99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB3358

 

Introduced , by Rep. Ron Sandack

 

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

    Amends the Firearm Owners Identification Card Act. Provides that a person who has been denied a Firearm Owner's Identification Card by the Department of State Police for any misdemeanor crime of domestic violence as defined in the federal Gun Control Act of 1968 or whose Firearm Owner's identification Card has been revoked or seized by the Department for that crime may petition the circuit court in writing in the county of his or her residence for a hearing upon the denial, revocation, or seizure (rather than appeal to the Director of State Police for a hearing).


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A BILL FOR

 

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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 misdemeanor crime of domestic
18violence as defined in 18 U.S.C. 921(a)(33), any violation of
19the Illinois Controlled Substances Act, the Methamphetamine
20Control and Community Protection Act, or the Cannabis Control
21Act that is classified as a Class 2 or greater felony, any
22felony violation of Article 24 of the Criminal Code of 1961 or
23the Criminal Code of 2012, or any adjudication as a delinquent

 

 

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

 

 

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1        (0.05) when in the circuit court, the State's Attorney
2    has been served with a written copy of the petition at
3    least 30 days before any such hearing in the circuit court
4    and at the hearing the State's Attorney was afforded an
5    opportunity to present evidence and object to the petition;
6        (1) the applicant has not been convicted of a forcible
7    felony under the laws of this State or any other
8    jurisdiction within 20 years of the applicant's
9    application for a Firearm Owner's Identification Card, or
10    at least 20 years have passed since the end of any period
11    of imprisonment imposed in relation to that conviction;
12        (2) the circumstances regarding a criminal conviction,
13    where applicable, the applicant's criminal history and his
14    reputation are such that the applicant will not be likely
15    to act in a manner dangerous to public safety;
16        (3) granting relief would not be contrary to the public
17    interest; and
18        (4) granting relief would not be contrary to federal
19    law.
20    (c-5) (1) An active law enforcement officer employed by a
21unit of government, who is denied, revoked, or has his or her
22Firearm Owner's Identification Card seized under subsection
23(e) of Section 8 of this Act may apply to the Director of State
24Police requesting relief if the officer did not act in a manner
25threatening to the officer, another person, or the public as
26determined by the treating clinical psychologist or physician,

 

 

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

 

 

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1        (C) a psychological fitness for duty evaluation of the
2    person completed after the time of discharge; and
3        (D) written confirmation in the form prescribed by the
4    Director from the treating licensed clinical psychologist
5    or psychiatrist that the provisions set forth in paragraph
6    (1) of this subsection (c-5) have been met, the person
7    successfully completed treatment, and their professional
8    opinion regarding the person's ability to possess
9    firearms.
10    (3) Officers eligible for the expedited relief in paragraph
11(2) of this subsection (c-5) have the burden of proof on
12eligibility and must provide all information required. The
13Director may not consider granting expedited relief until the
14proof and information is received.
15    (4) "Clinical psychologist", "psychiatrist", and
16"qualified examiner" shall have the same meaning as provided in
17Chapter I 1 of the Mental Health and Developmental Disabilities
18Code.
19    (d) When a minor is adjudicated delinquent for an offense
20which if committed by an adult would be a felony, the court
21shall notify the Department of State Police.
22    (e) The court shall review the denial of an application or
23the revocation of a Firearm Owner's Identification Card of a
24person who has been adjudicated delinquent for an offense that
25if committed by an adult would be a felony if an application
26for relief has been filed at least 10 years after the

 

 

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1adjudication of delinquency and the court determines that the
2applicant should be granted relief from disability to obtain a
3Firearm Owner's Identification Card. If the court grants
4relief, the court shall notify the Department of State Police
5that the disability has been removed and that the applicant is
6eligible to obtain a Firearm Owner's Identification Card.
7    (f) Any person who is subject to the disabilities of 18
8U.S.C. 922(d)(4) and 922(g)(4) of the federal Gun Control Act
9of 1968 because of an adjudication or commitment that occurred
10under the laws of this State or who was determined to be
11subject to the provisions of subsections (e), (f), or (g) of
12Section 8 of this Act may apply to the Department of State
13Police requesting relief from that prohibition. The Director
14shall grant the relief if it is established by a preponderance
15of the evidence that the person will not be likely to act in a
16manner dangerous to public safety and that granting relief
17would not be contrary to the public interest. In making this
18determination, the Director shall receive evidence concerning
19(i) the circumstances regarding the firearms disabilities from
20which relief is sought; (ii) the petitioner's mental health and
21criminal history records, if any; (iii) the petitioner's
22reputation, developed at a minimum through character witness
23statements, testimony, or other character evidence; and (iv)
24changes in the petitioner's condition or circumstances since
25the disqualifying events relevant to the relief sought. If
26relief is granted under this subsection or by order of a court

 

 

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1under this Section, the Director shall as soon as practicable
2but in no case later than 15 business days, update, correct,
3modify, or remove the person's record in any database that the
4Department of State Police makes available to the National
5Instant Criminal Background Check System and notify the United
6States Attorney General that the basis for the record being
7made available no longer applies. The Department of State
8Police shall adopt rules for the administration of this
9Section.
10(Source: P.A. 97-1131, eff. 1-1-13; 97-1150, eff. 1-25-13;
1197-1167, eff. 6-1-13; 98-63, eff. 7-9-13; revised 12-10-14.)