|
(b-5) This subsection (b-5) applies on and after the |
181st day following the effective date of this amendatory |
Act of the 101st General Assembly. A person under 21 years |
of age who is not an active duty member of the United |
States Armed Forces and does not have the written consent
|
of his or her parent or guardian to acquire and possess |
firearms and firearm
ammunition, or whose parent or |
guardian has revoked such written consent,
or where such |
parent or guardian does not qualify to have a Firearm |
Owner's
Identification Card;
|
(c) A person convicted of a felony under the laws of |
this or any other
jurisdiction;
|
(d) A person addicted to narcotics;
|
(e) A person who has been a patient of a mental health |
facility within the
past 5 years or a person who has been a |
patient in a mental health facility more than 5 years ago |
who has not received the certification required under |
subsection (u) of this Section. An active law enforcement |
officer employed by a unit of government or a Department |
of Corrections employee authorized to possess firearms who |
is denied, revoked, or has his or her Firearm Owner's |
Identification Card seized under this subsection (e) may |
obtain relief as described in subsection (c-5) of Section |
10 of this Act if the officer or employee did not act in a |
manner threatening to the officer or employee, another |
person, or the public as determined by the treating |
|
clinical psychologist or physician, and the officer or |
employee seeks mental health treatment;
|
(f) A person whose mental condition is of such a |
nature that it poses
a clear and present danger to the |
applicant, any other person or persons or
the community;
|
(g) A person who has an intellectual disability;
|
(h) A person who intentionally makes a false statement |
in the Firearm
Owner's Identification Card application;
|
(i) An alien who is unlawfully present in
the United |
States under the laws of the United States;
|
(i-5) An alien who has been admitted to the United |
States under a
non-immigrant visa (as that term is defined |
in Section 101(a)(26) of the
Immigration and Nationality |
Act (8 U.S.C. 1101(a)(26))), except that this
subsection |
(i-5) does not apply to any alien who has been lawfully |
admitted to
the United States under a non-immigrant visa |
if that alien is:
|
(1) admitted to the United States for lawful |
hunting or sporting purposes;
|
(2) an official representative of a foreign |
government who is:
|
(A) accredited to the United States Government |
or the Government's
mission to an international |
organization having its headquarters in the United
|
States; or
|
(B) en route to or from another country to |
|
which that alien is
accredited;
|
(3) an official of a foreign government or |
distinguished foreign visitor
who has been so |
designated by the Department of State;
|
(4) a foreign law enforcement officer of a |
friendly foreign government
entering the United States |
on official business; or
|
(5) one who has received a waiver from the |
Attorney General of the United
States pursuant to 18 |
U.S.C. 922(y)(3);
|
(j) (Blank);
|
(k) A person who has been convicted within the past 5 |
years of battery,
assault, aggravated assault, violation |
of an order of protection, or a
substantially similar |
offense in another jurisdiction, in which a firearm was
|
used or possessed;
|
(l) A person who has been convicted of domestic |
battery, aggravated domestic battery, or a substantially
|
similar offense in another jurisdiction committed before, |
on or after January 1, 2012 (the effective date of Public |
Act 97-158). If the applicant or person who has been |
previously issued a Firearm Owner's Identification Card |
under this Act knowingly and intelligently waives the |
right to have an offense described in this paragraph (l) |
tried by a jury, and by guilty plea or otherwise, results |
in a conviction for an offense in which a domestic |
|
relationship is not a required element of the offense but |
in which a determination of the applicability of 18 U.S.C. |
922(g)(9) is made under Section 112A-11.1 of the Code of |
Criminal Procedure of 1963, an entry by the court of a |
judgment of conviction for that offense shall be grounds |
for denying an application for and for revoking and |
seizing a Firearm Owner's Identification Card previously |
issued to the person under this Act;
|
(m) (Blank);
|
(n) A person who is prohibited from acquiring or |
possessing
firearms or firearm ammunition by any Illinois |
State statute or by federal
law;
|
(o) A minor subject to a petition filed under Section |
5-520 of the
Juvenile Court Act of 1987 alleging that the |
minor is a delinquent minor for
the commission of an |
offense that if committed by an adult would be a felony;
|
(p) An adult who had been adjudicated a delinquent |
minor under the Juvenile
Court Act of 1987 for the |
commission of an offense that if committed by an
adult |
would be a felony;
|
(q) A person who is not a resident of the State of |
Illinois, except as provided in subsection (a-10) of |
Section 4; |
(r) A person who has been adjudicated as a person with |
a mental disability; |
(s) A person who has been found to have a |
|
developmental disability; |
(t) A person involuntarily admitted into a mental |
health facility; or |
(u) A person who has had his or her Firearm Owner's |
Identification Card revoked or denied under subsection (e) |
of this Section or item (iv) of paragraph (2) of |
subsection (a) of Section 4 of this Act because he or she |
was a patient in a mental health facility as provided in |
subsection (e) of this Section, shall not be permitted to |
obtain a Firearm Owner's Identification Card, after the |
5-year period has lapsed, unless he or she has received a |
mental health evaluation by a physician, clinical |
psychologist, or qualified examiner as those terms are |
defined in the Mental Health and Developmental |
Disabilities Code, and has received a certification that |
he or she is not a clear and present danger to himself, |
herself, or others. The physician, clinical psychologist, |
or qualified examiner making the certification and his or |
her employer shall not be held criminally, civilly, or |
professionally liable for making or not making the |
certification required under this subsection, except for |
willful or wanton misconduct. This subsection does not |
apply to a person whose firearm possession rights have |
been restored through administrative or judicial action |
under Section 10 or 11 of this Act. |
Upon revocation of a person's Firearm Owner's |
|
Identification Card, the Department of State Police shall |
provide notice to the person and the person shall comply with |
Section 9.5 of this Act. |
(Source: P.A. 101-80, eff. 7-12-19.)
|
(430 ILCS 65/10) (from Ch. 38, par. 83-10)
|
Sec. 10. Appeal to director; hearing; relief from firearm |
prohibitions. |
(a) Whenever an application for a Firearm Owner's |
Identification
Card is denied, whenever the Department fails |
to act on an application
within 30 days of its receipt, or |
whenever such a Card is revoked or seized
as provided for in |
Section 8 of this Act, the aggrieved party may
appeal
to the |
Director of State Police for a hearing upon
such denial, |
revocation or seizure, unless the denial, revocation, or |
seizure
was based upon a forcible felony, stalking, aggravated |
stalking, domestic
battery, any violation of the Illinois |
Controlled Substances Act, the Methamphetamine Control and |
Community Protection Act, or the
Cannabis Control Act that is |
classified as a Class 2 or greater felony,
any
felony |
violation of Article 24 of the Criminal Code of 1961 or the |
Criminal Code of 2012, or any
adjudication as a delinquent |
minor for the commission of an
offense that if committed by an |
adult would be a felony, in which case the
aggrieved party may |
petition the circuit court in writing in the county of
his or |
her residence for a hearing upon such denial, revocation, or |
|
seizure.
|
(b) At least 30 days before any hearing in the circuit |
court, the
petitioner shall serve the
relevant State's |
Attorney with a copy of the petition. The State's Attorney
may |
object to the petition and present evidence. At the hearing |
the court
shall
determine whether substantial justice has been |
done. Should the court
determine that substantial justice has |
not been done, the court shall issue an
order directing the |
Department of State Police to issue a Card. However, the court |
shall not issue the order if the petitioner is otherwise |
prohibited from obtaining, possessing, or using a firearm |
under
federal law.
|
(c) Any person prohibited from possessing a firearm under |
Sections 24-1.1
or 24-3.1 of the Criminal Code of 2012 or |
acquiring a Firearm Owner's
Identification Card under Section |
8 of this Act may apply to
the Director
of State Police
or |
petition the circuit court in the county where the petitioner |
resides,
whichever is applicable in accordance with subsection |
(a) of this Section,
requesting relief
from such prohibition |
and the Director or court may grant such relief if it
is
|
established by the applicant to the court's or Director's |
satisfaction
that:
|
(0.05) when in the circuit court, the State's Attorney |
has been served
with a written
copy of the
petition at |
least 30 days before any such hearing in the circuit court |
and at
the hearing the
State's Attorney was afforded an |
|
opportunity to present evidence and object to
the |
petition;
|
(1) the applicant has not been convicted of a forcible |
felony under the
laws of this State or any other |
jurisdiction within 20 years of the
applicant's |
application for a Firearm Owner's Identification Card, or |
at
least 20 years have passed since the end of any period |
of imprisonment
imposed in relation to that conviction;
|
(2) the circumstances regarding a criminal conviction, |
where applicable,
the applicant's criminal history and his |
reputation are such that the applicant
will not be likely |
to act in a manner dangerous to public safety;
|
(3) granting relief would not be contrary to the |
public interest; and |
(4) granting relief would not be contrary to federal |
law.
|
(c-5) (1) An active law enforcement officer employed by a |
unit of government or a Department of Corrections employee |
authorized to possess firearms , who is denied, revoked, or |
has his or her Firearm Owner's Identification Card seized |
under subsection (e) of Section 8 of this Act may apply to the |
Director of State Police requesting relief if the officer or |
employee did not act in a manner threatening to the officer or |
employee, another person, or the public as determined by the |
treating clinical psychologist or physician, and as a result |
of his or her work is referred by the employer for or |
|
voluntarily seeks mental health evaluation or treatment by a |
licensed clinical psychologist, psychiatrist, or qualified |
examiner, and: |
(A) the officer or employee has not received treatment |
involuntarily at a mental health facility, regardless of |
the length of admission; or has not been voluntarily |
admitted to a mental health facility for more than 30 days |
and not for more than one incident within the past 5 years; |
and |
(B) the officer or employee has not left the mental |
institution against medical advice. |
(2) The Director of State Police shall grant expedited |
relief to active law enforcement officers and employees |
described in paragraph (1) of this subsection (c-5) upon a |
determination by the Director that the officer's or employee's |
possession of a firearm does not present a threat to |
themselves, others, or public safety. The Director shall act |
on the request for relief within 30 business days of receipt |
of: |
(A) a notarized statement from the officer or employee |
in the form prescribed by the Director detailing the |
circumstances that led to the hospitalization; |
(B) all documentation regarding the admission, |
evaluation, treatment and discharge from the treating |
licensed clinical psychologist or psychiatrist of the |
officer; |
|
(C) a psychological fitness for duty evaluation of the |
person completed after the time of discharge; and |
(D) written confirmation in the form prescribed by the |
Director from the treating licensed clinical psychologist |
or psychiatrist that the provisions set forth in paragraph |
(1) of this subsection (c-5) have been met, the person |
successfully completed treatment, and their professional |
opinion regarding the person's ability to possess |
firearms. |
(3) Officers and employees eligible for the expedited |
relief in paragraph (2) of this subsection (c-5) have the |
burden of proof on eligibility and must provide all |
information required. The Director may not consider granting |
expedited relief until the proof and information is received. |
(4) "Clinical psychologist", "psychiatrist", and |
"qualified examiner" shall have the same meaning as provided |
in Chapter I of the Mental Health and Developmental |
Disabilities Code. |
(c-10) (1) An applicant, who is denied, revoked, or has |
his or her Firearm Owner's Identification Card seized under |
subsection (e) of Section 8 of this Act based upon a |
determination of a developmental disability or an intellectual |
disability may apply to the Director of State Police |
requesting relief. |
(2) The Director shall act on the request for relief |
within 60 business days of receipt of written certification, |
|
in the form prescribed by the Director, from a physician or |
clinical psychologist, or qualified examiner, that the |
aggrieved party's developmental disability or intellectual |
disability condition is determined by a physician, clinical |
psychologist, or qualified to be mild. If a fact-finding |
conference is scheduled to obtain additional information |
concerning the circumstances of the denial or revocation, the |
60 business days the Director has to act shall be tolled until |
the completion of the fact-finding conference. |
(3) The Director may grant relief if the aggrieved party's |
developmental disability or intellectual disability is mild as |
determined by a physician, clinical psychologist, or qualified |
examiner and it is established by the applicant to the |
Director's satisfaction that: |
(A) granting relief would not be contrary to the |
public interest; and |
(B) granting relief would not be contrary to federal |
law. |
(4) The Director may not grant relief if the condition is |
determined by a physician, clinical psychologist, or qualified |
examiner to be moderate, severe, or profound. |
(5) The changes made to this Section by this amendatory |
Act of the 99th General Assembly apply to requests for
relief |
pending on or before the effective date of this amendatory |
Act, except that the 60-day period for the Director to act on |
requests pending before the effective date shall begin
on the |
|
effective date of this amendatory Act. |
(d) When a minor is adjudicated delinquent for an offense |
which if
committed by an adult would be a felony, the court |
shall notify the Department
of State Police.
|
(e) The court shall review the denial of an application or |
the revocation of
a Firearm Owner's Identification Card of a |
person who has been adjudicated
delinquent for an offense that |
if
committed by an adult would be a felony if an
application |
for relief has been filed at least 10 years after the |
adjudication
of delinquency and the court determines that the |
applicant should be
granted relief from disability to obtain a |
Firearm Owner's Identification Card.
If the court grants |
relief, the court shall notify the Department of State
Police |
that the disability has
been removed and that the applicant is |
eligible to obtain a Firearm Owner's
Identification Card.
|
(f) Any person who is subject to the disabilities of 18 |
U.S.C. 922(d)(4) and 922(g)(4) of the federal Gun Control Act |
of 1968 because of an adjudication or commitment that occurred |
under the laws of this State or who was determined to be |
subject to the provisions of subsections (e), (f), or (g) of |
Section 8 of this Act may apply to the Department of State |
Police requesting relief from that prohibition. The Director |
shall grant the relief if it is established by a preponderance |
of the evidence that the person will not be likely to act in a |
manner dangerous to public safety and that granting relief |
would not be contrary to the public interest. In making this |
|
determination, the Director shall receive evidence concerning |
(i) the circumstances regarding the firearms disabilities from |
which relief is sought; (ii) the petitioner's mental health |
and criminal history records, if any; (iii) the petitioner's |
reputation, developed at a minimum through character witness |
statements, testimony, or other character evidence; and (iv) |
changes in the petitioner's condition or circumstances since |
the disqualifying events relevant to the relief sought. If |
relief is granted under this subsection or by order of a court |
under this Section, the Director shall as soon as practicable |
but in no case later than 15 business days, update, correct, |
modify, or remove the person's record in any database that the |
Department of State Police makes available to the National |
Instant Criminal Background Check System and notify the United |
States Attorney General that the basis for the record being |
made available no longer applies. The Department of State |
Police shall adopt rules for the administration of this |
Section. |
(Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15; 99-78, |
eff. 7-20-15.)
|
Section 10. The Unified Code of Corrections is amended by |
adding Section 3-2-13 as follows:
|
(730 ILCS 5/3-2-13 new) |
Sec. 3-2-13. Possession of a Firearm Owner's |
|
Identification Card. The Department of Corrections shall not |
make possession of a Firearm Owner's Identification Card a |
condition of continued employment as a Department employee |
authorized to possess firearms if the employee's Firearm |
Owner's Identification Card is revoked or seized because the |
employee has been a patient of a mental health facility and the |
employee has not been determined to pose a clear and present |
danger to himself, herself, or others as determined by a |
physician, clinical psychologist, or qualified examiner. |
Nothing is this Section shall otherwise impair the |
Department's ability to determine an employee's fitness for |
duty. A collective bargaining agreement already in effect on |
this issue on the effective date of this amendatory Act of the |
102nd General Assembly cannot be modified, but on or after the |
effective date of this amendatory Act of the 102nd General |
Assembly, the Department cannot require a Firearm Owner's |
Identification Card as a condition of continued employment in |
a collective bargaining agreement. The Department shall |
document if and why an employee has been determined to pose a |
clear and present danger. In this Section, "mental health |
facility" and "qualified examiner" have the meanings provided |
in the Mental Health and Developmental Disabilities Code.
|