102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB0431
 
Introduced , by Rep. Norine K. Hammond
 
SYNOPSIS AS INTRODUCED:



  
430 ILCS 65/10 from Ch. 38, par. 83-10

 Amends the Firearm Owners Identification Card Act. Provides that once the aggrieved party submits all required information for his or her appeal, updated information shall not be required from the party when the Illinois State Police has not completed the review of the appeal within the required 60 days.



LRB102 03990 RLC 14006 b


 
 
A BILL FOR
 


HB0431LRB102 03990 RLC 14006 b



1 AN ACT concerning safety.


2 Be it enacted by the People of the State of Illinois,

3represented in the General Assembly:



4 Section 5. The Firearm Owners Identification Card Act is 
5amended by changing Section 10 as follows:



6 (430 ILCS 65/10) (from Ch. 38, par. 83-10)



7 Sec. 10. Appeal to director; hearing; relief from firearm 
8prohibitions.  
9 (a) Whenever an application for a Firearm Owner's 
10Identification
Card is denied, whenever the Department fails 
11to act on an application
within 30 days of its receipt, or 
12whenever such a Card is revoked or seized
as provided for in 
13Section 8 of this Act, the aggrieved party may
appeal
to the 
14Director of State Police for a hearing upon
such denial, 
15revocation or seizure, unless the denial, revocation, or 
16seizure
was based upon a forcible felony, stalking, aggravated 
17stalking, domestic
battery, any violation of the Illinois 
18Controlled Substances Act, the Methamphetamine Control and 
19Community Protection Act, or the
Cannabis Control Act that is 
20classified as a Class 2 or greater felony,
any
felony 
21violation of Article 24 of the Criminal Code of 1961 or the 
22Criminal Code of 2012, or any
adjudication as a delinquent 
23minor for the commission of an
offense that if committed by an 
 
 
HB0431- 2 -LRB102 03990 RLC 14006 b


1adult would be a felony, in which case the
aggrieved party may 
2petition the circuit court in writing in the county of
his or 
3her residence for a hearing upon such denial, revocation, or 
4seizure. Once the aggrieved party submits all required 
5information for his or her appeal, updated information shall 
6not be required from the party when the Illinois State Police 
7has not completed the review of the appeal within the required 
860 days.

9 (b) At least 30 days before any hearing in the circuit 
10court, the
petitioner shall serve the
relevant State's 
11Attorney with a copy of the petition. The State's Attorney
may 
12object to the petition and present evidence. At the hearing 
13the court
shall
determine whether substantial justice has been 
14done. Should the court
determine that substantial justice has 
15not been done, the court shall issue an
order directing the 
16Department of State Police to issue a Card. However, the court 
17shall not issue the order if the petitioner is otherwise 
18prohibited from obtaining, possessing, or using a firearm 
19under
federal law. 

20 (c) Any person prohibited from possessing a firearm under 
21Sections 24-1.1
or 24-3.1 of the Criminal Code of 2012 or 
22acquiring a Firearm Owner's
Identification Card under Section 
238 of this Act may apply to
the Director
of State Police
or 
24petition the circuit court in the county where the petitioner 
25resides,
whichever is applicable in accordance with subsection 
26(a) of this Section,
requesting relief
from such prohibition 
 
 
HB0431- 3 -LRB102 03990 RLC 14006 b


1and the Director or court may grant such relief if it
is

2established by the applicant to the court's or Director's 
3satisfaction
that:

4  (0.05) when in the circuit court, the State's Attorney 
5 has been served
with a written
copy of the
petition at 
6 least 30 days before any such hearing in the circuit court 
7 and at
the hearing the
State's Attorney was afforded an 
8 opportunity to present evidence and object to
the 
9 petition;

10  (1) the applicant has not been convicted of a forcible 
11 felony under the
laws of this State or any other 
12 jurisdiction within 20 years of the
applicant's 
13 application for a Firearm Owner's Identification Card, or 
14 at
least 20 years have passed since the end of any period 
15 of imprisonment
imposed in relation to that conviction;

16  (2) the circumstances regarding a criminal conviction, 
17 where applicable,
the applicant's criminal history and his 
18 reputation are such that the applicant
will not be likely 
19 to act in a manner dangerous to public safety;

20  (3) granting relief would not be contrary to the 
21 public interest; and
22  (4) granting relief would not be contrary to federal 
23 law.

24 (c-5) (1) An active law enforcement officer employed by a 
25unit of government, who is denied, revoked, or has his or her 
26Firearm Owner's Identification Card seized under subsection 
 
 
HB0431- 4 -LRB102 03990 RLC 14006 b


1(e) of Section 8 of this Act may apply to the Director of State 
2Police requesting relief if the officer did not act in a manner 
3threatening to the officer, another person, or the public as 
4determined by the treating clinical psychologist or physician, 
5and as a result of his or her work is referred by the employer 
6for or voluntarily seeks mental health evaluation or treatment 
7by a licensed clinical psychologist, psychiatrist, or 
8qualified examiner, and:
9  (A) the officer has not received treatment 
10 involuntarily at a mental health facility, regardless of 
11 the length of admission; or has not been voluntarily 
12 admitted to a mental health facility for more than 30 days 
13 and not for more than one incident within the past 5 years; 
14 and
15  (B) the officer has not left the mental institution 
16 against medical advice.
17 (2) The Director of State Police shall grant expedited 
18relief to active law enforcement officers described in 
19paragraph (1) of this subsection (c-5) upon a determination by 
20the Director that the officer's possession of a firearm does 
21not present a threat to themselves, others, or public safety. 
22The Director shall act on the request for relief within 30 
23business days of receipt of:
24  (A) a notarized statement from the officer in the form 
25 prescribed by the Director detailing the circumstances 
26 that led to the hospitalization;
 
 
HB0431- 5 -LRB102 03990 RLC 14006 b


1  (B) all documentation regarding the admission, 
2 evaluation, treatment and discharge from the treating 
3 licensed clinical psychologist or psychiatrist of the 
4 officer;
5  (C) a psychological fitness for duty evaluation of the 
6 person completed after the time of discharge; and
7  (D) written confirmation in the form prescribed by the 
8 Director from the treating licensed clinical psychologist 
9 or psychiatrist that the provisions set forth in paragraph 
10 (1) of this subsection (c-5) have been met, the person 
11 successfully completed treatment, and their professional 
12 opinion regarding the person's ability to possess 
13 firearms.
14 (3) Officers eligible for the expedited relief in 
15paragraph (2) of this subsection (c-5) have the burden of 
16proof on eligibility and must provide all information 
17required. The Director may not consider granting expedited 
18relief until the proof and information is received.
19 (4) "Clinical psychologist", "psychiatrist", and 
20"qualified examiner" shall have the same meaning as provided 
21in Chapter I of the Mental Health and Developmental 
22Disabilities Code. 
23 (c-10) (1) An applicant, who is denied, revoked, or has 
24his or her Firearm Owner's Identification Card seized under 
25subsection (e) of Section 8 of this Act based upon a 
26determination of a developmental disability or an intellectual 
 
 
HB0431- 6 -LRB102 03990 RLC 14006 b


1disability may apply to the Director of State Police 
2requesting relief.
3 (2) The Director shall act on the request for relief 
4within 60 business days of receipt of written certification, 
5in the form prescribed by the Director, from a physician or 
6clinical psychologist, or qualified examiner, that the 
7aggrieved party's developmental disability or intellectual 
8disability condition is determined by a physician, clinical 
9psychologist, or qualified to be mild. If a fact-finding 
10conference is scheduled to obtain additional information 
11concerning the circumstances of the denial or revocation, the 
1260 business days the Director has to act shall be tolled until 
13the completion of the fact-finding conference.
14 (3) The Director may grant relief if the aggrieved party's 
15developmental disability or intellectual disability is mild as 
16determined by a physician, clinical psychologist, or qualified 
17examiner and it is established by the applicant to the 
18Director's satisfaction that:
19  (A) granting relief would not be contrary to the 
20 public interest; and
21  (B) granting relief would not be contrary to federal 
22 law.
23 (4) The Director may not grant relief if the condition is 
24determined by a physician, clinical psychologist, or qualified 
25examiner to be moderate, severe, or profound.
26 (5) The changes made to this Section by this amendatory 
 
 
HB0431- 7 -LRB102 03990 RLC 14006 b


1Act of the 99th General Assembly apply to requests for
relief 
2pending on or before the effective date of this amendatory 
3Act, except that the 60-day period for the Director to act on 
4requests pending before the effective date shall begin
on the 
5effective date of this amendatory Act. 
6 (d) When a minor is adjudicated delinquent for an offense 
7which if
committed by an adult would be a felony, the court 
8shall notify the Department
of State Police.

9 (e) The court shall review the denial of an application or 
10the revocation of
a Firearm Owner's Identification Card of a 
11person who has been adjudicated
delinquent for an offense that 
12if
committed by an adult would be a felony if an
application 
13for relief has been filed at least 10 years after the 
14adjudication
of delinquency and the court determines that the 
15applicant should be
granted relief from disability to obtain a 
16Firearm Owner's Identification Card.
If the court grants 
17relief, the court shall notify the Department of State
Police 
18that the disability has
been removed and that the applicant is 
19eligible to obtain a Firearm Owner's
Identification Card.

20 (f) Any person who is subject to the disabilities of 18 
21U.S.C. 922(d)(4) and 922(g)(4) of the federal Gun Control Act 
22of 1968 because of an adjudication or commitment that occurred 
23under the laws of this State or who was determined to be 
24subject to the provisions of subsections (e), (f), or (g) of 
25Section 8 of this Act may apply to the Department of State 
26Police requesting relief from that prohibition. The Director 
 
 
HB0431- 8 -LRB102 03990 RLC 14006 b


1shall grant the relief if it is established by a preponderance 
2of the evidence that the person will not be likely to act in a 
3manner dangerous to public safety and that granting relief 
4would not be contrary to the public interest. In making this 
5determination, the Director shall receive evidence concerning 
6(i) the circumstances regarding the firearms disabilities from 
7which relief is sought; (ii) the petitioner's mental health 
8and criminal history records, if any; (iii) the petitioner's 
9reputation, developed at a minimum through character witness 
10statements, testimony, or other character evidence; and (iv) 
11changes in the petitioner's condition or circumstances since 
12the disqualifying events relevant to the relief sought. If 
13relief is granted under this subsection or by order of a court 
14under this Section, the Director shall as soon as practicable 
15but in no case later than 15 business days, update, correct, 
16modify, or remove the person's record in any database that the 
17Department of State Police makes available to the National 
18Instant Criminal Background Check System and notify the United 
19States Attorney General that the basis for the record being 
20made available no longer applies. The Department of State 
21Police shall adopt rules for the administration of this 
22Section.
23(Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15; 99-78, 
24eff. 7-20-15.)