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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 Firearms Restraining Order Act is amended | |||||||||||||||||||||
5 | by changing Sections 35 and 40 as follows: | |||||||||||||||||||||
6 | (430 ILCS 67/35)
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7 | Sec. 35. Ex parte orders and emergency hearings.
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8 | (a) A State's Attorney or assistant State's Attorney | |||||||||||||||||||||
9 | petitioner may request an emergency firearms restraining order | |||||||||||||||||||||
10 | by filing an affidavit or verified pleading alleging that the | |||||||||||||||||||||
11 | respondent poses an immediate and present danger of causing | |||||||||||||||||||||
12 | personal injury to himself, herself, or another by having in | |||||||||||||||||||||
13 | his or her custody or control, purchasing, possessing, or | |||||||||||||||||||||
14 | receiving a firearm. The petition shall also describe the type | |||||||||||||||||||||
15 | and location of any firearm or firearms presently believed by | |||||||||||||||||||||
16 | the petitioner to be possessed or controlled by the | |||||||||||||||||||||
17 | respondent.
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18 | (b) If the respondent is alleged to pose an immediate and | |||||||||||||||||||||
19 | present danger of causing personal injury to an intimate | |||||||||||||||||||||
20 | partner, or an intimate partner is alleged to have been the | |||||||||||||||||||||
21 | target of a threat or act of violence by the respondent, the | |||||||||||||||||||||
22 | petitioner shall make a good faith effort to provide notice to | |||||||||||||||||||||
23 | any and all intimate partners of the respondent. The notice |
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1 | must include that the petitioner intends to petition the court | ||||||
2 | for an emergency firearms restraining order, and, if the | ||||||
3 | petitioner is a law enforcement officer, referral to relevant | ||||||
4 | domestic violence or stalking advocacy or counseling | ||||||
5 | resources, if appropriate. The petitioner shall attest to | ||||||
6 | having provided the notice in the filed affidavit or verified | ||||||
7 | pleading. If, after making a good faith effort, the petitioner | ||||||
8 | is unable to provide notice to any or all intimate partners, | ||||||
9 | the affidavit or verified pleading should describe what | ||||||
10 | efforts were made. | ||||||
11 | (c) Every person who files a petition for an emergency | ||||||
12 | firearms restraining order, knowing the information provided | ||||||
13 | to the court at any hearing or in the affidavit or verified | ||||||
14 | pleading to be false, is guilty of perjury under Section 32-2 | ||||||
15 | of the Criminal Code of 2012.
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16 | (d) An emergency firearms restraining order shall be | ||||||
17 | issued on an ex parte basis, that is, without notice to the | ||||||
18 | respondent.
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19 | (e) An emergency hearing held on an ex parte basis shall be | ||||||
20 | held the same day that the petition is filed or the next day | ||||||
21 | that the court is in session.
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22 | (f) If a circuit or associate judge finds probable cause | ||||||
23 | to believe that the respondent poses an immediate and present | ||||||
24 | danger of causing personal injury to himself, herself, or | ||||||
25 | another by having in his or her custody or control, | ||||||
26 | purchasing, possessing, or receiving a firearm, the circuit or |
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1 | associate judge shall issue an emergency order.
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2 | (f-5) If the court issues an emergency firearms | ||||||
3 | restraining order, it shall, based upon written application | ||||||
4 | filed by the
State's Attorney or assistant State's Attorney | ||||||
5 | supported by
evidence submitted under oath or affirmation, | ||||||
6 | upon a finding of probable cause that the respondent possesses | ||||||
7 | firearms, issue a search warrant directing a law enforcement | ||||||
8 | agency to seize the respondent's firearms. The court may, as | ||||||
9 | part of that warrant, direct the law enforcement agency to | ||||||
10 | search the respondent's residence and other places where the | ||||||
11 | court finds there is probable cause to believe he or she is | ||||||
12 | likely to possess the firearms. | ||||||
13 | (g) An emergency firearms restraining order shall require:
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14 | (1) the respondent to refrain from having in his or | ||||||
15 | her custody or control, purchasing, possessing, or | ||||||
16 | receiving additional firearms for the duration of the | ||||||
17 | order;
and | ||||||
18 | (2) the respondent to turn over to the local law | ||||||
19 | enforcement agency any Firearm Owner's Identification Card | ||||||
20 | and concealed carry license in his or her possession. The | ||||||
21 | local law enforcement agency shall immediately mail the | ||||||
22 | card and concealed carry license to the Department of | ||||||
23 | State Police Firearm Services Bureau for safekeeping. The | ||||||
24 | firearm or firearms and Firearm Owner's Identification | ||||||
25 | Card and concealed carry license, if unexpired, shall be | ||||||
26 | returned to the respondent after the firearms restraining |
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1 | order is terminated , or expired , or not granted within 7
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2 | days . | ||||||
3 | (h) Except as otherwise provided in subsection (h-5) of | ||||||
4 | this Section, upon expiration of the period of safekeeping, if | ||||||
5 | the firearms or Firearm Owner's Identification Card and | ||||||
6 | concealed carry license cannot be returned to the respondent | ||||||
7 | because the respondent cannot be located, fails to respond to | ||||||
8 | requests to retrieve the firearms, or is not lawfully eligible | ||||||
9 | to possess a firearm, upon petition from the local law | ||||||
10 | enforcement agency, the court may order the local law | ||||||
11 | enforcement agency to destroy the firearms, use the firearms | ||||||
12 | for training purposes, or use the firearms for any other | ||||||
13 | application as deemed appropriate by the local law enforcement | ||||||
14 | agency.
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15 | (h-5) A respondent whose Firearm Owner's Identification | ||||||
16 | Card has been revoked or suspended may petition the court, if | ||||||
17 | the petitioner is present in court or has notice of the | ||||||
18 | respondent's petition, to transfer the respondent's firearm to | ||||||
19 | a person who is lawfully able to possess the firearm if the | ||||||
20 | person does not reside at the same address as the respondent. | ||||||
21 | Notice of the petition shall be served upon the person | ||||||
22 | protected by the emergency firearms restraining order. While | ||||||
23 | the order is in effect, the transferee who receives the | ||||||
24 | respondent's firearms must swear or affirm by affidavit that | ||||||
25 | he or she shall not transfer the firearm to the respondent or | ||||||
26 | to anyone residing in the same residence as the respondent. |
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1 | (h-6) If a person other than the respondent claims title | ||||||
2 | to any firearms surrendered under this Section, he or she may | ||||||
3 | petition the court, if the petitioner is present in court or | ||||||
4 | has notice of the petition, to have the firearm returned to him | ||||||
5 | or her. If the court determines that person to be the lawful | ||||||
6 | owner of the firearm, the firearm shall be returned to him or | ||||||
7 | her, provided that: | ||||||
8 | (1) the firearm is removed from the respondent's | ||||||
9 | custody, control, or possession and the lawful owner | ||||||
10 | agrees to store the firearm in a manner such that the | ||||||
11 | respondent does not have access to or control of the | ||||||
12 | firearm; and | ||||||
13 | (2) the firearm is not otherwise unlawfully possessed | ||||||
14 | by the owner. | ||||||
15 | The person petitioning for the return of his or her | ||||||
16 | firearm must swear or affirm by affidavit that he or she: (i) | ||||||
17 | is the lawful owner of the firearm; (ii) shall not transfer the | ||||||
18 | firearm to the respondent; and (iii) will store the firearm in | ||||||
19 | a manner that the respondent does not have access to or control | ||||||
20 | of the firearm. | ||||||
21 | (i) In accordance with subsection (e) of this Section, the | ||||||
22 | court shall schedule a full hearing as soon as possible, but no | ||||||
23 | longer than 14 days from the issuance of an ex parte firearms | ||||||
24 | restraining order, to determine if a 6-month firearms | ||||||
25 | restraining order shall be issued. The court may extend an ex | ||||||
26 | parte order as needed, but not to exceed 14 days, to effectuate |
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1 | service of the order or if necessary to continue protection. | ||||||
2 | The court may extend the order for a greater length of time by | ||||||
3 | mutual agreement of the parties.
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4 | (Source: P.A. 100-607, eff. 1-1-19; 101-81, eff. 7-12-19.) | ||||||
5 | (430 ILCS 67/40)
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6 | Sec. 40. Six-month orders.
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7 | (a) A petitioner may request a 6-month firearms | ||||||
8 | restraining order by filing an affidavit or verified pleading | ||||||
9 | alleging that the respondent poses a significant danger of | ||||||
10 | causing personal injury to himself, herself, or another in the | ||||||
11 | near future by having in his or her custody or control, | ||||||
12 | purchasing, possessing, or receiving a firearm. The petition | ||||||
13 | shall also describe the number, types, and locations of any | ||||||
14 | firearms presently believed by the petitioner to be possessed | ||||||
15 | or controlled by the respondent.
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16 | (b) If the respondent is alleged to pose a significant | ||||||
17 | danger of causing personal injury to an intimate partner, or | ||||||
18 | an intimate partner is alleged to have been the target of a | ||||||
19 | threat or act of violence by the respondent, the petitioner | ||||||
20 | shall make a good faith effort to provide notice to any and all | ||||||
21 | intimate partners of the respondent. The notice must include | ||||||
22 | that the petitioner intends to petition the court for a | ||||||
23 | 6-month firearms restraining order, and, if the petitioner is | ||||||
24 | a law enforcement officer, referral to relevant domestic | ||||||
25 | violence or stalking advocacy or counseling resources, if |
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1 | appropriate. The petitioner shall attest to having provided | ||||||
2 | the notice in the filed affidavit or verified pleading. If, | ||||||
3 | after making a good faith effort, the petitioner is unable to | ||||||
4 | provide notice to any or all intimate partners, the affidavit | ||||||
5 | or verified pleading should describe what efforts were made. | ||||||
6 | (c) Every person who files a petition for a 6-month | ||||||
7 | firearms restraining order, knowing the information provided | ||||||
8 | to the court at any hearing or in the affidavit or verified | ||||||
9 | pleading to be false, is guilty of perjury under Section 32-2 | ||||||
10 | of the Criminal Code of 2012.
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11 | (d) Upon receipt of a petition for a 6-month firearms | ||||||
12 | restraining order, the court shall order a hearing within 30 | ||||||
13 | days.
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14 | (e) In determining whether to issue a firearms restraining | ||||||
15 | order under this Section, the court shall consider evidence | ||||||
16 | including, but not limited to, the following:
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17 | (1) The unlawful and reckless use, display, or | ||||||
18 | brandishing of a firearm by the respondent.
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19 | (2) The history of use, attempted use, or threatened | ||||||
20 | use of physical force by the respondent against another | ||||||
21 | person.
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22 | (3) Any prior arrest of the respondent for a felony | ||||||
23 | offense. | ||||||
24 | (4) Evidence of the abuse of controlled substances or | ||||||
25 | alcohol by the respondent. | ||||||
26 | (5) A recent threat of violence or act of violence by |
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1 | the respondent directed toward himself, herself, or | ||||||
2 | another. | ||||||
3 | (6) A violation of an emergency order of protection | ||||||
4 | issued under Section 217 of the Illinois Domestic Violence | ||||||
5 | Act of 1986 or Section 112A-17 of the Code of Criminal | ||||||
6 | Procedure of 1963 or of an order of protection issued | ||||||
7 | under Section 214 of the Illinois Domestic Violence Act of | ||||||
8 | 1986 or Section 112A-14 of the Code of Criminal Procedure | ||||||
9 | of 1963.
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10 | (7) A pattern of violent acts or violent threats, | ||||||
11 | including, but not limited to, threats of violence or acts | ||||||
12 | of violence by the respondent directed toward himself, | ||||||
13 | herself, or another. | ||||||
14 | (f) At the hearing, the petitioner shall have the burden | ||||||
15 | of proving, by clear and convincing evidence, that the | ||||||
16 | respondent poses a significant danger of personal injury to | ||||||
17 | himself, herself, or another by having in his or her custody or | ||||||
18 | control, purchasing, possessing, or receiving a firearm. | ||||||
19 | (g) If the court finds that there is clear and convincing | ||||||
20 | evidence to issue a firearms restraining order, the court | ||||||
21 | shall issue a firearms restraining order that shall be in | ||||||
22 | effect for 6 months subject to renewal under Section 45 of this | ||||||
23 | Act or termination under that Section. | ||||||
24 | (g-5) If the court issues a 6-month firearms restraining | ||||||
25 | order, it shall, upon a finding of probable cause that the | ||||||
26 | respondent possesses firearms, issue a search warrant |
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1 | directing a law enforcement agency to seize the respondent's | ||||||
2 | firearms. The court may, as part of that warrant, direct the | ||||||
3 | law enforcement agency to search the respondent's residence | ||||||
4 | and other places where the court finds there is probable cause | ||||||
5 | to believe he or she is likely to possess the firearms. | ||||||
6 | (h) A 6-month firearms restraining order shall require: | ||||||
7 | (1) the respondent to refrain from having in his or | ||||||
8 | her custody or control, purchasing, possessing, or | ||||||
9 | receiving additional firearms for the duration of the | ||||||
10 | order; and | ||||||
11 | (2) the respondent to turn over to the local law | ||||||
12 | enforcement agency any firearm or Firearm Owner's | ||||||
13 | Identification Card and concealed carry license in his or | ||||||
14 | her possession. The local law enforcement agency shall | ||||||
15 | immediately mail the card and concealed carry license to | ||||||
16 | the Department of State Police Firearm Services Bureau for | ||||||
17 | safekeeping. The firearm or firearms and Firearm Owner's | ||||||
18 | Identification Card and concealed carry license, if | ||||||
19 | unexpired, shall be returned to the respondent after the | ||||||
20 | firearms restraining order is terminated , or expired , or | ||||||
21 | not granted within 7 days . | ||||||
22 | (i) Except as otherwise provided in subsection (i-5) of | ||||||
23 | this Section, upon expiration of the period of safekeeping, if | ||||||
24 | the firearms or Firearm Owner's Identification Card cannot be | ||||||
25 | returned to the respondent because the respondent cannot be | ||||||
26 | located, fails to respond to requests to retrieve the |
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1 | firearms, or is not lawfully eligible to possess a firearm, | ||||||
2 | upon petition from the local law enforcement agency, the court | ||||||
3 | may order the local law enforcement agency to destroy the | ||||||
4 | firearms, use the firearms for training purposes, or use the | ||||||
5 | firearms for any other application as deemed appropriate by | ||||||
6 | the local law enforcement agency. | ||||||
7 | (i-5) A respondent whose Firearm Owner's Identification | ||||||
8 | Card has been revoked or suspended may petition the court, if | ||||||
9 | the petitioner is present in court or has notice of the | ||||||
10 | respondent's petition, to transfer the respondent's firearm to | ||||||
11 | a person who is lawfully able to possess the firearm if the | ||||||
12 | person does not reside at the same address as the respondent. | ||||||
13 | Notice of the petition shall be served upon the person | ||||||
14 | protected by the emergency firearms restraining order. While | ||||||
15 | the order is in effect, the transferee who receives the | ||||||
16 | respondent's firearms must swear or affirm by affidavit that | ||||||
17 | he or she shall not transfer the firearm to the respondent or | ||||||
18 | to anyone residing in the same residence as the respondent. | ||||||
19 | (i-6) If a person other than the respondent claims title | ||||||
20 | to any firearms surrendered under this Section, he or she may | ||||||
21 | petition the court, if the petitioner is present in court or | ||||||
22 | has notice of the petition, to have the firearm returned to him | ||||||
23 | or her. If the court determines that person to be the lawful | ||||||
24 | owner of the firearm, the firearm shall be returned to him or | ||||||
25 | her, provided that: | ||||||
26 | (1) the firearm is removed from the respondent's |
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1 | custody, control, or possession and the lawful owner | ||||||
2 | agrees to store the firearm in a manner such that the | ||||||
3 | respondent does not have access to or control of the | ||||||
4 | firearm; and | ||||||
5 | (2) the firearm is not otherwise unlawfully possessed | ||||||
6 | by the owner. | ||||||
7 | The person petitioning for the return of his or her | ||||||
8 | firearm must swear or affirm by affidavit that he or she: (i) | ||||||
9 | is the lawful owner of the firearm; (ii) shall not transfer the | ||||||
10 | firearm to the respondent; and (iii) will store the firearm in | ||||||
11 | a manner that the respondent does not have access to or control | ||||||
12 | of the firearm. | ||||||
13 | (j) If the court does not issue a firearms restraining | ||||||
14 | order at the hearing, the court shall dissolve any emergency | ||||||
15 | firearms restraining order then in effect. | ||||||
16 | (k) When the court issues a firearms restraining order | ||||||
17 | under this Section, the court shall inform the respondent that | ||||||
18 | he or she is entitled to one hearing during the period of the | ||||||
19 | order to request a termination of the order, under Section 45 | ||||||
20 | of this Act, and shall provide the respondent with a form to | ||||||
21 | request a hearing.
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22 | (Source: P.A. 100-607, eff. 1-1-19; 101-81, eff. 7-12-19.)
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23 | Section 99. Effective date. This Act takes effect upon | ||||||
24 | becoming law.
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