Rep. Maura Hirschauer
Filed: 5/29/2026
 
 

 
 

 
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1
AMENDMENT TO HOUSE BILL 5209

2    AMENDMENT NO. ______. Amend House Bill 5209, AS AMENDED, 
3by replacing everything after the enacting clause with the 
4following:
 
5    "Section 5. The Firearm Owners Identification Card Act is 
6amended by changing Section 8 as follows:
 
7    (430 ILCS 65/8)
8    Sec. 8. Grounds for denial and revocation. The Illinois 
9State Police has authority to deny an application for or to 
10revoke and seize a Firearm Owner's Identification Card 
11previously issued under this Act only if the Illinois State 
12Police finds that the applicant or the person to whom such card 
13was issued is or was at the time of issuance:
14        (a) A person under 21 years of age who has been 
15    convicted of a misdemeanor other than a traffic offense or 
16    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    mental health evaluation by a physician, clinical 
22    psychologist, advanced practice psychiatric nurse, or 
23    qualified examiner as those terms are defined in the 
24    Mental Health and Developmental Disabilities Code, and has 
25    received a certification that he or she is not a clear and 
26    present danger to himself, herself, or others. The 
 
 
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1    physician, clinical psychologist, advanced practice 
2    psychiatric nurse, or qualified examiner making the 
3    certification and his or her employer shall not be held 
4    criminally, civilly, or professionally liable for making 
5    or not making the certification required under this 
6    subsection, except for willful or wanton misconduct. This 
7    subsection does not apply to a person whose firearm 
8    possession rights have been restored through 
9    administrative or judicial action under Section 10 or 11 
10    of this Act; or
11        (v) A person who fails 2 or more times to report a loss 
12    or theft of a firearm within 48 hours of the discovery of 
13    such loss or theft to local law enforcement as required 
14    under subsection (a) of Section 24-4.1 of the Criminal 
15    Code of 2012. 
16        (w) A person who has previously submitted an affidavit 
17    or written consent for another individual to obtain a 
18    Firearm Owner's Identification Card pursuant to Section 4 
19    of this Act if the person is then convicted of or pleads 
20    guilty to conduct that demonstrates the person knew or 
21    should have known it was unreasonable to provide consent 
22    for the individual to possess a Firearm Owner's 
23    Identification Card or a firearm.    
24    Upon revocation of a person's Firearm Owner's 
25Identification Card, the Illinois State Police shall provide 
26notice to the person and the person shall comply with Section 
 
 
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19.5 of this Act. 
2(Source: P.A. 104-31, eff. 1-1-26; 104-270, eff. 8-15-25; 
3revised 11-21-25.)".