Illinois General Assembly - Full Text of HB3355
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Full Text of HB3355  103rd General Assembly

HB3355 103RD GENERAL ASSEMBLY

  
  

 


 
103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB3355

 

Introduced 2/17/2023, by Rep. David Friess - Patrick Windhorst

 

SYNOPSIS AS INTRODUCED:
 
430 ILCS 65/8  from Ch. 38, par. 83-8
430 ILCS 65/8.1  from Ch. 38, par. 83-8.1
430 ILCS 65/8.2
430 ILCS 65/8.3
430 ILCS 65/10  from Ch. 38, par. 83-10

    Amends the Firearm Owners Identification Card Act. Provides that notwithstanding any other provision of the Act to the contrary, on or after the effective date of the amendatory Act, the Illinois State Police may not revoke a Firearm Owner's Identification Card. Provides that on or after the effective date of the amendatory Act, a Firearm Owner's Identification Card may only be revoked after a Firearm Owner's Identification Card hearing has been held in the circuit court of the county of residence of the person whose Firearm Owner's Identification Card is sought to be revoked. Provides that if the State's Attorney of the county of residence of the person whose Firearm Owner's Identification Card is sought to be revoked has probable cause to believe that the person who has been issued a Firearm Owner's Identification Card is no longer eligible for the Card under the Act, the State's Attorney shall file a petition in the circuit court of the county of residence of the person whose Card is sought to be revoked. Provides that at the hearing, the person may present evidence in his or her favor seeking retention of his or her Firearm Owner's Identification Card and the Illinois State Police and State's Attorney may present evidence for revocation. Provides that the hearing shall be a civil proceeding and subject to due process, the Code of Civil Procedure, and the Illinois Rules of Evidence as adopted by the Supreme Court. Provides that the hearing shall be held within 45 days after the filing of the petition. Provides that if the circuit court determines, by clear and convincing evidence, that the person is ineligible for retention of his or her Firearm Owner's Identification Card under the Act, the court shall order the Illinois State Police to immediately revoke the Card and the circuit clerk shall seize the Card and transmit the Card to the Illinois State Police. Establishes procedures for the Illinois State Police to suspend a Firearm Owner's Identification Card Act.


LRB103 25592 RLC 51941 b

 

 

A BILL FOR

 

HB3355LRB103 25592 RLC 51941 b

1    AN ACT concerning safety.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Firearm Owners Identification Card Act is
5amended by changing Sections 8, 8.1, 8.2, 8.3, and 10 as
6follows:
 
7    (430 ILCS 65/8)  (from Ch. 38, par. 83-8)
8    Sec. 8. Grounds for denial and revocation. The Illinois
9State Police has authority to deny an application for or to
10revoke and seize a Firearm Owner's Identification Card
11previously issued under this Act and the circuit court of the
12county of the person's residence has the authority to revoke
13and order the seizure of the person's Firearm Owner's
14Identification Card under subsection (g) of Section 10 only if
15the Illinois State Police or circuit court finds that the
16applicant or the person to whom such card was issued is or was
17at the time of issuance:
18        (a) A person under 21 years of age who has been
19    convicted of a misdemeanor other than a traffic offense or
20    adjudged delinquent;
21        (b) This subsection (b) applies through the 180th day
22    following July 12, 2019 (the effective date of Public Act
23    101-80). A person under 21 years of age who does not have

 

 

HB3355- 2 -LRB103 25592 RLC 51941 b

1    the written consent of his parent or guardian to acquire
2    and possess firearms and firearm ammunition, or whose
3    parent or guardian has revoked such written consent, or
4    where such parent or guardian does not qualify to have a
5    Firearm Owner's Identification Card;
6        (b-5) This subsection (b-5) applies on and after the
7    181st day following July 12, 2019 (the effective date of
8    Public Act 101-80). A person under 21 years of age who is
9    not an active duty member of the United States Armed
10    Forces or the Illinois National Guard and does not have
11    the written consent of his or her parent or guardian to
12    acquire and possess firearms and firearm ammunition, or
13    whose parent or guardian has revoked such written consent,
14    or where such parent or guardian does not qualify to have a
15    Firearm Owner's Identification Card;
16        (c) A person convicted of a felony under the laws of
17    this or any other jurisdiction;
18        (d) A person addicted to narcotics;
19        (e) A person who has been a patient of a mental health
20    facility within the past 5 years or a person who has been a
21    patient in a mental health facility more than 5 years ago
22    who has not received the certification required under
23    subsection (u) of this Section. An active law enforcement
24    officer employed by a unit of government or a Department
25    of Corrections employee authorized to possess firearms who
26    is denied, revoked, or has his or her Firearm Owner's

 

 

HB3355- 3 -LRB103 25592 RLC 51941 b

1    Identification Card seized under this subsection (e) may
2    obtain relief as described in subsection (c-5) of Section
3    10 of this Act if the officer or employee did not act in a
4    manner threatening to the officer or employee, another
5    person, or the public as determined by the treating
6    clinical psychologist or physician, and the officer or
7    employee seeks mental health treatment;
8        (f) A person whose mental condition is of such a
9    nature that it poses a clear and present danger to the
10    applicant, any other person or persons, or the community;
11        (g) A person who has an intellectual disability;
12        (h) A person who intentionally makes a false statement
13    in the Firearm Owner's Identification Card application or
14    endorsement affidavit;
15        (i) A noncitizen who is unlawfully present in the
16    United States under the laws of the United States;
17        (i-5) A noncitizen who has been admitted to the United
18    States under a non-immigrant visa (as that term is defined
19    in Section 101(a)(26) of the Immigration and Nationality
20    Act (8 U.S.C. 1101(a)(26))), except that this subsection
21    (i-5) does not apply to any noncitizen who has been
22    lawfully admitted to the United States under a
23    non-immigrant visa if that noncitizen is:
24            (1) admitted to the United States for lawful
25        hunting or sporting purposes;
26            (2) an official representative of a foreign

 

 

HB3355- 4 -LRB103 25592 RLC 51941 b

1        government who is:
2                (A) accredited to the United States Government
3            or the Government's mission to an international
4            organization having its headquarters in the United
5            States; or
6                (B) en route to or from another country to
7            which that noncitizen is accredited;
8            (3) an official of a foreign government or
9        distinguished foreign visitor who has been so
10        designated by the Department of State;
11            (4) a foreign law enforcement officer of a
12        friendly foreign government entering the United States
13        on official business; or
14            (5) one who has received a waiver from the
15        Attorney General of the United States pursuant to 18
16        U.S.C. 922(y)(3);
17        (j) (Blank);
18        (k) A person who has been convicted within the past 5
19    years of battery, assault, aggravated assault, violation
20    of an order of protection, or a substantially similar
21    offense in another jurisdiction, in which a firearm was
22    used or possessed;
23        (l) A person who has been convicted of domestic
24    battery, aggravated domestic battery, or a substantially
25    similar offense in another jurisdiction committed before,
26    on or after January 1, 2012 (the effective date of Public

 

 

HB3355- 5 -LRB103 25592 RLC 51941 b

1    Act 97-158). If the applicant or person who has been
2    previously issued a Firearm Owner's Identification Card
3    under this Act knowingly and intelligently waives the
4    right to have an offense described in this paragraph (l)
5    tried by a jury, and by guilty plea or otherwise, results
6    in a conviction for an offense in which a domestic
7    relationship is not a required element of the offense but
8    in which a determination of the applicability of 18 U.S.C.
9    922(g)(9) is made under Section 112A-11.1 of the Code of
10    Criminal Procedure of 1963, an entry by the court of a
11    judgment of conviction for that offense shall be grounds
12    for denying an application for and for revoking and
13    seizing a Firearm Owner's Identification Card previously
14    issued to the person under this Act;
15        (m) (Blank);
16        (n) A person who is prohibited from acquiring or
17    possessing firearms or firearm ammunition by any Illinois
18    State statute or by federal law;
19        (o) A minor subject to a petition filed under Section
20    5-520 of the Juvenile Court Act of 1987 alleging that the
21    minor is a delinquent minor for the commission of an
22    offense that if committed by an adult would be a felony;
23        (p) An adult who had been adjudicated a delinquent
24    minor under the Juvenile Court Act of 1987 for the
25    commission of an offense that if committed by an adult
26    would be a felony;

 

 

HB3355- 6 -LRB103 25592 RLC 51941 b

1        (q) A person who is not a resident of the State of
2    Illinois, except as provided in subsection (a-10) of
3    Section 4;
4        (r) A person who has been adjudicated as a person with
5    a mental disability;
6        (s) A person who has been found to have a
7    developmental disability;
8        (t) A person involuntarily admitted into a mental
9    health facility; or
10        (u) A person who has had his or her Firearm Owner's
11    Identification Card revoked or denied under subsection (e)
12    of this Section or item (iv) of paragraph (2) of
13    subsection (a) of Section 4 of this Act because he or she
14    was a patient in a mental health facility as provided in
15    subsection (e) of this Section, shall not be permitted to
16    obtain a Firearm Owner's Identification Card, after the
17    5-year period has lapsed, unless he or she has received a
18    mental health evaluation by a physician, clinical
19    psychologist, or qualified examiner as those terms are
20    defined in the Mental Health and Developmental
21    Disabilities Code, and has received a certification that
22    he or she is not a clear and present danger to himself,
23    herself, or others. The physician, clinical psychologist,
24    or qualified examiner making the certification and his or
25    her employer shall not be held criminally, civilly, or
26    professionally liable for making or not making the

 

 

HB3355- 7 -LRB103 25592 RLC 51941 b

1    certification required under this subsection, except for
2    willful or wanton misconduct. This subsection does not
3    apply to a person whose firearm possession rights have
4    been restored through administrative or judicial action
5    under Section 10 or 11 of this Act.
6    Upon revocation of a person's Firearm Owner's
7Identification Card, the Illinois State Police shall provide
8notice to the person and the person shall comply with Section
99.5 of this Act.
10(Source: P.A. 101-80, eff. 7-12-19; 102-538, eff. 8-20-21;
11102-645, eff. 1-1-22; 102-813, eff. 5-13-22; 102-1030, eff.
125-27-22; 102-1116, eff. 1-10-23.)
 
13    (430 ILCS 65/8.1)  (from Ch. 38, par. 83-8.1)
14    Sec. 8.1. Notifications to the Illinois State Police and
15State's Attorney.
16    (a) The Circuit Clerk shall, in the form and manner
17required by the Supreme Court, notify the Illinois State
18Police and the State's Attorney of the county of residence of
19the person for which the disposition is applicable of all
20final dispositions of cases for which the Illinois State
21Police Department has received information reported to it
22under Sections 2.1 and 2.2 of the Criminal Identification Act.
23    (b) Upon adjudication of any individual as a person with a
24mental disability as defined in Section 1.1 of this Act or a
25finding that a person has been involuntarily admitted, the

 

 

HB3355- 8 -LRB103 25592 RLC 51941 b

1court shall direct the circuit court clerk to immediately
2notify the Illinois State Police, Firearm Owner's
3Identification (FOID) department and the State's Attorney of
4the county of residence of the person adjudicated with the
5mental disability or involuntarily admitted, and shall forward
6a copy of the court order to the Illinois State Police
7Department.
8    (b-1) Beginning July 1, 2016, and each July 1 and December
930 of every year thereafter, the circuit court clerk shall, in
10the form and manner prescribed by the Illinois State Police,
11notify the Illinois State Police, Firearm Owner's
12Identification (FOID) department if the court has not directed
13the circuit court clerk to notify the Illinois State Police,
14Firearm Owner's Identification (FOID) department under
15subsection (b) of this Section, within the preceding 6 months,
16because no person has been adjudicated as a person with a
17mental disability by the court as defined in Section 1.1 of
18this Act or if no person has been involuntarily admitted. The
19Supreme Court may adopt any orders or rules necessary to
20identify the persons who shall be reported to the Illinois
21State Police under subsection (b), or any other orders or
22rules necessary to implement the requirements of this Act.
23    (c) The Department of Human Services shall, in the form
24and manner prescribed by the Illinois State Police, report all
25information collected under subsection (b) of Section 12 of
26the Mental Health and Developmental Disabilities

 

 

HB3355- 9 -LRB103 25592 RLC 51941 b

1Confidentiality Act for the purpose of determining whether a
2person who may be or may have been a patient in a mental health
3facility is disqualified under State or federal law from
4receiving or retaining a Firearm Owner's Identification Card,
5or purchasing a weapon.
6    (d) If a person is determined to pose a clear and present
7danger to himself, herself, or to others:
8        (1) by a physician, clinical psychologist, or
9    qualified examiner, or is determined to have a
10    developmental disability by a physician, clinical
11    psychologist, or qualified examiner, whether employed by
12    the State or privately, then the physician, clinical
13    psychologist, or qualified examiner shall, within 24 hours
14    of making the determination, notify the Department of
15    Human Services that the person poses a clear and present
16    danger or has a developmental disability; or
17        (2) by a law enforcement official or school
18    administrator, then the law enforcement official or school
19    administrator shall, within 24 hours of making the
20    determination, notify the Illinois State Police and the
21    State's Attorney of the county of residence that the
22    person poses a clear and present danger.
23    The Department of Human Services shall immediately update
24its records and information relating to mental health and
25developmental disabilities, and if appropriate, shall notify
26the Illinois State Police in a form and manner prescribed by

 

 

HB3355- 10 -LRB103 25592 RLC 51941 b

1the Illinois State Police and the State's Attorney of the
2county of residence of the person. The State's Attorney of the
3county of residence of the person Illinois State Police shall
4determine whether to seek a hearing before the circuit court
5of residence of the person to revoke the person's Firearm
6Owner's Identification Card under Section 8 of this Act. Any
7information disclosed under this subsection shall remain
8privileged and confidential, and shall not be redisclosed,
9except as required under subsection (e) of Section 3.1 of this
10Act, nor used for any other purpose. The method of providing
11this information shall guarantee that the information is not
12released beyond what is necessary for the purpose of this
13Section and shall be provided by rule by the Department of
14Human Services. The identity of the person reporting under
15this Section shall not be disclosed to the subject of the
16report. The physician, clinical psychologist, qualified
17examiner, law enforcement official, or school administrator
18making the determination and his or her employer shall not be
19held criminally, civilly, or professionally liable for making
20or not making the notification required under this subsection,
21except for willful or wanton misconduct.
22    (e) The Supreme Court Illinois State Police shall adopt
23rules to implement this Section.
24(Source: P.A. 102-538, eff. 8-20-21.)
 
25    (430 ILCS 65/8.2)

 

 

HB3355- 11 -LRB103 25592 RLC 51941 b

1    Sec. 8.2. Firearm Owner's Identification Card denial,
2suspension, or revocation. The Illinois State Police shall
3deny an application or shall suspend or revoke and seize a
4Firearm Owner's Identification Card previously issued under
5this Act if the Department finds that the applicant or person
6to whom such card was issued is or was at the time of issuance
7subject to a protective order issued under the laws of this or
8any other jurisdiction. When the duration of the protective
9order is expected to be less than 45 days one year, the
10Illinois State Police may suspend the Firearm Owner's
11Identification Card under Section 8.3 of the Act and shall
12reinstate it upon conclusion of the suspension if no other
13grounds for denial or revocation are found under Section 8 of
14the Act.
15(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21.)
 
16    (430 ILCS 65/8.3)
17    Sec. 8.3. Suspension of Firearm Owner's Identification
18Card. The Illinois State Police may suspend the Firearm
19Owner's Identification Card of a person whose Firearm Owner's
20Identification Card is subject to revocation and seizure under
21this Act for a period of not less than 30 days and not more
22than 45 days. The Illinois State Police shall schedule a
23revocation hearing with the clerk of the circuit court and the
24State's Attorney of the county of the person's residence not
25less than 30 days and not more than 45 days after the

 

 

HB3355- 12 -LRB103 25592 RLC 51941 b

1suspension of the person's Firearm Owner's Identification
2Card. If the hearing is not scheduled within that 45-day
3period, the Illinois State Police shall reinstate the person's
4Firearm Owner's Identification Card and may not seek
5revocation of that person's Firearm Owner's Identification
6Card. The hearing shall be conducted in the manner provided in
7subsection (g) of Section 10 the duration of the
8disqualification if the disqualification is not a permanent
9ground grounds for revocation of a Firearm Owner's
10Identification Card under this Act. The Illinois State Police
11may adopt rules necessary to implement this Section.
12(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
13102-813, eff. 5-13-22; revised 8-24-22.)
 
14    (430 ILCS 65/10)  (from Ch. 38, par. 83-10)
15    Sec. 10. Appeals; hearing; relief from firearm
16prohibitions.
17    (a) Whenever an application for a Firearm Owner's
18Identification Card is denied or whenever such a Card is
19revoked or seized as provided for in Section 8 of this Act, the
20aggrieved party may (1) file a record challenge with the
21Director regarding the record upon which the decision to deny
22or revoke the Firearm Owner's Identification Card was based
23under subsection (a-5); or (2) appeal to the Director of the
24Illinois State Police through December 31, 2022, or beginning
25January 1, 2023, the Firearm Owner's Identification Card

 

 

HB3355- 13 -LRB103 25592 RLC 51941 b

1Review Board for a hearing seeking relief from such denial or
2revocation unless the denial or revocation was based upon a
3forcible felony, stalking, aggravated stalking, domestic
4battery, any violation of the Illinois Controlled Substances
5Act, the Methamphetamine Control and Community Protection Act,
6or the Cannabis Control Act that is classified as a Class 2 or
7greater felony, any felony violation of Article 24 of the
8Criminal Code of 1961 or the Criminal Code of 2012, or any
9adjudication as a delinquent minor for the commission of an
10offense that if committed by an adult would be a felony, in
11which case the aggrieved party may petition the circuit court
12in writing in the county of his or her residence for a hearing
13seeking relief from such denial or revocation.
14    (a-5) There is created a Firearm Owner's Identification
15Card Review Board to consider any appeal under subsection (a)
16beginning January 1, 2023, other than an appeal directed to
17the circuit court and except when the applicant is challenging
18the record upon which the decision to deny or revoke was based
19as provided in subsection (a-10).
20        (0.05) In furtherance of the policy of this Act that
21    the Board shall exercise its powers and duties in an
22    independent manner, subject to the provisions of this Act
23    but free from the direction, control, or influence of any
24    other agency or department of State government. All
25    expenses and liabilities incurred by the Board in the
26    performance of its responsibilities hereunder shall be

 

 

HB3355- 14 -LRB103 25592 RLC 51941 b

1    paid from funds which shall be appropriated to the Board
2    by the General Assembly for the ordinary and contingent
3    expenses of the Board.
4        (1) The Board shall consist of 7 members appointed by
5    the Governor, with the advice and consent of the Senate,
6    with 3 members residing within the First Judicial District
7    and one member residing within each of the 4 remaining
8    Judicial Districts. No more than 4 members shall be
9    members of the same political party. The Governor shall
10    designate one member as the chairperson. The Board shall
11    consist of:
12            (A) one member with at least 5 years of service as
13        a federal or State judge;
14            (B) one member with at least 5 years of experience
15        serving as an attorney with the United States
16        Department of Justice, or as a State's Attorney or
17        Assistant State's Attorney;
18            (C) one member with at least 5 years of experience
19        serving as a State or federal public defender or
20        assistant public defender;
21            (D) three members with at least 5 years of
22        experience as a federal, State, or local law
23        enforcement agent or as an employee with investigative
24        experience or duties related to criminal justice under
25        the United States Department of Justice, Drug
26        Enforcement Administration, Department of Homeland

 

 

HB3355- 15 -LRB103 25592 RLC 51941 b

1        Security, Federal Bureau of Investigation, or a State
2        or local law enforcement agency; and
3            (E) one member with at least 5 years of experience
4        as a licensed physician or clinical psychologist with
5        expertise in the diagnosis and treatment of mental
6        illness.
7        (2) The terms of the members initially appointed after
8    January 1, 2022 (the effective date of Public Act 102-237)
9    shall be as follows: one of the initial members shall be
10    appointed for a term of one year, 3 shall be appointed for
11    terms of 2 years, and 3 shall be appointed for terms of 4
12    years. Thereafter, members shall hold office for 4 years,
13    with terms expiring on the second Monday in January
14    immediately following the expiration of their terms and
15    every 4 years thereafter. Members may be reappointed.
16    Vacancies in the office of member shall be filled in the
17    same manner as the original appointment, for the remainder
18    of the unexpired term. The Governor may remove a member
19    for incompetence, neglect of duty, malfeasance, or
20    inability to serve. Members shall receive compensation in
21    an amount equal to the compensation of members of the
22    Executive Ethics Commission and, beginning July 1, 2023,
23    shall be compensated from appropriations provided to the
24    Comptroller for this purpose. Members may be reimbursed,
25    from funds appropriated for such a purpose, for reasonable
26    expenses actually incurred in the performance of their

 

 

HB3355- 16 -LRB103 25592 RLC 51941 b

1    Board duties. The Illinois State Police shall designate an
2    employee to serve as Executive Director of the Board and
3    provide logistical and administrative assistance to the
4    Board.
5        (3) The Board shall meet at least quarterly each year
6    and at the call of the chairperson as often as necessary to
7    consider appeals of decisions made with respect to
8    applications for a Firearm Owner's Identification Card
9    under this Act. If necessary to ensure the participation
10    of a member, the Board shall allow a member to participate
11    in a Board meeting by electronic communication. Any member
12    participating electronically shall be deemed present for
13    purposes of establishing a quorum and voting.
14        (4) The Board shall adopt rules for the review of
15    appeals and the conduct of hearings. The Board shall
16    maintain a record of its decisions and all materials
17    considered in making its decisions. All Board decisions
18    and voting records shall be kept confidential and all
19    materials considered by the Board shall be exempt from
20    inspection except upon order of a court.
21        (5) In considering an appeal, the Board shall review
22    the materials received concerning the denial or revocation
23    by the Illinois State Police. By a vote of at least 4
24    members, the Board may request additional information from
25    the Illinois State Police or the applicant or the
26    testimony of the Illinois State Police or the applicant.

 

 

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1    The Board may require that the applicant submit electronic
2    fingerprints to the Illinois State Police for an updated
3    background check if the Board determines it lacks
4    sufficient information to determine eligibility. The Board
5    may consider information submitted by the Illinois State
6    Police, a law enforcement agency, or the applicant. The
7    Board shall review each denial or revocation and determine
8    by a majority of members whether an applicant should be
9    granted relief under subsection (c).
10        (6) The Board shall by order issue summary decisions.
11    The Board shall issue a decision within 45 days of
12    receiving all completed appeal documents from the Illinois
13    State Police and the applicant. However, the Board need
14    not issue a decision within 45 days if:
15            (A) the Board requests information from the
16        applicant, including, but not limited to, electronic
17        fingerprints to be submitted to the Illinois State
18        Police, in accordance with paragraph (5) of this
19        subsection, in which case the Board shall make a
20        decision within 30 days of receipt of the required
21        information from the applicant;
22            (B) the applicant agrees, in writing, to allow the
23        Board additional time to consider an appeal; or
24            (C) the Board notifies the applicant and the
25        Illinois State Police that the Board needs an
26        additional 30 days to issue a decision. The Board may

 

 

HB3355- 18 -LRB103 25592 RLC 51941 b

1        only issue 2 extensions under this subparagraph (C).
2        The Board's notification to the applicant and the
3        Illinois State Police shall include an explanation for
4        the extension.
5        (7) If the Board determines that the applicant is
6    eligible for relief under subsection (c), the Board shall
7    notify the applicant and the Illinois State Police that
8    relief has been granted and the Illinois State Police
9    shall issue the Card.
10        (8) Meetings of the Board shall not be subject to the
11    Open Meetings Act and records of the Board shall not be
12    subject to the Freedom of Information Act.
13        (9) The Board shall report monthly to the Governor and
14    the General Assembly on the number of appeals received and
15    provide details of the circumstances in which the Board
16    has determined to deny Firearm Owner's Identification
17    Cards under this subsection (a-5). The report shall not
18    contain any identifying information about the applicants.
19    (a-10) Whenever an applicant or cardholder is not seeking
20relief from a firearms prohibition under subsection (c) but
21rather does not believe the applicant is appropriately denied
22or revoked and is challenging the record upon which the
23decision to deny or revoke the Firearm Owner's Identification
24Card was based, or whenever the Illinois State Police fails to
25act on an application within 30 days of its receipt, the
26applicant shall file such challenge with the Director. The

 

 

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1Director shall render a decision within 60 business days of
2receipt of all information supporting the challenge. The
3Illinois State Police shall adopt rules for the review of a
4record challenge.
5    (b) At least 30 days before any hearing in the circuit
6court, the petitioner shall serve the relevant State's
7Attorney with a copy of the petition. The State's Attorney may
8object to the petition and present evidence. At the hearing,
9the court shall determine whether substantial justice has been
10done. Should the court determine that substantial justice has
11not been done, the court shall issue an order directing the
12Illinois State Police to issue a Card. However, the court
13shall not issue the order if the petitioner is otherwise
14prohibited from obtaining, possessing, or using a firearm
15under federal law.
16    (c) Any person prohibited from possessing a firearm under
17Sections 24-1.1 or 24-3.1 of the Criminal Code of 2012 or
18acquiring a Firearm Owner's Identification Card under Section
198 of this Act may apply to the Firearm Owner's Identification
20Card Review Board or petition the circuit court in the county
21where the petitioner resides, whichever is applicable in
22accordance with subsection (a) of this Section, requesting
23relief from such prohibition and the Board or court may grant
24such relief if it is established by the applicant to the
25court's or the Board's satisfaction that:
26        (0.05) when in the circuit court, the State's Attorney

 

 

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1    has been served with a written copy of the petition at
2    least 30 days before any such hearing in the circuit court
3    and at the hearing the State's Attorney was afforded an
4    opportunity to present evidence and object to the
5    petition;
6        (1) the applicant has not been convicted of a forcible
7    felony under the laws of this State or any other
8    jurisdiction within 20 years of the applicant's
9    application for a Firearm Owner's Identification Card, or
10    at least 20 years have passed since the end of any period
11    of imprisonment imposed in relation to that conviction;
12        (2) the circumstances regarding a criminal conviction,
13    where applicable, the applicant's criminal history and his
14    reputation are such that the applicant will not be likely
15    to act in a manner dangerous to public safety;
16        (3) granting relief would not be contrary to the
17    public interest; and
18        (4) granting relief would not be contrary to federal
19    law.
20    (c-5) (1) An active law enforcement officer employed by a
21unit of government or a Department of Corrections employee
22authorized to possess firearms who is denied a , revoked, or
23has his or her Firearm Owner's Identification Card seized
24under subsection (e) of Section 8 of this Act may apply to the
25Firearm Owner's Identification Card Review Board requesting
26relief if the officer or employee did not act in a manner

 

 

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1threatening to the officer or employee, another person, or the
2public as determined by the treating clinical psychologist or
3physician, and as a result of his or her work is referred by
4the employer for or voluntarily seeks mental health evaluation
5or treatment by a licensed clinical psychologist,
6psychiatrist, or qualified examiner, and:
7        (A) the officer or employee has not received treatment
8    involuntarily at a mental health facility, regardless of
9    the length of admission; or has not been voluntarily
10    admitted to a mental health facility for more than 30 days
11    and not for more than one incident within the past 5 years;
12    and
13        (B) the officer or employee has not left the mental
14    institution against medical advice.
15    (2) The Firearm Owner's Identification Card Review Board
16shall grant expedited relief to active law enforcement
17officers and employees described in paragraph (1) of this
18subsection (c-5) upon a determination by the Board that the
19officer's or employee's possession of a firearm does not
20present a threat to themselves, others, or public safety. The
21Board shall act on the request for relief within 30 business
22days of receipt of:
23        (A) a notarized statement from the officer or employee
24    in the form prescribed by the Board detailing the
25    circumstances that led to the hospitalization;
26        (B) all documentation regarding the admission,

 

 

HB3355- 22 -LRB103 25592 RLC 51941 b

1    evaluation, treatment and discharge from the treating
2    licensed clinical psychologist or psychiatrist of the
3    officer;
4        (C) a psychological fitness for duty evaluation of the
5    person completed after the time of discharge; and
6        (D) written confirmation in the form prescribed by the
7    Board from the treating licensed clinical psychologist or
8    psychiatrist that the provisions set forth in paragraph
9    (1) of this subsection (c-5) have been met, the person
10    successfully completed treatment, and their professional
11    opinion regarding the person's ability to possess
12    firearms.
13    (3) Officers and employees eligible for the expedited
14relief in paragraph (2) of this subsection (c-5) have the
15burden of proof on eligibility and must provide all
16information required. The Board may not consider granting
17expedited relief until the proof and information is received.
18    (4) "Clinical psychologist", "psychiatrist", and
19"qualified examiner" shall have the same meaning as provided
20in Chapter I of the Mental Health and Developmental
21Disabilities Code.
22    (c-10) (1) An applicant, who is denied a , revoked, or has
23his or her Firearm Owner's Identification Card seized under
24subsection (e) of Section 8 of this Act based upon a
25determination of a developmental disability or an intellectual
26disability may apply to the Firearm Owner's Identification

 

 

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1Card Review Board requesting relief.
2    (2) The Board shall act on the request for relief within 60
3business days of receipt of written certification, in the form
4prescribed by the Board, from a physician or clinical
5psychologist, or qualified examiner, that the aggrieved
6party's developmental disability or intellectual disability
7condition is determined by a physician, clinical psychologist,
8or qualified to be mild. If a fact-finding conference is
9scheduled to obtain additional information concerning the
10circumstances of the denial or revocation, the 60 business
11days the Director has to act shall be tolled until the
12completion of the fact-finding conference.
13    (3) The Board may grant relief if the aggrieved party's
14developmental disability or intellectual disability is mild as
15determined by a physician, clinical psychologist, or qualified
16examiner and it is established by the applicant to the Board's
17satisfaction that:
18        (A) granting relief would not be contrary to the
19    public interest; and
20        (B) granting relief would not be contrary to federal
21    law.
22    (4) The Board may not grant relief if the condition is
23determined by a physician, clinical psychologist, or qualified
24examiner to be moderate, severe, or profound.
25    (5) The changes made to this Section by Public Act 99-29
26apply to requests for relief pending on or before July 10, 2015

 

 

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1(the effective date of Public Act 99-29), except that the
260-day period for the Director to act on requests pending
3before the effective date shall begin on July 10, 2015 (the
4effective date of Public Act 99-29). All appeals as provided
5in subsection (a-5) pending on January 1, 2023 shall be
6considered by the Board.
7    (d) When a minor is adjudicated delinquent for an offense
8which if committed by an adult would be a felony, the court
9shall notify the Illinois State Police.
10    (e) The court shall review the denial of an application or
11the revocation of a Firearm Owner's Identification Card of a
12person who has been adjudicated delinquent for an offense that
13if committed by an adult would be a felony if an application
14for relief has been filed at least 10 years after the
15adjudication of delinquency and the court determines that the
16applicant should be granted relief from disability to obtain a
17Firearm Owner's Identification Card. If the court grants
18relief, the court shall notify the Illinois State Police that
19the disability has been removed and that the applicant is
20eligible to obtain a Firearm Owner's Identification Card.
21    (f) Any person who is subject to the disabilities of 18
22U.S.C. 922(d)(4) and 922(g)(4) of the federal Gun Control Act
23of 1968 because of an adjudication or commitment that occurred
24under the laws of this State or who was determined to be
25subject to the provisions of subsections (e), (f), or (g) of
26Section 8 of this Act may apply to the Illinois State Police

 

 

HB3355- 25 -LRB103 25592 RLC 51941 b

1requesting relief from that prohibition. The Board shall grant
2the relief if it is established by a preponderance of the
3evidence that the person will not be likely to act in a manner
4dangerous to public safety and that granting relief would not
5be contrary to the public interest. In making this
6determination, the Board shall receive evidence concerning (i)
7the circumstances regarding the firearms disabilities from
8which relief is sought; (ii) the petitioner's mental health
9and criminal history records, if any; (iii) the petitioner's
10reputation, developed at a minimum through character witness
11statements, testimony, or other character evidence; and (iv)
12changes in the petitioner's condition or circumstances since
13the disqualifying events relevant to the relief sought. If
14relief is granted under this subsection or by order of a court
15under this Section, the Director shall as soon as practicable
16but in no case later than 15 business days, update, correct,
17modify, or remove the person's record in any database that the
18Illinois State Police makes available to the National Instant
19Criminal Background Check System and notify the United States
20Attorney General that the basis for the record being made
21available no longer applies. The Illinois State Police shall
22adopt rules for the administration of this Section.
23    (g) Notwithstanding any other provision of this Act to the
24contrary, on or after the effective date of this amendatory
25Act of the 103rd General Assembly, the Illinois State Police
26may not revoke a Firearm Owner's Identification Card. On or

 

 

HB3355- 26 -LRB103 25592 RLC 51941 b

1after the effective date of this amendatory Act of the 103rd
2General Assembly, a Firearm Owner's Identification Card may
3only be revoked after a Firearm Owner's Identification Card
4hearing has been held in the circuit court of the county of
5residence of the person whose Firearm Owner's Identification
6Card is sought to be revoked. If the State's Attorney of the
7county of residence of the person whose Firearm Owner's
8Identification Card is sought to be revoked has probable cause
9to believe that the person who has been issued a Firearm
10Owner's Identification Card is no longer eligible for the Card
11under Section 8, the State's Attorney shall file a petition in
12the circuit court of the county of residence of the person
13whose Card is sought to be revoked. At the hearing, the person
14may present evidence in his or her favor seeking retention of
15his or her Firearm Owner's Identification Card and the
16Illinois State Police and State's Attorney may present
17evidence for revocation. The hearing shall be a civil
18proceeding and subject to due process, the Code of Civil
19Procedure, and the Illinois Rules of Evidence as adopted by
20the Supreme Court. The hearing shall be held within 45 days
21after the filing of the petition. If the circuit court
22determines, by clear and convincing evidence, that the person
23is ineligible for retention of his or her Firearm Owner's
24Identification Card under Section 8, the court shall order the
25Illinois State Police to immediately revoke the Card and the
26circuit clerk shall seize the Card and transmit the Card to the

 

 

HB3355- 27 -LRB103 25592 RLC 51941 b

1Illinois State Police.
2(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
3102-645, eff. 1-1-22; 102-813, eff. 5-13-22; 102-1115, eff.
41-9-23.)