104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3692

Introduced , by Rep. Maura Hirschauer

SYNOPSIS AS INTRODUCED:

`430 ILCS 65/4`	`from Ch. 38, par. 83-4`
`430 ILCS 65/5`	`from Ch. 38, par. 83-5`
`430 ILCS 66/30`
`430 ILCS 66/50`

Amends the Firearm Owners Identification Card Act. Provides that each applicant for the issuance or renewal (rather than only the issuance) of a Firearm Owner's Identification Card shall (rather than may) provide a full set of the applicant's fingerprints in electronic format to the Illinois State Police, unless the applicant has previously provided a full set of the applicant's fingerprints to the Illinois State Police under the Act or the Firearm Concealed Carry Act. Prohibits a live scan fingerprint vendor from charging more than $30 per set of fingerprints reviewed under the Act. Repeals a provision concerning a report that was to have been completed by January 1, 2022. Requires the Illinois State Police to deny the FOID card application of any person who fails to submit fingerprints. Changes the amounts of FOID card processing fees. Makes conforming changes in the Firearm Concealed Carry Act.

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A BILL FOR

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1 AN ACT concerning safety.

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

3 represented in the General Assembly:

4 Section 20. The Firearm Owners Identification Card Act is

5 amended by changing Sections 4 and 5 as follows:

6 (430 ILCS 65/4) (from Ch. 38, par. 83-4)

7 Sec. 4. Application for Firearm Owner's Identification

8 Cards.

9 (a) Each applicant for a Firearm Owner's Identification

10 Card must:

11 (1) Submit an application as made available by the

12 Illinois State Police; and

13 (2) Submit evidence to the Illinois State Police that:

14 (i) This subparagraph (i) applies through the

15 180th day following July 12, 2019 (the effective date

16 of Public Act 101-80). He or she is 21 years of age or

17 over, or if he or she is under 21 years of age that he

18 or she has the written consent of his or her parent or

19 legal guardian to possess and acquire firearms and

20 firearm ammunition and that he or she has never been

21 convicted of a misdemeanor other than a traffic

22 offense or adjudged delinquent, provided, however,

23 that such parent or legal guardian is not an

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1 individual prohibited from having a Firearm Owner's

2 Identification Card and files an affidavit with the

3 Department as prescribed by the Department stating

4 that he or she is not an individual prohibited from

5 having a Card;

6 (i-5) This subparagraph (i-5) applies on and after

7 the 181st day following July 12, 2019 (the effective

8 date of Public Act 101-80). He or she is 21 years of

9 age or over, or if he or she is under 21 years of age

10 that he or she has never been convicted of a

11 misdemeanor other than a traffic offense or adjudged

12 delinquent and is an active duty member of the United

13 States Armed Forces or the Illinois National Guard or

14 has the written consent of his or her parent or legal

15 guardian to possess and acquire firearms and firearm

16 ammunition, provided, however, that such parent or

17 legal guardian is not an individual prohibited from

18 having a Firearm Owner's Identification Card and files

19 an affidavit with the Illinois State Police as

20 prescribed by the Illinois State Police stating that

21 he or she is not an individual prohibited from having a

22 Card or the active duty member of the United States

23 Armed Forces or the Illinois National Guard under 21

24 years of age annually submits proof to the Illinois

25 State Police, in a manner prescribed by the Illinois

26 State Police;

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1 (ii) He or she has not been convicted of a felony

2 under the laws of this or any other jurisdiction;

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

4 (iv) He or she has not been a patient in a mental

5 health facility within the past 5 years or, if he or

6 she has been a patient in a mental health facility more

7 than 5 years ago submit the certification required

8 under subsection (u) of Section 8 of this Act;

9 (v) He or she is not a person with an intellectual

10 disability;

11 (vi) He or she is not a noncitizen who is

12 unlawfully present in the United States under the laws

13 of the United States;

14 (vii) He or she is not subject to an existing order

15 of protection prohibiting him or her from possessing a

16 firearm;

17 (viii) He or she has not been convicted within the

18 past 5 years of battery, assault, aggravated assault,

19 violation of an order of protection, or a

20 substantially similar offense in another jurisdiction,

21 in which a firearm was used or possessed;

22 (ix) He or she has not been convicted of domestic

23 battery, aggravated domestic battery, or a

24 substantially similar offense in another jurisdiction

25 committed before, on or after January 1, 2012 (the

26 effective date of Public Act 97-158). If the applicant

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1 knowingly and intelligently waives the right to have

2 an offense described in this clause (ix) tried by a

3 jury, and by guilty plea or otherwise, results in a

4 conviction for an offense in which a domestic

5 relationship is not a required element of the offense

6 but in which a determination of the applicability of

7 18 U.S.C. 922(g)(9) is made under Section 112A-11.1 of

8 the Code of Criminal Procedure of 1963, an entry by the

9 court of a judgment of conviction for that offense

10 shall be grounds for denying the issuance of a Firearm

11 Owner's Identification Card under this Section;

12 (x) (Blank);

13 (xi) He or she is not a noncitizen who has been

14 admitted to the United States under a non-immigrant

15 visa (as that term is defined in Section 101(a)(26) of

16 the Immigration and Nationality Act (8 U.S.C.

17 1101(a)(26))), or that he or she is a noncitizen who

18 has been lawfully admitted to the United States under

19 a non-immigrant visa if that noncitizen is:

20 (1) admitted to the United States for lawful

21 hunting or sporting purposes;

22 (2) an official representative of a foreign

23 government who is:

24 (A) accredited to the United States

25 Government or the Government's mission to an

26 international organization having its

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1 headquarters in the United States; or

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

3 which that noncitizen is accredited;

4 (3) an official of a foreign government or

5 distinguished foreign visitor who has been so

6 designated by the Department of State;

7 (4) a foreign law enforcement officer of a

8 friendly foreign government entering the United

9 States on official business; or

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

11 Attorney General of the United States pursuant to

12 18 U.S.C. 922(y)(3);

13 (xii) He or she is not a minor subject to a

14 petition filed under Section 5-520 of the Juvenile

15 Court Act of 1987 alleging that the minor is a

16 delinquent minor for the commission of an offense that

17 if committed by an adult would be a felony;

18 (xiii) He or she is not an adult who had been

19 adjudicated a delinquent minor under the Juvenile

20 Court Act of 1987 for the commission of an offense that

21 if committed by an adult would be a felony;

22 (xiv) He or she is a resident of the State of

23 Illinois;

24 (xv) He or she has not been adjudicated as a person

25 with a mental disability;

26 (xvi) He or she has not been involuntarily

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1 admitted into a mental health facility; and

2 (xvii) He or she is not a person with a

3 developmental disability; and

4 (3) Upon request by the Illinois State Police, sign a

5 release on a form prescribed by the Illinois State Police

6 waiving any right to confidentiality and requesting the

7 disclosure to the Illinois State Police of limited mental

8 health institution admission information from another

9 state, the District of Columbia, any other territory of

10 the United States, or a foreign nation concerning the

11 applicant for the sole purpose of determining whether the

12 applicant is or was a patient in a mental health

13 institution and disqualified because of that status from

14 receiving a Firearm Owner's Identification Card. No mental

15 health care or treatment records may be requested. The

16 information received shall be destroyed within one year of

17 receipt.

18 (a-5) Each applicant for a Firearm Owner's Identification

19 Card who is over the age of 18 shall furnish to the Illinois

20 State Police either his or her Illinois driver's license

21 number or Illinois Identification Card number, except as

22 provided in subsection (a-10).

23 (a-10) Each applicant for a Firearm Owner's Identification

24 Card, who is employed as a law enforcement officer, an armed

25 security officer in Illinois, or by the United States Military

26 permanently assigned in Illinois and who is not an Illinois

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1 resident, shall furnish to the Illinois State Police his or

2 her driver's license number or state identification card

3 number from his or her state of residence. The Illinois State

4 Police may adopt rules to enforce the provisions of this

5 subsection (a-10).

6 (a-15) If an applicant applying for a Firearm Owner's

7 Identification Card moves from the residence address named in

8 the application, he or she shall immediately notify in a form

9 and manner prescribed by the Illinois State Police of that

10 change of address.

11 (a-20) Each applicant for a Firearm Owner's Identification

12 Card shall furnish to the Illinois State Police his or her

13 photograph. An applicant who is 21 years of age or older

14 seeking a religious exemption to the photograph requirement

15 must furnish with the application an approved copy of United

16 States Department of the Treasury Internal Revenue Service

17 Form 4029. In lieu of a photograph, an applicant regardless of

18 age seeking a religious exemption to the photograph

19 requirement shall submit fingerprints on a form and manner

20 prescribed by the Illinois State Police with his or her

21 application.

22 (a-25) Each ~~Beginning January 1, 2023, each~~ applicant for

23 the issuance or renewal of a Firearm Owner's Identification

24 Card shall ~~may~~ include a full set of his or her fingerprints in

25 electronic format to the Illinois State Police, unless the

26 applicant has previously provided a full set of his or her

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1 fingerprints to the Illinois State Police under this Act or

2 the Firearm Concealed Carry Act.

3 The fingerprints must be transmitted through a live scan

4 fingerprint vendor licensed by the Department of Financial and

5 Professional Regulation. The fingerprints shall be checked

6 against the fingerprint records now and hereafter filed in the

7 Illinois State Police and Federal Bureau of Investigation

8 criminal history records databases, including all available

9 State and local criminal history record information files. A

10 live scan fingerprint vendor may not charge more than $30 per

11 set of fingerprints reviewed under this Section.

12 The Illinois State Police shall charge applicants a

13 one-time fee for conducting the criminal history record check,

14 which shall be deposited into the State Police Services Fund

15 and shall not exceed the actual cost of the State and national

16 criminal history record check.

17 (a-26) (Blank). ~~The Illinois State Police shall research,~~

18 ~~explore, and report to the General Assembly by January 1, 2022~~

19 ~~on the feasibility of permitting voluntarily submitted~~

20 ~~fingerprints obtained for purposes other than Firearm Owner's~~

21 ~~Identification Card enforcement that are contained in the~~

22 ~~Illinois State Police database for purposes of this Act.~~

23 (a-27) The Illinois State Police shall deny the

24 application of any person who fails to submit evidence

25 required by this Section.

26 (b) Each application form shall include the following

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1 statement printed in bold type: "Warning: Entering false

2 information on an application for a Firearm Owner's

3 Identification Card is punishable as a Class 2 felony in

4 accordance with subsection (d-5) of Section 14 of the Firearm

5 Owners Identification Card Act.".

6 (c) Upon such written consent, pursuant to Section 4,

7 paragraph (a)(2)(i), the parent or legal guardian giving the

8 consent shall be liable for any damages resulting from the

9 applicant's use of firearms or firearm ammunition.

10 (Source: P.A. 101-80, eff. 7-12-19; 102-237, eff. 1-1-22;

11 102-538, eff. 8-20-21; 102-813, eff. 5-13-22; 102-1030, eff.

12 5-27-22; 102-1116, eff. 1-10-23.)

13 (430 ILCS 65/5) (from Ch. 38, par. 83-5)

14 Sec. 5. Application and renewal.

15 (a) The Illinois State Police shall either approve or deny

16 all applications within 30 days from the date they are

17 received, except as provided in subsections (b) and (c), and

18 every applicant found qualified under Section 8 of this Act by

19 the Illinois State Police shall be entitled to a Firearm

20 Owner's Identification Card upon the payment of a $20 ~~$10~~ fee

21 and applicable processing fees. The processing fees shall be

22 limited to charges by the State Treasurer for using the

23 electronic online payment system. Any applicant who is an

24 active duty member of the Armed Forces of the United States, a

25 member of the Illinois National Guard, or a member of the

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1 Reserve Forces of the United States is exempt from the

2 application fee. $10 ~~$5~~ of each fee derived from the issuance

3 of a Firearm Owner's Identification Card or renewals thereof

4 shall be deposited in the State Police Firearm Services Fund

5 and $10 ~~$5~~ into the State Police Firearm Enforcement Fund.

6 (b) Renewal applications shall be approved or denied

7 within 60 business days, provided the applicant submitted his

8 or her renewal application prior to the expiration of his or

9 her Firearm Owner's Identification Card. If a renewal

10 application has been submitted prior to the expiration date of

11 the applicant's Firearm Owner's Identification Card, the

12 Firearm Owner's Identification Card shall remain valid while

13 the Illinois State Police processes the application, unless

14 the person is subject to or becomes subject to revocation

15 under this Act. The cost for a renewal application shall be $10

16 and may include applicable processing fees, which shall be

17 limited to charges by the State Treasurer for using the

18 electronic online payment system, which shall be deposited

19 into the State Police Firearm Services Fund.

20 (c) If the Firearm Owner's Identification Card of a

21 licensee under the Firearm Concealed Carry Act expires during

22 the term of the licensee's concealed carry license, the

23 Firearm Owner's Identification Card and the license remain

24 valid and the licensee does not have to renew his or her

25 Firearm Owner's Identification Card during the duration of the

26 concealed carry license. Unless the Illinois State Police has

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1 reason to believe the licensee is no longer eligible for the

2 card, the Illinois State Police may automatically renew the

3 licensee's Firearm Owner's Identification Card and send a

4 renewed Firearm Owner's Identification Card to the licensee.

5 (d) The Illinois State Police may adopt rules concerning

6 the use of voluntarily submitted fingerprints, as allowed by

7 State and federal law.

8 (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;

9 102-813, eff. 5-13-22; 103-609, eff. 7-1-24.)

10 Section 25. The Firearm Concealed Carry Act is amended by

11 changing Sections 30 and 50 as follows:

12 (430 ILCS 66/30)

13 Sec. 30. Contents of license application.

14 (a) The license application shall be in writing, under

15 penalty of perjury, on a standard form adopted by the Illinois

16 State Police and shall be accompanied by the documentation

17 required in this Section and the applicable fee. Each

18 application form shall include the following statement printed

19 in bold type: "Warning: Entering false information on this

20 form is punishable as perjury under Section 32-2 of the

21 Criminal Code of 2012."

22 (b) The application shall contain the following:

23 (1) the applicant's name, current address, date and

24 year of birth, place of birth, height, weight, hair color,

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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 Illinois State Police. The waiver only applies to records

16 sought in connection with determining whether the

17 applicant qualifies for a license to carry a concealed

18 firearm under this Act, or whether the applicant remains

19 in compliance with the Firearm Owners Identification Card

20 Act;

21 (4) an affirmation that the applicant possesses a

22 currently valid Firearm Owner's Identification Card and

23 card number if possessed or notice the applicant is

24 applying for a Firearm Owner's Identification Card in

25 conjunction with the license application;

26 (5) an affirmation that the applicant has not been

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1 convicted or found guilty of:

2 (A) a felony;

3 (B) a misdemeanor involving the use or threat of

4 physical force or violence to any person within the 5

5 years preceding the date of the application; or

6 (C) 2 or more violations related to driving while

7 under the influence of alcohol, other drug or drugs,

8 intoxicating compound or compounds, or any combination

9 thereof, within the 5 years preceding the date of the

10 license application;

11 (6) whether the applicant has failed a drug test for a

12 drug for which the applicant did not have a prescription,

13 within the previous year, and if so, the provider of the

14 test, the specific substance involved, and the date of the

15 test;

16 (7) written consent for the Illinois State Police to

17 review and use the applicant's Illinois digital driver's

18 license or Illinois identification card photograph and

19 signature;

20 (8) unless submitted under subsection (a-25) of

21 Section 4 of the Firearm Owners Identification Card Act, a

22 full set of fingerprints submitted to the Illinois State

23 Police in electronic format in a form and manner

24 prescribed by the Illinois State Police, unless the

25 applicant has previously provided a full set of his or her

26 fingerprints to the Illinois State Police under the

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1 Firearm Owners Identification Card Act ~~, provided the~~

2 ~~Illinois State Police may accept an application submitted~~

3 ~~without a set of fingerprints, in which case the Illinois~~

4 ~~State Police shall be granted 30 days in addition to the 90~~

5 ~~days provided under subsection (e) of Section 10 of this~~

6 ~~Act to issue or deny a license~~;

7 (9) a head and shoulder color photograph in a size

8 specified by the Illinois State Police taken within the 30

9 days preceding the date of the license application; and

10 (10) a photocopy of any certificates or other evidence

11 of compliance with the training requirements under this

12 Act.

13 (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;

14 102-813, eff. 5-13-22.)

15 (430 ILCS 66/50)

16 Sec. 50. License renewal.

17 (a) This subsection (a) applies through the 180th day

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

19 101-80). The Illinois State Police shall, 180 days prior to

20 the expiration of a concealed carry license, notify each

21 person whose license is to expire a notification of the

22 expiration of the license and instructions for renewal.

23 Applications for renewal of a license shall be made to the

24 Illinois State Police. A license shall be renewed for a period

25 of 5 years upon receipt of a completed renewal application,

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