§ 3-2-13 — Possession of a Firearm Owner's Identification Card

The Department of Corrections shall not make possession of a Firearm Owner's Identification Card a condition of continued employment as a Department employee authorized to possess firearms if the employee's Firearm Owner's Identification Card is revoked or seized because the employee has been a patient of a mental health facility and the employee has not been determined to pose a clear and present danger to himself, herself, or others as determined by a physician, clinical psychologist, or qualified examiner. Nothing in this Section shall otherwise impair the Department's ability to determine an employee's fitness for duty. A collective bargaining agreement already in effect on this issue on January 1, 2022 (the effective date of Public Act 102-645) cannot be modified, but on or after January 1, 2022 (the effective date of Public Act 102-645), the Department cannot require a Firearm Owner's Identification Card as a condition of continued employment in a collective bargaining agreement. The Department shall document if and why an employee has been determined to pose a clear and present danger. In this Section, "mental health facility" and "qualified examiner" have the meanings provided in the Mental Health and Developmental Disabilities Code.

Legislative History

(Source: P.A. 102-645, eff. 1-1-22; 103-605, eff. 7-1-24.)