Illinois 2023-2024 Regular Session

Illinois House Bill HB4260 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4260 Introduced , by Rep. Amy Elik SYNOPSIS AS INTRODUCED: 430 ILCS 65/8 from Ch. 38, par. 83-8430 ILCS 65/10 from Ch. 38, par. 83-10430 ILCS 65/13.2 from Ch. 38, par. 83-13.2430 ILCS 66/60 Amends the Firearm Owners Identification Card Act. Provides that, if the Illinois State Police denies an application for or revokes and seizes a Firearm Owner's Identification Card because an individual has been a patient of a mental health facility, the notice to the applicant or card holder of denial of an application for or revocation of the person's Firearm Owner's Identification Card shall include the date or dates of admission of the person to the mental health facility and the name of the facility. Provides that, if the Firearm Owner's Identification Card Review Board does not, within 90 days of the filing of the applicant's appeal of a denial of a Firearm Owner's Identification Card or revocation of a Firearm Owner's Identification Card, render a decision on the appeal, the failure to render a decision shall constitute a rejection of the appeal, and the applicant or card holder may appeal to the circuit court for relief. Provides that the cost for replacement of a combined Firearm Owner's Identification Card and concealed carry license is $5 if the person has changed his or her address. Amends the Firearm Concealed Carry Act to make conforming changes. LRB103 34591 RLC 64429 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4260 Introduced , by Rep. Amy Elik SYNOPSIS AS INTRODUCED: 430 ILCS 65/8 from Ch. 38, par. 83-8430 ILCS 65/10 from Ch. 38, par. 83-10430 ILCS 65/13.2 from Ch. 38, par. 83-13.2430 ILCS 66/60 430 ILCS 65/8 from Ch. 38, par. 83-8 430 ILCS 65/10 from Ch. 38, par. 83-10 430 ILCS 65/13.2 from Ch. 38, par. 83-13.2 430 ILCS 66/60 Amends the Firearm Owners Identification Card Act. Provides that, if the Illinois State Police denies an application for or revokes and seizes a Firearm Owner's Identification Card because an individual has been a patient of a mental health facility, the notice to the applicant or card holder of denial of an application for or revocation of the person's Firearm Owner's Identification Card shall include the date or dates of admission of the person to the mental health facility and the name of the facility. Provides that, if the Firearm Owner's Identification Card Review Board does not, within 90 days of the filing of the applicant's appeal of a denial of a Firearm Owner's Identification Card or revocation of a Firearm Owner's Identification Card, render a decision on the appeal, the failure to render a decision shall constitute a rejection of the appeal, and the applicant or card holder may appeal to the circuit court for relief. Provides that the cost for replacement of a combined Firearm Owner's Identification Card and concealed carry license is $5 if the person has changed his or her address. Amends the Firearm Concealed Carry Act to make conforming changes. LRB103 34591 RLC 64429 b LRB103 34591 RLC 64429 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4260 Introduced , by Rep. Amy Elik SYNOPSIS AS INTRODUCED:
3	3	430 ILCS 65/8 from Ch. 38, par. 83-8430 ILCS 65/10 from Ch. 38, par. 83-10430 ILCS 65/13.2 from Ch. 38, par. 83-13.2430 ILCS 66/60 430 ILCS 65/8 from Ch. 38, par. 83-8 430 ILCS 65/10 from Ch. 38, par. 83-10 430 ILCS 65/13.2 from Ch. 38, par. 83-13.2 430 ILCS 66/60
4	4	430 ILCS 65/8 from Ch. 38, par. 83-8
5	5	430 ILCS 65/10 from Ch. 38, par. 83-10
6	6	430 ILCS 65/13.2 from Ch. 38, par. 83-13.2
7	7	430 ILCS 66/60
8	8	Amends the Firearm Owners Identification Card Act. Provides that, if the Illinois State Police denies an application for or revokes and seizes a Firearm Owner's Identification Card because an individual has been a patient of a mental health facility, the notice to the applicant or card holder of denial of an application for or revocation of the person's Firearm Owner's Identification Card shall include the date or dates of admission of the person to the mental health facility and the name of the facility. Provides that, if the Firearm Owner's Identification Card Review Board does not, within 90 days of the filing of the applicant's appeal of a denial of a Firearm Owner's Identification Card or revocation of a Firearm Owner's Identification Card, render a decision on the appeal, the failure to render a decision shall constitute a rejection of the appeal, and the applicant or card holder may appeal to the circuit court for relief. Provides that the cost for replacement of a combined Firearm Owner's Identification Card and concealed carry license is $5 if the person has changed his or her address. Amends the Firearm Concealed Carry Act to make conforming changes.
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13	13	HB4260 LRB103 34591 RLC 64429 b
14	14	1 AN ACT concerning safety.
15	15	2 Be it enacted by the People of the State of Illinois,
16	16	3 represented in the General Assembly:
17	17	4 Section 5. The Firearm Owners Identification Card Act is
18	18	5 amended by changing Sections 8, 10, and 13.2 as follows:
19	19	6 (430 ILCS 65/8) (from Ch. 38, par. 83-8)
20	20	7 Sec. 8. Grounds for denial and revocation. The Illinois
21	21	8 State Police has authority to deny an application for or to
22	22	9 revoke and seize a Firearm Owner's Identification Card
23	23	10 previously issued under this Act only if the Illinois State
24	24	11 Police finds that the applicant or the person to whom such card
25	25	12 was issued is or was at the time of issuance:
26	26	13 (a) A person under 21 years of age who has been
27	27	14 convicted of a misdemeanor other than a traffic offense or
28	28	15 adjudged delinquent;
29	29	16 (b) This subsection (b) applies through the 180th day
30	30	17 following July 12, 2019 (the effective date of Public Act
31	31	18 101-80). A person under 21 years of age who does not have
32	32	19 the written consent of his parent or guardian to acquire
33	33	20 and possess firearms and firearm ammunition, or whose
34	34	21 parent or guardian has revoked such written consent, or
35	35	22 where such parent or guardian does not qualify to have a
36	36	23 Firearm Owner's Identification Card;
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40	40	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4260 Introduced , by Rep. Amy Elik SYNOPSIS AS INTRODUCED:
41	41	430 ILCS 65/8 from Ch. 38, par. 83-8430 ILCS 65/10 from Ch. 38, par. 83-10430 ILCS 65/13.2 from Ch. 38, par. 83-13.2430 ILCS 66/60 430 ILCS 65/8 from Ch. 38, par. 83-8 430 ILCS 65/10 from Ch. 38, par. 83-10 430 ILCS 65/13.2 from Ch. 38, par. 83-13.2 430 ILCS 66/60
42	42	430 ILCS 65/8 from Ch. 38, par. 83-8
43	43	430 ILCS 65/10 from Ch. 38, par. 83-10
44	44	430 ILCS 65/13.2 from Ch. 38, par. 83-13.2
45	45	430 ILCS 66/60
46	46	Amends the Firearm Owners Identification Card Act. Provides that, if the Illinois State Police denies an application for or revokes and seizes a Firearm Owner's Identification Card because an individual has been a patient of a mental health facility, the notice to the applicant or card holder of denial of an application for or revocation of the person's Firearm Owner's Identification Card shall include the date or dates of admission of the person to the mental health facility and the name of the facility. Provides that, if the Firearm Owner's Identification Card Review Board does not, within 90 days of the filing of the applicant's appeal of a denial of a Firearm Owner's Identification Card or revocation of a Firearm Owner's Identification Card, render a decision on the appeal, the failure to render a decision shall constitute a rejection of the appeal, and the applicant or card holder may appeal to the circuit court for relief. Provides that the cost for replacement of a combined Firearm Owner's Identification Card and concealed carry license is $5 if the person has changed his or her address. Amends the Firearm Concealed Carry Act to make conforming changes.
47	47	LRB103 34591 RLC 64429 b LRB103 34591 RLC 64429 b
48	48	LRB103 34591 RLC 64429 b
49	49	A BILL FOR
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55	55	430 ILCS 65/8 from Ch. 38, par. 83-8
56	56	430 ILCS 65/10 from Ch. 38, par. 83-10
57	57	430 ILCS 65/13.2 from Ch. 38, par. 83-13.2
58	58	430 ILCS 66/60
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77	77	1 (b-5) This subsection (b-5) applies on and after the
78	78	2 181st day following July 12, 2019 (the effective date of
79	79	3 Public Act 101-80). A person under 21 years of age who is
80	80	4 not an active duty member of the United States Armed
81	81	5 Forces or the Illinois National Guard and does not have
82	82	6 the written consent of his or her parent or guardian to
83	83	7 acquire and possess firearms and firearm ammunition, or
84	84	8 whose parent or guardian has revoked such written consent,
85	85	9 or where such parent or guardian does not qualify to have a
86	86	10 Firearm Owner's Identification Card;
87	87	11 (c) A person convicted of a felony under the laws of
88	88	12 this or any other jurisdiction;
89	89	13 (d) A person addicted to narcotics;
90	90	14 (e) A person who has been a patient of a mental health
91	91	15 facility within the past 5 years or a person who has been a
92	92	16 patient in a mental health facility more than 5 years ago
93	93	17 who has not received the certification required under
94	94	18 subsection (u) of this Section. An active law enforcement
95	95	19 officer employed by a unit of government or a Department
96	96	20 of Corrections employee authorized to possess firearms who
97	97	21 is denied, revoked, or has his or her Firearm Owner's
98	98	22 Identification Card seized under this subsection (e) may
99	99	23 obtain relief as described in subsection (c-5) of Section
100	100	24 10 of this Act if the officer or employee did not act in a
101	101	25 manner threatening to the officer or employee, another
102	102	26 person, or the public as determined by the treating
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113	113	1 clinical psychologist or physician, and the officer or
114	114	2 employee seeks mental health treatment. If the Illinois
115	115	3 State Police denies an application for or revokes and
116	116	4 seizes a Firearm Owner's Identification Card under this
117	117	5 subsection (e), the notice to the applicant or card holder
118	118	6 of denial of an application for or revocation of the
119	119	7 person's Firearm Owner's Identification Card shall include
120	120	8 the date or dates of admission of the person to the mental
121	121	9 health facility and the name of the facility;
122	122	10 (f) A person whose mental condition is of such a
123	123	11 nature that it poses a clear and present danger to the
124	124	12 applicant, any other person or persons, or the community;
125	125	13 (g) A person who has an intellectual disability;
126	126	14 (h) A person who intentionally makes a false statement
127	127	15 in the Firearm Owner's Identification Card application or
128	128	16 endorsement affidavit;
129	129	17 (i) A noncitizen who is unlawfully present in the
130	130	18 United States under the laws of the United States;
131	131	19 (i-5) A noncitizen who has been admitted to the United
132	132	20 States under a non-immigrant visa (as that term is defined
133	133	21 in Section 101(a)(26) of the Immigration and Nationality
134	134	22 Act (8 U.S.C. 1101(a)(26))), except that this subsection
135	135	23 (i-5) does not apply to any noncitizen who has been
136	136	24 lawfully admitted to the United States under a
137	137	25 non-immigrant visa if that noncitizen is:
138	138	26 (1) admitted to the United States for lawful
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149	149	1 hunting or sporting purposes;
150	150	2 (2) an official representative of a foreign
151	151	3 government who is:
152	152	4 (A) accredited to the United States Government
153	153	5 or the Government's mission to an international
154	154	6 organization having its headquarters in the United
155	155	7 States; or
156	156	8 (B) en route to or from another country to
157	157	9 which that noncitizen is accredited;
158	158	10 (3) an official of a foreign government or
159	159	11 distinguished foreign visitor who has been so
160	160	12 designated by the Department of State;
161	161	13 (4) a foreign law enforcement officer of a
162	162	14 friendly foreign government entering the United States
163	163	15 on official business; or
164	164	16 (5) one who has received a waiver from the
165	165	17 Attorney General of the United States pursuant to 18
166	166	18 U.S.C. 922(y)(3);
167	167	19 (j) (Blank);
168	168	20 (k) A person who has been convicted within the past 5
169	169	21 years of battery, assault, aggravated assault, violation
170	170	22 of an order of protection, or a substantially similar
171	171	23 offense in another jurisdiction, in which a firearm was
172	172	24 used or possessed;
173	173	25 (l) A person who has been convicted of domestic
174	174	26 battery, aggravated domestic battery, or a substantially
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185	185	1 similar offense in another jurisdiction committed before,
186	186	2 on or after January 1, 2012 (the effective date of Public
187	187	3 Act 97-158). If the applicant or person who has been
188	188	4 previously issued a Firearm Owner's Identification Card
189	189	5 under this Act knowingly and intelligently waives the
190	190	6 right to have an offense described in this paragraph (l)
191	191	7 tried by a jury, and by guilty plea or otherwise, results
192	192	8 in a conviction for an offense in which a domestic
193	193	9 relationship is not a required element of the offense but
194	194	10 in which a determination of the applicability of 18 U.S.C.
195	195	11 922(g)(9) is made under Section 112A-11.1 of the Code of
196	196	12 Criminal Procedure of 1963, an entry by the court of a
197	197	13 judgment of conviction for that offense shall be grounds
198	198	14 for denying an application for and for revoking and
199	199	15 seizing a Firearm Owner's Identification Card previously
200	200	16 issued to the person under this Act;
201	201	17 (m) (Blank);
202	202	18 (n) A person who is prohibited from acquiring or
203	203	19 possessing firearms or firearm ammunition by any Illinois
204	204	20 State statute or by federal law;
205	205	21 (o) A minor subject to a petition filed under Section
206	206	22 5-520 of the Juvenile Court Act of 1987 alleging that the
207	207	23 minor is a delinquent minor for the commission of an
208	208	24 offense that if committed by an adult would be a felony;
209	209	25 (p) An adult who had been adjudicated a delinquent
210	210	26 minor under the Juvenile Court Act of 1987 for the
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221	221	1 commission of an offense that if committed by an adult
222	222	2 would be a felony;
223	223	3 (q) A person who is not a resident of the State of
224	224	4 Illinois, except as provided in subsection (a-10) of
225	225	5 Section 4;
226	226	6 (r) A person who has been adjudicated as a person with
227	227	7 a mental disability;
228	228	8 (s) A person who has been found to have a
229	229	9 developmental disability;
230	230	10 (t) A person involuntarily admitted into a mental
231	231	11 health facility; or
232	232	12 (u) A person who has had his or her Firearm Owner's
233	233	13 Identification Card revoked or denied under subsection (e)
234	234	14 of this Section or item (iv) of paragraph (2) of
235	235	15 subsection (a) of Section 4 of this Act because he or she
236	236	16 was a patient in a mental health facility as provided in
237	237	17 subsection (e) of this Section, shall not be permitted to
238	238	18 obtain a Firearm Owner's Identification Card, after the
239	239	19 5-year period has lapsed, unless he or she has received a
240	240	20 mental health evaluation by a physician, clinical
241	241	21 psychologist, or qualified examiner as those terms are
242	242	22 defined in the Mental Health and Developmental
243	243	23 Disabilities Code, and has received a certification that
244	244	24 he or she is not a clear and present danger to himself,
245	245	25 herself, or others. The physician, clinical psychologist,
246	246	26 or qualified examiner making the certification and his or
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257	257	1 her employer shall not be held criminally, civilly, or
258	258	2 professionally liable for making or not making the
259	259	3 certification required under this subsection, except for
260	260	4 willful or wanton misconduct. This subsection does not
261	261	5 apply to a person whose firearm possession rights have
262	262	6 been restored through administrative or judicial action
263	263	7 under Section 10 or 11 of this Act.
264	264	8 Upon revocation of a person's Firearm Owner's
265	265	9 Identification Card, the Illinois State Police shall provide
266	266	10 notice to the person and the person shall comply with Section
267	267	11 9.5 of this Act.
268	268	12 (Source: P.A. 101-80, eff. 7-12-19; 102-538, eff. 8-20-21;
269	269	13 102-645, eff. 1-1-22; 102-813, eff. 5-13-22; 102-1030, eff.
270	270	14 5-27-22; 102-1116, eff. 1-10-23.)
271	271	15 (430 ILCS 65/10) (from Ch. 38, par. 83-10)
272	272	16 Sec. 10. Appeals; hearing; relief from firearm
273	273	17 prohibitions.
274	274	18 (a) Whenever an application for a Firearm Owner's
275	275	19 Identification Card is denied or whenever such a Card is
276	276	20 revoked or seized as provided for in Section 8 of this Act, the
277	277	21 aggrieved party may (1) file a record challenge with the
278	278	22 Director regarding the record upon which the decision to deny
279	279	23 or revoke the Firearm Owner's Identification Card was based
280	280	24 under subsection (a-5); or (2) appeal to the Director of the
281	281	25 Illinois State Police through December 31, 2022, or beginning
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292	292	1 January 1, 2023, the Firearm Owner's Identification Card
293	293	2 Review Board for a hearing seeking relief from such denial or
294	294	3 revocation unless the denial or revocation was based upon a
295	295	4 forcible felony, stalking, aggravated stalking, domestic
296	296	5 battery, any violation of the Illinois Controlled Substances
297	297	6 Act, the Methamphetamine Control and Community Protection Act,
298	298	7 or the Cannabis Control Act that is classified as a Class 2 or
299	299	8 greater felony, any felony violation of Article 24 of the
300	300	9 Criminal Code of 1961 or the Criminal Code of 2012, or any
301	301	10 adjudication as a delinquent minor for the commission of an
302	302	11 offense that if committed by an adult would be a felony, in
303	303	12 which case the aggrieved party may petition the circuit court
304	304	13 in writing in the county of his or her residence for a hearing
305	305	14 seeking relief from such denial or revocation.
306	306	15 (a-5) There is created a Firearm Owner's Identification
307	307	16 Card Review Board to consider any appeal under subsection (a)
308	308	17 beginning January 1, 2023, other than an appeal directed to
309	309	18 the circuit court and except when the applicant is challenging
310	310	19 the record upon which the decision to deny or revoke was based
311	311	20 as provided in subsection (a-10).
312	312	21 (0.05) In furtherance of the policy of this Act that
313	313	22 the Board shall exercise its powers and duties in an
314	314	23 independent manner, subject to the provisions of this Act
315	315	24 but free from the direction, control, or influence of any
316	316	25 other agency or department of State government. All
317	317	26 expenses and liabilities incurred by the Board in the
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328	328	1 performance of its responsibilities hereunder shall be
329	329	2 paid from funds which shall be appropriated to the Board
330	330	3 by the General Assembly for the ordinary and contingent
331	331	4 expenses of the Board.
332	332	5 (1) The Board shall consist of 7 members appointed by
333	333	6 the Governor, with the advice and consent of the Senate,
334	334	7 with 3 members residing within the First Judicial District
335	335	8 and one member residing within each of the 4 remaining
336	336	9 Judicial Districts. No more than 4 members shall be
337	337	10 members of the same political party. The Governor shall
338	338	11 designate one member as the chairperson. The members shall
339	339	12 have actual experience in law, education, social work,
340	340	13 behavioral sciences, law enforcement, or community affairs
341	341	14 or in a combination of those areas.
342	342	15 (2) The terms of the members initially appointed after
343	343	16 January 1, 2022 (the effective date of Public Act 102-237)
344	344	17 shall be as follows: one of the initial members shall be
345	345	18 appointed for a term of one year, 3 shall be appointed for
346	346	19 terms of 2 years, and 3 shall be appointed for terms of 4
347	347	20 years. Thereafter, members shall hold office for 4 years,
348	348	21 with terms expiring on the second Monday in January
349	349	22 immediately following the expiration of their terms and
350	350	23 every 4 years thereafter. Members may be reappointed.
351	351	24 Vacancies in the office of member shall be filled in the
352	352	25 same manner as the original appointment, for the remainder
353	353	26 of the unexpired term. The Governor may remove a member
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364	364	1 for incompetence, neglect of duty, malfeasance, or
365	365	2 inability to serve. Members shall receive compensation in
366	366	3 an amount equal to the compensation of members of the
367	367	4 Executive Ethics Commission and, beginning July 1, 2023,
368	368	5 shall be compensated from appropriations provided to the
369	369	6 Comptroller for this purpose. Members may be reimbursed,
370	370	7 from funds appropriated for such a purpose, for reasonable
371	371	8 expenses actually incurred in the performance of their
372	372	9 Board duties. The Illinois State Police shall designate an
373	373	10 employee to serve as Executive Director of the Board and
374	374	11 provide logistical and administrative assistance to the
375	375	12 Board.
376	376	13 (3) The Board shall meet at least quarterly each year
377	377	14 and at the call of the chairperson as often as necessary to
378	378	15 consider appeals of decisions made with respect to
379	379	16 applications for a Firearm Owner's Identification Card
380	380	17 under this Act. If necessary to ensure the participation
381	381	18 of a member, the Board shall allow a member to participate
382	382	19 in a Board meeting by electronic communication. Any member
383	383	20 participating electronically shall be deemed present for
384	384	21 purposes of establishing a quorum and voting.
385	385	22 (4) The Board shall adopt rules for the review of
386	386	23 appeals and the conduct of hearings. The Board shall
387	387	24 maintain a record of its decisions and all materials
388	388	25 considered in making its decisions. All Board decisions
389	389	26 and voting records shall be kept confidential and all
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400	400	1 materials considered by the Board shall be exempt from
401	401	2 inspection except upon order of a court.
402	402	3 (5) In considering an appeal, the Board shall review
403	403	4 the materials received concerning the denial or revocation
404	404	5 by the Illinois State Police. By a vote of at least 4
405	405	6 members, the Board may request additional information from
406	406	7 the Illinois State Police or the applicant or the
407	407	8 testimony of the Illinois State Police or the applicant.
408	408	9 The Board may require that the applicant submit electronic
409	409	10 fingerprints to the Illinois State Police for an updated
410	410	11 background check if the Board determines it lacks
411	411	12 sufficient information to determine eligibility. The Board
412	412	13 may consider information submitted by the Illinois State
413	413	14 Police, a law enforcement agency, or the applicant. The
414	414	15 Board shall review each denial or revocation and determine
415	415	16 by a majority of members whether an applicant should be
416	416	17 granted relief under subsection (c).
417	417	18 (6) The Board shall by order issue summary decisions.
418	418	19 The Board shall issue a decision within 45 days of
419	419	20 receiving all completed appeal documents from the Illinois
420	420	21 State Police and the applicant. However, the Board need
421	421	22 not issue a decision within 45 days if:
422	422	23 (A) the Board requests information from the
423	423	24 applicant, including, but not limited to, electronic
424	424	25 fingerprints to be submitted to the Illinois State
425	425	26 Police, in accordance with paragraph (5) of this
426	426
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436	436	1 subsection, in which case the Board shall make a
437	437	2 decision within 30 days of receipt of the required
438	438	3 information from the applicant;
439	439	4 (B) the applicant agrees, in writing, to allow the
440	440	5 Board additional time to consider an appeal; or
441	441	6 (C) the Board notifies the applicant and the
442	442	7 Illinois State Police that the Board needs an
443	443	8 additional 30 days to issue a decision. The Board may
444	444	9 only issue 2 extensions under this subparagraph (C).
445	445	10 The Board's notification to the applicant and the
446	446	11 Illinois State Police shall include an explanation for
447	447	12 the extension.
448	448	13 (7) If the Board determines that the applicant is
449	449	14 eligible for relief under subsection (c), the Board shall
450	450	15 notify the applicant and the Illinois State Police that
451	451	16 relief has been granted and the Illinois State Police
452	452	17 shall issue the Card.
453	453	18 (8) Meetings of the Board shall not be subject to the
454	454	19 Open Meetings Act and records of the Board shall not be
455	455	20 subject to the Freedom of Information Act.
456	456	21 (9) The Board shall report monthly to the Governor and
457	457	22 the General Assembly on the number of appeals received and
458	458	23 provide details of the circumstances in which the Board
459	459	24 has determined to deny Firearm Owner's Identification
460	460	25 Cards under this subsection (a-5). The report shall not
461	461	26 contain any identifying information about the applicants.
462	462
463	463
464	464
465	465
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472	472	1 (a-6) If the Board does not, within 90 days of the filing
473	473	2 of the applicant's appeal of a denial of a Firearm Owner's
474	474	3 Identification Card or revocation of a Firearm Owner's
475	475	4 Identification Card, render a decision on the appeal, the
476	476	5 failure to render a decision shall constitute a rejection of
477	477	6 the appeal, and the applicant or card holder may appeal to the
478	478	7 circuit court for relief.
479	479	8 (a-10) Whenever an applicant or cardholder is not seeking
480	480	9 relief from a firearms prohibition under subsection (c) but
481	481	10 rather does not believe the applicant is appropriately denied
482	482	11 or revoked and is challenging the record upon which the
483	483	12 decision to deny or revoke the Firearm Owner's Identification
484	484	13 Card was based, or whenever the Illinois State Police fails to
485	485	14 act on an application within 30 days of its receipt, the
486	486	15 applicant shall file such challenge with the Director. The
487	487	16 Director shall render a decision within 60 business days of
488	488	17 receipt of all information supporting the challenge. The
489	489	18 Illinois State Police shall adopt rules for the review of a
490	490	19 record challenge.
491	491	20 (b) At least 30 days before any hearing in the circuit
492	492	21 court, the petitioner shall serve the relevant State's
493	493	22 Attorney with a copy of the petition. The State's Attorney may
494	494	23 object to the petition and present evidence. At the hearing,
495	495	24 the court shall determine whether substantial justice has been
496	496	25 done. Should the court determine that substantial justice has
497	497	26 not been done, the court shall issue an order directing the
498	498
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508	508	1 Illinois State Police to issue a Card. However, the court
509	509	2 shall not issue the order if the petitioner is otherwise
510	510	3 prohibited from obtaining, possessing, or using a firearm
511	511	4 under federal law.
512	512	5 (c) Any person prohibited from possessing a firearm under
513	513	6 Sections 24-1.1 or 24-3.1 of the Criminal Code of 2012 or
514	514	7 acquiring a Firearm Owner's Identification Card under Section
515	515	8 8 of this Act may apply to the Firearm Owner's Identification
516	516	9 Card Review Board or petition the circuit court in the county
517	517	10 where the petitioner resides, whichever is applicable in
518	518	11 accordance with subsection (a) of this Section, requesting
519	519	12 relief from such prohibition and the Board or court may grant
520	520	13 such relief if it is established by the applicant to the
521	521	14 court's or the Board's satisfaction that:
522	522	15 (0.05) when in the circuit court, the State's Attorney
523	523	16 has been served with a written copy of the petition at
524	524	17 least 30 days before any such hearing in the circuit court
525	525	18 and at the hearing the State's Attorney was afforded an
526	526	19 opportunity to present evidence and object to the
527	527	20 petition;
528	528	21 (1) the applicant has not been convicted of a forcible
529	529	22 felony under the laws of this State or any other
530	530	23 jurisdiction within 20 years of the applicant's
531	531	24 application for a Firearm Owner's Identification Card, or
532	532	25 at least 20 years have passed since the end of any period
533	533	26 of imprisonment imposed in relation to that conviction;
534	534
535	535
536	536
537	537
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544	544	1 (2) the circumstances regarding a criminal conviction,
545	545	2 where applicable, the applicant's criminal history and his
546	546	3 reputation are such that the applicant will not be likely
547	547	4 to act in a manner dangerous to public safety;
548	548	5 (3) granting relief would not be contrary to the
549	549	6 public interest; and
550	550	7 (4) granting relief would not be contrary to federal
551	551	8 law.
552	552	9 (c-5) (1) An active law enforcement officer employed by a
553	553	10 unit of government or a Department of Corrections employee
554	554	11 authorized to possess firearms who is denied, revoked, or has
555	555	12 his or her Firearm Owner's Identification Card seized under
556	556	13 subsection (e) of Section 8 of this Act may apply to the
557	557	14 Firearm Owner's Identification Card Review Board requesting
558	558	15 relief if the officer or employee did not act in a manner
559	559	16 threatening to the officer or employee, another person, or the
560	560	17 public as determined by the treating clinical psychologist or
561	561	18 physician, and as a result of his or her work is referred by
562	562	19 the employer for or voluntarily seeks mental health evaluation
563	563	20 or treatment by a licensed clinical psychologist,
564	564	21 psychiatrist, or qualified examiner, and:
565	565	22 (A) the officer or employee has not received treatment
566	566	23 involuntarily at a mental health facility, regardless of
567	567	24 the length of admission; or has not been voluntarily
568	568	25 admitted to a mental health facility for more than 30 days
569	569	26 and not for more than one incident within the past 5 years;
570	570
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580	580	1 and
581	581	2 (B) the officer or employee has not left the mental
582	582	3 institution against medical advice.
583	583	4 (2) The Firearm Owner's Identification Card Review Board
584	584	5 shall grant expedited relief to active law enforcement
585	585	6 officers and employees described in paragraph (1) of this
586	586	7 subsection (c-5) upon a determination by the Board that the
587	587	8 officer's or employee's possession of a firearm does not
588	588	9 present a threat to themselves, others, or public safety. The
589	589	10 Board shall act on the request for relief within 30 business
590	590	11 days of receipt of:
591	591	12 (A) a notarized statement from the officer or employee
592	592	13 in the form prescribed by the Board detailing the
593	593	14 circumstances that led to the hospitalization;
594	594	15 (B) all documentation regarding the admission,
595	595	16 evaluation, treatment and discharge from the treating
596	596	17 licensed clinical psychologist or psychiatrist of the
597	597	18 officer;
598	598	19 (C) a psychological fitness for duty evaluation of the
599	599	20 person completed after the time of discharge; and
600	600	21 (D) written confirmation in the form prescribed by the
601	601	22 Board from the treating licensed clinical psychologist or
602	602	23 psychiatrist that the provisions set forth in paragraph
603	603	24 (1) of this subsection (c-5) have been met, the person
604	604	25 successfully completed treatment, and their professional
605	605	26 opinion regarding the person's ability to possess
606	606
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616	616	1 firearms.
617	617	2 (3) Officers and employees eligible for the expedited
618	618	3 relief in paragraph (2) of this subsection (c-5) have the
619	619	4 burden of proof on eligibility and must provide all
620	620	5 information required. The Board may not consider granting
621	621	6 expedited relief until the proof and information is received.
622	622	7 (4) "Clinical psychologist", "psychiatrist", and
623	623	8 "qualified examiner" shall have the same meaning as provided
624	624	9 in Chapter I of the Mental Health and Developmental
625	625	10 Disabilities Code.
626	626	11 (c-10) (1) An applicant, who is denied, revoked, or has
627	627	12 his or her Firearm Owner's Identification Card seized under
628	628	13 subsection (e) of Section 8 of this Act based upon a
629	629	14 determination of a developmental disability or an intellectual
630	630	15 disability may apply to the Firearm Owner's Identification
631	631	16 Card Review Board requesting relief.
632	632	17 (2) The Board shall act on the request for relief within 60
633	633	18 business days of receipt of written certification, in the form
634	634	19 prescribed by the Board, from a physician or clinical
635	635	20 psychologist, or qualified examiner, that the aggrieved
636	636	21 party's developmental disability or intellectual disability
637	637	22 condition is determined by a physician, clinical psychologist,
638	638	23 or qualified to be mild. If a fact-finding conference is
639	639	24 scheduled to obtain additional information concerning the
640	640	25 circumstances of the denial or revocation, the 60 business
641	641	26 days the Director has to act shall be tolled until the
642	642
643	643
644	644
645	645
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652	652	1 completion of the fact-finding conference.
653	653	2 (3) The Board may grant relief if the aggrieved party's
654	654	3 developmental disability or intellectual disability is mild as
655	655	4 determined by a physician, clinical psychologist, or qualified
656	656	5 examiner and it is established by the applicant to the Board's
657	657	6 satisfaction that:
658	658	7 (A) granting relief would not be contrary to the
659	659	8 public interest; and
660	660	9 (B) granting relief would not be contrary to federal
661	661	10 law.
662	662	11 (4) The Board may not grant relief if the condition is
663	663	12 determined by a physician, clinical psychologist, or qualified
664	664	13 examiner to be moderate, severe, or profound.
665	665	14 (5) The changes made to this Section by Public Act 99-29
666	666	15 apply to requests for relief pending on or before July 10, 2015
667	667	16 (the effective date of Public Act 99-29), except that the
668	668	17 60-day period for the Director to act on requests pending
669	669	18 before the effective date shall begin on July 10, 2015 (the
670	670	19 effective date of Public Act 99-29). All appeals as provided
671	671	20 in subsection (a-5) pending on January 1, 2023 shall be
672	672	21 considered by the Board.
673	673	22 (d) When a minor is adjudicated delinquent for an offense
674	674	23 which if committed by an adult would be a felony, the court
675	675	24 shall notify the Illinois State Police.
676	676	25 (e) The court shall review the denial of an application or
677	677	26 the revocation of a Firearm Owner's Identification Card of a
678	678
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688	688	1 person who has been adjudicated delinquent for an offense that
689	689	2 if committed by an adult would be a felony if an application
690	690	3 for relief has been filed at least 10 years after the
691	691	4 adjudication of delinquency and the court determines that the
692	692	5 applicant should be granted relief from disability to obtain a
693	693	6 Firearm Owner's Identification Card. If the court grants
694	694	7 relief, the court shall notify the Illinois State Police that
695	695	8 the disability has been removed and that the applicant is
696	696	9 eligible to obtain a Firearm Owner's Identification Card.
697	697	10 (f) Any person who is subject to the disabilities of 18
698	698	11 U.S.C. 922(d)(4) and 922(g)(4) of the federal Gun Control Act
699	699	12 of 1968 because of an adjudication or commitment that occurred
700	700	13 under the laws of this State or who was determined to be
701	701	14 subject to the provisions of subsections (e), (f), or (g) of
702	702	15 Section 8 of this Act may apply to the Illinois State Police
703	703	16 requesting relief from that prohibition. The Board shall grant
704	704	17 the relief if it is established by a preponderance of the
705	705	18 evidence that the person will not be likely to act in a manner
706	706	19 dangerous to public safety and that granting relief would not
707	707	20 be contrary to the public interest. In making this
708	708	21 determination, the Board shall receive evidence concerning (i)
709	709	22 the circumstances regarding the firearms disabilities from
710	710	23 which relief is sought; (ii) the petitioner's mental health
711	711	24 and criminal history records, if any; (iii) the petitioner's
712	712	25 reputation, developed at a minimum through character witness
713	713	26 statements, testimony, or other character evidence; and (iv)
714	714
715	715
716	716
717	717
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724	724	1 changes in the petitioner's condition or circumstances since
725	725	2 the disqualifying events relevant to the relief sought. If
726	726	3 relief is granted under this subsection or by order of a court
727	727	4 under this Section, the Director shall as soon as practicable
728	728	5 but in no case later than 15 business days, update, correct,
729	729	6 modify, or remove the person's record in any database that the
730	730	7 Illinois State Police makes available to the National Instant
731	731	8 Criminal Background Check System and notify the United States
732	732	9 Attorney General that the basis for the record being made
733	733	10 available no longer applies. The Illinois State Police shall
734	734	11 adopt rules for the administration of this Section.
735	735	12 (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
736	736	13 102-645, eff. 1-1-22; 102-813, eff. 5-13-22; 102-1115, eff.
737	737	14 1-9-23; 102-1129, eff. 2-10-23; revised 2-28-23.)
738	738	15 (430 ILCS 65/13.2) (from Ch. 38, par. 83-13.2)
739	739	16 Sec. 13.2. Renewal; name, photograph, or address change;
740	740	17 replacement card. The Illinois State Police shall, 180 days
741	741	18 prior to the expiration of a Firearm Owner's Identification
742	742	19 Card, forward by first class mail or by other means provided in
743	743	20 Section 7.5 to each person whose card is to expire a
744	744	21 notification of the expiration of the card and instructions
745	745	22 for renewal. It is the obligation of the holder of a Firearm
746	746	23 Owner's Identification Card to notify the Illinois State
747	747	24 Police of any address change since the issuance of the Firearm
748	748	25 Owner's Identification Card. The Illinois State Police may
749	749
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759	759	1 update the applicant and card holder's address based upon
760	760	2 records in the Secretary of State Driver's License or Illinois
761	761	3 identification card records of applicants who do not have
762	762	4 driver's licenses. Any person whose legal name has changed
763	763	5 from the name on the card that he or she has been previously
764	764	6 issued must apply for a corrected card within 30 calendar days
765	765	7 after the change. The cost for an updated or corrected card
766	766	8 shall be $5. The cost for replacement of a card which has been
767	767	9 lost, destroyed, or stolen shall be $5 if the loss,
768	768	10 destruction, or theft of the card is reported to the Illinois
769	769	11 State Police. The cost for replacement of a combined Firearm
770	770	12 Owner's Identification Card and concealed carry license if the
771	771	13 person has changed his or her address is $5. The fees collected
772	772	14 under this Section shall be deposited into the State Police
773	773	15 Firearm Services Fund.
774	774	16 (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
775	775	17 102-813, eff. 5-13-22.)
776	776	18 Section 10. The Firearm Concealed Carry Act is amended by
777	777	19 changing Section 60 as follows:
778	778	20 (430 ILCS 66/60)
779	779	21 Sec. 60. Fees.
780	780	22 (a) All fees collected under this Act shall be deposited
781	781	23 as provided in this Section. Application, renewal, and
782	782	24 replacement fees shall be non-refundable.
783	783
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