HB2354 Enrolled LRB100 05908 RLC 15934 b
1		AN ACT concerning orders of protection.
2		Be it enacted by the People of the State of Illinois,
3		represented in the General Assembly:
4		Section 1. Short title. This Act may be cited as the
5		Firearms Restraining Order Act.
6		Section 5. Definitions. As used in this Act:
7		"Family member of the respondent" means a spouse, parent,
8		child, or step-child of the respondent, any other person
9		related by blood or present marriage to the respondent, or a
10		person who shares a common dwelling with the respondent.
11		"Firearms restraining order" means an order issued by the
12		court, prohibiting and enjoining a named person from having in
13		his or her custody or control, purchasing, possessing, or
14		receiving any firearms.
15		"Intimate partner" means a spouse, former spouse, a person
16		with whom the respondent has or allegedly has a child in
17		common, or a person with whom the respondent has or has had a
18		dating or engagement relationship.
19		"Petitioner" means:
20		(1) a family member of the respondent as defined in
21		this Act; or
22		(2) a law enforcement officer, who files a petition
23		alleging that the respondent poses a danger of causing

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1		personal injury to himself, herself, or another by having
2		in his or her custody or control, purchasing, possessing,
3		or receiving a firearm.
4		"Respondent" means the person alleged in the petition to
5		pose a danger of causing personal injury to himself, herself,
6		or another by having in his or her custody or control,
7		purchasing, possessing, or receiving a firearm.
8		Section 10. Commencement of action; procedure.
9		(a) Actions for a firearms restraining order are commenced
10		by filing a verified petition for a firearms restraining order
11		in any circuit court.
12		(b) A petition for a firearms restraining order may be
13		filed in any county where the respondent resides.
14		(c) No fee shall be charged by the clerk for filing,
15		amending, vacating, certifying, or photocopying petitions or
16		orders; or for issuing alias summons; or for any related filing
17		service. No fee shall be charged by the sheriff or other law
18		enforcement for service by the sheriff or other law enforcement
19		of a petition, rule, motion, or order in an action commenced
20		under this Section.
21		(d) The court shall provide, through the office of the
22		clerk of the court, simplified forms and clerical assistance to
23		help with the writing and filing of a petition under this
24		Section by any person not represented by counsel. In addition,
25		that assistance may be provided by the State's Attorney.

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1		Section 15. Subject matter jurisdiction. Each of the
2		circuit courts shall have the power to issue firearms
3		restraining orders.
4		Section 20. Jurisdiction over persons. The circuit courts
5		of this State have jurisdiction to bind (1) State residents and
6		(2) non-residents having minimum contacts with this State, to
7		the extent permitted by Section 2-209 of the Code of Civil
8		Procedure.
9		Section 25. Process. The summons shall be in the form
10		prescribed by Supreme Court Rule 101(d), except that it shall
11		require respondent to answer or appear within 7 days.
12		Attachments to the summons or notice shall include the petition
13		for the firearms restraining order and supporting affidavits,
14		if any, and any emergency firearms restraining order that has
15		been issued. The enforcement of an order under Section 35 shall
16		not be affected by the lack of service, delivery, or notice,
17		provided the requirements of subsection (f) of that Section are
18		otherwise met.
19		Section 30. Service of notice of hearings. Service of
20		notice of hearings. Except as provided in Section 25, notice of
21		hearings on petitions or motions shall be served in accordance
22		with Supreme Court Rules 11 and 12, unless notice is excused by

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1		Section 35 of this Act, or by the Code of Civil Procedure,
2		Supreme Court Rules, or local rules.
3		Section 35. Ex parte orders and emergency hearings.
4		(a) A petitioner may request an emergency firearms
5		restraining order by filing an affidavit or verified pleading
6		alleging that the respondent poses an immediate and present
7		danger of causing personal injury to himself, herself, or
8		another by having in his or her custody or control, purchasing,
9		possessing, or receiving a firearm. The petition shall also
10		describe the type and location of any firearm or firearms
11		presently believed by the petitioner to be possessed or
12		controlled by the respondent.
13		(b) If the respondent is alleged to pose an immediate and
14		present danger of causing personal injury to an intimate
15		partner, or an intimate partner is alleged to have been the
16		target of a threat or act of violence by the respondent,
17		petitioner shall make a good faith effort to provide notice to
18		any and all intimate partners of the respondent. The notice
19		must include that the petitioner intends to petition the court
20		for an emergency firearms restraining order, and, if petitioner
21		is a law enforcement officer, referral to relevant domestic
22		violence or stalking advocacy or counseling resources, if
23		appropriate. Petitioner shall attest to having provided the
24		notice in the filed affidavit or verified pleading. If after
25		making a good faith effort petitioner is unable to provide

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1		notice to any or all intimate partners, the affidavit or
2		verified pleading should describe what efforts were made.
3		(c) Every person who files a petition for an emergency
4		firearms restraining order, knowing the information provided
5		to the court at any hearing or in the affidavit or verified
6		pleading to be false, is guilty of perjury under Section 32-2
7		of the Criminal Code of 2012.
8		(d) An emergency firearms restraining order shall be issued
9		on an ex parte basis, that is, without notice to the
10		respondent.
11		(e) An emergency hearing held on an ex parte basis shall be
12		held the same day that the petition is filed or the next day
13		that the court is in session.
14		(f) If a circuit or associate judge finds probable cause to
15		believe that the respondent poses an immediate and present
16		danger of causing personal injury to himself, herself, or
17		another by having in his or her custody or control, purchasing,
18		possessing, or receiving a firearm the circuit or associate
19		judge shall issue an emergency order.
20		(f-5) If the court issues an emergency firearms restraining
21		order, it shall, upon a finding of probable cause that the
22		respondent possesses firearms, issue a search warrant
23		directing a law enforcement agency to seize the respondent's
24		firearms. The court may, as part of that warrant, direct the
25		law enforcement agency to search the respondent's residence and
26		other places where the court finds there is probable cause to

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1		believe he or she is likely to possess the firearms.
2		(g) An emergency firearms restraining order shall require:
3		(1) the respondent to refrain from having in his or her
4		custody or control, purchasing, possessing, or receiving
5		additional firearms for the duration of the order; and
6		(2) the respondent to turn over to the local law
7		enforcement agency any Firearm Owner's Identification Card
8		and concealed carry license in his or her possession. The
9		local law enforcement agency shall immediately mail the
10		card and concealed carry license to the Department of State
11		Police Firearm Services Bureau for safekeeping. The
12		firearm or firearms and Firearm Owner's Identification
13		Card and concealed carry license, if unexpired, shall be
14		returned to the respondent after the firearms restraining
15		order is terminated or expired.
16		(h) Except as otherwise provided in subsection (h-5) of
17		this Section, upon expiration of the period of safekeeping, if
18		the firearms or Firearm Owner's Identification Card and
19		concealed carry license cannot be returned to respondent
20		because respondent cannot be located, fails to respond to
21		requests to retrieve the firearms, or is not lawfully eligible
22		to possess a firearm, upon petition from the local law
23		enforcement agency, the court may order the local law
24		enforcement agency to destroy the firearms, use the firearms
25		for training purposes, or for any other application as deemed
26		appropriate by the local law enforcement agency.

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1		(h-5) A respondent whose Firearm Owner's Identification
2		Card has been revoked or suspended may petition the court, if
3		the petitioner is present in court or has notice of the
4		respondent's petition, to transfer the respondent's firearm to
5		a person who is lawfully able to possess the firearm if the
6		person does not reside at the same address as the respondent.
7		Notice of the petition shall be served upon the person
8		protected by the emergency firearms restraining order. While
9		the order is in effect, the transferee who receives
10		respondent's firearms must swear or affirm by affidavit that he
11		or she shall not transfer the firearm to the respondent or to
12		anyone residing in the same residence as the respondent.
13		(h-6) If a person other than the respondent claims title to
14		any firearms surrendered under this Section, he or she may
15		petition the court, if the petitioner is present in court or
16		has notice of the petition, to have the firearm returned to him
17		or her. If the court determines that person to be the lawful
18		owner of the firearm, the firearm shall be returned to him or
19		her, provided that:
20		(1) the firearm is removed from the respondent's
21		custody, control, or possession and the lawful owner agrees
22		to store the firearm in a manner such that the respondent
23		does not have access to or control of the firearm; and
24		(2) the firearm is not otherwise unlawfully possessed
25		by the owner.
26		The person petitioning for the return of his or her firearm

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1		must swear or affirm by affidavit that he or she: (i) is the
2		lawful owner of the firearm; (ii) shall not transfer the
3		firearm to the respondent; and (iii) will store the firearm in
4		a manner that the respondent does not have access to or control
5		of the firearm.
6		(i) In accordance with subsection (e) of this Section, the
7		court shall schedule a full hearing as soon as possible, but no
8		longer than 14 days from the issuance of an ex parte firearms
9		restraining order, to determine if a 6-month firearms
10		restraining order shall be issued. The court may extend an ex
11		parte order as needed, but not to exceed 14 days, to effectuate
12		service of the order or if necessary to continue protection.
13		The court may extend the order for a greater length of time by
14		mutual agreement of the parties.
15		Section 40. Six month orders.
16		(a) A petitioner may request a 6-month firearms restraining
17		order by filing an affidavit or verified pleading alleging that
18		the respondent poses a significant danger of causing personal
19		injury to himself, herself, or another in the near future by
20		having in his or her custody or control, purchasing,
21		possessing, or receiving a firearm. The petition shall also
22		describe the number, types, and locations of any firearms
23		presently believed by the petitioner to be possessed or
24		controlled by the respondent.
25		(b) If the respondent is alleged to pose a significant

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1		danger of causing personal injury to an intimate partner, or an
2		intimate partner is alleged to have been the target of a threat
3		or act of violence by the respondent, petitioner shall make a
4		good faith effort to provide notice to any and all intimate
5		partners of the respondent. The notice must include that the
6		petitioner intends to petition the court for a 6-month firearms
7		restraining order, and, if petitioner is a law enforcement
8		officer, referral to relevant domestic violence or stalking
9		advocacy or counseling resources, if appropriate. Petitioner
10		shall attest to having provided the notice in the filed
11		affidavit or verified pleading. If after making a good faith
12		effort petitioner is unable to provide notice to any or all
13		intimate partners, the affidavit or verified pleading should
14		describe what efforts were made.
15		(c) Every person who files a petition for a 6-month
16		firearms restraining order, knowing the information provided
17		to the court at any hearing or in the affidavit or verified
18		pleading to be false, is guilty of perjury under Section 32-2
19		of the Criminal Code of 2012.
20		(d) Upon receipt of a petition for a 6-month firearms
21		restraining order, the court shall order a hearing within 30
22		days.
23		(e) In determining whether to issue a firearms restraining
24		order under this Section, the court shall consider evidence
25		including, but not limited to, the following:
26		(1) The unlawful and reckless use, display, or

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1		brandishing of a firearm by the respondent.
2		(2) The history of use, attempted use, or threatened
3		use of physical force by the respondent against another
4		person.
5		(3) Any prior arrest of the respondent for a felony
6		offense.
7		(4) Evidence of the abuse of controlled substances or
8		alcohol by the respondent.
9		(5) A recent threat of violence or act of violence by
10		the respondent directed toward himself, herself, or
11		another.
12		(6) A violation of an emergency order of protection
13		issued under Section 217 of the Illinois Domestic Violence
14		Act of 1986 or Section 112A-17 of the Code of Criminal
15		Procedure of 1963 or of an order of protection issued under
16		Section 214 of the Illinois Domestic Violence Act of 1986
17		or Section 112A-14 of the Code of Criminal Procedure of
18		1963.
19		(7) A pattern of violent acts or violent threats,
20		including, but not limited to, threats of violence or acts
21		of violence by the respondent directed toward himself,
22		herself, or another.
23		(f) At the hearing, the petitioner shall have the burden of
24		proving, by clear and convincing evidence, that the respondent
25		poses a significant danger of personal injury to himself,
26		herself, or another by having in his or her custody or control,

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1		purchasing, possessing, or receiving a firearm.
2		(g) If the court finds that there is clear and convincing
3		evidence to issue a firearms restraining order, the court shall
4		issue a firearms restraining order that shall be in effect for
5		6 months subject to renewal under Section 45 of this Act or
6		termination under that Section.
7		(g-5) If the court issues a 6-month firearms restraining
8		order, it shall, upon a finding of probable cause that the
9		respondent possesses firearms, issue a search warrant
10		directing a law enforcement agency to seize the respondent's
11		firearms. The court may, as part of that warrant, direct the
12		law enforcement agency to search the respondent's residence and
13		other places where the court finds there is probable cause to
14		believe he or she is likely to possess the firearms.
15		(h) A 6-month firearms restraining order shall require:
16		(1) the respondent to refrain from having in his or her
17		custody or control, purchasing, possessing or receiving
18		additional firearms for the duration of the order; and
19		(2) the respondent to turn over to the local law
20		enforcement agency any firearm or Firearm Owner's
21		Identification Card and concealed carry license in his or
22		her possession. The local law enforcement agency shall
23		immediately mail the card and concealed carry license to
24		the Department of State Police Firearm Services Bureau for
25		safekeeping. The firearm or firearms and Firearm Owner's
26		Identification Card and concealed carry license, if

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1		unexpired shall be returned to the respondent after the
2		firearms restraining order is terminated or expired.
3		(i) Except as otherwise provided in subsection (i-5) of
4		this Section, upon expiration of the period of safekeeping, if
5		the firearms or Firearm Owner's Identification Card cannot be
6		returned to respondent because respondent cannot be located,
7		fails to respond to requests to retrieve the firearms, or is
8		not lawfully eligible to possess a firearm, upon petition from
9		the local law enforcement agency, the court may order the local
10		law enforcement agency to destroy the firearms, use the
11		firearms for training purposes, or for any other application as
12		deemed appropriate by the local law enforcement agency.
13		(i-5) A respondent whose Firearm Owner's Identification
14		Card has been revoked or suspended may petition the court, if
15		the petitioner is present in court or has notice of the
16		respondent's petition, to transfer the respondent's firearm to
17		a person who is lawfully able to possess the firearm if the
18		person does not reside at the same address as the respondent.
19		Notice of the petition shall be served upon the person
20		protected by the emergency firearms restraining order. While
21		the order is in effect, the transferee who receives
22		respondent's firearms must swear or affirm by affidavit that he
23		or she shall not transfer the firearm to the respondent or to
24		any one residing in the same residence as the respondent.
25		(i-6) If a person other than the respondent claims title to
26		any firearms surrendered under this Section, he or she may

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1		petition the court, if the petitioner is present in court or
2		has notice of the petition, to have the firearm returned to him
3		or her. If the court determines that person to be the lawful
4		owner of the firearm, the firearm shall be returned to him or
5		her, provided that:
6		(1) the firearm is removed from the respondent's
7		custody, control, or possession and the lawful owner agrees
8		to store the firearm in a manner such that the respondent
9		does not have access to or control of the firearm; and
10		(2) the firearm is not otherwise unlawfully possessed
11		by the owner.
12		The person petitioning for the return of his or her firearm
13		must swear or affirm by affidavit that he or she: (i) is the
14		lawful owner of the firearm; (ii) shall not transfer the
15		firearm to the respondent; and (iii) will store the firearm in
16		a manner that the respondent does not have access to or control
17		of the firearm.
18		(j) If the court does not issue a firearms restraining
19		order at the hearing, the court shall dissolve any emergency
20		firearms restraining order then in effect.
21		(k) When the court issues a firearms restraining order
22		under this Section, the court shall inform the respondent that
23		he or she is entitled to one hearing during the period of the
24		order to request a termination of the order, under Section 45
25		of this Act, and shall provide the respondent with a form to
26		request a hearing.

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1		Section 45. Termination and renewal.
2		(a) A person subject to a firearms restraining order issued
3		under this Act may submit one written request at any time
4		during the effective period of the order for a hearing to
5		terminate the order.
6		(1) The respondent shall have the burden of proving by
7		a preponderance of the evidence that the respondent does
8		not pose a danger of causing personal injury to himself,
9		herself, or another in the near future by having in his or
10		her custody or control, purchasing, possessing, or
11		receiving a firearm.
12		(2) If the court finds after the hearing that the
13		respondent has met his or her burden, the court shall
14		terminate the order.
15		(b) A petitioner may request a renewal of a firearms
16		restraining order at any time within the 3 months before the
17		expiration of a firearms restraining order.
18		(1) A court shall, after notice and a hearing, renew a
19		firearms restraining order issued under this part if the
20		petitioner proves, by clear and convincing evidence, that
21		the respondent continues to pose a danger of causing
22		personal injury to himself, herself, or another in the near
23		future by having in his or her custody or control,
24		purchasing, possessing, or receiving a firearm.
25		(2) In determining whether to renew a firearms

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1		restraining order issued under this Act, the court shall
2		consider evidence of the facts identified in subsection (e)
3		of Section 40 of this Act and any other evidence of an
4		increased risk for violence.
5		(3) At the hearing, the petitioner shall have the
6		burden of proving, by clear and convincing evidence that
7		the respondent continues to pose a danger of causing
8		personal injury to himself, herself, or another in the near
9		future by having in his or her custody or control,
10		purchasing, possessing, or receiving a firearm.
11		(4) The renewal of a firearms restraining order issued
12		under this Section shall be in effect for 6 months, subject
13		to termination by further order of the court at a hearing
14		held under this Section and further renewal by further
15		order of the court under this Section.
16		Section 50. Notice of orders.
17		(a) Entry and issuance. Upon issuance of any firearms
18		restraining order, the clerk shall immediately, or on the next
19		court day if an emergency firearms restraining order is issued
20		in accordance with Section 35 of this Act (emergency firearms
21		restraining order), (i) enter the order on the record and file
22		it in accordance with the circuit court procedures and (ii)
23		provide a file stamped copy of the order to respondent, if
24		present, and to petitioner.
25		(b) Filing with sheriff. The clerk of the issuing judge

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1		shall, or the petitioner may, on the same day that a firearms
2		restraining order is issued, file a certified copy of that
3		order with the sheriff or other law enforcement officials
4		charged with maintaining Department of State Police records or
5		charged with serving the order upon respondent. If the order
6		was issued in accordance with Section 35 of this Act (emergency
7		firearms restraining order), the clerk shall on the next court
8		day, file a certified copy of the order with the sheriff or
9		other law enforcement officials charged with maintaining
10		Department of State Police records.
11		(c) Service by sheriff. Unless respondent was present in
12		court when the order was issued, the sheriff or other law
13		enforcement official shall promptly serve that order upon
14		respondent and file proof of the service, in the manner
15		provided for service of process in civil proceedings. Instead
16		of serving the order upon the respondent, however, the sheriff,
17		other law enforcement official, or other persons defined in
18		Section 112A-22.10 of the Criminal Code of 1963 may serve the
19		respondent with a short form notification as provided in that
20		Section. If process has not yet been served upon the
21		respondent, it shall be served with the order or short form
22		notification if the service is made by the sheriff, or other
23		law enforcement official.
24		(d) Any order renewing or terminating any firearms
25		restraining order shall be promptly recorded, issued, and
26		served as provided in this Section.

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1		Section 55. Data maintenance by law enforcement agencies.
2		(a) All sheriffs shall furnish to the Department of State
3		Police, daily, in the form and detail the Department requires,
4		copies of any recorded firearms restraining order issued by the
5		court, and any foreign orders of protection filed by the clerk
6		of the court, and transmitted to the sheriff by the clerk of
7		the court under Section 50. Each firearms restraining order
8		shall be entered in the Law Enforcement Agencies Data System
9		(LEADS) on the same day it is issued by the court. If an
10		emergency firearms restraining order was issued in accordance
11		with Section 35 of this Act, the order shall be entered in the
12		Law Enforcement Agencies Data System (LEADS) as soon as
13		possible after receipt from the clerk.
14		(b) The Department of State Police shall maintain a
15		complete and systematic record and index of all valid and
16		recorded firearms restraining orders issued or filed under this
17		Act. The data shall be used to inform all dispatchers and law
18		enforcement officers at the scene of a violation of firearms
19		restraining order of the effective dates and terms of any
20		recorded order of protection.
21		(c) The data, records and transmittals required under this
22		Section shall pertain to any valid emergency or 6-month
23		firearms restraining order, whether issued in a civil or
24		criminal proceeding or authorized under the laws of another
25		state, tribe, or United States territory.

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1		Section 60. Filing of a firearms restraining order issued
2		by another state.
3		(a) A person who has sought a firearms restraining order or
4		similar order issued by the court of another state, tribe, or
5		United States territory may file a certified copy of the
6		firearms restraining order with the clerk of the court in a
7		judicial circuit in which the person believes that enforcement
8		may be necessary.
9		(b) The clerk shall:
10		(1) treat the foreign firearms restraining order in the
11		same manner as a judgment of the circuit court for any
12		county of this State in accordance with the provisions of
13		the Uniform Enforcement of Foreign Judgments Act, except
14		that the clerk shall not mail notice of the filing of the
15		foreign order to the respondent named in the order; and
16		(2) on the same day that a foreign firearms restraining
17		order is filed, file a certified copy of that order with
18		the sheriff or other law enforcement officials charged with
19		maintaining Department of State Police records as set forth
20		in Section 55 of this Act.
21		(c) Neither residence in this State nor filing of a foreign
22		firearms restraining order shall be required for enforcement of
23		the order by this State. Failure to file the foreign order
24		shall not be an impediment to its treatment in all respects as
25		an Illinois firearms restraining order.

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1		(d) The clerk shall not charge a fee to file a foreign
2		order of protection under this Section.
3		Section 65. Enforcement; sanctions for violation of order.
4		A respondent who knowingly violates a firearms restraining
5		order is guilty of a Class A misdemeanor. Prosecution for a
6		violation of a firearms restraining order shall not bar
7		concurrent prosecution for any other crime, including any crime
8		that may have been committed at the time of the violation of
9		the firearms restraining order.
10		Section 70. Non-preclusion of remedies. Nothing in this Act
11		shall preclude a petitioner or law-enforcement officer from
12		removing weapons under other authority, or filing criminal
13		charges when probable cause exists.
14		Section 75. Limited law enforcement liability. Any act of
15		omission or commission by any law enforcement officer acting in
16		good faith in rendering emergency assistance or otherwise
17		enforcing this Act shall not impose civil liability upon the
18		law enforcement officer or his or her supervisor or employer,
19		unless the act is a result of willful or wanton misconduct.
20		Section 80. Expungement or sealing of order. If the court
21		denies issuance of a firearms restraining order against the
22		respondent, all records of the proceeding shall be immediately

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1		expunged from the court records. If the firearms restraining
2		order is granted, all records of the proceeding shall, 3 years
3		after the expiration of the order, be sealed.
4		Section 135. The Firearm Owners Identification Card Act is
5		amended by changing Section 8.2 and adding Section 8.3 as
6		follows:
7		(430 ILCS 65/8.2)
8		Sec. 8.2. Firearm Owner's Identification Card denial or
9		revocation. The Department of State Police shall deny an
10		application or shall revoke and seize a Firearm Owner's
11		Identification Card previously issued under this Act if the
12		Department finds that the applicant or person to whom such card
13		was issued is or was at the time of issuance subject to an
14		existing order of protection or firearms restraining order.
15		(Source: P.A. 96-701, eff. 1-1-10.)
16		(430 ILCS 65/8.3 new)
17		Sec. 8.3. Suspension of Firearm Owner's Identification
18		Card. The Department of State Police may, by rule in a manner
19		consistent with the Department's rules concerning revocation,
20		provide for the suspension of the Firearm Owner's
21		Identification Card of a person whose Firearm Owner's
22		Identification Card is subject to revocation and seizure under
23		this Act for the duration of the disqualification if the

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1		disqualification is not a permanent grounds for revocation of a
2		Firearm Owner's Identification Card under this Act.
3		Section 140. The Firearm Concealed Carry Act is amended by
4		changing Section 70 as follows:
5		(430 ILCS 66/70)
6		Sec. 70. Violations.
7		(a) A license issued or renewed under this Act shall be
8		revoked if, at any time, the licensee is found to be ineligible
9		for a license under this Act or the licensee no longer meets
10		the eligibility requirements of the Firearm Owners
11		Identification Card Act.
12		(b) A license shall be suspended if an order of protection,
13		including an emergency order of protection, plenary order of
14		protection, or interim order of protection under Article 112A
15		of the Code of Criminal Procedure of 1963 or under the Illinois
16		Domestic Violence Act of 1986, or if a firearms restraining
17		order, including an emergency firearms restraining order,
18		under the Firearms Restraining Order Act, is issued against a
19		licensee for the duration of the order, or if the Department is
20		made aware of a similar order issued against the licensee in
21		any other jurisdiction. If an order of protection is issued
22		against a licensee, the licensee shall surrender the license,
23		as applicable, to the court at the time the order is entered or
24		to the law enforcement agency or entity serving process at the

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1		time the licensee is served the order. The court, law
2		enforcement agency, or entity responsible for serving the order
3		of protection shall notify the Department within 7 days and
4		transmit the license to the Department.
5		(c) A license is invalid upon expiration of the license,
6		unless the licensee has submitted an application to renew the
7		license, and the applicant is otherwise eligible to possess a
8		license under this Act.
9		(d) A licensee shall not carry a concealed firearm while
10		under the influence of alcohol, other drug or drugs,
11		intoxicating compound or combination of compounds, or any
12		combination thereof, under the standards set forth in
13		subsection (a) of Section 11-501 of the Illinois Vehicle Code.
14		A licensee in violation of this subsection (d) shall be
15		guilty of a Class A misdemeanor for a first or second violation
16		and a Class 4 felony for a third violation. The Department may
17		suspend a license for up to 6 months for a second violation and
18		shall permanently revoke a license for a third violation.
19		(e) Except as otherwise provided, a licensee in violation
20		of this Act shall be guilty of a Class B misdemeanor. A second
21		or subsequent violation is a Class A misdemeanor. The
22		Department may suspend a license for up to 6 months for a
23		second violation and shall permanently revoke a license for 3
24		or more violations of Section 65 of this Act. Any person
25		convicted of a violation under this Section shall pay a $150
26		fee to be deposited into the Mental Health Reporting Fund, plus

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1		any applicable court costs or fees.
2		(f) A licensee convicted or found guilty of a violation of
3		this Act who has a valid license and is otherwise eligible to
4		carry a concealed firearm shall only be subject to the
5		penalties under this Section and shall not be subject to the
6		penalties under Section 21-6, paragraph (4), (8), or (10) of
7		subsection (a) of Section 24-1, or subparagraph (A-5) or (B-5)
8		of paragraph (3) of subsection (a) of Section 24-1.6 of the
9		Criminal Code of 2012. Except as otherwise provided in this
10		subsection, nothing in this subsection prohibits the licensee
11		from being subjected to penalties for violations other than
12		those specified in this Act.
13		(g) A licensee whose license is revoked, suspended, or
14		denied shall, within 48 hours of receiving notice of the
15		revocation, suspension, or denial, surrender his or her
16		concealed carry license to the local law enforcement agency
17		where the person resides. The local law enforcement agency
18		shall provide the licensee a receipt and transmit the concealed
19		carry license to the Department of State Police. If the
20		licensee whose concealed carry license has been revoked,
21		suspended, or denied fails to comply with the requirements of
22		this subsection, the law enforcement agency where the person
23		resides may petition the circuit court to issue a warrant to
24		search for and seize the concealed carry license in the
25		possession and under the custody or control of the licensee
26		whose concealed carry license has been revoked, suspended, or

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1		denied. The observation of a concealed carry license in the
2		possession of a person whose license has been revoked,
3		suspended, or denied constitutes a sufficient basis for the
4		arrest of that person for violation of this subsection. A
5		violation of this subsection is a Class A misdemeanor.
6		(h) A license issued or renewed under this Act shall be
7		revoked if, at any time, the licensee is found ineligible for a
8		Firearm Owner's Identification Card, or the licensee no longer
9		possesses a valid Firearm Owner's Identification Card. A
10		licensee whose license is revoked under this subsection (h)
11		shall surrender his or her concealed carry license as provided
12		for in subsection (g) of this Section.
13		This subsection shall not apply to a person who has filed
14		an application with the State Police for renewal of a Firearm
15		Owner's Identification Card and who is not otherwise ineligible
16		to obtain a Firearm Owner's Identification Card.
17		(i) A certified firearms instructor who knowingly provides
18		or offers to provide a false certification that an applicant
19		has completed firearms training as required under this Act is
20		guilty of a Class A misdemeanor. A person guilty of a violation
21		of this subsection (i) is not eligible for court supervision.
22		The Department shall permanently revoke the firearms
23		instructor certification of a person convicted under this
24		subsection (i).
25		(Source: P.A. 98-63, eff. 7-9-13; 98-756, eff. 7-16-14; 98-899,
26		eff. 8-15-14.)