Bill Text: IL SB1713 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Amends the Firearms Restraining Order Act. Provides that a State's Attorney or assistant State's Attorney (rather than a petitioner) may request an emergency firearms restraining order by filing an affidavit or verified pleading alleging that the respondent poses an immediate and present danger of causing personal injury to himself, herself, or another by having in his or her custody or control, purchasing, possessing, or receiving a firearm. Provides that if the court issues an emergency firearms restraining order, it shall, based upon written application filed by the State's Attorney or assistant State's Attorney supported by evidence submitted under oath or affirmation, upon a finding of probable cause that the respondent possesses firearms, issue a search warrant directing a law enforcement agency to seize the respondent's firearms. Provides that an emergency firearms restraining order and a 6-month firearms restraining order shall require the firearm or firearms and Firearm Owner's Identification Card and concealed carry license, if unexpired, to be returned to the respondent if the firearms restraining order is not granted within 7 days. Effective immediately.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2021-01-13 - Session Sine Die [SB1713 Detail]

Download: Illinois-2019-SB1713-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 SB1713 Introduced 2/15/2019, by Sen. Chuck Weaver SYNOPSIS AS INTRODUCED:
430 ILCS 67/35
430 ILCS 67/40
Amends the Firearms Restraining Order Act. Provides that a State's Attorney or assistant State's Attorney (rather than a petitioner) may request an emergency firearms restraining order by filing an affidavit or verified pleading alleging that the respondent poses an immediate and present danger of causing personal injury to himself, herself, or another by having in his or her custody or control, purchasing, possessing, or receiving a firearm. Provides that if the court issues an emergency firearms restraining order, it shall, based upon written application filed by the State's Attorney or assistant State's Attorney supported by evidence submitted under oath or affirmation, upon a finding of probable cause that the respondent possesses firearms, issue a search warrant directing a law enforcement agency to seize the respondent's firearms. Provides that an emergency firearms restraining order and a 6-month firearms restraining order shall require the firearm or firearms and Firearm Owner's Identification Card and concealed carry license, if unexpired, to be returned to the respondent if the firearms restraining order is not granted within 7 days. Effective immediately.
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A BILL FOR
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AN ACT concerning safety.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Firearms Restraining Order Act is amended by
changing Sections 35 and 40 as follows:
(430 ILCS 67/35)
Sec. 35. Ex parte orders and emergency hearings.
(a) A State's Attorney or assistant State's Attorney
petitioner may request an emergency firearms restraining order
by filing an affidavit or verified pleading alleging that the
respondent poses an immediate and present danger of causing
personal injury to himself, herself, or another by having in
his or her custody or control, purchasing, possessing, or
receiving a firearm. The petition shall also describe the type
and location of any firearm or firearms presently believed by
the petitioner to be possessed or controlled by the respondent.
(b) If the respondent is alleged to pose an immediate and
present danger of causing personal injury to an intimate
partner, or an intimate partner is alleged to have been the
target of a threat or act of violence by the respondent, the
petitioner shall make a good faith effort to provide notice to
any and all intimate partners of the respondent. The notice
must include that the petitioner intends to petition the court

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for an emergency firearms restraining order, and, if the
petitioner is a law enforcement officer, referral to relevant
domestic violence or stalking advocacy or counseling
resources, if appropriate. The petitioner Petitioner shall
attest to having provided the notice in the filed affidavit or
verified pleading. If, after making a good faith effort, the
petitioner is unable to provide notice to any or all intimate
partners, the affidavit or verified pleading should describe
what efforts were made.
(c) Every person who files a petition for an emergency
firearms restraining order, knowing the information provided
to the court at any hearing or in the affidavit or verified
pleading to be false, is guilty of perjury under Section 32-2
of the Criminal Code of 2012.
(d) An emergency firearms restraining order shall be issued
on an ex parte basis, that is, without notice to the
respondent.
(e) An emergency hearing held on an ex parte basis shall be
held the same day that the petition is filed or the next day
that the court is in session.
(f) If a circuit or associate judge finds probable cause to
believe that the respondent poses an immediate and present
danger of causing personal injury to himself, herself, or
another by having in his or her custody or control, purchasing,
possessing, or receiving a firearm, the circuit or associate
judge shall issue an emergency order.

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(f-5) If the court issues an emergency firearms restraining
order, it shall, based upon written application filed by the
State's Attorney or assistant State's Attorney supported by
evidence submitted under oath or affirmation, upon a finding of
probable cause that the respondent possesses firearms, issue a
search warrant directing a law enforcement agency to seize the
respondent's firearms. The court may, as part of that warrant,
direct the law enforcement agency to search the respondent's
residence and other places where the court finds there is
probable cause to believe he or she is likely to possess the
firearms.
(g) An emergency firearms restraining order shall require:
(1) the respondent to refrain from having in his or her
custody or control, purchasing, possessing, or receiving
additional firearms for the duration of the order; and
(2) the respondent to turn over to the local law
enforcement agency any Firearm Owner's Identification Card
and concealed carry license in his or her possession. The
local law enforcement agency shall immediately mail the
card and concealed carry license to the Department of State
Police Firearm Services Bureau for safekeeping. The
firearm or firearms and Firearm Owner's Identification
Card and concealed carry license, if unexpired, shall be
returned to the respondent after the firearms restraining
order is terminated, or expired, or not granted within 7
days.

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(h) Except as otherwise provided in subsection (h-5) of
this Section, upon expiration of the period of safekeeping, if
the firearms or Firearm Owner's Identification Card and
concealed carry license cannot be returned to the respondent
because the respondent cannot be located, fails to respond to
requests to retrieve the firearms, or is not lawfully eligible
to possess a firearm, upon petition from the local law
enforcement agency, the court may order the local law
enforcement agency to destroy the firearms, use the firearms
for training purposes, or use the firearms for any other
application as deemed appropriate by the local law enforcement
agency.
(h-5) A respondent whose Firearm Owner's Identification
Card has been revoked or suspended may petition the court, if
the petitioner is present in court or has notice of the
respondent's petition, to transfer the respondent's firearm to
a person who is lawfully able to possess the firearm if the
person does not reside at the same address as the respondent.
Notice of the petition shall be served upon the person
protected by the emergency firearms restraining order. While
the order is in effect, the transferee who receives the
respondent's firearms must swear or affirm by affidavit that he
or she shall not transfer the firearm to the respondent or to
anyone residing in the same residence as the respondent.
(h-6) If a person other than the respondent claims title to
any firearms surrendered under this Section, he or she may

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petition the court, if the petitioner is present in court or
has notice of the petition, to have the firearm returned to him
or her. If the court determines that person to be the lawful
owner of the firearm, the firearm shall be returned to him or
her, provided that:
(1) the firearm is removed from the respondent's
custody, control, or possession and the lawful owner agrees
to store the firearm in a manner such that the respondent
does not have access to or control of the firearm; and
(2) the firearm is not otherwise unlawfully possessed
by the owner.
The person petitioning for the return of his or her firearm
must swear or affirm by affidavit that he or she: (i) is the
lawful owner of the firearm; (ii) shall not transfer the
firearm to the respondent; and (iii) will store the firearm in
a manner that the respondent does not have access to or control
of the firearm.
(i) In accordance with subsection (e) of this Section, the
court shall schedule a full hearing as soon as possible, but no
longer than 14 days from the issuance of an ex parte firearms
restraining order, to determine if a 6-month firearms
restraining order shall be issued. The court may extend an ex
parte order as needed, but not to exceed 14 days, to effectuate
service of the order or if necessary to continue protection.
The court may extend the order for a greater length of time by
mutual agreement of the parties.

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(Source: P.A. 100-607, eff. 1-1-19; revised 10-2-18.)
(430 ILCS 67/40)
Sec. 40. Six-month Six month orders.
(a) A petitioner may request a 6-month firearms restraining
order by filing an affidavit or verified pleading alleging that
the respondent poses a significant danger of causing personal
injury to himself, herself, or another in the near future by
having in his or her custody or control, purchasing,
possessing, or receiving a firearm. The petition shall also
describe the number, types, and locations of any firearms
presently believed by the petitioner to be possessed or
controlled by the respondent.
(b) If the respondent is alleged to pose a significant
danger of causing personal injury to an intimate partner, or an
intimate partner is alleged to have been the target of a threat
or act of violence by the respondent, the petitioner shall make
a good faith effort to provide notice to any and all intimate
partners of the respondent. The notice must include that the
petitioner intends to petition the court for a 6-month firearms
restraining order, and, if the petitioner is a law enforcement
officer, referral to relevant domestic violence or stalking
advocacy or counseling resources, if appropriate. The
petitioner Petitioner shall attest to having provided the
notice in the filed affidavit or verified pleading. If, after
making a good faith effort, the petitioner is unable to provide

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notice to any or all intimate partners, the affidavit or
verified pleading should describe what efforts were made.
(c) Every person who files a petition for a 6-month
firearms restraining order, knowing the information provided
to the court at any hearing or in the affidavit or verified
pleading to be false, is guilty of perjury under Section 32-2
of the Criminal Code of 2012.
(d) Upon receipt of a petition for a 6-month firearms
restraining order, the court shall order a hearing within 30
days.
(e) In determining whether to issue a firearms restraining
order under this Section, the court shall consider evidence
including, but not limited to, the following:
(1) The unlawful and reckless use, display, or
brandishing of a firearm by the respondent.
(2) The history of use, attempted use, or threatened
use of physical force by the respondent against another
person.
(3) Any prior arrest of the respondent for a felony
offense.
(4) Evidence of the abuse of controlled substances or
alcohol by the respondent.
(5) A recent threat of violence or act of violence by
the respondent directed toward himself, herself, or
another.
(6) A violation of an emergency order of protection

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issued under Section 217 of the Illinois Domestic Violence
Act of 1986 or Section 112A-17 of the Code of Criminal
Procedure of 1963 or of an order of protection issued under
Section 214 of the Illinois Domestic Violence Act of 1986
or Section 112A-14 of the Code of Criminal Procedure of
1963.
(7) A pattern of violent acts or violent threats,
including, but not limited to, threats of violence or acts
of violence by the respondent directed toward himself,
herself, or another.
(f) At the hearing, the petitioner shall have the burden of
proving, by clear and convincing evidence, that the respondent
poses a significant danger of personal injury to himself,
herself, or another by having in his or her custody or control,
purchasing, possessing, or receiving a firearm.
(g) If the court finds that there is clear and convincing
evidence to issue a firearms restraining order, the court shall
issue a firearms restraining order that shall be in effect for
6 months subject to renewal under Section 45 of this Act or
termination under that Section.
(g-5) If the court issues a 6-month firearms restraining
order, it shall, upon a finding of probable cause that the
respondent possesses firearms, issue a search warrant
directing a law enforcement agency to seize the respondent's
firearms. The court may, as part of that warrant, direct the
law enforcement agency to search the respondent's residence and

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other places where the court finds there is probable cause to
believe he or she is likely to possess the firearms.
(h) A 6-month firearms restraining order shall require:
(1) the respondent to refrain from having in his or her
custody or control, purchasing, possessing, or receiving
additional firearms for the duration of the order; and
(2) the respondent to turn over to the local law
enforcement agency any firearm or Firearm Owner's
Identification Card and concealed carry license in his or
her possession. The local law enforcement agency shall
immediately mail the card and concealed carry license to
the Department of State Police Firearm Services Bureau for
safekeeping. The firearm or firearms and Firearm Owner's
Identification Card and concealed carry license, if
unexpired, shall be returned to the respondent after the
firearms restraining order is terminated, or expired, or
not granted within 7 days.
(i) Except as otherwise provided in subsection (i-5) of
this Section, upon expiration of the period of safekeeping, if
the firearms or Firearm Owner's Identification Card cannot be
returned to the respondent because the respondent cannot be
located, fails to respond to requests to retrieve the firearms,
or is not lawfully eligible to possess a firearm, upon petition
from the local law enforcement agency, the court may order the
local law enforcement agency to destroy the firearms, use the
firearms for training purposes, or use the firearms for any

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other application as deemed appropriate by the local law
enforcement agency.
(i-5) A respondent whose Firearm Owner's Identification
Card has been revoked or suspended may petition the court, if
the petitioner is present in court or has notice of the
respondent's petition, to transfer the respondent's firearm to
a person who is lawfully able to possess the firearm if the
person does not reside at the same address as the respondent.
Notice of the petition shall be served upon the person
protected by the emergency firearms restraining order. While
the order is in effect, the transferee who receives the
respondent's firearms must swear or affirm by affidavit that he
or she shall not transfer the firearm to the respondent or to
anyone any one residing in the same residence as the
respondent.
(i-6) If a person other than the respondent claims title to
any firearms surrendered under this Section, he or she may
petition the court, if the petitioner is present in court or
has notice of the petition, to have the firearm returned to him
or her. If the court determines that person to be the lawful
owner of the firearm, the firearm shall be returned to him or
her, provided that:
(1) the firearm is removed from the respondent's
custody, control, or possession and the lawful owner agrees
to store the firearm in a manner such that the respondent
does not have access to or control of the firearm; and

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(2) the firearm is not otherwise unlawfully possessed
by the owner.
The person petitioning for the return of his or her firearm
must swear or affirm by affidavit that he or she: (i) is the
lawful owner of the firearm; (ii) shall not transfer the
firearm to the respondent; and (iii) will store the firearm in
a manner that the respondent does not have access to or control
of the firearm.
(j) If the court does not issue a firearms restraining
order at the hearing, the court shall dissolve any emergency
firearms restraining order then in effect.
(k) When the court issues a firearms restraining order
under this Section, the court shall inform the respondent that
he or she is entitled to one hearing during the period of the
order to request a termination of the order, under Section 45
of this Act, and shall provide the respondent with a form to
request a hearing.
(Source: P.A. 100-607, eff. 1-1-19; revised 10-2-18.)
Section 99. Effective date. This Act takes effect upon
becoming law.