Illinois Compiled Statutes - Full Text

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Illinois Compiled Statutes - Full Text

Illinois Compiled Statutes (ILCS)

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430 ILCS 67/45

    (430 ILCS 67/45)
    Sec. 45. Termination and renewal.
    (a) A person subject to a firearms restraining order issued under this Act may submit one written request at any time during the effective period of the order for a hearing to terminate the order.
        (1) The respondent shall have the burden of proving
    
by a preponderance of the evidence that the respondent does not pose a danger of causing personal injury to himself, herself, or another in the near future by having in his or her custody or control, purchasing, possessing, or receiving a firearm, ammunition, and firearm parts that could be assembled to make an operable firearm.
        (2) If the court finds after the hearing that the
    
respondent has met his or her burden, the court shall terminate the order.
    (b) A petitioner may request a renewal of a firearms restraining order at any time within the 3 months before the expiration of a firearms restraining order.
        (1) A court shall, after notice and a hearing, renew
    
a firearms restraining order issued under this part if the petitioner proves, by clear and convincing evidence, that the respondent continues to pose a danger of causing personal injury to himself, herself, or another in the near future by having in his or her custody or control, purchasing, possessing, or receiving a firearm, ammunition, and firearm parts that could be assembled to make an operable firearm.
        (2) In determining whether to renew a firearms
    
restraining order issued under this Act, the court shall consider evidence of the facts identified in subsection (e) of Section 40 of this Act and any other evidence of an increased risk for violence.
        (3) At the hearing, the petitioner shall have the
    
burden of proving by clear and convincing evidence that the respondent continues to pose a danger of causing personal injury to himself, herself, or another in the near future by having in his or her custody or control, purchasing, possessing, or receiving a firearm, ammunition, and firearm parts that could be assembled to make an operable firearm.
        (4) The renewal of a firearms restraining order
    
issued under this Section shall be in effect for up to one year and may be renewed for an additional period of up to one year, subject to termination by further order of the court at a hearing held under this Section and further renewal by further order of the court under this Section.
(Source: P.A. 101-81, eff. 7-12-19; 102-345, eff. 6-1-22; 102-1116, eff. 1-10-23.)