103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB4744
 
Introduced , by Rep. Laura Faver Dias
 
SYNOPSIS AS INTRODUCED:

5 ILCS 140/7
430 ILCS 65/14.1 new
430 ILCS 65/14.2 new
430 ILCS 65/14.3 new
430 ILCS 65/14.4 new
430 ILCS 68/5-20
 Provides that the Act may be referred to as the Voluntary Do Not Sell Firearms Act. Amends the Firearm Owners Identification Card Act. Provides that a person may voluntarily waive his or her firearm rights by filing a voluntary waiver, in a form determined by the Illinois State Police, with the clerk of a circuit court. Provides that the person shall also surrender any current Firearm Owner's Identification Card or concealed carry license that has been issued to the person. Provides that the clerk of the circuit court must request a physical or scanned copy of photo identification to verify the person's identity prior to accepting the form. Provides that the person filing the form may provide the name of a family member, mental health professional, substance use disorder professional, or other person to be contacted if the filer attempts to purchase a firearm while the voluntary waiver of firearm rights is in effect or if the filer applies to have the voluntary waiver revoked. Provides that a person who has filed a voluntary waiver of firearm rights may file a revocation of the voluntary waiver if at least 7 calendar days have passed since the voluntary waiver was initially filed. Provides that a person who knowingly makes a false statement regarding the person's identity on the voluntary waiver of firearm rights form or revocation of waiver of firearm rights form is guilty of a Class 2 felony. Provides that the Illinois State Police shall develop a voluntary waiver of firearm rights form, a revocation of voluntary waiver of firearm rights form, and instructions for the surrender of firearms. Provides that records produced pursuant to the amendatory Act are not subject to disclosure as public records under the Freedom of Information Act. Amends the Freedom of Information Act and the Firearm Dealer License Certification Act to make conforming changes. Effective immediately.


LRB103 37202 RLC 67321 b


 
 
A BILL FOR
 
HB4744LRB103 37202 RLC 67321 b


1 AN ACT concerning safety.

2 Be it enacted by the People of the State of Illinois, 
3represented in the General Assembly:

4 Section 1. This Act may be referred to as the Voluntary Do 
5Not Sell Firearms Act.

6 Section 5. The Freedom of Information Act is amended by 
7changing Section 7 as follows:

8 (5 ILCS 140/7)
9 Sec. 7. Exemptions. 
10 (1) When a request is made to inspect or copy a public 
11record that contains information that is exempt from 
12disclosure under this Section, but also contains information 
13that is not exempt from disclosure, the public body may elect 
14to redact the information that is exempt. The public body 
15shall make the remaining information available for inspection 
16and copying. Subject to this requirement, the following shall 
17be exempt from inspection and copying: 
18  (a) Information specifically prohibited from 
19 disclosure by federal or State law or rules and 
20 regulations implementing federal or State law. 
21  (b) Private information, unless disclosure is required 
22 by another provision of this Act, a State or federal law, 
 
 
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1 or a court order. 
2  (b-5) Files, documents, and other data or databases 
3 maintained by one or more law enforcement agencies and 
4 specifically designed to provide information to one or 
5 more law enforcement agencies regarding the physical or 
6 mental status of one or more individual subjects. 
7  (c) Personal information contained within public 
8 records, the disclosure of which would constitute a 
9 clearly unwarranted invasion of personal privacy, unless 
10 the disclosure is consented to in writing by the 
11 individual subjects of the information. "Unwarranted 
12 invasion of personal privacy" means the disclosure of 
13 information that is highly personal or objectionable to a 
14 reasonable person and in which the subject's right to 
15 privacy outweighs any legitimate public interest in 
16 obtaining the information. The disclosure of information 
17 that bears on the public duties of public employees and 
18 officials shall not be considered an invasion of personal 
19 privacy. 
20  (d) Records in the possession of any public body 
21 created in the course of administrative enforcement 
22 proceedings, and any law enforcement or correctional 
23 agency for law enforcement purposes, but only to the 
24 extent that disclosure would: 
25   (i) interfere with pending or actually and 
26 reasonably contemplated law enforcement proceedings 
 
 
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1 conducted by any law enforcement or correctional 
2 agency that is the recipient of the request; 
3   (ii) interfere with active administrative 
4 enforcement proceedings conducted by the public body 
5 that is the recipient of the request; 
6   (iii) create a substantial likelihood that a 
7 person will be deprived of a fair trial or an impartial 
8 hearing; 
9   (iv) unavoidably disclose the identity of a 
10 confidential source, confidential information 
11 furnished only by the confidential source, or persons 
12 who file complaints with or provide information to 
13 administrative, investigative, law enforcement, or 
14 penal agencies; except that the identities of 
15 witnesses to traffic crashes, traffic crash reports, 
16 and rescue reports shall be provided by agencies of 
17 local government, except when disclosure would 
18 interfere with an active criminal investigation 
19 conducted by the agency that is the recipient of the 
20 request; 
21   (v) disclose unique or specialized investigative 
22 techniques other than those generally used and known 
23 or disclose internal documents of correctional 
24 agencies related to detection, observation, or 
25 investigation of incidents of crime or misconduct, and 
26 disclosure would result in demonstrable harm to the 
 
 
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1 agency or public body that is the recipient of the 
2 request; 
3   (vi) endanger the life or physical safety of law 
4 enforcement personnel or any other person; or 
5   (vii) obstruct an ongoing criminal investigation 
6 by the agency that is the recipient of the request. 
7  (d-5) A law enforcement record created for law 
8 enforcement purposes and contained in a shared electronic 
9 record management system if the law enforcement agency 
10 that is the recipient of the request did not create the 
11 record, did not participate in or have a role in any of the 
12 events which are the subject of the record, and only has 
13 access to the record through the shared electronic record 
14 management system. 
15  (d-6) Records contained in the Officer Professional 
16 Conduct Database under Section 9.2 of the Illinois Police 
17 Training Act, except to the extent authorized under that 
18 Section. This includes the documents supplied to the 
19 Illinois Law Enforcement Training Standards Board from the 
20 Illinois State Police and Illinois State Police Merit 
21 Board. 
22  (d-7) Information gathered or records created from the 
23 use of automatic license plate readers in connection with 
24 Section 2-130 of the Illinois Vehicle Code. 
25  (e) Records that relate to or affect the security of 
26 correctional institutions and detention facilities. 
 
 
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1  (e-5) Records requested by persons committed to the 
2 Department of Corrections, Department of Human Services 
3 Division of Mental Health, or a county jail if those 
4 materials are available in the library of the correctional 
5 institution or facility or jail where the inmate is 
6 confined. 
7  (e-6) Records requested by persons committed to the 
8 Department of Corrections, Department of Human Services 
9 Division of Mental Health, or a county jail if those 
10 materials include records from staff members' personnel 
11 files, staff rosters, or other staffing assignment 
12 information. 
13  (e-7) Records requested by persons committed to the 
14 Department of Corrections or Department of Human Services 
15 Division of Mental Health if those materials are available 
16 through an administrative request to the Department of 
17 Corrections or Department of Human Services Division of 
18 Mental Health. 
19  (e-8) Records requested by a person committed to the 
20 Department of Corrections, Department of Human Services 
21 Division of Mental Health, or a county jail, the 
22 disclosure of which would result in the risk of harm to any 
23 person or the risk of an escape from a jail or correctional 
24 institution or facility.
25  (e-9) Records requested by a person in a county jail 
26 or committed to the Department of Corrections or 
 
 
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1 Department of Human Services Division of Mental Health, 
2 containing personal information pertaining to the person's 
3 victim or the victim's family, including, but not limited 
4 to, a victim's home address, home telephone number, work 
5 or school address, work telephone number, social security 
6 number, or any other identifying information, except as 
7 may be relevant to a requester's current or potential case 
8 or claim. 
9  (e-10) Law enforcement records of other persons 
10 requested by a person committed to the Department of 
11 Corrections, Department of Human Services Division of 
12 Mental Health, or a county jail, including, but not 
13 limited to, arrest and booking records, mug shots, and 
14 crime scene photographs, except as these records may be 
15 relevant to the requester's current or potential case or 
16 claim. 
17  (f) Preliminary drafts, notes, recommendations, 
18 memoranda, and other records in which opinions are 
19 expressed, or policies or actions are formulated, except 
20 that a specific record or relevant portion of a record 
21 shall not be exempt when the record is publicly cited and 
22 identified by the head of the public body. The exemption 
23 provided in this paragraph (f) extends to all those 
24 records of officers and agencies of the General Assembly 
25 that pertain to the preparation of legislative documents. 
26  (g) Trade secrets and commercial or financial 
 
 
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1 information obtained from a person or business where the 
2 trade secrets or commercial or financial information are 
3 furnished under a claim that they are proprietary, 
4 privileged, or confidential, and that disclosure of the 
5 trade secrets or commercial or financial information would 
6 cause competitive harm to the person or business, and only 
7 insofar as the claim directly applies to the records 
8 requested.
9  The information included under this exemption includes 
10 all trade secrets and commercial or financial information 
11 obtained by a public body, including a public pension 
12 fund, from a private equity fund or a privately held 
13 company within the investment portfolio of a private 
14 equity fund as a result of either investing or evaluating 
15 a potential investment of public funds in a private equity 
16 fund. The exemption contained in this item does not apply 
17 to the aggregate financial performance information of a 
18 private equity fund, nor to the identity of the fund's 
19 managers or general partners. The exemption contained in 
20 this item does not apply to the identity of a privately 
21 held company within the investment portfolio of a private 
22 equity fund, unless the disclosure of the identity of a 
23 privately held company may cause competitive harm.
24  Nothing contained in this paragraph (g) shall be 
25 construed to prevent a person or business from consenting 
26 to disclosure. 
 
 
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1  (h) Proposals and bids for any contract, grant, or 
2 agreement, including information which if it were 
3 disclosed would frustrate procurement or give an advantage 
4 to any person proposing to enter into a contractor 
5 agreement with the body, until an award or final selection 
6 is made. Information prepared by or for the body in 
7 preparation of a bid solicitation shall be exempt until an 
8 award or final selection is made. 
9  (i) Valuable formulae, computer geographic systems, 
10 designs, drawings, and research data obtained or produced 
11 by any public body when disclosure could reasonably be 
12 expected to produce private gain or public loss. The 
13 exemption for "computer geographic systems" provided in 
14 this paragraph (i) does not extend to requests made by 
15 news media as defined in Section 2 of this Act when the 
16 requested information is not otherwise exempt and the only 
17 purpose of the request is to access and disseminate 
18 information regarding the health, safety, welfare, or 
19 legal rights of the general public. 
20  (j) The following information pertaining to 
21 educational matters:
22   (i) test questions, scoring keys, and other 
23 examination data used to administer an academic 
24 examination; 
25   (ii) information received by a primary or 
26 secondary school, college, or university under its 
 
 
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1 procedures for the evaluation of faculty members by 
2 their academic peers; 
3   (iii) information concerning a school or 
4 university's adjudication of student disciplinary 
5 cases, but only to the extent that disclosure would 
6 unavoidably reveal the identity of the student; and
7   (iv) course materials or research materials used 
8 by faculty members. 
9  (k) Architects' plans, engineers' technical 
10 submissions, and other construction related technical 
11 documents for projects not constructed or developed in 
12 whole or in part with public funds and the same for 
13 projects constructed or developed with public funds, 
14 including, but not limited to, power generating and 
15 distribution stations and other transmission and 
16 distribution facilities, water treatment facilities, 
17 airport facilities, sport stadiums, convention centers, 
18 and all government owned, operated, or occupied buildings, 
19 but only to the extent that disclosure would compromise 
20 security. 
21  (l) Minutes of meetings of public bodies closed to the 
22 public as provided in the Open Meetings Act until the 
23 public body makes the minutes available to the public 
24 under Section 2.06 of the Open Meetings Act. 
25  (m) Communications between a public body and an 
26 attorney or auditor representing the public body that 
 
 
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1 would not be subject to discovery in litigation, and 
2 materials prepared or compiled by or for a public body in 
3 anticipation of a criminal, civil, or administrative 
4 proceeding upon the request of an attorney advising the 
5 public body, and materials prepared or compiled with 
6 respect to internal audits of public bodies. 
7  (n) Records relating to a public body's adjudication 
8 of employee grievances or disciplinary cases; however, 
9 this exemption shall not extend to the final outcome of 
10 cases in which discipline is imposed. 
11  (o) Administrative or technical information associated 
12 with automated data processing operations, including, but 
13 not limited to, software, operating protocols, computer 
14 program abstracts, file layouts, source listings, object 
15 modules, load modules, user guides, documentation 
16 pertaining to all logical and physical design of 
17 computerized systems, employee manuals, and any other 
18 information that, if disclosed, would jeopardize the 
19 security of the system or its data or the security of 
20 materials exempt under this Section. 
21  (p) Records relating to collective negotiating matters 
22 between public bodies and their employees or 
23 representatives, except that any final contract or 
24 agreement shall be subject to inspection and copying. 
25  (q) Test questions, scoring keys, and other 
26 examination data used to determine the qualifications of 
 
 
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1 an applicant for a license or employment. 
2  (r) The records, documents, and information relating 
3 to real estate purchase negotiations until those 
4 negotiations have been completed or otherwise terminated. 
5 With regard to a parcel involved in a pending or actually 
6 and reasonably contemplated eminent domain proceeding 
7 under the Eminent Domain Act, records, documents, and 
8 information relating to that parcel shall be exempt except 
9 as may be allowed under discovery rules adopted by the 
10 Illinois Supreme Court. The records, documents, and 
11 information relating to a real estate sale shall be exempt 
12 until a sale is consummated. 
13  (s) Any and all proprietary information and records 
14 related to the operation of an intergovernmental risk 
15 management association or self-insurance pool or jointly 
16 self-administered health and accident cooperative or pool. 
17 Insurance or self-insurance (including any 
18 intergovernmental risk management association or 
19 self-insurance pool) claims, loss or risk management 
20 information, records, data, advice, or communications. 
21  (t) Information contained in or related to 
22 examination, operating, or condition reports prepared by, 
23 on behalf of, or for the use of a public body responsible 
24 for the regulation or supervision of financial 
25 institutions, insurance companies, or pharmacy benefit 
26 managers, unless disclosure is otherwise required by State 
 
 
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1 law. 
2  (u) Information that would disclose or might lead to 
3 the disclosure of secret or confidential information, 
4 codes, algorithms, programs, or private keys intended to 
5 be used to create electronic signatures under the Uniform 
6 Electronic Transactions Act. 
7  (v) Vulnerability assessments, security measures, and 
8 response policies or plans that are designed to identify, 
9 prevent, or respond to potential attacks upon a 
10 community's population or systems, facilities, or 
11 installations, but only to the extent that disclosure 
12 could reasonably be expected to expose the vulnerability 
13 or jeopardize the effectiveness of the measures, policies, 
14 or plans, or the safety of the personnel who implement 
15 them or the public. Information exempt under this item may 
16 include such things as details pertaining to the 
17 mobilization or deployment of personnel or equipment, to 
18 the operation of communication systems or protocols, to 
19 cybersecurity vulnerabilities, or to tactical operations. 
20  (w) (Blank). 
21  (x) Maps and other records regarding the location or 
22 security of generation, transmission, distribution, 
23 storage, gathering, treatment, or switching facilities 
24 owned by a utility, by a power generator, or by the 
25 Illinois Power Agency. 
26  (y) Information contained in or related to proposals, 
 
 
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1 bids, or negotiations related to electric power 
2 procurement under Section 1-75 of the Illinois Power 
3 Agency Act and Section 16-111.5 of the Public Utilities 
4 Act that is determined to be confidential and proprietary 
5 by the Illinois Power Agency or by the Illinois Commerce 
6 Commission. 
7  (z) Information about students exempted from 
8 disclosure under Section 10-20.38 or 34-18.29 of the 
9 School Code, and information about undergraduate students 
10 enrolled at an institution of higher education exempted 
11 from disclosure under Section 25 of the Illinois Credit 
12 Card Marketing Act of 2009. 
13  (aa) Information the disclosure of which is exempted 
14 under the Viatical Settlements Act of 2009. 
15  (bb) Records and information provided to a mortality 
16 review team and records maintained by a mortality review 
17 team appointed under the Department of Juvenile Justice 
18 Mortality Review Team Act. 
19  (cc) Information regarding interments, entombments, or 
20 inurnments of human remains that are submitted to the 
21 Cemetery Oversight Database under the Cemetery Care Act or 
22 the Cemetery Oversight Act, whichever is applicable.
23  (dd) Correspondence and records (i) that may not be 
24 disclosed under Section 11-9 of the Illinois Public Aid 
25 Code or (ii) that pertain to appeals under Section 11-8 of 
26 the Illinois Public Aid Code. 
 
 
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1  (ee) The names, addresses, or other personal 
2 information of persons who are minors and are also 
3 participants and registrants in programs of park 
4 districts, forest preserve districts, conservation 
5 districts, recreation agencies, and special recreation 
6 associations.
7  (ff) The names, addresses, or other personal 
8 information of participants and registrants in programs of 
9 park districts, forest preserve districts, conservation 
10 districts, recreation agencies, and special recreation 
11 associations where such programs are targeted primarily to 
12 minors.
13  (gg) Confidential information described in Section 
14 1-100 of the Illinois Independent Tax Tribunal Act of 
15 2012. 
16  (hh) The report submitted to the State Board of 
17 Education by the School Security and Standards Task Force 
18 under item (8) of subsection (d) of Section 2-3.160 of the 
19 School Code and any information contained in that report. 
20  (ii) Records requested by persons committed to or 
21 detained by the Department of Human Services under the 
22 Sexually Violent Persons Commitment Act or committed to 
23 the Department of Corrections under the Sexually Dangerous 
24 Persons Act if those materials: (i) are available in the 
25 library of the facility where the individual is confined; 
26 (ii) include records from staff members' personnel files, 
 
 
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1 staff rosters, or other staffing assignment information; 
2 or (iii) are available through an administrative request 
3 to the Department of Human Services or the Department of 
4 Corrections.
5  (jj) Confidential information described in Section 
6 5-535 of the Civil Administrative Code of Illinois. 
7  (kk) The public body's credit card numbers, debit card 
8 numbers, bank account numbers, Federal Employer 
9 Identification Number, security code numbers, passwords, 
10 and similar account information, the disclosure of which 
11 could result in identity theft or impression or defrauding 
12 of a governmental entity or a person. 
13  (ll) Records concerning the work of the threat 
14 assessment team of a school district, including, but not 
15 limited to, any threat assessment procedure under the 
16 School Safety Drill Act and any information contained in 
17 the procedure.
18  (mm) Information prohibited from being disclosed under 
19 subsections (a) and (b) of Section 15 of the Student 
20 Confidential Reporting Act. 
21  (nn) Proprietary information submitted to the 
22 Environmental Protection Agency under the Drug Take-Back 
23 Act. 
24  (oo) Records described in subsection (f) of Section 
25 3-5-1 of the Unified Code of Corrections. 
26  (pp) Any and all information regarding burials, 
 
 
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1 interments, or entombments of human remains as required to 
2 be reported to the Department of Natural Resources 
3 pursuant either to the Archaeological and Paleontological 
4 Resources Protection Act or the Human Remains Protection 
5 Act.
6  (qq) (pp) Reports described in subsection (e) of 
7 Section 16-15 of the Abortion Care Clinical Training 
8 Program Act. 
9  (rr) (pp) Information obtained by a certified local 
10 health department under the Access to Public Health Data 
11 Act. 
12  (ss) (pp) For a request directed to a public body that 
13 is also a HIPAA-covered entity, all information that is 
14 protected health information, including demographic 
15 information, that may be contained within or extracted 
16 from any record held by the public body in compliance with 
17 State and federal medical privacy laws and regulations, 
18 including, but not limited to, the Health Insurance 
19 Portability and Accountability Act and its regulations, 45 
20 CFR Parts 160 and 164. As used in this paragraph, 
21 "HIPAA-covered entity" has the meaning given to the term 
22 "covered entity" in 45 CFR 160.103 and "protected health 
23 information" has the meaning given to that term in 45 CFR 
24 160.103. 
25  (tt) Records produced pursuant to Sections 14.1, 14.2, 
26 14.3, and 14.4 of the Firearm Owners Identification Card 
 
 
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1 Act. 
2 (1.5) Any information exempt from disclosure under the 
3Judicial Privacy Act shall be redacted from public records 
4prior to disclosure under this Act. 
5 (2) A public record that is not in the possession of a 
6public body but is in the possession of a party with whom the 
7agency has contracted to perform a governmental function on 
8behalf of the public body, and that directly relates to the 
9governmental function and is not otherwise exempt under this 
10Act, shall be considered a public record of the public body, 
11for purposes of this Act. 
12 (3) This Section does not authorize withholding of 
13information or limit the availability of records to the 
14public, except as stated in this Section or otherwise provided 
15in this Act. 
16(Source: P.A. 102-38, eff. 6-25-21; 102-558, eff. 8-20-21; 
17102-694, eff. 1-7-22; 102-752, eff. 5-6-22; 102-753, eff. 
181-1-23; 102-776, eff. 1-1-23; 102-791, eff. 5-13-22; 102-982, 
19eff. 7-1-23; 102-1055, eff. 6-10-22; 103-154, eff. 6-30-23; 
20103-423, eff. 1-1-24; 103-446, eff. 8-4-23; 103-462, eff. 
218-4-23; 103-540, eff. 1-1-24; 103-554, eff. 1-1-24; revised 
229-7-23.)

23 Section 10. The Firearm Owners Identification Card Act is 
24amended by adding Sections 14.1, 14.2, 14.3, and 14.4 as 
25follows:

 
 
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1 (430 ILCS 65/14.1 new)
2 Sec. 14.1. Voluntary waiver of firearm rights. 
3 (a) A person may voluntarily waive his or her firearm 
4rights by filing a voluntary waiver, in a form determined by 
5the Illinois State Police, with the clerk of a circuit court. 
6The person shall also surrender any current Firearm Owner's 
7Identification Card issued under this Act or concealed carry 
8license issued under the Firearm Concealed Carry Act that has 
9been issued to the person.
10 (b) The clerk of the circuit court must request a physical 
11or scanned copy of photo identification to verify the person's 
12identity prior to accepting the form.
13 (c) The person filing the form may provide the name of a 
14family member, mental health professional, substance use 
15disorder professional, or other person to be contacted if the 
16filer attempts to purchase a firearm while the voluntary 
17waiver of firearm rights is in effect or if the filer applies 
18to have the voluntary waiver revoked.
19 (d) The clerk of the circuit court must immediately give 
20notice to the person filing the form and any listed family 
21member, mental health professional, substance use disorder 
22professional, or other person if the filer's voluntary waiver 
23of firearm rights has been accepted. The notice shall state: 
24"Because you have filed this voluntary waiver of firearm 
25rights, you may not purchase, receive, control, or possess any 
 
 
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1firearm. You must immediately surrender any current Firearm 
2Owner's Identification Card or concealed carry license that 
3has been issued to you. Any firearms in your possession must be 
4surrendered. You may revoke this voluntary waiver of firearm 
5rights any time after at least 7 calendar days have elapsed 
6since the time of filing." The notice shall also include 
7instructions on the surrendering of firearms in a form 
8determined by the Illinois State Police.
9 (e) By the end of the business day, the clerk of the 
10circuit court must transmit the accepted form to the Illinois 
11State Police. The Illinois State Police must enter the 
12voluntary waiver of firearm rights into the national instant 
13criminal background check system and any other federal or 
14State computer-based systems used by law enforcement agencies 
15or others to identify prohibited purchasers of firearms within 
1624 hours of receipt of the form. Copies and records of the 
17voluntary waiver of firearm rights shall not be disclosed 
18except to law enforcement agencies. The Illinois State Police 
19shall also temporarily suspend any Firearm Owner's 
20Identification Card issued under this Act or concealed carry 
21license issued under the Firearm Concealed Carry Act.
22 (f) A filer of a voluntary waiver of firearm rights may 
23update the contact information for any family member, mental 
24health professional, substance use disorder professional, or 
25other person listed in the voluntary waiver by making an 
26electronic or written request to the clerk of the same circuit 
 
 
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1court with which the voluntary waiver of firearm rights was 
2filed. The clerk of the circuit court must:
3  (A) request a physical or scanned copy of photo 
4 identification to verify the person's identity prior to 
5 updating the contact information on the form; and
6  (B) by the end of the business day, transmit the 
7 updated contact information to the Illinois State Police.
8 (g) A person who knowingly makes a false statement 
9regarding the person's identity on the voluntary waiver of 
10firearm rights form or revocation of waiver of firearm rights 
11form is guilty of a Class 2 felony.

12 (430 ILCS 65/14.2 new)
13 Sec. 14.2. Revocation of voluntary waiver of firearm 
14rights. 
15 (a) A person who has filed a voluntary waiver of firearm 
16rights may file a revocation of the voluntary waiver if at 
17least 7 calendar days have passed since the voluntary waiver 
18was initially filed.
19 (b) The revocation shall be filed in the same county where 
20the voluntary waiver of firearm rights was filed.
21 (c) The clerk of the circuit court must request a physical 
22or scanned copy of photo identification to verify the person's 
23identity prior to accepting the form.
24 (d) By the end of the business day, the clerk of the 
25circuit court must transmit the form to the Illinois State 
 
 
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1Police and to any family member, mental health professional, 
2substance use disorder professional, or other person listed on 
3the voluntary waiver of firearm rights.
4 (e) Within 7 days of receiving a revocation of a voluntary 
5waiver of firearm rights, the Illinois State Police shall:
6  (1) remove the person from the national instant 
7 criminal background check system, and any other federal or 
8 State computer-based systems used by law enforcement 
9 agencies or others to identify prohibited purchasers of 
10 firearms in which the person was entered, unless the 
11 person is otherwise ineligible to possess a firearm, and 
12 destroy all records of the voluntary waiver; and
13  (2) restore any Firearm Owner's Identification Card 
14 issued under this Act or concealed carry license issued 
15 under the Firearm Concealed Carry Act that had been 
16 suspended, and re-issue any such Firearm Owner's 
17 Identification Card or concealed carry license.

18 (430 ILCS 65/14.3 new)
19 Sec. 14.3. Voluntary waiver of firearm rights. Records 
20produced pursuant to this amendatory Act of the 103rd General 
21Assembly are not subject to disclosure as public records under 
22the Freedom of Information Act.

23 (430 ILCS 65/14.4 new)
24 Sec. 14.4. Forms for voluntary waiver of firearm rights. 
 
 
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1 (a) The Illinois State Police shall develop a voluntary 
2waiver of firearm rights form, a revocation of voluntary 
3waiver of firearm rights form, and instructions for the 
4surrender of firearms.
5 (b) The voluntary waiver of firearm rights form and 
6revocation of voluntary waiver of firearm rights forms must 
7include all information necessary for identification and entry 
8of the person into the national instant criminal background 
9check system, and any other federal or State computer-based 
10systems used by law enforcement agencies or others to identify 
11prohibited purchasers of firearms.
12 (c) The voluntary waiver of firearm rights form must 
13include the following language: "Because you are filing a 
14voluntary waiver of firearm rights, you will not be able to 
15purchase, receive, control, or possess any firearm. You will 
16be required to surrender any current Firearm Owner's 
17Identification Card or concealed carry license that has been 
18issued to you. Any firearms in your possession will also need 
19to be surrendered. You may revoke a voluntary waiver of 
20firearm rights any time after at least 7 calendar days have 
21elapsed since the time of filing."
22 (d) The instructions for the surrender of firearms must 
23provide instructions on the proper process for the 
24surrendering of firearms during the period of the voluntary 
25waiver of firearm rights.
26 (e) The voluntary waiver of firearm rights form, a 
 
 
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1revocation of voluntary waiver of firearm rights form, and 
2instructions for the surrender of firearms must be made 
3available on the Illinois State Police website, the Illinois 
4Courts website, and at all circuit court clerk offices.

5 Section 15. The Firearm Dealer License Certification Act 
6is amended by changing Section 5-20 as follows:

7 (430 ILCS 68/5-20)
8 Sec. 5-20. Additional licensee requirements. 
9 (a) A certified licensee shall make a photo copy of a 
10buyer's or transferee's valid photo identification card 
11whenever a firearm sale transaction takes place. The photo 
12copy shall be attached to the documentation detailing the 
13record of sale.
14 (b) A certified licensee shall post in a conspicuous 
15position on the premises where the licensee conducts business 
16a sign that contains the following warning in block letters 
17not less than one inch in height:
18  "With few exceptions enumerated in the Firearm Owners 
19 Identification Card Act, it is unlawful for you to:
20   (A) store or leave an unsecured firearm in a place 
21 where a child can obtain access to it; 
22   (B) sell or transfer your firearm to someone else 
23 without receiving approval for the transfer from the 
24 Illinois State Police, or
 
 
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1   (C) fail to report the loss or theft of your 
2 firearm to local law enforcement within 72 hours.".
3This sign shall be created by the Illinois State Police and 
4made available for printing or downloading from the Illinois 
5State Police's website.
6 (b-1) A certified licensee shall make available a 
7voluntary waiver of firearm rights form, as described in 
8Section 14.4 of the Firearm Owners Identification Card Act, 
9and as made available on the Illinois State Police website, on 
10the premises where the licensee conducts business. 
11 (c) No retail location established after the effective 
12date of this Act shall be located within 500 feet of any 
13school, pre-school, or day care facility in existence at its 
14location before the retail location is established as measured 
15from the nearest corner of the building holding the retail 
16location to the corner of the school, pre-school, or day care 
17facility building nearest the retail location at the time the 
18retail location seeks licensure.
19(Source: P.A. 102-538, eff. 8-20-21.)