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| Public Act 096-1368 | ||||
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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 | ||||
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 | ||||
Identification
Card is denied, whenever the Department fails to | ||||
act on an application
within 30 days of its receipt, or | ||||
whenever such a Card is revoked or seized
as provided for in | ||||
Section 8 of this Act, the aggrieved party may
appeal
to the | ||||
Director of the Department of State Police for a hearing upon
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such denial, revocation or seizure, unless the denial, | ||||
revocation, or seizure
was based upon a forcible felony, | ||||
stalking, aggravated stalking, domestic
battery, any violation | ||||
of the Illinois Controlled Substances Act, the Methamphetamine | ||||
Control and Community Protection Act, or the
Cannabis Control | ||||
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 | ||||
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 | ||||
which case the
aggrieved party may petition the circuit court | ||||
in writing in the county of
his or her residence for a hearing | ||||
upon such denial, revocation, or seizure.
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(b) At least 30 days before any hearing in the circuit | ||
court, the
petitioner shall serve the
relevant State's Attorney | ||
with a copy of the petition. The State's Attorney
may object to | ||
the petition and present evidence. At the hearing the court
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shall
determine whether substantial justice has been done. | ||
Should the court
determine that substantial justice has not | ||
been done, the court shall issue an
order directing the | ||
Department of State Police to issue a Card.
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(c) Any person prohibited from possessing a firearm under | ||
Sections 24-1.1
or 24-3.1 of the Criminal Code of 1961 or | ||
acquiring a Firearm Owner's
Identification Card under Section 8 | ||
of this Act may apply to
the Director
of the Department of | ||
State Police
or petition the circuit court in the county where | ||
the petitioner resides,
whichever is applicable in accordance | ||
with subsection (a) of this Section,
requesting relief
from | ||
such prohibition and the Director or court may grant such | ||
relief if it
is
established by the applicant to the court's or | ||
Director's satisfaction
that:
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(0.05) when in the circuit court, the State's Attorney | ||
has been served
with a written
copy of the
petition at | ||
least 30 days before any such hearing in the circuit court | ||
and at
the hearing the
State's Attorney was afforded an | ||
opportunity to present evidence and object to
the petition;
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(1) the applicant has not been convicted of a forcible | ||
felony under the
laws of this State or any other | ||
jurisdiction within 20 years of the
applicant's | ||
application for a Firearm Owner's Identification Card, or | ||
at
least 20 years have passed since the end of any period | ||
of imprisonment
imposed in relation to that conviction;
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(2) the circumstances regarding a criminal conviction, | ||
where applicable,
the applicant's criminal history and his | ||
reputation are such that the applicant
will not be likely | ||
to act in a manner dangerous to public safety; and
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(3) granting relief would not be contrary to the public | ||
interest.
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(d) When a minor is adjudicated delinquent for an offense | ||
which if
committed by an adult would be a felony, the court | ||
shall notify the Department
of State Police.
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(e) The court shall review the denial of an application or | ||
the revocation of
a Firearm Owner's Identification Card of a | ||
person who has been adjudicated
delinquent for an offense that | ||
if
committed by an adult would be a felony if an
application | ||
for relief has been filed at least 10 years after the | ||
adjudication
of delinquency and the court determines that the | ||
applicant should be
granted relief from disability to obtain a | ||
Firearm Owner's Identification Card.
If the court grants | ||
relief, the court shall notify the Department of State
Police | ||
that the disability has
been removed and that the applicant is | ||
eligible to obtain a Firearm Owner's
Identification Card.
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(f) Any person who is prohibited from possessing a firearm | ||
under 18 U.S.C. 922 (d)(4) and 922 (g)(4) of the federal Gun | ||
Control Act of 1968 may apply to the Department of State Police | ||
requesting relief from such prohibition and the Director 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. | ||
(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 | ||
becoming law.
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