Rep. Maura Hirschauer
Filed: 3/19/2026
 
 

 
 

 
10400HB5209ham001LRB104 19512 BDA 34938 a

1
AMENDMENT TO HOUSE BILL 5209

2    AMENDMENT NO. ______. Amend House Bill 5209 by replacing 
3everything after the enacting clause with the following:
 
4    "Section 5. The Firearm Owners Identification Card Act is 
5amended by changing Sections 1.1 and 8 as follows:
 
6    (430 ILCS 65/1.1)
7    Sec. 1.1. For purposes of this Act:
8    "Addicted to narcotics" means a person who has been:
9        (1) convicted of an offense involving the use or 
10    possession of cannabis, a controlled substance, or 
11    methamphetamine within the past year; or
12        (2) determined by the Illinois State Police to be 
13    addicted to narcotics based upon federal law or federal 
14    guidelines. 
15    "Addicted to narcotics" does not include possession or use 
16of a prescribed controlled substance under the direction and 
 
 
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1authority of a physician or other person authorized to 
2prescribe the controlled substance when the controlled 
3substance is used in the prescribed manner.
4    "Adjudicated as a person with a mental disability" means 
5the person is the subject of a determination by a court, board, 
6commission or other lawful authority that the person, as a 
7result of marked subnormal intelligence, or mental illness, 
8mental impairment, incompetency, condition, or disease:
9        (1) presents a clear and present danger to himself, 
10    herself, or to others;
11        (2) lacks the mental capacity to manage his or her own 
12    affairs or is adjudicated a person with a disability as 
13    defined in Section 11a-2 of the Probate Act of 1975;
14        (3) is not guilty in a criminal case by reason of 
15    insanity, mental disease or defect;
16        (3.5) is guilty but mentally ill, as provided in 
17    Section 5-2-6 of the Unified Code of Corrections;
18        (4) is incompetent to stand trial in a criminal case;
19        (5) is not guilty by reason of lack of mental 
20    responsibility under Articles 50a and 72b of the Uniform 
21    Code of Military Justice, 10 U.S.C. 850a, 876b;
22        (6) is a sexually violent person under subsection (f) 
23    of Section 5 of the Sexually Violent Persons Commitment 
24    Act; 
25        (7) is a sexually dangerous person under the Sexually 
26    Dangerous Persons Act;
 
 
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1        (8) is unfit to stand trial under the Juvenile Court 
2    Act of 1987;
3        (9) is not guilty by reason of insanity under the 
4    Juvenile Court Act of 1987;
5        (10) is subject to involuntary admission as an 
6    inpatient as defined in Section 1-119 of the Mental Health 
7    and Developmental Disabilities Code;
8        (11) is subject to involuntary admission as an 
9    outpatient as defined in Section 1-119.1 of the Mental 
10    Health and Developmental Disabilities Code;
11        (12) is subject to judicial admission as set forth in 
12    Section 4-500 of the Mental Health and Developmental 
13    Disabilities Code; or
14        (13) is subject to the provisions of the Interstate 
15    Agreements on Sexually Dangerous Persons Act. 
16    "Advanced practice psychiatric nurse" has the meaning 
17ascribed to that term in Section 1-101.3 of the Mental Health 
18and Developmental Disabilities Code. 
19    "Clear and present danger" means a person who:
20        (1) communicates a serious threat of physical violence 
21    against a reasonably identifiable victim or poses a clear 
22    and imminent risk of serious physical injury to himself, 
23    herself, or another person as determined by a physician, 
24    clinical psychologist, advanced practice psychiatric 
25    nurse, or qualified examiner; or
26        (2) demonstrates threatening physical or verbal 
 
 
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1    behavior, such as violent, suicidal, or assaultive 
2    threats, actions, or other behavior, as determined by a 
3    physician, clinical psychologist, advanced practice 
4    psychiatric nurse, qualified examiner, school 
5    administrator, or law enforcement official.
6    "Clinical psychologist" has the meaning provided in 
7Section 1-103 of the Mental Health and Developmental 
8Disabilities Code.
9    "Collateral records" means (1) any medical records related 
10to the patient's current and past clinical or mental status 
11and history from the last 5 years from all current and prior 
12physicians, qualified examiners, or any other individuals who 
13provided health care services, as that term is defined in 
14Managed Care Reform and Patient Rights Act, to the patient and 
15(2) correspondence or other communication between the licensed 
16clinical mental health professional and the patient's current 
17and prior physicians, qualified examiners, or any other 
18individuals who provided health care services, as that term is 
19defined in Managed Care Reform and Patient Rights Act, to the 
20patient, if any.
21    "Controlled substance" means a controlled substance or 
22controlled substance analog as defined in the Illinois 
23Controlled Substances Act. 
24    "Counterfeit" means to copy or imitate, without legal 
25authority, with intent to deceive.
26    "Department-approved continuing education sponsor" means a 
 
 
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1person, firm, association, corporation, or any other group 
2which is approved by the Department of Financial and 
3Professional Regulation to coordinate and present continuing 
4education courses or programs.
5    "Developmental disability" means a severe, chronic 
6disability of an individual that:
7        (1) is attributable to a mental or physical impairment 
8    or combination of mental and physical impairments;
9        (2) is manifested before the individual attains age 
10    22;
11        (3) is likely to continue indefinitely;
12        (4) results in substantial functional limitations in 3 
13    or more of the following areas of major life activity:
14            (A) Self-care. 
15            (B) Receptive and expressive language. 
16            (C) Learning. 
17            (D) Mobility. 
18            (E) Self-direction. 
19            (F) Capacity for independent living. 
20            (G) Economic self-sufficiency; and
21        (5) reflects the individual's need for a combination 
22    and sequence of special, interdisciplinary, or generic 
23    services, individualized supports, or other forms of 
24    assistance that are of lifelong or extended duration and 
25    are individually planned and coordinated.
26    "Federally licensed firearm dealer" means a person who is 
 
 
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1licensed as a federal firearms dealer under Section 923 of the 
2federal Gun Control Act of 1968 (18 U.S.C. 923). 
3    "Firearm" means any device, by whatever name known, which 
4is designed to expel a projectile or projectiles by the action 
5of an explosion, expansion of gas or escape of gas; excluding, 
6however:
7        (1) any pneumatic gun, spring gun, paint ball gun, or 
8    B-B gun which expels a single globular projectile not 
9    exceeding .18 inch in diameter or which has a maximum 
10    muzzle velocity of less than 700 feet per second;
11        (1.1) any pneumatic gun, spring gun, paint ball gun, 
12    or B-B gun which expels breakable paint balls containing 
13    washable marking colors;
14        (2) any device used exclusively for signaling or 
15    safety and required or recommended by the United States 
16    Coast Guard or the Interstate Commerce Commission;
17        (3) any device used exclusively for the firing of stud 
18    cartridges, explosive rivets or similar industrial 
19    ammunition; and
20        (4) an antique firearm (other than a machine-gun) 
21    which, although designed as a weapon, the Illinois State 
22    Police finds by reason of the date of its manufacture, 
23    value, design, and other characteristics is primarily a 
24    collector's item and is not likely to be used as a weapon.
25    "Firearm ammunition" means any self-contained cartridge or 
26shotgun shell, by whatever name known, which is designed to be 
 
 
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1used or adaptable to use in a firearm; excluding, however:
2        (1) any ammunition exclusively designed for use with a 
3    device used exclusively for signaling or safety and 
4    required or recommended by the United States Coast Guard 
5    or the Interstate Commerce Commission; and
6        (2) any ammunition designed exclusively for use with a 
7    stud or rivet driver or other similar industrial 
8    ammunition.
9    "Gun show" means an event or function:
10        (1) at which the sale and transfer of firearms is the 
11    regular and normal course of business and where 50 or more 
12    firearms are displayed, offered, or exhibited for sale, 
13    transfer, or exchange; or
14        (2) at which not less than 10 gun show vendors 
15    display, offer, or exhibit for sale, sell, transfer, or 
16    exchange firearms. 
17    "Gun show" includes the entire premises provided for an 
18event or function, including parking areas for the event or 
19function, that is sponsored to facilitate the purchase, sale, 
20transfer, or exchange of firearms as described in this 
21Section. Nothing in this definition shall be construed to 
22exclude a gun show held in conjunction with competitive 
23shooting events at the World Shooting Complex sanctioned by a 
24national governing body in which the sale or transfer of 
25firearms is authorized under subparagraph (5) of paragraph (g) 
26of subsection (A) of Section 24-3 of the Criminal Code of 2012. 
 
 
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1    Unless otherwise expressly stated, "gun show" does not 
2include training or safety classes, competitive shooting 
3events, such as rifle, shotgun, or handgun matches, trap, 
4skeet, or sporting clays shoots, dinners, banquets, raffles, 
5or any other event where the sale or transfer of firearms is 
6not the primary course of business.
7    "Gun show promoter" means a person who organizes or 
8operates a gun show.
9    "Gun show vendor" means a person who exhibits, sells, 
10offers for sale, transfers, or exchanges any firearms at a gun 
11show, regardless of whether the person arranges with a gun 
12show promoter for a fixed location from which to exhibit, 
13sell, offer for sale, transfer, or exchange any firearm.
14    "Intellectual disability" means significantly subaverage 
15general intellectual functioning, existing concurrently with 
16deficits in adaptive behavior and manifested during the 
17developmental period, which is defined as before the age of 
1822, that adversely affects a child's educational performance.
19    "Involuntarily admitted" has the meaning as prescribed in 
20Sections 1-119 and 1-119.1 of the Mental Health and 
21Developmental Disabilities Code. 
22    "Licensed clinical mental health professional" means an 
23individual who (1) is a licensed marriage and family therapist 
24under the Marriage and Family Therapy Licensing Act, a 
25licensed clinical social worker under the Clinical Social Work 
26and Social Work Practice Act, a licensed clinical professional 
 
 
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1counselor under the Professional Counselor and Clinical 
2Professional Counselor Licensing Act, a clinical psychologist 
3under the Clinical Psychologist Licensing Act, or a physician 
4licensed to practice medicine in all its branches under the 
5Medical Practice Act of 1987 who is board-certified in 
6psychiatry by the American Board of Psychiatry and Neurology 
7or the American Osteopathic Board of Neurology and Psychiatry; 
8(2) has successfully completed at least 3 hours of continuing 
9education, provided by a Department-approved continuing 
10education sponsor, that included education regarding suicide 
11prevention and trauma evaluation; (3) has successfully 
12completed training provided by the Illinois Department of 
13Human Services Division of Mental Health Firearm Owners 
14Identification Mental Health Reporting Team on the issuance, 
15revocation, and reinstatement of Firearm Owners Identification 
16Cards under this Act; and (4) maintains a practice location 
17within the State of Illinois or is authorized to provide 
18telehealth services to Illinois residents in compliance with 
19Illinois law. An individual practicing in Illinois under 
20temporary practice authority, reciprocity provisions, 
21interstate compact provisions, or any other mechanism that 
22does not constitute full Illinois licensure shall not qualify 
23as a licensed clinical mental health professional for purposes 
24of this Act.
25    "Mental health evaluation" means a mental health 
26evaluation performed by a licensed clinical mental health 
 
 
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1professional during at least 2 office visits on separate, 
2nonconsecutive days. "Mental health evaluation" includes a 
3mental health evaluation that may require more than 2 office 
4visits, subject to the professional discretion of the 
5evaluating licensed clinical mental health professional.
6    "Mental health facility" means any licensed private 
7hospital or hospital affiliate, institution, or facility, or 
8part thereof, and any facility, or part thereof, operated by 
9the State or a political subdivision thereof which provides 
10treatment of persons with mental illness and includes all 
11hospitals, institutions, clinics, evaluation facilities, 
12mental health centers, colleges, universities, long-term care 
13facilities, and nursing homes, or parts thereof, which provide 
14treatment of persons with mental illness whether or not the 
15primary purpose is to provide treatment of persons with mental 
16illness. 
17    "National governing body" means a group of persons who 
18adopt rules and formulate policy on behalf of a national 
19firearm sporting organization. 
20    "Noncitizen" means a person who is not a citizen of the 
21United States, but is a person who is a foreign-born person who 
22lives in the United States, has not been naturalized, and is 
23still a citizen of a foreign country. 
24    "Patient" means:
25        (1) a person who is admitted as an inpatient or 
26    resident of a public or private mental health facility for 
 
 
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1    mental health treatment under Chapter III of the Mental 
2    Health and Developmental Disabilities Code as an informal 
3    admission, a voluntary admission, a minor admission, an 
4    emergency admission, or an involuntary admission, unless 
5    the treatment was solely for an alcohol abuse disorder; or
6        (2) a person who voluntarily or involuntarily receives 
7    mental health treatment as an out-patient or is otherwise 
8    provided services by a public or private mental health 
9    facility and who poses a clear and present danger to 
10    himself, herself, or others. 
11    "Physician" has the meaning as defined in Section 1-120 of 
12the Mental Health and Developmental Disabilities Code.
13    "Protective order" means any orders of protection issued 
14under the Illinois Domestic Violence Act of 1986, stalking no 
15contact orders issued under the Stalking No Contact Order Act, 
16civil no contact orders issued under the Civil No Contact 
17Order Act, and firearms restraining orders issued under the 
18Firearms Restraining Order Act or a substantially similar 
19order issued by the court of another state, tribe, or United 
20States territory or military judge.
21    "Qualified examiner" has the meaning provided in Section 
221-122 of the Mental Health and Developmental Disabilities 
23Code.
24    "Sanctioned competitive shooting event" means a shooting 
25contest officially recognized by a national or state shooting 
26sport association, and includes any sight-in or practice 
 
 
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1conducted in conjunction with the event. 
2    "School administrator" means the person required to report 
3under the School Administrator Reporting of Mental Health 
4Clear and Present Danger Determinations Law.
5    "Stun gun or taser" has the meaning ascribed to it in 
6Section 24-1 of the Criminal Code of 2012.
7(Source: P.A. 103-154, eff. 6-30-23; 103-407, eff. 7-28-23; 
8104-270, eff. 8-15-25.)
 
9    (430 ILCS 65/8)
10    Sec. 8. Grounds for denial and revocation. The Illinois 
11State Police has authority to deny an application for or to 
12revoke and seize a Firearm Owner's Identification Card 
13previously issued under this Act only if the Illinois State 
14Police finds that the applicant or the person to whom such card 
15was issued is or was at the time of issuance:
16        (a) A person under 21 years of age who has been 
17    convicted of a misdemeanor other than a traffic offense or 
18    adjudged delinquent;
19        (b) This subsection (b) applies through the 180th day 
20    following July 12, 2019 (the effective date of Public Act 
21    101-80). A person under 21 years of age who does not have 
22    the written consent of his parent or guardian to acquire 
23    and possess firearms and firearm ammunition, or whose 
24    parent or guardian has revoked such written consent, or 
25    where such parent or guardian does not qualify to have a 
 
 
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1    Firearm Owner's Identification Card;
2        (b-5) This subsection (b-5) applies on and after the 
3    181st day following July 12, 2019 (the effective date of 
4    Public Act 101-80). A person under 21 years of age who is 
5    not an active duty member of the United States Armed 
6    Forces or the Illinois National Guard and does not have 
7    the written consent of his or her parent or guardian to 
8    acquire and possess firearms and firearm ammunition, or 
9    whose parent or guardian has revoked such written consent, 
10    or where such parent or guardian does not qualify to have a 
11    Firearm Owner's Identification Card; 
12        (c) A person convicted of a felony under the laws of 
13    this or any other jurisdiction;
14        (d) A person addicted to narcotics;
15        (e) A person who has been a patient of a mental health 
16    facility within the past 5 years or a person who has been a 
17    patient in a mental health facility more than 5 years ago 
18    who has not received the certification required under 
19    subsection (u) of this Section. An active law enforcement 
20    officer employed by a unit of government or a Department 
21    of Corrections employee authorized to possess firearms who 
22    is denied, revoked, or has his or her Firearm Owner's 
23    Identification Card seized under this subsection (e) may 
24    obtain relief as described in subsection (c-5) of Section 
25    10 of this Act if the officer or employee did not act in a 
26    manner threatening to the officer or employee, another 
 
 
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1    person, or the public as determined by the treating 
2    clinical psychologist or physician, and the officer or 
3    employee seeks mental health treatment;
4        (f) A person whose mental condition is of such a 
5    nature that it poses a clear and present danger to the 
6    applicant, any other person or persons, or the community;
7        (g) A person who has an intellectual disability;
8        (h) A person who intentionally makes a false statement 
9    in the Firearm Owner's Identification Card application or 
10    endorsement affidavit;
11        (i) A noncitizen who is unlawfully present in the 
12    United States under the laws of the United States;
13        (i-5) A noncitizen who has been admitted to the United 
14    States under a non-immigrant visa (as that term is defined 
15    in Section 101(a)(26) of the Immigration and Nationality 
16    Act (8 U.S.C. 1101(a)(26))), except that this subsection 
17    (i-5) does not apply to any noncitizen who has been 
18    lawfully admitted to the United States under a 
19    non-immigrant visa if that noncitizen is:
20            (1) admitted to the United States for lawful 
21        hunting or sporting purposes;
22            (2) an official representative of a foreign 
23        government who is:
24                (A) accredited to the United States Government 
25            or the Government's mission to an international 
26            organization having its headquarters in the United 
 
 
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1            States; or
2                (B) en route to or from another country to 
3            which that noncitizen is accredited;
4            (3) an official of a foreign government or 
5        distinguished foreign visitor who has been so 
6        designated by the Department of State;
7            (4) a foreign law enforcement officer of a 
8        friendly foreign government entering the United States 
9        on official business; or
10            (5) one who has received a waiver from the 
11        Attorney General of the United States pursuant to 18 
12        U.S.C. 922(y)(3);
13        (j) (Blank);
14        (k) A person who has been convicted within the past 5 
15    years of battery, assault, aggravated assault, violation 
16    of an order of protection, or a substantially similar 
17    offense in another jurisdiction, in which a firearm was 
18    used or possessed;
19        (l) A person who has been convicted of domestic 
20    battery, aggravated domestic battery, or a substantially 
21    similar offense in another jurisdiction committed before, 
22    on or after January 1, 2012 (the effective date of Public 
23    Act 97-158). If the applicant or person who has been 
24    previously issued a Firearm Owner's Identification Card 
25    under this Act knowingly and intelligently waives the 
26    right to have an offense described in this paragraph (l) 
 
 
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1    tried by a jury, and by guilty plea or otherwise, results 
2    in a conviction for an offense in which a domestic 
3    relationship is not a required element of the offense but 
4    in which a determination of the applicability of 18 U.S.C. 
5    922(g)(9) is made under Section 112A-11.1 of the Code of 
6    Criminal Procedure of 1963, an entry by the court of a 
7    judgment of conviction for that offense shall be grounds 
8    for denying an application for and for revoking and 
9    seizing a Firearm Owner's Identification Card previously 
10    issued to the person under this Act;
11        (m) (Blank);
12        (n) A person who is prohibited from acquiring or 
13    possessing firearms or firearm ammunition by any Illinois 
14    State statute or by federal law;
15        (o) A minor subject to a petition filed under Section 
16    5-520 of the Juvenile Court Act of 1987 alleging that the 
17    minor is a delinquent minor for the commission of an 
18    offense that if committed by an adult would be a felony; 
19        (p) An adult who had been adjudicated a delinquent 
20    minor under the Juvenile Court Act of 1987 for the 
21    commission of an offense that if committed by an adult 
22    would be a felony;
23        (q) A person who is not a resident of the State of 
24    Illinois, except as provided in subsection (a-10) of 
25    Section 4; 
26        (r) A person who has been adjudicated as a person with 
 
 
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1    a mental disability; 
2        (s) A person who has been found to have a 
3    developmental disability; 
4        (t) A person involuntarily admitted into a mental 
5    health facility; 
6        (u) A person who has had his or her Firearm Owner's 
7    Identification Card revoked or denied under subsection (e) 
8    of this Section or item (iv) of paragraph (2) of 
9    subsection (a) of Section 4 of this Act because he or she 
10    was a patient in a mental health facility as provided in 
11    subsection (e) of this Section, shall not be permitted to 
12    obtain a Firearm Owner's Identification Card, after the 
13    5-year period has lapsed, unless he or she has received a 
14    mental health evaluation by a licensed clinical mental 
15    health professional physician, clinical psychologist, 
16    advanced practice psychiatric nurse, or qualified examiner 
17    as those terms are defined in the Mental Health and 
18    Developmental Disabilities Code, and has received a 
19    certification that he or she is not a clear and present 
20    danger to himself, herself, or others. The person 
21    receiving a mental health evaluation shall provide, or 
22    approve the sharing of, all collateral records to the 
23    licensed clinical mental health professional making the 
24    certification, and the person shall attest, by signature, 
25    that all collateral records have been provided to the 
26    licensed clinical mental health professional before the 
 
 
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1    mental health evaluation. The licensed clinical mental 
2    health professional, as part of the certification, shall 
3    attest that the licensed clinical mental health 
4    professional has requested, received, reviewed, and 
5    considered all of the person's collateral records known to 
6    the licensed clinical mental health professional in making 
7    the determination that the person is not a clear and 
8    present danger to self or others. In addition, the 
9    licensed clinical mental health professional shall 
10    identify the types of collateral records received. If no 
11    collateral records are obtained, the licensed clinical 
12    mental health professional must document the efforts used 
13    to obtain the collateral records. The licensed clinical 
14    mental health professional physician, clinical 
15    psychologist, advanced practice psychiatric nurse, or 
16    qualified examiner making the certification and his or her 
17    employer shall not be held criminally, civilly, or 
18    professionally liable for making or not making the 
19    certification required under this subsection, except for 
20    willful or wanton misconduct. This subsection does not 
21    apply to a person whose firearm possession rights have 
22    been restored through administrative or judicial action 
23    under Section 10 or 11 of this Act. The results of all 
24    mental health evaluations that are performed under this 
25    subsection (u) on or after the effective date of this 
26    amendatory Act of the 104th General Assembly shall be 
 
 
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1    transmitted to the Illinois State Police. A licensed 
2    clinical mental health professional who complies with the 
3    requirements of this subsection and documents reasonable 
4    attempts to obtain collateral records shall not be subject 
5    to professional discipline, civil liability, or criminal 
6    liability based on: (1) the person's failure to disclose 
7    all treatment history; (2) the existence of collateral 
8    records that were not identified by the person and not 
9    discovered through the licensed clinical mental health 
10    professional's documented reasonable attempts; or (3) the 
11    licensed clinical mental health professional's 
12    determination that was made in good faith based on 
13    information available at the time of the evaluation, even 
14    if additional records are later discovered. This liability 
15    protection shall not apply in cases of willful or wanton 
16    misconduct; or
17        (v) A person who fails 2 or more times to report a loss 
18    or theft of a firearm within 48 hours of the discovery of 
19    such loss or theft to local law enforcement as required 
20    under subsection (a) of Section 24-4.1 of the Criminal 
21    Code of 2012. 
22    Upon revocation of a person's Firearm Owner's 
23Identification Card, the Illinois State Police shall provide 
24notice to the person and the person shall comply with Section 
259.5 of this Act. 
26(Source: P.A. 104-31, eff. 1-1-26; 104-270, eff. 8-15-25; 
 
 
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1revised 11-21-25.)".