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| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB2529 Introduced 2/16/2016, by Sen. William R. Haine SYNOPSIS AS INTRODUCED:
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| 410 ILCS 130/5 | | 430 ILCS 65/1.1 | from Ch. 38, par. 83-1.1 | 430 ILCS 65/8 | from Ch. 38, par. 83-8 | 430 ILCS 65/10 | from Ch. 38, par. 83-10 |
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Amends the Compassionate Use of Medical Cannabis Pilot Program Act. Includes in the findings Section of the Act that one of the purposes of the Act is to protect patients with debilitating medical conditions, as well as their physicians and providers, from denial or revocation of a Firearm Owner's Identification Card or concealed carry license. Amends the Firearm Owners Identification Card Act. Provides that the definition of "addicted to narcotics" does not include possession or use of recommended cannabis under the Compassionate Use of Medical Cannabis Pilot Program Act under the direction and authority of a physician or other person authorized to prescribe or recommend cannabis under that Act if used in the recommended manner. Provides that the Department of State Police may not deny an application for or revoke a Firearm Owner's Identification Card of a person who is a registered qualifying patient or registered designated caregiver under the Compassionate Use of Medical Cannabis Pilot Program Act. Effective immediately.
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| | A BILL FOR |
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| 1 | | AN ACT concerning medical cannabis.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Compassionate Use of Medical Cannabis Pilot |
| 5 | | Program Act is amended by changing Section 5 as follows:
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| 6 | | (410 ILCS 130/5) |
| 7 | | (Section scheduled to be repealed on January 1, 2018)
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| 8 | | Sec. 5. Findings.
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| 9 | | (a) The recorded use of cannabis as a medicine goes back |
| 10 | | nearly 5,000 years. Modern medical research has confirmed the |
| 11 | | beneficial uses of cannabis in treating or alleviating the |
| 12 | | pain, nausea, and other symptoms associated with a variety of |
| 13 | | debilitating medical conditions, including cancer, multiple |
| 14 | | sclerosis, and HIV/AIDS, as found by the National Academy of |
| 15 | | Sciences' Institute of Medicine in March 1999.
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| 16 | | (b) Studies published since the 1999 Institute of Medicine |
| 17 | | report continue to show the therapeutic value of cannabis in |
| 18 | | treating a wide array of debilitating medical conditions. These |
| 19 | | include relief of the neuropathic pain caused by multiple |
| 20 | | sclerosis, HIV/AIDS, and other illnesses that often fail to |
| 21 | | respond to conventional treatments and relief of nausea, |
| 22 | | vomiting, and other side effects of drugs used to treat |
| 23 | | HIV/AIDS and hepatitis C, increasing the chances of patients |
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| 1 | | continuing on life-saving treatment regimens.
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| 2 | | (c) Cannabis has many currently accepted medical uses in |
| 3 | | the United States, having been recommended by thousands of |
| 4 | | licensed physicians to at least 600,000 patients in states with |
| 5 | | medical cannabis laws. The medical utility of cannabis is |
| 6 | | recognized by a wide range of medical and public health |
| 7 | | organizations, including the American Academy of HIV Medicine, |
| 8 | | the American College of Physicians, the American Nurses |
| 9 | | Association, the American Public Health Association, the |
| 10 | | Leukemia & Lymphoma Society, and many others.
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| 11 | | (d) Data from the Federal Bureau of Investigation's Uniform |
| 12 | | Crime Reports and the Compendium of Federal Justice Statistics |
| 13 | | show that approximately 99 out of every 100 cannabis arrests in |
| 14 | | the U.S. are made under state law, rather than under federal |
| 15 | | law. Consequently, changing State law will have the practical |
| 16 | | effect of protecting from arrest the vast majority of seriously |
| 17 | | ill patients who have a medical need to use cannabis.
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| 18 | | (e) Alaska, Arizona, California, Colorado, Connecticut, |
| 19 | | Delaware, Hawaii, Maine, Massachusetts, Michigan, Montana, |
| 20 | | Nevada, New Jersey, New Mexico, Oregon, Rhode Island, Vermont, |
| 21 | | Washington, and Washington, D.C. have removed state-level |
| 22 | | criminal penalties from the medical use and cultivation of |
| 23 | | cannabis. Illinois joins in this effort for the health and |
| 24 | | welfare of its citizens.
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| 25 | | (f) States are not required to enforce federal law or |
| 26 | | prosecute people for engaging in activities prohibited by |
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| 1 | | federal law. Therefore, compliance with this Act does not put |
| 2 | | the State of Illinois in violation of federal law.
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| 3 | | (g) State law should make a distinction between the medical |
| 4 | | and non-medical uses of cannabis. Hence, the purpose of this |
| 5 | | Act is to protect patients with debilitating medical |
| 6 | | conditions, as well as their physicians and providers, from |
| 7 | | arrest and prosecution, criminal and other penalties, |
| 8 | | including denial or revocation of a Firearm Owner's |
| 9 | | Identification Card or concealed carry license, and property |
| 10 | | forfeiture if the patients engage in the medical use of |
| 11 | | cannabis.
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| 12 | | (Source: P.A. 98-122, eff. 1-1-14.)
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| 13 | | Section 10. The Firearm Owners Identification Card Act is |
| 14 | | amended by changing Sections 1.1, 8, and 10 as follows:
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| 15 | | (430 ILCS 65/1.1) (from Ch. 38, par. 83-1.1)
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| 16 | | Sec. 1.1. For purposes of this Act:
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| 17 | | "Addicted to narcotics" means a person who has been: |
| 18 | | (1) convicted of an offense involving the use or |
| 19 | | possession of cannabis, a controlled substance, or |
| 20 | | methamphetamine within the past year; or |
| 21 | | (2) determined by the Department of State Police to be |
| 22 | | addicted to narcotics based upon State federal law or State |
| 23 | | federal guidelines. |
| 24 | | "Addicted to narcotics" does not include possession or use |
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| 1 | | of a prescribed controlled substance under the Illinois |
| 2 | | Controlled Substances Act or possession or use of prescribed or |
| 3 | | recommended cannabis under the Compassionate Use of Medical |
| 4 | | Cannabis Pilot Program Act under the direction and authority of |
| 5 | | a physician or other person authorized to prescribe the |
| 6 | | controlled substance under the Illinois Controlled Substances |
| 7 | | Act or prescribe or recommend cannabis under the Compassionate |
| 8 | | Use of Medical Cannabis Pilot Program Act when the controlled |
| 9 | | substance or cannabis is used in the prescribed or recommended |
| 10 | | manner. |
| 11 | | "Adjudicated as a person with a mental disability" means |
| 12 | | the person is the subject of a determination by a court, board, |
| 13 | | commission or other lawful authority that the person, as a |
| 14 | | result of marked subnormal intelligence, or mental illness, |
| 15 | | mental impairment, incompetency, condition, or disease: |
| 16 | | (1) presents a clear and present danger to himself, |
| 17 | | herself, or to others; |
| 18 | | (2) lacks the mental capacity to manage his or her own |
| 19 | | affairs or is adjudicated a person with a disability as |
| 20 | | defined in Section 11a-2 of the Probate Act of 1975; |
| 21 | | (3) is not guilty in a criminal case by reason of |
| 22 | | insanity, mental disease or defect; |
| 23 | | (3.5) is guilty but mentally ill, as provided in |
| 24 | | Section 5-2-6 of the Unified Code of Corrections; |
| 25 | | (4) is incompetent to stand trial in a criminal case; |
| 26 | | (5) is not guilty by reason of lack of mental |
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| 1 | | responsibility under Articles 50a and 72b of the Uniform |
| 2 | | Code of Military Justice, 10 U.S.C. 850a, 876b;
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| 3 | | (6) is a sexually violent person under subsection (f) |
| 4 | | of Section 5 of the Sexually Violent Persons Commitment |
| 5 | | Act; |
| 6 | | (7) is a sexually dangerous person under the Sexually |
| 7 | | Dangerous Persons Act; |
| 8 | | (8) is unfit to stand trial under the Juvenile Court |
| 9 | | Act of 1987; |
| 10 | | (9) is not guilty by reason of insanity under the |
| 11 | | Juvenile Court Act of 1987; |
| 12 | | (10) is subject to involuntary admission as an |
| 13 | | inpatient as defined in Section 1-119 of the Mental Health |
| 14 | | and Developmental Disabilities Code; |
| 15 | | (11) is subject to involuntary admission as an |
| 16 | | outpatient as defined in Section 1-119.1 of the Mental |
| 17 | | Health and Developmental Disabilities Code; |
| 18 | | (12) is subject to judicial admission as set forth in |
| 19 | | Section 4-500 of the Mental Health and Developmental |
| 20 | | Disabilities Code; or |
| 21 | | (13) is subject to the provisions of the Interstate |
| 22 | | Agreements on Sexually Dangerous Persons Act. |
| 23 | | "Clear and present danger" means a person who: |
| 24 | | (1) communicates a serious threat of physical violence |
| 25 | | against a reasonably identifiable victim or poses a clear |
| 26 | | and imminent risk of serious physical injury to himself, |
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| 1 | | herself, or another person as determined by a physician, |
| 2 | | clinical psychologist, or qualified examiner; or |
| 3 | | (2) demonstrates threatening physical or verbal |
| 4 | | behavior, such as violent, suicidal, or assaultive |
| 5 | | threats, actions, or other behavior, as determined by a |
| 6 | | physician, clinical psychologist, qualified examiner, |
| 7 | | school administrator, or law enforcement official. |
| 8 | | "Clinical psychologist" has the meaning provided in |
| 9 | | Section 1-103 of the Mental Health and Developmental |
| 10 | | Disabilities Code. |
| 11 | | "Controlled substance" means a controlled substance or |
| 12 | | controlled substance analog as defined in the Illinois |
| 13 | | Controlled Substances Act. |
| 14 | | "Counterfeit" means to copy or imitate, without legal |
| 15 | | authority, with
intent
to deceive. |
| 16 | | disability |
| 17 | | This disability results in the professional opinion of a |
| 18 | | physician, clinical psychologist, or qualified examiner, in |
| 19 | | significant functional limitations in 3 or more of the |
| 20 | | following areas of major life activity: |
| 21 | | (i) self-care; |
| 22 | | (ii) receptive and expressive language; |
| 23 | | (iii) learning; |
| 24 | | (iv) mobility; or |
| 25 | | (v) self-direction. |
| 26 | | "Federally licensed firearm dealer" means a person who is |
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| 1 | | licensed as a federal firearms dealer under Section 923 of the |
| 2 | | federal Gun Control Act of 1968 (18 U.S.C. 923).
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| 3 | | "Firearm" means any device, by
whatever name known, which |
| 4 | | is designed to expel a projectile or projectiles
by the action |
| 5 | | of an explosion, expansion of gas or escape of gas; excluding,
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| 6 | | however:
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| 7 | | (1) any pneumatic gun, spring gun, paint ball gun, or |
| 8 | | B-B gun which
expels a single globular projectile not |
| 9 | | exceeding .18 inch in
diameter or which has a maximum |
| 10 | | muzzle velocity of less than 700 feet
per second;
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| 11 | | (1.1) any pneumatic gun, spring gun, paint ball gun, or |
| 12 | | B-B gun which expels breakable paint balls containing |
| 13 | | washable marking colors;
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| 14 | | (2) any device used exclusively for signalling or |
| 15 | | safety and required or
recommended by the United States |
| 16 | | Coast Guard or the Interstate Commerce
Commission;
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| 17 | | (3) any device used exclusively for the firing of stud |
| 18 | | cartridges,
explosive rivets or similar industrial |
| 19 | | ammunition; and
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| 20 | | (4) an antique firearm (other than a machine-gun) |
| 21 | | which, although
designed as a weapon, the Department of |
| 22 | | State Police finds by reason of
the date of its |
| 23 | | manufacture, value, design, and other characteristics is
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| 24 | | primarily a collector's item and is not likely to be used |
| 25 | | as a weapon.
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| 26 | | "Firearm ammunition" means any self-contained cartridge or |
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| 1 | | shotgun
shell, by whatever name known, which is designed to be |
| 2 | | used or adaptable to
use in a firearm; excluding, however:
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| 3 | | (1) any ammunition exclusively designed for use with a |
| 4 | | device used
exclusively for signalling or safety and |
| 5 | | required or recommended by the
United States Coast Guard or |
| 6 | | the Interstate Commerce Commission; and
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| 7 | | (2) any ammunition designed exclusively for use with a |
| 8 | | stud or rivet
driver or other similar industrial |
| 9 | | ammunition. |
| 10 | | "Gun show" means an event or function: |
| 11 | | (1) at which the sale and transfer of firearms is the |
| 12 | | regular and normal course of business and where 50 or more |
| 13 | | firearms are displayed, offered, or exhibited for sale, |
| 14 | | transfer, or exchange; or |
| 15 | | (2) at which not less than 10 gun show vendors display, |
| 16 | | offer, or exhibit for sale, sell, transfer, or exchange |
| 17 | | firearms.
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| 18 | | "Gun show" includes the entire premises provided for an |
| 19 | | event or function, including parking areas for the event or |
| 20 | | function, that is sponsored to facilitate the purchase, sale, |
| 21 | | transfer, or exchange of firearms as described in this Section.
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| 22 | | Nothing in this definition shall be construed to exclude a gun |
| 23 | | show held in conjunction with competitive shooting events at |
| 24 | | the World Shooting Complex sanctioned by a national governing |
| 25 | | body in which the sale or transfer of firearms is authorized |
| 26 | | under subparagraph (5) of paragraph (g) of subsection (A) of |
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| 1 | | Section 24-3 of the Criminal Code of 2012. |
| 2 | | Unless otherwise expressly stated, "gun show" does not |
| 3 | | include training or safety classes, competitive shooting |
| 4 | | events, such as rifle, shotgun, or handgun matches, trap, |
| 5 | | skeet, or sporting clays shoots, dinners, banquets, raffles, or
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| 6 | | any other event where the sale or transfer of firearms is not |
| 7 | | the primary course of business. |
| 8 | | "Gun show promoter" means a person who organizes or |
| 9 | | operates a gun show. |
| 10 | | "Gun show vendor" means a person who exhibits, sells, |
| 11 | | offers for sale, transfers, or exchanges any firearms at a gun |
| 12 | | show, regardless of whether the person arranges with a gun show |
| 13 | | promoter for a fixed location from which to exhibit, sell, |
| 14 | | offer for sale, transfer, or exchange any firearm. |
| 15 | | "Involuntarily admitted" has the meaning as prescribed in |
| 16 | | Sections 1-119 and 1-119.1 of the Mental Health and |
| 17 | | Developmental Disabilities Code. |
| 18 | | "Mental health facility" means any licensed private |
| 19 | | hospital or hospital affiliate, institution, or facility, or |
| 20 | | part thereof, and any facility, or part thereof, operated by |
| 21 | | the State or a political subdivision thereof which provide |
| 22 | | treatment of persons with mental illness and includes all |
| 23 | | hospitals, institutions, clinics, evaluation facilities, |
| 24 | | mental health centers, colleges, universities, long-term care |
| 25 | | facilities, and nursing homes, or parts thereof, which provide |
| 26 | | treatment of persons with mental illness whether or not the |
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| 1 | | primary purpose is to provide treatment of persons with mental |
| 2 | | illness. |
| 3 | | "National governing body" means a group of persons who |
| 4 | | adopt rules and formulate policy on behalf of a national |
| 5 | | firearm sporting organization. |
| 6 | | "Patient" means: |
| 7 | | (1) a person who voluntarily receives mental health |
| 8 | | treatment as an in-patient or resident of any public or |
| 9 | | private mental health facility, unless the treatment was |
| 10 | | solely for an alcohol abuse disorder and no other secondary |
| 11 | | substance abuse disorder or mental illness; or |
| 12 | | (2) a person who voluntarily receives mental health |
| 13 | | treatment as an out-patient or is provided services by a |
| 14 | | public or private mental health facility, and who poses a |
| 15 | | clear and present danger to himself, herself, or to others. |
| 16 | | "Person with a developmental disability" means a person |
| 17 | | with a disability which is attributable to any other condition |
| 18 | | which results in impairment similar to that caused by an |
| 19 | | intellectual disability and which requires services similar to |
| 20 | | those required by persons with intellectual disabilities. The |
| 21 | | disability must originate before the age of 18
years, be |
| 22 | | expected to continue indefinitely, and constitute a |
| 23 | | substantial disability. This disability results, in the |
| 24 | | professional opinion of a physician, clinical psychologist, or |
| 25 | | qualified examiner, in significant functional limitations in 3 |
| 26 | | or more of the following areas of major life activity: |
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| 1 | | (i) self-care; |
| 2 | | (ii) receptive and expressive language; |
| 3 | | (iii) learning; |
| 4 | | (iv) mobility; or |
| 5 | | (v) self-direction. |
| 6 | | "Person with an intellectual disability" means a person |
| 7 | | with a significantly subaverage general intellectual |
| 8 | | functioning which exists concurrently with impairment in |
| 9 | | adaptive behavior and which originates before the age of 18 |
| 10 | | years. |
| 11 | | "Physician" has the meaning as defined in Section 1-120 of |
| 12 | | the Mental Health and Developmental Disabilities Code. |
| 13 | | "Qualified examiner" has the meaning provided in Section |
| 14 | | 1-122 of the Mental Health and Developmental Disabilities Code. |
| 15 | | "Sanctioned competitive shooting event" means a shooting |
| 16 | | contest officially recognized by a national or state shooting |
| 17 | | sport association, and includes any sight-in or practice |
| 18 | | conducted in conjunction with the event.
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| 19 | | "School administrator" means the person required to report |
| 20 | | under the School Administrator Reporting of Mental Health Clear |
| 21 | | and Present Danger Determinations Law. |
| 22 | | "Stun gun or taser" has the meaning ascribed to it in |
| 23 | | Section 24-1 of the Criminal Code of 2012. |
| 24 | | (Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15; 99-143, |
| 25 | | eff. 7-27-15; revised 10-20-15.)
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| 1 | | (430 ILCS 65/8) (from Ch. 38, par. 83-8)
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| 2 | | Sec. 8. Grounds for denial and revocation. The Department |
| 3 | | of State Police has authority to deny an
application for or to |
| 4 | | revoke and seize a Firearm Owner's Identification
Card |
| 5 | | previously issued under this Act only if the Department finds |
| 6 | | that the
applicant or the person to whom such card was issued |
| 7 | | is or was at the time
of issuance:
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| 8 | | (a) A person under 21 years of age who has been |
| 9 | | convicted of a
misdemeanor other than a traffic offense or |
| 10 | | adjudged delinquent;
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| 11 | | (b) A person under 21 years of age who does not have |
| 12 | | the written consent
of his parent or guardian to acquire |
| 13 | | and possess firearms and firearm
ammunition, or whose |
| 14 | | parent or guardian has revoked such written consent,
or |
| 15 | | where such parent or guardian does not qualify to have a |
| 16 | | Firearm Owner's
Identification Card;
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| 17 | | (c) A person convicted of a felony under the laws of |
| 18 | | this or any other
jurisdiction;
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| 19 | | (d) A person addicted to narcotics;
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| 20 | | (e) A person who has been a patient of a mental health |
| 21 | | facility within the
past 5 years or a person who has been a |
| 22 | | patient in a mental health facility more than 5 years ago |
| 23 | | who has not received the certification required under |
| 24 | | subsection (u) of this Section. An active law enforcement |
| 25 | | officer employed by a unit of government who is denied, |
| 26 | | revoked, or has his or her Firearm Owner's Identification |
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| 1 | | Card seized under this subsection (e) may obtain relief as |
| 2 | | described in subsection (c-5) of Section 10 of this Act if |
| 3 | | the officer did not act in a manner threatening to the |
| 4 | | officer, another person, or the public as determined by the |
| 5 | | treating clinical psychologist or physician, and the |
| 6 | | officer seeks mental health treatment;
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| 7 | | (f) A person whose mental condition is of such a nature |
| 8 | | that it poses
a clear and present danger to the applicant, |
| 9 | | any other person or persons or
the community;
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| 10 | | (g) A person who has an intellectual disability;
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| 11 | | (h) A person who intentionally makes a false statement |
| 12 | | in the Firearm
Owner's Identification Card application;
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| 13 | | (i) An alien who is unlawfully present in
the United |
| 14 | | States under the laws of the United States;
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| 15 | | (i-5) An alien who has been admitted to the United |
| 16 | | States under a
non-immigrant visa (as that term is defined |
| 17 | | in Section 101(a)(26) of the
Immigration and Nationality |
| 18 | | Act (8 U.S.C. 1101(a)(26))), except that this
subsection |
| 19 | | (i-5) does not apply to any alien who has been lawfully |
| 20 | | admitted to
the United States under a non-immigrant visa if |
| 21 | | that alien is:
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| 22 | | (1) admitted to the United States for lawful |
| 23 | | hunting or sporting purposes;
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| 24 | | (2) an official representative of a foreign |
| 25 | | government who is:
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| 26 | | (A) accredited to the United States Government |
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| 1 | | or the Government's
mission to an international |
| 2 | | organization having its headquarters in the United
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| 3 | | States; or
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| 4 | | (B) en route to or from another country to |
| 5 | | which that alien is
accredited;
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| 6 | | (3) an official of a foreign government or |
| 7 | | distinguished foreign visitor
who has been so |
| 8 | | designated by the Department of State;
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| 9 | | (4) a foreign law enforcement officer of a friendly |
| 10 | | foreign government
entering the United States on |
| 11 | | official business; or
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| 12 | | (5) one who has received a waiver from the Attorney |
| 13 | | General of the United
States pursuant to 18 U.S.C. |
| 14 | | 922(y)(3);
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| 15 | | (j) (Blank);
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| 16 | | (k) A person who has been convicted within the past 5 |
| 17 | | years of battery,
assault, aggravated assault, violation |
| 18 | | of an order of protection, or a
substantially similar |
| 19 | | offense in another jurisdiction, in which a firearm was
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| 20 | | used or possessed;
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| 21 | | (l) A person who has been convicted of domestic |
| 22 | | battery, aggravated domestic battery, or a substantially
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| 23 | | similar offense in another jurisdiction committed before, |
| 24 | | on or after January 1, 2012 (the effective date of Public |
| 25 | | Act 97-158). If the applicant or person who has been |
| 26 | | previously issued a Firearm Owner's Identification Card |
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| 1 | | under this Act knowingly and intelligently waives the right |
| 2 | | to have an offense described in this paragraph (l) tried by |
| 3 | | a jury, and by guilty plea or otherwise, results in a |
| 4 | | conviction for an offense in which a domestic relationship |
| 5 | | is not a required element of the offense but in which a |
| 6 | | determination of the applicability of 18 U.S.C. 922(g)(9) |
| 7 | | is made under Section 112A-11.1 of the Code of Criminal |
| 8 | | Procedure of 1963, an entry by the court of a judgment of |
| 9 | | conviction for that offense shall be grounds for denying an |
| 10 | | application for and for revoking and seizing a Firearm |
| 11 | | Owner's Identification Card previously issued to the |
| 12 | | person under this Act;
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| 13 | | (m) (Blank);
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| 14 | | (n) A person who is prohibited from acquiring or |
| 15 | | possessing
firearms or firearm ammunition by any Illinois |
| 16 | | State statute or by federal
law; however, this subsection |
| 17 | | (n) does not apply to a person who is a registered |
| 18 | | qualifying patient or registered designated caregiver |
| 19 | | under the Compassionate Use of Medical Cannabis Pilot |
| 20 | | Program Act;
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| 21 | | (o) A minor subject to a petition filed under Section |
| 22 | | 5-520 of the
Juvenile Court Act of 1987 alleging that the |
| 23 | | minor is a delinquent minor for
the commission of an |
| 24 | | offense that if committed by an adult would be a felony;
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| 25 | | (p) An adult who had been adjudicated a delinquent |
| 26 | | minor under the Juvenile
Court Act of 1987 for the |
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| 1 | | commission of an offense that if committed by an
adult |
| 2 | | would be a felony;
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| 3 | | (q) A person who is not a resident of the State of |
| 4 | | Illinois, except as provided in subsection (a-10) of |
| 5 | | Section 4; |
| 6 | | (r) A person who has been adjudicated as a person with |
| 7 | | a mental disability; |
| 8 | | (s) A person who has been found to have a developmental |
| 9 | | disability; |
| 10 | | (t) A person involuntarily admitted into a mental |
| 11 | | health facility; or |
| 12 | | (u) A person who has had his or her Firearm Owner's |
| 13 | | Identification Card revoked or denied under subsection (e) |
| 14 | | of this Section or item (iv) of paragraph (2) of subsection |
| 15 | | (a) of Section 4 of this Act because he or she was a |
| 16 | | patient in a mental health facility as provided in |
| 17 | | subsection (e) of this Section, shall not be permitted to |
| 18 | | obtain a Firearm Owner's Identification Card, after the |
| 19 | | 5-year period has lapsed, unless he or she has received a |
| 20 | | mental health evaluation by a physician, clinical |
| 21 | | psychologist, or qualified examiner as those terms are |
| 22 | | defined in the Mental Health and Developmental |
| 23 | | Disabilities Code, and has received a certification that he |
| 24 | | or she is not a clear and present danger to himself, |
| 25 | | herself, or others. The physician, clinical psychologist, |
| 26 | | or qualified examiner making the certification and his or |
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| 1 | | her employer shall not be held criminally, civilly, or |
| 2 | | professionally liable for making or not making the |
| 3 | | certification required under this subsection, except for |
| 4 | | willful or wanton misconduct. This subsection does not |
| 5 | | apply to a person whose firearm possession rights have been |
| 6 | | restored through administrative or judicial action under |
| 7 | | Section 10 or 11 of this Act. |
| 8 | | Upon revocation of a person's Firearm Owner's |
| 9 | | Identification Card, the Department of State Police shall |
| 10 | | provide notice to the person and the person shall comply with |
| 11 | | Section 9.5 of this Act. |
| 12 | | (Source: P.A. 98-63, eff. 7-9-13; 98-508, eff. 8-19-13; 98-756, |
| 13 | | eff. 7-16-14; 99-143, eff. 7-27-15.)
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| 14 | | (430 ILCS 65/10) (from Ch. 38, par. 83-10)
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| 15 | | Sec. 10. Appeal to director; hearing; relief from firearm |
| 16 | | prohibitions. |
| 17 | | (a) Whenever an application for a Firearm Owner's |
| 18 | | Identification
Card is denied, whenever the Department fails to |
| 19 | | act on an application
within 30 days of its receipt, or |
| 20 | | whenever such a Card is revoked or seized
as provided for in |
| 21 | | Section 8 of this Act, the aggrieved party may
appeal
to the |
| 22 | | Director of State Police for a hearing upon
such denial, |
| 23 | | revocation or seizure, unless the denial, revocation, or |
| 24 | | seizure
was based upon a forcible felony, stalking, aggravated |
| 25 | | stalking, domestic
battery, any violation of the Illinois |
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| 1 | | Controlled Substances Act, the Methamphetamine Control and |
| 2 | | Community Protection Act, or the
Cannabis Control Act that is |
| 3 | | classified as a Class 2 or greater felony,
any
felony violation |
| 4 | | of Article 24 of the Criminal Code of 1961 or the Criminal Code |
| 5 | | of 2012, or any
adjudication as a delinquent minor for the |
| 6 | | commission of an
offense that if committed by an adult would be |
| 7 | | a felony, in which case the
aggrieved party may petition the |
| 8 | | circuit court in writing in the county of
his or her residence |
| 9 | | for a hearing upon such denial, revocation, or seizure.
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| 10 | | (b) At least 30 days before any hearing in the circuit |
| 11 | | court, the
petitioner shall serve the
relevant State's Attorney |
| 12 | | with a copy of the petition. The State's Attorney
may object to |
| 13 | | the petition and present evidence. At the hearing the court
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| 14 | | shall
determine whether substantial justice has been done. |
| 15 | | Should the court
determine that substantial justice has not |
| 16 | | been done, the court shall issue an
order directing the |
| 17 | | Department of State Police to issue a Card. However, the court |
| 18 | | shall not issue the order if the petitioner is otherwise |
| 19 | | prohibited from obtaining, possessing, or using a firearm under
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| 20 | | federal law, unless the reason for denial or revocation is that |
| 21 | | the person is a registered qualifying patient or registered |
| 22 | | designated caregiver under the Compassionate Use of Medical |
| 23 | | Cannabis Pilot Program Act.
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| 24 | | (c) Any person prohibited from possessing a firearm under |
| 25 | | Sections 24-1.1
or 24-3.1 of the Criminal Code of 2012 or |
| 26 | | acquiring a Firearm Owner's
Identification Card under Section 8 |
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| 1 | | of this Act may apply to
the Director
of State Police
or |
| 2 | | petition the circuit court in the county where the petitioner |
| 3 | | resides,
whichever is applicable in accordance with subsection |
| 4 | | (a) of this Section,
requesting relief
from such prohibition |
| 5 | | and the Director or court may grant such relief if it
is
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| 6 | | established by the applicant to the court's or Director's |
| 7 | | satisfaction
that:
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| 8 | | (0.05) when in the circuit court, the State's Attorney |
| 9 | | has been served
with a written
copy of the
petition at |
| 10 | | least 30 days before any such hearing in the circuit court |
| 11 | | and at
the hearing the
State's Attorney was afforded an |
| 12 | | opportunity to present evidence and object to
the petition;
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| 13 | | (1) the applicant has not been convicted of a forcible |
| 14 | | felony under the
laws of this State or any other |
| 15 | | jurisdiction within 20 years of the
applicant's |
| 16 | | application for a Firearm Owner's Identification Card, or |
| 17 | | at
least 20 years have passed since the end of any period |
| 18 | | of imprisonment
imposed in relation to that conviction;
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| 19 | | (2) the circumstances regarding a criminal conviction, |
| 20 | | where applicable,
the applicant's criminal history and his |
| 21 | | reputation are such that the applicant
will not be likely |
| 22 | | to act in a manner dangerous to public safety;
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| 23 | | (3) granting relief would not be contrary to the public |
| 24 | | interest; and |
| 25 | | (4) granting relief would not be contrary to federal |
| 26 | | law.
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| 1 | | (c-5) (1) An active law enforcement officer employed by a |
| 2 | | unit of government, who is denied, revoked, or has his or her |
| 3 | | Firearm Owner's Identification Card seized under subsection |
| 4 | | (e) of Section 8 of this Act may apply to the Director of State |
| 5 | | Police requesting relief if the officer did not act in a manner |
| 6 | | threatening to the officer, another person, or the public as |
| 7 | | determined by the treating clinical psychologist or physician, |
| 8 | | and as a result of his or her work is referred by the employer |
| 9 | | for or voluntarily seeks mental health evaluation or treatment |
| 10 | | by a licensed clinical psychologist, psychiatrist, or |
| 11 | | qualified examiner, and: |
| 12 | | (A) the officer has not received treatment |
| 13 | | involuntarily at a mental health facility, regardless of |
| 14 | | the length of admission; or has not been voluntarily |
| 15 | | admitted to a mental health facility for more than 30 days |
| 16 | | and not for more than one incident within the past 5 years; |
| 17 | | and |
| 18 | | (B) the officer has not left the mental institution |
| 19 | | against medical advice. |
| 20 | | (2) The Director of State Police shall grant expedited |
| 21 | | relief to active law enforcement officers described in |
| 22 | | paragraph (1) of this subsection (c-5) upon a determination by |
| 23 | | the Director that the officer's possession of a firearm does |
| 24 | | not present a threat to themselves, others, or public safety. |
| 25 | | The Director shall act on the request for relief within 30 |
| 26 | | business days of receipt of: |
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| 1 | | (A) a notarized statement from the officer in the form |
| 2 | | prescribed by the Director detailing the circumstances |
| 3 | | that led to the hospitalization; |
| 4 | | (B) all documentation regarding the admission, |
| 5 | | evaluation, treatment and discharge from the treating |
| 6 | | licensed clinical psychologist or psychiatrist of the |
| 7 | | officer; |
| 8 | | (C) a psychological fitness for duty evaluation of the |
| 9 | | person completed after the time of discharge; and |
| 10 | | (D) written confirmation in the form prescribed by the |
| 11 | | Director from the treating licensed clinical psychologist |
| 12 | | or psychiatrist that the provisions set forth in paragraph |
| 13 | | (1) of this subsection (c-5) have been met, the person |
| 14 | | successfully completed treatment, and their professional |
| 15 | | opinion regarding the person's ability to possess |
| 16 | | firearms. |
| 17 | | (3) Officers eligible for the expedited relief in paragraph |
| 18 | | (2) of this subsection (c-5) have the burden of proof on |
| 19 | | eligibility and must provide all information required. The |
| 20 | | Director may not consider granting expedited relief until the |
| 21 | | proof and information is received. |
| 22 | | (4) "Clinical psychologist", "psychiatrist", and |
| 23 | | "qualified examiner" shall have the same meaning as provided in |
| 24 | | Chapter I of the Mental Health and Developmental Disabilities |
| 25 | | Code. |
| 26 | | (c-10) (1) An applicant, who is denied, revoked, or has his |
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| 1 | | or her Firearm Owner's Identification Card seized under |
| 2 | | subsection (e) of Section 8 of this Act based upon a |
| 3 | | determination of a developmental disability or an intellectual |
| 4 | | disability may apply to the Director of State Police requesting |
| 5 | | relief. |
| 6 | | (2) The Director shall act on the request for relief within |
| 7 | | 60 business days of receipt of written certification, in the |
| 8 | | form prescribed by the Director, from a physician or clinical |
| 9 | | psychologist, or qualified examiner, that the aggrieved |
| 10 | | party's developmental disability or intellectual disability |
| 11 | | condition is determined by a physician, clinical psychologist, |
| 12 | | or qualified to be mild. If a fact-finding conference is |
| 13 | | scheduled to obtain additional information concerning the |
| 14 | | circumstances of the denial or revocation, the 60 business days |
| 15 | | the Director has to act shall be tolled until the completion of |
| 16 | | the fact-finding conference. |
| 17 | | (3) The Director may grant relief if the aggrieved party's |
| 18 | | developmental disability or intellectual disability is mild as |
| 19 | | determined by a physician, clinical psychologist, or qualified |
| 20 | | examiner and it is established by the applicant to the |
| 21 | | Director's satisfaction that: |
| 22 | | (A) granting relief would not be contrary to the public |
| 23 | | interest; and |
| 24 | | (B) granting relief would not be contrary to federal |
| 25 | | law. |
| 26 | | (4) The Director may not grant relief if the condition is |
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| 1 | | determined by a physician, clinical psychologist, or qualified |
| 2 | | examiner to be moderate, severe, or profound. |
| 3 | | (5) The changes made to this Section by this amendatory Act |
| 4 | | of the 99th General Assembly apply to requests for
relief |
| 5 | | pending on or before the effective date of this amendatory Act, |
| 6 | | except that the 60-day period for the Director to act on |
| 7 | | requests pending before the effective date shall begin
on the |
| 8 | | effective date of this amendatory Act. |
| 9 | | (d) When a minor is adjudicated delinquent for an offense |
| 10 | | which if
committed by an adult would be a felony, the court |
| 11 | | shall notify the Department
of State Police.
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| 12 | | (e) The court shall review the denial of an application or |
| 13 | | the revocation of
a Firearm Owner's Identification Card of a |
| 14 | | person who has been adjudicated
delinquent for an offense that |
| 15 | | if
committed by an adult would be a felony if an
application |
| 16 | | for relief has been filed at least 10 years after the |
| 17 | | adjudication
of delinquency and the court determines that the |
| 18 | | applicant should be
granted relief from disability to obtain a |
| 19 | | Firearm Owner's Identification Card.
If the court grants |
| 20 | | relief, the court shall notify the Department of State
Police |
| 21 | | that the disability has
been removed and that the applicant is |
| 22 | | eligible to obtain a Firearm Owner's
Identification Card.
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| 23 | | (f) Any person who is subject to the disabilities of 18 |
| 24 | | U.S.C. 922(d)(4) and 922(g)(4) of the federal Gun Control Act |
| 25 | | of 1968 because of an adjudication or commitment that occurred |
| 26 | | under the laws of this State or who was determined to be |
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| 1 | | subject to the provisions of subsections (e), (f), or (g) of |
| 2 | | Section 8 of this Act may apply to the Department of State |
| 3 | | Police requesting relief from that prohibition. The Director |
| 4 | | shall grant the relief if it is established by a preponderance |
| 5 | | of the evidence that the person will not be likely to act in a |
| 6 | | manner dangerous to public safety and that granting relief |
| 7 | | would not be contrary to the public interest. In making this |
| 8 | | determination, the Director shall receive evidence concerning |
| 9 | | (i) the circumstances regarding the firearms disabilities from |
| 10 | | which relief is sought; (ii) the petitioner's mental health and |
| 11 | | criminal history records, if any; (iii) the petitioner's |
| 12 | | reputation, developed at a minimum through character witness |
| 13 | | statements, testimony, or other character evidence; and (iv) |
| 14 | | changes in the petitioner's condition or circumstances since |
| 15 | | the disqualifying events relevant to the relief sought. If |
| 16 | | relief is granted under this subsection or by order of a court |
| 17 | | under this Section, the Director shall as soon as practicable |
| 18 | | but in no case later than 15 business days, update, correct, |
| 19 | | modify, or remove the person's record in any database that the |
| 20 | | Department of State Police makes available to the National |
| 21 | | Instant Criminal Background Check System and notify the United |
| 22 | | States Attorney General that the basis for the record being |
| 23 | | made available no longer applies. The Department of State |
| 24 | | Police shall adopt rules for the administration of this |
| 25 | | Section. |
| 26 | | (Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15; 99-78, |