Illinois General Assembly - Full Text of HB1536
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Full Text of HB1536  93rd General Assembly

HB1536ham001 93rd General Assembly



                                     LRB093 03358 RLC 12120 a

 1                    AMENDMENT TO HOUSE BILL 1536

 2        AMENDMENT NO.     .  Amend House Bill 1536 as follows:
 3    on page 1, line 5, by replacing "and 8" with ", 8,  and  10";
 4    and

 5    on page 7, by inserting after line 12, the following:

 6        "(430 ILCS 65/10) (from Ch. 38, par. 83-10)
 7        Sec.  10.   (a)  Whenever  an  application  for a Firearm
 8    Owner's  Identification  Card   is   denied,   whenever   the
 9    Department  fails  to act on an application within 30 days of
10    its receipt, or whenever such a Card is revoked or seized  as
11    provided  for  in  Section 8 of this Act, the aggrieved party
12    may appeal to the Director of the Department of State  Police
13    for a hearing upon such denial, revocation or seizure, unless
14    the  denial, revocation, or seizure was based upon a forcible
15    felony, stalking, aggravated stalking, domestic battery,  any
16    violation of either the Illinois Controlled Substances Act or
17    the  Cannabis  Control Act that is classified as a Class 2 or
18    greater felony, or any felony violation of Article 24 of  the
19    Criminal  Code  of  1961, or any adjudication as a delinquent
20    minor for the commission of an offense that if  committed  by
21    an adult would be a felony, in which case the aggrieved party
22    may  petition  the  circuit court in writing in the county of
                            -2-      LRB093 03358 RLC 12120 a
 1    his  or  her  residence  for  a  hearing  upon  such  denial,
 2    revocation, or seizure.
 3        (b)  At least 30 days before any hearing in  the  circuit
 4    court,  the  petitioner  shall  serve  the  relevant  State's
 5    Attorney  with  a copy of the petition.  The State's Attorney
 6    may object to the petition  and  present  evidence.   At  the
 7    hearing the court shall determine whether substantial justice
 8    has  been  done.  Should the court determine that substantial
 9    justice has not been done, the court  shall  issue  an  order
10    directing the Department of State Police to issue a Card.
11        (c)  Any  person  prohibited  from  possessing  a firearm
12    under Sections 24-1.1 or 24-3.1 of the Criminal Code of  1961
13    or  acquiring  a  Firearm  Owner's  Identification Card under
14    Section 8 of this Act  may  apply  to  the  Director  of  the
15    Department  of  State Police or petition the circuit court in
16    the  county  where  the  petitioner  resides,  whichever   is
17    applicable in accordance with subsection (a) of this Section,
18    requesting  relief  from such prohibition and the Director or
19    court may grant such relief  if  it  is  established  by  the
20    applicant to the court's or Director's satisfaction that:
21             (0.05)  when  in  the  circuit  court,  the  State's
22        Attorney  has  been  served  with  a  written copy of the
23        petition at least 30 days before any such hearing in  the
24        circuit court and at the hearing the State's Attorney was
25        afforded an opportunity to present evidence and object to
26        the petition;
27             (1)  the  applicant  has  not  been  convicted  of a
28        forcible felony under the laws of this State or any other
29        jurisdiction  within  20   years   of   the   applicant's
30        application for a Firearm Owner's Identification Card, or
31        at least 20 years have passed since the end of any period
32        of imprisonment imposed in relation to that conviction;
33             (2)  the    circumstances   regarding   a   criminal
34        conviction, where applicable,  the  applicant's  criminal
                            -3-      LRB093 03358 RLC 12120 a
 1        history  and  his  reputation are such that the applicant
 2        will not be likely to act in a manner dangerous to public
 3        safety; and
 4             (3)  granting relief would not be  contrary  to  the
 5        public interest.
 6        (d)  When  a  minor  is  adjudicated  delinquent  for  an
 7    offense which if committed by an adult would be a felony, the
 8    court shall notify the Department of State Police.
 9        (e)  The  court shall review the denial of an application
10    or the revocation of a Firearm Owner's Identification Card of
11    a person who has been adjudicated delinquent for  an  offense
12    that  if  committed  by  an  adult  would  be  a felony if an
13    application for relief has been filed at least 10 years after
14    the adjudication of delinquency and the court determines that
15    the applicant should be granted  relief  from  disability  to
16    obtain  a  Firearm  Owner's Identification Card. If the court
17    grants relief, the court shall notify the Department of State
18    Police that the disability has  been  removed  and  that  the
19    applicant   is   eligible   to   obtain   a  Firearm  Owner's
20    Identification Card.
21    (Source: P.A. 92-442, eff. 8-17-01.)".