Illinois General Assembly - Full Text of SB3186
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Full Text of SB3186  103rd General Assembly

SB3186 103RD GENERAL ASSEMBLY

 


 
103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB3186

 

Introduced 2/6/2024, 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.


LRB103 37989 RLC 68121 b

 

 

A BILL FOR

 

SB3186LRB103 37989 RLC 68121 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 finds that the
16applicant or the person to whom such card was issued is or was
17at 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). A person under 21 years of age who does not have

 

 

SB3186- 2 -LRB103 37989 RLC 68121 b

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

 

 

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

 

 

SB3186- 4 -LRB103 37989 RLC 68121 b

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 noncitizen 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

 

 

SB3186- 5 -LRB103 37989 RLC 68121 b

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;

 

 

SB3186- 6 -LRB103 37989 RLC 68121 b

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

 

 

SB3186- 7 -LRB103 37989 RLC 68121 b

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; 102-813, eff. 5-13-22; 102-1030, eff.
125-27-22; 102-1116, eff. 1-10-23.)
 
13    (430 ILCS 65/8.1)  (from Ch. 38, par. 83-8.1)
14    Sec. 8.1. Notifications to the Illinois State Police and
15State's Attorney.
16    (a) The Circuit Clerk shall, in the form and manner
17required by the Supreme Court, notify the Illinois State
18Police and the State's Attorney of the county of residence of
19the person for which the disposition is applicable of all
20final dispositions of cases for which the Illinois State
21Police Department has received information reported to it
22under Sections 2.1 and 2.2 of the Criminal Identification Act.
23    (b) Upon adjudication of any individual as a person with a
24mental disability as defined in Section 1.1 of this Act or a
25finding that a person has been involuntarily admitted, the

 

 

SB3186- 8 -LRB103 37989 RLC 68121 b

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

 

 

SB3186- 9 -LRB103 37989 RLC 68121 b

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

 

 

SB3186- 10 -LRB103 37989 RLC 68121 b

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

 

 

SB3186- 11 -LRB103 37989 RLC 68121 b

1    Sec. 8.2. Firearm Owner's Identification Card denial,
2suspension, or revocation. The Illinois State Police shall
3deny an application or shall suspend or revoke and seize a
4Firearm Owner's Identification Card previously issued under
5this Act if the Department finds that the applicant or person
6to whom such card was issued is or was at the time of issuance
7subject to a protective order issued under the laws of this or
8any other jurisdiction. When the duration of the protective
9order is expected to be less than 45 days one year, the
10Illinois State Police may suspend the Firearm Owner's
11Identification Card under Section 8.3 of the Act and shall
12reinstate it upon conclusion of the suspension if no other
13grounds for denial or revocation are found under Section 8 of
14the Act.
15(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21.)
 
16    (430 ILCS 65/8.3)
17    Sec. 8.3. Suspension of Firearm Owner's Identification
18Card. The Illinois State Police may suspend the Firearm
19Owner's Identification Card of a person whose Firearm Owner's
20Identification Card is subject to revocation and seizure under
21this Act for a period of not less than 30 days and not more
22than 45 days. The Illinois State Police shall schedule a
23revocation hearing with the clerk of the circuit court and the
24State's Attorney of the county of the person's residence not
25less than 30 days and not more than 45 days after the

 

 

SB3186- 12 -LRB103 37989 RLC 68121 b

1suspension of the person's Firearm Owner's Identification
2Card. If the hearing is not scheduled within that 45-day
3period, the Illinois State Police shall reinstate the person's
4Firearm Owner's Identification Card and may not seek
5revocation of that person's Firearm Owner's Identification
6Card. The hearing shall be conducted in the manner provided in
7subsection (g) of Section 10 the duration of the
8disqualification if the disqualification is not a permanent
9ground for revocation of a Firearm Owner's Identification Card
10under this Act. The Illinois State Police may adopt rules
11necessary to implement this Section.
12(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
13102-813, eff. 5-13-22; 103-154, eff. 6-30-23.)
 
14    (430 ILCS 65/10)  (from Ch. 38, par. 83-10)
15    Sec. 10. Appeals; hearing; relief from firearm
16prohibitions.
17    (a) Whenever an application for a Firearm Owner's
18Identification Card is denied or whenever such a Card is
19revoked or seized as provided for in Section 8 of this Act, the
20aggrieved party may (1) file a record challenge with the
21Director regarding the record upon which the decision to deny
22or revoke the Firearm Owner's Identification Card was based
23under subsection (a-5); or (2) appeal to the Director of the
24Illinois State Police through December 31, 2022, or beginning
25January 1, 2023, the Firearm Owner's Identification Card

 

 

SB3186- 13 -LRB103 37989 RLC 68121 b

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

 

 

SB3186- 14 -LRB103 37989 RLC 68121 b

1    paid from funds which shall be appropriated to the Board
2    by the General Assembly for the ordinary and contingent
3    expenses of the Board.
4        (1) The Board shall consist of 7 members appointed by
5    the Governor, with the advice and consent of the Senate,
6    with 3 members residing within the First Judicial District
7    and one member residing within each of the 4 remaining
8    Judicial Districts. No more than 4 members shall be
9    members of the same political party. The Governor shall
10    designate one member as the chairperson. The members shall
11    have actual experience in law, education, social work,
12    behavioral sciences, law enforcement, or community affairs
13    or in a combination of those areas.
14        (2) The terms of the members initially appointed after
15    January 1, 2022 (the effective date of Public Act 102-237)
16    shall be as follows: one of the initial members shall be
17    appointed for a term of one year, 3 shall be appointed for
18    terms of 2 years, and 3 shall be appointed for terms of 4
19    years. Thereafter, members shall hold office for 4 years,
20    with terms expiring on the second Monday in January
21    immediately following the expiration of their terms and
22    every 4 years thereafter. Members may be reappointed.
23    Vacancies in the office of member shall be filled in the
24    same manner as the original appointment, for the remainder
25    of the unexpired term. The Governor may remove a member
26    for incompetence, neglect of duty, malfeasance, or

 

 

SB3186- 15 -LRB103 37989 RLC 68121 b

1    inability to serve. Members shall receive compensation in
2    an amount equal to the compensation of members of the
3    Executive Ethics Commission and, beginning July 1, 2023,
4    shall be compensated from appropriations provided to the
5    Comptroller for this purpose. Members may be reimbursed,
6    from funds appropriated for such a purpose, for reasonable
7    expenses actually incurred in the performance of their
8    Board duties. The Illinois State Police shall designate an
9    employee to serve as Executive Director of the Board and
10    provide logistical and administrative assistance to the
11    Board.
12        (3) The Board shall meet at least quarterly each year
13    and at the call of the chairperson as often as necessary to
14    consider appeals of decisions made with respect to
15    applications for a Firearm Owner's Identification Card
16    under this Act. If necessary to ensure the participation
17    of a member, the Board shall allow a member to participate
18    in a Board meeting by electronic communication. Any member
19    participating electronically shall be deemed present for
20    purposes of establishing a quorum and voting.
21        (4) The Board shall adopt rules for the review of
22    appeals and the conduct of hearings. The Board shall
23    maintain a record of its decisions and all materials
24    considered in making its decisions. All Board decisions
25    and voting records shall be kept confidential and all
26    materials considered by the Board shall be exempt from

 

 

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1    inspection except upon order of a court.
2        (5) In considering an appeal, the Board shall review
3    the materials received concerning the denial or revocation
4    by the Illinois State Police. By a vote of at least 4
5    members, the Board may request additional information from
6    the Illinois State Police or the applicant or the
7    testimony of the Illinois State Police or the applicant.
8    The Board may require that the applicant submit electronic
9    fingerprints to the Illinois State Police for an updated
10    background check if the Board determines it lacks
11    sufficient information to determine eligibility. The Board
12    may consider information submitted by the Illinois State
13    Police, a law enforcement agency, or the applicant. The
14    Board shall review each denial or revocation and determine
15    by a majority of members whether an applicant should be
16    granted relief under subsection (c).
17        (6) The Board shall by order issue summary decisions.
18    The Board shall issue a decision within 45 days of
19    receiving all completed appeal documents from the Illinois
20    State Police and the applicant. However, the Board need
21    not issue a decision within 45 days if:
22            (A) the Board requests information from the
23        applicant, including, but not limited to, electronic
24        fingerprints to be submitted to the Illinois State
25        Police, in accordance with paragraph (5) of this
26        subsection, in which case the Board shall make a

 

 

SB3186- 17 -LRB103 37989 RLC 68121 b

1        decision within 30 days of receipt of the required
2        information from the applicant;
3            (B) the applicant agrees, in writing, to allow the
4        Board additional time to consider an appeal; or
5            (C) the Board notifies the applicant and the
6        Illinois State Police that the Board needs an
7        additional 30 days to issue a decision. The Board may
8        only issue 2 extensions under this subparagraph (C).
9        The Board's notification to the applicant and the
10        Illinois State Police shall include an explanation for
11        the extension.
12        (7) If the Board determines that the applicant is
13    eligible for relief under subsection (c), the Board shall
14    notify the applicant and the Illinois State Police that
15    relief has been granted and the Illinois State Police
16    shall issue the Card.
17        (8) Meetings of the Board shall not be subject to the
18    Open Meetings Act and records of the Board shall not be
19    subject to the Freedom of Information Act.
20        (9) The Board shall report monthly to the Governor and
21    the General Assembly on the number of appeals received and
22    provide details of the circumstances in which the Board
23    has determined to deny Firearm Owner's Identification
24    Cards under this subsection (a-5). The report shall not
25    contain any identifying information about the applicants.
26    (a-10) Whenever an applicant or cardholder is not seeking

 

 

SB3186- 18 -LRB103 37989 RLC 68121 b

1relief from a firearms prohibition under subsection (c) but
2rather does not believe the applicant is appropriately denied
3or revoked and is challenging the record upon which the
4decision to deny or revoke the Firearm Owner's Identification
5Card was based, or whenever the Illinois State Police fails to
6act on an application within 30 days of its receipt, the
7applicant shall file such challenge with the Director. The
8Director shall render a decision within 60 business days of
9receipt of all information supporting the challenge. The
10Illinois State Police shall adopt rules for the review of a
11record challenge.
12    (b) At least 30 days before any hearing in the circuit
13court, the petitioner shall serve the relevant State's
14Attorney with a copy of the petition. The State's Attorney may
15object to the petition and present evidence. At the hearing,
16the court shall determine whether substantial justice has been
17done. Should the court determine that substantial justice has
18not been done, the court shall issue an order directing the
19Illinois State Police to issue a Card. However, the court
20shall not issue the order if the petitioner is otherwise
21prohibited from obtaining, possessing, or using a firearm
22under federal law.
23    (c) Any person prohibited from possessing a firearm under
24Sections 24-1.1 or 24-3.1 of the Criminal Code of 2012 or
25acquiring a Firearm Owner's Identification Card under Section
268 of this Act may apply to the Firearm Owner's Identification

 

 

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

 

 

SB3186- 20 -LRB103 37989 RLC 68121 b

1    (c-5) (1) An active law enforcement officer employed by a
2unit of government or a Department of Corrections employee
3authorized to possess firearms who is denied a , revoked, or
4has his or her Firearm Owner's Identification Card seized
5under subsection (e) of Section 8 of this Act may apply to the
6Firearm Owner's Identification Card Review Board requesting
7relief if the officer or employee did not act in a manner
8threatening to the officer or employee, another person, or the
9public as determined by the treating clinical psychologist or
10physician, and as a result of his or her work is referred by
11the employer for or voluntarily seeks mental health evaluation
12or treatment by a licensed clinical psychologist,
13psychiatrist, or qualified examiner, and:
14        (A) the officer or employee has not received treatment
15    involuntarily at a mental health facility, regardless of
16    the length of admission; or has not been voluntarily
17    admitted to a mental health facility for more than 30 days
18    and not for more than one incident within the past 5 years;
19    and
20        (B) the officer or employee has not left the mental
21    institution against medical advice.
22    (2) The Firearm Owner's Identification Card Review Board
23shall grant expedited relief to active law enforcement
24officers and employees described in paragraph (1) of this
25subsection (c-5) upon a determination by the Board that the
26officer's or employee's possession of a firearm does not

 

 

SB3186- 21 -LRB103 37989 RLC 68121 b

1present a threat to themselves, others, or public safety. The
2Board shall act on the request for relief within 30 business
3days of receipt of:
4        (A) a notarized statement from the officer or employee
5    in the form prescribed by the Board detailing the
6    circumstances that led to the hospitalization;
7        (B) all documentation regarding the admission,
8    evaluation, treatment and discharge from the treating
9    licensed clinical psychologist or psychiatrist of the
10    officer;
11        (C) a psychological fitness for duty evaluation of the
12    person completed after the time of discharge; and
13        (D) written confirmation in the form prescribed by the
14    Board from the treating licensed clinical psychologist or
15    psychiatrist that the provisions set forth in paragraph
16    (1) of this subsection (c-5) have been met, the person
17    successfully completed treatment, and their professional
18    opinion regarding the person's ability to possess
19    firearms.
20    (3) Officers and employees eligible for the expedited
21relief in paragraph (2) of this subsection (c-5) have the
22burden of proof on eligibility and must provide all
23information required. The Board may not consider granting
24expedited relief until the proof and information is received.
25    (4) "Clinical psychologist", "psychiatrist", and
26"qualified examiner" shall have the same meaning as provided

 

 

SB3186- 22 -LRB103 37989 RLC 68121 b

1in Chapter I of the Mental Health and Developmental
2Disabilities Code.
3    (c-10) (1) An applicant, who is denied a , revoked, or has
4his or her Firearm Owner's Identification Card seized under
5subsection (e) of Section 8 of this Act based upon a
6determination of a developmental disability or an intellectual
7disability may apply to the Firearm Owner's Identification
8Card Review Board requesting relief.
9    (2) The Board shall act on the request for relief within 60
10business days of receipt of written certification, in the form
11prescribed by the Board, from a physician or clinical
12psychologist, or qualified examiner, that the aggrieved
13party's developmental disability or intellectual disability
14condition is determined by a physician, clinical psychologist,
15or qualified to be mild. If a fact-finding conference is
16scheduled to obtain additional information concerning the
17circumstances of the denial or revocation, the 60 business
18days the Director has to act shall be tolled until the
19completion of the fact-finding conference.
20    (3) The Board may grant relief if the aggrieved party's
21developmental disability or intellectual disability is mild as
22determined by a physician, clinical psychologist, or qualified
23examiner and it is established by the applicant to the Board's
24satisfaction that:
25        (A) granting relief would not be contrary to the
26    public interest; and

 

 

SB3186- 23 -LRB103 37989 RLC 68121 b

1        (B) granting relief would not be contrary to federal
2    law.
3    (4) The Board may not grant relief if the condition is
4determined by a physician, clinical psychologist, or qualified
5examiner to be moderate, severe, or profound.
6    (5) The changes made to this Section by Public Act 99-29
7apply to requests for relief pending on or before July 10, 2015
8(the effective date of Public Act 99-29), except that the
960-day period for the Director to act on requests pending
10before the effective date shall begin on July 10, 2015 (the
11effective date of Public Act 99-29). All appeals as provided
12in subsection (a-5) pending on January 1, 2023 shall be
13considered by the Board.
14    (d) When a minor is adjudicated delinquent for an offense
15which if committed by an adult would be a felony, the court
16shall notify the Illinois State Police.
17    (e) The court shall review the denial of an application or
18the revocation of a Firearm Owner's Identification Card of a
19person who has been adjudicated delinquent for an offense that
20if committed by an adult would be a felony if an application
21for relief has been filed at least 10 years after the
22adjudication of delinquency and the court determines that the
23applicant should be granted relief from disability to obtain a
24Firearm Owner's Identification Card. If the court grants
25relief, the court shall notify the Illinois State Police that
26the disability has been removed and that the applicant is

 

 

SB3186- 24 -LRB103 37989 RLC 68121 b

1eligible to obtain a Firearm Owner's Identification Card.
2    (f) Any person who is subject to the disabilities of 18
3U.S.C. 922(d)(4) and 922(g)(4) of the federal Gun Control Act
4of 1968 because of an adjudication or commitment that occurred
5under the laws of this State or who was determined to be
6subject to the provisions of subsections (e), (f), or (g) of
7Section 8 of this Act may apply to the Illinois State Police
8requesting relief from that prohibition. The Board shall grant
9the relief if it is established by a preponderance of the
10evidence that the person will not be likely to act in a manner
11dangerous to public safety and that granting relief would not
12be contrary to the public interest. In making this
13determination, the Board shall receive evidence concerning (i)
14the circumstances regarding the firearms disabilities from
15which relief is sought; (ii) the petitioner's mental health
16and criminal history records, if any; (iii) the petitioner's
17reputation, developed at a minimum through character witness
18statements, testimony, or other character evidence; and (iv)
19changes in the petitioner's condition or circumstances since
20the disqualifying events relevant to the relief sought. If
21relief is granted under this subsection or by order of a court
22under this Section, the Director shall as soon as practicable
23but in no case later than 15 business days, update, correct,
24modify, or remove the person's record in any database that the
25Illinois State Police makes available to the National Instant
26Criminal Background Check System and notify the United States

 

 

SB3186- 25 -LRB103 37989 RLC 68121 b

1Attorney General that the basis for the record being made
2available no longer applies. The Illinois State Police shall
3adopt rules for the administration of this Section.
4    (g) Notwithstanding any other provision of this Act to the
5contrary, on or after the effective date of this amendatory
6Act of the 103rd General Assembly, the Illinois State Police
7may not revoke a Firearm Owner's Identification Card. On or
8after the effective date of this amendatory Act of the 103rd
9General Assembly, a Firearm Owner's Identification Card may
10only be revoked after a Firearm Owner's Identification Card
11hearing has been held in the circuit court of the county of
12residence of the person whose Firearm Owner's Identification
13Card is sought to be revoked. If the State's Attorney of the
14county of residence of the person whose Firearm Owner's
15Identification Card is sought to be revoked has probable cause
16to believe that the person who has been issued a Firearm
17Owner's Identification Card is no longer eligible for the Card
18under Section 8, the State's Attorney shall file a petition in
19the circuit court of the county of residence of the person
20whose Card is sought to be revoked. At the hearing, the person
21may present evidence in his or her favor seeking retention of
22his or her Firearm Owner's Identification Card and the
23Illinois State Police and State's Attorney may present
24evidence for revocation. The hearing shall be a civil
25proceeding and subject to due process, the Code of Civil
26Procedure, and the Illinois Rules of Evidence as adopted by

 

 

SB3186- 26 -LRB103 37989 RLC 68121 b

1the Supreme Court. The hearing shall be held within 45 days
2after the filing of the petition. If the circuit court
3determines, by clear and convincing evidence, that the person
4is ineligible for retention of his or her Firearm Owner's
5Identification Card under Section 8, the court shall order the
6Illinois State Police to immediately revoke the Card and the
7circuit clerk shall seize the Card and transmit the Card to the
8Illinois State Police.
9(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
10102-645, eff. 1-1-22; 102-813, eff. 5-13-22; 102-1115, eff.
111-9-23; 102-1129, eff. 2-10-23; revised 2-28-23.)