Full Text of HB2354 100th General Assembly
HB2354ham002 100TH GENERAL ASSEMBLY | Rep. Kathleen Willis Filed: 5/9/2018
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| 1 | | AMENDMENT TO HOUSE BILL 2354
| 2 | | AMENDMENT NO. ______. Amend House Bill 2354 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 1. Short title. This Act may be cited as the | 5 | | Firearms Restraining Order Act. | 6 | | Section 5. Definitions.
As used in this Act: | 7 | | "Family member of the respondent" means a spouse, parent, | 8 | | child, or step-child of the respondent, any other person | 9 | | related by blood or present marriage to the respondent, or a | 10 | | person who shares a common dwelling with the respondent. | 11 | | "Firearms restraining order" means an order issued by the | 12 | | court, prohibiting and enjoining a named person from having in | 13 | | his or her custody or control, purchasing, possessing, or | 14 | | receiving any firearms.
| 15 | | "Intimate partner" means a spouse, former spouse, a person | 16 | | with whom the respondent has or allegedly has a child in |
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| 1 | | common, or a person with whom the respondent has or has had a | 2 | | dating or engagement relationship. | 3 | | "Petitioner" means: | 4 | | (1) a family member of the respondent as defined in | 5 | | this Act; or
| 6 | | (2) a law enforcement officer,
who files a petition | 7 | | alleging that the respondent poses a danger of causing | 8 | | personal injury to himself, herself, or another by having | 9 | | in his or her custody or control, purchasing, possessing, | 10 | | or receiving a firearm. | 11 | | "Respondent" means the person alleged in the petition to | 12 | | pose a danger of causing personal injury to himself, herself, | 13 | | or another by having in his or her custody or control, | 14 | | purchasing, possessing, or receiving a firearm. | 15 | | Section 10. Commencement of action; procedure.
| 16 | | (a) Actions for a firearms restraining order are commenced | 17 | | by filing a verified petition for a firearms restraining order | 18 | | in any circuit court.
| 19 | | (b) A petition for a firearms restraining order may be | 20 | | filed in any county where the respondent resides.
| 21 | | (c) No fee shall be charged by the clerk for filing, | 22 | | amending, vacating, certifying, or photocopying petitions or | 23 | | orders; or for issuing alias summons; or for any related filing | 24 | | service. No fee shall be charged by the sheriff or other law | 25 | | enforcement for service by the sheriff or other law enforcement |
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| 1 | | of a petition, rule, motion, or order in an action commenced | 2 | | under this Section. | 3 | | (d) The court shall provide, through the office of the | 4 | | clerk of the court, simplified forms and clerical assistance to | 5 | | help with the writing and filing of a petition under this | 6 | | Section by any person not represented by counsel. In addition, | 7 | | that assistance may be provided by the State's Attorney.
| 8 | | Section 15. Subject matter jurisdiction.
Each of the | 9 | | circuit courts shall have the power to issue firearms | 10 | | restraining orders. | 11 | | Section 20. Jurisdiction over persons.
The circuit courts | 12 | | of this State have jurisdiction to bind (1) State residents and | 13 | | (2) non-residents having minimum contacts with this State, to | 14 | | the extent permitted by Section 2-209 of the Code of Civil | 15 | | Procedure.
| 16 | | Section 25. Process.
The summons shall be in the form | 17 | | prescribed by Supreme Court Rule 101(d), except that it shall | 18 | | require respondent to answer or appear within 7 days. | 19 | | Attachments to the summons or notice shall include the petition | 20 | | for the firearms restraining order and supporting affidavits, | 21 | | if any, and any emergency firearms restraining order that has | 22 | | been issued. The enforcement of an order under Section 35 shall | 23 | | not be affected by the lack of service, delivery, or notice, |
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| 1 | | provided the requirements of subsection (f) of that Section are | 2 | | otherwise met.
| 3 | | Section 30. Service of notice of hearings.
Service of | 4 | | notice of hearings. Except as provided in Section 25, notice of | 5 | | hearings on petitions or motions shall be served in accordance | 6 | | with Supreme Court Rules 11 and 12, unless notice is excused by | 7 | | Section 35 of this Act, or by the Code of Civil Procedure, | 8 | | Supreme Court Rules, or local rules.
| 9 | | Section 35. Ex parte orders and emergency hearings.
| 10 | | (a) A petitioner may request an emergency firearms | 11 | | restraining order by filing an affidavit or verified pleading | 12 | | alleging that the respondent poses an immediate and present | 13 | | danger of causing personal injury to himself, herself, or | 14 | | another by having in his or her custody or control, purchasing, | 15 | | possessing, or receiving a firearm. The petition shall also | 16 | | describe the type and location of any firearm or firearms | 17 | | presently believed by the petitioner to be possessed or | 18 | | controlled by the respondent.
| 19 | | (b) If the respondent is alleged to pose an immediate and | 20 | | present danger of causing personal injury to an intimate | 21 | | partner, or an intimate partner is alleged to have been the | 22 | | target of a threat or act of violence by the respondent, | 23 | | petitioner shall make a good faith effort to provide notice to | 24 | | any and all intimate partners of the respondent. The notice |
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| 1 | | must include that the petitioner intends to petition the court | 2 | | for an emergency firearms restraining order, and, if petitioner | 3 | | is a law enforcement officer, referral to relevant domestic | 4 | | violence or stalking advocacy or counseling resources, if | 5 | | appropriate. Petitioner shall attest to having provided the | 6 | | notice in the filed affidavit or verified pleading. If after | 7 | | making a good faith effort petitioner is unable to provide | 8 | | notice to any or all intimate partners, the affidavit or | 9 | | verified pleading should describe what efforts were made. | 10 | | (c) Every person who files a petition for an emergency | 11 | | firearms restraining order, knowing the information provided | 12 | | to the court at any hearing or in the affidavit or verified | 13 | | pleading to be false, is guilty of perjury under Section 32-2 | 14 | | of the Criminal Code of 2012.
| 15 | | (d) An emergency firearms restraining order shall be issued | 16 | | on an ex parte basis, that is, without notice to the | 17 | | respondent.
| 18 | | (e) An emergency hearing held on an ex parte basis shall be | 19 | | held the same day that the petition is filed or the next day | 20 | | that the court is in session.
| 21 | | (f) If a circuit or associate judge finds probable cause to | 22 | | believe that the respondent poses an immediate and present | 23 | | danger of causing personal injury to himself, herself, or | 24 | | another by having in his or her custody or control, purchasing, | 25 | | possessing, or receiving a firearm the circuit or associate | 26 | | judge shall issue an emergency order.
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| 1 | | (f-5) If the court issues an emergency firearms restraining | 2 | | order, it shall, upon a finding of probable cause that the | 3 | | respondent possesses firearms, issue a search warrant | 4 | | directing a law enforcement agency to seize the respondent's | 5 | | firearms. The court may, as part of that warrant, direct the | 6 | | law enforcement agency to search the respondent's residence and | 7 | | other places where the court finds there is probable cause to | 8 | | believe he or she is likely to possess the firearms. | 9 | | (g) An emergency firearms restraining order shall require:
| 10 | | (1) the respondent to refrain from having in his or her | 11 | | custody or control, purchasing, possessing, or receiving | 12 | | additional firearms for the duration of the order;
and | 13 | | (2) the respondent to turn over to the local law | 14 | | enforcement agency any Firearm Owner's Identification Card | 15 | | and concealed carry license in his or her possession. The | 16 | | local law enforcement agency shall immediately mail the | 17 | | card and concealed carry license to the Department of State | 18 | | Police Firearm Services Bureau for safekeeping. The | 19 | | firearm or firearms and Firearm Owner's Identification | 20 | | Card and concealed carry license, if unexpired, shall be | 21 | | returned to the respondent after the firearms restraining | 22 | | order is terminated or expired. | 23 | | (h) Except as otherwise provided in subsection (h-5) of | 24 | | this Section, upon expiration of the period of safekeeping, if | 25 | | the firearms or Firearm Owner's Identification Card and | 26 | | concealed carry license cannot be returned to respondent |
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| 1 | | because respondent cannot be located, fails to respond to | 2 | | requests to retrieve the firearms, or is not lawfully eligible | 3 | | to possess a firearm, upon petition from the local law | 4 | | enforcement agency, the court may order the local law | 5 | | enforcement agency to destroy the firearms, use the firearms | 6 | | for training purposes, or for any other application as deemed | 7 | | appropriate by the local law enforcement agency.
| 8 | | (h-5) A respondent whose Firearm Owner's Identification | 9 | | Card has been revoked or suspended may petition the court, if | 10 | | the petitioner is present in court or has notice of the | 11 | | respondent's petition, to transfer the respondent's firearm to | 12 | | a person who is lawfully able to possess the firearm if the | 13 | | person does not reside at the same address as the respondent. | 14 | | Notice of the petition shall be served upon the person | 15 | | protected by the emergency firearms restraining order. While | 16 | | the order is in effect, the transferee who receives | 17 | | respondent's firearms must swear or affirm by affidavit that he | 18 | | or she shall not transfer the firearm to the respondent or to | 19 | | anyone residing in the same residence as the respondent. | 20 | | (h-6) If a person other than the respondent claims title to | 21 | | any firearms surrendered under this Section, he or she may | 22 | | petition the court, if the petitioner is present in court or | 23 | | has notice of the petition, to have the firearm returned to him | 24 | | or her. If the court determines that person to be the lawful | 25 | | owner of the firearm, the firearm shall be returned to him or | 26 | | her, provided that: |
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| 1 | | (1) the firearm is removed from the respondent's | 2 | | custody, control, or possession and the lawful owner agrees | 3 | | to store the firearm in a manner such that the respondent | 4 | | does not have access to or control of the firearm; and | 5 | | (2) the firearm is not otherwise unlawfully possessed | 6 | | by the owner. | 7 | | The person petitioning for the return of his or her firearm | 8 | | must swear or affirm by affidavit that he or she: (i) is the | 9 | | lawful owner of the firearm; (ii) shall not transfer the | 10 | | firearm to the respondent; and (iii) will store the firearm in | 11 | | a manner that the respondent does not have access to or control | 12 | | of the firearm. | 13 | | (i) In accordance with subsection (e) of this Section, the | 14 | | court shall schedule a full hearing as soon as possible, but no | 15 | | longer than 14 days from the issuance of an ex parte firearms | 16 | | restraining order, to determine if a 6-month firearms | 17 | | restraining order shall be issued. The court may extend an ex | 18 | | parte order as needed, but not to exceed 14 days, to effectuate | 19 | | service of the order or if necessary to continue protection. | 20 | | The court may extend the order for a greater length of time by | 21 | | mutual agreement of the parties.
| 22 | | Section 40. Six month orders.
| 23 | | (a) A petitioner may request a 6-month firearms restraining | 24 | | order by filing an affidavit or verified pleading alleging that | 25 | | the respondent poses a significant danger of causing personal |
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| 1 | | injury to himself, herself, or another in the near future by | 2 | | having in his or her custody or control, purchasing, | 3 | | possessing, or receiving a firearm. The petition shall also | 4 | | describe the number, types, and locations of any firearms | 5 | | presently believed by the petitioner to be possessed or | 6 | | controlled by the respondent.
| 7 | | (b) If the respondent is alleged to pose a significant | 8 | | danger of causing personal injury to an intimate partner, or an | 9 | | intimate partner is alleged to have been the target of a threat | 10 | | or act of violence by the respondent, petitioner shall make a | 11 | | good faith effort to provide notice to any and all intimate | 12 | | partners of the respondent. The notice must include that the | 13 | | petitioner intends to petition the court for a 6-month firearms | 14 | | restraining order, and, if petitioner is a law enforcement | 15 | | officer, referral to relevant domestic violence or stalking | 16 | | advocacy or counseling resources, if appropriate. Petitioner | 17 | | shall attest to having provided the notice in the filed | 18 | | affidavit or verified pleading. If after making a good faith | 19 | | effort petitioner is unable to provide notice to any or all | 20 | | intimate partners, the affidavit or verified pleading should | 21 | | describe what efforts were made. | 22 | | (c) Every person who files a petition for a 6-month | 23 | | firearms restraining order, knowing the information provided | 24 | | to the court at any hearing or in the affidavit or verified | 25 | | pleading to be false, is guilty of perjury under Section 32-2 | 26 | | of the Criminal Code of 2012.
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| 1 | | (d) Upon receipt of a petition for a 6-month firearms | 2 | | restraining order, the court shall order a hearing within 30 | 3 | | days.
| 4 | | (e) In determining whether to issue a firearms restraining | 5 | | order under this Section, the court shall consider evidence | 6 | | including, but not limited to, the following:
| 7 | | (1) The unlawful and reckless use, display, or | 8 | | brandishing of a firearm by the respondent.
| 9 | | (2) The history of use, attempted use, or threatened | 10 | | use of physical force by the respondent against another | 11 | | person.
| 12 | | (3) Any prior arrest of the respondent for a felony | 13 | | offense. | 14 | | (4) Evidence of the abuse of controlled substances or | 15 | | alcohol by the respondent. | 16 | | (5) A recent threat of violence or act of violence by | 17 | | the respondent directed toward himself, herself, or | 18 | | another. | 19 | | (6) A violation of an emergency order of protection | 20 | | issued under Section 217 of the Illinois Domestic Violence | 21 | | Act of 1986 or Section 112A-17 of the Code of Criminal | 22 | | Procedure of 1963 or of an order of protection issued under | 23 | | Section 214 of the Illinois Domestic Violence Act of 1986 | 24 | | or Section 112A-14 of the Code of Criminal Procedure of | 25 | | 1963.
| 26 | | (7) A pattern of violent acts or violent threats, |
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| 1 | | including, but not limited to, threats of violence or acts | 2 | | of violence by the respondent directed toward himself, | 3 | | herself, or another. | 4 | | (f) At the hearing, the petitioner shall have the burden of | 5 | | proving, by clear and convincing evidence, that the respondent | 6 | | poses a significant danger of personal injury to himself, | 7 | | herself, or another by having in his or her custody or control, | 8 | | purchasing, possessing, or receiving a firearm. | 9 | | (g) If the court finds that there is clear and convincing | 10 | | evidence to issue a firearms restraining order, the court shall | 11 | | issue a firearms restraining order that shall be in effect for | 12 | | 6 months subject to renewal under Section 45 of this Act or | 13 | | termination under that Section. | 14 | | (g-5) If the court issues a 6-month firearms restraining | 15 | | order, it shall, upon a finding of probable cause that the | 16 | | respondent possesses firearms, issue a search warrant | 17 | | directing a law enforcement agency to seize the respondent's | 18 | | firearms. The court may, as part of that warrant, direct the | 19 | | law enforcement agency to search the respondent's residence and | 20 | | other places where the court finds there is probable cause to | 21 | | believe he or she is likely to possess the firearms. | 22 | | (h) A 6-month firearms restraining order shall require: | 23 | | (1) the respondent to refrain from having in his or her | 24 | | custody or control, purchasing, possessing or receiving | 25 | | additional firearms for the duration of the order; and | 26 | | (2) the respondent to turn over to the local law |
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| 1 | | enforcement agency any firearm or Firearm Owner's | 2 | | Identification Card and concealed carry license in his or | 3 | | her possession. The local law enforcement agency shall | 4 | | immediately mail the card and concealed carry license to | 5 | | the Department of State Police Firearm Services Bureau for | 6 | | safekeeping. The firearm or firearms and Firearm Owner's | 7 | | Identification Card and concealed carry license, if | 8 | | unexpired shall be returned to the respondent after the | 9 | | firearms restraining order is terminated or expired. | 10 | | (i) Except as otherwise provided in subsection (i-5) of | 11 | | this Section, upon expiration of the period of safekeeping, if | 12 | | the firearms or Firearm Owner's Identification Card cannot be | 13 | | returned to respondent because respondent cannot be located, | 14 | | fails to respond to requests to retrieve the firearms, or is | 15 | | not lawfully eligible to possess a firearm, upon petition from | 16 | | the local law enforcement agency, the court may order the local | 17 | | law enforcement agency to destroy the firearms, use the | 18 | | firearms for training purposes, or for any other application as | 19 | | deemed appropriate by the local law enforcement agency. | 20 | | (i-5) A respondent whose Firearm Owner's Identification | 21 | | Card has been revoked or suspended may petition the court, if | 22 | | the petitioner is present in court or has notice of the | 23 | | respondent's petition, to transfer the respondent's firearm to | 24 | | a person who is lawfully able to possess the firearm if the | 25 | | person does not reside at the same address as the respondent. | 26 | | Notice of the petition shall be served upon the person |
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| 1 | | protected by the emergency firearms restraining order. While | 2 | | the order is in effect, the transferee who receives | 3 | | respondent's firearms must swear or affirm by affidavit that he | 4 | | or she shall not transfer the firearm to the respondent or to | 5 | | any one residing in the same residence as the respondent. | 6 | | (i-6) If a person other than the respondent claims title to | 7 | | any firearms surrendered under this Section, he or she may | 8 | | petition the court, if the petitioner is present in court or | 9 | | has notice of the petition, to have the firearm returned to him | 10 | | or her. If the court determines that person to be the lawful | 11 | | owner of the firearm, the firearm shall be returned to him or | 12 | | her, provided that: | 13 | | (1) the firearm is removed from the respondent's | 14 | | custody, control, or possession and the lawful owner agrees | 15 | | to store the firearm in a manner such that the respondent | 16 | | does not have access to or control of the firearm; and | 17 | | (2) the firearm is not otherwise unlawfully possessed | 18 | | by the owner. | 19 | | The person petitioning for the return of his or her firearm | 20 | | must swear or affirm by affidavit that he or she: (i) is the | 21 | | lawful owner of the firearm; (ii) shall not transfer the | 22 | | firearm to the respondent; and (iii) will store the firearm in | 23 | | a manner that the respondent does not have access to or control | 24 | | of the firearm. | 25 | | (j) If the court does not issue a firearms restraining | 26 | | order at the hearing, the court shall dissolve any emergency |
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| 1 | | firearms restraining order then in effect. | 2 | | (k) When the court issues a firearms restraining order | 3 | | under this Section, the court shall inform the respondent that | 4 | | he or she is entitled to one hearing during the period of the | 5 | | order to request a termination of the order, under Section 45 | 6 | | of this Act, and shall provide the respondent with a form to | 7 | | request a hearing. | 8 | | Section 45. Termination and renewal.
| 9 | | (a) A person subject to a firearms restraining order issued | 10 | | under this Act may submit one written request at any time | 11 | | during the effective period of the order for a hearing to | 12 | | terminate the order. | 13 | | (1) The respondent shall have the burden of proving by | 14 | | a preponderance of the evidence that the respondent does | 15 | | not pose a danger of causing personal injury to himself, | 16 | | herself, or another in the near future by having in his or | 17 | | her custody or control, purchasing, possessing, or | 18 | | receiving a firearm. | 19 | | (2) If the court finds after the hearing that the | 20 | | respondent has met his or her burden, the court shall | 21 | | terminate the order.
| 22 | | (b) A petitioner may request a renewal of a firearms | 23 | | restraining order at any time within the 3 months before the | 24 | | expiration of a firearms restraining order. | 25 | | (1) A court shall, after notice and a hearing, renew a |
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| 1 | | firearms restraining order issued under this part if the | 2 | | petitioner proves, by clear and convincing evidence, that | 3 | | the respondent continues to pose a danger of causing | 4 | | personal injury to himself, herself, or another in the near | 5 | | future by having in his or her custody or control, | 6 | | purchasing, possessing, or receiving a firearm. | 7 | | (2) In determining whether to renew a firearms | 8 | | restraining order issued under this Act, the court shall | 9 | | consider evidence of the facts identified in subsection (e) | 10 | | of Section 40 of this Act and any other evidence of an | 11 | | increased risk for violence. | 12 | | (3) At the hearing, the petitioner shall have the | 13 | | burden of proving, by clear and convincing evidence that | 14 | | the respondent continues to pose a danger of causing | 15 | | personal injury to himself, herself, or another in the near | 16 | | future by having in his or her custody or control, | 17 | | purchasing, possessing, or receiving a firearm. | 18 | | (4) The renewal of a firearms restraining order issued | 19 | | under this Section shall be in effect for 6 months, subject | 20 | | to termination by further order of the court at a hearing | 21 | | held under this Section and further renewal by further | 22 | | order of the court under this Section. | 23 | | Section 50. Notice of orders.
| 24 | | (a) Entry and issuance. Upon issuance of any firearms | 25 | | restraining order, the clerk shall immediately, or on the next |
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| 1 | | court day if an emergency firearms restraining order is issued | 2 | | in accordance with Section 35 of this Act (emergency firearms | 3 | | restraining order), (i) enter the order on the record and file | 4 | | it in accordance with the circuit court procedures and (ii) | 5 | | provide a file stamped copy of the order to respondent, if | 6 | | present, and to petitioner.
| 7 | | (b) Filing with sheriff. The clerk of the issuing judge | 8 | | shall, or the petitioner may, on the same day that a firearms | 9 | | restraining order is issued, file a certified copy of that | 10 | | order with the sheriff or other law enforcement officials | 11 | | charged with maintaining Department of State Police records or | 12 | | charged with serving the order upon respondent. If the order | 13 | | was issued in accordance with Section 35 of this Act (emergency | 14 | | firearms restraining order), the clerk shall on the next court | 15 | | day, file a certified copy of the order with the sheriff or | 16 | | other law enforcement officials charged with maintaining | 17 | | Department of State Police records.
| 18 | | (c) Service by sheriff. Unless respondent was present in | 19 | | court when the order was issued, the sheriff or other law | 20 | | enforcement official shall promptly serve that order upon | 21 | | respondent and file proof of the service, in the manner | 22 | | provided for service of process in civil proceedings. Instead | 23 | | of serving the order upon the respondent, however, the sheriff, | 24 | | other law enforcement official, or other persons defined in | 25 | | Section 112A-22.10 of the Criminal Code of 1963 may serve the | 26 | | respondent with a short form notification as provided in that |
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| 1 | | Section. If process has not yet been served upon the | 2 | | respondent, it shall be served with the order or short form | 3 | | notification if the service is made by the sheriff, or other | 4 | | law enforcement official. | 5 | | (d) Any order renewing or terminating any firearms | 6 | | restraining order shall be promptly recorded, issued, and | 7 | | served as provided in this Section. | 8 | | Section 55. Data maintenance by law enforcement agencies.
| 9 | | (a) All sheriffs shall furnish to the Department of State | 10 | | Police, daily, in the form and detail the Department requires, | 11 | | copies of any recorded firearms restraining order issued by the | 12 | | court, and any foreign orders of protection filed by the clerk | 13 | | of the court, and transmitted to the sheriff by the clerk of | 14 | | the court under Section 50. Each firearms restraining order | 15 | | shall be entered in the Law Enforcement Agencies Data System | 16 | | (LEADS) on the same day it is issued by the court. If an | 17 | | emergency firearms restraining order was issued in accordance | 18 | | with Section 35 of this Act, the order shall be entered in the | 19 | | Law Enforcement Agencies Data System (LEADS) as soon as | 20 | | possible after receipt from the clerk. | 21 | | (b) The Department of State Police shall maintain a | 22 | | complete and systematic record and index of all valid and | 23 | | recorded firearms restraining orders issued or filed under this | 24 | | Act. The data shall be used to inform all dispatchers and law | 25 | | enforcement officers at the scene of a violation of firearms |
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| 1 | | restraining order of the effective dates and terms of any | 2 | | recorded order of protection.
| 3 | | (c) The data, records and transmittals required under this | 4 | | Section shall pertain to any valid emergency or 6-month | 5 | | firearms restraining order, whether issued in a civil or | 6 | | criminal proceeding or authorized under the laws of another | 7 | | state, tribe, or United States territory.
| 8 | | Section 60. Filing of a firearms restraining order issued | 9 | | by another state.
| 10 | | (a) A person who has sought a firearms restraining order or | 11 | | similar order issued by the court of another state, tribe, or | 12 | | United States territory may file a certified copy of the | 13 | | firearms restraining order with the clerk of the court in a | 14 | | judicial circuit in which the person believes that enforcement | 15 | | may be necessary.
| 16 | | (b) The clerk shall:
| 17 | | (1) treat the foreign firearms restraining order in the | 18 | | same manner as a judgment of the circuit court for any | 19 | | county of this State in accordance with the provisions of | 20 | | the Uniform Enforcement of Foreign Judgments Act, except | 21 | | that the clerk shall not mail notice of the filing of the | 22 | | foreign order to the respondent named in the order; and | 23 | | (2) on the same day that a foreign firearms restraining | 24 | | order is filed, file a certified copy of that order with | 25 | | the sheriff or other law enforcement officials charged with |
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| 1 | | maintaining Department of State Police records as set forth | 2 | | in Section 55 of this Act. | 3 | | (c) Neither residence in this State nor filing of a foreign | 4 | | firearms restraining order shall be required for enforcement of | 5 | | the order by this State. Failure to file the foreign order | 6 | | shall not be an impediment to its treatment in all respects as | 7 | | an Illinois firearms restraining order. | 8 | | (d) The clerk shall not charge a fee to file a foreign | 9 | | order of protection under this Section.
| 10 | | Section 65. Enforcement; sanctions for violation of order.
| 11 | | A respondent who knowingly violates a firearms restraining | 12 | | order is guilty of a Class A misdemeanor. Prosecution for a | 13 | | violation of a firearms restraining order shall not bar | 14 | | concurrent prosecution for any other crime, including any crime | 15 | | that may have been committed at the time of the violation of | 16 | | the firearms restraining order.
| 17 | | Section 70. Non-preclusion of remedies.
Nothing in this Act | 18 | | shall preclude a petitioner or law-enforcement officer from | 19 | | removing weapons under other authority, or filing criminal | 20 | | charges when probable cause exists.
| 21 | | Section 75. Limited law enforcement liability. Any act of | 22 | | omission or commission by any law enforcement officer acting in | 23 | | good faith in rendering emergency assistance or otherwise |
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| 1 | | enforcing this Act shall not impose civil liability upon the | 2 | | law enforcement officer or his or her supervisor or employer, | 3 | | unless the act is a result of willful or wanton misconduct. | 4 | | Section 80. Expungement or sealing of order. If the court | 5 | | denies issuance of a firearms restraining order against the | 6 | | respondent, all records of the proceeding shall be immediately | 7 | | expunged from the court records. If the firearms restraining | 8 | | order is granted, all records of the proceeding shall, 3 years | 9 | | after the expiration of the order, be sealed. | 10 | | Section 135. The Firearm Owners Identification Card Act is | 11 | | amended by changing Section 8.2 and adding Section 8.3 as | 12 | | follows: | 13 | | (430 ILCS 65/8.2) | 14 | | Sec. 8.2. Firearm Owner's Identification Card denial or | 15 | | revocation. The Department of State Police shall deny an | 16 | | application or shall revoke and seize a Firearm Owner's | 17 | | Identification Card previously issued under this Act if the | 18 | | Department finds that the applicant or person to whom such card | 19 | | was issued is or was at the time of issuance subject to an | 20 | | existing order of protection or firearms restraining order .
| 21 | | (Source: P.A. 96-701, eff. 1-1-10.) | 22 | | (430 ILCS 65/8.3 new) |
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| 1 | | Sec. 8.3. Suspension of Firearm Owner's Identification
| 2 | | Card. The Department of State Police may, by rule in a manner
| 3 | | consistent with the Department's rules concerning revocation,
| 4 | | provide for the suspension of the Firearm Owner's
| 5 | | Identification Card of a person whose Firearm Owner's
| 6 | | Identification Card is subject to revocation and seizure under
| 7 | | this Act for the duration of the disqualification if the
| 8 | | disqualification is not a permanent grounds for revocation of a
| 9 | | Firearm Owner's Identification Card under this Act.
| 10 | | Section 140. The Firearm Concealed Carry Act is amended by | 11 | | changing Section 70 as follows: | 12 | | (430 ILCS 66/70)
| 13 | | Sec. 70. Violations. | 14 | | (a) A license issued or renewed under this Act shall be | 15 | | revoked if, at any time, the licensee is found to be ineligible | 16 | | for a license under this Act or the licensee no longer meets | 17 | | the eligibility requirements of the Firearm Owners | 18 | | Identification Card Act. | 19 | | (b) A license shall be suspended if an order of protection, | 20 | | including an emergency order of protection, plenary order of | 21 | | protection, or interim order of protection under Article 112A | 22 | | of the Code of Criminal Procedure of 1963 or under the Illinois | 23 | | Domestic Violence Act of 1986 , or if a firearms restraining | 24 | | order, including an emergency firearms restraining order, |
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| 1 | | under the Firearms Restraining Order Act , is issued against a | 2 | | licensee for the duration of the order, or if the Department is | 3 | | made aware of a similar order issued against the licensee in | 4 | | any other jurisdiction. If an order of protection is issued | 5 | | against a licensee, the licensee shall surrender the license, | 6 | | as applicable, to the court at the time the order is entered or | 7 | | to the law enforcement agency or entity serving process at the | 8 | | time the licensee is served the order. The court, law | 9 | | enforcement agency, or entity responsible for serving the order | 10 | | of protection shall notify the Department within 7 days and | 11 | | transmit the license to the Department. | 12 | | (c) A license is invalid upon expiration of the license, | 13 | | unless the licensee has submitted an application to renew the | 14 | | license, and the applicant is otherwise eligible to possess a | 15 | | license under this Act. | 16 | | (d) A licensee shall not carry a concealed firearm while | 17 | | under the influence of alcohol, other drug or drugs, | 18 | | intoxicating compound or combination of compounds, or any | 19 | | combination thereof, under the standards set forth in | 20 | | subsection (a) of Section 11-501 of the Illinois Vehicle Code. | 21 | | A licensee in violation of this subsection (d) shall be | 22 | | guilty of a Class A misdemeanor for a first or second violation | 23 | | and a Class 4 felony for a third violation. The Department may | 24 | | suspend a license for up to 6 months for a second violation and | 25 | | shall permanently revoke a license for a third violation. | 26 | | (e) Except as otherwise provided, a licensee in violation |
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| 1 | | of this Act shall be guilty of a Class B misdemeanor. A second | 2 | | or subsequent violation is a Class A misdemeanor. The | 3 | | Department may suspend a license for up to 6 months for a | 4 | | second violation and shall permanently revoke a license for 3 | 5 | | or more violations of Section 65 of this Act. Any person | 6 | | convicted of a violation under this Section shall pay a $150 | 7 | | fee to be deposited into the Mental Health Reporting Fund, plus | 8 | | any applicable court costs or fees. | 9 | | (f) A licensee convicted or found guilty of a violation of | 10 | | this Act who has a valid license and is otherwise eligible to | 11 | | carry a concealed firearm shall only be subject to the | 12 | | penalties under this Section and shall not be subject to the | 13 | | penalties under Section 21-6, paragraph (4), (8), or (10) of | 14 | | subsection (a) of Section 24-1, or subparagraph (A-5) or (B-5) | 15 | | of paragraph (3) of subsection (a) of Section 24-1.6 of the | 16 | | Criminal Code of 2012. Except as otherwise provided in this | 17 | | subsection, nothing in this subsection prohibits the licensee | 18 | | from being subjected to penalties for violations other than | 19 | | those specified in this Act. | 20 | | (g) A licensee whose license is revoked, suspended, or | 21 | | denied shall, within 48 hours of receiving notice of the | 22 | | revocation, suspension, or denial, surrender his or her | 23 | | concealed carry license to the local law enforcement agency | 24 | | where the person resides. The local law enforcement agency | 25 | | shall provide the licensee a receipt and transmit the concealed | 26 | | carry license to the Department of State Police. If the |
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| 1 | | licensee whose concealed carry license has been revoked, | 2 | | suspended, or denied fails to comply with the requirements of | 3 | | this subsection, the law enforcement agency where the person | 4 | | resides may petition the circuit court to issue a warrant to | 5 | | search for and seize the concealed carry license in the | 6 | | possession and under the custody or control of the licensee | 7 | | whose concealed carry license has been revoked, suspended, or | 8 | | denied. The observation of a concealed carry license in the | 9 | | possession of a person whose license has been revoked, | 10 | | suspended, or denied constitutes a sufficient basis for the | 11 | | arrest of that person for violation of this subsection. A | 12 | | violation of this subsection is a Class A misdemeanor. | 13 | | (h) A license issued or renewed under this Act shall be | 14 | | revoked if, at any time, the licensee is found ineligible for a | 15 | | Firearm Owner's Identification Card, or the licensee no longer | 16 | | possesses a valid Firearm Owner's Identification Card. A | 17 | | licensee whose license is revoked under this subsection (h) | 18 | | shall surrender his or her concealed carry license as provided | 19 | | for in subsection (g) of this Section. | 20 | | This subsection shall not apply to a person who has filed | 21 | | an application with the State Police for renewal of a Firearm
| 22 | | Owner's Identification Card and who is not otherwise ineligible | 23 | | to obtain a Firearm Owner's Identification Card.
| 24 | | (i) A certified firearms instructor who knowingly provides | 25 | | or offers to provide a false certification that an applicant | 26 | | has completed firearms training as required under this Act is |
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| 1 | | guilty of a Class A misdemeanor. A person guilty of a violation | 2 | | of this subsection (i) is not eligible for court supervision. | 3 | | The Department shall permanently revoke the firearms | 4 | | instructor certification of a person convicted under this | 5 | | subsection (i). | 6 | | (Source: P.A. 98-63, eff. 7-9-13; 98-756, eff. 7-16-14; 98-899, | 7 | | eff. 8-15-14.)".
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