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| 1 | | authority of a physician or other person authorized to |
| 2 | | prescribe the controlled substance when the controlled |
| 3 | | substance is used in the prescribed manner. |
| 4 | | "Adjudicated as a person with a mental disability" means |
| 5 | | the person is the subject of a determination by a court, board, |
| 6 | | commission or other lawful authority that the person, as a |
| 7 | | result of marked subnormal intelligence, or mental illness, |
| 8 | | mental 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 |
| 17 | | ascribed to that term in Section 1-101.3 of the Mental Health |
| 18 | | and 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 |
| 7 | | Section 1-103 of the Mental Health and Developmental |
| 8 | | Disabilities Code. |
| 9 | | "Collateral records" means (1) any medical records related |
| 10 | | to the patient's current and past clinical or mental status |
| 11 | | and history from the last 5 years from all current and prior |
| 12 | | physicians, qualified examiners, clinical psychologists, |
| 13 | | advanced practice psychiatric nurses, or any other individuals |
| 14 | | who provided health care services, as that term is defined in |
| 15 | | Managed Care Reform and Patient Rights Act, to the patient and |
| 16 | | (2) correspondence or other communication between the FOID |
| 17 | | reinstatement mental health evaluator and the patient's |
| 18 | | current and prior physicians, qualified examiners, clinical |
| 19 | | psychologists, advanced practice psychiatric nurses, or any |
| 20 | | other individuals who provided health care services, as that |
| 21 | | term is defined in Managed Care Reform and Patient Rights Act, |
| 22 | | to the patient, if any. |
| 23 | | "Controlled substance" means a controlled substance or |
| 24 | | controlled substance analog as defined in the Illinois |
| 25 | | Controlled Substances Act. |
| 26 | | "Counterfeit" means to copy or imitate, without legal |
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| 1 | | authority, with intent to deceive. |
| 2 | | "Department of Financial and Professional |
| 3 | | Regulation-approved continuing education sponsor" means a |
| 4 | | person, firm, association, corporation, or any other group |
| 5 | | which is approved by the Department of Financial and |
| 6 | | Professional Regulation to coordinate and present continuing |
| 7 | | education courses or programs. |
| 8 | | "Developmental disability" means a severe, chronic |
| 9 | | disability 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 |
| 4 | | licensed as a federal firearms dealer under Section 923 of the |
| 5 | | federal Gun Control Act of 1968 (18 U.S.C. 923). |
| 6 | | "Firearm" means any device, by whatever name known, which |
| 7 | | is designed to expel a projectile or projectiles by the action |
| 8 | | of an explosion, expansion of gas or escape of gas; excluding, |
| 9 | | however: |
| 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 |
| 3 | | shotgun shell, by whatever name known, which is designed to be |
| 4 | | used 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 |
| 13 | | mental health evaluation performed for the purpose of Firearm |
| 14 | | Owner's Identification Card reinstatement by a FOID |
| 15 | | reinstatement mental health evaluator during at least 2 office |
| 16 | | visits on separate, nonconsecutive days. "FOID reinstatement |
| 17 | | mental health evaluation" includes a mental health evaluation |
| 18 | | that may require more than 2 office visits, subject to the |
| 19 | | professional discretion of the FOID reinstatement mental |
| 20 | | health evaluator conducting the FOID reinstatement mental |
| 21 | | health evaluation. |
| 22 | | "FOID reinstatement mental health evaluator" means an |
| 23 | | individual 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, developed by |
| 12 | | the Department of Human Services in consultation with the |
| 13 | | Illinois State Police, provided by the Department of Human |
| 14 | | Services or a third-party training provider that has been |
| 15 | | approved by the Department of Human Services, on the |
| 16 | | issuance, revocation, and reinstatement of Firearm Owners |
| 17 | | Identification Cards under this Act; and |
| 18 | | (4) maintains a practice location within the State of |
| 19 | | Illinois or is authorized to provide telehealth services |
| 20 | | to Illinois residents in compliance with Illinois law. |
| 21 | | "FOID reinstatement mental health evaluator" does not |
| 22 | | include an individual practicing in Illinois under temporary |
| 23 | | practice authority, reciprocity provisions, interstate compact |
| 24 | | provisions, or any other mechanism that does not constitute |
| 25 | | full Illinois licensure. |
| 26 | | "Gun show" means an event or function: |
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| 1 | | (1) at which the sale and transfer of firearms is the |
| 2 | | regular and normal course of business and where 50 or more |
| 3 | | firearms are displayed, offered, or exhibited for sale, |
| 4 | | transfer, or exchange; or |
| 5 | | (2) at which not less than 10 gun show vendors |
| 6 | | display, offer, or exhibit for sale, sell, transfer, or |
| 7 | | exchange firearms. |
| 8 | | "Gun show" includes the entire premises provided for an |
| 9 | | event or function, including parking areas for the event or |
| 10 | | function, that is sponsored to facilitate the purchase, sale, |
| 11 | | transfer, or exchange of firearms as described in this |
| 12 | | Section. Nothing in this definition shall be construed to |
| 13 | | exclude a gun show held in conjunction with competitive |
| 14 | | shooting events at the World Shooting Complex sanctioned by a |
| 15 | | national governing body in which the sale or transfer of |
| 16 | | firearms is authorized under subparagraph (5) of paragraph (g) |
| 17 | | of subsection (A) of Section 24-3 of the Criminal Code of 2012. |
| 18 | | Unless otherwise expressly stated, "gun show" does not |
| 19 | | include training or safety classes, competitive shooting |
| 20 | | events, such as rifle, shotgun, or handgun matches, trap, |
| 21 | | skeet, or sporting clays shoots, dinners, banquets, raffles, |
| 22 | | or any other event where the sale or transfer of firearms is |
| 23 | | not the primary course of business. |
| 24 | | "Gun show promoter" means a person who organizes or |
| 25 | | operates a gun show. |
| 26 | | "Gun show vendor" means a person who exhibits, sells, |
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| 1 | | offers for sale, transfers, or exchanges any firearms at a gun |
| 2 | | show, regardless of whether the person arranges with a gun |
| 3 | | show promoter for a fixed location from which to exhibit, |
| 4 | | sell, offer for sale, transfer, or exchange any firearm. |
| 5 | | "Intellectual disability" means significantly subaverage |
| 6 | | general intellectual functioning, existing concurrently with |
| 7 | | deficits in adaptive behavior and manifested during the |
| 8 | | developmental period, which is defined as before the age of |
| 9 | | 22, that adversely affects a child's educational performance. |
| 10 | | "Involuntarily admitted" has the meaning as prescribed in |
| 11 | | Sections 1-119 and 1-119.1 of the Mental Health and |
| 12 | | Developmental Disabilities Code. |
| 13 | | "Mental health facility" means any licensed private |
| 14 | | hospital or hospital affiliate, institution, or facility, or |
| 15 | | part thereof, and any facility, or part thereof, operated by |
| 16 | | the State or a political subdivision thereof which provides |
| 17 | | treatment of persons with mental illness and includes all |
| 18 | | hospitals, institutions, clinics, evaluation facilities, |
| 19 | | mental health centers, colleges, universities, long-term care |
| 20 | | facilities, and nursing homes, or parts thereof, which provide |
| 21 | | treatment of persons with mental illness whether or not the |
| 22 | | primary purpose is to provide treatment of persons with mental |
| 23 | | illness. |
| 24 | | "National governing body" means a group of persons who |
| 25 | | adopt rules and formulate policy on behalf of a national |
| 26 | | firearm sporting organization. |
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| 1 | | "Noncitizen" means a person who is not a citizen of the |
| 2 | | United States, but is a person who is a foreign-born person who |
| 3 | | lives in the United States, has not been naturalized, and is |
| 4 | | still a citizen of a foreign country. |
| 5 | | "Patient" means: |
| 6 | | (1) a person who is admitted as an inpatient or |
| 7 | | resident of a public or private mental health facility for |
| 8 | | mental health treatment under Chapter III of the Mental |
| 9 | | Health and Developmental Disabilities Code as an informal |
| 10 | | admission, a voluntary admission, a minor admission, an |
| 11 | | emergency admission, or an involuntary admission, unless |
| 12 | | the treatment was solely for an alcohol abuse disorder; or |
| 13 | | (2) a person who voluntarily or involuntarily receives |
| 14 | | mental health treatment as an out-patient or is otherwise |
| 15 | | provided services by a public or private mental health |
| 16 | | facility and who poses a clear and present danger to |
| 17 | | himself, herself, or others. |
| 18 | | "Physician" has the meaning as defined in Section 1-120 of |
| 19 | | the Mental Health and Developmental Disabilities Code. |
| 20 | | "Protective order" means any orders of protection issued |
| 21 | | under the Illinois Domestic Violence Act of 1986, stalking no |
| 22 | | contact orders issued under the Stalking No Contact Order Act, |
| 23 | | civil no contact orders issued under the Civil No Contact |
| 24 | | Order Act, and firearms restraining orders issued under the |
| 25 | | Firearms Restraining Order Act or a substantially similar |
| 26 | | order issued by the court of another state, tribe, or United |
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| 1 | | States territory or military judge. |
| 2 | | "Qualified examiner" has the meaning provided in Section |
| 3 | | 1-122 of the Mental Health and Developmental Disabilities |
| 4 | | Code. |
| 5 | | "Sanctioned competitive shooting event" means a shooting |
| 6 | | contest officially recognized by a national or state shooting |
| 7 | | sport association, and includes any sight-in or practice |
| 8 | | conducted in conjunction with the event. |
| 9 | | "School administrator" means the person required to report |
| 10 | | under the School Administrator Reporting of Mental Health |
| 11 | | Clear and Present Danger Determinations Law. |
| 12 | | "Stun gun or taser" has the meaning ascribed to it in |
| 13 | | Section 24-1 of the Criminal Code of 2012. |
| 14 | | (Source: P.A. 103-154, eff. 6-30-23; 103-407, eff. 7-28-23; |
| 15 | | 104-270, eff. 8-15-25.) |
| 16 | | (430 ILCS 65/8) |
| 17 | | Sec. 8. Grounds for denial and revocation. The Illinois |
| 18 | | State Police has authority to deny an application for or to |
| 19 | | revoke and seize a Firearm Owner's Identification Card |
| 20 | | previously issued under this Act only if the Illinois State |
| 21 | | Police finds that the applicant or the person to whom such card |
| 22 | | was issued is or was at the time of issuance: |
| 23 | | (a) A person under 21 years of age who has been |
| 24 | | convicted of a misdemeanor other than a traffic offense or |
| 25 | | adjudged delinquent; |
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| 1 | | (b) This subsection (b) applies through the 180th day |
| 2 | | following July 12, 2019 (the effective date of Public Act |
| 3 | | 101-80). A person under 21 years of age who does not have |
| 4 | | the written consent of his parent or guardian to acquire |
| 5 | | and possess firearms and firearm ammunition, or whose |
| 6 | | parent or guardian has revoked such written consent, or |
| 7 | | where such parent or guardian does not qualify to have a |
| 8 | | Firearm Owner's Identification Card; |
| 9 | | (b-5) This subsection (b-5) applies on and after the |
| 10 | | 181st day following July 12, 2019 (the effective date of |
| 11 | | Public Act 101-80). A person under 21 years of age who is |
| 12 | | not an active duty member of the United States Armed |
| 13 | | Forces or the Illinois National Guard and does not have |
| 14 | | the written consent of his or her parent or guardian to |
| 15 | | acquire and possess firearms and firearm ammunition, or |
| 16 | | whose parent or guardian has revoked such written consent, |
| 17 | | or where such parent or guardian does not qualify to have a |
| 18 | | Firearm Owner's Identification Card; |
| 19 | | (c) A person convicted of a felony under the laws of |
| 20 | | this or any other jurisdiction; |
| 21 | | (d) A person addicted to narcotics; |
| 22 | | (e) A person who has been a patient of a mental health |
| 23 | | facility within the past 5 years or a person who has been a |
| 24 | | patient in a mental health facility more than 5 years ago |
| 25 | | who has not received the certification required under |
| 26 | | subsection (u) of this Section. An active law enforcement |
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| 1 | | officer employed by a unit of government or a Department |
| 2 | | of Corrections employee authorized to possess firearms who |
| 3 | | is denied, revoked, or has his or her Firearm Owner's |
| 4 | | Identification Card seized under this subsection (e) may |
| 5 | | obtain relief as described in subsection (c-5) of Section |
| 6 | | 10 of this Act if the officer or employee did not act in a |
| 7 | | manner threatening to the officer or employee, another |
| 8 | | person, or the public as determined by the treating |
| 9 | | clinical psychologist or physician, and the officer or |
| 10 | | employee seeks mental health treatment; |
| 11 | | (f) A person whose mental condition is of such a |
| 12 | | nature that it poses a clear and present danger to the |
| 13 | | applicant, any other person or persons, or the community; |
| 14 | | (g) A person who has an intellectual disability; |
| 15 | | (h) A person who intentionally makes a false statement |
| 16 | | in the Firearm Owner's Identification Card application or |
| 17 | | endorsement affidavit; |
| 18 | | (i) A noncitizen who is unlawfully present in the |
| 19 | | United States under the laws of the United States; |
| 20 | | (i-5) A noncitizen who has been admitted to the United |
| 21 | | States under a non-immigrant visa (as that term is defined |
| 22 | | in Section 101(a)(26) of the Immigration and Nationality |
| 23 | | Act (8 U.S.C. 1101(a)(26))), except that this subsection |
| 24 | | (i-5) does not apply to any noncitizen who has been |
| 25 | | lawfully admitted to the United States under a |
| 26 | | non-immigrant visa if that noncitizen is: |
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| 1 | | (1) admitted to the United States for lawful |
| 2 | | hunting or sporting purposes; |
| 3 | | (2) an official representative of a foreign |
| 4 | | government who is: |
| 5 | | (A) accredited to the United States Government |
| 6 | | or the Government's mission to an international |
| 7 | | organization having its headquarters in the United |
| 8 | | States; or |
| 9 | | (B) en route to or from another country to |
| 10 | | which that noncitizen is accredited; |
| 11 | | (3) an official of a foreign government or |
| 12 | | distinguished foreign visitor who has been so |
| 13 | | designated by the Department of State; |
| 14 | | (4) a foreign law enforcement officer of a |
| 15 | | friendly foreign government entering the United States |
| 16 | | on official business; or |
| 17 | | (5) one who has received a waiver from the |
| 18 | | Attorney General of the United States pursuant to 18 |
| 19 | | U.S.C. 922(y)(3); |
| 20 | | (j) (Blank); |
| 21 | | (k) A person who has been convicted within the past 5 |
| 22 | | years of battery, assault, aggravated assault, violation |
| 23 | | of an order of protection, or a substantially similar |
| 24 | | offense in another jurisdiction, in which a firearm was |
| 25 | | used or possessed; |
| 26 | | (l) A person who has been convicted of domestic |
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| 1 | | battery, aggravated domestic battery, or a substantially |
| 2 | | similar offense in another jurisdiction committed before, |
| 3 | | on or after January 1, 2012 (the effective date of Public |
| 4 | | Act 97-158). If the applicant or person who has been |
| 5 | | previously issued a Firearm Owner's Identification Card |
| 6 | | under this Act knowingly and intelligently waives the |
| 7 | | right to have an offense described in this paragraph (l) |
| 8 | | tried by a jury, and by guilty plea or otherwise, results |
| 9 | | in a conviction for an offense in which a domestic |
| 10 | | relationship is not a required element of the offense but |
| 11 | | in which a determination of the applicability of 18 U.S.C. |
| 12 | | 922(g)(9) is made under Section 112A-11.1 of the Code of |
| 13 | | Criminal Procedure of 1963, an entry by the court of a |
| 14 | | judgment of conviction for that offense shall be grounds |
| 15 | | for denying an application for and for revoking and |
| 16 | | seizing a Firearm Owner's Identification Card previously |
| 17 | | issued to the person under this Act; |
| 18 | | (m) (Blank); |
| 19 | | (n) A person who is prohibited from acquiring or |
| 20 | | possessing firearms or firearm ammunition by any Illinois |
| 21 | | State statute or by federal law; |
| 22 | | (o) A minor subject to a petition filed under Section |
| 23 | | 5-520 of the Juvenile Court Act of 1987 alleging that the |
| 24 | | minor is a delinquent minor for the commission of an |
| 25 | | offense that if committed by an adult would be a felony; |
| 26 | | (p) An adult who had been adjudicated a delinquent |
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| 1 | | minor under the Juvenile Court Act of 1987 for the |
| 2 | | commission of an offense that if committed by an adult |
| 3 | | would be a felony; |
| 4 | | (q) A person who is not a resident of the State of |
| 5 | | Illinois, except as provided in subsection (a-10) of |
| 6 | | Section 4; |
| 7 | | (r) A person who has been adjudicated as a person with |
| 8 | | a mental disability; |
| 9 | | (s) A person who has been found to have a |
| 10 | | developmental disability; |
| 11 | | (t) A person involuntarily admitted into a mental |
| 12 | | health facility; |
| 13 | | (u) A person who has had his or her Firearm Owner's |
| 14 | | Identification Card revoked or denied under subsection (e) |
| 15 | | of this Section or item (iv) of paragraph (2) of |
| 16 | | subsection (a) of Section 4 of this Act because he or she |
| 17 | | was a patient in a mental health facility as provided in |
| 18 | | subsection (e) of this Section, shall not be permitted to |
| 19 | | obtain a Firearm Owner's Identification Card, after the |
| 20 | | 5-year period has lapsed, unless he or she has received a |
| 21 | | FOID reinstatement mental health evaluation mental health |
| 22 | | evaluation by a FOID reinstatement mental health evaluator |
| 23 | | physician, clinical psychologist, advanced practice |
| 24 | | psychiatric nurse, or qualified examiner as those terms |
| 25 | | are defined in the Mental Health and Developmental |
| 26 | | Disabilities Code, and has received a certification that |
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| 1 | | he or she is not a clear and present danger to himself, |
| 2 | | herself, or others. The FOID reinstatement mental health |
| 3 | | evaluator shall provide the person seeking a FOID |
| 4 | | reinstatement mental health evaluation written notice |
| 5 | | that, upon completion of the FOID reinstatement mental |
| 6 | | health evaluation, the results will be sent to the |
| 7 | | Illinois State Police regardless of outcome. To receive a |
| 8 | | FOID reinstatement mental health evaluation, a person must |
| 9 | | provide written consent for the evaluation and for the |
| 10 | | results to be disclosed to the Illinois State Police. The |
| 11 | | person receiving a FOID reinstatement mental health |
| 12 | | evaluation shall provide, or approve the sharing of, all |
| 13 | | collateral records to the FOID reinstatement mental health |
| 14 | | evaluator making the certification, and the person shall |
| 15 | | attest, by signature, that all collateral records have |
| 16 | | been provided to the FOID reinstatement mental health |
| 17 | | evaluator before the FOID reinstatement mental health |
| 18 | | evaluation. The FOID reinstatement mental health |
| 19 | | evaluator, as part of the certification, shall attest that |
| 20 | | the FOID reinstatement mental health evaluator has |
| 21 | | requested, received, reviewed, and considered all of the |
| 22 | | person's collateral records known to the FOID |
| 23 | | reinstatement mental health evaluator in making the |
| 24 | | determination that the person is not a clear and present |
| 25 | | danger to self or others. In addition, the FOID |
| 26 | | reinstatement mental health evaluator shall identify the |
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| 1 | | types of collateral records received. The FOID |
| 2 | | reinstatement mental health evaluator shall not redisclose |
| 3 | | information contained in the collateral records. If no |
| 4 | | collateral records are obtained, the FOID reinstatement |
| 5 | | mental health evaluator must document the efforts used to |
| 6 | | obtain the collateral records. The FOID reinstatement |
| 7 | | mental health evaluator physician, clinical psychologist, |
| 8 | | advanced practice psychiatric nurse, or qualified examiner |
| 9 | | making the certification and his or her employer shall not |
| 10 | | be held criminally, civilly, or professionally liable for |
| 11 | | making or not making the certification required under this |
| 12 | | subsection, except for willful or wanton misconduct. This |
| 13 | | subsection does not apply to a person whose firearm |
| 14 | | possession rights have been restored through |
| 15 | | administrative or judicial action under Section 10 or 11 |
| 16 | | of this Act. The results of all FOID reinstatement mental |
| 17 | | health evaluations that are performed under this |
| 18 | | subsection (u) on or after the effective date of this |
| 19 | | amendatory Act of the 104th General Assembly shall be |
| 20 | | transmitted to the Illinois State Police. A FOID |
| 21 | | reinstatement mental health evaluator who complies with |
| 22 | | the requirements of this subsection and documents |
| 23 | | reasonable attempts to obtain collateral records shall not |
| 24 | | be subject to professional discipline, civil liability, or |
| 25 | | criminal liability based on: (1) the person's failure to |
| 26 | | disclose all treatment history; (2) the existence of |
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| 1 | | collateral records that were not identified by the person |
| 2 | | and not discovered through the FOID reinstatement mental |
| 3 | | health evaluator's documented reasonable attempts; or (3) |
| 4 | | the FOID reinstatement mental health evaluator's |
| 5 | | determination that was made in good faith based on |
| 6 | | information available at the time of the evaluation, even |
| 7 | | if additional records are later discovered. This liability |
| 8 | | protection shall not apply in cases of willful or wanton |
| 9 | | misconduct. The Illinois State Police may request all |
| 10 | | records or documentation from the Department of Financial |
| 11 | | and Professional Regulation and the FOID reinstatement |
| 12 | | mental health evaluator to confirm that an individual is |
| 13 | | qualified to perform FOID reinstatement mental health |
| 14 | | evaluations under subsection (u) of Section 8 as a FOID |
| 15 | | reinstatement mental health evaluator; or |
| 16 | | (v) A person who fails 2 or more times to report a loss |
| 17 | | or theft of a firearm within 48 hours of the discovery of |
| 18 | | such loss or theft to local law enforcement as required |
| 19 | | under subsection (a) of Section 24-4.1 of the Criminal |
| 20 | | Code of 2012. |
| 21 | | Upon revocation of a person's Firearm Owner's |
| 22 | | Identification Card, the Illinois State Police shall provide |
| 23 | | notice to the person and the person shall comply with Section |
| 24 | | 9.5 of this Act. |
| 25 | | (Source: P.A. 104-31, eff. 1-1-26; 104-270, eff. 8-15-25; |
| 26 | | revised 11-21-25.)". |