Illinois Senate Bill SB2334

Illinois 2023-2024 Regular Session

• Introduced: 2/10/23
• Refer: 2/10/23

Caption

FOID-REVOCATION-SUSPENSION

Impact

The introduction of SB2334 is anticipated to shift the regulatory landscape regarding firearm ownership in Illinois. By requiring a court hearing for the card's revocation, the bill aims to enhance due process for individuals accused of being ineligible to own firearms. Supporters of the bill argue that these changes will protect individuals’ rights against administrative revocation actions that may be perceived as arbitrary or lacking sufficient justification. As such, the bill could prevent revocations without thorough legal scrutiny and minimize potential errors in the determination of eligibility.

Summary

SB2334 amends the Firearm Owners Identification Card Act in Illinois, establishing more stringent procedures for the suspension and revocation of firearm ownership cards. It specifically states that, from the effective date of the act, the Illinois State Police may not revoke a Firearm Owner's Identification Card without a court hearing. This hearing must take place in the circuit court of the cardholder's county of residence, allowing the cardholder to present evidence to retain their card. The State's Attorney can petition for the revocation if they believe the cardholder is no longer eligible to hold the card under the law.

Contention

Notably, some lawmakers and advocacy groups fear that the bill could complicate and prolong the process of firearm ownership regulation in Illinois. While proponents emphasize the need for safeguarding civil liberties, critics argue that the increased legal obligations could delay the state's ability to swiftly remove firearms from individuals deemed a threat. This situation could pose a public safety risk if the process of gathering evidence and conducting hearings extends beyond a reasonable timeframe, particularly in urgent cases involving allegations of dangerous behavior.