Illinois General Assembly - Full Text of Public Act 096-1368
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Public Act 096-1368


 

Public Act 1368 96TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 096-1368
 
SB3421 EnrolledLRB096 17145 RLC 35155 b

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

Effective Date: 7/28/2010