102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB3198

 

Introduced 1/14/2022, by Sen. Terri Bryant

 

SYNOPSIS AS INTRODUCED:
 
430 ILCS 65/8  from Ch. 38, par. 83-8
430 ILCS 65/8.1  from Ch. 38, par. 83-8.1
430 ILCS 65/8.2
430 ILCS 65/8.3
430 ILCS 65/10  from Ch. 38, par. 83-10

    Amends the Firearm Owners Identification Card Act. Provides that notwithstanding any other provision of the Act to the contrary, on or after the effective date of the amendatory Act, the Illinois State Police may not revoke a Firearm Owner's Identification Card. Provides that on or after the effective date of the amendatory Act, a Firearm Owner's Identification Card may only be revoked after a Firearm Owner's Identification Card hearing has been held in the circuit court of the county of residence of the person whose Firearm Owner's Identification Card is sought to be revoked. Provides that if the State's Attorney of the county of residence of the person whose Firearm Owner's Identification Card is sought to be revoked has probable cause to believe that the person who has been issued a Firearm Owner's Identification Card is no longer eligible for the Card under the Act, the State's Attorney shall file a petition in the circuit court of the county of residence of the person whose Card is sought to be revoked. Provides that at the hearing, the person may present evidence in his or her favor seeking retention of his or her Firearm Owner's Identification Card and the Illinois State Police and State's Attorney may present evidence for revocation. Provides that the hearing shall be a civil proceeding and subject to due process, the Code of Civil Procedure, and the Illinois Rules of Evidence as adopted by the Supreme Court. Provides that the hearing shall be held within 45 days after the filing of the petition. Provides that if the circuit court determines, by clear and convincing evidence, that the person is ineligible for retention of his or her Firearm Owner's Identification Card under the Act, the court shall order the Illinois State Police to immediately revoke the Card and the circuit clerk shall seize the Card and transmit the Card to the Illinois State Police. Establishes procedures for the Illinois State Police to suspend a Firearm Owner's Identification Card Act.


LRB102 23233 RLC 32397 b

 

 

A BILL FOR

 

SB3198LRB102 23233 RLC 32397 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 Sections 8, 8.1, 8.2, 8.3, and 10 as
6follows:
 
7    (430 ILCS 65/8)  (from Ch. 38, par. 83-8)
8    Sec. 8. Grounds for denial and revocation. The Illinois
9State Police has authority to deny an application for or to
10revoke and seize a Firearm Owner's Identification Card
11previously issued under this Act and the circuit court of the
12county of the person's residence has the authority to revoke
13and order the seizure of the person's Firearm Owner's
14Identification Card under subsection (g) of Section 10 only if
15the Illinois State Police or circuit court Department finds
16that the applicant or the person to whom such card was issued
17is or was at the time of issuance:
18        (a) A person under 21 years of age who has been
19    convicted of a misdemeanor other than a traffic offense or
20    adjudged delinquent;
21        (b) This subsection (b) applies through the 180th day
22    following July 12, 2019 (the effective date of Public Act
23    101-80) this amendatory Act of the 101st General Assembly.

 

 

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1    A person under 21 years of age who does not have the
2    written consent of his parent or guardian to acquire and
3    possess firearms and firearm ammunition, or whose parent
4    or guardian has revoked such written consent, or where
5    such parent or guardian does not qualify to have a Firearm
6    Owner's Identification Card;
7        (b-5) This subsection (b-5) applies on and after the
8    181st day following July 12, 2019 (the effective date of
9    Public Act 101-80) this amendatory Act of the 101st
10    General Assembly. A person under 21 years of age who is not
11    an active duty member of the United States Armed Forces
12    and does not have the written consent of his or her parent
13    or guardian to acquire and possess firearms and firearm
14    ammunition, or whose parent or guardian has revoked such
15    written consent, or where such parent or guardian does not
16    qualify to have a Firearm Owner's Identification Card;
17        (c) A person convicted of a felony under the laws of
18    this or any other jurisdiction;
19        (d) A person addicted to narcotics;
20        (e) A person who has been a patient of a mental health
21    facility within the past 5 years or a person who has been a
22    patient in a mental health facility more than 5 years ago
23    who has not received the certification required under
24    subsection (u) of this Section. An active law enforcement
25    officer employed by a unit of government or a Department
26    of Corrections employee authorized to possess firearms who

 

 

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1    is denied, revoked, or has his or her Firearm Owner's
2    Identification Card seized under this subsection (e) may
3    obtain relief as described in subsection (c-5) of Section
4    10 of this Act if the officer or employee did not act in a
5    manner threatening to the officer or employee, another
6    person, or the public as determined by the treating
7    clinical psychologist or physician, and the officer or
8    employee seeks mental health treatment;
9        (f) A person whose mental condition is of such a
10    nature that it poses a clear and present danger to the
11    applicant, any other person or persons, or the community;
12        (g) A person who has an intellectual disability;
13        (h) A person who intentionally makes a false statement
14    in the Firearm Owner's Identification Card application;
15        (i) An alien who is unlawfully present in the United
16    States under the laws of the United States;
17        (i-5) An alien who has been admitted to the United
18    States under a non-immigrant visa (as that term is defined
19    in Section 101(a)(26) of the Immigration and Nationality
20    Act (8 U.S.C. 1101(a)(26))), except that this subsection
21    (i-5) does not apply to any alien who has been lawfully
22    admitted to the United States under a non-immigrant visa
23    if that alien is:
24            (1) admitted to the United States for lawful
25        hunting or sporting purposes;
26            (2) an official representative of a foreign

 

 

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1        government who is:
2                (A) accredited to the United States Government
3            or the Government's mission to an international
4            organization having its headquarters in the United
5            States; or
6                (B) en route to or from another country to
7            which that alien is accredited;
8            (3) an official of a foreign government or
9        distinguished foreign visitor who has been so
10        designated by the Department of State;
11            (4) a foreign law enforcement officer of a
12        friendly foreign government entering the United States
13        on official business; or
14            (5) one who has received a waiver from the
15        Attorney General of the United States pursuant to 18
16        U.S.C. 922(y)(3);
17        (j) (Blank);
18        (k) A person who has been convicted within the past 5
19    years of battery, assault, aggravated assault, violation
20    of an order of protection, or a substantially similar
21    offense in another jurisdiction, in which a firearm was
22    used or possessed;
23        (l) A person who has been convicted of domestic
24    battery, aggravated domestic battery, or a substantially
25    similar offense in another jurisdiction committed before,
26    on or after January 1, 2012 (the effective date of Public

 

 

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1    Act 97-158). If the applicant or person who has been
2    previously issued a Firearm Owner's Identification Card
3    under this Act knowingly and intelligently waives the
4    right to have an offense described in this paragraph (l)
5    tried by a jury, and by guilty plea or otherwise, results
6    in a conviction for an offense in which a domestic
7    relationship is not a required element of the offense but
8    in which a determination of the applicability of 18 U.S.C.
9    922(g)(9) is made under Section 112A-11.1 of the Code of
10    Criminal Procedure of 1963, an entry by the court of a
11    judgment of conviction for that offense shall be grounds
12    for denying an application for and for revoking and
13    seizing a Firearm Owner's Identification Card previously
14    issued to the person under this Act;
15        (m) (Blank);
16        (n) A person who is prohibited from acquiring or
17    possessing firearms or firearm ammunition by any Illinois
18    State statute or by federal law;
19        (o) A minor subject to a petition filed under Section
20    5-520 of the Juvenile Court Act of 1987 alleging that the
21    minor is a delinquent minor for the commission of an
22    offense that if committed by an adult would be a felony;
23        (p) An adult who had been adjudicated a delinquent
24    minor under the Juvenile Court Act of 1987 for the
25    commission of an offense that if committed by an adult
26    would be a felony;

 

 

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1        (q) A person who is not a resident of the State of
2    Illinois, except as provided in subsection (a-10) of
3    Section 4;
4        (r) A person who has been adjudicated as a person with
5    a mental disability;
6        (s) A person who has been found to have a
7    developmental disability;
8        (t) A person involuntarily admitted into a mental
9    health facility; or
10        (u) A person who has had his or her Firearm Owner's
11    Identification Card revoked or denied under subsection (e)
12    of this Section or item (iv) of paragraph (2) of
13    subsection (a) of Section 4 of this Act because he or she
14    was a patient in a mental health facility as provided in
15    subsection (e) of this Section, shall not be permitted to
16    obtain a Firearm Owner's Identification Card, after the
17    5-year period has lapsed, unless he or she has received a
18    mental health evaluation by a physician, clinical
19    psychologist, or qualified examiner as those terms are
20    defined in the Mental Health and Developmental
21    Disabilities Code, and has received a certification that
22    he or she is not a clear and present danger to himself,
23    herself, or others. The physician, clinical psychologist,
24    or qualified examiner making the certification and his or
25    her employer shall not be held criminally, civilly, or
26    professionally liable for making or not making the

 

 

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1    certification required under this subsection, except for
2    willful or wanton misconduct. This subsection does not
3    apply to a person whose firearm possession rights have
4    been restored through administrative or judicial action
5    under Section 10 or 11 of this Act.
6    Upon revocation of a person's Firearm Owner's
7Identification Card, the Illinois State Police shall provide
8notice to the person and the person shall comply with Section
99.5 of this Act.
10(Source: P.A. 101-80, eff. 7-12-19; 102-538, eff. 8-20-21;
11102-645, eff. 1-1-22; revised 10-14-21.)
 
12    (430 ILCS 65/8.1)  (from Ch. 38, par. 83-8.1)
13    Sec. 8.1. Notifications to the Illinois State Police and
14State's Attorney.
15    (a) The Circuit Clerk shall, in the form and manner
16required by the Supreme Court, notify the Illinois State
17Police and the State's Attorney of the county of residence of
18the person for which the disposition is applicable of all
19final dispositions of cases for which the Illinois State
20Police Department has received information reported to it
21under Sections 2.1 and 2.2 of the Criminal Identification Act.
22    (b) Upon adjudication of any individual as a person with a
23mental disability as defined in Section 1.1 of this Act or a
24finding that a person has been involuntarily admitted, the
25court shall direct the circuit court clerk to immediately

 

 

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1notify the Illinois State Police, Firearm Owner's
2Identification (FOID) department and the State's Attorney of
3the county of residence of the person adjudicated with the
4mental disability or involuntarily admitted, and shall forward
5a copy of the court order to the Illinois State Police
6Department.
7    (b-1) Beginning July 1, 2016, and each July 1 and December
830 of every year thereafter, the circuit court clerk shall, in
9the form and manner prescribed by the Illinois State Police,
10notify the Illinois State Police, Firearm Owner's
11Identification (FOID) department if the court has not directed
12the circuit court clerk to notify the Illinois State Police,
13Firearm Owner's Identification (FOID) department under
14subsection (b) of this Section, within the preceding 6 months,
15because no person has been adjudicated as a person with a
16mental disability by the court as defined in Section 1.1 of
17this Act or if no person has been involuntarily admitted. The
18Supreme Court may adopt any orders or rules necessary to
19identify the persons who shall be reported to the Illinois
20State Police under subsection (b), or any other orders or
21rules necessary to implement the requirements of this Act.
22    (c) The Department of Human Services shall, in the form
23and manner prescribed by the Illinois State Police, report all
24information collected under subsection (b) of Section 12 of
25the Mental Health and Developmental Disabilities
26Confidentiality Act for the purpose of determining whether a

 

 

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1person who may be or may have been a patient in a mental health
2facility is disqualified under State or federal law from
3receiving or retaining a Firearm Owner's Identification Card,
4or purchasing a weapon.
5    (d) If a person is determined to pose a clear and present
6danger to himself, herself, or to others:
7        (1) by a physician, clinical psychologist, or
8    qualified examiner, or is determined to have a
9    developmental disability by a physician, clinical
10    psychologist, or qualified examiner, whether employed by
11    the State or privately, then the physician, clinical
12    psychologist, or qualified examiner shall, within 24 hours
13    of making the determination, notify the Department of
14    Human Services that the person poses a clear and present
15    danger or has a developmental disability; or
16        (2) by a law enforcement official or school
17    administrator, then the law enforcement official or school
18    administrator shall, within 24 hours of making the
19    determination, notify the Illinois State Police and the
20    State's Attorney of the county of residence that the
21    person poses a clear and present danger.
22    The Department of Human Services shall immediately update
23its records and information relating to mental health and
24developmental disabilities, and if appropriate, shall notify
25the Illinois State Police in a form and manner prescribed by
26the Illinois State Police and the State's Attorney of the

 

 

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1county of residence of the person. The State's Attorney of the
2county of residence of the person Illinois State Police shall
3determine whether to seek a hearing before the circuit court
4of residence of the person to revoke the person's Firearm
5Owner's Identification Card under Section 8 of this Act. Any
6information disclosed under this subsection shall remain
7privileged and confidential, and shall not be redisclosed,
8except as required under subsection (e) of Section 3.1 of this
9Act, nor used for any other purpose. The method of providing
10this information shall guarantee that the information is not
11released beyond what is necessary for the purpose of this
12Section and shall be provided by rule by the Department of
13Human Services. The identity of the person reporting under
14this Section shall not be disclosed to the subject of the
15report. The physician, clinical psychologist, qualified
16examiner, law enforcement official, or school administrator
17making the determination and his or her employer shall not be
18held criminally, civilly, or professionally liable for making
19or not making the notification required under this subsection,
20except for willful or wanton misconduct.
21    (e) The Supreme Court Illinois State Police shall adopt
22rules to implement this Section.
23(Source: P.A. 102-538, eff. 8-20-21.)
 
24    (430 ILCS 65/8.2)
25    Sec. 8.2. Firearm Owner's Identification Card denial,

 

 

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1suspension, or revocation. The Illinois State Police shall
2deny an application or shall suspend or revoke and seize a
3Firearm Owner's Identification Card previously issued under
4this Act if the Department finds that the applicant or person
5to whom such card was issued is or was at the time of issuance
6subject to a protective order issued under the laws of this or
7any other jurisdiction. When the duration of the protective
8order is expected to be less than 45 days one year, the
9Illinois State Police may suspend the Firearm Owner's
10Identification Card under Section 8.3 of the Act and shall
11reinstate it upon conclusion of the suspension if no other
12grounds for denial or revocation are found under Section 8 of
13the Act.
14(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21.)
 
15    (430 ILCS 65/8.3)
16    Sec. 8.3. Suspension of Firearm Owner's Identification
17Card. The Illinois State Police may suspend the Firearm
18Owner's Identification Card of a person whose Firearm Owner's
19Identification Card is subject to revocation and seizure under
20this Act for a period of not less than 30 days and not more
21than 45 days. The Illinois State Police shall schedule a
22revocation hearing with the clerk of the circuit court and the
23State's Attorney of the county of the person's residence not
24less than 30 days and not more than 45 days after the
25suspension of the person's Firearm Owner's Identification

 

 

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1Card. If the hearing is not scheduled within that 45-day
2period, the Illinois State Police shall reinstate the person's
3Firearm Owner's Identification Card and may not seek
4revocation of that person's Firearm Owner's Identification
5Card. The hearing shall be conducted in the manner provided in
6subsection (g) of Section 10. the duration of the
7disqualification if the disqualification is not a permanent
8grounds for revocation of a Firearm Owner's Identification
9Card under this Act. The Illinois State Police may adopt rules
10necessary to implement this Section.
11(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
12revised 10-15-21.)
 
13    (430 ILCS 65/10)  (from Ch. 38, par. 83-10)
14    Sec. 10. Appeals; hearing; relief from firearm
15prohibitions.
16    (a) Whenever an application for a Firearm Owner's
17Identification Card is denied or whenever such a Card is
18revoked or seized as provided for in Section 8 of this Act, the
19aggrieved party may (1) file a record challenge with the
20Director regarding the record upon which the decision to deny
21or revoke the Firearm Owner's Identification Card was based
22under subsection (a-5); or (2) appeal to the Director of the
23Illinois State Police through December 31, 2022, or beginning
24January 1, 2023, the Firearm Owner's Identification Card
25Review Board for a hearing seeking relief from such denial or

 

 

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1revocation unless the denial or revocation was based upon a
2forcible felony, stalking, aggravated stalking, domestic
3battery, any violation of the Illinois Controlled Substances
4Act, the Methamphetamine Control and Community Protection Act,
5or the Cannabis Control Act that is classified as a Class 2 or
6greater felony, any felony violation of Article 24 of the
7Criminal Code of 1961 or the Criminal Code of 2012, or any
8adjudication as a delinquent minor for the commission of an
9offense that if committed by an adult would be a felony, in
10which case the aggrieved party may petition the circuit court
11in writing in the county of his or her residence for a hearing
12seeking relief from such denial or revocation.
13    (a-5) There is created a Firearm Owner's Identification
14Card Review Board to consider any appeal under subsection (a)
15beginning January 1, 2023, other than an appeal directed to
16the circuit court and except when the applicant is challenging
17the record upon which the decision to deny or revoke was based
18as provided in subsection (a-10).
19        (0.05) In furtherance of the policy of this Act that
20    the Board shall exercise its powers and duties in an
21    independent manner, subject to the provisions of this Act
22    but free from the direction, control, or influence of any
23    other agency or department of State government. All
24    expenses and liabilities incurred by the Board in the
25    performance of its responsibilities hereunder shall be
26    paid from funds which shall be appropriated to the Board

 

 

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1    by the General Assembly for the ordinary and contingent
2    expenses of the Board.
3        (1) The Board shall consist of 7 members appointed by
4    the Governor, with the advice and consent of the Senate,
5    with 3 members residing within the First Judicial District
6    and one member residing within each of the 4 remaining
7    Judicial Districts. No more than 4 members shall be
8    members of the same political party. The Governor shall
9    designate one member as the chairperson. The Board shall
10    consist of:
11            (A) one member with at least 5 years of service as
12        a federal or State judge;
13            (B) one member with at least 5 years of experience
14        serving as an attorney with the United States
15        Department of Justice, or as a State's Attorney or
16        Assistant State's Attorney;
17            (C) one member with at least 5 years of experience
18        serving as a State or federal public defender or
19        assistant public defender;
20            (D) three members with at least 5 years of
21        experience as a federal, State, or local law
22        enforcement agent or as an employee with investigative
23        experience or duties related to criminal justice under
24        the United States Department of Justice, Drug
25        Enforcement Administration, Department of Homeland
26        Security, Federal Bureau of Investigation, or a State

 

 

SB3198- 15 -LRB102 23233 RLC 32397 b

1        or local law enforcement agency; and
2            (E) one member with at least 5 years of experience
3        as a licensed physician or clinical psychologist with
4        expertise in the diagnosis and treatment of mental
5        illness.
6        (2) The terms of the members initially appointed after
7    January 1, 2022 (the effective date of Public Act 102-237)
8    this amendatory Act of the 102nd General Assembly shall be
9    as follows: one of the initial members shall be appointed
10    for a term of one year, 3 shall be appointed for terms of 2
11    years, and 3 shall be appointed for terms of 4 years.
12    Thereafter, members shall hold office for 4 years, with
13    terms expiring on the second Monday in January immediately
14    following the expiration of their terms and every 4 years
15    thereafter. Members may be reappointed. Vacancies in the
16    office of member shall be filled in the same manner as the
17    original appointment, for the remainder of the unexpired
18    term. The Governor may remove a member for incompetence,
19    neglect of duty, malfeasance, or inability to serve.
20    Members shall receive compensation in an amount equal to
21    the compensation of members of the Executive Ethics
22    Commission and may be reimbursed, from funds appropriated
23    for such a purpose, for reasonable expenses actually
24    incurred in the performance of their Board duties. The
25    Illinois State Police shall designate an employee to serve
26    as Executive Director of the Board and provide logistical

 

 

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1    and administrative assistance to the Board.
2        (3) The Board shall meet at least quarterly each year
3    and at the call of the chairperson as often as necessary to
4    consider appeals of decisions made with respect to
5    applications for a Firearm Owner's Identification Card
6    under this Act. If necessary to ensure the participation
7    of a member, the Board shall allow a member to participate
8    in a Board meeting by electronic communication. Any member
9    participating electronically shall be deemed present for
10    purposes of establishing a quorum and voting.
11        (4) The Board shall adopt rules for the review of
12    appeals and the conduct of hearings. The Board shall
13    maintain a record of its decisions and all materials
14    considered in making its decisions. All Board decisions
15    and voting records shall be kept confidential and all
16    materials considered by the Board shall be exempt from
17    inspection except upon order of a court.
18        (5) In considering an appeal, the Board shall review
19    the materials received concerning the denial or revocation
20    by the Illinois State Police. By a vote of at least 4
21    members, the Board may request additional information from
22    the Illinois State Police or the applicant or the
23    testimony of the Illinois State Police or the applicant.
24    The Board may require that the applicant submit electronic
25    fingerprints to the Illinois State Police for an updated
26    background check if the Board determines it lacks

 

 

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1    sufficient information to determine eligibility. The Board
2    may consider information submitted by the Illinois State
3    Police, a law enforcement agency, or the applicant. The
4    Board shall review each denial or revocation and determine
5    by a majority of members whether an applicant should be
6    granted relief under subsection (c).
7        (6) The Board shall by order issue summary decisions.
8    The Board shall issue a decision within 45 days of
9    receiving all completed appeal documents from the Illinois
10    State Police and the applicant. However, the Board need
11    not issue a decision within 45 days if:
12            (A) the Board requests information from the
13        applicant, including, but not limited to, electronic
14        fingerprints to be submitted to the Illinois State
15        Police, in accordance with paragraph (5) of this
16        subsection, in which case the Board shall make a
17        decision within 30 days of receipt of the required
18        information from the applicant;
19            (B) the applicant agrees, in writing, to allow the
20        Board additional time to consider an appeal; or
21            (C) the Board notifies the applicant and the
22        Illinois State Police that the Board needs an
23        additional 30 days to issue a decision. The Board may
24        only issue 2 extensions under this subparagraph (C).
25        The Board's notification to the applicant and the
26        Illinois State Police shall include an explanation for

 

 

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1        the extension.
2        (7) If the Board determines that the applicant is
3    eligible for relief under subsection (c), the Board shall
4    notify the applicant and the Illinois State Police that
5    relief has been granted and the Illinois State Police
6    shall issue the Card.
7        (8) Meetings of the Board shall not be subject to the
8    Open Meetings Act and records of the Board shall not be
9    subject to the Freedom of Information Act.
10        (9) The Board shall report monthly to the Governor and
11    the General Assembly on the number of appeals received and
12    provide details of the circumstances in which the Board
13    has determined to deny Firearm Owner's Identification
14    Cards under this subsection (a-5). The report shall not
15    contain any identifying information about the applicants.
16    (a-10) Whenever an applicant or cardholder is not seeking
17relief from a firearms prohibition under subsection (c) but
18rather does not believe the applicant is appropriately denied
19or revoked and is challenging the record upon which the
20decision to deny or revoke the Firearm Owner's Identification
21Card was based, or whenever the Illinois State Police fails to
22act on an application within 30 days of its receipt, the
23applicant shall file such challenge with the Director. The
24Director shall render a decision within 60 business days of
25receipt of all information supporting the challenge. The
26Illinois State Police shall adopt rules for the review of a

 

 

SB3198- 19 -LRB102 23233 RLC 32397 b

1record challenge.
2    (b) At least 30 days before any hearing in the circuit
3court, the petitioner shall serve the relevant State's
4Attorney with a copy of the petition. The State's Attorney may
5object to the petition and present evidence. At the hearing,
6the court shall determine whether substantial justice has been
7done. Should the court determine that substantial justice has
8not been done, the court shall issue an order directing the
9Illinois State Police to issue a Card. However, the court
10shall not issue the order if the petitioner is otherwise
11prohibited from obtaining, possessing, or using a firearm
12under federal law.
13    (c) Any person prohibited from possessing a firearm under
14Sections 24-1.1 or 24-3.1 of the Criminal Code of 2012 or
15acquiring a Firearm Owner's Identification Card under Section
168 of this Act may apply to the Firearm Owner's Identification
17Card Review Board the Illinois or petition the circuit court
18in the county where the petitioner resides, whichever is
19applicable in accordance with subsection (a) of this Section,
20requesting relief from such prohibition and the Board or court
21may grant such relief if it is established by the applicant to
22the court's or the Board's satisfaction that:
23        (0.05) when in the circuit court, the State's Attorney
24    has been served with a written copy of the petition at
25    least 30 days before any such hearing in the circuit court
26    and at the hearing the State's Attorney was afforded an

 

 

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1    opportunity to present evidence and object to the
2    petition;
3        (1) the applicant has not been convicted of a forcible
4    felony under the laws of this State or any other
5    jurisdiction within 20 years of the applicant's
6    application for a Firearm Owner's Identification Card, or
7    at least 20 years have passed since the end of any period
8    of imprisonment imposed in relation to that conviction;
9        (2) the circumstances regarding a criminal conviction,
10    where applicable, the applicant's criminal history and his
11    reputation are such that the applicant will not be likely
12    to act in a manner dangerous to public safety;
13        (3) granting relief would not be contrary to the
14    public interest; and
15        (4) granting relief would not be contrary to federal
16    law.
17    (c-5) (1) An active law enforcement officer employed by a
18unit of government or a Department of Corrections employee
19authorized to possess firearms who is denied a , revoked, or
20has his or her Firearm Owner's Identification Card seized
21under subsection (e) of Section 8 of this Act may apply to the
22Firearm Owner's Identification Card Review Board the Illinois
23requesting relief if the officer or employee did not act in a
24manner threatening to the officer or employee, another person,
25or the public as determined by the treating clinical
26psychologist or physician, and as a result of his or her work

 

 

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

 

 

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1        (C) a psychological fitness for duty evaluation of the
2    person completed after the time of discharge; and
3        (D) written confirmation in the form prescribed by the
4    Board from the treating licensed clinical psychologist or
5    psychiatrist that the provisions set forth in paragraph
6    (1) of this subsection (c-5) have been met, the person
7    successfully completed treatment, and their professional
8    opinion regarding the person's ability to possess
9    firearms.
10    (3) Officers and employees eligible for the expedited
11relief in paragraph (2) of this subsection (c-5) have the
12burden of proof on eligibility and must provide all
13information required. The Board may not consider granting
14expedited relief until the proof and information is received.
15    (4) "Clinical psychologist", "psychiatrist", and
16"qualified examiner" shall have the same meaning as provided
17in Chapter I of the Mental Health and Developmental
18Disabilities Code.
19    (c-10) (1) An applicant, who is denied a , revoked, or has
20his or her Firearm Owner's Identification Card seized under
21subsection (e) of Section 8 of this Act based upon a
22determination of a developmental disability or an intellectual
23disability may apply to the Firearm Owner's Identification
24Card Review Board the Illinois requesting relief.
25    (2) The Board shall act on the request for relief within 60
26business days of receipt of written certification, in the form

 

 

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1prescribed by the Board, from a physician or clinical
2psychologist, or qualified examiner, that the aggrieved
3party's developmental disability or intellectual disability
4condition is determined by a physician, clinical psychologist,
5or qualified to be mild. If a fact-finding conference is
6scheduled to obtain additional information concerning the
7circumstances of the denial or revocation, the 60 business
8days the Director has to act shall be tolled until the
9completion of the fact-finding conference.
10    (3) The Board may grant relief if the aggrieved party's
11developmental disability or intellectual disability is mild as
12determined by a physician, clinical psychologist, or qualified
13examiner and it is established by the applicant to the Board's
14satisfaction that:
15        (A) granting relief would not be contrary to the
16    public interest; and
17        (B) granting relief would not be contrary to federal
18    law.
19    (4) The Board may not grant relief if the condition is
20determined by a physician, clinical psychologist, or qualified
21examiner to be moderate, severe, or profound.
22    (5) The changes made to this Section by Public Act 99-29
23apply to requests for relief pending on or before July 10, 2015
24(the effective date of Public Act 99-29), except that the
2560-day period for the Director to act on requests pending
26before the effective date shall begin on July 10, 2015 (the

 

 

SB3198- 24 -LRB102 23233 RLC 32397 b

1effective date of Public Act 99-29). All appeals as provided
2in subsection (a-5), pending on January 1, 2023, shall be
3considered by the Board.
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 Illinois 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 Illinois State Police that
16the 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 Illinois State Police
24requesting relief from that prohibition. The Board shall grant
25the relief if it is established by a preponderance of the
26evidence that the person will not be likely to act in a manner

 

 

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1dangerous to public safety and that granting relief would not
2be contrary to the public interest. In making this
3determination, the Board shall receive evidence concerning (i)
4the circumstances regarding the firearms disabilities from
5which relief is sought; (ii) the petitioner's mental health
6and criminal 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
15Illinois State Police makes available to the National Instant
16Criminal Background Check System and notify the United States
17Attorney General that the basis for the record being made
18available no longer applies. The Illinois State Police shall
19adopt rules for the administration of this Section.
20    (g) Notwithstanding any other provision of this Act to the
21contrary, on or after the effective date of this amendatory
22Act of the 102nd General Assembly, the Illinois State Police
23may not revoke a Firearm Owner's Identification Card. On or
24after the effective date of this amendatory Act of the 102nd
25General Assembly, a Firearm Owner's Identification Card may
26only be revoked after a Firearm Owner's Identification Card

 

 

SB3198- 26 -LRB102 23233 RLC 32397 b

1hearing has been held in the circuit court of the county of
2residence of the person whose Firearm Owner's Identification
3Card is sought to be revoked. If the State's Attorney of the
4county of residence of the person whose Firearm Owner's
5Identification Card is sought to be revoked has probable cause
6to believe that the person who has been issued a Firearm
7Owner's Identification Card is no longer eligible for the Card
8under Section 8, the State's Attorney shall file a petition in
9the circuit court of the county of residence of the person
10whose Card is sought to be revoked. At the hearing, the person
11may present evidence in his or her favor seeking retention of
12his or her Firearm Owner's Identification Card and the
13Illinois State Police and State's Attorney may present
14evidence for revocation. The hearing shall be a civil
15proceeding and subject to due process, the Code of Civil
16Procedure, and the Illinois Rules of Evidence as adopted by
17the Supreme Court. The hearing shall be held within 45 days
18after the filing of the petition. If the circuit court
19determines, by clear and convincing evidence, that the person
20is ineligible for retention of his or her Firearm Owner's
21Identification Card under Section 8, the court shall order the
22Illinois State Police to immediately revoke the Card and the
23circuit clerk shall seize the Card and transmit the Card to the
24Illinois State Police.
25(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
26102-645, eff. 1-1-22; revised 10-15-21.)