103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4260

Introduced , by Rep. Amy Elik

SYNOPSIS AS INTRODUCED:

`430 ILCS 65/8`	`from Ch. 38, par. 83-8`
`430 ILCS 65/10`	`from Ch. 38, par. 83-10`
`430 ILCS 65/13.2`	`from Ch. 38, par. 83-13.2`
`430 ILCS 66/60`

Amends the Firearm Owners Identification Card Act. Provides that, if the Illinois State Police denies an application for or revokes and seizes a Firearm Owner's Identification Card because an individual has been a patient of a mental health facility, the notice to the applicant or card holder of denial of an application for or revocation of the person's Firearm Owner's Identification Card shall include the date or dates of admission of the person to the mental health facility and the name of the facility. Provides that, if the Firearm Owner's Identification Card Review Board does not, within 90 days of the filing of the applicant's appeal of a denial of a Firearm Owner's Identification Card or revocation of a Firearm Owner's Identification Card, render a decision on the appeal, the failure to render a decision shall constitute a rejection of the appeal, and the applicant or card holder may appeal to the circuit court for relief. Provides that the cost for replacement of a combined Firearm Owner's Identification Card and concealed carry license is $5 if the person has changed his or her address. Amends the Firearm Concealed Carry Act to make conforming changes.

LRB103 34591 RLC 64429 b

A BILL FOR

HB4260

LRB103 34591 RLC 64429 b

1 AN ACT concerning safety.

2 Be it enacted by the People of the State of Illinois,

3 represented in the General Assembly:

4 Section 5. The Firearm Owners Identification Card Act is

5 amended by changing Sections 8, 10, and 13.2 as follows:

6 (430 ILCS 65/8) (from Ch. 38, par. 83-8)

7 Sec. 8. Grounds for denial and revocation. The Illinois

8 State Police has authority to deny an application for or to

9 revoke and seize a Firearm Owner's Identification Card

10 previously issued under this Act only if the Illinois State

11 Police finds that the applicant or the person to whom such card

12 was issued is or was at the time of issuance:

13 (a) A person under 21 years of age who has been

14 convicted of a misdemeanor other than a traffic offense or

15 adjudged delinquent;

16 (b) This subsection (b) applies through the 180th day

17 following July 12, 2019 (the effective date of Public Act

18 101-80). A person under 21 years of age who does not have

19 the written consent of his parent or guardian to acquire

20 and possess firearms and firearm ammunition, or whose

21 parent or guardian has revoked such written consent, or

22 where such parent or guardian does not qualify to have a

23 Firearm Owner's Identification Card;

HB4260

- 2 -

LRB103 34591 RLC 64429 b

1 (b-5) This subsection (b-5) applies on and after the

2 181st day following July 12, 2019 (the effective date of

3 Public Act 101-80). A person under 21 years of age who is

4 not an active duty member of the United States Armed

5 Forces or the Illinois National Guard and does not have

6 the written consent of his or her parent or guardian to

7 acquire and possess firearms and firearm ammunition, or

8 whose parent or guardian has revoked such written consent,

9 or where such parent or guardian does not qualify to have a

10 Firearm Owner's Identification Card;

11 (c) A person convicted of a felony under the laws of

12 this or any other jurisdiction;

13 (d) A person addicted to narcotics;

14 (e) A person who has been a patient of a mental health

15 facility within the past 5 years or a person who has been a

16 patient in a mental health facility more than 5 years ago

17 who has not received the certification required under

18 subsection (u) of this Section. An active law enforcement

19 officer employed by a unit of government or a Department

20 of Corrections employee authorized to possess firearms who

21 is denied, revoked, or has his or her Firearm Owner's

22 Identification Card seized under this subsection (e) may

23 obtain relief as described in subsection (c-5) of Section

24 10 of this Act if the officer or employee did not act in a

25 manner threatening to the officer or employee, another

26 person, or the public as determined by the treating

HB4260

- 3 -

LRB103 34591 RLC 64429 b

1 clinical psychologist or physician, and the officer or

2 employee seeks mental health treatment. If the Illinois

3 State Police denies an application for or revokes and

4 seizes a Firearm Owner's Identification Card under this

5 subsection (e), the notice to the applicant or card holder

6 of denial of an application for or revocation of the

7 person's Firearm Owner's Identification Card shall include

8 the date or dates of admission of the person to the mental

9 health facility and the name of the facility;

10 (f) A person whose mental condition is of such a

11 nature that it poses a clear and present danger to the

12 applicant, any other person or persons, or the community;

13 (g) A person who has an intellectual disability;

14 (h) A person who intentionally makes a false statement

15 in the Firearm Owner's Identification Card application or

16 endorsement affidavit;

17 (i) A noncitizen who is unlawfully present in the

18 United States under the laws of the United States;

19 (i-5) A noncitizen who has been admitted to the United

20 States under a non-immigrant visa (as that term is defined

21 in Section 101(a)(26) of the Immigration and Nationality

22 Act (8 U.S.C. 1101(a)(26))), except that this subsection

23 (i-5) does not apply to any noncitizen who has been

24 lawfully admitted to the United States under a

25 non-immigrant visa if that noncitizen is:

26 (1) admitted to the United States for lawful

HB4260

- 4 -

LRB103 34591 RLC 64429 b

1 hunting or sporting purposes;

2 (2) an official representative of a foreign

3 government who is:

4 (A) accredited to the United States Government

5 or the Government's mission to an international

6 organization having its headquarters in the United

7 States; or

8 (B) en route to or from another country to

9 which that noncitizen is accredited;

10 (3) an official of a foreign government or

11 distinguished foreign visitor who has been so

12 designated by the Department of State;

13 (4) a foreign law enforcement officer of a

14 friendly foreign government entering the United States

15 on official business; or

16 (5) one who has received a waiver from the

17 Attorney General of the United States pursuant to 18

18 U.S.C. 922(y)(3);

19 (j) (Blank);

20 (k) A person who has been convicted within the past 5

21 years of battery, assault, aggravated assault, violation

22 of an order of protection, or a substantially similar

23 offense in another jurisdiction, in which a firearm was

24 used or possessed;

25 (l) A person who has been convicted of domestic

26 battery, aggravated domestic battery, or a substantially

HB4260

- 5 -

LRB103 34591 RLC 64429 b

1 similar offense in another jurisdiction committed before,

2 on or after January 1, 2012 (the effective date of Public

3 Act 97-158). If the applicant or person who has been

4 previously issued a Firearm Owner's Identification Card

5 under this Act knowingly and intelligently waives the

6 right to have an offense described in this paragraph (l)

7 tried by a jury, and by guilty plea or otherwise, results

8 in a conviction for an offense in which a domestic

9 relationship is not a required element of the offense but

10 in which a determination of the applicability of 18 U.S.C.

11 922(g)(9) is made under Section 112A-11.1 of the Code of

12 Criminal Procedure of 1963, an entry by the court of a

13 judgment of conviction for that offense shall be grounds

14 for denying an application for and for revoking and

15 seizing a Firearm Owner's Identification Card previously

16 issued to the person under this Act;

17 (m) (Blank);

18 (n) A person who is prohibited from acquiring or

19 possessing firearms or firearm ammunition by any Illinois

20 State statute or by federal law;

21 (o) A minor subject to a petition filed under Section

22 5-520 of the Juvenile Court Act of 1987 alleging that the

23 minor is a delinquent minor for the commission of an

24 offense that if committed by an adult would be a felony;

25 (p) An adult who had been adjudicated a delinquent

26 minor under the Juvenile Court Act of 1987 for the

HB4260

- 6 -

LRB103 34591 RLC 64429 b

1 commission of an offense that if committed by an adult

2 would be a felony;

3 (q) A person who is not a resident of the State of

4 Illinois, except as provided in subsection (a-10) of

5 Section 4;

6 (r) A person who has been adjudicated as a person with

7 a mental disability;

8 (s) A person who has been found to have a

9 developmental disability;

10 (t) A person involuntarily admitted into a mental

11 health facility; or

12 (u) A person who has had his or her Firearm Owner's

13 Identification Card revoked or denied under subsection (e)

14 of this Section or item (iv) of paragraph (2) of

15 subsection (a) of Section 4 of this Act because he or she

16 was a patient in a mental health facility as provided in

17 subsection (e) of this Section, shall not be permitted to

18 obtain a Firearm Owner's Identification Card, after the

19 5-year period has lapsed, unless he or she has received a

20 mental health evaluation by a physician, clinical

21 psychologist, or qualified examiner as those terms are

22 defined in the Mental Health and Developmental

23 Disabilities Code, and has received a certification that

24 he or she is not a clear and present danger to himself,

25 herself, or others. The physician, clinical psychologist,

26 or qualified examiner making the certification and his or

HB4260

- 7 -

LRB103 34591 RLC 64429 b

1 her employer shall not be held criminally, civilly, or

2 professionally liable for making or not making the

3 certification required under this subsection, except for

4 willful or wanton misconduct. This subsection does not

5 apply to a person whose firearm possession rights have

6 been restored through administrative or judicial action

7 under Section 10 or 11 of this Act.

8 Upon revocation of a person's Firearm Owner's

9 Identification Card, the Illinois State Police shall provide

10 notice to the person and the person shall comply with Section

11 9.5 of this Act.

12 (Source: P.A. 101-80, eff. 7-12-19; 102-538, eff. 8-20-21;

13 102-645, eff. 1-1-22; 102-813, eff. 5-13-22; 102-1030, eff.

14 5-27-22; 102-1116, eff. 1-10-23.)

15 (430 ILCS 65/10) (from Ch. 38, par. 83-10)

16 Sec. 10. Appeals; hearing; relief from firearm

17 prohibitions.

18 (a) Whenever an application for a Firearm Owner's

19 Identification Card is denied or whenever such a Card is

20 revoked or seized as provided for in Section 8 of this Act, the

21 aggrieved party may (1) file a record challenge with the

22 Director regarding the record upon which the decision to deny

23 or revoke the Firearm Owner's Identification Card was based

24 under subsection (a-5); or (2) appeal to the Director of the

25 Illinois State Police through December 31, 2022, or beginning

HB4260

- 8 -

LRB103 34591 RLC 64429 b

1 January 1, 2023, the Firearm Owner's Identification Card

2 Review Board for a hearing seeking relief from such denial or

3 revocation unless the denial or revocation was based upon a

4 forcible felony, stalking, aggravated stalking, domestic

5 battery, any violation of the Illinois Controlled Substances

6 Act, the Methamphetamine Control and Community Protection Act,

7 or the Cannabis Control Act that is classified as a Class 2 or

8 greater felony, any felony violation of Article 24 of the

9 Criminal Code of 1961 or the Criminal Code of 2012, or any

10 adjudication as a delinquent minor for the commission of an

11 offense that if committed by an adult would be a felony, in

12 which case the aggrieved party may petition the circuit court

13 in writing in the county of his or her residence for a hearing

14 seeking relief from such denial or revocation.

15 (a-5) There is created a Firearm Owner's Identification

16 Card Review Board to consider any appeal under subsection (a)

17 beginning January 1, 2023, other than an appeal directed to

18 the circuit court and except when the applicant is challenging

19 the record upon which the decision to deny or revoke was based

20 as provided in subsection (a-10).

21 (0.05) In furtherance of the policy of this Act that

22 the Board shall exercise its powers and duties in an

23 independent manner, subject to the provisions of this Act

24 but free from the direction, control, or influence of any

25 other agency or department of State government. All

26 expenses and liabilities incurred by the Board in the

HB4260

- 9 -

LRB103 34591 RLC 64429 b

1 performance of its responsibilities hereunder shall be

2 paid from funds which shall be appropriated to the Board

3 by the General Assembly for the ordinary and contingent

4 expenses of the Board.

5 (1) The Board shall consist of 7 members appointed by

6 the Governor, with the advice and consent of the Senate,

7 with 3 members residing within the First Judicial District

8 and one member residing within each of the 4 remaining

9 Judicial Districts. No more than 4 members shall be

10 members of the same political party. The Governor shall

11 designate one member as the chairperson. The members shall

12 have actual experience in law, education, social work,

13 behavioral sciences, law enforcement, or community affairs

14 or in a combination of those areas.

15 (2) The terms of the members initially appointed after

16 January 1, 2022 (the effective date of Public Act 102-237)

17 shall be as follows: one of the initial members shall be

18 appointed for a term of one year, 3 shall be appointed for

19 terms of 2 years, and 3 shall be appointed for terms of 4

20 years. Thereafter, members shall hold office for 4 years,

21 with terms expiring on the second Monday in January

22 immediately following the expiration of their terms and

23 every 4 years thereafter. Members may be reappointed.

24 Vacancies in the office of member shall be filled in the

25 same manner as the original appointment, for the remainder

26 of the unexpired term. The Governor may remove a member

HB4260

- 10 -

LRB103 34591 RLC 64429 b

1 for incompetence, neglect of duty, malfeasance, or

2 inability to serve. Members shall receive compensation in

3 an amount equal to the compensation of members of the

4 Executive Ethics Commission and, beginning July 1, 2023,

5 shall be compensated from appropriations provided to the

6 Comptroller for this purpose. Members may be reimbursed,

7 from funds appropriated for such a purpose, for reasonable

8 expenses actually incurred in the performance of their

9 Board duties. The Illinois State Police shall designate an

10 employee to serve as Executive Director of the Board and

11 provide logistical and administrative assistance to the

12 Board.

13 (3) The Board shall meet at least quarterly each year

14 and at the call of the chairperson as often as necessary to

15 consider appeals of decisions made with respect to

16 applications for a Firearm Owner's Identification Card

17 under this Act. If necessary to ensure the participation

18 of a member, the Board shall allow a member to participate

19 in a Board meeting by electronic communication. Any member

20 participating electronically shall be deemed present for

21 purposes of establishing a quorum and voting.

22 (4) The Board shall adopt rules for the review of

23 appeals and the conduct of hearings. The Board shall

24 maintain a record of its decisions and all materials

25 considered in making its decisions. All Board decisions

26 and voting records shall be kept confidential and all

HB4260

- 11 -

LRB103 34591 RLC 64429 b

1 materials considered by the Board shall be exempt from

2 inspection except upon order of a court.

3 (5) In considering an appeal, the Board shall review

4 the materials received concerning the denial or revocation

5 by the Illinois State Police. By a vote of at least 4

6 members, the Board may request additional information from

7 the Illinois State Police or the applicant or the

8 testimony of the Illinois State Police or the applicant.

9 The Board may require that the applicant submit electronic

10 fingerprints to the Illinois State Police for an updated

11 background check if the Board determines it lacks

12 sufficient information to determine eligibility. The Board

13 may consider information submitted by the Illinois State

14 Police, a law enforcement agency, or the applicant. The

15 Board shall review each denial or revocation and determine

16 by a majority of members whether an applicant should be

17 granted relief under subsection (c).

18 (6) The Board shall by order issue summary decisions.

19 The Board shall issue a decision within 45 days of

20 receiving all completed appeal documents from the Illinois

21 State Police and the applicant. However, the Board need

22 not issue a decision within 45 days if:

23 (A) the Board requests information from the

24 applicant, including, but not limited to, electronic

25 fingerprints to be submitted to the Illinois State

26 Police, in accordance with paragraph (5) of this

HB4260

- 12 -

LRB103 34591 RLC 64429 b

1 subsection, in which case the Board shall make a

2 decision within 30 days of receipt of the required

3 information from the applicant;

4 (B) the applicant agrees, in writing, to allow the

5 Board additional time to consider an appeal; or

6 (C) the Board notifies the applicant and the

7 Illinois State Police that the Board needs an

8 additional 30 days to issue a decision. The Board may

9 only issue 2 extensions under this subparagraph (C).

10 The Board's notification to the applicant and the

11 Illinois State Police shall include an explanation for

12 the extension.

13 (7) If the Board determines that the applicant is

14 eligible for relief under subsection (c), the Board shall

15 notify the applicant and the Illinois State Police that

16 relief has been granted and the Illinois State Police

17 shall issue the Card.

18 (8) Meetings of the Board shall not be subject to the

19 Open Meetings Act and records of the Board shall not be

20 subject to the Freedom of Information Act.

21 (9) The Board shall report monthly to the Governor and

22 the General Assembly on the number of appeals received and

23 provide details of the circumstances in which the Board

24 has determined to deny Firearm Owner's Identification

25 Cards under this subsection (a-5). The report shall not

26 contain any identifying information about the applicants.

HB4260

- 13 -

LRB103 34591 RLC 64429 b

1 (a-6) If the Board does not, within 90 days of the filing

2 of the applicant's appeal of a denial of a Firearm Owner's

3 Identification Card or revocation of a Firearm Owner's

4 Identification Card, render a decision on the appeal, the

5 failure to render a decision shall constitute a rejection of

6 the appeal, and the applicant or card holder may appeal to the

7 circuit court for relief.

8 (a-10) Whenever an applicant or cardholder is not seeking

9 relief from a firearms prohibition under subsection (c) but

10 rather does not believe the applicant is appropriately denied

11 or revoked and is challenging the record upon which the

12 decision to deny or revoke the Firearm Owner's Identification

13 Card was based, or whenever the Illinois State Police fails to

14 act on an application within 30 days of its receipt, the

15 applicant shall file such challenge with the Director. The

16 Director shall render a decision within 60 business days of

17 receipt of all information supporting the challenge. The

18 Illinois State Police shall adopt rules for the review of a

19 record challenge.

20 (b) At least 30 days before any hearing in the circuit

21 court, the petitioner shall serve the relevant State's

22 Attorney with a copy of the petition. The State's Attorney may

23 object to the petition and present evidence. At the hearing,

24 the court shall determine whether substantial justice has been

25 done. Should the court determine that substantial justice has

26 not been done, the court shall issue an order directing the

HB4260

- 14 -

LRB103 34591 RLC 64429 b

1 Illinois State Police to issue a Card. However, the court

2 shall not issue the order if the petitioner is otherwise

3 prohibited from obtaining, possessing, or using a firearm

4 under federal law.

5 (c) Any person prohibited from possessing a firearm under

6 Sections 24-1.1 or 24-3.1 of the Criminal Code of 2012 or

7 acquiring a Firearm Owner's Identification Card under Section

8 8 of this Act may apply to the Firearm Owner's Identification

9 Card Review Board or petition the circuit court in the county

10 where the petitioner resides, whichever is applicable in

11 accordance with subsection (a) of this Section, requesting

12 relief from such prohibition and the Board or court may grant

13 such relief if it is established by the applicant to the

14 court's or the Board's satisfaction that:

15 (0.05) when in the circuit court, the State's Attorney

16 has been served with a written copy of the petition at

17 least 30 days before any such hearing in the circuit court

18 and at the hearing the State's Attorney was afforded an

19 opportunity to present evidence and object to the

20 petition;

21 (1) the applicant has not been convicted of a forcible

22 felony under the laws of this State or any other

23 jurisdiction within 20 years of the applicant's

24 application for a Firearm Owner's Identification Card, or

25 at least 20 years have passed since the end of any period

26 of imprisonment imposed in relation to that conviction;

HB4260

- 15 -

LRB103 34591 RLC 64429 b

1 (2) the circumstances regarding a criminal conviction,

2 where applicable, the applicant's criminal history and his

3 reputation are such that the applicant will not be likely

4 to act in a manner dangerous to public safety;

5 (3) granting relief would not be contrary to the

6 public interest; and

7 (4) granting relief would not be contrary to federal

8 law.

9 (c-5) (1) An active law enforcement officer employed by a

10 unit of government or a Department of Corrections employee

11 authorized to possess firearms who is denied, revoked, or has

12 his or her Firearm Owner's Identification Card seized under

13 subsection (e) of Section 8 of this Act may apply to the

14 Firearm Owner's Identification Card Review Board requesting

15 relief if the officer or employee did not act in a manner

16 threatening to the officer or employee, another person, or the

17 public as determined by the treating clinical psychologist or

18 physician, and as a result of his or her work is referred by

19 the employer for or voluntarily seeks mental health evaluation

20 or treatment by a licensed clinical psychologist,

21 psychiatrist, or qualified examiner, and:

22 (A) the officer or employee has not received treatment

23 involuntarily at a mental health facility, regardless of

24 the length of admission; or has not been voluntarily

25 admitted to a mental health facility for more than 30 days

26 and not for more than one incident within the past 5 years;

HB4260

- 16 -

LRB103 34591 RLC 64429 b

1 and

2 (B) the officer or employee has not left the mental

3 institution against medical advice.

4 (2) The Firearm Owner's Identification Card Review Board

5 shall grant expedited relief to active law enforcement

6 officers and employees described in paragraph (1) of this

7 subsection (c-5) upon a determination by the Board that the

8 officer's or employee's possession of a firearm does not

9 present a threat to themselves, others, or public safety. The

10 Board shall act on the request for relief within 30 business

11 days of receipt of:

12 (A) a notarized statement from the officer or employee

13 in the form prescribed by the Board detailing the

14 circumstances that led to the hospitalization;

15 (B) all documentation regarding the admission,

16 evaluation, treatment and discharge from the treating

17 licensed clinical psychologist or psychiatrist of the

18 officer;

19 (C) a psychological fitness for duty evaluation of the

20 person completed after the time of discharge; and

21 (D) written confirmation in the form prescribed by the

22 Board from the treating licensed clinical psychologist or

23 psychiatrist that the provisions set forth in paragraph

24 (1) of this subsection (c-5) have been met, the person

25 successfully completed treatment, and their professional

26 opinion regarding the person's ability to possess

HB4260

- 17 -

LRB103 34591 RLC 64429 b

1 firearms.

2 (3) Officers and employees eligible for the expedited

3 relief in paragraph (2) of this subsection (c-5) have the

4 burden of proof on eligibility and must provide all

5 information required. The Board may not consider granting

6 expedited relief until the proof and information is received.

7 (4) "Clinical psychologist", "psychiatrist", and

8 "qualified examiner" shall have the same meaning as provided

9 in Chapter I of the Mental Health and Developmental

10 Disabilities Code.

11 (c-10) (1) An applicant, who is denied, revoked, or has

12 his or her Firearm Owner's Identification Card seized under

13 subsection (e) of Section 8 of this Act based upon a

14 determination of a developmental disability or an intellectual

15 disability may apply to the Firearm Owner's Identification

16 Card Review Board requesting relief.

17 (2) The Board shall act on the request for relief within 60

18 business days of receipt of written certification, in the form

19 prescribed by the Board, from a physician or clinical

20 psychologist, or qualified examiner, that the aggrieved

21 party's developmental disability or intellectual disability

22 condition is determined by a physician, clinical psychologist,

23 or qualified to be mild. If a fact-finding conference is

24 scheduled to obtain additional information concerning the

25 circumstances of the denial or revocation, the 60 business

26 days the Director has to act shall be tolled until the

HB4260

- 18 -

LRB103 34591 RLC 64429 b

1 completion of the fact-finding conference.

2 (3) The Board may grant relief if the aggrieved party's

3 developmental disability or intellectual disability is mild as

4 determined by a physician, clinical psychologist, or qualified

5 examiner and it is established by the applicant to the Board's

6 satisfaction that:

7 (A) granting relief would not be contrary to the

8 public interest; and

9 (B) granting relief would not be contrary to federal

10 law.

11 (4) The Board may not grant relief if the condition is

12 determined by a physician, clinical psychologist, or qualified

13 examiner to be moderate, severe, or profound.

14 (5) The changes made to this Section by Public Act 99-29

15 apply to requests for relief pending on or before July 10, 2015

16 (the effective date of Public Act 99-29), except that the

17 60-day period for the Director to act on requests pending

18 before the effective date shall begin on July 10, 2015 (the

19 effective date of Public Act 99-29). All appeals as provided

20 in subsection (a-5) pending on January 1, 2023 shall be

21 considered by the Board.

22 (d) When a minor is adjudicated delinquent for an offense

23 which if committed by an adult would be a felony, the court

24 shall notify the Illinois State Police.

25 (e) The court shall review the denial of an application or

26 the revocation of a Firearm Owner's Identification Card of a

HB4260

- 19 -

LRB103 34591 RLC 64429 b

1 person who has been adjudicated delinquent for an offense that

2 if committed by an adult would be a felony if an application

3 for relief has been filed at least 10 years after the

4 adjudication of delinquency and the court determines that the

5 applicant should be granted relief from disability to obtain a

6 Firearm Owner's Identification Card. If the court grants

7 relief, the court shall notify the Illinois State Police that

8 the disability has been removed and that the applicant is

9 eligible to obtain a Firearm Owner's Identification Card.

10 (f) Any person who is subject to the disabilities of 18

11 U.S.C. 922(d)(4) and 922(g)(4) of the federal Gun Control Act

12 of 1968 because of an adjudication or commitment that occurred

13 under the laws of this State or who was determined to be

14 subject to the provisions of subsections (e), (f), or (g) of

15 Section 8 of this Act may apply to the Illinois State Police

16 requesting relief from that prohibition. The Board shall grant

17 the relief if it is established by a preponderance of the

18 evidence that the person will not be likely to act in a manner

19 dangerous to public safety and that granting relief would not

20 be contrary to the public interest. In making this

21 determination, the Board shall receive evidence concerning (i)

22 the circumstances regarding the firearms disabilities from

23 which relief is sought; (ii) the petitioner's mental health

24 and criminal history records, if any; (iii) the petitioner's

25 reputation, developed at a minimum through character witness

26 statements, testimony, or other character evidence; and (iv)

HB4260

- 20 -

LRB103 34591 RLC 64429 b

1 changes in the petitioner's condition or circumstances since

2 the disqualifying events relevant to the relief sought. If

3 relief is granted under this subsection or by order of a court

4 under this Section, the Director shall as soon as practicable

5 but in no case later than 15 business days, update, correct,

6 modify, or remove the person's record in any database that the

7 Illinois State Police makes available to the National Instant

8 Criminal Background Check System and notify the United States

9 Attorney General that the basis for the record being made

10 available no longer applies. The Illinois State Police shall

11 adopt rules for the administration of this Section.

12 (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;

13 102-645, eff. 1-1-22; 102-813, eff. 5-13-22; 102-1115, eff.

14 1-9-23; 102-1129, eff. 2-10-23; revised 2-28-23.)

15 (430 ILCS 65/13.2) (from Ch. 38, par. 83-13.2)

16 Sec. 13.2. Renewal; name, photograph, or address change;

17 replacement card. The Illinois State Police shall, 180 days

18 prior to the expiration of a Firearm Owner's Identification

19 Card, forward by first class mail or by other means provided in

20 Section 7.5 to each person whose card is to expire a

21 notification of the expiration of the card and instructions

22 for renewal. It is the obligation of the holder of a Firearm

23 Owner's Identification Card to notify the Illinois State

24 Police of any address change since the issuance of the Firearm

25 Owner's Identification Card. The Illinois State Police may

HB4260

- 21 -

LRB103 34591 RLC 64429 b

1 update the applicant and card holder's address based upon

2 records in the Secretary of State Driver's License or Illinois

3 identification card records of applicants who do not have

4 driver's licenses. Any person whose legal name has changed

5 from the name on the card that he or she has been previously

6 issued must apply for a corrected card within 30 calendar days

7 after the change. The cost for an updated or corrected card

8 shall be $5. The cost for replacement of a card which has been

9 lost, destroyed, or stolen shall be $5 if the loss,

10 destruction, or theft of the card is reported to the Illinois

11 State Police. The cost for replacement of a combined Firearm

12 Owner's Identification Card and concealed carry license if the

13 person has changed his or her address is $5. The fees collected

14 under this Section shall be deposited into the State Police

15 Firearm Services Fund.

16 (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;

17 102-813, eff. 5-13-22.)

18 Section 10. The Firearm Concealed Carry Act is amended by

19 changing Section 60 as follows:

20 (430 ILCS 66/60)

21 Sec. 60. Fees.

22 (a) All fees collected under this Act shall be deposited

23 as provided in this Section. Application, renewal, and

24 replacement fees shall be non-refundable.

HB4260

- 22 -

LRB103 34591 RLC 64429 b