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IL HB4061

IL HB4061
FOID-CLEAR AND PRESENT DANGER


summary

Introduced
05/21/2025
In Committee
05/21/2025
Crossed Over
Passed
Dead

Introduced Session

104th General Assembly

Bill Summary

Amends the Firearm Owners Identification Card Act. Provides that the Illinois State Police must deny the application or suspend or revoke a person's Firearm Owner's Identification Card upon receipt of a report from the Department of Human Services that an applicant or owner poses a clear and present danger. Requires the Department of Human Services to provide by rule for such a report. Makes similar changes if a law enforcement or school administrator notifies the Illinois State Police that a person poses a clear and present danger. Requires any information disclosed under the Act to be confidential. Prohibits the information from being redisclosed or used for any other purpose except as otherwise allowed by law. Provides that the identity of the reporting person may be disclosed only to the subject of the report if required by the Firearm Owner's Identification Card Review Board or a court as authorized under the Act. Requires that no later than January 1, 2026, the Firearm Owner's Identification Card Review Board must establish a process by which any person who is subject to the provisions of the Act can request expedited review from the Board. Requires that the Illinois State Police must provide the Board or any court with jurisdiction all records relevant to the request for relief. Allows the Illinois State Police and the individual seeking expedited relief to seek judicial review upon receipt of a final administrative decision under the Act. Provides that the Board, Illinois State Police, or employees and agents of the Board and Illinois State Police participating in the process under the Act may not be held liable for damages in any civil action arising from the alleged wrongful or improper granting, denying, renewing, revoking, suspending, or failing to grant, deny, renew, revoke, or suspend a Firearm Owner's Identification Card.

AI Summary

This bill amends the Firearm Owners Identification (FOID) Card Act to enhance the process for denying, suspending, or revoking firearm ownership identification cards based on potential mental health risks. Specifically, the bill requires the Illinois State Police to deny, suspend, or revoke a FOID card if the Department of Human Services, a law enforcement official, or a school administrator reports that an individual poses a clear and present danger. The bill establishes a new process for reporting such dangers, mandating that physicians, clinical psychologists, law enforcement officials, and school administrators notify authorities within 24 hours of determining a person poses a risk. Any information disclosed under these provisions must remain confidential and cannot be redisclosed except under specific circumstances. The bill also creates an expedited review process through the Firearm Owner's Identification Card Review Board, which must be established by January 1, 2026, allowing individuals to challenge their card's status. Additionally, the bill provides civil immunity to the Board, Illinois State Police, and their employees for actions taken in good faith regarding FOID card decisions. The legislation aims to balance public safety concerns with individual rights by creating a structured process for assessing potential risks while providing mechanisms for individuals to seek review of decisions affecting their firearm ownership rights.

Sponsors (1)

Last Action

Referred to Rules Committee (on 05/21/2025)

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