101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB4707

 

Introduced 2/18/2020, by Rep. Joe Sosnowski

 

SYNOPSIS AS INTRODUCED:
 
430 ILCS 65/5  from Ch. 38, par. 83-5
430 ILCS 65/10  from Ch. 38, par. 83-10
430 ILCS 66/50
430 ILCS 66/87

    Amends the Firearm Owners Identification Card Act. Provides that a renewal application for a Firearm Owner's Identification Card shall be approved or denied by the Illinois State Police within 90 calendar days (instead of 60 business days). Provides that the Director of the Illinois State Police must act on an appeal of a failure of the Illinois State Police to act on an application for a Firearm Owner's Identification Card or a denial, revocation, or seizure of the Card within 90 calendar days after receipt of the appeal. Provides that if the Director fails to act within that 90-day period, the application for the Firearm Owner's Identification Card shall be granted or the revoked Card shall be reinstated or a seized Card returned to the person whose Card has been seized. Amends the Firearm Concealed Carry Act. Provides that a renewal application for a concealed carry license shall be approved or denied by the Illinois State Police within 90 calendar days. Provides that the Director of the Illinois State Police must act on an appeal of a failure of the Illinois State Police to act on an application for a concealed carry license or a denial, revocation, or suspension of the concealed carry license within 90 calendar days after receipt of the appeal. If the Director fails to act within that 90-day period, the application for the concealed carry license shall be granted or the revoked or suspended concealed carry license shall be reinstated.


LRB101 17977 RLC 67415 b

 

 

A BILL FOR

 

HB4707LRB101 17977 RLC 67415 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 Sections 5 and 10 as follows:
 
6    (430 ILCS 65/5)  (from Ch. 38, par. 83-5)
7    Sec. 5. Application and renewal.
8    (a) The Department of State Police shall either approve or
9deny all applications within 30 days from the date they are
10received, except as provided in subsection (b) of this Section,
11and every applicant found qualified under Section 8 of this Act
12by the Department shall be entitled to a Firearm Owner's
13Identification Card upon the payment of a $10 fee. Any
14applicant who is an active duty member of the Armed Forces of
15the United States, a member of the Illinois National Guard, or
16a member of the Reserve Forces of the United States is exempt
17from the application fee. $6 of each fee derived from the
18issuance of Firearm Owner's Identification Cards, or renewals
19thereof, shall be deposited in the Wildlife and Fish Fund in
20the State Treasury; $1 of the fee shall be deposited in the
21State Police Services Fund and $3 of the fee shall be deposited
22in the State Police Firearm Services Fund.
23    (b) Renewal applications shall be approved or denied within

 

 

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190 calendar 60 business days, provided the applicant submitted
2his or her renewal application prior to the expiration of his
3or her Firearm Owner's Identification Card. If a renewal
4application has been submitted prior to the expiration date of
5the applicant's Firearm Owner's Identification Card, the
6Firearm Owner's Identification Card shall remain valid while
7the Department processes the application, unless the person is
8subject to or becomes subject to revocation under this Act. The
9cost for a renewal application shall be $10 which shall be
10deposited into the State Police Firearm Services Fund.
11(Source: P.A. 100-906, eff. 1-1-19.)
 
12    (430 ILCS 65/10)  (from Ch. 38, par. 83-10)
13    Sec. 10. Appeal to director; hearing; relief from firearm
14prohibitions.
15    (a) Whenever an application for a Firearm Owner's
16Identification Card is denied, whenever the Department fails to
17act on an application within 30 days of its receipt, or
18whenever such a Card is revoked or seized as provided for in
19Section 8 of this Act, the aggrieved party may appeal to the
20Director of State Police for a hearing upon such denial,
21revocation or seizure, unless the denial, revocation, or
22seizure was based upon a forcible felony, stalking, aggravated
23stalking, domestic battery, any violation of the Illinois
24Controlled Substances Act, the Methamphetamine Control and
25Community Protection Act, or the Cannabis Control Act that is

 

 

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1classified as a Class 2 or greater felony, any felony violation
2of Article 24 of the Criminal Code of 1961 or the Criminal Code
3of 2012, or any adjudication as a delinquent minor for the
4commission of an offense that if committed by an adult would be
5a felony, in which case the aggrieved party may petition the
6circuit court in writing in the county of his or her residence
7for a hearing upon such denial, revocation, or seizure. The
8Director must act on an appeal of a failure of the Illinois
9State Police to act on an application for a Firearm Owner's
10Identification Card or a denial, revocation, or seizure of the
11Card within 90 calendar days after receipt of the appeal. If
12the Director fails to act within that 90-day period, the
13application for the Firearm Owner's Identification Card shall
14be granted or the revoked Card shall be reinstated or a seized
15Card returned to the person whose Card has been seized.
16    (b) At least 30 days before any hearing in the circuit
17court, the petitioner shall serve the relevant State's Attorney
18with a copy of the petition. The State's Attorney may object to
19the petition and present evidence. At the hearing the court
20shall determine whether substantial justice has been done.
21Should the court determine that substantial justice has not
22been done, the court shall issue an order directing the
23Department of State Police to issue a Card. However, the court
24shall not issue the order if the petitioner is otherwise
25prohibited from obtaining, possessing, or using a firearm under
26federal law.

 

 

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1    (c) Any person prohibited from possessing a firearm under
2Sections 24-1.1 or 24-3.1 of the Criminal Code of 2012 or
3acquiring a Firearm Owner's Identification Card under Section 8
4of this Act may apply to the Director of State Police or
5petition the circuit court in the county where the petitioner
6resides, whichever is applicable in accordance with subsection
7(a) of this Section, requesting relief from such prohibition
8and the Director or court may grant such relief if it is
9established by the applicant to the court's or Director's
10satisfaction that:
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;
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;
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;
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.
4    (c-5) (1) An active law enforcement officer employed by a
5unit of government, who is denied, revoked, or has his or her
6Firearm Owner's Identification Card seized under subsection
7(e) of Section 8 of this Act may apply to the Director of State
8Police requesting relief if the officer did not act in a manner
9threatening to the officer, another person, or the public as
10determined by the treating clinical psychologist or physician,
11and as a result of his or her work is referred by the employer
12for or voluntarily seeks mental health evaluation or treatment
13by a licensed clinical psychologist, psychiatrist, or
14qualified 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
24relief to active law enforcement officers described in
25paragraph (1) of this subsection (c-5) upon a determination by
26the Director that the officer's possession of a firearm does

 

 

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1not present a threat to themselves, others, or public safety.
2The Director shall act on the request for relief within 30
3business 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
22eligibility and must provide all information required. The
23Director may not consider granting expedited relief until the
24proof 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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1Chapter I of the Mental Health and Developmental Disabilities
2Code.
3    (c-10) (1) An applicant, who is denied, revoked, or has his
4or her Firearm Owner's Identification Card seized under
5subsection (e) of Section 8 of this Act based upon a
6determination of a developmental disability or an intellectual
7disability may apply to the Director of State Police requesting
8relief.
9    (2) The Director shall act on the request for relief within
1060 business days of receipt of written certification, in the
11form prescribed by the Director, from a physician or clinical
12psychologist, or qualified examiner, that the aggrieved
13party's developmental disability or intellectual disability
14condition is determined by a physician, clinical psychologist,
15or qualified to be mild. If a fact-finding conference is
16scheduled to obtain additional information concerning the
17circumstances of the denial or revocation, the 60 business days
18the Director has to act shall be tolled until the completion of
19the fact-finding conference.
20    (3) The Director may grant relief if the aggrieved party's
21developmental disability or intellectual disability is mild as
22determined by a physician, clinical psychologist, or qualified
23examiner and it is established by the applicant to the
24Director'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
4determined by a physician, clinical psychologist, or qualified
5examiner to be moderate, severe, or profound.
6    (5) The changes made to this Section by this amendatory Act
7of the 99th General Assembly apply to requests for relief
8pending on or before the effective date of this amendatory Act,
9except that the 60-day period for the Director to act on
10requests pending before the effective date shall begin on the
11effective date of this amendatory Act.
12    (d) When a minor is adjudicated delinquent for an offense
13which if committed by an adult would be a felony, the court
14shall notify the Department of State Police.
15    (e) The court shall review the denial of an application or
16the revocation of a Firearm Owner's Identification Card of a
17person who has been adjudicated delinquent for an offense that
18if committed by an adult would be a felony if an application
19for relief has been filed at least 10 years after the
20adjudication of delinquency and the court determines that the
21applicant should be granted relief from disability to obtain a
22Firearm Owner's Identification Card. If the court grants
23relief, the court shall notify the Department of State Police
24that the disability has been removed and that the applicant is
25eligible to obtain a Firearm Owner's Identification Card.
26    (f) Any person who is subject to the disabilities of 18

 

 

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1U.S.C. 922(d)(4) and 922(g)(4) of the federal Gun Control Act
2of 1968 because of an adjudication or commitment that occurred
3under the laws of this State or who was determined to be
4subject to the provisions of subsections (e), (f), or (g) of
5Section 8 of this Act may apply to the Department of State
6Police requesting relief from that prohibition. The Director
7shall grant the relief if it is established by a preponderance
8of the evidence that the person will not be likely to act in a
9manner dangerous to public safety and that granting relief
10would not be contrary to the public interest. In making this
11determination, the Director shall receive evidence concerning
12(i) the circumstances regarding the firearms disabilities from
13which relief is sought; (ii) the petitioner's mental health and
14criminal history records, if any; (iii) the petitioner's
15reputation, developed at a minimum through character witness
16statements, testimony, or other character evidence; and (iv)
17changes in the petitioner's condition or circumstances since
18the disqualifying events relevant to the relief sought. If
19relief is granted under this subsection or by order of a court
20under this Section, the Director shall as soon as practicable
21but in no case later than 15 business days, update, correct,
22modify, or remove the person's record in any database that the
23Department of State Police makes available to the National
24Instant Criminal Background Check System and notify the United
25States Attorney General that the basis for the record being
26made available no longer applies. The Department of State

 

 

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1Police shall adopt rules for the administration of this
2Section.
3(Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15; 99-78,
4eff. 7-20-15.)
 
5    Section 10. The Firearm Concealed Carry Act is amended by
6changing Sections 50 and 87 as follows:
 
7    (430 ILCS 66/50)
8    Sec. 50. License renewal.
9    (a) This subsection (a) applies through the 180th day
10following the effective date of this amendatory Act of the
11101st General Assembly. Applications for renewal of a license
12shall be made to the Department. A license shall be renewed for
13a period of 5 years upon receipt of a completed renewal
14application, completion of 3 hours of training required under
15Section 75 of this Act, payment of the applicable renewal fee,
16and completion of an investigation under Section 35 of this
17Act. The renewal application shall contain the information
18required in Section 30 of this Act, except that the applicant
19need not resubmit a full set of fingerprints.
20    (b) This subsection (b) applies on and after the 181st day
21following the effective date of this amendatory Act of the
22101st General Assembly. Applications for renewal of a license
23shall be made to the Department. A license shall be renewed for
24a period of 5 years from the date of expiration on the

 

 

HB4707- 11 -LRB101 17977 RLC 67415 b

1applicant's current license upon the receipt of a completed
2renewal application, completion of 3 hours of training required
3under Section 75 of this Act, payment of the applicable renewal
4fee, and completion of an investigation under Section 35 of
5this Act. The renewal application shall contain the information
6required in Section 30 of this Act, except that the applicant
7need not resubmit a full set of fingerprints. Renewal
8applications shall be approved or denied within 90 calendar
9days.
10(Source: P.A. 101-80, eff. 7-12-19.)
 
11    (430 ILCS 66/87)
12    Sec. 87. Administrative and judicial review.
13    (a) Whenever an application for a concealed carry license
14is denied, whenever the Department fails to act on an
15application within 90 days of its receipt, or whenever a
16license is revoked or suspended as provided in this Act, the
17aggrieved party may appeal to the Director for a hearing upon
18the denial, revocation, suspension, or failure to act on the
19application, unless the denial was made by the Concealed Carry
20Licensing Review Board, in which case the aggrieved party may
21petition the circuit court in writing in the county of his or
22her residence for a hearing upon the denial. The Director must
23act on an appeal of a failure of the Illinois State Police to
24act on an application for a concealed carry license or a
25denial, revocation, or suspension of the concealed carry

 

 

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1license within 90 calendar days after receipt of the appeal. If
2the Director fails to act within that 90-day period, the
3application for the concealed carry license shall be granted or
4the revoked or suspended concealed carry license shall be
5reinstated.
6    (b) All final administrative decisions of the Department or
7the Concealed Carry Licensing Review Board under this Act shall
8be subject to judicial review under the provisions of the
9Administrative Review Law. The term "administrative decision"
10is defined as in Section 3-101 of the Code of Civil Procedure.
11(Source: P.A. 98-63, eff. 7-9-13.)