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| 1 | AN ACT concerning firearms.
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| 2 | Be it enacted by the People of the State of Illinois,
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| 3 | represented in the General Assembly:
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| 4 | Section 5. The Firearm Owners Identification Card Act is | ||||||
| 5 | amended by changing Section 10 as follows:
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| 6 | (430 ILCS 65/10) (from Ch. 38, par. 83-10)
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| 7 | Sec. 10. (a) Whenever an application for a Firearm Owner's | ||||||
| 8 | Identification
Card is denied, whenever the Department fails to | ||||||
| 9 | act on an application
within 30 days of its receipt, or | ||||||
| 10 | whenever such a Card is revoked or seized
as provided for in | ||||||
| 11 | Section 8 of this Act, the aggrieved party may
appeal
to the | ||||||
| 12 | Director of the Department of State Police for a hearing upon
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| 13 | such denial, revocation or seizure, unless the denial, | ||||||
| 14 | revocation, or seizure
was based upon a forcible felony, | ||||||
| 15 | stalking, aggravated stalking, domestic
battery, any violation | ||||||
| 16 | of the Illinois Controlled Substances Act, the Methamphetamine | ||||||
| 17 | Control and Community Protection Act, or the
Cannabis Control | ||||||
| 18 | Act that is classified as a Class 2 or greater felony,
any
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| 19 | felony violation of Article 24 of the Criminal Code of 1961, or | ||||||
| 20 | any
adjudication as a delinquent minor for the commission of an
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| 21 | offense that if committed by an adult would be a felony, in | ||||||
| 22 | which case the
aggrieved party may petition the circuit court | ||||||
| 23 | in writing in the county of
his or her residence for a hearing | ||||||
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| 1 | upon such denial, revocation, or seizure.
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| 2 | (b) At least 30 days before any hearing in the circuit | ||||||
| 3 | court, the
petitioner shall serve the
relevant State's Attorney | ||||||
| 4 | with a copy of the petition. The State's Attorney
may object to | ||||||
| 5 | the petition and present evidence. At the hearing the court
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| 6 | shall
determine whether substantial justice has been done. | ||||||
| 7 | Should the court
determine that substantial justice has not | ||||||
| 8 | been done, the court shall issue an
order directing the | ||||||
| 9 | Department of State Police to issue a Card.
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| 10 | (c) Any person prohibited from possessing a firearm under | ||||||
| 11 | Sections 24-1.1
or 24-3.1 of the Criminal Code of 1961 or | ||||||
| 12 | acquiring a Firearm Owner's
Identification Card under Section 8 | ||||||
| 13 | of this Act may apply to
the Director
of the Department of | ||||||
| 14 | State Police
or petition the circuit court in the county where | ||||||
| 15 | the petitioner resides,
whichever is applicable in accordance | ||||||
| 16 | with subsection (a) of this Section,
requesting relief
from | ||||||
| 17 | such prohibition and the Director or court may grant such | ||||||
| 18 | relief if it
is
established by the applicant to the court's or | ||||||
| 19 | Director's satisfaction
that:
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| 20 | (0.05) when in the circuit court, the State's Attorney | ||||||
| 21 | has been served
with a written
copy of the
petition at | ||||||
| 22 | least 30 days before any such hearing in the circuit court | ||||||
| 23 | and at
the hearing the
State's Attorney was afforded an | ||||||
| 24 | opportunity to present evidence and object to
the petition;
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| 25 | (1) the applicant has not been convicted of a forcible | ||||||
| 26 | felony under the
laws of this State or any other | ||||||
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| 1 | jurisdiction within 20 years of the
applicant's | ||||||
| 2 | application for a Firearm Owner's Identification Card, or | ||||||
| 3 | at
least 20 years have passed since the end of any period | ||||||
| 4 | of imprisonment
imposed in relation to that conviction;
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| 5 | (2) the circumstances regarding a criminal conviction, | ||||||
| 6 | where applicable,
the applicant's criminal history and his | ||||||
| 7 | reputation are such that the applicant
will not be likely | ||||||
| 8 | to act in a manner dangerous to public safety; and
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| 9 | (3) granting relief would not be contrary to the public | ||||||
| 10 | interest.
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| 11 | (d) When a minor is adjudicated delinquent for an offense | ||||||
| 12 | which if
committed by an adult would be a felony, the court | ||||||
| 13 | shall notify the Department
of State Police.
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| 14 | (e) The court shall review the denial of an application or | ||||||
| 15 | the revocation of
a Firearm Owner's Identification Card of a | ||||||
| 16 | person who has been adjudicated
delinquent for an offense that | ||||||
| 17 | if
committed by an adult would be a felony if an
application | ||||||
| 18 | for relief has been filed at least 10 years after the | ||||||
| 19 | adjudication
of delinquency and the court determines that the | ||||||
| 20 | applicant should be
granted relief from disability to obtain a | ||||||
| 21 | Firearm Owner's Identification Card.
If the court grants | ||||||
| 22 | relief, the court shall notify the Department of State
Police | ||||||
| 23 | that the disability has
been removed and that the applicant is | ||||||
| 24 | eligible to obtain a Firearm Owner's
Identification Card.
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| 25 | (f) Any person who is prohibited from possessing a firearm | ||||||
| 26 | under 18 U.S.C. 922 (d)(4) and 922 (g)(4) of the federal Gun | ||||||
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| 1 | Control Act of 1968 may apply to the Department of State Police | ||||||
| 2 | requesting relief from such prohibition and the Director shall | ||||||
| 3 | grant such relief if it is established to the Director's | ||||||
| 4 | satisfaction that the person will not be likely to act in a | ||||||
| 5 | manner dangerous to public safety and granting relief would not | ||||||
| 6 | be contrary to the public interest. | ||||||
| 7 | (Source: P.A. 93-367, eff. 1-1-04; 94-556, eff. 9-11-05.)
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| 8 | Section 99. Effective date. This Act takes effect upon | ||||||
| 9 | becoming law.
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