Illinois 2025-2026 Regular Session

Illinois House Bill HB1043 Compare Versions

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11 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1043 Introduced , by Rep. John M. Cabello SYNOPSIS AS INTRODUCED: 430 ILCS 65/4 from Ch. 38, par. 83-4430 ILCS 65/8 from Ch. 38, par. 83-8430 ILCS 66/25 Amends the Firearm Owners Identification Card Act. Makes 18 (rather than 21) years of age as the minimum age in which a person, who is not an active duty member of the United States Armed Forces or the Illinois National Guard, may apply for a Firearm Owner's Identification Card without parental or legal guardian consent. Amends the Firearm Concealed Carry Act. Makes 18 (rather than 21) years of age as the minimum age for applying for and being issued a concealed carry license. LRB104 03260 RLC 13282 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1043 Introduced , by Rep. John M. Cabello SYNOPSIS AS INTRODUCED: 430 ILCS 65/4 from Ch. 38, par. 83-4430 ILCS 65/8 from Ch. 38, par. 83-8430 ILCS 66/25 430 ILCS 65/4 from Ch. 38, par. 83-4 430 ILCS 65/8 from Ch. 38, par. 83-8 430 ILCS 66/25 Amends the Firearm Owners Identification Card Act. Makes 18 (rather than 21) years of age as the minimum age in which a person, who is not an active duty member of the United States Armed Forces or the Illinois National Guard, may apply for a Firearm Owner's Identification Card without parental or legal guardian consent. Amends the Firearm Concealed Carry Act. Makes 18 (rather than 21) years of age as the minimum age for applying for and being issued a concealed carry license. LRB104 03260 RLC 13282 b LRB104 03260 RLC 13282 b A BILL FOR
22 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1043 Introduced , by Rep. John M. Cabello SYNOPSIS AS INTRODUCED:
33 430 ILCS 65/4 from Ch. 38, par. 83-4430 ILCS 65/8 from Ch. 38, par. 83-8430 ILCS 66/25 430 ILCS 65/4 from Ch. 38, par. 83-4 430 ILCS 65/8 from Ch. 38, par. 83-8 430 ILCS 66/25
44 430 ILCS 65/4 from Ch. 38, par. 83-4
55 430 ILCS 65/8 from Ch. 38, par. 83-8
66 430 ILCS 66/25
77 Amends the Firearm Owners Identification Card Act. Makes 18 (rather than 21) years of age as the minimum age in which a person, who is not an active duty member of the United States Armed Forces or the Illinois National Guard, may apply for a Firearm Owner's Identification Card without parental or legal guardian consent. Amends the Firearm Concealed Carry Act. Makes 18 (rather than 21) years of age as the minimum age for applying for and being issued a concealed carry license.
88 LRB104 03260 RLC 13282 b LRB104 03260 RLC 13282 b
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1010 A BILL FOR
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1313 1 AN ACT concerning safety.
1414 2 Be it enacted by the People of the State of Illinois,
1515 3 represented in the General Assembly:
1616 4 Section 5. The Firearm Owners Identification Card Act is
1717 5 amended by changing Sections 4 and 8 as follows:
1818 6 (430 ILCS 65/4) (from Ch. 38, par. 83-4)
1919 7 Sec. 4. Application for Firearm Owner's Identification
2020 8 Cards.
2121 9 (a) Each applicant for a Firearm Owner's Identification
2222 10 Card must:
2323 11 (1) Submit an application as made available by the
2424 12 Illinois State Police; and
2525 13 (2) Submit evidence to the Illinois State Police that:
2626 14 (i) (Blank); This subparagraph (i) applies through
2727 15 the 180th day following July 12, 2019 (the effective
2828 16 date of Public Act 101-80). He or she is 21 years of
2929 17 age or over, or if he or she is under 21 years of age
3030 18 that he or she has the written consent of his or her
3131 19 parent or legal guardian to possess and acquire
3232 20 firearms and firearm ammunition and that he or she has
3333 21 never been convicted of a misdemeanor other than a
3434 22 traffic offense or adjudged delinquent, provided,
3535 23 however, that such parent or legal guardian is not an
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3939 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1043 Introduced , by Rep. John M. Cabello SYNOPSIS AS INTRODUCED:
4040 430 ILCS 65/4 from Ch. 38, par. 83-4430 ILCS 65/8 from Ch. 38, par. 83-8430 ILCS 66/25 430 ILCS 65/4 from Ch. 38, par. 83-4 430 ILCS 65/8 from Ch. 38, par. 83-8 430 ILCS 66/25
4141 430 ILCS 65/4 from Ch. 38, par. 83-4
4242 430 ILCS 65/8 from Ch. 38, par. 83-8
4343 430 ILCS 66/25
4444 Amends the Firearm Owners Identification Card Act. Makes 18 (rather than 21) years of age as the minimum age in which a person, who is not an active duty member of the United States Armed Forces or the Illinois National Guard, may apply for a Firearm Owner's Identification Card without parental or legal guardian consent. Amends the Firearm Concealed Carry Act. Makes 18 (rather than 21) years of age as the minimum age for applying for and being issued a concealed carry license.
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4747 A BILL FOR
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7474 1 individual prohibited from having a Firearm Owner's
7575 2 Identification Card and files an affidavit with the
7676 3 Department as prescribed by the Department stating
7777 4 that he or she is not an individual prohibited from
7878 5 having a Card;
7979 6 (i-5) This subparagraph (i-5) applies on and after
8080 7 the 181st day following July 12, 2019 (the effective
8181 8 date of Public Act 101-80). He or she is 18 21 years of
8282 9 age or over, or if he or she is under 18 21 years of
8383 10 age that he or she has never been convicted of a
8484 11 misdemeanor other than a traffic offense or adjudged
8585 12 delinquent and is an active duty member of the United
8686 13 States Armed Forces or the Illinois National Guard or
8787 14 has the written consent of his or her parent or legal
8888 15 guardian to possess and acquire firearms and firearm
8989 16 ammunition, provided, however, that, if the applicant
9090 17 is under 18 years of age, the such parent or legal
9191 18 guardian is not an individual prohibited from having a
9292 19 Firearm Owner's Identification Card and files an
9393 20 affidavit with the Illinois State Police as prescribed
9494 21 by the Illinois State Police stating that he or she is
9595 22 not an individual prohibited from having a Card or the
9696 23 active duty member of the United States Armed Forces
9797 24 or the Illinois National Guard under 18 21 years of age
9898 25 annually submits proof to the Illinois State Police,
9999 26 in a manner prescribed by the Illinois State Police;
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110110 1 (i-6) If he or she is under 21 years of age, that
111111 2 he or she has never been convicted of a misdemeanor
112112 3 other than a traffic offense or adjudged delinquent;
113113 4 (ii) He or she has not been convicted of a felony
114114 5 under the laws of this or any other jurisdiction;
115115 6 (iii) He or she is not addicted to narcotics;
116116 7 (iv) He or she has not been a patient in a mental
117117 8 health facility within the past 5 years or, if he or
118118 9 she has been a patient in a mental health facility more
119119 10 than 5 years ago submit the certification required
120120 11 under subsection (u) of Section 8 of this Act;
121121 12 (v) He or she is not a person with an intellectual
122122 13 disability;
123123 14 (vi) He or she is not a noncitizen who is
124124 15 unlawfully present in the United States under the laws
125125 16 of the United States;
126126 17 (vii) He or she is not subject to an existing order
127127 18 of protection prohibiting him or her from possessing a
128128 19 firearm;
129129 20 (viii) He or she has not been convicted within the
130130 21 past 5 years of battery, assault, aggravated assault,
131131 22 violation of an order of protection, or a
132132 23 substantially similar offense in another jurisdiction,
133133 24 in which a firearm was used or possessed;
134134 25 (ix) He or she has not been convicted of domestic
135135 26 battery, aggravated domestic battery, or a
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146146 1 substantially similar offense in another jurisdiction
147147 2 committed before, on or after January 1, 2012 (the
148148 3 effective date of Public Act 97-158). If the applicant
149149 4 knowingly and intelligently waives the right to have
150150 5 an offense described in this clause (ix) tried by a
151151 6 jury, and by guilty plea or otherwise, results in a
152152 7 conviction for an offense in which a domestic
153153 8 relationship is not a required element of the offense
154154 9 but in which a determination of the applicability of
155155 10 18 U.S.C. 922(g)(9) is made under Section 112A-11.1 of
156156 11 the Code of Criminal Procedure of 1963, an entry by the
157157 12 court of a judgment of conviction for that offense
158158 13 shall be grounds for denying the issuance of a Firearm
159159 14 Owner's Identification Card under this Section;
160160 15 (x) (Blank);
161161 16 (xi) He or she is not a noncitizen who has been
162162 17 admitted to the United States under a non-immigrant
163163 18 visa (as that term is defined in Section 101(a)(26) of
164164 19 the Immigration and Nationality Act (8 U.S.C.
165165 20 1101(a)(26))), or that he or she is a noncitizen who
166166 21 has been lawfully admitted to the United States under
167167 22 a non-immigrant visa if that noncitizen is:
168168 23 (1) admitted to the United States for lawful
169169 24 hunting or sporting purposes;
170170 25 (2) an official representative of a foreign
171171 26 government who is:
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182182 1 (A) accredited to the United States
183183 2 Government or the Government's mission to an
184184 3 international organization having its
185185 4 headquarters in the United States; or
186186 5 (B) en route to or from another country to
187187 6 which that noncitizen is accredited;
188188 7 (3) an official of a foreign government or
189189 8 distinguished foreign visitor who has been so
190190 9 designated by the Department of State;
191191 10 (4) a foreign law enforcement officer of a
192192 11 friendly foreign government entering the United
193193 12 States on official business; or
194194 13 (5) one who has received a waiver from the
195195 14 Attorney General of the United States pursuant to
196196 15 18 U.S.C. 922(y)(3);
197197 16 (xii) He or she is not a minor subject to a
198198 17 petition filed under Section 5-520 of the Juvenile
199199 18 Court Act of 1987 alleging that the minor is a
200200 19 delinquent minor for the commission of an offense that
201201 20 if committed by an adult would be a felony;
202202 21 (xiii) He or she is not an adult who had been
203203 22 adjudicated a delinquent minor under the Juvenile
204204 23 Court Act of 1987 for the commission of an offense that
205205 24 if committed by an adult would be a felony;
206206 25 (xiv) He or she is a resident of the State of
207207 26 Illinois;
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218218 1 (xv) He or she has not been adjudicated as a person
219219 2 with a mental disability;
220220 3 (xvi) He or she has not been involuntarily
221221 4 admitted into a mental health facility; and
222222 5 (xvii) He or she is not a person with a
223223 6 developmental disability; and
224224 7 (3) Upon request by the Illinois State Police, sign a
225225 8 release on a form prescribed by the Illinois State Police
226226 9 waiving any right to confidentiality and requesting the
227227 10 disclosure to the Illinois State Police of limited mental
228228 11 health institution admission information from another
229229 12 state, the District of Columbia, any other territory of
230230 13 the United States, or a foreign nation concerning the
231231 14 applicant for the sole purpose of determining whether the
232232 15 applicant is or was a patient in a mental health
233233 16 institution and disqualified because of that status from
234234 17 receiving a Firearm Owner's Identification Card. No mental
235235 18 health care or treatment records may be requested. The
236236 19 information received shall be destroyed within one year of
237237 20 receipt.
238238 21 (a-5) Each applicant for a Firearm Owner's Identification
239239 22 Card who is over the age of 18 shall furnish to the Illinois
240240 23 State Police either his or her Illinois driver's license
241241 24 number or Illinois Identification Card number, except as
242242 25 provided in subsection (a-10).
243243 26 (a-10) Each applicant for a Firearm Owner's Identification
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254254 1 Card, who is employed as a law enforcement officer, an armed
255255 2 security officer in Illinois, or by the United States Military
256256 3 permanently assigned in Illinois and who is not an Illinois
257257 4 resident, shall furnish to the Illinois State Police his or
258258 5 her driver's license number or state identification card
259259 6 number from his or her state of residence. The Illinois State
260260 7 Police may adopt rules to enforce the provisions of this
261261 8 subsection (a-10).
262262 9 (a-15) If an applicant applying for a Firearm Owner's
263263 10 Identification Card moves from the residence address named in
264264 11 the application, he or she shall immediately notify in a form
265265 12 and manner prescribed by the Illinois State Police of that
266266 13 change of address.
267267 14 (a-20) Each applicant for a Firearm Owner's Identification
268268 15 Card shall furnish to the Illinois State Police his or her
269269 16 photograph. An applicant who is 18 21 years of age or older
270270 17 seeking a religious exemption to the photograph requirement
271271 18 must furnish with the application an approved copy of United
272272 19 States Department of the Treasury Internal Revenue Service
273273 20 Form 4029. In lieu of a photograph, an applicant regardless of
274274 21 age seeking a religious exemption to the photograph
275275 22 requirement shall submit fingerprints on a form and manner
276276 23 prescribed by the Illinois State Police with his or her
277277 24 application.
278278 25 (a-25) Beginning January 1, 2023, each applicant for the
279279 26 issuance of a Firearm Owner's Identification Card may include
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290290 1 a full set of his or her fingerprints in electronic format to
291291 2 the Illinois State Police, unless the applicant has previously
292292 3 provided a full set of his or her fingerprints to the Illinois
293293 4 State Police under this Act or the Firearm Concealed Carry
294294 5 Act.
295295 6 The fingerprints must be transmitted through a live scan
296296 7 fingerprint vendor licensed by the Department of Financial and
297297 8 Professional Regulation. The fingerprints shall be checked
298298 9 against the fingerprint records now and hereafter filed in the
299299 10 Illinois State Police and Federal Bureau of Investigation
300300 11 criminal history records databases, including all available
301301 12 State and local criminal history record information files.
302302 13 The Illinois State Police shall charge applicants a
303303 14 one-time fee for conducting the criminal history record check,
304304 15 which shall be deposited into the State Police Services Fund
305305 16 and shall not exceed the actual cost of the State and national
306306 17 criminal history record check.
307307 18 (a-26) The Illinois State Police shall research, explore,
308308 19 and report to the General Assembly by January 1, 2022 on the
309309 20 feasibility of permitting voluntarily submitted fingerprints
310310 21 obtained for purposes other than Firearm Owner's
311311 22 Identification Card enforcement that are contained in the
312312 23 Illinois State Police database for purposes of this Act.
313313 24 (b) Each application form shall include the following
314314 25 statement printed in bold type: "Warning: Entering false
315315 26 information on an application for a Firearm Owner's
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326326 1 Identification Card is punishable as a Class 2 felony in
327327 2 accordance with subsection (d-5) of Section 14 of the Firearm
328328 3 Owners Identification Card Act.".
329329 4 (c) Upon such written consent, pursuant to Section 4,
330330 5 paragraph (a)(2)(i), the parent or legal guardian giving the
331331 6 consent shall be liable for any damages resulting from the
332332 7 applicant's use of firearms or firearm ammunition.
333333 8 (Source: P.A. 101-80, eff. 7-12-19; 102-237, eff. 1-1-22;
334334 9 102-538, eff. 8-20-21; 102-813, eff. 5-13-22; 102-1030, eff.
335335 10 5-27-22; 102-1116, eff. 1-10-23.)
336336 11 (430 ILCS 65/8) (from Ch. 38, par. 83-8)
337337 12 Sec. 8. Grounds for denial and revocation. The Illinois
338338 13 State Police has authority to deny an application for or to
339339 14 revoke and seize a Firearm Owner's Identification Card
340340 15 previously issued under this Act only if the Illinois State
341341 16 Police finds that the applicant or the person to whom such card
342342 17 was issued is or was at the time of issuance:
343343 18 (a) A person under 21 years of age who has been
344344 19 convicted of a misdemeanor other than a traffic offense or
345345 20 adjudged delinquent;
346346 21 (b) (Blank); This subsection (b) applies through the
347347 22 180th day following July 12, 2019 (the effective date of
348348 23 Public Act 101-80). A person under 21 years of age who does
349349 24 not have the written consent of his parent or guardian to
350350 25 acquire and possess firearms and firearm ammunition, or
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361361 1 whose parent or guardian has revoked such written consent,
362362 2 or where such parent or guardian does not qualify to have a
363363 3 Firearm Owner's Identification Card;
364364 4 (b-5) This subsection (b-5) applies on and after the
365365 5 181st day following July 12, 2019 (the effective date of
366366 6 Public Act 101-80). A person under 18 21 years of age who
367367 7 is not an active duty member of the United States Armed
368368 8 Forces or the Illinois National Guard and does not have
369369 9 the written consent of his or her parent or guardian to
370370 10 acquire and possess firearms and firearm ammunition, or
371371 11 whose parent or guardian has revoked such written consent,
372372 12 or where such parent or guardian does not qualify to have a
373373 13 Firearm Owner's Identification Card;
374374 14 (c) A person convicted of a felony under the laws of
375375 15 this or any other jurisdiction;
376376 16 (d) A person addicted to narcotics;
377377 17 (e) A person who has been a patient of a mental health
378378 18 facility within the past 5 years or a person who has been a
379379 19 patient in a mental health facility more than 5 years ago
380380 20 who has not received the certification required under
381381 21 subsection (u) of this Section. An active law enforcement
382382 22 officer employed by a unit of government or a Department
383383 23 of Corrections employee authorized to possess firearms who
384384 24 is denied, revoked, or has his or her Firearm Owner's
385385 25 Identification Card seized under this subsection (e) may
386386 26 obtain relief as described in subsection (c-5) of Section
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397397 1 10 of this Act if the officer or employee did not act in a
398398 2 manner threatening to the officer or employee, another
399399 3 person, or the public as determined by the treating
400400 4 clinical psychologist or physician, and the officer or
401401 5 employee seeks mental health treatment;
402402 6 (f) A person whose mental condition is of such a
403403 7 nature that it poses a clear and present danger to the
404404 8 applicant, any other person or persons, or the community;
405405 9 (g) A person who has an intellectual disability;
406406 10 (h) A person who intentionally makes a false statement
407407 11 in the Firearm Owner's Identification Card application or
408408 12 endorsement affidavit;
409409 13 (i) A noncitizen who is unlawfully present in the
410410 14 United States under the laws of the United States;
411411 15 (i-5) A noncitizen who has been admitted to the United
412412 16 States under a non-immigrant visa (as that term is defined
413413 17 in Section 101(a)(26) of the Immigration and Nationality
414414 18 Act (8 U.S.C. 1101(a)(26))), except that this subsection
415415 19 (i-5) does not apply to any noncitizen who has been
416416 20 lawfully admitted to the United States under a
417417 21 non-immigrant visa if that noncitizen is:
418418 22 (1) admitted to the United States for lawful
419419 23 hunting or sporting purposes;
420420 24 (2) an official representative of a foreign
421421 25 government who is:
422422 26 (A) accredited to the United States Government
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433433 1 or the Government's mission to an international
434434 2 organization having its headquarters in the United
435435 3 States; or
436436 4 (B) en route to or from another country to
437437 5 which that noncitizen is accredited;
438438 6 (3) an official of a foreign government or
439439 7 distinguished foreign visitor who has been so
440440 8 designated by the Department of State;
441441 9 (4) a foreign law enforcement officer of a
442442 10 friendly foreign government entering the United States
443443 11 on official business; or
444444 12 (5) one who has received a waiver from the
445445 13 Attorney General of the United States pursuant to 18
446446 14 U.S.C. 922(y)(3);
447447 15 (j) (Blank);
448448 16 (k) A person who has been convicted within the past 5
449449 17 years of battery, assault, aggravated assault, violation
450450 18 of an order of protection, or a substantially similar
451451 19 offense in another jurisdiction, in which a firearm was
452452 20 used or possessed;
453453 21 (l) A person who has been convicted of domestic
454454 22 battery, aggravated domestic battery, or a substantially
455455 23 similar offense in another jurisdiction committed before,
456456 24 on or after January 1, 2012 (the effective date of Public
457457 25 Act 97-158). If the applicant or person who has been
458458 26 previously issued a Firearm Owner's Identification Card
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469469 1 under this Act knowingly and intelligently waives the
470470 2 right to have an offense described in this paragraph (l)
471471 3 tried by a jury, and by guilty plea or otherwise, results
472472 4 in a conviction for an offense in which a domestic
473473 5 relationship is not a required element of the offense but
474474 6 in which a determination of the applicability of 18 U.S.C.
475475 7 922(g)(9) is made under Section 112A-11.1 of the Code of
476476 8 Criminal Procedure of 1963, an entry by the court of a
477477 9 judgment of conviction for that offense shall be grounds
478478 10 for denying an application for and for revoking and
479479 11 seizing a Firearm Owner's Identification Card previously
480480 12 issued to the person under this Act;
481481 13 (m) (Blank);
482482 14 (n) A person who is prohibited from acquiring or
483483 15 possessing firearms or firearm ammunition by any Illinois
484484 16 State statute or by federal law;
485485 17 (o) A minor subject to a petition filed under Section
486486 18 5-520 of the Juvenile Court Act of 1987 alleging that the
487487 19 minor is a delinquent minor for the commission of an
488488 20 offense that if committed by an adult would be a felony;
489489 21 (p) An adult who had been adjudicated a delinquent
490490 22 minor under the Juvenile Court Act of 1987 for the
491491 23 commission of an offense that if committed by an adult
492492 24 would be a felony;
493493 25 (q) A person who is not a resident of the State of
494494 26 Illinois, except as provided in subsection (a-10) of
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505505 1 Section 4;
506506 2 (r) A person who has been adjudicated as a person with
507507 3 a mental disability;
508508 4 (s) A person who has been found to have a
509509 5 developmental disability;
510510 6 (t) A person involuntarily admitted into a mental
511511 7 health facility; or
512512 8 (u) A person who has had his or her Firearm Owner's
513513 9 Identification Card revoked or denied under subsection (e)
514514 10 of this Section or item (iv) of paragraph (2) of
515515 11 subsection (a) of Section 4 of this Act because he or she
516516 12 was a patient in a mental health facility as provided in
517517 13 subsection (e) of this Section, shall not be permitted to
518518 14 obtain a Firearm Owner's Identification Card, after the
519519 15 5-year period has lapsed, unless he or she has received a
520520 16 mental health evaluation by a physician, clinical
521521 17 psychologist, or qualified examiner as those terms are
522522 18 defined in the Mental Health and Developmental
523523 19 Disabilities Code, and has received a certification that
524524 20 he or she is not a clear and present danger to himself,
525525 21 herself, or others. The physician, clinical psychologist,
526526 22 or qualified examiner making the certification and his or
527527 23 her employer shall not be held criminally, civilly, or
528528 24 professionally liable for making or not making the
529529 25 certification required under this subsection, except for
530530 26 willful or wanton misconduct. This subsection does not
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541541 1 apply to a person whose firearm possession rights have
542542 2 been restored through administrative or judicial action
543543 3 under Section 10 or 11 of this Act.
544544 4 Upon revocation of a person's Firearm Owner's
545545 5 Identification Card, the Illinois State Police shall provide
546546 6 notice to the person and the person shall comply with Section
547547 7 9.5 of this Act.
548548 8 (Source: P.A. 101-80, eff. 7-12-19; 102-538, eff. 8-20-21;
549549 9 102-645, eff. 1-1-22; 102-813, eff. 5-13-22; 102-1030, eff.
550550 10 5-27-22; 102-1116, eff. 1-10-23.)
551551 11 Section 10. The Firearm Concealed Carry Act is amended by
552552 12 changing Section 25 as follows:
553553 13 (430 ILCS 66/25)
554554 14 Sec. 25. Qualifications for a license.
555555 15 The Illinois State Police shall issue a license to an
556556 16 applicant completing an application in accordance with Section
557557 17 30 of this Act if the person:
558558 18 (1) is at least 18 21 years of age;
559559 19 (2) has a currently valid Firearm Owner's
560560 20 Identification Card and at the time of application meets
561561 21 the requirements for the issuance of a Firearm Owner's
562562 22 Identification Card and is not prohibited under the
563563 23 Firearm Owners Identification Card Act or federal law from
564564 24 possessing or receiving a firearm;
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