HB3496 104TH GENERAL ASSEMBLY

LRB104 07193 BDA 17230 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB3496

Introduced 2/18/2025, by Rep. Justin Slaughter

SYNOPSIS AS INTRODUCED:

430 ILCS 65/5	from Ch. 38, par. 83-5
430 ILCS 65/8.6 new

Amends the Firearm Owners Identification Card Act. Provides that a person charged with certain weapon-related offenses under the Criminal Code of 2012 and sentenced to the First Time Weapons Offense Program under the Unified Code of Corrections or any other court-ordered diversionary program created by law or by a court of the State of Illinois may submit an application for a Firearm Owner's Identification Card before receiving a court order demonstrating completion of the program. Directs the Illinois State Police to issue a Firearm Owner's Identification Card to such a person upon receiving a court order demonstrating completion of the program, provided the person is otherwise eligible to receive a Firearm Owner's Identification Card. Specifies that a FOID application made under this provision shall be approved or denied within 10 business days of receiving a court order or written notification from a State's Attorney that the person completed a diversionary program.

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 Firearm Owners Identification Card Act is amended by changing Section 5 and by adding Section 8.6 as follows:

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

Sec. 5. Application and renewal.

(a) The Illinois State Police shall either approve or deny all applications within 30 days from the date they are received, except as provided in subsections (b), and (c), and (c-5), and every applicant found qualified under Section 8 of this Act by the Illinois State Police shall be entitled to a Firearm Owner's Identification Card upon the payment of a $10 fee and applicable processing fees. The processing fees shall be limited to charges by the State Treasurer for using the electronic online payment system. Any applicant who is an active duty member of the Armed Forces of the United States, a member of the Illinois National Guard, or a member of the Reserve Forces of the United States is exempt from the application fee. $5 of each fee derived from the issuance of a Firearm Owner's Identification Card or renewals thereof shall be deposited in the State Police Firearm Services Fund and $5 into the State Police Firearm Enforcement Fund.

(b) Renewal applications shall be approved or denied within 60 business days, provided the applicant submitted his or her renewal application prior to the expiration of his or her Firearm Owner's Identification Card. If a renewal application has been submitted prior to the expiration date of the applicant's Firearm Owner's Identification Card, the Firearm Owner's Identification Card shall remain valid while the Illinois State Police processes the application, unless the person is subject to or becomes subject to revocation under this Act. The cost for a renewal application shall be $10 and may include applicable processing fees, which shall be limited to charges by the State Treasurer for using the electronic online payment system, which shall be deposited into the State Police Firearm Services Fund.

(c) If the Firearm Owner's Identification Card of a licensee under the Firearm Concealed Carry Act expires during the term of the licensee's concealed carry license, the Firearm Owner's Identification Card and the license remain valid and the licensee does not have to renew his or her Firearm Owner's Identification Card during the duration of the concealed carry license. Unless the Illinois State Police has reason to believe the licensee is no longer eligible for the card, the Illinois State Police may automatically renew the licensee's Firearm Owner's Identification Card and send a renewed Firearm Owner's Identification Card to the licensee.

(c-5) Applications subject to Section 8.6 shall be approved or denied within 10 business days of receiving a court order or written notification from a State's Attorney that the person completed a diversionary program.

(d) The Illinois State Police may adopt rules concerning the use of voluntarily submitted fingerprints, as allowed by State and federal law.

(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; 102-813, eff. 5-13-22; 103-609, eff. 7-1-24.)

(430 ILCS 65/8.6 new)

Sec. 8.6. Unlawful use of a weapon offense diversionary programs. A person charged with an unlawful use of weapons offense under Section 24-1 of the Criminal Code of 2012 or aggravated unlawful use of a weapon offense under Section 24-1.6 of the Criminal Code of 2012 and sentenced to the First Time Weapons Offense Program under Section 5-6-3.6 of the Unified Code of Corrections or any other court-ordered diversionary program created by law or by a court of the State of Illinois may submit an application for a Firearm Owner's Identification Card prior to receiving a court order demonstrating completion of the program. The Illinois State Police shall issue a Firearm Owner's Identification Card to such person upon receiving a court order demonstrating completion of the program, provided the person is otherwise eligible to receive a Firearm Owner's Identification Card. Nothing in this Section shall prohibit the Illinois State Police from denying an application for or revoking a Firearm Owner's Identification Card as provided by law.