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Full Text of SB2664
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SB2664 - 104th General Assembly
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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB2664
Introduced 5/22/2025, by Sen. Julie A. Morrison
SYNOPSIS AS INTRODUCED:
430 ILCS 65/8.1
from Ch. 38, par. 83-8.1
430 ILCS 65/10
from Ch. 38, par. 83-10
430 ILCS 65/11
from Ch. 38, par. 83-11
430 ILCS 65/15c new
Amends the Firearm Owners Identification Card Act. Provides that the
Illinois State Police must deny the application or suspend or revoke a
person's Firearm Owner's Identification Card upon receipt of a report from
the Department of Human Services that an applicant or owner poses a clear
and present danger. Requires the Department of Human Services to provide
by rule for such a report. Makes similar changes if a law enforcement or
school administrator notifies the Illinois State Police that a person
poses a clear and present danger. Requires any information disclosed under
the Act to be confidential. Prohibits the information from being
redisclosed or used for any other purpose except as otherwise allowed by
law. Provides that the identity of the reporting person may be disclosed
only to the subject of the report if required by the Firearm Owner's
Identification Card Review Board or a court as authorized under the Act.
Requires that no later than January 1, 2026, the Firearm Owner's
Identification Card Review Board must establish a process by which any
person who is subject to the provisions of the Act can request expedited
review from the Board. Requires that the Illinois State Police must
provide the Board or any court with jurisdiction all records relevant to
the request for relief. Allows the Illinois State Police and the
individual seeking expedited relief to seek judicial review upon receipt
of a final administrative decision under the Act. Provides that the Board,
Illinois State Police, or employees and agents of the Board and Illinois
State Police participating in the process under the Act may not be held
liable for damages in any civil action arising from the alleged wrongful or
improper granting, denying, renewing, revoking, suspending, or failing to
grant, deny, renew, revoke, or suspend a Firearm Owner's Identification
Card.
LRB104 13699 RLC 26383 b
A BILL FOR
SB2664
LRB104 13699 RLC 26383 b
1
AN ACT concerning safety.
2
Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:
4
Section 5.
The Firearm Owners Identification Card Act is
5
amended by changing Sections 8.1, 10, and 11 and by adding
6
Section 15c as follows:
7
(430 ILCS 65/8.1)
(from Ch. 38, par. 83-8.1)
8
Sec. 8.1.
Notifications to the Illinois State Police.
9
(a) The Circuit Clerk shall, in the form and manner
10
required by the Supreme Court, notify the Illinois State
11
Police of all final dispositions of cases for which the
12
Department has received information reported to it under
13
Sections 2.1 and 2.2 of the Criminal Identification Act.
14
(b) Upon adjudication of any individual as a person with a
15
mental disability as defined in Section 1.1 of this Act or a
16
finding that a person has been involuntarily admitted, the
17
court shall direct the circuit court clerk to immediately
18
notify the Illinois State Police, Firearm Owner's
19
Identification (FOID) department, and shall forward a copy of
20
the court order to the Department.
21
(b-1) Beginning July 1, 2016, and each July 1 and December
22
30 of every year thereafter, the circuit court clerk shall, in
23
the form and manner prescribed by the Illinois State Police,
SB2664
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LRB104 13699 RLC 26383 b
1
notify the Illinois State Police, Firearm Owner's
2
Identification (FOID) department if the court has not directed
3
the circuit court clerk to notify the Illinois State Police,
4
Firearm Owner's Identification (FOID) department under
5
subsection (b) of this Section, within the preceding 6 months,
6
because no person has been adjudicated as a person with a
7
mental disability by the court as defined in Section 1.1 of
8
this Act or if no person has been involuntarily admitted. The
9
Supreme Court may adopt any orders or rules necessary to
10
identify the persons who shall be reported to the Illinois
11
State Police under subsection (b), or any other orders or
12
rules necessary to implement the requirements of this Act.
13
(c) The Department of Human Services shall, in the form
14
and manner prescribed by the Illinois State Police, report all
15
information collected under subsection (b) of Section 12 of
16
the Mental Health and Developmental Disabilities
17
Confidentiality Act for the purpose of determining whether a
18
person who may be or may have been a patient in a mental health
19
facility is disqualified under State or federal law from
20
receiving or retaining a Firearm Owner's Identification Card,
21
or purchasing a weapon.
22
(d) If a person is determined to pose a clear and present
23
danger to himself, herself, or to others:
24
(1) by a physician, clinical psychologist, or
25
qualified examiner, or is determined to have a
26
developmental disability by a physician, clinical
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1
psychologist, or qualified examiner, whether employed by
2
the State or privately, then the physician, clinical
3
psychologist, or qualified examiner shall, within 24 hours
4
of making the determination, notify the Department of
5
Human Services that the person poses a clear and present
6
danger or has a developmental disability; or
7
(2) by a law enforcement official or school
8
administrator, then the law enforcement official or school
9
administrator shall, within 24 hours of making the
10
determination, notify the Illinois State Police that the
11
person poses a clear and present danger.
12
The Department of Human Services shall immediately update
13
its records and information relating to mental health and
14
developmental disabilities, and if appropriate, shall
under
15
paragraph (1) of subsection (d) of this Section
notify the
16
Illinois State Police in a form and manner prescribed by the
17
Illinois State Police. The Illinois State Police shall
deny
18
the application or suspend or
determine whether to
revoke the
19
person's Firearm Owner's Identification Card under Section 8
20
of this Act. Any information disclosed under this subsection
21
shall remain privileged and confidential, and shall not be
22
redisclosed, except as required under subsection (e) of
23
Section 3.1
and subsection (c-5) or (f) of Section 10
of this
24
Act, nor used for any other purpose. The method of providing
25
this information shall guarantee that the information is not
26
released beyond what is necessary for the purpose of
these
SB2664
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LRB104 13699 RLC 26383 b
1
Sections. Reports from the Department of Human Services
this
2
Section and
shall be provided by rule by the Department of
3
Human Services. The identity of the person reporting under
4
paragraph (1) of subsection (d) of
this Section shall
only
not
5
be disclosed to the subject of the report
if required by the
6
Board or a court with jurisdiction consistent with proceedings
7
under subsections (c-5) or (f) of Section 10 of this Act
.
8
The law enforcement official or school administrator under
9
paragraph (2) of subsection (d) of this Section shall notify
10
the Illinois State Police in the form and manner prescribed by
11
the Illinois State Police. The Illinois State Police shall
12
determine whether to deny the application or suspend or revoke
13
the person's Firearm Owner's Identification Card under Section
14
8 of this Act. Any information disclosed under this subsection
15
shall remain confidential and shall not be redisclosed or used
16
for any other purpose except as required under subsection (e)
17
of Section 3.1 and subsection (c-5) or (f) of Section 10 of
18
this Act. The method of providing this information shall
19
guarantee that the information is not released beyond what is
20
necessary for the purpose of these Sections. The identity of
21
the person reporting under this Section shall be disclosed
22
only to the subject of the report if required by the Board or a
23
court with jurisdiction consistent with proceedings under
24
subsection (c-5) or (f) of Section 10 this Act.
25
The physician, clinical psychologist, qualified examiner,
26
law enforcement official, or school administrator making the
SB2664
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LRB104 13699 RLC 26383 b
1
determination and his or her employer shall not be held
2
criminally, civilly, or professionally liable for making or
3
not making the notification required under this subsection,
4
except for willful or wanton misconduct.
5
(e) The Illinois State Police shall adopt rules to
6
implement this Section.
7
(Source: P.A. 102-538, eff. 8-20-21.)
8
(430 ILCS 65/10)
(from Ch. 38, par. 83-10)
9
Sec. 10.
Appeals; hearing; relief from firearm
10
prohibitions.
11
(a) Whenever an application for a Firearm Owner's
12
Identification Card is denied or whenever such a Card is
13
suspended or
revoked
or seized
as provided for in Section 8
,
14
8.2, or 8.3
of this Act,
upon complying with the requirements
15
of Section 9.5 of the Act,
the aggrieved party may (1) file a
16
record challenge with the Director regarding the record upon
17
which the decision to deny or revoke the Firearm Owner's
18
Identification Card was based under subsection (a-5); or (2)
19
appeal to the Director of the Illinois State Police through
20
December 31, 2022, or beginning January 1, 2023, the Firearm
21
Owner's Identification Card Review Board for a hearing seeking
22
relief from such denial
, suspension,
or revocation unless the
23
denial
, suspension,
or revocation was based upon a forcible
24
felony, stalking, aggravated stalking, domestic battery, any
25
violation of the Illinois Controlled Substances Act, the
SB2664
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LRB104 13699 RLC 26383 b
1
Methamphetamine Control and Community Protection Act, or the
2
Cannabis Control Act that is classified as a Class 2 or greater
3
felony, any felony violation of Article 24 of the Criminal
4
Code of 1961 or the Criminal Code of 2012, or any adjudication
5
as a delinquent minor for the commission of an offense that if
6
committed by an adult would be a felony, in which case the
7
aggrieved party may petition the circuit court in writing in
8
the county of his or her residence for a hearing seeking relief
9
from such denial or revocation.
10
(a-5) There is created a Firearm Owner's Identification
11
Card Review Board to consider any appeal under subsection (a)
12
beginning January 1, 2023, other than an appeal directed to
13
the circuit court and except when the applicant is challenging
14
the record upon which the decision to deny or revoke was based
15
as provided in subsection (a-10).
16
(0.05) In furtherance of the policy of this Act that
17
the Board shall exercise its powers and duties in an
18
independent manner, subject to the provisions of this Act
19
but free from the direction, control, or influence of any
20
other agency or department of State government. All
21
expenses and liabilities incurred by the Board in the
22
performance of its responsibilities hereunder shall be
23
paid from funds which shall be appropriated to the Board
24
by the General Assembly for the ordinary and contingent
25
expenses of the Board.
26
(1) The Board shall consist of 7 members appointed by
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LRB104 13699 RLC 26383 b
1
the Governor, with the advice and consent of the Senate,
2
with 3 members residing within the First Judicial District
3
and one member residing within each of the 4 remaining
4
Judicial Districts. No more than 4 members shall be
5
members of the same political party. The Governor shall
6
designate one member as the chairperson. The members shall
7
have actual experience in law, education, social work,
8
behavioral sciences, law enforcement, or community affairs
9
or in a combination of those areas.
10
(2) The terms of the members initially appointed after
11
January 1, 2022 (the effective date of Public Act 102-237)
12
shall be as follows: one of the initial members shall be
13
appointed for a term of one year, 3 shall be appointed for
14
terms of 2 years, and 3 shall be appointed for terms of 4
15
years. Thereafter, members shall hold office for 4 years,
16
with terms expiring on the second Monday in January
17
immediately following the expiration of their terms and
18
every 4 years thereafter. Members may be reappointed.
19
Vacancies in the office of member shall be filled in the
20
same manner as the original appointment, for the remainder
21
of the unexpired term. The Governor may remove a member
22
for incompetence, neglect of duty, malfeasance, or
23
inability to serve. Members shall receive compensation in
24
an amount equal to the compensation of members of the
25
Executive Ethics Commission and, beginning July 1, 2023,
26
shall be compensated from appropriations provided to the
SB2664
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LRB104 13699 RLC 26383 b
1
Comptroller for this purpose. Members may be reimbursed,
2
from funds appropriated for such a purpose, for reasonable
3
expenses actually incurred in the performance of their
4
Board duties. The Illinois State Police shall designate an
5
employee to serve as Executive Director of the Board and
6
provide logistical and administrative assistance to the
7
Board.
8
(3) The Board shall meet at least quarterly each year
9
and at the call of the chairperson as often as necessary to
10
consider appeals of decisions made with respect to
11
applications for a Firearm Owner's Identification Card
12
under this Act. If necessary to ensure the participation
13
of a member, the Board shall allow a member to participate
14
in a Board meeting by electronic communication. Any member
15
participating electronically shall be deemed present for
16
purposes of establishing a quorum and voting.
17
(4) The Board shall adopt rules for the review of
18
appeals and the conduct of hearings. The Board shall
19
maintain a record of its decisions and all materials
20
considered in making its decisions. All Board decisions
21
and voting records shall be kept confidential and all
22
materials considered by the Board shall be exempt from
23
inspection except upon order of a court.
24
(5) In considering an appeal, the Board shall review
25
the materials received concerning the denial or revocation
26
by the Illinois State Police. By a vote of at least 4
SB2664
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LRB104 13699 RLC 26383 b
1
members, the Board may request additional information from
2
the Illinois State Police or the applicant or the
3
testimony of the Illinois State Police or the applicant.
4
The Board may require that the applicant submit electronic
5
fingerprints to the Illinois State Police for an updated
6
background check if the Board determines it lacks
7
sufficient information to determine eligibility. The Board
8
may consider information submitted by the Illinois State
9
Police, a law enforcement agency, or the applicant. The
10
Board shall review each denial or revocation and determine
11
by a majority of members whether an applicant should be
12
granted relief under subsection (c).
13
(6) The Board shall by order issue summary decisions.
14
The Board shall issue a decision within 45 days of
15
receiving all completed appeal documents from the Illinois
16
State Police and the applicant. However, the Board need
17
not issue a decision within 45 days if:
18
(A) the Board requests information from the
19
applicant, including, but not limited to, electronic
20
fingerprints to be submitted to the Illinois State
21
Police, in accordance with paragraph (5) of this
22
subsection, in which case the Board shall make a
23
decision within 30 days of receipt of the required
24
information from the applicant;
25
(B) the applicant agrees, in writing, to allow the
26
Board additional time to consider an appeal; or
SB2664
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LRB104 13699 RLC 26383 b
1
(C) the Board notifies the applicant and the
2
Illinois State Police that the Board needs an
3
additional 30 days to issue a decision. The Board may
4
only issue 2 extensions under this subparagraph (C).
5
The Board's notification to the applicant and the
6
Illinois State Police shall include an explanation for
7
the extension.
8
(7) If the Board determines that the applicant is
9
eligible for relief under subsection (c), the Board shall
10
notify the applicant and the Illinois State Police that
11
relief has been granted and the Illinois State Police
12
shall issue the Card.
13
(8) Meetings of the Board shall not be subject to the
14
Open Meetings Act and records of the Board shall not be
15
subject to the Freedom of Information Act.
16
(9) The Board shall report monthly to the Governor and
17
the General Assembly on the number of appeals received and
18
provide details of the circumstances in which the Board
19
has determined to deny Firearm Owner's Identification
20
Cards under this subsection (a-5). The report shall not
21
contain any identifying information about the applicants.
22
(a-10) Whenever an applicant or cardholder is not seeking
23
relief from a firearms prohibition under subsection (c) but
24
rather does not believe the applicant is appropriately denied
25
or revoked and is challenging the record upon which the
26
decision to deny or revoke the Firearm Owner's Identification
SB2664
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LRB104 13699 RLC 26383 b
1
Card was based, or whenever the Illinois State Police fails to
2
act on an application within 30 days of its receipt, the
3
applicant shall file such challenge with the Director. The
4
Director shall render a decision within 60 business days of
5
receipt of all information supporting the challenge. The
6
Illinois State Police shall adopt rules for the review of a
7
record challenge.
8
(b) At least 30 days before any hearing in the circuit
9
court, the petitioner shall serve the relevant State's
10
Attorney with a copy of the petition. The State's Attorney may
11
object to the petition and present evidence. At the hearing,
12
the court shall determine whether substantial justice has been
13
done. Should the court determine that substantial justice has
14
not been done, the court shall issue an order directing the
15
Illinois State Police to issue a Card. However, the court
16
shall not issue the order if the petitioner is otherwise
17
prohibited from obtaining, possessing, or using a firearm
18
under federal law.
19
(c) Any person prohibited from possessing a firearm under
20
Sections 24-1.1 or 24-3.1 of the Criminal Code of 2012 or
21
acquiring a Firearm Owner's Identification Card under Section
22
8 of this Act may apply to the Firearm Owner's Identification
23
Card Review Board or petition the circuit court in the county
24
where the petitioner resides, whichever is applicable in
25
accordance with subsection (a) of this Section, requesting
26
relief from such prohibition and the Board or court may grant
SB2664
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LRB104 13699 RLC 26383 b
1
such relief if it is established by the applicant to the
2
court's or the Board's satisfaction that:
3
(0.05) when in the circuit court, the State's Attorney
4
has been served with a written copy of the petition at
5
least 30 days before any such hearing in the circuit court
6
and at the hearing the State's Attorney was afforded an
7
opportunity to present evidence and object to the
8
petition;
9
(1) the applicant has not been convicted of a forcible
10
felony under the laws of this State or any other
11
jurisdiction within 20 years of the applicant's
12
application for a Firearm Owner's Identification Card, or
13
at least 20 years have passed since the end of any period
14
of imprisonment imposed in relation to that conviction;
15
(2) the circumstances regarding a criminal conviction,
16
where applicable, the applicant's criminal history and his
17
reputation are such that the applicant will not be likely
18
to act in a manner dangerous to public safety;
19
(3) granting relief would not be contrary to the
20
public interest; and
21
(4) granting relief would not be contrary to federal
22
law.
23
(c-5) (1) An active law enforcement officer employed by a
24
unit of government or a Department of Corrections employee
25
authorized to possess firearms who is denied, revoked, or has
26
his or her Firearm Owner's Identification Card seized under
SB2664
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LRB104 13699 RLC 26383 b
1
subsection (e) of Section 8 of this Act may apply to the
2
Firearm Owner's Identification Card Review Board requesting
3
relief if the officer or employee did not act in a manner
4
threatening to the officer or employee, another person, or the
5
public as determined by the treating clinical psychologist or
6
physician, and as a result of his or her work is referred by
7
the employer for or voluntarily seeks mental health evaluation
8
or treatment by a licensed clinical psychologist,
9
psychiatrist, or qualified examiner, and:
10
(A) the officer or employee has not received treatment
11
involuntarily at a mental health facility, regardless of
12
the length of admission; or has not been voluntarily
13
admitted to a mental health facility for more than 30 days
14
and not for more than one incident within the past 5 years;
15
and
16
(B) the officer or employee has not left the mental
17
institution against medical advice.
18
(2) The Firearm Owner's Identification Card Review Board
19
shall grant expedited relief to active law enforcement
20
officers and employees described in paragraph (1) of this
21
subsection (c-5) upon a determination by the Board that the
22
officer's or employee's possession of a firearm does not
23
present a threat to themselves, others, or public safety. The
24
Board shall act on the request for relief within 30 business
25
days of receipt of:
26
(A) a notarized statement from the officer or employee
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LRB104 13699 RLC 26383 b
1
in the form prescribed by the Board detailing the
2
circumstances that led to the hospitalization;
3
(B) all documentation regarding the admission,
4
evaluation, treatment and discharge from the treating
5
licensed clinical psychologist or psychiatrist of the
6
officer;
7
(C) a psychological fitness for duty evaluation of the
8
person completed after the time of discharge; and
9
(D) written confirmation in the form prescribed by the
10
Board from the treating licensed clinical psychologist or
11
psychiatrist that the provisions set forth in paragraph
12
(1) of this subsection (c-5) have been met, the person
13
successfully completed treatment, and their professional
14
opinion regarding the person's ability to possess
15
firearms.
16
(3) Officers and employees eligible for the expedited
17
relief in paragraph (2) of this subsection (c-5) have the
18
burden of proof on eligibility and must provide all
19
information required. The Board may not consider granting
20
expedited relief until the proof and information is received.
21
(4) "Clinical psychologist", "psychiatrist", and
22
"qualified examiner" shall have the same meaning as provided
23
in Chapter I of the Mental Health and Developmental
24
Disabilities Code.
25
(5) No later than January 1, 2026, the Firearm Owner's
26
Identification Card Review Board shall establish a process by
SB2664
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LRB104 13699 RLC 26383 b
1
which any person who is subject to the provisions of
2
subsection (f) of Section 8 of this Act may request expedited
3
review from the Firearm Owner's Identification Card Review
4
Board.
5
(A) The Board shall disclose to an individual
6
requesting an expedited review any information relating to
7
the individual that was provided by the Department under
8
subsection (d) of Section 8.1, subject to redactions.
9
(B) The individual requesting expedited review may
10
submit to the Firearm Owner's Identification Card Review
11
Board an objection to any redaction made under paragraph
12
(1) or (2) of subsection (d) of Section 8.1. The objection
13
must specify the basis for the individual's belief that
14
the redacted information is necessary for a full and fair
15
review.
16
(C) In determining whether information should be
17
unredacted, the Board may consider any relevant factor,
18
including, but not limited to, (i) the extent to which the
19
disclosure of such information is necessary to provide the
20
individual with a meaningful opportunity to understand,
21
respond to, or rebut evidence for the basis for the denial
22
or revocation and (ii) the safety and well-being of any
23
person who, directly or indirectly, is the source or
24
reporter of such information.
25
(D) The Board, Illinois State Police, or the employees
26
and agents of the Board and Illinois State Police
SB2664
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LRB104 13699 RLC 26383 b
1
participating in this process under this Act shall not be
2
held liable for damages in any civil action arising from
3
the disclosure or non-disclosure of the information
4
released to an individual as part of this process.
5
(c-10) (1) An applicant, who is denied, revoked, or has
6
his or her Firearm Owner's Identification Card seized under
7
subsection (e) of Section 8 of this Act based upon a
8
determination of a developmental disability or an intellectual
9
disability may apply to the Firearm Owner's Identification
10
Card Review Board requesting relief.
11
(2) The Board shall act on the request for relief within 60
12
business days of receipt of written certification, in the form
13
prescribed by the Board, from a physician or clinical
14
psychologist, or qualified examiner, that the aggrieved
15
party's developmental disability or intellectual disability
16
condition is determined by a physician, clinical psychologist,
17
or qualified to be mild. If a fact-finding conference is
18
scheduled to obtain additional information concerning the
19
circumstances of the denial or revocation, the 60 business
20
days the Director has to act shall be tolled until the
21
completion of the fact-finding conference.
22
(3) The Board may grant relief if the aggrieved party's
23
developmental disability or intellectual disability is mild as
24
determined by a physician, clinical psychologist, or qualified
25
examiner and it is established by the applicant to the Board's
26
satisfaction that:
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1
(A) granting relief would not be contrary to the
2
public interest; and
3
(B) granting relief would not be contrary to federal
4
law.
5
(4) The Board may not grant relief if the condition is
6
determined by a physician, clinical psychologist, or qualified
7
examiner to be moderate, severe, or profound.
8
(5) The changes made to this Section by Public Act 99-29
9
apply to requests for relief pending on or before July 10, 2015
10
(the effective date of Public Act 99-29), except that the
11
60-day period for the Director to act on requests pending
12
before the effective date shall begin on July 10, 2015 (the
13
effective date of Public Act 99-29). All appeals as provided
14
in subsection (a-5) pending on January 1, 2023 shall be
15
considered by the Board.
16
(d) When a minor is adjudicated delinquent for an offense
17
which if committed by an adult would be a felony, the court
18
shall notify the Illinois State Police.
19
(e) The court shall review the denial of an application or
20
the revocation of a Firearm Owner's Identification Card of a
21
person who has been adjudicated delinquent for an offense that
22
if committed by an adult would be a felony if an application
23
for relief has been filed at least 10 years after the
24
adjudication of delinquency and the court determines that the
25
applicant should be granted relief from disability to obtain a
26
Firearm Owner's Identification Card. If the court grants
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1
relief, the court shall notify the Illinois State Police that
2
the disability has been removed and that the applicant is
3
eligible to obtain a Firearm Owner's Identification Card.
4
(f) Any person who is subject to the disabilities of 18
5
U.S.C. 922(d)(4) and 922(g)(4) of the federal Gun Control Act
6
of 1968 because of an adjudication or commitment that occurred
7
under the laws of this State or who was determined to be
8
subject to the provisions of subsections (e), (f), or (g) of
9
Section 8 of this Act may apply to the
Board
Illinois State
10
Police
requesting relief from that prohibition. The Board
11
shall grant the relief if it is established by a preponderance
12
of the evidence that the person will not be likely to act in a
13
manner dangerous to public safety and that granting relief
14
would not be contrary to the public interest. In making this
15
determination, the Board shall receive evidence concerning (i)
16
the circumstances regarding the firearms disabilities from
17
which relief is sought; (ii) the petitioner's mental health
18
and criminal history records, if any; (iii) the petitioner's
19
reputation, developed at a minimum through character witness
20
statements, testimony, or other character evidence; and (iv)
21
changes in the petitioner's condition or circumstances since
22
the disqualifying events relevant to the relief sought.
23
Notwithstanding any other provision of this Act or any other
24
law to the contrary, the Illinois State Police shall provide
25
the Board or any court with jurisdiction with all records
26
relevant to the request for relief under Section 8.1.
If
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1
relief is granted under this subsection or by order of a court
2
under this Section, the Director shall as soon as practicable
3
but in no case later than 15 business days, update, correct,
4
modify, or remove the person's record in any database that the
5
Illinois State Police makes available to the National Instant
6
Criminal Background Check System and notify the United States
7
Attorney General that the basis for the record being made
8
available no longer applies. The Illinois State Police shall
9
adopt rules for the administration of this Section.
10
(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
11
102-645, eff. 1-1-22; 102-813, eff. 5-13-22; 102-1115, eff.
12
1-9-23; 102-1129, eff. 2-10-23; 103-605, eff. 7-1-24.)
13
(430 ILCS 65/11)
(from Ch. 38, par. 83-11)
14
Sec. 11.
Judicial review of final administrative
15
decisions.
16
(a) All final administrative decisions of the Firearm
17
Owner's Identification Card Review Board under this Act,
18
including final administrative decisions of the Firearm
19
Owner's Identification Card Review Board made under the
20
expedited review process established under paragraph (5) of
21
subsection (c-5) of Section 10 of this Act,
except final
22
administrative decisions of the Firearm Owner's Identification
23
Card Review Board to deny a person's application for relief
24
under subsection (f) of Section 10 of this Act, shall be
25
subject to judicial review under the provisions of the
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LRB104 13699 RLC 26383 b
1
Administrative Review Law, and all amendments and
2
modifications thereof, and the rules adopted pursuant thereto.
3
The term "administrative decision" is defined as in Section
4
3-101 of the Code of Civil Procedure.
The Illinois State
5
Police or the individual seeking expedited relief may seek
6
judicial review upon receipt of a final administrative
7
decision under paragraph (5) of subsection (c-5) of Section 10
8
of this Act.
9
(b) Any final administrative decision by the Firearm
10
Owner's Identification Card Review Board to deny a person's
11
application for relief under subsection (f) of Section 10 of
12
this Act is subject to de novo judicial review by the circuit
13
court, and any party may offer evidence that is otherwise
14
proper and admissible without regard to whether that evidence
15
is part of the administrative record.
16
(c) The Firearm Owner's Identification Card Review Board
17
shall submit a report to the General Assembly on March 1 of
18
each year, beginning March 1, 1991, listing all final
19
decisions by a court of this State upholding, reversing, or
20
reversing in part any administrative decision made by the
21
Firearm Owner's Identification Card Review Board
Illinois
22
State Police
.
23
(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
24
102-813, eff. 5-13-22.)
25
(430 ILCS 65/15c new)
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LRB104 13699 RLC 26383 b
1
Sec. 15c.
Civil immunity; Board, employees, and agents.
2
The Board and its employees and agents who participate in the
3
process established under this Act and the Illinois State
4
Police and its employees and agents who participate in the
5
process established under this Act shall not be held liable
6
for damages in any civil action arising from the alleged
7
wrongful or improper granting, denying, renewing, revoking,
8
suspending, or failing to grant, deny, renew, revoke, or
9
suspend a Firearm Owner's Identification Card.
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