FOID-DENIAL & REVOC-STALKING

Illinois General Assembly - Full Text of HB0018

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB0018

Introduced 1/9/2025, by Rep. Daniel Didech

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. Provides that the
Illinois State Police has authority to deny an application for or to revoke
and seize a Firearm Owner's Identification Card previously issued under
the Act if the Illinois State Police finds that the applicant or the person
to whom the card was issued is or was at the time of issuance a person who
has been convicted of misdemeanor stalking in another jurisdiction or a
similar misdemeanor offense in another jurisdiction.
LRB104 03143 BDA 13164 b

A BILL FOR

HB0018
LRB104 03143 BDA 13164 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 4 and 8 as follows:

6

(430 ILCS 65/4)

(from Ch. 38, par. 83-4)
7

Sec. 4.
Application for Firearm Owner's Identification
8
Cards.
9

(a) Each applicant for a Firearm Owner's Identification
10
Card must:
11

(1) Submit an application as made available by the
12

Illinois State Police; and
13

(2) Submit evidence to the Illinois State Police that:
14

(i) This subparagraph (i) applies through the
15

180th day following July 12, 2019 (the effective date
16

of Public Act 101-80). He or she is 21 years of age or
17

over, or if he or she is under 21 years of age that he
18

or she has the written consent of his or her parent or
19

legal guardian to possess and acquire firearms and
20

firearm ammunition and that he or she has never been
21

convicted of a misdemeanor other than a traffic
22

offense or adjudged delinquent, provided, however,
23

that such parent or legal guardian is not an

HB0018
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LRB104 03143 BDA 13164 b
1

individual prohibited from having a Firearm Owner's
2

Identification Card and files an affidavit with the
3

Department as prescribed by the Department stating
4

that he or she is not an individual prohibited from
5

having a Card;
6

(i-5) This subparagraph (i-5) applies on and after
7

the 181st day following July 12, 2019 (the effective
8

date of Public Act 101-80). He or she is 21 years of
9

age or over, or if he or she is under 21 years of age
10

that he or she has never been convicted of a
11

misdemeanor other than a traffic offense or adjudged
12

delinquent and is an active duty member of the United
13

States Armed Forces or the Illinois National Guard or
14

has the written consent of his or her parent or legal
15

guardian to possess and acquire firearms and firearm
16

ammunition, provided, however, that such parent or
17

legal guardian is not an individual prohibited from
18

having a Firearm Owner's Identification Card and files
19

an affidavit with the Illinois State Police as
20

prescribed by the Illinois State Police stating that
21

he or she is not an individual prohibited from having a
22

Card or the active duty member of the United States
23

Armed Forces or the Illinois National Guard under 21
24

years of age annually submits proof to the Illinois
25

State Police, in a manner prescribed by the Illinois
26

State Police;

HB0018
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LRB104 03143 BDA 13164 b
1

(ii) He or she has not been convicted of a felony
2

under the laws of this or any other jurisdiction;
3

(iii) He or she is not addicted to narcotics;
4

(iv) He or she has not been a patient in a mental
5

health facility within the past 5 years or, if he or
6

she has been a patient in a mental health facility more
7

than 5 years ago submit the certification required
8

under subsection (u) of Section 8 of this Act;
9

(v) He or she is not a person with an intellectual
10

disability;
11

(vi) He or she is not a noncitizen who is
12

unlawfully present in the United States under the laws
13

of the United States;
14

(vii) He or she is not subject to an existing order
15

of protection prohibiting him or her from possessing a
16

firearm;
17

(viii) He or she has not been convicted within the
18

past 5 years of battery, assault, aggravated assault,
19

violation of an order of protection, or a
20

substantially similar offense in another jurisdiction,
21

in which a firearm was used or possessed;
22

(viii-5) He or she has not been convicted of
23

misdemeanor stalking in another jurisdiction or a
24

similar misdemeanor offense in another jurisdiction;

25

(ix) He or she has not been convicted of domestic
26

battery, aggravated domestic battery, or a

HB0018
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LRB104 03143 BDA 13164 b
1

substantially similar offense in another jurisdiction
2

committed before, on or after January 1, 2012 (the
3

effective date of Public Act 97-158). If the applicant
4

knowingly and intelligently waives the right to have
5

an offense described in this clause (ix) tried by a
6

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

conviction for an offense in which a domestic
8

relationship is not a required element of the offense
9

but in which a determination of the applicability of
10

18 U.S.C. 922(g)(9) is made under Section 112A-11.1 of
11

the Code of Criminal Procedure of 1963, an entry by the
12

court of a judgment of conviction for that offense
13

shall be grounds for denying the issuance of a Firearm
14

Owner's Identification Card under this Section;
15

(x) (Blank);
16

(xi) He or she is not a noncitizen who has been
17

admitted to the United States under a non-immigrant
18

visa (as that term is defined in Section 101(a)(26) of
19

the Immigration and Nationality Act (8 U.S.C.
20

1101(a)(26))), or that he or she is a noncitizen who
21

has been lawfully admitted to the United States under
22

a non-immigrant visa if that noncitizen is:
23

(1) admitted to the United States for lawful
24

hunting or sporting purposes;
25

(2) an official representative of a foreign
26

government who is:

HB0018
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LRB104 03143 BDA 13164 b
1

(A) accredited to the United States
2

Government or the Government's mission to an
3

international organization having its
4

headquarters in the United States; or
5

(B) en route to or from another country to
6

which that noncitizen is accredited;
7

(3) an official of a foreign government or
8

distinguished foreign visitor who has been so
9

designated by the Department of State;
10

(4) a foreign law enforcement officer of a
11

friendly foreign government entering the United
12

States on official business; or
13

(5) one who has received a waiver from the
14

Attorney General of the United States pursuant to
15

18 U.S.C. 922(y)(3);
16

(xii) He or she is not a minor subject to a
17

petition filed under Section 5-520 of the Juvenile
18

Court Act of 1987 alleging that the minor is a
19

delinquent minor for the commission of an offense that
20

if committed by an adult would be a felony;
21

(xiii) He or she is not an adult who had been
22

adjudicated a delinquent minor under the Juvenile
23

Court Act of 1987 for the commission of an offense that
24

if committed by an adult would be a felony;
25

(xiv) He or she is a resident of the State of
26

Illinois;

HB0018
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LRB104 03143 BDA 13164 b
1

(xv) He or she has not been adjudicated as a person
2

with a mental disability;
3

(xvi) He or she has not been involuntarily
4

admitted into a mental health facility; and
5

(xvii) He or she is not a person with a
6

developmental disability; and
7

(3) Upon request by the Illinois State Police, sign a
8

release on a form prescribed by the Illinois State Police
9

waiving any right to confidentiality and requesting the
10

disclosure to the Illinois State Police of limited mental
11

health institution admission information from another
12

state, the District of Columbia, any other territory of
13

the United States, or a foreign nation concerning the
14

applicant for the sole purpose of determining whether the
15

applicant is or was a patient in a mental health
16

institution and disqualified because of that status from
17

receiving a Firearm Owner's Identification Card. No mental
18

health care or treatment records may be requested. The
19

information received shall be destroyed within one year of
20

receipt.
21

(a-5) Each applicant for a Firearm Owner's Identification
22
Card who is over the age of 18 shall furnish to the Illinois
23
State Police either his or her Illinois driver's license
24
number or Illinois Identification Card number, except as
25
provided in subsection (a-10).
26

(a-10) Each applicant for a Firearm Owner's Identification

HB0018
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LRB104 03143 BDA 13164 b
1
Card, who is employed as a law enforcement officer, an armed
2
security officer in Illinois, or by the United States Military
3
permanently assigned in Illinois and who is not an Illinois
4
resident, shall furnish to the Illinois State Police his or
5
her driver's license number or state identification card
6
number from his or her state of residence. The Illinois State
7
Police may adopt rules to enforce the provisions of this
8
subsection (a-10).
9

(a-15) If an applicant applying for a Firearm Owner's
10
Identification Card moves from the residence address named in
11
the application, he or she shall immediately notify in a form
12
and manner prescribed by the Illinois State Police of that
13
change of address.
14

(a-20) Each applicant for a Firearm Owner's Identification
15
Card shall furnish to the Illinois State Police his or her
16
photograph. An applicant who is 21 years of age or older
17
seeking a religious exemption to the photograph requirement
18
must furnish with the application an approved copy of United
19
States Department of the Treasury Internal Revenue Service
20
Form 4029. In lieu of a photograph, an applicant regardless of
21
age seeking a religious exemption to the photograph
22
requirement shall submit fingerprints on a form and manner
23
prescribed by the Illinois State Police with his or her
24
application.
25

(a-25) Beginning January 1, 2023, each applicant for the
26
issuance of a Firearm Owner's Identification Card may include

HB0018
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LRB104 03143 BDA 13164 b
1
a full set of his or her fingerprints in electronic format to
2
the Illinois State Police, unless the applicant has previously
3
provided a full set of his or her fingerprints to the Illinois
4
State Police under this Act or the Firearm Concealed Carry
5
Act.
6

The fingerprints must be transmitted through a live scan
7
fingerprint vendor licensed by the Department of Financial and
8
Professional Regulation. The fingerprints shall be checked
9
against the fingerprint records now and hereafter filed in the
10
Illinois State Police and Federal Bureau of Investigation
11
criminal history records databases, including all available
12
State and local criminal history record information files.
13

The Illinois State Police shall charge applicants a
14
one-time fee for conducting the criminal history record check,
15
which shall be deposited into the State Police Services Fund
16
and shall not exceed the actual cost of the State and national
17
criminal history record check.
18

(a-26) The Illinois State Police shall research, explore,
19
and report to the General Assembly by January 1, 2022 on the
20
feasibility of permitting voluntarily submitted fingerprints
21
obtained for purposes other than Firearm Owner's
22
Identification Card enforcement that are contained in the
23
Illinois State Police database for purposes of this Act.
24

(b) Each application form shall include the following
25
statement printed in bold type: "Warning: Entering false
26
information on an application for a Firearm Owner's

HB0018
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LRB104 03143 BDA 13164 b
1
Identification Card is punishable as a Class 2 felony in
2
accordance with subsection (d-5) of Section 14 of the Firearm
3
Owners Identification Card Act.".
4

(c) Upon such written consent, pursuant to Section 4,
5
paragraph (a)(2)(i), the parent or legal guardian giving the
6
consent shall be liable for any damages resulting from the
7
applicant's use of firearms or firearm ammunition.
8
(Source: P.A. 101-80, eff. 7-12-19; 102-237, eff. 1-1-22;
9
102-538, eff. 8-20-21; 102-813, eff. 5-13-22; 102-1030, eff.
10
5-27-22; 102-1116, eff. 1-10-23.)

11

(430 ILCS 65/8)

(from Ch. 38, par. 83-8)
12

Sec. 8.
Grounds for denial and revocation.
The Illinois
13
State Police has authority to deny an application for or to
14
revoke and seize a Firearm Owner's Identification Card
15
previously issued under this Act only if the Illinois State
16
Police finds that the applicant or the person to whom such card
17
was issued is or was at the time of issuance:
18

(a) A person under 21 years of age who has been
19

convicted of a misdemeanor other than a traffic offense or
20

adjudged delinquent;
21

(b) This subsection (b) applies through the 180th day
22

following July 12, 2019 (the effective date of Public Act
23

101-80). A person under 21 years of age who does not have
24

the written consent of his parent or guardian to acquire
25

and possess firearms and firearm ammunition, or whose

HB0018
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LRB104 03143 BDA 13164 b
1

parent or guardian has revoked such written consent, or
2

where such parent or guardian does not qualify to have a
3

Firearm Owner's Identification Card;
4

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

181st day following July 12, 2019 (the effective date of
6

Public Act 101-80). A person under 21 years of age who is
7

not an active duty member of the United States Armed
8

Forces or the Illinois National Guard and does not have
9

the written consent of his or her parent or guardian to
10

acquire and possess firearms and firearm ammunition, or
11

whose parent or guardian has revoked such written consent,
12

or where such parent or guardian does not qualify to have a
13

Firearm Owner's Identification Card;
14

(c) A person convicted of a felony under the laws of
15

this or any other jurisdiction;
16

(d) A person addicted to narcotics;
17

(e) A person who has been a patient of a mental health
18

facility within the past 5 years or a person who has been a
19

patient in a mental health facility more than 5 years ago
20

who has not received the certification required under
21

subsection (u) of this Section. An active law enforcement
22

officer employed by a unit of government or a Department
23

of Corrections employee authorized to possess firearms who
24

is denied, revoked, or has his or her Firearm Owner's
25

Identification Card seized under this subsection (e) may
26

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

HB0018
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LRB104 03143 BDA 13164 b
1

10 of this Act if the officer or employee did not act in a
2

manner threatening to the officer or employee, another
3

person, or the public as determined by the treating
4

clinical psychologist or physician, and the officer or
5

employee seeks mental health treatment;
6

(f) A person whose mental condition is of such a
7

nature that it poses a clear and present danger to the
8

applicant, any other person or persons, or the community;
9

(g) A person who has an intellectual disability;
10

(h) A person who intentionally makes a false statement
11

in the Firearm Owner's Identification Card application or
12

endorsement affidavit;
13

(i) A noncitizen who is unlawfully present in the
14

United States under the laws of the United States;
15

(i-5) A noncitizen who has been admitted to the United
16

States under a non-immigrant visa (as that term is defined
17

in Section 101(a)(26) of the Immigration and Nationality
18

Act (8 U.S.C. 1101(a)(26))), except that this subsection
19

(i-5) does not apply to any noncitizen who has been
20

lawfully admitted to the United States under a
21

non-immigrant visa if that noncitizen is:
22

(1) admitted to the United States for lawful
23

hunting or sporting purposes;
24

(2) an official representative of a foreign
25

government who is:
26

(A) accredited to the United States Government

HB0018
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LRB104 03143 BDA 13164 b
1

or the Government's mission to an international
2

organization having its headquarters in the United
3

States; or
4

(B) en route to or from another country to
5

which that noncitizen is accredited;
6

(3) an official of a foreign government or
7

distinguished foreign visitor who has been so
8

designated by the Department of State;
9

(4) a foreign law enforcement officer of a
10

friendly foreign government entering the United States
11

on official business; or
12

(5) one who has received a waiver from the
13

Attorney General of the United States pursuant to 18
14

U.S.C. 922(y)(3);
15

(j) (Blank);
16

(k) A person who has been convicted within the past 5
17

years of battery, assault, aggravated assault, violation
18

of an order of protection, or a substantially similar
19

offense in another jurisdiction, in which a firearm was
20

used or possessed;
21

(k-5) A person who has been convicted of misdemeanor
22

stalking in another jurisdiction or a similar misdemeanor
23

offense in another jurisdiction;

24

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

battery, aggravated domestic battery, or a substantially
26

similar offense in another jurisdiction committed before,

HB0018
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LRB104 03143 BDA 13164 b
1

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

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

previously issued a Firearm Owner's Identification Card
4

under this Act knowingly and intelligently waives the
5

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

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

in a conviction for an offense in which a domestic
8

relationship is not a required element of the offense but
9

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

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

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

judgment of conviction for that offense shall be grounds
13

for denying an application for and for revoking and
14

seizing a Firearm Owner's Identification Card previously
15

issued to the person under this Act;
16

(m) (Blank);
17

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

possessing firearms or firearm ammunition by any Illinois
19

State statute or by federal law;
20

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

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

minor is a delinquent minor for the commission of an
23

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

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

minor under the Juvenile Court Act of 1987 for the
26

commission of an offense that if committed by an adult

HB0018
- 14 -
LRB104 03143 BDA 13164 b
1

would be a felony;
2

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

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

Section 4;
5

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

a mental disability;
7

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

developmental disability;
9

(t) A person involuntarily admitted into a mental
10

health facility; or
11

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

Identification Card revoked or denied under subsection (e)
13

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

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

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

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

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

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

mental health evaluation by a physician, clinical
20

psychologist, or qualified examiner as those terms are
21

defined in the Mental Health and Developmental
22

Disabilities Code, and has received a certification that
23

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

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

or qualified examiner making the certification and his or
26

her employer shall not be held criminally, civilly, or

HB0018
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LRB104 03143 BDA 13164 b
1

professionally liable for making or not making the
2

certification required under this subsection, except for
3

willful or wanton misconduct. This subsection does not
4

apply to a person whose firearm possession rights have
5

been restored through administrative or judicial action
6

under Section 10 or 11 of this Act.
7

Upon revocation of a person's Firearm Owner's
8
Identification Card, the Illinois State Police shall provide
9
notice to the person and the person shall comply with Section
10
9.5 of this Act.
11
(Source: P.A. 101-80, eff. 7-12-19; 102-538, eff. 8-20-21;
12
102-645, eff. 1-1-22; 102-813, eff. 5-13-22; 102-1030, eff.
13
5-27-22; 102-1116, eff. 1-10-23.)

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