Proposed Illinois Firearm Legislation HB0790
Legislation Overview
Title: FIREARM OWNERS ID-APPEALS
Description: Amends the Firearm Owners Identification Card Act. Provides that for any appeal permitted under the Act to the Director of the Illinois State Police for failure to act on a Firearm Owner's Identification Card application within 30 days or its denial, seizure, or revocation, the Director shall either grant or deny the appeal within 60 days of the receipt of the appeal. Provides that if the appeal is granted, the Director shall return the aggrieved party's Firearm Owner's Identification Card to the aggrieved party, or issue him or her a new Firearm Owner's Identification Card, as the case may be, no later than 7 business days after the appeal is granted. Provides that if the appeal is denied, the Director shall set forth in writing the specific reasons for the denial and shall cause the written denial to be mailed to the aggrieved party no later than 7 business days after the appeal is denied. Provides that if the Director fails to either grant or deny the appeal within 60 days of the receipt of the appeal, the appeal shall be considered granted, and the Director shall return the aggrieved party's Firearm Owner's Identification Card or issue him or her a new Firearm Owner's Identification Card, as the case may be, no later than 67 days from the date that the appeal was received. Provides that a denial shall be considered a final administrative order, regardless of whether there was a formal hearing in which evidence was taken, and the aggrieved party may seek judicial review of the final administrative order in accordance with the provisions of the Administrative Review Law and the Act. Provides that if administrative review is taken and if the circuit court then finds that the Director denied the appeal without reasonable cause, the circuit court may award the aggrieved party court costs and a reasonable attorney's fee to be paid by the State. Nothing herein limits the contempt power of the circuit court. Provides that when the word "shall" appears in this provision, it shall be construed as being mandatory and not discretionary.
Session: 102nd General Assembly
Last Action: Rule 19(a) / Re-referred to Rules Committee
Last Action Date: March 27, 2021
Sponsors
Note: the first sponsor listed is normally the primary sponsor. If a sponsor's name is a hyperlink you can click on it to 'follow the money'.
3 sponsors: Patrick Windhorst (R); Tony McCombie (R); Michael Marron (R);
Percentage of House Of Representatives sponsoring bill: 3% (3 of 118)
History
| Chamber | Date | Action |
| House | Mar 27, 2021 | Rule 19(a) / Re-referred to Rules Committee |
| House | Mar 18, 2021 | To Firearms and Firearm Safety Subcommittee |
| House | Mar 2, 2021 | Assigned to Judiciary - Criminal Committee |
| House | Feb 24, 2021 | Added Co-Sponsor Rep. Michael T. Marron |
| House | Feb 16, 2021 | Added Chief Co-Sponsor Rep. Tony McCombie |
| House | Feb 10, 2021 | Referred to Rules Committee |
| House | Feb 10, 2021 | First Reading |
| House | Feb 8, 2021 | Filed with the Clerk by Rep. Patrick Windhorst |
Texts
| Type | Date | State Link | Text |
| Introduced | Feb 8, 2021 | state link | bill text |
Amendments
| Title | Description | Date | State Link | Text | Adopted |
| There are no amendments to this bill at this time | |||||
Votes - Click on description to view vote roll call
There have not been any votes on this bill
Link: link to state bill page
