725 ILCS 165/ Firearm Seizure Act.

Information maintained by the Legislative Reference Bureau

Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide.

Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.

CRIMINAL PROCEDURE
(725 ILCS 165/) Firearm Seizure Act.

725 ILCS 165/0.01

(725 ILCS 165/0.01) (from Ch. 38, par. 161)

Sec. 0.01.

Short title.

This Act may be cited as the

Firearm Seizure Act.

(Source: P.A. 86-1324.)

725 ILCS 165/1

(725 ILCS 165/1) (from Ch. 38, par. 161-1)

Sec. 1.

When a complaint is made to any circuit court that a person
possessing a firearm or firearms has threatened to use a firearm illegally,
the court shall examine on oath such complainant, and any witnesses which
may be produced, reduce the complaint to writing and have it subscribed and
sworn to by the complainant. If the court is satisfied that there is any
danger of such illegal use of firearms, it shall issue a warrant requiring
the apprehension of such person, hereafter referred to as the defendant,
for appearance before the court. Such warrant shall also authorize the
seizure of any firearm in the possession of the defendant.

(Source: Laws 1965, p. 2693.)

725 ILCS 165/2

(725 ILCS 165/2) (from Ch. 38, par. 161-2)

Sec. 2.

When the defendant is brought before the court, if the charge
is controverted the testimony produced on both sides shall be heard.
When it appears to the court that the defendant has threatened to use any
firearm illegally, and it appears to the court that the surrender of
such firearm would serve to keep the peace, the court shall order any
firearm taken from the defendant to be kept by the State for safekeeping
during a stated period of time not to exceed one year. The firearm or
firearms shall be returned to the defendant at the end of the stated
period. If such firearm was not seized when the defendant was brought
before the court, the defendant may be ordered by the court to produce
such firearm for safekeeping as provided above, and upon failure to
produce such weapon within a time period established by the court, the
defendant may be punished by the court as a contempt.

(Source: Laws 1965, p. 2693.)

725 ILCS 165/3

(725 ILCS 165/3) (from Ch. 38, par. 161-3)

Sec. 3.

If, however, it should appear to the court that the complaint is
unfounded, the defendant shall be dismissed. When, in addition, the court
is of the opinion that the proceeding was commenced maliciously without
probable cause, it may enter judgment against the complainant for the costs
of the prosecution.

(Source: P.A. 84-547.)

725 ILCS 165/4

(725 ILCS 165/4) (from Ch. 38, par. 161-4)

Sec. 4.

In lieu of requiring the surrender of any firearm, the court may
require the defendant to give a recognizance as provided in Article 110A of the Code of Criminal Procedure of 1963.

(Source: P.A. 96-328, eff. 8-11-09.)

725 ILCS 165/5

(725 ILCS 165/5) (from Ch. 38, par. 161-5)

Sec. 5.

Any action brought under this Act is a civil action, governed
by the Civil Practice Law as now or hereafter amended
and by the Supreme Court Rules as now or hereafter adopted in relation to
that Law.  Appeals may be taken as in other civil cases.

(Source: P.A. 82-783.)