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| 1 | AN ACT concerning firearms.
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| 2 | Be it enacted by the People of the State of Illinois,
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| 3 | represented in the General Assembly:
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| 4 | Section 5. The Firearm Owners Identification Card Act is | ||||||
| 5 | amended by changing Section 10 as follows:
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| 6 | (430 ILCS 65/10) (from Ch. 38, par. 83-10)
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| 7 | 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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| 13 | 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 either the Illinois Controlled Substances Act or the
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| 17 | Cannabis Control Act that is classified as a Class 2 or greater | ||||||
| 18 | felony,
any
felony violation of Article 24 of the Criminal Code | ||||||
| 19 | of 1961, or any
adjudication as a delinquent minor for the | ||||||
| 20 | commission of an
offense that if committed by an adult would be | ||||||
| 21 | a felony, in which case the
aggrieved party may petition the | ||||||
| 22 | circuit court in writing in the county of
his or her residence | ||||||
| 23 | for a hearing upon such denial, revocation, or seizure.
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| 24 | (b) At least 30 days before any hearing in the circuit | ||||||
| 25 | court, the
petitioner shall serve the
relevant State's Attorney | ||||||
| 26 | of the county where the petition is brought and the State's | ||||||
| 27 | Attorney of the county where the conviction occurred
with a | ||||||
| 28 | copy of the petition. The State's Attorney of the county where | ||||||
| 29 | the petition is brought
may object to the petition and present | ||||||
| 30 | evidence. At the hearing the court
shall
determine whether | ||||||
| 31 | substantial justice has been done. Should the court
determine | ||||||
| 32 | that substantial justice has not been done, the court shall | ||||||
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| 1 | issue an
order directing the Department of State Police to | ||||||
| 2 | issue a Card.
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| 3 | (c) Any person prohibited from possessing a firearm under | ||||||
| 4 | Sections 24-1.1
or 24-3.1 of the Criminal Code of 1961 or | ||||||
| 5 | acquiring a Firearm Owner's
Identification Card under Section 8 | ||||||
| 6 | of this Act may apply to
the Director
of the Department of | ||||||
| 7 | State Police
or petition the circuit court in the county where | ||||||
| 8 | the petitioner resides,
whichever is applicable in accordance | ||||||
| 9 | with subsection (a) of this Section,
requesting relief
from | ||||||
| 10 | such prohibition and the Director or court may grant such | ||||||
| 11 | relief if it
is
established by the applicant to the court's or | ||||||
| 12 | Director's satisfaction
that:
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| 13 | (0.05) when in the circuit court, the State's Attorney | ||||||
| 14 | of the county where the petition was brought
has been | ||||||
| 15 | served
with a written
copy of the
petition at least 30 days | ||||||
| 16 | before any such hearing in the circuit court and at
the | ||||||
| 17 | hearing the
State's Attorney of the county where the | ||||||
| 18 | petition was brought
was afforded an opportunity to present | ||||||
| 19 | evidence and object to
the petition;
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| 20 | (1) the applicant has not been convicted of a forcible | ||||||
| 21 | felony under the
laws of this State or any other | ||||||
| 22 | jurisdiction within 20 years of the
applicant's | ||||||
| 23 | application for a Firearm Owner's Identification Card, or | ||||||
| 24 | at
least 20 years have passed since the end of any period | ||||||
| 25 | of imprisonment
imposed in relation to that conviction;
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| 26 | (2) the circumstances regarding a criminal conviction, | ||||||
| 27 | where applicable,
the applicant's criminal history and his | ||||||
| 28 | reputation are such that the applicant
will not be likely | ||||||
| 29 | to act in a manner dangerous to public safety; and
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| 30 | (3) granting relief would not be contrary to the public | ||||||
| 31 | interest.
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| 32 | (d) When a minor is adjudicated delinquent for an offense | ||||||
| 33 | which if
committed by an adult would be a felony, the court | ||||||
| 34 | shall notify the Department
of State Police.
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| 35 | (e) The court shall review the denial of an application or | ||||||
| 36 | the revocation of
a Firearm Owner's Identification Card of a | ||||||
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| 1 | person who has been adjudicated
delinquent for an offense that | ||||||
| 2 | if
committed by an adult would be a felony if an
application | ||||||
| 3 | for relief has been filed at least 10 years after the | ||||||
| 4 | adjudication
of delinquency and the court determines that the | ||||||
| 5 | applicant should be
granted relief from disability to obtain a | ||||||
| 6 | Firearm Owner's Identification Card.
If the court grants | ||||||
| 7 | relief, the court shall notify the Department of State
Police | ||||||
| 8 | that the disability has
been removed and that the applicant is | ||||||
| 9 | eligible to obtain a Firearm Owner's
Identification Card.
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| 10 | (Source: P.A. 92-442, eff. 8-17-01; 93-367, eff. 1-1-04.)
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