Rep. Kathleen Willis
Filed: 4/26/2018
 
 


 




10000HB2354ham001LRB100 05908 RLC 39325 a



1
AMENDMENT TO HOUSE BILL 2354




2 AMENDMENT NO. ______. Amend House Bill 2354 by replacing 
3everything after the enacting clause with the following:


4 "Section 1. Short title. This Act may be cited as the 
5Firearms Restraining Order Act.

6 Section 5. Definitions.
As used in this Act:
7 "Family member of the respondent" means a spouse, parent, 
8child, or step-child of the respondent, any other person 
9related by blood or present marriage to the respondent, or a 
10person who shares a common dwelling with the respondent.
11 "Firearms restraining order" means an order issued by the 
12court, prohibiting and enjoining a named person from having in 
13his or her custody or control, owning, purchasing, possessing, 
14or receiving any firearms.

15 "Intimate partner" means a spouse, former spouse, a person 
16with whom the respondent has or allegedly has a child in 
 
 
10000HB2354ham001- 2 -LRB100 05908 RLC 39325 a


1common, or a person with whom the respondent has or has had a 
2dating or engagement relationship.
3 "Petitioner" means:
4  (1) a family member of the respondent as defined in 
5 this Act; or

6  (2) a law enforcement officer,
who files a petition 
7 alleging that the respondent poses a danger of causing 
8 personal injury to himself, herself, or another by having 
9 in his or her custody or control, owning, purchasing, 
10 possessing, or receiving a firearm.
11 "Respondent" means the person alleged in the petition to 
12pose a danger of causing personal injury to himself, herself, 
13or another by having in his or her custody or control, owning, 
14purchasing, possessing, or receiving a firearm.

15 Section 10. Commencement of action; procedure.

16 (a) Actions for a firearms restraining order are commenced 
17by filing a verified petition for a firearms restraining order 
18in any circuit court.

19 (b) A petition for a firearms restraining order may be 
20filed in any county where the respondent resides.

21 (c) No fee shall be charged by the clerk for filing, 
22amending, vacating, certifying, or photocopying petitions or 
23orders; or for issuing alias summons; or for any related filing 
24service. No fee shall be charged by the sheriff or other law 
25enforcement for service by the sheriff or other law enforcement 
 
 
10000HB2354ham001- 3 -LRB100 05908 RLC 39325 a


1of a petition, rule, motion, or order in an action commenced 
2under this Section.
3 (d) The court shall provide, through the office of the 
4clerk of the court, simplified forms and clerical assistance to 
5help with the writing and filing of a petition under this 
6Section by any person not represented by counsel. In addition, 
7that assistance may be provided by the State's Attorney.


8 Section 15. Subject matter jurisdiction.
Each of the 
9circuit courts shall have the power to issue firearms 
10restraining orders.

11 Section 20. Jurisdiction over persons.
The circuit courts 
12of this State have jurisdiction to bind (1) State residents and 
13(2) non-residents having minimum contacts with this State, to 
14the extent permitted by Section 2-209 of the Code of Civil 
15Procedure.


16 Section 25. Process.
The summons shall be in the form 
17prescribed by Supreme Court Rule 101(d), except that it shall 
18require respondent to answer or appear within 7 days. 
19Attachments to the summons or notice shall include the petition 
20for the firearms restraining order and supporting affidavits, 
21if any, and any emergency firearms restraining order that has 
22been issued. The enforcement of an order under Section 35 shall 
23not be affected by the lack of service, delivery, or notice, 
 
 
10000HB2354ham001- 4 -LRB100 05908 RLC 39325 a


1provided the requirements of subsection (f) of that Section are 
2otherwise met.


3 Section 30. Service of notice of hearings.
Service of 
4notice of hearings. Except as provided in Section 25, notice of 
5hearings on petitions or motions shall be served in accordance 
6with Supreme Court Rules 11 and 12, unless notice is excused by 
7Section 35 of this Act, or by the Code of Civil Procedure, 
8Supreme Court Rules, or local rules.


9 Section 35. Ex parte orders and emergency hearings.

10 (a) A petitioner may request an emergency firearms 
11restraining order by filing an affidavit or verified pleading 
12alleging that the respondent poses an immediate and present 
13danger of causing personal injury to himself, herself, or 
14another by having in his or her custody or control, owning, 
15purchasing, possessing, or receiving a firearm. The petition 
16shall also describe the type, and location of any firearm or 
17firearms presently believed by the petitioner to be possessed 
18or controlled by the respondent.

19 (b) If the respondent is alleged to pose an immediate and 
20present danger of causing personal injury to an intimate 
21partner, or an intimate partner is alleged to have been the 
22target of a threat or act of violence by the respondent, 
23petitioner shall make a good faith effort to provide notice to 
24any and all intimate partners of the respondent. The notice 
 
 
10000HB2354ham001- 5 -LRB100 05908 RLC 39325 a


1must include that the petitioner intends to petition the court 
2for an emergency firearms restraining order, and, if petitioner 
3is a law enforcement officer, referral to relevant domestic 
4violence or stalking advocacy or counseling resources, if 
5appropriate. Petitioner shall attest to having provided the 
6notice in the filed affidavit or verified pleading. If after 
7making a good faith effort petitioner is unable to provide 
8notice to any or all intimate partners, the affidavit or 
9verified pleading should describe what efforts were made.
10 (c) Every person who files a petition for an emergency 
11firearms restraining order, knowing the information provided 
12to the court at any hearing or in the affidavit or verified 
13pleading to be false, is guilty of perjury under Section 32-2 
14of the Criminal Code of 2012.

15 (d) An emergency firearms restraining order shall be issued 
16on an ex parte basis, that is, without notice to the 
17respondent.

18 (e) An emergency hearing held on an ex parte basis shall be 
19held the same day that the petition is filed or the next day 
20that the court is in session.

21 (f) If a circuit or associate judge finds probable cause to 
22believe that the respondent poses an immediate and present 
23danger of causing personal injury to himself, herself, or 
24another by having in his or her custody or control, owning, 
25purchasing, possessing, or receiving a firearm the circuit or 
26associate judge shall issue an emergency order.

 
 
10000HB2354ham001- 6 -LRB100 05908 RLC 39325 a


1 (f-5) If the court issues an emergency firearms restraining 
2order, it shall, upon a finding of probable cause that the 
3respondent possesses firearms, issue a search warrant 
4directing a law enforcement agency to seize the respondent's 
5firearms. The court may, as part of that warrant, direct the 
6law enforcement agency to search the respondent's residence and 
7other places where the court finds there is probable cause to 
8believe he or she is likely to possess the firearms.
9 (g) An emergency firearms restraining order shall require:

10  (1) the respondent to refrain from having in his or her 
11 custody or control, owning, purchasing, possessing, or 
12 receiving additional firearms for the duration of the 
13 order;
and
14  (2) the respondent to turn over to the local law 
15 enforcement agency any Firearm Owner's Identification Card 
16 and concealed carry license in his or her possession. The 
17 local law enforcement agency shall immediately mail the 
18 card and concealed carry license to the Department of State 
19 Police Firearm Services Bureau for safekeeping. The 
20 firearm or firearms and Firearm Owner's Identification 
21 Card and concealed carry license, if unexpired, shall be 
22 returned to the respondent after the firearms restraining 
23 order is terminated or expired.
24 (h) Except as otherwise provided in subsection (h-5) of 
25this Section, upon expiration of the period of safekeeping, if 
26the firearms or Firearm Owner's Identification Card and 
 
 
10000HB2354ham001- 7 -LRB100 05908 RLC 39325 a


1concealed carry license cannot be returned to respondent 
2because respondent cannot be located, fails to respond to 
3requests to retrieve the firearms, or is not lawfully eligible 
4to possess a firearm, upon petition from the local law 
5enforcement agency, the court may order the local law 
6enforcement agency to destroy the firearms, use the firearms 
7for training purposes, or for any other application as deemed 
8appropriate by the local law enforcement agency.

9 (h-5) A respondent whose Firearm Owner's Identification 
10Card has been revoked or suspended may petition the court, if 
11the petitioner is present in court or has notice of the 
12respondent's petition, to transfer the respondent's firearm to 
13a person who is lawfully able to possess the firearm if the 
14person does not reside at the same address as the respondent. 
15Notice of the petition shall be served upon the person 
16protected by the emergency firearms restraining order. While 
17the order is in effect, the transferee who receives 
18respondent's firearms must swear or affirm by affidavit that he 
19or she shall not transfer the firearm to the respondent or to 
20anyone residing in the same residence as the respondent.
21 (i) In accordance with subsection (e) of this Section, the 
22court shall schedule a full hearing as soon as possible, but no 
23longer than 14 days from the issuance of an ex parte firearms 
24restraining order, to determine if a 6-month firearms 
25restraining order shall be issued. The court may extend an ex 
26parte order as needed, but not to exceed 14 days, to effectuate 
 
 
10000HB2354ham001- 8 -LRB100 05908 RLC 39325 a


1service of the order or if necessary to continue protection. 
2The court may extend the order for a greater length of time by 
3mutual agreement of the parties.


4 Section 40. Six month orders.

5 (a) A petitioner may request a 6-month firearms restraining 
6order by filing an affidavit or verified pleading alleging that 
7the respondent poses a significant danger of causing personal 
8injury to himself, herself, or another in the near future by 
9having in his or her custody or control, owning, purchasing, 
10possessing, or receiving a firearm. The petition shall also 
11describe the number, types, and locations of any firearms 
12presently believed by the petitioner to be possessed or 
13controlled by the respondent.

14 (b) If the respondent is alleged to pose a significant 
15danger of causing personal injury to an intimate partner, or an 
16intimate partner is alleged to have been the target of a threat 
17or act of violence by the respondent, petitioner shall make a 
18good faith effort to provide notice to any and all intimate 
19partners of the respondent. The notice must include that the 
20petitioner intends to petition the court for a 6-month firearms 
21restraining order, and, if petitioner is a law enforcement 
22officer, referral to relevant domestic violence or stalking 
23advocacy or counseling resources, if appropriate. Petitioner 
24shall attest to having provided the notice in the filed 
25affidavit or verified pleading. If after making a good faith 
 
 
10000HB2354ham001- 9 -LRB100 05908 RLC 39325 a


1effort petitioner is unable to provide notice to any or all 
2intimate partners, the affidavit or verified pleading should 
3describe what efforts were made.
4 (c) Every person who files a petition for a 6-month 
5firearms restraining order, knowing the information provided 
6to the court at any hearing or in the affidavit or verified 
7pleading to be false, is guilty of perjury under Section 32-2 
8of the Criminal Code of 2012.

9 (d) Upon receipt of a petition for a 6-month firearms 
10restraining order, the court shall order a hearing within 30 
11days.

12 (e) In determining whether to issue a firearms restraining 
13order under this Section, the court shall consider evidence 
14including, but not limited to, the following:

15  (1) The unlawful and reckless use, display, or 
16 brandishing of a firearm by the respondent.

17  (2) The history of use, attempted use, or threatened 
18 use of physical force by the respondent against another 
19 person.

20  (3) Any prior arrest of the respondent for a felony 
21 offense.
22  (4) Evidence of the abuse of controlled substances or 
23 alcohol by the respondent.
24  (5) A recent threat of violence or act of violence by 
25 the respondent directed toward himself, herself, or 
26 another.
 
 
10000HB2354ham001- 10 -LRB100 05908 RLC 39325 a


1  (6) A violation of an emergency order of protection 
2 issued under Section 217 of the Illinois Domestic Violence 
3 Act of 1986 or Section 112A-17 of the Code of Criminal 
4 Procedure of 1963 or of an order of protection issued under 
5 Section 214 of the Illinois Domestic Violence Act of 1986 
6 or Section 112A-14 of the Code of Criminal Procedure of 
7 1963.
 
8  (7) A pattern of violent acts or violent threats, 
9 including, but not limited to, threats of violence or acts 
10 of violence by the respondent directed toward himself, 
11 herself, or another.
12 (f) At the hearing, the petitioner shall have the burden of 
13proving, by clear and convincing evidence, that the respondent 
14poses a significant danger of personal injury to himself, 
15herself, or another by having in his or her custody or control, 
16owning, purchasing, possessing, or receiving a firearm.
17 (g) If the court finds that there is clear and convincing 
18evidence to issue a firearms restraining order, the court shall 
19issue a firearms restraining order that shall be in effect for 
206 months subject to renewal under Section 45 of this Act or 
21termination under that Section. 
22 (g-5) If the court issues a 6-month firearms restraining 
23order, it shall, upon a finding of probable cause that the 
24respondent possesses firearms, issue a search warrant 
25directing a law enforcement agency to seize the respondent's 
26firearms. The court may, as part of that warrant, direct the 
 
 
10000HB2354ham001- 11 -LRB100 05908 RLC 39325 a


1law enforcement agency to search the respondent's residence and 
2other places where the court finds there is probable cause to 
3believe he or she is likely to possess the firearms.
4 (h) A 6-month firearms restraining order shall require:
5  (1) the respondent to refrain from having in his or her 
6 custody or control, owning, purchasing, possessing or 
7 receiving additional firearms for the duration of the 
8 order; and
9  (2) the respondent to turn over to the local law 
10 enforcement agency any firearm or Firearm Owner's 
11 Identification Card and concealed carry license in his or 
12 her possession. The local law enforcement agency shall 
13 immediately mail the card and concealed carry license to 
14 the Department of State Police Firearm Services Bureau for 
15 safekeeping. The firearm or firearms and Firearm Owner's 
16 Identification Card and concealed carry license, if 
17 unexpired shall be returned to the respondent after the 
18 firearms restraining order is terminated or expired. 
19  
20 (j) Except as otherwise provided in subsection (j-5) of 
21this Section, upon expiration of the period of safekeeping, if 
22the firearms or Firearm Owner's Identification Card cannot be 
23returned to respondent because respondent cannot be located, 
24fails to respond to requests to retrieve the firearms, or is 
25not lawfully eligible to possess a firearm, upon petition from 
26the local law enforcement agency, the court may order the local 
 
 
10000HB2354ham001- 12 -LRB100 05908 RLC 39325 a


1law enforcement agency to destroy the firearms, use the 
2firearms for training purposes, or for any other application as 
3deemed appropriate by the local law enforcement agency.
4 (j-5) A respondent whose Firearm Owner's Identification 
5Card has been revoked or suspended may petition the court, if 
6the petitioner is present in court or has notice of the 
7respondent's petition, to transfer the respondent's firearm to 
8a person who is lawfully able to possess the firearm if the 
9person does not reside at the same address as the respondent. 
10Notice of the petition shall be served upon the person 
11protected by the emergency firearms restraining order. While 
12the order is in effect, the transferee who receives 
13respondent's firearms must swear or affirm by affidavit that he 
14or she shall not transfer the firearm to the respondent or to 
15any one residing in the same residence as the respondent.
16 (k) If the court does not issue a firearms restraining 
17order at the hearing, the court shall dissolve any emergency 
18firearms restraining order then in effect.
19 (l) When the court issues a firearms restraining order 
20under this Section, the court shall inform the respondent that 
21he or she is entitled to one hearing during the period of the 
22order to request a termination of the order, under Section 45 
23of this Act, and shall provide the respondent with a form to 
24request a hearing. 

25 Section 45. Termination and renewal.

 
 
10000HB2354ham001- 13 -LRB100 05908 RLC 39325 a


1 (a) A person subject to a firearms restraining order issued 
2under this Act may submit one written request at any time 
3during the effective period of the order for a hearing to 
4terminate the order.
5  (1) The respondent shall have the burden of proving by 
6 a preponderance of the evidence that the respondent does 
7 not pose a danger of causing personal injury to himself, 
8 herself, or another in the near future by having in his or 
9 her custody or control, owning, purchasing, possessing, or 
10 receiving a firearm.
11  (2) If the court finds after the hearing that the 
12 respondent has met his or her burden, the court shall 
13 terminate the order.

14 (b) A petitioner may request a renewal of a firearms 
15restraining order at any time within the 3 months before the 
16expiration of a firearms restraining order.
17  (1) A court shall, after notice and a hearing, renew a 
18 firearms restraining order issued under this part if the 
19 petitioner proves, by clear and convincing evidence, that 
20 the respondent continues to pose a danger of causing 
21 personal injury to himself, herself, or another in the near 
22 future by having in his or her custody or control, owning, 
23 purchasing, possessing, or receiving a firearm.
24  (2) In determining whether to renew a firearms 
25 restraining order issued under this Act, the court shall 
26 consider evidence of the facts identified in subsection (e) 
 
 
10000HB2354ham001- 14 -LRB100 05908 RLC 39325 a


1 of Section 40 of this Act and any other evidence of an 
2 increased risk for violence. 
3  (3) At the hearing, the petitioner shall have the 
4 burden of proving, by clear and convincing evidence that 
5 the respondent continues to pose a danger of causing 
6 personal injury to himself, herself, or another in the near 
7 future by having in his or her custody or control, owning, 
8 purchasing, possessing, or receiving a firearm.
9  (4) The renewal of a firearms restraining order issued 
10 under this Section shall be in effect for 6 months, subject 
11 to termination by further order of the court at a hearing 
12 held under this Section and further renewal by further 
13 order of the court under this Section.

14 Section 50. Notice of orders.

15 (a) Entry and issuance. Upon issuance of any firearms 
16restraining order, the clerk shall immediately, or on the next 
17court day if an emergency firearms restraining order is issued 
18in accordance with Section 35 of this Act (emergency firearms 
19restraining order), (i) enter the order on the record and file 
20it in accordance with the circuit court procedures and (ii) 
21provide a file stamped copy of the order to respondent, if 
22present, and to petitioner.

23 (b) Filing with sheriff. The clerk of the issuing judge 
24shall, or the petitioner may, on the same day that a firearms 
25restraining order is issued, file a certified copy of that 
 
 
10000HB2354ham001- 15 -LRB100 05908 RLC 39325 a


1order with the sheriff or other law enforcement officials 
2charged with maintaining Department of State Police records or 
3charged with serving the order upon respondent. If the order 
4was issued in accordance with Section 35 of this Act (emergency 
5firearms restraining order), the clerk shall on the next court 
6day, file a certified copy of the order with the sheriff or 
7other law enforcement officials charged with maintaining 
8Department of State Police records.

9 (c) Service by sheriff. Unless respondent was present in 
10court when the order was issued, the sheriff or other law 
11enforcement official shall promptly serve that order upon 
12respondent and file proof of the service, in the manner 
13provided for service of process in civil proceedings. Instead 
14of serving the order upon the respondent, however, the sheriff, 
15other law enforcement official, or other persons defined in 
16Section 112A-22.10 of the Criminal Code of 1963 may serve the 
17respondent with a short form notification as provided in that 
18Section. If process has not yet been served upon the 
19respondent, it shall be served with the order or short form 
20notification if the service is made by the sheriff, or other 
21law enforcement official.
22 (d) Any order renewing or terminating any firearms 
23restraining order shall be promptly recorded, issued, and 
24served as provided in this Section.

25 Section 55. Data maintenance by law enforcement agencies.

 
 
10000HB2354ham001- 16 -LRB100 05908 RLC 39325 a


1 (a) All sheriffs shall furnish to the Department of State 
2Police, daily, in the form and detail the Department requires, 
3copies of any recorded firearms restraining order issued by the 
4court, and any foreign orders of protection filed by the clerk 
5of the court, and transmitted to the sheriff by the clerk of 
6the court under Section 50. Each firearms restraining order 
7shall be entered in the Law Enforcement Agencies Data System 
8(LEADS) on the same day it is issued by the court. If an 
9emergency firearms restraining order was issued in accordance 
10with Section 35 of this Act, the order shall be entered in the 
11Law Enforcement Agencies Data System (LEADS) as soon as 
12possible after receipt from the clerk.
13 (b) The Department of State Police shall maintain a 
14complete and systematic record and index of all valid and 
15recorded firearms restraining orders issued or filed under this 
16Act. The data shall be used to inform all dispatchers and law 
17enforcement officers at the scene of a violation of firearms 
18restraining order of the effective dates and terms of any 
19recorded order of protection.

20 (c) The data, records and transmittals required under this 
21Section shall pertain to any valid emergency or 6-month 
22firearms restraining order, whether issued in a civil or 
23criminal proceeding or authorized under the laws of another 
24state, tribe, or United States territory.


25 Section 60. Filing of a firearms restraining order issued 
 
 
10000HB2354ham001- 17 -LRB100 05908 RLC 39325 a


1by another state.

2 (a) A person who has sought a firearms restraining order or 
3similar order issued by the court of another state, tribe, or 
4United States territory may file a certified copy of the 
5firearms restraining order with the clerk of the court in a 
6judicial circuit in which the person believes that enforcement 
7may be necessary.

8 (b) The clerk shall:

9  (1) treat the foreign firearms restraining order in the 
10 same manner as a judgment of the circuit court for any 
11 county of this State in accordance with the provisions of 
12 the Uniform Enforcement of Foreign Judgments Act, except 
13 that the clerk shall not mail notice of the filing of the 
14 foreign order to the respondent named in the order; and
15  (2) on the same day that a foreign firearms restraining 
16 order is filed, file a certified copy of that order with 
17 the sheriff or other law enforcement officials charged with 
18 maintaining Department of State Police records as set forth 
19 in Section 55 of this Act.
20 (c) Neither residence in this State nor filing of a foreign 
21firearms restraining order shall be required for enforcement of 
22the order by this State. Failure to file the foreign order 
23shall not be an impediment to its treatment in all respects as 
24an Illinois firearms restraining order.
25 (d) The clerk shall not charge a fee to file a foreign 
26order of protection under this Section.


 
 
10000HB2354ham001- 18 -LRB100 05908 RLC 39325 a


1 Section 65. Enforcement; sanctions for violation of order.
 
2A respondent who knowingly violates a firearms restraining 
3order is guilty of a Class A misdemeanor. Prosecution for a 
4violation of a firearms restraining order shall not bar 
5concurrent prosecution for any other crime, including any crime 
6that may have been committed at the time of the violation of 
7the firearms restraining order.


8 Section 70. Non-preclusion of remedies.
Nothing in this Act 
9shall preclude a petitioner or law-enforcement officer from 
10removing weapons under other authority, or filing criminal 
11charges when probable cause exists.


12 Section 75. Limited law enforcement liability. Any act of 
13omission or commission by any law enforcement officer acting in 
14good faith in rendering emergency assistance or otherwise 
15enforcing this Act shall not impose civil liability upon the 
16law enforcement officer or his or her supervisor or employer, 
17unless the act is a result of willful or wanton misconduct. 

18 Section 80. Expungement or sealing of order. If the court 
19denies issuance of a firearms restraining order against the 
20respondent, all records of the proceeding shall be immediately 
21expunged from the court records. If the firearms restraining 
22order is granted, all records of the proceeding shall, 3 years 
 
 
10000HB2354ham001- 19 -LRB100 05908 RLC 39325 a


1after the expiration of the order, be sealed.

2 Section 135. The Firearm Owners Identification Card Act is 
3amended by changing Section 8.2 and adding Section 8.3 as 
4follows:

5 (430 ILCS 65/8.2)
6 Sec. 8.2. Firearm Owner's Identification Card denial or 
7revocation. The Department of State Police shall deny an 
8application or shall revoke and seize a Firearm Owner's 
9Identification Card previously issued under this Act if the 
10Department finds that the applicant or person to whom such card 
11was issued is or was at the time of issuance subject to an 
12existing order of protection or firearms restraining order.

13(Source: P.A. 96-701, eff. 1-1-10.)

14 (430 ILCS 65/8.3 new)
15 Sec. 8.3. Suspension of Firearm Owner's Identification

16Card.  The Department of State Police may, by rule in a manner

17consistent with the Department's rules concerning revocation,

18provide for the suspension of the Firearm Owner's

19Identification Card of a person whose Firearm Owner's

20Identification Card is subject to revocation and seizure under

21this Act for the duration of the disqualification if the

22disqualification is not a permanent grounds for revocation of a

23Firearm Owner's Identification Card under this Act.


 
 
10000HB2354ham001- 20 -LRB100 05908 RLC 39325 a


1 Section 140. The Firearm Concealed Carry Act is amended by 
2changing Section 70 as follows:

3 (430 ILCS 66/70)

4 Sec. 70. Violations. 
5 (a) A license issued or renewed under this Act shall be 
6revoked if, at any time, the licensee is found to be ineligible 
7for a license under this Act or the licensee no longer meets 
8the eligibility requirements of the Firearm Owners 
9Identification Card Act.
10 (b) A license shall be suspended if an order of protection, 
11including an emergency order of protection, plenary order of 
12protection, or interim order of protection under Article 112A 
13of the Code of Criminal Procedure of 1963 or under the Illinois 
14Domestic Violence Act of 1986, or if a firearms restraining 
15order, including an emergency firearms restraining order, 
16under the Firearms Restraining Order Act, is issued against a 
17licensee for the duration of the order, or if the Department is 
18made aware of a similar order issued against the licensee in 
19any other jurisdiction. If an order of protection is issued 
20against a licensee, the licensee shall surrender the license, 
21as applicable, to the court at the time the order is entered or 
22to the law enforcement agency or entity serving process at the 
23time the licensee is served the order. The court, law 
24enforcement agency, or entity responsible for serving the order 
 
 
10000HB2354ham001- 21 -LRB100 05908 RLC 39325 a


1of protection shall notify the Department within 7 days and 
2transmit the license to the Department.
3 (c) A license is invalid upon expiration of the license, 
4unless the licensee has submitted an application to renew the 
5license, and the applicant is otherwise eligible to possess a 
6license under this Act.
7 (d) A licensee shall not carry a concealed firearm while 
8under the influence of alcohol, other drug or drugs, 
9intoxicating compound or combination of compounds, or any 
10combination thereof, under the standards set forth in 
11subsection (a) of Section 11-501 of the Illinois Vehicle Code.
12 A licensee in violation of this subsection (d) shall be 
13guilty of a Class A misdemeanor for a first or second violation 
14and a Class 4 felony for a third violation. The Department may 
15suspend a license for up to 6 months for a second violation and 
16shall permanently revoke a license for a third violation.
17 (e) Except as otherwise provided, a licensee in violation 
18of this Act shall be guilty of a Class B misdemeanor. A second 
19or subsequent violation is a Class A misdemeanor. The 
20Department may suspend a license for up to 6 months for a 
21second violation and shall permanently revoke a license for 3 
22or more violations of Section 65 of this Act. Any person 
23convicted of a violation under this Section shall pay a $150 
24fee to be deposited into the Mental Health Reporting Fund, plus 
25any applicable court costs or fees.
26 (f) A licensee convicted or found guilty of a violation of 
 
 
10000HB2354ham001- 22 -LRB100 05908 RLC 39325 a


1this Act who has a valid license and is otherwise eligible to 
2carry a concealed firearm shall only be subject to the 
3penalties under this Section and shall not be subject to the 
4penalties under Section 21-6, paragraph (4), (8), or (10) of 
5subsection (a) of Section 24-1, or subparagraph (A-5) or (B-5) 
6of paragraph (3) of subsection (a) of Section 24-1.6 of the 
7Criminal Code of 2012. Except as otherwise provided in this 
8subsection, nothing in this subsection prohibits the licensee 
9from being subjected to penalties for violations other than 
10those specified in this Act.
11 (g) A licensee whose license is revoked, suspended, or 
12denied shall, within 48 hours of receiving notice of the 
13revocation, suspension, or denial, surrender his or her 
14concealed carry license to the local law enforcement agency 
15where the person resides. The local law enforcement agency 
16shall provide the licensee a receipt and transmit the concealed 
17carry license to the Department of State Police. If the 
18licensee whose concealed carry license has been revoked, 
19suspended, or denied fails to comply with the requirements of 
20this subsection, the law enforcement agency where the person 
21resides may petition the circuit court to issue a warrant to 
22search for and seize the concealed carry license in the 
23possession and under the custody or control of the licensee 
24whose concealed carry license has been revoked, suspended, or 
25denied. The observation of a concealed carry license in the 
26possession of a person whose license has been revoked, 
 
 
10000HB2354ham001- 23 -LRB100 05908 RLC 39325 a


1suspended, or denied constitutes a sufficient basis for the 
2arrest of that person for violation of this subsection. A 
3violation of this subsection is a Class A misdemeanor.
4 (h) A license issued or renewed under this Act shall be 
5revoked if, at any time, the licensee is found ineligible for a 
6Firearm Owner's Identification Card, or the licensee no longer 
7possesses a valid Firearm Owner's Identification Card. A 
8licensee whose license is revoked under this subsection (h) 
9shall surrender his or her concealed carry license as provided 
10for in subsection (g) of this Section. 
11 This subsection shall not apply to a person who has filed 
12an application with the State Police for renewal of a Firearm

13Owner's Identification Card and who is not otherwise ineligible 
14to obtain a Firearm Owner's Identification Card.

15 (i) A certified firearms instructor who knowingly provides 
16or offers to provide a false certification that an applicant 
17has completed firearms training as required under this Act is 
18guilty of a Class A misdemeanor. A person guilty of a violation 
19of this subsection (i) is not eligible for court supervision. 
20The Department shall permanently revoke the firearms 
21instructor certification of a person convicted under this 
22subsection (i). 
23(Source: P.A. 98-63, eff. 7-9-13; 98-756, eff. 7-16-14; 98-899, 
24eff. 8-15-14.)".