NEW LAWS FOR 2022

(20 ILCS 3930/7.9 new)

    Sec. 7.9. Firearm Prohibitors and Records Improvement Task

Force.

    (a) As used in this Section, "firearms prohibitor" means

any factor listed in Section 4 of the Firearm Owners

Identification Card Act or Section 24-3 or 24-3.1 of the

Criminal Code of 2012 that prohibits a person from

transferring or possessing a firearm, firearm ammunition,

Firearm Owner's Identification Card, or concealed carry

license.

    (b) The Firearm Prohibitors and Records Improvement Task

Force is created to identify and research all available

grants, resources, and revenue that may be applied for and

used by all entities responsible for reporting federal and

State firearm prohibitors to the Illinois State Police and the

National Instant Criminal Background Check System. Under the

Firearm Owners Identification Card Act, these reporting

entities include, but are not limited to, hospitals, courts,

law enforcement and corrections. The Task Force shall identify

weaknesses in reporting and recommend a strategy to direct

resources and revenue to ensuring reporting is reliable,

accurate, and timely. The Task Force shall inventory all

statutorily mandated firearm and gun violence related data

collection and reporting requirements, along with the agency

responsible for collecting that data, and identify gaps in

those requirements. The Task Force shall submit a coordinated

application with and through the Illinois Criminal Justice

Information Authority for federal funds from the National

Criminal History Improvement Program and the NICS Acts Record

Improvement Program. The Firearm Prohibitors and Records

Improvement Task Force shall be comprised of the following

members, all of whom shall serve without compensation:

        (1) the Executive Director of the Illinois Criminal

    Justice Information Authority, who shall serve as Chair;

        (2) the Director of the Illinois State Police, or his

    or her designee;

        (3) the Secretary of Human Services, or his or her

    designee;

        (4) the Director of Corrections, or his or her

    designee;

        (5) the Attorney General, or his or her designee;

        (6) the Director of the Administrative Office of the

    Illinois Courts, or his or her designee;

        (7) a representative of an association representing

    circuit clerks appointed by the President of the Senate;

        (8) a representative of an association representing

    sheriffs appointed by the House Minority Leader;

        (9) a representative of an association representing

    State's Attorneys appointed by the House Minority Leader;

        (10) a representative of an association representing

    chiefs of police appointed by the Senate Minority Leader;

        (11) a representative of an association representing

    hospitals appointed by the Speaker of the House of

    Representatives;

        (12) a representative of an association representing

    counties appointed by the President of the Senate; and

        (13) a representative of an association representing

    municipalities appointed by the Speaker of the House of

    Representatives.

    (c) The Illinois Criminal Justice Information Authority

shall provide administrative and other support to the Task

Force. The Illinois State Police Division of Justice Services

shall also provide support to the Illinois Criminal Justice

Information Authority and the Task Force.

    (d) The Task Force may meet in person or virtually and

shall issue a written report of its findings and

recommendations to General Assembly on or before July 1, 2022.

The Task Force shall issue an annual report, which shall

include information on the state of FOID data, including a

review of previous activity by the Task Force to close

previously identified gaps; identifying known (or new) gaps; a

proposal of policy and practice recommendations to close those

gaps; and a preview of expected activities of the Task Force

for the coming year.

    (e) Within 60 days of the effective date of this

amendatory Act of the 102nd General Assembly, the Chair shall

establish the Task Force.

    (f) This Section is repealed on July 1, 2027.

     Section 15. The State Finance Act is amended by changing

6z-99 and by adding Sections 5.938 and 6z-125 as follows:

     (30 ILCS 105/5.938 new)

    Sec. 5.938. The State Police Revocation Enforcement Fund

(430 ILCS 65/6.2 new)

    Sec. 6.2. Electronic Firearm Owner's Identification Cards.

Beginning January 1, 2022, the Illinois State Police may develop a system under which the holder of a Firearm Owner's Identification Card may display an electronic version of his or her Firearm Owner's Identification Card on a mobile telephone or other portable electronic device. An electronic version of a Firearm Owner's Identification Card shall contain security features the Illinois State Police determines to be necessary to ensure that the electronic version is accurate and current and shall satisfy other requirements the Illinois State Police determines to be necessary regarding form and content. The display or possession of an electronic version of

a valid Firearm Owner's Identification Card in accordance with the requirements of the Illinois State Police satisfies all requirements for the display or possession of a valid Firearm Owner's Identification Card under the laws of this State. The possession or display of an electronic Firearm Owner's Identification Card on a mobile telephone or other portable electronic device does not constitute consent for a law enforcement officer, court, or other officer of the court to access other contents of the mobile telephone or other portable electronic device. The Illinois State Police may adopt rules to implement this Section.

    (30 ILCS 105/6z-125 new)

    Sec. 6z-125. State Police Revocation Enforcement Fund.

    (a) The State Police Revocation Enforcement Fund is

established as a special fund in the State treasury. This Fund

is established to receive moneys from the Firearm Owners

Identification Card Act to enforce that Act, the Firearm

Concealed Carry Act, Article 24 of the Criminal Code of 2012,

and other firearm offenses. The Fund may also receive revenue

from grants, donations, appropriations, and any other legal

source.

    (b) The Illinois State Police may use moneys from the Fund

to establish task forces and, if necessary, include other law

enforcement agencies, under intergovernmental contracts

written and executed in conformity with the Intergovernmental

Cooperation Act.

    (c) The Illinois State Police may use moneys in the Fund to

hire and train State Police officers and prevention of violent

crime.

    (d) The State Police Revocation Enforcement Fund is not

subject to administrative chargebacks.

    (e) Law enforcement agencies that participate in Firearm

Owner's Identification Card revocation enforcement in the

Violent Crime Intelligence Task Force may apply for grants

from the Illinois State Police.

     Section 16. The Intergovernmental Drug Laws Enforcement

Act is amended by changing Section 3 as follows:

     (30 ILCS 715/3)  (from Ch. 56 1/2, par. 1703)

    Sec. 3. A Metropolitan Enforcement Group which meets the

minimum criteria established in this Section is eligible to

receive State grants to help defray the costs of operation. To

be eligible a MEG must:

        (1) Be established and operating pursuant to

    intergovernmental contracts written and executed in

    conformity with the Intergovernmental Cooperation Act, and

    involve 2 or more units of local government.

        (2) Establish a MEG Policy Board composed of an

    elected official, or his designee, and the chief law

    enforcement officer, or his designee, from each

    participating unit of local government to oversee the

    operations of the MEG and make such reports to the

    Department of State Police as the Department may require.

        (3) Designate a single appropriate elected official of

    a participating unit of local government to act as the

    financial officer of the MEG for all participating units

    of local government and to receive funds for the operation

    of the MEG.

        (4) Limit its operations to enforcement of drug laws;

    enforcement of Sections 10-9, 24-1, 24-1.1, 24-1.2,

    24-1.2-5, 24-1.5, 24-1.7, 24-1.8, 24-2.1, 24-2.2, 24-3,

    24-3.1, 24-3.2, 24-3.3, 24-3.4, 24-3.5, 24-3.7, 24-3.8,

    24-3.9,24-3A, 24-3B, 24-4, and 24-5 and subsections

    24-1(a)(4), 24-1(a)(6), 24-1(a)(7), 24-1(a)(9),

    24-1(a)(10), and 24-1(c) of the Criminal Code of 2012;

    Sections 2, 3, 6.1, 14 of the Firearm Owners

    Identification Card Act; and the investigation of

    streetgang related offenses.

Section 20. The Firearm Owners Identification Card Act is

amended by changing Sections 1.1, 3, 3.1, 4, 5, 6, 7, 8.2, 8.3,

9.5, 10, 11, and 13.2 and by adding Sections 6.2, 7.5, 8.4,

8.5, and 13.4 as follows:

        (5) Cooperate with the Department of State Police in

    order to assure compliance with this Act and to enable the

    Department to fulfill its duties under this Act, and

    supply the Department with all information the Department

    deems necessary therefor.

        (6) Receive funding of at least 50% of the total

    operating budget of the MEG from the participating units

    of local government.

(Source: P.A. 97-1150, eff. 1-25-13.)

(430 ILCS 65/7)  (from Ch. 38, par. 83-7)

    Sec. 7. Validity of Firearm Owner's Identification Card. (a) Except as provided in Section 8 of this Act or

elsewhere in subsection (b) of this Section, a Firearm Owner's Identification Card issued under the provisions of this Act shall be valid for the person to whom it is issued for a period of 10 years from the date of issuance. Unless the person no longer meets the requirements or becomes subject to suspension or revocation under this Act, a card issued under an application made as provided in subsection (a-25) of Section 4 shall remain valid if the person meets the requirements of subsection (b-5) of Section 3.1.  (b) If a renewal application is submitted to the Department before the expiration date of the applicant's current Firearm Owner's Identification Card, the Firearm Owner's Identification Card shall remain valid for a period of 60 business days, unless the person is subject to or becomes subject to revocation under this Act. Unless the person no longer meets the requirements or becomes subject to suspension or revocation under this Act, a card issued under a renewal application made as provided in subsection (a-25) of Section 4 shall remain valid if the person meets the  implementation requirements of Section 3.1.  (c) Beginning January 1, 2022, if the Firearm Owner's

Identification Card of a licensee under the Firearm Concealed Carry Act expires during the term of the licensee's concealed carry license, the Firearm Owner's Identification Card and the license remain valid during the validity of the concealed carry license and the licensee does not have to renew his or her Firearm Owner's Identification Card, if the Firearm Owner's Identification Card has not been otherwise renewed as provided in this Act. Unless the Illinois State Police has reason to believe the licensee is no longer eligible for the card, the Illinois State Police may automatically renew the licensee's Firearm Owner's Identification Card.

(Source: P.A. 100-906, eff. 1-1-19.)

   

(430 ILCS 65/7.5 new)

    Sec. 7.5. Email and text message notifications. A person subject to this Act may notify the Illinois State Police upon application or at any time thereafter that he or she would like to receive correspondence from the Illinois State Police via email or text message and may opt out of first-class mail.   may include notification of the status of a person's application, suspension, revocation, appeal, and other notifications concerning his or her Firearm Owner's Identification Card. A person may request email or text message, or both. Any person selecting email or text message alerts must have either or both the person's email or cellular phone number on file with the Illinois State Police.

 

(430 ILCS 65/8.4 new)

    Sec. 8.4. Cancellation of Firearm Owner's Identification

Card. The Illinois State Police may cancel a Firearm Owner's

Identification Card if a person is not prohibited by State or

federal law from acquiring or possessing a firearm or firearm

ammunition and the sole purpose is for an administrative

reason. This includes, at the request of the Firearm Owner's

Identification Card holder, a person who surrenders his or her

Illinois driver's license or Illinois identification card to

another jurisdiction, or a person's Firearm Owner's

Identification Card is reported as lost, stolen, or destroyed.

The Illinois State Police may adopt rules necessary to

implement this Section.

 

(430 ILCS 65/8.5 new)

Sec. 8.5. Illinois State Police to monitor databases for firearms prohibitors. The Illinois State Police shall

continuously monitor relevant State and federal databases, as allowed by State and federal law, for firearms prohibitors and correlate those records with Firearm Owner's Identification Card holders to ensure compliance with this Act and any other State and federal laws. As used in this Section, "firearms prohibitor" means any factor listed in Section 8 or Section 8.2 of this Act or Section 24-3 or 24-3.1 of the Criminal Code of 2012 that prohibits a person from transferring or possessing a firearm, firearm ammunition, Firearm Owner's

Identification Card, or concealed carry license. 

 

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

    Sec. 10. Appeals Appeal to director; hearing; relief from firearm prohibitions. a) Whenever an application for a Firearm Owner's Identification Card is denied, whenever the Department fails to act on an application within 30 days of its receipt, or whenever such a Card is revoked or seized as provided for in Section 8 of this Act, the aggrieved party may (1) file a record challenge with the Director regarding the record upon which the decision to deny or revoke the Firearm Owner's Identification Card was based under subsection (a-5); or (2) appeal to the Director of the Illinois State Police through December 31, 2022, or beginning January 1, 2023, the Firearm Owner's Identification Card Review Board for a hearing seeking relief from upon such denial or , revocation or seizure, unless the denial or , revocation, or seizure was based upon a forcible felony, stalking, aggravated stalking, domestic battery, any violation of the Illinois Controlled Substances Act, the Methamphetamine Control and Community Protection Act, or the Cannabis Control Act that is classified as a Class 2 or greater felony, any felony violation of Article 24 of the Criminal Code of 1961 or the Criminal Code of 2012, or any adjudication as a delinquent minor for the commission of an offense that if committed by an adult would be a felony, in which case the aggrieved party may petition the circuit court in writing in the county of his or her residence for a hearing seeking relief from upon such denial or ,  evocation, or seizure. (a-5) There is created a Firearm Owner's Identification Card Review Board to consider any appeal under subsection (a) beginning January 1, 2023, other than an appeal directed to the circuit court and except when the applicant is challenging the record upon which the decision to deny or revoke was based as provided in subsection (a-10).

   

(430 ILCS 65/13.4 new)

    Sec. 13.4. Illinois State Police; rule making authority.

The Illinois State Police shall by rule adopt the following

procedures:

    (1) When a person who possesses a valid Firearm Owner's

Identification Card applies for and is approved for a

concealed carry license, the valid Firearm Owner's

Identification Card is renewed for 10 years from the time of

approval instead of 10 years from the date of the original

card.

    (2) If a person is eligible for both a Firearm Owner's

Identification Card and a concealed carry license, the

Illinois State Police shall by rule create one card that may be used as both a Firearm Owner's Identification Card and a concealed carry license. A combined Firearm Owner's Identification Card and concealed carry license shall be considered a valid card for the purposes of this Act. If a

person who possesses a combined Firearm Owner's Identification Card and a concealed carry license becomes subject to suspension or revocation under the Firearm Concealed Carry

Act, but is otherwise eligible for a valid Firearm Owner's Identification Card, the Illinois State Police shall ensure the person's Firearm Owner's Identification Card status is not

interrupted.  The Illinois State Police shall adopt rules to implement this Section.

     Section 25. The Firearm Concealed Carry Act is amended by

changing Sections 10, 20, 30, 50, 55, and 70 and by adding

Sections 10.5, 10.6, and 66 as follows:

(430 ILCS 66/10.5 new)

Sec. 10.5. Electronic concealed carry licenses. The

Illinois State Police may develop a system under which the

holder of a concealed carry license may display an electronic

version of his or her license on a mobile telephone or other

portable electronic device. An electronic version of a

concealed carry license shall contain security features the

Illinois State Police determines to be necessary to ensure

that the electronic version is accurate and current and shall

satisfy other requirements the Illinois State Police

determines to be necessary regarding form and content. The

display or possession of an electronic version of a valid

concealed carry license in accordance with the requirements of

the Illinois State Police satisfies all requirements for the

display or possession of a valid concealed carry license under

the laws of this State. The possession or display of an

electronic concealed carry license on a mobile telephone or

other portable electronic device does not constitute consent

for a law enforcement officer, court, or other officer of the

court to access other contents of the mobile telephone or

other portable electronic device. The Illinois State Police

may adopt rules to implement this Section.

 

    (430 ILCS 66/10.6 new)

    Sec. 10.6. Email and text messages notifications. A person

subject to this Act may notify the Department upon application

or at any time thereafter that he or she would like to receive

correspondence from the Illinois State Police via email or

text message and may opt out of first-class mail. Such

correspondence may include notification of the status of a

person's application, suspension, revocation, appeal, and

other notifications concerning his or her concealed carry

license. A person may request email or text message, or both.

Any person selecting email or text message alerts must have

either or both the person's email or cellular phone number on

file with the Illinois State Police.

(430 ILCS 66/66 new)

    Sec. 66. Illinois State Police to monitor databases for

firearms prohibitors. The Illinois State Police shall

continuously monitor relevant State and federal databases for

firearms prohibitors and correlate those records with

concealed carry license holders to ensure compliance with this

Act and any other State and federal laws. As used in this

Section, "firearms prohibitor" means any factor listed in

Section 8 or Section 8.2 of the Firearm Owners Identification

Card Act or Section 24-3 or 24-3.1 of the Criminal Code of 2012

that prohibits a person from transferring or possessing a

firearm, firearm ammunition, Firearm Owner's Identification

Card, or concealed carry license.

Section 26. The Firearms Restraining Order Act is amended

by changing Sections 35 and 40 as follows:

 (430 ILCS 67/35) Sec. 35. Ex parte orders and emergency hearings.

    (a) A petitioner may request an emergency firearms

restraining order by filing an affidavit or verified pleading

alleging that the respondent poses an immediate and present

danger of causing personal injury to himself, herself, or

another by having in his or her custody or control,

purchasing, possessing, or receiving a firearm. The petition

shall also describe the type and location of any firearm or

firearms presently believed by the petitioner to be possessed

or controlled by the respondent.

    (b) If the respondent is alleged to pose an immediate and

present danger of causing personal injury to an intimate

partner, or an intimate partner is alleged to have been the

target of a threat or act of violence by the respondent, the

petitioner shall make a good faith effort to provide notice to

any and all intimate partners of the respondent. The notice

must include that the petitioner intends to petition the court

for an emergency firearms restraining order, and, if the

petitioner is a law enforcement officer, referral to relevant

domestic violence or stalking advocacy or counseling

resources, if appropriate. The petitioner shall attest to

having provided the notice in the filed affidavit or verified

pleading. If, after making a good faith effort, the petitioner

is unable to provide notice to any or all intimate partners,

the affidavit or verified pleading should describe what

efforts were made.

    (c) Every person who files a petition for an emergency

firearms restraining order, knowing the information provided

to the court at any hearing or in the affidavit or verified

pleading to be false, is guilty of perjury under Section 32-2

of the Criminal Code of 2012.

    (d) An emergency firearms restraining order shall be

issued on an ex parte basis, that is, without notice to the

respondent.

    (e) An emergency hearing held on an ex parte basis shall be

held the same day that the petition is filed or the next day

that the court is in session.

    (f) If a circuit or associate judge finds probable cause

to believe that the respondent poses an immediate and present

danger of causing personal injury to himself, herself, or

another by having in his or her custody or control,

purchasing, possessing, or receiving a firearm, the circuit or

associate judge shall issue an emergency order.

    (f-5) If the court issues an emergency firearms

restraining order, it shall, upon a finding of probable cause

that the respondent possesses firearms, issue a search warrant

directing a law enforcement agency to seize the respondent's

firearms. The court may, as part of that warrant, direct the

law enforcement agency to search the respondent's residence

and other places where the court finds there is probable cause

to believe he or she is likely to possess the firearms.

    (g) An emergency firearms restraining order shall require:

        (1) the respondent to refrain from having in his or

    her custody or control, purchasing, possessing, or

    receiving additional firearms for the duration of the

    order under Section 8.2 of the Firearm Owners

    Identification Card Act; and

        (2) the respondent to comply with Section 9.5 of the

    Firearm Owners Identification Card Act turn over to the

    local law enforcement agency any Firearm Owner's

    Identification Card and subsection (g) of Section 70 of

    the Firearm Concealed Carry Act concealed carry license in

    his or her possession. The local law enforcement agency

    shall immediately mail the card and concealed carry

    license to the Department of State Police Firearm Services

    Bureau for safekeeping. The firearm or firearms and

    Firearm Owner's Identification Card and concealed carry

    license, if unexpired, shall be returned to the respondent

    after the firearms restraining order is terminated or

    expired.

    (h) Except as otherwise provided in subsection (h-5) of

this Section, upon expiration of the period of safekeeping, if

the firearms or Firearm Owner's Identification Card and

concealed carry license cannot be returned to the respondent

because the respondent cannot be located, fails to respond to

requests to retrieve the firearms, or is not lawfully eligible

to possess a firearm, upon petition from the local law

enforcement agency, the court may order the local law

enforcement agency to destroy the firearms, use the firearms

for training purposes, or use the firearms for any other

application as deemed appropriate by the local law enforcement

agency.

    (h-5) On or before January 1, 2022, a A respondent whose

Firearm Owner's Identification Card has been revoked or

suspended may petition the court, if the petitioner is present

in court or has notice of the respondent's petition, to

transfer the respondent's firearm to a person who is lawfully

able to possess the firearm if the person does not reside at

the same address as the respondent. Notice of the petition

shall be served upon the person protected by the emergency

firearms restraining order. While the order is in effect, the

transferee who receives the respondent's firearms must swear

or affirm by affidavit that he or she shall not transfer the

firearm to the respondent or to anyone residing in the same

residence as the respondent.

    (h-6) If a person other than the respondent claims title

to any firearms surrendered under this Section, he or she may

petition the court, if the petitioner is present in court or

has notice of the petition, to have the firearm returned to him

or her. If the court determines that person to be the lawful

owner of the firearm, the firearm shall be returned to him or

her, provided that:

        (1) the firearm is removed from the respondent's

    custody, control, or possession and the lawful owner

    agrees to store the firearm in a manner such that the

    respondent does not have access to or control of the

    firearm; and

        (2) the firearm is not otherwise unlawfully possessed

    by the owner.

    The person petitioning for the return of his or her

firearm must swear or affirm by affidavit that he or she: (i)

is the lawful owner of the firearm; (ii) shall not transfer the

firearm to the respondent; and (iii) will store the firearm in

a manner that the respondent does not have access to or control

of the firearm.

    (i) In accordance with subsection (e) of this Section, the

court shall schedule a full hearing as soon as possible, but no

longer than 14 days from the issuance of an ex parte firearms

restraining order, to determine if a 6-month firearms

restraining order shall be issued. The court may extend an ex

parte order as needed, but not to exceed 14 days, to effectuate

service of the order or if necessary to continue protection.

The court may extend the order for a greater length of time by

mutual agreement of the parties.

(Source: P.A. 100-607, eff. 1-1-19; 101-81, eff. 7-12-19.)

 

    (430 ILCS 67/40)

    Sec. 40. Six-month orders.

    (a) A petitioner may request a 6-month firearms

restraining order by filing an affidavit or verified pleading

alleging that the respondent poses a significant danger of

causing personal injury to himself, herself, or another in the

near future by having in his or her custody or control,

purchasing, possessing, or receiving a firearm. The petition

shall also describe the number, types, and locations of any

firearms presently believed by the petitioner to be possessed

or controlled by the respondent.

    (b) If the respondent is alleged to pose a significant

danger of causing personal injury to an intimate partner, or

an intimate partner is alleged to have been the target of a

threat or act of violence by the respondent, the petitioner

shall make a good faith effort to provide notice to any and all

intimate partners of the respondent. The notice must include

that the petitioner intends to petition the court for a

6-month firearms restraining order, and, if the petitioner is

a law enforcement officer, referral to relevant domestic

violence or stalking advocacy or counseling resources, if

appropriate. The petitioner shall attest to having provided

the notice in the filed affidavit or verified pleading. If,

after making a good faith effort, the petitioner is unable to

provide notice to any or all intimate partners, the affidavit

or verified pleading should describe what efforts were made.

    (c) Every person who files a petition for a 6-month

firearms restraining order, knowing the information provided

to the court at any hearing or in the affidavit or verified

pleading to be false, is guilty of perjury under Section 32-2

of the Criminal Code of 2012.

    (d) Upon receipt of a petition for a 6-month firearms

restraining order, the court shall order a hearing within 30

days.

    (e) In determining whether to issue a firearms restraining

order under this Section, the court shall consider evidence

including, but not limited to, the following:

        (1) The unlawful and reckless use, display, or

    brandishing of a firearm by the respondent.

        (2) The history of use, attempted use, or threatened

    use of physical force by the respondent against another

    person.

        (3) Any prior arrest of the respondent for a felony

    offense.

        (4) Evidence of the abuse of controlled substances or

    alcohol by the respondent.

        (5) A recent threat of violence or act of violence by

    the respondent directed toward himself, herself, or

    another.

        (6) A violation of an emergency order of protection

    issued under Section 217 of the Illinois Domestic Violence

    Act of 1986 or Section 112A-17 of the Code of Criminal

    Procedure of 1963 or of an order of protection issued

    under Section 214 of the Illinois Domestic Violence Act of

    1986 or Section 112A-14 of the Code of Criminal Procedure

    of 1963.

        (7) A pattern of violent acts or violent threats,

    including, but not limited to, threats of violence or acts

    of violence by the respondent directed toward himself,

    herself, or another.

    (f) At the hearing, the petitioner shall have the burden

of proving, by clear and convincing evidence, that the

respondent poses a significant danger of personal injury to

himself, herself, or another by having in his or her custody or

control, purchasing, possessing, or receiving a firearm.

    (g) If the court finds that there is clear and convincing

evidence to issue a firearms restraining order, the court

shall issue a firearms restraining order that shall be in

effect for 6 months subject to renewal under Section 45 of this

Act or termination under that Section.

    (g-5) If the court issues a 6-month firearms restraining

order, it shall, upon a finding of probable cause that the

respondent possesses firearms, issue a search warrant

directing a law enforcement agency to seize the respondent's

firearms. The court may, as part of that warrant, direct the

law enforcement agency to search the respondent's residence

and other places where the court finds there is probable cause

to believe he or she is likely to possess the firearms.

    (h) A 6-month firearms restraining order shall require:

        (1) the respondent to refrain from having in his or

    her custody or control, purchasing, possessing, or

    receiving additional firearms for the duration of the

    order under Section 8.2 of the Firearm Owners

    Identification Card Act; and

        (2) the respondent to comply with Section 9.5 of the

    Firearm Owners Identification Card Act and subsection (g)

    of Section 70 of the Firearm Concealed Carry Act turn over

    to the local law enforcement agency any firearm or Firearm

    Owner's Identification Card and concealed carry license in

    his or her possession. The local law enforcement agency

    shall immediately mail the card and concealed carry

    license to the Department of State Police Firearm Services

    Bureau for safekeeping. The firearm or firearms and

    Firearm Owner's Identification Card and concealed carry

    license, if unexpired, shall be returned to the respondent

    after the firearms restraining order is terminated or

    expired.

    (i) Except as otherwise provided in subsection (i-5) of

this Section, upon expiration of the period of safekeeping, if

the firearms or Firearm Owner's Identification Card cannot be

returned to the respondent because the respondent cannot be

located, fails to respond to requests to retrieve the

firearms, or is not lawfully eligible to possess a firearm,

upon petition from the local law enforcement agency, the court

may order the local law enforcement agency to destroy the

firearms, use the firearms for training purposes, or use the

firearms for any other application as deemed appropriate by

the local law enforcement agency.

    (i-5) A respondent whose Firearm Owner's Identification

Card has been revoked or suspended may petition the court, if

the petitioner is present in court or has notice of the

respondent's petition, to transfer the respondent's firearm to

a person who is lawfully able to possess the firearm if the

person does not reside at the same address as the respondent.

Notice of the petition shall be served upon the person

protected by the emergency firearms restraining order. While

the order is in effect, the transferee who receives the

respondent's firearms must swear or affirm by affidavit that

he or she shall not transfer the firearm to the respondent or

to anyone residing in the same residence as the respondent.

    (i-6) If a person other than the respondent claims title

to any firearms surrendered under this Section, he or she may

petition the court, if the petitioner is present in court or

has notice of the petition, to have the firearm returned to him

or her. If the court determines that person to be the lawful

owner of the firearm, the firearm shall be returned to him or

her, provided that:

        (1) the firearm is removed from the respondent's

    custody, control, or possession and the lawful owner

    agrees to store the firearm in a manner such that the

    respondent does not have access to or control of the

    firearm; and

        (2) the firearm is not otherwise unlawfully possessed

    by the owner.

    The person petitioning for the return of his or her

firearm must swear or affirm by affidavit that he or she: (i)

is the lawful owner of the firearm; (ii) shall not transfer the

firearm to the respondent; and (iii) will store the firearm in

a manner that the respondent does not have access to or control

of the firearm.

    (j) If the court does not issue a firearms restraining

order at the hearing, the court shall dissolve any emergency

firearms restraining order then in effect.

    (k) When the court issues a firearms restraining order

under this Section, the court shall inform the respondent that

he or she is entitled to one hearing during the period of the

order to request a termination of the order, under Section 45

of this Act, and shall provide the respondent with a form to

request a hearing.

(Source: P.A. 100-607, eff. 1-1-19; 101-81, eff. 7-12-19.

   

Firearms Transfer 

(a-5) Any person who is not a federally licensed firearm dealer and who desires to transfer or sell a firearm while that person is on the grounds of a gun show must, before selling or transferring the firearm, request the Department of State

Police to conduct a background check on the prospective recipient of the firearm in accordance with Section 3.1.   (a-10) Notwithstanding item (2) of subsection (a) of this Section, any person who is not a federally licensed firearm dealer and who desires to transfer or sell a firearm or firearms to any person who is not a federally licensed firearm dealer shall, before selling or transferring the firearms, contact a federal firearm license dealer under paragraph (1) of subsection (a-15) of this Section to conduct the transfer or the Illinois Department of State Police with the

transferee's or purchaser's Firearm Owner's Identification Card number to determine the validity of the transferee's or purchaser's Firearm Owner's Identification Card under State and federal law including the National Instant Criminal Background Check System. This subsection shall not be effective until January 1, 2024. Until that date the transferor shall contact the Illinois State Police with the transferee's or purchaser's Firearm Owner's Identification Card number to determine the validity of the card 2014. The Department of State Police may adopt rules concerning the implementation of this subsection. The Department of State

Police shall provide the seller or transferor an approval number if the purchaser's Firearm Owner's Identification Card is valid. Approvals issued by the Department for the purchase of a firearm pursuant to this subsection are valid for 30 days

from the date of issue.  (a-15) The provisions of subsection (a-10) of this Section

do not apply to: 1) transfers that occur at the place of business of a

    federally licensed firearm dealer, if the federally  licensed firearm dealer conducts a background check on the prospective recipient of the firearm in accordance with Section 3.1 of this Act and follows all other applicable federal, State, and local laws as if he or she were the seller or transferor of the firearm, although the dealer is not required to accept the firearm into his or her

    inventory. The purchaser or transferee may be required by the federally licensed firearm dealer to pay a fee not to exceed $25 $10 per firearm, which the dealer may retain as   compensation for performing the functions required under

this paragraph, plus the applicable fees authorized by  Section 3.1;  (2) transfers as a bona fide gift to the transferor's husband, wife, son, daughter, stepson, stepdaughter,  father, mother, stepfather, stepmother, brother, sister, nephew, niece, uncle, aunt, grandfather, grandmother,

grandson, granddaughter, father-in-law, mother-in-law, son-in-law, or daughter-in-law; (3) transfers by persons acting pursuant to operation of law or a court order; (4) transfers on the grounds of a gun show under subsection (a-5) of this Section;  (5) the delivery of a firearm by its owner to a

 gunsmith for service or repair, the return of the firearm  to its owner by the gunsmith, or the delivery of a firearm by a gunsmith to a federally licensed firearms dealer for  service or repair and the return of the firearm to the gunsmith;

    (a-25) On or before January 1, 2022, the Illinois State Police shall develop an Internet-based system upon which the serial numbers of firearms that have been reported stolen are

available for public access for individuals to ensure any firearms are not reported stolen prior to the sale or transfer of a firearm under this Section. The Illinois State Police shall have the Internet-based system completed and available for use by July 1, 2022. The Department shall adopt rules not

inconsistent with this Section to implement this system.