Illinois 95th Regular Session Status: Passed House

HB 5191 — FIREARM OWNERS ID-REVOCATION

Last action — Session Sine Die

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 95th Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Amends the Firearm Owners Identification Card Act. Provides that the Department of State Police may revoke a Firearm Owner's Identification Card of a parent or guardian of a person under 21 years of age who is unable to prevent his or her child under 21 years of age from gaining access to a firearm or ammunition, or both, when (1) the child upon 2 occasions has had possession of his or her parent or guardian's firearm or ammunition, or both, without the parent or guardian's permission and (2) the child met the criteria for severe or major mood disorder or severe conduct disorder (evidenced by behavior such as forced sex, physical cruelty, use of a weapon, stealing while confronting a victim, breaking and entering), or both, as defined in the DSM-IV-TR published by the American Psychiatric Association, or the child is an adjudicated delinquent minor for acts involving aggressive or violent behavior.

Bill Text

What changed in the latest version

29 added · 29 removed

Plain-language change summary

The updated version of HB 5191 includes a new provision stating that neither the Governor nor any agency has the authority to create rules for enforcing this bill without the General Assembly's approval. This change emphasizes legislative control over rulemaking, ensuring that any related regulations must be suggested by the Governor and approved by lawmakers. This matters because it maintains a clear boundary between executive and legislative powers, potentially increasing accountability and oversight in how this law is implemented.

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*LRB09515204RLC45977b* HB5191 95TH GENERAL ASSEMBLY State of Illinois and 2008 HB5191 by Rep.
HB5191 Engrossed LRB095 15204 RLC 45977 b AN ACT concerning firearms.
Greg Harris SYNOPSIS AS INTRODUCED:
ILCS 65/8 from Ch.
38, par.
83-8 Amends the Firearm Owners Identification Card Act.
Provides that the Department of State Police may revoke a Firearm Owner’s Identification Card of a parent or guardian of a person under 21 years of age who is unable to prevent his or her child under 21 years of age from gaining access to a firearm or ammunition, or both, when (1) the child upon 2 occasions has had possession of his or her parent or guardian’s firearm or ammunition, or both, without the parent or guardian’s permission and (2) the child met the criteria for severe or major mood disorder or severe conduct disorder weapon, stealing while confronting a victim, breaking and entering), or both, as defined in the DSM-IV-TR published by the American Psychiatric Association, or the child is an adjudicated delinquent minor for acts involving aggressive or violent behavior.
LRB095 15204 RLC 45977 b A BILL FOR HB5191 LRB095 15204 RLC 45977 b AN ACT concerning firearms.
(b-5) A parent or guardian of a person under 21 years of age who is unable to prevent his or her child under 21 years of HB5191 - 2 - LRB095 15204 RLC 45977 b age from gaining access to a firearm or ammunition, or both, when (1) the child upon 2 occasions has had possession of his or her parent or guardian’s firearm or ammunition, or both, without the parent or guardian’s permission as evidenced through documentation in any arrest record, Department of Children and Family Services investigation, school record, juvenile court record, or other public record, and (2) the child met the criteria for severe or major mood disorder or severe conduct disorder (evidenced by behavior such as forced sex, physical cruelty, use of a weapon, stealing while confronting a victim, breaking and entering), or both, as defined in the DSM-IV-TR published by the American Psychiatric Association, or the child is an adjudicated delinquent minor for acts involving aggressive or violent behavior;
(b-5) A parent or guardian of a person under 21 years of age who is unable to prevent his or her child under 21 years of HB5191 Engrossed - 2 - LRB095 15204 RLC 45977 b age from gaining access to a firearm or ammunition, or both, when (1) the child upon 2 occasions has had possession of his or her parent or guardian’s firearm or ammunition, or both, without the parent or guardian’s permission as evidenced through documentation in any arrest record, Department of Children and Family Services investigation, school record, juvenile court record, or other public record, and (2) the child met the criteria for severe or major mood disorder or severe conduct disorder (evidenced by behavior such as forced sex, physical cruelty, use of a weapon, stealing while confronting a victim, breaking and entering), or both, as defined in the DSM-IV-TR published by the American Psychiatric Association, or the child is an adjudicated delinquent minor for acts involving aggressive or violent behavior;
HB5191 - 3 - LRB095 15204 RLC 45977 b (g) A person who is mentally retarded;
HB5191 Engrossed - 3 - LRB095 15204 RLC 45977 b (g) A person who is mentally retarded;
(4) a foreign law enforcement officer of a friendly foreign government entering the United States on official HB5191 - 4 - LRB095 15204 RLC 45977 b business;
(4) a foreign law enforcement officer of a friendly foreign government entering the United States on official HB5191 Engrossed - 4 - LRB095 15204 RLC 45977 b business;
HB5191 - 5 - LRB095 15204 RLC 45977 b (Source:
HB5191 Engrossed - 5 - LRB095 15204 RLC 45977 b (q) Notwithstanding any other rulemaking authority that may exist, neither the Governor nor any agency or agency head under the jurisdiction of the Governor has any authority to make or promulgate rules to implement or enforce the provisions of this amendatory Act of the 95th General Assembly.
If, however, the Governor believes that rules are necessary to implement or enforce the provisions of this amendatory Act of the 95th General Assembly, the Governor may suggest rules to the General Assembly by filing them with the Clerk of the House and the Secretary of the Senate and by requesting that the General Assembly authorize such rulemaking by law, enact those suggested rules into law, or take any other appropriate action in the General Assembly’s discretion.
Nothing contained in this amendatory Act of the 95th General Assembly shall be interpreted to grant rulemaking authority under any other Illinois statute where such authority is not otherwise explicitly given.
For the purposes of this Section, "rules" is given the meaning contained in Section 1-70 of the Illinois Administrative Procedure Act, and "agency" and "agency head" are given the meanings contained in Sections 1-20 and 1-25 of the Illinois Administrative Procedure Act to the extent that such definitions apply to agencies or agency heads under the jurisdiction of the Governor.
(Source:
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Action History

  1. Session Sine Die

  2. Senate Committee Amendment No. 2 Re-referred to Rules; Pursuant to Senate Rule 3-9(b)

  3. Pursuant to Senate Rule 3-9(b) / Referred to Rules

  4. Held in Judiciary Criminal Law

  5. Senate Committee Amendment No. 2 Held in Judiciary Criminal Law

  6. Senate Committee Amendment No. 2 Rules Refers to Judiciary Criminal Law

  7. Senate Committee Amendment No. 2 Referred to Rules

  8. Senate Committee Amendment No. 2 Filed with Secretary by Sen. Heather Steans

  9. Senate Committee Amendment No. 1 Referred to Rules

  10. Senate Committee Amendment No. 1 Filed with Secretary by Sen. Heather Steans

  11. Rule 2-10 Committee Deadline Established As May 22, 2008; Substantive House Bills Out of Committee

  12. Assigned to Judiciary Criminal Law

  13. Added as Alternate Co-Sponsor Sen. Martin A. Sandoval

  14. Added as Alternate Chief Co-Sponsor Sen. John J. Cullerton

  15. Referred to Rules

  16. First Reading

  17. Chief Senate Sponsor Sen. Heather Steans

  18. Placed on Calendar Order of First Reading

  19. Arrive in Senate

  20. Third Reading - Standard Debate - Passed 074-036-000

  21. Placed on Calendar Order of 3rd Reading - Standard Debate

  22. Removed from Short Debate Status

  23. Added Co-Sponsor Rep. Karen May

  24. Added Co-Sponsor Rep. Kathleen A. Ryg

  25. Added Chief Co-Sponsor Rep. Karen A. Yarbrough

  26. Added Chief Co-Sponsor Rep. George Scully, Jr.

  27. Added Chief Co-Sponsor Rep. Deborah L. Graham

  28. Added Chief Co-Sponsor Rep. Elizabeth Hernandez

  29. Remove Chief Co-Sponsor Rep. Paul D. Froehlich

  30. Final Action Deadline Extended-9(b) May 9, 2008

  31. Placed on Calendar Order of 3rd Reading - Short Debate

  32. Second Reading - Short Debate

  33. Placed on Calendar 2nd Reading - Short Debate

  34. Do Pass as Amended / Short Debate Executive Committee; 008-005-000

  35. House Committee Amendment No. 1 Adopted in Executive Committee; by Voice Vote

  36. House Committee Amendment No. 1 Filed with Clerk by Executive Committee

  37. Assigned to Executive Committee

  38. Added Chief Co-Sponsor Rep. Paul D. Froehlich

  39. Referred to Rules Committee

  40. First Reading

  41. Filed with the Clerk by Rep. Greg Harris

Sponsors

  • Greg Harris · Cosponsor
  • Martin A. Sandoval · Cosponsor

Sponsorship breakdown

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0 sponsors · 2 co-sponsors · 181 not signed on · 4 voted No

Sponsors (0)

None.

Co-sponsors (2)

  • Greg Harris
  • Martin A. Sandoval

Not signed on (181)

181 members have not signed on to this bill.

Show all 181 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Third Reading

Passed 74 Yea · 36 Nay · 8 Other
Party YeaNayPresentNot Voting
Unaffiliated 653208
Republican 1300
Democrat 8100
Total 743608
% of votes cast 63%31%0%7%
How each member voted (118)
Member Party Vote
Graham — Yea
Hassert — Yea
Jefferies — Yea
Nekritz — Yea
Jefferson — Yea
Lang — Yea
Leitch — Yea
Mathias — Yea
McAuliffe — Yea
McCarthy — Yea
Mendoza — Yea
Mulligan — Yea
Munson — Yea
Lyons — Yea
Scully — Yea
Soto — Yea
Tryon — Yea
Turner — Yea
McGuire — Yea
Burke — Yea
Sullivan — Yea
Harris — Yea
Hernandez — Yea
Coladipietro — Yea
Cole — Yea
Colvin — Yea
Coulson — Yea
Dugan — Yea
Dunkin — Yea
Durkin — Yea
Flowers — Yea
Fortner — Yea
Franks — Yea
Fritchey — Yea
Golar — Yea
Granberg — Yea
Hamos — Yea
Howard — Yea
Davis, Monique — Yea
Reitz — Nay
Madigan — Yea
Meyer — Nay
Moffitt — Nay
Myers — Nay
Phelps — Nay
Bradley, John — Nay
Pihos — Not Voting
Brady — Nay
Mitchell, Bill — Nay
Schock — Nay
Hannig — Nay
Sommer — Nay
Bradley, Richard — Not Voting
Verschoore — Nay
Watson — Not Voting
Mitchell, Jerry — Not Voting
Wait — Nay
Washington — Not Voting
Winters — Nay
Yarbrough — Yea
Younge — Yea
Cross — Yea
Cultra — Nay
Currie — Yea
D'Amico — Yea
Dunn — Nay
Eddy — Nay
Flider — Nay
Froehlich — Nay
Gordon — Not Voting
Holbrook — Nay
Jakobsson — Yea
Kosel — Not Voting
Osmond — Nay
Osterman — Yea
Patterson — Not Voting
Poe — Nay
Pritchard — Yea
Ramey — Nay
Reboletti — Yea
Reis — Nay
Riley — Yea
Ryg — Yea
Sacia — Nay
Saviano — Yea
Schmitz — Yea
Krause — Yea
Lindner — Nay
Acevedo — Yea
Arroyo — Yea
Bassi — Yea
Beaubien — Yea
Beiser — Nay
Bellock — Yea
Berrios — Yea
Mautino — Nay
Biggins — Nay
Black — Nay
Boland — Yea
May — Yea
Bost — Nay
Brauer — Nay
Brosnahan — Yea
Molaro — Yea
Chapa LaVia — Yea
Fred Crespo Democrat Yea
Jay Hoffman Democrat Yea
La Shawn K. Ford Democrat Yea
Lakesia Collins Democrat Yea
Nicholas K. Smith Democrat Nay
Patrick J. Joyce Democrat Yea
Robert "Bob" Rita Democrat Yea
Sara Feigenholtz Democrat Yea
William "Will" Davis Democrat Yea
Brad Stephens Republican Nay
Chapin Rose Republican Nay
Chris Miller Republican Yea
Jil Tracy Republican Nay

Official roll call →

Subjects

public-safety
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Frequently asked questions

What does HB 5191 do?
Amends the Firearm Owners Identification Card Act. Provides that the Department of State Police may revoke a Firearm Owner's Identification Card of a parent or guardian of a person under 21 years of age who is unable to prevent his or her child under 21 years of age from gaining access to a firearm or ammunition, or both, when (1) the child upon 2 occasions has had possession of his or her parent or guardian's firearm or ammunition, or both, without the parent or guardian's permission and (2) the child met the criteria for severe or major mood disorder or severe conduct disorder (evidenced by behavior such as forced sex, physical cruelty, use of a weapon, stealing while confronting a victim, breaking and entering), or both, as defined in the DSM-IV-TR published by the American Psychiatric Association, or the child is an adjudicated delinquent minor for acts involving aggressive or violent behavior.
Who sponsors HB 5191?
HB 5191 is sponsored by Greg Harris and Martin A. Sandoval.
What is the current status of HB 5191?
This bill died with 95th Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HB 5191?
Track HB 5191 free on One Click Politics — get push/email alerts when it moves.

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Last checked for changes 3 months ago · updated continuously

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