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Proposed Illinois Firearm Legislation HB5849

  this is an anti-gun bill
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

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