Rep. Kathleen Willis

Filed: 4/26/2018

 

 


 

 


 
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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, owning, purchasing, possessing,
14or receiving 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, owning, purchasing,
10    possessing, 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, owning,
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, owning,
15purchasing, possessing, or receiving a firearm. The petition
16shall also describe the type, and location of any firearm or
17firearms presently believed by the petitioner to be possessed
18or controlled 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, owning,
25purchasing, possessing, or receiving a firearm the circuit or
26associate judge 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, owning, purchasing, possessing, or
12    receiving additional firearms for the duration of the
13    order; and
14        (2) the respondent to turn over to the local law
15    enforcement agency any Firearm Owner's Identification Card
16    and concealed carry license in his or her possession. The
17    local law enforcement agency shall immediately mail the
18    card and concealed carry license to the Department of State
19    Police Firearm Services Bureau for safekeeping. The
20    firearm or firearms and Firearm Owner's Identification
21    Card and concealed carry license, if unexpired, shall be
22    returned to the respondent after the firearms restraining
23    order is terminated or expired.
24    (h) Except as otherwise provided in subsection (h-5) of
25this Section, upon expiration of the period of safekeeping, if
26the firearms or Firearm Owner's Identification Card and

 

 

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1concealed carry license cannot be returned to respondent
2because respondent cannot be located, fails to respond to
3requests to retrieve the firearms, or is not lawfully eligible
4to possess a firearm, upon petition from the local law
5enforcement agency, the court may order the local law
6enforcement agency to destroy the firearms, use the firearms
7for training purposes, or for any other application as deemed
8appropriate by the local law enforcement agency.
9    (h-5) A respondent whose Firearm Owner's Identification
10Card has been revoked or suspended may petition the court, if
11the petitioner is present in court or has notice of the
12respondent's petition, to transfer the respondent's firearm to
13a person who is lawfully able to possess the firearm if the
14person does not reside at the same address as the respondent.
15Notice of the petition shall be served upon the person
16protected by the emergency firearms restraining order. While
17the order is in effect, the transferee who receives
18respondent's firearms must swear or affirm by affidavit that he
19or she shall not transfer the firearm to the respondent or to
20anyone residing in the same residence as the respondent.
21    (i) In accordance with subsection (e) of this Section, the
22court shall schedule a full hearing as soon as possible, but no
23longer than 14 days from the issuance of an ex parte firearms
24restraining order, to determine if a 6-month firearms
25restraining order shall be issued. The court may extend an ex
26parte order as needed, but not to exceed 14 days, to effectuate

 

 

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1service of the order or if necessary to continue protection.
2The court may extend the order for a greater length of time by
3mutual agreement of the parties.
 
4    Section 40. Six month orders.
5    (a) A petitioner may request a 6-month firearms restraining
6order by filing an affidavit or verified pleading alleging that
7the respondent poses a significant danger of causing personal
8injury to himself, herself, or another in the near future by
9having in his or her custody or control, owning, purchasing,
10possessing, or receiving a firearm. The petition shall also
11describe the number, types, and locations of any firearms
12presently believed by the petitioner to be possessed or
13controlled by the respondent.
14    (b) If the respondent is alleged to pose a significant
15danger of causing personal injury to an intimate partner, or an
16intimate partner is alleged to have been the target of a threat
17or act of violence by the respondent, petitioner shall make a
18good faith effort to provide notice to any and all intimate
19partners of the respondent. The notice must include that the
20petitioner intends to petition the court for a 6-month firearms
21restraining order, and, if petitioner is a law enforcement
22officer, referral to relevant domestic violence or stalking
23advocacy or counseling resources, if appropriate. Petitioner
24shall attest to having provided the notice in the filed
25affidavit or verified pleading. If after making a good faith

 

 

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1effort petitioner is unable to provide notice to any or all
2intimate partners, the affidavit or verified pleading should
3describe what efforts were made.
4    (c) Every person who files a petition for a 6-month
5firearms restraining order, knowing the information provided
6to the court at any hearing or in the affidavit or verified
7pleading to be false, is guilty of perjury under Section 32-2
8of the Criminal Code of 2012.
9    (d) Upon receipt of a petition for a 6-month firearms
10restraining order, the court shall order a hearing within 30
11days.
12    (e) In determining whether to issue a firearms restraining
13order under this Section, the court shall consider evidence
14including, but not limited to, the following:
15        (1) The unlawful and reckless use, display, or
16    brandishing of a firearm by the respondent.
17        (2) The history of use, attempted use, or threatened
18    use of physical force by the respondent against another
19    person.
20        (3) Any prior arrest of the respondent for a felony
21    offense.
22        (4) Evidence of the abuse of controlled substances or
23    alcohol by the respondent.
24        (5) A recent threat of violence or act of violence by
25    the respondent directed toward himself, herself, or
26    another.

 

 

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1        (6) A violation of an emergency order of protection
2    issued under Section 217 of the Illinois Domestic Violence
3    Act of 1986 or Section 112A-17 of the Code of Criminal
4    Procedure of 1963 or of an order of protection issued under
5    Section 214 of the Illinois Domestic Violence Act of 1986
6    or Section 112A-14 of the Code of Criminal Procedure of
7    1963.     
8        (7) A pattern of violent acts or violent threats,
9    including, but not limited to, threats of violence or acts
10    of violence by the respondent directed toward himself,
11    herself, or another.
12    (f) At the hearing, the petitioner shall have the burden of
13proving, by clear and convincing evidence, that the respondent
14poses a significant danger of personal injury to himself,
15herself, or another by having in his or her custody or control,
16owning, purchasing, possessing, or receiving a firearm.
17    (g) If the court finds that there is clear and convincing
18evidence to issue a firearms restraining order, the court shall
19issue a firearms restraining order that shall be in effect for
206 months subject to renewal under Section 45 of this Act or
21termination under that Section.
22    (g-5) If the court issues a 6-month firearms restraining
23order, it shall, upon a finding of probable cause that the
24respondent possesses firearms, issue a search warrant
25directing a law enforcement agency to seize the respondent's
26firearms. The court may, as part of that warrant, direct the

 

 

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

 

 

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1law enforcement agency to destroy the firearms, use the
2firearms for training purposes, or for any other application as
3deemed appropriate by the local law enforcement agency.
4    (j-5) A respondent whose Firearm Owner's Identification
5Card has been revoked or suspended may petition the court, if
6the petitioner is present in court or has notice of the
7respondent's petition, to transfer the respondent's firearm to
8a person who is lawfully able to possess the firearm if the
9person does not reside at the same address as the respondent.
10Notice of the petition shall be served upon the person
11protected by the emergency firearms restraining order. While
12the order is in effect, the transferee who receives
13respondent's firearms must swear or affirm by affidavit that he
14or she shall not transfer the firearm to the respondent or to
15any one residing in the same residence as the respondent.
16    (k) If the court does not issue a firearms restraining
17order at the hearing, the court shall dissolve any emergency
18firearms restraining order then in effect.
19    (l) When the court issues a firearms restraining order
20under this Section, the court shall inform the respondent that
21he or she is entitled to one hearing during the period of the
22order to request a termination of the order, under Section 45
23of this Act, and shall provide the respondent with a form to
24request a hearing.
 
25    Section 45. Termination and renewal.

 

 

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

 

 

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

 

 

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1order with the sheriff or other law enforcement officials
2charged with maintaining Department of State Police records or
3charged with serving the order upon respondent. If the order
4was issued in accordance with Section 35 of this Act (emergency
5firearms restraining order), the clerk shall on the next court
6day, file a certified copy of the order with the sheriff or
7other law enforcement officials charged with maintaining
8Department of State Police records.
9    (c) Service by sheriff. Unless respondent was present in
10court when the order was issued, the sheriff or other law
11enforcement official shall promptly serve that order upon
12respondent and file proof of the service, in the manner
13provided for service of process in civil proceedings. Instead
14of serving the order upon the respondent, however, the sheriff,
15other law enforcement official, or other persons defined in
16Section 112A-22.10 of the Criminal Code of 1963 may serve the
17respondent with a short form notification as provided in that
18Section. If process has not yet been served upon the
19respondent, it shall be served with the order or short form
20notification if the service is made by the sheriff, or other
21law enforcement official.
22    (d) Any order renewing or terminating any firearms
23restraining order shall be promptly recorded, issued, and
24served as provided in this Section.
 
25    Section 55. Data maintenance by law enforcement agencies.

 

 

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1    (a) All sheriffs shall furnish to the Department of State
2Police, daily, in the form and detail the Department requires,
3copies of any recorded firearms restraining order issued by the
4court, and any foreign orders of protection filed by the clerk
5of the court, and transmitted to the sheriff by the clerk of
6the court under Section 50. Each firearms restraining order
7shall be entered in the Law Enforcement Agencies Data System
8(LEADS) on the same day it is issued by the court. If an
9emergency firearms restraining order was issued in accordance
10with Section 35 of this Act, the order shall be entered in the
11Law Enforcement Agencies Data System (LEADS) as soon as
12possible after receipt from the clerk.
13    (b) The Department of State Police shall maintain a
14complete and systematic record and index of all valid and
15recorded firearms restraining orders issued or filed under this
16Act. The data shall be used to inform all dispatchers and law
17enforcement officers at the scene of a violation of firearms
18restraining order of the effective dates and terms of any
19recorded order of protection.
20    (c) The data, records and transmittals required under this
21Section shall pertain to any valid emergency or 6-month
22firearms restraining order, whether issued in a civil or
23criminal proceeding or authorized under the laws of another
24state, tribe, or United States territory.
 
25    Section 60. Filing of a firearms restraining order issued

 

 

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1by another state.
2    (a) A person who has sought a firearms restraining order or
3similar order issued by the court of another state, tribe, or
4United States territory may file a certified copy of the
5firearms restraining order with the clerk of the court in a
6judicial circuit in which the person believes that enforcement
7may be necessary.
8    (b) The clerk shall:
9        (1) treat the foreign firearms restraining order in the
10    same manner as a judgment of the circuit court for any
11    county of this State in accordance with the provisions of
12    the Uniform Enforcement of Foreign Judgments Act, except
13    that the clerk shall not mail notice of the filing of the
14    foreign order to the respondent named in the order; and
15        (2) on the same day that a foreign firearms restraining
16    order is filed, file a certified copy of that order with
17    the sheriff or other law enforcement officials charged with
18    maintaining Department of State Police records as set forth
19    in Section 55 of this Act.
20    (c) Neither residence in this State nor filing of a foreign
21firearms restraining order shall be required for enforcement of
22the order by this State. Failure to file the foreign order
23shall not be an impediment to its treatment in all respects as
24an Illinois firearms restraining order.
25    (d) The clerk shall not charge a fee to file a foreign
26order of protection under this Section.
 

 

 

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

 

 

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1after the expiration of the order, be sealed.
 
2    Section 135. The Firearm Owners Identification Card Act is
3amended by changing Section 8.2 and adding Section 8.3 as
4follows:
 
5    (430 ILCS 65/8.2)
6    Sec. 8.2. Firearm Owner's Identification Card denial or
7revocation. The Department of State Police shall deny an
8application or shall revoke and seize a Firearm Owner's
9Identification Card previously issued under this Act if the
10Department finds that the applicant or person to whom such card
11was issued is or was at the time of issuance subject to an
12existing order of protection or firearms restraining order.
13(Source: P.A. 96-701, eff. 1-1-10.)
 
14    (430 ILCS 65/8.3 new)
15    Sec. 8.3. Suspension of Firearm Owner's Identification
16Card. The Department of State Police may, by rule in a manner
17consistent with the Department's rules concerning revocation,
18provide for the suspension of the Firearm Owner's
19Identification Card of a person whose Firearm Owner's
20Identification Card is subject to revocation and seizure under
21this Act for the duration of the disqualification if the
22disqualification is not a permanent grounds for revocation of a
23Firearm Owner's Identification Card under this Act.
 

 

 

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1    Section 140. The Firearm Concealed Carry Act is amended by
2changing Section 70 as follows:
 
3    (430 ILCS 66/70)
4    Sec. 70. Violations.
5    (a) A license issued or renewed under this Act shall be
6revoked if, at any time, the licensee is found to be ineligible
7for a license under this Act or the licensee no longer meets
8the eligibility requirements of the Firearm Owners
9Identification Card Act.
10    (b) A license shall be suspended if an order of protection,
11including an emergency order of protection, plenary order of
12protection, or interim order of protection under Article 112A
13of the Code of Criminal Procedure of 1963 or under the Illinois
14Domestic Violence Act of 1986, or if a firearms restraining
15order, including an emergency firearms restraining order,
16under the Firearms Restraining Order Act, is issued against a
17licensee for the duration of the order, or if the Department is
18made aware of a similar order issued against the licensee in
19any other jurisdiction. If an order of protection is issued
20against a licensee, the licensee shall surrender the license,
21as applicable, to the court at the time the order is entered or
22to the law enforcement agency or entity serving process at the
23time the licensee is served the order. The court, law
24enforcement agency, or entity responsible for serving the order

 

 

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

 

 

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

 

 

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