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