HB3891 103RD GENERAL ASSEMBLY

LRB103 25815 RLC 52166 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB3891

Introduced 2/17/2023, by Rep. Sonya M. Harper

SYNOPSIS AS INTRODUCED:

720 ILCS 5/24-0.05 new
720 ILCS 5/24-1.11 new
720 ILCS 5/24-1.12 new
720 ILCS 5/24-1.13 new
720 ILCS 5/24-1.14 new
720 ILCS 5/24-2
720 ILCS 5/24-4	from Ch. 38, par. 24-4
720 ILCS 5/24-5	from Ch. 38, par. 24-5

Amends the Criminal Code of 2012. Provides that beginning January 1, 2024, all handgun ammunition that is manufactured, imported into the State for sale or personal use, kept for sale, offered or exposed for sale, sold, given, lent, or possessed shall be serialized. Provides that beginning January 1, 2024, any person who manufactures, causes to be manufactured, imports into the State for sale or personal use, keeps for sale, offers or exposes for sale, or who gives or lends any handgun ammunition that is not serialized is guilty of a Class A misdemeanor. Provides that beginning January 1, 2024, any person who possesses in any public place any handgun ammunition that is not serialized is guilty of a Class C misdemeanor. Provides exceptions. Provides that beginning January 1, 2024, the Illinois State Police shall maintain a centralized registry of all reports of handgun ammunition transactions reported to the Illinois State Police in a manner prescribed by the Illinois State Police. Provides that information in the registry, upon proper application for that information, shall be furnished to peace officers and authorized employees of the Illinois State Police or to the person listed in the registry as the owner of the particular handgun ammunition. Provides that the Illinois State Police shall adopt rules relating to the assessment and collection of end-user fees in an amount not to exceed $0.005 per round of handgun ammunition or per bullet, in which the accumulated fee amount may not exceed the cost to pay for the infrastructure, implementation, operational, enforcement, and future development costs of these provisions. Effective January 1, 2024, except some provisions effective immediately.

A BILL FOR

AN ACT concerning criminal law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Criminal Code of 2012 is amended by changing Sections 24-2, 24-4 and 24-5 and by adding Sections 24-0.05, 24-1.11, 24-1.12, 24-1.13, and 24-1.14 as follows:

(720 ILCS 5/24-0.05 new)

Sec. 24-0.05. Definitions. In this Article:

"Handgun ammunition" means ammunition principally for use in pistols, revolvers, and other firearms capable of being concealed upon the person, notwithstanding that the ammunition may also be used in some rifles.

"Manufacturer", "ammunition manufacturer", or "registered handgun ammunition manufacturer" means any person that manufactures handgun ammunition within this State or manufactures handgun ammunition with the intent to distribute that ammunition for purposes, within this State, of sale, loan, or transfer.

"Pistol", "revolver", and "firearm capable of being concealed upon the person" applies to and includes any device designed to be used as a weapon, from which is expelled a projectile by the force of any explosion, or other form of combustion, and that has a barrel less than 16 inches in length. These terms also include any device that has a barrel 16 inches or more in length which is designed to be interchanged with a barrel less than 16 inches in length.

"Public place" means an area open to the public and includes, but is not limited to, streets, sidewalks, bridges, alleys, plazas, parks, driveways, front yards, parking lots, including motor vehicles in these areas, whether moving or not, and buildings open to the general public, including those that serve food or drink, or provide entertainment, and the doorways and entrances to buildings or dwellings.

"Retail mercantile establishment" has the meaning ascribed to it in Section 16-0.1 of this Code.

"Serialized" means:

(1) the handgun ammunition has been identified in a manner prescribed by the Illinois State Police so that all assembled handgun ammunition contained within a package provided for retail sale, or as otherwise specified by the Illinois State Police, is uniquely identified;

(2) bullets used for reloading or handloading contained within a package provided for retail sale, or as otherwise specified by the Illinois State Police, are uniquely identified;

(3) identification of the manufacturer of the items described in subdivisions (1) and (2) of this definition;

(4) identification on the exterior of the items described in subdivisions (1) and (2) of this definition in a manner that permits visual inspection for the purpose of determining if the assembled handgun ammunition or bullet is serialized;

(5) identification on the exterior of the items described in subdivisions (1) and (2) of this definition in a manner that is maintained subsequent to the discharge of the handgun ammunition and subsequent to the impact of the bullet, based on standards prescribed by the Illinois State Police; and

(6) identification on the exterior of every package or container of serialized handgun ammunition, as prescribed by the Illinois State Police, with the same unique identifiers used on the assembled handgun ammunition or bullets contained within the packaging or container. A package or container shall not be labeled with the same unique identifiers as any other package or container by the same manufacturer.

"Serialized handgun ammunition" means any of the following, which are subject to serialization under this Article:

(1) handgun ammunition;

(2) .22 caliber rimfire ammunition;

(3) assembled handgun ammunition packaged for retail sale; or

(4) bullets used for reloading or handloading handgun ammunition that are packaged for retail sale. "Serialized handgun ammunition" does not include blank cartridges, shot-shells, or projectiles used in black powder handguns.

(720 ILCS 5/24-1.11 new)

Sec. 24-1.11. Serialization of handgun ammunition.

(a) The Illinois State Police shall enforce the requirements of the handgun serialization program and other provisions of Sections 24-1.11 through 24-1.14 of this Code. The Illinois State Police may prescribe the manner in which handgun ammunition is serialized in order to comply with Section 24-1.12 of this Code, including, but not limited to, determining how handgun ammunition that is loose, packaged, in lots, series, or otherwise aggregated for purposes of manufacture or sale shall be serialized with a unique identifier, under Section 24-1.12. The Illinois State Police shall adopt rules implementing this Section no later than January 1, 2024.

(b) The Illinois State Police may:

(1) adopt rules relating to the assessment and collection of end-user fees in an amount not to exceed $0.005 per round of handgun ammunition or per bullet, in which the accumulated fee amount may not exceed the cost to pay for the infrastructure, implementation, operational, enforcement, and future development costs of Sections 24-1.11 through 24-1.14;

(2) adopt rules relating to the implementation and furtherance of a retail handgun ammunition vendor's registry and the assessment and collection of fees associated with the registration program in an amount not to exceed $50 per year per retail location, adjusted annually for inflation based upon the Consumer Price Index for the North Central Region as published by the United States Department of Labor, Bureau of Labor Statistics for the immediately preceding calendar year, in which the accumulated fee amount may not exceed the cost to pay for the infrastructure, implementation, operational, enforcement, and future development costs of Sections 24-1.11 through 24-1.14; or

(3) adopt or amend rules relating to this Section in an effort to incorporate new technologies as they become available.

(720 ILCS 5/24-1.12 new)

Sec. 24-1.12. Unlawful manufacture, sale, or transfer of non-serialized handgun ammunition; unlawful possession of non-serialized handgun ammunition; penalties.

(a) Beginning January 1, 2024, and except as provided in subsection (g-15) of Section 24-2, a person commits unlawful manufacture, sale, or transfer of non-serialized handgun ammunition when he or she knowingly manufactures, causes to be manufactured, imports into this State for sale or personal use, keeps for sale, offers or exposes for sale, or gives or lends any handgun ammunition that is not serialized. A violation of this subsection (a) is a Class A misdemeanor.

(b) Beginning January 1, 2024, and except as provided in subsection (g-15) of Section 24-2, a person commits unlawful possession of non-serialized handgun ammunition when he or she knowingly possesses in any public place any handgun ammunition that is not serialized. A violation of this subsection is a Class C misdemeanor.

(c) Beginning January 1, 2024, and except as provided in subsection (g-15) of Section 24-2, a person commits unlawful possession of non-serialized handgun ammunition when he or she knowingly possesses non-serialized ammunition for a rifle having one or more barrels less than 16 inches in length or a shotgun having one or more barrels less than 18 inches in length or any weapon made from a rifle or shotgun, whether by alteration, modification, or otherwise, if the weapon as modified has an overall length of less than 26 inches. A violation of this subsection is a Class C misdemeanor.

(d) For purposes of Sections 24-1.11 through 24-1.14, the possession of each round of non-serialized handgun ammunition or bullets constitutes a separate and distinct offense.

(720 ILCS 5/24-1.13 new)

Sec. 24-1.13. Unlawful retail sale of handgun ammunition.

(a)(1) Beginning January 1, 2024, a person commits unlawful retail sale of handgun ammunition if he or she knowingly engages in the retail sale of handgun ammunition and sells, leases, or transfers serialized handgun ammunition without being a registered handgun ammunition vendor as described in paragraph (2) of this subsection (a). A violation of this paragraph (1) is a Class A misdemeanor.

(2) As used in this Section, "vendor", "ammunition vendor", or "registered handgun ammunition vendor" means any person who is engaged in the retail sale of handgun ammunition and has all of the following:

(A) any regulatory or business license, or licenses, required by a unit of local government;

(B) a valid Retailers Occupation Tax Registration Number issued by the Department of Revenue; and

(C) is recorded in the centralized handgun ammunition vendor's registry specified in subsection (b) of this Section.

(b) The Illinois State Police shall maintain a centralized registry of all persons under subparagraphs (A) through (C), inclusive, of paragraph (2) of subsection (a) of this Section. The Illinois State Police may remove from this registry any person who violates this Article. Upon removal of a vendor from this registry, notification shall be provided to local law enforcement and licensing authorities in the jurisdiction where the vendor's business is located.

(c) The Illinois State Police may inspect handgun ammunition vendors to ensure compliance with this Article. Nothing in this Section prohibits any unit of local government from adopting one or more ordinances relating to the inspection of handgun ammunition vendors.

(d) Any vendor, agent, or employee of the vendor who sells or otherwise transfers ownership of any serialized handgun ammunition shall record the following information in a format prescribed by the Illinois State Police:

(1) the date of the transaction;

(2) the name of the transferee;

(3) the transferee's driver's license number or other government issued identification card number and the governmental agency that issued the identification;

(4) in order to validate a transferee's age and ensure compliance with paragraphs (a) and (b) of subsection (A) of Section 24-3, the date of birth of the transferee;

(5) the unique identifier, as described in Section 24-0.05, of all serialized handgun ammunition or bullets transferred; and

(6) all other information prescribed by the Illinois State Police.

(e) On the date the vendor delivers the handgun ammunition to the transferee, he or she shall report the information required in subsection (d) to the Illinois State Police in a manner prescribed by the Illinois State Police. A copy of the records required by this Section shall be maintained on the premises of the vendor for a period of not less than 3 years from the date of the recorded transfer. The records shall be subject to inspection at any time during normal business hours by any peace officer, or by any authorized employee of the Illinois State Police, if the inspection relates to an investigation in which access to those records is or may be relevant to that investigation, is seeking information about persons prohibited from owning a firearm or handgun ammunition, or is engaged in ensuring compliance with this Article, the Firearm Owners Identification Card Act, the Firearm Concealed Carry Act, or any other laws pertaining to firearms.

(f) Any vendor or employee or agent of a vendor who knowingly fails to comply with, or falsifies the records required to be kept by subsection (e) is guilty of a Class A misdemeanor.

(g) Proof that a vendor or his or her agent or employee demanded, was shown, and acted in reliance upon, bona fide evidence of identity shall be a defense to any criminal prosecution under this Section if reliance upon the proof of identity was reasonable.

(h) Any person who presents false identification to a vendor with the intent to avoid the recording requirements of this Section is guilty of a Class A misdemeanor.

(i) Any vendor who refuses to permit a person authorized under subsection (e) to examine any record prepared in accordance with this Section during any inspection conducted under this Section is guilty of a Class A misdemeanor.

(j) Persons engaged in the non-commercial reloading of ammunition may adopt voluntary personal serialization protocols.

(720 ILCS 5/24-1.14 new)

Sec. 24-1.14. Unlawful commercial manufacture of serialized handgun ammunition.

(a) Beginning January 1, 2024, a person commits unlawful commercial manufacture of serialized handgun ammunition when he or she knowingly engages in the commercial manufacture of serialized handgun ammunition and sells, loans, or transfers serialized handgun ammunition within this State, without being a registered handgun ammunition manufacturer. A violation of this subsection (a) is a Class A misdemeanor.

(b) Manufacturers shall:

(1) register with the Illinois State Police in a manner prescribed by the Illinois State Police;

(2) maintain records on the business premises for a period of 7 years concerning all sales, loans, and transfers of handgun ammunition, to, from, or within this State; and

(3) comply with all other rules concerning handgun ammunition manufacture and sale adopted by the Illinois State Police.

(c) Any manufacturer who knowingly fails to comply with the provisions of this Section is liable for a civil fine payable to the Illinois State Police of not more than $1,000 for a first violation, not more than $5,000 for a second violation, and not more than $10,000 for a third and subsequent violation. A civil action to enforce this Section may be brought by a municipal attorney, State's Attorney, or the Attorney General. This subsection (c) does not preclude any other remedy available under State law.

(d) The Illinois State Police may inspect handgun ammunition manufacturers to ensure compliance with this Section.

(720 ILCS 5/24-2)

Sec. 24-2. Exemptions.

(a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and 24-1(a)(13) and Section 24-1.6 do not apply to or affect any of the following:

(1) Peace officers, and any person summoned by a peace officer to assist in making arrests or preserving the peace, while actually engaged in assisting such officer.

(2) Wardens, superintendents and keepers of prisons, penitentiaries, jails and other institutions for the detention of persons accused or convicted of an offense, while in the performance of their official duty, or while commuting between their homes and places of employment.

(3) Members of the Armed Services or Reserve Forces of the United States or the Illinois National Guard or the Reserve Officers Training Corps, while in the performance of their official duty.

(4) Special agents employed by a railroad or a public utility to perform police functions, and guards of armored car companies, while actually engaged in the performance of the duties of their employment or commuting between their homes and places of employment; and watchmen while actually engaged in the performance of the duties of their employment.

(5) Persons licensed as private security contractors, private detectives, or private alarm contractors, or employed by a private security contractor, private detective, or private alarm contractor agency licensed by the Department of Financial and Professional Regulation, if their duties include the carrying of a weapon under the provisions of the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004, while actually engaged in the performance of the duties of their employment or commuting between their homes and places of employment. A person shall be considered eligible for this exemption if he or she has completed the required 20 hours of training for a private security contractor, private detective, or private alarm contractor, or employee of a licensed private security contractor, private detective, or private alarm contractor agency and 28 hours of required firearm training, and has been issued a firearm control card by the Department of Financial and Professional Regulation. Conditions for the renewal of firearm control cards issued under the provisions of this Section shall be the same as for those cards issued under the provisions of the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004. The firearm control card shall be carried by the private security contractor, private detective, or private alarm contractor, or employee of the licensed private security contractor, private detective, or private alarm contractor agency at all times when he or she is in possession of a concealable weapon permitted by his or her firearm control card.

(6) Any person regularly employed in a commercial or industrial operation as a security guard for the protection of persons employed and private property related to such commercial or industrial operation, while actually engaged in the performance of his or her duty or traveling between sites or properties belonging to the employer, and who, as a security guard, is a member of a security force registered with the Department of Financial and Professional Regulation; provided that such security guard has successfully completed a course of study, approved by and supervised by the Department of Financial and Professional Regulation, consisting of not less than 48 hours of training that includes the theory of law enforcement, liability for acts, and the handling of weapons. A person shall be considered eligible for this exemption if he or she has completed the required 20 hours of training for a security officer and 28 hours of required firearm training, and has been issued a firearm control card by the Department of Financial and Professional Regulation. Conditions for the renewal of firearm control cards issued under the provisions of this Section shall be the same as for those cards issued under the provisions of the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004. The firearm control card shall be carried by the security guard at all times when he or she is in possession of a concealable weapon permitted by his or her firearm control card.

(7) Agents and investigators of the Illinois Legislative Investigating Commission authorized by the Commission to carry the weapons specified in subsections 24-1(a)(3) and 24-1(a)(4), while on duty in the course of any investigation for the Commission.

(8) Persons employed by a financial institution as a security guard for the protection of other employees and property related to such financial institution, while actually engaged in the performance of their duties, commuting between their homes and places of employment, or traveling between sites or properties owned or operated by such financial institution, and who, as a security guard, is a member of a security force registered with the Department; provided that any person so employed has successfully completed a course of study, approved by and supervised by the Department of Financial and Professional Regulation, consisting of not less than 48 hours of training which includes theory of law enforcement, liability for acts, and the handling of weapons. A person shall be considered to be eligible for this exemption if he or she has completed the required 20 hours of training for a security officer and 28 hours of required firearm training, and has been issued a firearm control card by the Department of Financial and Professional Regulation. Conditions for renewal of firearm control cards issued under the provisions of this Section shall be the same as for those issued under the provisions of the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004. The firearm control card shall be carried by the security guard at all times when he or she is in possession of a concealable weapon permitted by his or her firearm control card. For purposes of this subsection, "financial institution" means a bank, savings and loan association, credit union or company providing armored car services.

(9) Any person employed by an armored car company to drive an armored car, while actually engaged in the performance of his duties.

(10) Persons who have been classified as peace officers pursuant to the Peace Officer Fire Investigation Act.

(11) Investigators of the Office of the State's Attorneys Appellate Prosecutor authorized by the board of governors of the Office of the State's Attorneys Appellate Prosecutor to carry weapons pursuant to Section 7.06 of the State's Attorneys Appellate Prosecutor's Act.

(12) Special investigators appointed by a State's Attorney under Section 3-9005 of the Counties Code.

(12.5) Probation officers while in the performance of their duties, or while commuting between their homes, places of employment or specific locations that are part of their assigned duties, with the consent of the chief judge of the circuit for which they are employed, if they have received weapons training according to requirements of the Peace Officer and Probation Officer Firearm Training Act.

(13) Court Security Officers while in the performance of their official duties, or while commuting between their homes and places of employment, with the consent of the Sheriff.

(13.5) A person employed as an armed security guard at a nuclear energy, storage, weapons or development site or facility regulated by the Nuclear Regulatory Commission who has completed the background screening and training mandated by the rules and regulations of the Nuclear Regulatory Commission.

(14) Manufacture, transportation, or sale of weapons to persons authorized under subdivisions (1) through (13.5) of this subsection to possess those weapons.

(a-5) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply to or affect any person carrying a concealed pistol, revolver, or handgun and the person has been issued a currently valid license under the Firearm Concealed Carry Act at the time of the commission of the offense.

(a-6) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply to or affect a qualified current or retired law enforcement officer or a current or retired deputy, county correctional officer, or correctional officer of the Department of Corrections qualified under the laws of this State or under the federal Law Enforcement Officers Safety Act.

(b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section 24-1.6 do not apply to or affect any of the following:

(1) Members of any club or organization organized for the purpose of practicing shooting at targets upon established target ranges, whether public or private, and patrons of such ranges, while such members or patrons are using their firearms on those target ranges.

(2) Duly authorized military or civil organizations while parading, with the special permission of the Governor.

(3) Hunters, trappers, or fishermen while engaged in lawful hunting, trapping, or fishing under the provisions of the Wildlife Code or the Fish and Aquatic Life Code.

(4) Transportation of weapons that are broken down in a non-functioning state or are not immediately accessible.

(5) Carrying or possessing any pistol, revolver, stun gun or taser or other firearm on the land or in the legal dwelling of another person as an invitee with that person's permission.

(c) Subsection 24-1(a)(7) does not apply to or affect any of the following:

(1) Peace officers while in performance of their official duties.

(2) Wardens, superintendents and keepers of prisons, penitentiaries, jails and other institutions for the detention of persons accused or convicted of an offense.

(3) Members of the Armed Services or Reserve Forces of the United States or the Illinois National Guard, while in the performance of their official duty.

(4) Manufacture, transportation, or sale of machine guns to persons authorized under subdivisions (1) through (3) of this subsection to possess machine guns, if the machine guns are broken down in a non-functioning state or are not immediately accessible.

(5) Persons licensed under federal law to manufacture any weapon from which 8 or more shots or bullets can be discharged by a single function of the firing device, or ammunition for such weapons, and actually engaged in the business of manufacturing such weapons or ammunition, but only with respect to activities which are within the lawful scope of such business, such as the manufacture, transportation, or testing of such weapons or ammunition. This exemption does not authorize the general private possession of any weapon from which 8 or more shots or bullets can be discharged by a single function of the firing device, but only such possession and activities as are within the lawful scope of a licensed manufacturing business described in this paragraph.

During transportation, such weapons shall be broken down in a non-functioning state or not immediately accessible.

(6) The manufacture, transport, testing, delivery, transfer or sale, and all lawful commercial or experimental activities necessary thereto, of rifles, shotguns, and weapons made from rifles or shotguns, or ammunition for such rifles, shotguns or weapons, where engaged in by a person operating as a contractor or subcontractor pursuant to a contract or subcontract for the development and supply of such rifles, shotguns, weapons or ammunition to the United States government or any branch of the Armed Forces of the United States, when such activities are necessary and incident to fulfilling the terms of such contract.

The exemption granted under this subdivision (c)(6) shall also apply to any authorized agent of any such contractor or subcontractor who is operating within the scope of his employment, where such activities involving such weapon, weapons or ammunition are necessary and incident to fulfilling the terms of such contract.

(7) A person possessing a rifle with a barrel or barrels less than 16 inches in length if: (A) the person has been issued a Curios and Relics license from the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives; or (B) the person is an active member of a bona fide, nationally recognized military re-enacting group and the modification is required and necessary to accurately portray the weapon for historical re-enactment purposes; the re-enactor is in possession of a valid and current re-enacting group membership credential; and the overall length of the weapon as modified is not less than 26 inches.

(d) Subsection 24-1(a)(1) does not apply to the purchase, possession or carrying of a black-jack or slung-shot by a peace officer.

(e) Subsection 24-1(a)(8) does not apply to any owner, manager or authorized employee of any place specified in that subsection nor to any law enforcement officer.

(f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and Section 24-1.6 do not apply to members of any club or organization organized for the purpose of practicing shooting at targets upon established target ranges, whether public or private, while using their firearms on those target ranges.

(g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply to:

(1) Members of the Armed Services or Reserve Forces of the United States or the Illinois National Guard, while in the performance of their official duty.

(2) Bonafide collectors of antique or surplus military ordnance.

(3) Laboratories having a department of forensic ballistics, or specializing in the development of ammunition or explosive ordnance.

(4) Commerce, preparation, assembly or possession of explosive bullets by manufacturers of ammunition licensed by the federal government, in connection with the supply of those organizations and persons exempted by subdivision (g)(1) of this Section, or like organizations and persons outside this State, or the transportation of explosive bullets to any organization or person exempted in this Section by a common carrier or by a vehicle owned or leased by an exempted manufacturer.

(g-5) Subsection 24-1(a)(6) does not apply to or affect persons licensed under federal law to manufacture any device or attachment of any kind designed, used, or intended for use in silencing the report of any firearm, firearms, or ammunition for those firearms equipped with those devices, and actually engaged in the business of manufacturing those devices, firearms, or ammunition, but only with respect to activities that are within the lawful scope of that business, such as the manufacture, transportation, or testing of those devices, firearms, or ammunition. This exemption does not authorize the general private possession of any device or attachment of any kind designed, used, or intended for use in silencing the report of any firearm, but only such possession and activities as are within the lawful scope of a licensed manufacturing business described in this subsection (g-5). During transportation, these devices shall be detached from any weapon or not immediately accessible.

(g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section 24-1.6 do not apply to or affect any parole agent or parole supervisor who meets the qualifications and conditions prescribed in Section 3-14-1.5 of the Unified Code of Corrections.

(g-7) Subsection 24-1(a)(6) does not apply to a peace officer while serving as a member of a tactical response team or special operations team. A peace officer may not personally own or apply for ownership of a device or attachment of any kind designed, used, or intended for use in silencing the report of any firearm. These devices shall be owned and maintained by lawfully recognized units of government whose duties include the investigation of criminal acts.

(g-10) (Blank).

(g-15) Subsections 24-1.12(a) and 24-1.12(b) do not apply to or affect any of the following:

(1) Possession, for purposes of investigation or disposition of any non-serialized handgun ammunition, by a forensic laboratory or any authorized agent or employee of that laboratory in the course and scope of his or her authorized activities.

(2) Possession, for purposes of investigation, evidence, or disposition, of any non-serialized handgun ammunition by any State or unit of local government agency charged with law enforcement or by the Illinois State Police or by any authorized agent or employee of the agency, within the course and scope of his or her official duties.

(3) Possession, for purposes of disposal, or the disposal, of non-serialized handgun ammunition by an executor or administrator of an estate if all of the following are met:

(A) the non-serialized handgun ammunition was lawfully possessed, included within the estate, and the executor or administrator possesses or disposes of the non-serialized handgun ammunition in a manner consistent with this Article.

(B) the disposition is to a person or entity that may possess the non-serialized handgun ammunition in a manner consistent with this Article and possession is otherwise lawful; and

(C) the disposition transfers the non-serialized handgun ammunition out of this State or to a law enforcement agency for disposition.

(4) Possession of non-serialized handgun ammunition for purposes of transporting it to a law enforcement agency for disposition, if possession is otherwise lawful, and if the law enforcement agency has been notified prior to delivery of the handgun ammunition.

(5) Possession of non-serialized handgun ammunition by peace officers from other states during the discharge of their official duties in this State.

(6) Possession of non-serialized handgun ammunition by members of the Armed Services or Reserve Forces of the United States or the Illinois National Guard or the Reserve Officers Training Corps, while in the performance of their official duties.

(7) Possession or exhibition of non-serialized handgun ammunition by a museum or collector, in a fixed or mobile exhibit or for educational purposes.

(8) Transportation of non-serialized handgun ammunition by those permitted to be in possession of that ammunition and firearms for that ammunition from their residence to public and private shooting events and ranges for a period of 10 years after the effective date of this amendatory act of the 103rd General Assembly.

(9) Transfer of non-serialized handgun ammunition from a retail mercantile establishment in this state to another retail mercantile establishment outside of this State.

(10) Possession of non-serialized handgun ammunition inventory by a retail mercantile establishment manufactured before January 1, 2024 and possessed by the retail mercantile establishment until that inventory is sold or exhausted in compliance with this Article.

(11) Possession of non-serialized handgun ammunition by a person issued a concealed carry license by the Illinois State Police under the Firearm Concealed Carry Act or issued a Firearm Owner's Identification Card by the Illinois State Police under the Firearm Owners Identification Card Act on his or her person, in a firearm, or in a vehicle for 15 years after the effective date of this amendatory Act of the 103rd General Assembly.

(12) Possession of non-serialized handgun ammunition by persons engaged in the development of new calibers, new rifles, new handguns, and ammunition that is used in those rifles and handguns or modifications to existing rifles or handguns. Possession of non-serialized handgun ammunition under this paragraph (12) must be in compliance with this Article, the number of rounds must not exceed 15,000, must be used solely for development purposes, and must be transported with the firearms for which they are used.

(13) Possession of non-serialized handgun ammunition by persons engaged in the non-commercial reloading of ammunition.

(14) Possession and storage of non-serialized handgun ammunition in the owner's dwelling, farm, or farm outbuilding, or while at a public or private firearm range.

(15) Possession of non-serialized handgun ammunition by persons involved in the protection of dignitaries from domestic or foreign governments under the direction and authorization of the Illinois State Police, which may charge a fee for use of that ammunition which shall not exceed the cost of that ammunition to the Illinois State Police.

(16) Ammunition used in black powder firearms regardless of the date of manufacture of the firearms.

(17) Projectiles that are determined by the Illinois State Police to be less than lethal that may be fired from devices that are in possession of persons lawfully able to possess those devices.

(g-16) The Illinois State Police shall annually review the exemptions contained in subsection (g-15) of this Section and make recommendations to the Governor and General Assembly for changes in exemptions permitted by subsection (g-15).

(h) An information or indictment based upon a violation of any subsection of this Article need not negative any exemptions contained in this Article. The defendant shall have the burden of proving such an exemption.

(i) Nothing in this Article shall prohibit, apply to, or affect the transportation, carrying, or possession, of any pistol or revolver, stun gun, taser, or other firearm consigned to a common carrier operating under license of the State of Illinois or the federal government, where such transportation, carrying, or possession is incident to the lawful transportation in which such common carrier is engaged; and nothing in this Article shall prohibit, apply to, or affect the transportation, carrying, or possession of any pistol, revolver, stun gun, taser, or other firearm, not the subject of and regulated by subsection 24-1(a)(7) or subsection 24-2(c) of this Article, which is unloaded and enclosed in a case, firearm carrying box, shipping box, or other container, by the possessor of a valid Firearm Owners Identification Card.

(Source: P.A. 101-80, eff. 7-12-19; 102-152, eff. 1-1-22; 102-779, eff. 1-1-23; 102-837, eff. 5-13-22; revised 12-14-22.)

(720 ILCS 5/24-4) (from Ch. 38, par. 24-4)

Sec. 24-4. Register of sales by dealer.

(a) Any seller of firearms of a size which may be concealed upon the person, other than a manufacturer selling to a bona fide wholesaler or retailer or a wholesaler selling to a bona fide retailer, shall keep a register of all firearms sold or given away.

(b) Such register shall contain the date of the sale or gift, the name, address, age and occupation of the person to whom the weapon is sold or given, the price of the weapon, the kind, description and number of the weapon, and the purpose for which it is purchased and obtained.

(c) Such seller on demand of a peace officer shall produce for inspection the register and allow such peace officer to inspect such register and all stock on hand.

(c-5) Beginning January 1, 2024, the Illinois State Police shall maintain a centralized registry of all reports of handgun ammunition transactions reported to the Illinois State Police under Section 24-1.13, in a manner prescribed by the Illinois State Police. Information in the registry, upon proper application for that information, shall be furnished to the officers listed in Section 24-1.13, or to the person listed in the registry as the owner of the particular handgun ammunition.

(d) Sentence.

Violation of this Section is a Class B misdemeanor.

(Source: P.A. 77-2638.)

(720 ILCS 5/24-5) (from Ch. 38, par. 24-5)

Sec. 24-5. Defacing identification marks of firearms.

(a) Any person who shall knowingly or intentionally change, alter, remove or obliterate the name of the importer's or manufacturer's serial number of any firearm commits a Class 2 felony.

(b) A person who possesses any firearm upon which any such importer's or manufacturer's serial number has been changed, altered, removed or obliterated commits a Class 3 felony.

(b-5) Beginning January 1, 2024, any person who knowingly destroys, obliterates, or otherwise renders unreadable, the serialization required under Section 24-1.12, on any bullet or assembled handgun ammunition is guilty of a Class A misdemeanor.

(c) Nothing in this Section shall prevent a person from making repairs, replacement of parts, or other changes to a firearm if those repairs, replacement of parts, or changes cause the removal of the name of the maker, model, or other marks of identification other than the serial number on the firearm's frame or receiver.

(d) A prosecution for a violation of this Section may be commenced within 6 years after the commission of the offense.

(Source: P.A. 93-906, eff. 8-11-04.)

Section 99. Effective date. This Act takes effect upon becoming law.