Bill Text: IL SB3690 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Amends the Firearm Owners Identification Card Act. Provides that notwithstanding any prohibitions on granting relief from obtaining a Firearm Owner's Identification Card because of federal law, the Director of the Illinois State Police, or the circuit court for various violations, may grant relief when the federal prohibition on possession of firearms is predicated solely on a provision of the Criminal Code of 2012, including, but not limited to, possession of a firearm by a felon, that would no longer apply to the applicant upon granting of relief under the appeals provisions of the Act. Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2021-01-13 - Session Sine Die [SB3690 Detail]

Download: Illinois-2019-SB3690-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 SB3690 Introduced 2/14/2020, by Sen. Rachelle Crowe SYNOPSIS AS INTRODUCED:
430 ILCS 65/10 from Ch. 38, par. 83-10
Amends the Firearm Owners Identification Card Act. Provides that notwithstanding any prohibitions on granting relief from obtaining a Firearm Owner's Identification Card because of federal law, the Director of the Illinois State Police, or the circuit court for various violations, may grant relief when the federal prohibition on possession of firearms is predicated solely on a provision of the Criminal Code of 2012, including, but not limited to, possession of a firearm by a felon, that would no longer apply to the applicant upon granting of relief under the appeals provisions of the Act. 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 Firearm Owners Identification Card Act is
amended by changing Section 10 as follows:
(430 ILCS 65/10) (from Ch. 38, par. 83-10)
Sec. 10. Appeal to director; hearing; relief from firearm
prohibitions.
(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 State Police for a hearing upon 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 felony violation
of Article 24 of the Criminal Code of 1961 or the Criminal Code
of 2012, or any adjudication as a delinquent minor for the
commission of an offense that if committed by an adult would be

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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.
(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
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. However, the court
shall not issue the order if the petitioner is otherwise
prohibited from obtaining, possessing, or using a firearm under
federal law.
(c) Any person prohibited from possessing a firearm under
Sections 24-1.1 or 24-3.1 of the Criminal Code of 2012 or
acquiring a Firearm Owner's Identification Card under Section 8
of this Act may apply to the Director 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:
(0.05) when in the circuit court, the State's Attorney
has been served with a written copy of the petition at

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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;
(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;
(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;
(3) granting relief would not be contrary to the public
interest; and
(4) granting relief would not be contrary to federal
law. Notwithstanding any prohibitions on such relief in
this paragraph (4), the Director, or circuit court as
provided in subsection (a), may grant relief when the
federal prohibition on possession of firearms is
predicated solely on a provision of the Criminal Code of
2012, including, but not limited to, subsection (a) of
Section 24-1.1 of that Code, that would no longer apply to
the applicant upon granting of relief under this Section.
(c-5) (1) An active law enforcement officer employed by a
unit of government, who is denied, revoked, or has his or her

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Firearm Owner's Identification Card seized under subsection
(e) of Section 8 of this Act may apply to the Director of State
Police requesting relief if the officer did not act in a manner
threatening to the officer, another person, or the public as
determined by the treating clinical psychologist or physician,
and as a result of his or her work is referred by the employer
for or voluntarily seeks mental health evaluation or treatment
by a licensed clinical psychologist, psychiatrist, or
qualified examiner, and:
(A) the officer has not received treatment
involuntarily at a mental health facility, regardless of
the length of admission; or has not been voluntarily
admitted to a mental health facility for more than 30 days
and not for more than one incident within the past 5 years;
and
(B) the officer has not left the mental institution
against medical advice.
(2) The Director of State Police shall grant expedited
relief to active law enforcement officers described in
paragraph (1) of this subsection (c-5) upon a determination by
the Director that the officer's possession of a firearm does
not present a threat to themselves, others, or public safety.
The Director shall act on the request for relief within 30
business days of receipt of:
(A) a notarized statement from the officer in the form
prescribed by the Director detailing the circumstances

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that led to the hospitalization;
(B) all documentation regarding the admission,
evaluation, treatment and discharge from the treating
licensed clinical psychologist or psychiatrist of the
officer;
(C) a psychological fitness for duty evaluation of the
person completed after the time of discharge; and
(D) written confirmation in the form prescribed by the
Director from the treating licensed clinical psychologist
or psychiatrist that the provisions set forth in paragraph
(1) of this subsection (c-5) have been met, the person
successfully completed treatment, and their professional
opinion regarding the person's ability to possess
firearms.
(3) Officers eligible for the expedited relief in paragraph
(2) of this subsection (c-5) have the burden of proof on
eligibility and must provide all information required. The
Director may not consider granting expedited relief until the
proof and information is received.
(4) "Clinical psychologist", "psychiatrist", and
"qualified examiner" shall have the same meaning as provided in
Chapter I of the Mental Health and Developmental Disabilities
Code.
(c-10) (1) An applicant, who is denied, revoked, or has his
or her Firearm Owner's Identification Card seized under
subsection (e) of Section 8 of this Act based upon a

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determination of a developmental disability or an intellectual
disability may apply to the Director of State Police requesting
relief.
(2) The Director shall act on the request for relief within
60 business days of receipt of written certification, in the
form prescribed by the Director, from a physician or clinical
psychologist, or qualified examiner, that the aggrieved
party's developmental disability or intellectual disability
condition is determined by a physician, clinical psychologist,
or qualified to be mild. If a fact-finding conference is
scheduled to obtain additional information concerning the
circumstances of the denial or revocation, the 60 business days
the Director has to act shall be tolled until the completion of
the fact-finding conference.
(3) The Director may grant relief if the aggrieved party's
developmental disability or intellectual disability is mild as
determined by a physician, clinical psychologist, or qualified
examiner and it is established by the applicant to the
Director's satisfaction that:
(A) granting relief would not be contrary to the public
interest; and
(B) granting relief would not be contrary to federal
law.
(4) The Director may not grant relief if the condition is
determined by a physician, clinical psychologist, or qualified
examiner to be moderate, severe, or profound.

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(5) The changes made to this Section by this amendatory Act
of the 99th General Assembly apply to requests for relief
pending on or before the effective date of this amendatory Act,
except that the 60-day period for the Director to act on
requests pending before the effective date shall begin on the
effective date of this amendatory Act.
(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.
(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.
(f) Any person who is subject to the disabilities of 18
U.S.C. 922(d)(4) and 922(g)(4) of the federal Gun Control Act
of 1968 because of an adjudication or commitment that occurred
under the laws of this State or who was determined to be
subject to the provisions of subsections (e), (f), or (g) of
Section 8 of this Act may apply to the Department of State

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Police requesting relief from that prohibition. The Director
shall grant the relief if it is established by a preponderance
of the evidence that the person will not be likely to act in a
manner dangerous to public safety and that granting relief
would not be contrary to the public interest. In making this
determination, the Director shall receive evidence concerning
(i) the circumstances regarding the firearms disabilities from
which relief is sought; (ii) the petitioner's mental health and
criminal history records, if any; (iii) the petitioner's
reputation, developed at a minimum through character witness
statements, testimony, or other character evidence; and (iv)
changes in the petitioner's condition or circumstances since
the disqualifying events relevant to the relief sought. If
relief is granted under this subsection or by order of a court
under this Section, the Director shall as soon as practicable
but in no case later than 15 business days, update, correct,
modify, or remove the person's record in any database that the
Department of State Police makes available to the National
Instant Criminal Background Check System and notify the United
States Attorney General that the basis for the record being
made available no longer applies. The Department of State
Police shall adopt rules for the administration of this
Section.
(Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15; 99-78,
eff. 7-20-15.)
Section 99. Effective date. This Act takes effect upon

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becoming law.