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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 | of the county where the petition is brought and the State's | ||||||
5 | Attorney of the county where the conviction occurred with a | ||||||
6 | copy of the petition. The State's Attorney
of the county where | ||||||
7 | the petition is brought may object to the petition and present | ||||||
8 | evidence. At the hearing the court
shall
determine whether | ||||||
9 | substantial justice has been done. Should the court
determine | ||||||
10 | that substantial justice has not been done, the court shall | ||||||
11 | issue an
order directing the Department of State Police to | ||||||
12 | issue a Card.
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13 | (c) Any person prohibited from possessing a firearm under | ||||||
14 | Sections 24-1.1
or 24-3.1 of the Criminal Code of 1961 or | ||||||
15 | acquiring a Firearm Owner's
Identification Card under Section 8 | ||||||
16 | of this Act may apply to
the Director
of the Department of | ||||||
17 | State Police
or petition the circuit court in the county where | ||||||
18 | the petitioner resides,
whichever is applicable in accordance | ||||||
19 | with subsection (a) of this Section,
requesting relief
from | ||||||
20 | such prohibition and the Director or court may grant such | ||||||
21 | relief if it
is
established by the applicant to the court's or | ||||||
22 | Director's satisfaction
that:
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23 | (0.05) when in the circuit court, the State's Attorney | ||||||
24 | of the county where the petition was brought has been | ||||||
25 | served
with a written
copy of the
petition at least 30 days | ||||||
26 | before any such hearing in the circuit court and at
the |
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1 | hearing the
State's Attorney of the county where the | ||||||
2 | petition was brought was afforded an opportunity to present | ||||||
3 | evidence and object to
the petition;
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4 | (1) the applicant has not been convicted of a forcible | ||||||
5 | felony under the
laws of this State or any other | ||||||
6 | jurisdiction within 20 years of the
applicant's | ||||||
7 | application for a Firearm Owner's Identification Card, or | ||||||
8 | at
least 20 years have passed since the end of any period | ||||||
9 | of imprisonment
imposed in relation to that conviction;
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10 | (2) the circumstances regarding a criminal conviction, | ||||||
11 | where applicable,
the applicant's criminal history and his | ||||||
12 | reputation are such that the applicant
will not be likely | ||||||
13 | to act in a manner dangerous to public safety; and
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14 | (3) granting relief would not be contrary to the public | ||||||
15 | interest.
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16 | (d) When a minor is adjudicated delinquent for an offense | ||||||
17 | which if
committed by an adult would be a felony, the court | ||||||
18 | shall notify the Department
of State Police.
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19 | (e) The court shall review the denial of an application or | ||||||
20 | the revocation of
a Firearm Owner's Identification Card of a | ||||||
21 | person who has been adjudicated
delinquent for an offense that | ||||||
22 | if
committed by an adult would be a felony if an
application | ||||||
23 | for relief has been filed at least 10 years after the | ||||||
24 | adjudication
of delinquency and the court determines that the | ||||||
25 | applicant should be
granted relief from disability to obtain a | ||||||
26 | Firearm Owner's Identification Card.
If the court grants |
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1 | relief, the court shall notify the Department of State
Police | ||||||
2 | that the disability has
been removed and that the applicant is | ||||||
3 | eligible to obtain a Firearm Owner's
Identification Card.
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4 | (Source: P.A. 93-367, eff. 1-1-04; 94-556, eff. 9-11-05.)
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