102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB5788
 
Introduced 11/16/2022, by Rep. Keith R. Wheeler
 
SYNOPSIS AS INTRODUCED:
 

 
430 ILCS 67/10

     Amends the Firearms Restraining Order Act.  Provides that a  firearms restraining order may be granted against a respondent under the Act regardless of  whether the respondent has in his or her custody or control a firearm, ammunition, or firearm parts
that could be assembled to make an operable firearm.
  


LRB102 28590 RLC 40480 b

 
 
A BILL FOR
 

  
HB5788LRB102 28590 RLC 40480 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 Firearms Restraining Order Act is amended  
5by changing Section 10 as follows:
 
6    (430 ILCS 67/10)
7    Sec. 10. Commencement of action; procedure.

8    (a) An action for a firearms restraining order is 
9commenced by filing a verified petition for a firearms 
10restraining order  in any circuit court.

11    (b) A petition for a firearms restraining order  may be 
12filed in: (1) any county where the respondent resides or (2) 
13any county where an incident occurred that involved the 
14respondent posing an immediate and present danger of causing 
15personal injury to the respondent or another by having in his 
16or her custody or control, or purchasing, possessing, or 
17receiving, a firearm, ammunition, or firearm parts
that could 
18be assembled to make an operable firearm.

19    (c) No fee shall be charged by the clerk for filing, 
20amending, vacating, certifying, printing, or photocopying 
21petitions or orders; or for issuing alias summons; or for any 
22related filing service. No fee shall be charged by the sheriff 
23or other law enforcement for service by the sheriff or other 
 
 
HB5788- 2 -LRB102 28590 RLC 40480 b

1law enforcement of a petition, rule, motion, or order in an 
2action commenced under this Section.
3    (d) The court shall provide, through the office of the 
4clerk of the court, simplified forms and clerical assistance 
5to help 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    (e) A firearms restraining order may be granted against a 
9respondent under this Act regardless of  whether the respondent 
10has in his or her custody or control a firearm, ammunition, or 
11firearm parts
that could be assembled to make an operable 
12firearm. 
13(Source: P.A. 101-81, eff. 7-12-19; 102-345, eff. 6-1-22.)