Bill Amendment: IL HB5209 | 2025-2026 | 104th General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: FOID-MENTAL HEALTH

Status: 2026-05-31 - Rule 19(a) / Re-referred to Rules Committee [HB5209 Detail]

Download: Illinois-2025-HB5209-House_Amendment_002.html

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Rep. Maura Hirschauer

Filed: 5/15/2026

 

 

 

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AMENDMENT TO HOUSE BILL 5209
AMENDMENT NO. ______. Amend House Bill 5209 by replacing
everything after the enacting clause with the following:
"Section 5. The Firearm Owners Identification Card Act is
amended by changing Sections 1.1 and 8 as follows:
(430 ILCS 65/1.1)
Sec. 1.1. For purposes of this Act:
"Addicted to narcotics" means a person who has been:
(1) convicted of an offense involving the use or
possession of cannabis, a controlled substance, or
methamphetamine within the past year; or
(2) determined by the Illinois State Police to be
addicted to narcotics based upon federal law or federal
guidelines.
"Addicted to narcotics" does not include possession or use
of a prescribed controlled substance under the direction and

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authority of a physician or other person authorized to
prescribe the controlled substance when the controlled
substance is used in the prescribed manner.
"Adjudicated as a person with a mental disability" means
the person is the subject of a determination by a court, board,
commission or other lawful authority that the person, as a
result of marked subnormal intelligence, or mental illness,
mental impairment, incompetency, condition, or disease:
(1) presents a clear and present danger to himself,
herself, or to others;
(2) lacks the mental capacity to manage his or her own
affairs or is adjudicated a person with a disability as
defined in Section 11a-2 of the Probate Act of 1975;
(3) is not guilty in a criminal case by reason of
insanity, mental disease or defect;
(3.5) is guilty but mentally ill, as provided in
Section 5-2-6 of the Unified Code of Corrections;
(4) is incompetent to stand trial in a criminal case;
(5) is not guilty by reason of lack of mental
responsibility under Articles 50a and 72b of the Uniform
Code of Military Justice, 10 U.S.C. 850a, 876b;
(6) is a sexually violent person under subsection (f)
of Section 5 of the Sexually Violent Persons Commitment
Act;
(7) is a sexually dangerous person under the Sexually
Dangerous Persons Act;

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(8) is unfit to stand trial under the Juvenile Court
Act of 1987;
(9) is not guilty by reason of insanity under the
Juvenile Court Act of 1987;
(10) is subject to involuntary admission as an
inpatient as defined in Section 1-119 of the Mental Health
and Developmental Disabilities Code;
(11) is subject to involuntary admission as an
outpatient as defined in Section 1-119.1 of the Mental
Health and Developmental Disabilities Code;
(12) is subject to judicial admission as set forth in
Section 4-500 of the Mental Health and Developmental
Disabilities Code; or
(13) is subject to the provisions of the Interstate
Agreements on Sexually Dangerous Persons Act.
"Advanced practice psychiatric nurse" has the meaning
ascribed to that term in Section 1-101.3 of the Mental Health
and Developmental Disabilities Code.
"Clear and present danger" means a person who:
(1) communicates a serious threat of physical violence
against a reasonably identifiable victim or poses a clear
and imminent risk of serious physical injury to himself,
herself, or another person as determined by a physician,
clinical psychologist, advanced practice psychiatric
nurse, or qualified examiner; or
(2) demonstrates threatening physical or verbal

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behavior, such as violent, suicidal, or assaultive
threats, actions, or other behavior, as determined by a
physician, clinical psychologist, advanced practice
psychiatric nurse, qualified examiner, school
administrator, or law enforcement official.
"Clinical psychologist" has the meaning provided in
Section 1-103 of the Mental Health and Developmental
Disabilities Code.
"Collateral records" means (1) any medical records related
to the patient's current and past clinical or mental status
and history from the last 5 years from all current and prior
physicians, qualified examiners, clinical psychologists,
advanced practice psychiatric nurses, or any other individuals
who provided health care services, as that term is defined in
Managed Care Reform and Patient Rights Act, to the patient and
(2) correspondence or other communication between the FOID
reinstatement mental health evaluator and the patient's
current and prior physicians, qualified examiners, clinical
psychologists, advanced practice psychiatric nurses, or any
other individuals who provided health care services, as that
term is defined in Managed Care Reform and Patient Rights Act,
to the patient, if any.
"Controlled substance" means a controlled substance or
controlled substance analog as defined in the Illinois
Controlled Substances Act.
"Counterfeit" means to copy or imitate, without legal

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authority, with intent to deceive.
"Department of Financial and Professional
Regulation-approved continuing education sponsor" means a
person, firm, association, corporation, or any other group
which is approved by the Department of Financial and
Professional Regulation to coordinate and present continuing
education courses or programs.
"Developmental disability" means a severe, chronic
disability of an individual that:
(1) is attributable to a mental or physical impairment
or combination of mental and physical impairments;
(2) is manifested before the individual attains age
22;
(3) is likely to continue indefinitely;
(4) results in substantial functional limitations in 3
or more of the following areas of major life activity:
(A) Self-care.
(B) Receptive and expressive language.
(C) Learning.
(D) Mobility.
(E) Self-direction.
(F) Capacity for independent living.
(G) Economic self-sufficiency; and
(5) reflects the individual's need for a combination
and sequence of special, interdisciplinary, or generic
services, individualized supports, or other forms of

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assistance that are of lifelong or extended duration and
are individually planned and coordinated.
"Federally licensed firearm dealer" means a person who is
licensed as a federal firearms dealer under Section 923 of the
federal Gun Control Act of 1968 (18 U.S.C. 923).
"Firearm" means any device, by whatever name known, which
is designed to expel a projectile or projectiles by the action
of an explosion, expansion of gas or escape of gas; excluding,
however:
(1) any pneumatic gun, spring gun, paint ball gun, or
B-B gun which expels a single globular projectile not
exceeding .18 inch in diameter or which has a maximum
muzzle velocity of less than 700 feet per second;
(1.1) any pneumatic gun, spring gun, paint ball gun,
or B-B gun which expels breakable paint balls containing
washable marking colors;
(2) any device used exclusively for signaling or
safety and required or recommended by the United States
Coast Guard or the Interstate Commerce Commission;
(3) any device used exclusively for the firing of stud
cartridges, explosive rivets or similar industrial
ammunition; and
(4) an antique firearm (other than a machine-gun)
which, although designed as a weapon, the Illinois State
Police finds by reason of the date of its manufacture,
value, design, and other characteristics is primarily a

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collector's item and is not likely to be used as a weapon.
"Firearm ammunition" means any self-contained cartridge or
shotgun shell, by whatever name known, which is designed to be
used or adaptable to use in a firearm; excluding, however:
(1) any ammunition exclusively designed for use with a
device used exclusively for signaling or safety and
required or recommended by the United States Coast Guard
or the Interstate Commerce Commission; and
(2) any ammunition designed exclusively for use with a
stud or rivet driver or other similar industrial
ammunition.
"FOID reinstatement mental health evaluation" means a
mental health evaluation performed for the purpose of Firearm
Owner's Identification Card reinstatement by a FOID
reinstatement mental health evaluator during at least 2 office
visits on separate, nonconsecutive days. "FOID reinstatement
mental health evaluation" includes a mental health evaluation
that may require more than 2 office visits, subject to the
professional discretion of the FOID reinstatement mental
health evaluator conducting the FOID reinstatement mental
health evaluation.
"FOID reinstatement mental health evaluator" means an
individual who:
(1) is a qualified examiner, a licensed clinical
psychologist under the Clinical Psychologist Licensing
Act, a licensed advanced practice psychiatric nurse under

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the Nurse Practice Act, or a physician licensed to
practice medicine in all its branches under the Medical
Practice Act of 1987 who is board-certified in psychiatry
by the American Board of Psychiatry and Neurology or the
American Osteopathic Board of Neurology and Psychiatry;
(2) has successfully completed at least 3 hours of
continuing education, provided by a Department of
Financial and Professional Regulation-approved continuing
education sponsor, that included education regarding
suicide prevention and trauma evaluation;
(3) has successfully completed training on mental
health reporting under this Act, provided by the
Department of Human Services or a third-party training
provider that has been approved by the Department of Human
Services, and has successfully completed training on the
issuance, revocation, and reinstatement of Firearm Owners
Identification Cards under this Act, provided by the
Illinois State Police or a third-party training provider
that has been approved by the Illinois State Police; and
(4) maintains a practice location within the State of
Illinois or is authorized to provide telehealth services
to Illinois residents in compliance with Illinois law.
"FOID reinstatement mental health evaluator" does not
include an individual practicing in Illinois under temporary
practice authority, reciprocity provisions, interstate compact
provisions, or any other mechanism that does not constitute

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full Illinois licensure.
"Gun show" means an event or function:
(1) at which the sale and transfer of firearms is the
regular and normal course of business and where 50 or more
firearms are displayed, offered, or exhibited for sale,
transfer, or exchange; or
(2) at which not less than 10 gun show vendors
display, offer, or exhibit for sale, sell, transfer, or
exchange firearms.
"Gun show" includes the entire premises provided for an
event or function, including parking areas for the event or
function, that is sponsored to facilitate the purchase, sale,
transfer, or exchange of firearms as described in this
Section. Nothing in this definition shall be construed to
exclude a gun show held in conjunction with competitive
shooting events at the World Shooting Complex sanctioned by a
national governing body in which the sale or transfer of
firearms is authorized under subparagraph (5) of paragraph (g)
of subsection (A) of Section 24-3 of the Criminal Code of 2012.
Unless otherwise expressly stated, "gun show" does not
include training or safety classes, competitive shooting
events, such as rifle, shotgun, or handgun matches, trap,
skeet, or sporting clays shoots, dinners, banquets, raffles,
or any other event where the sale or transfer of firearms is
not the primary course of business.
"Gun show promoter" means a person who organizes or

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operates a gun show.
"Gun show vendor" means a person who exhibits, sells,
offers for sale, transfers, or exchanges any firearms at a gun
show, regardless of whether the person arranges with a gun
show promoter for a fixed location from which to exhibit,
sell, offer for sale, transfer, or exchange any firearm.
"Intellectual disability" means significantly subaverage
general intellectual functioning, existing concurrently with
deficits in adaptive behavior and manifested during the
developmental period, which is defined as before the age of
22, that adversely affects a child's educational performance.
"Involuntarily admitted" has the meaning as prescribed in
Sections 1-119 and 1-119.1 of the Mental Health and
Developmental Disabilities Code.
"Mental health facility" means any licensed private
hospital or hospital affiliate, institution, or facility, or
part thereof, and any facility, or part thereof, operated by
the State or a political subdivision thereof which provides
treatment of persons with mental illness and includes all
hospitals, institutions, clinics, evaluation facilities,
mental health centers, colleges, universities, long-term care
facilities, and nursing homes, or parts thereof, which provide
treatment of persons with mental illness whether or not the
primary purpose is to provide treatment of persons with mental
illness.
"National governing body" means a group of persons who

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adopt rules and formulate policy on behalf of a national
firearm sporting organization.
"Noncitizen" means a person who is not a citizen of the
United States, but is a person who is a foreign-born person who
lives in the United States, has not been naturalized, and is
still a citizen of a foreign country.
"Patient" means:
(1) a person who is admitted as an inpatient or
resident of a public or private mental health facility for
mental health treatment under Chapter III of the Mental
Health and Developmental Disabilities Code as an informal
admission, a voluntary admission, a minor admission, an
emergency admission, or an involuntary admission, unless
the treatment was solely for an alcohol abuse disorder; or
(2) a person who voluntarily or involuntarily receives
mental health treatment as an out-patient or is otherwise
provided services by a public or private mental health
facility and who poses a clear and present danger to
himself, herself, or others.
"Physician" has the meaning as defined in Section 1-120 of
the Mental Health and Developmental Disabilities Code.
"Protective order" means any orders of protection issued
under the Illinois Domestic Violence Act of 1986, stalking no
contact orders issued under the Stalking No Contact Order Act,
civil no contact orders issued under the Civil No Contact
Order Act, and firearms restraining orders issued under the

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Firearms Restraining Order Act or a substantially similar
order issued by the court of another state, tribe, or United
States territory or military judge.
"Qualified examiner" has the meaning provided in Section
1-122 of the Mental Health and Developmental Disabilities
Code.
"Sanctioned competitive shooting event" means a shooting
contest officially recognized by a national or state shooting
sport association, and includes any sight-in or practice
conducted in conjunction with the event.
"School administrator" means the person required to report
under the School Administrator Reporting of Mental Health
Clear and Present Danger Determinations Law.
"Stun gun or taser" has the meaning ascribed to it in
Section 24-1 of the Criminal Code of 2012.
(Source: P.A. 103-154, eff. 6-30-23; 103-407, eff. 7-28-23;
104-270, eff. 8-15-25.)
(430 ILCS 65/8)
Sec. 8. Grounds for denial and revocation. The Illinois
State Police has authority to deny an application for or to
revoke and seize a Firearm Owner's Identification Card
previously issued under this Act only if the Illinois State
Police finds that the applicant or the person to whom such card
was issued is or was at the time of issuance:
(a) A person under 21 years of age who has been

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convicted of a misdemeanor other than a traffic offense or
adjudged delinquent;
(b) This subsection (b) applies through the 180th day
following July 12, 2019 (the effective date of Public Act
101-80). A person under 21 years of age who does not have
the written consent of his parent or guardian to acquire
and possess firearms and firearm ammunition, or whose
parent or guardian has revoked such written consent, or
where such parent or guardian does not qualify to have a
Firearm Owner's Identification Card;
(b-5) This subsection (b-5) applies on and after the
181st day following July 12, 2019 (the effective date of
Public Act 101-80). A person under 21 years of age who is
not an active duty member of the United States Armed
Forces or the Illinois National Guard and does not have
the written consent of his or her parent or guardian to
acquire and possess firearms and firearm ammunition, or
whose parent or guardian has revoked such written consent,
or where such parent or guardian does not qualify to have a
Firearm Owner's Identification Card;
(c) A person convicted of a felony under the laws of
this or any other jurisdiction;
(d) A person addicted to narcotics;
(e) A person who has been a patient of a mental health
facility within the past 5 years or a person who has been a
patient in a mental health facility more than 5 years ago

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who has not received the certification required under
subsection (u) of this Section. An active law enforcement
officer employed by a unit of government or a Department
of Corrections employee authorized to possess firearms who
is denied, revoked, or has his or her Firearm Owner's
Identification Card seized under this subsection (e) may
obtain relief as described in subsection (c-5) of Section
10 of this Act if the officer or employee did not act in a
manner threatening to the officer or employee, another
person, or the public as determined by the treating
clinical psychologist or physician, and the officer or
employee seeks mental health treatment;
(f) A person whose mental condition is of such a
nature that it poses a clear and present danger to the
applicant, any other person or persons, or the community;
(g) A person who has an intellectual disability;
(h) A person who intentionally makes a false statement
in the Firearm Owner's Identification Card application or
endorsement affidavit;
(i) A noncitizen who is unlawfully present in the
United States under the laws of the United States;
(i-5) A noncitizen who has been admitted to the United
States under a non-immigrant visa (as that term is defined
in Section 101(a)(26) of the Immigration and Nationality
Act (8 U.S.C. 1101(a)(26))), except that this subsection
(i-5) does not apply to any noncitizen who has been

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lawfully admitted to the United States under a
non-immigrant visa if that noncitizen is:
(1) admitted to the United States for lawful
hunting or sporting purposes;
(2) an official representative of a foreign
government who is:
(A) accredited to the United States Government
or the Government's mission to an international
organization having its headquarters in the United
States; or
(B) en route to or from another country to
which that noncitizen is accredited;
(3) an official of a foreign government or
distinguished foreign visitor who has been so
designated by the Department of State;
(4) a foreign law enforcement officer of a
friendly foreign government entering the United States
on official business; or
(5) one who has received a waiver from the
Attorney General of the United States pursuant to 18
U.S.C. 922(y)(3);
(j) (Blank);
(k) A person who has been convicted within the past 5
years of battery, assault, aggravated assault, violation
of an order of protection, or a substantially similar
offense in another jurisdiction, in which a firearm was

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used or possessed;
(l) A person who has been convicted of domestic
battery, aggravated domestic battery, or a substantially
similar offense in another jurisdiction committed before,
on or after January 1, 2012 (the effective date of Public
Act 97-158). If the applicant or person who has been
previously issued a Firearm Owner's Identification Card
under this Act knowingly and intelligently waives the
right to have an offense described in this paragraph (l)
tried by a jury, and by guilty plea or otherwise, results
in a conviction for an offense in which a domestic
relationship is not a required element of the offense but
in which a determination of the applicability of 18 U.S.C.
922(g)(9) is made under Section 112A-11.1 of the Code of
Criminal Procedure of 1963, an entry by the court of a
judgment of conviction for that offense shall be grounds
for denying an application for and for revoking and
seizing a Firearm Owner's Identification Card previously
issued to the person under this Act;
(m) (Blank);
(n) A person who is prohibited from acquiring or
possessing firearms or firearm ammunition by any Illinois
State statute or by federal law;
(o) A minor subject to a petition filed under Section
5-520 of the Juvenile Court Act of 1987 alleging that the
minor is a delinquent minor for the commission of an

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offense that if committed by an adult would be a felony;
(p) An adult who had been adjudicated a delinquent
minor under the Juvenile Court Act of 1987 for the
commission of an offense that if committed by an adult
would be a felony;
(q) A person who is not a resident of the State of
Illinois, except as provided in subsection (a-10) of
Section 4;
(r) A person who has been adjudicated as a person with
a mental disability;
(s) A person who has been found to have a
developmental disability;
(t) A person involuntarily admitted into a mental
health facility;
(u) A person who has had his or her Firearm Owner's
Identification Card revoked or denied under subsection (e)
of this Section or item (iv) of paragraph (2) of
subsection (a) of Section 4 of this Act because he or she
was a patient in a mental health facility as provided in
subsection (e) of this Section, shall not be permitted to
obtain a Firearm Owner's Identification Card, after the
5-year period has lapsed, unless he or she has received a
FOID reinstatement mental health evaluation mental health
evaluation by a FOID reinstatement mental health evaluator
physician, clinical psychologist, advanced practice
psychiatric nurse, or qualified examiner as those terms

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are defined in the Mental Health and Developmental
Disabilities Code, and has received a certification that
he or she is not a clear and present danger to himself,
herself, or others. The FOID reinstatement mental health
evaluator shall provide the person seeking a FOID
reinstatement mental health evaluation written notice
that, upon completion of the FOID reinstatement mental
health evaluation, the results will be sent to the
Illinois State Police regardless of outcome. To receive a
FOID reinstatement mental health evaluation, a person must
provide written consent for the evaluation and for the
results to be disclosed to the Illinois State Police. The
person receiving a FOID reinstatement mental health
evaluation shall provide, or approve the sharing of, all
collateral records to the FOID reinstatement mental health
evaluator making the certification, and the person shall
attest, by signature, that all collateral records have
been provided to the FOID reinstatement mental health
evaluator before the FOID reinstatement mental health
evaluation. The FOID reinstatement mental health
evaluator, as part of the certification, shall attest that
the FOID reinstatement mental health evaluator has
requested, received, reviewed, and considered all of the
person's collateral records known to the FOID
reinstatement mental health evaluator in making the
determination that the person is not a clear and present

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danger to self or others. In addition, the FOID
reinstatement mental health evaluator shall identify the
types of collateral records received. The FOID
reinstatement mental health evaluator shall not redisclose
information contained in the collateral records. If no
collateral records are obtained, the FOID reinstatement
mental health evaluator must document the efforts used to
obtain the collateral records. The FOID reinstatement
mental health evaluator physician, clinical psychologist,
advanced practice psychiatric nurse, or qualified examiner
making the certification and his or her employer shall not
be held criminally, civilly, or professionally liable for
making or not making the certification required under this
subsection, except for willful or wanton misconduct. This
subsection does not apply to a person whose firearm
possession rights have been restored through
administrative or judicial action under Section 10 or 11
of this Act. The results of all FOID reinstatement mental
health evaluations that are performed under this
subsection (u) on or after the effective date of this
amendatory Act of the 104th General Assembly shall be
transmitted to the Illinois State Police. A FOID
reinstatement mental health evaluator who complies with
the requirements of this subsection and documents
reasonable attempts to obtain collateral records shall not
be subject to professional discipline, civil liability, or

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criminal liability based on: (1) the person's failure to
disclose all treatment history; (2) the existence of
collateral records that were not identified by the person
and not discovered through the FOID reinstatement mental
health evaluator's documented reasonable attempts; or (3)
the FOID reinstatement mental health evaluator's
determination that was made in good faith based on
information available at the time of the evaluation, even
if additional records are later discovered. This liability
protection shall not apply in cases of willful or wanton
misconduct. To confirm that an individual is qualified to
perform FOID reinstatement mental health evaluations under
this subsection as a FOID reinstatement mental health
evaluator, the Illinois State Police shall have access to
a FOID reinstatement mental health evaluator's licensure
status from the Department of Financial and Professional
Regulation and shall request all other records or
documentation from the FOID reinstatement mental health
evaluator; or
(v) A person who fails 2 or more times to report a loss
or theft of a firearm within 48 hours of the discovery of
such loss or theft to local law enforcement as required
under subsection (a) of Section 24-4.1 of the Criminal
Code of 2012.
Upon revocation of a person's Firearm Owner's
Identification Card, the Illinois State Police shall provide

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