94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB0183


 
Introduced 1/12/2005, by Rep. Sidney H. Mathias
 
SYNOPSIS AS INTRODUCED:
 		














430 ILCS 65/10
  from Ch. 38, par. 83-10







    Amends the Firearm Owners Identification Card Act.  Provides that a person who has been denied an application for a Firearm Owner's Identification Card or whose Card was revoked or seized for certain specified reasons may petition the circuit court in the county where the original charges which  were the bases of the denial, revocation, or seizure were brought (rather than the circuit court in the county of the petitioner's residence).  If the act for which the denial, revocation, or seizure was given is based on an out-of-state criminal offense, then the person may petition the circuit court in the county of the petitioner's residence.  Provides that a copy of the petition must be served on the State's Attorney of the county where the petition is brought and the Department of State Police.  Provides that at the hearing on the petition, the Department may present evidence and object to the petition.
















LRB094 03906 RLC 33918 b

















 


 


A BILL FOR









 











HB0183

LRB094 03906 RLC 33918 b






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    AN ACT concerning firearms.

 
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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 5. The Firearm Owners Identification Card Act is 
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amended  by changing Section 10 as follows:
 



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    (430 ILCS 65/10)  (from Ch. 38, par. 83-10)



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    Sec. 10. (a) Whenever an application for a Firearm Owner's 
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Identification
Card is denied, whenever the Department fails to 
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act on an application
within 30 days of its receipt, or 
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whenever such a Card is revoked or seized
as provided for in 
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Section 8 of this Act, the aggrieved party may
appeal
to the 
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Director of the Department of State Police for a hearing upon

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such denial, revocation or seizure, unless the denial, 
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revocation, or seizure
was based upon a forcible felony, 
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stalking, aggravated stalking, domestic
battery, any violation 
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of either the Illinois Controlled Substances Act or the

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Cannabis Control Act that is classified as a Class 2 or greater 
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felony,
any
felony violation of Article 24 of the Criminal Code 
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of 1961, or any
adjudication as a delinquent minor for the 
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commission of an
offense that if committed by an adult would be 
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a felony, in which case the
aggrieved party may petition the 
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circuit court in writing in the county of
his or her residence 
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for a hearing upon such denial, revocation, or seizure. If the 
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original denial of the application for a Firearm Owner's 
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Identification Card by the Department or revocation or seizure 
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of the Firearm Owner's Identification Card by the Department 
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was based upon a finding by the Department for any of the 
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reasons described in paragraph (a), (c), (j), (k), (l), (m), 
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(o), or (p) of Section 8 of this Act, the aggrieved party may 
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petition the circuit court in the county where the original 
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charges which  were the bases of the denial, revocation, or 
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seizure were brought.  If the act for which the denial, 
 


 






HB0183
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LRB094 03906 RLC 33918 b




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revocation, or seizure was given is based on an out-of-state 
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criminal offense, then the aggrieved party may petition the 
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circuit court in the county of  the petitioner's residence.


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    (b) At least 30 days before any hearing in the circuit 
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court, the
petitioner shall serve the
relevant State's Attorney 
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of the county where the petition is brought and the Department

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with a copy of the petition.  The State's Attorney or the 
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Department
may object to the petition and present evidence.  At 
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the hearing the court
shall
determine whether substantial 
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justice has been done.  Should the court
determine that 
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substantial justice has not been done, the court shall issue an

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order directing the Department of State Police to issue a Card.

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    (c) Any person prohibited from possessing a firearm under 
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Sections 24-1.1
or 24-3.1 of the Criminal Code of 1961 or 
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acquiring a Firearm Owner's
Identification Card under Section 8 
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of this Act may apply to
the Director
of the Department of 
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State Police
or petition the circuit court in the county where 
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the petitioner resides or in the county in which the original 
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charges that were the bases of the prohibition were brought,

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whichever is applicable in accordance with subsection (a) of 
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this Section,
requesting relief
from such prohibition and the 
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Director or court may grant such relief if it
is
established by 
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the applicant to the court's or Director's satisfaction
that:


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        (0.05) when in the circuit court, the State's Attorney 
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    and the Department have
has been served
with a written
copy 
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    of the
petition at least 30 days before any such hearing in 
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    the circuit court and at
the hearing the
State's Attorney 
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    and the Department were
was afforded an opportunity to 
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    present evidence and object to
the petition;


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        (1) the applicant has not been convicted of a forcible 
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    felony under the
laws of this State or any other 
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    jurisdiction within 20 years of the
applicant's 
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    application for a Firearm Owner's Identification Card, or 
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    at
least 20 years have passed since the end of any period 
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    of imprisonment
imposed in relation to that conviction;


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        (2) the circumstances regarding a criminal conviction, 
 


 






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    where applicable,
the applicant's criminal history and his 
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    reputation are such that the applicant
will not be likely 
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    to act in a manner dangerous to public safety; and


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        (3) granting relief would not be contrary to the public 
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    interest.

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    (d) When a minor is adjudicated delinquent for an offense 
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which if
committed by an adult would be a felony, the court 
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shall notify the Department
of State Police.

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    (e) The court shall review the denial of an application or 
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the revocation of
a Firearm Owner's Identification Card of a 
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person who has been adjudicated
delinquent for an offense that 
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if
committed by an adult would be a felony if an
application 
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for relief has been filed at least 10 years after the 
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adjudication
of delinquency and the court determines that the 
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applicant should be
granted relief from disability to obtain a 
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Firearm Owner's Identification Card.
If the court grants 
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relief, the court shall notify the Department of State
Police 
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that the disability has
been removed and that the applicant is 
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eligible to obtain a Firearm Owner's
Identification Card.

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(Source: P.A. 92-442, eff. 8-17-01; 93-367, eff. 1-1-04.)