102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 SB3198

Introduced 1/14/2022, by Sen. Terri Bryant

SYNOPSIS AS INTRODUCED:

`430 ILCS 65/8`	`from Ch. 38, par. 83-8`
`430 ILCS 65/8.1`	`from Ch. 38, par. 83-8.1`
`430 ILCS 65/8.2`
`430 ILCS 65/8.3`
`430 ILCS 65/10`	`from Ch. 38, par. 83-10`

Amends the Firearm Owners Identification Card Act. Provides that notwithstanding any other provision of the Act to the contrary, on or after the effective date of the amendatory Act, the Illinois State Police may not revoke a Firearm Owner's Identification Card. Provides that on or after the effective date of the amendatory Act, a Firearm Owner's Identification Card may only be revoked after a Firearm Owner's Identification Card hearing has been held in the circuit court of the county of residence of the person whose Firearm Owner's Identification Card is sought to be revoked. Provides that if the State's Attorney of the county of residence of the person whose Firearm Owner's Identification Card is sought to be

revoked has probable cause to believe that
the person who has been issued a

Firearm Owner's Identification Card is no longer eligible for the Card under the Act, the State's Attorney shall file a petition in the circuit court of the county of residence of the person whose Card is sought to be revoked. Provides that at the hearing, the person may present evidence in his or her favor seeking retention of his or her Firearm Owner's Identification Card and the Illinois State Police and State's Attorney may present evidence for revocation. Provides that the hearing shall be a civil proceeding and subject to due process, the Code of Civil Procedure, and the Illinois Rules of Evidence as adopted by the Supreme Court. Provides that the hearing shall be held within 45 days after the filing of the petition. Provides that if the circuit court determines, by clear and convincing evidence, that the person is ineligible for retention of his or her Firearm Owner's Identification Card under the Act, the court shall order the Illinois State Police to immediately revoke the Card and the circuit clerk shall seize the Card and transmit the Card to the Illinois State Police. Establishes procedures for the Illinois State Police to suspend a Firearm Owner's Identification Card Act.

LRB102 23233 RLC 32397 b

A BILL FOR

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1 AN ACT concerning safety.

2 Be it enacted by the People of the State of Illinois,

3 represented in the General Assembly:

4 Section 5. The Firearm Owners Identification Card Act is

5 amended by changing Sections 8, 8.1, 8.2, 8.3, and 10 as

6 follows:

7 (430 ILCS 65/8) (from Ch. 38, par. 83-8)

8 Sec. 8. Grounds for denial and revocation. The Illinois

9 State Police has authority to deny an application for~~or to~~

10 ~~revoke and seize~~a Firearm Owner's Identification Card

11 previously issued under this Act and the circuit court of the

12 county of the person's residence has the authority to revoke

13 and order the seizure of the person's Firearm Owner's

14 Identification Card under subsection (g) of Section 10 only if

15 the Illinois State Police or circuit court ~~Department~~ finds

16 that the applicant~~or the person to whom such card was issued~~

17 is or was at the time of issuance:

18 (a) A person under 21 years of age who has been

19 convicted of a misdemeanor other than a traffic offense or

20 adjudged delinquent;

21 (b) This subsection (b) applies through the 180th day

22 following July 12, 2019 (the effective date of Public Act

23 101-80) ~~this amendatory Act of the 101st General Assembly~~.

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1 A person under 21 years of age who does not have the

2 written consent of his parent or guardian to acquire and

3 possess firearms and firearm ammunition, or whose parent

4 or guardian has revoked such written consent, or where

5 such parent or guardian does not qualify to have a Firearm

6 Owner's Identification Card;

7 (b-5) This subsection (b-5) applies on and after the

8 181st day following July 12, 2019 (the effective date of

9 Public Act 101-80) ~~this amendatory Act of the 101st~~

10 ~~General Assembly~~. A person under 21 years of age who is not

11 an active duty member of the United States Armed Forces

12 and does not have the written consent of his or her parent

13 or guardian to acquire and possess firearms and firearm

14 ammunition, or whose parent or guardian has revoked such

15 written consent, or where such parent or guardian does not

16 qualify to have a Firearm Owner's Identification Card;

17 (c) A person convicted of a felony under the laws of

18 this or any other jurisdiction;

19 (d) A person addicted to narcotics;

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 or a Department

26 of Corrections employee authorized to possess firearms who

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1 is denied, revoked, or has his or her Firearm Owner's

2 Identification Card seized under this subsection (e) may

3 obtain relief as described in subsection (c-5) of Section

4 10 of this Act if the officer or employee did not act in a

5 manner threatening to the officer or employee, another

6 person, or the public as determined by the treating

7 clinical psychologist or physician, and the officer or

8 employee seeks mental health treatment;

9 (f) A person whose mental condition is of such a

10 nature that it poses a clear and present danger to the

11 applicant, any other person or persons,or the community;

12 (g) A person who has an intellectual disability;

13 (h) A person who intentionally makes a false statement

14 in the Firearm Owner's Identification Card application;

15 (i) An alien who is unlawfully present in the United

16 States under the laws of the United States;

17 (i-5) An alien who has been admitted to the United

18 States under a non-immigrant visa (as that term is defined

19 in Section 101(a)(26) of the Immigration and Nationality

20 Act (8 U.S.C. 1101(a)(26))), except that this subsection

21 (i-5) does not apply to any alien who has been lawfully

22 admitted to the United States under a non-immigrant visa

23 if that alien is:

24 (1) admitted to the United States for lawful

25 hunting or sporting purposes;

26 (2) an official representative of a foreign

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1 government who is:

2 (A) accredited to the United States Government

3 or the Government's mission to an international

4 organization having its headquarters in the United

5 States; or

6 (B) en route to or from another country to

7 which that alien is accredited;

8 (3) an official of a foreign government or

9 distinguished foreign visitor who has been so

10 designated by the Department of State;

11 (4) a foreign law enforcement officer of a

12 friendly foreign government entering the United States

13 on official business; or

14 (5) one who has received a waiver from the

15 Attorney General of the United States pursuant to 18

16 U.S.C. 922(y)(3);

17 (j) (Blank);

18 (k) A person who has been convicted within the past 5

19 years of battery, assault, aggravated assault, violation

20 of an order of protection, or a substantially similar

21 offense in another jurisdiction, in which a firearm was

22 used or possessed;

23 (l) A person who has been convicted of domestic

24 battery, aggravated domestic battery, or a substantially

25 similar offense in another jurisdiction committed before,

26 on or after January 1, 2012 (the effective date of Public

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1 Act 97-158). If the applicant or person who has been

2 previously issued a Firearm Owner's Identification Card

3 under this Act knowingly and intelligently waives the

4 right to have an offense described in this paragraph (l)

5 tried by a jury, and by guilty plea or otherwise, results

6 in a conviction for an offense in which a domestic

7 relationship is not a required element of the offense but

8 in which a determination of the applicability of 18 U.S.C.

9 922(g)(9) is made under Section 112A-11.1 of the Code of

10 Criminal Procedure of 1963, an entry by the court of a

11 judgment of conviction for that offense shall be grounds

12 for denying an application for and for revoking and

13 seizing a Firearm Owner's Identification Card previously

14 issued to the person under this Act;

15 (m) (Blank);

16 (n) A person who is prohibited from acquiring or

17 possessing firearms or firearm ammunition by any Illinois

18 State statute or by federal law;

19 (o) A minor subject to a petition filed under Section

20 5-520 of the Juvenile Court Act of 1987 alleging that the

21 minor is a delinquent minor for the commission of an

22 offense that if committed by an adult would be a felony;

23 (p) An adult who had been adjudicated a delinquent

24 minor under the Juvenile Court Act of 1987 for the

25 commission of an offense that if committed by an adult

26 would be a felony;

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1 (q) A person who is not a resident of the State of

2 Illinois, except as provided in subsection (a-10) of

3 Section 4;

4 (r) A person who has been adjudicated as a person with

5 a mental disability;

6 (s) A person who has been found to have a

7 developmental disability;

8 (t) A person involuntarily admitted into a mental

9 health facility; or

10 (u) A person who has had his or her Firearm Owner's

11 Identification Card revoked or denied under subsection (e)

12 of this Section or item (iv) of paragraph (2) of

13 subsection (a) of Section 4 of this Act because he or she

14 was a patient in a mental health facility as provided in

15 subsection (e) of this Section, shall not be permitted to

16 obtain a Firearm Owner's Identification Card, after the

17 5-year period has lapsed, unless he or she has received a

18 mental health evaluation by a physician, clinical

19 psychologist, or qualified examiner as those terms are

20 defined in the Mental Health and Developmental

21 Disabilities Code, and has received a certification that

22 he or she is not a clear and present danger to himself,

23 herself, or others. The physician, clinical psychologist,

24 or qualified examiner making the certification and his or

25 her employer shall not be held criminally, civilly, or

26 professionally liable for making or not making the

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1 certification required under this subsection, except for

2 willful or wanton misconduct. This subsection does not

3 apply to a person whose firearm possession rights have

4 been restored through administrative or judicial action

5 under Section 10 or 11 of this Act.

6 Upon revocation of a person's Firearm Owner's

7 Identification Card, the Illinois State Police shall provide

8 notice to the person and the person shall comply with Section

9 9.5 of this Act.

10 (Source: P.A. 101-80, eff. 7-12-19; 102-538, eff. 8-20-21;

11 102-645, eff. 1-1-22; revised 10-14-21.)

12 (430 ILCS 65/8.1) (from Ch. 38, par. 83-8.1)

13 Sec. 8.1. Notifications to the Illinois State Police and

14 State's Attorney.

15 (a) The Circuit Clerk shall, in the form and manner

16 required by the Supreme Court, notify the Illinois State

17 Police and the State's Attorney of the county of residence of

18 the person for which the disposition is applicable of all

19 final dispositions of cases for which theIllinois State

20 Police ~~Department~~ has received information reported to it

21 under Sections 2.1 and 2.2 of the Criminal Identification Act.

22 (b) Upon adjudication of any individual as a person with a

23 mental disability as defined in Section 1.1 of this Act or a

24 finding that a person has been involuntarily admitted, the

25 court shall direct the circuit court clerk to immediately

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1 notify the Illinois State Police, Firearm Owner's

2 Identification (FOID) department and the State's Attorney of

3 the county of residence of the person adjudicated with the

4 mental disability or involuntarily admitted, and shall forward

5 a copy of the court order to the Illinois State Police

6 ~~Department~~.

7 (b-1) Beginning July 1, 2016, and each July 1 and December

8 30 of every year thereafter, the circuit court clerk shall, in

9 the form and manner prescribed by the Illinois State Police,

10 notify the Illinois State Police, Firearm Owner's

11 Identification (FOID) department if the court has not directed

12 the circuit court clerk to notify the Illinois State Police,

13 Firearm Owner's Identification (FOID) department under

14 subsection (b) of this Section, within the preceding 6 months,

15 because no person has been adjudicated as a person with a

16 mental disability by the court as defined in Section 1.1 of

17 this Act or if no person has been involuntarily admitted. The

18 Supreme Court may adopt any orders or rules necessary to

19 identify the persons who shall be reported to the Illinois

20 State Police under subsection (b), or any other orders or

21 rules necessary to implement the requirements of this Act.

22 (c) The Department of Human Services shall, in the form

23 and manner prescribed by the Illinois State Police, report all

24 information collected under subsection (b) of Section 12 of

25 the Mental Health and Developmental Disabilities

26 Confidentiality Act for the purpose of determining whether a

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1 person who may be or may have been a patient in a mental health

2 facility is disqualified under State or federal law from

3 receiving or retaining a Firearm Owner's Identification Card,

4 or purchasing a weapon.

5 (d) If a person is determined to pose a clear and present

6 danger to himself, herself, or to others:

7 (1) by a physician, clinical psychologist, or

8 qualified examiner, or is determined to have a

9 developmental disability by a physician, clinical

10 psychologist, or qualified examiner, whether employed by

11 the State or privately, then the physician, clinical

12 psychologist, or qualified examiner shall, within 24 hours

13 of making the determination, notify the Department of

14 Human Services that the person poses a clear and present

15 danger or has a developmental disability; or

16 (2) by a law enforcement official or school

17 administrator, then the law enforcement official or school

18 administrator shall, within 24 hours of making the

19 determination, notify the Illinois State Police and the

20 State's Attorney of the county of residence that the

21 person poses a clear and present danger.

22 The Department of Human Services shall immediately update

23 its records and information relating to mental health and

24 developmental disabilities, and if appropriate, shall notify

25 the Illinois State Police in a form and manner prescribed by

26 the Illinois State Police and the State's Attorney of the

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1 county of residence of the person. The State's Attorney of the

2 county of residence of the person ~~Illinois State Police~~ shall

3 determine whether to seek a hearing before the circuit court

4 of residence of the person to revoke the person's Firearm

5 Owner's Identification Card under Section 8 of this Act. Any

6 information disclosed under this subsection shall remain

7 privileged and confidential, and shall not be redisclosed,

8 except as required under subsection (e) of Section 3.1 of this

9 Act, nor used for any other purpose. The method of providing

10 this information shall guarantee that the information is not

11 released beyond what is necessary for the purpose of this

12 Section and shall be provided by rule by the Department of

13 Human Services. The identity of the person reporting under

14 this Section shall not be disclosed to the subject of the

15 report. The physician, clinical psychologist, qualified

16 examiner, law enforcement official, or school administrator

17 making the determination and his or her employer shall not be

18 held criminally, civilly, or professionally liable for making

19 or not making the notification required under this subsection,

20 except for willful or wanton misconduct.

21 (e) The Supreme Court ~~Illinois State Police~~ shall adopt

22 rules to implement this Section.

23 (Source: P.A. 102-538, eff. 8-20-21.)

24 (430 ILCS 65/8.2)

25 Sec. 8.2. Firearm Owner's Identification Card denial,

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1 suspension, or revocation. The Illinois State Police shall

2 deny an application or shall suspend ~~or revoke and seize~~ a

3 Firearm Owner's Identification Card previously issued under

4 this Act if the Department finds that the applicant ~~or person~~

5 ~~to whom such card was issued~~ is or was at the time of issuance

6 subject to a protective order issued under the laws of this or

7 any other jurisdiction. When the duration of the protective

8 order is expected to be less than 45 days ~~one year~~, the

9 Illinois State Police may suspend the Firearm Owner's

10 Identification Card under Section 8.3 of the Act and shall

11 reinstate it upon conclusion of the suspension if no other

12 grounds for denial ~~or revocation~~ are found under Section 8 of

13 the Act.

14 (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21.)

15 (430 ILCS 65/8.3)

16 Sec. 8.3. Suspension of Firearm Owner's Identification

17 Card. The Illinois State Police may suspend the Firearm

18 Owner's Identification Card of a person whose Firearm Owner's

19 Identification Card is subject to revocation and seizure under

20 this Act for a period of not less than 30 days and not more

21 than 45 days. The Illinois State Police shall schedule a

22 revocation hearing with the clerk of the circuit court and the

23 State's Attorney of the county of the person's residence not

24 less than 30 days and not more than 45 days after the

25 suspension of the person's Firearm Owner's Identification

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1 Card. If the hearing is not scheduled within that 45-day

2 period, the Illinois State Police shall reinstate the person's

3 Firearm Owner's Identification Card and may not seek

4 revocation of that person's Firearm Owner's Identification

5 Card. The hearing shall be conducted in the manner provided in

6 subsection (g) of Section 10. ~~the duration of the~~

7 ~~disqualification~~ if the disqualification is not a permanent

8 grounds for revocation of a Firearm Owner's Identification

9 Card under this Act. The Illinois State Police may adopt rules

10 necessary to implement this Section.

11 (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;

12 revised 10-15-21.)

13 (430 ILCS 65/10) (from Ch. 38, par. 83-10)

14 Sec. 10. Appeals; hearing; relief from firearm

15 prohibitions.

16 (a) Whenever an application for a Firearm Owner's

17 Identification Card is denied~~or whenever such a Card is~~

18 ~~revoked or seized as provided for in Section 8 of this Act~~, the

19 aggrieved party may (1) file a record challenge with the

20 Director regarding the record upon which the decision to deny

21 ~~or revoke~~ the Firearm Owner's Identification Card was based

22 under subsection (a-5); or (2) appeal to the Director of the

23 Illinois State Police through December 31, 2022, or beginning

24 January 1, 2023, the Firearm Owner's Identification Card

25 Review Board for a hearing seeking relief from such denial~~or~~

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1 ~~revocation~~ unless the denial ~~or revocation~~was based upon a

2 forcible felony, stalking, aggravated stalking, domestic

3 battery, any violation of the Illinois Controlled Substances

4 Act, the Methamphetamine Control and Community Protection Act,

5 or the Cannabis Control Act that is classified as a Class 2 or

6 greater felony, any felony violation of Article 24 of the

7 Criminal Code of 1961 or the Criminal Code of 2012, or any

8 adjudication as a delinquent minor for the commission of an

9 offense that if committed by an adult would be a felony, in

10 which case the aggrieved party may petition the circuit court

11 in writing in the county of his or her residence for a hearing

12 seeking relief from such denial ~~or revocation~~.

13 (a-5) There is created a Firearm Owner's Identification

14 Card Review Board to consider any appeal under subsection (a)

15 beginning January 1, 2023, other than an appeal directed to

16 the circuit court and except when the applicant is challenging

17 the record upon which the decision to deny ~~or revoke~~ was based

18 as provided in subsection (a-10).

19 (0.05) In furtherance of the policy of this Act that

20 the Board shall exercise its powers and duties in an

21 independent manner, subject to the provisions of this Act

22 but free from the direction, control, or influence of any

23 other agency or department of State government. All

24 expenses and liabilities incurred by the Board in the

25 performance of its responsibilities hereunder shall be

26 paid from funds which shall be appropriated to the Board

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1 by the General Assembly for the ordinary and contingent

2 expenses of the Board.

3 (1) The Board shall consist of 7 members appointed by

4 the Governor, with the advice and consent of the Senate,

5 with 3 members residing within the First Judicial District

6 and one member residing within each of the 4 remaining

7 Judicial Districts. No more than 4 members shall be

8 members of the same political party. The Governor shall

9 designate one member as the chairperson. The Board shall

10 consist of:

11 (A) one member with at least 5 years of service as

12 a federal or State judge;

13 (B) one member with at least 5 years of experience

14 serving as an attorney with the United States

15 Department of Justice, or as a State's Attorney or

16 Assistant State's Attorney;

17 (C) one member with at least 5 years of experience

18 serving as a State or federal public defender or

19 assistant public defender;

20 (D) three members with at least 5 years of

21 experience as a federal, State, or local law

22 enforcement agent or as an employee with investigative

23 experience or duties related to criminal justice under

24 the United States Department of Justice, Drug

25 Enforcement Administration, Department of Homeland

26 Security, Federal Bureau of Investigation, or a State

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1 or local law enforcement agency; and

2 (E) one member with at least 5 years of experience

3 as a licensed physician or clinical psychologist with

4 expertise in the diagnosis and treatment of mental

5 illness.

6 (2) The terms of the members initially appointed after

7 January 1, 2022 (the effective date of Public Act 102-237)

8 ~~this amendatory Act of the 102nd General Assembly~~ shall be

9 as follows: one of the initial members shall be appointed

10 for a term of one year, 3 shall be appointed for terms of 2

11 years, and 3 shall be appointed for terms of 4 years.

12 Thereafter, members shall hold office for 4 years, with

13 terms expiring on the second Monday in January immediately

14 following the expiration of their terms and every 4 years

15 thereafter. Members may be reappointed. Vacancies in the

16 office of member shall be filled in the same manner as the

17 original appointment, for the remainder of the unexpired

18 term. The Governor may remove a member for incompetence,

19 neglect of duty, malfeasance, or inability to serve.

20 Members shall receive compensation in an amount equal to

21 the compensation of members of the Executive Ethics

22 Commission and may be reimbursed, from funds appropriated

23 for such a purpose, for reasonable expenses actually

24 incurred in the performance of their Board duties. The

25 Illinois State Police shall designate an employee to serve

26 as Executive Director of the Board and provide logistical

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1 and administrative assistance to the Board.

2 (3) The Board shall meet at least quarterly each year

3 and at the call of the chairperson as often as necessary to

4 consider appeals of decisions made with respect to

5 applications for a Firearm Owner's Identification Card

6 under this Act. If necessary to ensure the participation

7 of a member, the Board shall allow a member to participate

8 in a Board meeting by electronic communication. Any member

9 participating electronically shall be deemed present for

10 purposes of establishing a quorum and voting.

11 (4) The Board shall adopt rules for the review of

12 appeals and the conduct of hearings. The Board shall

13 maintain a record of its decisions and all materials

14 considered in making its decisions. All Board decisions

15 and voting records shall be kept confidential and all

16 materials considered by the Board shall be exempt from

17 inspection except upon order of a court.

18 (5) In considering an appeal, the Board shall review

19 the materials received concerning the denial ~~or revocation~~

20 by the Illinois State Police. By a vote of at least 4

21 members, the Board may request additional information from

22 the Illinois State Police or the applicant or the

23 testimony of the Illinois State Police or the applicant.

24 The Board may require that the applicant submit electronic

25 fingerprints to the Illinois State Police for an updated

26 background check if the Board determines it lacks

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1 sufficient information to determine eligibility. The Board

2 may consider information submitted by the Illinois State

3 Police, a law enforcement agency, or the applicant. The

4 Board shall review each denial ~~or revocation~~ and determine

5 by a majority of members whether an applicant should be

6 granted relief under subsection (c).

7 (6) The Board shall by order issue summary decisions.

8 The Board shall issue a decision within 45 days of

9 receiving all completed appeal documents from the Illinois

10 State Police and the applicant. However, the Board need

11 not issue a decision within 45 days if:

12 (A) the Board requests information from the

13 applicant, including, but not limited to, electronic

14 fingerprints to be submitted to the Illinois State

15 Police, in accordance with paragraph (5) of this

16 subsection, in which case the Board shall make a

17 decision within 30 days of receipt of the required

18 information from the applicant;

19 (B) the applicant agrees, in writing, to allow the

20 Board additional time to consider an appeal; or

21 (C) the Board notifies the applicant and the

22 Illinois State Police that the Board needs an

23 additional 30 days to issue a decision. The Board may

24 only issue 2 extensions under this subparagraph (C).

25 The Board's notification to the applicant and the

26 Illinois State Police shall include an explanation for

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1 the extension.

2 (7) If the Board determines that the applicant is

3 eligible for relief under subsection (c), the Board shall

4 notify the applicant and the Illinois State Police that

5 relief has been granted and the Illinois State Police

6 shall issue the Card.

7 (8) Meetings of the Board shall not be subject to the

8 Open Meetings Act and records of the Board shall not be

9 subject to the Freedom of Information Act.

10 (9) The Board shall report monthly to the Governor and

11 the General Assembly on the number of appeals received and

12 provide details of the circumstances in which the Board

13 has determined to deny Firearm Owner's Identification

14 Cards under this subsection (a-5). The report shall not

15 contain any identifying information about the applicants.

16 (a-10) Whenever an applicant or cardholder is not seeking

17 relief from a firearms prohibition under subsection (c) but

18 rather does not believe the applicant is appropriately denied

19 ~~or revoked~~ and is challenging the record upon which the

20 decision to deny ~~or revoke~~ the Firearm Owner's Identification

21 Card was based, or whenever the Illinois State Police fails to

22 act on an application within 30 days of its receipt, the

23 applicant shall file such challenge with the Director. The

24 Director shall render a decision within 60 business days of

25 receipt of all information supporting the challenge. The

26 Illinois State Police shall adopt rules for the review of a

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1 record challenge.

2 (b) At least 30 days before any hearing in the circuit

3 court, the petitioner shall serve the relevant State's

4 Attorney with a copy of the petition. The State's Attorney may

5 object to the petition and present evidence. At the hearing,

6 the court shall determine whether substantial justice has been

7 done. Should the court determine that substantial justice has

8 not been done, the court shall issue an order directing the

9 Illinois State Police to issue a Card. However, the court

10 shall not issue the order if the petitioner is otherwise

11 prohibited from obtaining, possessing, or using a firearm

12 under federal law.

13 (c) Any person prohibited from possessing a firearm under

14 Sections 24-1.1 or 24-3.1 of the Criminal Code of 2012 or

15 acquiring a Firearm Owner's Identification Card under Section

16 8 of this Act may apply to the Firearm Owner's Identification

17 Card Review Board ~~the Illinois~~or petition the circuit court

18 in the county where the petitioner resides, whichever is

19 applicable in accordance with subsection (a) of this Section,

20 requesting relief from such prohibition and the Board or court

21 may grant such relief if it is established by the applicant to

22 the court's or the Board's satisfaction that:

23 (0.05) when in the circuit court, the State's Attorney

24 has been served with a written copy of the petition at

25 least 30 days before any such hearing in the circuit court

26 and at the hearing the State's Attorney was afforded an

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1 opportunity to present evidence and object to the

2 petition;

3 (1) the applicant has not been convicted of a forcible

4 felony under the laws of this State or any other

5 jurisdiction within 20 years of the applicant's

6 application for a Firearm Owner's Identification Card, or

7 at least 20 years have passed since the end of any period

8 of imprisonment imposed in relation to that conviction;

9 (2) the circumstances regarding a criminal conviction,

10 where applicable, the applicant's criminal history and his

11 reputation are such that the applicant will not be likely

12 to act in a manner dangerous to public safety;

13 (3) granting relief would not be contrary to the

14 public interest; and

15 (4) granting relief would not be contrary to federal

16 law.

17 (c-5) (1) An active law enforcement officer employed by a

18 unit of government or a Department of Corrections employee

19 authorized to possess firearms who is denied a ~~, revoked, or~~

20 ~~has his or her~~ Firearm Owner's Identification Card ~~seized~~

21 ~~under subsection (e) of Section 8 of this Act~~ may apply to the

22 Firearm Owner's Identification Card Review Board ~~the Illinois~~

23 requesting relief if the officer or employee did not act in a

24 manner threatening to the officer or employee, another person,

25 or the public as determined by the treating clinical

26 psychologist or physician, and as a result of his or her work

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1 is referred by the employer for or voluntarily seeks mental

2 health evaluation or treatment by a licensed clinical

3 psychologist, psychiatrist, or qualified examiner, and:

4 (A) the officer or employee has not received treatment

5 involuntarily at a mental health facility, regardless of

6 the length of admission; or has not been voluntarily

7 admitted to a mental health facility for more than 30 days

8 and not for more than one incident within the past 5 years;

9 and

10 (B) the officer or employee has not left the mental

11 institution against medical advice.

12 (2) The Firearm Owner's Identification Card Review Board

13 ~~the Illinois~~ shall grant expedited relief to active law

14 enforcement officers and employees described in paragraph (1)

15 of this subsection (c-5) upon a determination by the Board

16 that the officer's or employee's possession of a firearm does

17 not present a threat to themselves, others, or public safety.

18 The Board shall act on the request for relief within 30

19 business days of receipt of:

20 (A) a notarized statement from the officer or employee

21 in the form prescribed by the Board detailing the

22 circumstances that led to the hospitalization;

23 (B) all documentation regarding the admission,

24 evaluation, treatment and discharge from the treating

25 licensed clinical psychologist or psychiatrist of the

26 officer;

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1 (C) a psychological fitness for duty evaluation of the

2 person completed after the time of discharge; and

3 (D) written confirmation in the form prescribed by the

4 Board from the treating licensed clinical psychologist or

5 psychiatrist that the provisions set forth in paragraph

6 (1) of this subsection (c-5) have been met, the person

7 successfully completed treatment, and their professional

8 opinion regarding the person's ability to possess

9 firearms.

10 (3) Officers and employees eligible for the expedited

11 relief in paragraph (2) of this subsection (c-5) have the

12 burden of proof on eligibility and must provide all

13 information required. The Board may not consider granting

14 expedited relief until the proof and information is received.

15 (4) "Clinical psychologist", "psychiatrist", and

16 "qualified examiner" shall have the same meaning as provided

17 in Chapter I of the Mental Health and Developmental

18 Disabilities Code.

19 (c-10) (1) An applicant, who is denied a ~~, revoked, or has~~

20 ~~his or her~~ Firearm Owner's Identification Card ~~seized under~~

21 ~~subsection (e) of Section 8 of this Act~~ based upon a

22 determination of a developmental disability or an intellectual

23 disability may apply to the Firearm Owner's Identification

24 Card Review Board ~~the Illinois~~ requesting relief.

25 (2) The Board shall act on the request for relief within 60

26 business days of receipt of written certification, in the form

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1 prescribed by the Board, from a physician or clinical

2 psychologist, or qualified examiner, that the aggrieved

3 party's developmental disability or intellectual disability

4 condition is determined by a physician, clinical psychologist,

5 or qualified to be mild. If a fact-finding conference is

6 scheduled to obtain additional information concerning the

7 circumstances of the denial ~~or revocation~~, the 60 business

8 days the Director has to act shall be tolled until the

9 completion of the fact-finding conference.

10 (3) The Board may grant relief if the aggrieved party's

11 developmental disability or intellectual disability is mild as

12 determined by a physician, clinical psychologist, or qualified

13 examiner and it is established by the applicant to the Board's

14 satisfaction that:

15 (A) granting relief would not be contrary to the

16 public interest; and

17 (B) granting relief would not be contrary to federal

18 law.

19 (4) The Board may not grant relief if the condition is

20 determined by a physician, clinical psychologist, or qualified

21 examiner to be moderate, severe, or profound.

22 (5) The changes made to this Section by Public Act 99-29

23 apply to requests for relief pending on or before July 10, 2015

24 (the effective date of Public Act 99-29), except that the

25 60-day period for the Director to act on requests pending

26 before the effective date shall begin on July 10, 2015 (the

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1 effective date of Public Act 99-29). All appeals as provided

2 in subsection (a-5)~~,~~ pending on January 1, 2023~~,~~ shall be

3 considered by the Board.

4 (d) When a minor is adjudicated delinquent for an offense

5 which if committed by an adult would be a felony, the court

6 shall notify the Illinois State Police.

7 (e) The court shall review the denial of an application or

8 the revocation of a Firearm Owner's Identification Card of a

9 person who has been adjudicated delinquent for an offense that

10 if committed by an adult would be a felony if an application

11 for relief has been filed at least 10 years after the

12 adjudication of delinquency and the court determines that the

13 applicant should be granted relief from disability to obtain a

14 Firearm Owner's Identification Card. If the court grants

15 relief, the court shall notify the Illinois State Police that

16 the disability has been removed and that the applicant is

17 eligible to obtain a Firearm Owner's Identification Card.

18 (f) Any person who is subject to the disabilities of 18

19 U.S.C. 922(d)(4) and 922(g)(4) of the federal Gun Control Act

20 of 1968 because of an adjudication or commitment that occurred

21 under the laws of this State or who was determined to be

22 subject to the provisions of subsections (e), (f), or (g) of

23 Section 8 of this Act may apply to the Illinois State Police

24 requesting relief from that prohibition. The Board shall grant

25 the relief if it is established by a preponderance of the

26 evidence that the person will not be likely to act in a manner

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1 dangerous to public safety and that granting relief would not

2 be contrary to the public interest. In making this

3 determination, the Board shall receive evidence concerning (i)

4 the circumstances regarding the firearms disabilities from

5 which relief is sought; (ii) the petitioner's mental health

6 and criminal history records, if any; (iii) the petitioner's

7 reputation, developed at a minimum through character witness

8 statements, testimony, or other character evidence; and (iv)

9 changes in the petitioner's condition or circumstances since

10 the disqualifying events relevant to the relief sought. If

11 relief is granted under this subsection or by order of a court

12 under this Section, the Director shall as soon as practicable

13 but in no case later than 15 business days, update, correct,

14 modify, or remove the person's record in any database that the

15 Illinois State Police makes available to the National Instant

16 Criminal Background Check System and notify the United States

17 Attorney General that the basis for the record being made

18 available no longer applies. The Illinois State Police shall

19 adopt rules for the administration of this Section.

20 (g) Notwithstanding any other provision of this Act to the

21 contrary, on or after the effective date of this amendatory

22 Act of the 102nd General Assembly, the Illinois State Police

23 may not revoke a Firearm Owner's Identification Card. On or

24 after the effective date of this amendatory Act of the 102nd

25 General Assembly, a Firearm Owner's Identification Card may

26 only be revoked after a Firearm Owner's Identification Card

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1 hearing has been held in the circuit court of the county of

2 residence of the person whose Firearm Owner's Identification

3 Card is sought to be revoked. If the State's Attorney of the

4 county of residence of the person whose Firearm Owner's

5 Identification Card is sought to be revoked has probable cause

6 to believe that the person who has been issued a Firearm

7 Owner's Identification Card is no longer eligible for the Card

8 under Section 8, the State's Attorney shall file a petition in

9 the circuit court of the county of residence of the person

10 whose Card is sought to be revoked. At the hearing, the person

11 may present evidence in his or her favor seeking retention of

12 his or her Firearm Owner's Identification Card and the

13 Illinois State Police and State's Attorney may present

14 evidence for revocation. The hearing shall be a civil

15 proceeding and subject to due process, the Code of Civil

16 Procedure, and the Illinois Rules of Evidence as adopted by

17 the Supreme Court. The hearing shall be held within 45 days

18 after the filing of the petition. If the circuit court

19 determines, by clear and convincing evidence, that the person

20 is ineligible for retention of his or her Firearm Owner's

21 Identification Card under Section 8, the court shall order the

22 Illinois State Police to immediately revoke the Card and the

23 circuit clerk shall seize the Card and transmit the Card to the

24 Illinois State Police.

25 (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;

26 102-645, eff. 1-1-22; revised 10-15-21.)