Illinois 2025-2026 Regular Session

Illinois Senate Bill SB0281 Compare Versions

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

Old	New	Differences
1	1	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB0281 Introduced 1/24/2025, by Sen. Sally J. Turner SYNOPSIS AS INTRODUCED: 430 ILCS 65/8 from Ch. 38, par. 83-8 Amends the Firearm Owners Identification Card Act. Provides that the authority of the Illinois State Police to deny an application for or to revoke and seize a Firearm Owner's Identification Card previously issued under the Act to a person who is not a resident of the State of Illinois does not apply to an applicant who is an Illinois resident in the United States Military permanently assigned out of state. Effective immediately. LRB104 03858 RLC 13882 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB0281 Introduced 1/24/2025, by Sen. Sally J. Turner SYNOPSIS AS INTRODUCED: 430 ILCS 65/8 from Ch. 38, par. 83-8 430 ILCS 65/8 from Ch. 38, par. 83-8 Amends the Firearm Owners Identification Card Act. Provides that the authority of the Illinois State Police to deny an application for or to revoke and seize a Firearm Owner's Identification Card previously issued under the Act to a person who is not a resident of the State of Illinois does not apply to an applicant who is an Illinois resident in the United States Military permanently assigned out of state. Effective immediately. LRB104 03858 RLC 13882 b LRB104 03858 RLC 13882 b A BILL FOR
2	2	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB0281 Introduced 1/24/2025, by Sen. Sally J. Turner SYNOPSIS AS INTRODUCED:
3	3	430 ILCS 65/8 from Ch. 38, par. 83-8 430 ILCS 65/8 from Ch. 38, par. 83-8
4	4	430 ILCS 65/8 from Ch. 38, par. 83-8
5	5	Amends the Firearm Owners Identification Card Act. Provides that the authority of the Illinois State Police to deny an application for or to revoke and seize a Firearm Owner's Identification Card previously issued under the Act to a person who is not a resident of the State of Illinois does not apply to an applicant who is an Illinois resident in the United States Military permanently assigned out of state. Effective immediately.
6	6	LRB104 03858 RLC 13882 b LRB104 03858 RLC 13882 b
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8	8	A BILL FOR
9	9	SB0281LRB104 03858 RLC 13882 b SB0281 LRB104 03858 RLC 13882 b
10	10	SB0281 LRB104 03858 RLC 13882 b
11	11	1 AN ACT concerning safety.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Section 5. The Firearm Owners Identification Card Act is
15	15	5 amended by changing Section 8 as follows:
16	16	6 (430 ILCS 65/8) (from Ch. 38, par. 83-8)
17	17	7 Sec. 8. Grounds for denial and revocation. The Illinois
18	18	8 State Police has authority to deny an application for or to
19	19	9 revoke and seize a Firearm Owner's Identification Card
20	20	10 previously issued under this Act only if the Illinois State
21	21	11 Police finds that the applicant or the person to whom such card
22	22	12 was issued is or was at the time of issuance:
23	23	13 (a) A person under 21 years of age who has been
24	24	14 convicted of a misdemeanor other than a traffic offense or
25	25	15 adjudged delinquent;
26	26	16 (b) This subsection (b) applies through the 180th day
27	27	17 following July 12, 2019 (the effective date of Public Act
28	28	18 101-80). A person under 21 years of age who does not have
29	29	19 the written consent of his parent or guardian to acquire
30	30	20 and possess firearms and firearm ammunition, or whose
31	31	21 parent or guardian has revoked such written consent, or
32	32	22 where such parent or guardian does not qualify to have a
33	33	23 Firearm Owner's Identification Card;
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37	37	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB0281 Introduced 1/24/2025, by Sen. Sally J. Turner SYNOPSIS AS INTRODUCED:
38	38	430 ILCS 65/8 from Ch. 38, par. 83-8 430 ILCS 65/8 from Ch. 38, par. 83-8
39	39	430 ILCS 65/8 from Ch. 38, par. 83-8
40	40	Amends the Firearm Owners Identification Card Act. Provides that the authority of the Illinois State Police to deny an application for or to revoke and seize a Firearm Owner's Identification Card previously issued under the Act to a person who is not a resident of the State of Illinois does not apply to an applicant who is an Illinois resident in the United States Military permanently assigned out of state. Effective immediately.
41	41	LRB104 03858 RLC 13882 b LRB104 03858 RLC 13882 b
42	42	LRB104 03858 RLC 13882 b
43	43	A BILL FOR
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49	49	430 ILCS 65/8 from Ch. 38, par. 83-8
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68	68	1 (b-5) This subsection (b-5) applies on and after the
69	69	2 181st day following July 12, 2019 (the effective date of
70	70	3 Public Act 101-80). A person under 21 years of age who is
71	71	4 not an active duty member of the United States Armed
72	72	5 Forces or the Illinois National Guard and does not have
73	73	6 the written consent of his or her parent or guardian to
74	74	7 acquire and possess firearms and firearm ammunition, or
75	75	8 whose parent or guardian has revoked such written consent,
76	76	9 or where such parent or guardian does not qualify to have a
77	77	10 Firearm Owner's Identification Card;
78	78	11 (c) A person convicted of a felony under the laws of
79	79	12 this or any other jurisdiction;
80	80	13 (d) A person addicted to narcotics;
81	81	14 (e) A person who has been a patient of a mental health
82	82	15 facility within the past 5 years or a person who has been a
83	83	16 patient in a mental health facility more than 5 years ago
84	84	17 who has not received the certification required under
85	85	18 subsection (u) of this Section. An active law enforcement
86	86	19 officer employed by a unit of government or a Department
87	87	20 of Corrections employee authorized to possess firearms who
88	88	21 is denied, revoked, or has his or her Firearm Owner's
89	89	22 Identification Card seized under this subsection (e) may
90	90	23 obtain relief as described in subsection (c-5) of Section
91	91	24 10 of this Act if the officer or employee did not act in a
92	92	25 manner threatening to the officer or employee, another
93	93	26 person, or the public as determined by the treating
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104	104	1 clinical psychologist or physician, and the officer or
105	105	2 employee seeks mental health treatment;
106	106	3 (f) A person whose mental condition is of such a
107	107	4 nature that it poses a clear and present danger to the
108	108	5 applicant, any other person or persons, or the community;
109	109	6 (g) A person who has an intellectual disability;
110	110	7 (h) A person who intentionally makes a false statement
111	111	8 in the Firearm Owner's Identification Card application or
112	112	9 endorsement affidavit;
113	113	10 (i) A noncitizen who is unlawfully present in the
114	114	11 United States under the laws of the United States;
115	115	12 (i-5) A noncitizen who has been admitted to the United
116	116	13 States under a non-immigrant visa (as that term is defined
117	117	14 in Section 101(a)(26) of the Immigration and Nationality
118	118	15 Act (8 U.S.C. 1101(a)(26))), except that this subsection
119	119	16 (i-5) does not apply to any noncitizen who has been
120	120	17 lawfully admitted to the United States under a
121	121	18 non-immigrant visa if that noncitizen is:
122	122	19 (1) admitted to the United States for lawful
123	123	20 hunting or sporting purposes;
124	124	21 (2) an official representative of a foreign
125	125	22 government who is:
126	126	23 (A) accredited to the United States Government
127	127	24 or the Government's mission to an international
128	128	25 organization having its headquarters in the United
129	129	26 States; or
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140	140	1 (B) en route to or from another country to
141	141	2 which that noncitizen is accredited;
142	142	3 (3) an official of a foreign government or
143	143	4 distinguished foreign visitor who has been so
144	144	5 designated by the Department of State;
145	145	6 (4) a foreign law enforcement officer of a
146	146	7 friendly foreign government entering the United States
147	147	8 on official business; or
148	148	9 (5) one who has received a waiver from the
149	149	10 Attorney General of the United States pursuant to 18
150	150	11 U.S.C. 922(y)(3);
151	151	12 (j) (Blank);
152	152	13 (k) A person who has been convicted within the past 5
153	153	14 years of battery, assault, aggravated assault, violation
154	154	15 of an order of protection, or a substantially similar
155	155	16 offense in another jurisdiction, in which a firearm was
156	156	17 used or possessed;
157	157	18 (l) A person who has been convicted of domestic
158	158	19 battery, aggravated domestic battery, or a substantially
159	159	20 similar offense in another jurisdiction committed before,
160	160	21 on or after January 1, 2012 (the effective date of Public
161	161	22 Act 97-158). If the applicant or person who has been
162	162	23 previously issued a Firearm Owner's Identification Card
163	163	24 under this Act knowingly and intelligently waives the
164	164	25 right to have an offense described in this paragraph (l)
165	165	26 tried by a jury, and by guilty plea or otherwise, results
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176	176	1 in a conviction for an offense in which a domestic
177	177	2 relationship is not a required element of the offense but
178	178	3 in which a determination of the applicability of 18 U.S.C.
179	179	4 922(g)(9) is made under Section 112A-11.1 of the Code of
180	180	5 Criminal Procedure of 1963, an entry by the court of a
181	181	6 judgment of conviction for that offense shall be grounds
182	182	7 for denying an application for and for revoking and
183	183	8 seizing a Firearm Owner's Identification Card previously
184	184	9 issued to the person under this Act;
185	185	10 (m) (Blank);
186	186	11 (n) A person who is prohibited from acquiring or
187	187	12 possessing firearms or firearm ammunition by any Illinois
188	188	13 State statute or by federal law;
189	189	14 (o) A minor subject to a petition filed under Section
190	190	15 5-520 of the Juvenile Court Act of 1987 alleging that the
191	191	16 minor is a delinquent minor for the commission of an
192	192	17 offense that if committed by an adult would be a felony;
193	193	18 (p) An adult who had been adjudicated a delinquent
194	194	19 minor under the Juvenile Court Act of 1987 for the
195	195	20 commission of an offense that if committed by an adult
196	196	21 would be a felony;
197	197	22 (q) A person who is not a resident of the State of
198	198	23 Illinois, except for an Illinois resident in the United
199	199	24 States Military permanently assigned out of state or as
200	200	25 provided in subsection (a-10) of Section 4;
201	201	26 (r) A person who has been adjudicated as a person with
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212	212	1 a mental disability;
213	213	2 (s) A person who has been found to have a
214	214	3 developmental disability;
215	215	4 (t) A person involuntarily admitted into a mental
216	216	5 health facility; or
217	217	6 (u) A person who has had his or her Firearm Owner's
218	218	7 Identification Card revoked or denied under subsection (e)
219	219	8 of this Section or item (iv) of paragraph (2) of
220	220	9 subsection (a) of Section 4 of this Act because he or she
221	221	10 was a patient in a mental health facility as provided in
222	222	11 subsection (e) of this Section, shall not be permitted to
223	223	12 obtain a Firearm Owner's Identification Card, after the
224	224	13 5-year period has lapsed, unless he or she has received a
225	225	14 mental health evaluation by a physician, clinical
226	226	15 psychologist, or qualified examiner as those terms are
227	227	16 defined in the Mental Health and Developmental
228	228	17 Disabilities Code, and has received a certification that
229	229	18 he or she is not a clear and present danger to himself,
230	230	19 herself, or others. The physician, clinical psychologist,
231	231	20 or qualified examiner making the certification and his or
232	232	21 her employer shall not be held criminally, civilly, or
233	233	22 professionally liable for making or not making the
234	234	23 certification required under this subsection, except for
235	235	24 willful or wanton misconduct. This subsection does not
236	236	25 apply to a person whose firearm possession rights have
237	237	26 been restored through administrative or judicial action
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248	248	1 under Section 10 or 11 of this Act.
249	249	2 Upon revocation of a person's Firearm Owner's
250	250	3 Identification Card, the Illinois State Police shall provide
251	251	4 notice to the person and the person shall comply with Section
252	252	5 9.5 of this Act.
253	253	6 (Source: P.A. 101-80, eff. 7-12-19; 102-538, eff. 8-20-21;
254	254	7 102-645, eff. 1-1-22; 102-813, eff. 5-13-22; 102-1030, eff.
255	255	8 5-27-22; 102-1116, eff. 1-10-23.)
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