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Public Act 100-0607 | ||||
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AN ACT concerning orders of protection.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 1. Short title. This Act may be cited as the | ||||
Firearms Restraining Order Act. | ||||
Section 5. Definitions.
As used in this Act: | ||||
"Family member of the respondent" means a spouse, parent, | ||||
child, or step-child of the respondent, any other person | ||||
related by blood or present marriage to the respondent, or a | ||||
person who shares a common dwelling with the respondent. | ||||
"Firearms restraining order" means an order issued by the | ||||
court, prohibiting and enjoining a named person from having in | ||||
his or her custody or control, purchasing, possessing, or | ||||
receiving any firearms.
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"Intimate partner" means a spouse, former spouse, a person | ||||
with whom the respondent has or allegedly has a child in | ||||
common, or a person with whom the respondent has or has had a | ||||
dating or engagement relationship. | ||||
"Petitioner" means: | ||||
(1) a family member of the respondent as defined in | ||||
this Act; or
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(2) a law enforcement officer,
who files a petition | ||||
alleging that the respondent poses a danger of causing |
personal injury to himself, herself, or another by having | ||
in his or her custody or control, purchasing, possessing, | ||
or receiving a firearm. | ||
"Respondent" means the person alleged in the petition to | ||
pose a danger of causing personal injury to himself, herself, | ||
or another by having in his or her custody or control, | ||
purchasing, possessing, or receiving a firearm. | ||
Section 10. Commencement of action; procedure.
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(a) Actions for a firearms restraining order are commenced | ||
by filing a verified petition for a firearms restraining order | ||
in any circuit court.
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(b) A petition for a firearms restraining order may be | ||
filed in any county where the respondent resides.
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(c) No fee shall be charged by the clerk for filing, | ||
amending, vacating, certifying, or photocopying petitions or | ||
orders; or for issuing alias summons; or for any related filing | ||
service. No fee shall be charged by the sheriff or other law | ||
enforcement for service by the sheriff or other law enforcement | ||
of a petition, rule, motion, or order in an action commenced | ||
under this Section. | ||
(d) The court shall provide, through the office of the | ||
clerk of the court, simplified forms and clerical assistance to | ||
help with the writing and filing of a petition under this | ||
Section by any person not represented by counsel. In addition, | ||
that assistance may be provided by the State's Attorney.
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Section 15. Subject matter jurisdiction.
Each of the | ||
circuit courts shall have the power to issue firearms | ||
restraining orders. | ||
Section 20. Jurisdiction over persons.
The circuit courts | ||
of this State have jurisdiction to bind (1) State residents and | ||
(2) non-residents having minimum contacts with this State, to | ||
the extent permitted by Section 2-209 of the Code of Civil | ||
Procedure.
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Section 25. Process.
The summons shall be in the form | ||
prescribed by Supreme Court Rule 101(d), except that it shall | ||
require respondent to answer or appear within 7 days. | ||
Attachments to the summons or notice shall include the petition | ||
for the firearms restraining order and supporting affidavits, | ||
if any, and any emergency firearms restraining order that has | ||
been issued. The enforcement of an order under Section 35 shall | ||
not be affected by the lack of service, delivery, or notice, | ||
provided the requirements of subsection (f) of that Section are | ||
otherwise met.
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Section 30. Service of notice of hearings.
Service of | ||
notice of hearings. Except as provided in Section 25, notice of | ||
hearings on petitions or motions shall be served in accordance | ||
with Supreme Court Rules 11 and 12, unless notice is excused by |
Section 35 of this Act, or by the Code of Civil Procedure, | ||
Supreme Court Rules, or local rules.
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Section 35. Ex parte orders and emergency hearings.
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(a) A petitioner may request an emergency firearms | ||
restraining order by filing an affidavit or verified pleading | ||
alleging that the respondent poses an immediate and present | ||
danger of causing personal injury to himself, herself, or | ||
another by having in his or her custody or control, purchasing, | ||
possessing, or receiving a firearm. The petition shall also | ||
describe the type and location of any firearm or firearms | ||
presently believed by the petitioner to be possessed or | ||
controlled by the respondent.
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(b) If the respondent is alleged to pose an immediate and | ||
present danger of causing personal injury to an intimate | ||
partner, or an intimate partner is alleged to have been the | ||
target of a threat or act of violence by the respondent, | ||
petitioner shall make a good faith effort to provide notice to | ||
any and all intimate partners of the respondent. The notice | ||
must include that the petitioner intends to petition the court | ||
for an emergency firearms restraining order, and, if petitioner | ||
is a law enforcement officer, referral to relevant domestic | ||
violence or stalking advocacy or counseling resources, if | ||
appropriate. Petitioner shall attest to having provided the | ||
notice in the filed affidavit or verified pleading. If after | ||
making a good faith effort petitioner is unable to provide |
notice to any or all intimate partners, the affidavit or | ||
verified pleading should describe what efforts were made. | ||
(c) Every person who files a petition for an emergency | ||
firearms restraining order, knowing the information provided | ||
to the court at any hearing or in the affidavit or verified | ||
pleading to be false, is guilty of perjury under Section 32-2 | ||
of the Criminal Code of 2012.
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(d) An emergency firearms restraining order shall be issued | ||
on an ex parte basis, that is, without notice to the | ||
respondent.
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(e) An emergency hearing held on an ex parte basis shall be | ||
held the same day that the petition is filed or the next day | ||
that the court is in session.
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(f) If a circuit or associate judge finds probable cause to | ||
believe that the respondent poses an immediate and present | ||
danger of causing personal injury to himself, herself, or | ||
another by having in his or her custody or control, purchasing, | ||
possessing, or receiving a firearm the circuit or associate | ||
judge shall issue an emergency order.
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(f-5) If the court issues an emergency firearms restraining | ||
order, it shall, upon a finding of probable cause that the | ||
respondent possesses firearms, issue a search warrant | ||
directing a law enforcement agency to seize the respondent's | ||
firearms. The court may, as part of that warrant, direct the | ||
law enforcement agency to search the respondent's residence and | ||
other places where the court finds there is probable cause to |
believe he or she is likely to possess the firearms. | ||
(g) An emergency firearms restraining order shall require:
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(1) the respondent to refrain from having in his or her | ||
custody or control, purchasing, possessing, or receiving | ||
additional firearms for the duration of the order;
and | ||
(2) the respondent to turn over to the local law | ||
enforcement agency any Firearm Owner's Identification Card | ||
and concealed carry license in his or her possession. The | ||
local law enforcement agency shall immediately mail the | ||
card and concealed carry license to the Department of State | ||
Police Firearm Services Bureau for safekeeping. The | ||
firearm or firearms and Firearm Owner's Identification | ||
Card and concealed carry license, if unexpired, shall be | ||
returned to the respondent after the firearms restraining | ||
order is terminated or expired. | ||
(h) Except as otherwise provided in subsection (h-5) of | ||
this Section, upon expiration of the period of safekeeping, if | ||
the firearms or Firearm Owner's Identification Card and | ||
concealed carry license cannot be returned to respondent | ||
because respondent cannot be located, fails to respond to | ||
requests to retrieve the firearms, or is not lawfully eligible | ||
to possess a firearm, upon petition from the local law | ||
enforcement agency, the court may order the local law | ||
enforcement agency to destroy the firearms, use the firearms | ||
for training purposes, or for any other application as deemed | ||
appropriate by the local law enforcement agency.
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(h-5) A respondent whose Firearm Owner's Identification | ||
Card has been revoked or suspended may petition the court, if | ||
the petitioner is present in court or has notice of the | ||
respondent's petition, to transfer the respondent's firearm to | ||
a person who is lawfully able to possess the firearm if the | ||
person does not reside at the same address as the respondent. | ||
Notice of the petition shall be served upon the person | ||
protected by the emergency firearms restraining order. While | ||
the order is in effect, the transferee who receives | ||
respondent's firearms must swear or affirm by affidavit that he | ||
or she shall not transfer the firearm to the respondent or to | ||
anyone residing in the same residence as the respondent. | ||
(h-6) If a person other than the respondent claims title to | ||
any firearms surrendered under this Section, he or she may | ||
petition the court, if the petitioner is present in court or | ||
has notice of the petition, to have the firearm returned to him | ||
or her. If the court determines that person to be the lawful | ||
owner of the firearm, the firearm shall be returned to him or | ||
her, provided that: | ||
(1) the firearm is removed from the respondent's | ||
custody, control, or possession and the lawful owner agrees | ||
to store the firearm in a manner such that the respondent | ||
does not have access to or control of the firearm; and | ||
(2) the firearm is not otherwise unlawfully possessed | ||
by the owner. | ||
The person petitioning for the return of his or her firearm |
must swear or affirm by affidavit that he or she: (i) is the | ||
lawful owner of the firearm; (ii) shall not transfer the | ||
firearm to the respondent; and (iii) will store the firearm in | ||
a manner that the respondent does not have access to or control | ||
of the firearm. | ||
(i) In accordance with subsection (e) of this Section, the | ||
court shall schedule a full hearing as soon as possible, but no | ||
longer than 14 days from the issuance of an ex parte firearms | ||
restraining order, to determine if a 6-month firearms | ||
restraining order shall be issued. The court may extend an ex | ||
parte order as needed, but not to exceed 14 days, to effectuate | ||
service of the order or if necessary to continue protection. | ||
The court may extend the order for a greater length of time by | ||
mutual agreement of the parties.
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Section 40. Six month orders.
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(a) A petitioner may request a 6-month firearms restraining | ||
order by filing an affidavit or verified pleading alleging that | ||
the respondent poses a significant danger of causing personal | ||
injury to himself, herself, or another in the near future by | ||
having in his or her custody or control, purchasing, | ||
possessing, or receiving a firearm. The petition shall also | ||
describe the number, types, and locations of any firearms | ||
presently believed by the petitioner to be possessed or | ||
controlled by the respondent.
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(b) If the respondent is alleged to pose a significant |
danger of causing personal injury to an intimate partner, or an | ||
intimate partner is alleged to have been the target of a threat | ||
or act of violence by the respondent, petitioner shall make a | ||
good faith effort to provide notice to any and all intimate | ||
partners of the respondent. The notice must include that the | ||
petitioner intends to petition the court for a 6-month firearms | ||
restraining order, and, if petitioner is a law enforcement | ||
officer, referral to relevant domestic violence or stalking | ||
advocacy or counseling resources, if appropriate. Petitioner | ||
shall attest to having provided the notice in the filed | ||
affidavit or verified pleading. If after making a good faith | ||
effort petitioner is unable to provide notice to any or all | ||
intimate partners, the affidavit or verified pleading should | ||
describe what efforts were made. | ||
(c) Every person who files a petition for a 6-month | ||
firearms restraining order, knowing the information provided | ||
to the court at any hearing or in the affidavit or verified | ||
pleading to be false, is guilty of perjury under Section 32-2 | ||
of the Criminal Code of 2012.
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(d) Upon receipt of a petition for a 6-month firearms | ||
restraining order, the court shall order a hearing within 30 | ||
days.
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(e) In determining whether to issue a firearms restraining | ||
order under this Section, the court shall consider evidence | ||
including, but not limited to, the following:
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(1) The unlawful and reckless use, display, or |
brandishing of a firearm by the respondent.
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(2) The history of use, attempted use, or threatened | ||
use of physical force by the respondent against another | ||
person.
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(3) Any prior arrest of the respondent for a felony | ||
offense. | ||
(4) Evidence of the abuse of controlled substances or | ||
alcohol by the respondent. | ||
(5) A recent threat of violence or act of violence by | ||
the respondent directed toward himself, herself, or | ||
another. | ||
(6) A violation of an emergency order of protection | ||
issued under Section 217 of the Illinois Domestic Violence | ||
Act of 1986 or Section 112A-17 of the Code of Criminal | ||
Procedure of 1963 or of an order of protection issued under | ||
Section 214 of the Illinois Domestic Violence Act of 1986 | ||
or Section 112A-14 of the Code of Criminal Procedure of | ||
1963.
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(7) A pattern of violent acts or violent threats, | ||
including, but not limited to, threats of violence or acts | ||
of violence by the respondent directed toward himself, | ||
herself, or another. | ||
(f) At the hearing, the petitioner shall have the burden of | ||
proving, by clear and convincing evidence, that the respondent | ||
poses a significant danger of personal injury to himself, | ||
herself, or another by having in his or her custody or control, |
purchasing, possessing, or receiving a firearm. | ||
(g) If the court finds that there is clear and convincing | ||
evidence to issue a firearms restraining order, the court shall | ||
issue a firearms restraining order that shall be in effect for | ||
6 months subject to renewal under Section 45 of this Act or | ||
termination under that Section. | ||
(g-5) If the court issues a 6-month firearms restraining | ||
order, it shall, upon a finding of probable cause that the | ||
respondent possesses firearms, issue a search warrant | ||
directing a law enforcement agency to seize the respondent's | ||
firearms. The court may, as part of that warrant, direct the | ||
law enforcement agency to search the respondent's residence and | ||
other places where the court finds there is probable cause to | ||
believe he or she is likely to possess the firearms. | ||
(h) A 6-month firearms restraining order shall require: | ||
(1) the respondent to refrain from having in his or her | ||
custody or control, purchasing, possessing or receiving | ||
additional firearms for the duration of the order; and | ||
(2) the respondent to turn over to the local law | ||
enforcement agency any firearm or Firearm Owner's | ||
Identification Card and concealed carry license in his or | ||
her possession. The local law enforcement agency shall | ||
immediately mail the card and concealed carry license to | ||
the Department of State Police Firearm Services Bureau for | ||
safekeeping. The firearm or firearms and Firearm Owner's | ||
Identification Card and concealed carry license, if |
unexpired shall be returned to the respondent after the | ||
firearms restraining order is terminated or expired. | ||
(i) Except as otherwise provided in subsection (i-5) of | ||
this Section, upon expiration of the period of safekeeping, if | ||
the firearms or Firearm Owner's Identification Card cannot be | ||
returned to respondent because respondent cannot be located, | ||
fails to respond to requests to retrieve the firearms, or is | ||
not lawfully eligible to possess a firearm, upon petition from | ||
the local law enforcement agency, the court may order the local | ||
law enforcement agency to destroy the firearms, use the | ||
firearms for training purposes, or for any other application as | ||
deemed appropriate by the local law enforcement agency. | ||
(i-5) A respondent whose Firearm Owner's Identification | ||
Card has been revoked or suspended may petition the court, if | ||
the petitioner is present in court or has notice of the | ||
respondent's petition, to transfer the respondent's firearm to | ||
a person who is lawfully able to possess the firearm if the | ||
person does not reside at the same address as the respondent. | ||
Notice of the petition shall be served upon the person | ||
protected by the emergency firearms restraining order. While | ||
the order is in effect, the transferee who receives | ||
respondent's firearms must swear or affirm by affidavit that he | ||
or she shall not transfer the firearm to the respondent or to | ||
any one residing in the same residence as the respondent. | ||
(i-6) If a person other than the respondent claims title to | ||
any firearms surrendered under this Section, he or she may |
petition the court, if the petitioner is present in court or | ||
has notice of the petition, to have the firearm returned to him | ||
or her. If the court determines that person to be the lawful | ||
owner of the firearm, the firearm shall be returned to him or | ||
her, provided that: | ||
(1) the firearm is removed from the respondent's | ||
custody, control, or possession and the lawful owner agrees | ||
to store the firearm in a manner such that the respondent | ||
does not have access to or control of the firearm; and | ||
(2) the firearm is not otherwise unlawfully possessed | ||
by the owner. | ||
The person petitioning for the return of his or her firearm | ||
must swear or affirm by affidavit that he or she: (i) is the | ||
lawful owner of the firearm; (ii) shall not transfer the | ||
firearm to the respondent; and (iii) will store the firearm in | ||
a manner that the respondent does not have access to or control | ||
of the firearm. | ||
(j) If the court does not issue a firearms restraining | ||
order at the hearing, the court shall dissolve any emergency | ||
firearms restraining order then in effect. | ||
(k) When the court issues a firearms restraining order | ||
under this Section, the court shall inform the respondent that | ||
he or she is entitled to one hearing during the period of the | ||
order to request a termination of the order, under Section 45 | ||
of this Act, and shall provide the respondent with a form to | ||
request a hearing. |
Section 45. Termination and renewal.
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(a) A person subject to a firearms restraining order issued | ||
under this Act may submit one written request at any time | ||
during the effective period of the order for a hearing to | ||
terminate the order. | ||
(1) The respondent shall have the burden of proving by | ||
a preponderance of the evidence that the respondent does | ||
not pose a danger of causing personal injury to himself, | ||
herself, or another in the near future by having in his or | ||
her custody or control, purchasing, possessing, or | ||
receiving a firearm. | ||
(2) If the court finds after the hearing that the | ||
respondent has met his or her burden, the court shall | ||
terminate the order.
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(b) A petitioner may request a renewal of a firearms | ||
restraining order at any time within the 3 months before the | ||
expiration of a firearms restraining order. | ||
(1) A court shall, after notice and a hearing, renew a | ||
firearms restraining order issued under this part if the | ||
petitioner proves, by clear and convincing evidence, that | ||
the respondent continues to pose a danger of causing | ||
personal injury to himself, herself, or another in the near | ||
future by having in his or her custody or control, | ||
purchasing, possessing, or receiving a firearm. | ||
(2) In determining whether to renew a firearms |
restraining order issued under this Act, the court shall | ||
consider evidence of the facts identified in subsection (e) | ||
of Section 40 of this Act and any other evidence of an | ||
increased risk for violence. | ||
(3) At the hearing, the petitioner shall have the | ||
burden of proving, by clear and convincing evidence that | ||
the respondent continues to pose a danger of causing | ||
personal injury to himself, herself, or another in the near | ||
future by having in his or her custody or control, | ||
purchasing, possessing, or receiving a firearm. | ||
(4) The renewal of a firearms restraining order issued | ||
under this Section shall be in effect for 6 months, subject | ||
to termination by further order of the court at a hearing | ||
held under this Section and further renewal by further | ||
order of the court under this Section. | ||
Section 50. Notice of orders.
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(a) Entry and issuance. Upon issuance of any firearms | ||
restraining order, the clerk shall immediately, or on the next | ||
court day if an emergency firearms restraining order is issued | ||
in accordance with Section 35 of this Act (emergency firearms | ||
restraining order), (i) enter the order on the record and file | ||
it in accordance with the circuit court procedures and (ii) | ||
provide a file stamped copy of the order to respondent, if | ||
present, and to petitioner.
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(b) Filing with sheriff. The clerk of the issuing judge |
shall, or the petitioner may, on the same day that a firearms | ||
restraining order is issued, file a certified copy of that | ||
order with the sheriff or other law enforcement officials | ||
charged with maintaining Department of State Police records or | ||
charged with serving the order upon respondent. If the order | ||
was issued in accordance with Section 35 of this Act (emergency | ||
firearms restraining order), the clerk shall on the next court | ||
day, file a certified copy of the order with the sheriff or | ||
other law enforcement officials charged with maintaining | ||
Department of State Police records.
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(c) Service by sheriff. Unless respondent was present in | ||
court when the order was issued, the sheriff or other law | ||
enforcement official shall promptly serve that order upon | ||
respondent and file proof of the service, in the manner | ||
provided for service of process in civil proceedings. Instead | ||
of serving the order upon the respondent, however, the sheriff, | ||
other law enforcement official, or other persons defined in | ||
Section 112A-22.10 of the Criminal Code of 1963 may serve the | ||
respondent with a short form notification as provided in that | ||
Section. If process has not yet been served upon the | ||
respondent, it shall be served with the order or short form | ||
notification if the service is made by the sheriff, or other | ||
law enforcement official. | ||
(d) Any order renewing or terminating any firearms | ||
restraining order shall be promptly recorded, issued, and | ||
served as provided in this Section. |
Section 55. Data maintenance by law enforcement agencies.
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(a) All sheriffs shall furnish to the Department of State | ||
Police, daily, in the form and detail the Department requires, | ||
copies of any recorded firearms restraining order issued by the | ||
court, and any foreign orders of protection filed by the clerk | ||
of the court, and transmitted to the sheriff by the clerk of | ||
the court under Section 50. Each firearms restraining order | ||
shall be entered in the Law Enforcement Agencies Data System | ||
(LEADS) on the same day it is issued by the court. If an | ||
emergency firearms restraining order was issued in accordance | ||
with Section 35 of this Act, the order shall be entered in the | ||
Law Enforcement Agencies Data System (LEADS) as soon as | ||
possible after receipt from the clerk. | ||
(b) The Department of State Police shall maintain a | ||
complete and systematic record and index of all valid and | ||
recorded firearms restraining orders issued or filed under this | ||
Act. The data shall be used to inform all dispatchers and law | ||
enforcement officers at the scene of a violation of firearms | ||
restraining order of the effective dates and terms of any | ||
recorded order of protection.
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(c) The data, records and transmittals required under this | ||
Section shall pertain to any valid emergency or 6-month | ||
firearms restraining order, whether issued in a civil or | ||
criminal proceeding or authorized under the laws of another | ||
state, tribe, or United States territory.
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Section 60. Filing of a firearms restraining order issued | ||
by another state.
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(a) A person who has sought a firearms restraining order or | ||
similar order issued by the court of another state, tribe, or | ||
United States territory may file a certified copy of the | ||
firearms restraining order with the clerk of the court in a | ||
judicial circuit in which the person believes that enforcement | ||
may be necessary.
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(b) The clerk shall:
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(1) treat the foreign firearms restraining order in the | ||
same manner as a judgment of the circuit court for any | ||
county of this State in accordance with the provisions of | ||
the Uniform Enforcement of Foreign Judgments Act, except | ||
that the clerk shall not mail notice of the filing of the | ||
foreign order to the respondent named in the order; and | ||
(2) on the same day that a foreign firearms restraining | ||
order is filed, file a certified copy of that order with | ||
the sheriff or other law enforcement officials charged with | ||
maintaining Department of State Police records as set forth | ||
in Section 55 of this Act. | ||
(c) Neither residence in this State nor filing of a foreign | ||
firearms restraining order shall be required for enforcement of | ||
the order by this State. Failure to file the foreign order | ||
shall not be an impediment to its treatment in all respects as | ||
an Illinois firearms restraining order. |
(d) The clerk shall not charge a fee to file a foreign | ||
order of protection under this Section.
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Section 65. Enforcement; sanctions for violation of order.
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A respondent who knowingly violates a firearms restraining | ||
order is guilty of a Class A misdemeanor. Prosecution for a | ||
violation of a firearms restraining order shall not bar | ||
concurrent prosecution for any other crime, including any crime | ||
that may have been committed at the time of the violation of | ||
the firearms restraining order.
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Section 70. Non-preclusion of remedies.
Nothing in this Act | ||
shall preclude a petitioner or law-enforcement officer from | ||
removing weapons under other authority, or filing criminal | ||
charges when probable cause exists.
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Section 75. Limited law enforcement liability. Any act of | ||
omission or commission by any law enforcement officer acting in | ||
good faith in rendering emergency assistance or otherwise | ||
enforcing this Act shall not impose civil liability upon the | ||
law enforcement officer or his or her supervisor or employer, | ||
unless the act is a result of willful or wanton misconduct. | ||
Section 80. Expungement or sealing of order. If the court | ||
denies issuance of a firearms restraining order against the | ||
respondent, all records of the proceeding shall be immediately |
expunged from the court records. If the firearms restraining | ||
order is granted, all records of the proceeding shall, 3 years | ||
after the expiration of the order, be sealed. | ||
Section 135. The Firearm Owners Identification Card Act is | ||
amended by changing Section 8.2 and adding Section 8.3 as | ||
follows: | ||
(430 ILCS 65/8.2) | ||
Sec. 8.2. Firearm Owner's Identification Card denial or | ||
revocation. The Department of State Police shall deny an | ||
application or shall revoke and seize a Firearm Owner's | ||
Identification Card previously issued under this Act if the | ||
Department finds that the applicant or person to whom such card | ||
was issued is or was at the time of issuance subject to an | ||
existing order of protection or firearms restraining order .
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(Source: P.A. 96-701, eff. 1-1-10.) | ||
(430 ILCS 65/8.3 new) | ||
Sec. 8.3. Suspension of Firearm Owner's Identification
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Card. The Department of State Police may, by rule in a manner
| ||
consistent with the Department's rules concerning revocation,
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provide for the suspension of the Firearm Owner's
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Identification Card of a person whose Firearm Owner's
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Identification Card is subject to revocation and seizure under
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this Act for the duration of the disqualification if the
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disqualification is not a permanent grounds for revocation of a
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Firearm Owner's Identification Card under this Act.
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Section 140. The Firearm Concealed Carry Act is amended by | ||
changing Section 70 as follows: | ||
(430 ILCS 66/70)
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Sec. 70. Violations. | ||
(a) A license issued or renewed under this Act shall be | ||
revoked if, at any time, the licensee is found to be ineligible | ||
for a license under this Act or the licensee no longer meets | ||
the eligibility requirements of the Firearm Owners | ||
Identification Card Act. | ||
(b) A license shall be suspended if an order of protection, | ||
including an emergency order of protection, plenary order of | ||
protection, or interim order of protection under Article 112A | ||
of the Code of Criminal Procedure of 1963 or under the Illinois | ||
Domestic Violence Act of 1986 , or if a firearms restraining | ||
order, including an emergency firearms restraining order, | ||
under the Firearms Restraining Order Act , is issued against a | ||
licensee for the duration of the order, or if the Department is | ||
made aware of a similar order issued against the licensee in | ||
any other jurisdiction. If an order of protection is issued | ||
against a licensee, the licensee shall surrender the license, | ||
as applicable, to the court at the time the order is entered or | ||
to the law enforcement agency or entity serving process at the |
time the licensee is served the order. The court, law | ||
enforcement agency, or entity responsible for serving the order | ||
of protection shall notify the Department within 7 days and | ||
transmit the license to the Department. | ||
(c) A license is invalid upon expiration of the license, | ||
unless the licensee has submitted an application to renew the | ||
license, and the applicant is otherwise eligible to possess a | ||
license under this Act. | ||
(d) A licensee shall not carry a concealed firearm while | ||
under the influence of alcohol, other drug or drugs, | ||
intoxicating compound or combination of compounds, or any | ||
combination thereof, under the standards set forth in | ||
subsection (a) of Section 11-501 of the Illinois Vehicle Code. | ||
A licensee in violation of this subsection (d) shall be | ||
guilty of a Class A misdemeanor for a first or second violation | ||
and a Class 4 felony for a third violation. The Department may | ||
suspend a license for up to 6 months for a second violation and | ||
shall permanently revoke a license for a third violation. | ||
(e) Except as otherwise provided, a licensee in violation | ||
of this Act shall be guilty of a Class B misdemeanor. A second | ||
or subsequent violation is a Class A misdemeanor. The | ||
Department may suspend a license for up to 6 months for a | ||
second violation and shall permanently revoke a license for 3 | ||
or more violations of Section 65 of this Act. Any person | ||
convicted of a violation under this Section shall pay a $150 | ||
fee to be deposited into the Mental Health Reporting Fund, plus |
any applicable court costs or fees. | ||
(f) A licensee convicted or found guilty of a violation of | ||
this Act who has a valid license and is otherwise eligible to | ||
carry a concealed firearm shall only be subject to the | ||
penalties under this Section and shall not be subject to the | ||
penalties under Section 21-6, paragraph (4), (8), or (10) of | ||
subsection (a) of Section 24-1, or subparagraph (A-5) or (B-5) | ||
of paragraph (3) of subsection (a) of Section 24-1.6 of the | ||
Criminal Code of 2012. Except as otherwise provided in this | ||
subsection, nothing in this subsection prohibits the licensee | ||
from being subjected to penalties for violations other than | ||
those specified in this Act. | ||
(g) A licensee whose license is revoked, suspended, or | ||
denied shall, within 48 hours of receiving notice of the | ||
revocation, suspension, or denial, surrender his or her | ||
concealed carry license to the local law enforcement agency | ||
where the person resides. The local law enforcement agency | ||
shall provide the licensee a receipt and transmit the concealed | ||
carry license to the Department of State Police. If the | ||
licensee whose concealed carry license has been revoked, | ||
suspended, or denied fails to comply with the requirements of | ||
this subsection, the law enforcement agency where the person | ||
resides may petition the circuit court to issue a warrant to | ||
search for and seize the concealed carry license in the | ||
possession and under the custody or control of the licensee | ||
whose concealed carry license has been revoked, suspended, or |
denied. The observation of a concealed carry license in the | ||
possession of a person whose license has been revoked, | ||
suspended, or denied constitutes a sufficient basis for the | ||
arrest of that person for violation of this subsection. A | ||
violation of this subsection is a Class A misdemeanor. | ||
(h) A license issued or renewed under this Act shall be | ||
revoked if, at any time, the licensee is found ineligible for a | ||
Firearm Owner's Identification Card, or the licensee no longer | ||
possesses a valid Firearm Owner's Identification Card. A | ||
licensee whose license is revoked under this subsection (h) | ||
shall surrender his or her concealed carry license as provided | ||
for in subsection (g) of this Section. | ||
This subsection shall not apply to a person who has filed | ||
an application with the State Police for renewal of a Firearm
| ||
Owner's Identification Card and who is not otherwise ineligible | ||
to obtain a Firearm Owner's Identification Card.
| ||
(i) A certified firearms instructor who knowingly provides | ||
or offers to provide a false certification that an applicant | ||
has completed firearms training as required under this Act is | ||
guilty of a Class A misdemeanor. A person guilty of a violation | ||
of this subsection (i) is not eligible for court supervision. | ||
The Department shall permanently revoke the firearms | ||
instructor certification of a person convicted under this | ||
subsection (i). | ||
(Source: P.A. 98-63, eff. 7-9-13; 98-756, eff. 7-16-14; 98-899, | ||
eff. 8-15-14.)
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