102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB2889
 
Introduced 3/19/2021, by Sen. David Koehler
 
SYNOPSIS AS INTRODUCED:



See Index

 Amends the Department of State Police Law of the Civil Administrative Code of Illinois. Provides that the Illinois State Police shall establish a portal for use by federal, State, or local law enforcement agencies, including Offices of the State's Attorneys and the Office of the Attorney General to capture a report of persons whose Firearm Owner's Identification Cards have been revoked or suspended. Provides that the portal is for law enforcement purposes only. Amends the Firearm Owners Identification Card Act. Provides that each applicant for the issuance of a Firearm Owner's Identification Card may include a full set of his or her fingerprints in electronic format to the Illinois State Police. Provides that a Firearm Owner's Identification Card of a licensee
under the Firearm Concealed Carry Act shall not expire during the term
of the licensee's concealed carry license. Provides that the Illinois State Police shall deny an application or shall revoke and seize a Firearm Owner's Identification Card previously issued under the Act if the Illinois State Police finds that the applicant or person to whom such card was issued is or was at the time of issuance subject to a civil no contact order or a stalking no contact order. Provides for email notifications from the Illinois State Police upon request of an applicant or Card holder. Create expanded rule making authority for the Illinois State Police concerning the Firearm Owners Identification Card Act and the Firearm Concealed Carry Act. Makes conforming changes in various other Acts.



LRB102 17768 RLC 24011 b


 
 
A BILL FOR
 


SB2889LRB102 17768 RLC 24011 b



1 AN ACT concerning firearms.


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

3represented in the General Assembly:



4 Section 3. The Open Meetings Act is amended by changing 
5Section 2 as follows:




6 (5 ILCS 120/2) (from Ch. 102, par. 42)



7 Sec. 2. Open meetings. 

8 (a) Openness required. All meetings of public
bodies shall 
9be open to the public unless excepted in subsection (c)
and 
10closed in accordance with Section 2a.

11 (b) Construction of exceptions. The exceptions contained 
12in subsection
(c) are in derogation of the requirement that 
13public bodies
meet in the open, and therefore, the exceptions 
14are to be strictly
construed, extending only to subjects 
15clearly within their scope.
The exceptions authorize but do 
16not require the holding of
a closed meeting to discuss a 
17subject included within an enumerated exception.

18 (c) Exceptions. A public body may hold closed meetings to 
19consider the
following subjects:

20  (1) The appointment, employment, compensation, 
21 discipline, performance,
or dismissal of specific 
22 employees, specific individuals who serve as independent 
23 contractors in a park, recreational, or educational 
 
 
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1 setting, or specific volunteers of the public body or 
2 legal counsel for
the public body, including hearing

3 testimony on a complaint lodged against an employee, a 
4 specific individual who serves as an independent 
5 contractor in a park, recreational, or educational 
6 setting, or a volunteer of the public body or
against 
7 legal counsel for the public body to determine its 
8 validity. However, a meeting to consider an increase in 
9 compensation to a specific employee of a public body that 
10 is subject to the Local Government Wage Increase 
11 Transparency Act may not be closed and shall be open to the 
12 public and posted and held in accordance with this Act.

13  (2) Collective negotiating matters between the public 
14 body and its
employees or their representatives, or 
15 deliberations concerning salary
schedules for one or more 
16 classes of employees.

17  (3) The selection of a person to fill a public office,

18 as defined in this Act, including a vacancy in a public 
19 office, when the public
body is given power to appoint 
20 under law or ordinance, or the discipline,
performance or 
21 removal of the occupant of a public office, when the 
22 public body
is given power to remove the occupant under 
23 law or ordinance. 

24  (4) Evidence or testimony presented in open hearing, 
25 or in closed
hearing where specifically authorized by law, 
26 to
a quasi-adjudicative body, as defined in this Act, 
 
 
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1 provided that the body
prepares and makes available for 
2 public inspection a written decision
setting forth its 
3 determinative reasoning.

4  (5) The purchase or lease of real property for the use 
5 of
the public body, including meetings held for the 
6 purpose of discussing
whether a particular parcel should 
7 be acquired.

8  (6) The setting of a price for sale or lease of 
9 property owned
by the public body.

10  (7) The sale or purchase of securities, investments, 
11 or investment
contracts. This exception shall not apply to 
12 the investment of assets or income of funds deposited into 
13 the Illinois Prepaid Tuition Trust Fund. 

14  (8) Security procedures, school building safety and 
15 security, and the use of personnel and
equipment to 
16 respond to an actual, a threatened, or a reasonably

17 potential danger to the safety of employees, students, 
18 staff, the public, or
public
property.

19  (9) Student disciplinary cases.

20  (10) The placement of individual students in special 
21 education
programs and other matters relating to 
22 individual students.

23  (11) Litigation, when an action against, affecting or 
24 on behalf of the
particular public body has been filed and 
25 is pending before a court or
administrative tribunal, or 
26 when the public body finds that an action is
probable or 
 
 
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1 imminent, in which case the basis for the finding shall be

2 recorded and entered into the minutes of the closed 
3 meeting.

4  (12) The establishment of reserves or settlement of 
5 claims as provided
in the Local Governmental and 
6 Governmental Employees Tort Immunity Act, if
otherwise the 
7 disposition of a claim or potential claim might be

8 prejudiced, or the review or discussion of claims, loss or 
9 risk management
information, records, data, advice or 
10 communications from or with respect
to any insurer of the 
11 public body or any intergovernmental risk management

12 association or self insurance pool of which the public 
13 body is a member.

14  (13) Conciliation of complaints of discrimination in 
15 the sale or rental
of housing, when closed meetings are 
16 authorized by the law or ordinance
prescribing fair 
17 housing practices and creating a commission or

18 administrative agency for their enforcement.

19  (14) Informant sources, the hiring or assignment of 
20 undercover personnel
or equipment, or ongoing, prior or 
21 future criminal investigations, when
discussed by a public 
22 body with criminal investigatory responsibilities.

23  (15) Professional ethics or performance when 
24 considered by an advisory
body appointed to advise a 
25 licensing or regulatory agency on matters
germane to the 
26 advisory body's field of competence.

 
 
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1  (16) Self evaluation, practices and procedures or 
2 professional ethics,
when meeting with a representative of 
3 a statewide association of which the
public body is a 
4 member.

5  (17) The recruitment, credentialing, discipline or 
6 formal peer review
of physicians or other
health care 
7 professionals, or for the discussion of matters protected 
8 under the federal Patient Safety and Quality Improvement 
9 Act of 2005, and the regulations promulgated thereunder, 
10 including 42 C.F.R. Part 3 (73 FR 70732), or the federal 
11 Health Insurance Portability and Accountability Act of 
12 1996, and the regulations promulgated thereunder, 
13 including 45 C.F.R. Parts 160, 162, and 164, by a 
14 hospital, or
other institution providing medical care, 
15 that is operated by the public body.

16  (18) Deliberations for decisions of the Prisoner 
17 Review Board.

18  (19) Review or discussion of applications received 
19 under the
Experimental Organ Transplantation Procedures 
20 Act.

21  (20) The classification and discussion of matters 
22 classified as
confidential or continued confidential by 
23 the State Government Suggestion Award
Board.

24  (21) Discussion of minutes of meetings lawfully closed 
25 under this Act,
whether for purposes of approval by the 
26 body of the minutes or semi-annual
review of the minutes 
 
 
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1 as mandated by Section 2.06.

2  (22) Deliberations for decisions of the State

3 Emergency Medical Services Disciplinary
Review Board.

4  (23) The operation by a municipality of a municipal 
5 utility or the
operation of a
municipal power agency or 
6 municipal natural gas agency when the
discussion involves 
7 (i) contracts relating to the
purchase, sale, or delivery 
8 of electricity or natural gas or (ii) the results
or 
9 conclusions of load forecast studies.

10  (24) Meetings of a residential health care facility 
11 resident sexual
assault and death review
team or
the 
12 Executive
Council under the Abuse Prevention Review
Team 
13 Act.

14  (25) Meetings of an independent team of experts under 
15 Brian's Law. 
16  (26) Meetings of a mortality review team appointed 
17 under the Department of Juvenile Justice Mortality Review 
18 Team Act. 
19  (27) (Blank). 
20  (28) Correspondence and records (i) that may not be 
21 disclosed under Section 11-9 of the Illinois Public Aid 
22 Code or (ii) that pertain to appeals under Section 11-8 of 
23 the Illinois Public Aid Code. 
24  (29) Meetings between internal or external auditors 
25 and governmental audit committees, finance committees, and 
26 their equivalents, when the discussion involves internal 
 
 
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1 control weaknesses, identification of potential fraud risk 
2 areas, known or suspected frauds, and fraud interviews 
3 conducted in accordance with generally accepted auditing 
4 standards of the United States of America.
5  (30) Those meetings or portions of meetings of a 
6 fatality review team or the Illinois Fatality Review Team 
7 Advisory Council during which a review of the death of an 
8 eligible adult in which abuse or neglect is suspected, 
9 alleged, or substantiated is conducted pursuant to Section 
10 15 of the Adult Protective Services Act. 
11  (31) Meetings and deliberations for decisions of the 
12 Concealed Carry Licensing Review Board under the Firearm 
13 Concealed Carry Act. 
14  (32) Meetings between the Regional Transportation 
15 Authority Board and its Service Boards when the discussion 
16 involves review by the Regional Transportation Authority 
17 Board of employment contracts under Section 28d of the 
18 Metropolitan Transit Authority Act and Sections 3A.18 and 
19 3B.26 of the Regional Transportation Authority Act.
20  (33) Those meetings or portions of meetings of the 
21 advisory committee and peer review subcommittee created 
22 under Section 320 of the Illinois Controlled Substances 
23 Act during which specific controlled substance prescriber, 
24 dispenser, or patient information is discussed.
25  (34) Meetings of the Tax Increment Financing Reform 
26 Task Force under Section 2505-800 of the Department of 
 
 
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1 Revenue Law of the Civil Administrative Code of Illinois. 
2  (35) Meetings of the group established to discuss 
3 Medicaid capitation rates under Section 5-30.8 of the 
4 Illinois Public Aid Code. 
5  (36) Those deliberations or portions of deliberations 
6 for decisions of the Illinois Gaming Board in which there 
7 is discussed any of the following: (i) personal, 
8 commercial, financial, or other information obtained from 
9 any source that is privileged, proprietary, confidential, 
10 or a trade secret; or (ii) information specifically 
11 exempted from the disclosure by federal or State law.
12  (37) Meetings of the Firearm Owner's Identification 
13 Card Review Board under Section 10 of the Firearm Owners 
14 Identification Card Act. 
15 (d) Definitions. For purposes of this Section:

16 "Employee" means a person employed by a public body whose 
17relationship
with the public body constitutes an 
18employer-employee relationship under
the usual common law 
19rules, and who is not an independent contractor.

20 "Public office" means a position created by or under the

21Constitution or laws of this State, the occupant of which is 
22charged with
the exercise of some portion of the sovereign 
23power of this State. The term
"public office" shall include 
24members of the public body, but it shall not
include 
25organizational positions filled by members thereof, whether

26established by law or by a public body itself, that exist to 
 
 
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1assist the
body in the conduct of its business.

2 "Quasi-adjudicative body" means an administrative body 
3charged by law or
ordinance with the responsibility to conduct 
4hearings, receive evidence or
testimony and make 
5determinations based
thereon, but does not include
local 
6electoral boards when such bodies are considering petition 
7challenges.

8 (e) Final action. No final action may be taken at a closed 
9meeting.
Final action shall be preceded by a public recital of 
10the nature of the
matter being considered and other 
11information that will inform the
public of the business being 
12conducted. 

13(Source: P.A. 100-201, eff. 8-18-17; 100-465, eff. 8-31-17; 
14100-646, eff. 7-27-18; 101-31, eff. 6-28-19; 101-459, eff. 
158-23-19; revised 9-27-19.)


16 Section 5. The Freedom of Information Act is amended by 
17changing Section 7.5 as follows:

18 (5 ILCS 140/7.5)
19 Sec. 7.5. Statutory exemptions. To the extent provided for 
20by the statutes referenced below, the following shall be 
21exempt from inspection and copying:
22  (a) All information determined to be confidential 
23 under Section 4002 of the Technology Advancement and 
24 Development Act.
 
 
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1  (b) Library circulation and order records identifying 
2 library users with specific materials under the Library 
3 Records Confidentiality Act.
4  (c) Applications, related documents, and medical 
5 records received by the Experimental Organ Transplantation 
6 Procedures Board and any and all documents or other 
7 records prepared by the Experimental Organ Transplantation 
8 Procedures Board or its staff relating to applications it 
9 has received.
10  (d) Information and records held by the Department of 
11 Public Health and its authorized representatives relating 
12 to known or suspected cases of sexually transmissible 
13 disease or any information the disclosure of which is 
14 restricted under the Illinois Sexually Transmissible 
15 Disease Control Act.
16  (e) Information the disclosure of which is exempted 
17 under Section 30 of the Radon Industry Licensing Act.
18  (f) Firm performance evaluations under Section 55 of 
19 the Architectural, Engineering, and Land Surveying 
20 Qualifications Based Selection Act.
21  (g) Information the disclosure of which is restricted 
22 and exempted under Section 50 of the Illinois Prepaid 
23 Tuition Act.
24  (h) Information the disclosure of which is exempted 
25 under the State Officials and Employees Ethics Act, and 
26 records of any lawfully created State or local inspector 
 
 
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1 general's office that would be exempt if created or 
2 obtained by an Executive Inspector General's office under 
3 that Act.
4  (i) Information contained in a local emergency energy 
5 plan submitted to a municipality in accordance with a 
6 local emergency energy plan ordinance that is adopted 
7 under Section 11-21.5-5 of the Illinois Municipal Code.
8  (j) Information and data concerning the distribution 
9 of surcharge moneys collected and remitted by carriers 
10 under the Emergency Telephone System Act.
11  (k) Law enforcement officer identification information 
12 or driver identification information compiled by a law 
13 enforcement agency or the Department of Transportation 
14 under Section 11-212 of the Illinois Vehicle Code.
15  (l) Records and information provided to a residential 
16 health care facility resident sexual assault and death 
17 review team or the Executive Council under the Abuse 
18 Prevention Review Team Act.
19  (m) Information provided to the predatory lending 
20 database created pursuant to Article 3 of the Residential 
21 Real Property Disclosure Act, except to the extent 
22 authorized under that Article.
23  (n) Defense budgets and petitions for certification of 
24 compensation and expenses for court appointed trial 
25 counsel as provided under Sections 10 and 15 of the 
26 Capital Crimes Litigation Act. This subsection (n) shall 
 
 
SB2889- 12 -LRB102 17768 RLC 24011 b


1 apply until the conclusion of the trial of the case, even 
2 if the prosecution chooses not to pursue the death penalty 
3 prior to trial or sentencing.
4  (o) Information that is prohibited from being 
5 disclosed under Section 4 of the Illinois Health and 
6 Hazardous Substances Registry Act.
7  (p) Security portions of system safety program plans, 
8 investigation reports, surveys, schedules, lists, data, or 
9 information compiled, collected, or prepared by or for the 
10 Regional Transportation Authority under Section 2.11 of 
11 the Regional Transportation Authority Act or the St. Clair 
12 County Transit District under the Bi-State Transit Safety 
13 Act. 
14  (q) Information prohibited from being disclosed by the 
15 Personnel Record Review Act. 
16  (r) Information prohibited from being disclosed by the 
17 Illinois School Student Records Act. 
18  (s) Information the disclosure of which is restricted 
19 under Section 5-108 of the Public Utilities Act. 

20  (t) All identified or deidentified health information 
21 in the form of health data or medical records contained 
22 in, stored in, submitted to, transferred by, or released 
23 from the Illinois Health Information Exchange, and 
24 identified or deidentified health information in the form 
25 of health data and medical records of the Illinois Health 
26 Information Exchange in the possession of the Illinois 
 
 
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1 Health Information Exchange Office due to its 
2 administration of the Illinois Health Information 
3 Exchange. The terms "identified" and "deidentified" shall 
4 be given the same meaning as in the Health Insurance 
5 Portability and Accountability Act of 1996, Public Law 
6 104-191, or any subsequent amendments thereto, and any 
7 regulations promulgated thereunder. 
8  (u) Records and information provided to an independent 
9 team of experts under the Developmental Disability and 
10 Mental Health Safety Act (also known as Brian's Law). 
11  (v) Names and information of people who have applied 
12 for or received Firearm Owner's Identification Cards under 
13 the Firearm Owners Identification Card Act or applied for 
14 or received a concealed carry license under the Firearm 
15 Concealed Carry Act, unless otherwise authorized by the 
16 Firearm Concealed Carry Act; and databases under the 
17 Firearm Concealed Carry Act, records of the Concealed 
18 Carry Licensing Review Board under the Firearm Concealed 
19 Carry Act, and law enforcement agency objections under the 
20 Firearm Concealed Carry Act. 
21  (v-5) Records of the Firearm Owner's Identification 
22 Card Review Board that are exempted from disclosure under 
23 Section 10 of the Firearm Owners Identification Card Act.
24  (w) Personally identifiable information which is 
25 exempted from disclosure under subsection (g) of Section 
26 19.1 of the Toll Highway Act.
 
 
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1  (x) Information which is exempted from disclosure 
2 under Section 5-1014.3 of the Counties Code or Section 
3 8-11-21 of the Illinois Municipal Code. 
4  (y) Confidential information under the Adult 
5 Protective Services Act and its predecessor enabling 
6 statute, the Elder Abuse and Neglect Act, including 
7 information about the identity and administrative finding 
8 against any caregiver of a verified and substantiated 
9 decision of abuse, neglect, or financial exploitation of 
10 an eligible adult maintained in the Registry established 
11 under Section 7.5 of the Adult Protective Services Act. 
12  (z) Records and information provided to a fatality 
13 review team or the Illinois Fatality Review Team Advisory 
14 Council under Section 15 of the Adult Protective Services 
15 Act. 
16  (aa) Information which is exempted from disclosure 
17 under Section 2.37 of the Wildlife Code. 
18  (bb) Information which is or was prohibited from 
19 disclosure by the Juvenile Court Act of 1987. 
20  (cc) Recordings made under the Law Enforcement 
21 Officer-Worn Body Camera Act, except to the extent 
22 authorized under that Act.
23  (dd) Information that is prohibited from being 
24 disclosed under Section 45 of the Condominium and Common 
25 Interest Community Ombudsperson Act. 
26  (ee) Information that is exempted from disclosure 
 
 
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1 under Section 30.1 of the Pharmacy Practice Act. 
2  (ff) Information that is exempted from disclosure 
3 under the Revised Uniform Unclaimed Property Act. 
4  (gg) Information that is prohibited from being 
5 disclosed under Section 7-603.5 of the Illinois Vehicle 
6 Code. 
7  (hh) Records that are exempt from disclosure under 
8 Section 1A-16.7 of the Election Code. 
9  (ii) Information which is exempted from disclosure 
10 under Section 2505-800 of the Department of Revenue Law of 
11 the Civil Administrative Code of Illinois. 
12  (jj) Information and reports that are required to be 
13 submitted to the Department of Labor by registering day 
14 and temporary labor service agencies but are exempt from 
15 disclosure under subsection (a-1) of Section 45 of the Day 
16 and Temporary Labor Services Act. 
17  (kk) Information prohibited from disclosure under the 
18 Seizure and Forfeiture Reporting Act. 
19  (ll) Information the disclosure of which is restricted 
20 and exempted under Section 5-30.8 of the Illinois Public 
21 Aid Code. 
22  (mm) Records that are exempt from disclosure under 
23 Section 4.2 of the Crime Victims Compensation Act. 
24  (nn) Information that is exempt from disclosure under 
25 Section 70 of the Higher Education Student Assistance Act. 
26  (oo) Communications, notes, records, and reports 
 
 
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1 arising out of a peer support counseling session 
2 prohibited from disclosure under the First Responders 
3 Suicide Prevention Act. 
4  (pp) Names and all identifying information relating to 
5 an employee of an emergency services provider or law 
6 enforcement agency under the First Responders Suicide 
7 Prevention Act. 
8  (qq) Information and records held by the Department of 
9 Public Health and its authorized representatives collected 
10 under the Reproductive Health Act. 
11  (rr) Information that is exempt from disclosure under 
12 the Cannabis Regulation and Tax Act. 
13  (ss) Data reported by an employer to the Department of 
14 Human Rights pursuant to Section 2-108 of the Illinois 
15 Human Rights Act.
16  (tt) Recordings made under the Children's Advocacy 
17 Center Act, except to the extent authorized under that 
18 Act. 
19  (uu) Information that is exempt from disclosure under 
20 Section 50 of the Sexual Assault Evidence Submission Act. 
21  (vv) Information that is exempt from disclosure under 
22 subsections (f) and (j) of Section 5-36 of the Illinois 
23 Public Aid Code. 
24  (ww) Information that is exempt from disclosure under 
25 Section 16.8 of the State Treasurer Act. 
26  (xx) Information that is exempt from disclosure or 
 
 
SB2889- 17 -LRB102 17768 RLC 24011 b


1 information that shall not be made public under the 
2 Illinois Insurance Code. 
3  (yy) Information prohibited from being disclosed under 
4 the Illinois Educational Labor Relations Act.
5  (zz) Information prohibited from being disclosed under 
6 the Illinois Public Labor Relations Act. 
7  (aaa) Information prohibited from being disclosed 
8 under Section 1-167 of the Illinois Pension Code. 
9  (bbb) Records exempt from disclosure under Section

10 2605-304 of the Department of State Police Law of the 
11 Civil
Administrative Code of Illinois. 
12(Source: P.A. 100-20, eff. 7-1-17; 100-22, eff. 1-1-18; 
13100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff. 
148-28-17; 100-465, eff. 8-31-17; 100-512, eff. 7-1-18; 100-517, 
15eff. 6-1-18; 100-646, eff. 7-27-18; 100-690, eff. 1-1-19; 
16100-863, eff. 8-14-18; 100-887, eff. 8-14-18; 101-13, eff. 
176-12-19; 101-27, eff. 6-25-19; 101-81, eff. 7-12-19; 101-221, 
18eff. 1-1-20; 101-236, eff. 1-1-20; 101-375, eff. 8-16-19; 
19101-377, eff. 8-16-19; 101-452, eff. 1-1-20; 101-466, eff. 
201-1-20; 101-600, eff. 12-6-19; 101-620, eff 12-20-19; 101-649, 
21eff. 7-7-20.)

22 Section 10. The Department of State Police Law of the

23Civil Administrative Code of Illinois is amended by changing 
24Section 2605-605 and by adding Section 2605-304 as follows:

 
 
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1 (20 ILCS 2605/2605-304 new)
2 Sec. 2605-304. Prohibited persons portal.
3 (a) Within 90 days after the effective date of this 
4amendatory Act of the 102nd General Assembly, the Illinois 
5State Police shall establish a portal for use by federal, 
6State, or local law enforcement agencies, including Offices of 
7the State's Attorneys and the Office of the Attorney General 
8to capture a report of persons whose Firearm Owner's 
9Identification Cards have been revoked or suspended. The 
10portal is for law enforcement purposes only.
11 (b) The Illinois State Police shall include in the report 
12the reason the person's Firearm Owner's Identification Card 
13was subject to revocation or suspension, to the extent allowed 
14by law, consistent with Section 8 of the Firearm Owners 
15Identification Card Act. 
16 (c) The Illinois State Police shall indicate whether the 
17person subject to the revocation or suspension of his or her 
18Firearm Owner's Identification Card has surrendered his or her 
19revoked or suspended Firearm Owner's Identification Card and 
20whether the person has completed a Firearm Disposition Record 
21required under Section 9.5 of the Firearm Owners 
22Identification Card Act. The Illinois State Police shall make 
23reasonable efforts to make this information available on the 
24Law Enforcement Agencies Data System (LEADS). 
25 (d) The Illinois State Police shall provide updates of 
26information related to an individual's current Firearm Owner's 
 
 
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1Identification Card revocation or suspension status, including 
2compliance under Section 9.5 of the Firearm Owners 
3Identification Card Act, in the Illinois State Police's Law 
4Enforcement Agencies Data System. 
5 (e) Records in this portal are exempt from disclosure 
6under the Freedom of Information Act. 
7 (f) The Illinois State Police may adopt rules necessary to 
8implement this Section. 

9 (20 ILCS 2605/2605-605)
10 Sec. 2605-605. Violent Crime Intelligence Task Force. The 
11Director of State Police shall may establish a statewide 
12multi-jurisdictional Violent Crime Intelligence Task Force led 
13by the Department of State Police dedicated to combating gun 
14violence, gun-trafficking, and other violent crime with the 
15primary mission of preservation of life and reducing the 
16occurrence and the fear of crime. The objectives of the Task 
17Force shall include, but not be limited to, reducing and 
18preventing illegal possession and use of firearms, 
19firearm-related homicides, and other violent crimes. 
20 (1) The Task Force may develop and acquire information, 
21training, tools, and resources necessary to implement a 
22data-driven approach to policing, with an emphasis on 
23intelligence development.
24 (2) The Task Force may utilize information sharing, 
25partnerships, crime analysis, and evidence-based practices to 
 
 
SB2889- 20 -LRB102 17768 RLC 24011 b


1assist in the reduction of firearm-related shootings, 
2homicides, and gun-trafficking.
3 (3) The Task Force may recognize and utilize best 
4practices of community policing and may develop potential 
5partnerships with faith-based and community organizations to 
6achieve its goals.
7 (4) The Task Force may identify and utilize best practices 
8in drug-diversion programs and other community-based services 
9to redirect low-level offenders.
10 (5) The Task Force may assist in violence suppression 
11strategies including, but not limited to, details in 
12identified locations that have shown to be the most prone to 
13gun violence and violent crime, focused deterrence against 
14violent gangs and groups considered responsible for the 
15violence in communities, and other intelligence driven methods 
16deemed necessary to interrupt cycles of violence or prevent 
17retaliation.
18 (6) In consultation with the Chief Procurement Officer, 
19the Department of State Police may obtain contracts for 
20software, commodities, resources, and equipment to assist the 
21Task Force with achieving this Act. Any contracts necessary to 
22support the delivery of necessary software, commodities, 
23resources, and equipment are not subject to the Illinois 
24Procurement Code, except for Sections 20-60, 20-65, 20-70, and 
2520-160 and Article 50 of that Code, provided that the Chief 
26Procurement Officer may, in writing with justification, waive 
 
 
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1any certification required under Article 50 of the Illinois 
2Procurement Code.

3 (7) The Task Force shall conduct enforcement operations 
4against persons whose Firearm Owner's Identification Cards 
5have been revoked or suspended and persons who fail to comply 
6with the requirements of Section 9.5 of the Firearm Owners 
7Identification Card Act, prioritizing individuals presenting a 
8clear and present danger to themselves or to others under 
9paragraph (2) of subsection (d) of Section 8.1 of the Firearm 
10Owners Identification Card Act.
11 (8) The Task Force shall collaborate with local law 
12enforcement agencies to enforce provisions of the Firearm 
13Owners Identification Card Act, the Firearm Concealed Carry 
14Act, the Firearm Dealer License Certification Act, and Article 
1524 of the Criminal Code of 2012.
16 (9) To implement this Section, the Director of the 
17Illinois State Police may establish intergovernmental 
18contracts written and executed in conformity with the 
19Intergovernmental Cooperation Act.
20 (10) Law enforcement agencies that participate in 
21activities described in paragraphs (7) through (9) may apply 
22to the Illinois State Police for grants from the State Police 
23Revocation Enforcement Fund. 
24(Source: P.A. 100-3, eff. 1-1-18.)

25 Section 15. The State Finance Act is amended by changing 
 
 
SB2889- 22 -LRB102 17768 RLC 24011 b


16z-99 and by adding Sections 5.935 and 6z-124 as follows:

2 (30 ILCS 105/5.935 new)
3 Sec. 5.935. The State Police Revocation Enforcement Fund.

4 (30 ILCS 105/6z-99)
5 Sec. 6z-99. The Mental Health Reporting Fund.
6 (a) There is created in the State treasury a special fund 
7known as the Mental Health Reporting Fund. The Fund shall 
8receive revenue under the Firearm Concealed Carry Act. The 
9Fund may also receive revenue from grants, pass-through 
10grants, donations, appropriations, and any other legal source.
11 (b) The Department of State Police and Department of Human 
12Services shall coordinate to use moneys in the Fund to finance 
13their respective duties of collecting and reporting data on 
14mental health records and ensuring that mental health firearm 
15possession prohibitors are enforced as set forth under the 
16Firearm Concealed Carry Act and the Firearm Owners 
17Identification Card Act, including reporting prohibitors to

18the National Instant Criminal Background Check System (NICS). 
19Any surplus in the Fund beyond what is necessary to ensure 
20compliance with mental health reporting under these Acts shall 
21be used by the Department of Human Services for mental health 
22treatment programs and by the State Board of Education for the 
23Safe Schools and Healthy Learning Environments Grant Program.
24 (c) Investment income that is attributable to the 
 
 
SB2889- 23 -LRB102 17768 RLC 24011 b


1investment of moneys in the Fund shall be retained in the Fund 
2for the uses specified in this Section.

3(Source: P.A. 98-63, eff. 7-9-13; 98-756, eff. 7-16-14.)

4 (30 ILCS 105/6z-124 new)
5 Sec. 6z-124. State Police Revocation Enforcement Fund.
6 (a) The State Police Revocation Enforcement Fund is 
7established as a special fund in the State treasury. This Fund 
8is established to receive moneys from the Firearm Owners 
9Identification Card Act to enforce that Act, the Firearm 
10Concealed Carry Act, Article 24 of the Criminal Code of 2012, 
11and other firearm offenses. The Fund may also receive revenue 
12from grants, donations, appropriations, and any other legal 
13source.
14 (b) The Illinois State Police may use moneys from the Fund 
15to establish task forces and, if necessary, include other law 
16enforcement agencies, pursuant to intergovernmental contracts 
17written and executed in conformity with the Intergovernmental 
18Cooperation Act.
19 (c) The Illinois State Police may use moneys in the Fund to 
20hire and train State Police officers and prevention of violent 
21crime.
22 (d) The State Police Revocation Enforcement Fund is not 
23subject to administrative chargebacks.
24 (e) Law enforcement agencies that participate in Firearm 
25Owner's Identification Card revocation enforcement in the 
 
 
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1Violent Crime Intelligence Task Force may apply for grants 
2from the Illinois State Police.


3 Section 20. The Firearm Owners Identification Card Act is 
4amended by changing Sections 1.1, 3.1, 4, 5, 6, 7, 8.2, 8.3, 
59.5, 10, 11, and 13.2 and by adding Sections 6.2, 7.5, 8.4, and 
613.4 as follows:



7 (430 ILCS 65/1.1) (from Ch. 38, par. 83-1.1)

8 Sec. 1.1. For purposes of this Act: 

9 "Addicted to narcotics" means a person who has been: 
10  (1) convicted of an offense involving the use or 
11 possession of cannabis, a controlled substance, or 
12 methamphetamine within the past year; or 
13  (2) determined by the Department of State Police to be 
14 addicted to narcotics based upon federal law or federal 
15 guidelines. 
16 "Addicted to narcotics" does not include possession or use 
17of a prescribed controlled substance under the direction and 
18authority of a physician or other person authorized to 
19prescribe the controlled substance when the controlled 
20substance is used in the prescribed manner.
21 "Adjudicated as a person with a mental disability" means 
22the person is the subject of a determination by a court, board, 
23commission or other lawful authority that the person, as a 
24result of marked subnormal intelligence, or mental illness, 
 
 
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1mental impairment, incompetency, condition, or disease:
2  (1) presents a clear and present danger to himself, 
3 herself, or to others;
4  (2) lacks the mental capacity to manage his or her own 
5 affairs or is adjudicated a person with a disability as 
6 defined in Section 11a-2 of the Probate Act of 1975;
7  (3) is not guilty in a criminal case by reason of 
8 insanity, mental disease or defect;
9  (3.5) is guilty but mentally ill, as provided in 
10 Section 5-2-6 of the Unified Code of Corrections; 
11  (4) is incompetent to stand trial in a criminal case; 
12  (5) is not guilty by reason of lack of mental 
13 responsibility under Articles 50a and 72b of the Uniform 
14 Code of Military Justice, 10 U.S.C. 850a, 876b;

15  (6) is a sexually violent person under subsection (f) 
16 of Section 5 of the Sexually Violent Persons Commitment 
17 Act; 
18  (7) is a sexually dangerous person under the Sexually 
19 Dangerous Persons Act; 
20  (8) is unfit to stand trial under the Juvenile Court 
21 Act of 1987; 
22  (9) is not guilty by reason of insanity under the 
23 Juvenile Court Act of 1987; 
24  (10) is subject to involuntary admission as an 
25 inpatient as defined in Section 1-119 of the Mental Health 
26 and Developmental Disabilities Code; 
 
 
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1  (11) is subject to involuntary admission as an 
2 outpatient as defined in Section 1-119.1 of the Mental 
3 Health and Developmental Disabilities Code; 
4  (12) is subject to judicial admission as set forth in 
5 Section 4-500 of the Mental Health and Developmental 
6 Disabilities Code; or 
7  (13) is subject to the provisions of the Interstate 
8 Agreements on Sexually Dangerous Persons Act. 
9 "Clear and present danger" means a person who:
10  (1) communicates a serious threat of physical violence 
11 against a reasonably identifiable victim or poses a clear 
12 and imminent risk of serious physical injury to himself, 
13 herself, or another person as determined by a physician, 
14 clinical psychologist, or qualified examiner; or
15  (2) demonstrates threatening physical or verbal 
16 behavior, such as violent, suicidal, or assaultive 
17 threats, actions, or other behavior, as determined by a 
18 physician, clinical psychologist, qualified examiner, 
19 school administrator, or law enforcement official.
20 "Clinical psychologist" has the meaning provided in 
21Section 1-103 of the Mental Health and Developmental 
22Disabilities Code.
23 "Controlled substance" means a controlled substance or 
24controlled substance analog as defined in the Illinois 
25Controlled Substances Act. 
26 "Counterfeit" means to copy or imitate, without legal 
 
 
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1authority, with
intent
to deceive.
2 "Federally licensed firearm dealer" means a person who is 
3licensed as a federal firearms dealer under Section 923 of the 
4federal Gun Control Act of 1968 (18 U.S.C. 923).


5 "Firearm" means any device, by
whatever name known, which 
6is designed to expel a projectile or projectiles
by the action 
7of an explosion, expansion of gas or escape of gas; excluding,

8however:

9  (1) any pneumatic gun, spring gun, paint ball gun, or 
10 B-B gun which
expels a single globular projectile not 
11 exceeding .18 inch in
diameter or which has a maximum 
12 muzzle velocity of less than 700 feet
per second;

13  (1.1) any pneumatic gun, spring gun, paint ball gun, 
14 or B-B gun which expels breakable paint balls containing 
15 washable marking colors; 
16  (2) any device used exclusively for signalling or 
17 safety and required or
recommended by the United States 
18 Coast Guard or the Interstate Commerce
Commission;

19  (3) any device used exclusively for the firing of stud 
20 cartridges,
explosive rivets or similar industrial 
21 ammunition; and

22  (4) an antique firearm (other than a machine-gun) 
23 which, although
designed as a weapon, the Department of 
24 State Police finds by reason of
the date of its 
25 manufacture, value, design, and other characteristics is

26 primarily a collector's item and is not likely to be used 
 
 
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1 as a weapon.

2 "Firearm ammunition" means any self-contained cartridge or 
3shotgun
shell, by whatever name known, which is designed to be 
4used or adaptable to
use in a firearm; excluding, however:

5  (1) any ammunition exclusively designed for use with a 
6 device used
exclusively for signalling or safety and 
7 required or recommended by the
United States Coast Guard 
8 or the Interstate Commerce Commission; and

9  (2) any ammunition designed exclusively for use with a 
10 stud or rivet
driver or other similar industrial 
11 ammunition.
12 "Gun show" means an event or function:
13  (1) at which the sale and transfer of firearms is the 
14 regular and normal course of business and where 50 or more 
15 firearms are displayed, offered, or exhibited for sale, 
16 transfer, or exchange; or
17  (2) at which not less than 10 gun show vendors 
18 display, offer, or exhibit for sale, sell, transfer, or 
19 exchange firearms.

20 "Gun show" includes the entire premises provided for an 
21event or function, including parking areas for the event or 
22function, that is sponsored to facilitate the purchase, sale, 
23transfer, or exchange of firearms as described in this 
24Section.
Nothing in this definition shall be construed to 
25exclude a gun show held in conjunction with competitive 
26shooting events at the World Shooting Complex sanctioned by a 
 
 
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1national governing body in which the sale or transfer of 
2firearms is authorized under subparagraph (5) of paragraph (g) 
3of subsection (A) of Section 24-3 of the Criminal Code of 2012. 
4 Unless otherwise expressly stated, "gun show" does not 
5include training or safety classes, competitive shooting 
6events, such as rifle, shotgun, or handgun matches, trap, 
7skeet, or sporting clays shoots, dinners, banquets, raffles, 
8or
any other event where the sale or transfer of firearms is 
9not the primary course of business.
10 "Gun show promoter" means a person who organizes or 
11operates a gun show.
12 "Gun show vendor" means a person who exhibits, sells, 
13offers for sale, transfers, or exchanges any firearms at a gun 
14show, regardless of whether the person arranges with a gun 
15show promoter for a fixed location from which to exhibit, 
16sell, offer for sale, transfer, or exchange any firearm.
17 "Involuntarily admitted" has the meaning as prescribed in 
18Sections 1-119 and 1-119.1 of the Mental Health and 
19Developmental Disabilities Code. 
20 "Mental health facility" means any licensed private 
21hospital or hospital affiliate, institution, or facility, or 
22part thereof, and any facility, or part thereof, operated by 
23the State or a political subdivision thereof which provide 
24treatment of persons with mental illness and includes all 
25hospitals, institutions, clinics, evaluation facilities, 
26mental health centers, colleges, universities, long-term care 
 
 
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1facilities, and nursing homes, or parts thereof, which provide 
2treatment of persons with mental illness whether or not the 
3primary purpose is to provide treatment of persons with mental 
4illness. 
5 "National governing body" means a group of persons who 
6adopt rules and formulate policy on behalf of a national 
7firearm sporting organization. 
8 "Patient" means: 
9  (1) a person who is admitted as an inpatient or 
10 resident of a public or private mental health facility for 
11 mental health treatment under Chapter III of the Mental 
12 Health and Developmental Disabilities Code as an informal 
13 admission, a voluntary admission, a minor admission, an 
14 emergency admission, or an involuntary admission, unless 
15 the treatment was solely for an alcohol abuse disorder; or 
16  (2) a person who voluntarily or involuntarily receives 
17 mental health treatment as an out-patient or is otherwise 
18 provided services by a public or private mental health 
19 facility, and who poses a clear and present danger to 
20 himself, herself, or to others. 
21 "Person with a developmental disability" means a person 
22with a disability which is attributable to any other condition 
23which results in impairment similar to that caused by an 
24intellectual disability and which requires services similar to 
25those required by persons with intellectual disabilities. The 
26disability must originate before the age of 18
years, be 
 
 
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1expected to continue indefinitely, and constitute a 
2substantial disability. This disability results, in the 
3professional opinion of a physician, clinical psychologist, or 
4qualified examiner, in significant functional limitations in 3 
5or more of the following areas of major life activity:
6  (i) self-care;
7  (ii) receptive and expressive language;
8  (iii) learning;
9  (iv) mobility; or
10  (v) self-direction. 
11 "Person with an intellectual disability" means a person 
12with a significantly subaverage general intellectual 
13functioning which exists concurrently with impairment in 
14adaptive behavior and which originates before the age of 18 
15years. 
16 "Physician" has the meaning as defined in Section 1-120 of 
17the Mental Health and Developmental Disabilities Code.
18 "Protective order" means any orders of protection issued 
19under the Illinois Domestic Violence Act of 1986, stalking no 
20contact orders issued under the Stalking No Contact Order Act, 
21civil no contact orders issued under the Civil No Contact 
22Order Act, and firearms restraining orders issued under the 
23Firearms Restraining Order Act. 
24 "Qualified examiner" has the meaning provided in Section 
251-122 of the Mental Health and Developmental Disabilities 
26Code.
 
 
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1 "Sanctioned competitive shooting event" means a shooting 
2contest officially recognized by a national or state shooting 
3sport association, and includes any sight-in or practice 
4conducted in conjunction with the event.


5 "School administrator" means the person required to report 
6under the School Administrator Reporting of Mental Health 
7Clear and Present Danger Determinations Law.
8 "Stun gun or taser" has the meaning ascribed to it in 
9Section 24-1 of the Criminal Code of 2012.
10(Source: P.A. 99-29, eff. 7-10-15; 99-143, eff. 7-27-15; 
1199-642, eff. 7-28-16; 100-906, eff. 1-1-19.)



12 (430 ILCS 65/3.1) (from Ch. 38, par. 83-3.1)



13 Sec. 3.1. Firearm Transfer Inquiry Program Dial up system. 
14 (a) The Department of State Police shall provide
a dial up 
15telephone system or utilize other existing technology which 
16shall be used by any federally licensed
firearm dealer, gun 
17show promoter, or gun show vendor who is to transfer a firearm, 
18stun gun, or taser under the provisions of this
Act. The 
19Department of State Police may utilize existing technology 
20which
allows the caller to be charged a fee not to exceed $2. 
21Fees collected by the Department of
State Police shall be 
22deposited in the State Police Services Fund and used
to 
23provide the service.


24 (b) Upon receiving a request from a federally licensed 
25firearm dealer, gun show promoter, or gun show vendor, the

 
 
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1Department of State Police shall immediately approve, or 
2within the time
period established by Section 24-3 of the 
3Criminal Code of 2012 regarding
the delivery of firearms, stun 
4guns, and tasers notify the inquiring dealer, gun show 
5promoter, or gun show vendor of any objection that
would 
6disqualify the transferee from acquiring or possessing a 
7firearm, stun gun, or taser. In
conducting the inquiry, the 
8Department of State Police shall initiate and
complete an 
9automated search of its criminal history record information

10files and those of the Federal Bureau of Investigation, 
11including the
National Instant Criminal Background Check 
12System, and of the files of
the Department of Human Services 
13relating to mental health and
developmental disabilities to 
14obtain
any felony conviction or patient hospitalization 
15information which would
disqualify a person from obtaining or 
16require revocation of a currently
valid Firearm Owner's 
17Identification Card.
18 (b-5) The Illinois State Police shall by rule provide a 
19process for the automatic renewal of the Firearm Owner's 
20Identification Card of a person at the time of a inquiry in 
21subsection (b). Persons eligible for this process must have a 
22set of fingerprints on file with their application pursuant to 
23either subsection (a-25) of Section 4 or the Firearm Concealed 
24Carry Act. 
25 (c) If receipt of a firearm would not violate Section 24-3 
26of the Criminal Code of 2012, federal law, or this Act the 
 
 
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1Department of State Police shall:
2  (1) assign a unique identification number to the 
3 transfer; and
4  (2) provide the licensee, gun show promoter, or gun 
5 show vendor with the number.
6 (d) Approvals issued by the Department of State Police for 
7the purchase of a firearm are valid for 30 days from the date 
8of issue.


9 (e) (1) The Department of State Police must act as the 
10Illinois Point of Contact
for the National Instant Criminal 
11Background Check System.
12 (2) The Department of State Police and the Department of 
13Human Services shall, in accordance with State and federal law 
14regarding confidentiality, enter into a memorandum of 
15understanding with the Federal Bureau of Investigation for the 
16purpose of implementing the National Instant Criminal 
17Background Check System in the State. The Department of State 
18Police shall report the name, date of birth, and physical 
19description of any person prohibited from possessing a firearm 
20pursuant to the Firearm Owners Identification Card Act or 18 
21U.S.C. 922(g) and (n) to the National Instant Criminal 
22Background Check System Index, Denied Persons Files.


23 (3) The Department of State Police shall provide notice of 
24the disqualification of a person under subsection (b) of this 
25Section or the revocation of a person's Firearm Owner's 
26Identification Card under Section 8 or Section 8.2 of this 
 
 
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1Act, and the reason for the disqualification or revocation, to 
2all law enforcement agencies with jurisdiction to assist with 
3the seizure of the person's Firearm Owner's Identification 
4Card. 
5 (f) The Department of State Police shall adopt rules not 
6inconsistent with this Section to implement this
system.

7(Source: P.A. 98-63, eff. 7-9-13; 99-787, eff. 1-1-17.)



8 (430 ILCS 65/4) (from Ch. 38, par. 83-4)


9 Sec. 4. Application for Firearm Owner's Identification 
10Cards. 
11 (a) Each applicant for a Firearm Owner's Identification 
12Card must: 

13  (1) Make application on blank forms prepared and 
14 furnished at convenient
locations throughout the State by 
15 the Department of State Police, or by
electronic means, if 
16 and when made available by the Department of State
Police; 
17 and

18  (2) Submit evidence to the Department of State Police 
19 that:

20   (i) This subparagraph (i) applies through the 
21 180th day following the effective date of this 
22 amendatory Act of the 101st General Assembly. He or 
23 she is 21 years of age or over, or if he or she is 
24 under 21
years of age that he or she has the written 
25 consent of his or her parent or
legal guardian to 
 
 
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1 possess and acquire firearms and firearm ammunition 
2 and that
he or she has never been convicted of a 
3 misdemeanor other than a traffic
offense or adjudged

4 delinquent, provided, however, that such parent or 
5 legal guardian is not an
individual prohibited from 
6 having a Firearm Owner's Identification Card and
files 
7 an affidavit with the Department as prescribed by the 
8 Department
stating that he or she is not an individual 
9 prohibited from having a Card;
10   (i-5) This subparagraph (i-5) applies on and after 
11 the 181st day following the effective date of this 
12 amendatory Act of the 101st General Assembly. He or 
13 she is 21 years of age or over, or if he or she is 
14 under 21
years of age that he or she has never been 
15 convicted of a misdemeanor other than a traffic 
16 offense or adjudged delinquent and is an active duty 
17 member of the United States Armed Forces or has the 
18 written consent of his or her parent or
legal guardian 
19 to possess and acquire firearms and firearm 
20 ammunition, provided, however, that such parent or 
21 legal guardian is not an
individual prohibited from 
22 having a Firearm Owner's Identification Card and
files 
23 an affidavit with the Department as prescribed by the 
24 Department
stating that he or she is not an individual 
25 prohibited from having a Card or the active duty 
26 member of the United States Armed Forces under 21 
 
 
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1 years of age annually submits proof to the Department 
2 of State Police, in a manner prescribed by the 
3 Department; 

4   (ii) He or she has not been convicted of a felony 
5 under the laws of
this or any other jurisdiction;

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

7   (iv) He or she has not been a patient in a mental 
8 health facility within
the past 5 years or, if he or 
9 she has been a patient in a mental health facility more 
10 than 5 years ago submit the certification required 
11 under subsection (u) of Section 8 of this Act;

12   (v) He or she is not a person with an intellectual 
13 disability;

14   (vi) He or she is not an alien who is unlawfully 
15 present in the
United States under the laws of the 
16 United States;

17   (vii) He or she is not subject to an existing order 
18 of protection
prohibiting him or her from possessing a 
19 firearm;

20   (viii) He or she has not been convicted within the 
21 past 5 years of
battery, assault, aggravated assault, 
22 violation of an order of
protection, or a 
23 substantially similar offense in another jurisdiction, 
24 in
which a firearm was used or possessed;

25   (ix) He or she has not been convicted of domestic 
26 battery, aggravated domestic battery, or a

 
 
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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 an alien 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 an alien who has 
21 been lawfully admitted to the United
States under a 
22 non-immigrant visa if that alien 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:

 
 
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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 alien 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; 
 
 
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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 Department of State Police, 
8 sign a release on a
form prescribed by the Department of 
9 State Police waiving any right to
confidentiality and 
10 requesting the disclosure to the Department of State 
11 Police
of limited mental health institution admission 
12 information from another state,
the District of Columbia, 
13 any other territory of the United States, or a
foreign 
14 nation concerning the applicant for the sole purpose of 
15 determining
whether the applicant is or was a patient in a 
16 mental health institution and
disqualified because of that 
17 status from receiving a Firearm Owner's
Identification 
18 Card. No mental health care or treatment records may be

19 requested. The information received shall be destroyed 
20 within one year of
receipt.

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

25provided in subsection (a-10).

26 (a-10) Each applicant for a Firearm Owner's Identification 
 
 
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1Card,
who is employed as a law enforcement officer, an armed 
2security officer in Illinois, or by the United States Military

3permanently assigned in Illinois and who is not an Illinois 
4resident, shall furnish to
the Department of State Police his 
5or her driver's license number or state
identification card 
6number from his or her state of residence. The Department
of 
7State Police may adopt rules to enforce the provisions of this

8subsection (a-10).

9 (a-15) If an applicant applying for a Firearm Owner's 
10Identification Card moves from the residence address named in 
11the application, he or she shall immediately notify in a form 
12and manner prescribed by the Department of State Police of 
13that change of address.
14 (a-20) Each applicant for a Firearm Owner's Identification 
15Card shall furnish to the Department of State Police his or her 
16photograph. An applicant who is 21 years of age or older 
17seeking a religious exemption to the photograph requirement 
18must furnish with the application an approved copy of United 
19States Department of the Treasury Internal Revenue Service 
20Form 4029. In lieu of a photograph, an applicant regardless of 
21age seeking a religious exemption to the photograph 
22requirement shall submit fingerprints on a form and manner 
23prescribed by the Department with his or her application.
24 (a-25) Each applicant for the issuance of a Firearm 
25Owner's Identification Card may include a full set of his or 
26her fingerprints in electronic format to the Illinois State 
 
 
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1Police, unless the applicant has previously provided a full 
2set of his or her fingerprints to the Illinois State Police 
3under this Act or the Firearm Concealed Carry Act.
4 The fingerprints must be transmitted through a live scan 
5fingerprint vendor licensed by the Department of Financial and 
6Professional Regulation. The fingerprints shall be checked 
7against the fingerprint records now and hereafter filed in the 
8Illinois State Police and Federal Bureau of Investigation 
9criminal history records databases, including all available 
10State and local criminal history record information files.
11 The Illinois State Police shall charge applicants a 
12one-time fee for conducting the criminal history record check, 
13which shall be deposited into the State Police Services Fund 
14and shall not exceed the actual cost of the State and national 
15criminal history record check.
16 (a-26) The Illinois State Police shall research, explore, 
17and report to the General Assembly by January 1, 2022 on the 
18feasibility of permitting voluntarily submitted fingerprints 
19obtained for purposes other than Firearm Owner's 
20Identification Card enforcement that are contained in the 
21Illinois State Police database for purposes of this Act. 
22 (b) Each application form shall include the following 
23statement printed in
bold type: "Warning: Entering false 
24information on an application for a Firearm
Owner's 
25Identification Card is punishable as a Class 2 felony in 
26accordance
with subsection (d-5) of Section 14 of the Firearm 
 
 
SB2889- 43 -LRB102 17768 RLC 24011 b


1Owners Identification Card
Act.".

2 (c) Upon such written consent, pursuant to Section 4, 
3paragraph (a)(2)(i),
the parent or legal guardian giving the 
4consent shall be liable for any
damages resulting from the 
5applicant's use of firearms or firearm ammunition.

6(Source: P.A. 101-80, eff. 7-12-19.)




7 (430 ILCS 65/5) (from Ch. 38, par. 83-5)

8 Sec. 5. Application and renewal. 
9 (a) The Department of State Police shall either approve or

10deny all applications within 30 days from the date they are 
11received,
except as provided in subsections (b) and (c) 
12subsection (b) of this Section, and every applicant found 
13qualified under Section 8 of this Act by
the Department shall 
14be entitled to a Firearm Owner's Identification
Card upon the 
15payment of a $10 fee and applicable processing fees. The 
16processing fees shall be limited to charges by the State 
17Treasurer for using the electronic online payment system. Any 
18applicant who is an active duty member of the Armed Forces of 
19the United States, a member of the Illinois National Guard, or 
20a member of the Reserve Forces of the United States is exempt 
21from the application fee. $5 of each fee derived from the 
22issuance of a Firearm Owner's Identification Card or renewals, 
23thereof, shall be deposited in the State Police Firearm 
24Services Fund and $5 into the State Police Revocation 
25Enforcement Fund $6 of each fee derived from the
issuance of 
 
 
SB2889- 44 -LRB102 17768 RLC 24011 b


1Firearm Owner's Identification Cards, or renewals thereof,

2shall be deposited in the Wildlife and Fish Fund in the State 
3Treasury;
$1 of the fee shall be deposited in the State Police 
4Services Fund and $3 of the fee shall be deposited in the
State 
5Police Firearm Services Fund.
6 (b) Renewal applications shall be approved or denied 
7within 60 business days, provided the applicant submitted his 
8or her renewal application prior to the expiration of his or 
9her Firearm Owner's Identification Card. If a renewal 
10application has been submitted prior to the expiration date of 
11the applicant's Firearm Owner's Identification Card, the 
12Firearm Owner's Identification Card shall remain valid while 
13the Department processes the application, unless the person is 
14subject to or becomes subject to revocation under this Act. 
15The cost for a renewal application shall be $10 of which $5 of 
16each fee derived from the issuance of a Firearm Owner's 
17Identification Card or renewals, thereof, shall be deposited 
18in the State Police Firearm Services Fund and $5 into the State 
19Police Revocation Enforcement Fund shall be deposited into the 
20State Police Firearm Services Fund.
21 (c) If the Firearm Owner's Identification Card of a 
22licensee under the Firearm Concealed Carry Act expires during 
23the term of the licensee's concealed carry license, the 
24Firearm Owner's Identification Card and the license remain 
25valid and the licensee does not have to renew his or her 
26Firearm Owner's Identification Card during the duration of the 
 
 
SB2889- 45 -LRB102 17768 RLC 24011 b


1concealed carry license. Unless the Illinois State Police has 
2reason to believe the licensee is no longer eligible for the 
3card, the Illinois State Police may automatically renew the 
4licensee's Firearm Owner's Identification Card and send a 
5renewed Firearm Owner's Identification Card to the licensee.
6 (d) The Illinois State Police may adopt rules concerning 
7the use of voluntarily submitted fingerprints, as allowed by 
8State and federal law. 

9(Source: P.A. 100-906, eff. 1-1-19.)





10 (430 ILCS 65/6) (from Ch. 38, par. 83-6)



11 Sec. 6. Contents of Firearm Owner's Identification Card. 

12 (a) A Firearm Owner's Identification Card, issued by the 
13Department of
State Police at such places as the Director of 
14the
Department shall
specify, shall contain the applicant's 
15name, residence, date of birth, sex,
physical description, 
16recent photograph, except as provided in subsection (c-5), and 
17signature. Each Firearm Owner's
Identification Card must have 
18the Firearm Owner's Identification Card number expiration date 
19boldly and conspicuously
displayed on the face of the card. 
20Each Firearm Owner's
Identification Card must have printed on 
21it the following: "CAUTION - This
card does not permit bearer 
22to UNLAWFULLY carry or use firearms."
Before December 1, 2002,

23the Department may use a person's digital photograph and 
24signature from his or
her
Illinois driver's license or 
25Illinois Identification Card, if available. On
and after 
 
 
SB2889- 46 -LRB102 17768 RLC 24011 b


1December 1, 2002,
the Department shall use a person's digital 
2photograph and signature from his
or her
Illinois driver's 
3license or Illinois Identification Card, if available. The

4Department shall decline to use a person's digital photograph 
5or signature if
the digital photograph or signature is the 
6result of or associated with
fraudulent or erroneous data, 
7unless otherwise provided by law.

8 (b) A person applying for a Firearm Owner's Identification 
9Card shall
consent
to the Department of State Police using the 
10applicant's digital driver's
license
or Illinois 
11Identification Card photograph, if available, and signature on 
12the
applicant's
Firearm Owner's Identification Card. The 
13Secretary
of State shall allow the Department of State Police 
14access to the photograph
and signature for the purpose of 
15identifying the applicant and issuing to the
applicant a

16Firearm Owner's Identification Card.

17 (c) The Secretary of State shall conduct a study to 
18determine the cost
and
feasibility of creating a method of 
19adding an identifiable code, background, or
other means on the 
20driver's license or Illinois Identification Card to show
that

21an individual is not disqualified from owning or possessing a 
22firearm under
State or federal law. The Secretary shall report 
23the findings of this study
12 months after the effective date 
24of this amendatory Act of the 92nd General
Assembly.

25 (c-5) If a person qualifies for a photograph exemption, in 
26lieu of a photograph, the Firearm Owner's Identification Card 
 
 
SB2889- 47 -LRB102 17768 RLC 24011 b


1shall contain a copy of the card holder's fingerprints. Each 
2Firearm Owner's Identification Card described in this 
3subsection (c-5) must have printed on it the following: "This 
4card is only valid for firearm purchases through a federally 
5licensed firearms dealer when presented with photographic 
6identification, as prescribed by 18 U.S.C. 922(t)(1)(C)." 
7(Source: P.A. 97-1131, eff. 1-1-13.)


8 (430 ILCS 65/6.2 new)
9 Sec. 6.2. Electronic Firearm Owner's Identification Cards. 
10The Illinois State Police may develop a system under which the 
11holder of a Firearm Owner's Identification Card may display an 
12electronic version of his or her Firearm Owner's 
13Identification Card on a mobile telephone or other portable 
14electronic device. An electronic version of a Firearm Owner's 
15Identification Card shall contain security features the 
16Illinois State Police determines to be necessary to ensure 
17that the electronic version is accurate and current and shall 
18satisfy other requirements the Illinois State Police 
19determines to be necessary regarding form and content. The 
20display or possession of an electronic version of a valid 
21Firearm Owner's Identification Card in accordance with the 
22requirements of the Illinois State Police satisfies all 
23requirements for the display or possession of a valid Firearm 
24Owner's Identification Card under the laws of this State. The 
25possession or display of an electronic Firearm Owner's 
 
 
SB2889- 48 -LRB102 17768 RLC 24011 b


1Identification Card on a mobile telephone or other portable 
2electronic device does not constitute consent for a law 
3enforcement officer, court, or other officer of the court to 
4access other contents of the mobile telephone or other 
5portable electronic device. The Illinois State Police may 
6adopt rules to implement this Section.



7 (430 ILCS 65/7) (from Ch. 38, par. 83-7)



8 Sec. 7. Validity of Firearm Owner's Identification Card. 
9 (a) Except as provided in Section 8 of this Act or 
10elsewhere in subsection (b) of this Section, a Firearm Owner's

11Identification Card issued under the provisions of this Act 
12shall be valid
for the person to whom it is issued for a period 
13of 10 years from the date
of issuance. Unless the person no 
14longer meets the requirements or becomes subject to suspension 
15or revocation under this Act, a card issued pursuant to an 
16application made as provided in subsection (a-25) of Section 4 
17shall remain valid if the person meets the requirements of 
18subsection (b-5) of Section 3.1. 
19 (b) If a renewal application is submitted to the 
20Department before the expiration date of the applicant's 
21current Firearm Owner's Identification Card, the Firearm 
22Owner's Identification Card shall remain valid for a period of 
2360 business days, unless the person is subject to or becomes 
24subject to revocation under this Act. Unless the person no 
25longer meets the requirements or becomes subject to suspension 
 
 
SB2889- 49 -LRB102 17768 RLC 24011 b


1or revocation under this Act, a card issued pursuant to a 
2renewal application made as provided in subsection (a-25) of 
3Section 4 shall remain valid if the person meets the 
4implementation requirements of Section 3.1.

5 (c) If the Firearm Owner's Identification Card of a 
6licensee under the Firearm Concealed Carry Act expires during 
7the term of the licensee's concealed carry license, the 
8Firearm Owner's Identification Card and the license remain 
9valid during the validity of the concealed carry license and 
10the licensee does not have to renew his or her Firearm Owner's 
11Identification Card, if the Firearm Owner's Identification 
12Card has not been otherwise renewed as provided in this Act. 
13Unless the Illinois State Police has reason to believe the 
14licensee is no longer eligible for the card, the Illinois 
15State Police may automatically renew the licensee's Firearm 
16Owner's Identification Card and send a renewed Firearm Owner's 
17Identification Card to the licensee.
18(Source: P.A. 100-906, eff. 1-1-19.)


19 (430 ILCS 65/7.5 new)
20 Sec. 7.5. Email notifications.  A person subject to this 
21Act
may notify the Illinois State Police upon application or 
22at any time
thereafter that he or she would like to receive 
23correspondence
from the Department via email rather than by 
24mail. A person subject to this Act
may notify the Illinois 
25State Police upon application or at any time
thereafter that 
 
 
SB2889- 50 -LRB102 17768 RLC 24011 b


1he or she would like to receive correspondence
from the 
2Illinois State Police via email rather than by mail.

3 (430 ILCS 65/8.2)
4 Sec. 8.2. Firearm Owner's Identification Card denial, 
5suspension, or revocation. The Department of State Police 
6shall deny an application or shall suspend or revoke and seize 
7a Firearm Owner's Identification Card previously issued under 
8this Act if the Department finds that the applicant or person 
9to whom such card was issued is or was at the time of issuance 
10subject to a protective order an existing order of protection , 
11or firearms restraining order, stalking no contact order, or 
12civil no contact order. When the duration of the protective 
13order is expected to be less than one year, the Illinois State 
14Police shall suspend the Firearm Owner's Identification Card 
15pursuant to Section 8.3 of this Act and shall reinstate it upon 
16conclusion of the suspension if no other grounds for denial or 
17revocation are found pursuant to Section 8. 

18(Source: P.A. 100-607, eff. 1-1-19.)

19 (430 ILCS 65/8.3)
20 Sec. 8.3. Suspension of Firearm Owner's Identification 
21Card. The Department of State Police may suspend , by rule in a 
22manner consistent with the Department's rules concerning 
23revocation, provide for the suspension of the Firearm Owner's 
24Identification Card of a person whose Firearm Owner's 
 
 
SB2889- 51 -LRB102 17768 RLC 24011 b


1Identification Card is subject to revocation and seizure under 
2this Act for the duration of the disqualification if the 
3disqualification is not a permanent grounds for revocation of 
4a Firearm Owner's Identification Card under this Act. The 
5Illinois State Police may adopt rules necessary to implement 
6this Section. 

7(Source: P.A. 100-607, eff. 1-1-19; 100-906, eff. 1-1-19.)

8 (430 ILCS 65/8.4 new)
9 Sec. 8.4. Cancellation of Firearm Owner's Identification

10Card.  The Illinois State Police may cancel a Firearm
Owner's 
11Identification Card if a person is not prohibited by
State or 
12federal law from acquiring or possessing a firearm or
firearm 
13ammunition and the sole purpose is for an
administrative 
14reason. This includes, at
the request of the Firearm Owner's 
15Identification Card holder,
a person who surrenders his or her 
16Illinois driver's license or
Illinois Identification Card to 
17another jurisdiction, or a
person's Firearm Owner's 
18Identification Card is reported as
lost, stolen, or destroyed. 
19The Illinois State Police may adopt rules
necessary to 
20implement this Section.

21 (430 ILCS 65/9.5)
22 Sec. 9.5. Revocation of Firearm Owner's Identification

23Card.
24 (a) A person who receives a revocation notice under 
 
 
SB2889- 52 -LRB102 17768 RLC 24011 b


1Section 9 of this Act shall, within 48 hours of receiving 
2notice of the revocation:
3  (1) surrender his or her Firearm Owner's 
4 Identification Card to the local law enforcement agency 
5 where the person resides or . The local law enforcement 
6 agency shall provide the person a receipt and transmit the 
7 Firearm Owner's Identification Card to the Department of 
8 State Police; and
9  (2) complete a Firearm Disposition Record on a form 
10 prescribed by the Department of State Police and place his 
11 or her firearms in the location or with the person 
12 reported in the Firearm Disposition Record. The form shall 
13 require the person to disclose:
14   (A) the make, model, and serial number of each 
15 firearm owned by or under the custody and control of 
16 the revoked person;
17   (B) the location where each firearm will be 
18 maintained during the prohibited term; and
19   (C) if any firearm will be transferred to the 
20 custody of another person, the name, address and 
21 Firearm Owner's Identification Card number of the 
22 transferee; and .
23   (D) to whom his or her Firearm Owner's 
24 Identification Card was surrendered.
25  Once completed, the person shall retain a copy and 
26 provide a copy of the Firearm Disposition Record to the 
 
 
SB2889- 53 -LRB102 17768 RLC 24011 b


1 Illinois State Police. 
2 (b) Surrendered Firearm Owner's Identification Cards shall 
3be destroyed by the law enforcement agency receiving the 
4cards. The local law enforcement agency shall provide a copy 
5of the Firearm Disposition Record to the person whose Firearm 
6Owner's Identification Card has been revoked and to the 
7Department of State Police.
8  (b-5) If a court orders the surrender of a Firearms 
9Owner's Identification Card and accepts receipt of the Card, 
10the court shall destroy the Card and direct the person whose 
11Firearm Owner's Identification Card has been surrendered to 
12comply with paragraph (2) of subsection (a).
13 (b-10) If the person whose Firearm Owner's Identification 
14Card has been revoked has either lost or destroyed the Card, 
15the person must still comply with paragraph (2) of subsection 
16(a).
17 (b-15) A notation shall be made in the portal created 
18under Section 2605-304 of the Department of State Police Law 
19of the Civil Administrative Code of Illinois that the revoked 
20Firearm Owner's Identification Card has been destroyed. 
21 (c) If the person whose Firearm Owner's Identification 
22Card has been revoked fails to comply with the requirements of 
23this Section, the sheriff or law enforcement agency where the 
24person resides may petition the circuit court to issue a 
25warrant to search for and seize the Firearm Owner's 
26Identification Card and firearms in the possession or under 
 
 
SB2889- 54 -LRB102 17768 RLC 24011 b


1the custody or control of the person whose Firearm Owner's 
2Identification Card has been revoked.
3 (d) A violation of subsection (a) of this Section is a 
4Class A misdemeanor.
5 (e) The observation of a Firearm Owner's Identification 
6Card in the possession of a person whose Firearm Owner's 
7Identification Card has been revoked constitutes a sufficient 
8basis for the arrest of that person for violation of this 
9Section.
10 (f) Within 30 days after the effective date of this 
11amendatory Act of the 98th General Assembly, the Department of 
12State Police shall provide written notice of the requirements 
13of this Section to persons whose Firearm Owner's 
14Identification Cards have been revoked, suspended, or expired 
15and who have failed to surrender their cards to the 
16Department.
17 (g) A person whose Firearm Owner's Identification Card has 
18been revoked and who received notice under subsection (f) 
19shall comply with the requirements of this Section within 48 
20hours of receiving notice. 

21(Source: P.A. 98-63, eff. 7-9-13.)



22 (430 ILCS 65/10) (from Ch. 38, par. 83-10)



23 Sec. 10. Appeals Appeal to director; hearing; relief from 
24firearm prohibitions.  
25 (a) Whenever an application for a Firearm Owner's 
 
 
SB2889- 55 -LRB102 17768 RLC 24011 b


1Identification
Card is denied, whenever the Illinois State 
2Police Department fails to act on an application
within 30 
3days of its receipt, or whenever such a Card is revoked or 
4seized
as provided for in Section 8 of this Act, the aggrieved 
5party may
appeal
to the Firearm Owner's Identification Card 
6Review Board Director of State Police for a hearing upon
such 
7denial, revocation or seizure, unless the denial, revocation, 
8or seizure
was based upon a forcible felony, stalking, 
9aggravated stalking, domestic
battery, any violation of the 
10Illinois Controlled Substances Act, the Methamphetamine 
11Control and Community Protection Act, or the
Cannabis Control 
12Act that is classified as a Class 2 or greater felony,
any

13felony violation of Article 24 of the Criminal Code of 1961 or 
14the Criminal Code of 2012, or any
adjudication as a delinquent 
15minor for the commission of an
offense that if committed by an 
16adult would be a felony, in which case the
aggrieved party may 
17petition the circuit court in writing in the county of
his or 
18her residence for a hearing upon such denial, revocation, or 
19seizure.

20 (a-5) There is created within the Illinois State Police a 
21Firearm Owner's Identification Card Review Board to consider 
22any appeal under subsection (a), other than an appeal directed 
23to the circuit court.
24  (1) The Board shall consist of 7 members appointed by 
25 the Governor, with the advice and consent of the Senate, 
26 with 3 members residing within the First Judicial District 
 
 
SB2889- 56 -LRB102 17768 RLC 24011 b


1 and one member residing within each of the 4 remaining 
2 Judicial Districts. No more than 4 members shall be 
3 members of the same political party. The Governor shall 
4 designate one member as the chairperson. The Board shall 
5 consist of: 
6   (A) one member with at least 5 years of service as 
7 a federal or State judge;
8   (B) two members with at least 5 years of 
9 experience serving as an attorney with the United 
10 States Department of Justice, or as a State's Attorney 
11 or Assistant State's Attorney;
12   (C) three members with at least 5 years of 
13 experience as a federal, State, or local law 
14 enforcement agent or as an employee with investigative 
15 experience or duties related to criminal justice under 
16 the United States Department of Justice, Drug 
17 Enforcement Administration, Department of Homeland 
18 Security, Federal Bureau of Investigation, or a State 
19 or local law enforcement agency; and
20   (D) one member with at least 5 years of experience 
21 as a licensed physician or clinical psychologist with 
22 expertise in the diagnosis and treatment of mental 
23 illness.
24  (2) The terms of the members initially appointed after

25 the effective date of this amendatory Act of the 102nd 
26 General Assembly shall be as follows: one of
the initial 
 
 
SB2889- 57 -LRB102 17768 RLC 24011 b


1 members shall be appointed for a term of one year, 3 shall 
2 be
appointed for terms of 2 years, and 3 shall be appointed 
3 for terms of 4 years. Thereafter, members shall hold 
4 office for 4 years, with terms expiring on the second 
5 Monday in January immediately following the expiration of 
6 their terms and every 4 years thereafter. Members may be 
7 reappointed. Vacancies in the office of member shall be 
8 filled in the same manner as the original appointment, for 
9 the remainder of the unexpired term. The Governor may 
10 remove a member for incompetence, neglect of duty, 
11 malfeasance, or inability to serve. Members shall receive 
12 compensation in an amount equal to the compensation of 
13 members of the Executive Ethics Commission and may be 
14 reimbursed, from funds appropriated for such a purpose, 
15 for reasonable expenses actually incurred in the 
16 performance of their Board duties. The Illinois State 
17 Police shall designate an employee to serve as Executive 
18 Director of the Board and provide logistical and 
19 administrative assistance to the Board. 
20  (3) The Board shall meet at least quarterly each year 
21 and at the call of the chairperson as often as necessary to 
22 consider appeals of decisions made with respect to 
23 applications for a Firearm Owner's Identification Card 
24 under this Act. If necessary to ensure the participation 
25 of a member, the Board shall allow a member to participate 
26 in a Board meeting by electronic communication. Any member 
 
 
SB2889- 58 -LRB102 17768 RLC 24011 b


1 participating electronically shall be deemed present for 
2 purposes of establishing a quorum and voting.
3  (4) The Board shall adopt rules for the review of 
4 appeals and the conduct of hearings. The Board shall 
5 maintain a record of its decisions and all materials 
6 considered in making its decisions. All Board decisions 
7 and voting records shall be kept confidential and all 
8 materials considered by the Board shall be exempt from 
9 inspection except upon order of a court.
10  (5) In considering an appeal, the Board shall review 
11 the materials received concerning the denial, suspension, 
12 or revocation by the Illinois State Police. By a vote of at 
13 least 4 members, the Board may request additional 
14 information from the Illinois State Police or the 
15 applicant or the testimony of the Illinois State Police or 
16 the applicant. The Board may require that the applicant 
17 submit electronic fingerprints to the Illinois State 
18 Police for an updated background check if the Board 
19 determines it lacks sufficient information to determine 
20 eligibility. The Board may consider information submitted 
21 by the Illinois State Police, a law enforcement agency, or 
22 the applicant. The Board shall review each denial, 
23 suspension, or revocation and determine by a majority of 
24 members whether an applicant is eligible for a Firearm 
25 Owner's Identification Card.
26  (6) The Board shall issue a decision within 45 
 
 
SB2889- 59 -LRB102 17768 RLC 24011 b


1 business days of receiving all completed appeal documents 
2 from the Illinois State Police and the applicant. However, 
3 the Board need not issue a decision within 45 business 
4 days if:
5   (A) the Board requests information from the 
6 applicant, including, but not limited to, electronic 
7 fingerprints to be submitted to the Illinois State 
8 Police, in accordance with paragraph (5) of this 
9 subsection, in which case the Board shall make a 
10 decision within 30 days of receipt of the required 
11 information from the applicant;
12   (B) the applicant agrees, in writing, to allow the 
13 Board additional time to consider an appeal; or
14   (C) the Board notifies the applicant and the 
15 Illinois State Police that the Board needs an 
16 additional 30 days to issue a decision.
17  (7) If the Board determines by a preponderance of the 
18 evidence that the applicant fails to meet the eligibility 
19 requirements or is a prohibited person under State or 
20 federal law, poses a danger to himself or herself or 
21 others, or is a threat to public safety, then the Board 
22 shall affirm the denial, suspension, or revocation and 
23 shall notify the applicant and the Illinois State Police 
24 that the applicant is ineligible for a Firearm Owner's 
25 Identification Card. If the Board does not determine by a 
26 preponderance of the evidence that the applicant fails to 
 
 
SB2889- 60 -LRB102 17768 RLC 24011 b


1 meet the eligibility requirements or is a prohibited 
2 person under State or federal law, poses a danger to 
3 himself or herself or others, or is a threat to public 
4 safety, then the Board shall notify the applicant and the 
5 Illinois State Police that the applicant is eligible for a 
6 Firearm Owner's Identification Card.
7  (8) Meetings of the Board shall not be subject to the 
8 Open Meetings Act and records of the Board shall not be 
9 subject to the Freedom of Information Act.
10  (9) The Board shall report monthly to the Governor and 
11 the General Assembly on the number of appeals received and 
12 provide details of the circumstances in which the Board 
13 has determined to deny Firearm Owner's Identification 
14 Cards under this subsection (a-5). The report shall not 
15 contain any identifying information about the applicants. 
16 (b) At least 30 days before any hearing in the circuit 
17court, the
petitioner shall serve the
relevant State's 
18Attorney with a copy of the petition. The State's Attorney
may 
19object to the petition and present evidence. At the hearing, 
20the court
shall
determine whether substantial justice has been 
21done. Should the court
determine that substantial justice has 
22not been done, the court shall issue an
order directing the 
23Illinois Department of State Police to issue a Card. However, 
24the court shall not issue the order if the petitioner is 
25otherwise prohibited from obtaining, possessing, or using a 
26firearm under
federal law. 

 
 
SB2889- 61 -LRB102 17768 RLC 24011 b


1 (c) Any person prohibited from possessing a firearm under 
2Sections 24-1.1
or 24-3.1 of the Criminal Code of 2012 or 
3acquiring a Firearm Owner's
Identification Card under Section 
48 of this Act may apply to
the Firearm Owner's Identification 
5Card Review Board Director
of State Police
or petition the 
6circuit court in the county where the petitioner resides,

7whichever is applicable in accordance with subsection (a) of 
8this Section,
requesting relief
from such prohibition and the 
9Board Director or court may grant such relief if it
is

10established by the applicant to the court's or the Board's 
11Director's satisfaction
that:

12  (0.05) when in the circuit court, the State's Attorney 
13 has been served
with a written
copy of the
petition at 
14 least 30 days before any such hearing in the circuit court 
15 and at
the hearing the
State's Attorney was afforded an 
16 opportunity to present evidence and object to
the 
17 petition;

18  (1) the applicant has not been convicted of a forcible 
19 felony under the
laws of this State or any other 
20 jurisdiction within 20 years of the
applicant's 
21 application for a Firearm Owner's Identification Card, or 
22 at
least 20 years have passed since the end of any period 
23 of imprisonment
imposed in relation to that conviction;

24  (2) the circumstances regarding a criminal conviction, 
25 where applicable,
the applicant's criminal history and his 
26 reputation are such that the applicant
will not be likely 
 
 
SB2889- 62 -LRB102 17768 RLC 24011 b


1 to act in a manner dangerous to public safety;

2  (3) granting relief would not be contrary to the 
3 public interest; and
4  (4) granting relief would not be contrary to federal 
5 law.

6 (c-5) (1) An active law enforcement officer employed by a 
7unit of government, who is denied, revoked, or has his or her 
8Firearm Owner's Identification Card seized under subsection 
9(e) of Section 8 of this Act may apply to the Firearm Owner's 
10Identification Card Review Board Director of State Police 
11requesting relief if the officer did not act in a manner 
12threatening to the officer, another person, or the public as 
13determined by the treating clinical psychologist or physician, 
14and as a result of his or her work is referred by the employer 
15for or voluntarily seeks mental health evaluation or treatment 
16by a licensed clinical psychologist, psychiatrist, or 
17qualified examiner, and:
18  (A) the officer has not received treatment 
19 involuntarily at a mental health facility, regardless of 
20 the length of admission; or has not been voluntarily 
21 admitted to a mental health facility for more than 30 days 
22 and not for more than one incident within the past 5 years; 
23 and
24  (B) the officer has not left the mental institution 
25 against medical advice.
26 (2) The Firearm Owner's Identification Card Review Board 
 
 
SB2889- 63 -LRB102 17768 RLC 24011 b


1Director of State Police shall grant expedited relief to 
2active law enforcement officers described in paragraph (1) of 
3this subsection (c-5) upon a determination by the Board 
4Director that the officer's possession of a firearm does not 
5present a threat to themselves, others, or public safety. The 
6Board Director shall act on the request for relief within 30 
7business days of receipt of:
8  (A) a notarized statement from the officer in the form 
9 prescribed by the Board Director detailing the 
10 circumstances that led to the hospitalization;
11  (B) all documentation regarding the admission, 
12 evaluation, treatment and discharge from the treating 
13 licensed clinical psychologist or psychiatrist of the 
14 officer;
15  (C) a psychological fitness for duty evaluation of the 
16 person completed after the time of discharge; and
17  (D) written confirmation in the form prescribed by the 
18 Board Director from the treating licensed clinical 
19 psychologist or psychiatrist that the provisions set forth 
20 in paragraph (1) of this subsection (c-5) have been met, 
21 the person successfully completed treatment, and their 
22 professional opinion regarding the person's ability to 
23 possess firearms.
24 (3) Officers eligible for the expedited relief in 
25paragraph (2) of this subsection (c-5) have the burden of 
26proof on eligibility and must provide all information 
 
 
SB2889- 64 -LRB102 17768 RLC 24011 b


1required. The Board Director may not consider granting 
2expedited relief until the proof and information is received.
3 (4) "Clinical psychologist", "psychiatrist", and 
4"qualified examiner" shall have the same meaning as provided 
5in Chapter I of the Mental Health and Developmental 
6Disabilities Code. 
7 (c-10) (1) An applicant, who is denied, revoked, or has 
8his or her Firearm Owner's Identification Card seized under 
9subsection (e) of Section 8 of this Act based upon a 
10determination of a developmental disability or an intellectual 
11disability may apply to the Firearm Owner's Identification 
12Card Review Board Director of State Police requesting relief.
13 (2) The Board Director shall act on the request for relief 
14within 60 business days of receipt of written certification, 
15in the form prescribed by the Board Director, from a physician 
16or clinical psychologist, or qualified examiner, that the 
17aggrieved party's developmental disability or intellectual 
18disability condition is determined by a physician, clinical 
19psychologist, or qualified to be mild. If a fact-finding 
20conference is scheduled to obtain additional information 
21concerning the circumstances of the denial or revocation, the 
2260 business days the Director has to act shall be tolled until 
23the completion of the fact-finding conference.
24 (3) The Board Director may grant relief if the aggrieved 
25party's developmental disability or intellectual disability is 
26mild as determined by a physician, clinical psychologist, or 
 
 
SB2889- 65 -LRB102 17768 RLC 24011 b


1qualified examiner and it is established by the applicant to 
2the Board's Director's satisfaction that:
3  (A) granting relief would not be contrary to the 
4 public interest; and
5  (B) granting relief would not be contrary to federal 
6 law.
7 (4) The Board Director may not grant relief if the 
8condition is determined by a physician, clinical psychologist, 
9or qualified examiner to be moderate, severe, or profound.
10 (5) The changes made to this Section by Public Act 99-29 
11this amendatory Act of the 99th General Assembly apply to 
12requests for
relief pending on or before July 10, 2015 (the 
13effective date of Public Act 99-29) this amendatory Act, 
14except that the 60-day period for the Director to act on 
15requests pending before the effective date shall begin
on July 
1610, 2015 (the effective date of Public Act 99-29) this 
17amendatory Act. 
18 (d) When a minor is adjudicated delinquent for an offense 
19which if
committed by an adult would be a felony, the court 
20shall notify the Illinois Department
of State Police.

21 (e) The court shall review the denial of an application or 
22the revocation of
a Firearm Owner's Identification Card of a 
23person who has been adjudicated
delinquent for an offense that 
24if
committed by an adult would be a felony if an
application 
25for relief has been filed at least 10 years after the 
26adjudication
of delinquency and the court determines that the 
 
 
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1applicant should be
granted relief from disability to obtain a 
2Firearm Owner's Identification Card.
If the court grants 
3relief, the court shall notify the Illinois Department of 
4State
Police that the disability has
been removed and that the 
5applicant is eligible to obtain a Firearm Owner's

6Identification Card.

7 (f) Any person who is subject to the disabilities of 18 
8U.S.C. 922(d)(4) and 922(g)(4) of the federal Gun Control Act 
9of 1968 because of an adjudication or commitment that occurred 
10under the laws of this State or who was determined to be 
11subject to the provisions of subsections (e), (f), or (g) of 
12Section 8 of this Act may apply to the Illinois Department of 
13State Police requesting relief from that prohibition. The 
14Board Director shall grant the relief if it is established by a 
15preponderance of the evidence that the person will not be 
16likely to act in a manner dangerous to public safety and that 
17granting relief would not be contrary to the public interest. 
18In making this determination, the Board Director shall receive 
19evidence concerning (i) the circumstances regarding the 
20firearms disabilities from which relief is sought; (ii) the 
21petitioner's mental health and criminal history records, if 
22any; (iii) the petitioner's reputation, developed at a minimum 
23through character witness statements, testimony, or other 
24character evidence; and (iv) changes in the petitioner's 
25condition or circumstances since the disqualifying events 
26relevant to the relief sought. If relief is granted under this 
 
 
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1subsection or by order of a court under this Section, the 
2Director shall as soon as practicable but in no case later than 
315 business days, update, correct, modify, or remove the 
4person's record in any database that the Illinois Department 
5of State Police makes available to the National Instant 
6Criminal Background Check System and notify the United States 
7Attorney General that the basis for the record being made 
8available no longer applies. The Illinois Department of State 
9Police shall adopt rules for the administration of this 
10Section.
11(Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15; 99-78, 
12eff. 7-20-15.)





13 (430 ILCS 65/11) (from Ch. 38, par. 83-11)



14 Sec. 11. Judicial review of final administrative 
15decisions.  
16 (a) All final administrative decisions of the Firearm 
17Owner's Identification Card Review Board Department under this

18Act, except final administrative decisions of the Firearm 
19Owner's Identification Card Review Board Director of State 
20Police to deny a person's application for relief under 
21subsection (f) of Section 10 of this Act, shall be subject to 
22judicial review under the provisions of the Administrative

23Review Law, and all amendments and
modifications thereof, and 
24the rules adopted pursuant thereto. The term
"administrative 
25decision" is defined as in Section 3-101 of the Code of
Civil 
 
 
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1Procedure.

2 (b) Any final administrative decision by the Firearm 
3Owner's Identification Card Review Board Director of State 
4Police to deny a person's application for relief under 
5subsection (f) of Section 10 of this Act is subject to de novo 
6judicial review by the circuit court, and any party may offer 
7evidence that is otherwise proper and admissible without 
8regard to whether that evidence is part of the administrative 
9record. 
10 (c) The Firearm Owner's Identification Card Review Board 
11Director of State Police shall submit a report to the General

12Assembly on March 1 of each year, beginning March 1, 1991, 
13listing all
final decisions by a court of this State 
14upholding, reversing, or
reversing in part any administrative 
15decision made by the Department of State Police.

16(Source: P.A. 97-1131, eff. 1-1-13.)




17 (430 ILCS 65/13.2) (from Ch. 38, par. 83-13.2)



18 Sec. 13.2. Renewal; name, photograph, or address change; 
19replacement card. The Department of State Police shall, 60 
20days
prior to the expiration of a Firearm Owner's 
21Identification Card,
forward by first class mail to each 
22person whose card is to expire a
notification of the

23expiration of the card and instructions for renewal.
It is the 
24obligation of the holder of a Firearm Owner's Identification 
25Card
to notify the Department of State Police of any address 
 
 
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1change since the
issuance of
the Firearm Owner's 
2Identification Card. The Illinois State Police may update the 
3applicant and card holders address based upon records in the 
4Secretary of State Driver's License or Illinois Identification 
5Card records of applicants who do not have driver's licenses. 
6Whenever any person moves from the residence address named on 
7his or her card, the person shall within 21 calendar days 
8thereafter notify in a form and manner prescribed by the 
9Department of his or her old and new residence addresses and 
10the card number held by him or her. Any person whose legal name 
11has changed from the name on the card that he or she has been 
12previously issued must apply for a corrected card within 30 
13calendar days after the change. The cost for an updated or a 
14corrected card shall be $5. The cost for replacement of a card 
15which has been lost, destroyed, or stolen shall be $5 if the 
16loss, destruction, or theft of the card is reported to the 
17Department of State Police. The fees collected under this 
18Section shall be deposited into the State Police Firearm 
19Services Fund. 

20(Source: P.A. 100-906, eff. 1-1-19.)


21 (430 ILCS 65/13.4 new)
22 Sec. 13.4. Illinois State Police; rule making authority. 
23The Illinois State Police shall by rule adopt the following 
24procedures:
25 (1) When a person who possesses a valid Firearm Owner's 
 
 
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1Identification Card applies for and is approved for a 
2concealed carry license, the valid Firearm Owner's 
3Identification Card is renewed for 10 years from the time of 
4approval instead of 10 years from the date of the original 
5card.
6 (2) If a person is eligible for both a Firearm Owner's 
7Identification Card and a concealed carry license, the 
8Illinois State Police shall by rule create one card that may be 
9used as both a Firearm Owner's Identification Card and a 
10concealed carry license. A combined Firearm Owner's 
11Identification Card and concealed carry license shall be 
12considered a valid card for the purposes of this Act. The 
13Illinois State Police shall adopt rules to implement this 
14Section.
15 (3) The Illinois State Police may waive the Firearm 
16Owner's Identification Card application fee for the purposes 
17of paragraphs (1) and (2).

18 Section 25. The Firearm Concealed Carry Act is amended by 
19changing Sections 20, 30 and 70 and by adding Sections 10.5 and 
2010.6 as follows:

21 (430 ILCS 66/10.5 new)
22 Sec. 10.5. Electronic concealed carry licenses. The 
23Illinois State Police may develop a system under which the 
24holder of a concealed carry license may display an electronic 
 
 
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1version of his or her license on a mobile telephone or other 
2portable electronic device. An electronic version of a 
3concealed carry license shall contain security features the 
4Illinois State Police determines to be necessary to ensure 
5that the electronic version is accurate and current and shall 
6satisfy other requirements the Illinois State Police 
7determines to be necessary regarding form and content. The 
8display or possession of an electronic version of a valid 
9concealed carry license in accordance with the requirements of 
10the Illinois State Police satisfies all requirements for the 
11display or possession of a valid concealed carry license under 
12the laws of this State. The possession or display of an 
13electronic concealed carry license on a mobile telephone or 
14other portable electronic device does not constitute consent 
15for a law enforcement officer, court, or other officer of the 
16court to access other contents of the mobile telephone or 
17other portable electronic device. The Illinois State Police 
18may adopt rules to implement this Section.

19 (430 ILCS 66/10.6 new)
20 Sec. 10.6. Email notifications. A person subject to this 
21Act
may notify the Illinois State Police upon application or 
22at any time
thereafter that he or she would like to receive 
23correspondence
from the Illinois State Police via email rather 
24than by mail.

 
 
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1 (430 ILCS 66/20)

2 Sec. 20. Concealed Carry Licensing Review Board. 
3 (a) There is hereby created within the Department of State 
4Police a Concealed Carry Licensing Review Board to consider 
5any objection to an applicant's eligibility to obtain a 
6license under this Act submitted by a law enforcement agency 
7or the Department under Section 15 of this Act. The Board shall 
8consist of 7 commissioners to be appointed by the Governor, 
9with the advice and consent of the Senate, with 3 
10commissioners residing within the First Judicial District and 
11one commissioner residing within each of the 4 remaining 
12Judicial Districts. No more than 4 commissioners shall be 
13members of the same political party. The Governor shall 
14designate one commissioner as the Chairperson. The Board shall 
15consist of:
16  (1) one commissioner with at least 5 years of service 
17 as a federal judge;
18  (2) 2 commissioners with at least 5 years of 
19 experience serving as an attorney with the United States 
20 Department of Justice;
21  (3) 3 commissioners with at least 5 years of 
22 experience as a federal agent or employee with 
23 investigative experience or duties related to criminal 
24 justice under the United States Department of Justice, 
25 Drug Enforcement Administration, Department of Homeland 
26 Security, or Federal Bureau of Investigation; and
 
 
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1  (4) one member with at least 5 years of experience as a 
2 licensed physician or clinical psychologist with expertise 
3 in the diagnosis and treatment of mental illness.
4 (b) The initial terms of the commissioners shall end on 
5January 12, 2015. Notwithstanding any provision in this 
6Section to the contrary, the term
of office of each 
7commissioner of the Concealed Carry Licensing Review Board is 
8abolished on
the effective date of this amendatory Act of the 
9102nd General Assembly. The terms of the commissioners 
10appointed on or after
the effective date of this amendatory 
11Act of the 102nd General Assembly shall be as follows: one of

12the initial members shall be appointed for a term of one year, 
133 shall be
appointed for terms of 2 years, and 3 shall be 
14appointed for terms of 4 years. Thereafter, the commissioners 
15shall hold office for 4 years, with terms expiring on the 
16second Monday in January of the fourth year. Commissioners may 
17be reappointed. Vacancies in the office of commissioner shall 
18be filled in the same manner as the original appointment, for 
19the remainder of the unexpired term. The Governor may remove a 
20commissioner for incompetence, neglect of duty, malfeasance, 
21or inability to serve. Commissioners shall receive 
22compensation in an amount equal to the compensation of members 
23of the Executive Ethics Commission and may be reimbursed for 
24reasonable expenses actually incurred in the performance of 
25their Board duties, from funds appropriated for that purpose.
26 (c) The Board shall meet at the call of the chairperson as 
 
 
SB2889- 74 -LRB102 17768 RLC 24011 b


1often as necessary to consider objections to applications for 
2a license under this Act. If necessary to ensure the 
3participation of a commissioner, the Board shall allow a 
4commissioner to participate in a Board meeting by electronic 
5communication. Any commissioner participating electronically 
6shall be deemed present for purposes of establishing a quorum 
7and voting.
8 (d) The Board shall adopt rules for the review of 
9objections and the conduct of hearings. The Board shall 
10maintain a record of its decisions and all materials 
11considered in making its decisions. All Board decisions and 
12voting records shall be kept confidential and all materials 
13considered by the Board shall be exempt from inspection except 
14upon order of a court.
15 (e) In considering an objection of a law enforcement 
16agency or the Department, the Board shall review the materials 
17received with the objection from the law enforcement agency or 
18the Department. By a vote of at least 4 commissioners, the 
19Board may request additional information from the law 
20enforcement agency, Department, or the applicant, or the 
21testimony of the law enforcement agency, Department, or the 
22applicant. The Board may require that the applicant submit 
23electronic fingerprints to the Department for an updated 
24background check where the Board determines it lacks 
25sufficient information to determine eligibility. The Board may 
26only consider information submitted by the Department, a law 
 
 
SB2889- 75 -LRB102 17768 RLC 24011 b


1enforcement agency, or the applicant. The Board shall review 
2each objection and determine by a majority of commissioners 
3whether an applicant is eligible for a license.
4 (f) The Board shall issue a decision within 30 days of 
5receipt of the objection from the Department. However, the 
6Board need not issue a decision within 30 days if:
7  (1) the Board requests information from the applicant, 
8 including but not limited to electronic fingerprints to be 
9 submitted to the Department, in accordance with subsection 
10 (e) of this Section, in which case the Board shall make a 
11 decision within 30 days of receipt of the required 
12 information from the applicant;
13  (2) the applicant agrees, in writing, to allow the 
14 Board additional time to consider an objection; or
15  (3) the Board notifies the applicant and the 
16 Department that the Board needs an additional 30 days to 
17 issue a decision.
18 (g) If the Board determines by a preponderance of the 
19evidence that the applicant poses a danger to himself or 
20herself or others, or is a threat to public safety, then the 
21Board shall affirm the objection of the law enforcement agency 
22or the Department and shall notify the Department that the 
23applicant is ineligible for a license. If the Board does not 
24determine by a preponderance of the evidence that the 
25applicant poses a danger to himself or herself or others, or is 
26a threat to public safety, then the Board shall notify the 
 
 
SB2889- 76 -LRB102 17768 RLC 24011 b


1Department that the applicant is eligible for a license.
2 (h) Meetings of the Board shall not be subject to the Open 
3Meetings Act and records of the Board shall not be subject to 
4the Freedom of Information Act.
5 (i) The Board shall report monthly to the Governor and the 
6General Assembly on the number of objections received and 
7provide details of the circumstances in which the Board has 
8determined to deny licensure based on law enforcement or 
9Department objections under Section 15 of this Act. The report 
10shall not contain any identifying information about the 
11applicants.

12(Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13.)

13 (430 ILCS 66/30)

14 Sec. 30. Contents of license application. 
15 (a) The license application shall be in writing, under 
16penalty of perjury, on a standard form adopted by the 
17Department and shall be accompanied by the documentation 
18required in this Section and the applicable fee. Each 
19application form shall include the following statement printed 
20in bold type: "Warning: Entering false information on this 
21form is punishable as perjury under Section 32-2 of the 
22Criminal Code of 2012."
23 (b) The application shall contain the following:
24  (1) the applicant's name, current address, date and 
25 year of birth, place of birth, height, weight, hair color, 
 
 
SB2889- 77 -LRB102 17768 RLC 24011 b


1 eye color, maiden name or any other name the applicant has 
2 used or identified with, and any address where the 
3 applicant resided for more than 30 days within the 10 
4 years preceding the date of the license application;
5  (2) the applicant's valid driver's license number or 
6 valid state identification card number;
7  (3) a waiver of the applicant's privacy and 
8 confidentiality rights and privileges under all federal 
9 and state laws, including those limiting access to 
10 juvenile court, criminal justice, psychological, or 
11 psychiatric records or records relating to any 
12 institutionalization of the applicant, and an affirmative 
13 request that a person having custody of any of these 
14 records provide it or information concerning it to the 
15 Department. The waiver only applies to records sought in 
16 connection with determining whether the applicant 
17 qualifies for a license to carry a concealed firearm under 
18 this Act, or whether the applicant remains in compliance 
19 with the Firearm Owners Identification Card Act;
20  (4) an affirmation that the applicant possesses a 
21 currently valid Firearm Owner's Identification Card and 
22 card number if possessed or notice the applicant is 
23 applying for a Firearm Owner's Identification Card in 
24 conjunction with the license application;
25  (5) an affirmation that the applicant has not been 
26 convicted or found guilty of:
 
 
SB2889- 78 -LRB102 17768 RLC 24011 b


1   (A) a felony;
2   (B) a misdemeanor involving the use or threat of 
3 physical force or violence to any person within the 5 
4 years preceding the date of the application; or
5   (C) 2 or more violations related to driving while 
6 under the influence of alcohol, other drug or drugs, 
7 intoxicating compound or compounds, or any combination 
8 thereof, within the 5 years preceding the date of the 
9 license application; and
10  (6) whether the applicant has failed a drug test for a 
11 drug for which the applicant did not have a prescription, 
12 within the previous year, and if so, the provider of the 
13 test, the specific substance involved, and the date of the 
14 test;
15  (7) written consent for the Department to review and 
16 use the applicant's Illinois digital driver's license or 
17 Illinois identification card photograph and signature;
18  (8) unless submitted under subsection (a-25) of 
19 Section 4 of the Firearm Owner's Identification Card Act, 
20 a full set of fingerprints submitted to the Department in 
21 electronic format, provided the Department may accept an 
22 application submitted without a set of fingerprints in 
23 which case the Department shall be granted 30 days in 
24 addition to the 90 days provided under subsection (e) of 
25 Section 10 of this Act to issue or deny a license;
26  (9) a head and shoulder color photograph in a size 
 
 
SB2889- 79 -LRB102 17768 RLC 24011 b


1 specified by the Department taken within the 30 days 
2 preceding the date of the license application; and
3  (10) a photocopy of any certificates or other evidence 
4 of compliance with the training requirements under this 
5 Act.

6(Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15.)

7 (430 ILCS 66/70)
8 Sec. 70. Violations. 
9 (a) A license issued or renewed under this Act shall be 
10revoked if, at any time, the licensee is found to be ineligible 
11for a license under this Act or the licensee no longer meets 
12the eligibility requirements of the Firearm Owners 
13Identification Card Act.
14 (b) A license shall be suspended if an order of 
15protection, including an emergency order of protection, 
16plenary order of protection, or interim order of protection 
17under Article 112A of the Code of Criminal Procedure of 1963 or 
18under the Illinois Domestic Violence Act of 1986, or if a 
19firearms restraining order, including an emergency firearms 
20restraining order, under the Firearms Restraining Order Act, 
21is issued against a licensee for the duration of the order, or 
22if the Department is made aware of a similar order issued 
23against the licensee in any other jurisdiction. If an order of 
24protection is issued against a licensee, the licensee shall 
25surrender the license, as applicable, to the court at the time 
 
 
SB2889- 80 -LRB102 17768 RLC 24011 b


1the order is entered or to the law enforcement agency or entity 
2serving process at the time the licensee is served the order. 
3The court, law enforcement agency, or entity responsible for 
4serving the order of protection shall notify the Department 
5within 7 days and transmit the license to the Department.
6 (c) A license is invalid upon expiration of the license, 
7unless the licensee has submitted an application to renew the 
8license, and the applicant is otherwise eligible to possess a 
9license under this Act.
10 (d) A licensee shall not carry a concealed firearm while 
11under the influence of alcohol, other drug or drugs, 
12intoxicating compound or combination of compounds, or any 
13combination thereof, under the standards set forth in 
14subsection (a) of Section 11-501 of the Illinois Vehicle Code.
15 A licensee in violation of this subsection (d) shall be 
16guilty of a Class A misdemeanor for a first or second violation 
17and a Class 4 felony for a third violation. The Department may 
18suspend a license for up to 6 months for a second violation and 
19shall permanently revoke a license for a third violation.
20 (e) Except as otherwise provided, a licensee in violation 
21of this Act shall be guilty of a Class B misdemeanor. A second 
22or subsequent violation is a Class A misdemeanor. The 
23Department may suspend a license for up to 6 months for a 
24second violation and shall permanently revoke a license for 3 
25or more violations of Section 65 of this Act. Any person 
26convicted of a violation under this Section shall pay a $150 
 
 
SB2889- 81 -LRB102 17768 RLC 24011 b


1fee to be deposited into the Mental Health Reporting Fund, 
2plus any applicable court costs or fees.
3 (f) A licensee convicted or found guilty of a violation of 
4this Act who has a valid license and is otherwise eligible to 
5carry a concealed firearm shall only be subject to the 
6penalties under this Section and shall not be subject to the 
7penalties under Section 21-6, paragraph (4), (8), or (10) of 
8subsection (a) of Section 24-1, or subparagraph (A-5) or (B-5) 
9of paragraph (3) of subsection (a) of Section 24-1.6 of the 
10Criminal Code of 2012. Except as otherwise provided in this 
11subsection, nothing in this subsection prohibits the licensee 
12from being subjected to penalties for violations other than 
13those specified in this Act.
14 (g) A licensee whose license is revoked, suspended, or 
15denied shall, within 48 hours of receiving notice of the 
16revocation, suspension, or denial, surrender his or her 
17concealed carry license to the local law enforcement agency 
18where the person resides. The local law enforcement agency 
19shall provide the licensee a receipt and transmit the 
20concealed carry license to the Department of State Police. If 
21the licensee whose concealed carry license has been revoked, 
22suspended, or denied fails to comply with the requirements of 
23this subsection, the law enforcement agency where the person 
24resides may petition the circuit court to issue a warrant to 
25search for and seize the concealed carry license in the 
26possession and under the custody or control of the licensee 
 
 
SB2889- 82 -LRB102 17768 RLC 24011 b


1whose concealed carry license has been revoked, suspended, or 
2denied. The observation of a concealed carry license in the 
3possession of a person whose license has been revoked, 
4suspended, or denied constitutes a sufficient basis for the 
5arrest of that person for violation of this subsection. A 
6violation of this subsection is a Class A misdemeanor.
7 (h) Except as otherwise provided in subsection (h-5), a A 
8license issued or renewed under this Act shall be revoked if, 
9at any time, the licensee is found ineligible for a Firearm 
10Owner's Identification Card, or the licensee no longer 
11possesses a valid Firearm Owner's Identification Card. If the 
12Firearm Owner's Identification Card is expired or suspended 
13rather than denied or revoked, the license may be suspended 
14for a period of up to one year to allow the licensee to 
15reinstate his or her Firearm Owner's Identification Card. The 
16Illinois State Police shall adopt rules to enforce this 
17subsection. A licensee whose license is revoked under this 
18subsection (h) shall surrender his or her concealed carry 
19license as provided for in subsection (g) of this Section. 
20 This subsection shall not apply to a person who has filed 
21an application with the State Police for renewal of a Firearm

22Owner's Identification Card and who is not otherwise 
23ineligible to obtain a Firearm Owner's Identification Card.

24 (h-5) If the Firearm Owner's Identification Card of a

25licensee under this Act expires during the term of the license

26issued under this Act, the license and the Firearm Owner's

 
 
SB2889- 83 -LRB102 17768 RLC 24011 b


1Identification Card remain valid, and the Illinois State 
2Police
may automatically renew the licensee's Firearm Owner's

3Identification Card as provided in subsection (c) of Section 5

4of the Firearm Owners Identification Card Act.
5 (i) A certified firearms instructor who knowingly provides 
6or offers to provide a false certification that an applicant 
7has completed firearms training as required under this Act is 
8guilty of a Class A misdemeanor. A person guilty of a violation 
9of this subsection (i) is not eligible for court supervision. 
10The Department shall permanently revoke the firearms 
11instructor certification of a person convicted under this 
12subsection (i). 
13(Source: P.A. 100-607, eff. 1-1-19.)

14 Section 26. The Firearms Restraining Order Act is amended 
15by changing Sections 35 and 40 as follows:

16 (430 ILCS 67/35)

17 Sec. 35. Ex parte orders and emergency hearings.

18 (a) A petitioner may request an emergency firearms 
19restraining order by filing an affidavit or verified pleading 
20alleging that the respondent poses an immediate and present 
21danger of causing personal injury to himself, herself, or 
22another by having in his or her custody or control, 
23purchasing, possessing, or receiving a firearm. The petition 
24shall also describe the type and location of any firearm or 
 
 
SB2889- 84 -LRB102 17768 RLC 24011 b


1firearms presently believed by the petitioner to be possessed 
2or controlled by the respondent.

3 (b) If the respondent is alleged to pose an immediate and 
4present danger of causing personal injury to an intimate 
5partner, or an intimate partner is alleged to have been the 
6target of a threat or act of violence by the respondent, the 
7petitioner shall make a good faith effort to provide notice to 
8any and all intimate partners of the respondent. The notice 
9must include that the petitioner intends to petition the court 
10for an emergency firearms restraining order, and, if the 
11petitioner is a law enforcement officer, referral to relevant 
12domestic violence or stalking advocacy or counseling 
13resources, if appropriate. The petitioner shall attest to 
14having provided the notice in the filed affidavit or verified 
15pleading. If, after making a good faith effort, the petitioner 
16is unable to provide notice to any or all intimate partners, 
17the affidavit or verified pleading should describe what 
18efforts were made.
19 (c) Every person who files a petition for an emergency 
20firearms restraining order, knowing the information provided 
21to the court at any hearing or in the affidavit or verified 
22pleading to be false, is guilty of perjury under Section 32-2 
23of the Criminal Code of 2012.

24 (d) An emergency firearms restraining order shall be 
25issued on an ex parte basis, that is, without notice to the 
26respondent.

 
 
SB2889- 85 -LRB102 17768 RLC 24011 b


1 (e) An emergency hearing held on an ex parte basis shall be 
2held the same day that the petition is filed or the next day 
3that the court is in session.

4 (f) If a circuit or associate judge finds probable cause 
5to believe that the respondent poses an immediate and present 
6danger of causing personal injury to himself, herself, or 
7another by having in his or her custody or control, 
8purchasing, possessing, or receiving a firearm, the circuit or 
9associate judge shall issue an emergency order.

10 (f-5) If the court issues an emergency firearms 
11restraining order, it shall, upon a finding of probable cause 
12that the respondent possesses firearms, issue a search warrant 
13directing a law enforcement agency to seize the respondent's 
14firearms. The court may, as part of that warrant, direct the 
15law enforcement agency to search the respondent's residence 
16and other places where the court finds there is probable cause 
17to believe he or she is likely to possess the firearms.
18 (g) An emergency firearms restraining order shall require:

19  (1) the respondent to refrain from having in his or 
20 her custody or control, purchasing, possessing, or 
21 receiving additional firearms for the duration of the 
22 order pursuant to Section 8.2 of the Firearm Owners 
23 Identification Card Act;
and
24  (2) the respondent to comply with Section 9.5 of the 
25 Firearm Owners Identification Card Act turn over to the 
26 local law enforcement agency any Firearm Owner's 
 
 
SB2889- 86 -LRB102 17768 RLC 24011 b


1 Identification Card and subsection (g) of Section 70 of 
2 the Firearm Concealed Carry Act concealed carry license in 
3 his or her possession. The local law enforcement agency 
4 shall immediately mail the card and concealed carry 
5 license to the Department of State Police Firearm Services 
6 Bureau for safekeeping. The firearm or firearms and 
7 Firearm Owner's Identification Card and concealed carry 
8 license, if unexpired, shall be returned to the respondent 
9 after the firearms restraining order is terminated or 
10 expired.
11 (h) Except as otherwise provided in subsection (h-5) of 
12this Section, upon expiration of the period of safekeeping, if 
13the firearms or Firearm Owner's Identification Card and 
14concealed carry license cannot be returned to the respondent 
15because the respondent cannot be located, fails to respond to 
16requests to retrieve the firearms, or is not lawfully eligible 
17to possess a firearm, upon petition from the local law 
18enforcement agency, the court may order the local law 
19enforcement agency to destroy the firearms, use the firearms 
20for training purposes, or use the firearms for any other 
21application as deemed appropriate by the local law enforcement 
22agency.

23 (h-5) A respondent whose Firearm Owner's Identification 
24Card has been revoked or suspended may petition the court, if 
25the petitioner is present in court or has notice of the 
26respondent's petition, to transfer the respondent's firearm to 
 
 
SB2889- 87 -LRB102 17768 RLC 24011 b


1a person who is lawfully able to possess the firearm if the 
2person does not reside at the same address as the respondent. 
3Notice of the petition shall be served upon the person 
4protected by the emergency firearms restraining order. While 
5the order is in effect, the transferee who receives the 
6respondent's firearms must swear or affirm by affidavit that 
7he or she shall not transfer the firearm to the respondent or 
8to anyone residing in the same residence as the respondent.
9 (h-6) If a person other than the respondent claims title 
10to any firearms surrendered under this Section, he or she may 
11petition the court, if the petitioner is present in court or 
12has notice of the petition, to have the firearm returned to him 
13or her. If the court determines that person to be the lawful 
14owner of the firearm, the firearm shall be returned to him or 
15her, provided that:
16  (1) the firearm is removed from the respondent's 
17 custody, control, or possession and the lawful owner 
18 agrees to store the firearm in a manner such that the 
19 respondent does not have access to or control of the 
20 firearm; and
21  (2) the firearm is not otherwise unlawfully possessed 
22 by the owner.
23 The person petitioning for the return of his or her 
24firearm must swear or affirm by affidavit that he or she: (i) 
25is the lawful owner of the firearm; (ii) shall not transfer the 
26firearm to the respondent; and (iii) will store the firearm in 
 
 
SB2889- 88 -LRB102 17768 RLC 24011 b


1a manner that the respondent does not have access to or control 
2of the firearm. 
3 (i) In accordance with subsection (e) of this Section, the 
4court shall schedule a full hearing as soon as possible, but no 
5longer than 14 days from the issuance of an ex parte firearms 
6restraining order, to determine if a 6-month firearms 
7restraining order shall be issued. The court may extend an ex 
8parte order as needed, but not to exceed 14 days, to effectuate 
9service of the order or if necessary to continue protection. 
10The court may extend the order for a greater length of time by 
11mutual agreement of the parties.


12(Source: P.A. 100-607, eff. 1-1-19; 101-81, eff. 7-12-19.)

13 (430 ILCS 67/40)

14 Sec. 40. Six-month orders.

15 (a) A petitioner may request a 6-month firearms 
16restraining order by filing an affidavit or verified pleading 
17alleging that the respondent poses a significant danger of 
18causing personal injury to himself, herself, or another in the 
19near future by having in his or her custody or control, 
20purchasing, possessing, or receiving a firearm. The petition 
21shall also describe the number, types, and locations of any 
22firearms presently believed by the petitioner to be possessed 
23or controlled by the respondent.

24 (b) If the respondent is alleged to pose a significant 
25danger of causing personal injury to an intimate partner, or 
 
 
SB2889- 89 -LRB102 17768 RLC 24011 b


1an intimate partner is alleged to have been the target of a 
2threat or act of violence by the respondent, the petitioner 
3shall make a good faith effort to provide notice to any and all 
4intimate partners of the respondent. The notice must include 
5that the petitioner intends to petition the court for a 
66-month firearms restraining order, and, if the petitioner is 
7a law enforcement officer, referral to relevant domestic 
8violence or stalking advocacy or counseling resources, if 
9appropriate. The petitioner shall attest to having provided 
10the notice in the filed affidavit or verified pleading. If, 
11after making a good faith effort, the petitioner is unable to 
12provide notice to any or all intimate partners, the affidavit 
13or verified pleading should describe what efforts were made.
14 (c) Every person who files a petition for a 6-month 
15firearms restraining order, knowing the information provided 
16to the court at any hearing or in the affidavit or verified 
17pleading to be false, is guilty of perjury under Section 32-2 
18of the Criminal Code of 2012.

19 (d) Upon receipt of a petition for a 6-month firearms 
20restraining order, the court shall order a hearing within 30 
21days.

22 (e) In determining whether to issue a firearms restraining 
23order under this Section, the court shall consider evidence 
24including, but not limited to, the following:

25  (1) The unlawful and reckless use, display, or 
26 brandishing of a firearm by the respondent.

 
 
SB2889- 90 -LRB102 17768 RLC 24011 b


1  (2) The history of use, attempted use, or threatened 
2 use of physical force by the respondent against another 
3 person.

4  (3) Any prior arrest of the respondent for a felony 
5 offense.
6  (4) Evidence of the abuse of controlled substances or 
7 alcohol by the respondent.
8  (5) A recent threat of violence or act of violence by 
9 the respondent directed toward himself, herself, or 
10 another.
11  (6) A violation of an emergency order of protection 
12 issued under Section 217 of the Illinois Domestic Violence 
13 Act of 1986 or Section 112A-17 of the Code of Criminal 
14 Procedure of 1963 or of an order of protection issued 
15 under Section 214 of the Illinois Domestic Violence Act of 
16 1986 or Section 112A-14 of the Code of Criminal Procedure 
17 of 1963.

18  (7) A pattern of violent acts or violent threats, 
19 including, but not limited to, threats of violence or acts 
20 of violence by the respondent directed toward himself, 
21 herself, or another.
22 (f) At the hearing, the petitioner shall have the burden 
23of proving, by clear and convincing evidence, that the 
24respondent poses a significant danger of personal injury to 
25himself, herself, or another by having in his or her custody or 
26control, purchasing, possessing, or receiving a firearm.
 
 
SB2889- 91 -LRB102 17768 RLC 24011 b


1 (g) If the court finds that there is clear and convincing 
2evidence to issue a firearms restraining order, the court 
3shall issue a firearms restraining order that shall be in 
4effect for 6 months subject to renewal under Section 45 of this 
5Act or termination under that Section. 
6 (g-5) If the court issues a 6-month firearms restraining 
7order, it shall, upon a finding of probable cause that the 
8respondent possesses firearms, issue a search warrant 
9directing a law enforcement agency to seize the respondent's 
10firearms. The court may, as part of that warrant, direct the 
11law enforcement agency to search the respondent's residence 
12and other places where the court finds there is probable cause 
13to believe he or she is likely to possess the firearms.
14 (h) A 6-month firearms restraining order shall require:
15  (1) the respondent to refrain from having in his or 
16 her custody or control, purchasing, possessing, or 
17 receiving additional firearms for the duration of the 
18 order pursuant to Section 8.2 of the Firearm Owners 
19 Identification Card Act; and
20  (2) the respondent to comply with Section 9.5 of the 
21 Firearm Owners Identification Card Act and subsection (g) 
22 of Section 70 of the Firearm Concealed Carry Act turn over 
23 to the local law enforcement agency any firearm or Firearm 
24 Owner's Identification Card and concealed carry license in 
25 his or her possession. The local law enforcement agency 
26 shall immediately mail the card and concealed carry 
 
 
SB2889- 92 -LRB102 17768 RLC 24011 b


1 license to the Department of State Police Firearm Services 
2 Bureau for safekeeping. The firearm or firearms and 
3 Firearm Owner's Identification Card and concealed carry 
4 license, if unexpired, shall be returned to the respondent 
5 after the firearms restraining order is terminated or 
6 expired. 
7 (i) Except as otherwise provided in subsection (i-5) of 
8this Section, upon expiration of the period of safekeeping, if 
9the firearms or Firearm Owner's Identification Card cannot be 
10returned to the respondent because the respondent cannot be 
11located, fails to respond to requests to retrieve the 
12firearms, or is not lawfully eligible to possess a firearm, 
13upon petition from the local law enforcement agency, the court 
14may order the local law enforcement agency to destroy the 
15firearms, use the firearms for training purposes, or use the 
16firearms for any other application as deemed appropriate by 
17the local law enforcement agency.
18 (i-5) A respondent whose Firearm Owner's Identification 
19Card has been revoked or suspended may petition the court, if 
20the petitioner is present in court or has notice of the 
21respondent's petition, to transfer the respondent's firearm to 
22a person who is lawfully able to possess the firearm if the 
23person does not reside at the same address as the respondent. 
24Notice of the petition shall be served upon the person 
25protected by the emergency firearms restraining order. While 
26the order is in effect, the transferee who receives the 
 
 
SB2889- 93 -LRB102 17768 RLC 24011 b


1respondent's firearms must swear or affirm by affidavit that 
2he or she shall not transfer the firearm to the respondent or 
3to anyone residing in the same residence as the respondent.
4 (i-6) If a person other than the respondent claims title 
5to any firearms surrendered under this Section, he or she may 
6petition the court, if the petitioner is present in court or 
7has notice of the petition, to have the firearm returned to him 
8or her. If the court determines that person to be the lawful 
9owner of the firearm, the firearm shall be returned to him or 
10her, provided that:
11  (1) the firearm is removed from the respondent's 
12 custody, control, or possession and the lawful owner 
13 agrees to store the firearm in a manner such that the 
14 respondent does not have access to or control of the 
15 firearm; and
16  (2) the firearm is not otherwise unlawfully possessed 
17 by the owner.
18 The person petitioning for the return of his or her 
19firearm must swear or affirm by affidavit that he or she: (i) 
20is the lawful owner of the firearm; (ii) shall not transfer the 
21firearm to the respondent; and (iii) will store the firearm in 
22a manner that the respondent does not have access to or control 
23of the firearm. 
24 (j) If the court does not issue a firearms restraining 
25order at the hearing, the court shall dissolve any emergency 
26firearms restraining order then in effect.
 
 
SB2889- 94 -LRB102 17768 RLC 24011 b


1 (k) When the court issues a firearms restraining order 
2under this Section, the court shall inform the respondent that 
3he or she is entitled to one hearing during the period of the 
4order to request a termination of the order, under Section 45 
5of this Act, and shall provide the respondent with a form to 
6request a hearing. 

7(Source: P.A. 100-607, eff. 1-1-19; 101-81, eff. 7-12-19.)

8 Section 30. The Criminal Code of 2012 is amended by 
9changing Section 24-3 as follows:



10 (720 ILCS 5/24-3) (from Ch. 38, par. 24-3)


11 Sec. 24-3. Unlawful sale or delivery of firearms. 

12 (A) A person commits the offense of unlawful sale or 
13delivery of firearms when he
or she knowingly does any of the 
14following:

15  (a) Sells or gives any firearm of a size which may be 
16 concealed upon the
person to any person under 18 years of 
17 age.

18  (b) Sells or gives any firearm to a person under 21 
19 years of age who has
been convicted of a misdemeanor other 
20 than a traffic offense or adjudged
delinquent.

21  (c) Sells or gives any firearm to any narcotic addict.

22  (d) Sells or gives any firearm to any person who has 
23 been convicted of a
felony under the laws of this or any 
24 other jurisdiction.

 
 
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1  (e) Sells or gives any firearm to any person who has 
2 been a patient in a
mental institution within the past 5 
3 years. In this subsection (e):
4   "Mental institution" means any hospital, 
5 institution, clinic, evaluation facility, mental 
6 health center, or part thereof, which is used 
7 primarily for the care or treatment of persons with 
8 mental illness. 
9   "Patient in a mental institution" means the person 
10 was admitted, either voluntarily or involuntarily, to 
11 a mental institution for mental health treatment, 
12 unless the treatment was voluntary and solely for an 
13 alcohol abuse disorder and no other secondary 
14 substance abuse disorder or mental illness.

15  (f) Sells or gives any firearms to any person who is a 
16 person with an intellectual disability.

17  (g) Delivers any firearm, incidental to a sale, 
18 without withholding delivery of the firearm
for at least 
19 72 hours after application for its purchase has been made, 
20 or
delivers a stun gun or taser, incidental to a sale,

21 without withholding delivery of the stun gun or taser for

22 at least 24 hours after application for its purchase has 
23 been made.
However,
this paragraph (g) does not apply to: 
24 (1) the sale of a firearm
to a law enforcement officer if 
25 the seller of the firearm knows that the person to whom he 
26 or she is selling the firearm is a law enforcement officer 
 
 
SB2889- 96 -LRB102 17768 RLC 24011 b


1 or the sale of a firearm to a person who desires to 
2 purchase a firearm for
use in promoting the public 
3 interest incident to his or her employment as a
bank 
4 guard, armed truck guard, or other similar employment; (2) 
5 a mail
order sale of a firearm from a federally licensed 
6 firearms dealer to a nonresident of Illinois under which 
7 the firearm
is mailed to a federally licensed firearms 
8 dealer outside the boundaries of Illinois; (3) (blank); 
9 (4) the sale of a
firearm to a dealer licensed as a federal 
10 firearms dealer under Section 923
of the federal Gun 
11 Control Act of 1968 (18 U.S.C. 923); or (5) the transfer or 
12 sale of any rifle, shotgun, or other long gun to a resident 
13 registered competitor or attendee or non-resident 
14 registered competitor or attendee by any dealer licensed 
15 as a federal firearms dealer under Section 923 of the 
16 federal Gun Control Act of 1968 at competitive shooting 
17 events held at the World Shooting Complex sanctioned by a 
18 national governing body. For purposes of transfers or 
19 sales under subparagraph (5) of this paragraph (g), the 
20 Department of Natural Resources shall give notice to the 
21 Department of State Police at least 30 calendar days prior 
22 to any competitive shooting events at the World Shooting 
23 Complex sanctioned by a national governing body. The 
24 notification shall be made on a form prescribed by the 
25 Department of State Police. The sanctioning body shall 
26 provide a list of all registered competitors and attendees 
 
 
SB2889- 97 -LRB102 17768 RLC 24011 b


1 at least 24 hours before the events to the Department of 
2 State Police. Any changes to the list of registered 
3 competitors and attendees shall be forwarded to the 
4 Department of State Police as soon as practicable. The 
5 Department of State Police must destroy the list of 
6 registered competitors and attendees no later than 30 days 
7 after the date of the event. Nothing in this paragraph (g) 
8 relieves a federally licensed firearm dealer from the 
9 requirements of conducting a NICS background check through 
10 the Illinois Point of Contact under 18 U.S.C. 922(t). For 
11 purposes of this paragraph (g), "application" means when 
12 the buyer and seller reach an agreement to purchase a 
13 firearm.
For purposes of this paragraph (g), "national 
14 governing body" means a group of persons who adopt rules 
15 and formulate policy on behalf of a national firearm 
16 sporting organization. 

17  (h) While holding any license
as a dealer,
importer, 
18 manufacturer or pawnbroker
under the federal Gun Control 
19 Act of 1968,
manufactures, sells or delivers to any 
20 unlicensed person a handgun having
a barrel, slide, frame 
21 or receiver which is a die casting of zinc alloy or
any 
22 other nonhomogeneous metal which will melt or deform at a 
23 temperature
of less than 800 degrees Fahrenheit. For 
24 purposes of this paragraph, (1)
"firearm" is defined as in 
25 the Firearm Owners Identification Card Act; and (2)

26 "handgun" is defined as a firearm designed to be held
and 
 
 
SB2889- 98 -LRB102 17768 RLC 24011 b


1 fired by the use of a single hand, and includes a 
2 combination of parts from
which such a firearm can be 
3 assembled.

4  (i) Sells or gives a firearm of any size to any person 
5 under 18 years of
age who does not possess a valid Firearm 
6 Owner's Identification Card.

7  (j) Sells or gives a firearm while engaged in the 
8 business of selling
firearms at wholesale or retail 
9 without being licensed as a federal firearms
dealer under 
10 Section 923 of the federal Gun Control Act of 1968 (18 
11 U.S.C.
923). In this paragraph (j):

12  A person "engaged in the business" means a person who 
13 devotes time,
attention, and
labor to
engaging in the 
14 activity as a regular course of trade or business with the

15 principal objective of livelihood and profit, but does not 
16 include a person who
makes occasional repairs of firearms 
17 or who occasionally fits special barrels,
stocks, or 
18 trigger mechanisms to firearms.

19  "With the principal objective of livelihood and 
20 profit" means that the
intent
underlying the sale or 
21 disposition of firearms is predominantly one of
obtaining 
22 livelihood and pecuniary gain, as opposed to other 
23 intents, such as
improving or liquidating a personal 
24 firearms collection; however, proof of
profit shall not be 
25 required as to a person who engages in the regular and

26 repetitive purchase and disposition of firearms for 
 
 
SB2889- 99 -LRB102 17768 RLC 24011 b


1 criminal purposes or
terrorism.

2  (k) Sells or transfers ownership of a firearm to a 
3 person who does not possess display to the seller or 
4 transferor of the firearm either: (1) a currently valid 
5 Firearm Owner's Identification Card that has previously 
6 been issued in the transferee's name by the Department of 
7 State Police under the provisions of the Firearm Owners 
8 Identification Card Act; or (2) a currently valid license 
9 to carry a concealed firearm that has previously been 
10 issued in the transferee's name by the
Department of State 
11 Police under the Firearm Concealed Carry Act. This 
12 paragraph (k) does not apply to the transfer of a firearm 
13 to a person who is exempt from the requirement of 
14 possessing a Firearm Owner's Identification Card under 
15 Section 2 of the Firearm Owners Identification Card Act. 
16 For the purposes of this Section, a currently valid 
17 Firearm Owner's Identification Card or license to carry a 
18 concealed firearm means receipt of (i) a Firearm Owner's 
19 Identification Card that has not expired or (ii) an 
20 approval number issued in accordance with subsection 
21 (a-10) of subsection 3 or Section 3.1 of the Firearm 
22 Owners Identification Card Act shall be proof that the 
23 Firearm Owner's Identification Card was valid.
24   (1) In addition to the other requirements of this 
25 paragraph (k), all persons who are not federally 
26 licensed firearms dealers must also have complied with 
 
 
SB2889- 100 -LRB102 17768 RLC 24011 b


1 subsection (a-10) of Section 3 of the Firearm Owners 
2 Identification Card Act by determining the validity of 
3 a purchaser's Firearm Owner's Identification Card.
4   (2) All sellers or transferors who have complied 
5 with the requirements of subparagraph (1) of this 
6 paragraph (k) shall not be liable for damages in any 
7 civil action arising from the use or misuse by the 
8 transferee of the firearm transferred, except for 
9 willful or wanton misconduct on the part of the seller 
10 or transferor. 
11  (l) Not
being entitled to the possession of a firearm, 
12 delivers the
firearm, knowing it to have been stolen or 
13 converted. It may be inferred that
a person who possesses 
14 a firearm with knowledge that its serial number has
been 
15 removed or altered has knowledge that the firearm is 
16 stolen or converted. 
17 (B) Paragraph (h) of subsection (A) does not include 
18firearms sold within 6
months after enactment of Public
Act 
1978-355 (approved August 21, 1973, effective October 1, 1973), 
20nor is any
firearm legally owned or
possessed by any citizen or 
21purchased by any citizen within 6 months after the
enactment 
22of Public Act 78-355 subject
to confiscation or seizure under 
23the provisions of that Public Act. Nothing in
Public Act 
2478-355 shall be construed to prohibit the gift or trade of
any 
25firearm if that firearm was legally held or acquired within 6 
26months after
the enactment of that Public Act.

 
 
SB2889- 101 -LRB102 17768 RLC 24011 b


1 (C) Sentence.

2  (1) Any person convicted of unlawful sale or delivery 
3 of firearms in violation of
paragraph (c), (e), (f), (g), 
4 or (h) of subsection (A) commits a Class
4
felony.

5  (2) Any person convicted of unlawful sale or delivery 
6 of firearms in violation of
paragraph (b) or (i) of 
7 subsection (A) commits a Class 3 felony.

8  (3) Any person convicted of unlawful sale or delivery 
9 of firearms in violation of
paragraph (a) of subsection 
10 (A) commits a Class 2 felony.

11  (4) Any person convicted of unlawful sale or delivery 
12 of firearms in violation of
paragraph (a), (b), or (i) of 
13 subsection (A) in any school, on the real
property 
14 comprising a school, within 1,000 feet of the real 
15 property comprising
a school, at a school related 
16 activity, or on or within 1,000 feet of any
conveyance 
17 owned, leased, or contracted by a school or school 
18 district to
transport students to or from school or a 
19 school related activity,
regardless of the time of day or 
20 time of year at which the offense
was committed, commits a 
21 Class 1 felony. Any person convicted of a second
or 
22 subsequent violation of unlawful sale or delivery of 
23 firearms in violation of paragraph
(a), (b), or (i) of 
24 subsection (A) in any school, on the real property

25 comprising a school, within 1,000 feet of the real 
26 property comprising a
school, at a school related 
 
 
SB2889- 102 -LRB102 17768 RLC 24011 b


1 activity, or on or within 1,000 feet of any
conveyance 
2 owned, leased, or contracted by a school or school 
3 district to
transport students to or from school or a 
4 school related activity,
regardless of the time of day or 
5 time of year at which the offense
was committed, commits a 
6 Class 1 felony for which the sentence shall be a
term of 
7 imprisonment of no less than 5 years and no more than 15 
8 years.

9  (5) Any person convicted of unlawful sale or delivery 
10 of firearms in violation of
paragraph (a) or (i) of 
11 subsection (A) in residential property owned,
operated, or 
12 managed by a public housing agency or leased by a public 
13 housing
agency as part of a scattered site or mixed-income 
14 development, in a public
park, in a
courthouse, on 
15 residential property owned, operated, or managed by a 
16 public
housing agency or leased by a public housing agency 
17 as part of a scattered site
or mixed-income development, 
18 on the real property comprising any public park,
on the 
19 real
property comprising any courthouse, or on any public 
20 way within 1,000 feet
of the real property comprising any 
21 public park, courthouse, or residential
property owned, 
22 operated, or managed by a public housing agency or leased 
23 by a
public housing agency as part of a scattered site or 
24 mixed-income development
commits a
Class 2 felony.

25  (6) Any person convicted of unlawful sale or delivery 
26 of firearms in violation of
paragraph (j) of subsection 
 
 
SB2889- 103 -LRB102 17768 RLC 24011 b


1 (A) commits a Class A misdemeanor. A second or
subsequent 
2 violation is a Class 4 felony.
3  (7) Any person convicted of unlawful sale or delivery 
4 of firearms in violation of paragraph (k) of subsection 
5 (A) commits a Class 4 felony, except that a violation of 
6 subparagraph (1) of paragraph (k) of subsection (A) shall 
7 not be punishable as a crime or petty offense. A third or 
8 subsequent conviction for a violation of paragraph (k) of 
9 subsection (A) is a Class 1 felony.


10  (8) A person 18 years of age or older convicted of 
11 unlawful sale or delivery of firearms in violation of 
12 paragraph (a) or (i) of subsection (A), when the firearm 
13 that was sold or given to another person under 18 years of 
14 age was used in the commission of or attempt to commit a 
15 forcible felony, shall be fined or imprisoned, or both, 
16 not to exceed the maximum provided for the most serious 
17 forcible felony so committed or attempted by the person 
18 under 18 years of age who was sold or given the firearm. 
19  (9) Any person convicted of unlawful sale or delivery 
20 of firearms in violation of
paragraph (d) of subsection 
21 (A) commits a Class 3 felony.
22  (10) Any person convicted of unlawful sale or delivery 
23 of firearms in violation of paragraph (l) of subsection 
24 (A) commits a Class 2 felony if the delivery is of one 
25 firearm. Any person convicted of unlawful sale or delivery 
26 of firearms in violation of paragraph (l) of subsection 
 
 
SB2889- 104 -LRB102 17768 RLC 24011 b


1 (A) commits a Class 1 felony if the delivery is of not less 
2 than 2 and not more than 5 firearms at the
same time or 
3 within a one year period. Any person convicted of unlawful 
4 sale or delivery of firearms in violation of paragraph (l) 
5 of subsection (A) commits a Class X felony for which he or 
6 she shall be sentenced
to a term of imprisonment of not 
7 less than 6 years and not more than 30
years if the 
8 delivery is of not less than 6 and not more than 10 
9 firearms at the
same time or within a 2 year period. Any 
10 person convicted of unlawful sale or delivery of firearms 
11 in violation of paragraph (l) of subsection (A) commits a 
12 Class X felony for which he or she shall be sentenced
to a 
13 term of imprisonment of not less than 6 years and not more 
14 than 40
years if the delivery is of not less than 11 and 
15 not more than 20 firearms at the
same time or within a 3 
16 year period. Any person convicted of unlawful sale or 
17 delivery of firearms in violation of paragraph (l) of 
18 subsection (A) commits a Class X felony for which he or she 
19 shall be sentenced
to a term of imprisonment of not less 
20 than 6 years and not more than 50
years if the delivery is 
21 of not less than 21 and not more than 30 firearms at the

22 same time or within a 4 year period. Any person convicted 
23 of unlawful sale or delivery of firearms in violation of 
24 paragraph (l) of subsection (A) commits a Class X felony 
25 for which he or she shall be sentenced
to a term of 
26 imprisonment of not less than 6 years and not more than 60

 
 
SB2889- 105 -LRB102 17768 RLC 24011 b


1 years if the delivery is of 31 or more firearms at the
same 
2 time or within a 5 year period. 
3 (D) For purposes of this Section:

4 "School" means a public or private elementary or secondary 
5school,
community college, college, or university.

6 "School related activity" means any sporting, social, 
7academic, or
other activity for which students' attendance or 
8participation is sponsored,
organized, or funded in whole or 
9in part by a school or school district.

10 (E) A prosecution for a violation of paragraph (k) of 
11subsection (A) of this Section may be commenced within 6 years 
12after the commission of the offense. A prosecution for a 
13violation of this Section other than paragraph (g) of 
14subsection (A) of this Section may be commenced within 5 years 
15after the commission of the offense defined in the particular 
16paragraph.

17(Source: P.A. 99-29, eff. 7-10-15; 99-143, eff. 7-27-15; 
1899-642, eff. 7-28-16; 100-606, eff. 1-1-19.)


19 Section 35. The Code of Criminal Procedure of 1963 is 
20amended by changing Section 112A-14 as follows:



21 (725 ILCS 5/112A-14) (from Ch. 38, par. 112A-14)


22 Sec. 112A-14. Domestic violence order of protection; 
23remedies. 

24 (a) (Blank).

 
 
SB2889- 106 -LRB102 17768 RLC 24011 b


1 (b) The court may order any of the remedies listed in this 
2subsection (b).
The remedies listed in this subsection (b) 
3shall be in addition to other civil
or criminal remedies 
4available to petitioner.

5  (1) Prohibition of abuse. Prohibit respondent's 
6 harassment,
interference with personal liberty, 
7 intimidation of a dependent, physical
abuse, or willful 
8 deprivation, as defined in this Article, if such abuse has

9 occurred or otherwise appears likely to occur if not 
10 prohibited.

11  (2) Grant of exclusive possession of residence. 
12 Prohibit respondent
from entering or remaining in any 
13 residence, household, or premises of the petitioner,

14 including one owned or leased by respondent, if petitioner 
15 has a right
to occupancy thereof. The grant of exclusive 
16 possession of the residence, household, or premises
shall 
17 not affect title to real property, nor shall the court be 
18 limited by
the standard set forth in subsection (c-2) of 
19 Section 501 of the Illinois Marriage and
Dissolution of 
20 Marriage Act.

21   (A) Right to occupancy. A party has a right to 
22 occupancy of a
residence or household if it is
solely 
23 or jointly owned or leased by that party, that party's 
24 spouse, a
person with a legal duty to support that 
25 party or a minor child in that
party's care, or by any 
26 person or entity other than the opposing party that

 
 
SB2889- 107 -LRB102 17768 RLC 24011 b


1 authorizes that party's occupancy (e.g., a domestic 
2 violence shelter).
Standards set forth in subparagraph 
3 (B) shall not preclude equitable relief.

4   (B) Presumption of hardships. If petitioner and 
5 respondent
each has the right to occupancy of a 
6 residence or household, the court
shall balance (i) 
7 the hardships to respondent and any minor child or

8 dependent adult in respondent's care resulting from 
9 entry of this remedy with (ii)
the hardships to 
10 petitioner and any minor child or dependent adult in

11 petitioner's care resulting from continued exposure to 
12 the risk of abuse (should
petitioner remain at the 
13 residence or household) or from loss of possession
of 
14 the residence or household (should petitioner leave to 
15 avoid the risk
of abuse). When determining the balance 
16 of hardships, the court shall also
take into account 
17 the accessibility of the residence or household.

18 Hardships need not be balanced if respondent does not 
19 have a right to occupancy.

20   The balance of hardships is presumed to favor 
21 possession by
petitioner unless the presumption is 
22 rebutted by a preponderance of the
evidence, showing 
23 that the hardships to respondent substantially 
24 outweigh
the hardships to petitioner and any minor 
25 child or dependent adult in petitioner's
care. The 
26 court, on the request of petitioner or on its own 
 
 
SB2889- 108 -LRB102 17768 RLC 24011 b


1 motion,
may order respondent to provide suitable, 
2 accessible, alternate housing
for petitioner instead 
3 of
excluding respondent from a mutual residence or 
4 household.

5  (3) Stay away order and additional prohibitions.
Order 
6 respondent to stay away from petitioner or any other 
7 person
protected by the domestic violence order of 
8 protection, or prohibit respondent from entering
or 
9 remaining present at petitioner's school, place of 
10 employment, or other
specified places at times when 
11 petitioner is present, or both, if
reasonable, given
the 
12 balance of hardships. Hardships need not be balanced for 
13 the court
to enter a stay away order or prohibit entry
if 
14 respondent has no right to enter the premises.

15   (A) If a domestic violence order of protection 
16 grants petitioner exclusive possession
of the 
17 residence, prohibits respondent from entering the 
18 residence,
or orders respondent to stay away from 
19 petitioner or other
protected persons, then the court 
20 may allow respondent access to the
residence to remove 
21 items of clothing and personal adornment
used 
22 exclusively by respondent, medications, and other 
23 items as the court directs.
The right to access shall 
24 be exercised on only one occasion as the court directs

25 and in the presence of an agreed-upon adult third 
26 party or law enforcement officer.

 
 
SB2889- 109 -LRB102 17768 RLC 24011 b


1   (B) When the petitioner and the respondent attend 
2 the same public, private, or non-public elementary, 
3 middle, or high school, the court when issuing a 
4 domestic violence order of protection and providing 
5 relief shall consider the severity of the act, any 
6 continuing physical danger or emotional distress to 
7 the petitioner, the educational rights guaranteed to 
8 the petitioner and respondent under federal and State 
9 law, the availability of a transfer of the respondent 
10 to another school, a change of placement or a change of 
11 program of the respondent, the expense, difficulty, 
12 and educational disruption that would be caused by a 
13 transfer of the respondent to another school, and any 
14 other relevant facts of the case. The court may order 
15 that the respondent not attend the public, private, or 
16 non-public elementary, middle, or high school attended 
17 by the petitioner, order that the respondent accept a 
18 change of placement or change of program, as 
19 determined by the school district or private or 
20 non-public school, or place restrictions on the 
21 respondent's movements within the school attended by 
22 the petitioner. The respondent bears the burden of 
23 proving by a preponderance of the evidence that a 
24 transfer, change of placement, or change of program of 
25 the respondent is not available. The respondent also 
26 bears the burden of production with respect to the 
 
 
SB2889- 110 -LRB102 17768 RLC 24011 b


1 expense, difficulty, and educational disruption that 
2 would be caused by a transfer of the respondent to 
3 another school. A transfer, change of placement, or 
4 change of program is not unavailable to the respondent 
5 solely on the ground that the respondent does not 
6 agree with the school district's or private or 
7 non-public school's transfer, change of placement, or 
8 change of program or solely on the ground that the 
9 respondent fails or refuses to consent or otherwise 
10 does not take an action required to effectuate a 
11 transfer, change of placement, or change of program. 
12 When a court orders a respondent to stay away from the 
13 public, private, or non-public school attended by the 
14 petitioner and the respondent requests a transfer to 
15 another attendance center within the respondent's 
16 school district or private or non-public school, the 
17 school district or private or non-public school shall 
18 have sole discretion to determine the attendance 
19 center to which the respondent is transferred. If the 
20 court order results in a transfer of the minor 
21 respondent to another attendance center, a change in 
22 the respondent's placement, or a change of the 
23 respondent's program, the parents, guardian, or legal 
24 custodian of the respondent is responsible for 
25 transportation and other costs associated with the 
26 transfer or change.
 
 
SB2889- 111 -LRB102 17768 RLC 24011 b


1   (C) The court may order the parents, guardian, or 
2 legal custodian of a minor respondent to take certain 
3 actions or to refrain from taking certain actions to 
4 ensure that the respondent complies with the order. If 
5 the court orders a transfer of the respondent to 
6 another school, the parents, guardian, or legal 
7 custodian of the respondent is responsible for 
8 transportation and other costs associated with the 
9 change of school by the respondent. 
10  (4) Counseling. Require or recommend the respondent to 
11 undergo
counseling for a specified duration with a social 
12 worker, psychologist,
clinical psychologist, 
13 psychiatrist, family service agency, alcohol or
substance 
14 abuse program, mental health center guidance counselor, 
15 agency
providing services to elders, program designed for 
16 domestic violence
abusers, or any other guidance service 
17 the court deems appropriate. The court may order the 
18 respondent in any intimate partner relationship to report 
19 to an Illinois Department of Human Services protocol 
20 approved partner abuse intervention program for an 
21 assessment and to follow all recommended treatment. 

22  (5) Physical care and possession of the minor child. 
23 In order to protect
the minor child from abuse, neglect, 
24 or unwarranted separation from the person
who has been the 
25 minor child's primary caretaker, or to otherwise protect 
26 the
well-being of the minor child, the court may do either 
 
 
SB2889- 112 -LRB102 17768 RLC 24011 b


1 or both of the following:
(i) grant petitioner physical 
2 care or possession of the minor child, or both, or
(ii) 
3 order respondent to return a minor child to, or not remove 
4 a minor child
from, the physical care of a parent or person 
5 in loco parentis.

6  If the respondent is charged with abuse
(as defined in 
7 Section 112A-3 of this Code) of a minor child, there shall 
8 be a
rebuttable presumption that awarding physical care to 
9 respondent would not
be in the minor child's best 
10 interest.

11  (6) Temporary allocation of parental responsibilities 
12 and significant decision-making responsibilities.
Award 
13 temporary significant decision-making responsibility to 
14 petitioner in accordance with this Section,
the Illinois 
15 Marriage
and Dissolution of Marriage Act, the Illinois 
16 Parentage Act of 2015,
and this State's Uniform 
17 Child-Custody
Jurisdiction and Enforcement Act. 

18  If the respondent
is charged with abuse (as defined in 
19 Section 112A-3 of this Code) of a
minor child, there shall 
20 be a rebuttable presumption that awarding
temporary 
21 significant decision-making responsibility to respondent 
22 would not be in the
child's best interest.

23  (7) Parenting time. Determine the parenting time, if 
24 any, of respondent in any case in which the court
awards 
25 physical care or temporary significant decision-making 
26 responsibility of a minor child to
petitioner. The court 
 
 
SB2889- 113 -LRB102 17768 RLC 24011 b


1 shall restrict or deny respondent's parenting time with
a 
2 minor child if
the court finds that respondent has done or 
3 is likely to do any of the
following:
4   (i) abuse or endanger the minor child during 
5 parenting time;
6   (ii) use the parenting time
as an opportunity to 
7 abuse or harass petitioner or
petitioner's family or 
8 household members;
9   (iii) improperly conceal or
detain the minor 
10 child; or
11   (iv) otherwise act in a manner that is not in
the 
12 best interests of the minor child. 
13  The court shall not be limited by the
standards set 
14 forth in Section 603.10 of the Illinois Marriage and

15 Dissolution of Marriage Act. If the court grants parenting 
16 time, the order
shall specify dates and times for the 
17 parenting time to take place or other
specific parameters 
18 or conditions that are appropriate. No order for parenting 
19 time
shall refer merely to the term "reasonable parenting 
20 time". Petitioner may deny respondent access to the minor 
21 child if, when
respondent arrives for parenting time, 
22 respondent is under the influence of drugs
or alcohol and 
23 constitutes a threat to the safety and well-being of

24 petitioner or petitioner's minor children or is behaving 
25 in a violent or abusive manner. If necessary to protect 
26 any member of petitioner's family or
household from future 
 
 
SB2889- 114 -LRB102 17768 RLC 24011 b


1 abuse, respondent shall be prohibited from coming to

2 petitioner's residence to meet the minor child for 
3 parenting time, and the petitioner and respondent
shall 
4 submit to the court their recommendations for reasonable

5 alternative arrangements for parenting time. A person may 
6 be approved to
supervise parenting time only after filing 
7 an affidavit accepting
that responsibility and 
8 acknowledging accountability to the court.

9  (8) Removal or concealment of minor child.
Prohibit 
10 respondent from
removing a minor child from the State or 
11 concealing the child within the
State.

12  (9) Order to appear. Order the respondent to
appear in 
13 court, alone
or with a minor child, to prevent abuse, 
14 neglect, removal or concealment of
the child, to return 
15 the child to the custody or care of the petitioner, or
to 
16 permit any court-ordered interview or examination of the 
17 child or the
respondent.

18  (10) Possession of personal property. Grant petitioner 
19 exclusive
possession of personal property and, if 
20 respondent has possession or
control, direct respondent to 
21 promptly make it available to petitioner, if:

22   (i) petitioner, but not respondent, owns the 
23 property; or

24   (ii) the petitioner and respondent own the 
25 property jointly; sharing it would risk
abuse of 
26 petitioner by respondent or is impracticable; and the 
 
 
SB2889- 115 -LRB102 17768 RLC 24011 b


1 balance of
hardships favors temporary possession by 
2 petitioner.

3  If petitioner's sole claim to ownership of the 
4 property is that it is
marital property, the court may 
5 award petitioner temporary possession
thereof under the 
6 standards of subparagraph (ii) of this paragraph only if
a 
7 proper proceeding has been filed under the Illinois 
8 Marriage and
Dissolution of Marriage Act, as now or 
9 hereafter amended.

10  No order under this provision shall affect title to 
11 property.

12  (11) Protection of property. Forbid the respondent 
13 from taking,
transferring, encumbering, concealing, 
14 damaging, or otherwise disposing of
any real or personal 
15 property, except as explicitly authorized by the
court, 
16 if:

17   (i) petitioner, but not respondent, owns the 
18 property; or

19   (ii) the petitioner and respondent own the 
20 property jointly,
and the balance of hardships favors 
21 granting this remedy.

22  If petitioner's sole claim to ownership of the 
23 property is that it is
marital property, the court may 
24 grant petitioner relief under subparagraph
(ii) of this 
25 paragraph only if a proper proceeding has been filed under 
26 the
Illinois Marriage and Dissolution of Marriage Act, as 
 
 
SB2889- 116 -LRB102 17768 RLC 24011 b


1 now or hereafter amended.

2  The court may further prohibit respondent from 
3 improperly using the
financial or other resources of an 
4 aged member of the family or household
for the profit or 
5 advantage of respondent or of any other person.

6  (11.5) Protection of animals. Grant the petitioner the 
7 exclusive care, custody, or control of any animal owned, 
8 possessed, leased, kept, or held by either the petitioner 
9 or the respondent or a minor child residing in the 
10 residence or household of either the petitioner or the 
11 respondent and order the respondent to stay away from the 
12 animal and forbid the respondent from taking, 
13 transferring, encumbering, concealing, harming, or 
14 otherwise disposing of the animal.

15  (12) Order for payment of support. Order
respondent to 
16 pay temporary
support for the petitioner or any child in 
17 the petitioner's care or over whom the petitioner has been 
18 allocated parental responsibility, when the respondent has 
19 a legal obligation to support that person,
in accordance 
20 with the Illinois Marriage and Dissolution
of Marriage 
21 Act, which shall govern, among other matters, the amount 
22 of
support, payment through the clerk and withholding of 
23 income to secure
payment. An order for child support may 
24 be granted to a petitioner with
lawful physical care of a 
25 child, or an order or agreement for
physical care of a 
26 child, prior to entry of an order allocating significant 
 
 
SB2889- 117 -LRB102 17768 RLC 24011 b


1 decision-making responsibility.
Such a support order shall 
2 expire upon entry of a valid order allocating parental 
3 responsibility differently and vacating petitioner's 
4 significant decision-making responsibility unless 
5 otherwise provided in the order.

6  (13) Order for payment of losses. Order
respondent to 
7 pay petitioner
for losses suffered as a direct result of 
8 the abuse. Such losses shall
include, but not be limited 
9 to, medical expenses, lost earnings or other
support, 
10 repair or replacement of property damaged or taken, 
11 reasonable
attorney's fees, court costs, and moving or 
12 other travel expenses, including
additional reasonable 
13 expenses for temporary shelter and restaurant meals.

14   (i) Losses affecting family needs. If a party is 
15 entitled to seek
maintenance, child support, or 
16 property distribution from the other party
under the 
17 Illinois Marriage and Dissolution of Marriage Act, as 
18 now or
hereafter amended, the court may order 
19 respondent to reimburse petitioner's
actual losses, to 
20 the extent that such reimbursement would be 
21 "appropriate
temporary relief", as authorized by 
22 subsection (a)(3) of
Section 501 of that Act.

23   (ii) Recovery of expenses. In the case of an 
24 improper concealment
or removal of a minor child, the 
25 court may order respondent to pay the reasonable

26 expenses incurred or to be incurred in the search for 
 
 
SB2889- 118 -LRB102 17768 RLC 24011 b


1 and recovery of the
minor child, including, but not 
2 limited to, legal fees, court costs, private

3 investigator fees, and travel costs.

4  (14) Prohibition of entry. Prohibit the respondent 
5 from entering or
remaining in the residence or household 
6 while the respondent is under the
influence of alcohol or 
7 drugs and constitutes a threat to the safety and

8 well-being of the petitioner or the petitioner's children.

9  (14.5) Prohibition of firearm possession. 
10   (A) A person who is subject to an existing 
11 domestic violence order of protection issued under 
12 this Code may not lawfully possess weapons or a valid 
13 Firearm Owner's Identification Card under Section 8.2 
14 of the Firearm Owners Identification Card Act.
15   (B) Any firearms in the
possession of the 
16 respondent, except as provided in subparagraph (C) of 
17 this paragraph (14.5), shall be ordered by the court 
18 to be turned
over to a person with a valid Firearm 
19 Owner's Identification Card for safekeeping. The court 
20 shall issue an order that the respondent comply with 
21 Section 9.5 of the Firearm Owners Identification Card 
22 Act. the respondent's Firearm Owner's Identification 
23 Card be turned over to the local law enforcement 
24 agency, which in turn shall immediately mail the card 
25 to the Department of State Police Firearm Owner's 
26 Identification Card Office for safekeeping.
The period 
 
 
SB2889- 119 -LRB102 17768 RLC 24011 b


1 of safekeeping shall be for the duration of the 
2 domestic violence order of protection. The firearm or 
3 firearms and Firearm Owner's Identification Card, if 
4 unexpired, shall at the respondent's request be 
5 returned to the respondent at expiration of the 
6 domestic violence order of protection.

7   (C) If the respondent is a peace officer as 
8 defined in Section 2-13 of
the
Criminal Code of 2012, 
9 the court shall order that any firearms used by the

10 respondent in the performance of his or her duties as a

11 peace officer be surrendered to
the chief law 
12 enforcement executive of the agency in which the 
13 respondent is
employed, who shall retain the firearms 
14 for safekeeping for the duration of the domestic 
15 violence order of protection.

16   (D) Upon expiration of the period of safekeeping, 
17 if the firearms or Firearm Owner's Identification Card 
18 cannot be returned to respondent because respondent 
19 cannot be located, fails to respond to requests to 
20 retrieve the firearms, or is not lawfully eligible to 
21 possess a firearm, upon petition from the local law 
22 enforcement agency, the court may order the local law 
23 enforcement agency to destroy the firearms, use the 
24 firearms for training purposes, or for any other 
25 application as deemed appropriate by the local law 
26 enforcement agency; or that the firearms be turned 
 
 
SB2889- 120 -LRB102 17768 RLC 24011 b


1 over to a third party who is lawfully eligible to 
2 possess firearms, and who does not reside with 
3 respondent. 
4  (15) Prohibition of access to records. If a domestic 
5 violence order of protection
prohibits respondent from 
6 having contact with the minor child,
or if petitioner's 
7 address is omitted under subsection (b) of
Section 112A-5 
8 of this Code, or if necessary to prevent abuse or wrongful 
9 removal or
concealment of a minor child, the order shall 
10 deny respondent access to, and
prohibit respondent from 
11 inspecting, obtaining, or attempting to
inspect or obtain, 
12 school or any other records of the minor child
who is in 
13 the care of petitioner.

14  (16) Order for payment of shelter services. Order 
15 respondent to
reimburse a shelter providing temporary 
16 housing and counseling services to
the petitioner for the 
17 cost of the services, as certified by the shelter
and 
18 deemed reasonable by the court.

19  (17) Order for injunctive relief. Enter injunctive 
20 relief necessary
or appropriate to prevent further abuse 
21 of a family or household member or
to effectuate one of the 
22 granted remedies, if supported by the balance of

23 hardships. If the harm to be prevented by the injunction 
24 is abuse or any
other harm that one of the remedies listed 
25 in paragraphs (1) through (16)
of this subsection is 
26 designed to prevent, no further evidence is necessary
to 
 
 
SB2889- 121 -LRB102 17768 RLC 24011 b


1 establish that the harm is an irreparable injury.

2  (18) Telephone services.
3   (A) Unless a condition described in subparagraph 
4 (B) of this paragraph exists, the court may, upon 
5 request by the petitioner, order a wireless telephone 
6 service provider to transfer to the petitioner the 
7 right to continue to use a telephone number or numbers 
8 indicated by the petitioner and the financial 
9 responsibility associated with the number or numbers, 
10 as set forth in subparagraph (C) of this paragraph. In 
11 this paragraph (18), the term "wireless telephone 
12 service provider" means a provider of commercial 
13 mobile service as defined in 47 U.S.C. 332. The 
14 petitioner may request the transfer of each telephone 
15 number that the petitioner, or a minor child in his or 
16 her custody, uses. The clerk of the court shall serve 
17 the order on the wireless telephone service provider's 
18 agent for service of process provided to the Illinois 
19 Commerce Commission. The order shall contain all of 
20 the following: 
21    (i) The name and billing telephone number of 
22 the account holder including the name of the 
23 wireless telephone service provider that serves 
24 the account.
25    (ii) Each telephone number that will be 
26 transferred.
 
 
SB2889- 122 -LRB102 17768 RLC 24011 b


1    (iii) A statement that the provider transfers 
2 to the petitioner all financial responsibility for 
3 and right to the use of any telephone number 
4 transferred under this paragraph.
5   (B) A wireless telephone service provider shall 
6 terminate the respondent's use of, and shall transfer 
7 to the petitioner use of, the telephone number or 
8 numbers indicated in subparagraph (A) of this 
9 paragraph unless it notifies the petitioner, within 72 
10 hours after it receives the order, that one of the 
11 following applies:
12    (i) The account holder named in the order has 
13 terminated the account.
14    (ii) A difference in network technology would 
15 prevent or impair the functionality of a device on 
16 a network if the transfer occurs.
17    (iii) The transfer would cause a geographic or 
18 other limitation on network or service provision 
19 to the petitioner.
20    (iv) Another technological or operational 
21 issue would prevent or impair the use of the 
22 telephone number if the transfer occurs.
23   (C) The petitioner assumes all financial 
24 responsibility for and right to the use of any 
25 telephone number transferred under this paragraph. In 
26 this paragraph, "financial responsibility" includes 
 
 
SB2889- 123 -LRB102 17768 RLC 24011 b


1 monthly service costs and costs associated with any 
2 mobile device associated with the number.
3   (D) A wireless telephone service provider may 
4 apply to the petitioner its routine and customary 
5 requirements for establishing an account or 
6 transferring a number, including requiring the 
7 petitioner to provide proof of identification, 
8 financial information, and customer preferences.

9   (E) Except for willful or wanton misconduct, a 
10 wireless telephone service provider is immune from 
11 civil liability for its actions taken in compliance 
12 with a court order issued under this paragraph.
13   (F) All wireless service providers that provide 
14 services to residential customers shall provide to the 
15 Illinois Commerce Commission the name and address of 
16 an agent for service of orders entered under this 
17 paragraph (18). Any change in status of the registered 
18 agent must be reported to the Illinois Commerce 
19 Commission within 30 days of such change. 
20   (G) The Illinois Commerce Commission shall 
21 maintain the list of registered agents for service for 
22 each wireless telephone service provider on the 
23 Commission's website. The Commission may consult with 
24 wireless telephone service providers and the Circuit 
25 Court Clerks on the manner in which this information 
26 is provided and displayed. 
 
 
SB2889- 124 -LRB102 17768 RLC 24011 b


1 (c) Relevant factors; findings.

2  (1) In determining whether to grant a
specific remedy, 
3 other than payment of support, the
court shall consider 
4 relevant factors, including, but not limited to, the

5 following:

6   (i) the nature, frequency, severity, pattern, and 
7 consequences of the
respondent's past abuse of the 
8 petitioner or any family or household
member, 
9 including the concealment of his or her location in 
10 order to evade
service of process or notice, and the 
11 likelihood of danger of future abuse to
petitioner or

12 any member of petitioner's or respondent's family or 
13 household; and

14   (ii) the danger that any minor child will be 
15 abused or neglected or
improperly relocated from the 
16 jurisdiction, improperly concealed within the
State, 
17 or improperly separated from the child's primary 
18 caretaker.

19  (2) In comparing relative hardships resulting to the 
20 parties from loss
of possession of the family home, the 
21 court shall consider relevant
factors, including, but not 
22 limited to, the following:

23   (i) availability, accessibility, cost, safety, 
24 adequacy, location, and other
characteristics of 
25 alternate housing for each party and any minor child 
26 or
dependent adult in the party's care;

 
 
SB2889- 125 -LRB102 17768 RLC 24011 b


1   (ii) the effect on the party's employment; and

2   (iii) the effect on the relationship of the party, 
3 and any minor
child or dependent adult in the party's 
4 care, to family, school, church,
and community.

5  (3) Subject to the exceptions set forth in paragraph 
6 (4) of this
subsection (c), the court shall make its 
7 findings in an official record or in
writing, and shall at 
8 a minimum set forth the following:

9   (i) That the court has considered the applicable 
10 relevant factors
described in paragraphs (1) and (2) 
11 of this subsection (c).

12   (ii) Whether the conduct or actions of respondent, 
13 unless
prohibited, will likely cause irreparable harm 
14 or continued abuse.

15   (iii) Whether it is necessary to grant the 
16 requested relief in order
to protect petitioner or 
17 other alleged abused persons.

18  (4) (Blank).

19  (5) Never married parties. No rights or 
20 responsibilities for a minor
child born outside of 
21 marriage attach to a putative father until a father and

22 child relationship has been established under the Illinois 
23 Parentage Act of
1984, the Illinois Parentage Act of 2015, 
24 the Illinois Public Aid Code, Section 12 of the Vital 
25 Records Act, the Juvenile Court Act of 1987, the Probate 
26 Act of 1975, the Uniform Interstate Family Support Act, 
 
 
SB2889- 126 -LRB102 17768 RLC 24011 b


1 the Expedited Child Support Act of 1990, any judicial, 
2 administrative, or other act of another state or 
3 territory, any other statute of this State, or by any 
4 foreign nation establishing the father and child 
5 relationship, any other proceeding substantially in 
6 conformity with the federal Personal Responsibility and 
7 Work Opportunity Reconciliation Act of 1996, or when both 
8 parties appeared in open court or at an administrative 
9 hearing acknowledging under oath or admitting by 
10 affirmation the existence of a father and child 
11 relationship. Absent such an adjudication, no putative 
12 father shall be granted
temporary allocation of parental 
13 responsibilities, including parenting time with the minor 
14 child, or
physical care
and possession of the minor child, 
15 nor shall
an order of payment for support of the minor 
16 child be entered.

17 (d) Balance of hardships; findings. If the court finds 
18that the balance
of hardships does not support the granting of 
19a remedy governed by
paragraph (2), (3), (10), (11), or (16) of

20subsection (b) of this Section,
which may require such 
21balancing, the court's findings shall so
indicate and shall 
22include a finding as to whether granting the remedy will

23result in hardship to respondent that would substantially 
24outweigh the hardship
to petitioner
from denial of the remedy. 
25The findings shall be an official record or in
writing.

26 (e) Denial of remedies. Denial of any remedy shall not be 
 
 
SB2889- 127 -LRB102 17768 RLC 24011 b


1based, in
whole or in part, on evidence that:

2  (1) respondent has cause for any use of force, unless 
3 that cause
satisfies the standards for justifiable use of 
4 force provided by Article
7 of the Criminal Code of 2012;

5  (2) respondent was voluntarily intoxicated;

6  (3) petitioner acted in self-defense or defense of 
7 another, provided
that, if petitioner utilized force, such 
8 force was justifiable under
Article 7 of the Criminal Code 
9 of 2012; 

10  (4) petitioner did not act in self-defense or defense 
11 of another;

12  (5) petitioner left the residence or household to 
13 avoid further abuse
by respondent;

14  (6) petitioner did not leave the residence or 
15 household to avoid further
abuse by respondent; or 

16  (7) conduct by any family or household member excused 
17 the abuse by
respondent, unless that same conduct would 
18 have excused such abuse if the
parties had not been family 
19 or household members.

20(Source: P.A. 100-199, eff. 1-1-18; 100-388, eff. 1-1-18; 
21100-597, eff. 6-29-18; 100-863, eff. 8-14-18; 100-923, eff. 
221-1-19; 101-81, eff. 7-12-19.)


                    
 
 
SB2889- 128 -LRB102 17768 RLC 24011 b


1
INDEX

2
Statutes amended in order of appearance

3 5 ILCS 120/2from Ch. 102, par. 42
4 5 ILCS 140/7.5
5 20 ILCS 2605/2605-304 new
6 20 ILCS 2605/2605-605
7 30 ILCS 105/5.935 new
8 30 ILCS 105/6z-99
9 30 ILCS 105/6z-124 new
10 430 ILCS 65/1.1from Ch. 38, par. 83-1.1
11 430 ILCS 65/3.1from Ch. 38, par. 83-3.1
12 430 ILCS 65/4from Ch. 38, par. 83-4
13 430 ILCS 65/5from Ch. 38, par. 83-5
14 430 ILCS 65/6from Ch. 38, par. 83-6
15 430 ILCS 65/6.2 new
16 430 ILCS 65/7from Ch. 38, par. 83-7
17 430 ILCS 65/7.5 new
18 430 ILCS 65/8.2
19 430 ILCS 65/8.3
20 430 ILCS 65/8.4 new
21 430 ILCS 65/9.5
22 430 ILCS 65/10from Ch. 38, par. 83-10
23 430 ILCS 65/11from Ch. 38, par. 83-11
24 430 ILCS 65/13.2from Ch. 38, par. 83-13.2
25 430 ILCS 65/13.4 new
 
 
SB2889- 129 -LRB102 17768 RLC 24011 b