Full Text of SB3421 96th General Assembly
SB3421 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 SB3421
Introduced 2/10/2010, by Sen. Dan Kotowski SYNOPSIS AS INTRODUCED: |
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430 ILCS 65/10 |
from Ch. 38, par. 83-10 |
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Amends the Firearm Owners Identification Card Act. Provides that any person who is prohibited from possessing a firearm under certain specified provisions of the federal Gun Control Act of 1968 may apply to the Department of State Police requesting relief from such prohibition and the Director of State Police 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. Effective immediately.
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A BILL FOR
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SB3421 |
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LRB096 17145 RLC 35155 b |
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| AN ACT concerning firearms.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Firearm Owners Identification Card Act is | 5 |
| amended by changing Section 10 as follows:
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| (430 ILCS 65/10) (from Ch. 38, par. 83-10)
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| 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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| 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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| 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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| 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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SB3421 |
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LRB096 17145 RLC 35155 b |
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| upon such denial, revocation, or seizure.
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| (b) At least 30 days before any hearing in the circuit | 3 |
| court, the
petitioner shall serve the
relevant State's Attorney | 4 |
| with a copy of the petition. The State's Attorney
may object to | 5 |
| the petition and present evidence. At the hearing the court
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| shall
determine whether substantial justice has been done. | 7 |
| Should the court
determine that substantial justice has not | 8 |
| been done, the court shall issue an
order directing the | 9 |
| Department of State Police to issue a Card.
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| (c) Any person prohibited from possessing a firearm under | 11 |
| Sections 24-1.1
or 24-3.1 of the Criminal Code of 1961 or | 12 |
| acquiring a Firearm Owner's
Identification Card under Section 8 | 13 |
| of this Act may apply to
the Director
of the Department of | 14 |
| State Police
or petition the circuit court in the county where | 15 |
| the petitioner resides,
whichever is applicable in accordance | 16 |
| with subsection (a) of this Section,
requesting relief
from | 17 |
| such prohibition and the Director or court may grant such | 18 |
| relief if it
is
established by the applicant to the court's or | 19 |
| Director's satisfaction
that:
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| (0.05) when in the circuit court, the State's Attorney | 21 |
| has been served
with a written
copy of the
petition at | 22 |
| least 30 days before any such hearing in the circuit court | 23 |
| and at
the hearing the
State's Attorney was afforded an | 24 |
| opportunity to present evidence and object to
the petition;
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| (1) the applicant has not been convicted of a forcible | 26 |
| felony under the
laws of this State or any other |
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SB3421 |
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LRB096 17145 RLC 35155 b |
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| jurisdiction within 20 years of the
applicant's | 2 |
| application for a Firearm Owner's Identification Card, or | 3 |
| at
least 20 years have passed since the end of any period | 4 |
| of imprisonment
imposed in relation to that conviction;
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| (2) the circumstances regarding a criminal conviction, | 6 |
| where applicable,
the applicant's criminal history and his | 7 |
| reputation are such that the applicant
will not be likely | 8 |
| to act in a manner dangerous to public safety; and
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| (3) granting relief would not be contrary to the public | 10 |
| interest.
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| (d) When a minor is adjudicated delinquent for an offense | 12 |
| which if
committed by an adult would be a felony, the court | 13 |
| shall notify the Department
of State Police.
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| (e) The court shall review the denial of an application or | 15 |
| the revocation of
a Firearm Owner's Identification Card of a | 16 |
| person who has been adjudicated
delinquent for an offense that | 17 |
| if
committed by an adult would be a felony if an
application | 18 |
| for relief has been filed at least 10 years after the | 19 |
| adjudication
of delinquency and the court determines that the | 20 |
| applicant should be
granted relief from disability to obtain a | 21 |
| Firearm Owner's Identification Card.
If the court grants | 22 |
| relief, the court shall notify the Department of State
Police | 23 |
| that the disability has
been removed and that the applicant is | 24 |
| eligible to obtain a Firearm Owner's
Identification Card.
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| (f) Any person who is prohibited from possessing a firearm | 26 |
| under 18 U.S.C. 922 (d)(4) and 922 (g)(4) of the federal Gun |
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SB3421 |
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LRB096 17145 RLC 35155 b |
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| Control Act of 1968 may apply to the Department of State Police | 2 |
| requesting relief from such prohibition and the Director shall | 3 |
| grant such relief if it is established to the Director's | 4 |
| satisfaction that the person will not be likely to act in a | 5 |
| manner dangerous to public safety and granting relief would not | 6 |
| be contrary to the public interest. | 7 |
| (Source: P.A. 93-367, eff. 1-1-04; 94-556, eff. 9-11-05.)
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| Section 99. Effective date. This Act takes effect upon | 9 |
| becoming law.
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