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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:
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4 | Section 5. The Firearm Owners Identification Card Act is | |||||||||||||||||||||||||
5 | amended by changing Sections 8.1, 10, and 11 and by adding | |||||||||||||||||||||||||
6 | Section 15c as follows:
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7 | (430 ILCS 65/8.1) (from Ch. 38, par. 83-8.1) | |||||||||||||||||||||||||
8 | Sec. 8.1. Notifications to the Illinois State Police. | |||||||||||||||||||||||||
9 | (a) The Circuit Clerk shall, in the form and manner | |||||||||||||||||||||||||
10 | required by the Supreme Court, notify the Illinois State | |||||||||||||||||||||||||
11 | Police of all final dispositions of cases for which the | |||||||||||||||||||||||||
12 | Department has received information reported to it under | |||||||||||||||||||||||||
13 | Sections 2.1 and 2.2 of the Criminal Identification Act. | |||||||||||||||||||||||||
14 | (b) Upon adjudication of any individual as a person with a | |||||||||||||||||||||||||
15 | mental disability as defined in Section 1.1 of this Act or a | |||||||||||||||||||||||||
16 | finding that a person has been involuntarily admitted, the | |||||||||||||||||||||||||
17 | court shall direct the circuit court clerk to immediately | |||||||||||||||||||||||||
18 | notify the Illinois State Police, Firearm Owner's | |||||||||||||||||||||||||
19 | Identification (FOID) department, and shall forward a copy of | |||||||||||||||||||||||||
20 | the court order to the Department. | |||||||||||||||||||||||||
21 | (b-1) Beginning July 1, 2016, and each July 1 and December | |||||||||||||||||||||||||
22 | 30 of every year thereafter, the circuit court clerk shall, in | |||||||||||||||||||||||||
23 | the form and manner prescribed by the Illinois State Police, |
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1 | notify the Illinois State Police, Firearm Owner's | ||||||
2 | Identification (FOID) department if the court has not directed | ||||||
3 | the circuit court clerk to notify the Illinois State Police, | ||||||
4 | Firearm Owner's Identification (FOID) department under | ||||||
5 | subsection (b) of this Section, within the preceding 6 months, | ||||||
6 | because no person has been adjudicated as a person with a | ||||||
7 | mental disability by the court as defined in Section 1.1 of | ||||||
8 | this Act or if no person has been involuntarily admitted. The | ||||||
9 | Supreme Court may adopt any orders or rules necessary to | ||||||
10 | identify the persons who shall be reported to the Illinois | ||||||
11 | State Police under subsection (b), or any other orders or | ||||||
12 | rules necessary to implement the requirements of this Act. | ||||||
13 | (c) The Department of Human Services shall, in the form | ||||||
14 | and manner prescribed by the Illinois State Police, report all | ||||||
15 | information collected under subsection (b) of Section 12 of | ||||||
16 | the Mental Health and Developmental Disabilities | ||||||
17 | Confidentiality Act for the purpose of determining whether a | ||||||
18 | person who may be or may have been a patient in a mental health | ||||||
19 | facility is disqualified under State or federal law from | ||||||
20 | receiving or retaining a Firearm Owner's Identification Card, | ||||||
21 | or purchasing a weapon. | ||||||
22 | (d) If a person is determined to pose a clear and present | ||||||
23 | danger to himself, herself, or to others: | ||||||
24 | (1) by a physician, clinical psychologist, or | ||||||
25 | qualified examiner, or is determined to have a | ||||||
26 | developmental disability by a physician, clinical |
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1 | psychologist, or qualified examiner, whether employed by | ||||||
2 | the State or privately, then the physician, clinical | ||||||
3 | psychologist, or qualified examiner shall, within 24 hours | ||||||
4 | of making the determination, notify the Department of | ||||||
5 | Human Services that the person poses a clear and present | ||||||
6 | danger or has a developmental disability; or | ||||||
7 | (2) by a law enforcement official or school | ||||||
8 | administrator, then the law enforcement official or school | ||||||
9 | administrator shall, within 24 hours of making the | ||||||
10 | determination, notify the Illinois State Police that the | ||||||
11 | person poses a clear and present danger. | ||||||
12 | The Department of Human Services shall immediately update | ||||||
13 | its records and information relating to mental health and | ||||||
14 | developmental disabilities, and if appropriate, shall under | ||||||
15 | paragraph (1) of subsection (d) of this Section notify the | ||||||
16 | Illinois State Police in a form and manner prescribed by the | ||||||
17 | Illinois State Police. The Illinois State Police shall deny | ||||||
18 | the application or suspend or determine whether to revoke the | ||||||
19 | person's Firearm Owner's Identification Card under Section 8 | ||||||
20 | of this Act. Any information disclosed under this subsection | ||||||
21 | shall remain privileged and confidential, and shall not be | ||||||
22 | redisclosed, except as required under subsection (e) of | ||||||
23 | Section 3.1 and subsection (c-5) or (f) of Section 10 of this | ||||||
24 | Act, nor used for any other purpose. The method of providing | ||||||
25 | this information shall guarantee that the information is not | ||||||
26 | released beyond what is necessary for the purpose of these |
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1 | Sections. Reports from the Department of Human Services this | ||||||
2 | Section and shall be provided by rule by the Department of | ||||||
3 | Human Services. The identity of the person reporting under | ||||||
4 | paragraph (1) of subsection (d) of this Section shall only not | ||||||
5 | be disclosed to the subject of the report if required by the | ||||||
6 | Board or a court with jurisdiction consistent with proceedings | ||||||
7 | under subsections (c-5) or (f) of Section 10 of this Act . | ||||||
8 | The law enforcement official or school administrator under | ||||||
9 | paragraph (2) of subsection (d) of this Section shall notify | ||||||
10 | the Illinois State Police in the form and manner prescribed by | ||||||
11 | the Illinois State Police. The Illinois State Police shall | ||||||
12 | determine whether to deny the application or suspend or revoke | ||||||
13 | the person's Firearm Owner's Identification Card under Section | ||||||
14 | 8 of this Act. Any information disclosed under this subsection | ||||||
15 | shall remain confidential and shall not be redisclosed or used | ||||||
16 | for any other purpose except as required under subsection (e) | ||||||
17 | of Section 3.1 and subsection (c-5) or (f) of Section 10 of | ||||||
18 | this Act. The method of providing this information shall | ||||||
19 | guarantee that the information is not released beyond what is | ||||||
20 | necessary for the purpose of these Sections. The identity of | ||||||
21 | the person reporting under this Section shall be disclosed | ||||||
22 | only to the subject of the report if required by the Board or a | ||||||
23 | court with jurisdiction consistent with proceedings under | ||||||
24 | subsection (c-5) or (f) of Section 10 this Act. | ||||||
25 | The physician, clinical psychologist, qualified examiner, | ||||||
26 | law enforcement official, or school administrator making the |
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1 | determination and his or her employer shall not be held | ||||||
2 | criminally, civilly, or professionally liable for making or | ||||||
3 | not making the notification required under this subsection, | ||||||
4 | except for willful or wanton misconduct. | ||||||
5 | (e) The Illinois State Police shall adopt rules to | ||||||
6 | implement this Section. | ||||||
7 | (Source: P.A. 102-538, eff. 8-20-21.)
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8 | (430 ILCS 65/10) (from Ch. 38, par. 83-10) | ||||||
9 | Sec. 10. Appeals; hearing; relief from firearm | ||||||
10 | prohibitions. | ||||||
11 | (a) Whenever an application for a Firearm Owner's | ||||||
12 | Identification Card is denied or whenever such a Card is | ||||||
13 | suspended or revoked or seized as provided for in Section 8 , | ||||||
14 | 8.2, or 8.3 of this Act, upon complying with the requirements | ||||||
15 | of Section 9.5 of the Act, the aggrieved party may (1) file a | ||||||
16 | record challenge with the Director regarding the record upon | ||||||
17 | which the decision to deny or revoke the Firearm Owner's | ||||||
18 | Identification Card was based under subsection (a-5); or (2) | ||||||
19 | appeal to the Director of the Illinois State Police through | ||||||
20 | December 31, 2022, or beginning January 1, 2023, the Firearm | ||||||
21 | Owner's Identification Card Review Board for a hearing seeking | ||||||
22 | relief from such denial , suspension, or revocation unless the | ||||||
23 | denial , suspension, or revocation was based upon a forcible | ||||||
24 | felony, stalking, aggravated stalking, domestic battery, any | ||||||
25 | violation of the Illinois Controlled Substances Act, the |
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1 | Methamphetamine Control and Community Protection Act, or the | ||||||
2 | Cannabis Control Act that is classified as a Class 2 or greater | ||||||
3 | felony, any felony violation of Article 24 of the Criminal | ||||||
4 | Code of 1961 or the Criminal Code of 2012, or any adjudication | ||||||
5 | as a delinquent minor for the commission of an offense that if | ||||||
6 | committed by an adult would be a felony, in which case the | ||||||
7 | aggrieved party may petition the circuit court in writing in | ||||||
8 | the county of his or her residence for a hearing seeking relief | ||||||
9 | from such denial or revocation. | ||||||
10 | (a-5) There is created a Firearm Owner's Identification | ||||||
11 | Card Review Board to consider any appeal under subsection (a) | ||||||
12 | beginning January 1, 2023, other than an appeal directed to | ||||||
13 | the circuit court and except when the applicant is challenging | ||||||
14 | the record upon which the decision to deny or revoke was based | ||||||
15 | as provided in subsection (a-10). | ||||||
16 | (0.05) In furtherance of the policy of this Act that | ||||||
17 | the Board shall exercise its powers and duties in an | ||||||
18 | independent manner, subject to the provisions of this Act | ||||||
19 | but free from the direction, control, or influence of any | ||||||
20 | other agency or department of State government. All | ||||||
21 | expenses and liabilities incurred by the Board in the | ||||||
22 | performance of its responsibilities hereunder shall be | ||||||
23 | paid from funds which shall be appropriated to the Board | ||||||
24 | by the General Assembly for the ordinary and contingent | ||||||
25 | expenses of the Board. | ||||||
26 | (1) The Board shall consist of 7 members appointed by |
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1 | the Governor, with the advice and consent of the Senate, | ||||||
2 | with 3 members residing within the First Judicial District | ||||||
3 | and one member residing within each of the 4 remaining | ||||||
4 | Judicial Districts. No more than 4 members shall be | ||||||
5 | members of the same political party. The Governor shall | ||||||
6 | designate one member as the chairperson. The members shall | ||||||
7 | have actual experience in law, education, social work, | ||||||
8 | behavioral sciences, law enforcement, or community affairs | ||||||
9 | or in a combination of those areas. | ||||||
10 | (2) The terms of the members initially appointed after | ||||||
11 | January 1, 2022 (the effective date of Public Act 102-237) | ||||||
12 | shall be as follows: one of the initial members shall be | ||||||
13 | appointed for a term of one year, 3 shall be appointed for | ||||||
14 | terms of 2 years, and 3 shall be appointed for terms of 4 | ||||||
15 | years. Thereafter, members shall hold office for 4 years, | ||||||
16 | with terms expiring on the second Monday in January | ||||||
17 | immediately following the expiration of their terms and | ||||||
18 | every 4 years thereafter. Members may be reappointed. | ||||||
19 | Vacancies in the office of member shall be filled in the | ||||||
20 | same manner as the original appointment, for the remainder | ||||||
21 | of the unexpired term. The Governor may remove a member | ||||||
22 | for incompetence, neglect of duty, malfeasance, or | ||||||
23 | inability to serve. Members shall receive compensation in | ||||||
24 | an amount equal to the compensation of members of the | ||||||
25 | Executive Ethics Commission and, beginning July 1, 2023, | ||||||
26 | shall be compensated from appropriations provided to the |
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1 | Comptroller for this purpose. Members may be reimbursed, | ||||||
2 | from funds appropriated for such a purpose, for reasonable | ||||||
3 | expenses actually incurred in the performance of their | ||||||
4 | Board duties. The Illinois State Police shall designate an | ||||||
5 | employee to serve as Executive Director of the Board and | ||||||
6 | provide logistical and administrative assistance to the | ||||||
7 | Board. | ||||||
8 | (3) The Board shall meet at least quarterly each year | ||||||
9 | and at the call of the chairperson as often as necessary to | ||||||
10 | consider appeals of decisions made with respect to | ||||||
11 | applications for a Firearm Owner's Identification Card | ||||||
12 | under this Act. If necessary to ensure the participation | ||||||
13 | of a member, the Board shall allow a member to participate | ||||||
14 | in a Board meeting by electronic communication. Any member | ||||||
15 | participating electronically shall be deemed present for | ||||||
16 | purposes of establishing a quorum and voting. | ||||||
17 | (4) The Board shall adopt rules for the review of | ||||||
18 | appeals and the conduct of hearings. The Board shall | ||||||
19 | maintain a record of its decisions and all materials | ||||||
20 | considered in making its decisions. All Board decisions | ||||||
21 | and voting records shall be kept confidential and all | ||||||
22 | materials considered by the Board shall be exempt from | ||||||
23 | inspection except upon order of a court. | ||||||
24 | (5) In considering an appeal, the Board shall review | ||||||
25 | the materials received concerning the denial or revocation | ||||||
26 | by the Illinois State Police. By a vote of at least 4 |
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1 | members, the Board may request additional information from | ||||||
2 | the Illinois State Police or the applicant or the | ||||||
3 | testimony of the Illinois State Police or the applicant. | ||||||
4 | The Board may require that the applicant submit electronic | ||||||
5 | fingerprints to the Illinois State Police for an updated | ||||||
6 | background check if the Board determines it lacks | ||||||
7 | sufficient information to determine eligibility. The Board | ||||||
8 | may consider information submitted by the Illinois State | ||||||
9 | Police, a law enforcement agency, or the applicant. The | ||||||
10 | Board shall review each denial or revocation and determine | ||||||
11 | by a majority of members whether an applicant should be | ||||||
12 | granted relief under subsection (c). | ||||||
13 | (6) The Board shall by order issue summary decisions. | ||||||
14 | The Board shall issue a decision within 45 days of | ||||||
15 | receiving all completed appeal documents from the Illinois | ||||||
16 | State Police and the applicant. However, the Board need | ||||||
17 | not issue a decision within 45 days if: | ||||||
18 | (A) the Board requests information from the | ||||||
19 | applicant, including, but not limited to, electronic | ||||||
20 | fingerprints to be submitted to the Illinois State | ||||||
21 | Police, in accordance with paragraph (5) of this | ||||||
22 | subsection, in which case the Board shall make a | ||||||
23 | decision within 30 days of receipt of the required | ||||||
24 | information from the applicant; | ||||||
25 | (B) the applicant agrees, in writing, to allow the | ||||||
26 | Board additional time to consider an appeal; or |
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1 | (C) the Board notifies the applicant and the | ||||||
2 | Illinois State Police that the Board needs an | ||||||
3 | additional 30 days to issue a decision. The Board may | ||||||
4 | only issue 2 extensions under this subparagraph (C). | ||||||
5 | The Board's notification to the applicant and the | ||||||
6 | Illinois State Police shall include an explanation for | ||||||
7 | the extension. | ||||||
8 | (7) If the Board determines that the applicant is | ||||||
9 | eligible for relief under subsection (c), the Board shall | ||||||
10 | notify the applicant and the Illinois State Police that | ||||||
11 | relief has been granted and the Illinois State Police | ||||||
12 | shall issue the Card. | ||||||
13 | (8) Meetings of the Board shall not be subject to the | ||||||
14 | Open Meetings Act and records of the Board shall not be | ||||||
15 | subject to the Freedom of Information Act. | ||||||
16 | (9) The Board shall report monthly to the Governor and | ||||||
17 | the General Assembly on the number of appeals received and | ||||||
18 | provide details of the circumstances in which the Board | ||||||
19 | has determined to deny Firearm Owner's Identification | ||||||
20 | Cards under this subsection (a-5). The report shall not | ||||||
21 | contain any identifying information about the applicants. | ||||||
22 | (a-10) Whenever an applicant or cardholder is not seeking | ||||||
23 | relief from a firearms prohibition under subsection (c) but | ||||||
24 | rather does not believe the applicant is appropriately denied | ||||||
25 | or revoked and is challenging the record upon which the | ||||||
26 | decision to deny or revoke the Firearm Owner's Identification |
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1 | Card was based, or whenever the Illinois State Police fails to | ||||||
2 | act on an application within 30 days of its receipt, the | ||||||
3 | applicant shall file such challenge with the Director. The | ||||||
4 | Director shall render a decision within 60 business days of | ||||||
5 | receipt of all information supporting the challenge. The | ||||||
6 | Illinois State Police shall adopt rules for the review of a | ||||||
7 | record challenge. | ||||||
8 | (b) At least 30 days before any hearing in the circuit | ||||||
9 | court, the petitioner shall serve the relevant State's | ||||||
10 | Attorney with a copy of the petition. The State's Attorney may | ||||||
11 | object to the petition and present evidence. At the hearing, | ||||||
12 | the court shall determine whether substantial justice has been | ||||||
13 | done. Should the court determine that substantial justice has | ||||||
14 | not been done, the court shall issue an order directing the | ||||||
15 | Illinois State Police to issue a Card. However, the court | ||||||
16 | shall not issue the order if the petitioner is otherwise | ||||||
17 | prohibited from obtaining, possessing, or using a firearm | ||||||
18 | under federal law. | ||||||
19 | (c) Any person prohibited from possessing a firearm under | ||||||
20 | Sections 24-1.1 or 24-3.1 of the Criminal Code of 2012 or | ||||||
21 | acquiring a Firearm Owner's Identification Card under Section | ||||||
22 | 8 of this Act may apply to the Firearm Owner's Identification | ||||||
23 | Card Review Board or petition the circuit court in the county | ||||||
24 | where the petitioner resides, whichever is applicable in | ||||||
25 | accordance with subsection (a) of this Section, requesting | ||||||
26 | relief from such prohibition and the Board or court may grant |
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1 | such relief if it is established by the applicant to the | ||||||
2 | court's or the Board's satisfaction that: | ||||||
3 | (0.05) when in the circuit court, the State's Attorney | ||||||
4 | has been served with a written copy of the petition at | ||||||
5 | least 30 days before any such hearing in the circuit court | ||||||
6 | and at the hearing the State's Attorney was afforded an | ||||||
7 | opportunity to present evidence and object to the | ||||||
8 | petition; | ||||||
9 | (1) the applicant has not been convicted of a forcible | ||||||
10 | felony under the laws of this State or any other | ||||||
11 | jurisdiction within 20 years of the applicant's | ||||||
12 | application for a Firearm Owner's Identification Card, or | ||||||
13 | at least 20 years have passed since the end of any period | ||||||
14 | of imprisonment imposed in relation to that conviction; | ||||||
15 | (2) the circumstances regarding a criminal conviction, | ||||||
16 | where applicable, the applicant's criminal history and his | ||||||
17 | reputation are such that the applicant will not be likely | ||||||
18 | to act in a manner dangerous to public safety; | ||||||
19 | (3) granting relief would not be contrary to the | ||||||
20 | public interest; and | ||||||
21 | (4) granting relief would not be contrary to federal | ||||||
22 | law. | ||||||
23 | (c-5) (1) An active law enforcement officer employed by a | ||||||
24 | unit of government or a Department of Corrections employee | ||||||
25 | authorized to possess firearms who is denied, revoked, or has | ||||||
26 | his or her Firearm Owner's Identification Card seized under |
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1 | subsection (e) of Section 8 of this Act may apply to the | ||||||
2 | Firearm Owner's Identification Card Review Board requesting | ||||||
3 | relief if the officer or employee did not act in a manner | ||||||
4 | threatening to the officer or employee, another person, or the | ||||||
5 | public as determined by the treating clinical psychologist or | ||||||
6 | physician, and as a result of his or her work is referred by | ||||||
7 | the employer for or voluntarily seeks mental health evaluation | ||||||
8 | or treatment by a licensed clinical psychologist, | ||||||
9 | psychiatrist, or qualified examiner, and: | ||||||
10 | (A) the officer or employee has not received treatment | ||||||
11 | involuntarily at a mental health facility, regardless of | ||||||
12 | the length of admission; or has not been voluntarily | ||||||
13 | admitted to a mental health facility for more than 30 days | ||||||
14 | and not for more than one incident within the past 5 years; | ||||||
15 | and | ||||||
16 | (B) the officer or employee has not left the mental | ||||||
17 | institution against medical advice. | ||||||
18 | (2) The Firearm Owner's Identification Card Review Board | ||||||
19 | shall grant expedited relief to active law enforcement | ||||||
20 | officers and employees described in paragraph (1) of this | ||||||
21 | subsection (c-5) upon a determination by the Board that the | ||||||
22 | officer's or employee's possession of a firearm does not | ||||||
23 | present a threat to themselves, others, or public safety. The | ||||||
24 | Board shall act on the request for relief within 30 business | ||||||
25 | days of receipt of: | ||||||
26 | (A) a notarized statement from the officer or employee |
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1 | in the form prescribed by the Board detailing the | ||||||
2 | circumstances that led to the hospitalization; | ||||||
3 | (B) all documentation regarding the admission, | ||||||
4 | evaluation, treatment and discharge from the treating | ||||||
5 | licensed clinical psychologist or psychiatrist of the | ||||||
6 | officer; | ||||||
7 | (C) a psychological fitness for duty evaluation of the | ||||||
8 | person completed after the time of discharge; and | ||||||
9 | (D) written confirmation in the form prescribed by the | ||||||
10 | Board from the treating licensed clinical psychologist or | ||||||
11 | psychiatrist that the provisions set forth in paragraph | ||||||
12 | (1) of this subsection (c-5) have been met, the person | ||||||
13 | successfully completed treatment, and their professional | ||||||
14 | opinion regarding the person's ability to possess | ||||||
15 | firearms. | ||||||
16 | (3) Officers and employees eligible for the expedited | ||||||
17 | relief in paragraph (2) of this subsection (c-5) have the | ||||||
18 | burden of proof on eligibility and must provide all | ||||||
19 | information required. The Board may not consider granting | ||||||
20 | expedited relief until the proof and information is received. | ||||||
21 | (4) "Clinical psychologist", "psychiatrist", and | ||||||
22 | "qualified examiner" shall have the same meaning as provided | ||||||
23 | in Chapter I of the Mental Health and Developmental | ||||||
24 | Disabilities Code. | ||||||
25 | (5) No later than January 1, 2026, the Firearm Owner's | ||||||
26 | Identification Card Review Board shall establish a process by |
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1 | which any person who is subject to the provisions of | ||||||
2 | subsection (f) of Section 8 of this Act may request expedited | ||||||
3 | review from the Firearm Owner's Identification Card Review | ||||||
4 | Board. | ||||||
5 | (A) The Board shall disclose to an individual | ||||||
6 | requesting an expedited review any information relating to | ||||||
7 | the individual that was provided by the Department under | ||||||
8 | subsection (d) of Section 8.1, subject to redactions. | ||||||
9 | (B) The individual requesting expedited review may | ||||||
10 | submit to the Firearm Owner's Identification Card Review | ||||||
11 | Board an objection to any redaction made under paragraph | ||||||
12 | (1) or (2) of subsection (d) of Section 8.1. The objection | ||||||
13 | must specify the basis for the individual's belief that | ||||||
14 | the redacted information is necessary for a full and fair | ||||||
15 | review. | ||||||
16 | (C) In determining whether information should be | ||||||
17 | unredacted, the Board may consider any relevant factor, | ||||||
18 | including, but not limited to, (i) the extent to which the | ||||||
19 | disclosure of such information is necessary to provide the | ||||||
20 | individual with a meaningful opportunity to understand, | ||||||
21 | respond to, or rebut evidence for the basis for the denial | ||||||
22 | or revocation and (ii) the safety and well-being of any | ||||||
23 | person who, directly or indirectly, is the source or | ||||||
24 | reporter of such information. | ||||||
25 | (D) The Board, Illinois State Police, or the employees | ||||||
26 | and agents of the Board and Illinois State Police |
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1 | participating in this process under this Act shall not be | ||||||
2 | held liable for damages in any civil action arising from | ||||||
3 | the disclosure or non-disclosure of the information | ||||||
4 | released to an individual as part of this process. | ||||||
5 | (c-10) (1) An applicant, who is denied, revoked, or has | ||||||
6 | his or her Firearm Owner's Identification Card seized under | ||||||
7 | subsection (e) of Section 8 of this Act based upon a | ||||||
8 | determination of a developmental disability or an intellectual | ||||||
9 | disability may apply to the Firearm Owner's Identification | ||||||
10 | Card Review Board requesting relief. | ||||||
11 | (2) The Board shall act on the request for relief within 60 | ||||||
12 | business days of receipt of written certification, in the form | ||||||
13 | prescribed by the Board, from a physician or clinical | ||||||
14 | psychologist, or qualified examiner, that the aggrieved | ||||||
15 | party's developmental disability or intellectual disability | ||||||
16 | condition is determined by a physician, clinical psychologist, | ||||||
17 | or qualified to be mild. If a fact-finding conference is | ||||||
18 | scheduled to obtain additional information concerning the | ||||||
19 | circumstances of the denial or revocation, the 60 business | ||||||
20 | days the Director has to act shall be tolled until the | ||||||
21 | completion of the fact-finding conference. | ||||||
22 | (3) The Board may grant relief if the aggrieved party's | ||||||
23 | developmental disability or intellectual disability is mild as | ||||||
24 | determined by a physician, clinical psychologist, or qualified | ||||||
25 | examiner and it is established by the applicant to the Board's | ||||||
26 | satisfaction that: |
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1 | (A) granting relief would not be contrary to the | ||||||
2 | public interest; and | ||||||
3 | (B) granting relief would not be contrary to federal | ||||||
4 | law. | ||||||
5 | (4) The Board may not grant relief if the condition is | ||||||
6 | determined by a physician, clinical psychologist, or qualified | ||||||
7 | examiner to be moderate, severe, or profound. | ||||||
8 | (5) The changes made to this Section by Public Act 99-29 | ||||||
9 | apply to requests for relief pending on or before July 10, 2015 | ||||||
10 | (the effective date of Public Act 99-29), except that the | ||||||
11 | 60-day period for the Director to act on requests pending | ||||||
12 | before the effective date shall begin on July 10, 2015 (the | ||||||
13 | effective date of Public Act 99-29). All appeals as provided | ||||||
14 | in subsection (a-5) pending on January 1, 2023 shall be | ||||||
15 | considered by the Board. | ||||||
16 | (d) When a minor is adjudicated delinquent for an offense | ||||||
17 | which if committed by an adult would be a felony, the court | ||||||
18 | shall notify the Illinois State Police. | ||||||
19 | (e) The court shall review the denial of an application or | ||||||
20 | the revocation of a Firearm Owner's Identification Card of a | ||||||
21 | person who has been adjudicated delinquent for an offense that | ||||||
22 | if committed by an adult would be a felony if an application | ||||||
23 | for relief has been filed at least 10 years after the | ||||||
24 | adjudication of delinquency and the court determines that the | ||||||
25 | applicant should be granted relief from disability to obtain a | ||||||
26 | Firearm Owner's Identification Card. If the court grants |
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1 | relief, the court shall notify the Illinois State Police that | ||||||
2 | the disability has been removed and that the applicant is | ||||||
3 | eligible to obtain a Firearm Owner's Identification Card. | ||||||
4 | (f) Any person who is subject to the disabilities of 18 | ||||||
5 | U.S.C. 922(d)(4) and 922(g)(4) of the federal Gun Control Act | ||||||
6 | of 1968 because of an adjudication or commitment that occurred | ||||||
7 | under the laws of this State or who was determined to be | ||||||
8 | subject to the provisions of subsections (e), (f), or (g) of | ||||||
9 | Section 8 of this Act may apply to the Board Illinois State | ||||||
10 | Police requesting relief from that prohibition. The Board | ||||||
11 | shall grant the relief if it is established by a preponderance | ||||||
12 | of the evidence that the person will not be likely to act in a | ||||||
13 | manner dangerous to public safety and that granting relief | ||||||
14 | would not be contrary to the public interest. In making this | ||||||
15 | determination, the Board shall receive evidence concerning (i) | ||||||
16 | the circumstances regarding the firearms disabilities from | ||||||
17 | which relief is sought; (ii) the petitioner's mental health | ||||||
18 | and criminal history records, if any; (iii) the petitioner's | ||||||
19 | reputation, developed at a minimum through character witness | ||||||
20 | statements, testimony, or other character evidence; and (iv) | ||||||
21 | changes in the petitioner's condition or circumstances since | ||||||
22 | the disqualifying events relevant to the relief sought. | ||||||
23 | Notwithstanding any other provision of this Act or any other | ||||||
24 | law to the contrary, the Illinois State Police shall provide | ||||||
25 | the Board or any court with jurisdiction with all records | ||||||
26 | relevant to the request for relief under Section 8.1. If |
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1 | relief is granted under this subsection or by order of a court | ||||||
2 | under this Section, the Director shall as soon as practicable | ||||||
3 | but in no case later than 15 business days, update, correct, | ||||||
4 | modify, or remove the person's record in any database that the | ||||||
5 | Illinois State Police makes available to the National Instant | ||||||
6 | Criminal Background Check System and notify the United States | ||||||
7 | Attorney General that the basis for the record being made | ||||||
8 | available no longer applies. The Illinois State Police shall | ||||||
9 | adopt rules for the administration of this Section. | ||||||
10 | (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; | ||||||
11 | 102-645, eff. 1-1-22; 102-813, eff. 5-13-22; 102-1115, eff. | ||||||
12 | 1-9-23; 102-1129, eff. 2-10-23; 103-605, eff. 7-1-24.)
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13 | (430 ILCS 65/11) (from Ch. 38, par. 83-11) | ||||||
14 | Sec. 11. Judicial review of final administrative | ||||||
15 | decisions. | ||||||
16 | (a) All final administrative decisions of the Firearm | ||||||
17 | Owner's Identification Card Review Board under this Act, | ||||||
18 | including final administrative decisions of the Firearm | ||||||
19 | Owner's Identification Card Review Board made under the | ||||||
20 | expedited review process established under paragraph (5) of | ||||||
21 | subsection (c-5) of Section 10 of this Act, except final | ||||||
22 | administrative decisions of the Firearm Owner's Identification | ||||||
23 | Card Review Board to deny a person's application for relief | ||||||
24 | under subsection (f) of Section 10 of this Act, shall be | ||||||
25 | subject to judicial review under the provisions of the |
| |||||||
| |||||||
1 | Administrative Review Law, and all amendments and | ||||||
2 | modifications thereof, and the rules adopted pursuant thereto. | ||||||
3 | The term "administrative decision" is defined as in Section | ||||||
4 | 3-101 of the Code of Civil Procedure. The Illinois State | ||||||
5 | Police or the individual seeking expedited relief may seek | ||||||
6 | judicial review upon receipt of a final administrative | ||||||
7 | decision under paragraph (5) of subsection (c-5) of Section 10 | ||||||
8 | of this Act. | ||||||
9 | (b) Any final administrative decision by the Firearm | ||||||
10 | Owner's Identification Card Review Board to deny a person's | ||||||
11 | application for relief under subsection (f) of Section 10 of | ||||||
12 | this Act is subject to de novo judicial review by the circuit | ||||||
13 | court, and any party may offer evidence that is otherwise | ||||||
14 | proper and admissible without regard to whether that evidence | ||||||
15 | is part of the administrative record. | ||||||
16 | (c) The Firearm Owner's Identification Card Review Board | ||||||
17 | shall submit a report to the General Assembly on March 1 of | ||||||
18 | each year, beginning March 1, 1991, listing all final | ||||||
19 | decisions by a court of this State upholding, reversing, or | ||||||
20 | reversing in part any administrative decision made by the | ||||||
21 | Firearm Owner's Identification Card Review Board Illinois | ||||||
22 | State Police . | ||||||
23 | (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; | ||||||
24 | 102-813, eff. 5-13-22.)
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25 | (430 ILCS 65/15c new) |
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1 | Sec. 15c. Civil immunity; Board, employees, and agents. | ||||||
2 | The Board and its employees and agents who participate in the | ||||||
3 | process established under this Act and the Illinois State | ||||||
4 | Police and its employees and agents who participate in the | ||||||
5 | process established under this Act shall not be held liable | ||||||
6 | for damages in any civil action arising from the alleged | ||||||
7 | wrongful or improper granting, denying, renewing, revoking, | ||||||
8 | suspending, or failing to grant, deny, renew, revoke, or | ||||||
9 | suspend a Firearm Owner's Identification Card. |