Rep. Maura Hirschauer
Filed: 3/18/2025
 
 
 




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1
AMENDMENT TO HOUSE BILL 3157


2    AMENDMENT NO. ______. Amend House Bill 3157 by replacing 
3everything after the enacting clause with the following:

4    "Section 5. The Firearm Owners Identification Card Act is 
5amended by changing Sections 1.1 and 8 as follows:

6    (430 ILCS 65/1.1)
7    Sec. 1.1. For purposes of this Act, unless the context 
8requires otherwise:
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 Illinois 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 
 
 
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1of a prescribed controlled substance under the direction and 
2authority of a physician or other person authorized to 
3prescribe the controlled substance when the controlled 
4substance is used in the prescribed manner.
5    "Adjudicated as a person with a mental disability" means 
6the person is the subject of a determination by a court, board, 
7commission or other lawful authority that the person, as a 
8result of marked subnormal intelligence, or mental illness, 
9mental impairment, incompetency, condition, or disease:
10        (1) presents a clear and present danger to himself, 
11 herself, or to others;
12        (2) lacks the mental capacity to manage his or her own 
13 affairs or is adjudicated a person with a disability as 
14 defined in Section 11a-2 of the Probate Act of 1975;
15        (3) is not guilty in a criminal case by reason of 
16 insanity, mental disease or defect;
17        (3.5) is guilty but mentally ill, as provided in 
18 Section 5-2-6 of the Unified Code of Corrections;
19        (4) is incompetent to stand trial in a criminal case;
20        (5) is not guilty by reason of lack of mental 
21 responsibility under Articles 50a and 72b of the Uniform 
22 Code of Military Justice, 10 U.S.C. 850a, 876b;
23        (6) is a sexually violent person under subsection (f) 
24 of Section 5 of the Sexually Violent Persons Commitment 
25 Act; 
26        (7) is a sexually dangerous person under the Sexually 
 
 
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1 Dangerous Persons Act;
2        (8) is unfit to stand trial under the Juvenile Court 
3 Act of 1987;
4        (9) is not guilty by reason of insanity under the 
5 Juvenile Court Act of 1987;
6        (10) is subject to involuntary admission as an 
7 inpatient as defined in Section 1-119 of the Mental Health 
8 and Developmental Disabilities Code;
9        (11) is subject to involuntary admission as an 
10 outpatient as defined in Section 1-119.1 of the Mental 
11 Health and Developmental Disabilities Code;
12        (12) is subject to judicial admission as set forth in 
13 Section 4-500 of the Mental Health and Developmental 
14 Disabilities Code; or
15        (13) is subject to the provisions of the Interstate 
16 Agreements on Sexually Dangerous Persons Act. 
17    "Clear and present danger" means a person who:
18        (1) communicates a serious threat of physical violence 
19 against a reasonably identifiable victim or poses a clear 
20 and imminent risk of serious physical injury to himself, 
21 herself, or another person as determined by a physician, 
22 clinical psychologist, or qualified examiner; or
23        (2) demonstrates threatening physical or verbal 
24 behavior, such as violent, suicidal, or assaultive 
25 threats, actions, or other behavior, as determined by a 
26 physician, clinical psychologist, qualified examiner, 
 
 
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1 school administrator, or law enforcement official.
2    "Clinical psychologist" has the meaning provided in 
3Section 1-103 of the Mental Health and Developmental 
4Disabilities Code.
5    "Controlled substance" means a controlled substance or 
6controlled substance analog as defined in the Illinois 
7Controlled Substances Act. 
8    "Counterfeit" means to copy or imitate, without legal 
9authority, with intent to deceive.
10    "Department" means the Department of Financial and 
11Professional Regulation.    
12    "Developmental disability" means a severe, chronic 
13disability of an individual that:
14        (1) is attributable to a mental or physical impairment 
15 or combination of mental and physical impairments;
16        (2) is manifested before the individual attains age 
17 22;
18        (3) is likely to continue indefinitely;
19        (4) results in substantial functional limitations in 3 
20 or more of the following areas of major life activity:
21            (A) Self-care. 
22            (B) Receptive and expressive language. 
23            (C) Learning. 
24            (D) Mobility. 
25            (E) Self-direction. 
26            (F) Capacity for independent living. 
 
 
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1            (G) Economic self-sufficiency; and
2        (5) reflects the individual's need for a combination 
3 and sequence of special, interdisciplinary, or generic 
4 services, individualized supports, or other forms of 
5 assistance that are of lifelong or extended duration and 
6 are individually planned and coordinated.
7    "Federally licensed firearm dealer" means a person who is 
8licensed as a federal firearms dealer under Section 923 of the 
9federal Gun Control Act of 1968 (18 U.S.C. 923). 
10    "Firearm" means any device, by whatever name known, which 
11is designed to expel a projectile or projectiles by the action 
12of an explosion, expansion of gas or escape of gas; excluding, 
13however:
14        (1) any pneumatic gun, spring gun, paint ball gun, or 
15 B-B gun which expels a single globular projectile not 
16 exceeding .18 inch in diameter or which has a maximum 
17 muzzle velocity of less than 700 feet per second;
18        (1.1) any pneumatic gun, spring gun, paint ball gun, 
19 or B-B gun which expels breakable paint balls containing 
20 washable marking colors;
21        (2) any device used exclusively for signaling or 
22 safety and required or recommended by the United States 
23 Coast Guard or the Interstate Commerce Commission;
24        (3) any device used exclusively for the firing of stud 
25 cartridges, explosive rivets or similar industrial 
26 ammunition; and
 
 
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1        (4) an antique firearm (other than a machine-gun) 
2 which, although designed as a weapon, the Illinois State 
3 Police finds by reason of the date of its manufacture, 
4 value, design, and other characteristics is primarily a 
5 collector's item and is not likely to be used as a weapon.
6    "Firearm ammunition" means any self-contained cartridge or 
7shotgun shell, by whatever name known, which is designed to be 
8used or adaptable to use in a firearm; excluding, however:
9        (1) any ammunition exclusively designed for use with a 
10 device used exclusively for signaling or safety and 
11 required or recommended by the United States Coast Guard 
12 or the Interstate Commerce Commission; and
13        (2) any ammunition designed exclusively for use with a 
14 stud or rivet driver or other similar industrial 
15 ammunition.
16    "Gun show" means an event or function:
17        (1) at which the sale and transfer of firearms is the 
18 regular and normal course of business and where 50 or more 
19 firearms are displayed, offered, or exhibited for sale, 
20 transfer, or exchange; or
21        (2) at which not less than 10 gun show vendors 
22 display, offer, or exhibit for sale, sell, transfer, or 
23 exchange firearms. 
24    "Gun show" includes the entire premises provided for an 
25event or function, including parking areas for the event or 
26function, that is sponsored to facilitate the purchase, sale, 
 
 
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1transfer, or exchange of firearms as described in this 
2Section. Nothing in this definition shall be construed to 
3exclude a gun show held in conjunction with competitive 
4shooting events at the World Shooting Complex sanctioned by a 
5national governing body in which the sale or transfer of 
6firearms is authorized under subparagraph (5) of paragraph (g) 
7of subsection (A) of Section 24-3 of the Criminal Code of 2012. 
8    Unless otherwise expressly stated, "gun show" does not 
9include training or safety classes, competitive shooting 
10events, such as rifle, shotgun, or handgun matches, trap, 
11skeet, or sporting clays shoots, dinners, banquets, raffles, 
12or any other event where the sale or transfer of firearms is 
13not the primary course of business.
14    "Gun show promoter" means a person who organizes or 
15operates a gun show.
16    "Gun show vendor" means a person who exhibits, sells, 
17offers for sale, transfers, or exchanges any firearms at a gun 
18show, regardless of whether the person arranges with a gun 
19show promoter for a fixed location from which to exhibit, 
20sell, offer for sale, transfer, or exchange any firearm.
21    "Intellectual disability" means significantly subaverage 
22general intellectual functioning, existing concurrently with 
23deficits in adaptive behavior and manifested during the 
24developmental period, which is defined as before the age of 
2522, that adversely affects a child's educational performance.
26    "Involuntarily admitted" has the meaning as prescribed in 
 
 
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1Sections 1-119 and 1-119.1 of the Mental Health and 
2Developmental Disabilities Code. 
3    "Licensed clinical mental health professional" means an 
4individual who is a licensed clinical social worker, licensed 
5clinical psychologist, or licensed clinical psychiatrist and 
6who, on or after the effective date of this amendatory Act of 
7the 104th General Assembly, completes (i) a 3-hour, 
8Department-approved continuing education course that covers 
9the issuance, revocation, and reinstatement of Firearm Owners 
10Identification Cards under this Act and (ii) a 3-hour, 
11Department-approved continuing education course in suicide 
12prevention, trauma evaluation, or both.    
13    "Mental health evaluation" means, until one year after the 
14effective date of this amendatory Act of the 104th General 
15Assembly, a mental health evaluation performed by a physician, 
16clinical psychologist, or qualified examiner, as those terms 
17are defined in the Mental Health and Developmental 
18Disabilities Code; and, beginning one year after the effective 
19date of this amendatory Act of the 104th General Assembly, a 
20mental health evaluation performed by a licensed clinical 
21mental health professional during at least 2 office visits on 
222 separate days.
23    "Mental health facility" means any licensed private 
24hospital or hospital affiliate, institution, or facility, or 
25part thereof, and any facility, or part thereof, operated by 
26the State or a political subdivision thereof which provides 
 
 
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1treatment of persons with mental illness and includes all 
2hospitals, institutions, clinics, evaluation facilities, 
3mental health centers, colleges, universities, long-term care 
4facilities, and nursing homes, or parts thereof, which provide 
5treatment of persons with mental illness whether or not the 
6primary purpose is to provide treatment of persons with mental 
7illness. 
8    "National governing body" means a group of persons who 
9adopt rules and formulate policy on behalf of a national 
10firearm sporting organization. 
11    "Noncitizen" means a person who is not a citizen of the 
12United States, but is a person who is a foreign-born person who 
13lives in the United States, has not been naturalized, and is 
14still a citizen of a foreign country. 
15    "Patient" means:
16        (1) a person who is admitted as an inpatient or 
17 resident of a public or private mental health facility for 
18 mental health treatment under Chapter III of the Mental 
19 Health and Developmental Disabilities Code as an informal 
20 admission, a voluntary admission, a minor admission, an 
21 emergency admission, or an involuntary admission, unless 
22 the treatment was solely for an alcohol abuse disorder; or
23        (2) a person who voluntarily or involuntarily receives 
24 mental health treatment as an out-patient or is otherwise 
25 provided services by a public or private mental health 
26 facility and who poses a clear and present danger to 
 
 
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1 himself, herself, or others. 
2    "Physician" has the meaning as defined in Section 1-120 of 
3the Mental Health and Developmental Disabilities Code.
4    "Protective order" means any orders of protection issued 
5under the Illinois Domestic Violence Act of 1986, stalking no 
6contact orders issued under the Stalking No Contact Order Act, 
7civil no contact orders issued under the Civil No Contact 
8Order Act, and firearms restraining orders issued under the 
9Firearms Restraining Order Act or a substantially similar 
10order issued by the court of another state, tribe, or United 
11States territory or military judge.
12    "Qualified examiner" has the meaning provided in Section 
131-122 of the Mental Health and Developmental Disabilities 
14Code.
15    "Sanctioned competitive shooting event" means a shooting 
16contest officially recognized by a national or state shooting 
17sport association, and includes any sight-in or practice 
18conducted in conjunction with the event. 
19    "School administrator" means the person required to report 
20under the School Administrator Reporting of Mental Health 
21Clear and Present Danger Determinations Law.
22    "Stun gun or taser" has the meaning ascribed to it in 
23Section 24-1 of the Criminal Code of 2012.
24(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; 
25102-813, eff. 5-13-22; 102-890, eff. 5-19-22; 102-972, eff. 
261-1-23; 102-1030, eff. 5-27-22; 103-154, eff. 6-30-23; 
 
 
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1103-407, eff. 7-28-23.)

2    (430 ILCS 65/8)    (from Ch. 38, par. 83-8)
3    Sec. 8. Grounds for denial and revocation. The Illinois 
4State Police has authority to deny an application for or to 
5revoke and seize a Firearm Owners Owner's Identification Card 
6previously issued under this Act only if the Illinois State 
7Police finds that the applicant or the person to whom such card 
8was issued is or was at the time of issuance:
9        (a) A person under 21 years of age who has been 
10 convicted of a misdemeanor other than a traffic offense or 
11 adjudged delinquent;
12        (b) This subsection (b) applies through the 180th day 
13 following July 12, 2019 (the effective date of Public Act 
14 101-80). A person under 21 years of age who does not have 
15 the written consent of his parent or guardian to acquire 
16 and possess firearms and firearm ammunition, or whose 
17 parent or guardian has revoked such written consent, or 
18 where such parent or guardian does not qualify to have a 
19 Firearm Owners Owner's Identification Card;
20        (b-5) This subsection (b-5) applies on and after the 
21 181st day following July 12, 2019 (the effective date of 
22 Public Act 101-80). A person under 21 years of age who is 
23 not an active duty member of the United States Armed 
24 Forces or the Illinois National Guard and does not have 
25 the written consent of his or her parent or guardian to 
 
 
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1 acquire and possess firearms and firearm ammunition, or 
2 whose parent or guardian has revoked such written consent, 
3 or where such parent or guardian does not qualify to have a 
4 Firearm Owners Owner's Identification Card; 
5        (c) A person convicted of a felony under the laws of 
6 this or any other jurisdiction;
7        (d) A person addicted to narcotics;
8        (e) A person who has been a patient of a mental health 
9 facility within the past 5 years or a person who has been a 
10 patient in a mental health facility more than 5 years ago 
11 who has not received the certification required under 
12 subsection (u) of this Section. An active law enforcement 
13 officer employed by a unit of government or a Department 
14 of Corrections employee authorized to possess firearms who 
15 is denied, revoked, or has his or her Firearm Owners    
16 Owner's Identification Card seized under this subsection 
17 (e) may obtain relief as described in subsection (c-5) of 
18 Section 10 of this Act if the officer or employee did not 
19 act in a manner threatening to the officer or employee, 
20 another person, or the public as determined by the 
21 treating clinical psychologist or physician, and the 
22 officer or employee seeks mental health treatment;
23        (f) A person whose mental condition is of such a 
24 nature that it poses a clear and present danger to the 
25 applicant, any other person or persons, or the community;
26        (g) A person who has an intellectual disability;
 
 
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1        (h) A person who intentionally makes a false statement 
2 in the Firearm Owners Owner's Identification Card 
3 application or endorsement affidavit;
4        (i) A noncitizen who is unlawfully present in the 
5 United States under the laws of the United States;
6        (i-5) A noncitizen who has been admitted to the United 
7 States under a non-immigrant visa (as that term is defined 
8 in Section 101(a)(26) of the Immigration and Nationality 
9 Act (8 U.S.C. 1101(a)(26))), except that this subsection 
10 (i-5) does not apply to any noncitizen who has been 
11 lawfully admitted to the United States under a 
12 non-immigrant visa if that noncitizen is:
13            (1) admitted to the United States for lawful 
14 hunting or sporting purposes;
15            (2) an official representative of a foreign 
16 government who is:
17                (A) accredited to the United States Government 
18 or the Government's mission to an international 
19 organization having its headquarters in the United 
20 States; or
21                (B) en route to or from another country to 
22 which that noncitizen is accredited;
23            (3) an official of a foreign government or 
24 distinguished foreign visitor who has been so 
25 designated by the Department of State;
26            (4) a foreign law enforcement officer of a 
 
 
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1 friendly foreign government entering the United States 
2 on official business; or
3            (5) one who has received a waiver from the 
4 Attorney General of the United States pursuant to 18 
5 U.S.C. 922(y)(3);
6        (j) (Blank);
7        (k) A person who has been convicted within the past 5 
8 years of battery, assault, aggravated assault, violation 
9 of an order of protection, or a substantially similar 
10 offense in another jurisdiction, in which a firearm was 
11 used or possessed;
12        (l) A person who has been convicted of domestic 
13 battery, aggravated domestic battery, or a substantially 
14 similar offense in another jurisdiction committed before, 
15 on or after January 1, 2012 (the effective date of Public 
16 Act 97-158). If the applicant or person who has been 
17 previously issued a Firearm Owners Owner's Identification 
18 Card under this Act knowingly and intelligently waives the 
19 right to have an offense described in this paragraph (l) 
20 tried by a jury, and by guilty plea or otherwise, results 
21 in a conviction for an offense in which a domestic 
22 relationship is not a required element of the offense but 
23 in which a determination of the applicability of 18 U.S.C. 
24 922(g)(9) is made under Section 112A-11.1 of the Code of 
25 Criminal Procedure of 1963, an entry by the court of a 
26 judgment of conviction for that offense shall be grounds 
 
 
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1 for denying an application for and for revoking and 
2 seizing a Firearm Owners Owner's Identification Card 
3 previously issued to the person under this Act;
4        (m) (Blank);
5        (n) A person who is prohibited from acquiring or 
6 possessing firearms or firearm ammunition by any Illinois 
7 State statute or by federal law;
8        (o) A minor subject to a petition filed under Section 
9 5-520 of the Juvenile Court Act of 1987 alleging that the 
10 minor is a delinquent minor for the commission of an 
11 offense that if committed by an adult would be a felony; 
12        (p) An adult who had been adjudicated a delinquent 
13 minor under the Juvenile Court Act of 1987 for the 
14 commission of an offense that if committed by an adult 
15 would be a felony;
16        (q) A person who is not a resident of the State of 
17 Illinois, except as provided in subsection (a-10) of 
18 Section 4; 
19        (r) A person who has been adjudicated as a person with 
20 a mental disability; 
21        (s) A person who has been found to have a 
22 developmental disability; 
23        (t) A person involuntarily admitted into a mental 
24 health facility; or 
25        (u) A person who has had his or her Firearm Owners    
26 Owner's Identification Card revoked or denied under 
 
 
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1 subsection (e) of this Section or item (iv) of paragraph 
2 (2) of subsection (a) of Section 4 of this Act because he 
3 or she was a patient in a mental health facility, as 
4 provided in subsection (e) of this Section, shall not be 
5 permitted to obtain a Firearm Owners Owner's    
6 Identification Card, after the 5-year period has lapsed, 
7 unless he or she has received a mental health evaluation 
8 by a licensed clinical mental health professional by a 
9 physician, clinical psychologist, or qualified examiner as 
10 those terms are defined in the Mental Health and 
11 Developmental Disabilities Code, and has received a 
12 certification that he or she is not a clear and present 
13 danger to himself, herself, or others. The licensed 
14 clinical mental health professional physician, clinical 
15 psychologist, or qualified examiner making the 
16 certification and his or her employer shall not be held 
17 criminally, civilly, or professionally liable for making 
18 or not making the certification required under this 
19 subsection, except for willful or wanton misconduct. This 
20 subsection does not apply to a person whose firearm 
21 possession rights have been restored through 
22 administrative or judicial action under Section 10 or 11 
23 of this Act. The results of all mental health evaluations 
24 that are performed under this subsection (u) on or after 
25 the effective date of this amendatory Act of the 104th 
26 General Assembly must be transmitted to the Illinois State 
 
 
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1 Police. Notwithstanding any other law, continuing 
2 education courses completed by an individual to obtain 
3 recognition as a licensed clinical mental health 
4 professional under this subsection may be credited toward 
5 any other continuing education requirements required for 
6 that individual to obtain or maintain professional 
7 licensure in this State.    
8    Upon revocation of a person's Firearm Owners Owner's    
9Identification Card, the Illinois State Police shall provide 
10notice to the person and the person shall comply with Section 
119.5 of this Act. 
12(Source: P.A. 101-80, eff. 7-12-19; 102-538, eff. 8-20-21; 
13102-645, eff. 1-1-22; 102-813, eff. 5-13-22; 102-1030, eff. 
145-27-22; 102-1116, eff. 1-10-23.)".