Public Act 100-0607

HB2354 Enrolled LRB100 05908 RLC 15934 b

AN ACT concerning orders of protection.

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

represented in the General Assembly:

Section 1. Short title. This Act may be cited as the

Firearms Restraining Order Act.

Section 5. Definitions. As used in this Act:

"Family member of the respondent" means a spouse, parent,

child, or step-child of the respondent, any other person

related by blood or present marriage to the respondent, or a

person who shares a common dwelling with the respondent.

"Firearms restraining order" means an order issued by the

court, prohibiting and enjoining a named person from having in

his or her custody or control, purchasing, possessing, or

receiving any firearms.

"Intimate partner" means a spouse, former spouse, a person

with whom the respondent has or allegedly has a child in

common, or a person with whom the respondent has or has had a

dating or engagement relationship.

"Petitioner" means:

(1) a family member of the respondent as defined in

this Act; or

(2) a law enforcement officer, who files a petition

alleging that the respondent poses a 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.

"Respondent" means the person alleged in the petition to

pose a 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.

Section 10. Commencement of action; procedure.

(a) Actions for a firearms restraining order are commenced

by filing a verified petition for a firearms restraining order

in any circuit court.

(b) A petition for a firearms restraining order may be

filed in any county where the respondent resides.

(c) No fee shall be charged by the clerk for filing,

amending, vacating, certifying, or photocopying petitions or

orders; or for issuing alias summons; or for any related filing

service. No fee shall be charged by the sheriff or other law

enforcement for service by the sheriff or other law enforcement

of a petition, rule, motion, or order in an action commenced

under this Section.

(d) The court shall provide, through the office of the

clerk of the court, simplified forms and clerical assistance to

help with the writing and filing of a petition under this

Section by any person not represented by counsel. In addition,

that assistance may be provided by the State's Attorney.

Section 15. Subject matter jurisdiction. Each of the

circuit courts shall have the power to issue firearms

restraining orders.

Section 20. Jurisdiction over persons. The circuit courts

of this State have jurisdiction to bind (1) State residents and

(2) non-residents having minimum contacts with this State, to

the extent permitted by Section 2-209 of the Code of Civil

Procedure.

Section 25. Process. The summons shall be in the form

prescribed by Supreme Court Rule 101(d), except that it shall

require respondent to answer or appear within 7 days.

Attachments to the summons or notice shall include the petition

for the firearms restraining order and supporting affidavits,

if any, and any emergency firearms restraining order that has

been issued. The enforcement of an order under Section 35 shall

not be affected by the lack of service, delivery, or notice,

provided the requirements of subsection (f) of that Section are

otherwise met.

Section 30. Service of notice of hearings. Service of

notice of hearings. Except as provided in Section 25, notice of

hearings on petitions or motions shall be served in accordance

with Supreme Court Rules 11 and 12, unless notice is excused by

Section 35 of this Act, or by the Code of Civil Procedure,

Supreme Court Rules, or local rules.

Section 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,

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 petitioner

is a law enforcement officer, referral to relevant domestic

violence or stalking advocacy or counseling resources, if

appropriate. Petitioner shall attest to having provided the

notice in the filed affidavit or verified pleading. If after

making a good faith effort 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; and

(2) the respondent to turn over to the local law

enforcement agency any 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.

(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 respondent

because 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 for any other application as deemed

appropriate by the local law enforcement agency.

(h-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

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.

Section 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, 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 petitioner is a law enforcement

officer, referral to relevant domestic violence or stalking

advocacy or counseling resources, if appropriate. Petitioner

shall attest to having provided the notice in the filed

affidavit or verified pleading. If after making a good faith

effort 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; and

(2) the respondent to 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 respondent because 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 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

respondent's firearms must swear or affirm by affidavit that he

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

any one 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.

Section 45. Termination and renewal.

(a) A person subject to a firearms restraining order issued

under this Act may submit one written request at any 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.

(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.

(2) In determining whether to renew a firearms

restraining order issued under this Act, the court shall

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.

(4) The renewal of a firearms restraining order issued

under this Section shall be in effect for 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.

Section 50. Notice of orders.

(a) Entry and issuance. Upon issuance of any firearms

restraining order, the clerk shall immediately, or on the next

court day if an emergency firearms restraining order is issued

in accordance with Section 35 of this Act (emergency firearms

restraining order), (i) enter the order on the record and file

it in accordance with the circuit court procedures and (ii)

provide a file stamped copy of the order to respondent, if

present, and to petitioner.

(b) Filing with sheriff. The clerk of the issuing judge

shall, or the petitioner may, on the same day that a firearms

restraining order is issued, file a certified copy of that

order with the sheriff or other law enforcement officials

charged with maintaining Department of State Police records or

charged with serving the order upon respondent. If the order

was issued in accordance with Section 35 of this Act (emergency

firearms restraining order), the clerk shall on the next court

day, file a certified copy of the order with the sheriff or

other law enforcement officials charged with maintaining

Department of State Police records.

(c) Service by sheriff. Unless respondent was present in

court when the order was issued, the sheriff or other law

enforcement official shall promptly serve that order upon

respondent and file proof of the service, in the manner

provided for service of process in civil proceedings. Instead

of serving the order upon the respondent, however, the sheriff,

other law enforcement official, or other persons defined in

Section 112A-22.10 of the Criminal Code of 1963 may serve the

respondent with a short form notification as provided in that

Section. If process has not yet been served upon the

respondent, it shall be served with the order or short form

notification if the service is made by the sheriff, or other

law enforcement official.

(d) Any order renewing or terminating any firearms

restraining order shall be promptly recorded, issued, and

served as provided in this Section.

Section 55. Data maintenance by law enforcement agencies.

(a) All sheriffs shall furnish to the Department of State

Police, daily, in the form and detail the Department requires,

copies of any recorded firearms restraining order issued by the

court, and any foreign orders of 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 Department of 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 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 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.

Section 60. Filing of a firearms restraining order issued

by another state.

(a) A person who has sought a firearms restraining order or

similar order issued by the court of another state, tribe, or

United States territory may file a certified copy of the

firearms restraining order with the clerk of the court in a

judicial circuit in which the person believes that enforcement

may be necessary.

(b) The clerk shall:

(1) treat the foreign firearms restraining order in the

same manner as a judgment of the circuit court for any

county of this State in accordance with the provisions of

the Uniform Enforcement of Foreign Judgments Act, except

that the clerk shall not mail notice of the filing of the

foreign order to the respondent named in the order; and

(2) on the same day that a foreign firearms restraining

order is filed, file a certified copy of that order with

the sheriff or other law enforcement officials charged with

maintaining Department of State Police records as set forth

in Section 55 of this Act.

(c) Neither residence in this State nor filing of a foreign

firearms restraining order shall be required for enforcement of

the order by this State. Failure to file the foreign order

shall not be an impediment to its treatment in all respects as

an Illinois firearms restraining order.

(d) The clerk shall not charge a fee to file a foreign

order of protection under this Section.

Section 65. Enforcement; sanctions for violation of order.

A respondent who knowingly violates a firearms restraining

order is guilty of a Class A misdemeanor. Prosecution for a

violation of a firearms restraining order shall not bar

concurrent prosecution for any other crime, including any crime

that may have been committed at the time of the violation of

the firearms restraining order.

Section 70. Non-preclusion of remedies. Nothing in this Act

shall preclude a petitioner or law-enforcement officer from

removing weapons under other authority, or filing criminal

charges when probable cause exists.

Section 75. Limited law enforcement liability. Any act of

omission or commission by any law enforcement officer acting in

good faith in rendering emergency assistance or otherwise

enforcing this Act shall not impose civil liability upon the

law enforcement officer or his or her supervisor or employer,

unless the act is a result of willful or wanton misconduct.

Section 80. Expungement or sealing of order. If the court

denies issuance of a firearms restraining order against the

respondent, all records of the proceeding shall be immediately

expunged from the court records. If the firearms restraining

order is granted, all records of the proceeding shall, 3 years

after the expiration of the order, be sealed.

Section 135. The Firearm Owners Identification Card Act is

amended by changing Section 8.2 and adding Section 8.3 as

follows:

(430 ILCS 65/8.2)

Sec. 8.2. Firearm Owner's Identification Card denial or

revocation. The Department of State Police shall deny an

application or shall revoke and seize a Firearm Owner's

Identification Card previously issued under this Act if the

Department finds that the applicant or person to whom such card

was issued is or was at the time of issuance subject to an

existing order of protection or firearms restraining order.

(Source: P.A. 96-701, eff. 1-1-10.)

(430 ILCS 65/8.3 new)

Sec. 8.3. Suspension of Firearm Owner's Identification

Card. The Department of State Police may, by rule in a manner

consistent with the Department's rules concerning revocation,

provide for the suspension of the Firearm Owner's

Identification Card of a person whose Firearm Owner's

Identification Card is subject to revocation and seizure under

this Act for the duration of the disqualification if the

disqualification is not a permanent grounds for revocation of a

Firearm Owner's Identification Card under this Act.

Section 140. The Firearm Concealed Carry Act is amended by

changing Section 70 as follows:

(430 ILCS 66/70)

Sec. 70. Violations.

(a) A license issued or renewed under this Act shall be

revoked if, at any time, the licensee is found to be ineligible

for a license under this Act or the licensee no longer meets

the eligibility requirements of the Firearm Owners

Identification Card Act.

(b) A license shall be suspended if an order of protection,

including an emergency order of protection, plenary order of

protection, or interim order of protection under Article 112A

of the Code of Criminal Procedure of 1963 or under the Illinois

Domestic Violence Act of 1986, or if a firearms restraining

order, including an emergency firearms restraining order,

under the Firearms Restraining Order Act, is issued against a

licensee for the duration of the order, or if the Department is

made aware of a similar order issued against the licensee in

any other jurisdiction. If an order of protection is issued

against a licensee, the licensee shall surrender the license,

as applicable, to the court at the time the order is entered or

to the law enforcement agency or entity serving process at the

time the licensee is served the order. The court, law

enforcement agency, or entity responsible for serving the order

of protection shall notify the Department within 7 days and

transmit the license to the Department.

(c) A license is invalid upon expiration of the license,

unless the licensee has submitted an application to renew the

license, and the applicant is otherwise eligible to possess a

license under this Act.

(d) A licensee shall not carry a concealed firearm while

under the influence of alcohol, other drug or drugs,

intoxicating compound or combination of compounds, or any

combination thereof, under the standards set forth in

subsection (a) of Section 11-501 of the Illinois Vehicle Code.

A licensee in violation of this subsection (d) shall be

guilty of a Class A misdemeanor for a first or second violation

and a Class 4 felony for a third violation. The Department may

suspend a license for up to 6 months for a second violation and

shall permanently revoke a license for a third violation.

(e) Except as otherwise provided, a licensee in violation

of this Act shall be guilty of a Class B misdemeanor. A second

or subsequent violation is a Class A misdemeanor. The

Department may suspend a license for up to 6 months for a

second violation and shall permanently revoke a license for 3

or more violations of Section 65 of this Act. Any person

convicted of a violation under this Section shall pay a $150

fee to be deposited into the Mental Health Reporting Fund, plus

any applicable court costs or fees.

(f) A licensee convicted or found guilty of a violation of

this Act who has a valid license and is otherwise eligible to

carry a concealed firearm shall only be subject to the

penalties under this Section and shall not be subject to the

penalties under Section 21-6, paragraph (4), (8), or (10) of

subsection (a) of Section 24-1, or subparagraph (A-5) or (B-5)

of paragraph (3) of subsection (a) of Section 24-1.6 of the

Criminal Code of 2012. Except as otherwise provided in this

subsection, nothing in this subsection prohibits the licensee

from being subjected to penalties for violations other than

those specified in this Act.

(g) A licensee whose license is revoked, suspended, or

denied shall, within 48 hours of receiving notice of the

revocation, suspension, or denial, surrender his or her

concealed carry license to the local law enforcement agency

where the person resides. The local law enforcement agency

shall provide the licensee a receipt and transmit the concealed

carry license to the Department of State Police. If the

licensee whose concealed carry license has been revoked,

suspended, or denied fails to comply with the requirements of

this subsection, the law enforcement agency where the person

resides may petition the circuit court to issue a warrant to

search for and seize the concealed carry license in the

possession and under the custody or control of the licensee

whose concealed carry license has been revoked, suspended, or

denied. The observation of a concealed carry license in the

possession of a person whose license has been revoked,

suspended, or denied constitutes a sufficient basis for the

arrest of that person for violation of this subsection. A

violation of this subsection is a Class A misdemeanor.

(h) A license issued or renewed under this Act shall be

revoked if, at any time, the licensee is found ineligible for a

Firearm Owner's Identification Card, or the licensee no longer

possesses a valid Firearm Owner's Identification Card. A

licensee whose license is revoked under this subsection (h)

shall surrender his or her concealed carry license as provided

for in subsection (g) of this Section.

This subsection shall not apply to a person who has filed

an application with the State Police for renewal of a Firearm

Owner's Identification Card and who is not otherwise ineligible

to obtain a Firearm Owner's Identification Card.

(i) A certified firearms instructor who knowingly provides

or offers to provide a false certification that an applicant

has completed firearms training as required under this Act is

guilty of a Class A misdemeanor. A person guilty of a violation

of this subsection (i) is not eligible for court supervision.

The Department shall permanently revoke the firearms

instructor certification of a person convicted under this

subsection (i).

(Source: P.A. 98-63, eff. 7-9-13; 98-756, eff. 7-16-14; 98-899,

eff. 8-15-14.)