Illinois General Assembly - Full Text of HB5766
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Full Text of HB5766  102nd General Assembly




State of Illinois
2021 and 2022


Introduced 11/16/2022, by Rep. Deb Conroy, Bob Morgan, Robyn Gabel, Jennifer Gong-Gershowitz, Kathleen Willis, et al.


430 ILCS 65/8  from Ch. 38, par. 83-8
430 ILCS 65/8.1  from Ch. 38, par. 83-8.1

    Amends the Firearm Owners Identification Card Act. Provides that a minor who causes or attempts to cause physical self-harm or harm to another is subject to the denial of an application for or the revocation and seizure of a Firearm Owner's Identification Card. Provides that until the age of 24 years, such a person is presumed to be a person whose mental condition is of such a nature that it poses a clear and present danger. Provides that a physician, clinical psychologist, qualified examiner, law enforcement official, school administrator, or other person who has knowledge of a minor causing or attempting to cause physical self-harm or harm to another shall report the incident to the Department of Human Services. Effective immediately.

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HB5766LRB102 28234 RJT 40059 b

1    AN ACT concerning safety.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 1. This Act may be referred to as the FOID White
5Flag Act.
6    Section 5. The Firearm Owners Identification Card Act is
7amended by changing Sections 8 and 8.1 as follows:
8    (430 ILCS 65/8)  (from Ch. 38, par. 83-8)
9    Sec. 8. Grounds for denial and revocation. The Illinois
10State Police has authority to deny an application for or to
11revoke and seize a Firearm Owner's Identification Card
12previously issued under this Act only if the Illinois State
13Police Department finds that the applicant or the person to
14whom such card was issued is or was at the time of issuance:
15        (a) A person under 21 years of age who has been
16    convicted of a misdemeanor other than a traffic offense or
17    adjudged delinquent;
18        (b) This subsection (b) applies through the 180th day
19    following July 12, 2019 (the effective date of Public Act
20    101-80) this amendatory Act of the 101st General Assembly.
21    A person under 21 years of age who does not have the
22    written consent of his parent or guardian to acquire and



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1    possess firearms and firearm ammunition, or whose parent
2    or guardian has revoked such written consent, or where
3    such parent or guardian does not qualify to have a Firearm
4    Owner's Identification Card;
5        (b-5) This subsection (b-5) applies on and after the
6    181st day following July 12, 2019 (the effective date of
7    Public Act 101-80) this amendatory Act of the 101st
8    General Assembly. A person under 21 years of age who is not
9    an active duty member of the United States Armed Forces
10    and does not have the written consent of his or her parent
11    or guardian to acquire and possess firearms and firearm
12    ammunition, or whose parent or guardian has revoked such
13    written consent, or where such parent or guardian does not
14    qualify to have a Firearm Owner's Identification Card;
15        (c) A person convicted of a felony under the laws of
16    this or any other jurisdiction;
17        (d) A person addicted to narcotics;
18        (e) A person who has been a patient of a mental health
19    facility within the past 5 years or a person who has been a
20    patient in a mental health facility more than 5 years ago
21    who has not received the certification required under
22    subsection (u) of this Section. An active law enforcement
23    officer employed by a unit of government or a Department
24    of Corrections employee authorized to possess firearms who
25    is denied, revoked, or has his or her Firearm Owner's
26    Identification Card seized under this subsection (e) may



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1    obtain relief as described in subsection (c-5) of Section
2    10 of this Act if the officer or employee did not act in a
3    manner threatening to the officer or employee, another
4    person, or the public as determined by the treating
5    clinical psychologist or physician, and the officer or
6    employee seeks mental health treatment;
7        (f) A person whose mental condition is of such a
8    nature that it poses a clear and present danger to the
9    applicant, any other person or persons, or the community;
10        (f-5) A minor who has caused or attempted to cause
11    physical self-harm or harm to another. There is a
12    rebuttable presumption that a person who is ineligible for
13    a Firearm Owner's Identification Card under this
14    subsection is also ineligible under subsection (f) until
15    the age of 24 years;
16        (g) A person who has an intellectual disability;
17        (h) A person who intentionally makes a false statement
18    in the Firearm Owner's Identification Card application;
19        (i) An alien who is unlawfully present in the United
20    States under the laws of the United States;
21        (i-5) An alien who has been admitted to the United
22    States under a non-immigrant visa (as that term is defined
23    in Section 101(a)(26) of the Immigration and Nationality
24    Act (8 U.S.C. 1101(a)(26))), except that this subsection
25    (i-5) does not apply to any alien who has been lawfully
26    admitted to the United States under a non-immigrant visa



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1    if that alien is:
2            (1) admitted to the United States for lawful
3        hunting or sporting purposes;
4            (2) an official representative of a foreign
5        government who is:
6                (A) accredited to the United States Government
7            or the Government's mission to an international
8            organization having its headquarters in the United
9            States; or
10                (B) en route to or from another country to
11            which that alien is accredited;
12            (3) an official of a foreign government or
13        distinguished foreign visitor who has been so
14        designated by the Department of State;
15            (4) a foreign law enforcement officer of a
16        friendly foreign government entering the United States
17        on official business; or
18            (5) one who has received a waiver from the
19        Attorney General of the United States pursuant to 18
20        U.S.C. 922(y)(3);
21        (j) (Blank);
22        (k) A person who has been convicted within the past 5
23    years of battery, assault, aggravated assault, violation
24    of an order of protection, or a substantially similar
25    offense in another jurisdiction, in which a firearm was
26    used or possessed;



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1        (l) A person who has been convicted of domestic
2    battery, aggravated domestic battery, or a substantially
3    similar offense in another jurisdiction committed before,
4    on or after January 1, 2012 (the effective date of Public
5    Act 97-158). If the applicant or person who has been
6    previously issued a Firearm Owner's Identification Card
7    under this Act knowingly and intelligently waives the
8    right to have an offense described in this paragraph (l)
9    tried by a jury, and by guilty plea or otherwise, results
10    in a conviction for an offense in which a domestic
11    relationship is not a required element of the offense but
12    in which a determination of the applicability of 18 U.S.C.
13    922(g)(9) is made under Section 112A-11.1 of the Code of
14    Criminal Procedure of 1963, an entry by the court of a
15    judgment of conviction for that offense shall be grounds
16    for denying an application for and for revoking and
17    seizing a Firearm Owner's Identification Card previously
18    issued to the person under this Act;
19        (m) (Blank);
20        (n) A person who is prohibited from acquiring or
21    possessing firearms or firearm ammunition by any Illinois
22    State statute or by federal law;
23        (o) A minor subject to a petition filed under Section
24    5-520 of the Juvenile Court Act of 1987 alleging that the
25    minor is a delinquent minor for the commission of an
26    offense that if committed by an adult would be a felony;



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1        (p) An adult who had been adjudicated a delinquent
2    minor under the Juvenile Court Act of 1987 for the
3    commission of an offense that if committed by an adult
4    would be a felony;
5        (q) A person who is not a resident of the State of
6    Illinois, except as provided in subsection (a-10) of
7    Section 4;
8        (r) A person who has been adjudicated as a person with
9    a mental disability;
10        (s) A person who has been found to have a
11    developmental disability;
12        (t) A person involuntarily admitted into a mental
13    health facility; or
14        (u) A person who has had his or her Firearm Owner's
15    Identification Card revoked or denied under subsection (e)
16    of this Section or item (iv) of paragraph (2) of
17    subsection (a) of Section 4 of this Act because he or she
18    was a patient in a mental health facility as provided in
19    subsection (e) of this Section, shall not be permitted to
20    obtain a Firearm Owner's Identification Card, after the
21    5-year period has lapsed, unless he or she has received a
22    mental health evaluation by a physician, clinical
23    psychologist, or qualified examiner as those terms are
24    defined in the Mental Health and Developmental
25    Disabilities Code, and has received a certification that
26    he or she is not a clear and present danger to himself,



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1    herself, or others. The physician, clinical psychologist,
2    or qualified examiner making the certification and his or
3    her employer shall not be held criminally, civilly, or
4    professionally liable for making or not making the
5    certification required under this subsection, except for
6    willful or wanton misconduct. This subsection does not
7    apply to a person whose firearm possession rights have
8    been restored through administrative or judicial action
9    under Section 10 or 11 of this Act.
10    Upon revocation of a person's Firearm Owner's
11Identification Card, the Illinois State Police shall provide
12notice to the person and the person shall comply with Section
139.5 of this Act.
14(Source: P.A. 101-80, eff. 7-12-19; 102-538, eff. 8-20-21;
15102-645, eff. 1-1-22; revised 10-14-21.)
16    (430 ILCS 65/8.1)  (from Ch. 38, par. 83-8.1)
17    Sec. 8.1. Notifications to the Illinois State Police.
18    (a) The Circuit Clerk shall, in the form and manner
19required by the Supreme Court, notify the Illinois State
20Police of all final dispositions of cases for which the
21Department has received information reported to it under
22Sections 2.1 and 2.2 of the Criminal Identification Act.
23    (b) Upon adjudication of any individual as a person with a
24mental disability as defined in Section 1.1 of this Act or a
25finding that a person has been involuntarily admitted, the



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1court shall direct the circuit court clerk to immediately
2notify the Illinois State Police, Firearm Owner's
3Identification (FOID) department, and shall forward a copy of
4the court order to the Department.
5    (b-1) Beginning July 1, 2016, and each July 1 and December
630 of every year thereafter, the circuit court clerk shall, in
7the form and manner prescribed by the Illinois State Police,
8notify the Illinois State Police, Firearm Owner's
9Identification (FOID) department if the court has not directed
10the circuit court clerk to notify the Illinois State Police,
11Firearm Owner's Identification (FOID) department under
12subsection (b) of this Section, within the preceding 6 months,
13because no person has been adjudicated as a person with a
14mental disability by the court as defined in Section 1.1 of
15this Act or if no person has been involuntarily admitted. The
16Supreme Court may adopt any orders or rules necessary to
17identify the persons who shall be reported to the Illinois
18State Police under subsection (b), or any other orders or
19rules necessary to implement the requirements of this Act.
20    (c) The Department of Human Services shall, in the form
21and manner prescribed by the Illinois State Police, report all
22information collected under subsection (b) of Section 12 of
23the Mental Health and Developmental Disabilities
24Confidentiality Act for the purpose of determining whether a
25person who may be or may have been a patient in a mental health
26facility is disqualified under State or federal law from



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1receiving or retaining a Firearm Owner's Identification Card,
2or purchasing a weapon.
3    (d) If a person (i) is determined to pose a clear and
4present danger to himself, herself, or to others; or (ii) is
5determined to be a minor who has caused or attempted to cause
6physical self-harm or harm to another:
7        (1) by a physician, clinical psychologist, or
8    qualified examiner, or is determined to have a
9    developmental disability by a physician, clinical
10    psychologist, or qualified examiner, whether employed by
11    the State or privately, then the physician, clinical
12    psychologist, or qualified examiner shall, within 24 hours
13    of making the determination, notify the Department of
14    Human Services that the person (i) poses a clear and
15    present danger or has a developmental disability; or (ii)
16    is a minor who was observed causing or attempting to cause
17    physical self-harm or harm to another; or
18        (2) by a law enforcement official or school
19    administrator, then the law enforcement official or school
20    administrator shall, within 24 hours of making the
21    determination, notify the Illinois State Police that the
22    person (i) poses a clear and present danger; or (ii) is a
23    minor who was observed causing or attempting to cause
24    physical self-harm or harm to another; or .
25        (3) by any person not listed in paragraph (1) or (2)
26    who observes a minor causing or attempting to cause



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1    physical self-harm or harm to another, then the person
2    shall notify the Department of Human Services of the facts
3    and circumstances of the incident.
4    The Department of Human Services shall immediately update
5its records and information relating to mental health and
6developmental disabilities, and if appropriate, shall notify
7the Illinois State Police in a form and manner prescribed by
8the Illinois State Police. The Illinois State Police shall
9determine whether to revoke the person's Firearm Owner's
10Identification Card under Section 8 of this Act. Any
11information disclosed under this subsection shall remain
12privileged and confidential, and shall not be redisclosed,
13except as required under subsection (e) of Section 3.1 of this
14Act, nor used for any other purpose. The method of providing
15this information shall guarantee that the information is not
16released beyond what is necessary for the purpose of this
17Section and shall be provided by rule by the Department of
18Human Services. The identity of the person reporting under
19this Section shall not be disclosed to the subject of the
20report. The physician, clinical psychologist, qualified
21examiner, law enforcement official, or school administrator,
22or other person making the determination and his or her
23employer shall not be held criminally, civilly, or
24professionally liable for making or not making the
25notification required under this subsection, except for
26willful or wanton misconduct.



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1    (e) The Illinois State Police shall adopt rules to
2implement this Section.
3(Source: P.A. 102-538, eff. 8-20-21.)
4    Section 99. Effective date. This Act takes effect upon
5becoming law.