order a hearing within 30
days.
    (e) In determining whether to issue a firearms restraining
order under this Section, the court shall consider evidence
including, but not limited to, the following:
        (1) The unlawful and reckless use, display, or
    brandishing of a firearm by the respondent.
        (2) The history of use, attempted use, or threatened
    use of physical force by the respondent against another
    person.
        (3) Any prior arrest of the respondent for a felony
    offense.
        (4) Evidence of the abuse of controlled substances or
    alcohol by the respondent.
        (5) A recent threat of violence or act of violence by
    the respondent directed toward himself, herself, or
    another.
        (6) A violation of an emergency order of protection
    issued under Section 217 of the Illinois Domestic Violence
    Act of 1986 or Section 112A-17 of the Code of Criminal
    Procedure of 1963 or of an order of protection issued under
    Section 214 of the Illinois Domestic Violence Act of 1986
    or Section 112A-14 of the Code of Criminal Procedure of
    1963.     
        (7) A pattern of violent acts or violent threats,
    including, but not limited to, threats of violence or acts
    of violence by the respondent directed toward himself,
    herself, or another.
    (f) At the hearing, the petitioner shall have the burden of
proving, by clear and convincing evidence, that the respondent
poses a significant danger of personal injury to himself,
herself, or another by having in his or her custody or control,
purchasing, possessing, or receiving a firearm.
    (g) If the court finds that there is clear and convincing
evidence to issue a firearms restraining order, the court shall
issue a firearms restraining order that shall be in effect for
6 months subject to renewal under Section 45 of this Act or
termination under that Section.
    (g-5) If the court issues a 6-month firearms restraining
order, it shall, upon a finding of probable cause that the
respondent possesses firearms, issue a search warrant
directing a law enforcement agency to seize the respondent's
firearms. The court may, as part of that warrant, direct the
law enforcement agency to search the respondent's residence and
other places where the court finds there is probable cause to
believe he or she is likely to possess the firearms.
    (h) A 6-month firearms restraining order shall require:
        (1) the respondent to refrain from having in his or her
    custody or control, purchasing, possessing or receiving
    additional firearms for the duration of the order; and
        (2) the respondent to turn over to the local law
    enforcement agency any firearm or Firearm Owner's
    Identification Card and concealed carry license in his or
    her possession. The local law enforcement agency shall
    immediately mail the card and concealed carry license to
    the Department of State Police Firearm Services Bureau for
    safekeeping. The firearm or firearms and Firearm Owner's
    Identification Card and concealed carry license, if
    unexpired shall be returned to the respondent after the
    firearms restraining order is terminated or expired.
    (i) Except as otherwise provided in subsection (i-5) of
this Section, upon expiration of the period of safekeeping, if
the firearms or Firearm Owner's Identification Card cannot be
returned to respondent because respondent cannot be located,
fails to respond to requests to retrieve the firearms, or is
not lawfully eligible to possess a firearm, upon petition from
the local law enforcement agency, the court may order the local
law enforcement agency to destroy the firearms, use the
firearms for training purposes, or for any other application as
deemed appropriate by the local law enforcement agency.
    (i-5) A respondent whose Firearm Owner's Identification
Card has been revoked or suspended may petition the court, if
the petitioner is present in court or has notice of the
respondent's petition, to transfer the respondent's firearm to
a person who is lawfully able to possess the firearm if the
person does not reside at the same address as the respondent.
Notice of the petition shall be served upon the person
protected by the emergency firearms restraining order. While
the order is in effect, the transferee who receives
respondent's firearms must swear or affirm by affidavit that he
or she shall not transfer the firearm to the respondent or to
any one residing in the same residence as the respondent.
    (i-6) If a person other than the respondent claims title to
any firearms surrendered under this Section, he or she may
petition the court, if the petitioner is present in court or
has notice of the petition, to have the firearm returned to him
or her. If the court determines that person to be the lawful
owner of the firearm, the firearm shall be returned to him or
her, provided that:
        (1) the firearm is removed from the respondent's
    custody, control, or possession and the lawful owner agrees
    to store the firearm in a manner such that the respondent
    does not have access to or control of the firearm; and
        (2) the firearm is not otherwise unlawfully possessed
    by the owner.
    The person petitioning for the return of his or her firearm
must swear or affirm by affidavit that he or she: (i) is the
lawful owner of the firearm; (ii) shall not transfer the
firearm to the respondent; and (iii) will store the firearm in
a manner that the respondent does not have access to or control
of the firearm.
    (j) If the court does not issue a firearms restraining
order at the hearing, the court shall dissolve any emergency
firearms restraining order then in effect.
    (k) When the court issues a firearms restraining order
under this Section, the court shall inform the respondent that
he or she is entitled to one hearing during the period of the
order to request a termination of the order, under Section 45
of this Act, and shall provide the respondent with a form to
request a hearing.
 
    Section 45. Termination and renewal.
    (a) A person subject to a firearms restraining order issued
under this Act may submit one written request at any time
during the effective period of the order for a hearing to
terminate the order.
        (1) The respondent shall have the burden of proving by
    a preponderance of the evidence that the respondent does
    not pose a danger of causing personal injury to himself,
    herself, or another in the near future by having in his or
    her custody or control, purchasing, possessing, or
    receiving a firearm.
        (2) If the court finds after the hearing that the
    respondent has met his or her burden, the court shall
    terminate the order.
    (b) A petitioner may request a renewal of a firearms
restraining order at any time within the 3 months before the
expiration of a firearms restraining order.
        (1) A court shall, after notice and a hearing, renew a
    firearms restraining order issued under this part if the
    petitioner proves, by clear and convincing evidence, that
    the respondent continues to pose a danger of causing
    personal injury to himself, herself, or another in the near
    future by having in his or her custody or control,
    purchasing, possessing, or receiving a firearm.
        (2) In determining whether to renew a firearms
    restraining order issued under this Act, the court shall
    consider evidence of the facts identified in subsection (e)
    of Section 40 of this Act and any other evidence of an
    increased risk for violence.
        (3) At the hearing, the petitioner shall have the
    burden of proving, by clear and convincing evidence that
    the respondent continues to pose a danger of causing
    personal injury to himself, herself, or another in the near
    future by having in his or her custody or control,
    purchasing, possessing, or receiving a firearm.
        (4) The renewal of a firearms restraining order issued
    under this Section shall be in effect for 6 months, subject
    to termination by further order of the court at a hearing
    held under this Section and further renewal by further
    order of the court under this Section.
 
    Section 50. Notice of orders.
    (a) Entry and issuance. Upon issuance of any firearms
restraining order, the clerk shall immediately, or on the next
court day if an emergency firearms restraining order is issued
in accordance with Section 35 of this Act (emergency firearms
restraining order), (i) enter the order on the record and file
it in accordance with the circuit court procedures and (ii)
provide a file stamped copy of the order to respondent, if
present, and to petitioner.
    (b) Filing with sheriff. The clerk of the issuing judge
shall, or the petitioner may, on the same day that a firearms
restraining order is issued, file a certified copy of that
order with the sheriff or other law enforcement officials
charged with maintaining Department of State Police records or
charged with serving the order upon respondent. If the order
was issued in accordance with Section 35 of this Act (emergency
firearms restraining order), the clerk shall on the next court
day, file a certified copy of the order with the sheriff or
other law enforcement officials charged with maintaining
Department of State Police records.
    (c) Service by sheriff. Unless respondent was present in
court when the order was issued, the sheriff or other law
enforcement official shall promptly serve that order upon
respondent and file proof of the service, in the manner
provided for service of process in civil proceedings. Instead
of serving the order upon the respondent, however, the sheriff,
other law enforcement official, or other persons defined in
Section 112A-22.10 of the Criminal Code of 1963 may serve the
respondent with a short form notification as provided in that
Section. If process has not yet been served upon the
respondent, it shall be served with the order or short form
notification if the service is made by the sheriff, or other
law enforcement official.
    (d) Any order renewing or terminating any firearms
restraining order shall be promptly recorded, issued, and
served as provided in this Section.
 
    Section 55. Data maintenance by law enforcement agencies.
    (a) All sheriffs shall furnish to the Department of State
Police, daily, in the form and detail the Department requires,
copies of any recorded firearms restraining order issued by the
court, and any foreign orders of protection filed by the clerk
of the court, and transmitted to the sheriff by the clerk of
the court under Section 50. Each firearms restraining order
shall be entered in the Law Enforcement Agencies Data System
(LEADS) on the same day it is issued by the court. If an
emergency firearms restraining order was issued in accordance
with Section 35 of this Act, the order shall be entered in the
Law Enforcement Agencies Data System (LEADS) as soon as
possible after receipt from the clerk.
    (b) The Department of State Police shall maintain a
complete and systematic record and index of all valid and
recorded firearms restraining orders issued or filed under this
Act. The data shall be used to inform all dispatchers and law
enforcement officers at the scene of a violation of firearms
restraining order of the effective dates and terms of any
recorded order of protection.
    (c) The data, records and transmittals required under this
Section shall pertain to any valid emergency or 6-month
firearms restraining order, whether issued in a civil or
criminal proceeding or authorized under the laws of another
state, tribe, or United States territory.
 
    Section 60. Filing of a firearms restraining order issued
by another state.
    (a) A person who has sought a firearms restraining order or
similar order issued by the court of another state, tribe, or
United States territory may file a certified copy of the
firearms restraining order with the clerk of the court in a
judicial circuit in which the person believes that enforcement
may be necessary.
    (b) The clerk shall:
        (1) treat the foreign firearms restraining order in the
    same manner as a judgment of the circuit court for any
    county of this State in accordance with the provisions of
    the Uniform Enforcement of Foreign Judgments Act, except
    that the clerk shall not mail notice of the filing of the
    foreign order to the respondent named in the order; and
        (2) on the same day that a foreign firearms restraining
    order is filed, file a certified copy of that order with
    the sheriff or other law enforcement officials charged with
    maintaining Department of State Police records as set forth
    in Section 55 of this Act.
    (c) Neither residence in this State nor filing of a foreign
firearms restraining order shall be required for enforcement of
the order by this State. Failure to file the foreign order
shall not be an impediment to its treatment in all respects as
an Illinois firearms restraining order.
    (d) The clerk shall not charge a fee to file a foreign
order of protection under this Section.
 
    Section 65. Enforcement; sanctions for violation of order.
A respondent who knowingly violates a firearms restraining
order is guilty of a Class A misdemeanor. Prosecution for a
violation of a firearms restraining order shall not bar
concurrent prosecution for any other crime, including any crime
that may have been committed at the time of the violation of
the firearms restraining order.
 
    Section 70. Non-preclusion of remedies. Nothing in this Act
shall preclude a petitioner or law-enforcement officer from
removing weapons under other authority, or filing criminal
charges when probable cause exists.
 
    Section 75. Limited law enforcement liability. Any act of
omission or commission by any law enforcement officer acting in
good faith in rendering emergency assistance or otherwise
enforcing this Act shall not impose civil liability upon the
law enforcement officer or his or her supervisor or employer,
unless the act is a result of willful or wanton misconduct.
 
    Section 80. Expungement or sealing of order. If the court
denies issuance of a firearms restraining order against the
respondent, all records of the proceeding shall be immediately
expunged from the court records. If the firearms restraining
order is granted, all records of the proceeding shall, 3 years
after the expiration of the order, be sealed.
 
    Section 135. The Firearm Owners Identification Card Act is
amended by changing Section 8.2 and adding Section 8.3 as
follows:
 
    (430 ILCS 65/8.2)
    Sec. 8.2. Firearm Owner's Identification Card denial or
revocation. The Department of State Police shall deny an
application or shall revoke and seize a Firearm Owner's
Identification Card previously issued under this Act if the
Department finds that the applicant or person to whom such card
was issued is or was at the time of issuance subject to an
existing order of protection or firearms restraining order.
(Source: P.A. 96-701, eff. 1-1-10.)
 
    (430 ILCS 65/8.3 new)
    Sec. 8.3. Suspension of Firearm Owner's Identification
Card. The Department of State Police may, by rule in a manner
consistent with the Department's rules concerning revocation,
provide for the suspension of the Firearm Owner's
Identification Card of a person whose Firearm Owner's
Identification Card is subject to revocation and seizure under
this Act for the duration of the disqualification if the
disqualification is not a permanent grounds for revocation of a
Firearm Owner's Identification Card under this Act.
 
    Section 140. The Firearm Concealed Carry Act is amended by
changing Section 70 as follows:
 
    (430 ILCS 66/70)
    Sec. 70. Violations.
    (a) A license issued or renewed under this Act shall be
revoked if, at any time, the licensee is found to be ineligible
for a license under this Act or the licensee no longer meets
the eligibility requirements of the Firearm Owners
Identification Card Act.
    (b) A license shall be suspended if an order of protection,
including an emergency order of protection, plenary order of
protection, or interim order of protection under Article 112A
of the Code of Criminal Procedure of 1963 or under the Illinois
Domestic Violence Act of 1986, or if a firearms restraining
order, including an emergency firearms restraining order,
under the Firearms Restraining Order Act, is issued against a
licensee for the duration of the order, or if the Department is
made aware of a similar order issued against the licensee in
any other jurisdiction. If an order of protection is issued
against a licensee, the licensee shall surrender the license,
as applicable, to the court at the time the order is entered or
to the law enforcement agency or entity serving process at the
time the licensee is served the order. The court, law
enforcement agency, or entity responsible for serving the order
of protection shall notify the Department within 7 days and
transmit the license to the Department.
    (c) A license is invalid upon expiration of the license,
unless the licensee has submitted an application to renew the
license, and the applicant is otherwise eligible to possess a
license under this Act.
    (d) A licensee shall not carry a concealed firearm while
under the influence of alcohol, other drug or drugs,
intoxicating compound or combination of compounds, or any
combination thereof, under the standards set forth in
subsection (a) of Section 11-501 of the Illinois Vehicle Code.
    A licensee in violation of this subsection (d) shall be
guilty of a Class A misdemeanor for a first or second violation
and a Class 4 felony for a third violation. The Department may
suspend a license for up to 6 months for a second violation and
shall permanently revoke a license for a third violation.
    (e) Except as otherwise provided, a licensee in violation
of this Act shall be guilty of a Class B misdemeanor. A second
or subsequent violation is a Class A misdemeanor. The
Department may suspend a license for up to 6 months for a
second violation and shall permanently revoke a license for 3
or more violations of Section 65 of this Act. Any person
convicted of a violation under this Section shall pay a $150
fee to be deposited into the Mental Health Reporting Fund, plus
any applicable court costs or fees.
    (f) A licensee convicted or found guilty of a violation of
this Act who has a valid license and is otherwise eligible to
carry a concealed firearm shall only be subject to the
penalties under this Section and shall not be subject to the
penalties under Section 21-6, paragraph (4), (8), or (10) of
subsection (a) of Section 24-1, or subparagraph (A-5) or (B-5)
of paragraph (3) of subsection (a) of Section 24-1.6 of the
Criminal Code of 2012. Except as otherwise provided in this
subsection, nothing in this subsection prohibits the licensee
from being subjected to penalties for violations other than
those specified in this Act.
    (g) A licensee whose license is revoked, suspended, or
denied shall, within 48 hours of receiving notice of the
revocation, suspension, or denial, surrender his or her
concealed carry license to the local law enforcement agency
where the person resides. The local law enforcement agency
shall provide the licensee a receipt and transmit the concealed
carry license to the Department of State Police. If the
licensee whose concealed carry license has been revoked,
suspended, or denied fails to comply with the requirements of
this subsection, the law enforcement agency where the person
resides may petition the circuit court to issue a warrant to
search for and seize the concealed carry license in the
possession and under the custody or control of the licensee
whose concealed carry license has been revoked, suspended, or
denied. The observation of a concealed carry license in the
possession of a person whose license has been revoked,
suspended, or denied constitutes a sufficient basis for the
arrest of that person for violation of this subsection. A
violation of this subsection is a Class A misdemeanor.
    (h) A license issued or renewed under this Act shall be
revoked if, at any time, the licensee is found ineligible for a
Firearm Owner's Identification Card, or the licensee no longer
possesses a valid Firearm Owner's Identification Card. A
licensee whose license is revoked under this subsection (h)
shall surrender his or her concealed carry license as provided
for in subsection (g) of this Section.
    This subsection shall not apply to a person who has filed
an application with the State Police for renewal of a Firearm
Owner's Identification Card and who is not otherwise ineligible
to obtain a Firearm Owner's Identification Card.
    (i) A certified firearms instructor who knowingly provides
or offers to provide a false certification that an applicant
has completed firearms training as required under this Act is
guilty of a Class A misdemeanor. A person guilty of a violation
of this subsection (i) is not eligible for court supervision.
The Department shall permanently revoke the firearms
instructor certification of a person convicted under this
subsection (i).
(Source: P.A. 98-63, eff. 7-9-13; 98-756, eff. 7-16-14; 98-899,
eff. 8-15-14.)

Effective Date: 1/1/2019