Illinois General Assembly - Full Text of HB2354
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Full Text of HB2354  100th General Assembly

HB2354ham002 100TH GENERAL ASSEMBLY

Rep. Kathleen Willis

Filed: 5/9/2018

 

 


 

 


 
10000HB2354ham002LRB100 05908 RLC 39622 a

1
AMENDMENT TO HOUSE BILL 2354

2    AMENDMENT NO. ______. Amend House Bill 2354 by replacing
3everything after the enacting clause with the following:
 
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

 

 

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1common, or a person with whom the respondent has or has had a
2dating or engagement relationship.
3    "Petitioner" means:
4        (1) a family member of the respondent as defined in
5    this Act; or
6        (2) a law enforcement officer, who files a petition
7    alleging that the respondent poses a danger of causing
8    personal injury to himself, herself, or another by having
9    in his or her custody or control, purchasing, possessing,
10    or receiving a firearm.
11    "Respondent" means the person alleged in the petition to
12pose a danger of causing personal injury to himself, herself,
13or another by having in his or her custody or control,
14purchasing, possessing, or receiving a firearm.
 
15    Section 10. Commencement of action; procedure.
16    (a) Actions for a firearms restraining order are commenced
17by filing a verified petition for a firearms restraining order
18in any circuit court.
19    (b) A petition for a firearms restraining order may be
20filed in any county where the respondent resides.
21    (c) No fee shall be charged by the clerk for filing,
22amending, vacating, certifying, or photocopying petitions or
23orders; or for issuing alias summons; or for any related filing
24service. No fee shall be charged by the sheriff or other law
25enforcement for service by the sheriff or other law enforcement

 

 

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1of a petition, rule, motion, or order in an action commenced
2under this Section.
3    (d) The court shall provide, through the office of the
4clerk of the court, simplified forms and clerical assistance to
5help with the writing and filing of a petition under this
6Section by any person not represented by counsel. In addition,
7that assistance may be provided by the State's Attorney.
 
8    Section 15. Subject matter jurisdiction. Each of the
9circuit courts shall have the power to issue firearms
10restraining orders.
 
11    Section 20. Jurisdiction over persons. The circuit courts
12of this State have jurisdiction to bind (1) State residents and
13(2) non-residents having minimum contacts with this State, to
14the extent permitted by Section 2-209 of the Code of Civil
15Procedure.
 
16    Section 25. Process. The summons shall be in the form
17prescribed by Supreme Court Rule 101(d), except that it shall
18require respondent to answer or appear within 7 days.
19Attachments to the summons or notice shall include the petition
20for the firearms restraining order and supporting affidavits,
21if any, and any emergency firearms restraining order that has
22been issued. The enforcement of an order under Section 35 shall
23not be affected by the lack of service, delivery, or notice,

 

 

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1provided the requirements of subsection (f) of that Section are
2otherwise met.
 
3    Section 30. Service of notice of hearings. Service of
4notice of hearings. Except as provided in Section 25, notice of
5hearings on petitions or motions shall be served in accordance
6with Supreme Court Rules 11 and 12, unless notice is excused by
7Section 35 of this Act, or by the Code of Civil Procedure,
8Supreme Court Rules, or local rules.
 
9    Section 35. Ex parte orders and emergency hearings.
10    (a) A petitioner may request an emergency firearms
11restraining order by filing an affidavit or verified pleading
12alleging that the respondent poses an immediate and present
13danger of causing personal injury to himself, herself, or
14another by having in his or her custody or control, purchasing,
15possessing, or receiving a firearm. The petition shall also
16describe the type and location of any firearm or firearms
17presently believed by the petitioner to be possessed or
18controlled by the respondent.
19    (b) If the respondent is alleged to pose an immediate and
20present danger of causing personal injury to an intimate
21partner, or an intimate partner is alleged to have been the
22target of a threat or act of violence by the respondent,
23petitioner shall make a good faith effort to provide notice to
24any and all intimate partners of the respondent. The notice

 

 

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1must include that the petitioner intends to petition the court
2for an emergency firearms restraining order, and, if petitioner
3is a law enforcement officer, referral to relevant domestic
4violence or stalking advocacy or counseling resources, if
5appropriate. Petitioner shall attest to having provided the
6notice in the filed affidavit or verified pleading. If after
7making a good faith effort petitioner is unable to provide
8notice to any or all intimate partners, the affidavit or
9verified pleading should describe what efforts were made.
10    (c) Every person who files a petition for an emergency
11firearms restraining order, knowing the information provided
12to the court at any hearing or in the affidavit or verified
13pleading to be false, is guilty of perjury under Section 32-2
14of the Criminal Code of 2012.
15    (d) An emergency firearms restraining order shall be issued
16on an ex parte basis, that is, without notice to the
17respondent.
18    (e) An emergency hearing held on an ex parte basis shall be
19held the same day that the petition is filed or the next day
20that the court is in session.
21    (f) If a circuit or associate judge finds probable cause to
22believe that the respondent poses an immediate and present
23danger of causing personal injury to himself, herself, or
24another by having in his or her custody or control, purchasing,
25possessing, or receiving a firearm the circuit or associate
26judge shall issue an emergency order.

 

 

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1    (f-5) If the court issues an emergency firearms restraining
2order, it shall, upon a finding of probable cause that the
3respondent possesses firearms, issue a search warrant
4directing a law enforcement agency to seize the respondent's
5firearms. The court may, as part of that warrant, direct the
6law enforcement agency to search the respondent's residence and
7other places where the court finds there is probable cause to
8believe he or she is likely to possess the firearms.
9    (g) An emergency firearms restraining order shall require:
10        (1) the respondent to refrain from having in his or her
11    custody or control, purchasing, possessing, or receiving
12    additional firearms for the duration of the order; and
13        (2) the respondent to turn over to the local law
14    enforcement agency any Firearm Owner's Identification Card
15    and concealed carry license in his or her possession. The
16    local law enforcement agency shall immediately mail the
17    card and concealed carry license to the Department of State
18    Police Firearm Services Bureau for safekeeping. The
19    firearm or firearms and Firearm Owner's Identification
20    Card and concealed carry license, if unexpired, shall be
21    returned to the respondent after the firearms restraining
22    order is terminated or expired.
23    (h) Except as otherwise provided in subsection (h-5) of
24this Section, upon expiration of the period of safekeeping, if
25the firearms or Firearm Owner's Identification Card and
26concealed carry license cannot be returned to respondent

 

 

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

 

 

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1        (1) the firearm is removed from the respondent's
2    custody, control, or possession and the lawful owner agrees
3    to store the firearm in a manner such that the respondent
4    does not have access to or control of the firearm; and
5        (2) the firearm is not otherwise unlawfully possessed
6    by the owner.
7    The person petitioning for the return of his or her firearm
8must swear or affirm by affidavit that he or she: (i) is the
9lawful owner of the firearm; (ii) shall not transfer the
10firearm to the respondent; and (iii) will store the firearm in
11a manner that the respondent does not have access to or control
12of the firearm.
13    (i) In accordance with subsection (e) of this Section, the
14court shall schedule a full hearing as soon as possible, but no
15longer than 14 days from the issuance of an ex parte firearms
16restraining order, to determine if a 6-month firearms
17restraining order shall be issued. The court may extend an ex
18parte order as needed, but not to exceed 14 days, to effectuate
19service of the order or if necessary to continue protection.
20The court may extend the order for a greater length of time by
21mutual agreement of the parties.
 
22    Section 40. Six month orders.
23    (a) A petitioner may request a 6-month firearms restraining
24order by filing an affidavit or verified pleading alleging that
25the respondent poses a significant danger of causing personal

 

 

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1injury to himself, herself, or another in the near future by
2having in his or her custody or control, purchasing,
3possessing, or receiving a firearm. The petition shall also
4describe the number, types, and locations of any firearms
5presently believed by the petitioner to be possessed or
6controlled by the respondent.
7    (b) If the respondent is alleged to pose a significant
8danger of causing personal injury to an intimate partner, or an
9intimate partner is alleged to have been the target of a threat
10or act of violence by the respondent, petitioner shall make a
11good faith effort to provide notice to any and all intimate
12partners of the respondent. The notice must include that the
13petitioner intends to petition the court for a 6-month firearms
14restraining order, and, if petitioner is a law enforcement
15officer, referral to relevant domestic violence or stalking
16advocacy or counseling resources, if appropriate. Petitioner
17shall attest to having provided the notice in the filed
18affidavit or verified pleading. If after making a good faith
19effort petitioner is unable to provide notice to any or all
20intimate partners, the affidavit or verified pleading should
21describe what efforts were made.
22    (c) Every person who files a petition for a 6-month
23firearms restraining order, knowing the information provided
24to the court at any hearing or in the affidavit or verified
25pleading to be false, is guilty of perjury under Section 32-2
26of the Criminal Code of 2012.

 

 

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1    (d) Upon receipt of a petition for a 6-month firearms
2restraining order, the court shall order a hearing within 30
3days.
4    (e) In determining whether to issue a firearms restraining
5order under this Section, the court shall consider evidence
6including, but not limited to, the following:
7        (1) The unlawful and reckless use, display, or
8    brandishing of a firearm by the respondent.
9        (2) The history of use, attempted use, or threatened
10    use of physical force by the respondent against another
11    person.
12        (3) Any prior arrest of the respondent for a felony
13    offense.
14        (4) Evidence of the abuse of controlled substances or
15    alcohol by the respondent.
16        (5) A recent threat of violence or act of violence by
17    the respondent directed toward himself, herself, or
18    another.
19        (6) A violation of an emergency order of protection
20    issued under Section 217 of the Illinois Domestic Violence
21    Act of 1986 or Section 112A-17 of the Code of Criminal
22    Procedure of 1963 or of an order of protection issued under
23    Section 214 of the Illinois Domestic Violence Act of 1986
24    or Section 112A-14 of the Code of Criminal Procedure of
25    1963.     
26        (7) A pattern of violent acts or violent threats,

 

 

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1    including, but not limited to, threats of violence or acts
2    of violence by the respondent directed toward himself,
3    herself, or another.
4    (f) At the hearing, the petitioner shall have the burden of
5proving, by clear and convincing evidence, that the respondent
6poses a significant danger of personal injury to himself,
7herself, or another by having in his or her custody or control,
8purchasing, possessing, or receiving a firearm.
9    (g) If the court finds that there is clear and convincing
10evidence to issue a firearms restraining order, the court shall
11issue a firearms restraining order that shall be in effect for
126 months subject to renewal under Section 45 of this Act or
13termination under that Section.
14    (g-5) If the court issues a 6-month firearms restraining
15order, it shall, upon a finding of probable cause that the
16respondent possesses firearms, issue a search warrant
17directing a law enforcement agency to seize the respondent's
18firearms. The court may, as part of that warrant, direct the
19law enforcement agency to search the respondent's residence and
20other places where the court finds there is probable cause to
21believe he or she is likely to possess the firearms.
22    (h) A 6-month firearms restraining order shall require:
23        (1) the respondent to refrain from having in his or her
24    custody or control, purchasing, possessing or receiving
25    additional firearms for the duration of the order; and
26        (2) the respondent to turn over to the local law

 

 

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1    enforcement agency any firearm or Firearm Owner's
2    Identification Card and concealed carry license in his or
3    her possession. The local law enforcement agency shall
4    immediately mail the card and concealed carry license to
5    the Department of State Police Firearm Services Bureau for
6    safekeeping. The firearm or firearms and Firearm Owner's
7    Identification Card and concealed carry license, if
8    unexpired shall be returned to the respondent after the
9    firearms restraining order is terminated or expired.
10    (i) Except as otherwise provided in subsection (i-5) of
11this Section, upon expiration of the period of safekeeping, if
12the firearms or Firearm Owner's Identification Card cannot be
13returned to respondent because respondent cannot be located,
14fails to respond to requests to retrieve the firearms, or is
15not lawfully eligible to possess a firearm, upon petition from
16the local law enforcement agency, the court may order the local
17law enforcement agency to destroy the firearms, use the
18firearms for training purposes, or for any other application as
19deemed appropriate by the local law enforcement agency.
20    (i-5) A respondent whose Firearm Owner's Identification
21Card has been revoked or suspended may petition the court, if
22the petitioner is present in court or has notice of the
23respondent's petition, to transfer the respondent's firearm to
24a person who is lawfully able to possess the firearm if the
25person does not reside at the same address as the respondent.
26Notice of the petition shall be served upon the person

 

 

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

 

 

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

 

 

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1    firearms restraining order issued under this part if the
2    petitioner proves, by clear and convincing evidence, that
3    the respondent continues to pose a danger of causing
4    personal injury to himself, herself, or another in the near
5    future by having in his or her custody or control,
6    purchasing, possessing, or receiving a firearm.
7        (2) In determining whether to renew a firearms
8    restraining order issued under this Act, the court shall
9    consider evidence of the facts identified in subsection (e)
10    of Section 40 of this Act and any other evidence of an
11    increased risk for violence.
12        (3) At the hearing, the petitioner shall have the
13    burden of proving, by clear and convincing evidence that
14    the respondent continues to pose a danger of causing
15    personal injury to himself, herself, or another in the near
16    future by having in his or her custody or control,
17    purchasing, possessing, or receiving a firearm.
18        (4) The renewal of a firearms restraining order issued
19    under this Section shall be in effect for 6 months, subject
20    to termination by further order of the court at a hearing
21    held under this Section and further renewal by further
22    order of the court under this Section.
 
23    Section 50. Notice of orders.
24    (a) Entry and issuance. Upon issuance of any firearms
25restraining order, the clerk shall immediately, or on the next

 

 

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1court day if an emergency firearms restraining order is issued
2in accordance with Section 35 of this Act (emergency firearms
3restraining order), (i) enter the order on the record and file
4it in accordance with the circuit court procedures and (ii)
5provide a file stamped copy of the order to respondent, if
6present, and to petitioner.
7    (b) Filing with sheriff. The clerk of the issuing judge
8shall, or the petitioner may, on the same day that a firearms
9restraining order is issued, file a certified copy of that
10order with the sheriff or other law enforcement officials
11charged with maintaining Department of State Police records or
12charged with serving the order upon respondent. If the order
13was issued in accordance with Section 35 of this Act (emergency
14firearms restraining order), the clerk shall on the next court
15day, file a certified copy of the order with the sheriff or
16other law enforcement officials charged with maintaining
17Department of State Police records.
18    (c) Service by sheriff. Unless respondent was present in
19court when the order was issued, the sheriff or other law
20enforcement official shall promptly serve that order upon
21respondent and file proof of the service, in the manner
22provided for service of process in civil proceedings. Instead
23of serving the order upon the respondent, however, the sheriff,
24other law enforcement official, or other persons defined in
25Section 112A-22.10 of the Criminal Code of 1963 may serve the
26respondent with a short form notification as provided in that

 

 

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1Section. If process has not yet been served upon the
2respondent, it shall be served with the order or short form
3notification if the service is made by the sheriff, or other
4law enforcement official.
5    (d) Any order renewing or terminating any firearms
6restraining order shall be promptly recorded, issued, and
7served as provided in this Section.
 
8    Section 55. Data maintenance by law enforcement agencies.
9    (a) All sheriffs shall furnish to the Department of State
10Police, daily, in the form and detail the Department requires,
11copies of any recorded firearms restraining order issued by the
12court, and any foreign orders of protection filed by the clerk
13of the court, and transmitted to the sheriff by the clerk of
14the court under Section 50. Each firearms restraining order
15shall be entered in the Law Enforcement Agencies Data System
16(LEADS) on the same day it is issued by the court. If an
17emergency firearms restraining order was issued in accordance
18with Section 35 of this Act, the order shall be entered in the
19Law Enforcement Agencies Data System (LEADS) as soon as
20possible after receipt from the clerk.
21    (b) The Department of State Police shall maintain a
22complete and systematic record and index of all valid and
23recorded firearms restraining orders issued or filed under this
24Act. The data shall be used to inform all dispatchers and law
25enforcement officers at the scene of a violation of firearms

 

 

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1restraining order of the effective dates and terms of any
2recorded order of protection.
3    (c) The data, records and transmittals required under this
4Section shall pertain to any valid emergency or 6-month
5firearms restraining order, whether issued in a civil or
6criminal proceeding or authorized under the laws of another
7state, tribe, or United States territory.
 
8    Section 60. Filing of a firearms restraining order issued
9by another state.
10    (a) A person who has sought a firearms restraining order or
11similar order issued by the court of another state, tribe, or
12United States territory may file a certified copy of the
13firearms restraining order with the clerk of the court in a
14judicial circuit in which the person believes that enforcement
15may be necessary.
16    (b) The clerk shall:
17        (1) treat the foreign firearms restraining order in the
18    same manner as a judgment of the circuit court for any
19    county of this State in accordance with the provisions of
20    the Uniform Enforcement of Foreign Judgments Act, except
21    that the clerk shall not mail notice of the filing of the
22    foreign order to the respondent named in the order; and
23        (2) on the same day that a foreign firearms restraining
24    order is filed, file a certified copy of that order with
25    the sheriff or other law enforcement officials charged with

 

 

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1    maintaining Department of State Police records as set forth
2    in Section 55 of this Act.
3    (c) Neither residence in this State nor filing of a foreign
4firearms restraining order shall be required for enforcement of
5the order by this State. Failure to file the foreign order
6shall not be an impediment to its treatment in all respects as
7an Illinois firearms restraining order.
8    (d) The clerk shall not charge a fee to file a foreign
9order of protection under this Section.
 
10    Section 65. Enforcement; sanctions for violation of order.
11A respondent who knowingly violates a firearms restraining
12order is guilty of a Class A misdemeanor. Prosecution for a
13violation of a firearms restraining order shall not bar
14concurrent prosecution for any other crime, including any crime
15that may have been committed at the time of the violation of
16the firearms restraining order.
 
17    Section 70. Non-preclusion of remedies. Nothing in this Act
18shall preclude a petitioner or law-enforcement officer from
19removing weapons under other authority, or filing criminal
20charges when probable cause exists.
 
21    Section 75. Limited law enforcement liability. Any act of
22omission or commission by any law enforcement officer acting in
23good faith in rendering emergency assistance or otherwise

 

 

10000HB2354ham002- 20 -LRB100 05908 RLC 39622 a

1enforcing this Act shall not impose civil liability upon the
2law enforcement officer or his or her supervisor or employer,
3unless the act is a result of willful or wanton misconduct.
 
4    Section 80. Expungement or sealing of order. If the court
5denies issuance of a firearms restraining order against the
6respondent, all records of the proceeding shall be immediately
7expunged from the court records. If the firearms restraining
8order is granted, all records of the proceeding shall, 3 years
9after the expiration of the order, be sealed.
 
10    Section 135. The Firearm Owners Identification Card Act is
11amended by changing Section 8.2 and adding Section 8.3 as
12follows:
 
13    (430 ILCS 65/8.2)
14    Sec. 8.2. Firearm Owner's Identification Card denial or
15revocation. The Department of State Police shall deny an
16application or shall revoke and seize a Firearm Owner's
17Identification Card previously issued under this Act if the
18Department finds that the applicant or person to whom such card
19was issued is or was at the time of issuance subject to an
20existing order of protection or firearms restraining order.
21(Source: P.A. 96-701, eff. 1-1-10.)
 
22    (430 ILCS 65/8.3 new)

 

 

10000HB2354ham002- 21 -LRB100 05908 RLC 39622 a

1    Sec. 8.3. Suspension of Firearm Owner's Identification
2Card. The Department of State Police may, by rule in a manner
3consistent with the Department's rules concerning revocation,
4provide for the suspension of the Firearm Owner's
5Identification Card of a person whose Firearm Owner's
6Identification Card is subject to revocation and seizure under
7this Act for the duration of the disqualification if the
8disqualification is not a permanent grounds for revocation of a
9Firearm Owner's Identification Card under this Act.
 
10    Section 140. The Firearm Concealed Carry Act is amended by
11changing Section 70 as follows:
 
12    (430 ILCS 66/70)
13    Sec. 70. Violations.
14    (a) A license issued or renewed under this Act shall be
15revoked if, at any time, the licensee is found to be ineligible
16for a license under this Act or the licensee no longer meets
17the eligibility requirements of the Firearm Owners
18Identification Card Act.
19    (b) A license shall be suspended if an order of protection,
20including an emergency order of protection, plenary order of
21protection, or interim order of protection under Article 112A
22of the Code of Criminal Procedure of 1963 or under the Illinois
23Domestic Violence Act of 1986, or if a firearms restraining
24order, including an emergency firearms restraining order,

 

 

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1under the Firearms Restraining Order Act, is issued against a
2licensee for the duration of the order, or if the Department is
3made aware of a similar order issued against the licensee in
4any other jurisdiction. If an order of protection is issued
5against a licensee, the licensee shall surrender the license,
6as applicable, to the court at the time the order is entered or
7to the law enforcement agency or entity serving process at the
8time the licensee is served the order. The court, law
9enforcement agency, or entity responsible for serving the order
10of protection shall notify the Department within 7 days and
11transmit the license to the Department.
12    (c) A license is invalid upon expiration of the license,
13unless the licensee has submitted an application to renew the
14license, and the applicant is otherwise eligible to possess a
15license under this Act.
16    (d) A licensee shall not carry a concealed firearm while
17under the influence of alcohol, other drug or drugs,
18intoxicating compound or combination of compounds, or any
19combination thereof, under the standards set forth in
20subsection (a) of Section 11-501 of the Illinois Vehicle Code.
21    A licensee in violation of this subsection (d) shall be
22guilty of a Class A misdemeanor for a first or second violation
23and a Class 4 felony for a third violation. The Department may
24suspend a license for up to 6 months for a second violation and
25shall permanently revoke a license for a third violation.
26    (e) Except as otherwise provided, a licensee in violation

 

 

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1of this Act shall be guilty of a Class B misdemeanor. A second
2or subsequent violation is a Class A misdemeanor. The
3Department may suspend a license for up to 6 months for a
4second violation and shall permanently revoke a license for 3
5or more violations of Section 65 of this Act. Any person
6convicted of a violation under this Section shall pay a $150
7fee to be deposited into the Mental Health Reporting Fund, plus
8any applicable court costs or fees.
9    (f) A licensee convicted or found guilty of a violation of
10this Act who has a valid license and is otherwise eligible to
11carry a concealed firearm shall only be subject to the
12penalties under this Section and shall not be subject to the
13penalties under Section 21-6, paragraph (4), (8), or (10) of
14subsection (a) of Section 24-1, or subparagraph (A-5) or (B-5)
15of paragraph (3) of subsection (a) of Section 24-1.6 of the
16Criminal Code of 2012. Except as otherwise provided in this
17subsection, nothing in this subsection prohibits the licensee
18from being subjected to penalties for violations other than
19those specified in this Act.
20    (g) A licensee whose license is revoked, suspended, or
21denied shall, within 48 hours of receiving notice of the
22revocation, suspension, or denial, surrender his or her
23concealed carry license to the local law enforcement agency
24where the person resides. The local law enforcement agency
25shall provide the licensee a receipt and transmit the concealed
26carry license to the Department of State Police. If the

 

 

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1licensee whose concealed carry license has been revoked,
2suspended, or denied fails to comply with the requirements of
3this subsection, the law enforcement agency where the person
4resides may petition the circuit court to issue a warrant to
5search for and seize the concealed carry license in the
6possession and under the custody or control of the licensee
7whose concealed carry license has been revoked, suspended, or
8denied. The observation of a concealed carry license in the
9possession of a person whose license has been revoked,
10suspended, or denied constitutes a sufficient basis for the
11arrest of that person for violation of this subsection. A
12violation of this subsection is a Class A misdemeanor.
13    (h) A license issued or renewed under this Act shall be
14revoked if, at any time, the licensee is found ineligible for a
15Firearm Owner's Identification Card, or the licensee no longer
16possesses a valid Firearm Owner's Identification Card. A
17licensee whose license is revoked under this subsection (h)
18shall surrender his or her concealed carry license as provided
19for in subsection (g) of this Section.
20    This subsection shall not apply to a person who has filed
21an application with the State Police for renewal of a Firearm
22Owner's Identification Card and who is not otherwise ineligible
23to obtain a Firearm Owner's Identification Card.
24    (i) A certified firearms instructor who knowingly provides
25or offers to provide a false certification that an applicant
26has completed firearms training as required under this Act is

 

 

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1guilty of a Class A misdemeanor. A person guilty of a violation
2of this subsection (i) is not eligible for court supervision.
3The Department shall permanently revoke the firearms
4instructor certification of a person convicted under this
5subsection (i).
6(Source: P.A. 98-63, eff. 7-9-13; 98-756, eff. 7-16-14; 98-899,
7eff. 8-15-14.)".