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SB 3466

FOID-MENTAL HEALTH

104th Regular Session Introduced by Graciela Guzmán

Restoration of a FOID for mental health patients requires a licensed clinician evaluation confirming no clear and present danger, with review of collateral records.

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Bill Summary · SB 3466

Summary of SB 3466 (104th Illinois General Assembly) – FOID-MENTAL HEALTH

Proposed aim
- Strengthen firearm safety by conditioning the restoration of Firearm Owner’s Identification (FOID) cards for certain individuals who have been patients in mental health facilities. Specifically, after a 5-year cooling-off period following a prior FOID denial or revocation tied to mental health treatment, an individual must undergo a mental health evaluation by a licensed clinical mental health professional in order to be eligible to obtain or reinstate a FOID card.

Key provisions and changes

  1. Mental health evaluation standard for FOID restoration

    • A person whose FOID was revoked/denied because they were a patient in a mental health facility and who seeks to obtain a FOID after the 5-year period must obtain a mental health evaluation from a licensed clinical mental health professional (not limited to physicians or psychologists under the prior framework).
    • The evaluation must conclude that the person is not a clear and present danger to self or others.
    • The evaluating professional must attest that they have reviewed and considered all collateral records and must identify the collateral records reviewed.

  2. Collateral records and disclosure

    • The person seeking restoration must provide or authorize the sharing of all collateral records with the evaluating professional.
    • The professional must document that they requested, received, reviewed, and considered all collateral records.
    • The evaluating professional must specify the types of collateral records received and make reasonable efforts to obtain them; if none are obtained, the professional must document the efforts.

  3. Liability and certification

    • The licensed clinical mental health professional and their employer are shielded from criminal, civil, or professional liability for the determination made, except in cases of willful or wanton misconduct.
    • This liability protection applies to evaluations conducted under the new subsection (u) and does not apply to those whose rights have been restored via other administrative or judicial processes under Sections 10 or 11 (as clarified in the bill).

  4. Transmission of evaluation results

    • Results of mental health evaluations conducted under the new process must be transmitted to the Illinois State Police.

  5. Definitions and scope

    • The bill provides extensive definitions for terms used in the FOID context, including “licensed clinical mental health professional,” “mental health evaluation,” “collateral records,” “clear and present danger,” and related terms to ensure consistent application.
    • It expands the pool of qualified professionals who can perform the evaluation to include licensed clinical social workers, clinical psychologists, physicians board-certified in psychiatry, and advanced practice psychiatric nurses meeting specified criteria.

  6. Related FOID grounds and existing denial criteria

    • The bill preserves, clarifies, and references existing grounds for FOID denial or revocation (e.g., age, felony convictions, addiction to narcotics, intellectual disability, various mental-health-related grounds, noncitizen status, and violent offenses).
    • It explicitly links the new evaluation requirement to the specific provision tied to mental health facility patients.

Effective and procedural notes
- The amendment references prior act provisions and the Mental Health and Developmental Disabilities Code for terminology and processes.
- The new evaluation results must be reported to the Illinois State Police.
- The bill’s action history shows it is in committee stages, with deadlines in spring 2026.

Potential impact
- Increases procedural steps and medical oversight before restoring a FOID card for individuals with a history of mental health treatment.
- Places emphasis on collateral records and risk assessment conducted by a broader range of licensed professionals.
- Provides liability protections to evaluators, potentially encouraging completion of the evaluation process while maintaining safety safeguards.

Compiled from official sources — confirm details with the bill’s official record.

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