HB 5849 Illinois House · 100th Regular Session

FIREARM REVOCATION PROCEDURE

Summary
Creates the Gun Violence Protection Order Act. Provides that a circuit court may issue a warrant to search for and seize a firearm in the possession of a person who is believed to pose a clear and present danger to himself, herself, or to others if: (1) a law enforcement officer provides the court a sworn affidavit; (2) the affidavit specifically describes the location of the firearm; and (3) the circuit court determines that probable cause exists to believe that the person poses a clear and present danger to himself, herself, or others and is in possession of a firearm. Provides that if a law enforcement officer seizes a firearm from a person whom the law enforcement officer believes to pose a clear and present danger to himself, herself, or to others without obtaining a warrant, the law enforcement officer shall submit to the circuit court having jurisdiction over the person believed to pose a clear and present danger to himself, herself, or to others, a written statement under oath or affirmation describing the basis for the law enforcement officer's belief that the person poses a clear and present danger to himself, herself, or to others. Provides that not later than 14 days after a return is filed or a written statement is submitted, the court shall conduct a hearing to determine whether the seized firearm should be: (1) returned to the person from whom the firearm was seized; or (2) retained by the law enforcement agency having custody of the firearm. Repeals the Firearm Seizure Act on January 1, 2019. Makes other changes. Effective January 1, 2019.
Bill status failed 1 of 4 stages cleared
Introduction
Mar 2018
Committee Review
Floor Vote
Governor
Introduced Mar 22, 2018 Last action Jan 8, 2019
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Full legislative history

Actions timeline

Total actions
6
Key actions
0
Committee
1
Jan 8, 2019
House · Failed
Session Sine Die
Apr 3, 2018
House · Referred to committee
Referred to Rules Committee
0 primary · 1 co-sponsor

Sponsors

Role
Legislator
Party
State
District
Co
Photo of David McSweeney
David McSweeney
RRepublican
IL
52