Illinois 2023-2024 Regular Session

Illinois Senate Bill SB3186 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 SB3186 Introduced 2/6/2024, by Sen. Terri Bryant SYNOPSIS AS INTRODUCED: 430 ILCS 65/8 from Ch. 38, par. 83-8430 ILCS 65/8.1 from Ch. 38, par. 83-8.1430 ILCS 65/8.2430 ILCS 65/8.3430 ILCS 65/10 from Ch. 38, par. 83-10 Amends the Firearm Owners Identification Card Act. Provides that notwithstanding any other provision of the Act to the contrary, on or after the effective date of the amendatory Act, the Illinois State Police may not revoke a Firearm Owner's Identification Card. Provides that on or after the effective date of the amendatory Act, a Firearm Owner's Identification Card may only be revoked after a Firearm Owner's Identification Card hearing has been held in the circuit court of the county of residence of the person whose Firearm Owner's Identification Card is sought to be revoked. Provides that if the State's Attorney of the county of residence of the person whose Firearm Owner's Identification Card is sought to be revoked has probable cause to believe that the person who has been issued a Firearm Owner's Identification Card is no longer eligible for the Card under the Act, the State's Attorney shall file a petition in the circuit court of the county of residence of the person whose Card is sought to be revoked. Provides that at the hearing, the person may present evidence in his or her favor seeking retention of his or her Firearm Owner's Identification Card and the Illinois State Police and State's Attorney may present evidence for revocation. Provides that the hearing shall be a civil proceeding and subject to due process, the Code of Civil Procedure, and the Illinois Rules of Evidence as adopted by the Supreme Court. Provides that the hearing shall be held within 45 days after the filing of the petition. Provides that if the circuit court determines, by clear and convincing evidence, that the person is ineligible for retention of his or her Firearm Owner's Identification Card under the Act, the court shall order the Illinois State Police to immediately revoke the Card and the circuit clerk shall seize the Card and transmit the Card to the Illinois State Police. Establishes procedures for the Illinois State Police to suspend a Firearm Owner's Identification Card Act. LRB103 37989 RLC 68121 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3186 Introduced 2/6/2024, by Sen. Terri Bryant SYNOPSIS AS INTRODUCED: 430 ILCS 65/8 from Ch. 38, par. 83-8430 ILCS 65/8.1 from Ch. 38, par. 83-8.1430 ILCS 65/8.2430 ILCS 65/8.3430 ILCS 65/10 from Ch. 38, par. 83-10 430 ILCS 65/8 from Ch. 38, par. 83-8 430 ILCS 65/8.1 from Ch. 38, par. 83-8.1 430 ILCS 65/8.2 430 ILCS 65/8.3 430 ILCS 65/10 from Ch. 38, par. 83-10 Amends the Firearm Owners Identification Card Act. Provides that notwithstanding any other provision of the Act to the contrary, on or after the effective date of the amendatory Act, the Illinois State Police may not revoke a Firearm Owner's Identification Card. Provides that on or after the effective date of the amendatory Act, a Firearm Owner's Identification Card may only be revoked after a Firearm Owner's Identification Card hearing has been held in the circuit court of the county of residence of the person whose Firearm Owner's Identification Card is sought to be revoked. Provides that if the State's Attorney of the county of residence of the person whose Firearm Owner's Identification Card is sought to be revoked has probable cause to believe that the person who has been issued a Firearm Owner's Identification Card is no longer eligible for the Card under the Act, the State's Attorney shall file a petition in the circuit court of the county of residence of the person whose Card is sought to be revoked. Provides that at the hearing, the person may present evidence in his or her favor seeking retention of his or her Firearm Owner's Identification Card and the Illinois State Police and State's Attorney may present evidence for revocation. Provides that the hearing shall be a civil proceeding and subject to due process, the Code of Civil Procedure, and the Illinois Rules of Evidence as adopted by the Supreme Court. Provides that the hearing shall be held within 45 days after the filing of the petition. Provides that if the circuit court determines, by clear and convincing evidence, that the person is ineligible for retention of his or her Firearm Owner's Identification Card under the Act, the court shall order the Illinois State Police to immediately revoke the Card and the circuit clerk shall seize the Card and transmit the Card to the Illinois State Police. Establishes procedures for the Illinois State Police to suspend a Firearm Owner's Identification Card Act. LRB103 37989 RLC 68121 b LRB103 37989 RLC 68121 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3186 Introduced 2/6/2024, by Sen. Terri Bryant SYNOPSIS AS INTRODUCED:
3	3	430 ILCS 65/8 from Ch. 38, par. 83-8430 ILCS 65/8.1 from Ch. 38, par. 83-8.1430 ILCS 65/8.2430 ILCS 65/8.3430 ILCS 65/10 from Ch. 38, par. 83-10 430 ILCS 65/8 from Ch. 38, par. 83-8 430 ILCS 65/8.1 from Ch. 38, par. 83-8.1 430 ILCS 65/8.2 430 ILCS 65/8.3 430 ILCS 65/10 from Ch. 38, par. 83-10
4	4	430 ILCS 65/8 from Ch. 38, par. 83-8
5	5	430 ILCS 65/8.1 from Ch. 38, par. 83-8.1
6	6	430 ILCS 65/8.2
7	7	430 ILCS 65/8.3
8	8	430 ILCS 65/10 from Ch. 38, par. 83-10
9	9	Amends the Firearm Owners Identification Card Act. Provides that notwithstanding any other provision of the Act to the contrary, on or after the effective date of the amendatory Act, the Illinois State Police may not revoke a Firearm Owner's Identification Card. Provides that on or after the effective date of the amendatory Act, a Firearm Owner's Identification Card may only be revoked after a Firearm Owner's Identification Card hearing has been held in the circuit court of the county of residence of the person whose Firearm Owner's Identification Card is sought to be revoked. Provides that if the State's Attorney of the county of residence of the person whose Firearm Owner's Identification Card is sought to be revoked has probable cause to believe that the person who has been issued a Firearm Owner's Identification Card is no longer eligible for the Card under the Act, the State's Attorney shall file a petition in the circuit court of the county of residence of the person whose Card is sought to be revoked. Provides that at the hearing, the person may present evidence in his or her favor seeking retention of his or her Firearm Owner's Identification Card and the Illinois State Police and State's Attorney may present evidence for revocation. Provides that the hearing shall be a civil proceeding and subject to due process, the Code of Civil Procedure, and the Illinois Rules of Evidence as adopted by the Supreme Court. Provides that the hearing shall be held within 45 days after the filing of the petition. Provides that if the circuit court determines, by clear and convincing evidence, that the person is ineligible for retention of his or her Firearm Owner's Identification Card under the Act, the court shall order the Illinois State Police to immediately revoke the Card and the circuit clerk shall seize the Card and transmit the Card to the Illinois State Police. Establishes procedures for the Illinois State Police to suspend a Firearm Owner's Identification Card Act.
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15	15	1 AN ACT concerning safety.
16	16	2 Be it enacted by the People of the State of Illinois,
17	17	3 represented in the General Assembly:
18	18	4 Section 5. The Firearm Owners Identification Card Act is
19	19	5 amended by changing Sections 8, 8.1, 8.2, 8.3, and 10 as
20	20	6 follows:
21	21	7 (430 ILCS 65/8) (from Ch. 38, par. 83-8)
22	22	8 Sec. 8. Grounds for denial and revocation. The Illinois
23	23	9 State Police has authority to deny an application for or to
24	24	10 revoke and seize a Firearm Owner's Identification Card
25	25	11 previously issued under this Act and the circuit court of the
26	26	12 county of the person's residence has the authority to revoke
27	27	13 and order the seizure of the person's Firearm Owner's
28	28	14 Identification Card under subsection (g) of Section 10 only if
29	29	15 the Illinois State Police or circuit court finds that the
30	30	16 applicant or the person to whom such card was issued is or was
31	31	17 at the time of issuance:
32	32	18 (a) A person under 21 years of age who has been
33	33	19 convicted of a misdemeanor other than a traffic offense or
34	34	20 adjudged delinquent;
35	35	21 (b) This subsection (b) applies through the 180th day
36	36	22 following July 12, 2019 (the effective date of Public Act
37	37	23 101-80). A person under 21 years of age who does not have
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41	41	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3186 Introduced 2/6/2024, by Sen. Terri Bryant SYNOPSIS AS INTRODUCED:
42	42	430 ILCS 65/8 from Ch. 38, par. 83-8430 ILCS 65/8.1 from Ch. 38, par. 83-8.1430 ILCS 65/8.2430 ILCS 65/8.3430 ILCS 65/10 from Ch. 38, par. 83-10 430 ILCS 65/8 from Ch. 38, par. 83-8 430 ILCS 65/8.1 from Ch. 38, par. 83-8.1 430 ILCS 65/8.2 430 ILCS 65/8.3 430 ILCS 65/10 from Ch. 38, par. 83-10
43	43	430 ILCS 65/8 from Ch. 38, par. 83-8
44	44	430 ILCS 65/8.1 from Ch. 38, par. 83-8.1
45	45	430 ILCS 65/8.2
46	46	430 ILCS 65/8.3
47	47	430 ILCS 65/10 from Ch. 38, par. 83-10
48	48	Amends the Firearm Owners Identification Card Act. Provides that notwithstanding any other provision of the Act to the contrary, on or after the effective date of the amendatory Act, the Illinois State Police may not revoke a Firearm Owner's Identification Card. Provides that on or after the effective date of the amendatory Act, a Firearm Owner's Identification Card may only be revoked after a Firearm Owner's Identification Card hearing has been held in the circuit court of the county of residence of the person whose Firearm Owner's Identification Card is sought to be revoked. Provides that if the State's Attorney of the county of residence of the person whose Firearm Owner's Identification Card is sought to be revoked has probable cause to believe that the person who has been issued a Firearm Owner's Identification Card is no longer eligible for the Card under the Act, the State's Attorney shall file a petition in the circuit court of the county of residence of the person whose Card is sought to be revoked. Provides that at the hearing, the person may present evidence in his or her favor seeking retention of his or her Firearm Owner's Identification Card and the Illinois State Police and State's Attorney may present evidence for revocation. Provides that the hearing shall be a civil proceeding and subject to due process, the Code of Civil Procedure, and the Illinois Rules of Evidence as adopted by the Supreme Court. Provides that the hearing shall be held within 45 days after the filing of the petition. Provides that if the circuit court determines, by clear and convincing evidence, that the person is ineligible for retention of his or her Firearm Owner's Identification Card under the Act, the court shall order the Illinois State Police to immediately revoke the Card and the circuit clerk shall seize the Card and transmit the Card to the Illinois State Police. Establishes procedures for the Illinois State Police to suspend a Firearm Owner's Identification Card Act.
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51	51	A BILL FOR
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57	57	430 ILCS 65/8 from Ch. 38, par. 83-8
58	58	430 ILCS 65/8.1 from Ch. 38, par. 83-8.1
59	59	430 ILCS 65/8.2
60	60	430 ILCS 65/8.3
61	61	430 ILCS 65/10 from Ch. 38, par. 83-10
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80	80	1 the written consent of his parent or guardian to acquire
81	81	2 and possess firearms and firearm ammunition, or whose
82	82	3 parent or guardian has revoked such written consent, or
83	83	4 where such parent or guardian does not qualify to have a
84	84	5 Firearm Owner's Identification Card;
85	85	6 (b-5) This subsection (b-5) applies on and after the
86	86	7 181st day following July 12, 2019 (the effective date of
87	87	8 Public Act 101-80). A person under 21 years of age who is
88	88	9 not an active duty member of the United States Armed
89	89	10 Forces or the Illinois National Guard and does not have
90	90	11 the written consent of his or her parent or guardian to
91	91	12 acquire and possess firearms and firearm ammunition, or
92	92	13 whose parent or guardian has revoked such written consent,
93	93	14 or where such parent or guardian does not qualify to have a
94	94	15 Firearm Owner's Identification Card;
95	95	16 (c) A person convicted of a felony under the laws of
96	96	17 this or any other jurisdiction;
97	97	18 (d) A person addicted to narcotics;
98	98	19 (e) A person who has been a patient of a mental health
99	99	20 facility within the past 5 years or a person who has been a
100	100	21 patient in a mental health facility more than 5 years ago
101	101	22 who has not received the certification required under
102	102	23 subsection (u) of this Section. An active law enforcement
103	103	24 officer employed by a unit of government or a Department
104	104	25 of Corrections employee authorized to possess firearms who
105	105	26 is denied, revoked, or has his or her Firearm Owner's
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116	116	1 Identification Card seized under this subsection (e) may
117	117	2 obtain relief as described in subsection (c-5) of Section
118	118	3 10 of this Act if the officer or employee did not act in a
119	119	4 manner threatening to the officer or employee, another
120	120	5 person, or the public as determined by the treating
121	121	6 clinical psychologist or physician, and the officer or
122	122	7 employee seeks mental health treatment;
123	123	8 (f) A person whose mental condition is of such a
124	124	9 nature that it poses a clear and present danger to the
125	125	10 applicant, any other person or persons, or the community;
126	126	11 (g) A person who has an intellectual disability;
127	127	12 (h) A person who intentionally makes a false statement
128	128	13 in the Firearm Owner's Identification Card application or
129	129	14 endorsement affidavit;
130	130	15 (i) A noncitizen who is unlawfully present in the
131	131	16 United States under the laws of the United States;
132	132	17 (i-5) A noncitizen who has been admitted to the United
133	133	18 States under a non-immigrant visa (as that term is defined
134	134	19 in Section 101(a)(26) of the Immigration and Nationality
135	135	20 Act (8 U.S.C. 1101(a)(26))), except that this subsection
136	136	21 (i-5) does not apply to any noncitizen who has been
137	137	22 lawfully admitted to the United States under a
138	138	23 non-immigrant visa if that noncitizen is:
139	139	24 (1) admitted to the United States for lawful
140	140	25 hunting or sporting purposes;
141	141	26 (2) an official representative of a foreign
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152	152	1 government who is:
153	153	2 (A) accredited to the United States Government
154	154	3 or the Government's mission to an international
155	155	4 organization having its headquarters in the United
156	156	5 States; or
157	157	6 (B) en route to or from another country to
158	158	7 which that noncitizen is accredited;
159	159	8 (3) an official of a foreign government or
160	160	9 distinguished foreign visitor who has been so
161	161	10 designated by the Department of State;
162	162	11 (4) a foreign law enforcement officer of a
163	163	12 friendly foreign government entering the United States
164	164	13 on official business; or
165	165	14 (5) one who has received a waiver from the
166	166	15 Attorney General of the United States pursuant to 18
167	167	16 U.S.C. 922(y)(3);
168	168	17 (j) (Blank);
169	169	18 (k) A person who has been convicted within the past 5
170	170	19 years of battery, assault, aggravated assault, violation
171	171	20 of an order of protection, or a substantially similar
172	172	21 offense in another jurisdiction, in which a firearm was
173	173	22 used or possessed;
174	174	23 (l) A person who has been convicted of domestic
175	175	24 battery, aggravated domestic battery, or a substantially
176	176	25 similar offense in another jurisdiction committed before,
177	177	26 on or after January 1, 2012 (the effective date of Public
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188	188	1 Act 97-158). If the applicant or person who has been
189	189	2 previously issued a Firearm Owner's Identification Card
190	190	3 under this Act knowingly and intelligently waives the
191	191	4 right to have an offense described in this paragraph (l)
192	192	5 tried by a jury, and by guilty plea or otherwise, results
193	193	6 in a conviction for an offense in which a domestic
194	194	7 relationship is not a required element of the offense but
195	195	8 in which a determination of the applicability of 18 U.S.C.
196	196	9 922(g)(9) is made under Section 112A-11.1 of the Code of
197	197	10 Criminal Procedure of 1963, an entry by the court of a
198	198	11 judgment of conviction for that offense shall be grounds
199	199	12 for denying an application for and for revoking and
200	200	13 seizing a Firearm Owner's Identification Card previously
201	201	14 issued to the person under this Act;
202	202	15 (m) (Blank);
203	203	16 (n) A person who is prohibited from acquiring or
204	204	17 possessing firearms or firearm ammunition by any Illinois
205	205	18 State statute or by federal law;
206	206	19 (o) A minor subject to a petition filed under Section
207	207	20 5-520 of the Juvenile Court Act of 1987 alleging that the
208	208	21 minor is a delinquent minor for the commission of an
209	209	22 offense that if committed by an adult would be a felony;
210	210	23 (p) An adult who had been adjudicated a delinquent
211	211	24 minor under the Juvenile Court Act of 1987 for the
212	212	25 commission of an offense that if committed by an adult
213	213	26 would be a felony;
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224	224	1 (q) A person who is not a resident of the State of
225	225	2 Illinois, except as provided in subsection (a-10) of
226	226	3 Section 4;
227	227	4 (r) A person who has been adjudicated as a person with
228	228	5 a mental disability;
229	229	6 (s) A person who has been found to have a
230	230	7 developmental disability;
231	231	8 (t) A person involuntarily admitted into a mental
232	232	9 health facility; or
233	233	10 (u) A person who has had his or her Firearm Owner's
234	234	11 Identification Card revoked or denied under subsection (e)
235	235	12 of this Section or item (iv) of paragraph (2) of
236	236	13 subsection (a) of Section 4 of this Act because he or she
237	237	14 was a patient in a mental health facility as provided in
238	238	15 subsection (e) of this Section, shall not be permitted to
239	239	16 obtain a Firearm Owner's Identification Card, after the
240	240	17 5-year period has lapsed, unless he or she has received a
241	241	18 mental health evaluation by a physician, clinical
242	242	19 psychologist, or qualified examiner as those terms are
243	243	20 defined in the Mental Health and Developmental
244	244	21 Disabilities Code, and has received a certification that
245	245	22 he or she is not a clear and present danger to himself,
246	246	23 herself, or others. The physician, clinical psychologist,
247	247	24 or qualified examiner making the certification and his or
248	248	25 her employer shall not be held criminally, civilly, or
249	249	26 professionally liable for making or not making the
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260	260	1 certification required under this subsection, except for
261	261	2 willful or wanton misconduct. This subsection does not
262	262	3 apply to a person whose firearm possession rights have
263	263	4 been restored through administrative or judicial action
264	264	5 under Section 10 or 11 of this Act.
265	265	6 Upon revocation of a person's Firearm Owner's
266	266	7 Identification Card, the Illinois State Police shall provide
267	267	8 notice to the person and the person shall comply with Section
268	268	9 9.5 of this Act.
269	269	10 (Source: P.A. 101-80, eff. 7-12-19; 102-538, eff. 8-20-21;
270	270	11 102-645, eff. 1-1-22; 102-813, eff. 5-13-22; 102-1030, eff.
271	271	12 5-27-22; 102-1116, eff. 1-10-23.)
272	272	13 (430 ILCS 65/8.1) (from Ch. 38, par. 83-8.1)
273	273	14 Sec. 8.1. Notifications to the Illinois State Police and
274	274	15 State's Attorney.
275	275	16 (a) The Circuit Clerk shall, in the form and manner
276	276	17 required by the Supreme Court, notify the Illinois State
277	277	18 Police and the State's Attorney of the county of residence of
278	278	19 the person for which the disposition is applicable of all
279	279	20 final dispositions of cases for which the Illinois State
280	280	21 Police Department has received information reported to it
281	281	22 under Sections 2.1 and 2.2 of the Criminal Identification Act.
282	282	23 (b) Upon adjudication of any individual as a person with a
283	283	24 mental disability as defined in Section 1.1 of this Act or a
284	284	25 finding that a person has been involuntarily admitted, the
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295	295	1 court shall direct the circuit court clerk to immediately
296	296	2 notify the Illinois State Police, Firearm Owner's
297	297	3 Identification (FOID) department and the State's Attorney of
298	298	4 the county of residence of the person adjudicated with the
299	299	5 mental disability or involuntarily admitted, and shall forward
300	300	6 a copy of the court order to the Illinois State Police
301	301	7 Department.
302	302	8 (b-1) Beginning July 1, 2016, and each July 1 and December
303	303	9 30 of every year thereafter, the circuit court clerk shall, in
304	304	10 the form and manner prescribed by the Illinois State Police,
305	305	11 notify the Illinois State Police, Firearm Owner's
306	306	12 Identification (FOID) department if the court has not directed
307	307	13 the circuit court clerk to notify the Illinois State Police,
308	308	14 Firearm Owner's Identification (FOID) department under
309	309	15 subsection (b) of this Section, within the preceding 6 months,
310	310	16 because no person has been adjudicated as a person with a
311	311	17 mental disability by the court as defined in Section 1.1 of
312	312	18 this Act or if no person has been involuntarily admitted. The
313	313	19 Supreme Court may adopt any orders or rules necessary to
314	314	20 identify the persons who shall be reported to the Illinois
315	315	21 State Police under subsection (b), or any other orders or
316	316	22 rules necessary to implement the requirements of this Act.
317	317	23 (c) The Department of Human Services shall, in the form
318	318	24 and manner prescribed by the Illinois State Police, report all
319	319	25 information collected under subsection (b) of Section 12 of
320	320	26 the Mental Health and Developmental Disabilities
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331	331	1 Confidentiality Act for the purpose of determining whether a
332	332	2 person who may be or may have been a patient in a mental health
333	333	3 facility is disqualified under State or federal law from
334	334	4 receiving or retaining a Firearm Owner's Identification Card,
335	335	5 or purchasing a weapon.
336	336	6 (d) If a person is determined to pose a clear and present
337	337	7 danger to himself, herself, or to others:
338	338	8 (1) by a physician, clinical psychologist, or
339	339	9 qualified examiner, or is determined to have a
340	340	10 developmental disability by a physician, clinical
341	341	11 psychologist, or qualified examiner, whether employed by
342	342	12 the State or privately, then the physician, clinical
343	343	13 psychologist, or qualified examiner shall, within 24 hours
344	344	14 of making the determination, notify the Department of
345	345	15 Human Services that the person poses a clear and present
346	346	16 danger or has a developmental disability; or
347	347	17 (2) by a law enforcement official or school
348	348	18 administrator, then the law enforcement official or school
349	349	19 administrator shall, within 24 hours of making the
350	350	20 determination, notify the Illinois State Police and the
351	351	21 State's Attorney of the county of residence that the
352	352	22 person poses a clear and present danger.
353	353	23 The Department of Human Services shall immediately update
354	354	24 its records and information relating to mental health and
355	355	25 developmental disabilities, and if appropriate, shall notify
356	356	26 the Illinois State Police in a form and manner prescribed by
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367	367	1 the Illinois State Police and the State's Attorney of the
368	368	2 county of residence of the person. The State's Attorney of the
369	369	3 county of residence of the person Illinois State Police shall
370	370	4 determine whether to seek a hearing before the circuit court
371	371	5 of residence of the person to revoke the person's Firearm
372	372	6 Owner's Identification Card under Section 8 of this Act. Any
373	373	7 information disclosed under this subsection shall remain
374	374	8 privileged and confidential, and shall not be redisclosed,
375	375	9 except as required under subsection (e) of Section 3.1 of this
376	376	10 Act, nor used for any other purpose. The method of providing
377	377	11 this information shall guarantee that the information is not
378	378	12 released beyond what is necessary for the purpose of this
379	379	13 Section and shall be provided by rule by the Department of
380	380	14 Human Services. The identity of the person reporting under
381	381	15 this Section shall not be disclosed to the subject of the
382	382	16 report. The physician, clinical psychologist, qualified
383	383	17 examiner, law enforcement official, or school administrator
384	384	18 making the determination and his or her employer shall not be
385	385	19 held criminally, civilly, or professionally liable for making
386	386	20 or not making the notification required under this subsection,
387	387	21 except for willful or wanton misconduct.
388	388	22 (e) The Supreme Court Illinois State Police shall adopt
389	389	23 rules to implement this Section.
390	390	24 (Source: P.A. 102-538, eff. 8-20-21.)
391	391	25 (430 ILCS 65/8.2)
392	392
393	393
394	394
395	395
396	396
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398	398
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401	401	SB3186 - 11 - LRB103 37989 RLC 68121 b
402	402	1 Sec. 8.2. Firearm Owner's Identification Card denial,
403	403	2 suspension, or revocation. The Illinois State Police shall
404	404	3 deny an application or shall suspend or revoke and seize a
405	405	4 Firearm Owner's Identification Card previously issued under
406	406	5 this Act if the Department finds that the applicant or person
407	407	6 to whom such card was issued is or was at the time of issuance
408	408	7 subject to a protective order issued under the laws of this or
409	409	8 any other jurisdiction. When the duration of the protective
410	410	9 order is expected to be less than 45 days one year, the
411	411	10 Illinois State Police may suspend the Firearm Owner's
412	412	11 Identification Card under Section 8.3 of the Act and shall
413	413	12 reinstate it upon conclusion of the suspension if no other
414	414	13 grounds for denial or revocation are found under Section 8 of
415	415	14 the Act.
416	416	15 (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21.)
417	417	16 (430 ILCS 65/8.3)
418	418	17 Sec. 8.3. Suspension of Firearm Owner's Identification
419	419	18 Card. The Illinois State Police may suspend the Firearm
420	420	19 Owner's Identification Card of a person whose Firearm Owner's
421	421	20 Identification Card is subject to revocation and seizure under
422	422	21 this Act for a period of not less than 30 days and not more
423	423	22 than 45 days. The Illinois State Police shall schedule a
424	424	23 revocation hearing with the clerk of the circuit court and the
425	425	24 State's Attorney of the county of the person's residence not
426	426	25 less than 30 days and not more than 45 days after the
427	427
428	428
429	429
430	430
431	431
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433	433
434	434
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436	436	SB3186 - 12 - LRB103 37989 RLC 68121 b
437	437	1 suspension of the person's Firearm Owner's Identification
438	438	2 Card. If the hearing is not scheduled within that 45-day
439	439	3 period, the Illinois State Police shall reinstate the person's
440	440	4 Firearm Owner's Identification Card and may not seek
441	441	5 revocation of that person's Firearm Owner's Identification
442	442	6 Card. The hearing shall be conducted in the manner provided in
443	443	7 subsection (g) of Section 10 the duration of the
444	444	8 disqualification if the disqualification is not a permanent
445	445	9 ground for revocation of a Firearm Owner's Identification Card
446	446	10 under this Act. The Illinois State Police may adopt rules
447	447	11 necessary to implement this Section.
448	448	12 (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
449	449	13 102-813, eff. 5-13-22; 103-154, eff. 6-30-23.)
450	450	14 (430 ILCS 65/10) (from Ch. 38, par. 83-10)
451	451	15 Sec. 10. Appeals; hearing; relief from firearm
452	452	16 prohibitions.
453	453	17 (a) Whenever an application for a Firearm Owner's
454	454	18 Identification Card is denied or whenever such a Card is
455	455	19 revoked or seized as provided for in Section 8 of this Act, the
456	456	20 aggrieved party may (1) file a record challenge with the
457	457	21 Director regarding the record upon which the decision to deny
458	458	22 or revoke the Firearm Owner's Identification Card was based
459	459	23 under subsection (a-5); or (2) appeal to the Director of the
460	460	24 Illinois State Police through December 31, 2022, or beginning
461	461	25 January 1, 2023, the Firearm Owner's Identification Card
462	462
463	463
464	464
465	465
466	466
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468	468
469	469
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471	471	SB3186 - 13 - LRB103 37989 RLC 68121 b
472	472	1 Review Board for a hearing seeking relief from such denial or
473	473	2 revocation unless the denial or revocation was based upon a
474	474	3 forcible felony, stalking, aggravated stalking, domestic
475	475	4 battery, any violation of the Illinois Controlled Substances
476	476	5 Act, the Methamphetamine Control and Community Protection Act,
477	477	6 or the Cannabis Control Act that is classified as a Class 2 or
478	478	7 greater felony, any felony violation of Article 24 of the
479	479	8 Criminal Code of 1961 or the Criminal Code of 2012, or any
480	480	9 adjudication as a delinquent minor for the commission of an
481	481	10 offense that if committed by an adult would be a felony, in
482	482	11 which case the aggrieved party may petition the circuit court
483	483	12 in writing in the county of his or her residence for a hearing
484	484	13 seeking relief from such denial or revocation.
485	485	14 (a-5) There is created a Firearm Owner's Identification
486	486	15 Card Review Board to consider any appeal under subsection (a)
487	487	16 beginning January 1, 2023, other than an appeal directed to
488	488	17 the circuit court and except when the applicant is challenging
489	489	18 the record upon which the decision to deny or revoke was based
490	490	19 as provided in subsection (a-10).
491	491	20 (0.05) In furtherance of the policy of this Act that
492	492	21 the Board shall exercise its powers and duties in an
493	493	22 independent manner, subject to the provisions of this Act
494	494	23 but free from the direction, control, or influence of any
495	495	24 other agency or department of State government. All
496	496	25 expenses and liabilities incurred by the Board in the
497	497	26 performance of its responsibilities hereunder shall be
498	498
499	499
500	500
501	501
502	502
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504	504
505	505
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507	507	SB3186 - 14 - LRB103 37989 RLC 68121 b
508	508	1 paid from funds which shall be appropriated to the Board
509	509	2 by the General Assembly for the ordinary and contingent
510	510	3 expenses of the Board.
511	511	4 (1) The Board shall consist of 7 members appointed by
512	512	5 the Governor, with the advice and consent of the Senate,
513	513	6 with 3 members residing within the First Judicial District
514	514	7 and one member residing within each of the 4 remaining
515	515	8 Judicial Districts. No more than 4 members shall be
516	516	9 members of the same political party. The Governor shall
517	517	10 designate one member as the chairperson. The members shall
518	518	11 have actual experience in law, education, social work,
519	519	12 behavioral sciences, law enforcement, or community affairs
520	520	13 or in a combination of those areas.
521	521	14 (2) The terms of the members initially appointed after
522	522	15 January 1, 2022 (the effective date of Public Act 102-237)
523	523	16 shall be as follows: one of the initial members shall be
524	524	17 appointed for a term of one year, 3 shall be appointed for
525	525	18 terms of 2 years, and 3 shall be appointed for terms of 4
526	526	19 years. Thereafter, members shall hold office for 4 years,
527	527	20 with terms expiring on the second Monday in January
528	528	21 immediately following the expiration of their terms and
529	529	22 every 4 years thereafter. Members may be reappointed.
530	530	23 Vacancies in the office of member shall be filled in the
531	531	24 same manner as the original appointment, for the remainder
532	532	25 of the unexpired term. The Governor may remove a member
533	533	26 for incompetence, neglect of duty, malfeasance, or
534	534
535	535
536	536
537	537
538	538
539	539	SB3186 - 14 - LRB103 37989 RLC 68121 b
540	540
541	541
542	542	SB3186- 15 -LRB103 37989 RLC 68121 b SB3186 - 15 - LRB103 37989 RLC 68121 b
543	543	SB3186 - 15 - LRB103 37989 RLC 68121 b
544	544	1 inability to serve. Members shall receive compensation in
545	545	2 an amount equal to the compensation of members of the
546	546	3 Executive Ethics Commission and, beginning July 1, 2023,
547	547	4 shall be compensated from appropriations provided to the
548	548	5 Comptroller for this purpose. Members may be reimbursed,
549	549	6 from funds appropriated for such a purpose, for reasonable
550	550	7 expenses actually incurred in the performance of their
551	551	8 Board duties. The Illinois State Police shall designate an
552	552	9 employee to serve as Executive Director of the Board and
553	553	10 provide logistical and administrative assistance to the
554	554	11 Board.
555	555	12 (3) The Board shall meet at least quarterly each year
556	556	13 and at the call of the chairperson as often as necessary to
557	557	14 consider appeals of decisions made with respect to
558	558	15 applications for a Firearm Owner's Identification Card
559	559	16 under this Act. If necessary to ensure the participation
560	560	17 of a member, the Board shall allow a member to participate
561	561	18 in a Board meeting by electronic communication. Any member
562	562	19 participating electronically shall be deemed present for
563	563	20 purposes of establishing a quorum and voting.
564	564	21 (4) The Board shall adopt rules for the review of
565	565	22 appeals and the conduct of hearings. The Board shall
566	566	23 maintain a record of its decisions and all materials
567	567	24 considered in making its decisions. All Board decisions
568	568	25 and voting records shall be kept confidential and all
569	569	26 materials considered by the Board shall be exempt from
570	570
571	571
572	572
573	573
574	574
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576	576
577	577
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579	579	SB3186 - 16 - LRB103 37989 RLC 68121 b
580	580	1 inspection except upon order of a court.
581	581	2 (5) In considering an appeal, the Board shall review
582	582	3 the materials received concerning the denial or revocation
583	583	4 by the Illinois State Police. By a vote of at least 4
584	584	5 members, the Board may request additional information from
585	585	6 the Illinois State Police or the applicant or the
586	586	7 testimony of the Illinois State Police or the applicant.
587	587	8 The Board may require that the applicant submit electronic
588	588	9 fingerprints to the Illinois State Police for an updated
589	589	10 background check if the Board determines it lacks
590	590	11 sufficient information to determine eligibility. The Board
591	591	12 may consider information submitted by the Illinois State
592	592	13 Police, a law enforcement agency, or the applicant. The
593	593	14 Board shall review each denial or revocation and determine
594	594	15 by a majority of members whether an applicant should be
595	595	16 granted relief under subsection (c).
596	596	17 (6) The Board shall by order issue summary decisions.
597	597	18 The Board shall issue a decision within 45 days of
598	598	19 receiving all completed appeal documents from the Illinois
599	599	20 State Police and the applicant. However, the Board need
600	600	21 not issue a decision within 45 days if:
601	601	22 (A) the Board requests information from the
602	602	23 applicant, including, but not limited to, electronic
603	603	24 fingerprints to be submitted to the Illinois State
604	604	25 Police, in accordance with paragraph (5) of this
605	605	26 subsection, in which case the Board shall make a
606	606
607	607
608	608
609	609
610	610
611	611	SB3186 - 16 - LRB103 37989 RLC 68121 b
612	612
613	613
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615	615	SB3186 - 17 - LRB103 37989 RLC 68121 b
616	616	1 decision within 30 days of receipt of the required
617	617	2 information from the applicant;
618	618	3 (B) the applicant agrees, in writing, to allow the
619	619	4 Board additional time to consider an appeal; or
620	620	5 (C) the Board notifies the applicant and the
621	621	6 Illinois State Police that the Board needs an
622	622	7 additional 30 days to issue a decision. The Board may
623	623	8 only issue 2 extensions under this subparagraph (C).
624	624	9 The Board's notification to the applicant and the
625	625	10 Illinois State Police shall include an explanation for
626	626	11 the extension.
627	627	12 (7) If the Board determines that the applicant is
628	628	13 eligible for relief under subsection (c), the Board shall
629	629	14 notify the applicant and the Illinois State Police that
630	630	15 relief has been granted and the Illinois State Police
631	631	16 shall issue the Card.
632	632	17 (8) Meetings of the Board shall not be subject to the
633	633	18 Open Meetings Act and records of the Board shall not be
634	634	19 subject to the Freedom of Information Act.
635	635	20 (9) The Board shall report monthly to the Governor and
636	636	21 the General Assembly on the number of appeals received and
637	637	22 provide details of the circumstances in which the Board
638	638	23 has determined to deny Firearm Owner's Identification
639	639	24 Cards under this subsection (a-5). The report shall not
640	640	25 contain any identifying information about the applicants.
641	641	26 (a-10) Whenever an applicant or cardholder is not seeking
642	642
643	643
644	644
645	645
646	646
647	647	SB3186 - 17 - LRB103 37989 RLC 68121 b
648	648
649	649
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651	651	SB3186 - 18 - LRB103 37989 RLC 68121 b
652	652	1 relief from a firearms prohibition under subsection (c) but
653	653	2 rather does not believe the applicant is appropriately denied
654	654	3 or revoked and is challenging the record upon which the
655	655	4 decision to deny or revoke the Firearm Owner's Identification
656	656	5 Card was based, or whenever the Illinois State Police fails to
657	657	6 act on an application within 30 days of its receipt, the
658	658	7 applicant shall file such challenge with the Director. The
659	659	8 Director shall render a decision within 60 business days of
660	660	9 receipt of all information supporting the challenge. The
661	661	10 Illinois State Police shall adopt rules for the review of a
662	662	11 record challenge.
663	663	12 (b) At least 30 days before any hearing in the circuit
664	664	13 court, the petitioner shall serve the relevant State's
665	665	14 Attorney with a copy of the petition. The State's Attorney may
666	666	15 object to the petition and present evidence. At the hearing,
667	667	16 the court shall determine whether substantial justice has been
668	668	17 done. Should the court determine that substantial justice has
669	669	18 not been done, the court shall issue an order directing the
670	670	19 Illinois State Police to issue a Card. However, the court
671	671	20 shall not issue the order if the petitioner is otherwise
672	672	21 prohibited from obtaining, possessing, or using a firearm
673	673	22 under federal law.
674	674	23 (c) Any person prohibited from possessing a firearm under
675	675	24 Sections 24-1.1 or 24-3.1 of the Criminal Code of 2012 or
676	676	25 acquiring a Firearm Owner's Identification Card under Section
677	677	26 8 of this Act may apply to the Firearm Owner's Identification
678	678
679	679
680	680
681	681
682	682
683	683	SB3186 - 18 - LRB103 37989 RLC 68121 b
684	684
685	685
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687	687	SB3186 - 19 - LRB103 37989 RLC 68121 b
688	688	1 Card Review Board or petition the circuit court in the county
689	689	2 where the petitioner resides, whichever is applicable in
690	690	3 accordance with subsection (a) of this Section, requesting
691	691	4 relief from such prohibition and the Board or court may grant
692	692	5 such relief if it is established by the applicant to the
693	693	6 court's or the Board's satisfaction that:
694	694	7 (0.05) when in the circuit court, the State's Attorney
695	695	8 has been served with a written copy of the petition at
696	696	9 least 30 days before any such hearing in the circuit court
697	697	10 and at the hearing the State's Attorney was afforded an
698	698	11 opportunity to present evidence and object to the
699	699	12 petition;
700	700	13 (1) the applicant has not been convicted of a forcible
701	701	14 felony under the laws of this State or any other
702	702	15 jurisdiction within 20 years of the applicant's
703	703	16 application for a Firearm Owner's Identification Card, or
704	704	17 at least 20 years have passed since the end of any period
705	705	18 of imprisonment imposed in relation to that conviction;
706	706	19 (2) the circumstances regarding a criminal conviction,
707	707	20 where applicable, the applicant's criminal history and his
708	708	21 reputation are such that the applicant will not be likely
709	709	22 to act in a manner dangerous to public safety;
710	710	23 (3) granting relief would not be contrary to the
711	711	24 public interest; and
712	712	25 (4) granting relief would not be contrary to federal
713	713	26 law.
714	714
715	715
716	716
717	717
718	718
719	719	SB3186 - 19 - LRB103 37989 RLC 68121 b
720	720
721	721
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723	723	SB3186 - 20 - LRB103 37989 RLC 68121 b
724	724	1 (c-5) (1) An active law enforcement officer employed by a
725	725	2 unit of government or a Department of Corrections employee
726	726	3 authorized to possess firearms who is denied a , revoked, or
727	727	4 has his or her Firearm Owner's Identification Card seized
728	728	5 under subsection (e) of Section 8 of this Act may apply to the
729	729	6 Firearm Owner's Identification Card Review Board requesting
730	730	7 relief if the officer or employee did not act in a manner
731	731	8 threatening to the officer or employee, another person, or the
732	732	9 public as determined by the treating clinical psychologist or
733	733	10 physician, and as a result of his or her work is referred by
734	734	11 the employer for or voluntarily seeks mental health evaluation
735	735	12 or treatment by a licensed clinical psychologist,
736	736	13 psychiatrist, or qualified examiner, and:
737	737	14 (A) the officer or employee has not received treatment
738	738	15 involuntarily at a mental health facility, regardless of
739	739	16 the length of admission; or has not been voluntarily
740	740	17 admitted to a mental health facility for more than 30 days
741	741	18 and not for more than one incident within the past 5 years;
742	742	19 and
743	743	20 (B) the officer or employee has not left the mental
744	744	21 institution against medical advice.
745	745	22 (2) The Firearm Owner's Identification Card Review Board
746	746	23 shall grant expedited relief to active law enforcement
747	747	24 officers and employees described in paragraph (1) of this
748	748	25 subsection (c-5) upon a determination by the Board that the
749	749	26 officer's or employee's possession of a firearm does not
750	750
751	751
752	752
753	753
754	754
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756	756
757	757
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759	759	SB3186 - 21 - LRB103 37989 RLC 68121 b
760	760	1 present a threat to themselves, others, or public safety. The
761	761	2 Board shall act on the request for relief within 30 business
762	762	3 days of receipt of:
763	763	4 (A) a notarized statement from the officer or employee
764	764	5 in the form prescribed by the Board detailing the
765	765	6 circumstances that led to the hospitalization;
766	766	7 (B) all documentation regarding the admission,
767	767	8 evaluation, treatment and discharge from the treating
768	768	9 licensed clinical psychologist or psychiatrist of the
769	769	10 officer;
770	770	11 (C) a psychological fitness for duty evaluation of the
771	771	12 person completed after the time of discharge; and
772	772	13 (D) written confirmation in the form prescribed by the
773	773	14 Board from the treating licensed clinical psychologist or
774	774	15 psychiatrist that the provisions set forth in paragraph
775	775	16 (1) of this subsection (c-5) have been met, the person
776	776	17 successfully completed treatment, and their professional
777	777	18 opinion regarding the person's ability to possess
778	778	19 firearms.
779	779	20 (3) Officers and employees eligible for the expedited
780	780	21 relief in paragraph (2) of this subsection (c-5) have the
781	781	22 burden of proof on eligibility and must provide all
782	782	23 information required. The Board may not consider granting
783	783	24 expedited relief until the proof and information is received.
784	784	25 (4) "Clinical psychologist", "psychiatrist", and
785	785	26 "qualified examiner" shall have the same meaning as provided
786	786
787	787
788	788
789	789
790	790
791	791	SB3186 - 21 - LRB103 37989 RLC 68121 b
792	792
793	793
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795	795	SB3186 - 22 - LRB103 37989 RLC 68121 b
796	796	1 in Chapter I of the Mental Health and Developmental
797	797	2 Disabilities Code.
798	798	3 (c-10) (1) An applicant, who is denied a , revoked, or has
799	799	4 his or her Firearm Owner's Identification Card seized under
800	800	5 subsection (e) of Section 8 of this Act based upon a
801	801	6 determination of a developmental disability or an intellectual
802	802	7 disability may apply to the Firearm Owner's Identification
803	803	8 Card Review Board requesting relief.
804	804	9 (2) The Board shall act on the request for relief within 60
805	805	10 business days of receipt of written certification, in the form
806	806	11 prescribed by the Board, from a physician or clinical
807	807	12 psychologist, or qualified examiner, that the aggrieved
808	808	13 party's developmental disability or intellectual disability
809	809	14 condition is determined by a physician, clinical psychologist,
810	810	15 or qualified to be mild. If a fact-finding conference is
811	811	16 scheduled to obtain additional information concerning the
812	812	17 circumstances of the denial or revocation, the 60 business
813	813	18 days the Director has to act shall be tolled until the
814	814	19 completion of the fact-finding conference.
815	815	20 (3) The Board may grant relief if the aggrieved party's
816	816	21 developmental disability or intellectual disability is mild as
817	817	22 determined by a physician, clinical psychologist, or qualified
818	818	23 examiner and it is established by the applicant to the Board's
819	819	24 satisfaction that:
820	820	25 (A) granting relief would not be contrary to the
821	821	26 public interest; and
822	822
823	823
824	824
825	825
826	826
827	827	SB3186 - 22 - LRB103 37989 RLC 68121 b
828	828
829	829
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831	831	SB3186 - 23 - LRB103 37989 RLC 68121 b
832	832	1 (B) granting relief would not be contrary to federal
833	833	2 law.
834	834	3 (4) The Board may not grant relief if the condition is
835	835	4 determined by a physician, clinical psychologist, or qualified
836	836	5 examiner to be moderate, severe, or profound.
837	837	6 (5) The changes made to this Section by Public Act 99-29
838	838	7 apply to requests for relief pending on or before July 10, 2015
839	839	8 (the effective date of Public Act 99-29), except that the
840	840	9 60-day period for the Director to act on requests pending
841	841	10 before the effective date shall begin on July 10, 2015 (the
842	842	11 effective date of Public Act 99-29). All appeals as provided
843	843	12 in subsection (a-5) pending on January 1, 2023 shall be
844	844	13 considered by the Board.
845	845	14 (d) When a minor is adjudicated delinquent for an offense
846	846	15 which if committed by an adult would be a felony, the court
847	847	16 shall notify the Illinois State Police.
848	848	17 (e) The court shall review the denial of an application or
849	849	18 the revocation of a Firearm Owner's Identification Card of a
850	850	19 person who has been adjudicated delinquent for an offense that
851	851	20 if committed by an adult would be a felony if an application
852	852	21 for relief has been filed at least 10 years after the
853	853	22 adjudication of delinquency and the court determines that the
854	854	23 applicant should be granted relief from disability to obtain a
855	855	24 Firearm Owner's Identification Card. If the court grants
856	856	25 relief, the court shall notify the Illinois State Police that
857	857	26 the disability has been removed and that the applicant is
858	858
859	859
860	860
861	861
862	862
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864	864
865	865
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867	867	SB3186 - 24 - LRB103 37989 RLC 68121 b
868	868	1 eligible to obtain a Firearm Owner's Identification Card.
869	869	2 (f) Any person who is subject to the disabilities of 18
870	870	3 U.S.C. 922(d)(4) and 922(g)(4) of the federal Gun Control Act
871	871	4 of 1968 because of an adjudication or commitment that occurred
872	872	5 under the laws of this State or who was determined to be
873	873	6 subject to the provisions of subsections (e), (f), or (g) of
874	874	7 Section 8 of this Act may apply to the Illinois State Police
875	875	8 requesting relief from that prohibition. The Board shall grant
876	876	9 the relief if it is established by a preponderance of the
877	877	10 evidence that the person will not be likely to act in a manner
878	878	11 dangerous to public safety and that granting relief would not
879	879	12 be contrary to the public interest. In making this
880	880	13 determination, the Board shall receive evidence concerning (i)
881	881	14 the circumstances regarding the firearms disabilities from
882	882	15 which relief is sought; (ii) the petitioner's mental health
883	883	16 and criminal history records, if any; (iii) the petitioner's
884	884	17 reputation, developed at a minimum through character witness
885	885	18 statements, testimony, or other character evidence; and (iv)
886	886	19 changes in the petitioner's condition or circumstances since
887	887	20 the disqualifying events relevant to the relief sought. If
888	888	21 relief is granted under this subsection or by order of a court
889	889	22 under this Section, the Director shall as soon as practicable
890	890	23 but in no case later than 15 business days, update, correct,
891	891	24 modify, or remove the person's record in any database that the
892	892	25 Illinois State Police makes available to the National Instant
893	893	26 Criminal Background Check System and notify the United States
894	894
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904	904	1 Attorney General that the basis for the record being made
905	905	2 available no longer applies. The Illinois State Police shall
906	906	3 adopt rules for the administration of this Section.
907	907	4 (g) Notwithstanding any other provision of this Act to the
908	908	5 contrary, on or after the effective date of this amendatory
909	909	6 Act of the 103rd General Assembly, the Illinois State Police
910	910	7 may not revoke a Firearm Owner's Identification Card. On or
911	911	8 after the effective date of this amendatory Act of the 103rd
912	912	9 General Assembly, a Firearm Owner's Identification Card may
913	913	10 only be revoked after a Firearm Owner's Identification Card
914	914	11 hearing has been held in the circuit court of the county of
915	915	12 residence of the person whose Firearm Owner's Identification
916	916	13 Card is sought to be revoked. If the State's Attorney of the
917	917	14 county of residence of the person whose Firearm Owner's
918	918	15 Identification Card is sought to be revoked has probable cause
919	919	16 to believe that the person who has been issued a Firearm
920	920	17 Owner's Identification Card is no longer eligible for the Card
921	921	18 under Section 8, the State's Attorney shall file a petition in
922	922	19 the circuit court of the county of residence of the person
923	923	20 whose Card is sought to be revoked. At the hearing, the person
924	924	21 may present evidence in his or her favor seeking retention of
925	925	22 his or her Firearm Owner's Identification Card and the
926	926	23 Illinois State Police and State's Attorney may present
927	927	24 evidence for revocation. The hearing shall be a civil
928	928	25 proceeding and subject to due process, the Code of Civil
929	929	26 Procedure, and the Illinois Rules of Evidence as adopted by
930	930
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