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Full Text of HB2354  100th General Assembly

HB2354enr 100TH GENERAL ASSEMBLY

  
  
  

 


 
HB2354 EnrolledLRB100 05908 RLC 15934 b

1    AN ACT concerning orders of protection.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the
5Firearms Restraining Order Act.
 
6    Section 5. Definitions. As used in this Act:
7    "Family member of the respondent" means a spouse, parent,
8child, or step-child of the respondent, any other person
9related by blood or present marriage to the respondent, or a
10person who shares a common dwelling with the respondent.
11    "Firearms restraining order" means an order issued by the
12court, prohibiting and enjoining a named person from having in
13his or her custody or control, purchasing, possessing, or
14receiving any firearms.
15    "Intimate partner" means a spouse, former spouse, a person
16with whom the respondent has or allegedly has a child in
17common, or a person with whom the respondent has or has had a
18dating or engagement relationship.
19    "Petitioner" means:
20        (1) a family member of the respondent as defined in
21    this Act; or
22        (2) a law enforcement officer, who files a petition
23    alleging that the respondent poses a danger of causing

 

 

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1    personal injury to himself, herself, or another by having
2    in his or her custody or control, purchasing, possessing,
3    or receiving a firearm.
4    "Respondent" means the person alleged in the petition to
5pose a danger of causing personal injury to himself, herself,
6or another by having in his or her custody or control,
7purchasing, possessing, or receiving a firearm.
 
8    Section 10. Commencement of action; procedure.
9    (a) Actions for a firearms restraining order are commenced
10by filing a verified petition for a firearms restraining order
11in any circuit court.
12    (b) A petition for a firearms restraining order may be
13filed in any county where the respondent resides.
14    (c) No fee shall be charged by the clerk for filing,
15amending, vacating, certifying, or photocopying petitions or
16orders; or for issuing alias summons; or for any related filing
17service. No fee shall be charged by the sheriff or other law
18enforcement for service by the sheriff or other law enforcement
19of a petition, rule, motion, or order in an action commenced
20under this Section.
21    (d) The court shall provide, through the office of the
22clerk of the court, simplified forms and clerical assistance to
23help with the writing and filing of a petition under this
24Section by any person not represented by counsel. In addition,
25that assistance may be provided by the State's Attorney.
 

 

 

HB2354 Enrolled- 3 -LRB100 05908 RLC 15934 b

1    Section 15. Subject matter jurisdiction. Each of the
2circuit courts shall have the power to issue firearms
3restraining orders.
 
4    Section 20. Jurisdiction over persons. The circuit courts
5of this State have jurisdiction to bind (1) State residents and
6(2) non-residents having minimum contacts with this State, to
7the extent permitted by Section 2-209 of the Code of Civil
8Procedure.
 
9    Section 25. Process. The summons shall be in the form
10prescribed by Supreme Court Rule 101(d), except that it shall
11require respondent to answer or appear within 7 days.
12Attachments to the summons or notice shall include the petition
13for the firearms restraining order and supporting affidavits,
14if any, and any emergency firearms restraining order that has
15been issued. The enforcement of an order under Section 35 shall
16not be affected by the lack of service, delivery, or notice,
17provided the requirements of subsection (f) of that Section are
18otherwise met.
 
19    Section 30. Service of notice of hearings. Service of
20notice of hearings. Except as provided in Section 25, notice of
21hearings on petitions or motions shall be served in accordance
22with Supreme Court Rules 11 and 12, unless notice is excused by

 

 

HB2354 Enrolled- 4 -LRB100 05908 RLC 15934 b

1Section 35 of this Act, or by the Code of Civil Procedure,
2Supreme Court Rules, or local rules.
 
3    Section 35. Ex parte orders and emergency hearings.
4    (a) A petitioner may request an emergency firearms
5restraining order by filing an affidavit or verified pleading
6alleging that the respondent poses an immediate and present
7danger of causing personal injury to himself, herself, or
8another by having in his or her custody or control, purchasing,
9possessing, or receiving a firearm. The petition shall also
10describe the type and location of any firearm or firearms
11presently believed by the petitioner to be possessed or
12controlled by the respondent.
13    (b) If the respondent is alleged to pose an immediate and
14present danger of causing personal injury to an intimate
15partner, or an intimate partner is alleged to have been the
16target of a threat or act of violence by the respondent,
17petitioner shall make a good faith effort to provide notice to
18any and all intimate partners of the respondent. The notice
19must include that the petitioner intends to petition the court
20for an emergency firearms restraining order, and, if petitioner
21is a law enforcement officer, referral to relevant domestic
22violence or stalking advocacy or counseling resources, if
23appropriate. Petitioner shall attest to having provided the
24notice in the filed affidavit or verified pleading. If after
25making a good faith effort petitioner is unable to provide

 

 

HB2354 Enrolled- 5 -LRB100 05908 RLC 15934 b

1notice to any or all intimate partners, the affidavit or
2verified pleading should describe what efforts were made.
3    (c) Every person who files a petition for an emergency
4firearms restraining order, knowing the information provided
5to the court at any hearing or in the affidavit or verified
6pleading to be false, is guilty of perjury under Section 32-2
7of the Criminal Code of 2012.
8    (d) An emergency firearms restraining order shall be issued
9on an ex parte basis, that is, without notice to the
10respondent.
11    (e) An emergency hearing held on an ex parte basis shall be
12held the same day that the petition is filed or the next day
13that the court is in session.
14    (f) If a circuit or associate judge finds probable cause to
15believe that the respondent poses an immediate and present
16danger of causing personal injury to himself, herself, or
17another by having in his or her custody or control, purchasing,
18possessing, or receiving a firearm the circuit or associate
19judge shall issue an emergency order.
20    (f-5) If the court issues an emergency firearms restraining
21order, it shall, upon a finding of probable cause that the
22respondent possesses firearms, issue a search warrant
23directing a law enforcement agency to seize the respondent's
24firearms. The court may, as part of that warrant, direct the
25law enforcement agency to search the respondent's residence and
26other places where the court finds there is probable cause to

 

 

HB2354 Enrolled- 6 -LRB100 05908 RLC 15934 b

1believe he or she is likely to possess the firearms.
2    (g) An emergency firearms restraining order shall require:
3        (1) the respondent to refrain from having in his or her
4    custody or control, purchasing, possessing, or receiving
5    additional firearms for the duration of the order; and
6        (2) the respondent to turn over to the local law
7    enforcement agency any Firearm Owner's Identification Card
8    and concealed carry license in his or her possession. The
9    local law enforcement agency shall immediately mail the
10    card and concealed carry license to the Department of State
11    Police Firearm Services Bureau for safekeeping. The
12    firearm or firearms and Firearm Owner's Identification
13    Card and concealed carry license, if unexpired, shall be
14    returned to the respondent after the firearms restraining
15    order is terminated or expired.
16    (h) Except as otherwise provided in subsection (h-5) of
17this Section, upon expiration of the period of safekeeping, if
18the firearms or Firearm Owner's Identification Card and
19concealed carry license cannot be returned to respondent
20because respondent cannot be located, fails to respond to
21requests to retrieve the firearms, or is not lawfully eligible
22to possess a firearm, upon petition from the local law
23enforcement agency, the court may order the local law
24enforcement agency to destroy the firearms, use the firearms
25for training purposes, or for any other application as deemed
26appropriate by the local law enforcement agency.

 

 

HB2354 Enrolled- 7 -LRB100 05908 RLC 15934 b

1    (h-5) A respondent whose Firearm Owner's Identification
2Card has been revoked or suspended may petition the court, if
3the petitioner is present in court or has notice of the
4respondent's petition, to transfer the respondent's firearm to
5a person who is lawfully able to possess the firearm if the
6person does not reside at the same address as the respondent.
7Notice of the petition shall be served upon the person
8protected by the emergency firearms restraining order. While
9the order is in effect, the transferee who receives
10respondent's firearms must swear or affirm by affidavit that he
11or she shall not transfer the firearm to the respondent or to
12anyone residing in the same residence as the respondent.
13    (h-6) If a person other than the respondent claims title to
14any firearms surrendered under this Section, he or she may
15petition the court, if the petitioner is present in court or
16has notice of the petition, to have the firearm returned to him
17or her. If the court determines that person to be the lawful
18owner of the firearm, the firearm shall be returned to him or
19her, provided that:
20        (1) the firearm is removed from the respondent's
21    custody, control, or possession and the lawful owner agrees
22    to store the firearm in a manner such that the respondent
23    does not have access to or control of the firearm; and
24        (2) the firearm is not otherwise unlawfully possessed
25    by the owner.
26    The person petitioning for the return of his or her firearm

 

 

HB2354 Enrolled- 8 -LRB100 05908 RLC 15934 b

1must swear or affirm by affidavit that he or she: (i) is the
2lawful owner of the firearm; (ii) shall not transfer the
3firearm to the respondent; and (iii) will store the firearm in
4a manner that the respondent does not have access to or control
5of the firearm.
6    (i) In accordance with subsection (e) of this Section, the
7court shall schedule a full hearing as soon as possible, but no
8longer than 14 days from the issuance of an ex parte firearms
9restraining order, to determine if a 6-month firearms
10restraining order shall be issued. The court may extend an ex
11parte order as needed, but not to exceed 14 days, to effectuate
12service of the order or if necessary to continue protection.
13The court may extend the order for a greater length of time by
14mutual agreement of the parties.
 
15    Section 40. Six month orders.
16    (a) A petitioner may request a 6-month firearms restraining
17order by filing an affidavit or verified pleading alleging that
18the respondent poses a significant danger of causing personal
19injury to himself, herself, or another in the near future by
20having in his or her custody or control, purchasing,
21possessing, or receiving a firearm. The petition shall also
22describe the number, types, and locations of any firearms
23presently believed by the petitioner to be possessed or
24controlled by the respondent.
25    (b) If the respondent is alleged to pose a significant

 

 

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1danger of causing personal injury to an intimate partner, or an
2intimate partner is alleged to have been the target of a threat
3or act of violence by the respondent, petitioner shall make a
4good faith effort to provide notice to any and all intimate
5partners of the respondent. The notice must include that the
6petitioner intends to petition the court for a 6-month firearms
7restraining order, and, if petitioner is a law enforcement
8officer, referral to relevant domestic violence or stalking
9advocacy or counseling resources, if appropriate. Petitioner
10shall attest to having provided the notice in the filed
11affidavit or verified pleading. If after making a good faith
12effort petitioner is unable to provide notice to any or all
13intimate partners, the affidavit or verified pleading should
14describe what efforts were made.
15    (c) Every person who files a petition for a 6-month
16firearms restraining order, knowing the information provided
17to the court at any hearing or in the affidavit or verified
18pleading to be false, is guilty of perjury under Section 32-2
19of the Criminal Code of 2012.
20    (d) Upon receipt of a petition for a 6-month firearms
21restraining order, the court shall order a hearing within 30
22days.
23    (e) In determining whether to issue a firearms restraining
24order under this Section, the court shall consider evidence
25including, but not limited to, the following:
26        (1) The unlawful and reckless use, display, or

 

 

HB2354 Enrolled- 10 -LRB100 05908 RLC 15934 b

1    brandishing of a firearm by the respondent.
2        (2) The history of use, attempted use, or threatened
3    use of physical force by the respondent against another
4    person.
5        (3) Any prior arrest of the respondent for a felony
6    offense.
7        (4) Evidence of the abuse of controlled substances or
8    alcohol by the respondent.
9        (5) A recent threat of violence or act of violence by
10    the respondent directed toward himself, herself, or
11    another.
12        (6) A violation of an emergency order of protection
13    issued under Section 217 of the Illinois Domestic Violence
14    Act of 1986 or Section 112A-17 of the Code of Criminal
15    Procedure of 1963 or of an order of protection issued under
16    Section 214 of the Illinois Domestic Violence Act of 1986
17    or Section 112A-14 of the Code of Criminal Procedure of
18    1963.     
19        (7) A pattern of violent acts or violent threats,
20    including, but not limited to, threats of violence or acts
21    of violence by the respondent directed toward himself,
22    herself, or another.
23    (f) At the hearing, the petitioner shall have the burden of
24proving, by clear and convincing evidence, that the respondent
25poses a significant danger of personal injury to himself,
26herself, or another by having in his or her custody or control,

 

 

HB2354 Enrolled- 11 -LRB100 05908 RLC 15934 b

1purchasing, possessing, or receiving a firearm.
2    (g) If the court finds that there is clear and convincing
3evidence to issue a firearms restraining order, the court shall
4issue a firearms restraining order that shall be in effect for
56 months subject to renewal under Section 45 of this Act or
6termination under that Section.
7    (g-5) If the court issues a 6-month firearms restraining
8order, it shall, upon a finding of probable cause that the
9respondent possesses firearms, issue a search warrant
10directing a law enforcement agency to seize the respondent's
11firearms. The court may, as part of that warrant, direct the
12law enforcement agency to search the respondent's residence and
13other places where the court finds there is probable cause to
14believe he or she is likely to possess the firearms.
15    (h) A 6-month firearms restraining order shall require:
16        (1) the respondent to refrain from having in his or her
17    custody or control, purchasing, possessing or receiving
18    additional firearms for the duration of the order; and
19        (2) the respondent to turn over to the local law
20    enforcement agency any firearm or Firearm Owner's
21    Identification Card and concealed carry license in his or
22    her possession. The local law enforcement agency shall
23    immediately mail the card and concealed carry license to
24    the Department of State Police Firearm Services Bureau for
25    safekeeping. The firearm or firearms and Firearm Owner's
26    Identification Card and concealed carry license, if

 

 

HB2354 Enrolled- 12 -LRB100 05908 RLC 15934 b

1    unexpired shall be returned to the respondent after the
2    firearms restraining order is terminated or expired.
3    (i) Except as otherwise provided in subsection (i-5) of
4this Section, upon expiration of the period of safekeeping, if
5the firearms or Firearm Owner's Identification Card cannot be
6returned to respondent because respondent cannot be located,
7fails to respond to requests to retrieve the firearms, or is
8not lawfully eligible to possess a firearm, upon petition from
9the local law enforcement agency, the court may order the local
10law enforcement agency to destroy the firearms, use the
11firearms for training purposes, or for any other application as
12deemed appropriate by the local law enforcement agency.
13    (i-5) A respondent whose Firearm Owner's Identification
14Card has been revoked or suspended may petition the court, if
15the petitioner is present in court or has notice of the
16respondent's petition, to transfer the respondent's firearm to
17a person who is lawfully able to possess the firearm if the
18person does not reside at the same address as the respondent.
19Notice of the petition shall be served upon the person
20protected by the emergency firearms restraining order. While
21the order is in effect, the transferee who receives
22respondent's firearms must swear or affirm by affidavit that he
23or she shall not transfer the firearm to the respondent or to
24any one residing in the same residence as the respondent.
25    (i-6) If a person other than the respondent claims title to
26any firearms surrendered under this Section, he or she may

 

 

HB2354 Enrolled- 13 -LRB100 05908 RLC 15934 b

1petition the court, if the petitioner is present in court or
2has notice of the petition, to have the firearm returned to him
3or her. If the court determines that person to be the lawful
4owner of the firearm, the firearm shall be returned to him or
5her, provided that:
6        (1) the firearm is removed from the respondent's
7    custody, control, or possession and the lawful owner agrees
8    to store the firearm in a manner such that the respondent
9    does not have access to or control of the firearm; and
10        (2) the firearm is not otherwise unlawfully possessed
11    by the owner.
12    The person petitioning for the return of his or her firearm
13must swear or affirm by affidavit that he or she: (i) is the
14lawful owner of the firearm; (ii) shall not transfer the
15firearm to the respondent; and (iii) will store the firearm in
16a manner that the respondent does not have access to or control
17of the firearm.
18    (j) If the court does not issue a firearms restraining
19order at the hearing, the court shall dissolve any emergency
20firearms restraining order then in effect.
21    (k) When the court issues a firearms restraining order
22under this Section, the court shall inform the respondent that
23he or she is entitled to one hearing during the period of the
24order to request a termination of the order, under Section 45
25of this Act, and shall provide the respondent with a form to
26request a hearing.
 

 

 

HB2354 Enrolled- 14 -LRB100 05908 RLC 15934 b

1    Section 45. Termination and renewal.
2    (a) A person subject to a firearms restraining order issued
3under this Act may submit one written request at any time
4during the effective period of the order for a hearing to
5terminate the order.
6        (1) The respondent shall have the burden of proving by
7    a preponderance of the evidence that the respondent does
8    not pose a danger of causing personal injury to himself,
9    herself, or another in the near future by having in his or
10    her custody or control, purchasing, possessing, or
11    receiving a firearm.
12        (2) If the court finds after the hearing that the
13    respondent has met his or her burden, the court shall
14    terminate the order.
15    (b) A petitioner may request a renewal of a firearms
16restraining order at any time within the 3 months before the
17expiration of a firearms restraining order.
18        (1) A court shall, after notice and a hearing, renew a
19    firearms restraining order issued under this part if the
20    petitioner proves, by clear and convincing evidence, that
21    the respondent continues to pose a danger of causing
22    personal injury to himself, herself, or another in the near
23    future by having in his or her custody or control,
24    purchasing, possessing, or receiving a firearm.
25        (2) In determining whether to renew a firearms

 

 

HB2354 Enrolled- 15 -LRB100 05908 RLC 15934 b

1    restraining order issued under this Act, the court shall
2    consider evidence of the facts identified in subsection (e)
3    of Section 40 of this Act and any other evidence of an
4    increased risk for violence.
5        (3) At the hearing, the petitioner shall have the
6    burden of proving, by clear and convincing evidence that
7    the respondent continues to pose a danger of causing
8    personal injury to himself, herself, or another in the near
9    future by having in his or her custody or control,
10    purchasing, possessing, or receiving a firearm.
11        (4) The renewal of a firearms restraining order issued
12    under this Section shall be in effect for 6 months, subject
13    to termination by further order of the court at a hearing
14    held under this Section and further renewal by further
15    order of the court under this Section.
 
16    Section 50. Notice of orders.
17    (a) Entry and issuance. Upon issuance of any firearms
18restraining order, the clerk shall immediately, or on the next
19court day if an emergency firearms restraining order is issued
20in accordance with Section 35 of this Act (emergency firearms
21restraining order), (i) enter the order on the record and file
22it in accordance with the circuit court procedures and (ii)
23provide a file stamped copy of the order to respondent, if
24present, and to petitioner.
25    (b) Filing with sheriff. The clerk of the issuing judge

 

 

HB2354 Enrolled- 16 -LRB100 05908 RLC 15934 b

1shall, or the petitioner may, on the same day that a firearms
2restraining order is issued, file a certified copy of that
3order with the sheriff or other law enforcement officials
4charged with maintaining Department of State Police records or
5charged with serving the order upon respondent. If the order
6was issued in accordance with Section 35 of this Act (emergency
7firearms restraining order), the clerk shall on the next court
8day, file a certified copy of the order with the sheriff or
9other law enforcement officials charged with maintaining
10Department of State Police records.
11    (c) Service by sheriff. Unless respondent was present in
12court when the order was issued, the sheriff or other law
13enforcement official shall promptly serve that order upon
14respondent and file proof of the service, in the manner
15provided for service of process in civil proceedings. Instead
16of serving the order upon the respondent, however, the sheriff,
17other law enforcement official, or other persons defined in
18Section 112A-22.10 of the Criminal Code of 1963 may serve the
19respondent with a short form notification as provided in that
20Section. If process has not yet been served upon the
21respondent, it shall be served with the order or short form
22notification if the service is made by the sheriff, or other
23law enforcement official.
24    (d) Any order renewing or terminating any firearms
25restraining order shall be promptly recorded, issued, and
26served as provided in this Section.
 

 

 

HB2354 Enrolled- 17 -LRB100 05908 RLC 15934 b

1    Section 55. Data maintenance by law enforcement agencies.
2    (a) All sheriffs shall furnish to the Department of State
3Police, daily, in the form and detail the Department requires,
4copies of any recorded firearms restraining order issued by the
5court, and any foreign orders of protection filed by the clerk
6of the court, and transmitted to the sheriff by the clerk of
7the court under Section 50. Each firearms restraining order
8shall be entered in the Law Enforcement Agencies Data System
9(LEADS) on the same day it is issued by the court. If an
10emergency firearms restraining order was issued in accordance
11with Section 35 of this Act, the order shall be entered in the
12Law Enforcement Agencies Data System (LEADS) as soon as
13possible after receipt from the clerk.
14    (b) The Department of State Police shall maintain a
15complete and systematic record and index of all valid and
16recorded firearms restraining orders issued or filed under this
17Act. The data shall be used to inform all dispatchers and law
18enforcement officers at the scene of a violation of firearms
19restraining order of the effective dates and terms of any
20recorded order of protection.
21    (c) The data, records and transmittals required under this
22Section shall pertain to any valid emergency or 6-month
23firearms restraining order, whether issued in a civil or
24criminal proceeding or authorized under the laws of another
25state, tribe, or United States territory.
 

 

 

HB2354 Enrolled- 18 -LRB100 05908 RLC 15934 b

1    Section 60. Filing of a firearms restraining order issued
2by another state.
3    (a) A person who has sought a firearms restraining order or
4similar order issued by the court of another state, tribe, or
5United States territory may file a certified copy of the
6firearms restraining order with the clerk of the court in a
7judicial circuit in which the person believes that enforcement
8may be necessary.
9    (b) The clerk shall:
10        (1) treat the foreign firearms restraining order in the
11    same manner as a judgment of the circuit court for any
12    county of this State in accordance with the provisions of
13    the Uniform Enforcement of Foreign Judgments Act, except
14    that the clerk shall not mail notice of the filing of the
15    foreign order to the respondent named in the order; and
16        (2) on the same day that a foreign firearms restraining
17    order is filed, file a certified copy of that order with
18    the sheriff or other law enforcement officials charged with
19    maintaining Department of State Police records as set forth
20    in Section 55 of this Act.
21    (c) Neither residence in this State nor filing of a foreign
22firearms restraining order shall be required for enforcement of
23the order by this State. Failure to file the foreign order
24shall not be an impediment to its treatment in all respects as
25an Illinois firearms restraining order.

 

 

HB2354 Enrolled- 19 -LRB100 05908 RLC 15934 b

1    (d) The clerk shall not charge a fee to file a foreign
2order of protection under this Section.
 
3    Section 65. Enforcement; sanctions for violation of order.
4A respondent who knowingly violates a firearms restraining
5order is guilty of a Class A misdemeanor. Prosecution for a
6violation of a firearms restraining order shall not bar
7concurrent prosecution for any other crime, including any crime
8that may have been committed at the time of the violation of
9the firearms restraining order.
 
10    Section 70. Non-preclusion of remedies. Nothing in this Act
11shall preclude a petitioner or law-enforcement officer from
12removing weapons under other authority, or filing criminal
13charges when probable cause exists.
 
14    Section 75. Limited law enforcement liability. Any act of
15omission or commission by any law enforcement officer acting in
16good faith in rendering emergency assistance or otherwise
17enforcing this Act shall not impose civil liability upon the
18law enforcement officer or his or her supervisor or employer,
19unless the act is a result of willful or wanton misconduct.
 
20    Section 80. Expungement or sealing of order. If the court
21denies issuance of a firearms restraining order against the
22respondent, all records of the proceeding shall be immediately

 

 

HB2354 Enrolled- 20 -LRB100 05908 RLC 15934 b

1expunged from the court records. If the firearms restraining
2order is granted, all records of the proceeding shall, 3 years
3after the expiration of the order, be sealed.
 
4    Section 135. The Firearm Owners Identification Card Act is
5amended by changing Section 8.2 and adding Section 8.3 as
6follows:
 
7    (430 ILCS 65/8.2)
8    Sec. 8.2. Firearm Owner's Identification Card denial or
9revocation. The Department of State Police shall deny an
10application or shall revoke and seize a Firearm Owner's
11Identification Card previously issued under this Act if the
12Department finds that the applicant or person to whom such card
13was issued is or was at the time of issuance subject to an
14existing order of protection or firearms restraining order.
15(Source: P.A. 96-701, eff. 1-1-10.)
 
16    (430 ILCS 65/8.3 new)
17    Sec. 8.3. Suspension of Firearm Owner's Identification
18Card. The Department of State Police may, by rule in a manner
19consistent with the Department's rules concerning revocation,
20provide for the suspension of the Firearm Owner's
21Identification Card of a person whose Firearm Owner's
22Identification Card is subject to revocation and seizure under
23this Act for the duration of the disqualification if the

 

 

HB2354 Enrolled- 21 -LRB100 05908 RLC 15934 b

1disqualification is not a permanent grounds for revocation of a
2Firearm Owner's Identification Card under this Act.
 
3    Section 140. The Firearm Concealed Carry Act is amended by
4changing Section 70 as follows:
 
5    (430 ILCS 66/70)
6    Sec. 70. Violations.
7    (a) A license issued or renewed under this Act shall be
8revoked if, at any time, the licensee is found to be ineligible
9for a license under this Act or the licensee no longer meets
10the eligibility requirements of the Firearm Owners
11Identification Card Act.
12    (b) A license shall be suspended if an order of protection,
13including an emergency order of protection, plenary order of
14protection, or interim order of protection under Article 112A
15of the Code of Criminal Procedure of 1963 or under the Illinois
16Domestic Violence Act of 1986, or if a firearms restraining
17order, including an emergency firearms restraining order,
18under the Firearms Restraining Order Act, is issued against a
19licensee for the duration of the order, or if the Department is
20made aware of a similar order issued against the licensee in
21any other jurisdiction. If an order of protection is issued
22against a licensee, the licensee shall surrender the license,
23as applicable, to the court at the time the order is entered or
24to the law enforcement agency or entity serving process at the

 

 

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1time the licensee is served the order. The court, law
2enforcement agency, or entity responsible for serving the order
3of protection shall notify the Department within 7 days and
4transmit the license to the Department.
5    (c) A license is invalid upon expiration of the license,
6unless the licensee has submitted an application to renew the
7license, and the applicant is otherwise eligible to possess a
8license under this Act.
9    (d) A licensee shall not carry a concealed firearm while
10under the influence of alcohol, other drug or drugs,
11intoxicating compound or combination of compounds, or any
12combination thereof, under the standards set forth in
13subsection (a) of Section 11-501 of the Illinois Vehicle Code.
14    A licensee in violation of this subsection (d) shall be
15guilty of a Class A misdemeanor for a first or second violation
16and a Class 4 felony for a third violation. The Department may
17suspend a license for up to 6 months for a second violation and
18shall permanently revoke a license for a third violation.
19    (e) Except as otherwise provided, a licensee in violation
20of this Act shall be guilty of a Class B misdemeanor. A second
21or subsequent violation is a Class A misdemeanor. The
22Department may suspend a license for up to 6 months for a
23second violation and shall permanently revoke a license for 3
24or more violations of Section 65 of this Act. Any person
25convicted of a violation under this Section shall pay a $150
26fee to be deposited into the Mental Health Reporting Fund, plus

 

 

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1any applicable court costs or fees.
2    (f) A licensee convicted or found guilty of a violation of
3this Act who has a valid license and is otherwise eligible to
4carry a concealed firearm shall only be subject to the
5penalties under this Section and shall not be subject to the
6penalties under Section 21-6, paragraph (4), (8), or (10) of
7subsection (a) of Section 24-1, or subparagraph (A-5) or (B-5)
8of paragraph (3) of subsection (a) of Section 24-1.6 of the
9Criminal Code of 2012. Except as otherwise provided in this
10subsection, nothing in this subsection prohibits the licensee
11from being subjected to penalties for violations other than
12those specified in this Act.
13    (g) A licensee whose license is revoked, suspended, or
14denied shall, within 48 hours of receiving notice of the
15revocation, suspension, or denial, surrender his or her
16concealed carry license to the local law enforcement agency
17where the person resides. The local law enforcement agency
18shall provide the licensee a receipt and transmit the concealed
19carry license to the Department of State Police. If the
20licensee whose concealed carry license has been revoked,
21suspended, or denied fails to comply with the requirements of
22this subsection, the law enforcement agency where the person
23resides may petition the circuit court to issue a warrant to
24search for and seize the concealed carry license in the
25possession and under the custody or control of the licensee
26whose concealed carry license has been revoked, suspended, or

 

 

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1denied. The observation of a concealed carry license in the
2possession of a person whose license has been revoked,
3suspended, or denied constitutes a sufficient basis for the
4arrest of that person for violation of this subsection. A
5violation of this subsection is a Class A misdemeanor.
6    (h) A license issued or renewed under this Act shall be
7revoked if, at any time, the licensee is found ineligible for a
8Firearm Owner's Identification Card, or the licensee no longer
9possesses a valid Firearm Owner's Identification Card. A
10licensee whose license is revoked under this subsection (h)
11shall surrender his or her concealed carry license as provided
12for in subsection (g) of this Section.
13    This subsection shall not apply to a person who has filed
14an application with the State Police for renewal of a Firearm
15Owner's Identification Card and who is not otherwise ineligible
16to obtain a Firearm Owner's Identification Card.
17    (i) A certified firearms instructor who knowingly provides
18or offers to provide a false certification that an applicant
19has completed firearms training as required under this Act is
20guilty of a Class A misdemeanor. A person guilty of a violation
21of this subsection (i) is not eligible for court supervision.
22The Department shall permanently revoke the firearms
23instructor certification of a person convicted under this
24subsection (i).
25(Source: P.A. 98-63, eff. 7-9-13; 98-756, eff. 7-16-14; 98-899,
26eff. 8-15-14.)