100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB5950

 

Introduced , by Rep. Barbara Wheeler

 

SYNOPSIS AS INTRODUCED:
 
430 ILCS 65/10  from Ch. 38, par. 83-10

    Amends the Firearm Owners Identification Card Act. Provides that any person prohibited from possessing a firearm under the Criminal Code of 2012 or acquiring a Firearm Owner's Identification Card under the Act may apply to the Director of State Police or petition the circuit court in the county where the petitioner resides for relief and the Director or court may grant it if it is established by the applicant to the court's or Director's satisfaction that the applicant has not been convicted of a forcible felony under the laws of this State or any other jurisdiction within 5 years (currently, 20 years) or at least 5 years have passed since the end of any period of imprisonment imposed in relation to that conviction.


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A BILL FOR

 

HB5950LRB100 22511 SLF 41404 b

1    AN ACT concerning safety.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Firearm Owners Identification Card Act is
5amended by changing Section 10 as follows:
 
6    (430 ILCS 65/10)  (from Ch. 38, par. 83-10)
7    Sec. 10. Appeal to director; hearing; relief from firearm
8prohibitions.
9    (a) Whenever an application for a Firearm Owner's
10Identification Card is denied, whenever the Department fails to
11act on an application within 30 days of its receipt, or
12whenever such a Card is revoked or seized as provided for in
13Section 8 of this Act, the aggrieved party may appeal to the
14Director of State Police for a hearing upon such denial,
15revocation or seizure, unless the denial, revocation, or
16seizure was based upon a forcible felony, stalking, aggravated
17stalking, domestic battery, any violation of the Illinois
18Controlled Substances Act, the Methamphetamine Control and
19Community Protection Act, or the Cannabis Control Act that is
20classified as a Class 2 or greater felony, any felony violation
21of Article 24 of the Criminal Code of 1961 or the Criminal Code
22of 2012, or any adjudication as a delinquent minor for the
23commission of an offense that if committed by an adult would be

 

 

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1a felony, in which case the aggrieved party may petition the
2circuit court in writing in the county of his or her residence
3for a hearing upon such denial, revocation, or seizure.
4    (b) At least 30 days before any hearing in the circuit
5court, the petitioner shall serve the relevant State's Attorney
6with a copy of the petition. The State's Attorney may object to
7the petition and present evidence. At the hearing the court
8shall determine whether substantial justice has been done.
9Should the court determine that substantial justice has not
10been done, the court shall issue an order directing the
11Department of State Police to issue a Card. However, the court
12shall not issue the order if the petitioner is otherwise
13prohibited from obtaining, possessing, or using a firearm under
14federal law.
15    (c) Any person prohibited from possessing a firearm under
16Sections 24-1.1 or 24-3.1 of the Criminal Code of 2012 or
17acquiring a Firearm Owner's Identification Card under Section 8
18of this Act may apply to the Director of State Police or
19petition the circuit court in the county where the petitioner
20resides, whichever is applicable in accordance with subsection
21(a) of this Section, requesting relief from such prohibition
22and the Director or court may grant such relief if it is
23established by the applicant to the court's or Director's
24satisfaction that:
25        (0.05) when in the circuit court, the State's Attorney
26    has been served with a written copy of the petition at

 

 

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1    least 30 days before any such hearing in the circuit court
2    and at the hearing the State's Attorney was afforded an
3    opportunity to present evidence and object to the petition;
4        (1) the applicant has not been convicted of a forcible
5    felony under the laws of this State or any other
6    jurisdiction within 5 20 years of the applicant's
7    application for a Firearm Owner's Identification Card, or
8    at least 5 20 years have passed since the end of any period
9    of imprisonment imposed in relation to that conviction;
10        (2) the circumstances regarding a criminal conviction,
11    where applicable, the applicant's criminal history and his
12    reputation are such that the applicant will not be likely
13    to act in a manner dangerous to public safety;
14        (3) granting relief would not be contrary to the public
15    interest; and
16        (4) granting relief would not be contrary to federal
17    law.
18    (c-5) (1) An active law enforcement officer employed by a
19unit of government, who is denied, revoked, or has his or her
20Firearm Owner's Identification Card seized under subsection
21(e) of Section 8 of this Act may apply to the Director of State
22Police requesting relief if the officer did not act in a manner
23threatening to the officer, another person, or the public as
24determined by the treating clinical psychologist or physician,
25and as a result of his or her work is referred by the employer
26for or voluntarily seeks mental health evaluation or treatment

 

 

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1by a licensed clinical psychologist, psychiatrist, or
2qualified examiner, and:
3        (A) the officer has not received treatment
4    involuntarily at a mental health facility, regardless of
5    the length of admission; or has not been voluntarily
6    admitted to a mental health facility for more than 30 days
7    and not for more than one incident within the past 5 years;
8    and
9        (B) the officer has not left the mental institution
10    against medical advice.
11    (2) The Director of State Police shall grant expedited
12relief to active law enforcement officers described in
13paragraph (1) of this subsection (c-5) upon a determination by
14the Director that the officer's possession of a firearm does
15not present a threat to themselves, others, or public safety.
16The Director shall act on the request for relief within 30
17business days of receipt of:
18        (A) a notarized statement from the officer in the form
19    prescribed by the Director detailing the circumstances
20    that led to the hospitalization;
21        (B) all documentation regarding the admission,
22    evaluation, treatment and discharge from the treating
23    licensed clinical psychologist or psychiatrist of the
24    officer;
25        (C) a psychological fitness for duty evaluation of the
26    person completed after the time of discharge; and

 

 

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1        (D) written confirmation in the form prescribed by the
2    Director from the treating licensed clinical psychologist
3    or psychiatrist that the provisions set forth in paragraph
4    (1) of this subsection (c-5) have been met, the person
5    successfully completed treatment, and their professional
6    opinion regarding the person's ability to possess
7    firearms.
8    (3) Officers eligible for the expedited relief in paragraph
9(2) of this subsection (c-5) have the burden of proof on
10eligibility and must provide all information required. The
11Director may not consider granting expedited relief until the
12proof and information is received.
13    (4) "Clinical psychologist", "psychiatrist", and
14"qualified examiner" shall have the same meaning as provided in
15Chapter I of the Mental Health and Developmental Disabilities
16Code.
17    (c-10) (1) An applicant, who is denied, revoked, or has his
18or her Firearm Owner's Identification Card seized under
19subsection (e) of Section 8 of this Act based upon a
20determination of a developmental disability or an intellectual
21disability may apply to the Director of State Police requesting
22relief.
23    (2) The Director shall act on the request for relief within
2460 business days of receipt of written certification, in the
25form prescribed by the Director, from a physician or clinical
26psychologist, or qualified examiner, that the aggrieved

 

 

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1party's developmental disability or intellectual disability
2condition is determined by a physician, clinical psychologist,
3or qualified to be mild. If a fact-finding conference is
4scheduled to obtain additional information concerning the
5circumstances of the denial or revocation, the 60 business days
6the Director has to act shall be tolled until the completion of
7the fact-finding conference.
8    (3) The Director may grant relief if the aggrieved party's
9developmental disability or intellectual disability is mild as
10determined by a physician, clinical psychologist, or qualified
11examiner and it is established by the applicant to the
12Director's satisfaction that:
13        (A) granting relief would not be contrary to the public
14    interest; and
15        (B) granting relief would not be contrary to federal
16    law.
17    (4) The Director may not grant relief if the condition is
18determined by a physician, clinical psychologist, or qualified
19examiner to be moderate, severe, or profound.
20    (5) The changes made to this Section by this amendatory Act
21of the 99th General Assembly apply to requests for relief
22pending on or before the effective date of this amendatory Act,
23except that the 60-day period for the Director to act on
24requests pending before the effective date shall begin on the
25effective date of this amendatory Act.
26    (d) When a minor is adjudicated delinquent for an offense

 

 

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1which if committed by an adult would be a felony, the court
2shall notify the Department of State Police.
3    (e) The court shall review the denial of an application or
4the revocation of a Firearm Owner's Identification Card of a
5person who has been adjudicated delinquent for an offense that
6if committed by an adult would be a felony if an application
7for relief has been filed at least 10 years after the
8adjudication of delinquency and the court determines that the
9applicant should be granted relief from disability to obtain a
10Firearm Owner's Identification Card. If the court grants
11relief, the court shall notify the Department of State Police
12that the disability has been removed and that the applicant is
13eligible to obtain a Firearm Owner's Identification Card.
14    (f) Any person who is subject to the disabilities of 18
15U.S.C. 922(d)(4) and 922(g)(4) of the federal Gun Control Act
16of 1968 because of an adjudication or commitment that occurred
17under the laws of this State or who was determined to be
18subject to the provisions of subsections (e), (f), or (g) of
19Section 8 of this Act may apply to the Department of State
20Police requesting relief from that prohibition. The Director
21shall grant the relief if it is established by a preponderance
22of the evidence that the person will not be likely to act in a
23manner dangerous to public safety and that granting relief
24would not be contrary to the public interest. In making this
25determination, the Director shall receive evidence concerning
26(i) the circumstances regarding the firearms disabilities from

 

 

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1which relief is sought; (ii) the petitioner's mental health and
2criminal history records, if any; (iii) the petitioner's
3reputation, developed at a minimum through character witness
4statements, testimony, or other character evidence; and (iv)
5changes in the petitioner's condition or circumstances since
6the disqualifying events relevant to the relief sought. If
7relief is granted under this subsection or by order of a court
8under this Section, the Director shall as soon as practicable
9but in no case later than 15 business days, update, correct,
10modify, or remove the person's record in any database that the
11Department of State Police makes available to the National
12Instant Criminal Background Check System and notify the United
13States Attorney General that the basis for the record being
14made available no longer applies. The Department of State
15Police shall adopt rules for the administration of this
16Section.
17(Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15; 99-78,
18eff. 7-20-15.)