Illinois 2023-2024 Regular Session

Illinois House Bill HB1146 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1146 Introduced , by Rep. Charles Meier SYNOPSIS AS INTRODUCED: 430 ILCS 65/4 from Ch. 38, par. 83-4 430 ILCS 65/8 from Ch. 38, par. 83-8 Amends the Firearm Owners Identification Card Act. Lowers the age at which a person may apply for a Firearm Owner's Identification Card without parental or legal guardian consent from 21 years of age to 18 years of age. Makes corresponding changes. LRB103 04821 RLC 49831 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1146 Introduced , by Rep. Charles Meier SYNOPSIS AS INTRODUCED: 430 ILCS 65/4 from Ch. 38, par. 83-4 430 ILCS 65/8 from Ch. 38, par. 83-8 430 ILCS 65/4 from Ch. 38, par. 83-4 430 ILCS 65/8 from Ch. 38, par. 83-8 Amends the Firearm Owners Identification Card Act. Lowers the age at which a person may apply for a Firearm Owner's Identification Card without parental or legal guardian consent from 21 years of age to 18 years of age. Makes corresponding changes. LRB103 04821 RLC 49831 b LRB103 04821 RLC 49831 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1146 Introduced , by Rep. Charles Meier SYNOPSIS AS INTRODUCED:
3	3	430 ILCS 65/4 from Ch. 38, par. 83-4 430 ILCS 65/8 from Ch. 38, par. 83-8 430 ILCS 65/4 from Ch. 38, par. 83-4 430 ILCS 65/8 from Ch. 38, par. 83-8
4	4	430 ILCS 65/4 from Ch. 38, par. 83-4
5	5	430 ILCS 65/8 from Ch. 38, par. 83-8
6	6	Amends the Firearm Owners Identification Card Act. Lowers the age at which a person may apply for a Firearm Owner's Identification Card without parental or legal guardian consent from 21 years of age to 18 years of age. Makes corresponding changes.
7	7	LRB103 04821 RLC 49831 b LRB103 04821 RLC 49831 b
8	8	LRB103 04821 RLC 49831 b
9	9	A BILL FOR
10	10	HB1146LRB103 04821 RLC 49831 b HB1146 LRB103 04821 RLC 49831 b
11	11	HB1146 LRB103 04821 RLC 49831 b
12	12	1 AN ACT concerning safety.
13	13	2 Be it enacted by the People of the State of Illinois,
14	14	3 represented in the General Assembly:
15	15	4 Section 5. The Firearm Owners Identification Card Act is
16	16	5 amended by changing Sections 4 and 8 as follows:
17	17	6 (430 ILCS 65/4) (from Ch. 38, par. 83-4)
18	18	7 Sec. 4. Application for Firearm Owner's Identification
19	19	8 Cards.
20	20	9 (a) Each applicant for a Firearm Owner's Identification
21	21	10 Card must:
22	22	11 (1) Submit an application as made available by the
23	23	12 Illinois State Police; and
24	24	13 (2) Submit evidence to the Illinois State Police that:
25	25	14 (i) This subparagraph (i) applies through the
26	26	15 180th day following July 12, 2019 (the effective date
27	27	16 of Public Act 101-80). He or she is 21 years of age or
28	28	17 over, or if he or she is under 21 years of age that he
29	29	18 or she has the written consent of his or her parent or
30	30	19 legal guardian to possess and acquire firearms and
31	31	20 firearm ammunition and that he or she has never been
32	32	21 convicted of a misdemeanor other than a traffic
33	33	22 offense or adjudged delinquent, provided, however,
34	34	23 that such parent or legal guardian is not an
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38	38	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1146 Introduced , by Rep. Charles Meier SYNOPSIS AS INTRODUCED:
39	39	430 ILCS 65/4 from Ch. 38, par. 83-4 430 ILCS 65/8 from Ch. 38, par. 83-8 430 ILCS 65/4 from Ch. 38, par. 83-4 430 ILCS 65/8 from Ch. 38, par. 83-8
40	40	430 ILCS 65/4 from Ch. 38, par. 83-4
41	41	430 ILCS 65/8 from Ch. 38, par. 83-8
42	42	Amends the Firearm Owners Identification Card Act. Lowers the age at which a person may apply for a Firearm Owner's Identification Card without parental or legal guardian consent from 21 years of age to 18 years of age. Makes corresponding changes.
43	43	LRB103 04821 RLC 49831 b LRB103 04821 RLC 49831 b
44	44	LRB103 04821 RLC 49831 b
45	45	A BILL FOR
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51	51	430 ILCS 65/4 from Ch. 38, par. 83-4
52	52	430 ILCS 65/8 from Ch. 38, par. 83-8
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71	71	1 individual prohibited from having a Firearm Owner's
72	72	2 Identification Card and files an affidavit with the
73	73	3 Department as prescribed by the Department stating
74	74	4 that he or she is not an individual prohibited from
75	75	5 having a Card;
76	76	6 (i-5) This subparagraph (i-5) applies on and after
77	77	7 the 181st day following July 12, 2019 (the effective
78	78	8 date of Public Act 101-80). He or she is 18 21 years of
79	79	9 age or over, or if he or she is under 18 21 years of
80	80	10 age that he or she has never been convicted of a
81	81	11 misdemeanor other than a traffic offense or adjudged
82	82	12 delinquent and is an active duty member of the United
83	83	13 States Armed Forces or has the written consent of his
84	84	14 or her parent or legal guardian to possess and acquire
85	85	15 firearms and firearm ammunition, provided, however,
86	86	16 that, if the applicant is under 18 years of age, the
87	87	17 such parent or legal guardian is not an individual
88	88	18 prohibited from having a Firearm Owner's
89	89	19 Identification Card and files an affidavit with the
90	90	20 Illinois State Police as prescribed by the Illinois
91	91	21 State Police stating that he or she is not an
92	92	22 individual prohibited from having a Card or the active
93	93	23 duty member of the United States Armed Forces under 18
94	94	24 21 years of age annually submits proof to the Illinois
95	95	25 State Police, in a manner prescribed by the Illinois
96	96	26 State Police;
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107	107	1 (i-6) If he or she is under 21 years of age, that
108	108	2 he or she has never been convicted of a misdemeanor
109	109	3 other than a traffic offense or adjudged delinquent;
110	110	4 (ii) He or she has not been convicted of a felony
111	111	5 under the laws of this or any other jurisdiction;
112	112	6 (iii) He or she is not addicted to narcotics;
113	113	7 (iv) He or she has not been a patient in a mental
114	114	8 health facility within the past 5 years or, if he or
115	115	9 she has been a patient in a mental health facility more
116	116	10 than 5 years ago submit the certification required
117	117	11 under subsection (u) of Section 8 of this Act;
118	118	12 (v) He or she is not a person with an intellectual
119	119	13 disability;
120	120	14 (vi) He or she is not a noncitizen who is
121	121	15 unlawfully present in the United States under the laws
122	122	16 of the United States;
123	123	17 (vii) He or she is not subject to an existing order
124	124	18 of protection prohibiting him or her from possessing a
125	125	19 firearm;
126	126	20 (viii) He or she has not been convicted within the
127	127	21 past 5 years of battery, assault, aggravated assault,
128	128	22 violation of an order of protection, or a
129	129	23 substantially similar offense in another jurisdiction,
130	130	24 in which a firearm was used or possessed;
131	131	25 (ix) He or she has not been convicted of domestic
132	132	26 battery, aggravated domestic battery, or a
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143	143	1 substantially similar offense in another jurisdiction
144	144	2 committed before, on or after January 1, 2012 (the
145	145	3 effective date of Public Act 97-158). If the applicant
146	146	4 knowingly and intelligently waives the right to have
147	147	5 an offense described in this clause (ix) tried by a
148	148	6 jury, and by guilty plea or otherwise, results in a
149	149	7 conviction for an offense in which a domestic
150	150	8 relationship is not a required element of the offense
151	151	9 but in which a determination of the applicability of
152	152	10 18 U.S.C. 922(g)(9) is made under Section 112A-11.1 of
153	153	11 the Code of Criminal Procedure of 1963, an entry by the
154	154	12 court of a judgment of conviction for that offense
155	155	13 shall be grounds for denying the issuance of a Firearm
156	156	14 Owner's Identification Card under this Section;
157	157	15 (x) (Blank);
158	158	16 (xi) He or she is not a noncitizen who has been
159	159	17 admitted to the United States under a non-immigrant
160	160	18 visa (as that term is defined in Section 101(a)(26) of
161	161	19 the Immigration and Nationality Act (8 U.S.C.
162	162	20 1101(a)(26))), or that he or she is a noncitizen who
163	163	21 has been lawfully admitted to the United States under
164	164	22 a non-immigrant visa if that noncitizen is:
165	165	23 (1) admitted to the United States for lawful
166	166	24 hunting or sporting purposes;
167	167	25 (2) an official representative of a foreign
168	168	26 government who is:
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179	179	1 (A) accredited to the United States
180	180	2 Government or the Government's mission to an
181	181	3 international organization having its
182	182	4 headquarters in the United States; or
183	183	5 (B) en route to or from another country to
184	184	6 which that noncitizen is accredited;
185	185	7 (3) an official of a foreign government or
186	186	8 distinguished foreign visitor who has been so
187	187	9 designated by the Department of State;
188	188	10 (4) a foreign law enforcement officer of a
189	189	11 friendly foreign government entering the United
190	190	12 States on official business; or
191	191	13 (5) one who has received a waiver from the
192	192	14 Attorney General of the United States pursuant to
193	193	15 18 U.S.C. 922(y)(3);
194	194	16 (xii) He or she is not a minor subject to a
195	195	17 petition filed under Section 5-520 of the Juvenile
196	196	18 Court Act of 1987 alleging that the minor is a
197	197	19 delinquent minor for the commission of an offense that
198	198	20 if committed by an adult would be a felony;
199	199	21 (xiii) He or she is not an adult who had been
200	200	22 adjudicated a delinquent minor under the Juvenile
201	201	23 Court Act of 1987 for the commission of an offense that
202	202	24 if committed by an adult would be a felony;
203	203	25 (xiv) He or she is a resident of the State of
204	204	26 Illinois;
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215	215	1 (xv) He or she has not been adjudicated as a person
216	216	2 with a mental disability;
217	217	3 (xvi) He or she has not been involuntarily
218	218	4 admitted into a mental health facility; and
219	219	5 (xvii) He or she is not a person with a
220	220	6 developmental disability; and
221	221	7 (3) Upon request by the Illinois State Police, sign a
222	222	8 release on a form prescribed by the Illinois State Police
223	223	9 waiving any right to confidentiality and requesting the
224	224	10 disclosure to the Illinois State Police of limited mental
225	225	11 health institution admission information from another
226	226	12 state, the District of Columbia, any other territory of
227	227	13 the United States, or a foreign nation concerning the
228	228	14 applicant for the sole purpose of determining whether the
229	229	15 applicant is or was a patient in a mental health
230	230	16 institution and disqualified because of that status from
231	231	17 receiving a Firearm Owner's Identification Card. No mental
232	232	18 health care or treatment records may be requested. The
233	233	19 information received shall be destroyed within one year of
234	234	20 receipt.
235	235	21 (a-5) Each applicant for a Firearm Owner's Identification
236	236	22 Card who is over the age of 18 shall furnish to the Illinois
237	237	23 State Police either his or her Illinois driver's license
238	238	24 number or Illinois Identification Card number, except as
239	239	25 provided in subsection (a-10).
240	240	26 (a-10) Each applicant for a Firearm Owner's Identification
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251	251	1 Card, who is employed as a law enforcement officer, an armed
252	252	2 security officer in Illinois, or by the United States Military
253	253	3 permanently assigned in Illinois and who is not an Illinois
254	254	4 resident, shall furnish to the Illinois State Police his or
255	255	5 her driver's license number or state identification card
256	256	6 number from his or her state of residence. The Illinois State
257	257	7 Police may adopt rules to enforce the provisions of this
258	258	8 subsection (a-10).
259	259	9 (a-15) If an applicant applying for a Firearm Owner's
260	260	10 Identification Card moves from the residence address named in
261	261	11 the application, he or she shall immediately notify in a form
262	262	12 and manner prescribed by the Illinois State Police of that
263	263	13 change of address.
264	264	14 (a-20) Each applicant for a Firearm Owner's Identification
265	265	15 Card shall furnish to the Illinois State Police his or her
266	266	16 photograph. An applicant who is 18 21 years of age or older
267	267	17 seeking a religious exemption to the photograph requirement
268	268	18 must furnish with the application an approved copy of United
269	269	19 States Department of the Treasury Internal Revenue Service
270	270	20 Form 4029. In lieu of a photograph, an applicant regardless of
271	271	21 age seeking a religious exemption to the photograph
272	272	22 requirement shall submit fingerprints on a form and manner
273	273	23 prescribed by the Illinois State Police with his or her
274	274	24 application.
275	275	25 (a-25) Beginning January 1, 2023, each applicant for the
276	276	26 issuance of a Firearm Owner's Identification Card may include
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287	287	1 a full set of his or her fingerprints in electronic format to
288	288	2 the Illinois State Police, unless the applicant has previously
289	289	3 provided a full set of his or her fingerprints to the Illinois
290	290	4 State Police under this Act or the Firearm Concealed Carry
291	291	5 Act.
292	292	6 The fingerprints must be transmitted through a live scan
293	293	7 fingerprint vendor licensed by the Department of Financial and
294	294	8 Professional Regulation. The fingerprints shall be checked
295	295	9 against the fingerprint records now and hereafter filed in the
296	296	10 Illinois State Police and Federal Bureau of Investigation
297	297	11 criminal history records databases, including all available
298	298	12 State and local criminal history record information files.
299	299	13 The Illinois State Police shall charge applicants a
300	300	14 one-time fee for conducting the criminal history record check,
301	301	15 which shall be deposited into the State Police Services Fund
302	302	16 and shall not exceed the actual cost of the State and national
303	303	17 criminal history record check.
304	304	18 (a-26) The Illinois State Police shall research, explore,
305	305	19 and report to the General Assembly by January 1, 2022 on the
306	306	20 feasibility of permitting voluntarily submitted fingerprints
307	307	21 obtained for purposes other than Firearm Owner's
308	308	22 Identification Card enforcement that are contained in the
309	309	23 Illinois State Police database for purposes of this Act.
310	310	24 (b) Each application form shall include the following
311	311	25 statement printed in bold type: "Warning: Entering false
312	312	26 information on an application for a Firearm Owner's
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323	323	1 Identification Card is punishable as a Class 2 felony in
324	324	2 accordance with subsection (d-5) of Section 14 of the Firearm
325	325	3 Owners Identification Card Act.".
326	326	4 (c) Upon such written consent, pursuant to Section 4,
327	327	5 paragraph (a)(2)(i), the parent or legal guardian giving the
328	328	6 consent shall be liable for any damages resulting from the
329	329	7 applicant's use of firearms or firearm ammunition.
330	330	8 (Source: P.A. 101-80, eff. 7-12-19; 102-237, eff. 1-1-22;
331	331	9 102-538, eff. 8-20-21; 102-813, eff. 5-13-22; 102-1030, eff.
332	332	10 5-27-22.)
333	333	11 (430 ILCS 65/8) (from Ch. 38, par. 83-8)
334	334	12 Sec. 8. Grounds for denial and revocation. The Illinois
335	335	13 State Police has authority to deny an application for or to
336	336	14 revoke and seize a Firearm Owner's Identification Card
337	337	15 previously issued under this Act only if the Illinois State
338	338	16 Police finds that the applicant or the person to whom such card
339	339	17 was issued is or was at the time of issuance:
340	340	18 (a) A person under 21 years of age who has been
341	341	19 convicted of a misdemeanor other than a traffic offense or
342	342	20 adjudged delinquent;
343	343	21 (b) This subsection (b) applies through the 180th day
344	344	22 following July 12, 2019 (the effective date of Public Act
345	345	23 101-80). A person under 21 years of age who does not have
346	346	24 the written consent of his parent or guardian to acquire
347	347	25 and possess firearms and firearm ammunition, or whose
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358	358	1 parent or guardian has revoked such written consent, or
359	359	2 where such parent or guardian does not qualify to have a
360	360	3 Firearm Owner's Identification Card;
361	361	4 (b-5) This subsection (b-5) applies on and after the
362	362	5 181st day following July 12, 2019 (the effective date of
363	363	6 Public Act 101-80). A person under 18 21 years of age who
364	364	7 is not an active duty member of the United States Armed
365	365	8 Forces and does not have the written consent of his or her
366	366	9 parent or guardian to acquire and possess firearms and
367	367	10 firearm ammunition, or whose parent or guardian has
368	368	11 revoked such written consent, or where such parent or
369	369	12 guardian does not qualify to have a Firearm Owner's
370	370	13 Identification Card;
371	371	14 (c) A person convicted of a felony under the laws of
372	372	15 this or any other jurisdiction;
373	373	16 (d) A person addicted to narcotics;
374	374	17 (e) A person who has been a patient of a mental health
375	375	18 facility within the past 5 years or a person who has been a
376	376	19 patient in a mental health facility more than 5 years ago
377	377	20 who has not received the certification required under
378	378	21 subsection (u) of this Section. An active law enforcement
379	379	22 officer employed by a unit of government or a Department
380	380	23 of Corrections employee authorized to possess firearms who
381	381	24 is denied, revoked, or has his or her Firearm Owner's
382	382	25 Identification Card seized under this subsection (e) may
383	383	26 obtain relief as described in subsection (c-5) of Section
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394	394	1 10 of this Act if the officer or employee did not act in a
395	395	2 manner threatening to the officer or employee, another
396	396	3 person, or the public as determined by the treating
397	397	4 clinical psychologist or physician, and the officer or
398	398	5 employee seeks mental health treatment;
399	399	6 (f) A person whose mental condition is of such a
400	400	7 nature that it poses a clear and present danger to the
401	401	8 applicant, any other person or persons, or the community;
402	402	9 (g) A person who has an intellectual disability;
403	403	10 (h) A person who intentionally makes a false statement
404	404	11 in the Firearm Owner's Identification Card application;
405	405	12 (i) A noncitizen who is unlawfully present in the
406	406	13 United States under the laws of the United States;
407	407	14 (i-5) A noncitizen who has been admitted to the United
408	408	15 States under a non-immigrant visa (as that term is defined
409	409	16 in Section 101(a)(26) of the Immigration and Nationality
410	410	17 Act (8 U.S.C. 1101(a)(26))), except that this subsection
411	411	18 (i-5) does not apply to any noncitizen who has been
412	412	19 lawfully admitted to the United States under a
413	413	20 non-immigrant visa if that noncitizen is:
414	414	21 (1) admitted to the United States for lawful
415	415	22 hunting or sporting purposes;
416	416	23 (2) an official representative of a foreign
417	417	24 government who is:
418	418	25 (A) accredited to the United States Government
419	419	26 or the Government's mission to an international
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430	430	1 organization having its headquarters in the United
431	431	2 States; or
432	432	3 (B) en route to or from another country to
433	433	4 which that noncitizen is accredited;
434	434	5 (3) an official of a foreign government or
435	435	6 distinguished foreign visitor who has been so
436	436	7 designated by the Department of State;
437	437	8 (4) a foreign law enforcement officer of a
438	438	9 friendly foreign government entering the United States
439	439	10 on official business; or
440	440	11 (5) one who has received a waiver from the
441	441	12 Attorney General of the United States pursuant to 18
442	442	13 U.S.C. 922(y)(3);
443	443	14 (j) (Blank);
444	444	15 (k) A person who has been convicted within the past 5
445	445	16 years of battery, assault, aggravated assault, violation
446	446	17 of an order of protection, or a substantially similar
447	447	18 offense in another jurisdiction, in which a firearm was
448	448	19 used or possessed;
449	449	20 (l) A person who has been convicted of domestic
450	450	21 battery, aggravated domestic battery, or a substantially
451	451	22 similar offense in another jurisdiction committed before,
452	452	23 on or after January 1, 2012 (the effective date of Public
453	453	24 Act 97-158). If the applicant or person who has been
454	454	25 previously issued a Firearm Owner's Identification Card
455	455	26 under this Act knowingly and intelligently waives the
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466	466	1 right to have an offense described in this paragraph (l)
467	467	2 tried by a jury, and by guilty plea or otherwise, results
468	468	3 in a conviction for an offense in which a domestic
469	469	4 relationship is not a required element of the offense but
470	470	5 in which a determination of the applicability of 18 U.S.C.
471	471	6 922(g)(9) is made under Section 112A-11.1 of the Code of
472	472	7 Criminal Procedure of 1963, an entry by the court of a
473	473	8 judgment of conviction for that offense shall be grounds
474	474	9 for denying an application for and for revoking and
475	475	10 seizing a Firearm Owner's Identification Card previously
476	476	11 issued to the person under this Act;
477	477	12 (m) (Blank);
478	478	13 (n) A person who is prohibited from acquiring or
479	479	14 possessing firearms or firearm ammunition by any Illinois
480	480	15 State statute or by federal law;
481	481	16 (o) A minor subject to a petition filed under Section
482	482	17 5-520 of the Juvenile Court Act of 1987 alleging that the
483	483	18 minor is a delinquent minor for the commission of an
484	484	19 offense that if committed by an adult would be a felony;
485	485	20 (p) An adult who had been adjudicated a delinquent
486	486	21 minor under the Juvenile Court Act of 1987 for the
487	487	22 commission of an offense that if committed by an adult
488	488	23 would be a felony;
489	489	24 (q) A person who is not a resident of the State of
490	490	25 Illinois, except as provided in subsection (a-10) of
491	491	26 Section 4;
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502	502	1 (r) A person who has been adjudicated as a person with
503	503	2 a mental disability;
504	504	3 (s) A person who has been found to have a
505	505	4 developmental disability;
506	506	5 (t) A person involuntarily admitted into a mental
507	507	6 health facility; or
508	508	7 (u) A person who has had his or her Firearm Owner's
509	509	8 Identification Card revoked or denied under subsection (e)
510	510	9 of this Section or item (iv) of paragraph (2) of
511	511	10 subsection (a) of Section 4 of this Act because he or she
512	512	11 was a patient in a mental health facility as provided in
513	513	12 subsection (e) of this Section, shall not be permitted to
514	514	13 obtain a Firearm Owner's Identification Card, after the
515	515	14 5-year period has lapsed, unless he or she has received a
516	516	15 mental health evaluation by a physician, clinical
517	517	16 psychologist, or qualified examiner as those terms are
518	518	17 defined in the Mental Health and Developmental
519	519	18 Disabilities Code, and has received a certification that
520	520	19 he or she is not a clear and present danger to himself,
521	521	20 herself, or others. The physician, clinical psychologist,
522	522	21 or qualified examiner making the certification and his or
523	523	22 her employer shall not be held criminally, civilly, or
524	524	23 professionally liable for making or not making the
525	525	24 certification required under this subsection, except for
526	526	25 willful or wanton misconduct. This subsection does not
527	527	26 apply to a person whose firearm possession rights have
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538	538	1 been restored through administrative or judicial action
539	539	2 under Section 10 or 11 of this Act.
540	540	3 Upon revocation of a person's Firearm Owner's
541	541	4 Identification Card, the Illinois State Police shall provide
542	542	5 notice to the person and the person shall comply with Section
543	543	6 9.5 of this Act.
544	544	7 (Source: P.A. 101-80, eff. 7-12-19; 102-538, eff. 8-20-21;
545	545	8 102-645, eff. 1-1-22; 102-813, eff. 5-13-22; 102-1030, eff.
546	546	9 5-27-22.)
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