104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB5209
 
Introduced , by Rep. Maura Hirschauer
 
SYNOPSIS AS INTRODUCED:
 
430 ILCS 65/1.1
430 ILCS 65/8
    Amends the Firearm Owners Identification Card Act. Provides that a person who has had the person's Firearm Owner's Identification Card revoked or denied under certain provisions because the person was a patient in a mental health facility shall not be permitted to obtain a Firearm Owner's Identification Card, after the 5-year period has lapsed, unless the person has received a mental health evaluation by a licensed clinical mental health professional (rather than a physician, clinical psychologist, or qualified examiner as those terms are defined in the Mental Health and Developmental Disabilities Code). Provides that the person receiving a mental health evaluation shall share all collateral records with the licensed clinical mental health professional making the certification and shall attest that all collateral records have been provided before the evaluation. Provides that the licensed clinical mental health professional shall attest that the licensed clinical mental health professional has requested, received, reviewed, and considered all of the person's collateral records in making the licensed clinical mental health professional's determination that the person is not a clear and present danger to self or others. Provides that the licensed clinical mental health professional shall identify the types of collateral records received. Requires the licensed clinical mental health professional to make all reasonable attempts to obtain collateral records, and, if no collateral records are obtained, requires the licensed clinical mental health professional to document the efforts used to obtain such collateral records. Provides that the results of the mental health evaluations that are performed on or after the effective date of the amendatory Act shall be transmitted to the Illinois State Police. Defines terms.


LRB104 19512 BDA 32960 b

 
 
A BILL FOR
 
HB5209LRB104 19512 BDA 32960 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 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 
17authority of a physician or other person authorized to 
18prescribe the controlled substance when the controlled 
19substance is used in the prescribed manner.
20    "Adjudicated as a person with a mental disability" means 
21the person is the subject of a determination by a court, board, 
22commission or other lawful authority that the person, as a 
23result of marked subnormal intelligence, or mental illness, 
 
 
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1mental impairment, incompetency, condition, or disease:
2        (1) presents a clear and present danger to himself, 
3    herself, or to others;
4        (2) lacks the mental capacity to manage his or her own 
5    affairs or is adjudicated a person with a disability as 
6    defined in Section 11a-2 of the Probate Act of 1975;
7        (3) is not guilty in a criminal case by reason of 
8    insanity, mental disease or defect;
9        (3.5) is guilty but mentally ill, as provided in 
10    Section 5-2-6 of the Unified Code of Corrections;
11        (4) is incompetent to stand trial in a criminal case;
12        (5) is not guilty by reason of lack of mental 
13    responsibility under Articles 50a and 72b of the Uniform 
14    Code of Military Justice, 10 U.S.C. 850a, 876b;
15        (6) is a sexually violent person under subsection (f) 
16    of Section 5 of the Sexually Violent Persons Commitment 
17    Act; 
18        (7) is a sexually dangerous person under the Sexually 
19    Dangerous Persons Act;
20        (8) is unfit to stand trial under the Juvenile Court 
21    Act of 1987;
22        (9) is not guilty by reason of insanity under the 
23    Juvenile Court Act of 1987;
24        (10) is subject to involuntary admission as an 
25    inpatient as defined in Section 1-119 of the Mental Health 
26    and Developmental Disabilities Code;
 
 
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1        (11) is subject to involuntary admission as an 
2    outpatient as defined in Section 1-119.1 of the Mental 
3    Health and Developmental Disabilities Code;
4        (12) is subject to judicial admission as set forth in 
5    Section 4-500 of the Mental Health and Developmental 
6    Disabilities Code; or
7        (13) is subject to the provisions of the Interstate 
8    Agreements on Sexually Dangerous Persons Act. 
9    "Advanced practice psychiatric nurse" has the meaning 
10ascribed to that term in Section 1-101.3 of the Mental Health 
11and Developmental Disabilities Code. 
12    "Clear and present danger" means a person who:
13        (1) communicates a serious threat of physical violence 
14    against a reasonably identifiable victim or poses a clear 
15    and imminent risk of serious physical injury to himself, 
16    herself, or another person as determined by a physician, 
17    clinical psychologist, advanced practice psychiatric 
18    nurse, or qualified examiner; or
19        (2) demonstrates threatening physical or verbal 
20    behavior, such as violent, suicidal, or assaultive 
21    threats, actions, or other behavior, as determined by a 
22    physician, clinical psychologist, advanced practice 
23    psychiatric nurse, qualified examiner, school 
24    administrator, or law enforcement official.
25    "Clinical psychologist" has the meaning provided in 
26Section 1-103 of the Mental Health and Developmental 
 
 
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1Disabilities Code.
2    "Collateral records" means (1) any medical records related 
3to the patient's current and past clinical or mental status 
4and history from the last 5 years from all current and prior 
5physicians, qualified examiners, or any other individuals who 
6provided health care services, as that term is defined in 
7Managed Care Reform and Patient Rights Act, to the patient and 
8(2) correspondence or other communication between the licensed 
9clinical mental health professional and the patient's current 
10and prior physicians, qualified examiners, or any other 
11individuals who provided health care services, as that term is 
12defined in Managed Care Reform and Patient Rights Act, to the 
13patient, if any.
14    "Controlled substance" means a controlled substance or 
15controlled substance analog as defined in the Illinois 
16Controlled Substances Act. 
17    "Counterfeit" means to copy or imitate, without legal 
18authority, with intent to deceive.
19    "Department-approved continuing education sponsor" means a 
20person, firm, association, corporation, or any other group 
21which is approved by the Department of Financial and 
22Professional Regulation to coordinate and present continuing 
23education courses or programs.
24    "Developmental disability" means a severe, chronic 
25disability of an individual that:
26        (1) is attributable to a mental or physical impairment 
 
 
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1    or combination of mental and physical impairments;
2        (2) is manifested before the individual attains age 
3    22;
4        (3) is likely to continue indefinitely;
5        (4) results in substantial functional limitations in 3 
6    or more of the following areas of major life activity:
7            (A) Self-care. 
8            (B) Receptive and expressive language. 
9            (C) Learning. 
10            (D) Mobility. 
11            (E) Self-direction. 
12            (F) Capacity for independent living. 
13            (G) Economic self-sufficiency; and
14        (5) reflects the individual's need for a combination 
15    and sequence of special, interdisciplinary, or generic 
16    services, individualized supports, or other forms of 
17    assistance that are of lifelong or extended duration and 
18    are individually planned and coordinated.
19    "Federally licensed firearm dealer" means a person who is 
20licensed as a federal firearms dealer under Section 923 of the 
21federal Gun Control Act of 1968 (18 U.S.C. 923). 
22    "Firearm" means any device, by whatever name known, which 
23is designed to expel a projectile or projectiles by the action 
24of an explosion, expansion of gas or escape of gas; excluding, 
25however:
26        (1) any pneumatic gun, spring gun, paint ball gun, or 
 
 
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1    B-B gun which expels a single globular projectile not 
2    exceeding .18 inch in diameter or which has a maximum 
3    muzzle velocity of less than 700 feet per second;
4        (1.1) any pneumatic gun, spring gun, paint ball gun, 
5    or B-B gun which expels breakable paint balls containing 
6    washable marking colors;
7        (2) any device used exclusively for signaling or 
8    safety and required or recommended by the United States 
9    Coast Guard or the Interstate Commerce Commission;
10        (3) any device used exclusively for the firing of stud 
11    cartridges, explosive rivets or similar industrial 
12    ammunition; and
13        (4) an antique firearm (other than a machine-gun) 
14    which, although designed as a weapon, the Illinois State 
15    Police finds by reason of the date of its manufacture, 
16    value, design, and other characteristics is primarily a 
17    collector's item and is not likely to be used as a weapon.
18    "Firearm ammunition" means any self-contained cartridge or 
19shotgun shell, by whatever name known, which is designed to be 
20used or adaptable to use in a firearm; excluding, however:
21        (1) any ammunition exclusively designed for use with a 
22    device used exclusively for signaling or safety and 
23    required or recommended by the United States Coast Guard 
24    or the Interstate Commerce Commission; and
25        (2) any ammunition designed exclusively for use with a 
26    stud or rivet driver or other similar industrial 
 
 
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1    ammunition.
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    "Licensed clinical mental health professional" means an 
16individual who (1) holds an active license in good standing 
17issued by the State of Illinois as a clinical social worker 
18under the Clinical Social Work and Social Work Practice Act, a 
19clinical psychologist under the Clinical Psychologist 
20Licensing Act, or a physician licensed to practice medicine in 
21all its branches under the Medical Practice Act of 1987 who is 
22board-certified in psychiatry by the American Board of 
23Psychiatry and Neurology or the American Osteopathic Board of 
24Neurology and Psychiatry; (2) has successfully completed at 
25least 3 hours of continuing education, provided by a 
26Department-approved continuing education sponsor, that 
 
 
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1included education regarding suicide prevention and trauma 
2evaluation; (3) has successfully completed training provided 
3by the Illinois Department of Human Services Division of 
4Mental Health Firearm Owners Identification Mental Health 
5Reporting Team on the issuance, revocation, and reinstatement 
6of Firearm Owners Identification Cards under this Act; and (4) 
7maintains a practice location within the State of Illinois or 
8is authorized to provide telehealth services to Illinois 
9residents in compliance with Illinois law. An individual 
10practicing in Illinois under temporary practice authority, 
11reciprocity provisions, interstate compact provisions, or any 
12other mechanism that does not constitute full Illinois 
13licensure shall not qualify as a licensed clinical mental 
14health professional for purposes of this Act.
15    "Mental health evaluation" means a mental health 
16evaluation performed by a licensed clinical mental health 
17professional during at least 2 office visits on separate, 
18nonconsecutive days. "Mental health evaluation" includes a 
19mental health evaluation that may require more than 2 office 
20visits, subject to the professional discretion of the 
21evaluating licensed clinical mental health professional.
22    "Mental health facility" means any licensed private 
23hospital or hospital affiliate, institution, or facility, or 
24part thereof, and any facility, or part thereof, operated by 
25the State or a political subdivision thereof which provides 
26treatment of persons with mental illness and includes all 
 
 
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1hospitals, institutions, clinics, evaluation facilities, 
2mental health centers, colleges, universities, long-term care 
3facilities, and nursing homes, or parts thereof, which provide 
4treatment of persons with mental illness whether or not the 
5primary purpose is to provide treatment of persons with mental 
6illness. 
7    "National governing body" means a group of persons who 
8adopt rules and formulate policy on behalf of a national 
9firearm sporting organization. 
10    "Noncitizen" means a person who is not a citizen of the 
11United States, but is a person who is a foreign-born person who 
12lives in the United States, has not been naturalized, and is 
13still a citizen of a foreign country. 
14    "Patient" means:
15        (1) a person who is admitted as an inpatient or 
16    resident of a public or private mental health facility for 
17    mental health treatment under Chapter III of the Mental 
18    Health and Developmental Disabilities Code as an informal 
19    admission, a voluntary admission, a minor admission, an 
20    emergency admission, or an involuntary admission, unless 
21    the treatment was solely for an alcohol abuse disorder; or
22        (2) a person who voluntarily or involuntarily receives 
23    mental health treatment as an out-patient or is otherwise 
24    provided services by a public or private mental health 
25    facility and who poses a clear and present danger to 
26    himself, herself, or others. 
 
 
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1    "Physician" has the meaning as defined in Section 1-120 of 
2the Mental Health and Developmental Disabilities Code.
3    "Protective order" means any orders of protection issued 
4under the Illinois Domestic Violence Act of 1986, stalking no 
5contact orders issued under the Stalking No Contact Order Act, 
6civil no contact orders issued under the Civil No Contact 
7Order Act, and firearms restraining orders issued under the 
8Firearms Restraining Order Act or a substantially similar 
9order issued by the court of another state, tribe, or United 
10States territory or military judge.
11    "Qualified examiner" has the meaning provided in Section 
121-122 of the Mental Health and Developmental Disabilities 
13Code.
14    "Sanctioned competitive shooting event" means a shooting 
15contest officially recognized by a national or state shooting 
16sport association, and includes any sight-in or practice 
17conducted in conjunction with the event. 
18    "School administrator" means the person required to report 
19under the School Administrator Reporting of Mental Health 
20Clear and Present Danger Determinations Law.
21    "Stun gun or taser" has the meaning ascribed to it in 
22Section 24-1 of the Criminal Code of 2012.
23(Source: P.A. 103-154, eff. 6-30-23; 103-407, eff. 7-28-23; 
24104-270, eff. 8-15-25.)
 
25    (430 ILCS 65/8)
 
 
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1    Sec. 8. Grounds for denial and revocation. The Illinois 
2State Police has authority to deny an application for or to 
3revoke and seize a Firearm Owner's Identification Card 
4previously issued under this Act only if the Illinois State 
5Police finds that the applicant or the person to whom such card 
6was issued is or was at the time of issuance:
7        (a) A person under 21 years of age who has been 
8    convicted of a misdemeanor other than a traffic offense or 
9    adjudged delinquent;
10        (b) This subsection (b) applies through the 180th day 
11    following July 12, 2019 (the effective date of Public Act 
12    101-80). A person under 21 years of age who does not have 
13    the written consent of his parent or guardian to acquire 
14    and possess firearms and firearm ammunition, or whose 
15    parent or guardian has revoked such written consent, or 
16    where such parent or guardian does not qualify to have a 
17    Firearm Owner's Identification Card;
18        (b-5) This subsection (b-5) applies on and after the 
19    181st day following July 12, 2019 (the effective date of 
20    Public Act 101-80). A person under 21 years of age who is 
21    not an active duty member of the United States Armed 
22    Forces or the Illinois National Guard and does not have 
23    the written consent of his or her parent or guardian to 
24    acquire and possess firearms and firearm ammunition, or 
25    whose parent or guardian has revoked such written consent, 
26    or where such parent or guardian does not qualify to have a 
 
 
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1    Firearm Owner's Identification Card; 
2        (c) A person convicted of a felony under the laws of 
3    this or any other jurisdiction;
4        (d) A person addicted to narcotics;
5        (e) A person who has been a patient of a mental health 
6    facility within the past 5 years or a person who has been a 
7    patient in a mental health facility more than 5 years ago 
8    who has not received the certification required under 
9    subsection (u) of this Section. An active law enforcement 
10    officer employed by a unit of government or a Department 
11    of Corrections employee authorized to possess firearms who 
12    is denied, revoked, or has his or her Firearm Owner's 
13    Identification Card seized under this subsection (e) may 
14    obtain relief as described in subsection (c-5) of Section 
15    10 of this Act if the officer or employee did not act in a 
16    manner threatening to the officer or employee, another 
17    person, or the public as determined by the treating 
18    clinical psychologist or physician, and the officer or 
19    employee seeks mental health treatment;
20        (f) A person whose mental condition is of such a 
21    nature that it poses a clear and present danger to the 
22    applicant, any other person or persons, or the community;
23        (g) A person who has an intellectual disability;
24        (h) A person who intentionally makes a false statement 
25    in the Firearm Owner's Identification Card application or 
26    endorsement affidavit;
 
 
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1        (i) A noncitizen who is unlawfully present in the 
2    United States under the laws of the United States;
3        (i-5) A noncitizen who has been admitted to the United 
4    States under a non-immigrant visa (as that term is defined 
5    in Section 101(a)(26) of the Immigration and Nationality 
6    Act (8 U.S.C. 1101(a)(26))), except that this subsection 
7    (i-5) does not apply to any noncitizen who has been 
8    lawfully admitted to the United States under a 
9    non-immigrant visa if that noncitizen is:
10            (1) admitted to the United States for lawful 
11        hunting or sporting purposes;
12            (2) an official representative of a foreign 
13        government who is:
14                (A) accredited to the United States Government 
15            or the Government's mission to an international 
16            organization having its headquarters in the United 
17            States; or
18                (B) en route to or from another country to 
19            which that noncitizen is accredited;
20            (3) an official of a foreign government or 
21        distinguished foreign visitor who has been so 
22        designated by the Department of State;
23            (4) a foreign law enforcement officer of a 
24        friendly foreign government entering the United States 
25        on official business; or
26            (5) one who has received a waiver from the 
 
 
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1        Attorney General of the United States pursuant to 18 
2        U.S.C. 922(y)(3);
3        (j) (Blank);
4        (k) A person who has been convicted within the past 5 
5    years of battery, assault, aggravated assault, violation 
6    of an order of protection, or a substantially similar 
7    offense in another jurisdiction, in which a firearm was 
8    used or possessed;
9        (l) A person who has been convicted of domestic 
10    battery, aggravated domestic battery, or a substantially 
11    similar offense in another jurisdiction committed before, 
12    on or after January 1, 2012 (the effective date of Public 
13    Act 97-158). If the applicant or person who has been 
14    previously issued a Firearm Owner's Identification Card 
15    under this Act knowingly and intelligently waives the 
16    right to have an offense described in this paragraph (l) 
17    tried by a jury, and by guilty plea or otherwise, results 
18    in a conviction for an offense in which a domestic 
19    relationship is not a required element of the offense but 
20    in which a determination of the applicability of 18 U.S.C. 
21    922(g)(9) is made under Section 112A-11.1 of the Code of 
22    Criminal Procedure of 1963, an entry by the court of a 
23    judgment of conviction for that offense shall be grounds 
24    for denying an application for and for revoking and 
25    seizing a Firearm Owner's Identification Card previously 
26    issued to the person under this Act;
 
 
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1        (m) (Blank);
2        (n) A person who is prohibited from acquiring or 
3    possessing firearms or firearm ammunition by any Illinois 
4    State statute or by federal law;
5        (o) A minor subject to a petition filed under Section 
6    5-520 of the Juvenile Court Act of 1987 alleging that the 
7    minor is a delinquent minor for the commission of an 
8    offense that if committed by an adult would be a felony; 
9        (p) An adult who had been adjudicated a delinquent 
10    minor under the Juvenile Court Act of 1987 for the 
11    commission of an offense that if committed by an adult 
12    would be a felony;
13        (q) A person who is not a resident of the State of 
14    Illinois, except as provided in subsection (a-10) of 
15    Section 4; 
16        (r) A person who has been adjudicated as a person with 
17    a mental disability; 
18        (s) A person who has been found to have a 
19    developmental disability; 
20        (t) A person involuntarily admitted into a mental 
21    health facility; 
22        (u) A person who has had his or her Firearm Owner's 
23    Identification Card revoked or denied under subsection (e) 
24    of this Section or item (iv) of paragraph (2) of 
25    subsection (a) of Section 4 of this Act because he or she 
26    was a patient in a mental health facility as provided in 
 
 
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1    subsection (e) of this Section, shall not be permitted to 
2    obtain a Firearm Owner's Identification Card, after the 
3    5-year period has lapsed, unless he or she has received a 
4    mental health evaluation by a licensed clinical mental 
5    health professional physician, clinical psychologist, 
6    advanced practice psychiatric nurse, or qualified examiner 
7    as those terms are defined in the Mental Health and 
8    Developmental Disabilities Code, and has received a 
9    certification that he or she is not a clear and present 
10    danger to himself, herself, or others. The person 
11    receiving a mental health evaluation shall provide, or 
12    approve the sharing of, all collateral records to the 
13    licensed clinical mental health professional making the 
14    certification, and the person shall attest, by signature, 
15    that all collateral records have been provided to the 
16    licensed clinical mental health professional before the 
17    mental health evaluation. The licensed clinical mental 
18    health professional, as part of the certification, shall 
19    attest that the licensed clinical mental health 
20    professional has requested, received, reviewed, and 
21    considered all of the person's collateral records in 
22    making the determination that the person is not a clear 
23    and present danger to self or others. In addition, the 
24    licensed clinical mental health professional shall 
25    identify the types of collateral records received. The 
26    licensed clinical mental health professional shall make 
 
 
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1    all reasonable attempts to obtain collateral records, and, 
2    if no collateral records are obtained, the licensed 
3    clinical mental health professional must document the 
4    efforts used to obtain the collateral records. The 
5    licensed clinical mental health professional physician, 
6    clinical psychologist, advanced practice psychiatric 
7    nurse, or qualified examiner making the certification and 
8    his or her employer shall not be held criminally, civilly, 
9    or professionally liable for making or not making the 
10    certification required under this subsection, except for 
11    willful or wanton misconduct. This subsection does not 
12    apply to a person whose firearm possession rights have 
13    been restored through administrative or judicial action 
14    under Section 10 or 11 of this Act. The results of all 
15    mental health evaluations that are performed under this 
16    subsection (u) on or after the effective date of this 
17    amendatory Act of the 104th General Assembly shall be 
18    transmitted to the Illinois State Police. A licensed 
19    clinical mental health professional who complies with the 
20    requirements of this subsection and documents reasonable 
21    attempts to obtain collateral records shall not be subject 
22    to professional discipline, civil liability, or criminal 
23    liability based on: (1) the person's failure to disclose 
24    all treatment history; (2) the existence of collateral 
25    records that were not identified by the person and not 
26    discovered through the licensed clinical mental health 
 
 
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1    professional's documented reasonable attempts; or (3) the 
2    licensed clinical mental health professional's 
3    determination that was made in good faith based on 
4    information available at the time of the evaluation, even 
5    if additional records are later discovered. This liability 
6    protection shall not apply in cases of willful or wanton 
7    misconduct. ; or
8        (v) A person who fails 2 or more times to report a loss 
9    or theft of a firearm within 48 hours of the discovery of 
10    such loss or theft to local law enforcement as required 
11    under subsection (a) of Section 24-4.1 of the Criminal 
12    Code of 2012. 
13    Upon revocation of a person's Firearm Owner's 
14Identification Card, the Illinois State Police shall provide 
15notice to the person and the person shall comply with Section 
169.5 of this Act. 
17(Source: P.A. 104-31, eff. 1-1-26; 104-270, eff. 8-15-25; 
18revised 11-21-25.)