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