101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB4450

 

Introduced 2/3/2020, by Rep. Patrick Windhorst

 

SYNOPSIS AS INTRODUCED:
 
430 ILCS 65/10  from Ch. 38, par. 83-10

    Amends the Firearm Owners Identification Card Act. Provides that for any appeal permitted under the Act to the Director of the Illinois State Police for failure to act on a Firearm Owner's Identification Card application within 30 days or its denial, seizure, or revocation, the Director shall either grant or deny the appeal within 60 days of the receipt of the appeal. Provides that if the appeal is granted, the Director shall return the aggrieved party's Firearm Owner's Identification Card to the aggrieved party, or issue him or her a new Firearm Owner's Identification Card, as the case may be, no later than 7 business days after the appeal is granted. Provides that if the appeal is denied, the Director shall set forth in writing the specific reasons for the denial and shall cause the written denial to be mailed to the aggrieved party no later than 7 business days after the appeal is denied. Provides that if the Director fails to either grant or deny the appeal within 60 days of the receipt of the appeal, the appeal shall be considered granted, and the Director shall return the aggrieved party's Firearm Owner's Identification Card or issue him or her a new Firearm Owner's Identification Card, as the case may be, no later than 67 days from the date that the appeal was received. Provides that a denial shall be considered a final administrative order, regardless of whether there was a formal hearing in which evidence was taken, and the aggrieved party may seek judicial review of the final administrative order in accordance with the provisions of the Administrative Review Law and the Act. Provides that if administrative review is taken and if the circuit court then finds that the Director denied the appeal without reasonable cause, the circuit court may award the aggrieved party court costs and a reasonable attorney's fee to be paid by the State. Nothing herein limits the contempt power of the circuit court. Provides that when the word "shall" appears in this provision, it shall be construed as being mandatory and not discretionary.


LRB101 17186 RLC 66588 b

 

 

A BILL FOR

 

HB4450LRB101 17186 RLC 66588 b

1    AN ACT concerning safety.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Firearm Owners Identification Card Act is
5amended by changing Section 10 as follows:
 
6    (430 ILCS 65/10)  (from Ch. 38, par. 83-10)
7    Sec. 10. Appeal to director; hearing; relief from firearm
8prohibitions.
9    (a) Whenever an application for a Firearm Owner's
10Identification Card is denied, whenever the Department fails to
11act on an application within 30 days of its receipt, or
12whenever such a Card is revoked or seized as provided for in
13Section 8 of this Act, the aggrieved party may appeal to the
14Director of State Police for a hearing upon such denial,
15revocation or seizure, unless the denial, revocation, or
16seizure was based upon a forcible felony, stalking, aggravated
17stalking, domestic battery, any violation of the Illinois
18Controlled Substances Act, the Methamphetamine Control and
19Community Protection Act, or the Cannabis Control Act that is
20classified as a Class 2 or greater felony, any felony violation
21of Article 24 of the Criminal Code of 1961 or the Criminal Code
22of 2012, or any adjudication as a delinquent minor for the
23commission of an offense that if committed by an adult would be

 

 

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1a felony, in which case the aggrieved party may petition the
2circuit court in writing in the county of his or her residence
3for a hearing upon such denial, revocation, or seizure.
4    (b) At least 30 days before any hearing in the circuit
5court, the petitioner shall serve the relevant State's Attorney
6with a copy of the petition. The State's Attorney may object to
7the petition and present evidence. At the hearing the court
8shall determine whether substantial justice has been done.
9Should the court determine that substantial justice has not
10been done, the court shall issue an order directing the
11Department of State Police to issue a Card. However, the court
12shall not issue the order if the petitioner is otherwise
13prohibited from obtaining, possessing, or using a firearm under
14federal law.
15    (b-1) For any appeal to the Director of the Illinois State
16Police as set forth in subsection (a), the Director shall
17either grant or deny the appeal within 60 days of the receipt
18of the appeal. If the appeal is granted, the Director shall
19return the aggrieved party's Firearm Owner's Identification
20Card to the aggrieved party, or issue him or her a new Firearm
21Owner's Identification Card, as the case may be, no later than
227 business days after the appeal is granted. If the appeal is
23denied, the Director shall set forth in writing the specific
24reasons for the denial and shall cause the written denial to be
25mailed to the aggrieved party no later than 7 business days
26after the appeal is denied. If the Director fails to either

 

 

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1grant or deny the appeal within 60 days of the receipt of the
2appeal, the appeal shall be considered granted, and the
3Director shall return the aggrieved party's Firearm Owner's
4Identification Card or issue him or her a new Firearm Owner's
5Identification Card, as the case may be, no later than 67 days
6from the date that the appeal was received. A denial shall be
7considered a final administrative order, regardless of whether
8there was a formal hearing in which evidence was taken, and the
9aggrieved party may seek judicial review of the final
10administrative order in accordance with the provisions of the
11Administrative Review Law and Section 11 of this Act. If
12administrative review is taken and if the circuit court then
13finds that the Director denied the appeal without reasonable
14cause, the circuit court may award the aggrieved party court
15costs and a reasonable attorney's fee to be paid by the State.
16Nothing herein limits the contempt power of the circuit court.
17When the word "shall" appears in this subsection (b-1), it
18shall be construed as being mandatory and not discretionary.
19    (c) Any person prohibited from possessing a firearm under
20Sections 24-1.1 or 24-3.1 of the Criminal Code of 2012 or
21acquiring a Firearm Owner's Identification Card under Section 8
22of this Act may apply to the Director of State Police or
23petition the circuit court in the county where the petitioner
24resides, whichever is applicable in accordance with subsection
25(a) of this Section, requesting relief from such prohibition
26and the Director or court may grant such relief if it is

 

 

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1established by the applicant to the court's or Director's
2satisfaction that:
3        (0.05) when in the circuit court, the State's Attorney
4    has been served with a written copy of the petition at
5    least 30 days before any such hearing in the circuit court
6    and at the hearing the State's Attorney was afforded an
7    opportunity to present evidence and object to the petition;
8        (1) the applicant has not been convicted of a forcible
9    felony under the laws of this State or any other
10    jurisdiction within 20 years of the applicant's
11    application for a Firearm Owner's Identification Card, or
12    at least 20 years have passed since the end of any period
13    of imprisonment imposed in relation to that conviction;
14        (2) the circumstances regarding a criminal conviction,
15    where applicable, the applicant's criminal history and his
16    reputation are such that the applicant will not be likely
17    to act in a manner dangerous to public safety;
18        (3) granting relief would not be contrary to the public
19    interest; and
20        (4) granting relief would not be contrary to federal
21    law.
22    (c-5) (1) An active law enforcement officer employed by a
23unit of government, who is denied, revoked, or has his or her
24Firearm Owner's Identification Card seized under subsection
25(e) of Section 8 of this Act may apply to the Director of State
26Police requesting relief if the officer did not act in a manner

 

 

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1threatening to the officer, another person, or the public as
2determined by the treating clinical psychologist or physician,
3and as a result of his or her work is referred by the employer
4for or voluntarily seeks mental health evaluation or treatment
5by a licensed clinical psychologist, psychiatrist, or
6qualified examiner, and:
7        (A) the officer has not received treatment
8    involuntarily at a mental health facility, regardless of
9    the length of admission; or has not been voluntarily
10    admitted to a mental health facility for more than 30 days
11    and not for more than one incident within the past 5 years;
12    and
13        (B) the officer has not left the mental institution
14    against medical advice.
15    (2) The Director of State Police shall grant expedited
16relief to active law enforcement officers described in
17paragraph (1) of this subsection (c-5) upon a determination by
18the Director that the officer's possession of a firearm does
19not present a threat to themselves, others, or public safety.
20The Director shall act on the request for relief within 30
21business days of receipt of:
22        (A) a notarized statement from the officer in the form
23    prescribed by the Director detailing the circumstances
24    that led to the hospitalization;
25        (B) all documentation regarding the admission,
26    evaluation, treatment and discharge from the treating

 

 

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1    licensed clinical psychologist or psychiatrist of the
2    officer;
3        (C) a psychological fitness for duty evaluation of the
4    person completed after the time of discharge; and
5        (D) written confirmation in the form prescribed by the
6    Director from the treating licensed clinical psychologist
7    or psychiatrist that the provisions set forth in paragraph
8    (1) of this subsection (c-5) have been met, the person
9    successfully completed treatment, and their professional
10    opinion regarding the person's ability to possess
11    firearms.
12    (3) Officers eligible for the expedited relief in paragraph
13(2) of this subsection (c-5) have the burden of proof on
14eligibility and must provide all information required. The
15Director may not consider granting expedited relief until the
16proof and information is received.
17    (4) "Clinical psychologist", "psychiatrist", and
18"qualified examiner" shall have the same meaning as provided in
19Chapter I of the Mental Health and Developmental Disabilities
20Code.
21    (c-10) (1) An applicant, who is denied, revoked, or has his
22or her Firearm Owner's Identification Card seized under
23subsection (e) of Section 8 of this Act based upon a
24determination of a developmental disability or an intellectual
25disability may apply to the Director of State Police requesting
26relief.

 

 

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1    (2) The Director shall act on the request for relief within
260 business days of receipt of written certification, in the
3form prescribed by the Director, from a physician or clinical
4psychologist, or qualified examiner, that the aggrieved
5party's developmental disability or intellectual disability
6condition is determined by a physician, clinical psychologist,
7or qualified to be mild. If a fact-finding conference is
8scheduled to obtain additional information concerning the
9circumstances of the denial or revocation, the 60 business days
10the Director has to act shall be tolled until the completion of
11the fact-finding conference.
12    (3) The Director may grant relief if the aggrieved party's
13developmental disability or intellectual disability is mild as
14determined by a physician, clinical psychologist, or qualified
15examiner and it is established by the applicant to the
16Director's satisfaction that:
17        (A) granting relief would not be contrary to the public
18    interest; and
19        (B) granting relief would not be contrary to federal
20    law.
21    (4) The Director may not grant relief if the condition is
22determined by a physician, clinical psychologist, or qualified
23examiner to be moderate, severe, or profound.
24    (5) The changes made to this Section by this amendatory Act
25of the 99th General Assembly apply to requests for relief
26pending on or before the effective date of this amendatory Act,

 

 

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1except that the 60-day period for the Director to act on
2requests pending before the effective date shall begin on the
3effective date of this amendatory Act.
4    (d) When a minor is adjudicated delinquent for an offense
5which if committed by an adult would be a felony, the court
6shall notify the Department of State Police.
7    (e) The court shall review the denial of an application or
8the revocation of a Firearm Owner's Identification Card of a
9person who has been adjudicated delinquent for an offense that
10if committed by an adult would be a felony if an application
11for relief has been filed at least 10 years after the
12adjudication of delinquency and the court determines that the
13applicant should be granted relief from disability to obtain a
14Firearm Owner's Identification Card. If the court grants
15relief, the court shall notify the Department of State Police
16that the disability has been removed and that the applicant is
17eligible to obtain a Firearm Owner's Identification Card.
18    (f) Any person who is subject to the disabilities of 18
19U.S.C. 922(d)(4) and 922(g)(4) of the federal Gun Control Act
20of 1968 because of an adjudication or commitment that occurred
21under the laws of this State or who was determined to be
22subject to the provisions of subsections (e), (f), or (g) of
23Section 8 of this Act may apply to the Department of State
24Police requesting relief from that prohibition. The Director
25shall grant the relief if it is established by a preponderance
26of the evidence that the person will not be likely to act in a

 

 

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1manner dangerous to public safety and that granting relief
2would not be contrary to the public interest. In making this
3determination, the Director shall receive evidence concerning
4(i) the circumstances regarding the firearms disabilities from
5which relief is sought; (ii) the petitioner's mental health and
6criminal history records, if any; (iii) the petitioner's
7reputation, developed at a minimum through character witness
8statements, testimony, or other character evidence; and (iv)
9changes in the petitioner's condition or circumstances since
10the disqualifying events relevant to the relief sought. If
11relief is granted under this subsection or by order of a court
12under this Section, the Director shall as soon as practicable
13but in no case later than 15 business days, update, correct,
14modify, or remove the person's record in any database that the
15Department of State Police makes available to the National
16Instant Criminal Background Check System and notify the United
17States Attorney General that the basis for the record being
18made available no longer applies. The Department of State
19Police shall adopt rules for the administration of this
20Section.
21(Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15; 99-78,
22eff. 7-20-15.)