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1 | AN ACT concerning safety.
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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 5. The Firearm Owners Identification Card Act is | |||||||||||||||||||||||||
5 | amended by changing Sections 5 and 10 as follows:
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6 | (430 ILCS 65/5) (from Ch. 38, par. 83-5)
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7 | Sec. 5. Application and renewal. | |||||||||||||||||||||||||
8 | (a) The Department of State Police shall either approve or
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9 | deny all applications within 30 days from the date they are | |||||||||||||||||||||||||
10 | received,
except as provided in subsection (b) of this Section, | |||||||||||||||||||||||||
11 | and every applicant found qualified under Section 8 of this Act | |||||||||||||||||||||||||
12 | by
the Department shall be entitled to a Firearm Owner's | |||||||||||||||||||||||||
13 | Identification
Card upon the payment of a $10 fee. Any | |||||||||||||||||||||||||
14 | applicant who is an active duty member of the Armed Forces of | |||||||||||||||||||||||||
15 | the United States, a member of the Illinois National Guard, or | |||||||||||||||||||||||||
16 | a member of the Reserve Forces of the United States is exempt | |||||||||||||||||||||||||
17 | from the application fee. $6 of each fee derived from the
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18 | issuance of Firearm Owner's Identification Cards, or renewals | |||||||||||||||||||||||||
19 | thereof,
shall be deposited in the Wildlife and Fish Fund in | |||||||||||||||||||||||||
20 | the State Treasury;
$1 of the fee shall be deposited in the | |||||||||||||||||||||||||
21 | State Police Services Fund and $3 of the fee shall be deposited | |||||||||||||||||||||||||
22 | in the
State Police Firearm Services Fund. | |||||||||||||||||||||||||
23 | (b) Renewal applications shall be approved or denied within |
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1 | 90 calendar 60 business days, provided the applicant submitted | ||||||
2 | his or her renewal application prior to the expiration of his | ||||||
3 | or her Firearm Owner's Identification Card. If a renewal | ||||||
4 | application has been submitted prior to the expiration date of | ||||||
5 | the applicant's Firearm Owner's Identification Card, the | ||||||
6 | Firearm Owner's Identification Card shall remain valid while | ||||||
7 | the Department processes the application, unless the person is | ||||||
8 | subject to or becomes subject to revocation under this Act. The | ||||||
9 | cost for a renewal application shall be $10 which shall be | ||||||
10 | deposited into the State Police Firearm Services Fund.
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11 | (Source: P.A. 100-906, eff. 1-1-19 .)
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12 | (430 ILCS 65/10) (from Ch. 38, par. 83-10)
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13 | Sec. 10. Appeal to director; hearing; relief from firearm | ||||||
14 | prohibitions. | ||||||
15 | (a) Whenever an application for a Firearm Owner's | ||||||
16 | Identification
Card is denied, whenever the Department fails to | ||||||
17 | act on an application
within 30 days of its receipt, or | ||||||
18 | whenever such a Card is revoked or seized
as provided for in | ||||||
19 | Section 8 of this Act, the aggrieved party may
appeal
to the | ||||||
20 | Director of State Police for a hearing upon
such denial, | ||||||
21 | revocation or seizure, unless the denial, revocation, or | ||||||
22 | seizure
was based upon a forcible felony, stalking, aggravated | ||||||
23 | stalking, domestic
battery, any violation of the Illinois | ||||||
24 | Controlled Substances Act, the Methamphetamine Control and | ||||||
25 | Community Protection Act, or the
Cannabis Control Act that is |
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1 | classified as a Class 2 or greater felony,
any
felony violation | ||||||
2 | of Article 24 of the Criminal Code of 1961 or the Criminal Code | ||||||
3 | of 2012, or any
adjudication as a delinquent minor for the | ||||||
4 | commission of an
offense that if committed by an adult would be | ||||||
5 | a felony, in which case the
aggrieved party may petition the | ||||||
6 | circuit court in writing in the county of
his or her residence | ||||||
7 | for a hearing upon such denial, revocation, or seizure. The | ||||||
8 | Director must act on an appeal of a failure of the Illinois | ||||||
9 | State Police to act on an application for a Firearm Owner's | ||||||
10 | Identification Card or a denial, revocation, or seizure of the | ||||||
11 | Card within 90 calendar days after receipt of the appeal. If | ||||||
12 | the Director fails to act within that 90-day period, the | ||||||
13 | application for the Firearm Owner's Identification Card shall | ||||||
14 | be granted or the revoked Card shall be reinstated or a seized | ||||||
15 | Card returned to the person whose Card has been seized.
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16 | (b) At least 30 days before any hearing in the circuit | ||||||
17 | court, the
petitioner shall serve the
relevant State's Attorney | ||||||
18 | with a copy of the petition. The State's Attorney
may object to | ||||||
19 | the petition and present evidence. At the hearing the court
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20 | shall
determine whether substantial justice has been done. | ||||||
21 | Should the court
determine that substantial justice has not | ||||||
22 | been done, the court shall issue an
order directing the | ||||||
23 | Department of State Police to issue a Card. However, the court | ||||||
24 | shall not issue the order if the petitioner is otherwise | ||||||
25 | prohibited from obtaining, possessing, or using a firearm under
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26 | federal law.
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1 | (c) Any person prohibited from possessing a firearm under | ||||||
2 | Sections 24-1.1
or 24-3.1 of the Criminal Code of 2012 or | ||||||
3 | acquiring a Firearm Owner's
Identification Card under Section 8 | ||||||
4 | of this Act may apply to
the Director
of State Police
or | ||||||
5 | petition the circuit court in the county where the petitioner | ||||||
6 | resides,
whichever is applicable in accordance with subsection | ||||||
7 | (a) of this Section,
requesting relief
from such prohibition | ||||||
8 | and the Director or court may grant such relief if it
is
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9 | established by the applicant to the court's or Director's | ||||||
10 | satisfaction
that:
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11 | (0.05) when in the circuit court, the State's Attorney | ||||||
12 | has been served
with a written
copy of the
petition at | ||||||
13 | least 30 days before any such hearing in the circuit court | ||||||
14 | and at
the hearing the
State's Attorney was afforded an | ||||||
15 | opportunity to present evidence and object to
the petition;
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16 | (1) the applicant has not been convicted of a forcible | ||||||
17 | felony under the
laws of this State or any other | ||||||
18 | jurisdiction within 20 years of the
applicant's | ||||||
19 | application for a Firearm Owner's Identification Card, or | ||||||
20 | at
least 20 years have passed since the end of any period | ||||||
21 | of imprisonment
imposed in relation to that conviction;
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22 | (2) the circumstances regarding a criminal conviction, | ||||||
23 | where applicable,
the applicant's criminal history and his | ||||||
24 | reputation are such that the applicant
will not be likely | ||||||
25 | to act in a manner dangerous to public safety;
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26 | (3) granting relief would not be contrary to the public |
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1 | interest; and | ||||||
2 | (4) granting relief would not be contrary to federal | ||||||
3 | law.
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4 | (c-5) (1) An active law enforcement officer employed by a | ||||||
5 | unit of government, who is denied, revoked, or has his or her | ||||||
6 | Firearm Owner's Identification Card seized under subsection | ||||||
7 | (e) of Section 8 of this Act may apply to the Director of State | ||||||
8 | Police requesting relief if the officer did not act in a manner | ||||||
9 | threatening to the officer, another person, or the public as | ||||||
10 | determined by the treating clinical psychologist or physician, | ||||||
11 | and as a result of his or her work is referred by the employer | ||||||
12 | for or voluntarily seeks mental health evaluation or treatment | ||||||
13 | by a licensed clinical psychologist, psychiatrist, or | ||||||
14 | qualified examiner, and: | ||||||
15 | (A) the officer has not received treatment | ||||||
16 | involuntarily at a mental health facility, regardless of | ||||||
17 | the length of admission; or has not been voluntarily | ||||||
18 | admitted to a mental health facility for more than 30 days | ||||||
19 | and not for more than one incident within the past 5 years; | ||||||
20 | and | ||||||
21 | (B) the officer has not left the mental institution | ||||||
22 | against medical advice. | ||||||
23 | (2) The Director of State Police shall grant expedited | ||||||
24 | relief to active law enforcement officers described in | ||||||
25 | paragraph (1) of this subsection (c-5) upon a determination by | ||||||
26 | the Director that the officer's possession of a firearm does |
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1 | not present a threat to themselves, others, or public safety. | ||||||
2 | The Director shall act on the request for relief within 30 | ||||||
3 | business days of receipt of: | ||||||
4 | (A) a notarized statement from the officer in the form | ||||||
5 | prescribed by the Director detailing the circumstances | ||||||
6 | that led to the hospitalization; | ||||||
7 | (B) all documentation regarding the admission, | ||||||
8 | evaluation, treatment and discharge from the treating | ||||||
9 | licensed clinical psychologist or psychiatrist of the | ||||||
10 | officer; | ||||||
11 | (C) a psychological fitness for duty evaluation of the | ||||||
12 | person completed after the time of discharge; and | ||||||
13 | (D) written confirmation in the form prescribed by the | ||||||
14 | Director from the treating licensed clinical psychologist | ||||||
15 | or psychiatrist that the provisions set forth in paragraph | ||||||
16 | (1) of this subsection (c-5) have been met, the person | ||||||
17 | successfully completed treatment, and their professional | ||||||
18 | opinion regarding the person's ability to possess | ||||||
19 | firearms. | ||||||
20 | (3) Officers eligible for the expedited relief in paragraph | ||||||
21 | (2) of this subsection (c-5) have the burden of proof on | ||||||
22 | eligibility and must provide all information required. The | ||||||
23 | Director may not consider granting expedited relief until the | ||||||
24 | proof and information is received. | ||||||
25 | (4) "Clinical psychologist", "psychiatrist", and | ||||||
26 | "qualified examiner" shall have the same meaning as provided in |
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1 | Chapter I of the Mental Health and Developmental Disabilities | ||||||
2 | Code. | ||||||
3 | (c-10) (1) An applicant, who is denied, revoked, or has his | ||||||
4 | or her Firearm Owner's Identification Card seized under | ||||||
5 | subsection (e) of Section 8 of this Act based upon a | ||||||
6 | determination of a developmental disability or an intellectual | ||||||
7 | disability may apply to the Director of State Police requesting | ||||||
8 | relief. | ||||||
9 | (2) The Director shall act on the request for relief within | ||||||
10 | 60 business days of receipt of written certification, in the | ||||||
11 | form prescribed by the Director, from a physician or clinical | ||||||
12 | psychologist, or qualified examiner, that the aggrieved | ||||||
13 | party's developmental disability or intellectual disability | ||||||
14 | condition is determined by a physician, clinical psychologist, | ||||||
15 | or qualified to be mild. If a fact-finding conference is | ||||||
16 | scheduled to obtain additional information concerning the | ||||||
17 | circumstances of the denial or revocation, the 60 business days | ||||||
18 | the Director has to act shall be tolled until the completion of | ||||||
19 | the fact-finding conference. | ||||||
20 | (3) The Director may grant relief if the aggrieved party's | ||||||
21 | developmental disability or intellectual disability is mild as | ||||||
22 | determined by a physician, clinical psychologist, or qualified | ||||||
23 | examiner and it is established by the applicant to the | ||||||
24 | Director's satisfaction that: | ||||||
25 | (A) granting relief would not be contrary to the public | ||||||
26 | interest; and |
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1 | (B) granting relief would not be contrary to federal | ||||||
2 | law. | ||||||
3 | (4) The Director may not grant relief if the condition is | ||||||
4 | determined by a physician, clinical psychologist, or qualified | ||||||
5 | examiner to be moderate, severe, or profound. | ||||||
6 | (5) The changes made to this Section by this amendatory Act | ||||||
7 | of the 99th General Assembly apply to requests for
relief | ||||||
8 | pending on or before the effective date of this amendatory Act, | ||||||
9 | except that the 60-day period for the Director to act on | ||||||
10 | requests pending before the effective date shall begin
on the | ||||||
11 | effective date of this amendatory Act. | ||||||
12 | (d) When a minor is adjudicated delinquent for an offense | ||||||
13 | which if
committed by an adult would be a felony, the court | ||||||
14 | shall notify the Department
of State Police.
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15 | (e) The court shall review the denial of an application or | ||||||
16 | the revocation of
a Firearm Owner's Identification Card of a | ||||||
17 | person who has been adjudicated
delinquent for an offense that | ||||||
18 | if
committed by an adult would be a felony if an
application | ||||||
19 | for relief has been filed at least 10 years after the | ||||||
20 | adjudication
of delinquency and the court determines that the | ||||||
21 | applicant should be
granted relief from disability to obtain a | ||||||
22 | Firearm Owner's Identification Card.
If the court grants | ||||||
23 | relief, the court shall notify the Department of State
Police | ||||||
24 | that the disability has
been removed and that the applicant is | ||||||
25 | eligible to obtain a Firearm Owner's
Identification Card.
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26 | (f) Any person who is subject to the disabilities of 18 |
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1 | U.S.C. 922(d)(4) and 922(g)(4) of the federal Gun Control Act | ||||||
2 | of 1968 because of an adjudication or commitment that occurred | ||||||
3 | under the laws of this State or who was determined to be | ||||||
4 | subject to the provisions of subsections (e), (f), or (g) of | ||||||
5 | Section 8 of this Act may apply to the Department of State | ||||||
6 | Police requesting relief from that prohibition. The Director | ||||||
7 | shall grant the relief if it is established by a preponderance | ||||||
8 | of the evidence that the person will not be likely to act in a | ||||||
9 | manner dangerous to public safety and that granting relief | ||||||
10 | would not be contrary to the public interest. In making this | ||||||
11 | determination, the Director shall receive evidence concerning | ||||||
12 | (i) the circumstances regarding the firearms disabilities from | ||||||
13 | which relief is sought; (ii) the petitioner's mental health and | ||||||
14 | criminal history records, if any; (iii) the petitioner's | ||||||
15 | reputation, developed at a minimum through character witness | ||||||
16 | statements, testimony, or other character evidence; and (iv) | ||||||
17 | changes in the petitioner's condition or circumstances since | ||||||
18 | the disqualifying events relevant to the relief sought. If | ||||||
19 | relief is granted under this subsection or by order of a court | ||||||
20 | under this Section, the Director shall as soon as practicable | ||||||
21 | but in no case later than 15 business days, update, correct, | ||||||
22 | modify, or remove the person's record in any database that the | ||||||
23 | Department of State Police makes available to the National | ||||||
24 | Instant Criminal Background Check System and notify the United | ||||||
25 | States Attorney General that the basis for the record being | ||||||
26 | made available no longer applies. The Department of State |
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1 | Police shall adopt rules for the administration of this | ||||||
2 | Section. | ||||||
3 | (Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15; 99-78, | ||||||
4 | eff. 7-20-15.)
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5 | Section 10. The Firearm Concealed Carry Act is amended by | ||||||
6 | changing Sections 50 and 87 as follows: | ||||||
7 | (430 ILCS 66/50)
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8 | Sec. 50. License renewal. | ||||||
9 | (a) This subsection (a) applies through the 180th day | ||||||
10 | following the effective date of this amendatory Act of the | ||||||
11 | 101st General Assembly. Applications for renewal of a license | ||||||
12 | shall be made to the Department. A license shall be renewed for | ||||||
13 | a period of 5 years upon receipt of a completed renewal | ||||||
14 | application, completion of 3 hours of training required under | ||||||
15 | Section 75 of this Act, payment of the applicable renewal fee, | ||||||
16 | and completion of an investigation under Section 35 of this | ||||||
17 | Act. The renewal application shall contain the information | ||||||
18 | required in Section 30 of this Act, except that the applicant | ||||||
19 | need not resubmit a full set of fingerprints. | ||||||
20 | (b) This subsection (b) applies on and after the 181st day | ||||||
21 | following the effective date of this amendatory Act of the | ||||||
22 | 101st General Assembly. Applications for renewal of a license | ||||||
23 | shall be made to the Department. A license shall be renewed for | ||||||
24 | a period of 5 years from the date of expiration on the |
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1 | applicant's current license upon the receipt of a completed | ||||||
2 | renewal application, completion of 3 hours of training required | ||||||
3 | under Section 75 of this Act, payment of the applicable renewal | ||||||
4 | fee, and completion of an investigation under Section 35 of | ||||||
5 | this Act. The renewal application shall contain the information | ||||||
6 | required in Section 30 of this Act, except that the applicant | ||||||
7 | need not resubmit a full set of fingerprints. Renewal | ||||||
8 | applications shall be approved or denied within 90 calendar | ||||||
9 | days.
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10 | (Source: P.A. 101-80, eff. 7-12-19.) | ||||||
11 | (430 ILCS 66/87)
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12 | Sec. 87. Administrative and judicial review. | ||||||
13 | (a) Whenever an application for a concealed carry license | ||||||
14 | is denied, whenever the Department fails to act on an | ||||||
15 | application
within 90 days of its receipt, or whenever a | ||||||
16 | license is revoked or suspended as provided in this Act, the | ||||||
17 | aggrieved party may
appeal
to the Director for a hearing upon
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18 | the denial, revocation, suspension, or failure to act on the | ||||||
19 | application, unless the denial
was made by the Concealed Carry | ||||||
20 | Licensing Review Board, in which case the
aggrieved party may | ||||||
21 | petition the circuit court in writing in the county of
his or | ||||||
22 | her residence for a hearing upon the denial. The Director must | ||||||
23 | act on an appeal of a failure of the Illinois State Police to | ||||||
24 | act on an application for a concealed carry license or a | ||||||
25 | denial, revocation, or suspension of the concealed carry |
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1 | license within 90 calendar days after receipt of the appeal. If | ||||||
2 | the Director fails to act within that 90-day period, the | ||||||
3 | application for the concealed carry license shall be granted or | ||||||
4 | the revoked or suspended concealed carry license shall be | ||||||
5 | reinstated. | ||||||
6 | (b) All final administrative decisions of the Department or | ||||||
7 | the Concealed Carry Licensing Review Board under this
Act shall | ||||||
8 | be subject to judicial review under the provisions of the | ||||||
9 | Administrative
Review Law. The term
"administrative decision" | ||||||
10 | is defined as in Section 3-101 of the Code of
Civil Procedure.
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11 | (Source: P.A. 98-63, eff. 7-9-13.)
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