102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB5766
 
Introduced , by Rep. Deb Conroy
 
SYNOPSIS AS INTRODUCED:








430 ILCS 65/8 from Ch. 38, par. 83-8
430 ILCS 65/8.1 from Ch. 38, par. 83-8.1

 Amends the Firearm Owners Identification Card Act. Provides that a minor who causes or attempts to cause physical self-harm or harm to another is subject to the denial of an application for or the revocation and seizure of a Firearm Owner's Identification Card. Provides that until the age of 24 years, such a person is presumed to be a person whose mental condition is of such a nature that it poses
a clear and present danger. Provides that a physician, clinical psychologist, qualified examiner, law enforcement official, school administrator, or other person who has knowledge of a minor causing or attempting to cause physical self-harm or harm to another shall report the incident to the Department of Human Services. Effective immediately.



LRB102 28234 RJT 40059 b


 
 
A BILL FOR
 


HB5766LRB102 28234 RJT 40059 b



1 AN ACT concerning safety.


2 Be it enacted by the People of the State of Illinois,

3represented in the General Assembly:



4 Section 1. This Act may be referred to as the FOID White 
5Flag Act. 

6 Section 5. The Firearm Owners Identification Card Act is 
7amended by changing Sections 8 and 8.1 as follows:



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

9 Sec. 8. Grounds for denial and revocation. The Illinois 
10State Police has authority to deny an
application for or to 
11revoke and seize a Firearm Owner's Identification
Card 
12previously issued under this Act only if the Illinois State 
13Police Department finds that the
applicant or the person to 
14whom such card was issued is or was at the time
of issuance:

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

18  (b) This subsection (b) applies through the 180th day 
19 following July 12, 2019 (the effective date of Public Act 
20 101-80) this amendatory Act of the 101st General Assembly. 
21 A person under 21 years of age who does not have the 
22 written consent
of his parent or guardian to acquire and 
 
 
HB5766- 2 -LRB102 28234 RJT 40059 b


1 possess firearms and firearm
ammunition, or whose parent 
2 or guardian has revoked such written consent,
or where 
3 such parent or guardian does not qualify to have a Firearm 
4 Owner's
Identification Card;
5  (b-5) This subsection (b-5) applies on and after the 
6 181st day following July 12, 2019 (the effective date of 
7 Public Act 101-80) this amendatory Act of the 101st 
8 General Assembly. A person under 21 years of age who is not 
9 an active duty member of the United States Armed Forces 
10 and does not have the written consent
of his or her parent 
11 or guardian to acquire and possess firearms and firearm

12 ammunition, or whose parent or guardian has revoked such 
13 written consent,
or where such parent or guardian does not 
14 qualify to have a Firearm Owner's
Identification Card; 

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

17  (d) A person addicted to narcotics;

18  (e) A person who has been a patient of a mental health 
19 facility within the
past 5 years or a person who has been a 
20 patient in a mental health facility more than 5 years ago 
21 who has not received the certification required under 
22 subsection (u) of this Section. An active law enforcement 
23 officer employed by a unit of government or a Department 
24 of Corrections employee authorized to possess firearms who 
25 is denied, revoked, or has his or her Firearm Owner's 
26 Identification Card seized under this subsection (e) may 
 
 
HB5766- 3 -LRB102 28234 RJT 40059 b


1 obtain relief as described in subsection (c-5) of Section 
2 10 of this Act if the officer or employee did not act in a 
3 manner threatening to the officer or employee, another 
4 person, or the public as determined by the treating 
5 clinical psychologist or physician, and the officer or 
6 employee seeks mental health treatment;

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

10  (f-5) A minor who has caused or attempted to cause 
11 physical self-harm or harm to another. There is a 
12 rebuttable presumption that a person who is ineligible for 
13 a Firearm Owner's Identification Card under this 
14 subsection is also ineligible under subsection (f) until 
15 the age of 24 years; 
16  (g) A person who has an intellectual disability;

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

19  (i) An alien who is unlawfully present in
the United 
20 States under the laws of the United States;

21  (i-5) An alien who has been admitted to the United 
22 States under a
non-immigrant visa (as that term is defined 
23 in Section 101(a)(26) of the
Immigration and Nationality 
24 Act (8 U.S.C. 1101(a)(26))), except that this
subsection 
25 (i-5) does not apply to any alien who has been lawfully 
26 admitted to
the United States under a non-immigrant visa 
 
 
HB5766- 4 -LRB102 28234 RJT 40059 b


1 if that alien is:

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

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

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

9 States; or

10    (B) en route to or from another country to 
11 which that alien is
accredited;

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

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

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

21  (j) (Blank);

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

26 used or possessed;

 
 
HB5766- 5 -LRB102 28234 RJT 40059 b


1  (l) A person who has been convicted of domestic 
2 battery, aggravated domestic battery, or a substantially

3 similar offense in another jurisdiction committed before, 
4 on or after January 1, 2012 (the effective date of Public 
5 Act 97-158). If the applicant or person who has been 
6 previously issued a Firearm Owner's Identification Card 
7 under this Act knowingly and intelligently waives the 
8 right to have an offense described in this paragraph (l) 
9 tried by a jury, and by guilty plea or otherwise, results 
10 in a conviction for an offense in which a domestic 
11 relationship is not a required element of the offense but 
12 in which a determination of the applicability of 18 U.S.C. 
13 922(g)(9) is made under Section 112A-11.1 of the Code of 
14 Criminal Procedure of 1963, an entry by the court of a 
15 judgment of conviction for that offense shall be grounds 
16 for denying an application for and for revoking and 
17 seizing a Firearm Owner's Identification Card previously 
18 issued to the person under this Act;

19  (m) (Blank);

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

23  (o) A minor subject to a petition filed under Section 
24 5-520 of the
Juvenile Court Act of 1987 alleging that the 
25 minor is a delinquent minor for
the commission of an 
26 offense that if committed by an adult would be a felony;


 
 
HB5766- 6 -LRB102 28234 RJT 40059 b


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

5  (q) A person who is not a resident of the State of 
6 Illinois, except as provided in subsection (a-10) of 
7 Section 4; 
8  (r) A person who has been adjudicated as a person with 
9 a mental disability; 
10  (s) A person who has been found to have a 
11 developmental disability; 
12  (t) A person involuntarily admitted into a mental 
13 health facility; or 
14  (u) A person who has had his or her Firearm Owner's 
15 Identification Card revoked or denied under subsection (e) 
16 of this Section or item (iv) of paragraph (2) of 
17 subsection (a) of Section 4 of this Act because he or she 
18 was a patient in a mental health facility as provided in 
19 subsection (e) of this Section, shall not be permitted to 
20 obtain a Firearm Owner's Identification Card, after the 
21 5-year period has lapsed, unless he or she has received a 
22 mental health evaluation by a physician, clinical 
23 psychologist, or qualified examiner as those terms are 
24 defined in the Mental Health and Developmental 
25 Disabilities Code, and has received a certification that 
26 he or she is not a clear and present danger to himself, 
 
 
HB5766- 7 -LRB102 28234 RJT 40059 b


1 herself, or others. The physician, clinical psychologist, 
2 or qualified examiner making the certification and his or 
3 her employer shall not be held criminally, civilly, or 
4 professionally liable for making or not making the 
5 certification required under this subsection, except for 
6 willful or wanton misconduct. This subsection does not 
7 apply to a person whose firearm possession rights have 
8 been restored through administrative or judicial action 
9 under Section 10 or 11 of this Act. 
10 Upon revocation of a person's Firearm Owner's 
11Identification Card, the Illinois State Police shall provide 
12notice to the person and the person shall comply with Section 
139.5 of this Act. 
14(Source: P.A. 101-80, eff. 7-12-19; 102-538, eff. 8-20-21; 
15102-645, eff. 1-1-22; revised 10-14-21.)




16 (430 ILCS 65/8.1) (from Ch. 38, par. 83-8.1)



17 Sec. 8.1. Notifications to the Illinois State Police.

18 (a) The Circuit Clerk shall, in the form and manner 
19required by the
Supreme Court, notify the Illinois State 
20Police of all final dispositions
of cases for which the 
21Department has received information reported to it under

22Sections 2.1 and 2.2 of the Criminal Identification Act.

23 (b) Upon adjudication of any individual as a person with a 
24mental disability as defined in Section 1.1 of this Act or a 
25finding that a person has been involuntarily admitted, the 
 
 
HB5766- 8 -LRB102 28234 RJT 40059 b


1court shall direct the circuit court clerk to immediately 
2notify the Illinois State Police, Firearm Owner's 
3Identification (FOID) department, and shall forward a copy of 
4the court order to the Department. 
5 (b-1) Beginning July 1, 2016, and each July 1 and December 
630 of every year thereafter, the circuit court clerk shall, in 
7the form and manner prescribed by the Illinois State Police, 
8notify the Illinois State Police, Firearm Owner's 
9Identification (FOID) department if the court has not directed 
10the circuit court clerk to notify the Illinois State Police, 
11Firearm Owner's Identification (FOID) department under 
12subsection (b) of this Section, within the preceding 6 months, 
13because no person has been adjudicated as a person with a 
14mental disability by the court as defined in Section 1.1 of 
15this Act or if no person has been involuntarily admitted. The 
16Supreme Court may adopt any orders or rules necessary to 
17identify the persons who shall be reported to the Illinois 
18State Police under subsection (b), or any other orders or 
19rules necessary to implement the requirements of this Act. 
20 (c) The Department of Human Services shall, in the form 
21and manner prescribed by the Illinois State Police, report all 
22information collected under subsection (b) of Section 12 of 
23the Mental Health and Developmental Disabilities 
24Confidentiality Act for the purpose of determining whether a 
25person who may be or may have been a patient in a mental health 
26facility is disqualified under State or federal law from 
 
 
HB5766- 9 -LRB102 28234 RJT 40059 b


1receiving or retaining a Firearm Owner's Identification Card, 
2or purchasing a weapon.
3 (d) If a person (i) is determined to pose a clear and 
4present danger to himself, herself, or to others; or (ii) is 
5determined to be a minor who has caused or attempted to cause 
6physical self-harm or harm to another:
7  (1) by a physician, clinical psychologist, or 
8 qualified examiner, or is determined to have a 
9 developmental disability by a physician, clinical 
10 psychologist, or qualified examiner, whether employed by 
11 the State or privately, then the physician, clinical 
12 psychologist, or qualified examiner shall, within 24 hours 
13 of making the determination, notify the Department of 
14 Human Services that the person (i) poses a clear and 
15 present danger or has a developmental disability; or (ii) 
16 is a minor who was observed causing or attempting to cause 
17 physical self-harm or harm to another; or
18  (2) by a law enforcement official or school 
19 administrator, then the law enforcement official or school 
20 administrator shall, within 24 hours of making the 
21 determination, notify the Illinois State Police that the 
22 person (i) poses a clear and present danger; or (ii) is a 
23 minor who was observed causing or attempting to cause 
24 physical self-harm or harm to another; or . 
25  (3) by any person not listed in paragraph (1) or (2) 
26 who observes a minor causing or attempting to cause 
 
 
HB5766- 10 -LRB102 28234 RJT 40059 b


1 physical self-harm or harm to another, then the person 
2 shall notify the Department of Human Services of the facts 
3 and circumstances of the incident. 
4 The Department of Human Services shall immediately update 
5its records and information relating to mental health and 
6developmental disabilities, and if appropriate, shall notify 
7the Illinois State Police in a form and manner prescribed by 
8the Illinois State Police. The Illinois State Police shall 
9determine whether to revoke the person's Firearm Owner's 
10Identification Card under Section 8 of this Act. Any 
11information disclosed under this subsection shall remain 
12privileged and confidential, and shall not be redisclosed, 
13except as required under subsection (e) of Section 3.1 of this 
14Act, nor used for any other purpose. The method of providing 
15this information shall guarantee that the information is not 
16released beyond what is necessary for the purpose of this 
17Section and shall be provided by rule by the Department of 
18Human Services. The identity of the person reporting under 
19this Section shall not be disclosed to the subject of the 
20report. The physician, clinical psychologist, qualified 
21examiner, law enforcement official, or school administrator, 
22or other person making the determination and his or her 
23employer shall not be held criminally, civilly, or 
24professionally liable for making or not making the 
25notification required under this subsection, except for 
26willful or wanton misconduct.
 
 
HB5766- 11 -LRB102 28234 RJT 40059 b


1 (e) The Illinois State Police shall adopt rules to 
2implement this Section. 
3(Source: P.A. 102-538, eff. 8-20-21.)



4 Section 99. Effective date. This Act takes effect upon 
5becoming law.