HB5788 102ND GENERAL ASSEMBLY

LRB102 28590 RLC 40480 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB5788

Introduced 11/16/2022, by Rep. Keith R. Wheeler

SYNOPSIS AS INTRODUCED:

430 ILCS 67/10

Amends the Firearms Restraining Order Act. Provides that a firearms restraining order may be granted against a respondent under the Act regardless of whether the respondent has in his or her custody or control a firearm, ammunition, or firearm parts that could be assembled to make an operable firearm.

A BILL FOR

AN ACT concerning safety.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Firearms Restraining Order Act is amended by changing Section 10 as follows:

(430 ILCS 67/10)

Sec. 10. Commencement of action; procedure.

(a) An action for a firearms restraining order is commenced by filing a verified petition for a firearms restraining order in any circuit court.

(b) A petition for a firearms restraining order may be filed in: (1) any county where the respondent resides or (2) any county where an incident occurred that involved the respondent posing an immediate and present danger of causing personal injury to the respondent or another by having in his or her custody or control, or purchasing, possessing, or receiving, a firearm, ammunition, or firearm parts that could be assembled to make an operable firearm.

(c) No fee shall be charged by the clerk for filing, amending, vacating, certifying, printing, or photocopying petitions or orders; or for issuing alias summons; or for any related filing service. No fee shall be charged by the sheriff or other law enforcement for service by the sheriff or other law enforcement of a petition, rule, motion, or order in an action commenced under this Section.

(d) The court shall provide, through the office of the clerk of the court, simplified forms and clerical assistance to help with the writing and filing of a petition under this Section by any person not represented by counsel. In addition, that assistance may be provided by the State's Attorney.

(e) A firearms restraining order may be granted against a respondent under this Act regardless of whether the respondent has in his or her custody or control a firearm, ammunition, or firearm parts that could be assembled to make an operable firearm.

(Source: P.A. 101-81, eff. 7-12-19; 102-345, eff. 6-1-22.)