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| [ House Amendment 001 ] |
92_HB2009
LRB9207405DJcs
1 AN ACT in relation to firearms.
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 Section 10 as follows:
6 (430 ILCS 65/10) (from Ch. 38, par. 83-10)
7 Sec. 10. (a) Whenever an application for a Firearm
8 Owner's Identification Card is denied, whenever the
9 Department fails to act on an application within 30 days of
10 its receipt, or whenever such a Card is revoked or seized as
11 provided for in Section 8 of this Act, the aggrieved party
12 may appeal to the Director of the Department of State Police
13 for a hearing upon such denial, revocation or seizure.
14 (b) Whenever, upon the receipt of such an appeal for a
15 hearing, the Director is satisfied that substantial justice
16 has not been done, he may order a hearing to be held by the
17 Department upon the denial or revocation.
18 (c) Any person prohibited from possessing a firearm
19 under Sections 24-1.1 or 24-3.1 of the Criminal Code of 1961
20 or acquiring a Firearm Owner's Identification Card under
21 Section 8 of this Act may apply to the Director of the
22 Department of State Police requesting relief from such
23 prohibition and the Director may grant such relief if it is
24 established by the applicant to the Director's satisfaction
25 that:
26 (1) the applicant has not been convicted of a
27 forcible felony under the laws of this State or any other
28 jurisdiction within 20 years of the applicant's
29 application for a Firearm Owner's Identification Card, or
30 at least 20 years have passed since the end of any period
31 of imprisonment imposed in relation to that conviction,
-2- LRB9207405DJcs
1 (2) the circumstances regarding a criminal
2 conviction, where applicable, the applicant's criminal
3 history and his reputation are such that the applicant
4 will not be likely to act in a manner dangerous to public
5 safety; and
6 (3) granting relief would not be contrary to the
7 public interest.
8 (d) Subsections (a) and (b) of this Section do not apply
9 to a person who has been convicted of a felony under the laws
10 of this or any other jurisdiction. This subsection (d)
11 applies to a denial, revocation, or seizure of a Firearm
12 Owner's Identification Card, or a failure to act on an
13 application for a card within 30 days, made on or after the
14 effective date of this amendatory Act of the 92nd General
15 Assembly.
16 (Source: P.A. 85-920.)
17 Section 99. Effective date. This Act takes effect upon
18 becoming law.