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1 | AN ACT concerning firearms.
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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 1.1 and 8 and by adding Section | ||||||||||||||||||||||||||||||
6 | 8.3 as follows:
| ||||||||||||||||||||||||||||||
7 | (430 ILCS 65/1.1) (from Ch. 38, par. 83-1.1)
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8 | Sec. 1.1. For purposes of this Act:
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9 | "Addicted to narcotics" means a person who has been: | ||||||||||||||||||||||||||||||
10 | (1) convicted of an offense involving the use or | ||||||||||||||||||||||||||||||
11 | possession of cannabis, a controlled substance, or | ||||||||||||||||||||||||||||||
12 | methamphetamine within the past year; or | ||||||||||||||||||||||||||||||
13 | (2) determined by the Department of State Police to be | ||||||||||||||||||||||||||||||
14 | addicted to narcotics based upon federal law or federal | ||||||||||||||||||||||||||||||
15 | guidelines. | ||||||||||||||||||||||||||||||
16 | "Addicted to narcotics" does not include possession or use | ||||||||||||||||||||||||||||||
17 | of a prescribed controlled substance under the direction and | ||||||||||||||||||||||||||||||
18 | authority of a physician or other person authorized to | ||||||||||||||||||||||||||||||
19 | prescribe the controlled substance when the controlled | ||||||||||||||||||||||||||||||
20 | substance is used in the prescribed manner. | ||||||||||||||||||||||||||||||
21 | "Adjudicated as a person with a mental disability" means | ||||||||||||||||||||||||||||||
22 | the person is the subject of a determination by a court, board, | ||||||||||||||||||||||||||||||
23 | commission or other lawful authority that the person, as a |
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| |||||||
1 | result of marked subnormal intelligence, or mental illness, | ||||||
2 | mental impairment, incompetency, condition, or disease: | ||||||
3 | (1) presents a clear and present danger to himself, | ||||||
4 | herself, or to others; | ||||||
5 | (2) lacks the mental capacity to manage his or her own | ||||||
6 | affairs or is adjudicated a person with a disability as | ||||||
7 | defined in Section 11a-2 of the Probate Act of 1975; | ||||||
8 | (3) is not guilty in a criminal case by reason of | ||||||
9 | insanity, mental disease or defect; | ||||||
10 | (3.5) is guilty but mentally ill, as provided in | ||||||
11 | Section 5-2-6 of the Unified Code of Corrections; | ||||||
12 | (4) is incompetent to stand trial in a criminal case; | ||||||
13 | (5) is not guilty by reason of lack of mental | ||||||
14 | responsibility under Articles 50a and 72b of the Uniform | ||||||
15 | Code of Military Justice, 10 U.S.C. 850a, 876b;
| ||||||
16 | (6) is a sexually violent person under subsection (f) | ||||||
17 | of Section 5 of the Sexually Violent Persons Commitment | ||||||
18 | Act; | ||||||
19 | (7) is a sexually dangerous person under the Sexually | ||||||
20 | Dangerous Persons Act; | ||||||
21 | (8) is unfit to stand trial under the Juvenile Court | ||||||
22 | Act of 1987; | ||||||
23 | (9) is not guilty by reason of insanity under the | ||||||
24 | Juvenile Court Act of 1987; | ||||||
25 | (10) is subject to involuntary admission as an | ||||||
26 | inpatient as defined in Section 1-119 of the Mental Health |
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| |||||||
1 | and Developmental Disabilities Code; | ||||||
2 | (11) is subject to involuntary admission as an | ||||||
3 | outpatient as defined in Section 1-119.1 of the Mental | ||||||
4 | Health and Developmental Disabilities Code; | ||||||
5 | (12) is subject to judicial admission as set forth in | ||||||
6 | Section 4-500 of the Mental Health and Developmental | ||||||
7 | Disabilities Code; or | ||||||
8 | (13) is subject to the provisions of the Interstate | ||||||
9 | Agreements on Sexually Dangerous Persons Act. | ||||||
10 | "Clear and present danger" means a person who: | ||||||
11 | (1) communicates a serious threat of physical violence | ||||||
12 | against a reasonably identifiable victim or poses a clear | ||||||
13 | and imminent risk of serious physical injury to himself, | ||||||
14 | herself, or another person as determined by a physician, | ||||||
15 | clinical psychologist, or qualified examiner; or | ||||||
16 | (2) demonstrates threatening physical or verbal | ||||||
17 | behavior, such as violent, suicidal, or assaultive | ||||||
18 | threats, actions, or other behavior, as determined by a | ||||||
19 | physician, clinical psychologist, qualified examiner, | ||||||
20 | school administrator, or law enforcement official. | ||||||
21 | "Clinical psychologist" has the meaning provided in | ||||||
22 | Section 1-103 of the Mental Health and Developmental | ||||||
23 | Disabilities Code. | ||||||
24 | "Controlled substance" means a controlled substance or | ||||||
25 | controlled substance analog as defined in the Illinois | ||||||
26 | Controlled Substances Act. |
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| |||||||
1 | "Counterfeit" means to copy or imitate, without legal | ||||||
2 | authority, with
intent
to deceive. | ||||||
3 | disability | ||||||
4 | This disability results in the professional opinion of a | ||||||
5 | physician, clinical psychologist, or qualified examiner, in | ||||||
6 | significant functional limitations in 3 or more of the | ||||||
7 | following areas of major life activity: | ||||||
8 | (i) self-care; | ||||||
9 | (ii) receptive and expressive language; | ||||||
10 | (iii) learning; | ||||||
11 | (iv) mobility; or | ||||||
12 | (v) self-direction. | ||||||
13 | "Federally licensed firearm dealer" means a person who is | ||||||
14 | licensed as a federal firearms dealer under Section 923 of the | ||||||
15 | federal Gun Control Act of 1968 (18 U.S.C. 923).
| ||||||
16 | "Firearm" means any device, by
whatever name known, which | ||||||
17 | is designed to expel a projectile or projectiles
by the action | ||||||
18 | of an explosion, expansion of gas or escape of gas; excluding,
| ||||||
19 | however:
| ||||||
20 | (1) any pneumatic gun, spring gun, paint ball gun, or | ||||||
21 | B-B gun which
expels a single globular projectile not | ||||||
22 | exceeding .18 inch in
diameter or which has a maximum | ||||||
23 | muzzle velocity of less than 700 feet
per second;
| ||||||
24 | (1.1) any pneumatic gun, spring gun, paint ball gun, or | ||||||
25 | B-B gun which expels breakable paint balls containing | ||||||
26 | washable marking colors;
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| |||||||
1 | (2) any device used exclusively for signalling or | ||||||
2 | safety and required or
recommended by the United States | ||||||
3 | Coast Guard or the Interstate Commerce
Commission;
| ||||||
4 | (3) any device used exclusively for the firing of stud | ||||||
5 | cartridges,
explosive rivets or similar industrial | ||||||
6 | ammunition; and
| ||||||
7 | (4) an antique firearm (other than a machine-gun) | ||||||
8 | which, although
designed as a weapon, the Department of | ||||||
9 | State Police finds by reason of
the date of its | ||||||
10 | manufacture, value, design, and other characteristics is
| ||||||
11 | primarily a collector's item and is not likely to be used | ||||||
12 | as a weapon.
| ||||||
13 | "Firearm ammunition" means any self-contained cartridge or | ||||||
14 | shotgun
shell, by whatever name known, which is designed to be | ||||||
15 | used or adaptable to
use in a firearm; excluding, however:
| ||||||
16 | (1) any ammunition exclusively designed for use with a | ||||||
17 | device used
exclusively for signalling or safety and | ||||||
18 | required or recommended by the
United States Coast Guard or | ||||||
19 | the Interstate Commerce Commission; and
| ||||||
20 | (2) any ammunition designed exclusively for use with a | ||||||
21 | stud or rivet
driver or other similar industrial | ||||||
22 | ammunition. | ||||||
23 | "Gun show" means an event or function: | ||||||
24 | (1) at which the sale and transfer of firearms is the | ||||||
25 | regular and normal course of business and where 50 or more | ||||||
26 | firearms are displayed, offered, or exhibited for sale, |
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| |||||||
1 | transfer, or exchange; or | ||||||
2 | (2) at which not less than 10 gun show vendors display, | ||||||
3 | offer, or exhibit for sale, sell, transfer, or exchange | ||||||
4 | firearms.
| ||||||
5 | "Gun show" includes the entire premises provided for an | ||||||
6 | event or function, including parking areas for the event or | ||||||
7 | function, that is sponsored to facilitate the purchase, sale, | ||||||
8 | transfer, or exchange of firearms as described in this Section.
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9 | Nothing in this definition shall be construed to exclude a gun | ||||||
10 | show held in conjunction with competitive shooting events at | ||||||
11 | the World Shooting Complex sanctioned by a national governing | ||||||
12 | body in which the sale or transfer of firearms is authorized | ||||||
13 | under subparagraph (5) of paragraph (g) of subsection (A) of | ||||||
14 | Section 24-3 of the Criminal Code of 2012. | ||||||
15 | Unless otherwise expressly stated, "gun show" does not | ||||||
16 | include training or safety classes, competitive shooting | ||||||
17 | events, such as rifle, shotgun, or handgun matches, trap, | ||||||
18 | skeet, or sporting clays shoots, dinners, banquets, raffles, or
| ||||||
19 | any other event where the sale or transfer of firearms is not | ||||||
20 | the primary course of business. | ||||||
21 | "Gun show promoter" means a person who organizes or | ||||||
22 | operates a gun show. | ||||||
23 | "Gun show vendor" means a person who exhibits, sells, | ||||||
24 | offers for sale, transfers, or exchanges any firearms at a gun | ||||||
25 | show, regardless of whether the person arranges with a gun show | ||||||
26 | promoter for a fixed location from which to exhibit, sell, |
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| |||||||
1 | offer for sale, transfer, or exchange any firearm. | ||||||
2 | "Gun violence restraining order" means an order, in | ||||||
3 | writing, signed by the court, prohibiting and enjoining a named | ||||||
4 | person from having in his or her custody or control, owning, | ||||||
5 | purchasing, possessing, or receiving any firearms or firearm | ||||||
6 | ammunition and ordering the seizure of the named person's | ||||||
7 | firearms, Firearm Owner's Identification Card and concealed | ||||||
8 | carry license, if any, during the duration of the order. | ||||||
9 | "Immediate family" means any
spouse, whether by marriage or | ||||||
10 | not, parent, child, any person related
by consanguinity or | ||||||
11 | affinity within the second degree, or any other
person who | ||||||
12 | regularly resides in the household, or who, within the
prior 6 | ||||||
13 | months, regularly resided in the household. | ||||||
14 | "Involuntarily admitted" has the meaning as prescribed in | ||||||
15 | Sections 1-119 and 1-119.1 of the Mental Health and | ||||||
16 | Developmental Disabilities Code. | ||||||
17 | "Mental health facility" means any licensed private | ||||||
18 | hospital or hospital affiliate, institution, or facility, or | ||||||
19 | part thereof, and any facility, or part thereof, operated by | ||||||
20 | the State or a political subdivision thereof which provide | ||||||
21 | treatment of persons with mental illness and includes all | ||||||
22 | hospitals, institutions, clinics, evaluation facilities, | ||||||
23 | mental health centers, colleges, universities, long-term care | ||||||
24 | facilities, and nursing homes, or parts thereof, which provide | ||||||
25 | treatment of persons with mental illness whether or not the | ||||||
26 | primary purpose is to provide treatment of persons with mental |
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| |||||||
1 | illness. | ||||||
2 | "National governing body" means a group of persons who | ||||||
3 | adopt rules and formulate policy on behalf of a national | ||||||
4 | firearm sporting organization. | ||||||
5 | "Patient" means: | ||||||
6 | (1) a person who voluntarily receives mental health | ||||||
7 | treatment as an in-patient or resident of any public or | ||||||
8 | private mental health facility, unless the treatment was | ||||||
9 | solely for an alcohol abuse disorder and no other secondary | ||||||
10 | substance abuse disorder or mental illness; or | ||||||
11 | (2) a person who voluntarily receives mental health | ||||||
12 | treatment as an out-patient or is provided services by a | ||||||
13 | public or private mental health facility, and who poses a | ||||||
14 | clear and present danger to himself, herself, or to others. | ||||||
15 | "Person with a developmental disability" means a person | ||||||
16 | with a disability which is attributable to any other condition | ||||||
17 | which results in impairment similar to that caused by an | ||||||
18 | intellectual disability and which requires services similar to | ||||||
19 | those required by persons with intellectual disabilities. The | ||||||
20 | disability must originate before the age of 18
years, be | ||||||
21 | expected to continue indefinitely, and constitute a | ||||||
22 | substantial disability. This disability results, in the | ||||||
23 | professional opinion of a physician, clinical psychologist, or | ||||||
24 | qualified examiner, in significant functional limitations in 3 | ||||||
25 | or more of the following areas of major life activity: | ||||||
26 | (i) self-care; |
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| |||||||
1 | (ii) receptive and expressive language; | ||||||
2 | (iii) learning; | ||||||
3 | (iv) mobility; or | ||||||
4 | (v) self-direction. | ||||||
5 | "Person with an intellectual disability" means a person | ||||||
6 | with a significantly subaverage general intellectual | ||||||
7 | functioning which exists concurrently with impairment in | ||||||
8 | adaptive behavior and which originates before the age of 18 | ||||||
9 | years. | ||||||
10 | "Physician" has the meaning as defined in Section 1-120 of | ||||||
11 | the Mental Health and Developmental Disabilities Code. | ||||||
12 | "Qualified examiner" has the meaning provided in Section | ||||||
13 | 1-122 of the Mental Health and Developmental Disabilities Code. | ||||||
14 | "Sanctioned competitive shooting event" means a shooting | ||||||
15 | contest officially recognized by a national or state shooting | ||||||
16 | sport association, and includes any sight-in or practice | ||||||
17 | conducted in conjunction with the event.
| ||||||
18 | "School administrator" means the person required to report | ||||||
19 | under the School Administrator Reporting of Mental Health Clear | ||||||
20 | and Present Danger Determinations Law. | ||||||
21 | "Stun gun or taser" has the meaning ascribed to it in | ||||||
22 | Section 24-1 of the Criminal Code of 2012. | ||||||
23 | (Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15; 99-143, | ||||||
24 | eff. 7-27-15; revised 10-20-15.)
| ||||||
25 | (430 ILCS 65/8) (from Ch. 38, par. 83-8)
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1 | Sec. 8. Grounds for denial and revocation. The Department | ||||||
2 | of State Police has authority to deny an
application for or to | ||||||
3 | revoke and seize a Firearm Owner's Identification
Card | ||||||
4 | previously issued under this Act only if the Department finds | ||||||
5 | that the
applicant or the person to whom such card was issued | ||||||
6 | is or was at the time
of issuance:
| ||||||
7 | (a) A person under 21 years of age who has been | ||||||
8 | convicted of a
misdemeanor other than a traffic offense or | ||||||
9 | adjudged delinquent;
| ||||||
10 | (b) A person under 21 years of age who does not have | ||||||
11 | the written consent
of his parent or guardian to acquire | ||||||
12 | and possess firearms and firearm
ammunition, or whose | ||||||
13 | parent or guardian has revoked such written consent,
or | ||||||
14 | where such parent or guardian does not qualify to have a | ||||||
15 | Firearm Owner's
Identification Card;
| ||||||
16 | (c) A person convicted of a felony under the laws of | ||||||
17 | this or any other
jurisdiction;
| ||||||
18 | (d) A person addicted to narcotics;
| ||||||
19 | (e) A person who has been a patient of a mental health | ||||||
20 | facility within the
past 5 years or a person who has been a | ||||||
21 | patient in a mental health facility more than 5 years ago | ||||||
22 | who has not received the certification required under | ||||||
23 | subsection (u) of this Section. An active law enforcement | ||||||
24 | officer employed by a unit of government who is denied, | ||||||
25 | revoked, or has his or her Firearm Owner's Identification | ||||||
26 | Card seized under this subsection (e) may obtain relief as |
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1 | described in subsection (c-5) of Section 10 of this Act if | ||||||
2 | the officer did not act in a manner threatening to the | ||||||
3 | officer, another person, or the public as determined by the | ||||||
4 | treating clinical psychologist or physician, and the | ||||||
5 | officer seeks mental health treatment;
| ||||||
6 | (f) A person whose mental condition is of such a nature | ||||||
7 | that it poses
a clear and present danger to the applicant, | ||||||
8 | any other person or persons or
the community;
| ||||||
9 | (g) A person who has an intellectual disability;
| ||||||
10 | (h) A person who intentionally makes a false statement | ||||||
11 | in the Firearm
Owner's Identification Card application;
| ||||||
12 | (i) An alien who is unlawfully present in
the United | ||||||
13 | States under the laws of the United States;
| ||||||
14 | (i-5) An alien who has been admitted to the United | ||||||
15 | States under a
non-immigrant visa (as that term is defined | ||||||
16 | in Section 101(a)(26) of the
Immigration and Nationality | ||||||
17 | Act (8 U.S.C. 1101(a)(26))), except that this
subsection | ||||||
18 | (i-5) does not apply to any alien who has been lawfully | ||||||
19 | admitted to
the United States under a non-immigrant visa if | ||||||
20 | that alien is:
| ||||||
21 | (1) admitted to the United States for lawful | ||||||
22 | hunting or sporting purposes;
| ||||||
23 | (2) an official representative of a foreign | ||||||
24 | government who is:
| ||||||
25 | (A) accredited to the United States Government | ||||||
26 | or the Government's
mission to an international |
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| |||||||
1 | organization having its headquarters in the United
| ||||||
2 | States; or
| ||||||
3 | (B) en route to or from another country to | ||||||
4 | which that alien is
accredited;
| ||||||
5 | (3) an official of a foreign government or | ||||||
6 | distinguished foreign visitor
who has been so | ||||||
7 | designated by the Department of State;
| ||||||
8 | (4) a foreign law enforcement officer of a friendly | ||||||
9 | foreign government
entering the United States on | ||||||
10 | official business; or
| ||||||
11 | (5) one who has received a waiver from the Attorney | ||||||
12 | General of the United
States pursuant to 18 U.S.C. | ||||||
13 | 922(y)(3);
| ||||||
14 | (j) (Blank);
| ||||||
15 | (k) A person who has been convicted within the past 5 | ||||||
16 | years of battery,
assault, aggravated assault, violation | ||||||
17 | of an order of protection, or a
substantially similar | ||||||
18 | offense in another jurisdiction, in which a firearm was
| ||||||
19 | used or possessed;
| ||||||
20 | (l) A person who has been convicted of domestic | ||||||
21 | battery, aggravated domestic battery, or a substantially
| ||||||
22 | similar offense in another jurisdiction committed before, | ||||||
23 | on or after January 1, 2012 (the effective date of Public | ||||||
24 | Act 97-158). If the applicant or person who has been | ||||||
25 | previously issued a Firearm Owner's Identification Card | ||||||
26 | under this Act knowingly and intelligently waives the right |
| |||||||
| |||||||
1 | to have an offense described in this paragraph (l) tried by | ||||||
2 | a jury, and by guilty plea or otherwise, results in a | ||||||
3 | conviction for an offense in which a domestic relationship | ||||||
4 | is not a required element of the offense but in which a | ||||||
5 | determination of the applicability of 18 U.S.C. 922(g)(9) | ||||||
6 | is made under Section 112A-11.1 of the Code of Criminal | ||||||
7 | Procedure of 1963, an entry by the court of a judgment of | ||||||
8 | conviction for that offense shall be grounds for denying an | ||||||
9 | application for and for revoking and seizing a Firearm | ||||||
10 | Owner's Identification Card previously issued to the | ||||||
11 | person under this Act;
| ||||||
12 | (m) (Blank);
| ||||||
13 | (n) A person who is prohibited from acquiring or | ||||||
14 | possessing
firearms or firearm ammunition by any Illinois | ||||||
15 | State statute or by federal
law;
| ||||||
16 | (o) A minor subject to a petition filed under Section | ||||||
17 | 5-520 of the
Juvenile Court Act of 1987 alleging that the | ||||||
18 | minor is a delinquent minor for
the commission of an | ||||||
19 | offense that if committed by an adult would be a felony;
| ||||||
20 | (p) An adult who had been adjudicated a delinquent | ||||||
21 | minor under the Juvenile
Court Act of 1987 for the | ||||||
22 | commission of an offense that if committed by an
adult | ||||||
23 | would be a felony;
| ||||||
24 | (q) A person who is not a resident of the State of | ||||||
25 | Illinois, except as provided in subsection (a-10) of | ||||||
26 | Section 4; |
| |||||||
| |||||||
1 | (r) A person who has been adjudicated as a person with | ||||||
2 | a mental disability; | ||||||
3 | (s) A person who has been found to have a developmental | ||||||
4 | disability; | ||||||
5 | (t) A person involuntarily admitted into a mental | ||||||
6 | health facility; or | ||||||
7 | (u) A person who has had his or her Firearm Owner's | ||||||
8 | Identification Card revoked or denied under subsection (e) | ||||||
9 | of this Section or item (iv) of paragraph (2) of subsection | ||||||
10 | (a) of Section 4 of this Act because he or she was a | ||||||
11 | patient in a mental health facility as provided in | ||||||
12 | subsection (e) of this Section, shall not be permitted to | ||||||
13 | obtain a Firearm Owner's Identification Card, after the | ||||||
14 | 5-year period has lapsed, unless he or she has received a | ||||||
15 | mental health evaluation by a physician, clinical | ||||||
16 | psychologist, or qualified examiner as those terms are | ||||||
17 | defined in the Mental Health and Developmental | ||||||
18 | Disabilities Code, and has received a certification that he | ||||||
19 | or she is not a clear and present danger to himself, | ||||||
20 | herself, or others. The physician, clinical psychologist, | ||||||
21 | or qualified examiner making the certification and his or | ||||||
22 | her employer shall not be held criminally, civilly, or | ||||||
23 | professionally liable for making or not making the | ||||||
24 | certification required under this subsection, except for | ||||||
25 | willful or wanton misconduct. This subsection does not | ||||||
26 | apply to a person whose firearm possession rights have been |
| |||||||
| |||||||
1 | restored through administrative or judicial action under | ||||||
2 | Section 10 or 11 of this Act ; or | ||||||
3 | (v) A person who is subject to a gun violence | ||||||
4 | restraining order issued under Section 8.3 of this Act | ||||||
5 | during the duration of the order . | ||||||
6 | Upon revocation of a person's Firearm Owner's | ||||||
7 | Identification Card, the Department of State Police shall | ||||||
8 | provide notice to the person and the person shall comply with | ||||||
9 | Section 9.5 of this Act. | ||||||
10 | (Source: P.A. 98-63, eff. 7-9-13; 98-508, eff. 8-19-13; 98-756, | ||||||
11 | eff. 7-16-14; 99-143, eff. 7-27-15.)
| ||||||
12 | (430 ILCS 65/8.3 new) | ||||||
13 | Sec. 8.3. Gun violence restraining order. | ||||||
14 | (a) The Supreme Court may prescribe the form of the | ||||||
15 | petitions and orders and any other documents, and may adopt any | ||||||
16 | rules of court, necessary to implement this Section. | ||||||
17 | (b) An immediate family member of a person or a law | ||||||
18 | enforcement officer may file a petition requesting that the | ||||||
19 | court issue either a plenary or ex parte gun violence | ||||||
20 | restraining order enjoining the subject of the petition from | ||||||
21 | having in his or her custody or control, owning, purchasing, | ||||||
22 | possessing, or receiving a firearm or firearm ammunition. A | ||||||
23 | petition for a gun violence restraining order shall describe | ||||||
24 | the number, types, and locations of any firearms and firearm | ||||||
25 | ammunition presently believed by the petitioner to be possessed |
| |||||||
| |||||||
1 | or controlled by the subject of the petition. Prior to a | ||||||
2 | hearing on the issuance, renewal, or termination of an order | ||||||
3 | under this Section, the court shall ensure that a search of | ||||||
4 | LEADS and other law enforcement databases is conducted of any | ||||||
5 | conviction information of the respondent for a forcible felony; | ||||||
6 | any misdemeanor conviction involving domestic violence, | ||||||
7 | weapons, or other violence; any outstanding warrant; parole, | ||||||
8 | mandatory supervised release, aftercare release, probation, or | ||||||
9 | conditional discharge status; any prior restraining order; and | ||||||
10 | any violation of a prior restraining order. After issuing its | ||||||
11 | ruling, the court shall provide the advisement to the parties | ||||||
12 | that the information obtained from the search conducted under | ||||||
13 | this subsection (b) is confidential and may be released only to | ||||||
14 | the parties and their counsels, and court personnel. The court | ||||||
15 | shall keep information obtained from a search conducted under | ||||||
16 | this subsection (b) confidential in accordance with this | ||||||
17 | subsection (b). The court shall notify the Department of State | ||||||
18 | Police when a gun violence restraining order has been issued or | ||||||
19 | renewed under this Section no later than one court day after | ||||||
20 | issuing or renewing the order. | ||||||
21 | (c) A court may issue a gun violence restraining order if | ||||||
22 | the petition, supported by an affidavit made in writing and | ||||||
23 | signed by the petitioner under oath, or an oral statement, and | ||||||
24 | any additional information provided to the court that shows | ||||||
25 | that there is a substantial likelihood that both of the | ||||||
26 | following are true: |
| |||||||
| |||||||
1 | (1) the subject of the petition poses a clear and | ||||||
2 | present danger of personal injury to himself, herself, or | ||||||
3 | another by having in his or her custody or control, owning, | ||||||
4 | purchasing, possessing, or receiving a firearm as | ||||||
5 | determined by considering the factors listed in subsection | ||||||
6 | (f) of this Section; and | ||||||
7 | (2) a gun violence restraining order is necessary to | ||||||
8 | prevent personal injury to the subject of the petition or | ||||||
9 | another because less restrictive alternatives either have | ||||||
10 | been tried and found to be ineffective, or are inadequate | ||||||
11 | or inappropriate for the circumstances of the subject of | ||||||
12 | the petition. | ||||||
13 | (d) An affidavit supporting a petition for the issuance of | ||||||
14 | a gun violence restraining order shall set forth the facts | ||||||
15 | tending to establish the grounds of the petition, or the reason | ||||||
16 | for believing that they exist. | ||||||
17 | (e) If the court determines that the petitioner, | ||||||
18 | respondent, or another person is in imminent danger of death or | ||||||
19 | great bodily harm because of an act of the respondent, the | ||||||
20 | court may issue an ex parte gun violence restraining order | ||||||
21 | without notice and hearing. An ex parte order under this | ||||||
22 | subsection (e) shall be issued or denied on the same day that | ||||||
23 | the petition is submitted to the court, unless the petition is | ||||||
24 | filed too late in the day to permit effective review, in which | ||||||
25 | case the order shall be issued or denied on the next day of | ||||||
26 | judicial business in sufficient time for the order to be filed |
| |||||||
| |||||||
1 | that day with the clerk of the court. The court, before issuing | ||||||
2 | an ex parte gun violence restraining order, shall examine on | ||||||
3 | oath, the petitioner and any witness the petitioner may | ||||||
4 | produce.
In lieu of examining the petitioner and any witness | ||||||
5 | the petitioner may produce, the court may require the | ||||||
6 | petitioner and any witness to submit a written affidavit signed | ||||||
7 | under oath. | ||||||
8 | (f) In determining whether grounds for a gun violence | ||||||
9 | restraining order exist, the court shall consider all evidence | ||||||
10 | of the following: | ||||||
11 | (1) a recent threat of violence or act of violence by | ||||||
12 | the subject of the petition directed toward another; | ||||||
13 | (2) a recent threat of violence or act of violence by | ||||||
14 | the subject of the petition directed toward himself or | ||||||
15 | herself; | ||||||
16 | (3) a violation of an emergency order of protection | ||||||
17 | issued under Section 112A-17 of the Code of Criminal | ||||||
18 | Procedure of 1963 or under Section 217 of the Illinois | ||||||
19 | Domestic Violence Act of 1986 that is in effect at the time | ||||||
20 | the court is considering the petition; | ||||||
21 | (4) a recent violation of an unexpired order of | ||||||
22 | protection issued under Section 112A-14, 112A-18, or | ||||||
23 | 112A-19 of the Code of Criminal Procedure of 1963 or under | ||||||
24 | Section 214, 218, or 219 of the Illinois Domestic Violence | ||||||
25 | Act of 1986, a stalking no contact order issued under | ||||||
26 | Section 80, 95, or 100 of the Stalking No Contact Order |
| |||||||
| |||||||
1 | Act, or a civil no contact order issued under Section 213, | ||||||
2 | 214, or 215 of the Civil No Contact Order Act; | ||||||
3 | (5) a conviction for any offense listed in Article 24 | ||||||
4 | of the Criminal Code of 2012; | ||||||
5 | (6) a pattern of violent acts or violent threats within | ||||||
6 | the past 12 months, including, but not limited to, threats | ||||||
7 | of violence or acts of violence by the subject of the | ||||||
8 | petition directed toward himself, herself, or another.
In | ||||||
9 | determining whether grounds for a gun violence restraining | ||||||
10 | order exist, the court may consider any other evidence of | ||||||
11 | an increased risk for violence, including, but not limited | ||||||
12 | to, evidence of any of the following: | ||||||
13 | (i) the unlawful and reckless use, display, or | ||||||
14 | brandishing of a firearm by the subject of the | ||||||
15 | petition; | ||||||
16 | (ii) the history of use, attempted use, or | ||||||
17 | threatened use of physical force by the subject of the | ||||||
18 | petition against another person; | ||||||
19 | (iii) any prior arrest of the subject of the | ||||||
20 | petition for a felony offense; | ||||||
21 | (iv) any history of a violation by the subject of | ||||||
22 | the petition of an emergency
order of protection issued | ||||||
23 | under Section 112A-17 of the Code of Criminal Procedure | ||||||
24 | of 1963 or under Section 217 of the Illinois Domestic | ||||||
25 | Violence Act of 1986 that is in effect at the time the | ||||||
26 | court is considering the petition; |
| |||||||
| |||||||
1 | (v) any history of a violation by the subject of | ||||||
2 | the petition of a
order of protection issued under | ||||||
3 | Section 112A-14, 112A-18, or 112A-19 of the Code of | ||||||
4 | Criminal Procedure of 1963 or under Section 214, 218, | ||||||
5 | or 219 of the Illinois Domestic Violence Act of 1986, a | ||||||
6 | stalking no contact order issued under Section 80, 95, | ||||||
7 | or 100 of the Stalking No Contact Order Act, or a civil | ||||||
8 | no contact order issued under Section 213, 214, or 215 | ||||||
9 | of the Civil No Contact Order Act; | ||||||
10 | (vi) documentary evidence, including, but not | ||||||
11 | limited to, police reports and records of convictions, | ||||||
12 | of either recent criminal offenses by the subject of | ||||||
13 | the petition that involve controlled substances or | ||||||
14 | alcohol or ongoing abuse of controlled substances or | ||||||
15 | alcohol by the subject of the petition; or | ||||||
16 | (vii) evidence of recent acquisition of firearms, | ||||||
17 | ammunition, or other deadly weapons.
As used in this | ||||||
18 | item (vii), "recent" means within the 6 months prior to | ||||||
19 | the date the petition was filed. | ||||||
20 | (g) If the court determines that there are grounds to issue | ||||||
21 | an ex parte gun violence restraining order, it shall issue an | ||||||
22 | ex parte gun violence restraining order that prohibits the | ||||||
23 | subject of the petition from having in his or her custody or | ||||||
24 | control, owning, purchasing, possessing, or receiving, or | ||||||
25 | attempting to purchase or receive, a firearm or ammunition, and | ||||||
26 | expires no later than 21 days from the date of the order.
The |
| |||||||
| |||||||
1 | order shall also require that the Department of State Police | ||||||
2 | seize the respondent's firearms and Firearm Owner's | ||||||
3 | Identification Card and concealed carry license, if | ||||||
4 | applicable. The respondent's firearms, Firearm Owner's | ||||||
5 | Identification Card and concealed carry license, if applicable | ||||||
6 | shall be returned to the respondent upon expiration of the | ||||||
7 | order. | ||||||
8 | (h) A gun violence restraining order issued under this | ||||||
9 | Section shall include all of the following: | ||||||
10 | (1) a statement of the grounds supporting the issuance | ||||||
11 | of the order; | ||||||
12 | (2) the date and time the order expires; | ||||||
13 | (3) the address of the circuit court in which any | ||||||
14 | responsive pleading should be filed; | ||||||
15 | (4) the date and time of the scheduled hearing; and | ||||||
16 | (5) the following statement: | ||||||
17 | "To the restrained person: This order will last | ||||||
18 | until .... (the date and time noted in the order). If | ||||||
19 | you have not done so already, you must surrender all | ||||||
20 | firearms and firearm ammunition that you own or possess | ||||||
21 | and your Firearm Owner's Identification Card and | ||||||
22 | concealed carry license if one has been issued to you | ||||||
23 | in accordance with Section 8.3 of the Firearm Owners | ||||||
24 | Identification Card Act. You may not have in your | ||||||
25 | custody or control, own, purchase, possess, or | ||||||
26 | receive, or attempt to purchase or receive a firearm or |
| |||||||
| |||||||
1 | firearm ammunition, while this order is in effect. | ||||||
2 | Under Section 8.3 of the Firearm Owners Identification | ||||||
3 | Card Act, you have the right to request one hearing to | ||||||
4 | terminate this order at any time during its effective | ||||||
5 | period. You may seek the advice of an attorney as to | ||||||
6 | any matter connected with the order." | ||||||
7 | (i) (1) A gun violence restraining order shall be | ||||||
8 | personally served on the restrained person by a person | ||||||
9 | authorized to serve process under Section 2-202 of the Code of | ||||||
10 | Civil Procedure, if the restrained person can reasonably be | ||||||
11 | located. | ||||||
12 | (2) When serving an ex parte gun violence restraining | ||||||
13 | order, a law enforcement officer shall inform the restrained | ||||||
14 | person of the hearing scheduled under this Section. Within 21 | ||||||
15 | days after the date on the order, before the court that issued | ||||||
16 | the order or another court in the same circuit, the court shall | ||||||
17 | hold a hearing under this Section to determine if a gun | ||||||
18 | violence restraining order should be issued under this Section. | ||||||
19 | (j) When the court issues a plenary gun violence | ||||||
20 | restraining order under this Section, the court shall inform | ||||||
21 | the restrained person that he or she is entitled to one hearing | ||||||
22 | to request a termination of the order under this Section, and | ||||||
23 | shall provide the restrained person with a form to request a | ||||||
24 | hearing. | ||||||
25 | (k) A person subject to a gun violence restraining order | ||||||
26 | issued under this Section may submit one written request at any |
| |||||||
| |||||||
1 | time during the effective period of the order for a hearing to | ||||||
2 | terminate the order. | ||||||
3 | (l) If the court finds after the hearing that there is no | ||||||
4 | longer clear and convincing evidence to believe that paragraphs | ||||||
5 | (1) and (2) of subsection (c) of this Section are true, the | ||||||
6 | court shall terminate the order. | ||||||
7 | (m) An immediate family member of a restrained person or a | ||||||
8 | law enforcement officer may request a renewal of a gun violence | ||||||
9 | restraining order at any time within the 3 months before the | ||||||
10 | expiration of a gun violence restraining order. | ||||||
11 | (n) A court may, after notice and a hearing, renew a gun | ||||||
12 | violence restraining order issued under this Section if the | ||||||
13 | petitioner proves, by clear and convincing evidence, that | ||||||
14 | paragraphs (1) and (2) of subsection (c) of this Section | ||||||
15 | continue to be true. | ||||||
16 | (o) In determining whether to renew a gun violence | ||||||
17 | restraining order issued under this Section, the court shall | ||||||
18 | consider evidence of the facts identified in subsection (f) of | ||||||
19 | this Section. | ||||||
20 | (p) At the hearing, the petitioner shall have the burden of | ||||||
21 | proving, by clear and convincing evidence, that paragraphs (1) | ||||||
22 | and (2) of subsection (c) of this Section are true. | ||||||
23 | (q) If the renewal petition is supported by clear and | ||||||
24 | convincing evidence, the court shall renew the gun violence | ||||||
25 | restraining order issued under this Section. | ||||||
26 | (r) The renewal of a gun violence restraining order issued |
| |||||||
| |||||||
1 | under this Section shall have a duration of one year, subject | ||||||
2 | to termination by further order of the court at a hearing held | ||||||
3 | under this Section and further renewal by further order of the | ||||||
4 | court under this Section. | ||||||
5 | (s) A gun violence restraining order renewed under this | ||||||
6 | Section shall include the information identified in subsection | ||||||
7 | (f) of this Section. Any hearing held under this Section may be | ||||||
8 | continued upon a showing of good cause. Any existing order | ||||||
9 | issued under this Section shall remain in full force and effect | ||||||
10 | during the period of continuance. | ||||||
11 | (t) If a person subject to a gun violence restraining order | ||||||
12 | issued or renewed under this Section was not present in court | ||||||
13 | at the time the order was issued or renewed, the gun violence | ||||||
14 | restraining order shall be personally served on the restrained | ||||||
15 | person by a person authorized to serve process under Section | ||||||
16 | 2-202 of the Code of Civil Procedure, if the restrained person | ||||||
17 | can reasonably be located. | ||||||
18 | (u) Nothing in this Section shall be interpreted to require | ||||||
19 | a law enforcement agency or a law enforcement officer to seek a | ||||||
20 | gun violence restraining order in any case, including, but not | ||||||
21 | limited to, in a case in which the agency or officer concludes, | ||||||
22 | after investigation, that the criteria for issuance of a gun | ||||||
23 | violence restraining order are not satisfied.
| ||||||
24 | Section 10. The Firearm Concealed Carry Act is amended by | ||||||
25 | changing Section 70 as follows: |
| |||||||
| |||||||
1 | (430 ILCS 66/70)
| ||||||
2 | Sec. 70. Violations. | ||||||
3 | (a) A license issued or renewed under this Act shall be | ||||||
4 | revoked if, at any time, the licensee is found to be ineligible | ||||||
5 | for a license under this Act or the licensee no longer meets | ||||||
6 | the eligibility requirements of the Firearm Owners | ||||||
7 | Identification Card Act. | ||||||
8 | (b) A license shall be suspended if an order of protection, | ||||||
9 | including an emergency order of protection, plenary order of | ||||||
10 | protection, or interim order of protection under Article 112A | ||||||
11 | of the Code of Criminal Procedure of 1963 or under the Illinois | ||||||
12 | Domestic Violence Act of 1986, is issued against a licensee for | ||||||
13 | the duration of the order, or if the Department is made aware | ||||||
14 | of a similar order issued against the licensee in any other | ||||||
15 | jurisdiction. If an order of protection is issued against a | ||||||
16 | licensee, the licensee shall surrender the license, as | ||||||
17 | applicable, to the court at the time the order is entered or to | ||||||
18 | the law enforcement agency or entity serving process at the | ||||||
19 | time the licensee is served the order. The court, law | ||||||
20 | enforcement agency, or entity responsible for serving the order | ||||||
21 | of protection shall notify the Department within 7 days and | ||||||
22 | transmit the license to the Department. | ||||||
23 | (c) A license is invalid upon expiration of the license, | ||||||
24 | unless the licensee has submitted an application to renew the | ||||||
25 | license, and the applicant is otherwise eligible to possess a |
| |||||||
| |||||||
1 | license under this Act. | ||||||
2 | (d) A licensee shall not carry a concealed firearm while | ||||||
3 | under the influence of alcohol, other drug or drugs, | ||||||
4 | intoxicating compound or combination of compounds, or any | ||||||
5 | combination thereof, under the standards set forth in | ||||||
6 | subsection (a) of Section 11-501 of the Illinois Vehicle Code. | ||||||
7 | A licensee in violation of this subsection (d) shall be | ||||||
8 | guilty of a Class A misdemeanor for a first or second violation | ||||||
9 | and a Class 4 felony for a third violation. The Department may | ||||||
10 | suspend a license for up to 6 months for a second violation and | ||||||
11 | shall permanently revoke a license for a third violation. | ||||||
12 | (e) Except as otherwise provided, a licensee in violation | ||||||
13 | of this Act shall be guilty of a Class B misdemeanor. A second | ||||||
14 | or subsequent violation is a Class A misdemeanor. The | ||||||
15 | Department may suspend a license for up to 6 months for a | ||||||
16 | second violation and shall permanently revoke a license for 3 | ||||||
17 | or more violations of Section 65 of this Act. Any person | ||||||
18 | convicted of a violation under this Section shall pay a $150 | ||||||
19 | fee to be deposited into the Mental Health Reporting Fund, plus | ||||||
20 | any applicable court costs or fees. | ||||||
21 | (f) A licensee convicted or found guilty of a violation of | ||||||
22 | this Act who has a valid license and is otherwise eligible to | ||||||
23 | carry a concealed firearm shall only be subject to the | ||||||
24 | penalties under this Section and shall not be subject to the | ||||||
25 | penalties under Section 21-6, paragraph (4), (8), or (10) of | ||||||
26 | subsection (a) of Section 24-1, or subparagraph (A-5) or (B-5) |
| |||||||
| |||||||
1 | of paragraph (3) of subsection (a) of Section 24-1.6 of the | ||||||
2 | Criminal Code of 2012. Except as otherwise provided in this | ||||||
3 | subsection, nothing in this subsection prohibits the licensee | ||||||
4 | from being subjected to penalties for violations other than | ||||||
5 | those specified in this Act. | ||||||
6 | (g) A licensee whose license is revoked, suspended, or | ||||||
7 | denied shall, within 48 hours of receiving notice of the | ||||||
8 | revocation, suspension, or denial, surrender his or her | ||||||
9 | concealed carry license to the local law enforcement agency | ||||||
10 | where the person resides. The local law enforcement agency | ||||||
11 | shall provide the licensee a receipt and transmit the concealed | ||||||
12 | carry license to the Department of State Police. If the | ||||||
13 | licensee whose concealed carry license has been revoked, | ||||||
14 | suspended, or denied fails to comply with the requirements of | ||||||
15 | this subsection, the law enforcement agency where the person | ||||||
16 | resides may petition the circuit court to issue a warrant to | ||||||
17 | search for and seize the concealed carry license in the | ||||||
18 | possession and under the custody or control of the licensee | ||||||
19 | whose concealed carry license has been revoked, suspended, or | ||||||
20 | denied. The observation of a concealed carry license in the | ||||||
21 | possession of a person whose license has been revoked, | ||||||
22 | suspended, or denied constitutes a sufficient basis for the | ||||||
23 | arrest of that person for violation of this subsection. A | ||||||
24 | violation of this subsection is a Class A misdemeanor. | ||||||
25 | (h) A license issued or renewed under this Act shall be | ||||||
26 | revoked if, at any time, the licensee is found ineligible for a |
| |||||||
| |||||||
1 | Firearm Owner's Identification Card, or the licensee no longer | ||||||
2 | possesses a valid Firearm Owner's Identification Card. A | ||||||
3 | licensee whose license is revoked under this subsection (h) | ||||||
4 | shall surrender his or her concealed carry license as provided | ||||||
5 | for in subsection (g) of this Section. | ||||||
6 | This subsection shall not apply to a person who has filed | ||||||
7 | an application with the State Police for renewal of a Firearm
| ||||||
8 | Owner's Identification Card and who is not otherwise ineligible | ||||||
9 | to obtain a Firearm Owner's Identification Card.
| ||||||
10 | (i) A certified firearms instructor who knowingly provides | ||||||
11 | or offers to provide a false certification that an applicant | ||||||
12 | has completed firearms training as required under this Act is | ||||||
13 | guilty of a Class A misdemeanor. A person guilty of a violation | ||||||
14 | of this subsection (i) is not eligible for court supervision. | ||||||
15 | The Department shall permanently revoke the firearms | ||||||
16 | instructor certification of a person convicted under this | ||||||
17 | subsection (i). | ||||||
18 | (j) A person who is subject to a gun violence restraining | ||||||
19 | order shall surrender his or her concealed carry license to the | ||||||
20 | Department of State Police. The person's license shall be | ||||||
21 | suspended during the duration of the order. | ||||||
22 | (Source: P.A. 98-63, eff. 7-9-13; 98-756, eff. 7-16-14; 98-899, | ||||||
23 | eff. 8-15-14.)
|