FOID CARDS-REINSTATEMENT

Illinois General Assembly - Full Text of SB2840

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB2840

Introduced 1/13/2026, by Sen. Willie Preston

SYNOPSIS AS INTRODUCED:

430 ILCS 65/8
430 ILCS 65/10

from Ch. 38, par. 83-10
430 ILCS 65/10.7 new
430 ILCS 65/10.8 new
430 ILCS 65/10.9 new

Amends the Firearm Owners Identification Card Act. Provides that the
Illinois State Police shall not deny an application for a Firearm Owner's
Identification Card or revoke a Firearm Owner's Identification Card on the
basis of: (1) any conviction, adjudication, or delinquency finding that
has been vacated, reversed, or set aside by a court; or (2) any record that
has been expunged, sealed, or otherwise ordered removed under the Criminal
Identification Act or Juvenile Court Act of 1987. Provides that the
Illinois State Police shall eliminate from all internal databases any of
these records within 45 days after receipt of the court order. Provides
that use of any such record in connection with a Firearm Owner's
Identification Card determination is prohibited. Provides that when a
circuit court issues a final order directing the Illinois State Police to
issue or reinstate a Firearm Owner's Identification Card of a person whose
application for a card has been denied or whose card has been revoked, the
Illinois State Police shall comply with the order and issue the card within
30 days after receipt of the order, unless the Illinois State Police files
a petition for review in the Appellate Court within that 30-day period.
Provides that if the Illinois State Police fails to comply with that
provision, the person's application for a Firearm Owner's Identification
Card shall be automatically granted by the Illinois State Police by
operation of law or the person's Firearm Owner's Identification Card shall
be automatically restored by operation of law on the 31st day after receipt
of the order. Provides for the submission of certain quarterly reports by
the Illinois State Police to the General Assembly and to the Governor.
Effective immediately.
LRB104 16612 BDA 30012 b

A BILL FOR

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LRB104 16612 BDA 30012 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 and 10 and by adding Sections
6
10.7, 10.8, and 10.9 as follows:

7

(430 ILCS 65/8)
8

Sec. 8.
Grounds for denial and revocation.
The Illinois
9
State Police has authority to deny an application for or to
10
revoke and seize a Firearm Owner's Identification Card
11
previously issued under this Act only if the Illinois State
12
Police finds that the applicant or the person to whom such card
13
was issued is or was at the time of issuance:
14

(a) A person under 21 years of age who has been
15

convicted of a misdemeanor other than a traffic offense or
16

adjudged delinquent;
17

(b) This subsection (b) applies through the 180th day
18

following July 12, 2019 (the effective date of Public Act
19

101-80). A person under 21 years of age who does not have
20

the written consent of his parent or guardian to acquire
21

and possess firearms and firearm ammunition, or whose
22

parent or guardian has revoked such written consent, or
23

where such parent or guardian does not qualify to have a

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Firearm Owner's Identification Card;
2

(b-5) This subsection (b-5) applies on and after the
3

181st day following July 12, 2019 (the effective date of
4

Public Act 101-80). A person under 21 years of age who is
5

not an active duty member of the United States Armed
6

Forces or the Illinois National Guard and does not have
7

the written consent of his or her parent or guardian to
8

acquire and possess firearms and firearm ammunition, or
9

whose parent or guardian has revoked such written consent,
10

or where such parent or guardian does not qualify to have a
11

Firearm Owner's Identification Card;
12

(c) A person convicted of a felony under the laws of
13

this or any other jurisdiction;
14

(d) A person addicted to narcotics;
15

(e) A person who has been a patient of a mental health
16

facility within the past 5 years or a person who has been a
17

patient in a mental health facility more than 5 years ago
18

who has not received the certification required under
19

subsection (u) of this Section. An active law enforcement
20

officer employed by a unit of government or a Department
21

of Corrections employee authorized to possess firearms who
22

is denied, revoked, or has his or her Firearm Owner's
23

Identification Card seized under this subsection (e) may
24

obtain relief as described in subsection (c-5) of Section
25

10 of this Act if the officer or employee did not act in a
26

manner threatening to the officer or employee, another

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person, or the public as determined by the treating
2

clinical psychologist or physician, and the officer or
3

employee seeks mental health treatment;
4

(f) A person whose mental condition is of such a
5

nature that it poses a clear and present danger to the
6

applicant, any other person or persons, or the community;
7

(g) A person who has an intellectual disability;
8

(h) A person who intentionally makes a false statement
9

in the Firearm Owner's Identification Card application or
10

endorsement affidavit;
11

(i) A noncitizen who is unlawfully present in the
12

United States under the laws of the United States;
13

(i-5) A noncitizen who has been admitted to the United
14

States under a non-immigrant visa (as that term is defined
15

in Section 101(a)(26) of the Immigration and Nationality
16

Act (8 U.S.C. 1101(a)(26))), except that this subsection
17

(i-5) does not apply to any noncitizen who has been
18

lawfully admitted to the United States under a
19

non-immigrant visa if that noncitizen is:
20

(1) admitted to the United States for lawful
21

hunting or sporting purposes;
22

(2) an official representative of a foreign
23

government who is:
24

(A) accredited to the United States Government
25

or the Government's mission to an international
26

organization having its headquarters in the United

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States; or
2

(B) en route to or from another country to
3

which that noncitizen is accredited;
4

(3) an official of a foreign government or
5

distinguished foreign visitor who has been so
6

designated by the Department of State;
7

(4) a foreign law enforcement officer of a
8

friendly foreign government entering the United States
9

on official business; or
10

(5) one who has received a waiver from the
11

Attorney General of the United States pursuant to 18
12

U.S.C. 922(y)(3);
13

(j) (Blank);
14

(k) A person who has been convicted within the past 5
15

years of battery, assault, aggravated assault, violation
16

of an order of protection, or a substantially similar
17

offense in another jurisdiction, in which a firearm was
18

used or possessed;
19

(l) A person who has been convicted of domestic
20

battery, aggravated domestic battery, or a substantially
21

similar offense in another jurisdiction committed before,
22

on or after January 1, 2012 (the effective date of Public
23

Act 97-158). If the applicant or person who has been
24

previously issued a Firearm Owner's Identification Card
25

under this Act knowingly and intelligently waives the
26

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

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tried by a jury, and by guilty plea or otherwise, results
2

in a conviction for an offense in which a domestic
3

relationship is not a required element of the offense but
4

in which a determination of the applicability of 18 U.S.C.
5

922(g)(9) is made under Section 112A-11.1 of the Code of
6

Criminal Procedure of 1963, an entry by the court of a
7

judgment of conviction for that offense shall be grounds
8

for denying an application for and for revoking and
9

seizing a Firearm Owner's Identification Card previously
10

issued to the person under this Act;
11

(m) (Blank);
12

(n) A person who is prohibited from acquiring or
13

possessing firearms or firearm ammunition by any Illinois
14

State statute or by federal law;
15

(o) A minor subject to a petition filed under Section
16

5-520 of the Juvenile Court Act of 1987 alleging that the
17

minor is a delinquent minor for the commission of an
18

offense that if committed by an adult would be a felony;
19

(p) An adult who had been adjudicated a delinquent
20

minor under the Juvenile Court Act of 1987 for the
21

commission of an offense that if committed by an adult
22

would be a felony;
23

(q) A person who is not a resident of the State of
24

Illinois, except as provided in subsection (a-10) of
25

Section 4;
26

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

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a mental disability;
2

(s) A person who has been found to have a
3

developmental disability;
4

(t) A person involuntarily admitted into a mental
5

health facility;
6

(u) A person who has had his or her Firearm Owner's
7

Identification Card revoked or denied under subsection (e)
8

of this Section or item (iv) of paragraph (2) of
9

subsection (a) of Section 4 of this Act because he or she
10

was a patient in a mental health facility as provided in
11

subsection (e) of this Section, shall not be permitted to
12

obtain a Firearm Owner's Identification Card, after the
13

5-year period has lapsed, unless he or she has received a
14

mental health evaluation by a physician, clinical
15

psychologist, advanced practice psychiatric nurse, or
16

qualified examiner as those terms are defined in the
17

Mental Health and Developmental Disabilities Code, and has
18

received a certification that he or she is not a clear and
19

present danger to himself, herself, or others. The
20

physician, clinical psychologist, advanced practice
21

psychiatric nurse, or qualified examiner making the
22

certification and his or her employer shall not be held
23

criminally, civilly, or professionally liable for making
24

or not making the certification required under this
25

subsection, except for willful or wanton misconduct. This
26

subsection does not apply to a person whose firearm

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possession rights have been restored through
2

administrative or judicial action under Section 10 or 11
3

of this Act; or
4

(v) A person who fails 2 or more times to report a loss
5

or theft of a firearm within 48 hours of the discovery of
6

such loss or theft to local law enforcement as required
7

under subsection (a) of Section 24-4.1 of the Criminal
8

Code of 2012.
9

The Illinois State Police shall not deny an application
10
for a Firearm Owner's Identification Card or revoke a Firearm
11
Owner's Identification Card on the basis of:
12

(1) any conviction, adjudication, or delinquency
13

finding that has been vacated, reversed, or set aside by a
14

court; or
15

(2) any record that has been expunged, sealed, or
16

otherwise ordered removed under the Criminal
17

Identification Act or Juvenile Court Act of 1987.
18

The Illinois State Police shall eliminate from all
19
internal databases any record described in paragraphs (1) and
20
(2) within 45 days after receipt of the court order. Use of any
21
such record in connection with a Firearm Owner's
22
Identification Card determination is prohibited.

23

Upon revocation of a person's Firearm Owner's
24
Identification Card, the Illinois State Police shall provide
25
notice to the person and the person shall comply with Section
26
9.5 of this Act.

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1
(Source: P.A. 104-31, eff. 1-1-26; 104-270, eff. 8-15-25;
2
revised 11-21-25.)

3

(430 ILCS 65/10)

(from Ch. 38, par. 83-10)
4

Sec. 10.
Appeals; hearing; relief from firearm
5
prohibitions.

6

(a) Whenever an application for a Firearm Owner's
7
Identification Card is denied or whenever such a Card is
8
suspended or revoked as provided for in Section 8, 8.2, or 8.3
9
of this Act, upon complying with the requirements of Section
10
9.5 of the Act, the aggrieved party may (1) file a record
11
challenge with the Director regarding the record upon which
12
the decision to deny or revoke the Firearm Owner's
13
Identification Card was based under subsection (a-5); or (2)
14
appeal to the Director of the Illinois State Police through
15
December 31, 2022, or beginning January 1, 2023, the Firearm
16
Owner's Identification Card Review Board for a hearing seeking
17
relief from such denial, suspension, or revocation unless the
18
denial, suspension, or revocation was based upon a forcible
19
felony, stalking, aggravated stalking, domestic battery, any
20
violation of the Illinois Controlled Substances Act, the
21
Methamphetamine Control and Community Protection Act, or the
22
Cannabis Control Act that is classified as a Class 2 or greater
23
felony, any felony violation of Article 24 of the Criminal
24
Code of 1961 or the Criminal Code of 2012, or any adjudication
25
as a delinquent minor for the commission of an offense that if

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committed by an adult would be a felony, in which case the
2
aggrieved party may petition the circuit court in writing in
3
the county of his or her residence for a hearing seeking relief
4
from such denial or revocation.
5

(a-5) There is created a Firearm Owner's Identification
6
Card Review Board to consider any appeal under subsection (a)
7
beginning January 1, 2023, other than an appeal directed to
8
the circuit court and except when the applicant is challenging
9
the record upon which the decision to deny or revoke was based
10
as provided in subsection (a-10).
11

(0.05) In furtherance of the policy of this Act that
12

the Board shall exercise its powers and duties in an
13

independent manner, subject to the provisions of this Act
14

but free from the direction, control, or influence of any
15

other agency or department of State government. All
16

expenses and liabilities incurred by the Board in the
17

performance of its responsibilities hereunder shall be
18

paid from funds which shall be appropriated to the Board
19

by the General Assembly for the ordinary and contingent
20

expenses of the Board.
21

(1) The Board shall consist of 7 members appointed by
22

the Governor, with the advice and consent of the Senate,
23

with 3 members residing within the First Judicial District
24

and one member residing within each of the 4 remaining
25

Judicial Districts. No more than 4 members shall be
26

members of the same political party. The Governor shall

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1

designate one member as the chairperson. The members shall
2

have actual experience in law, education, social work,
3

behavioral sciences, law enforcement, or community affairs
4

or in a combination of those areas.
5

(2) The terms of the members initially appointed after
6

January 1, 2022 (the effective date of Public Act 102-237)
7

shall be as follows: one of the initial members shall be
8

appointed for a term of one year, 3 shall be appointed for
9

terms of 2 years, and 3 shall be appointed for terms of 4
10

years. Thereafter, members shall hold office for 4 years,
11

with terms expiring on the second Monday in January
12

immediately following the expiration of their terms and
13

every 4 years thereafter. Members may be reappointed.
14

Vacancies in the office of member shall be filled in the
15

same manner as the original appointment, for the remainder
16

of the unexpired term. The Governor may remove a member
17

for incompetence, neglect of duty, malfeasance, or
18

inability to serve. Members shall receive compensation in
19

an amount equal to the compensation of members of the
20

Executive Ethics Commission and, beginning July 1, 2023,
21

shall be compensated from appropriations provided to the
22

Comptroller for this purpose. Members may be reimbursed,
23

from funds appropriated for such a purpose, for reasonable
24

expenses actually incurred in the performance of their
25

Board duties. The Illinois State Police shall designate an
26

employee to serve as Executive Director of the Board and

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1

provide logistical and administrative assistance to the
2

Board.
3

(3) The Board shall meet at least quarterly each year
4

and at the call of the chairperson as often as necessary to
5

consider appeals of decisions made with respect to
6

applications for a Firearm Owner's Identification Card
7

under this Act. If necessary to ensure the participation
8

of a member, the Board shall allow a member to participate
9

in a Board meeting by electronic communication. Any member
10

participating electronically shall be deemed present for
11

purposes of establishing a quorum and voting.
12

(4) The Board shall adopt rules for the review of
13

appeals and the conduct of hearings. The Board shall
14

maintain a record of its decisions and all materials
15

considered in making its decisions. All Board decisions
16

and voting records shall be kept confidential and all
17

materials considered by the Board shall be exempt from
18

inspection except upon order of a court.
19

(5) In considering an appeal, the Board shall review
20

the materials received concerning the denial or revocation
21

by the Illinois State Police. By a vote of at least 4
22

members, the Board may request additional information from
23

the Illinois State Police or the applicant or the
24

testimony of the Illinois State Police or the applicant.
25

The Board may require that the applicant submit electronic
26

fingerprints to the Illinois State Police for an updated

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1

background check if the Board determines it lacks
2

sufficient information to determine eligibility. The Board
3

may consider information submitted by the Illinois State
4

Police, a law enforcement agency, or the applicant. The
5

Board shall review each denial or revocation and determine
6

by a majority of members whether an applicant should be
7

granted relief under subsection (c).
8

(6) The Board shall by order issue summary decisions.
9

The Board shall issue a decision within 45 days of
10

receiving all completed appeal documents from the Illinois
11

State Police and the applicant. However, the Board need
12

not issue a decision within 45 days if:
13

(A) the Board requests information from the
14

applicant, including, but not limited to, electronic
15

fingerprints to be submitted to the Illinois State
16

Police, in accordance with paragraph (5) of this
17

subsection, in which case the Board shall make a
18

decision within 30 days of receipt of the required
19

information from the applicant;
20

(B) the applicant agrees, in writing, to allow the
21

Board additional time to consider an appeal; or
22

(C) the Board notifies the applicant and the
23

Illinois State Police that the Board needs an
24

additional 30 days to issue a decision. The Board may
25

only issue 2 extensions under this subparagraph (C).
26

The Board's notification to the applicant and the

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Illinois State Police shall include an explanation for
2

the extension.
3

(7) If the Board determines that the applicant is
4

eligible for relief under subsection (c), the Board shall
5

notify the applicant and the Illinois State Police that
6

relief has been granted and the Illinois State Police
7

shall issue the Card.
8

(8) Meetings of the Board shall not be subject to the
9

Open Meetings Act and records of the Board shall not be
10

subject to the Freedom of Information Act.
11

(9) The Board shall report monthly to the Governor and
12

the General Assembly on the number of appeals received and
13

provide details of the circumstances in which the Board
14

has determined to deny Firearm Owner's Identification
15

Cards under this subsection (a-5). The report shall not
16

contain any identifying information about the applicants.
17

(a-10) Whenever an applicant or cardholder is not seeking
18
relief from a firearms prohibition under subsection (c) but
19
rather does not believe the applicant is appropriately denied
20
or revoked and is challenging the record upon which the
21
decision to deny or revoke the Firearm Owner's Identification
22
Card was based, or whenever the Illinois State Police fails to
23
act on an application within 30 days of its receipt, the
24
applicant shall file such challenge with the Director. The
25
Director shall render a decision within 60 business days of
26
receipt of all information supporting the challenge. The

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1
Illinois State Police shall adopt rules for the review of a
2
record challenge.
3

(a-15) When a circuit court issues a final order directing
4
the Illinois State Police to issue or reinstate a Firearm
5
Owner's Identification Card of a person whose application for
6
a card has been denied or whose card has been revoked, the
7
Illinois State Police shall comply with the order and issue
8
the card within 30 days after receipt of the order, unless the
9
Illinois State Police files a petition for review in the
10
Appellate Court within that 30-day period.
11

(a-20) If the Illinois State Police fails to comply with
12
subsection (a-15), the person's application for a Firearm
13
Owner's Identification Card shall be automatically granted by
14
the Illinois State Police by operation of law or the person's
15
Firearm Owner's Identification Card shall be automatically
16
restored by operation of law on the 31st day after receipt of
17
the order.

18

(b) At least 30 days before any hearing in the circuit
19
court, the petitioner shall serve the relevant State's
20
Attorney with a copy of the petition. The State's Attorney may
21
object to the petition and present evidence. At the hearing,
22
the court shall determine whether substantial justice has been
23
done. Should the court determine that substantial justice has
24
not been done, the court shall issue an order directing the
25
Illinois State Police to issue a Card. However, the court
26
shall not issue the order if the petitioner is otherwise

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1
prohibited from obtaining, possessing, or using a firearm
2
under federal law.
3

(c) Any person prohibited from possessing a firearm under
4
Sections 24-1.1 or 24-3.1 of the Criminal Code of 2012 or
5
acquiring a Firearm Owner's Identification Card under Section
6
8 of this Act may apply to the Firearm Owner's Identification
7
Card Review Board or petition the circuit court in the county
8
where the petitioner resides, whichever is applicable in
9
accordance with subsection (a) of this Section, requesting
10
relief from such prohibition and the Board or court may grant
11
such relief if it is established by the applicant to the
12
court's or the Board's satisfaction that:
13

(0.05) when in the circuit court, the State's Attorney
14

has been served with a written copy of the petition at
15

least 30 days before any such hearing in the circuit court
16

and at the hearing the State's Attorney was afforded an
17

opportunity to present evidence and object to the
18

petition;
19

(1) the applicant has not been convicted of a forcible
20

felony under the laws of this State or any other
21

jurisdiction within 20 years of the applicant's
22

application for a Firearm Owner's Identification Card, or
23

at least 20 years have passed since the end of any period
24

of imprisonment imposed in relation to that conviction;
25

(2) the circumstances regarding a criminal conviction,
26

where applicable, the applicant's criminal history and his

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1

reputation are such that the applicant will not be likely
2

to act in a manner dangerous to public safety;
3

(3) granting relief would not be contrary to the
4

public interest; and
5

(4) granting relief would not be contrary to federal
6

law.
7

(c-5) (1) An active law enforcement officer employed by a
8
unit of government or a Department of Corrections employee
9
authorized to possess firearms who is denied, revoked, or has
10
his or her Firearm Owner's Identification Card seized under
11
subsection (e) of Section 8 of this Act may apply to the
12
Firearm Owner's Identification Card Review Board requesting
13
relief if the officer or employee did not act in a manner
14
threatening to the officer or employee, another person, or the
15
public as determined by the treating clinical psychologist or
16
physician, and as a result of his or her work is referred by
17
the employer for or voluntarily seeks mental health evaluation
18
or treatment by a licensed clinical psychologist,
19
psychiatrist, advanced practice psychiatric nurse, or
20
qualified examiner, and:
21

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

involuntarily at a mental health facility, regardless of
23

the length of admission; or has not been voluntarily
24

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

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

and

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

institution against medical advice.
3

(2) The Firearm Owner's Identification Card Review Board
4
shall grant expedited relief to active law enforcement
5
officers and employees described in paragraph (1) of this
6
subsection (c-5) upon a determination by the Board that the
7
officer's or employee's possession of a firearm does not
8
present a threat to themselves, others, or public safety. The
9
Board shall act on the request for relief within 30 business
10
days of receipt of:
11

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

in the form prescribed by the Board detailing the
13

circumstances that led to the hospitalization;
14

(B) all documentation regarding the admission,
15

evaluation, treatment and discharge from the treating
16

licensed clinical psychologist or psychiatrist of the
17

officer;
18

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

person completed after the time of discharge; and
20

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

Board from the treating licensed clinical psychologist or
22

psychiatrist that the provisions set forth in paragraph
23

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

successfully completed treatment, and their professional
25

opinion regarding the person's ability to possess
26

firearms.

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(3) Officers and employees eligible for the expedited
2
relief in paragraph (2) of this subsection (c-5) have the
3
burden of proof on eligibility and must provide all
4
information required. The Board may not consider granting
5
expedited relief until the proof and information is received.
6

(4) "Clinical psychologist", "psychiatrist",
"
advanced
7
practice psychiatric nurse
"
, and "qualified examiner" shall
8
have the same meaning as provided in Chapter I of the Mental
9
Health and Developmental Disabilities Code.
10

(5) No later than January 1, 2026, the Firearm Owner's
11
Identification Card Review Board shall establish a process by
12
which any person who is subject to the provisions of
13
subsection (f) of Section 8 of this Act may request expedited
14
review from the Firearm Owner's Identification Card Review
15
Board.
16

(A) The Board shall disclose to an individual
17

requesting an expedited review any information relating to
18

the individual that was provided by the Department under
19

subsection (d) of Section 8.1, subject to redactions.
20

(B) The individual requesting expedited review may
21

submit to the Firearm Owner's Identification Card Review
22

Board an objection to any redaction made pursuant to
23

subparagraph (A) of paragraph (5) of subsection (c-5) of
24

this Section. The objection must specify the basis for the
25

individual's belief that the redacted information is
26

necessary for a full and fair review.

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(C) In determining whether information should be
2

unredacted, the Board may consider any relevant factor,
3

including, but not limited to, (i) the extent to which the
4

disclosure of such information is necessary to provide the
5

individual with a meaningful opportunity to understand,
6

respond to, or rebut evidence for the basis for the denial
7

or revocation and (ii) the safety and well-being of any
8

person who, directly or indirectly, is the source or
9

reporter of such information.
10

(D) The Board, Illinois State Police, or the employees
11

and agents of the Board and Illinois State Police
12

participating in this process under this Act shall not be
13

held liable for damages in any civil action arising from
14

the disclosure or non-disclosure of the information
15

released to an individual as part of this process.
16

(c-10) (1) An applicant, who is denied, revoked, or has
17
his or her Firearm Owner's Identification Card seized under
18
subsection (e) of Section 8 of this Act based upon a
19
determination of a developmental disability or an intellectual
20
disability may apply to the Firearm Owner's Identification
21
Card Review Board requesting relief.
22

(2) The Board shall act on the request for relief within 60
23
business days of receipt of written certification, in the form
24
prescribed by the Board, from a physician or clinical
25
psychologist, advanced practice psychiatric nurse, or
26
qualified examiner, that the aggrieved party's developmental

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1
disability or intellectual disability condition is determined
2
by a physician, clinical psychologist, or qualified to be
3
mild. If a fact-finding conference is scheduled to obtain
4
additional information concerning the circumstances of the
5
denial or revocation, the 60 business days the Director has to
6
act shall be tolled until the completion of the fact-finding
7
conference.
8

(3) The Board may grant relief if the aggrieved party's
9
developmental disability or intellectual disability is mild as
10
determined by a physician, clinical psychologist, advanced
11
practice psychiatric nurse, or qualified examiner and it is
12
established by the applicant to the Board's satisfaction that:
13

(A) granting relief would not be contrary to the
14

public interest; and
15

(B) granting relief would not be contrary to federal
16

law.
17

(4) The Board may not grant relief if the condition is
18
determined by a physician, clinical psychologist, advanced
19
practice psychiatric nurse, or qualified examiner to be
20
moderate, severe, or profound.
21

(5) The changes made to this Section by Public Act 99-29
22
apply to requests for relief pending on or before July 10, 2015
23
(the effective date of Public Act 99-29), except that the
24
60-day period for the Director to act on requests pending
25
before the effective date shall begin on July 10, 2015 (the
26
effective date of Public Act 99-29). All appeals as provided

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1
in subsection (a-5) pending on January 1, 2023 shall be
2
considered by the Board.
3

(d) When a minor is adjudicated delinquent for an offense
4
which if committed by an adult would be a felony, the court
5
shall notify the Illinois State Police.
6

(e) The court shall review the denial of an application or
7
the revocation of a Firearm Owner's Identification Card of a
8
person who has been adjudicated delinquent for an offense that
9
if committed by an adult would be a felony if an application
10
for relief has been filed at least 10 years after the
11
adjudication of delinquency and the court determines that the
12
applicant should be granted relief from disability to obtain a
13
Firearm Owner's Identification Card. If the court grants
14
relief, the court shall notify the Illinois State Police that
15
the disability has been removed and that the applicant is
16
eligible to obtain a Firearm Owner's Identification Card.
17

(f) Any person who is subject to the disabilities of 18
18
U.S.C. 922(d)(4) and 922(g)(4) of the federal Gun Control Act
19
of 1968 because of an adjudication or commitment that occurred
20
under the laws of this State or who was determined to be
21
subject to the provisions of subsections (e), (f), or (g) of
22
Section 8 of this Act may apply to the Board requesting relief
23
from that prohibition. The Board shall grant the relief if it
24
is established by a preponderance of the evidence that the
25
person will not be likely to act in a manner dangerous to
26
public safety and that granting relief would not be contrary

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1
to the public interest. In making this determination, the
2
Board shall receive evidence concerning (i) the circumstances
3
regarding the firearms disabilities from which relief is
4
sought; (ii) the petitioner's mental health and criminal
5
history records, if any; (iii) the petitioner's reputation,
6
developed at a minimum through character witness statements,
7
testimony, or other character evidence; and (iv) changes in
8
the petitioner's condition or circumstances since the
9
disqualifying events relevant to the relief sought.
10
Notwithstanding any other provision of this Act or any other
11
law to the contrary, the Illinois State Police shall provide
12
the Board or any court with jurisdiction with all records
13
relevant to the request for relief under Section 8.1. If
14
relief is granted under this subsection or by order of a court
15
under this Section, the Director shall as soon as practicable
16
but in no case later than 15 business days, update, correct,
17
modify, or remove the person's record in any database that the
18
Illinois State Police makes available to the National Instant
19
Criminal Background Check System and notify the United States
20
Attorney General that the basis for the record being made
21
available no longer applies. The Illinois State Police shall
22
adopt rules for the administration of this Section.
23
(Source: P.A. 103-605, eff. 7-1-24; 104-5, eff. 6-16-25;
24
104-270, eff. 8-15-25; revised 9-12-25.)

25

(430 ILCS 65/10.7 new)

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1

Sec. 10.7.
Prohibited reliance on vacated or expunged
2
records.

3

(a) The Illinois State Police, and any other State agency
4
participating in the background check process under Section
5
3.1 or updated background check under Section 10 shall not
6
rely on, reference, or access any criminal history record
7
information if an applicant for a Firearm Owner's
8
Identification Card or a card holder's conviction for an
9
offense that would disqualify the person for a Firearm Owner's
10
Identification Card if:
11

(1) the applicant or card holder's conviction was
12

vacated, reversed, or set aside;
13

(2) the applicant or card holder's record was expunged
14

or sealed; or
15

(3) the applicant or card holder's record was ordered
16

removed or destroyed.
17

(b) A denial or revocation of a Firearm Owner's
18
Identification Card issued in violation of this Section is
19
void.
20

(c) An applicant or card holder who receives a denial or
21
revocation of a Firearm Owner's Identification Card in
22
violation of this Section is entitled to reasonable attorney's
23
fees and costs, payable by the Illinois State Police.

24

(430 ILCS 65/10.8 new)
25

Sec. 10.8.
Court-order compliance reporting.

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1

(a) The Illinois State Police shall submit a quarterly
2
report to the General Assembly and to the Governor that
3
includes:
4

(1) the number of court orders received directing
5

issuance or reinstatement of Firearm Owner's
6

Identification Cards;
7

(2) the number of orders complied with within 30 days;
8

(3) the number of orders not complied with within 30
9

days and the reason for delay; and
10

(4) the number of denials reversed due to reliance on
11

vacated or expunged records.
12

(b) Reports under this Section are public documents.

13

(430 ILCS 65/10.9 new)
14

Sec. 10.9.
Enforcement and remedies.

15

(a) If the Illinois State Police fails to comply with a
16
court order issued under this Act within the time prescribed
17
in subsection (a-5) of Section 10), the petitioner is entitled
18
to:
19

(1) automatic issuance or reinstatement of the Firearm
20

Owner's Identification Card;
21

(2) reasonable attorney's fees and costs incurred to
22

enforce the order; and
23

(3) recovery of statutory damages in the amount of
24

$500 per day, beginning on the 31st day after the Illinois
25

State Police received the court order, not to exceed

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1

$10,000.
2

(b) The Attorney General shall adopt rules to implement
3
this Section.

4

Section 99.
Effective date.
This Act takes effect upon
5
becoming law.

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