104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026
SB3346

Introduced 2/4/2026, by Sen. Terri Bryant

SYNOPSIS AS INTRODUCED:

`430 ILCS 65/8`
`430 ILCS 65/8.1`
`430 ILCS 65/8.2`
`430 ILCS 65/8.3`
`430 ILCS 65/10`	`from Ch. 38, par. 83-10`

Amends the Firearm Owners Identification Card Act. Provides that, notwithstanding any other provision of the Act to the contrary, on or after the effective date of the amendatory Act, the Illinois State Police may not revoke a Firearm Owner's Identification Card. Provides that on or after the effective date of the amendatory Act, a Firearm Owner's Identification Card may only be revoked after a Firearm Owner's Identification Card hearing has been held in the circuit court of the county of residence of the person whose Firearm Owner's Identification Card is sought to be revoked. Provides that, if the State's Attorney of the county of residence of the person whose Firearm Owner's Identification Card is sought to be revoked has probable cause to believe that the person who has been issued a Firearm Owner's Identification Card is no longer eligible for the Card under the Act, the State's Attorney shall file a petition in the circuit court of the county of residence of the person whose Card is sought to be revoked. Provides that at the hearing, the person may present evidence in his or her favor seeking retention of his or her Firearm Owner's Identification Card and the Illinois State Police and State's Attorney may present evidence for revocation. Provides that the hearing shall be a civil proceeding and subject to due process, the Code of Civil Procedure, and the Illinois Rules of Evidence as adopted by the Supreme Court. Provides that the hearing shall be held within 45 days after the filing of the petition. Provides that if the circuit court determines, by clear and convincing evidence, that the person is ineligible for retention of his or her Firearm Owner's Identification Card under the Act, the court shall order the Illinois State Police to immediately revoke the Card and the circuit clerk shall seize the Card and transmit the Card to the Illinois State Police. Establishes procedures for the Illinois State Police to suspend a Firearm Owner's Identification Card.

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A BILL FOR

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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, 8.1, 8.2, 8.3, and 10 as

6 follows:

7 (430 ILCS 65/8)

8 Sec. 8. Grounds for denial and revocation. The Illinois

9 State Police has authority to deny an application for ~~or to~~

10 ~~revoke and seize~~ a Firearm Owner's Identification Card

11 previously issued under this Act and the circuit court of the

12 county of the person's residence has the authority to revoke

13 and order the seizure of the person's Firearm Owner's

14 Identification Card under subsection (g) of Section 10 only if

15 the Illinois State Police or circuit court finds that the

16 applicant or the person to whom such card was issued is or was

17 at the time of issuance:

18 (a) A person under 21 years of age who has been

19 convicted of a misdemeanor other than a traffic offense or

20 adjudged delinquent;

21 (b) This subsection (b) applies through the 180th day

22 following July 12, 2019 (the effective date of Public Act

23 101-80). A person under 21 years of age who does not have

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1 the written consent of his parent or guardian to acquire

2 and possess firearms and firearm ammunition, or whose

3 parent or guardian has revoked such written consent, or

4 where such parent or guardian does not qualify to have a

5 Firearm Owner's Identification Card;

6 (b-5) This subsection (b-5) applies on and after the

7 181st day following July 12, 2019 (the effective date of

8 Public Act 101-80). A person under 21 years of age who is

9 not an active duty member of the United States Armed

10 Forces or the Illinois National Guard and does not have

11 the written consent of his or her parent or guardian to

12 acquire and possess firearms and firearm ammunition, or

13 whose parent or guardian has revoked such written consent,

14 or where such parent or guardian does not qualify to have a

15 Firearm Owner's Identification Card;

16 (c) A person convicted of a felony under the laws of

17 this or any other jurisdiction;

18 (d) A person addicted to narcotics;

19 (e) A person who has been a patient of a mental health

20 facility within the past 5 years or a person who has been a

21 patient in a mental health facility more than 5 years ago

22 who has not received the certification required under

23 subsection (u) of this Section. An active law enforcement

24 officer employed by a unit of government or a Department

25 of Corrections employee authorized to possess firearms who

26 is denied, revoked, or has his or her Firearm Owner's

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1 Identification Card seized under this subsection (e) may

2 obtain relief as described in subsection (c-5) of Section

3 10 of this Act if the officer or employee did not act in a

4 manner threatening to the officer or employee, another

5 person, or the public as determined by the treating

6 clinical psychologist or physician, and the officer or

7 employee seeks mental health treatment;

8 (f) A person whose mental condition is of such a

9 nature that it poses a clear and present danger to the

10 applicant, any other person or persons, or the community;

11 (g) A person who has an intellectual disability;

12 (h) A person who intentionally makes a false statement

13 in the Firearm Owner's Identification Card application or

14 endorsement affidavit;

15 (i) A noncitizen who is unlawfully present in the

16 United States under the laws of the United States;

17 (i-5) A noncitizen who has been admitted to the United

18 States under a non-immigrant visa (as that term is defined

19 in Section 101(a)(26) of the Immigration and Nationality

20 Act (8 U.S.C. 1101(a)(26))), except that this subsection

21 (i-5) does not apply to any noncitizen who has been

22 lawfully admitted to the United States under a

23 non-immigrant visa if that noncitizen is:

24 (1) admitted to the United States for lawful

25 hunting or sporting purposes;

26 (2) an official representative of a foreign

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1 government who is:

2 (A) accredited to the United States Government

3 or the Government's mission to an international

4 organization having its headquarters in the United

5 States; or

6 (B) en route to or from another country to

7 which that noncitizen is accredited;

8 (3) an official of a foreign government or

9 distinguished foreign visitor who has been so

10 designated by the Department of State;

11 (4) a foreign law enforcement officer of a

12 friendly foreign government entering the United States

13 on official business; or

14 (5) one who has received a waiver from the

15 Attorney General of the United States pursuant to 18

16 U.S.C. 922(y)(3);

17 (j) (Blank);

18 (k) A person who has been convicted within the past 5

19 years of battery, assault, aggravated assault, violation

20 of an order of protection, or a substantially similar

21 offense in another jurisdiction, in which a firearm was

22 used or possessed;

23 (l) A person who has been convicted of domestic

24 battery, aggravated domestic battery, or a substantially

25 similar offense in another jurisdiction committed before,

26 on or after January 1, 2012 (the effective date of Public

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1 Act 97-158). If the applicant or person who has been

2 previously issued a Firearm Owner's Identification Card

3 under this Act knowingly and intelligently waives the

4 right to have an offense described in this paragraph (l)

5 tried by a jury, and by guilty plea or otherwise, results

6 in a conviction for an offense in which a domestic

7 relationship is not a required element of the offense but

8 in which a determination of the applicability of 18 U.S.C.

9 922(g)(9) is made under Section 112A-11.1 of the Code of

10 Criminal Procedure of 1963, an entry by the court of a

11 judgment of conviction for that offense shall be grounds

12 for denying an application for and for revoking and

13 seizing a Firearm Owner's Identification Card previously

14 issued to the person under this Act;

15 (m) (Blank);

16 (n) A person who is prohibited from acquiring or

17 possessing firearms or firearm ammunition by any Illinois

18 State statute or by federal law;

19 (o) A minor subject to a petition filed under Section

20 5-520 of the Juvenile Court Act of 1987 alleging that the

21 minor is a delinquent minor for the commission of an

22 offense that if committed by an adult would be a felony;

23 (p) An adult who had been adjudicated a delinquent

24 minor under the Juvenile Court Act of 1987 for the

25 commission of an offense that if committed by an adult

26 would be a felony;

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1 (q) A person who is not a resident of the State of

2 Illinois, except as provided in subsection (a-10) of

3 Section 4;

4 (r) A person who has been adjudicated as a person with

5 a mental disability;

6 (s) A person who has been found to have a

7 developmental disability;

8 (t) A person involuntarily admitted into a mental

9 health facility;

10 (u) A person who has had his or her Firearm Owner's

11 Identification Card revoked or denied under subsection (e)

12 of this Section or item (iv) of paragraph (2) of

13 subsection (a) of Section 4 of this Act because he or she

14 was a patient in a mental health facility as provided in

15 subsection (e) of this Section, shall not be permitted to

16 obtain a Firearm Owner's Identification Card, after the

17 5-year period has lapsed, unless he or she has received a

18 mental health evaluation by a physician, clinical

19 psychologist, advanced practice psychiatric nurse, or

20 qualified examiner as those terms are defined in the

21 Mental Health and Developmental Disabilities Code, and has

22 received a certification that he or she is not a clear and

23 present danger to himself, herself, or others. The

24 physician, clinical psychologist, advanced practice

25 psychiatric nurse, or qualified examiner making the

26 certification and his or her employer shall not be held

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1 criminally, civilly, or professionally liable for making

2 or not making the certification required under this

3 subsection, except for willful or wanton misconduct. This

4 subsection does not apply to a person whose firearm

5 possession rights have been restored through

6 administrative or judicial action under Section 10 or 11

7 of this Act; or

8 (v) A person who fails 2 or more times to report a loss

9 or theft of a firearm within 48 hours of the discovery of

10 such loss or theft to local law enforcement as required

11 under subsection (a) of Section 24-4.1 of the Criminal

12 Code of 2012.

13 Upon revocation of a person's Firearm Owner's

14 Identification Card, the Illinois State Police shall provide

15 notice to the person and the person shall comply with Section

16 9.5 of this Act.

17 (Source: P.A. 104-31, eff. 1-1-26; 104-270, eff. 8-15-25;

18 revised 11-21-25.)

19 (430 ILCS 65/8.1)

20 Sec. 8.1. Notifications to the Illinois State Police and

21 State's Attorney.

22 (a) The Circuit Clerk shall, in the form and manner

23 required by the Supreme Court, notify the Illinois State

24 Police and the State's Attorney of the county of residence of

25 the person for which the disposition is applicable of all

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1 final dispositions of cases for which the Illinois State

2 Police ~~Department~~ has received information reported to it

3 under Sections 2.1 and 2.2 of the Criminal Identification Act.

4 (b) Upon adjudication of any individual as a person with a

5 mental disability as defined in Section 1.1 of this Act or a

6 finding that a person has been involuntarily admitted, the

7 court shall direct the circuit court clerk to immediately

8 notify the Illinois State Police, Firearm Owner's

9 Identification (FOID) department and the State's Attorney of

10 the county of residence of the person adjudicated with the

11 mental disability or involuntarily admitted, and shall forward

12 a copy of the court order to the Illinois State Police

13 ~~Department~~.

14 (b-1) Beginning July 1, 2016, and each July 1 and December

15 30 of every year thereafter, the circuit court clerk shall, in

16 the form and manner prescribed by the Illinois State Police,

17 notify the Illinois State Police, Firearm Owner's

18 Identification (FOID) department if the court has not directed

19 the circuit court clerk to notify the Illinois State Police,

20 Firearm Owner's Identification (FOID) department under

21 subsection (b) of this Section, within the preceding 6 months,

22 because no person has been adjudicated as a person with a

23 mental disability by the court as defined in Section 1.1 of

24 this Act or if no person has been involuntarily admitted. The

25 Supreme Court may adopt any orders or rules necessary to

26 identify the persons who shall be reported to the Illinois

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1 State Police under subsection (b), or any other orders or

2 rules necessary to implement the requirements of this Act.

3 (c) The Department of Human Services shall, in the form

4 and manner prescribed by the Illinois State Police, report all

5 information collected under subsection (b) of Section 12 of

6 the Mental Health and Developmental Disabilities

7 Confidentiality Act for the purpose of determining whether a

8 person who may be or may have been a patient in a mental health

9 facility is disqualified under State or federal law from

10 receiving or retaining a Firearm Owner's Identification Card,

11 or purchasing a weapon.

12 (d) If a person is determined to pose a clear and present

13 danger to himself, herself, or to others:

14 (1) by a physician, clinical psychologist, advanced

15 practice psychiatric nurse, or qualified examiner, or is

16 determined to have a developmental disability by a

17 physician, clinical psychologist, advanced practice

18 psychiatric nurse, or qualified examiner, whether employed

19 by the State or privately, then the physician, clinical

20 psychologist, advanced practice psychiatric nurse, or

21 qualified examiner shall, within 24 hours of making the

22 determination, notify the Department of Human Services

23 that the person poses a clear and present danger or has a

24 developmental disability; or

25 (2) by a law enforcement official or school

26 administrator, then the law enforcement official or school

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1 administrator shall, within 24 hours of making the

2 determination, notify the Illinois State Police and the

3 State's Attorney of the county of residence that the

4 person poses a clear and present danger.

5 The Department of Human Services shall immediately update

6 its records and information relating to mental health and

7 developmental disabilities, and if appropriate, shall under

8 paragraph (1) of subsection (d) of this Section notify the

9 Illinois State Police in a form and manner prescribed by the

10 Illinois State Police and the State's Attorney of the county

11 of residence of the person. The State's Attorney of the county

12 of residence of the person ~~Illinois State Police~~ shall deny

13 the application or suspend or revoke the person's Firearm

14 Owner's Identification Card under Section 8 of this Act. Any

15 information disclosed under this subsection shall remain

16 privileged and confidential, and shall not be redisclosed,

17 except as required under subsection (e) of Section 3.1 and

18 subsection (c-5) or (f) of Section 10 of this Act, nor used for

19 any other purpose. The method of providing this information

20 shall guarantee that the information is not released beyond

21 what is necessary for the purpose of these Sections. Reports

22 from the Department of Human Services shall be provided by

23 rule by the Department of Human Services. The identity of the

24 person reporting under paragraph (1) of subsection (d) of this

25 Section shall only be disclosed to the subject of the report if

26 required by the Board or a court with jurisdiction consistent

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1 with proceedings under subsections (c-5) or (f) of Section 10

2 of this Act.

3 The law enforcement official or school administrator under

4 paragraph (2) of subsection (d) of this Section shall notify

5 the Illinois State Police in the form and manner prescribed by

6 the Illinois State Police. The Illinois State Police shall

7 determine whether to deny the application or suspend or revoke

8 the person's Firearm Owner's Identification Card under Section

9 8 of this Act. Any information disclosed under this subsection

10 shall remain confidential and shall not be redisclosed or used

11 for any other purpose except as required under subsection (e)

12 of Section 3.1 and subsection (c-5) or (f) of Section 10 of

13 this Act. The method of providing this information shall

14 guarantee that the information is not released beyond what is

15 necessary for the purpose of these Sections. The identity of

16 the person reporting under paragraph (2) of subsection (d) of

17 this Section shall be disclosed only to the subject of the

18 report if required by the Board or a court with jurisdiction

19 consistent with proceedings under subsection (c-5) or (f) of

20 Section 10 of this Act.

21 The physician, clinical psychologist, advanced practice

22 psychiatric nurse, qualified examiner, law enforcement

23 official, or school administrator making the determination and

24 his or her employer shall not be held criminally, civilly, or

25 professionally liable for making or not making the

26 notification required under this subsection, except for

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1 willful or wanton misconduct.

2 (d-5) If a law enforcement official determines that a

3 person has failed to report a lost or stolen firearm as

4 required by Section 24-4.1 of the Criminal Code of 2012, then

5 the law enforcement official shall, within 24 hours of making

6 that determination, notify the Illinois State Police that the

7 person has failed to report a lost or stolen firearm. The law

8 enforcement official shall notify the Illinois State Police in

9 a form and manner prescribed by the Illinois State Police. Any

10 information disclosed under this subsection shall remain

11 privileged and confidential, and shall not be redisclosed,

12 except as required under subsection (e) of Section 3.1 of this

13 Act, nor used for any other purpose.

14 (e) The Supreme Court ~~Illinois State Police~~ shall adopt

15 rules to implement this Section.

16 (Source: P.A. 104-5, eff. 6-16-25; 104-31, eff. 1-1-26;

17 104-270, eff. 8-15-25; revised 11-21-25.)

18 (430 ILCS 65/8.2)

19 Sec. 8.2. Firearm Owner's Identification Card denial,

20 suspension, or revocation. The Illinois State Police shall

21 deny an application or shall suspend ~~or revoke and seize~~ a

22 Firearm Owner's Identification Card previously issued under

23 this Act if the Department finds that the applicant ~~or person~~

24 ~~to whom such card was issued~~ is or was at the time of issuance

25 subject to a protective order issued under the laws of this or

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1 any other jurisdiction. When the duration of the protective

2 order is expected to be less than 45 days ~~one year~~, the

3 Illinois State Police may suspend the Firearm Owner's

4 Identification Card under Section 8.3 of the Act and shall

5 reinstate it upon conclusion of the suspension if no other

6 grounds for denial or revocation are found under Section 8 of

7 the Act.

8 (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21.)

9 (430 ILCS 65/8.3)

10 Sec. 8.3. Suspension of Firearm Owner's Identification

11 Card. The Illinois State Police may suspend the Firearm

12 Owner's Identification Card of a person whose Firearm Owner's

13 Identification Card is subject to revocation and seizure under

14 this Act for a period of not less than 30 days and not more

15 than 45 days. The Illinois State Police shall schedule a

16 revocation hearing with the clerk of the circuit court and the

17 State's Attorney of the county of the person's residence not

18 less than 30 days and not more than 45 days after the

19 suspension of the person's Firearm Owner's Identification

20 Card. If the hearing is not scheduled within that 45-day

21 period, the Illinois State Police shall reinstate the person's

22 Firearm Owner's Identification Card and may not seek

23 revocation of that person's Firearm Owner's Identification

24 Card. The hearing shall be conducted in the manner provided in

25 subsection (g) of Section 10 ~~the duration of the~~

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1 ~~disqualification~~ if the disqualification is not a permanent

2 ground for revocation of a Firearm Owner's Identification Card

3 under this Act. The Illinois State Police may adopt rules

4 necessary to implement this Section.

5 (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;

6 102-813, eff. 5-13-22; 103-154, eff. 6-30-23.)

7 (430 ILCS 65/10) (from Ch. 38, par. 83-10)

8 Sec. 10. Appeals; hearing; relief from firearm

9 prohibitions.

10 (a) Whenever an application for a Firearm Owner's

11 Identification Card is denied ~~or whenever such a Card is~~

12 ~~suspended or revoked as provided for in Section 8, 8.2, or 8.3~~

13 ~~of this Act~~, upon complying with the requirements of Section

14 9.5 of the Act, the aggrieved party may (1) file a record

15 challenge with the Director regarding the record upon which

16 the decision to deny ~~or revoke~~ the Firearm Owner's

17 Identification Card was based under subsection (a-5); or (2)

18 appeal to the Director of the Illinois State Police through

19 December 31, 2022, or beginning January 1, 2023, the Firearm

20 Owner's Identification Card Review Board for a hearing seeking

21 relief from such denial~~, suspension, or revocation~~ unless the

22 denial~~, suspension, or revocation~~ was based upon a forcible

23 felony, stalking, aggravated stalking, domestic battery, any

24 violation of the Illinois Controlled Substances Act, the

25 Methamphetamine Control and Community Protection Act, or the

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1 Cannabis Control Act that is classified as a Class 2 or greater

2 felony, any felony violation of Article 24 of the Criminal

3 Code of 1961 or the Criminal Code of 2012, or any adjudication

4 as a delinquent minor for the commission of an offense that if

5 committed by an adult would be a felony, in which case the

6 aggrieved party may petition the circuit court in writing in

7 the county of his or her residence for a hearing seeking relief

8 from such denial ~~or revocation~~.

9 (a-5) There is created a Firearm Owner's Identification

10 Card Review Board to consider any appeal under subsection (a)

11 beginning January 1, 2023, other than an appeal directed to

12 the circuit court and except when the applicant is challenging

13 the record upon which the decision to deny ~~or revoke~~ was based

14 as provided in subsection (a-10).

15 (0.05) In furtherance of the policy of this Act that

16 the Board shall exercise its powers and duties in an

17 independent manner, subject to the provisions of this Act

18 but free from the direction, control, or influence of any

19 other agency or department of State government. All

20 expenses and liabilities incurred by the Board in the

21 performance of its responsibilities hereunder shall be

22 paid from funds which shall be appropriated to the Board

23 by the General Assembly for the ordinary and contingent

24 expenses of the Board.

25 (1) The Board shall consist of 7 members appointed by

26 the Governor, with the advice and consent of the Senate,

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1 with 3 members residing within the First Judicial District

2 and one member residing within each of the 4 remaining

3 Judicial Districts. No more than 4 members shall be

4 members of the same political party. The Governor shall

5 designate one member as the chairperson. The members shall

6 have actual experience in law, education, social work,

7 behavioral sciences, law enforcement, or community affairs

8 or in a combination of those areas.

9 (2) The terms of the members initially appointed after

10 January 1, 2022 (the effective date of Public Act 102-237)

11 shall be as follows: one of the initial members shall be

12 appointed for a term of one year, 3 shall be appointed for

13 terms of 2 years, and 3 shall be appointed for terms of 4

14 years. Thereafter, members shall hold office for 4 years,

15 with terms expiring on the second Monday in January

16 immediately following the expiration of their terms and

17 every 4 years thereafter. Members may be reappointed.

18 Vacancies in the office of member shall be filled in the

19 same manner as the original appointment, for the remainder

20 of the unexpired term. The Governor may remove a member

21 for incompetence, neglect of duty, malfeasance, or

22 inability to serve. Members shall receive compensation in

23 an amount equal to the compensation of members of the

24 Executive Ethics Commission and, beginning July 1, 2023,

25 shall be compensated from appropriations provided to the

26 Comptroller for this purpose. Members may be reimbursed,

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1 from funds appropriated for such a purpose, for reasonable

2 expenses actually incurred in the performance of their

3 Board duties. The Illinois State Police shall designate an

4 employee to serve as Executive Director of the Board and

5 provide logistical and administrative assistance to the

6 Board.

7 (3) The Board shall meet at least quarterly each year

8 and at the call of the chairperson as often as necessary to

9 consider appeals of decisions made with respect to

10 applications for a Firearm Owner's Identification Card

11 under this Act. If necessary to ensure the participation

12 of a member, the Board shall allow a member to participate

13 in a Board meeting by electronic communication. Any member

14 participating electronically shall be deemed present for

15 purposes of establishing a quorum and voting.

16 (4) The Board shall adopt rules for the review of

17 appeals and the conduct of hearings. The Board shall

18 maintain a record of its decisions and all materials

19 considered in making its decisions. All Board decisions

20 and voting records shall be kept confidential and all

21 materials considered by the Board shall be exempt from

22 inspection except upon order of a court.

23 (5) In considering an appeal, the Board shall review

24 the materials received concerning the denial ~~or revocation~~

25 by the Illinois State Police. By a vote of at least 4

26 members, the Board may request additional information from

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1 the Illinois State Police or the applicant or the

2 testimony of the Illinois State Police or the applicant.

3 The Board may require that the applicant submit electronic

4 fingerprints to the Illinois State Police for an updated

5 background check if the Board determines it lacks

6 sufficient information to determine eligibility. The Board

7 may consider information submitted by the Illinois State

8 Police, a law enforcement agency, or the applicant. The

9 Board shall review each denial ~~or revocation~~ and determine

10 by a majority of members whether an applicant should be

11 granted relief under subsection (c).

12 (6) The Board shall by order issue summary decisions.

13 The Board shall issue a decision within 45 days of

14 receiving all completed appeal documents from the Illinois

15 State Police and the applicant. However, the Board need

16 not issue a decision within 45 days if:

17 (A) the Board requests information from the

18 applicant, including, but not limited to, electronic

19 fingerprints to be submitted to the Illinois State

20 Police, in accordance with paragraph (5) of this

21 subsection, in which case the Board shall make a

22 decision within 30 days of receipt of the required

23 information from the applicant;

24 (B) the applicant agrees, in writing, to allow the

25 Board additional time to consider an appeal; or

26 (C) the Board notifies the applicant and the

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1 Illinois State Police that the Board needs an

2 additional 30 days to issue a decision. The Board may

3 only issue 2 extensions under this subparagraph (C).

4 The Board's notification to the applicant and the

5 Illinois State Police shall include an explanation for

6 the extension.

7 (7) If the Board determines that the applicant is

8 eligible for relief under subsection (c), the Board shall

9 notify the applicant and the Illinois State Police that

10 relief has been granted and the Illinois State Police

11 shall issue the Card.

12 (8) Meetings of the Board shall not be subject to the

13 Open Meetings Act and records of the Board shall not be

14 subject to the Freedom of Information Act.

15 (9) The Board shall report monthly to the Governor and

16 the General Assembly on the number of appeals received and

17 provide details of the circumstances in which the Board

18 has determined to deny Firearm Owner's Identification

19 Cards under this subsection (a-5). The report shall not

20 contain any identifying information about the applicants.

21 (a-10) Whenever an applicant or cardholder is not seeking

22 relief from a firearms prohibition under subsection (c) but

23 rather does not believe the applicant is appropriately denied

24 ~~or revoked~~ and is challenging the record upon which the

25 decision to deny ~~or revoke~~ the Firearm Owner's Identification

26 Card was based, or whenever the Illinois State Police fails to

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1 act on an application within 30 days of its receipt, the

2 applicant shall file such challenge with the Director. The

3 Director shall render a decision within 60 business days of

4 receipt of all information supporting the challenge. The

5 Illinois State Police shall adopt rules for the review of a

6 record challenge.

7 (b) At least 30 days before any hearing in the circuit

8 court, the petitioner shall serve the relevant State's

9 Attorney with a copy of the petition. The State's Attorney may

10 object to the petition and present evidence. At the hearing,

11 the court shall determine whether substantial justice has been

12 done. Should the court determine that substantial justice has

13 not been done, the court shall issue an order directing the

14 Illinois State Police to issue a Card. However, the court

15 shall not issue the order if the petitioner is otherwise

16 prohibited from obtaining, possessing, or using a firearm

17 under federal law.

18 (c) Any person prohibited from possessing a firearm under

19 Sections 24-1.1 or 24-3.1 of the Criminal Code of 2012 or

20 acquiring a Firearm Owner's Identification Card under Section

21 8 of this Act may apply to the Firearm Owner's Identification

22 Card Review Board or petition the circuit court in the county

23 where the petitioner resides, whichever is applicable in

24 accordance with subsection (a) of this Section, requesting

25 relief from such prohibition and the Board or court may grant

26 such relief if it is established by the applicant to the

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1 court's or the Board's satisfaction that:

2 (0.05) when in the circuit court, the State's Attorney

3 has been served with a written copy of the petition at

4 least 30 days before any such hearing in the circuit court

5 and at the hearing the State's Attorney was afforded an

6 opportunity to present evidence and object to the

7 petition;

8 (1) the applicant has not been convicted of a forcible

9 felony under the laws of this State or any other

10 jurisdiction within 20 years of the applicant's

11 application for a Firearm Owner's Identification Card, or

12 at least 20 years have passed since the end of any period

13 of imprisonment imposed in relation to that conviction;

14 (2) the circumstances regarding a criminal conviction,

15 where applicable, the applicant's criminal history and his

16 reputation are such that the applicant will not be likely

17 to act in a manner dangerous to public safety;

18 (3) granting relief would not be contrary to the

19 public interest; and

20 (4) granting relief would not be contrary to federal

21 law.

22 (c-5) (1) An active law enforcement officer employed by a

23 unit of government or a Department of Corrections employee

24 authorized to possess firearms who is denied a ~~, revoked, or~~

25 ~~has his or her~~ Firearm Owner's Identification Card ~~seized~~

26 ~~under subsection (e) of Section 8 of this Act~~ may apply to the

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1 Firearm Owner's Identification Card Review Board requesting

2 relief if the officer or employee did not act in a manner

3 threatening to the officer or employee, another person, or the

4 public as determined by the treating clinical psychologist or

5 physician, and as a result of his or her work is referred by

6 the employer for or voluntarily seeks mental health evaluation

7 or treatment by a licensed clinical psychologist,

8 psychiatrist, advanced practice psychiatric nurse, or

9 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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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", "advanced

22 practice psychiatric nurse", and "qualified examiner" shall

23 have the same meaning as provided in Chapter I of the Mental

24 Health and Developmental Disabilities Code.

25 (5) No later than January 1, 2026, the Firearm Owner's

26 Identification Card Review Board shall establish a process by

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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 pursuant to

12 subparagraph (A) of paragraph (5) of subsection (c-5) of

13 this Section. The objection must specify the basis for the

14 individual's belief that the redacted information is

15 necessary for a full and fair 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

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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 a ~~, 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, advanced practice psychiatric nurse, or

15 qualified examiner, that the aggrieved party's developmental

16 disability or intellectual disability condition is determined

17 by a physician, clinical psychologist, or qualified to be

18 mild. If a fact-finding conference is scheduled to obtain

19 additional information concerning the circumstances of the

20 denial ~~or revocation~~, the 60 business days the Director has to

21 act shall be tolled until the completion of the fact-finding

22 conference.

23 (3) The Board may grant relief if the aggrieved party's

24 developmental disability or intellectual disability is mild as

25 determined by a physician, clinical psychologist, advanced

26 practice psychiatric nurse, or qualified examiner and it is

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1 established by the applicant to the Board's satisfaction that:

2 (A) granting relief would not be contrary to the

3 public interest; and

4 (B) granting relief would not be contrary to federal

5 law.

6 (4) The Board may not grant relief if the condition is

7 determined by a physician, clinical psychologist, advanced

8 practice psychiatric nurse, or qualified examiner to be

9 moderate, severe, or profound.

10 (5) The changes made to this Section by Public Act 99-29

11 apply to requests for relief pending on or before July 10, 2015

12 (the effective date of Public Act 99-29), except that the

13 60-day period for the Director to act on requests pending

14 before the effective date shall begin on July 10, 2015 (the

15 effective date of Public Act 99-29). All appeals as provided

16 in subsection (a-5) pending on January 1, 2023 shall be

17 considered by the Board.

18 (d) When a minor is adjudicated delinquent for an offense

19 which if committed by an adult would be a felony, the court

20 shall notify the Illinois State Police.

21 (e) The court shall review the denial of an application or

22 the revocation of a Firearm Owner's Identification Card of a

23 person who has been adjudicated delinquent for an offense that

24 if committed by an adult would be a felony if an application

25 for relief has been filed at least 10 years after the

26 adjudication of delinquency and the court determines that the

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1 applicant should be granted relief from disability to obtain a

2 Firearm Owner's Identification Card. If the court grants

3 relief, the court shall notify the Illinois State Police that

4 the disability has been removed and that the applicant is

5 eligible to obtain a Firearm Owner's Identification Card.

6 (f) Any person who is subject to the disabilities of 18

7 U.S.C. 922(d)(4) and 922(g)(4) of the federal Gun Control Act

8 of 1968 because of an adjudication or commitment that occurred

9 under the laws of this State or who was determined to be

10 subject to the provisions of subsections (e), (f), or (g) of

11 Section 8 of this Act may apply to the Board requesting relief

12 from that prohibition. The Board shall grant the relief if it

13 is established by a preponderance of the evidence that the

14 person will not be likely to act in a manner dangerous to

15 public safety and that granting relief would not be contrary

16 to the public interest. In making this determination, the

17 Board shall receive evidence concerning (i) the circumstances

18 regarding the firearms disabilities from which relief is

19 sought; (ii) the petitioner's mental health and criminal

20 history records, if any; (iii) the petitioner's reputation,

21 developed at a minimum through character witness statements,

22 testimony, or other character evidence; and (iv) changes in

23 the petitioner's condition or circumstances since the

24 disqualifying events relevant to the relief sought.

25 Notwithstanding any other provision of this Act or any other

26 law to the contrary, the Illinois State Police shall provide

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1 the Board or any court with jurisdiction with all records

2 relevant to the request for relief under Section 8.1. If

3 relief is granted under this subsection or by order of a court

4 under this Section, the Director shall as soon as practicable

5 but in no case later than 15 business days, update, correct,

6 modify, or remove the person's record in any database that the

7 Illinois State Police makes available to the National Instant

8 Criminal Background Check System and notify the United States

9 Attorney General that the basis for the record being made

10 available no longer applies. The Illinois State Police shall

11 adopt rules for the administration of this Section.

12 (g) Notwithstanding any other provision of this Act to the

13 contrary, on or after the effective date of this amendatory

14 Act of the 104th General Assembly, the Illinois State Police

15 may not revoke a Firearm Owner's Identification Card. On or

16 after the effective date of this amendatory Act of the 104th

17 General Assembly, a Firearm Owner's Identification Card may

18 only be revoked after a Firearm Owner's Identification Card

19 hearing has been held in the circuit court of the county of

20 residence of the person whose Firearm Owner's Identification

21 Card is sought to be revoked. If the State's Attorney of the

22 county of residence of the person whose Firearm Owner's

23 Identification Card is sought to be revoked has probable cause

24 to believe that the person who has been issued a Firearm

25 Owner's Identification Card is no longer eligible for the Card

26 under Section 8, the State's Attorney shall file a petition in

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1 the circuit court of the county of residence of the person

2 whose Card is sought to be revoked. At the hearing, the person

3 may present evidence in his or her favor seeking retention of

4 his or her Firearm Owner's Identification Card and the

5 Illinois State Police and State's Attorney may present

6 evidence for revocation. The hearing shall be a civil

7 proceeding and subject to due process, the Code of Civil

8 Procedure, and the Illinois Rules of Evidence as adopted by

9 the Supreme Court. The hearing shall be held within 45 days

10 after the filing of the petition. If the circuit court

11 determines, by clear and convincing evidence, that the person

12 is ineligible for retention of his or her Firearm Owner's

13 Identification Card under Section 8, the court shall order the

14 Illinois State Police to immediately revoke the Card and the

15 circuit clerk shall seize the Card and transmit the Card to the

16 Illinois State Police.

17 (Source: P.A. 103-605, eff. 7-1-24; 104-5, eff. 6-16-25;

18 104-270, eff. 8-15-25; revised 9-12-25.)