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| 1 | AN ACT concerning safety.
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| 2 | Be it enacted by the People of the State of Illinois,
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| 3 | represented in the General Assembly:
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| 4 | Section 5. The Firearm Owners Identification Card Act is | |||||||||||||||||||
| 5 | amended by changing Section 10 as follows:
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| 6 | (430 ILCS 65/10) (from Ch. 38, par. 83-10)
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| 7 | Sec. 10. Appeal to director; hearing; relief from firearm | |||||||||||||||||||
| 8 | prohibitions. | |||||||||||||||||||
| 9 | (a) Whenever an application for a Firearm Owner's | |||||||||||||||||||
| 10 | Identification
Card is denied, whenever the Department fails to | |||||||||||||||||||
| 11 | act on an application
within 30 days of its receipt, or | |||||||||||||||||||
| 12 | whenever such a Card is revoked or seized
as provided for in | |||||||||||||||||||
| 13 | Section 8 of this Act, the aggrieved party may
appeal
to the | |||||||||||||||||||
| 14 | Director of State Police for a hearing upon
such denial, | |||||||||||||||||||
| 15 | revocation or seizure, unless the denial, revocation, or | |||||||||||||||||||
| 16 | seizure
was based upon a forcible felony, stalking, aggravated | |||||||||||||||||||
| 17 | stalking, domestic
battery, any misdemeanor crime of domestic | |||||||||||||||||||
| 18 | violence as defined in 18 U.S.C. 921(a)(33), any violation of | |||||||||||||||||||
| 19 | the Illinois Controlled Substances Act, the Methamphetamine | |||||||||||||||||||
| 20 | Control and Community Protection Act, or the
Cannabis Control | |||||||||||||||||||
| 21 | Act that is classified as a Class 2 or greater felony,
any
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| 22 | felony violation of Article 24 of the Criminal Code of 1961 or | |||||||||||||||||||
| 23 | the Criminal Code of 2012, or any
adjudication as a delinquent | |||||||||||||||||||
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| 1 | minor for the commission of an
offense that if committed by an | ||||||
| 2 | adult would be a felony, in which case the
aggrieved party may | ||||||
| 3 | petition the circuit court in writing in the county of
his or | ||||||
| 4 | her residence for a hearing upon such denial, revocation, or | ||||||
| 5 | seizure.
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| 6 | (b) At least 30 days before any hearing in the circuit | ||||||
| 7 | court, the
petitioner shall serve the
relevant State's Attorney | ||||||
| 8 | with a copy of the petition. The State's Attorney
may object to | ||||||
| 9 | the petition and present evidence. At the hearing the court
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| 10 | shall
determine whether substantial justice has been done. | ||||||
| 11 | Should the court
determine that substantial justice has not | ||||||
| 12 | been done, the court shall issue an
order directing the | ||||||
| 13 | Department of State Police to issue a Card. However, the court | ||||||
| 14 | shall not issue the order if the petitioner is otherwise | ||||||
| 15 | prohibited from obtaining, possessing, or using a firearm under
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| 16 | federal law.
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| 17 | (c) Any person prohibited from possessing a firearm under | ||||||
| 18 | Sections 24-1.1
or 24-3.1 of the Criminal Code of 2012 or | ||||||
| 19 | acquiring a Firearm Owner's
Identification Card under Section 8 | ||||||
| 20 | of this Act may apply to
the Director
of State Police
or | ||||||
| 21 | petition the circuit court in the county where the petitioner | ||||||
| 22 | resides,
whichever is applicable in accordance with subsection | ||||||
| 23 | (a) of this Section,
requesting relief
from such prohibition | ||||||
| 24 | and the Director or court may grant such relief if it
is
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| 25 | established by the applicant to the court's or Director's | ||||||
| 26 | satisfaction
that:
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| 1 | (0.05) when in the circuit court, the State's Attorney | ||||||
| 2 | has been served
with a written
copy of the
petition at | ||||||
| 3 | least 30 days before any such hearing in the circuit court | ||||||
| 4 | and at
the hearing the
State's Attorney was afforded an | ||||||
| 5 | opportunity to present evidence and object to
the petition;
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| 6 | (1) the applicant has not been convicted of a forcible | ||||||
| 7 | felony under the
laws of this State or any other | ||||||
| 8 | jurisdiction within 20 years of the
applicant's | ||||||
| 9 | application for a Firearm Owner's Identification Card, or | ||||||
| 10 | at
least 20 years have passed since the end of any period | ||||||
| 11 | of imprisonment
imposed in relation to that conviction;
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| 12 | (2) the circumstances regarding a criminal conviction, | ||||||
| 13 | where applicable,
the applicant's criminal history and his | ||||||
| 14 | reputation are such that the applicant
will not be likely | ||||||
| 15 | to act in a manner dangerous to public safety;
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| 16 | (3) granting relief would not be contrary to the public | ||||||
| 17 | interest; and | ||||||
| 18 | (4) granting relief would not be contrary to federal | ||||||
| 19 | law.
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| 20 | (c-5) (1) An active law enforcement officer employed by a | ||||||
| 21 | unit of government, who is denied, revoked, or has his or her | ||||||
| 22 | Firearm Owner's Identification Card seized under subsection | ||||||
| 23 | (e) of Section 8 of this Act may apply to the Director of State | ||||||
| 24 | Police requesting relief if the officer did not act in a manner | ||||||
| 25 | threatening to the officer, another person, or the public as | ||||||
| 26 | determined by the treating clinical psychologist or physician, | ||||||
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| 1 | and as a result of his or her work is referred by the employer | ||||||
| 2 | for or voluntarily seeks mental health evaluation or treatment | ||||||
| 3 | by a licensed clinical psychologist, psychiatrist, or | ||||||
| 4 | qualified examiner, and: | ||||||
| 5 | (A) the officer has not received treatment | ||||||
| 6 | involuntarily at a mental health facility, regardless of | ||||||
| 7 | the length of admission; or has not been voluntarily | ||||||
| 8 | admitted to a mental health facility for more than 30 days | ||||||
| 9 | and not for more than one incident within the past 5 years; | ||||||
| 10 | and | ||||||
| 11 | (B) the officer has not left the mental institution | ||||||
| 12 | against medical advice. | ||||||
| 13 | (2) The Director of State Police shall grant expedited | ||||||
| 14 | relief to active law enforcement officers described in | ||||||
| 15 | paragraph (1) of this subsection (c-5) upon a determination by | ||||||
| 16 | the Director that the officer's possession of a firearm does | ||||||
| 17 | not present a threat to themselves, others, or public safety. | ||||||
| 18 | The Director shall act on the request for relief within 30 | ||||||
| 19 | business days of receipt of: | ||||||
| 20 | (A) a notarized statement from the officer in the form | ||||||
| 21 | prescribed by the Director detailing the circumstances | ||||||
| 22 | 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 | Director from the treating licensed clinical psychologist | ||||||
| 5 | or 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 eligible for the expedited relief in paragraph | ||||||
| 11 | (2) of this subsection (c-5) have the burden of proof on | ||||||
| 12 | eligibility and must provide all information required. The | ||||||
| 13 | Director may not consider granting expedited relief until the | ||||||
| 14 | proof and information is received. | ||||||
| 15 | (4) "Clinical psychologist", "psychiatrist", and | ||||||
| 16 | "qualified examiner" shall have the same meaning as provided in | ||||||
| 17 | Chapter I 1 of the Mental Health and Developmental Disabilities | ||||||
| 18 | Code. | ||||||
| 19 | (d) When a minor is adjudicated delinquent for an offense | ||||||
| 20 | which if
committed by an adult would be a felony, the court | ||||||
| 21 | shall notify the Department
of State Police.
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| 22 | (e) The court shall review the denial of an application or | ||||||
| 23 | the revocation of
a Firearm Owner's Identification Card of a | ||||||
| 24 | person who has been adjudicated
delinquent for an offense that | ||||||
| 25 | if
committed by an adult would be a felony if an
application | ||||||
| 26 | for relief has been filed at least 10 years after the | ||||||
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| 1 | adjudication
of delinquency and the court determines that the | ||||||
| 2 | applicant should be
granted relief from disability to obtain a | ||||||
| 3 | Firearm Owner's Identification Card.
If the court grants | ||||||
| 4 | relief, the court shall notify the Department of State
Police | ||||||
| 5 | that the disability has
been removed and that the applicant is | ||||||
| 6 | eligible to obtain a Firearm Owner's
Identification Card.
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| 7 | (f) Any person who is subject to the disabilities of 18 | ||||||
| 8 | U.S.C. 922(d)(4) and 922(g)(4) of the federal Gun Control Act | ||||||
| 9 | of 1968 because of an adjudication or commitment that occurred | ||||||
| 10 | under the laws of this State or who was determined to be | ||||||
| 11 | subject to the provisions of subsections (e), (f), or (g) of | ||||||
| 12 | Section 8 of this Act may apply to the Department of State | ||||||
| 13 | Police requesting relief from that prohibition. The Director | ||||||
| 14 | shall grant the relief if it is established by a preponderance | ||||||
| 15 | of the evidence that the person will not be likely to act in a | ||||||
| 16 | manner dangerous to public safety and that granting relief | ||||||
| 17 | would not be contrary to the public interest. In making this | ||||||
| 18 | determination, the Director shall receive evidence concerning | ||||||
| 19 | (i) the circumstances regarding the firearms disabilities from | ||||||
| 20 | which relief is sought; (ii) the petitioner's mental health and | ||||||
| 21 | criminal history records, if any; (iii) the petitioner's | ||||||
| 22 | reputation, developed at a minimum through character witness | ||||||
| 23 | statements, testimony, or other character evidence; and (iv) | ||||||
| 24 | changes in the petitioner's condition or circumstances since | ||||||
| 25 | the disqualifying events relevant to the relief sought. If | ||||||
| 26 | relief is granted under this subsection or by order of a court | ||||||
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| 1 | under this Section, the Director shall as soon as practicable | ||||||
| 2 | but in no case later than 15 business days, update, correct, | ||||||
| 3 | modify, or remove the person's record in any database that the | ||||||
| 4 | Department of State Police makes available to the National | ||||||
| 5 | Instant Criminal Background Check System and notify the United | ||||||
| 6 | States Attorney General that the basis for the record being | ||||||
| 7 | made available no longer applies. The Department of State | ||||||
| 8 | Police shall adopt rules for the administration of this | ||||||
| 9 | Section. | ||||||
| 10 | (Source: P.A. 97-1131, eff. 1-1-13; 97-1150, eff. 1-25-13; | ||||||
| 11 | 97-1167, eff. 6-1-13; 98-63, eff. 7-9-13; revised 12-10-14.)
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