Bill Text: IL SB2334 | 2023-2024 | 103rd General Assembly | Introduced

---

Bill Title: Amends the Firearm Owners Identification Card Act. Provides that notwithstanding any other provision of the Act to the contrary, on or after the effective date of the amendatory Act, the Illinois State Police may not revoke a Firearm Owner's Identification Card. Provides that on or after the effective date of the amendatory Act, a Firearm Owner's Identification Card may only be revoked after a Firearm Owner's Identification Card hearing has been held in the circuit court of the county of residence of the person whose Firearm Owner's Identification Card is sought to be revoked. Provides that if the State's Attorney of the county of residence of the person whose Firearm Owner's Identification Card is sought to be revoked has probable cause to believe that the person who has been issued a Firearm Owner's Identification Card is no longer eligible for the Card under the Act, the State's Attorney shall file a petition in the circuit court of the county of residence of the person whose Card is sought to be revoked. Provides that at the hearing, the person may present evidence in his or her favor seeking retention of his or her Firearm Owner's Identification Card and the Illinois State Police and State's Attorney may present evidence for revocation. Provides that the hearing shall be a civil proceeding and subject to due process, the Code of Civil Procedure, and the Illinois Rules of Evidence as adopted by the Supreme Court. Provides that the hearing shall be held within 45 days after the filing of the petition. Provides that if the circuit court determines, by clear and convincing evidence, that the person is ineligible for retention of his or her Firearm Owner's Identification Card under the Act, the court shall order the Illinois State Police to immediately revoke the Card and the circuit clerk shall seize the Card and transmit the Card to the Illinois State Police. Establishes procedures for the Illinois State Police to suspend a Firearm Owner's Identification Card Act.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2023-02-10 - Referred to Assignments [SB2334 Detail]

Download: Illinois-2023-SB2334-Introduced.html

---

103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2334 Introduced 2/10/2023, by Sen. Terri Bryant SYNOPSIS AS INTRODUCED:
430 ILCS 65/8 from Ch. 38, par. 83-8
430 ILCS 65/8.1 from Ch. 38, par. 83-8.1
430 ILCS 65/8.2
430 ILCS 65/8.3
430 ILCS 65/10 from Ch. 38, par. 83-10
Amends the Firearm Owners Identification Card Act. Provides that notwithstanding any other provision of the Act to the contrary, on or after the effective date of the amendatory Act, the Illinois State Police may not revoke a Firearm Owner's Identification Card. Provides that on or after the effective date of the amendatory Act, a Firearm Owner's Identification Card may only be revoked after a Firearm Owner's Identification Card hearing has been held in the circuit court of the county of residence of the person whose Firearm Owner's Identification Card is sought to be revoked. Provides that if the State's Attorney of the county of residence of the person whose Firearm Owner's Identification Card is sought to be revoked has probable cause to believe that the person who has been issued a Firearm Owner's Identification Card is no longer eligible for the Card under the Act, the State's Attorney shall file a petition in the circuit court of the county of residence of the person whose Card is sought to be revoked. Provides that at the hearing, the person may present evidence in his or her favor seeking retention of his or her Firearm Owner's Identification Card and the Illinois State Police and State's Attorney may present evidence for revocation. Provides that the hearing shall be a civil proceeding and subject to due process, the Code of Civil Procedure, and the Illinois Rules of Evidence as adopted by the Supreme Court. Provides that the hearing shall be held within 45 days after the filing of the petition. Provides that if the circuit court determines, by clear and convincing evidence, that the person is ineligible for retention of his or her Firearm Owner's Identification Card under the Act, the court shall order the Illinois State Police to immediately revoke the Card and the circuit clerk shall seize the Card and transmit the Card to the Illinois State Police. Establishes procedures for the Illinois State Police to suspend a Firearm Owner's Identification Card Act.
LRB103 30561 RLC 56995 b
A BILL FOR
SB2334 LRB103 30561 RLC 56995 b
AN ACT concerning safety.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Firearm Owners Identification Card Act is
amended by changing Sections 8, 8.1, 8.2, 8.3, and 10 as
follows:
(430 ILCS 65/8) (from Ch. 38, par. 83-8)
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 and the circuit court of the
county of the person's residence has the authority to revoke
and order the seizure of the person's Firearm Owner's
Identification Card under subsection (g) of Section 10 only if
the Illinois State Police or circuit court 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
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

SB2334 - 2 - LRB103 30561 RLC 56995 b
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
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

SB2334 - 3 - LRB103 30561 RLC 56995 b
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
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

SB2334 - 4 - LRB103 30561 RLC 56995 b
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
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

SB2334 - 5 - LRB103 30561 RLC 56995 b
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
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;

SB2334 - 6 - LRB103 30561 RLC 56995 b
(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; or
(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
mental health evaluation by a physician, clinical
psychologist, or qualified examiner as those terms 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 physician, clinical psychologist,
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

SB2334 - 7 - LRB103 30561 RLC 56995 b
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.
Upon revocation of a person's Firearm Owner's
Identification Card, the Illinois State Police shall provide
notice to the person and the person shall comply with Section
9.5 of this Act.
(Source: P.A. 101-80, eff. 7-12-19; 102-538, eff. 8-20-21;
102-645, eff. 1-1-22; 102-813, eff. 5-13-22; 102-1030, eff.
5-27-22; 102-1116, eff. 1-10-23.)
(430 ILCS 65/8.1) (from Ch. 38, par. 83-8.1)
Sec. 8.1. Notifications to the Illinois State Police and
State's Attorney.
(a) The Circuit Clerk shall, in the form and manner
required by the Supreme Court, notify the Illinois State
Police and the State's Attorney of the county of residence of
the person for which the disposition is applicable of all
final dispositions of cases for which the Illinois State
Police Department has received information reported to it
under Sections 2.1 and 2.2 of the Criminal Identification Act.
(b) Upon adjudication of any individual as a person with a
mental disability as defined in Section 1.1 of this Act or a
finding that a person has been involuntarily admitted, the

SB2334 - 8 - LRB103 30561 RLC 56995 b
court shall direct the circuit court clerk to immediately
notify the Illinois State Police, Firearm Owner's
Identification (FOID) department and the State's Attorney of
the county of residence of the person adjudicated with the
mental disability or involuntarily admitted, and shall forward
a copy of the court order to the Illinois State Police
Department.
(b-1) Beginning July 1, 2016, and each July 1 and December
30 of every year thereafter, the circuit court clerk shall, in
the form and manner prescribed by the Illinois State Police,
notify the Illinois State Police, Firearm Owner's
Identification (FOID) department if the court has not directed
the circuit court clerk to notify the Illinois State Police,
Firearm Owner's Identification (FOID) department under
subsection (b) of this Section, within the preceding 6 months,
because no person has been adjudicated as a person with a
mental disability by the court as defined in Section 1.1 of
this Act or if no person has been involuntarily admitted. The
Supreme Court may adopt any orders or rules necessary to
identify the persons who shall be reported to the Illinois
State Police under subsection (b), or any other orders or
rules necessary to implement the requirements of this Act.
(c) The Department of Human Services shall, in the form
and manner prescribed by the Illinois State Police, report all
information collected under subsection (b) of Section 12 of
the Mental Health and Developmental Disabilities

SB2334 - 9 - LRB103 30561 RLC 56995 b
Confidentiality Act for the purpose of determining whether a
person who may be or may have been a patient in a mental health
facility is disqualified under State or federal law from
receiving or retaining a Firearm Owner's Identification Card,
or purchasing a weapon.
(d) If a person is determined to pose a clear and present
danger to himself, herself, or to others:
(1) by a physician, clinical psychologist, or
qualified examiner, or is determined to have a
developmental disability by a physician, clinical
psychologist, or qualified examiner, whether employed by
the State or privately, then the physician, clinical
psychologist, or qualified examiner shall, within 24 hours
of making the determination, notify the Department of
Human Services that the person poses a clear and present
danger or has a developmental disability; or
(2) by a law enforcement official or school
administrator, then the law enforcement official or school
administrator shall, within 24 hours of making the
determination, notify the Illinois State Police and the
State's Attorney of the county of residence that the
person poses a clear and present danger.
The Department of Human Services shall immediately update
its records and information relating to mental health and
developmental disabilities, and if appropriate, shall notify
the Illinois State Police in a form and manner prescribed by

SB2334 - 10 - LRB103 30561 RLC 56995 b
the Illinois State Police and the State's Attorney of the
county of residence of the person. The State's Attorney of the
county of residence of the person Illinois State Police shall
determine whether to seek a hearing before the circuit court
of residence of the person to revoke the person's Firearm
Owner's Identification Card under Section 8 of this Act. Any
information disclosed under this subsection shall remain
privileged and confidential, and shall not be redisclosed,
except as required under subsection (e) of Section 3.1 of this
Act, nor used for any other purpose. The method of providing
this information shall guarantee that the information is not
released beyond what is necessary for the purpose of this
Section and shall be provided by rule by the Department of
Human Services. The identity of the person reporting under
this Section shall not be disclosed to the subject of the
report. The physician, clinical psychologist, qualified
examiner, law enforcement official, or school administrator
making the determination and his or her employer shall not be
held criminally, civilly, or professionally liable for making
or not making the notification required under this subsection,
except for willful or wanton misconduct.
(e) The Supreme Court Illinois State Police shall adopt
rules to implement this Section.
(Source: P.A. 102-538, eff. 8-20-21.)
(430 ILCS 65/8.2)

SB2334 - 11 - LRB103 30561 RLC 56995 b
Sec. 8.2. Firearm Owner's Identification Card denial,
suspension, or revocation. The Illinois State Police shall
deny an application or shall suspend or revoke and seize a
Firearm Owner's Identification Card previously issued under
this Act if the Department finds that the applicant or person
to whom such card was issued is or was at the time of issuance
subject to a protective order issued under the laws of this or
any other jurisdiction. When the duration of the protective
order is expected to be less than 45 days one year, the
Illinois State Police may suspend the Firearm Owner's
Identification Card under Section 8.3 of the Act and shall
reinstate it upon conclusion of the suspension if no other
grounds for denial or revocation are found under Section 8 of
the Act.
(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21.)
(430 ILCS 65/8.3)
Sec. 8.3. Suspension of Firearm Owner's Identification
Card. The Illinois State Police may suspend the Firearm
Owner's Identification Card of a person whose Firearm Owner's
Identification Card is subject to revocation and seizure under
this Act for a period of not less than 30 days and not more
than 45 days. The Illinois State Police shall schedule a
revocation hearing with the clerk of the circuit court and the
State's Attorney of the county of the person's residence not
less than 30 days and not more than 45 days after the

SB2334 - 12 - LRB103 30561 RLC 56995 b
suspension of the person's Firearm Owner's Identification
Card. If the hearing is not scheduled within that 45-day
period, the Illinois State Police shall reinstate the person's
Firearm Owner's Identification Card and may not seek
revocation of that person's Firearm Owner's Identification
Card. The hearing shall be conducted in the manner provided in
subsection (g) of Section 10 the duration of the
disqualification if the disqualification is not a permanent
ground grounds for revocation of a Firearm Owner's
Identification Card under this Act. The Illinois State Police
may adopt rules necessary to implement this Section.
(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
102-813, eff. 5-13-22; revised 8-24-22.)
(430 ILCS 65/10) (from Ch. 38, par. 83-10)
Sec. 10. Appeals; hearing; relief from firearm
prohibitions.
(a) Whenever an application for a Firearm Owner's
Identification Card is denied or whenever such a Card is
revoked or seized as provided for in Section 8 of this Act, the
aggrieved party may (1) file a record challenge with the
Director regarding the record upon which the decision to deny
or revoke the Firearm Owner's Identification Card was based
under subsection (a-5); or (2) appeal to the Director of the
Illinois State Police through December 31, 2022, or beginning
January 1, 2023, the Firearm Owner's Identification Card

SB2334 - 13 - LRB103 30561 RLC 56995 b
Review Board for a hearing seeking relief from such denial or
revocation unless the denial or revocation was based upon a
forcible felony, stalking, aggravated stalking, domestic
battery, any violation of the Illinois Controlled Substances
Act, the Methamphetamine Control and Community Protection Act,
or the Cannabis Control Act that is classified as a Class 2 or
greater felony, any felony violation of Article 24 of the
Criminal Code of 1961 or the Criminal Code of 2012, or any
adjudication as a delinquent minor for the commission of an
offense that if committed by an adult would be a felony, in
which case the aggrieved party may petition the circuit court
in writing in the county of his or her residence for a hearing
seeking relief from such denial or revocation.
(a-5) There is created a Firearm Owner's Identification
Card Review Board to consider any appeal under subsection (a)
beginning January 1, 2023, other than an appeal directed to
the circuit court and except when the applicant is challenging
the record upon which the decision to deny or revoke was based
as provided in subsection (a-10).
(0.05) In furtherance of the policy of this Act that
the Board shall exercise its powers and duties in an
independent manner, subject to the provisions of this Act
but free from the direction, control, or influence of any
other agency or department of State government. All
expenses and liabilities incurred by the Board in the
performance of its responsibilities hereunder shall be

SB2334 - 14 - LRB103 30561 RLC 56995 b
paid from funds which shall be appropriated to the Board
by the General Assembly for the ordinary and contingent
expenses of the Board.
(1) The Board shall consist of 7 members appointed by
the Governor, with the advice and consent of the Senate,
with 3 members residing within the First Judicial District
and one member residing within each of the 4 remaining
Judicial Districts. No more than 4 members shall be
members of the same political party. The Governor shall
designate one member as the chairperson. The Board shall
consist of:
(A) one member with at least 5 years of service as
a federal or State judge;
(B) one member with at least 5 years of experience
serving as an attorney with the United States
Department of Justice, or as a State's Attorney or
Assistant State's Attorney;
(C) one member with at least 5 years of experience
serving as a State or federal public defender or
assistant public defender;
(D) three members with at least 5 years of
experience as a federal, State, or local law
enforcement agent or as an employee with investigative
experience or duties related to criminal justice under
the United States Department of Justice, Drug
Enforcement Administration, Department of Homeland

SB2334 - 15 - LRB103 30561 RLC 56995 b
Security, Federal Bureau of Investigation, or a State
or local law enforcement agency; and
(E) one member with at least 5 years of experience
as a licensed physician or clinical psychologist with
expertise in the diagnosis and treatment of mental
illness.
(2) The terms of the members initially appointed after
January 1, 2022 (the effective date of Public Act 102-237)
shall be as follows: one of the initial members shall be
appointed for a term of one year, 3 shall be appointed for
terms of 2 years, and 3 shall be appointed for terms of 4
years. Thereafter, members shall hold office for 4 years,
with terms expiring on the second Monday in January
immediately following the expiration of their terms and
every 4 years thereafter. Members may be reappointed.
Vacancies in the office of member shall be filled in the
same manner as the original appointment, for the remainder
of the unexpired term. The Governor may remove a member
for incompetence, neglect of duty, malfeasance, or
inability to serve. Members shall receive compensation in
an amount equal to the compensation of members of the
Executive Ethics Commission and, beginning July 1, 2023,
shall be compensated from appropriations provided to the
Comptroller for this purpose. Members may be reimbursed,
from funds appropriated for such a purpose, for reasonable
expenses actually incurred in the performance of their

SB2334 - 16 - LRB103 30561 RLC 56995 b
Board duties. The Illinois State Police shall designate an
employee to serve as Executive Director of the Board and
provide logistical and administrative assistance to the
Board.
(3) The Board shall meet at least quarterly each year
and at the call of the chairperson as often as necessary to
consider appeals of decisions made with respect to
applications for a Firearm Owner's Identification Card
under this Act. If necessary to ensure the participation
of a member, the Board shall allow a member to participate
in a Board meeting by electronic communication. Any member
participating electronically shall be deemed present for
purposes of establishing a quorum and voting.
(4) The Board shall adopt rules for the review of
appeals and the conduct of hearings. The Board shall
maintain a record of its decisions and all materials
considered in making its decisions. All Board decisions
and voting records shall be kept confidential and all
materials considered by the Board shall be exempt from
inspection except upon order of a court.
(5) In considering an appeal, the Board shall review
the materials received concerning the denial or revocation
by the Illinois State Police. By a vote of at least 4
members, the Board may request additional information from
the Illinois State Police or the applicant or the
testimony of the Illinois State Police or the applicant.

SB2334 - 17 - LRB103 30561 RLC 56995 b
The Board may require that the applicant submit electronic
fingerprints to the Illinois State Police for an updated
background check if the Board determines it lacks
sufficient information to determine eligibility. The Board
may consider information submitted by the Illinois State
Police, a law enforcement agency, or the applicant. The
Board shall review each denial or revocation and determine
by a majority of members whether an applicant should be
granted relief under subsection (c).
(6) The Board shall by order issue summary decisions.
The Board shall issue a decision within 45 days of
receiving all completed appeal documents from the Illinois
State Police and the applicant. However, the Board need
not issue a decision within 45 days if:
(A) the Board requests information from the
applicant, including, but not limited to, electronic
fingerprints to be submitted to the Illinois State
Police, in accordance with paragraph (5) of this
subsection, in which case the Board shall make a
decision within 30 days of receipt of the required
information from the applicant;
(B) the applicant agrees, in writing, to allow the
Board additional time to consider an appeal; or
(C) the Board notifies the applicant and the
Illinois State Police that the Board needs an
additional 30 days to issue a decision. The Board may

SB2334 - 18 - LRB103 30561 RLC 56995 b
only issue 2 extensions under this subparagraph (C).
The Board's notification to the applicant and the
Illinois State Police shall include an explanation for
the extension.
(7) If the Board determines that the applicant is
eligible for relief under subsection (c), the Board shall
notify the applicant and the Illinois State Police that
relief has been granted and the Illinois State Police
shall issue the Card.
(8) Meetings of the Board shall not be subject to the
Open Meetings Act and records of the Board shall not be
subject to the Freedom of Information Act.
(9) The Board shall report monthly to the Governor and
the General Assembly on the number of appeals received and
provide details of the circumstances in which the Board
has determined to deny Firearm Owner's Identification
Cards under this subsection (a-5). The report shall not
contain any identifying information about the applicants.
(a-10) Whenever an applicant or cardholder is not seeking
relief from a firearms prohibition under subsection (c) but
rather does not believe the applicant is appropriately denied
or revoked and is challenging the record upon which the
decision to deny or revoke the Firearm Owner's Identification
Card was based, or whenever the Illinois State Police fails to
act on an application within 30 days of its receipt, the
applicant shall file such challenge with the Director. The

SB2334 - 19 - LRB103 30561 RLC 56995 b
Director shall render a decision within 60 business days of
receipt of all information supporting the challenge. The
Illinois State Police shall adopt rules for the review of a
record challenge.
(b) At least 30 days before any hearing in the circuit
court, the petitioner shall serve the relevant State's
Attorney with a copy of the petition. The State's Attorney may
object to the petition and present evidence. At the hearing,
the court shall determine whether substantial justice has been
done. Should the court determine that substantial justice has
not been done, the court shall issue an order directing the
Illinois State Police to issue a Card. However, the court
shall not issue the order if the petitioner is otherwise
prohibited from obtaining, possessing, or using a firearm
under federal law.
(c) Any person prohibited from possessing a firearm under
Sections 24-1.1 or 24-3.1 of the Criminal Code of 2012 or
acquiring a Firearm Owner's Identification Card under Section
8 of this Act may apply to the Firearm Owner's Identification
Card Review Board or petition the circuit court in the county
where the petitioner resides, whichever is applicable in
accordance with subsection (a) of this Section, requesting
relief from such prohibition and the Board or court may grant
such relief if it is established by the applicant to the
court's or the Board's satisfaction that:
(0.05) when in the circuit court, the State's Attorney

SB2334 - 20 - LRB103 30561 RLC 56995 b
has been served with a written copy of the petition at
least 30 days before any such hearing in the circuit court
and at the hearing the State's Attorney was afforded an
opportunity to present evidence and object to the
petition;
(1) the applicant has not been convicted of a forcible
felony under the laws of this State or any other
jurisdiction within 20 years of the applicant's
application for a Firearm Owner's Identification Card, or
at least 20 years have passed since the end of any period
of imprisonment imposed in relation to that conviction;
(2) the circumstances regarding a criminal conviction,
where applicable, the applicant's criminal history and his
reputation are such that the applicant will not be likely
to act in a manner dangerous to public safety;
(3) granting relief would not be contrary to the
public interest; and
(4) granting relief would not be contrary to federal
law.
(c-5) (1) An active law enforcement officer employed by a
unit of government or a Department of Corrections employee
authorized to possess firearms who is denied a , revoked, or
has his or her Firearm Owner's Identification Card seized
under subsection (e) of Section 8 of this Act may apply to the
Firearm Owner's Identification Card Review Board requesting
relief if the officer or employee did not act in a manner

SB2334 - 21 - LRB103 30561 RLC 56995 b
threatening to the officer or employee, another person, or the
public as determined by the treating clinical psychologist or
physician, and as a result of his or her work is referred by
the employer for or voluntarily seeks mental health evaluation
or treatment by a licensed clinical psychologist,
psychiatrist, or qualified examiner, and:
(A) the officer or employee has not received treatment
involuntarily at a mental health facility, regardless of
the length of admission; or has not been voluntarily
admitted to a mental health facility for more than 30 days
and not for more than one incident within the past 5 years;
and
(B) the officer or employee has not left the mental
institution against medical advice.
(2) The Firearm Owner's Identification Card Review Board
shall grant expedited relief to active law enforcement
officers and employees described in paragraph (1) of this
subsection (c-5) upon a determination by the Board that the
officer's or employee's possession of a firearm does not
present a threat to themselves, others, or public safety. The
Board shall act on the request for relief within 30 business
days of receipt of:
(A) a notarized statement from the officer or employee
in the form prescribed by the Board detailing the
circumstances that led to the hospitalization;
(B) all documentation regarding the admission,

SB2334 - 22 - LRB103 30561 RLC 56995 b
evaluation, treatment and discharge from the treating
licensed clinical psychologist or psychiatrist of the
officer;
(C) a psychological fitness for duty evaluation of the
person completed after the time of discharge; and
(D) written confirmation in the form prescribed by the
Board from the treating licensed clinical psychologist or
psychiatrist that the provisions set forth in paragraph
(1) of this subsection (c-5) have been met, the person
successfully completed treatment, and their professional
opinion regarding the person's ability to possess
firearms.
(3) Officers and employees eligible for the expedited
relief in paragraph (2) of this subsection (c-5) have the
burden of proof on eligibility and must provide all
information required. The Board may not consider granting
expedited relief until the proof and information is received.
(4) "Clinical psychologist", "psychiatrist", and
"qualified examiner" shall have the same meaning as provided
in Chapter I of the Mental Health and Developmental
Disabilities Code.
(c-10) (1) An applicant, who is denied a , revoked, or has
his or her Firearm Owner's Identification Card seized under
subsection (e) of Section 8 of this Act based upon a
determination of a developmental disability or an intellectual
disability may apply to the Firearm Owner's Identification

SB2334 - 23 - LRB103 30561 RLC 56995 b
Card Review Board requesting relief.
(2) The Board shall act on the request for relief within 60
business days of receipt of written certification, in the form
prescribed by the Board, from a physician or clinical
psychologist, or qualified examiner, that the aggrieved
party's developmental disability or intellectual disability
condition is determined by a physician, clinical psychologist,
or qualified to be mild. If a fact-finding conference is
scheduled to obtain additional information concerning the
circumstances of the denial or revocation, the 60 business
days the Director has to act shall be tolled until the
completion of the fact-finding conference.
(3) The Board may grant relief if the aggrieved party's
developmental disability or intellectual disability is mild as
determined by a physician, clinical psychologist, or qualified
examiner and it is established by the applicant to the Board's
satisfaction that:
(A) granting relief would not be contrary to the
public interest; and
(B) granting relief would not be contrary to federal
law.
(4) The Board may not grant relief if the condition is
determined by a physician, clinical psychologist, or qualified
examiner to be moderate, severe, or profound.
(5) The changes made to this Section by Public Act 99-29
apply to requests for relief pending on or before July 10, 2015

SB2334 - 24 - LRB103 30561 RLC 56995 b
(the effective date of Public Act 99-29), except that the
60-day period for the Director to act on requests pending
before the effective date shall begin on July 10, 2015 (the
effective date of Public Act 99-29). All appeals as provided
in subsection (a-5) pending on January 1, 2023 shall be
considered by the Board.
(d) When a minor is adjudicated delinquent for an offense
which if committed by an adult would be a felony, the court
shall notify the Illinois State Police.
(e) The court shall review the denial of an application or
the revocation of a Firearm Owner's Identification Card of a
person who has been adjudicated delinquent for an offense that
if committed by an adult would be a felony if an application
for relief has been filed at least 10 years after the
adjudication of delinquency and the court determines that the
applicant should be granted relief from disability to obtain a
Firearm Owner's Identification Card. If the court grants
relief, the court shall notify the Illinois State Police that
the disability has been removed and that the applicant is
eligible to obtain a Firearm Owner's Identification Card.
(f) Any person who is subject to the disabilities of 18
U.S.C. 922(d)(4) and 922(g)(4) of the federal Gun Control Act
of 1968 because of an adjudication or commitment that occurred
under the laws of this State or who was determined to be
subject to the provisions of subsections (e), (f), or (g) of
Section 8 of this Act may apply to the Illinois State Police

SB2334 - 25 - LRB103 30561 RLC 56995 b
requesting relief from that prohibition. The Board shall grant
the relief if it is established by a preponderance of the
evidence that the person will not be likely to act in a manner
dangerous to public safety and that granting relief would not
be contrary to the public interest. In making this
determination, the Board shall receive evidence concerning (i)
the circumstances regarding the firearms disabilities from
which relief is sought; (ii) the petitioner's mental health
and criminal history records, if any; (iii) the petitioner's
reputation, developed at a minimum through character witness
statements, testimony, or other character evidence; and (iv)
changes in the petitioner's condition or circumstances since
the disqualifying events relevant to the relief sought. If
relief is granted under this subsection or by order of a court
under this Section, the Director shall as soon as practicable
but in no case later than 15 business days, update, correct,
modify, or remove the person's record in any database that the
Illinois State Police makes available to the National Instant
Criminal Background Check System and notify the United States
Attorney General that the basis for the record being made
available no longer applies. The Illinois State Police shall
adopt rules for the administration of this Section.
(g) Notwithstanding any other provision of this Act to the
contrary, on or after the effective date of this amendatory
Act of the 103rd General Assembly, the Illinois State Police
may not revoke a Firearm Owner's Identification Card. On or

SB2334 - 26 - LRB103 30561 RLC 56995 b
after the effective date of this amendatory Act of the 103rd
General Assembly, a Firearm Owner's Identification Card may
only be revoked after a Firearm Owner's Identification Card
hearing has been held in the circuit court of the county of
residence of the person whose Firearm Owner's Identification
Card is sought to be revoked. If the State's Attorney of the
county of residence of the person whose Firearm Owner's
Identification Card is sought to be revoked has probable cause
to believe that the person who has been issued a Firearm
Owner's Identification Card is no longer eligible for the Card
under Section 8, the State's Attorney shall file a petition in
the circuit court of the county of residence of the person
whose Card is sought to be revoked. At the hearing, the person
may present evidence in his or her favor seeking retention of
his or her Firearm Owner's Identification Card and the
Illinois State Police and State's Attorney may present
evidence for revocation. The hearing shall be a civil
proceeding and subject to due process, the Code of Civil
Procedure, and the Illinois Rules of Evidence as adopted by
the Supreme Court. The hearing shall be held within 45 days
after the filing of the petition. If the circuit court
determines, by clear and convincing evidence, that the person
is ineligible for retention of his or her Firearm Owner's
Identification Card under Section 8, the court shall order the
Illinois State Police to immediately revoke the Card and the
circuit clerk shall seize the Card and transmit the Card to the

SB2334 - 27 - LRB103 30561 RLC 56995 b
Illinois State Police.
(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
102-645, eff. 1-1-22; 102-813, eff. 5-13-22; 102-1115, eff.
1-9-23.)