Bill Text: IL HB2932 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Repeals the provisions of Public Act 102-1116 that make amendatory changes to the Firearms Restraining Order Act that provide that a petitioner for a firearms restraining order may request a plenary firearms restraining order of up to one year, but not less than 6 months (restores the 6 months provision). Repeals provisions that the firearms restraining order may be renewed for an additional period of up to one year.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced) 2023-03-10 - Rule 19(a) / Re-referred to Rules Committee [HB2932 Detail]

Download: Illinois-2023-HB2932-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2932 Introduced , by Rep. Steven Reick SYNOPSIS AS INTRODUCED:
430 ILCS 67/40
430 ILCS 67/45
430 ILCS 67/55
Repeals the provisions of Public Act 102-1116 that make amendatory changes to the Firearms Restraining Order Act that provide that a petitioner for a firearms restraining order may request a plenary firearms restraining order of up to one year, but not less than 6 months (restores the 6 months provision). Repeals provisions that the firearms restraining order may be renewed for an additional period of up to one year.
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A BILL FOR
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AN ACT concerning safety.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Firearms Restraining Order Act is amended
by changing Sections 40, 45, and 55 as follows:
(430 ILCS 67/40)
Sec. 40. Plenary Six-month orders.
(a) A petitioner may request a 6-month firearms
restraining order for up to one year 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, ammunition, and firearm parts that could be assembled
to make an operable firearm. The petition shall also describe
the number, types, and locations of any firearms, ammunition,
and firearm parts that could be assembled to make an operable
firearm presently believed by the petitioner to be possessed
or controlled by the respondent. The firearms restraining
order may be renewed for an additional period of up to one year
in accordance with Section 45 of this Act.
(b) If the respondent is alleged to pose a significant
danger of causing personal injury to an intimate partner, or

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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
the duration of time 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 plenary
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 plenary 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

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brandishing of a firearm, ammunition, and firearm parts
that could be assembled to make an operable 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

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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,
ammunition, and firearm parts that could be assembled to make
an operable firearm.
(g) If the court finds that there is clear and convincing
evidence to issue a plenary firearms restraining order, the
court shall issue a firearms restraining order that shall be
in effect for up to one year, but not less than 6 months, 6
months subject to renewal under Section 45 of this Act or
termination under that Section.
(g-5) If the court issues a plenary 6-month firearms
restraining order, it shall, upon a finding of probable cause
that the respondent possesses firearms, ammunition, and
firearm parts that could be assembled to make an operable
firearm, issue a search warrant directing a law enforcement
agency to seize the respondent's firearms, ammunition, and
firearm parts that could be assembled to make an operable
firearm. 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,
ammunition, and firearm parts that could be assembled to make
an operable firearm. A return of the search warrant shall be
filed by the law enforcement agency within 4 days thereafter,
setting forth the time, date, and location that the search

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warrant was executed and what items, if any, were seized.
(h) A plenary 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, ammunition, and firearm
parts that could be assembled to make an operable firearm
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.
(i) Except as otherwise provided in subsection (i-5) of
this Section, upon expiration of the period of safekeeping, if
the firearms, ammunition, and firearm parts that could be
assembled to make an operable firearm 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, ammunition, and firearm
parts that could be assembled to make an operable firearm, or
is not lawfully eligible to possess a firearm, ammunition, and
firearm parts that could be assembled to make an operable
firearm, upon petition from the local law enforcement agency,
the court may order the local law enforcement agency to
destroy the firearms, ammunition, and firearm parts that could
be assembled to make an operable firearm, use the firearms,

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ammunition, and firearm parts that could be assembled to make
an operable firearm for training purposes, or use the
firearms, ammunition, and firearm parts that could be
assembled to make an operable firearm 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,
ammunition, and firearm parts that could be assembled to make
an operable firearm to a person who is lawfully able to possess
the firearm, ammunition, and firearm parts that could be
assembled to make an operable 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,
ammunition, and firearm parts that could be assembled to make
an operable firearm must swear or affirm by affidavit that he
or she shall not transfer the firearm, ammunition, and firearm
parts that could be assembled to make an operable 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, ammunition, and firearm parts that could be

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assembled to make an operable firearm 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, ammunition, and firearm parts that could be assembled
to make an operable firearm returned to him or her. If the
court determines that person to be the lawful owner of the
firearm, ammunition, and firearm parts that could be assembled
to make an operable firearm, the firearm, ammunition, and
firearm parts that could be assembled to make an operable
firearm shall be returned to him or her, provided that:
(1) the firearm, ammunition, and firearm parts that
could be assembled to make an operable firearm are removed
from the respondent's custody, control, or possession and
the lawful owner agrees to store the firearm, ammunition,
and firearm parts that could be assembled to make an
operable firearm in a manner such that the respondent does
not have access to or control of the firearm, ammunition,
and firearm parts that could be assembled to make an
operable firearm; and
(2) the firearm, ammunition, and firearm parts that
could be assembled to make an operable firearm are not
otherwise unlawfully possessed by the owner.
The person petitioning for the return of his or her
firearm, ammunition, and firearm parts that could be assembled
to make an operable firearm must swear or affirm by affidavit
that he or she: (i) is the lawful owner of the firearm,

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ammunition, and firearm parts that could be assembled to make
an operable firearm; (ii) shall not transfer the firearm,
ammunition, and firearm parts that could be assembled to make
an operable firearm to the respondent; and (iii) will store
the firearm, ammunition, and firearm parts that could be
assembled to make an operable firearm in a manner that the
respondent does not have access to or control of the firearm,
ammunition, and firearm parts that could be assembled to make
an operable 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. 101-81, eff. 7-12-19; 102-237, eff. 1-1-22;
102-345, eff. 6-1-22; 102-538, eff. 8-20-21; 102-813, eff.
5-13-22; 102-1116, eff. 1-10-23.)
(430 ILCS 67/45)
Sec. 45. Termination and renewal.
(a) A person subject to a firearms restraining order
issued under this Act may submit one written request at any

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time during the effective period of the order for a hearing to
terminate the order.
(1) The respondent shall have the burden of proving by
a preponderance of the evidence that the respondent does
not pose a 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, ammunition, and firearm parts that
could be assembled to make an operable firearm.
(2) If the court finds after the hearing that the
respondent has met his or her burden, the court shall
terminate the order.
(b) A petitioner may request a renewal of a firearms
restraining order at any time within the 3 months before the
expiration of a firearms restraining order.
(1) A court shall, after notice and a hearing, renew a
firearms restraining order issued under this part if the
petitioner proves, by clear and convincing evidence, that
the respondent continues to pose a 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,
ammunition, and firearm parts that could be assembled to
make an operable firearm.
(2) In determining whether to renew a firearms
restraining order issued under this Act, the court shall

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consider evidence of the facts identified in subsection
(e) of Section 40 of this Act and any other evidence of an
increased risk for violence.
(3) At the hearing, the petitioner shall have the
burden of proving by clear and convincing evidence that
the respondent continues to pose a 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,
ammunition, and firearm parts that could be assembled to
make an operable firearm.
(4) The renewal of a firearms restraining order issued
under this Section shall be in effect for up to one year
and may be renewed for an additional period of up to one
year 6 months, subject to termination by further order of
the court at a hearing held under this Section and further
renewal by further order of the court under this Section.
(Source: P.A. 101-81, eff. 7-12-19; 102-345, eff. 6-1-22;
102-1116, eff. 1-10-23.)
(430 ILCS 67/55)
Sec. 55. Data maintenance by law enforcement agencies.
(a) All sheriffs shall furnish to the Illinois State
Police, daily, in the form and detail the Illinois State
Police requires, copies of any recorded firearms restraining
orders issued by the court, and any foreign orders of

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protection filed by the clerk of the court, and transmitted to
the sheriff by the clerk of the court under Section 50. Each
firearms restraining order shall be entered in the Law
Enforcement Agencies Data System (LEADS) on the same day it is
issued by the court. If an emergency firearms restraining
order was issued in accordance with Section 35 of this Act, the
order shall be entered in the Law Enforcement Agencies Data
System (LEADS) as soon as possible after receipt from the
clerk.
(b) The Illinois State Police shall maintain a complete
and systematic record and index of all valid and recorded
firearms restraining orders issued or filed under this Act.
The data shall be used to inform all dispatchers and law
enforcement officers at the scene of a violation of a firearms
restraining order of the effective dates and terms of any
recorded order of protection.
(c) The data, records, and transmittals required under
this Section shall pertain to any valid emergency or plenary
6-month firearms restraining order, whether issued in a civil
or criminal proceeding or authorized under the laws of another
state, tribe, or United States territory.
(Source: P.A. 101-81, eff. 7-12-19; 102-538, eff. 8-20-21;
102-1116, eff. 1-10-23.)