Summary — SB 1335 (FOID Renewal) — Amendment to 430 ILCS 65/5
Status & procedural notes
- Bill amends Section 5 of the Firearm Owners Identification Card Act (430 ILCS 65/5).
- Introduced in early 2025 (filed Jan. 28, 2025 per bill text). Co-sponsor added: Sen. Terri Bryant (May 30, 2025).
- Primary effect: changes renewal processing rules and creates a civil-penalty consequence for delays by the Illinois State Police (ISP).
Purpose
- To shorten/regulate FOID card renewal timeframes, reduce lapse risks for applicants who timely submit renewal applications, and provide a penalty mechanism when the Illinois State Police does not approve or deny applications within the required timeframes.
Key provisions
- 60-business-day rule for renewals: If an applicant submits a renewal application before their FOID card expires, the ISP must approve or deny that renewal within 60 business days.
- Deemed approval: If the ISP fails to renew within 60 business days (when the renewal was timely submitted), the renewal “shall be granted” unless the applicant is subject to suspension or revocation under the Act.
- Continued validity while processing: An applicant’s FOID card remains valid while ISP processes a timely-submitted renewal, unless the person is or becomes subject to revocation.
- Civil violation and penalties: Failure by ISP to act within the statutory timeframes (subsections (a) or (b)) constitutes a civil violation. In addition to other legal penalties, the ISP may incur a civil penalty up to $500 for each violation; for continuing violations, each day is a separate violation. Penalties are collected by the State Treasurer and deposited into the General Revenue Fund.
- Fee and processing details: Renewal cost set at $10 (may include limited processing fees tied to the electronic payment system). Allocation: $5 of each FOID issuance/renewal fee is deposited to the State Police Firearm Services Fund and $5 to the State Police Firearm Enforcement Fund (per existing language reflected in the section).
- Concealed-carry holders: If a licensee under the Firearm Concealed Carry Act holds a license that covers the period when a FOID would otherwise expire, the ISP may automatically renew the FOID and send the renewed card unless there is reason to believe the person is no longer eligible.
- Fingerprints: ISP may adopt rules governing the use of voluntarily submitted fingerprints consistent with state and federal law.
Who is affected
- Primary: current FOID cardholders and applicants in Illinois, and the Illinois State Police (responsible for processing).
- Secondary: concealed-carry licensees (automatic-renewal provision) and state funds that receive allocated fees.
Potential impacts and considerations
- Benefits: Reduces risk of inadvertent lapses in lawful possession status for applicants who timely renew; creates an administrative incentive for ISP to process renewals promptly.
- Risks/concerns: Automatic “deemed granted” renewals could call for careful ISP oversight to avoid issuance to persons who become disqualified between submission and the 60-business-day deadline; the enforcement mechanism and practical application of civil penalties (who enforces/assesses them, appeal processes) may require implementation guidance or rulemaking.
- Fiscal: Modest fee revenue flows remain allocated to existing State Police funds; potential General Revenue receipts from imposed civil penalties (amounts dependent on enforcement).
Statutory reference
- Amends 430 ILCS 65/5 (Firearm Owners Identification Card Act).