99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB3283
 
Introduced 2/19/2016, by Sen. Ira I. Silverstein
 
SYNOPSIS AS INTRODUCED:



    
430 ILCS 65/1.1 from Ch. 38, par. 83-1.1
430 ILCS 65/8 from Ch. 38, par. 83-8
430 ILCS 65/8.3 new
430 ILCS 66/70

 Amends the Firearm Owners Identification Card Act. Provides that an immediate family member of a person or a law enforcement officer may file a petition requesting that the court issue either a plenary or ex parte gun violence restraining order enjoining the subject of the petition from having in his or her custody or control, owning, purchasing, possessing, or receiving a firearm or firearm ammunition. Provides that a court may issue a gun violence restraining order if the petition, supported by an affidavit made in writing and signed by the petitioner under oath, or an oral statement, and any additional information provided to the court that shows that there is a substantial likelihood that both of the following are true: (1) the subject of the petition poses a clear and present danger of personal injury to himself, herself, or another by having in his or her custody or control, owning, purchasing, possessing, or receiving a firearm; and (2) a gun violence restraining order is necessary to prevent personal injury to the subject of the petition or another because less restrictive alternatives either have been tried and found to be ineffective, or are inadequate or inappropriate for the circumstances of the subject of the petition. Amends the Firearm Concealed Carry Act to make conforming changes.



LRB099 19066 RLC 43455 b


FISCAL NOTE ACT MAY APPLY
 
 
A BILL FOR
 


SB3283LRB099 19066 RLC 43455 b



1 AN ACT concerning firearms.


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

3represented in the General Assembly:



4 Section 5. The Firearm Owners Identification Card Act is 
5amended by changing Sections 1.1 and 8 and by adding Section 
68.3 as follows:



7 (430 ILCS 65/1.1) (from Ch. 38, par. 83-1.1)


8 Sec. 1.1. For purposes of this Act: 

9 "Addicted to narcotics" means a person who has been: 
10  (1) convicted of an offense involving the use or 
11 possession of cannabis, a controlled substance, or 
12 methamphetamine within the past year; or 
13  (2) determined by the Department of State Police to be 
14 addicted to narcotics based upon federal law or federal 
15 guidelines. 
16 "Addicted to narcotics" does not include possession or use 
17of a prescribed controlled substance under the direction and 
18authority of a physician or other person authorized to 
19prescribe the controlled substance when the controlled 
20substance is used in the prescribed manner.
21 "Adjudicated as a person with a mental disability" means 
22the person is the subject of a determination by a court, board, 
23commission or other lawful authority that the person, as a 
 
 
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1result of marked subnormal intelligence, or mental illness, 
2mental impairment, incompetency, condition, or disease:
3  (1) presents a clear and present danger to himself, 
4 herself, or to others;
5  (2) lacks the mental capacity to manage his or her own 
6 affairs or is adjudicated a person with a disability as 
7 defined in Section 11a-2 of the Probate Act of 1975;
8  (3) is not guilty in a criminal case by reason of 
9 insanity, mental disease or defect;
10  (3.5) is guilty but mentally ill, as provided in 
11 Section 5-2-6 of the Unified Code of Corrections; 
12  (4) is incompetent to stand trial in a criminal case; 
13  (5) is not guilty by reason of lack of mental 
14 responsibility under Articles 50a and 72b of the Uniform 
15 Code of Military Justice, 10 U.S.C. 850a, 876b;

16  (6) is a sexually violent person under subsection (f) 
17 of Section 5 of the Sexually Violent Persons Commitment 
18 Act; 
19  (7) is a sexually dangerous person under the Sexually 
20 Dangerous Persons Act; 
21  (8) is unfit to stand trial under the Juvenile Court 
22 Act of 1987; 
23  (9) is not guilty by reason of insanity under the 
24 Juvenile Court Act of 1987; 
25  (10) is subject to involuntary admission as an 
26 inpatient as defined in Section 1-119 of the Mental Health 
 
 
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1 and Developmental Disabilities Code; 
2  (11) is subject to involuntary admission as an 
3 outpatient as defined in Section 1-119.1 of the Mental 
4 Health and Developmental Disabilities Code; 
5  (12) is subject to judicial admission as set forth in 
6 Section 4-500 of the Mental Health and Developmental 
7 Disabilities Code; or 
8  (13) is subject to the provisions of the Interstate 
9 Agreements on Sexually Dangerous Persons Act. 
10 "Clear and present danger" means a person who:
11  (1) communicates a serious threat of physical violence 
12 against a reasonably identifiable victim or poses a clear 
13 and imminent risk of serious physical injury to himself, 
14 herself, or another person as determined by a physician, 
15 clinical psychologist, or qualified examiner; or
16  (2) demonstrates threatening physical or verbal 
17 behavior, such as violent, suicidal, or assaultive 
18 threats, actions, or other behavior, as determined by a 
19 physician, clinical psychologist, qualified examiner, 
20 school administrator, or law enforcement official.
21 "Clinical psychologist" has the meaning provided in 
22Section 1-103 of the Mental Health and Developmental 
23Disabilities Code.
24 "Controlled substance" means a controlled substance or 
25controlled substance analog as defined in the Illinois 
26Controlled Substances Act. 
 
 
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1 "Counterfeit" means to copy or imitate, without legal 
2authority, with
intent
to deceive.
3 disability
4 This disability results in the professional opinion of a 
5physician, clinical psychologist, or qualified examiner, in 
6significant functional limitations in 3 or more of the 
7following areas of major life activity:
8  (i) self-care;
9  (ii) receptive and expressive language;
10  (iii) learning;
11  (iv) mobility; or
12  (v) self-direction. 
13 "Federally licensed firearm dealer" means a person who is 
14licensed as a federal firearms dealer under Section 923 of the 
15federal Gun Control Act of 1968 (18 U.S.C. 923).


16 "Firearm" means any device, by
whatever name known, which 
17is designed to expel a projectile or projectiles
by the action 
18of an explosion, expansion of gas or escape of gas; excluding,

19however:


20  (1) any pneumatic gun, spring gun, paint ball gun, or 
21 B-B gun which
expels a single globular projectile not 
22 exceeding .18 inch in
diameter or which has a maximum 
23 muzzle velocity of less than 700 feet
per second;

24  (1.1) any pneumatic gun, spring gun, paint ball gun, or 
25 B-B gun which expels breakable paint balls containing 
26 washable marking colors; 

 
 
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1  (2) any device used exclusively for signalling or 
2 safety and required or
recommended by the United States 
3 Coast Guard or the Interstate Commerce
Commission;


4  (3) any device used exclusively for the firing of stud 
5 cartridges,
explosive rivets or similar industrial 
6 ammunition; and


7  (4) an antique firearm (other than a machine-gun) 
8 which, although
designed as a weapon, the Department of 
9 State Police finds by reason of
the date of its 
10 manufacture, value, design, and other characteristics is

11 primarily a collector's item and is not likely to be used 
12 as a weapon.

13 "Firearm ammunition" means any self-contained cartridge or 
14shotgun
shell, by whatever name known, which is designed to be 
15used or adaptable to
use in a firearm; excluding, however:


16  (1) any ammunition exclusively designed for use with a 
17 device used
exclusively for signalling or safety and 
18 required or recommended by the
United States Coast Guard or 
19 the Interstate Commerce Commission; and


20  (2) any ammunition designed exclusively for use with a 
21 stud or rivet
driver or other similar industrial 
22 ammunition.
23 "Gun show" means an event or function:
24  (1) at which the sale and transfer of firearms is the 
25 regular and normal course of business and where 50 or more 
26 firearms are displayed, offered, or exhibited for sale, 
 
 
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1 transfer, or exchange; or
2  (2) at which not less than 10 gun show vendors display, 
3 offer, or exhibit for sale, sell, transfer, or exchange 
4 firearms.

5 "Gun show" includes the entire premises provided for an 
6event or function, including parking areas for the event or 
7function, that is sponsored to facilitate the purchase, sale, 
8transfer, or exchange of firearms as described in this Section.

9Nothing in this definition shall be construed to exclude a gun 
10show held in conjunction with competitive shooting events at 
11the World Shooting Complex sanctioned by a national governing 
12body in which the sale or transfer of firearms is authorized 
13under subparagraph (5) of paragraph (g) of subsection (A) of 
14Section 24-3 of the Criminal Code of 2012. 
15 Unless otherwise expressly stated, "gun show" does not 
16include training or safety classes, competitive shooting 
17events, such as rifle, shotgun, or handgun matches, trap, 
18skeet, or sporting clays shoots, dinners, banquets, raffles, or

19any other event where the sale or transfer of firearms is not 
20the primary course of business.
21 "Gun show promoter" means a person who organizes or 
22operates a gun show.
23 "Gun show vendor" means a person who exhibits, sells, 
24offers for sale, transfers, or exchanges any firearms at a gun 
25show, regardless of whether the person arranges with a gun show 
26promoter for a fixed location from which to exhibit, sell, 
 
 
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1offer for sale, transfer, or exchange any firearm.
2 "Gun violence restraining order" means an order, in 
3writing, signed by the court, prohibiting and enjoining a named 
4person from having in his or her custody or control, owning, 
5purchasing, possessing, or receiving any firearms or firearm 
6ammunition and ordering the seizure of the named person's 
7firearms, Firearm Owner's Identification Card and concealed 
8carry license, if any, during the duration of the order. 
9 "Immediate family" means any
spouse, whether by marriage or 
10not, parent, child, any person related
by consanguinity or 
11affinity within the second degree, or any other
person who 
12regularly resides in the household, or who, within the
prior 6 
13months, regularly resided in the household. 
14 "Involuntarily admitted" has the meaning as prescribed in 
15Sections 1-119 and 1-119.1 of the Mental Health and 
16Developmental Disabilities Code. 
17 "Mental health facility" means any licensed private 
18hospital or hospital affiliate, institution, or facility, or 
19part thereof, and any facility, or part thereof, operated by 
20the State or a political subdivision thereof which provide 
21treatment of persons with mental illness and includes all 
22hospitals, institutions, clinics, evaluation facilities, 
23mental health centers, colleges, universities, long-term care 
24facilities, and nursing homes, or parts thereof, which provide 
25treatment of persons with mental illness whether or not the 
26primary purpose is to provide treatment of persons with mental 
 
 
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1illness. 
2 "National governing body" means a group of persons who 
3adopt rules and formulate policy on behalf of a national 
4firearm sporting organization. 
5 "Patient" means: 
6  (1) a person who voluntarily receives mental health 
7 treatment as an in-patient or resident of any public or 
8 private mental health facility, unless the treatment was 
9 solely for an alcohol abuse disorder and no other secondary 
10 substance abuse disorder or mental illness; or 
11  (2) a person who voluntarily receives mental health 
12 treatment as an out-patient or is provided services by a 
13 public or private mental health facility, and who poses a 
14 clear and present danger to himself, herself, or to others. 
15 "Person with a developmental disability" means a person 
16with a disability which is attributable to any other condition 
17which results in impairment similar to that caused by an 
18intellectual disability and which requires services similar to 
19those required by persons with intellectual disabilities. The 
20disability must originate before the age of 18
years, be 
21expected to continue indefinitely, and constitute a 
22substantial disability. This disability results, in the 
23professional opinion of a physician, clinical psychologist, or 
24qualified examiner, in significant functional limitations in 3 
25or more of the following areas of major life activity:
26  (i) self-care;
 
 
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1  (ii) receptive and expressive language;
2  (iii) learning;
3  (iv) mobility; or
4  (v) self-direction. 
5 "Person with an intellectual disability" means a person 
6with a significantly subaverage general intellectual 
7functioning which exists concurrently with impairment in 
8adaptive behavior and which originates before the age of 18 
9years. 
10 "Physician" has the meaning as defined in Section 1-120 of 
11the Mental Health and Developmental Disabilities Code.
12 "Qualified examiner" has the meaning provided in Section 
131-122 of the Mental Health and Developmental Disabilities Code.
14 "Sanctioned competitive shooting event" means a shooting 
15contest officially recognized by a national or state shooting 
16sport association, and includes any sight-in or practice 
17conducted in conjunction with the event.


18 "School administrator" means the person required to report 
19under the School Administrator Reporting of Mental Health Clear 
20and Present Danger Determinations Law.
21 "Stun gun or taser" has the meaning ascribed to it in 
22Section 24-1 of the Criminal Code of 2012.
23(Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15; 99-143, 
24eff. 7-27-15; revised 10-20-15.)



25 (430 ILCS 65/8) (from Ch. 38, par. 83-8)

 
 
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1 Sec. 8. Grounds for denial and revocation. The Department 
2of State Police has authority to deny an
application for or to 
3revoke and seize a Firearm Owner's Identification
Card 
4previously issued under this Act only if the Department finds 
5that the
applicant or the person to whom such card was issued 
6is or was at the time
of issuance:

7  (a) A person under 21 years of age who has been 
8 convicted of a
misdemeanor other than a traffic offense or 
9 adjudged delinquent;

10  (b) A person under 21 years of age who does not have 
11 the written consent
of his parent or guardian to acquire 
12 and possess firearms and firearm
ammunition, or whose 
13 parent or guardian has revoked such written consent,
or 
14 where such parent or guardian does not qualify to have a 
15 Firearm Owner's
Identification Card;

16  (c) A person convicted of a felony under the laws of 
17 this or any other
jurisdiction;

18  (d) A person addicted to narcotics;

19  (e) A person who has been a patient of a mental health 
20 facility within the
past 5 years or a person who has been a 
21 patient in a mental health facility more than 5 years ago 
22 who has not received the certification required under 
23 subsection (u) of this Section. An active law enforcement 
24 officer employed by a unit of government who is denied, 
25 revoked, or has his or her Firearm Owner's Identification 
26 Card seized under this subsection (e) may obtain relief as 
 
 
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1 described in subsection (c-5) of Section 10 of this Act if 
2 the officer did not act in a manner threatening to the 
3 officer, another person, or the public as determined by the 
4 treating clinical psychologist or physician, and the 
5 officer seeks mental health treatment;

6  (f) A person whose mental condition is of such a nature 
7 that it poses
a clear and present danger to the applicant, 
8 any other person or persons or
the community;

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

10  (h) A person who intentionally makes a false statement 
11 in the Firearm
Owner's Identification Card application;

12  (i) An alien who is unlawfully present in
the United 
13 States under the laws of the United States;

14  (i-5) An alien who has been admitted to the United 
15 States under a
non-immigrant visa (as that term is defined 
16 in Section 101(a)(26) of the
Immigration and Nationality 
17 Act (8 U.S.C. 1101(a)(26))), except that this
subsection 
18 (i-5) does not apply to any alien who has been lawfully 
19 admitted to
the United States under a non-immigrant visa if 
20 that alien is:

21   (1) admitted to the United States for lawful 
22 hunting or sporting purposes;

23   (2) an official representative of a foreign 
24 government who is:

25    (A) accredited to the United States Government 
26 or the Government's
mission to an international 
 
 
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1 organization having its headquarters in the United

2 States; or

3    (B) en route to or from another country to 
4 which that alien is
accredited;

5   (3) an official of a foreign government or 
6 distinguished foreign visitor
who has been so 
7 designated by the Department of State;

8   (4) a foreign law enforcement officer of a friendly 
9 foreign government
entering the United States on 
10 official business; or

11   (5) one who has received a waiver from the Attorney 
12 General of the United
States pursuant to 18 U.S.C. 
13 922(y)(3);

14  (j) (Blank);

15  (k) A person who has been convicted within the past 5 
16 years of battery,
assault, aggravated assault, violation 
17 of an order of protection, or a
substantially similar 
18 offense in another jurisdiction, in which a firearm was

19 used or possessed;

20  (l) A person who has been convicted of domestic 
21 battery, aggravated domestic battery, or a substantially

22 similar offense in another jurisdiction committed before, 
23 on or after January 1, 2012 (the effective date of Public 
24 Act 97-158). If the applicant or person who has been 
25 previously issued a Firearm Owner's Identification Card 
26 under this Act knowingly and intelligently waives the right 
 
 
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1 to have an offense described in this paragraph (l) tried by 
2 a jury, and by guilty plea or otherwise, results in a 
3 conviction for an offense in which a domestic relationship 
4 is not a required element of the offense but in which a 
5 determination of the applicability of 18 U.S.C. 922(g)(9) 
6 is made under Section 112A-11.1 of the Code of Criminal 
7 Procedure of 1963, an entry by the court of a judgment of 
8 conviction for that offense shall be grounds for denying an 
9 application for and for revoking and seizing a Firearm 
10 Owner's Identification Card previously issued to the 
11 person under this Act;

12  (m) (Blank);

13  (n) A person who is prohibited from acquiring or 
14 possessing
firearms or firearm ammunition by any Illinois 
15 State statute or by federal
law;

16  (o) A minor subject to a petition filed under Section 
17 5-520 of the
Juvenile Court Act of 1987 alleging that the 
18 minor is a delinquent minor for
the commission of an 
19 offense that if committed by an adult would be a felony;


20  (p) An adult who had been adjudicated a delinquent 
21 minor under the Juvenile
Court Act of 1987 for the 
22 commission of an offense that if committed by an
adult 
23 would be a felony;

24  (q) A person who is not a resident of the State of 
25 Illinois, except as provided in subsection (a-10) of 
26 Section 4; 
 
 
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1  (r) A person who has been adjudicated as a person with 
2 a mental disability; 
3  (s) A person who has been found to have a developmental 
4 disability; 
5  (t) A person involuntarily admitted into a mental 
6 health facility; or 
7  (u) A person who has had his or her Firearm Owner's 
8 Identification Card revoked or denied under subsection (e) 
9 of this Section or item (iv) of paragraph (2) of subsection 
10 (a) of Section 4 of this Act because he or she was a 
11 patient in a mental health facility as provided in 
12 subsection (e) of this Section, shall not be permitted to 
13 obtain a Firearm Owner's Identification Card, after the 
14 5-year period has lapsed, unless he or she has received a 
15 mental health evaluation by a physician, clinical 
16 psychologist, or qualified examiner as those terms are 
17 defined in the Mental Health and Developmental 
18 Disabilities Code, and has received a certification that he 
19 or she is not a clear and present danger to himself, 
20 herself, or others. The physician, clinical psychologist, 
21 or qualified examiner making the certification and his or 
22 her employer shall not be held criminally, civilly, or 
23 professionally liable for making or not making the 
24 certification required under this subsection, except for 
25 willful or wanton misconduct. This subsection does not 
26 apply to a person whose firearm possession rights have been 
 
 
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1 restored through administrative or judicial action under 
2 Section 10 or 11 of this Act; or
3  (v) A person who is subject to a gun violence 
4 restraining order issued under Section 8.3 of this Act 
5 during the duration of the order. 
6 Upon revocation of a person's Firearm Owner's 
7Identification Card, the Department of State Police shall 
8provide notice to the person and the person shall comply with 
9Section 9.5 of this Act. 
10(Source: P.A. 98-63, eff. 7-9-13; 98-508, eff. 8-19-13; 98-756, 
11eff. 7-16-14; 99-143, eff. 7-27-15.)


12 (430 ILCS 65/8.3 new)
13 Sec. 8.3. Gun violence restraining order.
14 (a) The Supreme Court may prescribe the form of the 
15petitions and orders and any other documents, and may adopt any 
16rules of court, necessary to implement this Section. 
17 (b) An immediate family member of a person or a law 
18enforcement officer may file a petition requesting that the 
19court issue either a plenary or ex parte gun violence 
20restraining order enjoining the subject of the petition from 
21having in his or her custody or control, owning, purchasing, 
22possessing, or receiving a firearm or firearm ammunition. A 
23petition for a gun violence restraining order shall describe 
24the number, types, and locations of any firearms and firearm 
25ammunition presently believed by the petitioner to be possessed 
 
 
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1or controlled by the subject of the petition. Prior to a 
2hearing on the issuance, renewal, or termination of an order 
3under this Section, the court shall ensure that a search of 
4LEADS and other law enforcement databases is conducted of any 
5conviction information of the respondent for a forcible felony; 
6any misdemeanor conviction involving domestic violence, 
7weapons, or other violence; any outstanding warrant; parole, 
8mandatory supervised release, aftercare release, probation, or 
9conditional discharge status; any prior restraining order; and 
10any violation of a prior restraining order. After issuing its 
11ruling, the court shall provide the advisement to the parties 
12that the information obtained from the search conducted under 
13this subsection (b) is confidential and may be released only to 
14the parties and their counsels, and court personnel. The court 
15shall keep information obtained from a search conducted under 
16this subsection (b) confidential in accordance with this 
17subsection (b). The court shall notify the Department of State 
18Police when a gun violence restraining order has been issued or 
19renewed under this Section no later than one court day after 
20issuing or renewing the order.
21 (c) A court may issue a gun violence restraining order if 
22the petition, supported by an affidavit made in writing and 
23signed by the petitioner under oath, or an oral statement, and 
24any additional information provided to the court that shows 
25that there is a substantial likelihood that both of the 
26following are true:
 
 
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1  (1) the subject of the petition poses a clear and 
2 present danger of personal injury to himself, herself, or 
3 another by having in his or her custody or control, owning, 
4 purchasing, possessing, or receiving a firearm as 
5 determined by considering the factors listed in subsection 
6 (f) of this Section; and
7  (2) a gun violence restraining order is necessary to 
8 prevent personal injury to the subject of the petition or 
9 another because less restrictive alternatives either have 
10 been tried and found to be ineffective, or are inadequate 
11 or inappropriate for the circumstances of the subject of 
12 the petition.
13 (d) An affidavit supporting a petition for the issuance of 
14a gun violence restraining order shall set forth the facts 
15tending to establish the grounds of the petition, or the reason 
16for believing that they exist.
17 (e) If the court determines that the petitioner, 
18respondent, or another person is in imminent danger of death or 
19great bodily harm because of an act of the respondent, the 
20court may issue an ex parte gun violence restraining order 
21without notice and hearing. An ex parte order under this 
22subsection (e) shall be issued or denied on the same day that 
23the petition is submitted to the court, unless the petition is 
24filed too late in the day to permit effective review, in which 
25case the order shall be issued or denied on the next day of 
26judicial business in sufficient time for the order to be filed 
 
 
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1that day with the clerk of the court. The court, before issuing 
2an ex parte gun violence restraining order, shall examine on 
3oath, the petitioner and any witness the petitioner may 
4produce.
In lieu of examining the petitioner and any witness 
5the petitioner may produce, the court may require the 
6petitioner and any witness to submit a written affidavit signed 
7under oath.
8 (f) In determining whether grounds for a gun violence 
9restraining order exist, the court shall consider all evidence 
10of the following:
11  (1) a recent threat of violence or act of violence by 
12 the subject of the petition directed toward another;
13  (2) a recent threat of violence or act of violence by 
14 the subject of the petition directed toward himself or 
15 herself;
16  (3) a violation of an emergency order of protection 
17 issued under Section 112A-17 of the Code of Criminal 
18 Procedure of 1963 or under Section 217 of the Illinois 
19 Domestic Violence Act of 1986 that is in effect at the time 
20 the court is considering the petition;
21  (4) a recent violation of an unexpired order of 
22 protection issued under Section 112A-14, 112A-18, or 
23 112A-19 of the Code of Criminal Procedure of 1963 or under 
24 Section 214, 218, or 219 of the Illinois Domestic Violence 
25 Act of 1986, a stalking no contact order issued under 
26 Section 80, 95, or 100 of the Stalking No Contact Order 
 
 
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1 Act, or a civil no contact order issued under Section 213, 
2 214, or 215 of the Civil No Contact Order Act;
3  (5) a conviction for any offense listed in Article 24 
4 of the Criminal Code of 2012;
5  (6) a pattern of violent acts or violent threats within 
6 the past 12 months, including, but not limited to, threats 
7 of violence or acts of violence by the subject of the 
8 petition directed toward himself, herself, or another.
In 
9 determining whether grounds for a gun violence restraining 
10 order exist, the court may consider any other evidence of 
11 an increased risk for violence, including, but not limited 
12 to, evidence of any of the following:
13   (i) the unlawful and reckless use, display, or 
14 brandishing of a firearm by the subject of the 
15 petition;
16   (ii) the history of use, attempted use, or 
17 threatened use of physical force by the subject of the 
18 petition against another person;
19   (iii) any prior arrest of the subject of the 
20 petition for a felony offense;
21   (iv) any history of a violation by the subject of 
22 the petition of an emergency
order of protection issued 
23 under Section 112A-17 of the Code of Criminal Procedure 
24 of 1963 or under Section 217 of the Illinois Domestic 
25 Violence Act of 1986 that is in effect at the time the 
26 court is considering the petition;
 
 
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1   (v) any history of a violation by the subject of 
2 the petition of a
order of protection issued under 
3 Section 112A-14, 112A-18, or 112A-19 of the Code of 
4 Criminal Procedure of 1963 or under Section 214, 218, 
5 or 219 of the Illinois Domestic Violence Act of 1986, a 
6 stalking no contact order issued under Section 80, 95, 
7 or 100 of the Stalking No Contact Order Act, or a civil 
8 no contact order issued under Section 213, 214, or 215 
9 of the Civil No Contact Order Act;
10   (vi) documentary evidence, including, but not 
11 limited to, police reports and records of convictions, 
12 of either recent criminal offenses by the subject of 
13 the petition that involve controlled substances or 
14 alcohol or ongoing abuse of controlled substances or 
15 alcohol by the subject of the petition; or
16   (vii) evidence of recent acquisition of firearms, 
17 ammunition, or other deadly weapons.
As used in this 
18 item (vii), "recent" means within the 6 months prior to 
19 the date the petition was filed.
20 (g) If the court determines that there are grounds to issue 
21an ex parte gun violence restraining order, it shall issue an 
22ex parte gun violence restraining order that prohibits the 
23subject of the petition from having in his or her custody or 
24control, owning, purchasing, possessing, or receiving, or 
25attempting to purchase or receive, a firearm or ammunition, and 
26expires no later than 21 days from the date of the order.
The 
 
 
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1order shall also require that the Department of State Police 
2seize the respondent's firearms and Firearm Owner's 
3Identification Card and concealed carry license, if 
4applicable. The respondent's firearms, Firearm Owner's 
5Identification Card and concealed carry license, if applicable 
6shall be returned to the respondent upon expiration of the 
7order.
8 (h) A gun violence restraining order issued under this 
9Section shall include all of the following:
10  (1) a statement of the grounds supporting the issuance 
11 of the order;
12  (2) the date and time the order expires;
13  (3) the address of the circuit court in which any 
14 responsive pleading should be filed;
15  (4) the date and time of the scheduled hearing; and
16  (5) the following statement:
17   "To the restrained person: This order will last 
18 until .... (the date and time noted in the order). If 
19 you have not done so already, you must surrender all 
20 firearms and firearm ammunition that you own or possess 
21 and your Firearm Owner's Identification Card and 
22 concealed carry license if one has been issued to you 
23 in accordance with Section 8.3 of the Firearm Owners 
24 Identification Card Act. You may not have in your 
25 custody or control, own, purchase, possess, or 
26 receive, or attempt to purchase or receive a firearm or 
 
 
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1 firearm ammunition, while this order is in effect. 
2 Under Section 8.3 of the Firearm Owners Identification 
3 Card Act, you have the right to request one hearing to 
4 terminate this order at any time during its effective 
5 period. You may seek the advice of an attorney as to 
6 any matter connected with the order."
7 (i) (1) A gun violence restraining order shall be 
8personally served on the restrained person by a person 
9authorized to serve process under Section 2-202 of the Code of 
10Civil Procedure, if the restrained person can reasonably be 
11located.
12 (2) When serving an ex parte gun violence restraining 
13order, a law enforcement officer shall inform the restrained 
14person of the hearing scheduled under this Section. Within 21 
15days after the date on the order, before the court that issued 
16the order or another court in the same circuit, the court shall 
17hold a hearing under this Section to determine if a gun 
18violence restraining order should be issued under this Section. 
19 (j) When the court issues a plenary gun violence 
20restraining order under this Section, the court shall inform 
21the restrained person that he or she is entitled to one hearing 
22to request a termination of the order under this Section, and 
23shall provide the restrained person with a form to request a 
24hearing.
25 (k) A person subject to a gun violence restraining order 
26issued under this Section may submit one written request at any 
 
 
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1time during the effective period of the order for a hearing to 
2terminate the order.
3 (l) If the court finds after the hearing that there is no 
4longer clear and convincing evidence to believe that paragraphs 
5(1) and (2) of subsection (c) of this Section are true, the 
6court shall terminate the order.
7 (m) An immediate family member of a restrained person or a 
8law enforcement officer may request a renewal of a gun violence 
9restraining order at any time within the 3 months before the 
10expiration of a gun violence restraining order.
11 (n) A court may, after notice and a hearing, renew a gun 
12violence restraining order issued under this Section if the 
13petitioner proves, by clear and convincing evidence, that 
14paragraphs (1) and (2) of subsection (c) of this Section 
15continue to be true.
16 (o) In determining whether to renew a gun violence 
17restraining order issued under this Section, the court shall 
18consider evidence of the facts identified in subsection (f) of 
19this Section.
20 (p) At the hearing, the petitioner shall have the burden of 
21proving, by clear and convincing evidence, that paragraphs (1) 
22and (2) of subsection (c) of this Section are true.
23 (q) If the renewal petition is supported by clear and 
24convincing evidence, the court shall renew the gun violence 
25restraining order issued under this Section.
26 (r) The renewal of a gun violence restraining order issued 
 
 
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1under this Section shall have a duration of one year, subject 
2to termination by further order of the court at a hearing held 
3under this Section and further renewal by further order of the 
4court under this Section.
5 (s) A gun violence restraining order renewed under this 
6Section shall include the information identified in subsection 
7(f) of this Section. Any hearing held under this Section may be 
8continued upon a showing of good cause. Any existing order 
9issued under this Section shall remain in full force and effect 
10during the period of continuance.
11 (t) If a person subject to a gun violence restraining order 
12issued or renewed under this Section was not present in court 
13at the time the order was issued or renewed, the gun violence 
14restraining order shall be personally served on the restrained 
15person by a person authorized to serve process under Section 
162-202 of the Code of Civil Procedure, if the restrained person 
17can reasonably be located. 
18 (u) Nothing in this Section shall be interpreted to require 
19a law enforcement agency or a law enforcement officer to seek a 
20gun violence restraining order in any case, including, but not 
21limited to, in a case in which the agency or officer concludes, 
22after investigation, that the criteria for issuance of a gun 
23violence restraining order are not satisfied. 


24 Section 10. The Firearm Concealed Carry Act is amended by 
25changing Section 70 as follows:

 
 
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1 (430 ILCS 66/70)

2 Sec. 70. Violations. 
3 (a) A license issued or renewed under this Act shall be 
4revoked if, at any time, the licensee is found to be ineligible 
5for a license under this Act or the licensee no longer meets 
6the eligibility requirements of the Firearm Owners 
7Identification Card Act.
8 (b) A license shall be suspended if an order of protection, 
9including an emergency order of protection, plenary order of 
10protection, or interim order of protection under Article 112A 
11of the Code of Criminal Procedure of 1963 or under the Illinois 
12Domestic Violence Act of 1986, is issued against a licensee for 
13the duration of the order, or if the Department is made aware 
14of a similar order issued against the licensee in any other 
15jurisdiction. If an order of protection is issued against a 
16licensee, the licensee shall surrender the license, as 
17applicable, to the court at the time the order is entered or to 
18the law enforcement agency or entity serving process at the 
19time the licensee is served the order. The court, law 
20enforcement agency, or entity responsible for serving the order 
21of protection shall notify the Department within 7 days and 
22transmit the license to the Department.
23 (c) A license is invalid upon expiration of the license, 
24unless the licensee has submitted an application to renew the 
25license, and the applicant is otherwise eligible to possess a 
 
 
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1license under this Act.
2 (d) A licensee shall not carry a concealed firearm while 
3under the influence of alcohol, other drug or drugs, 
4intoxicating compound or combination of compounds, or any 
5combination thereof, under the standards set forth in 
6subsection (a) of Section 11-501 of the Illinois Vehicle Code.
7 A licensee in violation of this subsection (d) shall be 
8guilty of a Class A misdemeanor for a first or second violation 
9and a Class 4 felony for a third violation. The Department may 
10suspend a license for up to 6 months for a second violation and 
11shall permanently revoke a license for a third violation.
12 (e) Except as otherwise provided, a licensee in violation 
13of this Act shall be guilty of a Class B misdemeanor. A second 
14or subsequent violation is a Class A misdemeanor. The 
15Department may suspend a license for up to 6 months for a 
16second violation and shall permanently revoke a license for 3 
17or more violations of Section 65 of this Act. Any person 
18convicted of a violation under this Section shall pay a $150 
19fee to be deposited into the Mental Health Reporting Fund, plus 
20any applicable court costs or fees.
21 (f) A licensee convicted or found guilty of a violation of 
22this Act who has a valid license and is otherwise eligible to 
23carry a concealed firearm shall only be subject to the 
24penalties under this Section and shall not be subject to the 
25penalties under Section 21-6, paragraph (4), (8), or (10) of 
26subsection (a) of Section 24-1, or subparagraph (A-5) or (B-5) 
 
 
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1of paragraph (3) of subsection (a) of Section 24-1.6 of the 
2Criminal Code of 2012. Except as otherwise provided in this 
3subsection, nothing in this subsection prohibits the licensee 
4from being subjected to penalties for violations other than 
5those specified in this Act.
6 (g) A licensee whose license is revoked, suspended, or 
7denied shall, within 48 hours of receiving notice of the 
8revocation, suspension, or denial, surrender his or her 
9concealed carry license to the local law enforcement agency 
10where the person resides. The local law enforcement agency 
11shall provide the licensee a receipt and transmit the concealed 
12carry license to the Department of State Police. If the 
13licensee whose concealed carry license has been revoked, 
14suspended, or denied fails to comply with the requirements of 
15this subsection, the law enforcement agency where the person 
16resides may petition the circuit court to issue a warrant to 
17search for and seize the concealed carry license in the 
18possession and under the custody or control of the licensee 
19whose concealed carry license has been revoked, suspended, or 
20denied. The observation of a concealed carry license in the 
21possession of a person whose license has been revoked, 
22suspended, or denied constitutes a sufficient basis for the 
23arrest of that person for violation of this subsection. A 
24violation of this subsection is a Class A misdemeanor.
25 (h) A license issued or renewed under this Act shall be 
26revoked if, at any time, the licensee is found ineligible for a 
 
 
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1Firearm Owner's Identification Card, or the licensee no longer 
2possesses a valid Firearm Owner's Identification Card. A 
3licensee whose license is revoked under this subsection (h) 
4shall surrender his or her concealed carry license as provided 
5for in subsection (g) of this Section. 
6 This subsection shall not apply to a person who has filed 
7an application with the State Police for renewal of a Firearm

8Owner's Identification Card and who is not otherwise ineligible 
9to obtain a Firearm Owner's Identification Card.

10 (i) A certified firearms instructor who knowingly provides 
11or offers to provide a false certification that an applicant 
12has completed firearms training as required under this Act is 
13guilty of a Class A misdemeanor. A person guilty of a violation 
14of this subsection (i) is not eligible for court supervision. 
15The Department shall permanently revoke the firearms 
16instructor certification of a person convicted under this 
17subsection (i). 
18 (j) A person who is subject to a gun violence restraining 
19order shall surrender his or her concealed carry license to the 
20Department of State Police. The person's license shall be 
21suspended during the duration of the order. 
22(Source: P.A. 98-63, eff. 7-9-13; 98-756, eff. 7-16-14; 98-899, 
23eff. 8-15-14.)