Full Text of HB3355 103rd General Assembly
HB3355 103RD GENERAL ASSEMBLY |
| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 HB3355 Introduced 2/17/2023, by Rep. David Friess - Patrick Windhorst SYNOPSIS AS INTRODUCED: |
| 430 ILCS 65/8 | from Ch. 38, par. 83-8 | 430 ILCS 65/8.1 | from Ch. 38, par. 83-8.1 | 430 ILCS 65/8.2 | | 430 ILCS 65/8.3 | | 430 ILCS 65/10 | from Ch. 38, par. 83-10 |
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Amends the Firearm Owners Identification Card Act. Provides that notwithstanding any other provision of the Act to the contrary, on or after the effective date of the amendatory Act, the Illinois State Police may not revoke a Firearm Owner's Identification Card. Provides that on or after the effective date of the amendatory Act, a Firearm Owner's Identification Card may only be revoked after a Firearm Owner's Identification Card hearing has been held in the circuit court of the county of residence of the person whose Firearm Owner's Identification Card is sought to be revoked. Provides that if the State's Attorney of the county of residence of the person whose Firearm Owner's Identification Card is sought to be revoked has probable cause to believe that
the person who has been issued a Firearm Owner's Identification Card is no longer eligible for the Card under the Act, the State's Attorney shall file a petition in the circuit court of the county of residence of the person whose Card is sought to be revoked. Provides that at the hearing, the person may present evidence in his or her favor seeking retention of his or her Firearm Owner's Identification Card and the Illinois State Police and State's Attorney may present evidence for revocation. Provides that the hearing shall be a civil proceeding and subject to due process, the Code of Civil Procedure, and the Illinois Rules of Evidence as adopted by the Supreme Court. Provides that the hearing shall be held within 45 days after the filing of the petition. Provides that if the circuit court determines, by clear and convincing evidence, that the person is ineligible for retention of his or her Firearm Owner's Identification Card under the Act, the court shall order the Illinois State Police to immediately revoke the Card and the circuit clerk shall seize the Card and transmit the Card to the Illinois State Police. Establishes procedures for the Illinois State Police to suspend a Firearm Owner's Identification Card Act.
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| | A BILL FOR |
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| 1 | | AN ACT concerning safety.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Firearm Owners Identification Card Act is | 5 | | amended by changing Sections 8, 8.1, 8.2, 8.3, and 10 as | 6 | | follows:
| 7 | | (430 ILCS 65/8) (from Ch. 38, par. 83-8)
| 8 | | Sec. 8. Grounds for denial and revocation. The Illinois | 9 | | State Police has authority to deny an
application for or to | 10 | | revoke and seize a Firearm Owner's Identification
Card | 11 | | previously issued under this Act and the circuit court of the
| 12 | | county of the person's residence has the authority to revoke
| 13 | | and order the seizure of the person's Firearm Owner's
| 14 | | Identification Card under subsection (g) of Section 10 only if | 15 | | the Illinois State Police or circuit court finds that the
| 16 | | applicant or the person to whom such card was issued is or was | 17 | | at the time
of issuance:
| 18 | | (a) A person under 21 years of age who has been | 19 | | convicted of a
misdemeanor other than a traffic offense or | 20 | | adjudged delinquent;
| 21 | | (b) This subsection (b) applies through the 180th day | 22 | | following July 12, 2019 (the effective date of Public Act | 23 | | 101-80). A person under 21 years of age who does not have |
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| 1 | | the written consent
of his parent or guardian to acquire | 2 | | and possess firearms and firearm
ammunition, or whose | 3 | | parent or guardian has revoked such written consent,
or | 4 | | where such parent or guardian does not qualify to have a | 5 | | Firearm Owner's
Identification Card; | 6 | | (b-5) This subsection (b-5) applies on and after the | 7 | | 181st day following July 12, 2019 (the effective date of | 8 | | Public Act 101-80). A person under 21 years of age who is | 9 | | not an active duty member of the United States Armed | 10 | | Forces or the Illinois National Guard and does not have | 11 | | the written consent
of his or her parent or guardian to | 12 | | acquire and possess firearms and firearm
ammunition, or | 13 | | whose parent or guardian has revoked such written consent,
| 14 | | or where such parent or guardian does not qualify to have a | 15 | | Firearm Owner's
Identification Card;
| 16 | | (c) A person convicted of a felony under the laws of | 17 | | this or any other
jurisdiction;
| 18 | | (d) A person addicted to narcotics;
| 19 | | (e) A person who has been a patient of a mental health | 20 | | facility within the
past 5 years or a person who has been a | 21 | | patient in a mental health facility more than 5 years ago | 22 | | who has not received the certification required under | 23 | | subsection (u) of this Section. An active law enforcement | 24 | | officer employed by a unit of government or a Department | 25 | | of Corrections employee authorized to possess firearms who | 26 | | is denied, revoked, or has his or her Firearm Owner's |
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| 1 | | Identification Card seized under this subsection (e) may | 2 | | obtain relief as described in subsection (c-5) of Section | 3 | | 10 of this Act if the officer or employee did not act in a | 4 | | manner threatening to the officer or employee, another | 5 | | person, or the public as determined by the treating | 6 | | clinical psychologist or physician, and the officer or | 7 | | employee seeks mental health treatment;
| 8 | | (f) A person whose mental condition is of such a | 9 | | nature that it poses
a clear and present danger to the | 10 | | applicant, any other person or persons, or
the community;
| 11 | | (g) A person who has an intellectual disability;
| 12 | | (h) A person who intentionally makes a false statement | 13 | | in the Firearm
Owner's Identification Card application or | 14 | | endorsement affidavit;
| 15 | | (i) A noncitizen who is unlawfully present in
the | 16 | | United States under the laws of the United States;
| 17 | | (i-5) A noncitizen who has been admitted to the United | 18 | | States under a
non-immigrant visa (as that term is defined | 19 | | in Section 101(a)(26) of the
Immigration and Nationality | 20 | | Act (8 U.S.C. 1101(a)(26))), except that this
subsection | 21 | | (i-5) does not apply to any noncitizen who has been | 22 | | lawfully admitted to
the United States under a | 23 | | non-immigrant visa if that noncitizen is:
| 24 | | (1) admitted to the United States for lawful | 25 | | hunting or sporting purposes;
| 26 | | (2) an official representative of a foreign |
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| 1 | | government who is:
| 2 | | (A) accredited to the United States Government | 3 | | or the Government's
mission to an international | 4 | | organization having its headquarters in the United
| 5 | | States; or
| 6 | | (B) en route to or from another country to | 7 | | which that noncitizen is
accredited;
| 8 | | (3) an official of a foreign government or | 9 | | distinguished foreign visitor
who has been so | 10 | | designated by the Department of State;
| 11 | | (4) a foreign law enforcement officer of a | 12 | | friendly foreign government
entering the United States | 13 | | on official business; or
| 14 | | (5) one who has received a waiver from the | 15 | | Attorney General of the United
States pursuant to 18 | 16 | | U.S.C. 922(y)(3);
| 17 | | (j) (Blank);
| 18 | | (k) A person who has been convicted within the past 5 | 19 | | years of battery,
assault, aggravated assault, violation | 20 | | of an order of protection, or a
substantially similar | 21 | | offense in another jurisdiction, in which a firearm was
| 22 | | used or possessed;
| 23 | | (l) A person who has been convicted of domestic | 24 | | battery, aggravated domestic battery, or a substantially
| 25 | | similar offense in another jurisdiction committed before, | 26 | | on or after January 1, 2012 (the effective date of Public |
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| 1 | | Act 97-158). If the applicant or person who has been | 2 | | previously issued a Firearm Owner's Identification Card | 3 | | under this Act knowingly and intelligently waives the | 4 | | right to have an offense described in this paragraph (l) | 5 | | tried by a jury, and by guilty plea or otherwise, results | 6 | | in a conviction for an offense in which a domestic | 7 | | relationship is not a required element of the offense but | 8 | | in which a determination of the applicability of 18 U.S.C. | 9 | | 922(g)(9) is made under Section 112A-11.1 of the Code of | 10 | | Criminal Procedure of 1963, an entry by the court of a | 11 | | judgment of conviction for that offense shall be grounds | 12 | | for denying an application for and for revoking and | 13 | | seizing a Firearm Owner's Identification Card previously | 14 | | issued to the person under this Act;
| 15 | | (m) (Blank);
| 16 | | (n) A person who is prohibited from acquiring or | 17 | | possessing
firearms or firearm ammunition by any Illinois | 18 | | State statute or by federal
law;
| 19 | | (o) A minor subject to a petition filed under Section | 20 | | 5-520 of the
Juvenile Court Act of 1987 alleging that the | 21 | | minor is a delinquent minor for
the commission of an | 22 | | offense that if committed by an adult would be a felony;
| 23 | | (p) An adult who had been adjudicated a delinquent | 24 | | minor under the Juvenile
Court Act of 1987 for the | 25 | | commission of an offense that if committed by an
adult | 26 | | would be a felony;
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| 1 | | (q) A person who is not a resident of the State of | 2 | | Illinois, except as provided in subsection (a-10) of | 3 | | Section 4; | 4 | | (r) A person who has been adjudicated as a person with | 5 | | a mental disability; | 6 | | (s) A person who has been found to have a | 7 | | developmental disability; | 8 | | (t) A person involuntarily admitted into a mental | 9 | | health facility; or | 10 | | (u) A person who has had his or her Firearm Owner's | 11 | | Identification Card revoked or denied under subsection (e) | 12 | | of this Section or item (iv) of paragraph (2) of | 13 | | subsection (a) of Section 4 of this Act because he or she | 14 | | was a patient in a mental health facility as provided in | 15 | | subsection (e) of this Section, shall not be permitted to | 16 | | obtain a Firearm Owner's Identification Card, after the | 17 | | 5-year period has lapsed, unless he or she has received a | 18 | | mental health evaluation by a physician, clinical | 19 | | psychologist, or qualified examiner as those terms are | 20 | | defined in the Mental Health and Developmental | 21 | | Disabilities Code, and has received a certification that | 22 | | he or she is not a clear and present danger to himself, | 23 | | herself, or others. The physician, clinical psychologist, | 24 | | or qualified examiner making the certification and his or | 25 | | her employer shall not be held criminally, civilly, or | 26 | | professionally liable for making or not making the |
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| 1 | | certification required under this subsection, except for | 2 | | willful or wanton misconduct. This subsection does not | 3 | | apply to a person whose firearm possession rights have | 4 | | been restored through administrative or judicial action | 5 | | under Section 10 or 11 of this Act. | 6 | | Upon revocation of a person's Firearm Owner's | 7 | | Identification Card, the Illinois State Police shall provide | 8 | | notice to the person and the person shall comply with Section | 9 | | 9.5 of this Act. | 10 | | (Source: P.A. 101-80, eff. 7-12-19; 102-538, eff. 8-20-21; | 11 | | 102-645, eff. 1-1-22; 102-813, eff. 5-13-22; 102-1030, eff. | 12 | | 5-27-22; 102-1116, eff. 1-10-23.)
| 13 | | (430 ILCS 65/8.1) (from Ch. 38, par. 83-8.1)
| 14 | | Sec. 8.1. Notifications to the Illinois State Police and | 15 | | State's Attorney .
| 16 | | (a) The Circuit Clerk shall, in the form and manner | 17 | | required by the
Supreme Court, notify the Illinois State | 18 | | Police and the State's Attorney of the county of residence of | 19 | | the person for which the disposition is applicable of all | 20 | | final dispositions
of cases for which the Illinois State | 21 | | Police Department has received information reported to it | 22 | | under
Sections 2.1 and 2.2 of the Criminal Identification Act.
| 23 | | (b) Upon adjudication of any individual as a person with a | 24 | | mental disability as defined in Section 1.1 of this Act or a | 25 | | finding that a person has been involuntarily admitted, the |
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| 1 | | court shall direct the circuit court clerk to immediately | 2 | | notify the Illinois State Police, Firearm Owner's | 3 | | Identification (FOID) department and the State's Attorney of | 4 | | the county of residence of the person adjudicated with the | 5 | | mental disability or involuntarily admitted , and shall forward | 6 | | a copy of the court order to the Illinois State Police | 7 | | Department . | 8 | | (b-1) Beginning July 1, 2016, and each July 1 and December | 9 | | 30 of every year thereafter, the circuit court clerk shall, in | 10 | | the form and manner prescribed by the Illinois State Police, | 11 | | notify the Illinois State Police, Firearm Owner's | 12 | | Identification (FOID) department if the court has not directed | 13 | | the circuit court clerk to notify the Illinois State Police, | 14 | | Firearm Owner's Identification (FOID) department under | 15 | | subsection (b) of this Section, within the preceding 6 months, | 16 | | because no person has been adjudicated as a person with a | 17 | | mental disability by the court as defined in Section 1.1 of | 18 | | this Act or if no person has been involuntarily admitted. The | 19 | | Supreme Court may adopt any orders or rules necessary to | 20 | | identify the persons who shall be reported to the Illinois | 21 | | State Police under subsection (b), or any other orders or | 22 | | rules necessary to implement the requirements of this Act. | 23 | | (c) The Department of Human Services shall, in the form | 24 | | and manner prescribed by the Illinois State Police, report all | 25 | | information collected under subsection (b) of Section 12 of | 26 | | the Mental Health and Developmental Disabilities |
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| 1 | | Confidentiality Act for the purpose of determining whether a | 2 | | person who may be or may have been a patient in a mental health | 3 | | facility is disqualified under State or federal law from | 4 | | receiving or retaining a Firearm Owner's Identification Card, | 5 | | or purchasing a weapon. | 6 | | (d) If a person is determined to pose a clear and present | 7 | | danger to himself, herself, or to others: | 8 | | (1) by a physician, clinical psychologist, or | 9 | | qualified examiner, or is determined to have a | 10 | | developmental disability by a physician, clinical | 11 | | psychologist, or qualified examiner, whether employed by | 12 | | the State or privately, then the physician, clinical | 13 | | psychologist, or qualified examiner shall, within 24 hours | 14 | | of making the determination, notify the Department of | 15 | | Human Services that the person poses a clear and present | 16 | | danger or has a developmental disability; or | 17 | | (2) by a law enforcement official or school | 18 | | administrator, then the law enforcement official or school | 19 | | administrator shall, within 24 hours of making the | 20 | | determination, notify the Illinois State Police and the | 21 | | State's Attorney of the county of residence that the | 22 | | person poses a clear and present danger. | 23 | | The Department of Human Services shall immediately update | 24 | | its records and information relating to mental health and | 25 | | developmental disabilities, and if appropriate, shall notify | 26 | | the Illinois State Police in a form and manner prescribed by |
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| 1 | | the Illinois State Police and the State's Attorney of the | 2 | | county of residence of the person . The State's Attorney of the | 3 | | county of residence of the person Illinois State Police shall | 4 | | determine whether to seek a hearing before the circuit court | 5 | | of residence of the person to revoke the person's Firearm | 6 | | Owner's Identification Card under Section 8 of this Act. Any | 7 | | information disclosed under this subsection shall remain | 8 | | privileged and confidential, and shall not be redisclosed, | 9 | | except as required under subsection (e) of Section 3.1 of this | 10 | | Act, nor used for any other purpose. The method of providing | 11 | | this information shall guarantee that the information is not | 12 | | released beyond what is necessary for the purpose of this | 13 | | Section and shall be provided by rule by the Department of | 14 | | Human Services. The identity of the person reporting under | 15 | | this Section shall not be disclosed to the subject of the | 16 | | report. The physician, clinical psychologist, qualified | 17 | | examiner, law enforcement official, or school administrator | 18 | | making the determination and his or her employer shall not be | 19 | | held criminally, civilly, or professionally liable for making | 20 | | or not making the notification required under this subsection, | 21 | | except for willful or wanton misconduct. | 22 | | (e) The Supreme Court Illinois State Police shall adopt | 23 | | rules to implement this Section. | 24 | | (Source: P.A. 102-538, eff. 8-20-21.)
| 25 | | (430 ILCS 65/8.2) |
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| 1 | | Sec. 8.2. Firearm Owner's Identification Card denial, | 2 | | suspension, or revocation. The Illinois State Police shall | 3 | | deny an application or shall suspend or revoke and seize a | 4 | | Firearm Owner's Identification Card previously issued under | 5 | | this Act if the Department finds that the applicant or person | 6 | | to whom such card was issued is or was at the time of issuance | 7 | | subject to a protective order issued under the laws of this or | 8 | | any other jurisdiction. When the duration of the protective | 9 | | order is expected to be less than 45 days one year , the | 10 | | Illinois State Police may suspend the Firearm Owner's | 11 | | Identification Card under Section 8.3 of the Act and shall | 12 | | reinstate it upon conclusion of the suspension if no other | 13 | | grounds for denial or revocation are found under Section 8 of | 14 | | the Act.
| 15 | | (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21 .) | 16 | | (430 ILCS 65/8.3) | 17 | | Sec. 8.3. Suspension of Firearm Owner's Identification | 18 | | Card. The Illinois State Police may suspend the Firearm | 19 | | Owner's Identification Card of a person whose Firearm Owner's | 20 | | Identification Card is subject to revocation and seizure under | 21 | | this Act for a period of not less than 30 days and not more
| 22 | | than 45 days. The Illinois State Police shall schedule a
| 23 | | revocation hearing with the clerk of the circuit court and the
| 24 | | State's Attorney of the county of the person's residence not
| 25 | | less than 30 days and not more than 45 days after the
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| 1 | | suspension of the person's Firearm Owner's Identification | 2 | | Card. If the hearing is not scheduled within that 45-day
| 3 | | period, the Illinois State Police shall reinstate the person's
| 4 | | Firearm Owner's Identification Card and may not seek
| 5 | | revocation of that person's Firearm Owner's Identification
| 6 | | Card. The hearing shall be conducted in the manner provided in
| 7 | | subsection (g) of Section 10 the duration of the | 8 | | disqualification if the disqualification is not a permanent | 9 | | ground grounds for revocation of a Firearm Owner's | 10 | | Identification Card under this Act. The Illinois State Police | 11 | | may adopt rules necessary to implement this Section.
| 12 | | (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; | 13 | | 102-813, eff. 5-13-22; revised 8-24-22.)
| 14 | | (430 ILCS 65/10) (from Ch. 38, par. 83-10)
| 15 | | Sec. 10. Appeals; hearing; relief from firearm | 16 | | prohibitions. | 17 | | (a) Whenever an application for a Firearm Owner's | 18 | | Identification
Card is denied or whenever such a Card is | 19 | | revoked or seized
as provided for in Section 8 of this Act , the | 20 | | aggrieved party may
(1) file a record challenge with the | 21 | | Director regarding the record upon which the decision to deny | 22 | | or revoke the Firearm Owner's Identification Card was based | 23 | | under subsection (a-5); or (2) appeal
to the Director of the | 24 | | Illinois State Police through December 31, 2022, or beginning | 25 | | January 1, 2023, the Firearm Owner's Identification Card |
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| 1 | | Review Board for a hearing seeking relief from
such denial or | 2 | | revocation unless the denial or revocation
was based upon a | 3 | | forcible felony, stalking, aggravated stalking, domestic
| 4 | | battery, any violation of the Illinois Controlled Substances | 5 | | Act, the Methamphetamine Control and Community Protection Act, | 6 | | or the
Cannabis Control Act that is classified as a Class 2 or | 7 | | greater felony,
any
felony violation of Article 24 of the | 8 | | Criminal Code of 1961 or the Criminal Code of 2012, or any
| 9 | | adjudication as a delinquent minor for the commission of an
| 10 | | offense that if committed by an adult would be a felony, in | 11 | | which case the
aggrieved party may petition the circuit court | 12 | | in writing in the county of
his or her residence for a hearing | 13 | | seeking relief from such denial or revocation .
| 14 | | (a-5) There is created a Firearm Owner's Identification | 15 | | Card Review Board to consider any appeal under subsection (a) | 16 | | beginning January 1, 2023, other than an appeal directed to | 17 | | the circuit court and except when the applicant is challenging | 18 | | the record upon which the decision to deny or revoke was based | 19 | | as provided in subsection (a-10). | 20 | | (0.05) In furtherance of the policy of this Act that | 21 | | the Board shall exercise its powers and duties in an | 22 | | independent manner, subject to the provisions of this Act | 23 | | but free from the direction, control, or influence of any | 24 | | other agency or department of State government. All | 25 | | expenses and liabilities incurred by the Board in the | 26 | | performance of its responsibilities hereunder shall be |
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| 1 | | paid from funds which shall be appropriated to the Board | 2 | | by the General Assembly for the ordinary and contingent | 3 | | expenses of the Board. | 4 | | (1) The Board shall consist of 7 members appointed by | 5 | | the Governor, with the advice and consent of the Senate, | 6 | | with 3 members residing within the First Judicial District | 7 | | and one member residing within each of the 4 remaining | 8 | | Judicial Districts. No more than 4 members shall be | 9 | | members of the same political party. The Governor shall | 10 | | designate one member as the chairperson. The Board shall | 11 | | consist of: | 12 | | (A) one member with at least 5 years of service as | 13 | | a federal or State judge; | 14 | | (B) one member with at least 5 years of experience | 15 | | serving as an attorney with the United States | 16 | | Department of Justice, or as a State's Attorney or | 17 | | Assistant State's Attorney; | 18 | | (C) one member with at least 5 years of experience | 19 | | serving as a State or federal public defender or | 20 | | assistant public defender; | 21 | | (D) three members with at least 5 years of | 22 | | experience as a federal, State, or local law | 23 | | enforcement agent or as an employee with investigative | 24 | | experience or duties related to criminal justice under | 25 | | the United States Department of Justice, Drug | 26 | | Enforcement Administration, Department of Homeland |
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| 1 | | Security, Federal Bureau of Investigation, or a State | 2 | | or local law enforcement agency; and | 3 | | (E) one member with at least 5 years of experience | 4 | | as a licensed physician or clinical psychologist with | 5 | | expertise in the diagnosis and treatment of mental | 6 | | illness. | 7 | | (2) The terms of the members initially appointed after | 8 | | January 1, 2022 (the effective date of Public Act 102-237) | 9 | | shall be as follows: one of
the initial members shall be | 10 | | appointed for a term of one year, 3 shall be
appointed for | 11 | | terms of 2 years, and 3 shall be appointed for terms of 4 | 12 | | years. Thereafter, members shall hold office for 4 years, | 13 | | with terms expiring on the second Monday in January | 14 | | immediately following the expiration of their terms and | 15 | | every 4 years thereafter. Members may be reappointed. | 16 | | Vacancies in the office of member shall be filled in the | 17 | | same manner as the original appointment, for the remainder | 18 | | of the unexpired term. The Governor may remove a member | 19 | | for incompetence, neglect of duty, malfeasance, or | 20 | | inability to serve. Members shall receive compensation in | 21 | | an amount equal to the compensation of members of the | 22 | | Executive Ethics Commission and, beginning July 1, 2023, | 23 | | shall be compensated from appropriations provided to the | 24 | | Comptroller for this purpose. Members may be reimbursed, | 25 | | from funds appropriated for such a purpose, for reasonable | 26 | | expenses actually incurred in the performance of their |
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| 1 | | Board duties. The Illinois State Police shall designate an | 2 | | employee to serve as Executive Director of the Board and | 3 | | provide logistical and administrative assistance to the | 4 | | Board. | 5 | | (3) The Board shall meet at least quarterly each year | 6 | | and at the call of the chairperson as often as necessary to | 7 | | consider appeals of decisions made with respect to | 8 | | applications for a Firearm Owner's Identification Card | 9 | | under this Act. If necessary to ensure the participation | 10 | | of a member, the Board shall allow a member to participate | 11 | | in a Board meeting by electronic communication. Any member | 12 | | participating electronically shall be deemed present for | 13 | | purposes of establishing a quorum and voting. | 14 | | (4) The Board shall adopt rules for the review of | 15 | | appeals and the conduct of hearings. The Board shall | 16 | | maintain a record of its decisions and all materials | 17 | | considered in making its decisions. All Board decisions | 18 | | and voting records shall be kept confidential and all | 19 | | materials considered by the Board shall be exempt from | 20 | | inspection except upon order of a court. | 21 | | (5) In considering an appeal, the Board shall review | 22 | | the materials received concerning the denial or revocation | 23 | | by the Illinois State Police. By a vote of at least 4 | 24 | | members, the Board may request additional information from | 25 | | the Illinois State Police or the applicant or the | 26 | | testimony of the Illinois State Police or the applicant. |
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| 1 | | The Board may require that the applicant submit electronic | 2 | | fingerprints to the Illinois State Police for an updated | 3 | | background check if the Board determines it lacks | 4 | | sufficient information to determine eligibility. The Board | 5 | | may consider information submitted by the Illinois State | 6 | | Police, a law enforcement agency, or the applicant. The | 7 | | Board shall review each denial or revocation and determine | 8 | | by a majority of members whether an applicant should be | 9 | | granted relief under subsection (c). | 10 | | (6) The Board shall by order issue summary decisions. | 11 | | The Board shall issue a decision within 45 days of | 12 | | receiving all completed appeal documents from the Illinois | 13 | | State Police and the applicant. However, the Board need | 14 | | not issue a decision within 45 days if: | 15 | | (A) the Board requests information from the | 16 | | applicant, including, but not limited to, electronic | 17 | | fingerprints to be submitted to the Illinois State | 18 | | Police, in accordance with paragraph (5) of this | 19 | | subsection, in which case the Board shall make a | 20 | | decision within 30 days of receipt of the required | 21 | | information from the applicant; | 22 | | (B) the applicant agrees, in writing, to allow the | 23 | | Board additional time to consider an appeal; or | 24 | | (C) the Board notifies the applicant and the | 25 | | Illinois State Police that the Board needs an | 26 | | additional 30 days to issue a decision. The Board may |
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| 1 | | only issue 2 extensions under this subparagraph (C). | 2 | | The Board's notification to the applicant and the | 3 | | Illinois State Police shall include an explanation for | 4 | | the extension. | 5 | | (7) If the Board determines that the applicant is | 6 | | eligible for relief under subsection (c), the Board shall | 7 | | notify the applicant and the Illinois State Police that | 8 | | relief has been granted and the Illinois State Police | 9 | | shall issue the Card. | 10 | | (8) Meetings of the Board shall not be subject to the | 11 | | Open Meetings Act and records of the Board shall not be | 12 | | subject to the Freedom of Information Act. | 13 | | (9) The Board shall report monthly to the Governor and | 14 | | the General Assembly on the number of appeals received and | 15 | | provide details of the circumstances in which the Board | 16 | | has determined to deny Firearm Owner's Identification | 17 | | Cards under this subsection (a-5). The report shall not | 18 | | contain any identifying information about the applicants. | 19 | | (a-10) Whenever an applicant or cardholder is not seeking | 20 | | relief from a firearms prohibition under subsection (c) but | 21 | | rather does not believe the applicant is appropriately denied | 22 | | or revoked and is challenging the record upon which the | 23 | | decision to deny or revoke the Firearm Owner's Identification | 24 | | Card was based, or whenever the Illinois State Police fails to | 25 | | act on an application within 30 days of its receipt, the | 26 | | applicant shall file such challenge with the Director. The |
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| 1 | | Director shall render a decision within 60 business days of | 2 | | receipt of all information supporting the challenge. The | 3 | | Illinois State Police shall adopt rules for the review of a | 4 | | record challenge. | 5 | | (b) At least 30 days before any hearing in the circuit | 6 | | court, the
petitioner shall serve the
relevant State's | 7 | | Attorney with a copy of the petition. The State's Attorney
may | 8 | | object to the petition and present evidence. At the hearing, | 9 | | the court
shall
determine whether substantial justice has been | 10 | | done. Should the court
determine that substantial justice has | 11 | | not been done, the court shall issue an
order directing the | 12 | | Illinois State Police to issue a Card. However, the court | 13 | | shall not issue the order if the petitioner is otherwise | 14 | | prohibited from obtaining, possessing, or using a firearm | 15 | | under
federal law.
| 16 | | (c) Any person prohibited from possessing a firearm under | 17 | | Sections 24-1.1
or 24-3.1 of the Criminal Code of 2012 or | 18 | | acquiring a Firearm Owner's
Identification Card under Section | 19 | | 8 of this Act may apply to
the Firearm Owner's Identification | 20 | | Card Review Board
or petition the circuit court in the county | 21 | | where the petitioner resides,
whichever is applicable in | 22 | | accordance with subsection (a) of this Section,
requesting | 23 | | relief
from such prohibition and the Board or court may grant | 24 | | such relief if it
is
established by the applicant to the | 25 | | court's or the Board's satisfaction
that:
| 26 | | (0.05) when in the circuit court, the State's Attorney |
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| 1 | | has been served
with a written
copy of the
petition at | 2 | | least 30 days before any such hearing in the circuit court | 3 | | and at
the hearing the
State's Attorney was afforded an | 4 | | opportunity to present evidence and object to
the | 5 | | petition;
| 6 | | (1) the applicant has not been convicted of a forcible | 7 | | felony under the
laws of this State or any other | 8 | | jurisdiction within 20 years of the
applicant's | 9 | | application for a Firearm Owner's Identification Card, or | 10 | | at
least 20 years have passed since the end of any period | 11 | | of imprisonment
imposed in relation to that conviction;
| 12 | | (2) the circumstances regarding a criminal conviction, | 13 | | where applicable,
the applicant's criminal history and his | 14 | | reputation are such that the applicant
will not be likely | 15 | | to act in a manner dangerous to public safety;
| 16 | | (3) granting relief would not be contrary to the | 17 | | public interest; and | 18 | | (4) granting relief would not be contrary to federal | 19 | | law.
| 20 | | (c-5) (1) An active law enforcement officer employed by a | 21 | | unit of government or a Department of Corrections employee | 22 | | authorized to possess firearms who is denied a , revoked, or | 23 | | has his or her Firearm Owner's Identification Card seized | 24 | | under subsection (e) of Section 8 of this Act may apply to the | 25 | | Firearm Owner's Identification Card Review Board requesting | 26 | | relief if the officer or employee did not act in a manner |
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| 1 | | threatening to the officer or employee, another person, or the | 2 | | public as determined by the treating clinical psychologist or | 3 | | physician, and as a result of his or her work is referred by | 4 | | the employer for or voluntarily seeks mental health evaluation | 5 | | or treatment by a licensed clinical psychologist, | 6 | | psychiatrist, or qualified examiner, and: | 7 | | (A) the officer or employee has not received treatment | 8 | | involuntarily at a mental health facility, regardless of | 9 | | the length of admission; or has not been voluntarily | 10 | | admitted to a mental health facility for more than 30 days | 11 | | and not for more than one incident within the past 5 years; | 12 | | and | 13 | | (B) the officer or employee has not left the mental | 14 | | institution against medical advice. | 15 | | (2) The Firearm Owner's Identification Card Review Board | 16 | | shall grant expedited relief to active law enforcement | 17 | | officers and employees described in paragraph (1) of this | 18 | | subsection (c-5) upon a determination by the Board that the | 19 | | officer's or employee's possession of a firearm does not | 20 | | present a threat to themselves, others, or public safety. The | 21 | | Board shall act on the request for relief within 30 business | 22 | | days of receipt of: | 23 | | (A) a notarized statement from the officer or employee | 24 | | in the form prescribed by the Board detailing the | 25 | | circumstances that led to the hospitalization; | 26 | | (B) all documentation regarding the admission, |
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| 1 | | evaluation, treatment and discharge from the treating | 2 | | licensed clinical psychologist or psychiatrist of the | 3 | | officer; | 4 | | (C) a psychological fitness for duty evaluation of the | 5 | | person completed after the time of discharge; and | 6 | | (D) written confirmation in the form prescribed by the | 7 | | Board from the treating licensed clinical psychologist or | 8 | | psychiatrist that the provisions set forth in paragraph | 9 | | (1) of this subsection (c-5) have been met, the person | 10 | | successfully completed treatment, and their professional | 11 | | opinion regarding the person's ability to possess | 12 | | firearms. | 13 | | (3) Officers and employees eligible for the expedited | 14 | | relief in paragraph (2) of this subsection (c-5) have the | 15 | | burden of proof on eligibility and must provide all | 16 | | information required. The Board may not consider granting | 17 | | expedited relief until the proof and information is received. | 18 | | (4) "Clinical psychologist", "psychiatrist", and | 19 | | "qualified examiner" shall have the same meaning as provided | 20 | | in Chapter I of the Mental Health and Developmental | 21 | | Disabilities Code. | 22 | | (c-10) (1) An applicant, who is denied a , revoked, or has | 23 | | his or her Firearm Owner's Identification Card seized under | 24 | | subsection (e) of Section 8 of this Act based upon a | 25 | | determination of a developmental disability or an intellectual | 26 | | disability may apply to the Firearm Owner's Identification |
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| 1 | | Card Review Board requesting relief. | 2 | | (2) The Board shall act on the request for relief within 60 | 3 | | business days of receipt of written certification, in the form | 4 | | prescribed by the Board, from a physician or clinical | 5 | | psychologist, or qualified examiner, that the aggrieved | 6 | | party's developmental disability or intellectual disability | 7 | | condition is determined by a physician, clinical psychologist, | 8 | | or qualified to be mild. If a fact-finding conference is | 9 | | scheduled to obtain additional information concerning the | 10 | | circumstances of the denial or revocation , the 60 business | 11 | | days the Director has to act shall be tolled until the | 12 | | completion of the fact-finding conference. | 13 | | (3) The Board may grant relief if the aggrieved party's | 14 | | developmental disability or intellectual disability is mild as | 15 | | determined by a physician, clinical psychologist, or qualified | 16 | | examiner and it is established by the applicant to the Board's | 17 | | satisfaction that: | 18 | | (A) granting relief would not be contrary to the | 19 | | public interest; and | 20 | | (B) granting relief would not be contrary to federal | 21 | | law. | 22 | | (4) The Board may not grant relief if the condition is | 23 | | determined by a physician, clinical psychologist, or qualified | 24 | | examiner to be moderate, severe, or profound. | 25 | | (5) The changes made to this Section by Public Act 99-29 | 26 | | apply to requests for
relief pending on or before July 10, 2015 |
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| 1 | | (the effective date of Public Act 99-29), except that the | 2 | | 60-day period for the Director to act on requests pending | 3 | | before the effective date shall begin
on July 10, 2015 (the | 4 | | effective date of Public Act 99-29). All appeals as provided | 5 | | in subsection (a-5) pending on January 1, 2023 shall be | 6 | | considered by the Board. | 7 | | (d) When a minor is adjudicated delinquent for an offense | 8 | | which if
committed by an adult would be a felony, the court | 9 | | shall notify the Illinois State Police.
| 10 | | (e) The court shall review the denial of an application or | 11 | | the revocation of
a Firearm Owner's Identification Card of a | 12 | | person who has been adjudicated
delinquent for an offense that | 13 | | if
committed by an adult would be a felony if an
application | 14 | | for relief has been filed at least 10 years after the | 15 | | adjudication
of delinquency and the court determines that the | 16 | | applicant should be
granted relief from disability to obtain a | 17 | | Firearm Owner's Identification Card.
If the court grants | 18 | | relief, the court shall notify the Illinois State
Police that | 19 | | the disability has
been removed and that the applicant is | 20 | | eligible to obtain a Firearm Owner's
Identification Card.
| 21 | | (f) Any person who is subject to the disabilities of 18 | 22 | | U.S.C. 922(d)(4) and 922(g)(4) of the federal Gun Control Act | 23 | | of 1968 because of an adjudication or commitment that occurred | 24 | | under the laws of this State or who was determined to be | 25 | | subject to the provisions of subsections (e), (f), or (g) of | 26 | | Section 8 of this Act may apply to the Illinois State Police |
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| 1 | | requesting relief from that prohibition. The Board shall grant | 2 | | the relief if it is established by a preponderance of the | 3 | | evidence that the person will not be likely to act in a manner | 4 | | dangerous to public safety and that granting relief would not | 5 | | be contrary to the public interest. In making this | 6 | | determination, the Board shall receive evidence concerning (i) | 7 | | the circumstances regarding the firearms disabilities from | 8 | | which relief is sought; (ii) the petitioner's mental health | 9 | | and criminal history records, if any; (iii) the petitioner's | 10 | | reputation, developed at a minimum through character witness | 11 | | statements, testimony, or other character evidence; and (iv) | 12 | | changes in the petitioner's condition or circumstances since | 13 | | the disqualifying events relevant to the relief sought. If | 14 | | relief is granted under this subsection or by order of a court | 15 | | under this Section, the Director shall as soon as practicable | 16 | | but in no case later than 15 business days, update, correct, | 17 | | modify, or remove the person's record in any database that the | 18 | | Illinois State Police makes available to the National Instant | 19 | | Criminal Background Check System and notify the United States | 20 | | Attorney General that the basis for the record being made | 21 | | available no longer applies. The Illinois State Police shall | 22 | | adopt rules for the administration of this Section. | 23 | | (g) Notwithstanding any other provision of this Act to the
| 24 | | contrary, on or after the effective date of this amendatory
| 25 | | Act of the 103rd General Assembly, the Illinois State Police
| 26 | | may not revoke a Firearm Owner's Identification Card. On or
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| 1 | | after the effective date of this amendatory Act of the 103rd
| 2 | | General Assembly, a Firearm Owner's Identification Card may
| 3 | | only be revoked after a Firearm Owner's Identification Card | 4 | | hearing has been held in the circuit court of the county of
| 5 | | residence of the person whose Firearm Owner's Identification
| 6 | | Card is sought to be revoked. If the State's Attorney of the
| 7 | | county of residence of the person whose Firearm Owner's
| 8 | | Identification Card is sought to be revoked has probable cause
| 9 | | to believe that the person who has been issued a Firearm
| 10 | | Owner's Identification Card is no longer eligible for the Card
| 11 | | under Section 8, the State's Attorney shall file a petition in
| 12 | | the circuit court of the county of residence of the person
| 13 | | whose Card is sought to be revoked. At the hearing, the person
| 14 | | may present evidence in his or her favor seeking retention of | 15 | | his or her Firearm Owner's Identification Card and the
| 16 | | Illinois State Police and State's Attorney may present
| 17 | | evidence for revocation. The hearing shall be a civil
| 18 | | proceeding and subject to due process, the Code of Civil
| 19 | | Procedure, and the Illinois Rules of Evidence as adopted by
| 20 | | the Supreme Court. The hearing shall be held within 45 days
| 21 | | after the filing of the petition. If the circuit court
| 22 | | determines, by clear and convincing evidence, that the person
| 23 | | is ineligible for retention of his or her Firearm Owner's
| 24 | | Identification Card under Section 8, the court shall order the
| 25 | | Illinois State Police to immediately revoke the Card and the | 26 | | circuit clerk shall seize the Card and transmit the Card to the
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| 1 | | Illinois State Police. | 2 | | (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; | 3 | | 102-645, eff. 1-1-22; 102-813, eff. 5-13-22; 102-1115, eff. | 4 | | 1-9-23.)
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