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
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
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
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A BILL FOR
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1 AN ACT concerning safety.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Firearm Owners Identification Card Act is
5 amended by changing Sections 8, 10, and 13.2 as follows:
6 (430 ILCS 65/8) (from Ch. 38, par. 83-8)
7 Sec. 8. Grounds for denial and revocation. The Illinois
8 State Police has authority to deny an application for or to
9 revoke and seize a Firearm Owner's Identification Card
10 previously issued under this Act only if the Illinois State
11 Police finds that the applicant or the person to whom such card
12 was issued is or was at the time of issuance:
13 (a) A person under 21 years of age who has been
14 convicted of a misdemeanor other than a traffic offense or
15 adjudged delinquent;
16 (b) This subsection (b) applies through the 180th day
17 following July 12, 2019 (the effective date of Public Act
18 101-80). A person under 21 years of age who does not have
19 the written consent of his parent or guardian to acquire
20 and possess firearms and firearm ammunition, or whose
21 parent or guardian has revoked such written consent, or
22 where such parent or guardian does not qualify to have a
23 Firearm Owner's Identification Card;
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
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.
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LRB103 34591 RLC 64429 b
A BILL FOR
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
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1 (b-5) This subsection (b-5) applies on and after the
2 181st day following July 12, 2019 (the effective date of
3 Public Act 101-80). A person under 21 years of age who is
4 not an active duty member of the United States Armed
5 Forces or the Illinois National Guard and does not have
6 the written consent of his or her parent or guardian to
7 acquire and possess firearms and firearm ammunition, or
8 whose parent or guardian has revoked such written consent,
9 or where such parent or guardian does not qualify to have a
10 Firearm Owner's Identification Card;
11 (c) A person convicted of a felony under the laws of
12 this or any other jurisdiction;
13 (d) A person addicted to narcotics;
14 (e) A person who has been a patient of a mental health
15 facility within the past 5 years or a person who has been a
16 patient in a mental health facility more than 5 years ago
17 who has not received the certification required under
18 subsection (u) of this Section. An active law enforcement
19 officer employed by a unit of government or a Department
20 of Corrections employee authorized to possess firearms who
21 is denied, revoked, or has his or her Firearm Owner's
22 Identification Card seized under this subsection (e) may
23 obtain relief as described in subsection (c-5) of Section
24 10 of this Act if the officer or employee did not act in a
25 manner threatening to the officer or employee, another
26 person, or the public as determined by the treating
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1 clinical psychologist or physician, and the officer or
2 employee seeks mental health treatment. If the Illinois
3 State Police denies an application for or revokes and
4 seizes a Firearm Owner's Identification Card under this
5 subsection (e), the notice to the applicant or card holder
6 of denial of an application for or revocation of the
7 person's Firearm Owner's Identification Card shall include
8 the date or dates of admission of the person to the mental
9 health facility and the name of the facility;
10 (f) A person whose mental condition is of such a
11 nature that it poses a clear and present danger to the
12 applicant, any other person or persons, or the community;
13 (g) A person who has an intellectual disability;
14 (h) A person who intentionally makes a false statement
15 in the Firearm Owner's Identification Card application or
16 endorsement affidavit;
17 (i) A noncitizen who is unlawfully present in the
18 United States under the laws of the United States;
19 (i-5) A noncitizen who has been admitted to the United
20 States under a non-immigrant visa (as that term is defined
21 in Section 101(a)(26) of the Immigration and Nationality
22 Act (8 U.S.C. 1101(a)(26))), except that this subsection
23 (i-5) does not apply to any noncitizen who has been
24 lawfully admitted to the United States under a
25 non-immigrant visa if that noncitizen is:
26 (1) admitted to the United States for lawful
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1 hunting or sporting purposes;
2 (2) an official representative of a foreign
3 government who is:
4 (A) accredited to the United States Government
5 or the Government's mission to an international
6 organization having its headquarters in the United
7 States; or
8 (B) en route to or from another country to
9 which that noncitizen is accredited;
10 (3) an official of a foreign government or
11 distinguished foreign visitor who has been so
12 designated by the Department of State;
13 (4) a foreign law enforcement officer of a
14 friendly foreign government entering the United States
15 on official business; or
16 (5) one who has received a waiver from the
17 Attorney General of the United States pursuant to 18
18 U.S.C. 922(y)(3);
19 (j) (Blank);
20 (k) A person who has been convicted within the past 5
21 years of battery, assault, aggravated assault, violation
22 of an order of protection, or a substantially similar
23 offense in another jurisdiction, in which a firearm was
24 used or possessed;
25 (l) A person who has been convicted of domestic
26 battery, aggravated domestic battery, or a substantially
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1 similar offense in another jurisdiction committed before,
2 on or after January 1, 2012 (the effective date of Public
3 Act 97-158). If the applicant or person who has been
4 previously issued a Firearm Owner's Identification Card
5 under this Act knowingly and intelligently waives the
6 right to have an offense described in this paragraph (l)
7 tried by a jury, and by guilty plea or otherwise, results
8 in a conviction for an offense in which a domestic
9 relationship is not a required element of the offense but
10 in which a determination of the applicability of 18 U.S.C.
11 922(g)(9) is made under Section 112A-11.1 of the Code of
12 Criminal Procedure of 1963, an entry by the court of a
13 judgment of conviction for that offense shall be grounds
14 for denying an application for and for revoking and
15 seizing a Firearm Owner's Identification Card previously
16 issued to the person under this Act;
17 (m) (Blank);
18 (n) A person who is prohibited from acquiring or
19 possessing firearms or firearm ammunition by any Illinois
20 State statute or by federal law;
21 (o) A minor subject to a petition filed under Section
22 5-520 of the Juvenile Court Act of 1987 alleging that the
23 minor is a delinquent minor for the commission of an
24 offense that if committed by an adult would be a felony;
25 (p) An adult who had been adjudicated a delinquent
26 minor under the Juvenile Court Act of 1987 for the
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1 commission of an offense that if committed by an adult
2 would be a felony;
3 (q) A person who is not a resident of the State of
4 Illinois, except as provided in subsection (a-10) of
5 Section 4;
6 (r) A person who has been adjudicated as a person with
7 a mental disability;
8 (s) A person who has been found to have a
9 developmental disability;
10 (t) A person involuntarily admitted into a mental
11 health facility; or
12 (u) A person who has had his or her Firearm Owner's
13 Identification Card revoked or denied under subsection (e)
14 of this Section or item (iv) of paragraph (2) of
15 subsection (a) of Section 4 of this Act because he or she
16 was a patient in a mental health facility as provided in
17 subsection (e) of this Section, shall not be permitted to
18 obtain a Firearm Owner's Identification Card, after the
19 5-year period has lapsed, unless he or she has received a
20 mental health evaluation by a physician, clinical
21 psychologist, or qualified examiner as those terms are
22 defined in the Mental Health and Developmental
23 Disabilities Code, and has received a certification that
24 he or she is not a clear and present danger to himself,
25 herself, or others. The physician, clinical psychologist,
26 or qualified examiner making the certification and his or
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1 her employer shall not be held criminally, civilly, or
2 professionally liable for making or not making the
3 certification required under this subsection, except for
4 willful or wanton misconduct. This subsection does not
5 apply to a person whose firearm possession rights have
6 been restored through administrative or judicial action
7 under Section 10 or 11 of this Act.
8 Upon revocation of a person's Firearm Owner's
9 Identification Card, the Illinois State Police shall provide
10 notice to the person and the person shall comply with Section
11 9.5 of this Act.
12 (Source: P.A. 101-80, eff. 7-12-19; 102-538, eff. 8-20-21;
13 102-645, eff. 1-1-22; 102-813, eff. 5-13-22; 102-1030, eff.
14 5-27-22; 102-1116, eff. 1-10-23.)
15 (430 ILCS 65/10) (from Ch. 38, par. 83-10)
16 Sec. 10. Appeals; hearing; relief from firearm
17 prohibitions.
18 (a) Whenever an application for a Firearm Owner's
19 Identification Card is denied or whenever such a Card is
20 revoked or seized as provided for in Section 8 of this Act, the
21 aggrieved party may (1) file a record challenge with the
22 Director regarding the record upon which the decision to deny
23 or revoke the Firearm Owner's Identification Card was based
24 under subsection (a-5); or (2) appeal to the Director of the
25 Illinois State Police through December 31, 2022, or beginning
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1 January 1, 2023, the Firearm Owner's Identification Card
2 Review Board for a hearing seeking relief from such denial or
3 revocation unless the denial or revocation was based upon a
4 forcible felony, stalking, aggravated stalking, domestic
5 battery, any violation of the Illinois Controlled Substances
6 Act, the Methamphetamine Control and Community Protection Act,
7 or the Cannabis Control Act that is classified as a Class 2 or
8 greater felony, any felony violation of Article 24 of the
9 Criminal Code of 1961 or the Criminal Code of 2012, or any
10 adjudication as a delinquent minor for the commission of an
11 offense that if committed by an adult would be a felony, in
12 which case the aggrieved party may petition the circuit court
13 in writing in the county of his or her residence for a hearing
14 seeking relief from such denial or revocation.
15 (a-5) There is created a Firearm Owner's Identification
16 Card Review Board to consider any appeal under subsection (a)
17 beginning January 1, 2023, other than an appeal directed to
18 the circuit court and except when the applicant is challenging
19 the record upon which the decision to deny or revoke was based
20 as provided in subsection (a-10).
21 (0.05) In furtherance of the policy of this Act that
22 the Board shall exercise its powers and duties in an
23 independent manner, subject to the provisions of this Act
24 but free from the direction, control, or influence of any
25 other agency or department of State government. All
26 expenses and liabilities incurred by the Board in the
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1 performance of its responsibilities hereunder shall be
2 paid from funds which shall be appropriated to the Board
3 by the General Assembly for the ordinary and contingent
4 expenses of the Board.
5 (1) The Board shall consist of 7 members appointed by
6 the Governor, with the advice and consent of the Senate,
7 with 3 members residing within the First Judicial District
8 and one member residing within each of the 4 remaining
9 Judicial Districts. No more than 4 members shall be
10 members of the same political party. The Governor shall
11 designate one member as the chairperson. The members shall
12 have actual experience in law, education, social work,
13 behavioral sciences, law enforcement, or community affairs
14 or in a combination of those areas.
15 (2) The terms of the members initially appointed after
16 January 1, 2022 (the effective date of Public Act 102-237)
17 shall be as follows: one of the initial members shall be
18 appointed for a term of one year, 3 shall be appointed for
19 terms of 2 years, and 3 shall be appointed for terms of 4
20 years. Thereafter, members shall hold office for 4 years,
21 with terms expiring on the second Monday in January
22 immediately following the expiration of their terms and
23 every 4 years thereafter. Members may be reappointed.
24 Vacancies in the office of member shall be filled in the
25 same manner as the original appointment, for the remainder
26 of the unexpired term. The Governor may remove a member
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1 for incompetence, neglect of duty, malfeasance, or
2 inability to serve. Members shall receive compensation in
3 an amount equal to the compensation of members of the
4 Executive Ethics Commission and, beginning July 1, 2023,
5 shall be compensated from appropriations provided to the
6 Comptroller for this purpose. Members may be reimbursed,
7 from funds appropriated for such a purpose, for reasonable
8 expenses actually incurred in the performance of their
9 Board duties. The Illinois State Police shall designate an
10 employee to serve as Executive Director of the Board and
11 provide logistical and administrative assistance to the
12 Board.
13 (3) The Board shall meet at least quarterly each year
14 and at the call of the chairperson as often as necessary to
15 consider appeals of decisions made with respect to
16 applications for a Firearm Owner's Identification Card
17 under this Act. If necessary to ensure the participation
18 of a member, the Board shall allow a member to participate
19 in a Board meeting by electronic communication. Any member
20 participating electronically shall be deemed present for
21 purposes of establishing a quorum and voting.
22 (4) The Board shall adopt rules for the review of
23 appeals and the conduct of hearings. The Board shall
24 maintain a record of its decisions and all materials
25 considered in making its decisions. All Board decisions
26 and voting records shall be kept confidential and all
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1 materials considered by the Board shall be exempt from
2 inspection except upon order of a court.
3 (5) In considering an appeal, the Board shall review
4 the materials received concerning the denial or revocation
5 by the Illinois State Police. By a vote of at least 4
6 members, the Board may request additional information from
7 the Illinois State Police or the applicant or the
8 testimony of the Illinois State Police or the applicant.
9 The Board may require that the applicant submit electronic
10 fingerprints to the Illinois State Police for an updated
11 background check if the Board determines it lacks
12 sufficient information to determine eligibility. The Board
13 may consider information submitted by the Illinois State
14 Police, a law enforcement agency, or the applicant. The
15 Board shall review each denial or revocation and determine
16 by a majority of members whether an applicant should be
17 granted relief under subsection (c).
18 (6) The Board shall by order issue summary decisions.
19 The Board shall issue a decision within 45 days of
20 receiving all completed appeal documents from the Illinois
21 State Police and the applicant. However, the Board need
22 not issue a decision within 45 days if:
23 (A) the Board requests information from the
24 applicant, including, but not limited to, electronic
25 fingerprints to be submitted to the Illinois State
26 Police, in accordance with paragraph (5) of this
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1 subsection, in which case the Board shall make a
2 decision within 30 days of receipt of the required
3 information from the applicant;
4 (B) the applicant agrees, in writing, to allow the
5 Board additional time to consider an appeal; or
6 (C) the Board notifies the applicant and the
7 Illinois State Police that the Board needs an
8 additional 30 days to issue a decision. The Board may
9 only issue 2 extensions under this subparagraph (C).
10 The Board's notification to the applicant and the
11 Illinois State Police shall include an explanation for
12 the extension.
13 (7) If the Board determines that the applicant is
14 eligible for relief under subsection (c), the Board shall
15 notify the applicant and the Illinois State Police that
16 relief has been granted and the Illinois State Police
17 shall issue the Card.
18 (8) Meetings of the Board shall not be subject to the
19 Open Meetings Act and records of the Board shall not be
20 subject to the Freedom of Information Act.
21 (9) The Board shall report monthly to the Governor and
22 the General Assembly on the number of appeals received and
23 provide details of the circumstances in which the Board
24 has determined to deny Firearm Owner's Identification
25 Cards under this subsection (a-5). The report shall not
26 contain any identifying information about the applicants.
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1 (a-6) If the Board does not, within 90 days of the filing
2 of the applicant's appeal of a denial of a Firearm Owner's
3 Identification Card or revocation of a Firearm Owner's
4 Identification Card, render a decision on the appeal, the
5 failure to render a decision shall constitute a rejection of
6 the appeal, and the applicant or card holder may appeal to the
7 circuit court for relief.
8 (a-10) Whenever an applicant or cardholder is not seeking
9 relief from a firearms prohibition under subsection (c) but
10 rather does not believe the applicant is appropriately denied
11 or revoked and is challenging the record upon which the
12 decision to deny or revoke the Firearm Owner's Identification
13 Card was based, or whenever the Illinois State Police fails to
14 act on an application within 30 days of its receipt, the
15 applicant shall file such challenge with the Director. The
16 Director shall render a decision within 60 business days of
17 receipt of all information supporting the challenge. The
18 Illinois State Police shall adopt rules for the review of a
19 record challenge.
20 (b) At least 30 days before any hearing in the circuit
21 court, the petitioner shall serve the relevant State's
22 Attorney with a copy of the petition. The State's Attorney may
23 object to the petition and present evidence. At the hearing,
24 the court shall determine whether substantial justice has been
25 done. Should the court determine that substantial justice has
26 not been done, the court shall issue an order directing the
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1 Illinois State Police to issue a Card. However, the court
2 shall not issue the order if the petitioner is otherwise
3 prohibited from obtaining, possessing, or using a firearm
4 under federal law.
5 (c) Any person prohibited from possessing a firearm under
6 Sections 24-1.1 or 24-3.1 of the Criminal Code of 2012 or
7 acquiring a Firearm Owner's Identification Card under Section
8 8 of this Act may apply to the Firearm Owner's Identification
9 Card Review Board or petition the circuit court in the county
10 where the petitioner resides, whichever is applicable in
11 accordance with subsection (a) of this Section, requesting
12 relief from such prohibition and the Board or court may grant
13 such relief if it is established by the applicant to the
14 court's or the Board's satisfaction that:
15 (0.05) when in the circuit court, the State's Attorney
16 has been served with a written copy of the petition at
17 least 30 days before any such hearing in the circuit court
18 and at the hearing the State's Attorney was afforded an
19 opportunity to present evidence and object to the
20 petition;
21 (1) the applicant has not been convicted of a forcible
22 felony under the laws of this State or any other
23 jurisdiction within 20 years of the applicant's
24 application for a Firearm Owner's Identification Card, or
25 at least 20 years have passed since the end of any period
26 of imprisonment imposed in relation to that conviction;
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1 (2) the circumstances regarding a criminal conviction,
2 where applicable, the applicant's criminal history and his
3 reputation are such that the applicant will not be likely
4 to act in a manner dangerous to public safety;
5 (3) granting relief would not be contrary to the
6 public interest; and
7 (4) granting relief would not be contrary to federal
8 law.
9 (c-5) (1) An active law enforcement officer employed by a
10 unit of government or a Department of Corrections employee
11 authorized to possess firearms who is denied, revoked, or has
12 his or her Firearm Owner's Identification Card seized under
13 subsection (e) of Section 8 of this Act may apply to the
14 Firearm Owner's Identification Card Review Board requesting
15 relief if the officer or employee did not act in a manner
16 threatening to the officer or employee, another person, or the
17 public as determined by the treating clinical psychologist or
18 physician, and as a result of his or her work is referred by
19 the employer for or voluntarily seeks mental health evaluation
20 or treatment by a licensed clinical psychologist,
21 psychiatrist, or qualified examiner, and:
22 (A) the officer or employee has not received treatment
23 involuntarily at a mental health facility, regardless of
24 the length of admission; or has not been voluntarily
25 admitted to a mental health facility for more than 30 days
26 and not for more than one incident within the past 5 years;
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1 and
2 (B) the officer or employee has not left the mental
3 institution against medical advice.
4 (2) The Firearm Owner's Identification Card Review Board
5 shall grant expedited relief to active law enforcement
6 officers and employees described in paragraph (1) of this
7 subsection (c-5) upon a determination by the Board that the
8 officer's or employee's possession of a firearm does not
9 present a threat to themselves, others, or public safety. The
10 Board shall act on the request for relief within 30 business
11 days of receipt of:
12 (A) a notarized statement from the officer or employee
13 in the form prescribed by the Board detailing the
14 circumstances that led to the hospitalization;
15 (B) all documentation regarding the admission,
16 evaluation, treatment and discharge from the treating
17 licensed clinical psychologist or psychiatrist of the
18 officer;
19 (C) a psychological fitness for duty evaluation of the
20 person completed after the time of discharge; and
21 (D) written confirmation in the form prescribed by the
22 Board from the treating licensed clinical psychologist or
23 psychiatrist that the provisions set forth in paragraph
24 (1) of this subsection (c-5) have been met, the person
25 successfully completed treatment, and their professional
26 opinion regarding the person's ability to possess
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1 firearms.
2 (3) Officers and employees eligible for the expedited
3 relief in paragraph (2) of this subsection (c-5) have the
4 burden of proof on eligibility and must provide all
5 information required. The Board may not consider granting
6 expedited relief until the proof and information is received.
7 (4) "Clinical psychologist", "psychiatrist", and
8 "qualified examiner" shall have the same meaning as provided
9 in Chapter I of the Mental Health and Developmental
10 Disabilities Code.
11 (c-10) (1) An applicant, who is denied, revoked, or has
12 his or her Firearm Owner's Identification Card seized under
13 subsection (e) of Section 8 of this Act based upon a
14 determination of a developmental disability or an intellectual
15 disability may apply to the Firearm Owner's Identification
16 Card Review Board requesting relief.
17 (2) The Board shall act on the request for relief within 60
18 business days of receipt of written certification, in the form
19 prescribed by the Board, from a physician or clinical
20 psychologist, or qualified examiner, that the aggrieved
21 party's developmental disability or intellectual disability
22 condition is determined by a physician, clinical psychologist,
23 or qualified to be mild. If a fact-finding conference is
24 scheduled to obtain additional information concerning the
25 circumstances of the denial or revocation, the 60 business
26 days the Director has to act shall be tolled until the
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1 completion of the fact-finding conference.
2 (3) The Board may grant relief if the aggrieved party's
3 developmental disability or intellectual disability is mild as
4 determined by a physician, clinical psychologist, or qualified
5 examiner and it is established by the applicant to the Board's
6 satisfaction that:
7 (A) granting relief would not be contrary to the
8 public interest; and
9 (B) granting relief would not be contrary to federal
10 law.
11 (4) The Board may not grant relief if the condition is
12 determined by a physician, clinical psychologist, or qualified
13 examiner to be moderate, severe, or profound.
14 (5) The changes made to this Section by Public Act 99-29
15 apply to requests for relief pending on or before July 10, 2015
16 (the effective date of Public Act 99-29), except that the
17 60-day period for the Director to act on requests pending
18 before the effective date shall begin on July 10, 2015 (the
19 effective date of Public Act 99-29). All appeals as provided
20 in subsection (a-5) pending on January 1, 2023 shall be
21 considered by the Board.
22 (d) When a minor is adjudicated delinquent for an offense
23 which if committed by an adult would be a felony, the court
24 shall notify the Illinois State Police.
25 (e) The court shall review the denial of an application or
26 the revocation of a Firearm Owner's Identification Card of a
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1 person who has been adjudicated delinquent for an offense that
2 if committed by an adult would be a felony if an application
3 for relief has been filed at least 10 years after the
4 adjudication of delinquency and the court determines that the
5 applicant should be granted relief from disability to obtain a
6 Firearm Owner's Identification Card. If the court grants
7 relief, the court shall notify the Illinois State Police that
8 the disability has been removed and that the applicant is
9 eligible to obtain a Firearm Owner's Identification Card.
10 (f) Any person who is subject to the disabilities of 18
11 U.S.C. 922(d)(4) and 922(g)(4) of the federal Gun Control Act
12 of 1968 because of an adjudication or commitment that occurred
13 under the laws of this State or who was determined to be
14 subject to the provisions of subsections (e), (f), or (g) of
15 Section 8 of this Act may apply to the Illinois State Police
16 requesting relief from that prohibition. The Board shall grant
17 the relief if it is established by a preponderance of the
18 evidence that the person will not be likely to act in a manner
19 dangerous to public safety and that granting relief would not
20 be contrary to the public interest. In making this
21 determination, the Board shall receive evidence concerning (i)
22 the circumstances regarding the firearms disabilities from
23 which relief is sought; (ii) the petitioner's mental health
24 and criminal history records, if any; (iii) the petitioner's
25 reputation, developed at a minimum through character witness
26 statements, testimony, or other character evidence; and (iv)
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1 changes in the petitioner's condition or circumstances since
2 the disqualifying events relevant to the relief sought. If
3 relief is granted under this subsection or by order of a court
4 under this Section, the Director shall as soon as practicable
5 but in no case later than 15 business days, update, correct,
6 modify, or remove the person's record in any database that the
7 Illinois State Police makes available to the National Instant
8 Criminal Background Check System and notify the United States
9 Attorney General that the basis for the record being made
10 available no longer applies. The Illinois State Police shall
11 adopt rules for the administration of this Section.
12 (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
13 102-645, eff. 1-1-22; 102-813, eff. 5-13-22; 102-1115, eff.
14 1-9-23; 102-1129, eff. 2-10-23; revised 2-28-23.)
15 (430 ILCS 65/13.2) (from Ch. 38, par. 83-13.2)
16 Sec. 13.2. Renewal; name, photograph, or address change;
17 replacement card. The Illinois State Police shall, 180 days
18 prior to the expiration of a Firearm Owner's Identification
19 Card, forward by first class mail or by other means provided in
20 Section 7.5 to each person whose card is to expire a
21 notification of the expiration of the card and instructions
22 for renewal. It is the obligation of the holder of a Firearm
23 Owner's Identification Card to notify the Illinois State
24 Police of any address change since the issuance of the Firearm
25 Owner's Identification Card. The Illinois State Police may
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1 update the applicant and card holder's address based upon
2 records in the Secretary of State Driver's License or Illinois
3 identification card records of applicants who do not have
4 driver's licenses. Any person whose legal name has changed
5 from the name on the card that he or she has been previously
6 issued must apply for a corrected card within 30 calendar days
7 after the change. The cost for an updated or corrected card
8 shall be $5. The cost for replacement of a card which has been
9 lost, destroyed, or stolen shall be $5 if the loss,
10 destruction, or theft of the card is reported to the Illinois
11 State Police. The cost for replacement of a combined Firearm
12 Owner's Identification Card and concealed carry license if the
13 person has changed his or her address is $5. The fees collected
14 under this Section shall be deposited into the State Police
15 Firearm Services Fund.
16 (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
17 102-813, eff. 5-13-22.)
18 Section 10. The Firearm Concealed Carry Act is amended by
19 changing Section 60 as follows:
20 (430 ILCS 66/60)
21 Sec. 60. Fees.
22 (a) All fees collected under this Act shall be deposited
23 as provided in this Section. Application, renewal, and
24 replacement fees shall be non-refundable.
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