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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,
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| 3 | represented in the General Assembly:
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| 4 | Section 5. The Firearm Owners Identification Card Act is | |||||||||||||||||||
| 5 | amended by changing Section 10 as follows:
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| 6 | (430 ILCS 65/10) (from Ch. 38, par. 83-10)
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| 7 | Sec. 10. Appeal to director; hearing; relief from firearm | |||||||||||||||||||
| 8 | prohibitions. | |||||||||||||||||||
| 9 | (a) Whenever an application for a Firearm Owner's | |||||||||||||||||||
| 10 | Identification
Card is denied, whenever the Department fails to | |||||||||||||||||||
| 11 | act on an application
within 30 days of its receipt, or | |||||||||||||||||||
| 12 | whenever such a Card is revoked or seized
as provided for in | |||||||||||||||||||
| 13 | Section 8 of this Act, the aggrieved party may
appeal
to the | |||||||||||||||||||
| 14 | Director of State Police for a hearing upon
such denial, | |||||||||||||||||||
| 15 | revocation or seizure, unless the denial, revocation, or | |||||||||||||||||||
| 16 | seizure
was based upon a forcible felony, stalking, aggravated | |||||||||||||||||||
| 17 | stalking, domestic
battery, any violation of the Illinois | |||||||||||||||||||
| 18 | Controlled Substances Act, the Methamphetamine Control and | |||||||||||||||||||
| 19 | Community Protection Act, or the
Cannabis Control Act that is | |||||||||||||||||||
| 20 | classified as a Class 2 or greater felony,
any
felony violation | |||||||||||||||||||
| 21 | of Article 24 of the Criminal Code of 1961 or the Criminal Code | |||||||||||||||||||
| 22 | of 2012, or any
adjudication as a delinquent minor for the | |||||||||||||||||||
| 23 | commission of an
offense that if committed by an adult would be | |||||||||||||||||||
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| 1 | a felony, in which case the
aggrieved party may petition the | ||||||
| 2 | circuit court in writing in the county of
his or her residence | ||||||
| 3 | for a hearing upon such denial, revocation, or seizure.
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| 4 | (b) At least 30 days before any hearing in the circuit | ||||||
| 5 | court, the
petitioner shall serve the
relevant State's Attorney | ||||||
| 6 | with a copy of the petition. The State's Attorney
may object to | ||||||
| 7 | the petition and present evidence. At the hearing the court
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| 8 | shall
determine whether substantial justice has been done. | ||||||
| 9 | Should the court
determine that substantial justice has not | ||||||
| 10 | been done, the court shall issue an
order directing the | ||||||
| 11 | Department of State Police to issue a Card. However, the court | ||||||
| 12 | shall not issue the order if the petitioner is otherwise | ||||||
| 13 | prohibited from obtaining, possessing, or using a firearm under
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| 14 | federal law.
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| 15 | (c) Any person prohibited from possessing a firearm under | ||||||
| 16 | Sections 24-1.1
or 24-3.1 of the Criminal Code of 2012 or | ||||||
| 17 | acquiring a Firearm Owner's
Identification Card under Section 8 | ||||||
| 18 | of this Act may apply to
the Director
of State Police
or | ||||||
| 19 | petition the circuit court in the county where the petitioner | ||||||
| 20 | resides,
whichever is applicable in accordance with subsection | ||||||
| 21 | (a) of this Section,
requesting relief
from such prohibition | ||||||
| 22 | and the Director or court may grant such relief if it
is
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| 23 | established by the applicant to the court's or Director's | ||||||
| 24 | satisfaction
that:
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| 25 | (0.05) when in the circuit court, the State's Attorney | ||||||
| 26 | has been served
with a written
copy of the
petition at | ||||||
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| 1 | least 30 days before any such hearing in the circuit court | ||||||
| 2 | and at
the hearing the
State's Attorney was afforded an | ||||||
| 3 | opportunity to present evidence and object to
the petition;
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| 4 | (1) the applicant has not been convicted of a forcible | ||||||
| 5 | felony under the
laws of this State or any other | ||||||
| 6 | jurisdiction within 20 years of the
applicant's | ||||||
| 7 | application for a Firearm Owner's Identification Card, or | ||||||
| 8 | at
least 20 years have passed since the end of any period | ||||||
| 9 | of imprisonment
imposed in relation to that conviction;
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| 10 | (2) the circumstances regarding a criminal conviction, | ||||||
| 11 | where applicable,
the applicant's criminal history and his | ||||||
| 12 | reputation are such that the applicant
will not be likely | ||||||
| 13 | to act in a manner dangerous to public safety;
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| 14 | (3) granting relief would not be contrary to the public | ||||||
| 15 | interest; and | ||||||
| 16 | (4) granting relief would not be contrary to federal | ||||||
| 17 | law.
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| 18 | (c-5) (1) An active law enforcement officer employed by a | ||||||
| 19 | unit of government, who is denied, revoked, or has his or her | ||||||
| 20 | Firearm Owner's Identification Card seized under subsection | ||||||
| 21 | (e) of Section 8 of this Act may apply to the Director of State | ||||||
| 22 | Police requesting relief if the officer did not act in a manner | ||||||
| 23 | threatening to the officer, another person, or the public as | ||||||
| 24 | determined by the treating clinical psychologist or physician, | ||||||
| 25 | and as a result of his or her work is referred by the employer | ||||||
| 26 | for or voluntarily seeks mental health evaluation or treatment | ||||||
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| 1 | by a licensed clinical psychologist, psychiatrist, or | ||||||
| 2 | qualified examiner, and: | ||||||
| 3 | (A) the officer has not received treatment | ||||||
| 4 | involuntarily at a mental health facility, regardless of | ||||||
| 5 | the length of admission; or has not been voluntarily | ||||||
| 6 | admitted to a mental health facility for more than 30 days | ||||||
| 7 | and not for more than one incident within the past 5 years; | ||||||
| 8 | and | ||||||
| 9 | (B) the officer has not left the mental institution | ||||||
| 10 | against medical advice. | ||||||
| 11 | (2) The Director of State Police shall grant expedited | ||||||
| 12 | relief to active law enforcement officers described in | ||||||
| 13 | paragraph (1) of this subsection (c-5) upon a determination by | ||||||
| 14 | the Director that the officer's possession of a firearm does | ||||||
| 15 | not present a threat to themselves, others, or public safety. | ||||||
| 16 | The Director shall act on the request for relief within 30 | ||||||
| 17 | business days of receipt of: | ||||||
| 18 | (A) a notarized statement from the officer in the form | ||||||
| 19 | prescribed by the Director detailing the circumstances | ||||||
| 20 | that led to the hospitalization; | ||||||
| 21 | (B) all documentation regarding the admission, | ||||||
| 22 | evaluation, treatment and discharge from the treating | ||||||
| 23 | licensed clinical psychologist or psychiatrist of the | ||||||
| 24 | officer; | ||||||
| 25 | (C) a psychological fitness for duty evaluation of the | ||||||
| 26 | person completed after the time of discharge; and | ||||||
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| 1 | (D) written confirmation in the form prescribed by the | ||||||
| 2 | Director from the treating licensed clinical psychologist | ||||||
| 3 | or psychiatrist that the provisions set forth in paragraph | ||||||
| 4 | (1) of this subsection (c-5) have been met, the person | ||||||
| 5 | successfully completed treatment, and their professional | ||||||
| 6 | opinion regarding the person's ability to possess | ||||||
| 7 | firearms. | ||||||
| 8 | (3) Officers eligible for the expedited relief in paragraph | ||||||
| 9 | (2) of this subsection (c-5) have the burden of proof on | ||||||
| 10 | eligibility and must provide all information required. The | ||||||
| 11 | Director may not consider granting expedited relief until the | ||||||
| 12 | proof and information is received. | ||||||
| 13 | (4) "Clinical psychologist", "psychiatrist", and | ||||||
| 14 | "qualified examiner" shall have the same meaning as provided in | ||||||
| 15 | Chapter I of the Mental Health and Developmental Disabilities | ||||||
| 16 | Code. | ||||||
| 17 | (c-10) (1) An applicant, who is denied, revoked, or has his | ||||||
| 18 | or her Firearm Owner's Identification Card seized under | ||||||
| 19 | subsection (e) of Section 8 of this Act based upon a | ||||||
| 20 | determination of a developmental disability or an intellectual | ||||||
| 21 | disability may apply to the Director of State Police requesting | ||||||
| 22 | relief. | ||||||
| 23 | (2) The Director shall act on the request for relief within | ||||||
| 24 | 60 business days of receipt of written certification, in the | ||||||
| 25 | form prescribed by the Director, from a physician or clinical | ||||||
| 26 | psychologist, or qualified examiner, that the aggrieved | ||||||
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| 1 | party's developmental disability or intellectual disability | ||||||
| 2 | condition is determined by a physician, clinical psychologist, | ||||||
| 3 | or qualified to be mild. If a fact-finding conference is | ||||||
| 4 | scheduled to obtain additional information concerning the | ||||||
| 5 | circumstances of the denial or revocation, the 60 business days | ||||||
| 6 | the Director has to act shall be tolled until the completion of | ||||||
| 7 | the fact-finding conference. | ||||||
| 8 | (3) The Director may grant relief if the aggrieved party's | ||||||
| 9 | developmental disability or intellectual disability is mild as | ||||||
| 10 | determined by a physician, clinical psychologist, or qualified | ||||||
| 11 | examiner and it is established by the applicant to the | ||||||
| 12 | Director's satisfaction that: | ||||||
| 13 | (A) granting relief would not be contrary to the public | ||||||
| 14 | interest; and | ||||||
| 15 | (B) granting relief would not be contrary to federal | ||||||
| 16 | law. | ||||||
| 17 | (4) The Director may not grant relief if the condition is | ||||||
| 18 | determined by a physician, clinical psychologist, or qualified | ||||||
| 19 | examiner to be moderate, severe, or profound. | ||||||
| 20 | (5) The changes made to this Section by this amendatory Act | ||||||
| 21 | of the 99th General Assembly apply to requests for
relief | ||||||
| 22 | pending on or before the effective date of this amendatory Act, | ||||||
| 23 | except that the 60-day period for the Director to act on | ||||||
| 24 | requests pending before the effective date shall begin
on the | ||||||
| 25 | effective date of this amendatory Act. | ||||||
| 26 | (d) When a minor is adjudicated delinquent for an offense | ||||||
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| 1 | which if
committed by an adult would be a felony, the court | ||||||
| 2 | shall notify the Department
of State Police.
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| 3 | (e) The court shall review the denial of an application or | ||||||
| 4 | the revocation of
a Firearm Owner's Identification Card of a | ||||||
| 5 | person who has been adjudicated
delinquent for an offense that | ||||||
| 6 | if
committed by an adult would be a felony if an
application | ||||||
| 7 | for relief has been filed at least 10 years after the | ||||||
| 8 | adjudication
of delinquency and the court determines that the | ||||||
| 9 | applicant should be
granted relief from disability to obtain a | ||||||
| 10 | Firearm Owner's Identification Card.
If the court grants | ||||||
| 11 | relief, the court shall notify the Department of State
Police | ||||||
| 12 | that the disability has
been removed and that the applicant is | ||||||
| 13 | eligible to obtain a Firearm Owner's
Identification Card.
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| 14 | (f) Any person who is subject to the disabilities of 18 | ||||||
| 15 | U.S.C. 922(d)(4) and 922(g)(4) of the federal Gun Control Act | ||||||
| 16 | of 1968 because of an adjudication or commitment that occurred | ||||||
| 17 | under the laws of this State or who was determined to be | ||||||
| 18 | subject to the provisions of subsections (e), (f), or (g) of | ||||||
| 19 | Section 8 of this Act may apply to the Department of State | ||||||
| 20 | Police requesting relief from that prohibition. The Director | ||||||
| 21 | shall grant the relief if it is established by a preponderance | ||||||
| 22 | of the evidence that the person will not be likely to act in a | ||||||
| 23 | manner dangerous to public safety and that granting relief | ||||||
| 24 | would not be contrary to the public interest. In making this | ||||||
| 25 | determination, the Director shall receive evidence concerning | ||||||
| 26 | (i) the circumstances regarding the firearms disabilities from | ||||||
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| 1 | which relief is sought; (ii) the petitioner's mental health and | ||||||
| 2 | criminal history records, if any; (iii) the petitioner's | ||||||
| 3 | reputation, developed at a minimum through character witness | ||||||
| 4 | statements, testimony, or other character evidence; and (iv) | ||||||
| 5 | changes in the petitioner's condition or circumstances since | ||||||
| 6 | the disqualifying events relevant to the relief sought. If | ||||||
| 7 | relief is granted under this subsection or by order of a court | ||||||
| 8 | under this Section, the Director shall as soon as practicable | ||||||
| 9 | but in no case later than 15 business days, update, correct, | ||||||
| 10 | modify, or remove the person's record in any database that the | ||||||
| 11 | Department of State Police makes available to the National | ||||||
| 12 | Instant Criminal Background Check System and notify the United | ||||||
| 13 | States Attorney General that the basis for the record being | ||||||
| 14 | made available no longer applies. The Department of State | ||||||
| 15 | Police shall adopt rules for the administration of this | ||||||
| 16 | Section. | ||||||
| 17 | (g) Except as otherwise provided for in subsections (a) and | ||||||
| 18 | (c-5), the Director of State Police shall act upon a request | ||||||
| 19 | for relief from the denial, revocation, or seizure of a Firearm | ||||||
| 20 | Owner's Identification Card within 60 business days of receipt | ||||||
| 21 | of documentation as required by the Director from the person | ||||||
| 22 | whose application for a Firearm Owner's Identification Card has | ||||||
| 23 | been denied or whose Firearm Owner's Identification Card has | ||||||
| 24 | been revoked or seized. | ||||||
| 25 | (Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15; 99-78, | ||||||
| 26 | eff. 7-20-15.)
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