Proposed Illinois Firearm Legislation HB5849
Legislation Overview
Title: FIREARM REVOCATION PROCEDURE
Description: Creates the Gun Violence Protection Order Act. Provides that a circuit court may issue a warrant to search for and seize a firearm in the possession of a person who is believed to pose a clear and present danger to himself, herself, or to others if: (1) a law enforcement officer provides the court a sworn affidavit; (2) the affidavit specifically describes the location of the firearm; and (3) the circuit court determines that probable cause exists to believe that the person poses a clear and present danger to himself, herself, or others and is in possession of a firearm. Provides that if a law enforcement officer seizes a firearm from a person whom the law enforcement officer believes to pose a clear and present danger to himself, herself, or to others without obtaining a warrant, the law enforcement officer shall submit to the circuit court having jurisdiction over the person believed to pose a clear and present danger to himself, herself, or to others, a written statement under oath or affirmation describing the basis for the law enforcement officer's belief that the person poses a clear and present danger to himself, herself, or to others. Provides that not later than 14 days after a return is filed or a written statement is submitted, the court shall conduct a hearing to determine whether the seized firearm should be: (1) returned to the person from whom the firearm was seized; or (2) retained by the law enforcement agency having custody of the firearm. Repeals the Firearm Seizure Act on January 1, 2019. Makes other changes. Effective January 1, 2019.
Session: 100th General Assembly
Last Action: Referred to Rules Committee
Last Action Date: April 3, 2018
Sponsors
Note: the first sponsor listed is normally the primary sponsor. If a sponsor's name is a hyperlink you can click on it to 'follow the money'.
3 sponsors: David McSweeney (R); Margo McDermed (R); Jonathan Carroll (D)
Percentage of House Of Representatives sponsoring bill: 3% (3 of 118)
History
| Chamber | Date | Action |
| House | Apr 3, 2018 | First Reading |
| House | Apr 3, 2018 | Referred to Rules Committee |
| House | Apr 2, 2018 | Added Co-Sponsor Rep. Jonathan Carroll |
| House | Mar 29, 2018 | Added Co-Sponsor Rep. Margo McDermed |
| House | Mar 22, 2018 | Filed with the Clerk by Rep. David McSweeney |
Texts
| Type | Date | State Link | Text |
| Introduced | Mar 22, 2018 | state link | bill text |
Amendments
| Title | Description | Date | State Link | Text | Adopted |
| There are no amendments to this bill at this time | |||||
Votes - Click on description to view vote roll call
There have not been any votes on this bill
Link: link to state bill page
