97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB3395

 

Introduced 2/7/2012, by Sen. John J. Millner

 

SYNOPSIS AS INTRODUCED:
 
430 ILCS 65/10  from Ch. 38, par. 83-10
430 ILCS 65/11  from Ch. 38, par. 83-11

    Amends the Firearm Owners Identification Card Act. Requires the Department of State Police to adopt rules concerning applications for relief that it grants from particular prohibitions on the possession of firearms under the federal Gun Control Act of 1968. Provides that decisions of the Director of State Police to deny a person's application for relief from those prohibitions are exempt from the Administrative Review Law and subject to de novo review by a circuit court and that any party may, during that review, offer evidence that is otherwise proper and admissible without regard to whether that evidence is part of the administrative record. Also makes technical changes. Effective immediately.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB3395LRB097 17858 RLC 63080 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 10 and 11 as follows:
 
6    (430 ILCS 65/10)  (from Ch. 38, par. 83-10)
7    Sec. 10. Appeal to director; hearing; relief from firearm
8possession prohibition.
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 the Department of State Police for a hearing upon
15such denial, revocation or seizure, unless the denial,
16revocation, or seizure was based upon a forcible felony,
17stalking, aggravated stalking, domestic battery, any violation
18of the Illinois Controlled Substances Act, the Methamphetamine
19Control and Community Protection Act, or the Cannabis Control
20Act that is classified as a Class 2 or greater felony, any
21felony violation of Article 24 of the Criminal Code of 1961, or
22any adjudication as a delinquent minor for the commission of an
23offense that if committed by an adult would be a felony, in

 

 

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1which case the aggrieved party may petition the circuit court
2in writing in the county of his or her residence for a hearing
3upon 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.
12    (c) Any person prohibited from possessing a firearm under
13Sections 24-1.1 or 24-3.1 of the Criminal Code of 1961 or
14acquiring a Firearm Owner's Identification Card under Section 8
15of this Act may apply to the Director of the Department of
16State Police or petition the circuit court in the county where
17the petitioner resides, whichever is applicable in accordance
18with subsection (a) of this Section, requesting relief from
19such prohibition and the Director or court may grant such
20relief if it is established by the applicant to the court's or
21Director's satisfaction that:
22        (0.05) when in the circuit court, the State's Attorney
23    has been served with a written copy of the petition at
24    least 30 days before any such hearing in the circuit court
25    and at the hearing the State's Attorney was afforded an
26    opportunity to present evidence and object to the petition;

 

 

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1        (1) the applicant has not been convicted of a forcible
2    felony under the laws of this State or any other
3    jurisdiction within 20 years of the applicant's
4    application for a Firearm Owner's Identification Card, or
5    at least 20 years have passed since the end of any period
6    of imprisonment imposed in relation to that conviction;
7        (2) the circumstances regarding a criminal conviction,
8    where applicable, the applicant's criminal history and his
9    reputation are such that the applicant will not be likely
10    to act in a manner dangerous to public safety; and
11        (3) granting relief would not be contrary to the public
12    interest.
13    (d) When a minor is adjudicated delinquent for an offense
14which if committed by an adult would be a felony, the court
15shall notify the Department of State Police.
16    (e) The court shall review the denial of an application or
17the revocation of a Firearm Owner's Identification Card of a
18person who has been adjudicated delinquent for an offense that
19if committed by an adult would be a felony if an application
20for relief has been filed at least 10 years after the
21adjudication of delinquency and the court determines that the
22applicant should be granted relief from disability to obtain a
23Firearm Owner's Identification Card. If the court grants
24relief, the court shall notify the Department of State Police
25that the disability has been removed and that the applicant is
26eligible to obtain a Firearm Owner's Identification Card.

 

 

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1    (f) Any person who is prohibited from possessing a firearm
2under 18 U.S.C. 922(d)(4) and 922(g)(4) of the federal Gun
3Control Act of 1968 may apply to the Department of State Police
4requesting relief from such prohibition and the Director shall
5grant such relief if it is established to the Director's
6satisfaction that the person will not be likely to act in a
7manner dangerous to public safety and granting relief would not
8be contrary to the public interest. The Department of State
9Police shall adopt rules for the administration of this
10subsection (f).
11(Source: P.A. 96-1368, eff. 7-28-10.)
 
12    (430 ILCS 65/11)  (from Ch. 38, par. 83-11)
13    Sec. 11. Judicial review of final administrative
14decisions.
15    (a) All final administrative decisions of the Department
16under this Act, except final administrative decisions of the
17Director of State Police to deny a person's application for
18relief under subsection (f) of Section 10 of this Act, shall be
19subject to judicial review under the provisions of the
20Administrative Review Law, and all amendments and
21modifications thereof, and the rules adopted pursuant thereto.
22The term "administrative decision" is defined as in Section
233-101 of the Code of Civil Procedure.
24    (b) Any final administrative decision by the Director of
25State Police to deny a person's application for relief under

 

 

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1subsection (f) of Section 10 of this Act is subject to de novo
2judicial review by the circuit court, and any party may offer
3evidence that is otherwise proper and admissible without regard
4to whether that evidence is part of the administrative record.
5    (c) The Director of State Police shall submit a report to
6the General Assembly on March 1 of each year, beginning March
71, 1991, listing all final decisions by a court of this State
8upholding, reversing, or reversing in part any administrative
9decision made by the Department of State Police.
10(Source: P.A. 86-882.)
 
11    Section 99. Effective date. This Act takes effect upon
12becoming law.