summary
Introduced
01/24/2025
01/24/2025
In Committee
01/24/2025
01/24/2025
Crossed Over
Passed
Dead
Introduced Session
104th General Assembly
Bill Summary
Amends the Firearm Owners Identification Card Act. Provides that notwithstanding any other provision of the Act to the contrary, on or after the effective date of the amendatory Act, the Illinois State Police may not revoke a Firearm Owner's Identification Card. Provides that on or after the effective date of the amendatory Act, a Firearm Owner's Identification Card may only be revoked after a Firearm Owner's Identification Card hearing has been held in the circuit court of the county of residence of the person whose Firearm Owner's Identification Card is sought to be revoked. Provides that if the State's Attorney of the county of residence of the person whose Firearm Owner's Identification Card is sought to be revoked has probable cause to believe that the person who has been issued a Firearm Owner's Identification Card is no longer eligible for the Card under the Act, the State's Attorney shall file a petition in the circuit court of the county of residence of the person whose Card is sought to be revoked. Provides that at the hearing, the person may present evidence in his or her favor seeking retention of his or her Firearm Owner's Identification Card and the Illinois State Police and State's Attorney may present evidence for revocation. Provides that the hearing shall be a civil proceeding and subject to due process, the Code of Civil Procedure, and the Illinois Rules of Evidence as adopted by the Supreme Court. Provides that the hearing shall be held within 45 days after the filing of the petition. Provides that if the circuit court determines, by clear and convincing evidence, that the person is ineligible for retention of his or her Firearm Owner's Identification Card under the Act, the court shall order the Illinois State Police to immediately revoke the Card and the circuit clerk shall seize the Card and transmit the Card to the Illinois State Police. Establishes procedures for the Illinois State Police to suspend a Firearm Owner's Identification Card Act.
AI Summary
This bill amends the Firearm Owners Identification Card (FOID) Act to fundamentally change the process for revoking a FOID card. Previously, the Illinois State Police could directly revoke a FOID card, but now they are prohibited from doing so. Instead, the State's Attorney of the county where the card holder resides must file a petition in circuit court if they have probable cause to believe the person is no longer eligible for a FOID card. The hearing will be a civil proceeding subject to due process, the Code of Civil Procedure, and Illinois Rules of Evidence. At the hearing, the card holder can present evidence supporting retention of their card, while the Illinois State Police and State's Attorney can present evidence for revocation. The court must determine by clear and convincing evidence whether the person is ineligible for the FOID card. If the court finds the person ineligible, it will order the Illinois State Police to immediately revoke the card, with the circuit clerk seizing and transmitting the card to the Illinois State Police. This change shifts the power of FOID card revocation from an administrative process to a judicial one, providing card holders with a more formal opportunity to contest potential revocation.
Sponsors (2)
Last Action
Added as Co-Sponsor Sen. Chris Balkema (on 05/16/2025)
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://www.ilga.gov/legislation/BillStatus.asp?DocNum=1219&GAID=18&DocTypeID=SB&SessionID=114&GA=104 |
| BillText | https://www.ilga.gov/legislation/104/SB/10400SB1219.htm |
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