Illinois FOID and CCL Changes for 2022

FOID card changes: HB562 enacts several changes to the Firearm Owner Identification card law. Among other things, it provides for a streamlined renewal process for FOID cards and Concealed Carry Licenses for people who voluntarily submit fingerprint records. It also allows the Illinois State Police to issue a combined FOID card and Concealed Carry License to qualified applicants, and it establishes a new Violent Crime Intelligence Task Force to take enforcement action against people with revoked FOID cards.

 

HB562 “…Replaces everything after the enacting clause. Amends the Illinois Criminal Justice Information Act. Creates the Firearm Prohibitors and Records Improvement Task Force to identify and research all available grants, resources, and revenue that may be applied for and used by all entities responsible for reporting federal and State firearms prohibitors to the Illinois State Police and the National Instant Criminal Background Check System. Provides that under the Firearm Owners Identification Card Act, these reporting entities include, but are not limited to, hospitals, courts, law enforcement and corrections. Provides that the Illinois Criminal Justice Information Authority shall provide administrative and other support to the Task Force.

“Provides that the Task Force shall meet in person or virtually and shall issue a written report of its findings and recommendations to the General Assembly on or before July 1, 2022. Repeals Task Force provisions on July 1, 2023. Amends the Gun Trafficking Information Act. Provides that the Illinois State Police shall audit current practice to assess actual data collection and reporting, and propose policy and practice recommendations to meet implementation and policy maker needs, including but not limited to: (1) Firearm Owner's Identification Card and concealed carry license applications, revocations, and firearm dispossessions; (2) Firearm trace data; (3) Usage of firearms restraining orders and domestic violence orders of protection; and (4) Firearm Dealer License Certifications and related inspections. Amends the Department of State Police Law of the Civil Administrative Code of Illinois.

“Provides that the Illinois State Police shall establish a portal for use by federal, State, or local law enforcement agencies, including Offices of the State's Attorneys and the Office of the Attorney General to capture a report of persons whose Firearm Owner's Identification Cards have been revoked or suspended. Provides that the portal is for law enforcement purposes only.

“Amends the Firearm Owners Identification Card Act. Provides that the Illinois State Police shall develop an Internet-based system upon which the serial numbers of firearms that have been reported stolen are available for public access for individuals to ensure any firearms are not reported stolen prior to the sale or transfer of a firearm under this provision concerning transfer of firearms. The Illinois State Police shall have the Internet-based system completed and available for use by July 1, 2022. The Department shall adopt rules not inconsistent with this Section to implement this system. Provides that beginning January 1, 2024, any person who is not a federally licensed firearm dealer shall, before selling or transferring the firearms, contact the Illinois State Police with the transferee's or purchaser's Firearm Owner's Identification Card number to determine the validity of the transferee's or purchaser's Firearm Owner's Identification Card and initiate and complete an automated search of its criminal history record information files and those of the Federal Bureau of Investigation, including the National Instant Criminal Background Check System, and of the files of the Department of Human Services relating to mental health and developmental disabilities to obtain any felony conviction or patient hospitalization information which would disqualify a person from obtaining or require revocation of a currently valid Firearm Owner's Identification Card.

“Provides that the Illinois State Police shall develop an Internet-based system to conduct this check. Provides that each applicant for the issuance of a Firearm Owner's Identification Card may include a full set of his or her fingerprints in electronic format to the Illinois State Police. Provides that a Firearm Owner's Identification Card of a licensee under the Firearm Concealed Carry Act shall not expire during the term of the licensee's concealed carry license.

“Provides that the Illinois State Police shall deny an application or shall revoke and seize a Firearm Owner's Identification Card previously issued under the Act if the Illinois State Police finds that the applicant or person to whom such card was issued is or was at the time of issuance subject to a civil no contact order or a stalking no contact order. Provides that if a person who possesses a combined Firearm Owner's Identification Card and a concealed carry license becomes subject to suspension or revocation under the Firearm Concealed Carry Act but is otherwise eligible for a valid Firearm Owner's Identification Card, the Illinois State Police shall ensure the person's Firearm Owner's Identification Card status is not interrupted.

“Provides for email notifications and text messages from the Illinois State Police upon request of an applicant or Card holder. Creates expanded rulemaking authority for the Illinois State Police concerning the Firearm Owners Identification Card Act and the Firearm Concealed Carry Act. Provides that the Illinois State Police shall continuously monitor relevant State and federal databases for firearms prohibitors and correlate those records with concealed carry license holders to ensure compliance with this Act and any other State and federal laws. Defines ‘firearms prohibitor.’ Amends the Wildlife Code. Provides in various provisions an exemption to carry a firearm on Department of Natural Resources property in accordance with the Firearm Concealed Carry Act. Makes conforming changes in various other Acts. Certain provisions take effect January 1, 2024…”