Rep. Maura Hirschauer
Filed: 5/15/2026
 
 

 
 

 
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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, clinical psychologists, 
13advanced practice psychiatric nurses, or any other individuals 
14who provided health care services, as that term is defined in 
15Managed Care Reform and Patient Rights Act, to the patient and 
16(2) correspondence or other communication between the FOID 
17reinstatement mental health evaluator and the patient's 
18current and prior physicians, qualified examiners, clinical 
19psychologists, advanced practice psychiatric nurses, or any 
20other individuals who provided health care services, as that 
21term is defined in Managed Care Reform and Patient Rights Act, 
22to the patient, if any.
23    "Controlled substance" means a controlled substance or 
24controlled substance analog as defined in the Illinois 
25Controlled Substances Act. 
26    "Counterfeit" means to copy or imitate, without legal 
 
 
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1authority, with intent to deceive.
2    "Department of Financial and Professional 
3Regulation-approved continuing education sponsor" means a 
4person, firm, association, corporation, or any other group 
5which is approved by the Department of Financial and 
6Professional Regulation to coordinate and present continuing 
7education courses or programs.
8    "Developmental disability" means a severe, chronic 
9disability of an individual that:
10        (1) is attributable to a mental or physical impairment 
11    or combination of mental and physical impairments;
12        (2) is manifested before the individual attains age 
13    22;
14        (3) is likely to continue indefinitely;
15        (4) results in substantial functional limitations in 3 
16    or more of the following areas of major life activity:
17            (A) Self-care. 
18            (B) Receptive and expressive language. 
19            (C) Learning. 
20            (D) Mobility. 
21            (E) Self-direction. 
22            (F) Capacity for independent living. 
23            (G) Economic self-sufficiency; and
24        (5) reflects the individual's need for a combination 
25    and sequence of special, interdisciplinary, or generic 
26    services, individualized supports, or other forms of 
 
 
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1    assistance that are of lifelong or extended duration and 
2    are individually planned and coordinated.
3    "Federally licensed firearm dealer" means a person who is 
4licensed as a federal firearms dealer under Section 923 of the 
5federal Gun Control Act of 1968 (18 U.S.C. 923). 
6    "Firearm" means any device, by whatever name known, which 
7is designed to expel a projectile or projectiles by the action 
8of an explosion, expansion of gas or escape of gas; excluding, 
9however:
10        (1) any pneumatic gun, spring gun, paint ball gun, or 
11    B-B gun which expels a single globular projectile not 
12    exceeding .18 inch in diameter or which has a maximum 
13    muzzle velocity of less than 700 feet per second;
14        (1.1) any pneumatic gun, spring gun, paint ball gun, 
15    or B-B gun which expels breakable paint balls containing 
16    washable marking colors;
17        (2) any device used exclusively for signaling or 
18    safety and required or recommended by the United States 
19    Coast Guard or the Interstate Commerce Commission;
20        (3) any device used exclusively for the firing of stud 
21    cartridges, explosive rivets or similar industrial 
22    ammunition; and
23        (4) an antique firearm (other than a machine-gun) 
24    which, although designed as a weapon, the Illinois State 
25    Police finds by reason of the date of its manufacture, 
26    value, design, and other characteristics is primarily a 
 
 
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1    collector's item and is not likely to be used as a weapon.
2    "Firearm ammunition" means any self-contained cartridge or 
3shotgun shell, by whatever name known, which is designed to be 
4used or adaptable to use in a firearm; excluding, however:
5        (1) any ammunition exclusively designed for use with a 
6    device used exclusively for signaling or safety and 
7    required or recommended by the United States Coast Guard 
8    or the Interstate Commerce Commission; and
9        (2) any ammunition designed exclusively for use with a 
10    stud or rivet driver or other similar industrial 
11    ammunition.
12    "FOID reinstatement mental health evaluation" means a 
13mental health evaluation performed for the purpose of Firearm 
14Owner's Identification Card reinstatement by a FOID 
15reinstatement mental health evaluator during at least 2 office 
16visits on separate, nonconsecutive days. "FOID reinstatement 
17mental health evaluation" includes a mental health evaluation 
18that may require more than 2 office visits, subject to the 
19professional discretion of the FOID reinstatement mental 
20health evaluator conducting the FOID reinstatement mental 
21health evaluation.
22    "FOID reinstatement mental health evaluator" means an 
23individual who:
24        (1) is a qualified examiner, a licensed clinical 
25    psychologist under the Clinical Psychologist Licensing 
26    Act, a licensed advanced practice psychiatric nurse under 
 
 
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1    the Nurse Practice Act, or a physician licensed to 
2    practice medicine in all its branches under the Medical 
3    Practice Act of 1987 who is board-certified in psychiatry 
4    by the American Board of Psychiatry and Neurology or the 
5    American Osteopathic Board of Neurology and Psychiatry;
6        (2) has successfully completed at least 3 hours of 
7    continuing education, provided by a Department of 
8    Financial and Professional Regulation-approved continuing 
9    education sponsor, that included education regarding 
10    suicide prevention and trauma evaluation;
11        (3) has successfully completed training on mental 
12    health reporting under this Act, provided by the 
13    Department of Human Services or a third-party training 
14    provider that has been approved by the Department of Human 
15    Services, and has successfully completed training on the 
16    issuance, revocation, and reinstatement of Firearm Owners 
17    Identification Cards under this Act, provided by the 
18    Illinois State Police or a third-party training provider 
19    that has been approved by the Illinois State Police; and
20        (4) maintains a practice location within the State of 
21    Illinois or is authorized to provide telehealth services 
22    to Illinois residents in compliance with Illinois law.
23    "FOID reinstatement mental health evaluator" does not 
24include an individual practicing in Illinois under temporary 
25practice authority, reciprocity provisions, interstate compact 
26provisions, or any other mechanism that does not constitute 
 
 
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1full Illinois licensure.
2    "Gun show" means an event or function:
3        (1) at which the sale and transfer of firearms is the 
4    regular and normal course of business and where 50 or more 
5    firearms are displayed, offered, or exhibited for sale, 
6    transfer, or exchange; or
7        (2) at which not less than 10 gun show vendors 
8    display, offer, or exhibit for sale, sell, transfer, or 
9    exchange firearms. 
10    "Gun show" includes the entire premises provided for an 
11event or function, including parking areas for the event or 
12function, that is sponsored to facilitate the purchase, sale, 
13transfer, or exchange of firearms as described in this 
14Section. Nothing in this definition shall be construed to 
15exclude a gun show held in conjunction with competitive 
16shooting events at the World Shooting Complex sanctioned by a 
17national governing body in which the sale or transfer of 
18firearms is authorized under subparagraph (5) of paragraph (g) 
19of subsection (A) of Section 24-3 of the Criminal Code of 2012. 
20    Unless otherwise expressly stated, "gun show" does not 
21include training or safety classes, competitive shooting 
22events, such as rifle, shotgun, or handgun matches, trap, 
23skeet, or sporting clays shoots, dinners, banquets, raffles, 
24or any other event where the sale or transfer of firearms is 
25not the primary course of business.
26    "Gun show promoter" means a person who organizes or 
 
 
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1operates a gun show.
2    "Gun show vendor" means a person who exhibits, sells, 
3offers for sale, transfers, or exchanges any firearms at a gun 
4show, regardless of whether the person arranges with a gun 
5show promoter for a fixed location from which to exhibit, 
6sell, offer for sale, transfer, or exchange any firearm.
7    "Intellectual disability" means significantly subaverage 
8general intellectual functioning, existing concurrently with 
9deficits in adaptive behavior and manifested during the 
10developmental period, which is defined as before the age of 
1122, that adversely affects a child's educational performance.
12    "Involuntarily admitted" has the meaning as prescribed in 
13Sections 1-119 and 1-119.1 of the Mental Health and 
14Developmental Disabilities Code. 
15    "Mental health facility" means any licensed private 
16hospital or hospital affiliate, institution, or facility, or 
17part thereof, and any facility, or part thereof, operated by 
18the State or a political subdivision thereof which provides 
19treatment of persons with mental illness and includes all 
20hospitals, institutions, clinics, evaluation facilities, 
21mental health centers, colleges, universities, long-term care 
22facilities, and nursing homes, or parts thereof, which provide 
23treatment of persons with mental illness whether or not the 
24primary purpose is to provide treatment of persons with mental 
25illness. 
26    "National governing body" means a group of persons who 
 
 
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1adopt rules and formulate policy on behalf of a national 
2firearm sporting organization. 
3    "Noncitizen" means a person who is not a citizen of the 
4United States, but is a person who is a foreign-born person who 
5lives in the United States, has not been naturalized, and is 
6still a citizen of a foreign country. 
7    "Patient" means:
8        (1) a person who is admitted as an inpatient or 
9    resident of a public or private mental health facility for 
10    mental health treatment under Chapter III of the Mental 
11    Health and Developmental Disabilities Code as an informal 
12    admission, a voluntary admission, a minor admission, an 
13    emergency admission, or an involuntary admission, unless 
14    the treatment was solely for an alcohol abuse disorder; or
15        (2) a person who voluntarily or involuntarily receives 
16    mental health treatment as an out-patient or is otherwise 
17    provided services by a public or private mental health 
18    facility and who poses a clear and present danger to 
19    himself, herself, or others. 
20    "Physician" has the meaning as defined in Section 1-120 of 
21the Mental Health and Developmental Disabilities Code.
22    "Protective order" means any orders of protection issued 
23under the Illinois Domestic Violence Act of 1986, stalking no 
24contact orders issued under the Stalking No Contact Order Act, 
25civil no contact orders issued under the Civil No Contact 
26Order Act, and firearms restraining orders issued under the 
 
 
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1Firearms Restraining Order Act or a substantially similar 
2order issued by the court of another state, tribe, or United 
3States territory or military judge.
4    "Qualified examiner" has the meaning provided in Section 
51-122 of the Mental Health and Developmental Disabilities 
6Code.
7    "Sanctioned competitive shooting event" means a shooting 
8contest officially recognized by a national or state shooting 
9sport association, and includes any sight-in or practice 
10conducted in conjunction with the event. 
11    "School administrator" means the person required to report 
12under the School Administrator Reporting of Mental Health 
13Clear and Present Danger Determinations Law.
14    "Stun gun or taser" has the meaning ascribed to it in 
15Section 24-1 of the Criminal Code of 2012.
16(Source: P.A. 103-154, eff. 6-30-23; 103-407, eff. 7-28-23; 
17104-270, eff. 8-15-25.)
 
18    (430 ILCS 65/8)
19    Sec. 8. Grounds for denial and revocation. The Illinois 
20State Police has authority to deny an application for or to 
21revoke and seize a Firearm Owner's Identification Card 
22previously issued under this Act only if the Illinois State 
23Police finds that the applicant or the person to whom such card 
24was issued is or was at the time of issuance:
25        (a) A person under 21 years of age who has been 
 
 
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1    convicted of a misdemeanor other than a traffic offense or 
2    adjudged delinquent;
3        (b) This subsection (b) applies through the 180th day 
4    following July 12, 2019 (the effective date of Public Act 
5    101-80). A person under 21 years of age who does not have 
6    the written consent of his parent or guardian to acquire 
7    and possess firearms and firearm ammunition, or whose 
8    parent or guardian has revoked such written consent, or 
9    where such parent or guardian does not qualify to have a 
10    Firearm Owner's Identification Card;
11        (b-5) This subsection (b-5) applies on and after the 
12    181st day following July 12, 2019 (the effective date of 
13    Public Act 101-80). A person under 21 years of age who is 
14    not an active duty member of the United States Armed 
15    Forces or the Illinois National Guard and does not have 
16    the written consent of his or her parent or guardian to 
17    acquire and possess firearms and firearm ammunition, or 
18    whose parent or guardian has revoked such written consent, 
19    or where such parent or guardian does not qualify to have a 
20    Firearm Owner's Identification Card; 
21        (c) A person convicted of a felony under the laws of 
22    this or any other jurisdiction;
23        (d) A person addicted to narcotics;
24        (e) A person who has been a patient of a mental health 
25    facility within the past 5 years or a person who has been a 
26    patient in a mental health facility more than 5 years ago 
 
 
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1    who has not received the certification required under 
2    subsection (u) of this Section. An active law enforcement 
3    officer employed by a unit of government or a Department 
4    of Corrections employee authorized to possess firearms who 
5    is denied, revoked, or has his or her Firearm Owner's 
6    Identification Card seized under this subsection (e) may 
7    obtain relief as described in subsection (c-5) of Section 
8    10 of this Act if the officer or employee did not act in a 
9    manner threatening to the officer or employee, another 
10    person, or the public as determined by the treating 
11    clinical psychologist or physician, and the officer or 
12    employee seeks mental health treatment;
13        (f) A person whose mental condition is of such a 
14    nature that it poses a clear and present danger to the 
15    applicant, any other person or persons, or the community;
16        (g) A person who has an intellectual disability;
17        (h) A person who intentionally makes a false statement 
18    in the Firearm Owner's Identification Card application or 
19    endorsement affidavit;
20        (i) A noncitizen who is unlawfully present in the 
21    United States under the laws of the United States;
22        (i-5) A noncitizen who has been admitted to the United 
23    States under a non-immigrant visa (as that term is defined 
24    in Section 101(a)(26) of the Immigration and Nationality 
25    Act (8 U.S.C. 1101(a)(26))), except that this subsection 
26    (i-5) does not apply to any noncitizen who has been 
 
 
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1    lawfully admitted to the United States under a 
2    non-immigrant visa if that noncitizen is:
3            (1) admitted to the United States for lawful 
4        hunting or sporting purposes;
5            (2) an official representative of a foreign 
6        government who is:
7                (A) accredited to the United States Government 
8            or the Government's mission to an international 
9            organization having its headquarters in the United 
10            States; or
11                (B) en route to or from another country to 
12            which that noncitizen is accredited;
13            (3) an official of a foreign government or 
14        distinguished foreign visitor who has been so 
15        designated by the Department of State;
16            (4) a foreign law enforcement officer of a 
17        friendly foreign government entering the United States 
18        on official business; or
19            (5) one who has received a waiver from the 
20        Attorney General of the United States pursuant to 18 
21        U.S.C. 922(y)(3);
22        (j) (Blank);
23        (k) A person who has been convicted within the past 5 
24    years of battery, assault, aggravated assault, violation 
25    of an order of protection, or a substantially similar 
26    offense in another jurisdiction, in which a firearm was 
 
 
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1    used or possessed;
2        (l) A person who has been convicted of domestic 
3    battery, aggravated domestic battery, or a substantially 
4    similar offense in another jurisdiction committed before, 
5    on or after January 1, 2012 (the effective date of Public 
6    Act 97-158). If the applicant or person who has been 
7    previously issued a Firearm Owner's Identification Card 
8    under this Act knowingly and intelligently waives the 
9    right to have an offense described in this paragraph (l) 
10    tried by a jury, and by guilty plea or otherwise, results 
11    in a conviction for an offense in which a domestic 
12    relationship is not a required element of the offense but 
13    in which a determination of the applicability of 18 U.S.C. 
14    922(g)(9) is made under Section 112A-11.1 of the Code of 
15    Criminal Procedure of 1963, an entry by the court of a 
16    judgment of conviction for that offense shall be grounds 
17    for denying an application for and for revoking and 
18    seizing a Firearm Owner's Identification Card previously 
19    issued to the person under this Act;
20        (m) (Blank);
21        (n) A person who is prohibited from acquiring or 
22    possessing firearms or firearm ammunition by any Illinois 
23    State statute or by federal law;
24        (o) A minor subject to a petition filed under Section 
25    5-520 of the Juvenile Court Act of 1987 alleging that the 
26    minor is a delinquent minor for the commission of an 
 
 
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1    offense that if committed by an adult would be a felony; 
2        (p) An adult who had been adjudicated a delinquent 
3    minor under the Juvenile Court Act of 1987 for the 
4    commission of an offense that if committed by an adult 
5    would be a felony;
6        (q) A person who is not a resident of the State of 
7    Illinois, except as provided in subsection (a-10) of 
8    Section 4; 
9        (r) A person who has been adjudicated as a person with 
10    a mental disability; 
11        (s) A person who has been found to have a 
12    developmental disability; 
13        (t) A person involuntarily admitted into a mental 
14    health facility; 
15        (u) A person who has had his or her Firearm Owner's 
16    Identification Card revoked or denied under subsection (e) 
17    of this Section or item (iv) of paragraph (2) of 
18    subsection (a) of Section 4 of this Act because he or she 
19    was a patient in a mental health facility as provided in 
20    subsection (e) of this Section, shall not be permitted to 
21    obtain a Firearm Owner's Identification Card, after the 
22    5-year period has lapsed, unless he or she has received a 
23    FOID reinstatement mental health evaluation mental health 
24    evaluation by a FOID reinstatement mental health evaluator    
25    physician, clinical psychologist, advanced practice 
26    psychiatric nurse, or qualified examiner as those terms 
 
 
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1    are defined in the Mental Health and Developmental 
2    Disabilities Code, and has received a certification that 
3    he or she is not a clear and present danger to himself, 
4    herself, or others. The FOID reinstatement mental health 
5    evaluator shall provide the person seeking a FOID 
6    reinstatement mental health evaluation written notice 
7    that, upon completion of the FOID reinstatement mental 
8    health evaluation, the results will be sent to the 
9    Illinois State Police regardless of outcome. To receive a 
10    FOID reinstatement mental health evaluation, a person must 
11    provide written consent for the evaluation and for the 
12    results to be disclosed to the Illinois State Police. The 
13    person receiving a FOID reinstatement mental health 
14    evaluation shall provide, or approve the sharing of, all 
15    collateral records to the FOID reinstatement mental health 
16    evaluator making the certification, and the person shall 
17    attest, by signature, that all collateral records have 
18    been provided to the FOID reinstatement mental health 
19    evaluator before the FOID reinstatement mental health 
20    evaluation. The FOID reinstatement mental health 
21    evaluator, as part of the certification, shall attest that 
22    the FOID reinstatement mental health evaluator has 
23    requested, received, reviewed, and considered all of the 
24    person's collateral records known to the FOID 
25    reinstatement mental health evaluator in making the 
26    determination that the person is not a clear and present 
 
 
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1    danger to self or others. In addition, the FOID 
2    reinstatement mental health evaluator shall identify the 
3    types of collateral records received. The FOID 
4    reinstatement mental health evaluator shall not redisclose 
5    information contained in the collateral records. If no 
6    collateral records are obtained, the FOID reinstatement 
7    mental health evaluator must document the efforts used to 
8    obtain the collateral records. The FOID reinstatement 
9    mental health evaluator physician, clinical psychologist, 
10    advanced practice psychiatric nurse, or qualified examiner 
11    making the certification and his or her employer shall not 
12    be held criminally, civilly, or professionally liable for 
13    making or not making the certification required under this 
14    subsection, except for willful or wanton misconduct. This 
15    subsection does not apply to a person whose firearm 
16    possession rights have been restored through 
17    administrative or judicial action under Section 10 or 11 
18    of this Act. The results of all FOID reinstatement mental 
19    health evaluations that are performed under this 
20    subsection (u) on or after the effective date of this 
21    amendatory Act of the 104th General Assembly shall be 
22    transmitted to the Illinois State Police. A FOID 
23    reinstatement mental health evaluator who complies with 
24    the requirements of this subsection and documents 
25    reasonable attempts to obtain collateral records shall not 
26    be subject to professional discipline, civil liability, or 
 
 
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1    criminal liability based on: (1) the person's failure to 
2    disclose all treatment history; (2) the existence of 
3    collateral records that were not identified by the person 
4    and not discovered through the FOID reinstatement mental 
5    health evaluator's documented reasonable attempts; or (3) 
6    the FOID reinstatement mental health evaluator's 
7    determination that was made in good faith based on 
8    information available at the time of the evaluation, even 
9    if additional records are later discovered. This liability 
10    protection shall not apply in cases of willful or wanton 
11    misconduct. To confirm that an individual is qualified to 
12    perform FOID reinstatement mental health evaluations under 
13    this subsection as a FOID reinstatement mental health 
14    evaluator, the Illinois State Police shall have access to 
15    a FOID reinstatement mental health evaluator's licensure 
16    status from the Department of Financial and Professional 
17    Regulation and shall request all other records or 
18    documentation from the FOID reinstatement mental health 
19    evaluator; or
20        (v) A person who fails 2 or more times to report a loss 
21    or theft of a firearm within 48 hours of the discovery of 
22    such loss or theft to local law enforcement as required 
23    under subsection (a) of Section 24-4.1 of the Criminal 
24    Code of 2012. 
25    Upon revocation of a person's Firearm Owner's 
26Identification Card, the Illinois State Police shall provide 
 
 
10400HB5209ham002- 21 -LRB104 19512 BDA 37674 a

1notice to the person and the person shall comply with Section 
29.5 of this Act. 
3(Source: P.A. 104-31, eff. 1-1-26; 104-270, eff. 8-15-25; 
4revised 11-21-25.)".