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| 1 | AN ACT concerning safety.
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| 2 | Be it enacted by the People of the State of Illinois,
| |||||||||||||||||||||||||||
| 3 | represented in the General Assembly:
| |||||||||||||||||||||||||||
| 4 | Section 5. The Firearm Owners Identification Card Act is | |||||||||||||||||||||||||||
| 5 | amended by changing Sections 8, 8.1, 8.2, 8.3, and 10 as | |||||||||||||||||||||||||||
| 6 | follows:
| |||||||||||||||||||||||||||
| 7 | (430 ILCS 65/8) (from Ch. 38, par. 83-8)
| |||||||||||||||||||||||||||
| 8 | Sec. 8. Grounds for denial and revocation. The Illinois | |||||||||||||||||||||||||||
| 9 | State Police has authority to deny an
application for or to | |||||||||||||||||||||||||||
| 10 | revoke and seize a Firearm Owner's Identification
Card | |||||||||||||||||||||||||||
| 11 | previously issued under this Act and the circuit court of the | |||||||||||||||||||||||||||
| 12 | county of the person's residence has the authority to revoke | |||||||||||||||||||||||||||
| 13 | and order the seizure of the person's Firearm Owner's | |||||||||||||||||||||||||||
| 14 | Identification Card under subsection (g) of Section 10 only if | |||||||||||||||||||||||||||
| 15 | the Illinois State Police or circuit court finds that the
| |||||||||||||||||||||||||||
| 16 | applicant or the person to whom such card was issued is or was | |||||||||||||||||||||||||||
| 17 | at 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 | |||||||||||||||||||||||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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;
| ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| 7 | Identification Card, the Illinois State Police shall provide | ||||||
| 8 | notice to the person and the person shall comply with Section | ||||||
| 9 | 9.5 of this Act. | ||||||
| 10 | (Source: P.A. 101-80, eff. 7-12-19; 102-538, eff. 8-20-21; | ||||||
| 11 | 102-645, eff. 1-1-22; 102-813, eff. 5-13-22; 102-1030, eff. | ||||||
| 12 | 5-27-22; 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 | ||||||
| 15 | State's Attorney.
| ||||||
| 16 | (a) The Circuit Clerk shall, in the form and manner | ||||||
| 17 | required by the
Supreme Court, notify the Illinois State | ||||||
| 18 | Police and the State's Attorney of the county of residence of | ||||||
| 19 | the person for which the disposition is applicable of all | ||||||
| 20 | final dispositions
of cases for which the Illinois State | ||||||
| 21 | Police Department has received information reported to it | ||||||
| 22 | under
Sections 2.1 and 2.2 of the Criminal Identification Act.
| ||||||
| 23 | (b) Upon adjudication of any individual as a person with a | ||||||
| 24 | mental disability as defined in Section 1.1 of this Act or a | ||||||
| 25 | finding that a person has been involuntarily admitted, the | ||||||
| |||||||
| |||||||
| 1 | court shall direct the circuit court clerk to immediately | ||||||
| 2 | notify the Illinois State Police, Firearm Owner's | ||||||
| 3 | Identification (FOID) department and the State's Attorney of | ||||||
| 4 | the county of residence of the person adjudicated with the | ||||||
| 5 | mental disability or involuntarily admitted, and shall forward | ||||||
| 6 | a copy of the court order to the Illinois State Police | ||||||
| 7 | Department. | ||||||
| 8 | (b-1) Beginning July 1, 2016, and each July 1 and December | ||||||
| 9 | 30 of every year thereafter, the circuit court clerk shall, in | ||||||
| 10 | the form and manner prescribed by the Illinois State Police, | ||||||
| 11 | notify the Illinois State Police, Firearm Owner's | ||||||
| 12 | Identification (FOID) department if the court has not directed | ||||||
| 13 | the circuit court clerk to notify the Illinois State Police, | ||||||
| 14 | Firearm Owner's Identification (FOID) department under | ||||||
| 15 | subsection (b) of this Section, within the preceding 6 months, | ||||||
| 16 | because no person has been adjudicated as a person with a | ||||||
| 17 | mental disability by the court as defined in Section 1.1 of | ||||||
| 18 | this Act or if no person has been involuntarily admitted. The | ||||||
| 19 | Supreme Court may adopt any orders or rules necessary to | ||||||
| 20 | identify the persons who shall be reported to the Illinois | ||||||
| 21 | State Police under subsection (b), or any other orders or | ||||||
| 22 | rules necessary to implement the requirements of this Act. | ||||||
| 23 | (c) The Department of Human Services shall, in the form | ||||||
| 24 | and manner prescribed by the Illinois State Police, report all | ||||||
| 25 | information collected under subsection (b) of Section 12 of | ||||||
| 26 | the Mental Health and Developmental Disabilities | ||||||
| |||||||
| |||||||
| 1 | Confidentiality Act for the purpose of determining whether a | ||||||
| 2 | person who may be or may have been a patient in a mental health | ||||||
| 3 | facility is disqualified under State or federal law from | ||||||
| 4 | receiving or retaining a Firearm Owner's Identification Card, | ||||||
| 5 | or purchasing a weapon. | ||||||
| 6 | (d) If a person is determined to pose a clear and present | ||||||
| 7 | danger 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 | ||||||
| 24 | its records and information relating to mental health and | ||||||
| 25 | developmental disabilities, and if appropriate, shall notify | ||||||
| 26 | the Illinois State Police in a form and manner prescribed by | ||||||
| |||||||
| |||||||
| 1 | the Illinois State Police and the State's Attorney of the | ||||||
| 2 | county of residence of the person. The State's Attorney of the | ||||||
| 3 | county of residence of the person Illinois State Police shall | ||||||
| 4 | determine whether to seek a hearing before the circuit court | ||||||
| 5 | of residence of the person to revoke the person's Firearm | ||||||
| 6 | Owner's Identification Card under Section 8 of this Act. Any | ||||||
| 7 | information disclosed under this subsection shall remain | ||||||
| 8 | privileged and confidential, and shall not be redisclosed, | ||||||
| 9 | except as required under subsection (e) of Section 3.1 of this | ||||||
| 10 | Act, nor used for any other purpose. The method of providing | ||||||
| 11 | this information shall guarantee that the information is not | ||||||
| 12 | released beyond what is necessary for the purpose of this | ||||||
| 13 | Section and shall be provided by rule by the Department of | ||||||
| 14 | Human Services. The identity of the person reporting under | ||||||
| 15 | this Section shall not be disclosed to the subject of the | ||||||
| 16 | report. The physician, clinical psychologist, qualified | ||||||
| 17 | examiner, law enforcement official, or school administrator | ||||||
| 18 | making the determination and his or her employer shall not be | ||||||
| 19 | held criminally, civilly, or professionally liable for making | ||||||
| 20 | or not making the notification required under this subsection, | ||||||
| 21 | except for willful or wanton misconduct. | ||||||
| 22 | (e) The Supreme Court Illinois State Police shall adopt | ||||||
| 23 | rules to implement this Section. | ||||||
| 24 | (Source: P.A. 102-538, eff. 8-20-21.)
| ||||||
| 25 | (430 ILCS 65/8.2) | ||||||
| |||||||
| |||||||
| 1 | Sec. 8.2. Firearm Owner's Identification Card denial, | ||||||
| 2 | suspension, or revocation. The Illinois State Police shall | ||||||
| 3 | deny an application or shall suspend or revoke and seize a | ||||||
| 4 | Firearm Owner's Identification Card previously issued under | ||||||
| 5 | this Act if the Department finds that the applicant or person | ||||||
| 6 | to whom such card was issued is or was at the time of issuance | ||||||
| 7 | subject to a protective order issued under the laws of this or | ||||||
| 8 | any other jurisdiction. When the duration of the protective | ||||||
| 9 | order is expected to be less than 45 days one year, the | ||||||
| 10 | Illinois State Police may suspend the Firearm Owner's | ||||||
| 11 | Identification Card under Section 8.3 of the Act and shall | ||||||
| 12 | reinstate it upon conclusion of the suspension if no other | ||||||
| 13 | grounds for denial or revocation are found under Section 8 of | ||||||
| 14 | the 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 | ||||||
| 18 | Card. The Illinois State Police may suspend the Firearm | ||||||
| 19 | Owner's Identification Card of a person whose Firearm Owner's | ||||||
| 20 | Identification Card is subject to revocation and seizure under | ||||||
| 21 | this Act for a period of not less than 30 days and not more | ||||||
| 22 | than 45 days. The Illinois State Police shall schedule a | ||||||
| 23 | revocation hearing with the clerk of the circuit court and the | ||||||
| 24 | State's Attorney of the county of the person's residence not | ||||||
| 25 | less than 30 days and not more than 45 days after the | ||||||
| |||||||
| |||||||
| 1 | suspension of the person's Firearm Owner's Identification | ||||||
| 2 | Card. If the hearing is not scheduled within that 45-day | ||||||
| 3 | period, the Illinois State Police shall reinstate the person's | ||||||
| 4 | Firearm Owner's Identification Card
and may not seek | ||||||
| 5 | revocation of that person's Firearm Owner's Identification | ||||||
| 6 | Card. The hearing shall be conducted in the manner provided in | ||||||
| 7 | subsection (g) of Section 10 the duration of the | ||||||
| 8 | disqualification if the disqualification is not a permanent | ||||||
| 9 | ground grounds for revocation of a Firearm Owner's | ||||||
| 10 | Identification Card under this Act. The Illinois State Police | ||||||
| 11 | may adopt rules necessary to implement this Section.
| ||||||
| 12 | (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; | ||||||
| 13 | 102-813, eff. 5-13-22; revised 8-24-22.)
| ||||||
| 14 | (430 ILCS 65/10) (from Ch. 38, par. 83-10)
| ||||||
| 15 | Sec. 10. Appeals; hearing; relief from firearm | ||||||
| 16 | prohibitions. | ||||||
| 17 | (a) Whenever an application for a Firearm Owner's | ||||||
| 18 | Identification
Card is denied or whenever such a Card is | ||||||
| 19 | revoked or seized
as provided for in Section 8 of this Act, the | ||||||
| 20 | aggrieved party may
(1) file a record challenge with the | ||||||
| 21 | Director regarding the record upon which the decision to deny | ||||||
| 22 | or revoke the Firearm Owner's Identification Card was based | ||||||
| 23 | under subsection (a-5); or (2) appeal
to the Director of the | ||||||
| 24 | Illinois State Police through December 31, 2022, or beginning | ||||||
| 25 | January 1, 2023, the Firearm Owner's Identification Card | ||||||
| |||||||
| |||||||
| 1 | Review Board for a hearing seeking relief from
such denial or | ||||||
| 2 | revocation unless the denial or revocation
was based upon a | ||||||
| 3 | forcible felony, stalking, aggravated stalking, domestic
| ||||||
| 4 | battery, any violation of the Illinois Controlled Substances | ||||||
| 5 | Act, the Methamphetamine Control and Community Protection Act, | ||||||
| 6 | or the
Cannabis Control Act that is classified as a Class 2 or | ||||||
| 7 | greater felony,
any
felony violation of Article 24 of the | ||||||
| 8 | Criminal Code of 1961 or the Criminal Code of 2012, or any
| ||||||
| 9 | adjudication as a delinquent minor for the commission of an
| ||||||
| 10 | offense that if committed by an adult would be a felony, in | ||||||
| 11 | which case the
aggrieved party may petition the circuit court | ||||||
| 12 | in writing in the county of
his or her residence for a hearing | ||||||
| 13 | seeking relief from such denial or revocation.
| ||||||
| 14 | (a-5) There is created a Firearm Owner's Identification | ||||||
| 15 | Card Review Board to consider any appeal under subsection (a) | ||||||
| 16 | beginning January 1, 2023, other than an appeal directed to | ||||||
| 17 | the circuit court and except when the applicant is challenging | ||||||
| 18 | the record upon which the decision to deny or revoke was based | ||||||
| 19 | as 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 | ||||||
| |||||||
| |||||||
| 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 Board shall | ||||||
| 11 | consist of: | ||||||
| 12 | (A) one member with at least 5 years of service as | ||||||
| 13 | a federal or State judge; | ||||||
| 14 | (B) one member with at least 5 years of experience | ||||||
| 15 | serving as an attorney with the United States | ||||||
| 16 | Department of Justice, or as a State's Attorney or | ||||||
| 17 | Assistant State's Attorney; | ||||||
| 18 | (C) one member with at least 5 years of experience | ||||||
| 19 | serving as a State or federal public defender or | ||||||
| 20 | assistant public defender; | ||||||
| 21 | (D) three members with at least 5 years of | ||||||
| 22 | experience as a federal, State, or local law | ||||||
| 23 | enforcement agent or as an employee with investigative | ||||||
| 24 | experience or duties related to criminal justice under | ||||||
| 25 | the United States Department of Justice, Drug | ||||||
| 26 | Enforcement Administration, Department of Homeland | ||||||
| |||||||
| |||||||
| 1 | Security, Federal Bureau of Investigation, or a State | ||||||
| 2 | or local law enforcement agency; and | ||||||
| 3 | (E) one member with at least 5 years of experience | ||||||
| 4 | as a licensed physician or clinical psychologist with | ||||||
| 5 | expertise in the diagnosis and treatment of mental | ||||||
| 6 | illness. | ||||||
| 7 | (2) The terms of the members initially appointed after | ||||||
| 8 | January 1, 2022 (the effective date of Public Act 102-237) | ||||||
| 9 | shall be as follows: one of
the initial members shall be | ||||||
| 10 | appointed for a term of one year, 3 shall be
appointed for | ||||||
| 11 | terms of 2 years, and 3 shall be appointed for terms of 4 | ||||||
| 12 | years. Thereafter, members shall hold office for 4 years, | ||||||
| 13 | with terms expiring on the second Monday in January | ||||||
| 14 | immediately following the expiration of their terms and | ||||||
| 15 | every 4 years thereafter. Members may be reappointed. | ||||||
| 16 | Vacancies in the office of member shall be filled in the | ||||||
| 17 | same manner as the original appointment, for the remainder | ||||||
| 18 | of the unexpired term. The Governor may remove a member | ||||||
| 19 | for incompetence, neglect of duty, malfeasance, or | ||||||
| 20 | inability to serve. Members shall receive compensation in | ||||||
| 21 | an amount equal to the compensation of members of the | ||||||
| 22 | Executive Ethics Commission and, beginning July 1, 2023, | ||||||
| 23 | shall be compensated from appropriations provided to the | ||||||
| 24 | Comptroller for this purpose. Members may be reimbursed, | ||||||
| 25 | from funds appropriated for such a purpose, for reasonable | ||||||
| 26 | expenses actually incurred in the performance of their | ||||||
| |||||||
| |||||||
| 1 | Board duties. The Illinois State Police shall designate an | ||||||
| 2 | employee to serve as Executive Director of the Board and | ||||||
| 3 | provide logistical and administrative assistance to the | ||||||
| 4 | Board. | ||||||
| 5 | (3) The Board shall meet at least quarterly each year | ||||||
| 6 | and at the call of the chairperson as often as necessary to | ||||||
| 7 | consider appeals of decisions made with respect to | ||||||
| 8 | applications for a Firearm Owner's Identification Card | ||||||
| 9 | under this Act. If necessary to ensure the participation | ||||||
| 10 | of a member, the Board shall allow a member to participate | ||||||
| 11 | in a Board meeting by electronic communication. Any member | ||||||
| 12 | participating electronically shall be deemed present for | ||||||
| 13 | purposes of establishing a quorum and voting. | ||||||
| 14 | (4) The Board shall adopt rules for the review of | ||||||
| 15 | appeals and the conduct of hearings. The Board shall | ||||||
| 16 | maintain a record of its decisions and all materials | ||||||
| 17 | considered in making its decisions. All Board decisions | ||||||
| 18 | and voting records shall be kept confidential and all | ||||||
| 19 | materials considered by the Board shall be exempt from | ||||||
| 20 | inspection except upon order of a court. | ||||||
| 21 | (5) In considering an appeal, the Board shall review | ||||||
| 22 | the materials received concerning the denial or revocation | ||||||
| 23 | by the Illinois State Police. By a vote of at least 4 | ||||||
| 24 | members, the Board may request additional information from | ||||||
| 25 | the Illinois State Police or the applicant or the | ||||||
| 26 | testimony of the Illinois State Police or the applicant. | ||||||
| |||||||
| |||||||
| 1 | The Board may require that the applicant submit electronic | ||||||
| 2 | fingerprints to the Illinois State Police for an updated | ||||||
| 3 | background check if the Board determines it lacks | ||||||
| 4 | sufficient information to determine eligibility. The Board | ||||||
| 5 | may consider information submitted by the Illinois State | ||||||
| 6 | Police, a law enforcement agency, or the applicant. The | ||||||
| 7 | Board shall review each denial or revocation and determine | ||||||
| 8 | by a majority of members whether an applicant should be | ||||||
| 9 | granted relief under subsection (c). | ||||||
| 10 | (6) The Board shall by order issue summary decisions. | ||||||
| 11 | The Board shall issue a decision within 45 days of | ||||||
| 12 | receiving all completed appeal documents from the Illinois | ||||||
| 13 | State Police and the applicant. However, the Board need | ||||||
| 14 | not issue a decision within 45 days if: | ||||||
| 15 | (A) the Board requests information from the | ||||||
| 16 | applicant, including, but not limited to, electronic | ||||||
| 17 | fingerprints to be submitted to the Illinois State | ||||||
| 18 | Police, in accordance with paragraph (5) of this | ||||||
| 19 | subsection, in which case the Board shall make a | ||||||
| 20 | decision within 30 days of receipt of the required | ||||||
| 21 | information from the applicant; | ||||||
| 22 | (B) the applicant agrees, in writing, to allow the | ||||||
| 23 | Board additional time to consider an appeal; or | ||||||
| 24 | (C) the Board notifies the applicant and the | ||||||
| 25 | Illinois State Police that the Board needs an | ||||||
| 26 | additional 30 days to issue a decision. The Board may | ||||||
| |||||||
| |||||||
| 1 | only issue 2 extensions under this subparagraph (C). | ||||||
| 2 | The Board's notification to the applicant and the | ||||||
| 3 | Illinois State Police shall include an explanation for | ||||||
| 4 | the extension. | ||||||
| 5 | (7) If the Board determines that the applicant is | ||||||
| 6 | eligible for relief under subsection (c), the Board shall | ||||||
| 7 | notify the applicant and the Illinois State Police that | ||||||
| 8 | relief has been granted and the Illinois State Police | ||||||
| 9 | shall issue the Card. | ||||||
| 10 | (8) Meetings of the Board shall not be subject to the | ||||||
| 11 | Open Meetings Act and records of the Board shall not be | ||||||
| 12 | subject to the Freedom of Information Act. | ||||||
| 13 | (9) The Board shall report monthly to the Governor and | ||||||
| 14 | the General Assembly on the number of appeals received and | ||||||
| 15 | provide details of the circumstances in which the Board | ||||||
| 16 | has determined to deny Firearm Owner's Identification | ||||||
| 17 | Cards under this subsection (a-5). The report shall not | ||||||
| 18 | contain any identifying information about the applicants. | ||||||
| 19 | (a-10) Whenever an applicant or cardholder is not seeking | ||||||
| 20 | relief from a firearms prohibition under subsection (c) but | ||||||
| 21 | rather does not believe the applicant is appropriately denied | ||||||
| 22 | or revoked and is challenging the record upon which the | ||||||
| 23 | decision to deny or revoke the Firearm Owner's Identification | ||||||
| 24 | Card was based, or whenever the Illinois State Police fails to | ||||||
| 25 | act on an application within 30 days of its receipt, the | ||||||
| 26 | applicant shall file such challenge with the Director. The | ||||||
| |||||||
| |||||||
| 1 | Director shall render a decision within 60 business days of | ||||||
| 2 | receipt of all information supporting the challenge. The | ||||||
| 3 | Illinois State Police shall adopt rules for the review of a | ||||||
| 4 | record challenge. | ||||||
| 5 | (b) At least 30 days before any hearing in the circuit | ||||||
| 6 | court, the
petitioner shall serve the
relevant State's | ||||||
| 7 | Attorney with a copy of the petition. The State's Attorney
may | ||||||
| 8 | object to the petition and present evidence. At the hearing, | ||||||
| 9 | the court
shall
determine whether substantial justice has been | ||||||
| 10 | done. Should the court
determine that substantial justice has | ||||||
| 11 | not been done, the court shall issue an
order directing the | ||||||
| 12 | Illinois State Police to issue a Card. However, the court | ||||||
| 13 | shall not issue the order if the petitioner is otherwise | ||||||
| 14 | prohibited from obtaining, possessing, or using a firearm | ||||||
| 15 | under
federal law.
| ||||||
| 16 | (c) Any person prohibited from possessing a firearm under | ||||||
| 17 | Sections 24-1.1
or 24-3.1 of the Criminal Code of 2012 or | ||||||
| 18 | acquiring a Firearm Owner's
Identification Card under Section | ||||||
| 19 | 8 of this Act may apply to
the Firearm Owner's Identification | ||||||
| 20 | Card Review Board
or petition the circuit court in the county | ||||||
| 21 | where the petitioner resides,
whichever is applicable in | ||||||
| 22 | accordance with subsection (a) of this Section,
requesting | ||||||
| 23 | relief
from such prohibition and the Board or court may grant | ||||||
| 24 | such relief if it
is
established by the applicant to the | ||||||
| 25 | court's or the Board's satisfaction
that:
| ||||||
| 26 | (0.05) when in the circuit court, the State's Attorney | ||||||
| |||||||
| |||||||
| 1 | has been served
with a written
copy of the
petition at | ||||||
| 2 | least 30 days before any such hearing in the circuit court | ||||||
| 3 | and at
the hearing the
State's Attorney was afforded an | ||||||
| 4 | opportunity to present evidence and object to
the | ||||||
| 5 | petition;
| ||||||
| 6 | (1) the applicant has not been convicted of a forcible | ||||||
| 7 | felony under the
laws of this State or any other | ||||||
| 8 | jurisdiction within 20 years of the
applicant's | ||||||
| 9 | application for a Firearm Owner's Identification Card, or | ||||||
| 10 | at
least 20 years have passed since the end of any period | ||||||
| 11 | of imprisonment
imposed in relation to that conviction;
| ||||||
| 12 | (2) the circumstances regarding a criminal conviction, | ||||||
| 13 | where applicable,
the applicant's criminal history and his | ||||||
| 14 | reputation are such that the applicant
will not be likely | ||||||
| 15 | to act in a manner dangerous to public safety;
| ||||||
| 16 | (3) granting relief would not be contrary to the | ||||||
| 17 | public interest; and | ||||||
| 18 | (4) granting relief would not be contrary to federal | ||||||
| 19 | law.
| ||||||
| 20 | (c-5) (1) An active law enforcement officer employed by a | ||||||
| 21 | unit of government or a Department of Corrections employee | ||||||
| 22 | authorized to possess firearms who is denied a , revoked, or | ||||||
| 23 | has his or her Firearm Owner's Identification Card seized | ||||||
| 24 | under subsection (e) of Section 8 of this Act may apply to the | ||||||
| 25 | Firearm Owner's Identification Card Review Board requesting | ||||||
| 26 | relief if the officer or employee did not act in a manner | ||||||
| |||||||
| |||||||
| 1 | threatening to the officer or employee, another person, or the | ||||||
| 2 | public as determined by the treating clinical psychologist or | ||||||
| 3 | physician, and as a result of his or her work is referred by | ||||||
| 4 | the employer for or voluntarily seeks mental health evaluation | ||||||
| 5 | or treatment by a licensed clinical psychologist, | ||||||
| 6 | psychiatrist, or qualified examiner, and: | ||||||
| 7 | (A) the officer or employee has not received treatment | ||||||
| 8 | involuntarily at a mental health facility, regardless of | ||||||
| 9 | the length of admission; or has not been voluntarily | ||||||
| 10 | admitted to a mental health facility for more than 30 days | ||||||
| 11 | and not for more than one incident within the past 5 years; | ||||||
| 12 | and | ||||||
| 13 | (B) the officer or employee has not left the mental | ||||||
| 14 | institution against medical advice. | ||||||
| 15 | (2) The Firearm Owner's Identification Card Review Board | ||||||
| 16 | shall grant expedited relief to active law enforcement | ||||||
| 17 | officers and employees described in paragraph (1) of this | ||||||
| 18 | subsection (c-5) upon a determination by the Board that the | ||||||
| 19 | officer's or employee's possession of a firearm does not | ||||||
| 20 | present a threat to themselves, others, or public safety. The | ||||||
| 21 | Board shall act on the request for relief within 30 business | ||||||
| 22 | days of receipt of: | ||||||
| 23 | (A) a notarized statement from the officer or employee | ||||||
| 24 | in the form prescribed by the Board detailing the | ||||||
| 25 | circumstances that led to the hospitalization; | ||||||
| 26 | (B) all documentation regarding the admission, | ||||||
| |||||||
| |||||||
| 1 | evaluation, treatment and discharge from the treating | ||||||
| 2 | licensed clinical psychologist or psychiatrist of the | ||||||
| 3 | officer; | ||||||
| 4 | (C) a psychological fitness for duty evaluation of the | ||||||
| 5 | person completed after the time of discharge; and | ||||||
| 6 | (D) written confirmation in the form prescribed by the | ||||||
| 7 | Board from the treating licensed clinical psychologist or | ||||||
| 8 | psychiatrist that the provisions set forth in paragraph | ||||||
| 9 | (1) of this subsection (c-5) have been met, the person | ||||||
| 10 | successfully completed treatment, and their professional | ||||||
| 11 | opinion regarding the person's ability to possess | ||||||
| 12 | firearms. | ||||||
| 13 | (3) Officers and employees eligible for the expedited | ||||||
| 14 | relief in paragraph (2) of this subsection (c-5) have the | ||||||
| 15 | burden of proof on eligibility and must provide all | ||||||
| 16 | information required. The Board may not consider granting | ||||||
| 17 | expedited relief until the proof and information is received. | ||||||
| 18 | (4) "Clinical psychologist", "psychiatrist", and | ||||||
| 19 | "qualified examiner" shall have the same meaning as provided | ||||||
| 20 | in Chapter I of the Mental Health and Developmental | ||||||
| 21 | Disabilities Code. | ||||||
| 22 | (c-10) (1) An applicant, who is denied a , revoked, or has | ||||||
| 23 | his or her Firearm Owner's Identification Card seized under | ||||||
| 24 | subsection (e) of Section 8 of this Act based upon a | ||||||
| 25 | determination of a developmental disability or an intellectual | ||||||
| 26 | disability may apply to the Firearm Owner's Identification | ||||||
| |||||||
| |||||||
| 1 | Card Review Board requesting relief. | ||||||
| 2 | (2) The Board shall act on the request for relief within 60 | ||||||
| 3 | business days of receipt of written certification, in the form | ||||||
| 4 | prescribed by the Board, from a physician or clinical | ||||||
| 5 | psychologist, or qualified examiner, that the aggrieved | ||||||
| 6 | party's developmental disability or intellectual disability | ||||||
| 7 | condition is determined by a physician, clinical psychologist, | ||||||
| 8 | or qualified to be mild. If a fact-finding conference is | ||||||
| 9 | scheduled to obtain additional information concerning the | ||||||
| 10 | circumstances of the denial or revocation, the 60 business | ||||||
| 11 | days the Director has to act shall be tolled until the | ||||||
| 12 | completion of the fact-finding conference. | ||||||
| 13 | (3) The Board may grant relief if the aggrieved party's | ||||||
| 14 | developmental disability or intellectual disability is mild as | ||||||
| 15 | determined by a physician, clinical psychologist, or qualified | ||||||
| 16 | examiner and it is established by the applicant to the Board's | ||||||
| 17 | satisfaction that: | ||||||
| 18 | (A) granting relief would not be contrary to the | ||||||
| 19 | public interest; and | ||||||
| 20 | (B) granting relief would not be contrary to federal | ||||||
| 21 | law. | ||||||
| 22 | (4) The Board may not grant relief if the condition is | ||||||
| 23 | determined by a physician, clinical psychologist, or qualified | ||||||
| 24 | examiner to be moderate, severe, or profound. | ||||||
| 25 | (5) The changes made to this Section by Public Act 99-29 | ||||||
| 26 | apply to requests for
relief pending on or before July 10, 2015 | ||||||
| |||||||
| |||||||
| 1 | (the effective date of Public Act 99-29), except that the | ||||||
| 2 | 60-day period for the Director to act on requests pending | ||||||
| 3 | before the effective date shall begin
on July 10, 2015 (the | ||||||
| 4 | effective date of Public Act 99-29). All appeals as provided | ||||||
| 5 | in subsection (a-5) pending on January 1, 2023 shall be | ||||||
| 6 | considered by the Board. | ||||||
| 7 | (d) When a minor is adjudicated delinquent for an offense | ||||||
| 8 | which if
committed by an adult would be a felony, the court | ||||||
| 9 | shall notify the Illinois State Police.
| ||||||
| 10 | (e) The court shall review the denial of an application or | ||||||
| 11 | the revocation of
a Firearm Owner's Identification Card of a | ||||||
| 12 | person who has been adjudicated
delinquent for an offense that | ||||||
| 13 | if
committed by an adult would be a felony if an
application | ||||||
| 14 | for relief has been filed at least 10 years after the | ||||||
| 15 | adjudication
of delinquency and the court determines that the | ||||||
| 16 | applicant should be
granted relief from disability to obtain a | ||||||
| 17 | Firearm Owner's Identification Card.
If the court grants | ||||||
| 18 | relief, the court shall notify the Illinois State
Police that | ||||||
| 19 | the disability has
been removed and that the applicant is | ||||||
| 20 | eligible to obtain a Firearm Owner's
Identification Card.
| ||||||
| 21 | (f) Any person who is subject to the disabilities of 18 | ||||||
| 22 | U.S.C. 922(d)(4) and 922(g)(4) of the federal Gun Control Act | ||||||
| 23 | of 1968 because of an adjudication or commitment that occurred | ||||||
| 24 | under the laws of this State or who was determined to be | ||||||
| 25 | subject to the provisions of subsections (e), (f), or (g) of | ||||||
| 26 | Section 8 of this Act may apply to the Illinois State Police | ||||||
| |||||||
| |||||||
| 1 | requesting relief from that prohibition. The Board shall grant | ||||||
| 2 | the relief if it is established by a preponderance of the | ||||||
| 3 | evidence that the person will not be likely to act in a manner | ||||||
| 4 | dangerous to public safety and that granting relief would not | ||||||
| 5 | be contrary to the public interest. In making this | ||||||
| 6 | determination, the Board shall receive evidence concerning (i) | ||||||
| 7 | the circumstances regarding the firearms disabilities from | ||||||
| 8 | which relief is sought; (ii) the petitioner's mental health | ||||||
| 9 | and criminal history records, if any; (iii) the petitioner's | ||||||
| 10 | reputation, developed at a minimum through character witness | ||||||
| 11 | statements, testimony, or other character evidence; and (iv) | ||||||
| 12 | changes in the petitioner's condition or circumstances since | ||||||
| 13 | the disqualifying events relevant to the relief sought. If | ||||||
| 14 | relief is granted under this subsection or by order of a court | ||||||
| 15 | under this Section, the Director shall as soon as practicable | ||||||
| 16 | but in no case later than 15 business days, update, correct, | ||||||
| 17 | modify, or remove the person's record in any database that the | ||||||
| 18 | Illinois State Police makes available to the National Instant | ||||||
| 19 | Criminal Background Check System and notify the United States | ||||||
| 20 | Attorney General that the basis for the record being made | ||||||
| 21 | available no longer applies. The Illinois State Police shall | ||||||
| 22 | adopt rules for the administration of this Section. | ||||||
| 23 | (g) Notwithstanding any other provision of this Act to the | ||||||
| 24 | contrary, on or after the effective date of this amendatory | ||||||
| 25 | Act of the 103rd General Assembly, the Illinois State Police | ||||||
| 26 | may not revoke a Firearm Owner's Identification Card. On or | ||||||
| |||||||
| |||||||
| 1 | after the effective date of this amendatory Act of the 103rd | ||||||
| 2 | General Assembly, a Firearm Owner's Identification Card may | ||||||
| 3 | only be revoked after a Firearm Owner's Identification Card | ||||||
| 4 | hearing has been held in the circuit court of the county of | ||||||
| 5 | residence of the person whose Firearm Owner's Identification | ||||||
| 6 | Card is sought to be revoked. If the State's Attorney of the | ||||||
| 7 | county of residence of the person whose Firearm Owner's | ||||||
| 8 | Identification Card is sought to be revoked has probable cause | ||||||
| 9 | to believe that
the person who has been issued a Firearm | ||||||
| 10 | Owner's Identification Card is no longer eligible for the Card | ||||||
| 11 | under Section 8, the State's Attorney shall file a petition in | ||||||
| 12 | the circuit court of the county of residence of the person | ||||||
| 13 | whose Card is sought to be revoked. At the hearing, the person | ||||||
| 14 | may present evidence in his or her favor seeking retention of | ||||||
| 15 | his or her Firearm Owner's Identification Card and the | ||||||
| 16 | Illinois State Police and State's Attorney may present | ||||||
| 17 | evidence for revocation. The hearing shall be a civil | ||||||
| 18 | proceeding and subject to due process, the Code of Civil | ||||||
| 19 | Procedure, and the Illinois Rules of Evidence as adopted by | ||||||
| 20 | the Supreme Court. The hearing shall be held within 45 days | ||||||
| 21 | after the filing of the petition. If the circuit court | ||||||
| 22 | determines, by clear and convincing evidence, that the person | ||||||
| 23 | is ineligible for retention of his or her Firearm Owner's | ||||||
| 24 | Identification Card under Section 8, the court shall order the | ||||||
| 25 | Illinois State Police to immediately revoke the Card and the | ||||||
| 26 | circuit clerk shall seize the Card and transmit the Card to the | ||||||
| |||||||
| |||||||
| 1 | Illinois State Police. | ||||||
| 2 | (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; | ||||||
| 3 | 102-645, eff. 1-1-22; 102-813, eff. 5-13-22; 102-1115, eff. | ||||||
| 4 | 1-9-23.)
| ||||||