ILCS » Chapter 430 · Act 66

430 ILCS 66/35

Investigation of the applicant

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(430 ILCS 66/35)
    Sec. 35. Investigation of the applicant.
    The Illinois State Police shall conduct a background check of the applicant to ensure compliance with the requirements of this Act and all federal, State, and local laws. The background check shall include a search of the following:
        (1) the National Instant Criminal Background Check
    
System of the Federal Bureau of Investigation;
        (2) all available state and local criminal history
    
record information files, including records of juvenile adjudications;
        (3) all available federal, state, and local records
    
regarding wanted persons;
        (4) all available federal, state, and local records
    
of domestic violence restraining and protective orders;
        (5) the files of the Department of Human Services
    
relating to mental health and developmental disabilities; and
        (6) all other available records of a federal, state,
    
or local agency or other public entity in any jurisdiction likely to contain information relevant to whether the applicant is prohibited from purchasing, possessing, or carrying a firearm under federal, state, or local law.
    Fingerprints collected under Section 30 shall be checked against the Illinois State Police and Federal Bureau of Investigation criminal history record databases now and hereafter filed. The Illinois State Police shall charge applicants a fee for conducting the criminal history records check, which shall be deposited in the State Police Services Fund and shall not exceed the actual cost of the records check.
(Source: P.A. 102-538, eff. 8-20-21.)

    
Notes of Decisions
Cited in 11 cases (1 in the last 5 years), 2016–2025 · leading case: Merritt v. The Department of State Police
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Merritt v. The Department of State Police (2016) illappct “430 ILCS 66/35 (West 2014). ¶ 16 Section 20 of the Act created the Board.”
Perez v. The Illinois Concealed Carry Licensing Review Board (2016) illappct · cites it 2× “430 ILCS 66/35 (West 2014). Section 15(a) provides that “[a]ny law enforcement agency may submit an objection to a license applicant based upon a reasonable suspicion that the applicant is a danger to himself or herself or others, or a threat to public safety.”
Perez v. Illinois Concealed Carry Licensing Review Board (2016) illappct · cites it 2× “430 ILCS 66/35 (West 2014). Section 15(a) provides that “[a]ny law enforcement agency may submit an objection to a license applicant based upon a reasonable suspicion that the applicant is a danger to himself or herself or others, or a threat to public safety.”
Culp v. Madigan (2017) ilcd “See 430 ILCS 66/35 (“The Department. .shall conduct a background check of the applicant to ensure compliance with the requirements of this Act and all federal, State, and local laws.”
Jankovich v. Illinois State Police (2017) illappct · cites it 2× “430 ILCS 66/35 (West 2014) (“The Department shall conduct a background check of the applicant to ensure compliance with the requirements of this Act and all federal, State, and local laws.”
People v. Stevens (2018) illappct · cites it 2× “430 ILCS 66/35 (West 2014). The Mental Health Reporting Fund is responsible for reporting mental health records and allows the Department of Human Services to investigate an applicant’s mental health and developmental disabilities.”
Jankovich v. The Illinois State Police (2017) illappct · cites it 2× “430 ILCS 66/35 (West 2014) (“The Department shall conduct a background check of the applicant to ensure compliance with the requirements of this Act and all federal, State, and local laws.”
People v. Stevens (2018) illappct · cites it 2× “430 ILCS 66/35 (West 2014). The Mental Health Reporting Fund is responsible for reporting mental health records and allows the Department of Human Services to investigate an applicant's mental health and developmental disabilities.”
Perez v. The Illinois Concealed Carry Licensing Review Board (2016) illappct · cites it 2× “430 ILCS 66/35 (West 2014). Section 15(a) provides that “[a]ny law enforcement agency may submit an objection to a license applicant based upon a reasonable suspicion that the applicant is a danger to himself or herself or others, or a threat to public safety.”
Perez v. The Illinois Concealed Carry Licensing Review Board (2016) illappct · cites it 2× “430 ILCS 66/35 (West 2014). Section 15(a) provides that “[a]ny law enforcement agency may submit an objection to a license applicant based upon a reasonable suspicion that the applicant is a danger to himself or herself or others, or a threat to public safety.”
Horowitz v. Illinois Concealed Carry Licensing Review Board (2025) illappct “” 430 ILCS 66/35 (West 2022). ¶ 25 The Carry Act also provides that a law enforcement agency: “may submit an objection to a license applicant based upon a reasonable suspicion that the applicant is a danger to himself or herself or others, or a threat to public 7 No.”
— 430 ILCS 66/35(2) — 2 cases
Jankovich v. Illinois State Police (2017) illappct “430 ILCS 66/35 (West 2014) (“The Department shall conduct a background check of the applicant to ensure compliance with the requirements of this Act and all federal, State, and local laws.”
Jankovich v. The Illinois State Police (2017) illappct “430 ILCS 66/35 (West 2014) (“The Department shall conduct a background check of the applicant to ensure compliance with the requirements of this Act and all federal, State, and local laws.”
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