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| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB5788 Introduced , by Rep. Keith R. Wheeler SYNOPSIS AS INTRODUCED:
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Amends the Firearms Restraining Order Act. Provides that a firearms restraining order may be granted against a respondent under the Act regardless of whether the respondent has in his or her custody or control a firearm, ammunition, or firearm parts
that could be assembled to make an operable firearm.
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| | A BILL FOR |
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| | HB5788 | | LRB102 28590 RLC 40480 b |
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| 1 | | AN ACT concerning safety.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Firearms Restraining Order Act is amended |
| 5 | | by changing Section 10 as follows:
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| 6 | | (430 ILCS 67/10) |
| 7 | | Sec. 10. Commencement of action; procedure.
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| 8 | | (a) An action for a firearms restraining order is |
| 9 | | commenced by filing a verified petition for a firearms |
| 10 | | restraining order in any circuit court.
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| 11 | | (b) A petition for a firearms restraining order may be |
| 12 | | filed in: (1) any county where the respondent resides or (2) |
| 13 | | any county where an incident occurred that involved the |
| 14 | | respondent posing an immediate and present danger of causing |
| 15 | | personal injury to the respondent or another by having in his |
| 16 | | or her custody or control, or purchasing, possessing, or |
| 17 | | receiving, a firearm, ammunition, or firearm parts
that could |
| 18 | | be assembled to make an operable firearm.
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| 19 | | (c) No fee shall be charged by the clerk for filing, |
| 20 | | amending, vacating, certifying, printing, or photocopying |
| 21 | | petitions or orders; or for issuing alias summons; or for any |
| 22 | | related filing service. No fee shall be charged by the sheriff |
| 23 | | or other law enforcement for service by the sheriff or other |