| ||||||||||||||||||||||||||
| ||||||||||||||||||||||||||
| ||||||||||||||||||||||||||
1 | AN ACT concerning safety. | |||||||||||||||||||||||||
2 | Be it enacted by the People of the State of Illinois, | |||||||||||||||||||||||||
3 | represented in the General Assembly: | |||||||||||||||||||||||||
4 | Section 5. The Firearm Owners Identification Card Act is | |||||||||||||||||||||||||
5 | amended by changing Sections 8, 10, and 13.2 as follows: | |||||||||||||||||||||||||
6 | (430 ILCS 65/8) (from Ch. 38, par. 83-8) | |||||||||||||||||||||||||
7 | Sec. 8. Grounds for denial and revocation. The Illinois | |||||||||||||||||||||||||
8 | State Police has authority to deny an application for or to | |||||||||||||||||||||||||
9 | revoke and seize a Firearm Owner's Identification Card | |||||||||||||||||||||||||
10 | previously issued under this Act only if the Illinois State | |||||||||||||||||||||||||
11 | Police finds that the applicant or the person to whom such card | |||||||||||||||||||||||||
12 | was issued is or was at the time of issuance: | |||||||||||||||||||||||||
13 | (a) A person under 21 years of age who has been | |||||||||||||||||||||||||
14 | convicted of a misdemeanor other than a traffic offense or | |||||||||||||||||||||||||
15 | adjudged delinquent; | |||||||||||||||||||||||||
16 | (b) This subsection (b) applies through the 180th day | |||||||||||||||||||||||||
17 | following July 12, 2019 (the effective date of Public Act | |||||||||||||||||||||||||
18 | 101-80). A person under 21 years of age who does not have | |||||||||||||||||||||||||
19 | the written consent of his parent or guardian to acquire | |||||||||||||||||||||||||
20 | and possess firearms and firearm ammunition, or whose | |||||||||||||||||||||||||
21 | parent or guardian has revoked such written consent, or | |||||||||||||||||||||||||
22 | where such parent or guardian does not qualify to have a | |||||||||||||||||||||||||
23 | Firearm Owner's Identification Card; |
| |||||||
| |||||||
1 | (b-5) This subsection (b-5) applies on and after the | ||||||
2 | 181st day following July 12, 2019 (the effective date of | ||||||
3 | Public Act 101-80). A person under 21 years of age who is | ||||||
4 | not an active duty member of the United States Armed | ||||||
5 | Forces or the Illinois National Guard and does not have | ||||||
6 | the written consent of his or her parent or guardian to | ||||||
7 | acquire and possess firearms and firearm ammunition, or | ||||||
8 | whose parent or guardian has revoked such written consent, | ||||||
9 | or where such parent or guardian does not qualify to have a | ||||||
10 | Firearm Owner's Identification Card; | ||||||
11 | (c) A person convicted of a felony under the laws of | ||||||
12 | this or any other jurisdiction; | ||||||
13 | (d) A person addicted to narcotics; | ||||||
14 | (e) A person who has been a patient of a mental health | ||||||
15 | facility within the past 5 years or a person who has been a | ||||||
16 | patient in a mental health facility more than 5 years ago | ||||||
17 | who has not received the certification required under | ||||||
18 | subsection (u) of this Section. An active law enforcement | ||||||
19 | officer employed by a unit of government or a Department | ||||||
20 | of Corrections employee authorized to possess firearms who | ||||||
21 | is denied, revoked, or has his or her Firearm Owner's | ||||||
22 | Identification Card seized under this subsection (e) may | ||||||
23 | obtain relief as described in subsection (c-5) of Section | ||||||
24 | 10 of this Act if the officer or employee did not act in a | ||||||
25 | manner threatening to the officer or employee, another | ||||||
26 | person, or the public as determined by the treating |
| |||||||
| |||||||
1 | clinical psychologist or physician, and the officer or | ||||||
2 | employee seeks mental health treatment . If the Illinois | ||||||
3 | State Police denies an application for or revokes and | ||||||
4 | seizes a Firearm Owner's Identification Card under this | ||||||
5 | subsection (e), the notice to the applicant or card holder | ||||||
6 | of denial of an application for or revocation of the | ||||||
7 | person's Firearm Owner's Identification Card shall include | ||||||
8 | the date or dates of admission of the person to the mental | ||||||
9 | health facility and the name of the facility ; | ||||||
10 | (f) A person whose mental condition is of such a | ||||||
11 | nature that it poses a clear and present danger to the | ||||||
12 | applicant, any other person or persons, or the community; | ||||||
13 | (g) A person who has an intellectual disability; | ||||||
14 | (h) A person who intentionally makes a false statement | ||||||
15 | in the Firearm Owner's Identification Card application or | ||||||
16 | endorsement affidavit; | ||||||
17 | (i) A noncitizen who is unlawfully present in the | ||||||
18 | United States under the laws of the United States; | ||||||
19 | (i-5) A noncitizen who has been admitted to the United | ||||||
20 | States under a non-immigrant visa (as that term is defined | ||||||
21 | in Section 101(a)(26) of the Immigration and Nationality | ||||||
22 | Act (8 U.S.C. 1101(a)(26))), except that this subsection | ||||||
23 | (i-5) does not apply to any noncitizen who has been | ||||||
24 | lawfully admitted to the United States under a | ||||||
25 | non-immigrant visa if that noncitizen is: | ||||||
26 | (1) admitted to the United States for lawful |
| |||||||
| |||||||
1 | hunting or sporting purposes; | ||||||
2 | (2) an official representative of a foreign | ||||||
3 | government who is: | ||||||
4 | (A) accredited to the United States Government | ||||||
5 | or the Government's mission to an international | ||||||
6 | organization having its headquarters in the United | ||||||
7 | States; or | ||||||
8 | (B) en route to or from another country to | ||||||
9 | which that noncitizen is accredited; | ||||||
10 | (3) an official of a foreign government or | ||||||
11 | distinguished foreign visitor who has been so | ||||||
12 | designated by the Department of State; | ||||||
13 | (4) a foreign law enforcement officer of a | ||||||
14 | friendly foreign government entering the United States | ||||||
15 | on official business; or | ||||||
16 | (5) one who has received a waiver from the | ||||||
17 | Attorney General of the United States pursuant to 18 | ||||||
18 | U.S.C. 922(y)(3); | ||||||
19 | (j) (Blank); | ||||||
20 | (k) A person who has been convicted within the past 5 | ||||||
21 | years of battery, assault, aggravated assault, violation | ||||||
22 | of an order of protection, or a substantially similar | ||||||
23 | offense in another jurisdiction, in which a firearm was | ||||||
24 | used or possessed; | ||||||
25 | (l) A person who has been convicted of domestic | ||||||
26 | battery, aggravated domestic battery, or a substantially |
| |||||||
| |||||||
1 | similar offense in another jurisdiction committed before, | ||||||
2 | on or after January 1, 2012 (the effective date of Public | ||||||
3 | Act 97-158). If the applicant or person who has been | ||||||
4 | previously issued a Firearm Owner's Identification Card | ||||||
5 | under this Act knowingly and intelligently waives the | ||||||
6 | right to have an offense described in this paragraph (l) | ||||||
7 | tried by a jury, and by guilty plea or otherwise, results | ||||||
8 | in a conviction for an offense in which a domestic | ||||||
9 | relationship is not a required element of the offense but | ||||||
10 | in which a determination of the applicability of 18 U.S.C. | ||||||
11 | 922(g)(9) is made under Section 112A-11.1 of the Code of | ||||||
12 | Criminal Procedure of 1963, an entry by the court of a | ||||||
13 | judgment of conviction for that offense shall be grounds | ||||||
14 | for denying an application for and for revoking and | ||||||
15 | seizing a Firearm Owner's Identification Card previously | ||||||
16 | issued to the person under this Act; | ||||||
17 | (m) (Blank); | ||||||
18 | (n) A person who is prohibited from acquiring or | ||||||
19 | possessing firearms or firearm ammunition by any Illinois | ||||||
20 | State statute or by federal law; | ||||||
21 | (o) A minor subject to a petition filed under Section | ||||||
22 | 5-520 of the Juvenile Court Act of 1987 alleging that the | ||||||
23 | minor is a delinquent minor for the commission of an | ||||||
24 | offense that if committed by an adult would be a felony; | ||||||
25 | (p) An adult who had been adjudicated a delinquent | ||||||
26 | minor under the Juvenile Court Act of 1987 for the |
| |||||||
| |||||||
1 | commission of an offense that if committed by an adult | ||||||
2 | would be a felony; | ||||||
3 | (q) A person who is not a resident of the State of | ||||||
4 | Illinois, except as provided in subsection (a-10) of | ||||||
5 | Section 4; | ||||||
6 | (r) A person who has been adjudicated as a person with | ||||||
7 | a mental disability; | ||||||
8 | (s) A person who has been found to have a | ||||||
9 | developmental disability; | ||||||
10 | (t) A person involuntarily admitted into a mental | ||||||
11 | health facility; or | ||||||
12 | (u) A person who has had his or her Firearm Owner's | ||||||
13 | Identification Card revoked or denied under subsection (e) | ||||||
14 | of this Section or item (iv) of paragraph (2) of | ||||||
15 | subsection (a) of Section 4 of this Act because he or she | ||||||
16 | was a patient in a mental health facility as provided in | ||||||
17 | subsection (e) of this Section, shall not be permitted to | ||||||
18 | obtain a Firearm Owner's Identification Card, after the | ||||||
19 | 5-year period has lapsed, unless he or she has received a | ||||||
20 | mental health evaluation by a physician, clinical | ||||||
21 | psychologist, or qualified examiner as those terms are | ||||||
22 | defined in the Mental Health and Developmental | ||||||
23 | Disabilities Code, and has received a certification that | ||||||
24 | he or she is not a clear and present danger to himself, | ||||||
25 | herself, or others. The physician, clinical psychologist, | ||||||
26 | or qualified examiner making the certification and his or |
| |||||||
| |||||||
1 | her employer shall not be held criminally, civilly, or | ||||||
2 | professionally liable for making or not making the | ||||||
3 | certification required under this subsection, except for | ||||||
4 | willful or wanton misconduct. This subsection does not | ||||||
5 | apply to a person whose firearm possession rights have | ||||||
6 | been restored through administrative or judicial action | ||||||
7 | under Section 10 or 11 of this Act. | ||||||
8 | Upon revocation of a person's Firearm Owner's | ||||||
9 | Identification Card, the Illinois State Police shall provide | ||||||
10 | notice to the person and the person shall comply with Section | ||||||
11 | 9.5 of this Act. | ||||||
12 | (Source: P.A. 101-80, eff. 7-12-19; 102-538, eff. 8-20-21; | ||||||
13 | 102-645, eff. 1-1-22; 102-813, eff. 5-13-22; 102-1030, eff. | ||||||
14 | 5-27-22; 102-1116, eff. 1-10-23.) | ||||||
15 | (430 ILCS 65/10) (from Ch. 38, par. 83-10) | ||||||
16 | Sec. 10. Appeals; hearing; relief from firearm | ||||||
17 | prohibitions. | ||||||
18 | (a) Whenever an application for a Firearm Owner's | ||||||
19 | Identification Card is denied or whenever such a Card is | ||||||
20 | revoked or seized as provided for in Section 8 of this Act, the | ||||||
21 | aggrieved party may (1) file a record challenge with the | ||||||
22 | Director regarding the record upon which the decision to deny | ||||||
23 | or revoke the Firearm Owner's Identification Card was based | ||||||
24 | under subsection (a-5); or (2) appeal to the Director of the | ||||||
25 | Illinois State Police through December 31, 2022, or beginning |
| |||||||
| |||||||
1 | January 1, 2023, the Firearm Owner's Identification Card | ||||||
2 | Review Board for a hearing seeking relief from such denial or | ||||||
3 | revocation unless the denial or revocation was based upon a | ||||||
4 | forcible felony, stalking, aggravated stalking, domestic | ||||||
5 | battery, any violation of the Illinois Controlled Substances | ||||||
6 | Act, the Methamphetamine Control and Community Protection Act, | ||||||
7 | or the Cannabis Control Act that is classified as a Class 2 or | ||||||
8 | greater felony, any felony violation of Article 24 of the | ||||||
9 | Criminal Code of 1961 or the Criminal Code of 2012, or any | ||||||
10 | adjudication as a delinquent minor for the commission of an | ||||||
11 | offense that if committed by an adult would be a felony, in | ||||||
12 | which case the aggrieved party may petition the circuit court | ||||||
13 | in writing in the county of his or her residence for a hearing | ||||||
14 | seeking relief from such denial or revocation. | ||||||
15 | (a-5) There is created a Firearm Owner's Identification | ||||||
16 | Card Review Board to consider any appeal under subsection (a) | ||||||
17 | beginning January 1, 2023, other than an appeal directed to | ||||||
18 | the circuit court and except when the applicant is challenging | ||||||
19 | the record upon which the decision to deny or revoke was based | ||||||
20 | as provided in subsection (a-10). | ||||||
21 | (0.05) In furtherance of the policy of this Act that | ||||||
22 | the Board shall exercise its powers and duties in an | ||||||
23 | independent manner, subject to the provisions of this Act | ||||||
24 | but free from the direction, control, or influence of any | ||||||
25 | other agency or department of State government. All | ||||||
26 | expenses and liabilities incurred by the Board in the |
| |||||||
| |||||||
1 | performance of its responsibilities hereunder shall be | ||||||
2 | paid from funds which shall be appropriated to the Board | ||||||
3 | by the General Assembly for the ordinary and contingent | ||||||
4 | expenses of the Board. | ||||||
5 | (1) The Board shall consist of 7 members appointed by | ||||||
6 | the Governor, with the advice and consent of the Senate, | ||||||
7 | with 3 members residing within the First Judicial District | ||||||
8 | and one member residing within each of the 4 remaining | ||||||
9 | Judicial Districts. No more than 4 members shall be | ||||||
10 | members of the same political party. The Governor shall | ||||||
11 | designate one member as the chairperson. The members shall | ||||||
12 | have actual experience in law, education, social work, | ||||||
13 | behavioral sciences, law enforcement, or community affairs | ||||||
14 | or in a combination of those areas. | ||||||
15 | (2) The terms of the members initially appointed after | ||||||
16 | January 1, 2022 (the effective date of Public Act 102-237) | ||||||
17 | shall be as follows: one of the initial members shall be | ||||||
18 | appointed for a term of one year, 3 shall be appointed for | ||||||
19 | terms of 2 years, and 3 shall be appointed for terms of 4 | ||||||
20 | years. Thereafter, members shall hold office for 4 years, | ||||||
21 | with terms expiring on the second Monday in January | ||||||
22 | immediately following the expiration of their terms and | ||||||
23 | every 4 years thereafter. Members may be reappointed. | ||||||
24 | Vacancies in the office of member shall be filled in the | ||||||
25 | same manner as the original appointment, for the remainder | ||||||
26 | of the unexpired term. The Governor may remove a member |
| |||||||
| |||||||
1 | for incompetence, neglect of duty, malfeasance, or | ||||||
2 | inability to serve. Members shall receive compensation in | ||||||
3 | an amount equal to the compensation of members of the | ||||||
4 | Executive Ethics Commission and, beginning July 1, 2023, | ||||||
5 | shall be compensated from appropriations provided to the | ||||||
6 | Comptroller for this purpose. Members may be reimbursed, | ||||||
7 | from funds appropriated for such a purpose, for reasonable | ||||||
8 | expenses actually incurred in the performance of their | ||||||
9 | Board duties. The Illinois State Police shall designate an | ||||||
10 | employee to serve as Executive Director of the Board and | ||||||
11 | provide logistical and administrative assistance to the | ||||||
12 | Board. | ||||||
13 | (3) The Board shall meet at least quarterly each year | ||||||
14 | and at the call of the chairperson as often as necessary to | ||||||
15 | consider appeals of decisions made with respect to | ||||||
16 | applications for a Firearm Owner's Identification Card | ||||||
17 | under this Act. If necessary to ensure the participation | ||||||
18 | of a member, the Board shall allow a member to participate | ||||||
19 | in a Board meeting by electronic communication. Any member | ||||||
20 | participating electronically shall be deemed present for | ||||||
21 | purposes of establishing a quorum and voting. | ||||||
22 | (4) The Board shall adopt rules for the review of | ||||||
23 | appeals and the conduct of hearings. The Board shall | ||||||
24 | maintain a record of its decisions and all materials | ||||||
25 | considered in making its decisions. All Board decisions | ||||||
26 | and voting records shall be kept confidential and all |
| |||||||
| |||||||
1 | materials considered by the Board shall be exempt from | ||||||
2 | inspection except upon order of a court. | ||||||
3 | (5) In considering an appeal, the Board shall review | ||||||
4 | the materials received concerning the denial or revocation | ||||||
5 | by the Illinois State Police. By a vote of at least 4 | ||||||
6 | members, the Board may request additional information from | ||||||
7 | the Illinois State Police or the applicant or the | ||||||
8 | testimony of the Illinois State Police or the applicant. | ||||||
9 | The Board may require that the applicant submit electronic | ||||||
10 | fingerprints to the Illinois State Police for an updated | ||||||
11 | background check if the Board determines it lacks | ||||||
12 | sufficient information to determine eligibility. The Board | ||||||
13 | may consider information submitted by the Illinois State | ||||||
14 | Police, a law enforcement agency, or the applicant. The | ||||||
15 | Board shall review each denial or revocation and determine | ||||||
16 | by a majority of members whether an applicant should be | ||||||
17 | granted relief under subsection (c). | ||||||
18 | (6) The Board shall by order issue summary decisions. | ||||||
19 | The Board shall issue a decision within 45 days of | ||||||
20 | receiving all completed appeal documents from the Illinois | ||||||
21 | State Police and the applicant. However, the Board need | ||||||
22 | not issue a decision within 45 days if: | ||||||
23 | (A) the Board requests information from the | ||||||
24 | applicant, including, but not limited to, electronic | ||||||
25 | fingerprints to be submitted to the Illinois State | ||||||
26 | Police, in accordance with paragraph (5) of this |
| |||||||
| |||||||
1 | subsection, in which case the Board shall make a | ||||||
2 | decision within 30 days of receipt of the required | ||||||
3 | information from the applicant; | ||||||
4 | (B) the applicant agrees, in writing, to allow the | ||||||
5 | Board additional time to consider an appeal; or | ||||||
6 | (C) the Board notifies the applicant and the | ||||||
7 | Illinois State Police that the Board needs an | ||||||
8 | additional 30 days to issue a decision. The Board may | ||||||
9 | only issue 2 extensions under this subparagraph (C). | ||||||
10 | The Board's notification to the applicant and the | ||||||
11 | Illinois State Police shall include an explanation for | ||||||
12 | the extension. | ||||||
13 | (7) If the Board determines that the applicant is | ||||||
14 | eligible for relief under subsection (c), the Board shall | ||||||
15 | notify the applicant and the Illinois State Police that | ||||||
16 | relief has been granted and the Illinois State Police | ||||||
17 | shall issue the Card. | ||||||
18 | (8) Meetings of the Board shall not be subject to the | ||||||
19 | Open Meetings Act and records of the Board shall not be | ||||||
20 | subject to the Freedom of Information Act. | ||||||
21 | (9) The Board shall report monthly to the Governor and | ||||||
22 | the General Assembly on the number of appeals received and | ||||||
23 | provide details of the circumstances in which the Board | ||||||
24 | has determined to deny Firearm Owner's Identification | ||||||
25 | Cards under this subsection (a-5). The report shall not | ||||||
26 | contain any identifying information about the applicants. |
| |||||||
| |||||||
1 | (a-6) If the Board does not, within 90 days of the filing | ||||||
2 | of the applicant's appeal of a denial of a Firearm Owner's | ||||||
3 | Identification Card or revocation of a Firearm Owner's | ||||||
4 | Identification Card, render a decision on the appeal, the | ||||||
5 | failure to render a decision shall constitute a rejection of | ||||||
6 | the appeal, and the applicant or card holder may appeal to the | ||||||
7 | circuit court for relief. | ||||||
8 | (a-10) Whenever an applicant or cardholder is not seeking | ||||||
9 | relief from a firearms prohibition under subsection (c) but | ||||||
10 | rather does not believe the applicant is appropriately denied | ||||||
11 | or revoked and is challenging the record upon which the | ||||||
12 | decision to deny or revoke the Firearm Owner's Identification | ||||||
13 | Card was based, or whenever the Illinois State Police fails to | ||||||
14 | act on an application within 30 days of its receipt, the | ||||||
15 | applicant shall file such challenge with the Director. The | ||||||
16 | Director shall render a decision within 60 business days of | ||||||
17 | receipt of all information supporting the challenge. The | ||||||
18 | Illinois State Police shall adopt rules for the review of a | ||||||
19 | record challenge. | ||||||
20 | (b) At least 30 days before any hearing in the circuit | ||||||
21 | court, the petitioner shall serve the relevant State's | ||||||
22 | Attorney with a copy of the petition. The State's Attorney may | ||||||
23 | object to the petition and present evidence. At the hearing, | ||||||
24 | the court shall determine whether substantial justice has been | ||||||
25 | done. Should the court determine that substantial justice has | ||||||
26 | not been done, the court shall issue an order directing the |
| |||||||
| |||||||
1 | Illinois State Police to issue a Card. However, the court | ||||||
2 | shall not issue the order if the petitioner is otherwise | ||||||
3 | prohibited from obtaining, possessing, or using a firearm | ||||||
4 | under federal law. | ||||||
5 | (c) Any person prohibited from possessing a firearm under | ||||||
6 | Sections 24-1.1 or 24-3.1 of the Criminal Code of 2012 or | ||||||
7 | acquiring a Firearm Owner's Identification Card under Section | ||||||
8 | 8 of this Act may apply to the Firearm Owner's Identification | ||||||
9 | Card Review Board or petition the circuit court in the county | ||||||
10 | where the petitioner resides, whichever is applicable in | ||||||
11 | accordance with subsection (a) of this Section, requesting | ||||||
12 | relief from such prohibition and the Board or court may grant | ||||||
13 | such relief if it is established by the applicant to the | ||||||
14 | court's or the Board's satisfaction that: | ||||||
15 | (0.05) when in the circuit court, the State's Attorney | ||||||
16 | has been served with a written copy of the petition at | ||||||
17 | least 30 days before any such hearing in the circuit court | ||||||
18 | and at the hearing the State's Attorney was afforded an | ||||||
19 | opportunity to present evidence and object to the | ||||||
20 | petition; | ||||||
21 | (1) the applicant has not been convicted of a forcible | ||||||
22 | felony under the laws of this State or any other | ||||||
23 | jurisdiction within 20 years of the applicant's | ||||||
24 | application for a Firearm Owner's Identification Card, or | ||||||
25 | at least 20 years have passed since the end of any period | ||||||
26 | of imprisonment imposed in relation to that conviction; |
| |||||||
| |||||||
1 | (2) the circumstances regarding a criminal conviction, | ||||||
2 | where applicable, the applicant's criminal history and his | ||||||
3 | reputation are such that the applicant will not be likely | ||||||
4 | to act in a manner dangerous to public safety; | ||||||
5 | (3) granting relief would not be contrary to the | ||||||
6 | public interest; and | ||||||
7 | (4) granting relief would not be contrary to federal | ||||||
8 | law. | ||||||
9 | (c-5) (1) An active law enforcement officer employed by a | ||||||
10 | unit of government or a Department of Corrections employee | ||||||
11 | authorized to possess firearms who is denied, revoked, or has | ||||||
12 | his or her Firearm Owner's Identification Card seized under | ||||||
13 | subsection (e) of Section 8 of this Act may apply to the | ||||||
14 | Firearm Owner's Identification Card Review Board requesting | ||||||
15 | relief if the officer or employee did not act in a manner | ||||||
16 | threatening to the officer or employee, another person, or the | ||||||
17 | public as determined by the treating clinical psychologist or | ||||||
18 | physician, and as a result of his or her work is referred by | ||||||
19 | the employer for or voluntarily seeks mental health evaluation | ||||||
20 | or treatment by a licensed clinical psychologist, | ||||||
21 | psychiatrist, or qualified examiner, and: | ||||||
22 | (A) the officer or employee has not received treatment | ||||||
23 | involuntarily at a mental health facility, regardless of | ||||||
24 | the length of admission; or has not been voluntarily | ||||||
25 | admitted to a mental health facility for more than 30 days | ||||||
26 | and not for more than one incident within the past 5 years; |
| |||||||
| |||||||
1 | and | ||||||
2 | (B) the officer or employee has not left the mental | ||||||
3 | institution against medical advice. | ||||||
4 | (2) The Firearm Owner's Identification Card Review Board | ||||||
5 | shall grant expedited relief to active law enforcement | ||||||
6 | officers and employees described in paragraph (1) of this | ||||||
7 | subsection (c-5) upon a determination by the Board that the | ||||||
8 | officer's or employee's possession of a firearm does not | ||||||
9 | present a threat to themselves, others, or public safety. The | ||||||
10 | Board shall act on the request for relief within 30 business | ||||||
11 | days of receipt of: | ||||||
12 | (A) a notarized statement from the officer or employee | ||||||
13 | in the form prescribed by the Board detailing the | ||||||
14 | circumstances that led to the hospitalization; | ||||||
15 | (B) all documentation regarding the admission, | ||||||
16 | evaluation, treatment and discharge from the treating | ||||||
17 | licensed clinical psychologist or psychiatrist of the | ||||||
18 | officer; | ||||||
19 | (C) a psychological fitness for duty evaluation of the | ||||||
20 | person completed after the time of discharge; and | ||||||
21 | (D) written confirmation in the form prescribed by the | ||||||
22 | Board from the treating licensed clinical psychologist or | ||||||
23 | psychiatrist that the provisions set forth in paragraph | ||||||
24 | (1) of this subsection (c-5) have been met, the person | ||||||
25 | successfully completed treatment, and their professional | ||||||
26 | opinion regarding the person's ability to possess |
| |||||||
| |||||||
1 | firearms. | ||||||
2 | (3) Officers and employees eligible for the expedited | ||||||
3 | relief in paragraph (2) of this subsection (c-5) have the | ||||||
4 | burden of proof on eligibility and must provide all | ||||||
5 | information required. The Board may not consider granting | ||||||
6 | expedited relief until the proof and information is received. | ||||||
7 | (4) "Clinical psychologist", "psychiatrist", and | ||||||
8 | "qualified examiner" shall have the same meaning as provided | ||||||
9 | in Chapter I of the Mental Health and Developmental | ||||||
10 | Disabilities Code. | ||||||
11 | (c-10) (1) An applicant, who is denied, revoked, or has | ||||||
12 | his or her Firearm Owner's Identification Card seized under | ||||||
13 | subsection (e) of Section 8 of this Act based upon a | ||||||
14 | determination of a developmental disability or an intellectual | ||||||
15 | disability may apply to the Firearm Owner's Identification | ||||||
16 | Card Review Board requesting relief. | ||||||
17 | (2) The Board shall act on the request for relief within 60 | ||||||
18 | business days of receipt of written certification, in the form | ||||||
19 | prescribed by the Board, from a physician or clinical | ||||||
20 | psychologist, or qualified examiner, that the aggrieved | ||||||
21 | party's developmental disability or intellectual disability | ||||||
22 | condition is determined by a physician, clinical psychologist, | ||||||
23 | or qualified to be mild. If a fact-finding conference is | ||||||
24 | scheduled to obtain additional information concerning the | ||||||
25 | circumstances of the denial or revocation, the 60 business | ||||||
26 | days the Director has to act shall be tolled until the |
| |||||||
| |||||||
1 | completion of the fact-finding conference. | ||||||
2 | (3) The Board may grant relief if the aggrieved party's | ||||||
3 | developmental disability or intellectual disability is mild as | ||||||
4 | determined by a physician, clinical psychologist, or qualified | ||||||
5 | examiner and it is established by the applicant to the Board's | ||||||
6 | satisfaction that: | ||||||
7 | (A) granting relief would not be contrary to the | ||||||
8 | public interest; and | ||||||
9 | (B) granting relief would not be contrary to federal | ||||||
10 | law. | ||||||
11 | (4) The Board may not grant relief if the condition is | ||||||
12 | determined by a physician, clinical psychologist, or qualified | ||||||
13 | examiner to be moderate, severe, or profound. | ||||||
14 | (5) The changes made to this Section by Public Act 99-29 | ||||||
15 | apply to requests for relief pending on or before July 10, 2015 | ||||||
16 | (the effective date of Public Act 99-29), except that the | ||||||
17 | 60-day period for the Director to act on requests pending | ||||||
18 | before the effective date shall begin on July 10, 2015 (the | ||||||
19 | effective date of Public Act 99-29). All appeals as provided | ||||||
20 | in subsection (a-5) pending on January 1, 2023 shall be | ||||||
21 | considered by the Board. | ||||||
22 | (d) When a minor is adjudicated delinquent for an offense | ||||||
23 | which if committed by an adult would be a felony, the court | ||||||
24 | shall notify the Illinois State Police. | ||||||
25 | (e) The court shall review the denial of an application or | ||||||
26 | the revocation of a Firearm Owner's Identification Card of a |
| |||||||
| |||||||
1 | person who has been adjudicated delinquent for an offense that | ||||||
2 | if committed by an adult would be a felony if an application | ||||||
3 | for relief has been filed at least 10 years after the | ||||||
4 | adjudication of delinquency and the court determines that the | ||||||
5 | applicant should be granted relief from disability to obtain a | ||||||
6 | Firearm Owner's Identification Card. If the court grants | ||||||
7 | relief, the court shall notify the Illinois State Police that | ||||||
8 | the disability has been removed and that the applicant is | ||||||
9 | eligible to obtain a Firearm Owner's Identification Card. | ||||||
10 | (f) Any person who is subject to the disabilities of 18 | ||||||
11 | U.S.C. 922(d)(4) and 922(g)(4) of the federal Gun Control Act | ||||||
12 | of 1968 because of an adjudication or commitment that occurred | ||||||
13 | under the laws of this State or who was determined to be | ||||||
14 | subject to the provisions of subsections (e), (f), or (g) of | ||||||
15 | Section 8 of this Act may apply to the Illinois State Police | ||||||
16 | requesting relief from that prohibition. The Board shall grant | ||||||
17 | the relief if it is established by a preponderance of the | ||||||
18 | evidence that the person will not be likely to act in a manner | ||||||
19 | dangerous to public safety and that granting relief would not | ||||||
20 | be contrary to the public interest. In making this | ||||||
21 | determination, the Board shall receive evidence concerning (i) | ||||||
22 | the circumstances regarding the firearms disabilities from | ||||||
23 | which relief is sought; (ii) the petitioner's mental health | ||||||
24 | and criminal history records, if any; (iii) the petitioner's | ||||||
25 | reputation, developed at a minimum through character witness | ||||||
26 | statements, testimony, or other character evidence; and (iv) |
| |||||||
| |||||||
1 | changes in the petitioner's condition or circumstances since | ||||||
2 | the disqualifying events relevant to the relief sought. If | ||||||
3 | relief is granted under this subsection or by order of a court | ||||||
4 | under this Section, the Director shall as soon as practicable | ||||||
5 | but in no case later than 15 business days, update, correct, | ||||||
6 | modify, or remove the person's record in any database that the | ||||||
7 | Illinois State Police makes available to the National Instant | ||||||
8 | Criminal Background Check System and notify the United States | ||||||
9 | Attorney General that the basis for the record being made | ||||||
10 | available no longer applies. The Illinois State Police shall | ||||||
11 | adopt rules for the administration of this Section. | ||||||
12 | (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; | ||||||
13 | 102-645, eff. 1-1-22; 102-813, eff. 5-13-22; 102-1115, eff. | ||||||
14 | 1-9-23; 102-1129, eff. 2-10-23; revised 2-28-23.) | ||||||
15 | (430 ILCS 65/13.2) (from Ch. 38, par. 83-13.2) | ||||||
16 | Sec. 13.2. Renewal; name, photograph, or address change; | ||||||
17 | replacement card. The Illinois State Police shall, 180 days | ||||||
18 | prior to the expiration of a Firearm Owner's Identification | ||||||
19 | Card, forward by first class mail or by other means provided in | ||||||
20 | Section 7.5 to each person whose card is to expire a | ||||||
21 | notification of the expiration of the card and instructions | ||||||
22 | for renewal. It is the obligation of the holder of a Firearm | ||||||
23 | Owner's Identification Card to notify the Illinois State | ||||||
24 | Police of any address change since the issuance of the Firearm | ||||||
25 | Owner's Identification Card. The Illinois State Police may |
| |||||||
| |||||||
1 | update the applicant and card holder's address based upon | ||||||
2 | records in the Secretary of State Driver's License or Illinois | ||||||
3 | identification card records of applicants who do not have | ||||||
4 | driver's licenses. Any person whose legal name has changed | ||||||
5 | from the name on the card that he or she has been previously | ||||||
6 | issued must apply for a corrected card within 30 calendar days | ||||||
7 | after the change. The cost for an updated or corrected card | ||||||
8 | shall be $5. The cost for replacement of a card which has been | ||||||
9 | lost, destroyed, or stolen shall be $5 if the loss, | ||||||
10 | destruction, or theft of the card is reported to the Illinois | ||||||
11 | State Police. The cost for replacement of a combined Firearm | ||||||
12 | Owner's Identification Card and concealed carry license if the | ||||||
13 | person has changed his or her address is $5. The fees collected | ||||||
14 | under this Section shall be deposited into the State Police | ||||||
15 | Firearm Services Fund. | ||||||
16 | (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; | ||||||
17 | 102-813, eff. 5-13-22.) | ||||||
18 | Section 10. The Firearm Concealed Carry Act is amended by | ||||||
19 | changing Section 60 as follows: | ||||||
20 | (430 ILCS 66/60) | ||||||
21 | Sec. 60. Fees. | ||||||
22 | (a) All fees collected under this Act shall be deposited | ||||||
23 | as provided in this Section. Application, renewal, and | ||||||
24 | replacement fees shall be non-refundable. |
| |||||||
| |||||||
1 | (b) An applicant for a new license or a renewal shall | ||||||
2 | submit $150 with the application, of which $120 shall be | ||||||
3 | apportioned to the State Police Firearm Services Fund, $20 | ||||||
4 | shall be apportioned to the Mental Health Reporting Fund, and | ||||||
5 | $10 shall be apportioned to the State Crime Laboratory Fund. | ||||||
6 | (c) A non-resident applicant for a new license or renewal | ||||||
7 | shall submit $300 with the application, of which $250 shall be | ||||||
8 | apportioned to the State Police Firearm Services Fund, $40 | ||||||
9 | shall be apportioned to the Mental Health Reporting Fund, and | ||||||
10 | $10 shall be apportioned to the State Crime Laboratory Fund. | ||||||
11 | (d) A licensee requesting a new license in accordance with | ||||||
12 | Section 55 shall submit $75, of which $60 shall be apportioned | ||||||
13 | to the State Police Firearm Services Fund, $5 shall be | ||||||
14 | apportioned to the Mental Health Reporting Fund, and $10 shall | ||||||
15 | be apportioned to the State Crime Laboratory Fund. | ||||||
16 | (e) If a person has been issued a combined Firearm Owner's | ||||||
17 | Identification Card and concealed carry license, the fee for a | ||||||
18 | new card if the person has changed his or her address is $5. | ||||||
19 | (Source: P.A. 98-63, eff. 7-9-13.) |