HB3157 104TH GENERAL ASSEMBLY

LRB104 10710 BDA 20789 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB3157

Introduced 2/18/2025, by Rep. Maura Hirschauer

SYNOPSIS AS INTRODUCED:

See Index

Amends the Firearm Owners Identification Card Act. Provides that in cases in which a person who has had his or her Firearm Owner's Identification Card revoked or denied because he or she was a patient in a mental health facility and who has received a mental health evaluation by a physician, clinical psychologist, or qualified examiner as those terms are defined in the Mental Health and Developmental Disabilities Code, and has received a certification that he or she is not a clear and present danger to himself, herself, or others to receive a restoration of his or her right to obtain a Firearm Owner's Identification Card shall provide all collateral records to the physician, clinical psychologist, or qualified examiner making the certification and the person shall attest, by signature, that all collateral records have been provided to the evaluator prior to the mental health evaluation. In the definitions of "clinical psychologist", "physician", and "qualified examiner", provides that these persons conducting the mental health examinations shall be up to date on their continuing education and must possess a valid certification from the Department of Financial and Professional Regulation. Amends the Mental Health and Developmental Disabilities Confidentiality Act. Provides that an investigator or attorney employed by the Department of Financial and Professional Regulation investigating any provider of mental health or developmental disabilities services who is a licensee of the Department shall be entitled to inspect and copy a recipient record or any part thereof upon the presentation of a Department subpoena. Provides that a subpoena for records issued to a federally assisted substance use disorder program must be accompanied by a court order if required by 42 CFR 2.66. Provides that the Department of Human Services shall notify recipients upon receiving records obtained via subpoena. Nothing in this Act prohibits the use of a recipients records in an administrative proceeding conducted by the Department. Amends various Acts to make conforming changes.

A BILL FOR

AN ACT concerning safety.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Clinical Psychologist Licensing Act is amended by changing Section 13 and by adding Section 12.1 as follows:

(225 ILCS 15/12.1 new)

Sec. 12.1. Firearm Owners Identification Card Act; certification.

(a) A clinical psychologist who performs mental health evaluations under subsection (u) of Section 8 of the Firearm Owners Identification Card Act must obtain a certification from the Department, to be renewed per license year, that the clinical psychologist has completed all trainings as provided by this Section.

(b) The Department shall adopt rules of continuing education for clinical psychologists who perform mental health evaluations under subsection (u) of Section 8 of the Firearm Owners Identification Card Act to require 6 hours of continuing education per license year, in addition to any other continuing education requirements as required by law. In establishing these rules, the Department shall consider and incorporate guidance from the Illinois State Police and Illinois Department of Public Health. The rules shall be consistent with best practices relating to firearm safety and shall include, but are not limited to, education of the Firearm Owners Identification Card Act, safe storage of firearms, risks of firearms to individuals who are a clear and present risk to themselves or others, and actions that can be taken to alert law enforcement of individuals who own firearms and pose a clear and present risk to themselves or others. The Department shall periodically update the curriculum of continuing education as it sees fit, but, at a minimum, shall update the curriculum every 4 years.

(c) The Department shall develop and disseminate educational materials relating to this continuing education, and shall provide this continuing education as an additional option whenever the continuing education under Section 13 of this Act is provided.

(d) The Department shall certify each clinical psychologist who has completed this continuing education for the license year as qualified to conduct mental health evaluations under subsection (u) of Section 8 of the Firearm Owners Identification Card Act. A clinical psychologist who is not certified by the Department shall not conduct such mental health evaluations. The Department shall maintain records of certification and shall provide unrestricted access to such records with the Firearms Record Challenge Unit of the Illinois State Police.

(e) The cost of enrolling in this continuing education shall be set by the Department, by rule, and the Department of Human Services shall reimburse the Department, the Illinois State Police, and the Department of Public Health for the development, administration, and maintenance of such continuing education and any continuing education materials.

(225 ILCS 15/13) (from Ch. 111, par. 5363)

(Section scheduled to be repealed on January 1, 2027)

Sec. 13. License renewal; restoration.

(a) The expiration date and renewal period for each license issued under this Act shall be set by rule. Every holder of a license under this Act may renew such license during the 90-day period immediately preceding the expiration date thereof upon payment of the required renewal fees and demonstrating compliance with any continuing education requirements. The Department shall adopt rules establishing minimum requirements of continuing education and means for verification of the completion of the continuing education requirements. The Department may, by rule, specify circumstances under which the continuing education requirements may be waived. Under no circumstances shall the continuing education requirements in Section 12.1 be waived.

A clinical psychologist who has permitted his or her license to expire or who has had his or her license on inactive status may have his or her license restored by making application to the Department and filing proof acceptable to the Department, as defined by rule, of his or her fitness to have his or her license restored, including evidence certifying to active practice in another jurisdiction satisfactory to the Department and by paying the required restoration fee.

If the clinical psychologist has not maintained an active practice in another jurisdiction satisfactory to the Department, the Board shall determine, by an evaluation program established by rule, his or her fitness to resume active status and may require the clinical psychologist to complete a period of supervised professional experience and may require successful completion of an examination.

However, any clinical psychologist whose license expired while he or she was (1) in Federal Service on active duty with the Armed Forces of the United States, or the State Militia called into service or training, or (2) in training or education under the supervision of the United States preliminary to induction into the military service, may have his or her license renewed or restored without paying any lapsed renewal fees if within 2 years after honorable termination of such service, training or education he or she furnishes the Department with satisfactory evidence to the effect that he or she has been so engaged and that his or her service, training or education has been so terminated.

(b) Notwithstanding any other provision of law, the following requirements for restoration of an inactive or expired license of less than 5 years as set forth in subsection (a) are suspended for any licensed clinical psychologist who has had no disciplinary action taken against his or her license in this State or in any other jurisdiction during the entire period of licensure: proof of fitness, certification of active practice in another jurisdiction, and the payment of a renewal fee. An individual may not restore his or her license in accordance with this subsection more than once.

(Source: P.A. 102-1053, eff. 6-10-22.)

Section 10. The Clinical Social Work and Social Work Practice Act is amended by changing Section 11 and by adding Section 12.1 as follows:

(225 ILCS 20/11) (from Ch. 111, par. 6361)

(Section scheduled to be repealed on January 1, 2028)

Sec. 11. Licenses; renewal; restoration; person in military service; inactive status.

(a) The expiration date and renewal period for each license issued under this Act shall be set by rule. The licensee may renew a license during the 60-day period preceding its expiration date by paying the required fee and by demonstrating compliance with any continuing education requirements. The Department shall adopt rules establishing minimum requirements of continuing education and means for verification of the completion of the continuing education requirements. The Department may, by rule, specify circumstances under which the continuing education requirements may be waived. Under no circumstances shall the continuing education requirements in Section 12.1 be waived.

(b) Any person who has permitted a license to expire or who has a license on inactive status may have it restored by submitting an application to the Department and filing proof of fitness, as defined by rule, to have the license restored, including, if appropriate, evidence which is satisfactory to the Department certifying the active practice of clinical social work or social work in another jurisdiction and by paying the required fee.

(b-5) If the person has not maintained an active practice in another jurisdiction which is satisfactory to the Department, the Department shall determine the person's fitness to resume active status. The Department may also require the person to complete a specific period of evaluated clinical social work or social work experience and may require successful completion of an examination for clinical social workers.

(b-7) Notwithstanding any other provision of this Act, any person whose license expired while on active duty with the armed forces of the United States, while called into service or training with the State Militia or in training or education under the supervision of the United States government prior to induction into the military service may have the person's license restored without paying any renewal fees if, within 2 years after the honorable termination of that service, training or education, except under conditions other than honorable, the Department is furnished with satisfactory evidence that the person has been so engaged and that the service, training or education has been so terminated.

(c) A license to practice shall not be denied any applicant because of the applicant's race, religion, creed, national origin, political beliefs or activities, age, sex, sexual orientation, or physical impairment.

(d) (Blank).

(e) (Blank).

(f) (Blank).

(g) The Department shall indicate on each license the academic degree of the licensee.

(h) Notwithstanding any other provision of law, the following requirements for restoration of an inactive or expired license of 5 years or less as set forth in subsections (b) and (b-5) are suspended for any licensed clinical social worker who has had no disciplinary action taken against the licensed clinical social worker's license in this State or in any other jurisdiction during the entire period of licensure: proof of fitness, certification of active practice in another jurisdiction, and the payment of a fee or renewal fee. An individual may not restore the individual's license in accordance with this subsection more than once.

(Source: P.A. 102-326, eff. 1-1-22; 102-1053, eff. 6-10-22; 103-1048, eff. 1-1-25.)

(225 ILCS 20/12.1 new)

Sec. 12.1. Firearm Owners Identification Card Act; certification.

(a) A clinical social worker who performs mental health evaluations under subsection (u) of Section 8 of the Firearm Owners Identification Card Act must obtain a certification from the Department, to be renewed per license year, that the clinical social worker has completed all trainings as provided by this Section.

(b) The Department shall promulgate rules of continuing education for clinical social workers who perform mental health evaluations under subsection (u) of Section 8 of the Firearm Owners Identification Card Act to require 6 hours of continuing education per license year, in addition to any other continuing education requirements as required by law. In establishing these rules, the Department shall consider and incorporate guidance from the Illinois State Police and Illinois Department of Public Health. The rules shall be consistent with best practices relating to firearm safety and shall include, but are not limited to, education of the Firearm Owners Identification Card Act, safe storage of firearms, risks of firearms to individuals who are a clear and present risk to themselves or others, and actions that can be taken to alert law enforcement of individuals who own firearms and pose a clear and present risk to themselves or others. The Department shall periodically update the curriculum of continuing education as it sees fit, but, at a minimum, shall update the curriculum every 4 years.

(c) The Department shall develop and disseminate educational materials relating to this continuing education, and shall provide this continuing education as an additional option whenever the continuing education under Section 11 of this Act is provided.

(d) The Department shall certify each clinical social worker who has completed this continuing education for the license year as qualified to conduct mental health evaluations under subsection (u) of Section 8 of the Firearm Owners Identification Card Act. A clinical social worker who is not certified by the Department shall not conduct such mental health evaluations. The Department shall maintain records of certification and shall provide unrestricted access to such records with the Firearms Record Challenge Unit of the Illinois State Police.

(e) The cost of enrolling in this continuing education shall be set by the Department, by rule, and the Department of Human Services shall reimburse the Department, the Illinois State Police, and the Department of Public Health for the development, administration, and maintenance of such continuing education and any continuing education materials.

Section 15. The Marriage and Family Therapy Licensing Act is amended by adding Section 50.1 as follows:

(225 ILCS 55/50.1 new)

Sec. 50.1. Firearm Owners Identification Card Act; certification.

(a) Any marriage or family therapist who performs mental health evaluations under subsection (u) of Section 8 of the Firearm Owners Identification Card Act must obtain a certification from the Department, to be renewed per 2-year license year, that the marriage or family therapist has completed all trainings as provided by this Section.

(b) The Department shall promulgate rules of continuing education for marriage or family therapists who perform mental health evaluations under subsection (u) of Section 8 of the Firearm Owners Identification Card Act to require 6 hours of continuing education per license year, in addition to any other continuing education requirements as required by law. In establishing these rules, the Department shall consider and incorporate guidance from the Illinois State Police and Illinois Department of Public Health. The rules shall be consistent with best practices relating to firearm safety and shall include, but are not limited to, education of the Firearm Owners Identification Card Act, safe storage of firearms, risks of firearms to individuals who are a clear and present risk to themselves or others, and actions that can be taken to alert law enforcement of individuals who own firearms and pose a clear and present risk to themselves or others. The Department shall periodically update the curriculum of continuing education as it sees fit, but, at a minimum, shall update the curriculum every 4 years.

(c) The Department shall develop and disseminate educational materials relating to this continuing education, and shall provide this continuing education as an additional option whenever the continuing education under Section 45 of this Act is provided.

(d) The Department shall certify each marriage or family therapist who has completed this continuing education for the license year as qualified to conduct mental health evaluations under subsection (u) of Section 8 of the Firearm Owners Identification Card Act. A marriage or family therapist who is not certified by the Department shall not conduct such mental health evaluations. The Department shall maintain records of certification and shall provide unrestricted access to such records with the Firearms Record Challenge Unit of the Illinois State Police.

(e) The cost of enrolling in this continuing education shall be set by the Department, by rule, and the Department of Human Services shall reimburse the Department, the Illinois State Police, and the Department of Public Health for the development, administration, and maintenance of such continuing education and any continuing education materials.

Section 20. The Medical Practice Act of 1987 is amended by changing Section 20 and by adding Section 11.2 as follows:

(225 ILCS 60/11.2 new)

Sec. 11.2. Firearm Owners Identification Card Act; certification.

(a) A physician who performs mental health evaluations under subsection (u) of Section 8 of the Firearm Owners Identification Card Act must obtain a certification from the Department, to be renewed per license year, that the physician has completed all trainings as provided by this Section.

(b) The Department shall promulgate rules of continuing education for physicians who perform mental health evaluations under subsection (u) of Section 8 of the Firearm Owners Identification Card Act that require 6 hours of continuing education per license year. In establishing these rules, the Department shall consider and incorporate guidance from the Illinois State Police and Illinois Department of Public Health. The rules shall be consistent with best practices relating to firearm safety and shall include, but are not limited to, education of the Firearm Owners Identification Card Act, safe storage of firearms, risks of firearms to individuals who are a clear and present risk to themselves or others, and actions that can be taken to alert law enforcement of individuals who own firearms and pose a clear and present risk to themselves or others. The Department shall periodically update the curriculum of continuing education as it sees fit, but, at a minimum, shall update the curriculum every 4 years.

(c) The Department shall develop and disseminate educational materials relating to this continuing education, and shall provide this continuing education as an additional option whenever the continuing education under Section 20 of this Act is provided.

(d) The Department shall certify each physician who has completed this continuing education for the license year as qualified to conduct mental health evaluations under subsection (u) of Section 8 of the Firearm Owners Identification Card Act. A physician who is not certified by the Department shall not conduct such mental health evaluations. The Department shall maintain records of certification and shall provide unrestricted access to such records with the Firearms Record Challenge Unit of the Illinois State Police.

(e) The cost of enrolling in this continuing education shall be set by the Department, by rule, and the Department of Human Services shall reimburse the Department, the Illinois State Police, and the Department of Public Health for the development, administration, and maintenance of such continuing education and any continuing education materials.

(225 ILCS 60/20) (from Ch. 111, par. 4400-20)

(Section scheduled to be repealed on January 1, 2027)

Sec. 20. Continuing education.

(a) The Department shall promulgate rules of continuing education for persons licensed under this Act that require an average of 50 hours of continuing education per license year. These rules shall be consistent with requirements of relevant professional associations, specialty societies, or boards. The rules shall also address variances in part or in whole for good cause, including, but not limited to, temporary illness or hardship. In establishing these rules, the Department shall consider educational requirements for medical staffs, requirements for specialty society board certification or for continuing education requirements as a condition of membership in societies representing the 2 categories of licensee under this Act. These rules shall assure that licensees are given the opportunity to participate in those programs sponsored by or through their professional associations or hospitals which are relevant to their practice. Each licensee is responsible for maintaining records of completion of continuing education and shall be prepared to produce the records when requested by the Department.

(b) The continuing education under Section 11.2 shall be an additional requirement, in addition to the continuing education under subsection (a) of this Section, offered only to physicians who conduct mental health evaluations under subsection (u) of Section 8 of the Firearm Owners Identification Card Act.

(Source: P.A. 97-622, eff. 11-23-11.)

Section 25. The Nurse Practice Act is amended by changing Section 60-40 and by adding Section 60-45 as follows:

(225 ILCS 65/60-40)

(Section scheduled to be repealed on January 1, 2028)

Sec. 60-40. Continuing education for RN licensees. The Department may adopt rules of continuing education for registered professional nurses licensed under this Act that require 20 hours of continuing education per 2-year license renewal cycle. The rules shall address variances in part or in whole for good cause, including without limitation illness or hardship. The continuing education rules must ensure that licensees are given the opportunity to participate in programs sponsored by or through their State or national professional associations, hospitals, or other providers of continuing education. The continuing education rules must allow for a licensee to complete all required hours of continuing education in an online format. Each licensee is responsible for maintaining records of completion of continuing education and shall be prepared to produce the records when requested by the Department. The Department shall provide the additional continuing education as provided in Section 60-45 in a similar manner to the education provided by this Section, except that the continuing education as provided in Section 60-45 must include all educational materials developed by the Department, the Illinois State Police, and the Illinois Department of Public Health, as provided by subsection (b) of that Section.

(Source: P.A. 101-655, eff. 3-12-21.)

(225 ILCS 65/60-45 new)

Sec. 60-45. Firearm Owners Identification Card Act; certification.

(a) A registered nurse who performs mental health evaluations under subsection (u) of Section 8 of the Firearm Owners Identification Card Act must obtain a certification from the Department, to be renewed per 2-year license year, that the registered nurse has completed all trainings as provided by this Section.

(b) The Department shall adopt rules of continuing education for registered nurses who perform mental health evaluations under subsection (u) of Section 8 of the Firearm Owners Identification Card Act to require 6 hours of continuing education per license year, in addition to any other continuing education requirements as required by law. In establishing these rules, the Department shall consider and incorporate guidance from the Illinois State Police and Illinois Department of Public Health. The rules shall be consistent with best practices relating to firearm safety and shall include, but are not limited to, education of the Firearm Owners Identification Card Act, safe storage of firearms, risks of firearms to individuals who are a clear and present risk to themselves or others, and actions that can be taken to alert law enforcement of individuals who own firearms and pose a clear and present risk to themselves or others. The Department shall periodically update the curriculum of continuing education as it sees fit, but, at a minimum, shall update the curriculum every 4 years.

(c) The Department shall develop and disseminate educational materials relating to this continuing education, and shall provide this continuing education as an additional option whenever the continuing education under Section 60-40 of this Act is provided.

(d) The Department shall certify each registered nurse who has completed this continuing education for the license year as qualified to conduct mental health evaluations under subsection (u) of Section 8 of the Firearm Owners Identification Card Act. A registered nurse who is not certified by the Department shall not conduct such mental health evaluations. The Department shall maintain records of certification and shall provide unrestricted access to such records with the Firearms Record Challenge Unit of the Illinois State Police.

(e) The cost of enrolling in this continuing education shall be set by the Department, by rule, and the Department of Human Services shall reimburse the Department, the Illinois State Police, and the Department of Public Health for the development, administration, and maintenance of such continuing education and any continuing education materials.

Section 30. The Professional Counselor and Clinical Professional Counselor Licensing and Practice Act is amended by adding Section 55.1 as follows:

(225 ILCS 107/55.1 new)

Sec. 55.1. Firearm Owners Identification Card Act; certification

(a) A clinical professional counselor who performs mental health evaluations under subsection (u) of Section 8 of the Firearm Owners Identification Card Act must obtain a certification from the Department, to be renewed per 2-year license year, that the clinical professional counselor has completed all trainings as provided by this Section.

(b) The Department shall promulgate rules of continuing education for clinical professional counselors who perform mental health evaluations under subsection (u) of Section 8 of the Firearm Owners Identification Card Act to require 6 hours of continuing education per license year, in addition to any other continuing education requirements as required by law. In establishing these rules, the Department shall consider and incorporate guidance from the Illinois State Police and Illinois Department of Public Health. The rules shall be consistent with best practices relating to firearm safety and shall include, but are not limited to, education of the Firearm Owners Identification Card Act, safe storage of firearms, risks of firearms to individuals who are a clear and present risk to themselves or others, and actions that can be taken to alert law enforcement of individuals who own firearms and pose a clear and present risk to themselves or others. The Department shall periodically update the curriculum of continuing education as it sees fit, but, at a minimum, shall update the curriculum every 4 years.

(c) The Department shall develop and disseminate educational materials relating to this continuing education, and shall provide this continuing education as an additional option whenever the continuing education under Section 50 of this Act is provided.

(d) The Department shall certify each clinical professional counselor who has completed this continuing education for the license year as qualified to conduct mental health evaluations under subsection (u) of Section 8 of the Firearm Owners Identification Card Act. A clinical professional counselor who is not certified by the Department shall not conduct such mental health evaluations. The Department shall maintain records of certification and shall provide unrestricted access to such records with the Firearms Record Challenge Unit of the Illinois State Police.

(e) The cost of enrolling in this continuing education shall be set by the Department, by rule, and the Department of Human Services shall reimburse the Department of Public Health for the development, administration, and maintenance of such continuing education and any continuing education materials.

Section 35. The Firearm Owners Identification Card Act is amended by changing Sections 1.1 and 8 as follows:

(430 ILCS 65/1.1)

Sec. 1.1. For purposes of this Act:

"Addicted to narcotics" means a person who has been:

(1) convicted of an offense involving the use or possession of cannabis, a controlled substance, or methamphetamine within the past year; or

(2) determined by the Illinois State Police to be addicted to narcotics based upon federal law or federal guidelines.

"Addicted to narcotics" does not include possession or use of a prescribed controlled substance under the direction and authority of a physician or other person authorized to prescribe the controlled substance when the controlled substance is used in the prescribed manner.

"Adjudicated as a person with a mental disability" means the person is the subject of a determination by a court, board, commission or other lawful authority that the person, as a result of marked subnormal intelligence, or mental illness, mental impairment, incompetency, condition, or disease:

(1) presents a clear and present danger to himself, herself, or to others;

(2) lacks the mental capacity to manage his or her own affairs or is adjudicated a person with a disability as defined in Section 11a-2 of the Probate Act of 1975;

(3) is not guilty in a criminal case by reason of insanity, mental disease or defect;

(3.5) is guilty but mentally ill, as provided in Section 5-2-6 of the Unified Code of Corrections;

(4) is incompetent to stand trial in a criminal case;

(5) is not guilty by reason of lack of mental responsibility under Articles 50a and 72b of the Uniform Code of Military Justice, 10 U.S.C. 850a, 876b;

(6) is a sexually violent person under subsection (f) of Section 5 of the Sexually Violent Persons Commitment Act;

(7) is a sexually dangerous person under the Sexually Dangerous Persons Act;

(8) is unfit to stand trial under the Juvenile Court Act of 1987;

(9) is not guilty by reason of insanity under the Juvenile Court Act of 1987;

(10) is subject to involuntary admission as an inpatient as defined in Section 1-119 of the Mental Health and Developmental Disabilities Code;

(11) is subject to involuntary admission as an outpatient as defined in Section 1-119.1 of the Mental Health and Developmental Disabilities Code;

(12) is subject to judicial admission as set forth in Section 4-500 of the Mental Health and Developmental Disabilities Code; or

(13) is subject to the provisions of the Interstate Agreements on Sexually Dangerous Persons Act.

"Clear and present danger" means a person who:

(1) communicates a serious threat of physical violence against a reasonably identifiable victim or poses a clear and imminent risk of serious physical injury to himself, herself, or another person as determined by a physician, clinical psychologist, or qualified examiner; or

(2) demonstrates threatening physical or verbal behavior, such as violent, suicidal, or assaultive threats, actions, or other behavior, as determined by a physician, clinical psychologist, qualified examiner, school administrator, or law enforcement official.

"Clinical psychologist" has the meaning provided in Section 1-103 of the Mental Health and Developmental Disabilities Code, except that any clinical psychologist who conducts mental health evaluations under subsection (u) of Section 8 of this Act shall be up to date on the clinical psychologist's continuing education and must possess a valid certification, as provided by Section 12.1 of the Clinical Psychologist Licensing Act, from the Illinois Department of Financial and Professional Regulation..

"Controlled substance" means a controlled substance or controlled substance analog as defined in the Illinois Controlled Substances Act.

"Counterfeit" means to copy or imitate, without legal authority, with intent to deceive.

"Developmental disability" means a severe, chronic disability of an individual that:

(1) is attributable to a mental or physical impairment or combination of mental and physical impairments;

(2) is manifested before the individual attains age 22;

(3) is likely to continue indefinitely;

(4) results in substantial functional limitations in 3 or more of the following areas of major life activity:

(A) Self-care.

(B) Receptive and expressive language.

(C) Learning.

(D) Mobility.

(E) Self-direction.

(F) Capacity for independent living.

(G) Economic self-sufficiency; and

(5) reflects the individual's need for a combination and sequence of special, interdisciplinary, or generic services, individualized supports, or other forms of assistance that are of lifelong or extended duration and are individually planned and coordinated.

"Federally licensed firearm dealer" means a person who is licensed as a federal firearms dealer under Section 923 of the federal Gun Control Act of 1968 (18 U.S.C. 923).

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

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

(1.1) any pneumatic gun, spring gun, paint ball gun, or B-B gun which expels breakable paint balls containing washable marking colors;

(2) any device used exclusively for signaling or safety and required or recommended by the United States Coast Guard or the Interstate Commerce Commission;

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

(4) an antique firearm (other than a machine-gun) which, although designed as a weapon, the Illinois State Police finds by reason of the date of its manufacture, value, design, and other characteristics is primarily a collector's item and is not likely to be used as a weapon.

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

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

(2) any ammunition designed exclusively for use with a stud or rivet driver or other similar industrial ammunition.

"Gun show" means an event or function:

(1) at which the sale and transfer of firearms is the regular and normal course of business and where 50 or more firearms are displayed, offered, or exhibited for sale, transfer, or exchange; or

(2) at which not less than 10 gun show vendors display, offer, or exhibit for sale, sell, transfer, or exchange firearms.

"Gun show" includes the entire premises provided for an event or function, including parking areas for the event or function, that is sponsored to facilitate the purchase, sale, transfer, or exchange of firearms as described in this Section. Nothing in this definition shall be construed to exclude a gun show held in conjunction with competitive shooting events at the World Shooting Complex sanctioned by a national governing body in which the sale or transfer of firearms is authorized under subparagraph (5) of paragraph (g) of subsection (A) of Section 24-3 of the Criminal Code of 2012.

Unless otherwise expressly stated, "gun show" does not include training or safety classes, competitive shooting events, such as rifle, shotgun, or handgun matches, trap, skeet, or sporting clays shoots, dinners, banquets, raffles, or any other event where the sale or transfer of firearms is not the primary course of business.

"Gun show promoter" means a person who organizes or operates a gun show.

"Gun show vendor" means a person who exhibits, sells, offers for sale, transfers, or exchanges any firearms at a gun show, regardless of whether the person arranges with a gun show promoter for a fixed location from which to exhibit, sell, offer for sale, transfer, or exchange any firearm.

"Intellectual disability" means significantly subaverage general intellectual functioning, existing concurrently with deficits in adaptive behavior and manifested during the developmental period, which is defined as before the age of 22, that adversely affects a child's educational performance.

"Involuntarily admitted" has the meaning as prescribed in Sections 1-119 and 1-119.1 of the Mental Health and Developmental Disabilities Code.

"Mental health facility" means any licensed private hospital or hospital affiliate, institution, or facility, or part thereof, and any facility, or part thereof, operated by the State or a political subdivision thereof which provides treatment of persons with mental illness and includes all hospitals, institutions, clinics, evaluation facilities, mental health centers, colleges, universities, long-term care facilities, and nursing homes, or parts thereof, which provide treatment of persons with mental illness whether or not the primary purpose is to provide treatment of persons with mental illness.

"National governing body" means a group of persons who adopt rules and formulate policy on behalf of a national firearm sporting organization.

"Noncitizen" means a person who is not a citizen of the United States, but is a person who is a foreign-born person who lives in the United States, has not been naturalized, and is still a citizen of a foreign country.

"Patient" means:

(1) a person who is admitted as an inpatient or resident of a public or private mental health facility for mental health treatment under Chapter III of the Mental Health and Developmental Disabilities Code as an informal admission, a voluntary admission, a minor admission, an emergency admission, or an involuntary admission, unless the treatment was solely for an alcohol abuse disorder; or

(2) a person who voluntarily or involuntarily receives mental health treatment as an out-patient or is otherwise provided services by a public or private mental health facility and who poses a clear and present danger to himself, herself, or others.

"Physician" has the meaning as defined in Section 1-120 of the Mental Health and Developmental Disabilities Code, except that any physician who conducts mental health evaluations under subsection (u) of Section 8 of this Act shall be up to date on the physician's continuing education and must possess a valid certification, as provided by Section 11.2 of the Medical Practices Act of 1987, from the Illinois Department of Financial and Professional Regulation.

"Protective order" means any orders of protection issued under the Illinois Domestic Violence Act of 1986, stalking no contact orders issued under the Stalking No Contact Order Act, civil no contact orders issued under the Civil No Contact Order Act, and firearms restraining orders issued under the Firearms Restraining Order Act or a substantially similar order issued by the court of another state, tribe, or United States territory or military judge.

"Qualified examiner" has the meaning provided in Section 1-122 of the Mental Health and Developmental Disabilities Code, except that any qualified examiner who conducts mental health evaluations under subsection (u) of Section 8 of this Act shall be up to date on the qualified examiner's continuing education and must possess a valid certification, as provided by the qualified examiner's relevant licensing Act, from the Illinois Department of Financial and Professional Regulation.

"Sanctioned competitive shooting event" means a shooting contest officially recognized by a national or state shooting sport association, and includes any sight-in or practice conducted in conjunction with the event.

"School administrator" means the person required to report under the School Administrator Reporting of Mental Health Clear and Present Danger Determinations Law.

"Stun gun or taser" has the meaning ascribed to it in Section 24-1 of the Criminal Code of 2012.

(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; 102-813, eff. 5-13-22; 102-890, eff. 5-19-22; 102-972, eff. 1-1-23; 102-1030, eff. 5-27-22; 103-154, eff. 6-30-23; 103-407, eff. 7-28-23.)

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

Sec. 8. Grounds for denial and revocation. The Illinois State Police has authority to deny an application for or to revoke and seize a Firearm Owner's Identification Card previously issued under this Act only if the Illinois State Police finds that the applicant or the person to whom such card was issued is or was at the time of issuance:

(a) A person under 21 years of age who has been convicted of a misdemeanor other than a traffic offense or adjudged delinquent;

(b) This subsection (b) applies through the 180th day following July 12, 2019 (the effective date of Public Act 101-80). A person under 21 years of age who does not have the written consent of his parent or guardian to acquire and possess firearms and firearm ammunition, or whose parent or guardian has revoked such written consent, or where such parent or guardian does not qualify to have a Firearm Owner's Identification Card;

(b-5) This subsection (b-5) applies on and after the 181st day following July 12, 2019 (the effective date of Public Act 101-80). A person under 21 years of age who is not an active duty member of the United States Armed Forces or the Illinois National Guard and does not have the written consent of his or her parent or guardian to acquire and possess firearms and firearm ammunition, or whose parent or guardian has revoked such written consent, or where such parent or guardian does not qualify to have a Firearm Owner's Identification Card;

(c) A person convicted of a felony under the laws of this or any other jurisdiction;

(d) A person addicted to narcotics;

(e) A person who has been a patient of a mental health facility within the past 5 years or a person who has been a patient in a mental health facility more than 5 years ago who has not received the certification required under subsection (u) of this Section. An active law enforcement officer employed by a unit of government or a Department of Corrections employee authorized to possess firearms who is denied, revoked, or has his or her Firearm Owner's Identification Card seized under this subsection (e) may obtain relief as described in subsection (c-5) of Section 10 of this Act if the officer or employee did not act in a manner threatening to the officer or employee, another person, or the public as determined by the treating clinical psychologist or physician, and the officer or employee seeks mental health treatment;

(f) A person whose mental condition is of such a nature that it poses a clear and present danger to the applicant, any other person or persons, or the community;

(g) A person who has an intellectual disability;

(h) A person who intentionally makes a false statement in the Firearm Owner's Identification Card application or endorsement affidavit;

(i) A noncitizen who is unlawfully present in the United States under the laws of the United States;

(i-5) A noncitizen who has been admitted to the United States under a non-immigrant visa (as that term is defined in Section 101(a)(26) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(26))), except that this subsection (i-5) does not apply to any noncitizen who has been lawfully admitted to the United States under a non-immigrant visa if that noncitizen is:

(1) admitted to the United States for lawful hunting or sporting purposes;

(2) an official representative of a foreign government who is:

(A) accredited to the United States Government or the Government's mission to an international organization having its headquarters in the United States; or

(B) en route to or from another country to which that noncitizen is accredited;

(3) an official of a foreign government or distinguished foreign visitor who has been so designated by the Department of State;

(4) a foreign law enforcement officer of a friendly foreign government entering the United States on official business; or

(5) one who has received a waiver from the Attorney General of the United States pursuant to 18 U.S.C. 922(y)(3);

(j) (Blank);

(k) A person who has been convicted within the past 5 years of battery, assault, aggravated assault, violation of an order of protection, or a substantially similar offense in another jurisdiction, in which a firearm was used or possessed;

(l) A person who has been convicted of domestic battery, aggravated domestic battery, or a substantially similar offense in another jurisdiction committed before, on or after January 1, 2012 (the effective date of Public Act 97-158). If the applicant or person who has been previously issued a Firearm Owner's Identification Card under this Act knowingly and intelligently waives the right to have an offense described in this paragraph (l) tried by a jury, and by guilty plea or otherwise, results in a conviction for an offense in which a domestic relationship is not a required element of the offense but in which a determination of the applicability of 18 U.S.C. 922(g)(9) is made under Section 112A-11.1 of the Code of Criminal Procedure of 1963, an entry by the court of a judgment of conviction for that offense shall be grounds for denying an application for and for revoking and seizing a Firearm Owner's Identification Card previously issued to the person under this Act;

(m) (Blank);

(n) A person who is prohibited from acquiring or possessing firearms or firearm ammunition by any Illinois State statute or by federal law;

(o) A minor subject to a petition filed under Section 5-520 of the Juvenile Court Act of 1987 alleging that the minor is a delinquent minor for the commission of an offense that if committed by an adult would be a felony;

(p) An adult who had been adjudicated a delinquent minor under the Juvenile Court Act of 1987 for the commission of an offense that if committed by an adult would be a felony;

(q) A person who is not a resident of the State of Illinois, except as provided in subsection (a-10) of Section 4;

(r) A person who has been adjudicated as a person with a mental disability;

(s) A person who has been found to have a developmental disability;

(t) A person involuntarily admitted into a mental health facility; or

(u) A person who has had his or her Firearm Owner's Identification Card revoked or denied under subsection (e) of this Section or item (iv) of paragraph (2) of subsection (a) of Section 4 of this Act because he or she was a patient in a mental health facility as provided in subsection (e) of this Section, shall not be permitted to obtain a Firearm Owner's Identification Card, after the 5-year period has lapsed, unless he or she has received a mental health evaluation by a physician, clinical psychologist, or qualified examiner as those terms are defined in the Mental Health and Developmental Disabilities Code, and has received a certification that he or she is not a clear and present danger to himself, herself, or others. The person receiving a mental health evaluation shall provide all collateral records to the physician, clinical psychologist, or qualified examiner making the certification and the person shall attest, by signature, that all collateral records have been provided to the evaluator prior to the mental health evaluation. The physician, clinical psychologist, or qualified examiner making the certification and his or her employer shall not be held criminally, civilly, or professionally liable for making or not making the certification required under this subsection, except for willful or wanton misconduct. This subsection does not apply to a person whose firearm possession rights have been restored through administrative or judicial action under Section 10 or 11 of this Act.

Upon revocation of a person's Firearm Owner's Identification Card, the Illinois State Police shall provide notice to the person and the person shall comply with Section 9.5 of this Act.

(Source: P.A. 101-80, eff. 7-12-19; 102-538, eff. 8-20-21; 102-645, eff. 1-1-22; 102-813, eff. 5-13-22; 102-1030, eff. 5-27-22; 102-1116, eff. 1-10-23.)

Section 40. The Mental Health and Developmental Disabilities Confidentiality Act is amended by adding Section 8.2 as follows:

(740 ILCS 110/8.2 new)

Sec. 8.2. Investigators and attorneys employed by the Department of Financial and Professional Regulation; inspection and copying of recipient records. An investigator or attorney employed by the Department of Financial and Professional Regulation investigating any provider of mental health or developmental disabilities services who is a licensee of the Department shall be entitled to inspect and copy a recipient record or any part thereof upon the presentation of a Department subpoena. A subpoena for records issued to a federally assisted substance use disorder program as defined in 42 CFR 2.12(b) must be accompanied by a court order if required by 42 CFR 2.66. The Department shall notify recipients upon receiving records obtained via subpoena. Nothing in this Act prohibits the use of a recipients records in an administrative proceeding conducted by the Department.