Sen. Graciela Guzmán

Filed: 4/30/2026

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 3466

2    AMENDMENT NO. ______. Amend Senate Bill 3466 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:
8    "Addicted to narcotics" means a person who has been:
9        (1) convicted of an offense involving the use or
10    possession of cannabis, a controlled substance, or
11    methamphetamine within the past year; or
12        (2) determined by the Illinois State Police to be
13    addicted to narcotics based upon federal law or federal
14    guidelines.
15    "Addicted to narcotics" does not include possession or use
16of a prescribed controlled substance under the direction and

 

 

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1authority of a physician or other person authorized to
2prescribe the controlled substance when the controlled
3substance is used in the prescribed manner.
4    "Adjudicated as a person with a mental disability" means
5the person is the subject of a determination by a court, board,
6commission or other lawful authority that the person, as a
7result of marked subnormal intelligence, or mental illness,
8mental impairment, incompetency, condition, or disease:
9        (1) presents a clear and present danger to himself,
10    herself, or to others;
11        (2) lacks the mental capacity to manage his or her own
12    affairs or is adjudicated a person with a disability as
13    defined in Section 11a-2 of the Probate Act of 1975;
14        (3) is not guilty in a criminal case by reason of
15    insanity, mental disease or defect;
16        (3.5) is guilty but mentally ill, as provided in
17    Section 5-2-6 of the Unified Code of Corrections;
18        (4) is incompetent to stand trial in a criminal case;
19        (5) is not guilty by reason of lack of mental
20    responsibility under Articles 50a and 72b of the Uniform
21    Code of Military Justice, 10 U.S.C. 850a, 876b;
22        (6) is a sexually violent person under subsection (f)
23    of Section 5 of the Sexually Violent Persons Commitment
24    Act;
25        (7) is a sexually dangerous person under the Sexually
26    Dangerous Persons Act;

 

 

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1        (8) is unfit to stand trial under the Juvenile Court
2    Act of 1987;
3        (9) is not guilty by reason of insanity under the
4    Juvenile Court Act of 1987;
5        (10) is subject to involuntary admission as an
6    inpatient as defined in Section 1-119 of the Mental Health
7    and Developmental Disabilities Code;
8        (11) is subject to involuntary admission as an
9    outpatient as defined in Section 1-119.1 of the Mental
10    Health and Developmental Disabilities Code;
11        (12) is subject to judicial admission as set forth in
12    Section 4-500 of the Mental Health and Developmental
13    Disabilities Code; or
14        (13) is subject to the provisions of the Interstate
15    Agreements on Sexually Dangerous Persons Act.
16    "Advanced practice psychiatric nurse" has the meaning
17ascribed to that term in Section 1-101.3 of the Mental Health
18and Developmental Disabilities Code.
19    "Clear and present danger" means a person who:
20        (1) communicates a serious threat of physical violence
21    against a reasonably identifiable victim or poses a clear
22    and imminent risk of serious physical injury to himself,
23    herself, or another person as determined by a physician,
24    clinical psychologist, advanced practice psychiatric
25    nurse, or qualified examiner; or
26        (2) demonstrates threatening physical or verbal

 

 

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1    behavior, such as violent, suicidal, or assaultive
2    threats, actions, or other behavior, as determined by a
3    physician, clinical psychologist, advanced practice
4    psychiatric nurse, qualified examiner, school
5    administrator, or law enforcement official.
6    "Clinical psychologist" has the meaning provided in
7Section 1-103 of the Mental Health and Developmental
8Disabilities Code.
9    "Collateral records" means (1) any medical records related
10to the patient's current and past clinical or mental status
11and history from the last 5 years from all current and prior
12physicians, qualified examiners, clinical psychologists,
13advanced practice psychiatric nurses, or any other individuals
14who provided health care services, as that term is defined in
15Managed Care Reform and Patient Rights Act, to the patient and
16(2) correspondence or other communication between the FOID
17reinstatement mental health evaluator and the patient's
18current and prior physicians, qualified examiners, clinical
19psychologists, advanced practice psychiatric nurses, or any
20other individuals who provided health care services, as that
21term is defined in Managed Care Reform and Patient Rights Act,
22to the patient, if any.
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    "Department of Financial and Professional
3Regulation-approved continuing education sponsor" means a
4person, firm, association, corporation, or any other group
5which is approved by the Department of Financial and
6Professional Regulation to coordinate and present continuing
7education courses or programs.
8    "Developmental disability" means a severe, chronic
9disability of an individual that:
10        (1) is attributable to a mental or physical impairment
11    or combination of mental and physical impairments;
12        (2) is manifested before the individual attains age
13    22;
14        (3) is likely to continue indefinitely;
15        (4) results in substantial functional limitations in 3
16    or more of the following areas of major life activity:
17            (A) Self-care.
18            (B) Receptive and expressive language.
19            (C) Learning.
20            (D) Mobility.
21            (E) Self-direction.
22            (F) Capacity for independent living.
23            (G) Economic self-sufficiency; and
24        (5) reflects the individual's need for a combination
25    and sequence of special, interdisciplinary, or generic
26    services, individualized supports, or other forms of

 

 

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1    assistance that are of lifelong or extended duration and
2    are individually planned and coordinated.
3    "Federally licensed firearm dealer" means a person who is
4licensed as a federal firearms dealer under Section 923 of the
5federal Gun Control Act of 1968 (18 U.S.C. 923).
6    "Firearm" means any device, by whatever name known, which
7is designed to expel a projectile or projectiles by the action
8of an explosion, expansion of gas or escape of gas; excluding,
9however:
10        (1) any pneumatic gun, spring gun, paint ball gun, or
11    B-B gun which expels a single globular projectile not
12    exceeding .18 inch in diameter or which has a maximum
13    muzzle velocity of less than 700 feet per second;
14        (1.1) any pneumatic gun, spring gun, paint ball gun,
15    or B-B gun which expels breakable paint balls containing
16    washable marking colors;
17        (2) any device used exclusively for signaling or
18    safety and required or recommended by the United States
19    Coast Guard or the Interstate Commerce Commission;
20        (3) any device used exclusively for the firing of stud
21    cartridges, explosive rivets or similar industrial
22    ammunition; and
23        (4) an antique firearm (other than a machine-gun)
24    which, although designed as a weapon, the Illinois State
25    Police finds by reason of the date of its manufacture,
26    value, design, and other characteristics is primarily a

 

 

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1    collector's item and is not likely to be used 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 signaling 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    "FOID reinstatement mental health evaluation" means a
13mental health evaluation performed for the purpose of Firearm
14Owner's Identification Card reinstatement by a FOID
15reinstatement mental health evaluator during at least 2 office
16visits on separate, nonconsecutive days. "FOID reinstatement
17mental health evaluation" includes a mental health evaluation
18that may require more than 2 office visits, subject to the
19professional discretion of the FOID reinstatement mental
20health evaluator conducting the FOID reinstatement mental
21health evaluation.
22    "FOID reinstatement mental health evaluator" means an
23individual who:
24        (1) is a qualified examiner, a licensed clinical
25    psychologist under the Clinical Psychologist Licensing
26    Act, a licensed advanced practice psychiatric nurse under

 

 

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1    the Nurse Practice Act, or a physician licensed to
2    practice medicine in all its branches under the Medical
3    Practice Act of 1987 who is board-certified in psychiatry
4    by the American Board of Psychiatry and Neurology or the
5    American Osteopathic Board of Neurology and Psychiatry;
6        (2) has successfully completed at least 3 hours of
7    continuing education, provided by a Department of
8    Financial and Professional Regulation-approved continuing
9    education sponsor, that included education regarding
10    suicide prevention and trauma evaluation;
11        (3) has successfully completed training, developed by
12    the Department of Human Services in consultation with the
13    Illinois State Police, provided by the Department of Human
14    Services or a third-party training provider that has been
15    approved by the Department of Human Services, on the
16    issuance, revocation, and reinstatement of Firearm Owners
17    Identification Cards under this Act; and
18        (4) maintains a practice location within the State of
19    Illinois or is authorized to provide telehealth services
20    to Illinois residents in compliance with Illinois law.
21    "FOID reinstatement mental health evaluator" does not
22include an individual practicing in Illinois under temporary
23practice authority, reciprocity provisions, interstate compact
24provisions, or any other mechanism that does not constitute
25full Illinois licensure.
26    "Gun show" means an event or function:

 

 

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1        (1) at which the sale and transfer of firearms is the
2    regular and normal course of business and where 50 or more
3    firearms are displayed, offered, or exhibited for sale,
4    transfer, or exchange; or
5        (2) at which not less than 10 gun show vendors
6    display, offer, or exhibit for sale, sell, transfer, or
7    exchange firearms.
8    "Gun show" includes the entire premises provided for an
9event or function, including parking areas for the event or
10function, that is sponsored to facilitate the purchase, sale,
11transfer, or exchange of firearms as described in this
12Section. Nothing in this definition shall be construed to
13exclude a gun show held in conjunction with competitive
14shooting events at the World Shooting Complex sanctioned by a
15national governing body in which the sale or transfer of
16firearms is authorized under subparagraph (5) of paragraph (g)
17of subsection (A) of Section 24-3 of the Criminal Code of 2012.
18    Unless otherwise expressly stated, "gun show" does not
19include training or safety classes, competitive shooting
20events, such as rifle, shotgun, or handgun matches, trap,
21skeet, or sporting clays shoots, dinners, banquets, raffles,
22or any other event where the sale or transfer of firearms is
23not the primary course of business.
24    "Gun show promoter" means a person who organizes or
25operates a gun show.
26    "Gun show vendor" means a person who exhibits, sells,

 

 

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1offers for sale, transfers, or exchanges any firearms at a gun
2show, regardless of whether the person arranges with a gun
3show promoter for a fixed location from which to exhibit,
4sell, offer for sale, transfer, or exchange any firearm.
5    "Intellectual disability" means significantly subaverage
6general intellectual functioning, existing concurrently with
7deficits in adaptive behavior and manifested during the
8developmental period, which is defined as before the age of
922, that adversely affects a child's educational performance.
10    "Involuntarily admitted" has the meaning as prescribed in
11Sections 1-119 and 1-119.1 of the Mental Health and
12Developmental Disabilities Code.
13    "Mental health facility" means any licensed private
14hospital or hospital affiliate, institution, or facility, or
15part thereof, and any facility, or part thereof, operated by
16the State or a political subdivision thereof which provides
17treatment of persons with mental illness and includes all
18hospitals, institutions, clinics, evaluation facilities,
19mental health centers, colleges, universities, long-term care
20facilities, and nursing homes, or parts thereof, which provide
21treatment of persons with mental illness whether or not the
22primary purpose is to provide treatment of persons with mental
23illness.
24    "National governing body" means a group of persons who
25adopt rules and formulate policy on behalf of a national
26firearm sporting organization.

 

 

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1    "Noncitizen" means a person who is not a citizen of the
2United States, but is a person who is a foreign-born person who
3lives in the United States, has not been naturalized, and is
4still a citizen of a foreign country.
5    "Patient" means:
6        (1) a person who is admitted as an inpatient or
7    resident of a public or private mental health facility for
8    mental health treatment under Chapter III of the Mental
9    Health and Developmental Disabilities Code as an informal
10    admission, a voluntary admission, a minor admission, an
11    emergency admission, or an involuntary admission, unless
12    the treatment was solely for an alcohol abuse disorder; or
13        (2) a person who voluntarily or involuntarily receives
14    mental health treatment as an out-patient or is otherwise
15    provided services by a public or private mental health
16    facility and who poses a clear and present danger to
17    himself, herself, or others.
18    "Physician" has the meaning as defined in Section 1-120 of
19the Mental Health and Developmental Disabilities Code.
20    "Protective order" means any orders of protection issued
21under the Illinois Domestic Violence Act of 1986, stalking no
22contact orders issued under the Stalking No Contact Order Act,
23civil no contact orders issued under the Civil No Contact
24Order Act, and firearms restraining orders issued under the
25Firearms Restraining Order Act or a substantially similar
26order issued by the court of another state, tribe, or United

 

 

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1States territory or military judge.
2    "Qualified examiner" has the meaning provided in Section
31-122 of the Mental Health and Developmental Disabilities
4Code.
5    "Sanctioned competitive shooting event" means a shooting
6contest officially recognized by a national or state shooting
7sport association, and includes any sight-in or practice
8conducted in conjunction with the event.
9    "School administrator" means the person required to report
10under the School Administrator Reporting of Mental Health
11Clear and Present Danger Determinations Law.
12    "Stun gun or taser" has the meaning ascribed to it in
13Section 24-1 of the Criminal Code of 2012.
14(Source: P.A. 103-154, eff. 6-30-23; 103-407, eff. 7-28-23;
15104-270, eff. 8-15-25.)
 
16    (430 ILCS 65/8)
17    Sec. 8. Grounds for denial and revocation. The Illinois
18State Police has authority to deny an application for or to
19revoke and seize a Firearm Owner's Identification Card
20previously issued under this Act only if the Illinois State
21Police finds that the applicant or the person to whom such card
22was issued is or was at the time of issuance:
23        (a) A person under 21 years of age who has been
24    convicted of a misdemeanor other than a traffic offense or
25    adjudged delinquent;

 

 

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1        (b) This subsection (b) applies through the 180th day
2    following July 12, 2019 (the effective date of Public Act
3    101-80). A person under 21 years of age who does not have
4    the written consent of his parent or guardian to acquire
5    and possess firearms and firearm ammunition, or whose
6    parent or guardian has revoked such written consent, or
7    where such parent or guardian does not qualify to have a
8    Firearm Owner's Identification Card;
9        (b-5) This subsection (b-5) applies on and after the
10    181st day following July 12, 2019 (the effective date of
11    Public Act 101-80). A person under 21 years of age who is
12    not an active duty member of the United States Armed
13    Forces or the Illinois National Guard and does not have
14    the written consent of his or her parent or guardian to
15    acquire and possess firearms and firearm ammunition, or
16    whose parent or guardian has revoked such written consent,
17    or where such parent or guardian does not qualify to have a
18    Firearm Owner's Identification Card;
19        (c) A person convicted of a felony under the laws of
20    this or any other jurisdiction;
21        (d) A person addicted to narcotics;
22        (e) A person who has been a patient of a mental health
23    facility within the past 5 years or a person who has been a
24    patient in a mental health facility more than 5 years ago
25    who has not received the certification required under
26    subsection (u) of this Section. An active law enforcement

 

 

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1    officer employed by a unit of government or a Department
2    of Corrections employee authorized to possess firearms who
3    is denied, revoked, or has his or her Firearm Owner's
4    Identification Card seized under this subsection (e) may
5    obtain relief as described in subsection (c-5) of Section
6    10 of this Act if the officer or employee did not act in a
7    manner threatening to the officer or employee, another
8    person, or the public as determined by the treating
9    clinical psychologist or physician, and the officer or
10    employee seeks mental health treatment;
11        (f) A person whose mental condition is of such a
12    nature that it poses a clear and present danger to the
13    applicant, any other person or persons, or the community;
14        (g) A person who has an intellectual disability;
15        (h) A person who intentionally makes a false statement
16    in the Firearm Owner's Identification Card application or
17    endorsement affidavit;
18        (i) A noncitizen who is unlawfully present in the
19    United States under the laws of the United States;
20        (i-5) A noncitizen who has been admitted to the United
21    States under a non-immigrant visa (as that term is defined
22    in Section 101(a)(26) of the Immigration and Nationality
23    Act (8 U.S.C. 1101(a)(26))), except that this subsection
24    (i-5) does not apply to any noncitizen who has been
25    lawfully admitted to the United States under a
26    non-immigrant visa if that noncitizen is:

 

 

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

 

 

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

 

 

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

 

 

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1    he or she is not a clear and present danger to himself,
2    herself, or others. The FOID reinstatement mental health
3    evaluator shall provide the person seeking a FOID
4    reinstatement mental health evaluation written notice
5    that, upon completion of the FOID reinstatement mental
6    health evaluation, the results will be sent to the
7    Illinois State Police regardless of outcome. To receive a
8    FOID reinstatement mental health evaluation, a person must
9    provide written consent for the evaluation and for the
10    results to be disclosed to the Illinois State Police. The
11    person receiving a FOID reinstatement mental health
12    evaluation shall provide, or approve the sharing of, all
13    collateral records to the FOID reinstatement mental health
14    evaluator making the certification, and the person shall
15    attest, by signature, that all collateral records have
16    been provided to the FOID reinstatement mental health
17    evaluator before the FOID reinstatement mental health
18    evaluation. The FOID reinstatement mental health
19    evaluator, as part of the certification, shall attest that
20    the FOID reinstatement mental health evaluator has
21    requested, received, reviewed, and considered all of the
22    person's collateral records known to the FOID
23    reinstatement mental health evaluator in making the
24    determination that the person is not a clear and present
25    danger to self or others. In addition, the FOID
26    reinstatement mental health evaluator shall identify the

 

 

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1    types of collateral records received. The FOID
2    reinstatement mental health evaluator shall not redisclose
3    information contained in the collateral records. If no
4    collateral records are obtained, the FOID reinstatement
5    mental health evaluator must document the efforts used to
6    obtain the collateral records. The FOID reinstatement
7    mental health evaluator physician, clinical psychologist,
8    advanced practice psychiatric nurse, or qualified examiner
9    making the certification and his or her employer shall not
10    be held criminally, civilly, or professionally liable for
11    making or not making the certification required under this
12    subsection, except for willful or wanton misconduct. This
13    subsection does not apply to a person whose firearm
14    possession rights have been restored through
15    administrative or judicial action under Section 10 or 11
16    of this Act. The results of all FOID reinstatement mental
17    health evaluations that are performed under this
18    subsection (u) on or after the effective date of this
19    amendatory Act of the 104th General Assembly shall be
20    transmitted to the Illinois State Police. A FOID
21    reinstatement mental health evaluator who complies with
22    the requirements of this subsection and documents
23    reasonable attempts to obtain collateral records shall not
24    be subject to professional discipline, civil liability, or
25    criminal liability based on: (1) the person's failure to
26    disclose all treatment history; (2) the existence of

 

 

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1    collateral records that were not identified by the person
2    and not discovered through the FOID reinstatement mental
3    health evaluator's documented reasonable attempts; or (3)
4    the FOID reinstatement mental health evaluator's
5    determination that was made in good faith based on
6    information available at the time of the evaluation, even
7    if additional records are later discovered. This liability
8    protection shall not apply in cases of willful or wanton
9    misconduct. The Illinois State Police may request all
10    records or documentation from the Department of Financial
11    and Professional Regulation and the FOID reinstatement
12    mental health evaluator to confirm that an individual is
13    qualified to perform FOID reinstatement mental health
14    evaluations under subsection (u) of Section 8 as a FOID
15    reinstatement mental health evaluator; or
16        (v) A person who fails 2 or more times to report a loss
17    or theft of a firearm within 48 hours of the discovery of
18    such loss or theft to local law enforcement as required
19    under subsection (a) of Section 24-4.1 of the Criminal
20    Code of 2012.
21    Upon revocation of a person's Firearm Owner's
22Identification Card, the Illinois State Police shall provide
23notice to the person and the person shall comply with Section
249.5 of this Act.
25(Source: P.A. 104-31, eff. 1-1-26; 104-270, eff. 8-15-25;
26revised 11-21-25.)".