Illinois 2025-2026 Regular Session

Illinois Senate Bill SB1219

Introduced
1/24/25  

Caption

FOID-REVOCATION-SUSPENSION

Summary

SB1219 would substantially change the Illinois Firearm Owner’s Identification (FOID) Card Act by removing the Illinois State Police’s authority to revoke a FOID card on its own. Under the bill, revocation could occur only after a hearing in the circuit court of the cardholder’s county of residence, initiated by the State’s Attorney upon probable cause that the person is no longer eligible under the Act. The hearing would be a civil proceeding governed by due process, the Code of Civil Procedure, and the Illinois Rules of Evidence, and it would have to be held within 45 days of the petition. The court would need to find ineligibility by clear and convincing evidence before ordering revocation and seizure of the card. The bill also creates procedures for suspension of a FOID card and preserves existing disqualification categories in the Act, including felony convictions, domestic violence-related offenses, mental health disqualifications, protective orders, immigration-related prohibitions, and other statutory bars. It retains and cross-references the existing appeal and relief framework in Section 10, including the Firearm Owner’s Identification Card Review Board and court-based relief for certain prohibited persons, while adding a new court-centered process specifically for revocation. The measure would shift the practical decision-making authority for revocation away from the Illinois State Police and toward the courts and State’s Attorneys. In terms of impact on state law, SB1219 would amend Sections 8, 8.1, 8.2, 8.3, and 10 of the FOID Card Act. It would alter the revocation process, require prosecutorial involvement, and impose procedural deadlines and evidentiary standards for revocation hearings. It would also affect the Illinois State Police’s administrative role by limiting its direct revocation authority and requiring it to act through court outcomes, while still allowing it to deny applications and administer suspensions and related notices under the Act. There is no recorded committee transcript or vote history provided, so the overall sentiment cannot be measured from formal debate or roll calls. Based on the bill text alone, the proposal appears to reflect a pro-gun-owner, due-process-oriented approach that would be attractive to supporters of stronger judicial oversight and more procedural protections before firearm rights are taken away. At the same time, it would likely draw concern from gun-safety advocates and law enforcement administrators who may view the bill as making revocation slower, more burdensome, and less flexible for public-safety interventions. The main point of contention is the transfer of revocation authority from the Illinois State Police to the circuit courts and State’s Attorneys. Supporters would likely argue that a court hearing and clear-and-convincing-evidence standard better protects individual rights and prevents administrative overreach. Opponents would likely argue that the bill could delay removal of firearms eligibility from dangerous individuals, increase litigation, and complicate rapid responses in mental health, domestic violence, or other high-risk situations.

Impact

SB1219 would amend the Firearm Owners Identification Card Act to remove the Illinois State Police’s unilateral authority to revoke FOID cards and replace it with a court-based revocation process initiated by the State’s Attorney in the cardholder’s county of residence. It would also codify hearing procedures, deadlines, and a clear-and-convincing-evidence standard for revocation, while preserving existing disqualifying categories and the separate appeal/relief structure in Section 10. The bill would therefore shift FOID revocation from an administrative process to a judicial one and change how the State Police, circuit clerks, and State’s Attorneys interact in firearm-disqualification cases.

Sentiment

No committee transcript or vote record is provided, so there is no documented legislative sentiment to summarize from debate or roll call history. From the bill’s structure and sponsor, the measure appears to be driven by concerns about due process and limiting administrative revocation power, suggesting likely support among gun-rights advocates and skepticism from gun-control and public-safety proponents. The absence of recorded discussion means any broader political reception cannot be confirmed from the materials provided.

Contention

The central controversy is whether FOID revocation should remain an administrative function of the Illinois State Police or be moved into the courts. Supporters of the bill would likely favor judicial oversight, local prosecutorial involvement, and a higher evidentiary burden before revocation. Opponents would likely argue that requiring a court hearing could slow emergency or preventive action, create additional procedural hurdles, and reduce the State Police’s ability to quickly remove firearm access from prohibited persons, especially in mental health or domestic-violence-related cases.

Companion Bills

No companion bills found.

Similar Bills

No similar bills found.