Sen. Don Harmon

Filed: 1/8/2023

 

 


 

 


 
10200HB5471sam001LRB102 24372 JDS 42553 a

1
AMENDMENT TO HOUSE BILL 5471

2    AMENDMENT NO. ______. Amend House Bill 5471 by replacing
3everything after the enacting clause with the following:
 
4    "Section 1. This Act may be referred to as the Protect
5Illinois Communities Act.
 
6    Section 5. The Illinois State Police Law of the Civil
7Administrative Code of Illinois is amended by changing
8Sections 2605-35 and 2605-51.1 as follows:
 
9    (20 ILCS 2605/2605-35)  (was 20 ILCS 2605/55a-3)
10    Sec. 2605-35. Division of Criminal Investigation.
11    (a) The Division of Criminal Investigation shall exercise
12the following functions and those in Section 2605-30:
13        (1) Exercise the rights, powers, and duties vested by
14    law in the Illinois State Police by the Illinois Horse
15    Racing Act of 1975, including those set forth in Section

 

 

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1    2605-215.
2        (2) Investigate the origins, activities, personnel,
3    and incidents of crime and enforce the criminal laws of
4    this State related thereto.
5        (3) Enforce all laws regulating the production, sale,
6    prescribing, manufacturing, administering, transporting,
7    having in possession, dispensing, delivering,
8    distributing, or use of controlled substances and
9    cannabis.
10        (4) Cooperate with the police of cities, villages, and
11    incorporated towns and with the police officers of any
12    county in enforcing the laws of the State and in making
13    arrests and recovering property.
14        (5) Apprehend and deliver up any person charged in
15    this State or any other state with treason or a felony or
16    other crime who has fled from justice and is found in this
17    State.
18        (6) Investigate recipients and providers under the
19    Illinois Public Aid Code and any personnel involved in the
20    administration of the Code who are suspected of any
21    violation of the Code pertaining to fraud in the
22    administration, receipt, or provision of assistance and
23    pertaining to any violation of criminal law; and exercise
24    the functions required under Section 2605-220 in the
25    conduct of those investigations.
26        (7) Conduct other investigations as provided by law,

 

 

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1    including, but not limited to, investigations of human
2    trafficking, illegal drug trafficking, and illegal
3    firearms trafficking.
4        (8) Investigate public corruption.
5        (9) Exercise other duties that may be assigned by the
6    Director in order to fulfill the responsibilities and
7    achieve the purposes of the Illinois State Police, which
8    may include the coordination of gang, terrorist, and
9    organized crime prevention, control activities, and
10    assisting local law enforcement in their crime control
11    activities.
12        (10) Conduct investigations (and cooperate with
13    federal law enforcement agencies in the investigation) of
14    any property-related crimes, such as money laundering,
15    involving individuals or entities listed on the sanctions
16    list maintained by the U.S. Department of Treasury's
17    Office of Foreign Asset Control.
18    (b) (Blank).
19    (c) The Division of Criminal Investigation shall provide
20statewide coordination and strategy pertaining to
21firearm-related intelligence, firearms trafficking
22interdiction, and investigations reaching across all divisions
23of the Illinois State Police, including providing crime gun
24intelligence support for suspects and firearms involved in
25firearms trafficking or the commission of a crime involving
26firearms that is investigated by the Illinois State Police and

 

 

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1other federal, State, and local law enforcement agencies, with
2the objective of reducing and preventing illegal possession
3and use of firearms, firearms trafficking, firearm-related
4homicides, and other firearm-related violent crimes in
5Illinois.
6(Source: P.A. 102-538, eff. 8-20-21; 102-813, eff. 5-13-22;
7102-1108, eff. 12-21-22.)
 
8    (20 ILCS 2605/2605-51.1)
9    (Section scheduled to be repealed on June 1, 2026)
10    Sec. 2605-51.1. Commission on Implementing the Firearms
11Restraining Order Act.
12    (a) There is created the Commission on Implementing the
13Firearms Restraining Order Act composed of at least 12 members
14to advise on the strategies of education and implementation of
15the Firearms Restraining Order Act. The Commission shall be
16appointed by the Director of the Illinois State Police or his
17or her designee and shall include a liaison or representative
18nominated from the following:
19        (1) the Office of the Attorney General, appointed by
20    the Attorney General;
21        (2) the Director of the Illinois State Police or his
22    or her designee;
23        (3) at least 3 State's Attorneys, nominated by the
24    Director of the Office of the State's Attorneys Appellate
25    Prosecutor;

 

 

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1        (4) at least 2 municipal police department
2    representatives, nominated by the Illinois Association of
3    Chiefs of Police;
4        (5) an Illinois sheriff, nominated by the Illinois
5    Sheriffs' Association;
6        (6) the Director of Public Health or his or her
7    designee;
8        (7) the Illinois Law Enforcement Training Standards
9    Board, nominated by the Executive Director of the Board;
10        (8) a representative from a public defender's office,
11    nominated by the State Appellate Defender;
12        (9) a circuit court judge, nominated by the Chief
13    Justice of the Supreme Court;
14        (10) a prosecutor with experience managing or
15    directing a program in another state where the
16    implementation of that state's extreme risk protection
17    order law has achieved high rates of petition filings
18    nominated by the National District Attorneys Association;
19    and
20        (11) an expert from law enforcement who has experience
21    managing or directing a program in another state where the
22    implementation of that state's extreme risk protection
23    order law has achieved high rates of petition filings
24    nominated by the Director of the Illinois State Police;
25    and
26        (12) a circuit court clerk, nominated by the President

 

 

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1    of the Illinois Association of Court Clerks.
2    (b) The Commission shall be chaired by the Director of the
3Illinois State Police or his or her designee. The Commission
4shall meet, either virtually or in person, to discuss the
5implementation of the Firearms Restraining Order Act as
6determined by the Commission while the strategies are being
7established.
8    (c) The members of the Commission shall serve without
9compensation and shall serve 3-year terms.
10    (d) An annual report shall be submitted to the General
11Assembly by the Commission that may include summary
12information about firearms restraining order use by county,
13challenges to Firearms Restraining Order Act implementation,
14and recommendations for increasing and improving
15implementation.
16    (e) The Commission shall develop a model policy with an
17overall framework for the timely relinquishment of firearms
18whenever a firearms restraining order is issued. The model
19policy shall be finalized within the first 4 months of
20convening. In formulating the model policy, the Commission
21shall consult counties in Illinois and other states with
22extreme risk protection order laws which have achieved a high
23rate of petition filings. Once approved, the Illinois State
24Police shall work with their local law enforcement agencies
25within their county to design a comprehensive strategy for the
26timely relinquishment of firearms, using the model policy as

 

 

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1an overall framework. Each individual agency may make small
2modifications as needed to the model policy and must approve
3and adopt a policy that aligns with the model policy. The
4Illinois State Police shall convene local police chiefs and
5sheriffs within their county as needed to discuss the
6relinquishment of firearms.
7    (f) The Commission shall be dissolved June 1, 2025 (3
8years after the effective date of Public Act 102-345).
9    (g) This Section is repealed June 1, 2026 (4 years after
10the effective date of Public Act 102-345).
11(Source: P.A. 102-345, eff. 6-1-22; 102-813, eff. 5-13-22.)
 
12    Section 7. The Illinois Procurement Code is amended by
13changing Section 1-10 as follows:
 
14    (30 ILCS 500/1-10)
15    Sec. 1-10. Application.
16    (a) This Code applies only to procurements for which
17bidders, offerors, potential contractors, or contractors were
18first solicited on or after July 1, 1998. This Code shall not
19be construed to affect or impair any contract, or any
20provision of a contract, entered into based on a solicitation
21prior to the implementation date of this Code as described in
22Article 99, including, but not limited to, any covenant
23entered into with respect to any revenue bonds or similar
24instruments. All procurements for which contracts are

 

 

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1solicited between the effective date of Articles 50 and 99 and
2July 1, 1998 shall be substantially in accordance with this
3Code and its intent.
4    (b) This Code shall apply regardless of the source of the
5funds with which the contracts are paid, including federal
6assistance moneys. This Code shall not apply to:
7        (1) Contracts between the State and its political
8    subdivisions or other governments, or between State
9    governmental bodies, except as specifically provided in
10    this Code.
11        (2) Grants, except for the filing requirements of
12    Section 20-80.
13        (3) Purchase of care, except as provided in Section
14    5-30.6 of the Illinois Public Aid Code and this Section.
15        (4) Hiring of an individual as an employee and not as
16    an independent contractor, whether pursuant to an
17    employment code or policy or by contract directly with
18    that individual.
19        (5) Collective bargaining contracts.
20        (6) Purchase of real estate, except that notice of
21    this type of contract with a value of more than $25,000
22    must be published in the Procurement Bulletin within 10
23    calendar days after the deed is recorded in the county of
24    jurisdiction. The notice shall identify the real estate
25    purchased, the names of all parties to the contract, the
26    value of the contract, and the effective date of the

 

 

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1    contract.
2        (7) Contracts necessary to prepare for anticipated
3    litigation, enforcement actions, or investigations,
4    provided that the chief legal counsel to the Governor
5    shall give his or her prior approval when the procuring
6    agency is one subject to the jurisdiction of the Governor,
7    and provided that the chief legal counsel of any other
8    procuring entity subject to this Code shall give his or
9    her prior approval when the procuring entity is not one
10    subject to the jurisdiction of the Governor.
11        (8) (Blank).
12        (9) Procurement expenditures by the Illinois
13    Conservation Foundation when only private funds are used.
14        (10) (Blank).
15        (11) Public-private agreements entered into according
16    to the procurement requirements of Section 20 of the
17    Public-Private Partnerships for Transportation Act and
18    design-build agreements entered into according to the
19    procurement requirements of Section 25 of the
20    Public-Private Partnerships for Transportation Act.
21        (12) (A) Contracts for legal, financial, and other
22    professional and artistic services entered into by the
23    Illinois Finance Authority in which the State of Illinois
24    is not obligated. Such contracts shall be awarded through
25    a competitive process authorized by the members of the
26    Illinois Finance Authority and are subject to Sections

 

 

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1    5-30, 20-160, 50-13, 50-20, 50-35, and 50-37 of this Code,
2    as well as the final approval by the members of the
3    Illinois Finance Authority of the terms of the contract.
4        (B) Contracts for legal and financial services entered
5    into by the Illinois Housing Development Authority in
6    connection with the issuance of bonds in which the State
7    of Illinois is not obligated. Such contracts shall be
8    awarded through a competitive process authorized by the
9    members of the Illinois Housing Development Authority and
10    are subject to Sections 5-30, 20-160, 50-13, 50-20, 50-35,
11    and 50-37 of this Code, as well as the final approval by
12    the members of the Illinois Housing Development Authority
13    of the terms of the contract.
14        (13) Contracts for services, commodities, and
15    equipment to support the delivery of timely forensic
16    science services in consultation with and subject to the
17    approval of the Chief Procurement Officer as provided in
18    subsection (d) of Section 5-4-3a of the Unified Code of
19    Corrections, except for the requirements of Sections
20    20-60, 20-65, 20-70, and 20-160 and Article 50 of this
21    Code; however, the Chief Procurement Officer may, in
22    writing with justification, waive any certification
23    required under Article 50 of this Code. For any contracts
24    for services which are currently provided by members of a
25    collective bargaining agreement, the applicable terms of
26    the collective bargaining agreement concerning

 

 

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1    subcontracting shall be followed.
2        On and after January 1, 2019, this paragraph (13),
3    except for this sentence, is inoperative.
4        (14) Contracts for participation expenditures required
5    by a domestic or international trade show or exhibition of
6    an exhibitor, member, or sponsor.
7        (15) Contracts with a railroad or utility that
8    requires the State to reimburse the railroad or utilities
9    for the relocation of utilities for construction or other
10    public purpose. Contracts included within this paragraph
11    (15) shall include, but not be limited to, those
12    associated with: relocations, crossings, installations,
13    and maintenance. For the purposes of this paragraph (15),
14    "railroad" means any form of non-highway ground
15    transportation that runs on rails or electromagnetic
16    guideways and "utility" means: (1) public utilities as
17    defined in Section 3-105 of the Public Utilities Act, (2)
18    telecommunications carriers as defined in Section 13-202
19    of the Public Utilities Act, (3) electric cooperatives as
20    defined in Section 3.4 of the Electric Supplier Act, (4)
21    telephone or telecommunications cooperatives as defined in
22    Section 13-212 of the Public Utilities Act, (5) rural
23    water or waste water systems with 10,000 connections or
24    less, (6) a holder as defined in Section 21-201 of the
25    Public Utilities Act, and (7) municipalities owning or
26    operating utility systems consisting of public utilities

 

 

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1    as that term is defined in Section 11-117-2 of the
2    Illinois Municipal Code.
3        (16) Procurement expenditures necessary for the
4    Department of Public Health to provide the delivery of
5    timely newborn screening services in accordance with the
6    Newborn Metabolic Screening Act.
7        (17) Procurement expenditures necessary for the
8    Department of Agriculture, the Department of Financial and
9    Professional Regulation, the Department of Human Services,
10    and the Department of Public Health to implement the
11    Compassionate Use of Medical Cannabis Program and Opioid
12    Alternative Pilot Program requirements and ensure access
13    to medical cannabis for patients with debilitating medical
14    conditions in accordance with the Compassionate Use of
15    Medical Cannabis Program Act.
16        (18) This Code does not apply to any procurements
17    necessary for the Department of Agriculture, the
18    Department of Financial and Professional Regulation, the
19    Department of Human Services, the Department of Commerce
20    and Economic Opportunity, and the Department of Public
21    Health to implement the Cannabis Regulation and Tax Act if
22    the applicable agency has made a good faith determination
23    that it is necessary and appropriate for the expenditure
24    to fall within this exemption and if the process is
25    conducted in a manner substantially in accordance with the
26    requirements of Sections 20-160, 25-60, 30-22, 50-5,

 

 

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1    50-10, 50-10.5, 50-12, 50-13, 50-15, 50-20, 50-21, 50-35,
2    50-36, 50-37, 50-38, and 50-50 of this Code; however, for
3    Section 50-35, compliance applies only to contracts or
4    subcontracts over $100,000. Notice of each contract
5    entered into under this paragraph (18) that is related to
6    the procurement of goods and services identified in
7    paragraph (1) through (9) of this subsection shall be
8    published in the Procurement Bulletin within 14 calendar
9    days after contract execution. The Chief Procurement
10    Officer shall prescribe the form and content of the
11    notice. Each agency shall provide the Chief Procurement
12    Officer, on a monthly basis, in the form and content
13    prescribed by the Chief Procurement Officer, a report of
14    contracts that are related to the procurement of goods and
15    services identified in this subsection. At a minimum, this
16    report shall include the name of the contractor, a
17    description of the supply or service provided, the total
18    amount of the contract, the term of the contract, and the
19    exception to this Code utilized. A copy of any or all of
20    these contracts shall be made available to the Chief
21    Procurement Officer immediately upon request. The Chief
22    Procurement Officer shall submit a report to the Governor
23    and General Assembly no later than November 1 of each year
24    that includes, at a minimum, an annual summary of the
25    monthly information reported to the Chief Procurement
26    Officer. This exemption becomes inoperative 5 years after

 

 

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1    June 25, 2019 (the effective date of Public Act 101-27).
2        (19) Acquisition of modifications or adjustments,
3    limited to assistive technology devices and assistive
4    technology services, adaptive equipment, repairs, and
5    replacement parts to provide reasonable accommodations (i)
6    that enable a qualified applicant with a disability to
7    complete the job application process and be considered for
8    the position such qualified applicant desires, (ii) that
9    modify or adjust the work environment to enable a
10    qualified current employee with a disability to perform
11    the essential functions of the position held by that
12    employee, (iii) to enable a qualified current employee
13    with a disability to enjoy equal benefits and privileges
14    of employment as are enjoyed by other similarly situated
15    employees without disabilities, and (iv) that allow a
16    customer, client, claimant, or member of the public
17    seeking State services full use and enjoyment of and
18    access to its programs, services, or benefits.
19        For purposes of this paragraph (19):
20        "Assistive technology devices" means any item, piece
21    of equipment, or product system, whether acquired
22    commercially off the shelf, modified, or customized, that
23    is used to increase, maintain, or improve functional
24    capabilities of individuals with disabilities.
25        "Assistive technology services" means any service that
26    directly assists an individual with a disability in

 

 

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1    selection, acquisition, or use of an assistive technology
2    device.
3        "Qualified" has the same meaning and use as provided
4    under the federal Americans with Disabilities Act when
5    describing an individual with a disability.
6        (20) Procurement expenditures necessary for the
7    Illinois Commerce Commission to hire third-party
8    facilitators pursuant to Sections 16-105.17 and 16-108.18
9    of the Public Utilities Act or an ombudsman pursuant to
10    Section 16-107.5 of the Public Utilities Act, a
11    facilitator pursuant to Section 16-105.17 of the Public
12    Utilities Act, or a grid auditor pursuant to Section
13    16-105.10 of the Public Utilities Act.
14        (21) Procurement expenditures for the purchase,
15    renewal, and expansion of software, software licenses, or
16    software maintenance agreements that support the efforts
17    of the Illinois State Police to enforce, regulate, and
18    administer the Firearm Owners Identification Card Act, the
19    Firearm Concealed Carry Act, the Firearms Restraining
20    Order Act, the Firearm Dealer License Certification Act,
21    the Law Enforcement Agencies Data System (LEADS), the
22    Uniform Crime Reporting Act, the Criminal Identification
23    Act, the Uniform Conviction Information Act, and the Gun
24    Trafficking Information Act, or establish or maintain
25    record management systems necessary to conduct human
26    trafficking investigations or gun trafficking or other

 

 

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1    stolen firearm investigations. This paragraph (21) applies
2    to contracts entered into on or after the effective date
3    of this amendatory Act of the 102nd General Assembly and
4    the renewal of contracts that are in effect on the
5    effective date of this amendatory Act of the 102nd General
6    Assembly.
7    Notwithstanding any other provision of law, for contracts
8with an annual value of more than $100,000 entered into on or
9after October 1, 2017 under an exemption provided in any
10paragraph of this subsection (b), except paragraph (1), (2),
11or (5), each State agency shall post to the appropriate
12procurement bulletin the name of the contractor, a description
13of the supply or service provided, the total amount of the
14contract, the term of the contract, and the exception to the
15Code utilized. The chief procurement officer shall submit a
16report to the Governor and General Assembly no later than
17November 1 of each year that shall include, at a minimum, an
18annual summary of the monthly information reported to the
19chief procurement officer.
20    (c) This Code does not apply to the electric power
21procurement process provided for under Section 1-75 of the
22Illinois Power Agency Act and Section 16-111.5 of the Public
23Utilities Act.
24    (d) Except for Section 20-160 and Article 50 of this Code,
25and as expressly required by Section 9.1 of the Illinois
26Lottery Law, the provisions of this Code do not apply to the

 

 

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1procurement process provided for under Section 9.1 of the
2Illinois Lottery Law.
3    (e) This Code does not apply to the process used by the
4Capital Development Board to retain a person or entity to
5assist the Capital Development Board with its duties related
6to the determination of costs of a clean coal SNG brownfield
7facility, as defined by Section 1-10 of the Illinois Power
8Agency Act, as required in subsection (h-3) of Section 9-220
9of the Public Utilities Act, including calculating the range
10of capital costs, the range of operating and maintenance
11costs, or the sequestration costs or monitoring the
12construction of clean coal SNG brownfield facility for the
13full duration of construction.
14    (f) (Blank).
15    (g) (Blank).
16    (h) This Code does not apply to the process to procure or
17contracts entered into in accordance with Sections 11-5.2 and
1811-5.3 of the Illinois Public Aid Code.
19    (i) Each chief procurement officer may access records
20necessary to review whether a contract, purchase, or other
21expenditure is or is not subject to the provisions of this
22Code, unless such records would be subject to attorney-client
23privilege.
24    (j) This Code does not apply to the process used by the
25Capital Development Board to retain an artist or work or works
26of art as required in Section 14 of the Capital Development

 

 

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1Board Act.
2    (k) This Code does not apply to the process to procure
3contracts, or contracts entered into, by the State Board of
4Elections or the State Electoral Board for hearing officers
5appointed pursuant to the Election Code.
6    (l) This Code does not apply to the processes used by the
7Illinois Student Assistance Commission to procure supplies and
8services paid for from the private funds of the Illinois
9Prepaid Tuition Fund. As used in this subsection (l), "private
10funds" means funds derived from deposits paid into the
11Illinois Prepaid Tuition Trust Fund and the earnings thereon.
12    (m) This Code shall apply regardless of the source of
13funds with which contracts are paid, including federal
14assistance moneys. Except as specifically provided in this
15Code, this Code shall not apply to procurement expenditures
16necessary for the Department of Public Health to conduct the
17Healthy Illinois Survey in accordance with Section 2310-431 of
18the Department of Public Health Powers and Duties Law of the
19Civil Administrative Code of Illinois.
20(Source: P.A. 101-27, eff. 6-25-19; 101-81, eff. 7-12-19;
21101-363, eff. 8-9-19; 102-175, eff. 7-29-21; 102-483, eff
221-1-22; 102-558, eff. 8-20-21; 102-600, eff. 8-27-21; 102-662,
23eff. 9-15-21; 102-721, eff. 1-1-23; 102-813, eff. 5-13-22.)
 
24    Section 10. The Firearm Owners Identification Card Act is
25amended by changing Sections 2, 3, 4, and 8 and by adding

 

 

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1Section 4.1 as follows:
 
2    (430 ILCS 65/2)  (from Ch. 38, par. 83-2)
3    Sec. 2. Firearm Owner's Identification Card required;
4exceptions.
5    (a) (1) No person may acquire or possess any firearm, stun
6gun, or taser within this State without having in his or her
7possession a Firearm Owner's Identification Card previously
8issued in his or her name by the Illinois State Police under
9the provisions of this Act.
10    (2) No person may acquire or possess firearm ammunition
11within this State without having in his or her possession a
12Firearm Owner's Identification Card previously issued in his
13or her name by the Illinois State Police under the provisions
14of this Act.
15    (b) The provisions of this Section regarding the
16possession of firearms, firearm ammunition, stun guns, and
17tasers do not apply to:
18        (1) United States Marshals, while engaged in the
19    operation of their official duties;
20        (2) Members of the Armed Forces of the United States
21    or the National Guard, while engaged in the operation of
22    their official duties;
23        (3) Federal officials required to carry firearms,
24    while engaged in the operation of their official duties;
25        (4) Members of bona fide veterans organizations which

 

 

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1    receive firearms directly from the armed forces of the
2    United States, while using the firearms for ceremonial
3    purposes with blank ammunition;
4        (5) Nonresident hunters during hunting season, with
5    valid nonresident hunting licenses and while in an area
6    where hunting is permitted; however, at all other times
7    and in all other places these persons must have their
8    firearms unloaded and enclosed in a case;
9        (6) Those hunters exempt from obtaining a hunting
10    license who are required to submit their Firearm Owner's
11    Identification Card when hunting on Department of Natural
12    Resources owned or managed sites;
13        (7) Nonresidents while on a firing or shooting range
14    recognized by the Illinois State Police; however, these
15    persons must at all other times and in all other places
16    have their firearms unloaded and enclosed in a case;
17        (8) Nonresidents while at a firearm showing or display
18    recognized by the Illinois State Police; however, at all
19    other times and in all other places these persons must
20    have their firearms unloaded and enclosed in a case;
21        (9) Nonresidents whose firearms are unloaded and
22    enclosed in a case;
23        (10) Nonresidents who are currently licensed or
24    registered to possess a firearm in their resident state;
25        (11) Unemancipated minors while in the custody and
26    immediate control of their parent or legal guardian or

 

 

10200HB5471sam001- 21 -LRB102 24372 JDS 42553 a

1    other person in loco parentis to the minor if the parent or
2    legal guardian or other person in loco parentis to the
3    minor has a currently valid Firearm Owner's Identification
4    Card;
5        (12) Color guards of bona fide veterans organizations
6    or members of bona fide American Legion bands while using
7    firearms for ceremonial purposes with blank ammunition;
8        (13) Nonresident hunters whose state of residence does
9    not require them to be licensed or registered to possess a
10    firearm and only during hunting season, with valid hunting
11    licenses, while accompanied by, and using a firearm owned
12    by, a person who possesses a valid Firearm Owner's
13    Identification Card and while in an area within a
14    commercial club licensed under the Wildlife Code where
15    hunting is permitted and controlled, but in no instance
16    upon sites owned or managed by the Department of Natural
17    Resources;
18        (14) Resident hunters who are properly authorized to
19    hunt and, while accompanied by a person who possesses a
20    valid Firearm Owner's Identification Card, hunt in an area
21    within a commercial club licensed under the Wildlife Code
22    where hunting is permitted and controlled; and
23        (15) A person who is otherwise eligible to obtain a
24    Firearm Owner's Identification Card under this Act and is
25    under the direct supervision of a holder of a Firearm
26    Owner's Identification Card who is 21 years of age or

 

 

10200HB5471sam001- 22 -LRB102 24372 JDS 42553 a

1    older while the person is on a firing or shooting range or
2    is a participant in a firearms safety and training course
3    recognized by a law enforcement agency or a national,
4    statewide shooting sports organization; and
5        (16) Competitive shooting athletes whose competition
6    firearms are sanctioned by the International Olympic
7    Committee, the International Paralympic Committee, the
8    International Shooting Sport Federation, or USA Shooting
9    in connection with such athletes' training for and
10    participation in shooting competitions at the 2016 Olympic
11    and Paralympic Games and sanctioned test events leading up
12    to the 2016 Olympic and Paralympic Games.
13    (c) The provisions of this Section regarding the
14acquisition and possession of firearms, firearm ammunition,
15stun guns, and tasers do not apply to law enforcement
16officials of this or any other jurisdiction, while engaged in
17the operation of their official duties.
18    (c-5) The provisions of paragraphs (1) and (2) of
19subsection (a) of this Section regarding the possession of
20firearms and firearm ammunition do not apply to the holder of a
21valid concealed carry license issued under the Firearm
22Concealed Carry Act who is in physical possession of the
23concealed carry license.
24    (d) Any person who becomes a resident of this State, who is
25not otherwise prohibited from obtaining, possessing, or using
26a firearm or firearm ammunition, shall not be required to have

 

 

10200HB5471sam001- 23 -LRB102 24372 JDS 42553 a

1a Firearm Owner's Identification Card to possess firearms or
2firearms ammunition until 60 calendar days after he or she
3obtains an Illinois driver's license or Illinois
4Identification Card.
5(Source: P.A. 102-538, eff. 8-20-21.)
 
6    (430 ILCS 65/3)  (from Ch. 38, par. 83-3)
7    (Text of Section before amendment by P.A. 102-237)
8    Sec. 3. (a) Except as provided in Section 3a, no person may
9knowingly transfer, or cause to be transferred, any firearm,
10firearm ammunition, stun gun, or taser to any person within
11this State unless the transferee with whom he deals displays
12either: (1) a currently valid Firearm Owner's Identification
13Card which has previously been issued in his or her name by the
14Illinois State Police under the provisions of this Act; or (2)
15a currently valid license to carry a concealed firearm which
16has previously been issued in his or her name by the Illinois
17State Police under the Firearm Concealed Carry Act. In
18addition, all firearm, stun gun, and taser transfers by
19federally licensed firearm dealers are subject to Section 3.1.
20    (a-5) Any person who is not a federally licensed firearm
21dealer and who desires to transfer or sell a firearm while that
22person is on the grounds of a gun show must, before selling or
23transferring the firearm, request the Illinois State Police to
24conduct a background check on the prospective recipient of the
25firearm in accordance with Section 3.1.

 

 

10200HB5471sam001- 24 -LRB102 24372 JDS 42553 a

1    (a-10) Notwithstanding item (2) of subsection (a) of this
2Section, any person who is not a federally licensed firearm
3dealer and who desires to transfer or sell a firearm or
4firearms to any person who is not a federally licensed firearm
5dealer shall, before selling or transferring the firearms,
6contact a federal firearm license dealer under paragraph (1)
7of subsection (a-15) of this Section to conduct the transfer
8or the Illinois State Police with the transferee's or
9purchaser's Firearm Owner's Identification Card number to
10determine the validity of the transferee's or purchaser's
11Firearm Owner's Identification Card under State and federal
12law including the National Instant Criminal Background Check
13System. This subsection shall not be effective until July 1,
142023. Until that date the transferor shall contact the
15Illinois State Police with the transferee's or purchaser's
16Firearm Owner's Identification Card number to determine the
17validity of the card January 1, 2014. The Illinois State
18Police may adopt rules concerning the implementation of this
19subsection. The Illinois State Police shall provide the seller
20or transferor an approval number if the purchaser's Firearm
21Owner's Identification Card is valid. Approvals issued by the
22Illinois State Police for the purchase of a firearm pursuant
23to this subsection are valid for 30 days from the date of
24issue.
25    (a-15) The provisions of subsection (a-10) of this Section
26do not apply to:

 

 

10200HB5471sam001- 25 -LRB102 24372 JDS 42553 a

1        (1) transfers that occur at the place of business of a
2    federally licensed firearm dealer, if the federally
3    licensed firearm dealer conducts a background check on the
4    prospective recipient of the firearm in accordance with
5    Section 3.1 of this Act and follows all other applicable
6    federal, State, and local laws as if he or she were the
7    seller or transferor of the firearm, although the dealer
8    is not required to accept the firearm into his or her
9    inventory. The purchaser or transferee may be required by
10    the federally licensed firearm dealer to pay a fee not to
11    exceed $25 $10 per firearm, which the dealer may retain as
12    compensation for performing the functions required under
13    this paragraph, plus the applicable fees authorized by
14    Section 3.1;
15        (2) transfers as a bona fide gift to the transferor's
16    husband, wife, son, daughter, stepson, stepdaughter,
17    father, mother, stepfather, stepmother, brother, sister,
18    nephew, niece, uncle, aunt, grandfather, grandmother,
19    grandson, granddaughter, father-in-law, mother-in-law,
20    son-in-law, or daughter-in-law;
21        (3) transfers by persons acting pursuant to operation
22    of law or a court order;
23        (4) transfers on the grounds of a gun show under
24    subsection (a-5) of this Section;
25        (5) the delivery of a firearm by its owner to a
26    gunsmith for service or repair, the return of the firearm

 

 

10200HB5471sam001- 26 -LRB102 24372 JDS 42553 a

1    to its owner by the gunsmith, or the delivery of a firearm
2    by a gunsmith to a federally licensed firearms dealer for
3    service or repair and the return of the firearm to the
4    gunsmith;
5        (6) temporary transfers that occur while in the home
6    of the unlicensed transferee, if the unlicensed transferee
7    is not otherwise prohibited from possessing firearms and
8    the unlicensed transferee reasonably believes that
9    possession of the firearm is necessary to prevent imminent
10    death or great bodily harm to the unlicensed transferee;
11        (7) transfers to a law enforcement or corrections
12    agency or a law enforcement or corrections officer acting
13    within the course and scope of his or her official duties;
14        (8) transfers of firearms that have been rendered
15    permanently inoperable to a nonprofit historical society,
16    museum, or institutional collection; and
17        (9) transfers to a person who is exempt from the
18    requirement of possessing a Firearm Owner's Identification
19    Card under Section 2 of this Act.
20    (a-20) The Illinois State Police shall develop an
21Internet-based system for individuals to determine the
22validity of a Firearm Owner's Identification Card prior to the
23sale or transfer of a firearm. The Illinois State Police shall
24have the Internet-based system updated completed and available
25for use by January 1, 2024 July 1, 2015. The Illinois State
26Police shall adopt rules not inconsistent with this Section to

 

 

10200HB5471sam001- 27 -LRB102 24372 JDS 42553 a

1implement this system; but no rule shall allow the Illinois
2State Police to retain records in contravention of State and
3federal law.
4    (a-25) On or before January 1, 2022, the Illinois State
5Police shall develop an Internet-based system upon which the
6serial numbers of firearms that have been reported stolen are
7available for public access for individuals to ensure any
8firearms are not reported stolen prior to the sale or transfer
9of a firearm under this Section. The Illinois State Police
10shall have the Internet-based system completed and available
11for use by July 1, 2022. The Illinois State Police shall adopt
12rules not inconsistent with this Section to implement this
13system.
14    (b) Any person within this State who transfers or causes
15to be transferred any firearm, stun gun, or taser shall keep a
16record of such transfer for a period of 10 years from the date
17of transfer. Any person within this State who receives any
18firearm, stun gun, or taser pursuant to subsection (a-10)
19shall provide a record of the transfer within 10 days of the
20transfer to a federally licensed firearm dealer and shall not
21be required to maintain a transfer record. The federally
22licensed firearm dealer shall maintain the transfer record for
2320 years from the date of receipt. A federally licensed
24firearm dealer may charge a fee not to exceed $25 to retain the
25record. The record shall be provided and maintained in either
26an electronic or paper format. The federally licensed firearm

 

 

10200HB5471sam001- 28 -LRB102 24372 JDS 42553 a

1dealer shall not be liable for the accuracy of any information
2in the transfer record submitted pursuant to this Section.
3Such records record shall contain the date of the transfer;
4the description, serial number or other information
5identifying the firearm, stun gun, or taser if no serial
6number is available; and, if the transfer was completed within
7this State, the transferee's Firearm Owner's Identification
8Card number and any approval number or documentation provided
9by the Illinois State Police pursuant to subsection (a-10) of
10this Section; if the transfer was not completed within this
11State, the record shall contain the name and address of the
12transferee. On or after January 1, 2006, the record shall
13contain the date of application for transfer of the firearm.
14On demand of a peace officer such transferor shall produce for
15inspection such record of transfer. For any transfer pursuant
16to subsection (a-10) of this Section, on the demand of a peace
17officer, such transferee shall identify the federally licensed
18firearm dealer maintaining the transfer record. If the
19transfer or sale took place at a gun show, the record shall
20include the unique identification number. Failure to record
21the unique identification number or approval number is a petty
22offense. For transfers of a firearm, stun gun, or taser made on
23or after January 18, 2019 (the effective date of Public Act
24100-1178), failure by the private seller to maintain the
25transfer records in accordance with this Section , or failure
26by a transferee pursuant to subsection a-10 of this Section to

 

 

10200HB5471sam001- 29 -LRB102 24372 JDS 42553 a

1identify the federally licensed firearm dealer maintaining the
2transfer record, is a Class A misdemeanor for the first
3offense and a Class 4 felony for a second or subsequent offense
4occurring within 10 years of the first offense and the second
5offense was committed after conviction of the first offense.
6Whenever any person who has not previously been convicted of
7any violation of subsection (a-5), the court may grant
8supervision pursuant to and consistent with the limitations of
9Section 5-6-1 of the Unified Code of Corrections. A transferee
10or transferor shall not be criminally liable under this
11Section provided that he or she provides the Illinois State
12Police with the transfer records in accordance with procedures
13established by the Illinois State Police. The Illinois State
14Police shall establish, by rule, a standard form on its
15website.
16    (b-5) Any resident may purchase ammunition from a person
17within or outside of Illinois if shipment is by United States
18mail or by a private express carrier authorized by federal law
19to ship ammunition. Any resident purchasing ammunition within
20or outside the State of Illinois must provide the seller with a
21copy of his or her valid Firearm Owner's Identification Card
22or valid concealed carry license and either his or her
23Illinois driver's license or Illinois State Identification
24Card prior to the shipment of the ammunition. The ammunition
25may be shipped only to an address on either of those 2
26documents.

 

 

10200HB5471sam001- 30 -LRB102 24372 JDS 42553 a

1    (c) The provisions of this Section regarding the transfer
2of firearm ammunition shall not apply to those persons
3specified in paragraph (b) of Section 2 of this Act.
4(Source: P.A. 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)
 
5    (Text of Section after amendment by P.A. 102-237)
6    Sec. 3. (a) Except as provided in Section 3a, no person may
7knowingly transfer, or cause to be transferred, any firearm,
8firearm ammunition, stun gun, or taser to any person within
9this State unless the transferee with whom he deals displays
10either: (1) a currently valid Firearm Owner's Identification
11Card which has previously been issued in his or her name by the
12Illinois State Police under the provisions of this Act; or (2)
13a currently valid license to carry a concealed firearm which
14has previously been issued in his or her name by the Illinois
15State Police under the Firearm Concealed Carry Act. In
16addition, all firearm, stun gun, and taser transfers by
17federally licensed firearm dealers are subject to Section 3.1.
18    (a-5) Any person who is not a federally licensed firearm
19dealer and who desires to transfer or sell a firearm while that
20person is on the grounds of a gun show must, before selling or
21transferring the firearm, request the Illinois State Police to
22conduct a background check on the prospective recipient of the
23firearm in accordance with Section 3.1.
24    (a-10) Notwithstanding item (2) of subsection (a) of this
25Section, any person who is not a federally licensed firearm

 

 

10200HB5471sam001- 31 -LRB102 24372 JDS 42553 a

1dealer and who desires to transfer or sell a firearm or
2firearms to any person who is not a federally licensed firearm
3dealer shall, before selling or transferring the firearms,
4contact a federal firearm license dealer under paragraph (1)
5of subsection (a-15) of this Section to conduct the transfer
6or the Illinois State Police with the transferee's or
7purchaser's Firearm Owner's Identification Card number to
8determine the validity of the transferee's or purchaser's
9Firearm Owner's Identification Card under State and federal
10law, including the National Instant Criminal Background Check
11System. This subsection shall not be effective until July 1,
122023 January 1, 2024. Until that date the transferor shall
13contact the Illinois State Police with the transferee's or
14purchaser's Firearm Owner's Identification Card number to
15determine the validity of the card. The Illinois State Police
16may adopt rules concerning the implementation of this
17subsection. The Illinois State Police shall provide the seller
18or transferor an approval number if the purchaser's Firearm
19Owner's Identification Card is valid. Approvals issued by the
20Illinois State Police for the purchase of a firearm pursuant
21to this subsection are valid for 30 days from the date of
22issue.
23    (a-15) The provisions of subsection (a-10) of this Section
24do not apply to:
25        (1) transfers that occur at the place of business of a
26    federally licensed firearm dealer, if the federally

 

 

10200HB5471sam001- 32 -LRB102 24372 JDS 42553 a

1    licensed firearm dealer conducts a background check on the
2    prospective recipient of the firearm in accordance with
3    Section 3.1 of this Act and follows all other applicable
4    federal, State, and local laws as if he or she were the
5    seller or transferor of the firearm, although the dealer
6    is not required to accept the firearm into his or her
7    inventory. The purchaser or transferee may be required by
8    the federally licensed firearm dealer to pay a fee not to
9    exceed $25 per firearm, which the dealer may retain as
10    compensation for performing the functions required under
11    this paragraph, plus the applicable fees authorized by
12    Section 3.1;
13        (2) transfers as a bona fide gift to the transferor's
14    husband, wife, son, daughter, stepson, stepdaughter,
15    father, mother, stepfather, stepmother, brother, sister,
16    nephew, niece, uncle, aunt, grandfather, grandmother,
17    grandson, granddaughter, father-in-law, mother-in-law,
18    son-in-law, or daughter-in-law;
19        (3) transfers by persons acting pursuant to operation
20    of law or a court order;
21        (4) transfers on the grounds of a gun show under
22    subsection (a-5) of this Section;
23        (5) the delivery of a firearm by its owner to a
24    gunsmith for service or repair, the return of the firearm
25    to its owner by the gunsmith, or the delivery of a firearm
26    by a gunsmith to a federally licensed firearms dealer for

 

 

10200HB5471sam001- 33 -LRB102 24372 JDS 42553 a

1    service or repair and the return of the firearm to the
2    gunsmith;
3        (6) temporary transfers that occur while in the home
4    of the unlicensed transferee, if the unlicensed transferee
5    is not otherwise prohibited from possessing firearms and
6    the unlicensed transferee reasonably believes that
7    possession of the firearm is necessary to prevent imminent
8    death or great bodily harm to the unlicensed transferee;
9        (7) transfers to a law enforcement or corrections
10    agency or a law enforcement or corrections officer acting
11    within the course and scope of his or her official duties;
12        (8) transfers of firearms that have been rendered
13    permanently inoperable to a nonprofit historical society,
14    museum, or institutional collection; and
15        (9) transfers to a person who is exempt from the
16    requirement of possessing a Firearm Owner's Identification
17    Card under Section 2 of this Act.
18    (a-20) The Illinois State Police shall develop an
19Internet-based system for individuals to determine the
20validity of a Firearm Owner's Identification Card prior to the
21sale or transfer of a firearm. The Illinois State Police shall
22have the Internet-based system updated and available for use
23by January 1, 2024. The Illinois State Police shall adopt
24rules not inconsistent with this Section to implement this
25system; but no rule shall allow the Illinois State Police to
26retain records in contravention of State and federal law.

 

 

10200HB5471sam001- 34 -LRB102 24372 JDS 42553 a

1    (a-25) On or before January 1, 2022, the Illinois State
2Police shall develop an Internet-based system upon which the
3serial numbers of firearms that have been reported stolen are
4available for public access for individuals to ensure any
5firearms are not reported stolen prior to the sale or transfer
6of a firearm under this Section. The Illinois State Police
7shall have the Internet-based system completed and available
8for use by July 1, 2022. The Illinois State Police shall adopt
9rules not inconsistent with this Section to implement this
10system.
11    (b) Any person within this State who transfers or causes
12to be transferred any firearm, stun gun, or taser shall keep a
13record of such transfer for a period of 10 years from the date
14of transfer. Any person within this State who receives any
15firearm, stun gun, or taser pursuant to subsection (a-10)
16shall provide a record of the transfer within 10 days of the
17transfer to a federally licensed firearm dealer and shall not
18be required to maintain a transfer record. The federally
19licensed firearm dealer shall maintain the transfer record for
2020 years from the date of receipt. A federally licensed
21firearm dealer may charge a fee not to exceed $25 to retain the
22record. The record shall be provided and maintained in either
23an electronic or paper format. The federally licensed firearm
24dealer shall not be liable for the accuracy of any information
25in the transfer record submitted pursuant to this Section.
26Such records shall contain the date of the transfer; the

 

 

10200HB5471sam001- 35 -LRB102 24372 JDS 42553 a

1description, serial number or other information identifying
2the firearm, stun gun, or taser if no serial number is
3available; and, if the transfer was completed within this
4State, the transferee's Firearm Owner's Identification Card
5number and any approval number or documentation provided by
6the Illinois State Police pursuant to subsection (a-10) of
7this Section; if the transfer was not completed within this
8State, the record shall contain the name and address of the
9transferee. On or after January 1, 2006, the record shall
10contain the date of application for transfer of the firearm.
11On demand of a peace officer such transferor shall produce for
12inspection such record of transfer. For any transfer pursuant
13to subsection (a-10) of this Section, on the demand of a peace
14officer, such transferee shall identify the federally licensed
15firearm dealer maintaining the transfer record. If the
16transfer or sale took place at a gun show, the record shall
17include the unique identification number. Failure to record
18the unique identification number or approval number is a petty
19offense. For transfers of a firearm, stun gun, or taser made on
20or after January 18, 2019 (the effective date of Public Act
21100-1178), failure by the private seller to maintain the
22transfer records in accordance with this Section, or failure
23by a transferee pursuant to subsection a-10 of this Section to
24identify the federally licensed firearm dealer maintaining the
25transfer record, is a Class A misdemeanor for the first
26offense and a Class 4 felony for a second or subsequent offense

 

 

10200HB5471sam001- 36 -LRB102 24372 JDS 42553 a

1occurring within 10 years of the first offense and the second
2offense was committed after conviction of the first offense.
3Whenever any person who has not previously been convicted of
4any violation of subsection (a-5), the court may grant
5supervision pursuant to and consistent with the limitations of
6Section 5-6-1 of the Unified Code of Corrections. A transferee
7or transferor shall not be criminally liable under this
8Section provided that he or she provides the Illinois State
9Police with the transfer records in accordance with procedures
10established by the Illinois State Police. The Illinois State
11Police shall establish, by rule, a standard form on its
12website.
13    (b-5) Any resident may purchase ammunition from a person
14within or outside of Illinois if shipment is by United States
15mail or by a private express carrier authorized by federal law
16to ship ammunition. Any resident purchasing ammunition within
17or outside the State of Illinois must provide the seller with a
18copy of his or her valid Firearm Owner's Identification Card
19or valid concealed carry license and either his or her
20Illinois driver's license or Illinois State Identification
21Card prior to the shipment of the ammunition. The ammunition
22may be shipped only to an address on either of those 2
23documents.
24    (c) The provisions of this Section regarding the transfer
25of firearm ammunition shall not apply to those persons
26specified in paragraph (b) of Section 2 of this Act.

 

 

10200HB5471sam001- 37 -LRB102 24372 JDS 42553 a

1(Source: P.A. 102-237, eff. 1-1-24; 102-538, eff. 8-20-21;
2102-813, eff. 5-13-22.)
 
3    (430 ILCS 65/3)  (from Ch. 38, par. 83-3)
4    (Text of Section before amendment by P.A. 102-237)
5    Sec. 3. (a) Except as provided in Section 3a, no person may
6knowingly transfer, or cause to be transferred, any firearm,
7firearm ammunition, stun gun, or taser to any person within
8this State unless the transferee with whom he deals displays
9either: (1) a currently valid Firearm Owner's Identification
10Card which has previously been issued in his or her name by the
11Illinois State Police under the provisions of this Act; or (2)
12a currently valid license to carry a concealed firearm which
13has previously been issued in his or her name by the Illinois
14State Police under the Firearm Concealed Carry Act. In
15addition, all firearm, stun gun, and taser transfers by
16federally licensed firearm dealers are subject to Section 3.1.
17    (a-5) Any person who is not a federally licensed firearm
18dealer and who desires to transfer or sell a firearm while that
19person is on the grounds of a gun show must, before selling or
20transferring the firearm, request the Illinois State Police to
21conduct a background check on the prospective recipient of the
22firearm in accordance with Section 3.1.
23    (a-10) Notwithstanding item (2) of subsection (a) of this
24Section, any person who is not a federally licensed firearm
25dealer and who desires to transfer or sell a firearm or

 

 

10200HB5471sam001- 38 -LRB102 24372 JDS 42553 a

1firearms to any person who is not a federally licensed firearm
2dealer shall, before selling or transferring the firearms,
3contact the Illinois State Police with the transferee's or
4purchaser's Firearm Owner's Identification Card number to
5determine the validity of the transferee's or purchaser's
6Firearm Owner's Identification Card. This subsection shall not
7be effective until January 1, 2014. The Illinois State Police
8may adopt rules concerning the implementation of this
9subsection. The Illinois State Police shall provide the seller
10or transferor an approval number if the purchaser's Firearm
11Owner's Identification Card is valid. Approvals issued by the
12Illinois State Police for the purchase of a firearm pursuant
13to this subsection are valid for 30 days from the date of
14issue.
15    (a-15) The provisions of subsection (a-10) of this Section
16do not apply to:
17        (1) transfers that occur at the place of business of a
18    federally licensed firearm dealer, if the federally
19    licensed firearm dealer conducts a background check on the
20    prospective recipient of the firearm in accordance with
21    Section 3.1 of this Act and follows all other applicable
22    federal, State, and local laws as if he or she were the
23    seller or transferor of the firearm, although the dealer
24    is not required to accept the firearm into his or her
25    inventory. The purchaser or transferee may be required by
26    the federally licensed firearm dealer to pay a fee not to

 

 

10200HB5471sam001- 39 -LRB102 24372 JDS 42553 a

1    exceed $10 per firearm, which the dealer may retain as
2    compensation for performing the functions required under
3    this paragraph, plus the applicable fees authorized by
4    Section 3.1;
5        (2) transfers as a bona fide gift to the transferor's
6    husband, wife, son, daughter, stepson, stepdaughter,
7    father, mother, stepfather, stepmother, brother, sister,
8    nephew, niece, uncle, aunt, grandfather, grandmother,
9    grandson, granddaughter, father-in-law, mother-in-law,
10    son-in-law, or daughter-in-law;
11        (3) transfers by persons acting pursuant to operation
12    of law or a court order;
13        (4) transfers on the grounds of a gun show under
14    subsection (a-5) of this Section;
15        (5) the delivery of a firearm by its owner to a
16    gunsmith for service or repair, the return of the firearm
17    to its owner by the gunsmith, or the delivery of a firearm
18    by a gunsmith to a federally licensed firearms dealer for
19    service or repair and the return of the firearm to the
20    gunsmith;
21        (6) temporary transfers that occur while in the home
22    of the unlicensed transferee, if the unlicensed transferee
23    is not otherwise prohibited from possessing firearms and
24    the unlicensed transferee reasonably believes that
25    possession of the firearm is necessary to prevent imminent
26    death or great bodily harm to the unlicensed transferee;

 

 

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1        (7) transfers to a law enforcement or corrections
2    agency or a law enforcement or corrections officer acting
3    within the course and scope of his or her official duties;
4        (8) transfers of firearms that have been rendered
5    permanently inoperable to a nonprofit historical society,
6    museum, or institutional collection; and
7        (9) transfers to a person who is exempt from the
8    requirement of possessing a Firearm Owner's Identification
9    Card under Section 2 of this Act.
10    (a-20) The Illinois State Police shall develop an
11Internet-based system for individuals to determine the
12validity of a Firearm Owner's Identification Card prior to the
13sale or transfer of a firearm. The Illinois State Police shall
14have the Internet-based system completed and available for use
15by July 1, 2015. The Illinois State Police shall adopt rules
16not inconsistent with this Section to implement this system.
17    (b) Any person within this State who transfers or causes
18to be transferred any firearm, stun gun, or taser shall keep a
19record of such transfer for a period of 10 years from the date
20of transfer. Such record shall contain the date of the
21transfer; the description, serial number or other information
22identifying the firearm, stun gun, or taser if no serial
23number is available; and, if the transfer was completed within
24this State, the transferee's Firearm Owner's Identification
25Card number and any approval number or documentation provided
26by the Illinois State Police pursuant to subsection (a-10) of

 

 

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1this Section; if the transfer was not completed within this
2State, the record shall contain the name and address of the
3transferee. On or after January 1, 2006, the record shall
4contain the date of application for transfer of the firearm.
5On demand of a peace officer such transferor shall produce for
6inspection such record of transfer. If the transfer or sale
7took place at a gun show, the record shall include the unique
8identification number. Failure to record the unique
9identification number or approval number is a petty offense.
10For transfers of a firearm, stun gun, or taser made on or after
11January 18, 2019 (the effective date of Public Act 100-1178),
12failure by the private seller to maintain the transfer records
13in accordance with this Section is a Class A misdemeanor for
14the first offense and a Class 4 felony for a second or
15subsequent offense. A transferee shall not be criminally
16liable under this Section provided that he or she provides the
17Illinois State Police with the transfer records in accordance
18with procedures established by the Illinois State Police. The
19Illinois State Police shall establish, by rule, a standard
20form on its website.
21    (b-5) Any resident may purchase ammunition from a person
22within or outside of Illinois if shipment is by United States
23mail or by a private express carrier authorized by federal law
24to ship ammunition. Any resident purchasing ammunition within
25or outside the State of Illinois must provide the seller with a
26copy of his or her valid Firearm Owner's Identification Card

 

 

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1or valid concealed carry license and either his or her
2Illinois driver's license or Illinois State Identification
3Card prior to the shipment of the ammunition. The ammunition
4may be shipped only to an address on either of those 2
5documents.
6    (c) The provisions of this Section regarding the transfer
7of firearm ammunition shall not apply to those persons
8specified in paragraph (b) of Section 2 of this Act.
9(Source: P.A. 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)
 
10    (Text of Section after amendment by P.A. 102-237)
11    Sec. 3. (a) Except as provided in Section 3a, no person may
12knowingly transfer, or cause to be transferred, any firearm,
13firearm ammunition, stun gun, or taser to any person within
14this State unless the transferee with whom he deals displays
15either: (1) a currently valid Firearm Owner's Identification
16Card which has previously been issued in his or her name by the
17Illinois State Police under the provisions of this Act; or (2)
18a currently valid license to carry a concealed firearm which
19has previously been issued in his or her name by the Illinois
20State Police under the Firearm Concealed Carry Act. In
21addition, all firearm, stun gun, and taser transfers by
22federally licensed firearm dealers are subject to Section 3.1.
23    (a-5) Any person who is not a federally licensed firearm
24dealer and who desires to transfer or sell a firearm while that
25person is on the grounds of a gun show must, before selling or

 

 

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1transferring the firearm, request the Illinois State Police to
2conduct a background check on the prospective recipient of the
3firearm in accordance with Section 3.1.
4    (a-10) Notwithstanding item (2) of subsection (a) of this
5Section, any person who is not a federally licensed firearm
6dealer and who desires to transfer or sell a firearm or
7firearms to any person who is not a federally licensed firearm
8dealer shall, before selling or transferring the firearms,
9contact a federal firearm license dealer under paragraph (1)
10of subsection (a-15) of this Section to conduct the transfer
11or the Illinois State Police with the transferee's or
12purchaser's Firearm Owner's Identification Card number to
13determine the validity of the transferee's or purchaser's
14Firearm Owner's Identification Card under State and federal
15law, including the National Instant Criminal Background Check
16System. This subsection shall not be effective until January
171, 2024. Until that date the transferor shall contact the
18Illinois State Police with the transferee's or purchaser's
19Firearm Owner's Identification Card number to determine the
20validity of the card. The Illinois State Police may adopt
21rules concerning the implementation of this subsection. The
22Illinois State Police shall provide the seller or transferor
23an approval number if the purchaser's Firearm Owner's
24Identification Card is valid. Approvals issued by the Illinois
25State Police for the purchase of a firearm pursuant to this
26subsection are valid for 30 days from the date of issue.

 

 

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1    (a-15) The provisions of subsection (a-10) of this Section
2do not apply to:
3        (1) transfers that occur at the place of business of a
4    federally licensed firearm dealer, if the federally
5    licensed firearm dealer conducts a background check on the
6    prospective recipient of the firearm in accordance with
7    Section 3.1 of this Act and follows all other applicable
8    federal, State, and local laws as if he or she were the
9    seller or transferor of the firearm, although the dealer
10    is not required to accept the firearm into his or her
11    inventory. The purchaser or transferee may be required by
12    the federally licensed firearm dealer to pay a fee not to
13    exceed $25 per firearm, which the dealer may retain as
14    compensation for performing the functions required under
15    this paragraph, plus the applicable fees authorized by
16    Section 3.1;
17        (2) transfers as a bona fide gift to the transferor's
18    husband, wife, son, daughter, stepson, stepdaughter,
19    father, mother, stepfather, stepmother, brother, sister,
20    nephew, niece, uncle, aunt, grandfather, grandmother,
21    grandson, granddaughter, father-in-law, mother-in-law,
22    son-in-law, or daughter-in-law;
23        (3) transfers by persons acting pursuant to operation
24    of law or a court order;
25        (4) transfers on the grounds of a gun show under
26    subsection (a-5) of this Section;

 

 

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1        (5) the delivery of a firearm by its owner to a
2    gunsmith for service or repair, the return of the firearm
3    to its owner by the gunsmith, or the delivery of a firearm
4    by a gunsmith to a federally licensed firearms dealer for
5    service or repair and the return of the firearm to the
6    gunsmith;
7        (6) temporary transfers that occur while in the home
8    of the unlicensed transferee, if the unlicensed transferee
9    is not otherwise prohibited from possessing firearms and
10    the unlicensed transferee reasonably believes that
11    possession of the firearm is necessary to prevent imminent
12    death or great bodily harm to the unlicensed transferee;
13        (7) transfers to a law enforcement or corrections
14    agency or a law enforcement or corrections officer acting
15    within the course and scope of his or her official duties;
16        (8) transfers of firearms that have been rendered
17    permanently inoperable to a nonprofit historical society,
18    museum, or institutional collection; and
19        (9) transfers to a person who is exempt from the
20    requirement of possessing a Firearm Owner's Identification
21    Card under Section 2 of this Act.
22    (a-20) The Illinois State Police shall develop an
23Internet-based system for individuals to determine the
24validity of a Firearm Owner's Identification Card prior to the
25sale or transfer of a firearm. The Illinois State Police shall
26have the Internet-based system updated and available for use

 

 

10200HB5471sam001- 46 -LRB102 24372 JDS 42553 a

1by January 1, 2024. The Illinois State Police shall adopt
2rules not inconsistent with this Section to implement this
3system; but no rule shall allow the Illinois State Police to
4retain records in contravention of State and federal law.
5    (a-25) On or before January 1, 2022, the Illinois State
6Police shall develop an Internet-based system upon which the
7serial numbers of firearms that have been reported stolen are
8available for public access for individuals to ensure any
9firearms are not reported stolen prior to the sale or transfer
10of a firearm under this Section. The Illinois State Police
11shall have the Internet-based system completed and available
12for use by July 1, 2022. The Illinois State Police shall adopt
13rules not inconsistent with this Section to implement this
14system.
15    (b) Any person within this State who transfers or causes
16to be transferred any firearm, stun gun, or taser shall keep a
17record of such transfer for a period of 10 years from the date
18of transfer. Any person within this State who receives any
19firearm, stun gun, or taser pursuant to subsection (a-10)
20shall provide a record of the transfer within 10 days of the
21transfer to a federally licensed firearm dealer and shall not
22be required to maintain a transfer record. The federally
23licensed firearm dealer shall maintain the transfer record for
2420 years from the date of receipt. A federally licensed
25firearm dealer may charge a fee not to exceed $25 to retain the
26record. The record shall be provided and maintained in either

 

 

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1an electronic or paper format. The federally licensed firearm
2dealer shall not be liable for the accuracy of any information
3in the transfer record submitted pursuant to this Section.
4Such records shall contain the date of the transfer; the
5description, serial number or other information identifying
6the firearm, stun gun, or taser if no serial number is
7available; and, if the transfer was completed within this
8State, the transferee's Firearm Owner's Identification Card
9number and any approval number or documentation provided by
10the Illinois State Police pursuant to subsection (a-10) of
11this Section; if the transfer was not completed within this
12State, the record shall contain the name and address of the
13transferee. On or after January 1, 2006, the record shall
14contain the date of application for transfer of the firearm.
15On demand of a peace officer such transferor shall produce for
16inspection such record of transfer. For any transfer pursuant
17to subsection (a-10) of this Section, on the demand of a peace
18officer, such transferee shall identify the federally licensed
19firearm dealer maintaining the transfer record. If the
20transfer or sale took place at a gun show, the record shall
21include the unique identification number. Failure to record
22the unique identification number or approval number is a petty
23offense. For transfers of a firearm, stun gun, or taser made on
24or after January 18, 2019 (the effective date of Public Act
25100-1178), failure by the private seller to maintain the
26transfer records in accordance with this Section, or failure

 

 

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1by a transferee pursuant to subsection a-10 of this Section to
2identify the federally licensed firearm dealer maintaining the
3transfer record, is a Class A misdemeanor for the first
4offense and a Class 4 felony for a second or subsequent offense
5occurring within 10 years of the first offense and the second
6offense was committed after conviction of the first offense.
7Whenever any person who has not previously been convicted of
8any violation of subsection (a-5), the court may grant
9supervision pursuant to and consistent with the limitations of
10Section 5-6-1 of the Unified Code of Corrections. A transferee
11or transferor shall not be criminally liable under this
12Section provided that he or she provides the Illinois State
13Police with the transfer records in accordance with procedures
14established by the Illinois State Police. The Illinois State
15Police shall establish, by rule, a standard form on its
16website.
17    (b-5) Any resident may purchase ammunition from a person
18within or outside of Illinois if shipment is by United States
19mail or by a private express carrier authorized by federal law
20to ship ammunition. Any resident purchasing ammunition within
21or outside the State of Illinois must provide the seller with a
22copy of his or her valid Firearm Owner's Identification Card
23or valid concealed carry license and either his or her
24Illinois driver's license or Illinois State Identification
25Card prior to the shipment of the ammunition. The ammunition
26may be shipped only to an address on either of those 2

 

 

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1documents.
2    (c) The provisions of this Section regarding the transfer
3of firearm ammunition shall not apply to those persons
4specified in paragraph (b) of Section 2 of this Act.
5(Source: P.A. 102-237, eff. 1-1-24; 102-538, eff. 8-20-21;
6102-813, eff. 5-13-22.)
 
7    (430 ILCS 65/4)  (from Ch. 38, par. 83-4)
8    Sec. 4. Application for Firearm Owner's Identification
9Cards.
10    (a) Each applicant for a Firearm Owner's Identification
11Card must:
12        (1) Submit an application as made available by the
13    Illinois State Police; and
14        (2) Submit evidence to the Illinois State Police that:
15            (i) This subparagraph (i) applies through the
16        180th day following July 12, 2019 (the effective date
17        of Public Act 101-80). He or she is 21 years of age or
18        over, or if he or she is under 21 years of age that he
19        or she has the written consent of his or her parent or
20        legal guardian to possess and acquire firearms and
21        firearm ammunition and that he or she has never been
22        convicted of a misdemeanor other than a traffic
23        offense or adjudged delinquent, provided, however,
24        that such parent or legal guardian is not an
25        individual prohibited from having a Firearm Owner's

 

 

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1        Identification Card and files an affidavit with the
2        Department as prescribed by the Department stating
3        that he or she is not an individual prohibited from
4        having a Card;
5            (i-5) This subparagraph (i-5) applies on and after
6        the 181st day following July 12, 2019 (the effective
7        date of Public Act 101-80). He or she is 21 years of
8        age or over, or if he or she is under 21 years of age
9        that he or she has never been convicted of a
10        misdemeanor other than a traffic offense or adjudged
11        delinquent and is an active duty member of the United
12        States Armed Forces or the Illinois National Guard or
13        has the written consent of his or her parent or legal
14        guardian to possess and acquire firearms and firearm
15        ammunition, provided, however, that such parent or
16        legal guardian is not an individual prohibited from
17        having a Firearm Owner's Identification Card and files
18        an affidavit with the Illinois State Police as
19        prescribed by the Illinois State Police stating that
20        he or she is not an individual prohibited from having a
21        Card or the active duty member of the United States
22        Armed Forces or the Illinois National Guard under 21
23        years of age annually submits proof to the Illinois
24        State Police, in a manner prescribed by the Illinois
25        State Police;
26            (ii) He or she has not been convicted of a felony

 

 

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1        under the laws of this or any other jurisdiction;
2            (iii) He or she is not addicted to narcotics;
3            (iv) He or she has not been a patient in a mental
4        health facility within the past 5 years or, if he or
5        she has been a patient in a mental health facility more
6        than 5 years ago submit the certification required
7        under subsection (u) of Section 8 of this Act;
8            (v) He or she is not a person with an intellectual
9        disability;
10            (vi) He or she is not a noncitizen who is
11        unlawfully present in the United States under the laws
12        of the United States;
13            (vii) He or she is not subject to an existing order
14        of protection prohibiting him or her from possessing a
15        firearm;
16            (viii) He or she has not been convicted within the
17        past 5 years of battery, assault, aggravated assault,
18        violation of an order of protection, or a
19        substantially similar offense in another jurisdiction,
20        in which a firearm was used or possessed;
21            (ix) He or she has not been convicted of domestic
22        battery, aggravated domestic battery, or a
23        substantially similar offense in another jurisdiction
24        committed before, on or after January 1, 2012 (the
25        effective date of Public Act 97-158). If the applicant
26        knowingly and intelligently waives the right to have

 

 

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1        an offense described in this clause (ix) tried by a
2        jury, and by guilty plea or otherwise, results in a
3        conviction for an offense in which a domestic
4        relationship is not a required element of the offense
5        but in which a determination of the applicability of
6        18 U.S.C. 922(g)(9) is made under Section 112A-11.1 of
7        the Code of Criminal Procedure of 1963, an entry by the
8        court of a judgment of conviction for that offense
9        shall be grounds for denying the issuance of a Firearm
10        Owner's Identification Card under this Section;
11            (x) (Blank);
12            (xi) He or she is not a noncitizen who has been
13        admitted to the United States under a non-immigrant
14        visa (as that term is defined in Section 101(a)(26) of
15        the Immigration and Nationality Act (8 U.S.C.
16        1101(a)(26))), or that he or she is a noncitizen who
17        has been lawfully admitted to the United States under
18        a non-immigrant visa if that noncitizen is:
19                (1) admitted to the United States for lawful
20            hunting or sporting purposes;
21                (2) an official representative of a foreign
22            government who is:
23                    (A) accredited to the United States
24                Government or the Government's mission to an
25                international organization having its
26                headquarters in the United States; or

 

 

10200HB5471sam001- 53 -LRB102 24372 JDS 42553 a

1                    (B) en route to or from another country to
2                which that noncitizen is accredited;
3                (3) an official of a foreign government or
4            distinguished foreign visitor who has been so
5            designated by the Department of State;
6                (4) a foreign law enforcement officer of a
7            friendly foreign government entering the United
8            States on official business; or
9                (5) one who has received a waiver from the
10            Attorney General of the United States pursuant to
11            18 U.S.C. 922(y)(3);
12            (xii) He or she is not a minor subject to a
13        petition filed under Section 5-520 of the Juvenile
14        Court Act of 1987 alleging that the minor is a
15        delinquent minor for the commission of an offense that
16        if committed by an adult would be a felony;
17            (xiii) He or she is not an adult who had been
18        adjudicated a delinquent minor under the Juvenile
19        Court Act of 1987 for the commission of an offense that
20        if committed by an adult would be a felony;
21            (xiv) He or she is a resident of the State of
22        Illinois;
23            (xv) He or she has not been adjudicated as a person
24        with a mental disability;
25            (xvi) He or she has not been involuntarily
26        admitted into a mental health facility; and

 

 

10200HB5471sam001- 54 -LRB102 24372 JDS 42553 a

1            (xvii) He or she is not a person with a
2        developmental disability; and
3        (3) Upon request by the Illinois State Police, sign a
4    release on a form prescribed by the Illinois State Police
5    waiving any right to confidentiality and requesting the
6    disclosure to the Illinois State Police of limited mental
7    health institution admission information from another
8    state, the District of Columbia, any other territory of
9    the United States, or a foreign nation concerning the
10    applicant for the sole purpose of determining whether the
11    applicant is or was a patient in a mental health
12    institution and disqualified because of that status from
13    receiving a Firearm Owner's Identification Card. No mental
14    health care or treatment records may be requested. The
15    information received shall be destroyed within one year of
16    receipt.
17    (a-5) Each applicant for a Firearm Owner's Identification
18Card who is over the age of 18 shall furnish to the Illinois
19State Police either his or her Illinois driver's license
20number or Illinois Identification Card number, except as
21provided in subsection (a-10).
22    (a-10) Each applicant for a Firearm Owner's Identification
23Card, who is employed as a law enforcement officer, an armed
24security officer in Illinois, or by the United States Military
25permanently assigned in Illinois and who is not an Illinois
26resident, shall furnish to the Illinois State Police his or

 

 

10200HB5471sam001- 55 -LRB102 24372 JDS 42553 a

1her driver's license number or state identification card
2number from his or her state of residence. The Illinois State
3Police may adopt rules to enforce the provisions of this
4subsection (a-10).
5    (a-15) If an applicant applying for a Firearm Owner's
6Identification Card moves from the residence address named in
7the application, he or she shall immediately notify in a form
8and manner prescribed by the Illinois State Police of that
9change of address.
10    (a-20) Each applicant for a Firearm Owner's Identification
11Card shall furnish to the Illinois State Police his or her
12photograph. An applicant who is 21 years of age or older
13seeking a religious exemption to the photograph requirement
14must furnish with the application an approved copy of United
15States Department of the Treasury Internal Revenue Service
16Form 4029. In lieu of a photograph, an applicant regardless of
17age seeking a religious exemption to the photograph
18requirement shall submit fingerprints on a form and manner
19prescribed by the Illinois State Police with his or her
20application.
21    (a-25) Beginning January 1, 2023, each applicant for the
22issuance of a Firearm Owner's Identification Card may include
23a full set of his or her fingerprints in electronic format to
24the Illinois State Police, unless the applicant has previously
25provided a full set of his or her fingerprints to the Illinois
26State Police under this Act or the Firearm Concealed Carry

 

 

10200HB5471sam001- 56 -LRB102 24372 JDS 42553 a

1Act.
2    The fingerprints must be transmitted through a live scan
3fingerprint vendor licensed by the Department of Financial and
4Professional Regulation. The fingerprints shall be checked
5against the fingerprint records now and hereafter filed in the
6Illinois State Police and Federal Bureau of Investigation
7criminal history records databases, including all available
8State and local criminal history record information files.
9    The Illinois State Police shall charge applicants a
10one-time fee for conducting the criminal history record check,
11which shall be deposited into the State Police Services Fund
12and shall not exceed the actual cost of the State and national
13criminal history record check.
14    (a-26) The Illinois State Police shall research, explore,
15and report to the General Assembly by January 1, 2022 on the
16feasibility of permitting voluntarily submitted fingerprints
17obtained for purposes other than Firearm Owner's
18Identification Card enforcement that are contained in the
19Illinois State Police database for purposes of this Act.
20    (b) Each application form shall include the following
21statement printed in bold type: "Warning: Entering false
22information on an application for a Firearm Owner's
23Identification Card is punishable as a Class 2 felony in
24accordance with subsection (d-5) of Section 14 of the Firearm
25Owners Identification Card Act.".
26    (c) Upon such written consent, pursuant to Section 4,

 

 

10200HB5471sam001- 57 -LRB102 24372 JDS 42553 a

1paragraph (a)(2)(i), the parent or legal guardian giving the
2consent shall be liable for any damages resulting from the
3applicant's use of firearms or firearm ammunition.
4(Source: P.A. 101-80, eff. 7-12-19; 102-237, eff. 1-1-22;
5102-538, eff. 8-20-21; 102-813, eff. 5-13-22; 102-1030, eff.
65-27-22.)
 
7    (430 ILCS 65/4.1 new)
8    Sec. 4.1. Assault weapon, .50 caliber rifle, assault
9weapon attachment, or .50 caliber cartridge endorsement.
10    (a) The endorsement affidavit form completed pursuant to
11Section 24-1.9 of the Criminal Code of 2012 must be executed
12electronically through the individual's Firearm Owner's
13Identification Card account.
14    (b) The Illinois State Police shall adopt rules in
15accordance with this Section for the electronic submission of
16an endorsement affidavit.
17    (c) Entering false information on the endorsement
18affidavit form is a violation of this Act and is also
19punishable as perjury under Section 32-2 of the Criminal Code
20of 2012.
 
21    (430 ILCS 65/8)  (from Ch. 38, par. 83-8)
22    Sec. 8. Grounds for denial and revocation. The Illinois
23State Police has authority to deny an application for or to
24revoke and seize a Firearm Owner's Identification Card

 

 

10200HB5471sam001- 58 -LRB102 24372 JDS 42553 a

1previously issued under this Act only if the Illinois State
2Police finds that the applicant or the person to whom such card
3was issued is or was at the time of issuance:
4        (a) A person under 21 years of age who has been
5    convicted of a misdemeanor other than a traffic offense or
6    adjudged delinquent;
7        (b) This subsection (b) applies through the 180th day
8    following July 12, 2019 (the effective date of Public Act
9    101-80). A person under 21 years of age who does not have
10    the written consent of his parent or guardian to acquire
11    and possess firearms and firearm ammunition, or whose
12    parent or guardian has revoked such written consent, or
13    where such parent or guardian does not qualify to have a
14    Firearm Owner's Identification Card;
15        (b-5) This subsection (b-5) applies on and after the
16    181st day following July 12, 2019 (the effective date of
17    Public Act 101-80). A person under 21 years of age who is
18    not an active duty member of the United States Armed
19    Forces or the Illinois National Guard and does not have
20    the written consent of his or her parent or guardian to
21    acquire and possess firearms and firearm ammunition, or
22    whose parent or guardian has revoked such written consent,
23    or where such parent or guardian does not qualify to have a
24    Firearm Owner's Identification Card;
25        (c) A person convicted of a felony under the laws of
26    this or any other jurisdiction;

 

 

10200HB5471sam001- 59 -LRB102 24372 JDS 42553 a

1        (d) A person addicted to narcotics;
2        (e) A person who has been a patient of a mental health
3    facility within the past 5 years or a person who has been a
4    patient in a mental health facility more than 5 years ago
5    who has not received the certification required under
6    subsection (u) of this Section. An active law enforcement
7    officer employed by a unit of government or a Department
8    of Corrections employee authorized to possess firearms who
9    is denied, revoked, or has his or her Firearm Owner's
10    Identification Card seized under this subsection (e) may
11    obtain relief as described in subsection (c-5) of Section
12    10 of this Act if the officer or employee did not act in a
13    manner threatening to the officer or employee, another
14    person, or the public as determined by the treating
15    clinical psychologist or physician, and the officer or
16    employee seeks mental health treatment;
17        (f) A person whose mental condition is of such a
18    nature that it poses a clear and present danger to the
19    applicant, any other person or persons, or the community;
20        (g) A person who has an intellectual disability;
21        (h) A person who intentionally makes a false statement
22    in the Firearm Owner's Identification Card application or
23    endorsement affidavit;
24        (i) A noncitizen who is unlawfully present in the
25    United States under the laws of the United States;
26        (i-5) A noncitizen who has been admitted to the United

 

 

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1    States under a non-immigrant visa (as that term is defined
2    in Section 101(a)(26) of the Immigration and Nationality
3    Act (8 U.S.C. 1101(a)(26))), except that this subsection
4    (i-5) does not apply to any noncitizen who has been
5    lawfully admitted to the United States under a
6    non-immigrant visa if that noncitizen is:
7            (1) admitted to the United States for lawful
8        hunting or sporting purposes;
9            (2) an official representative of a foreign
10        government who is:
11                (A) accredited to the United States Government
12            or the Government's mission to an international
13            organization having its headquarters in the United
14            States; or
15                (B) en route to or from another country to
16            which that noncitizen is accredited;
17            (3) an official of a foreign government or
18        distinguished foreign visitor who has been so
19        designated by the Department of State;
20            (4) a foreign law enforcement officer of a
21        friendly foreign government entering the United States
22        on official business; or
23            (5) one who has received a waiver from the
24        Attorney General of the United States pursuant to 18
25        U.S.C. 922(y)(3);
26        (j) (Blank);

 

 

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1        (k) A person who has been convicted within the past 5
2    years of battery, assault, aggravated assault, violation
3    of an order of protection, or a substantially similar
4    offense in another jurisdiction, in which a firearm was
5    used or possessed;
6        (l) A person who has been convicted of domestic
7    battery, aggravated domestic battery, or a substantially
8    similar offense in another jurisdiction committed before,
9    on or after January 1, 2012 (the effective date of Public
10    Act 97-158). If the applicant or person who has been
11    previously issued a Firearm Owner's Identification Card
12    under this Act knowingly and intelligently waives the
13    right to have an offense described in this paragraph (l)
14    tried by a jury, and by guilty plea or otherwise, results
15    in a conviction for an offense in which a domestic
16    relationship is not a required element of the offense but
17    in which a determination of the applicability of 18 U.S.C.
18    922(g)(9) is made under Section 112A-11.1 of the Code of
19    Criminal Procedure of 1963, an entry by the court of a
20    judgment of conviction for that offense shall be grounds
21    for denying an application for and for revoking and
22    seizing a Firearm Owner's Identification Card previously
23    issued to the person under this Act;
24        (m) (Blank);
25        (n) A person who is prohibited from acquiring or
26    possessing firearms or firearm ammunition by any Illinois

 

 

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1    State statute or by federal law;
2        (o) A minor subject to a petition filed under Section
3    5-520 of the Juvenile Court Act of 1987 alleging that the
4    minor is a delinquent minor for the commission of an
5    offense that if committed by an adult would be a felony;
6        (p) An adult who had been adjudicated a delinquent
7    minor under the Juvenile Court Act of 1987 for the
8    commission of an offense that if committed by an adult
9    would be a felony;
10        (q) A person who is not a resident of the State of
11    Illinois, except as provided in subsection (a-10) of
12    Section 4;
13        (r) A person who has been adjudicated as a person with
14    a mental disability;
15        (s) A person who has been found to have a
16    developmental disability;
17        (t) A person involuntarily admitted into a mental
18    health facility; or
19        (u) A person who has had his or her Firearm Owner's
20    Identification Card revoked or denied under subsection (e)
21    of this Section or item (iv) of paragraph (2) of
22    subsection (a) of Section 4 of this Act because he or she
23    was a patient in a mental health facility as provided in
24    subsection (e) of this Section, shall not be permitted to
25    obtain a Firearm Owner's Identification Card, after the
26    5-year period has lapsed, unless he or she has received a

 

 

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1    mental health evaluation by a physician, clinical
2    psychologist, or qualified examiner as those terms are
3    defined in the Mental Health and Developmental
4    Disabilities Code, and has received a certification that
5    he or she is not a clear and present danger to himself,
6    herself, or others. The physician, clinical psychologist,
7    or qualified examiner making the certification and his or
8    her employer shall not be held criminally, civilly, or
9    professionally liable for making or not making the
10    certification required under this subsection, except for
11    willful or wanton misconduct. This subsection does not
12    apply to a person whose firearm possession rights have
13    been restored through administrative or judicial action
14    under Section 10 or 11 of this Act.
15    Upon revocation of a person's Firearm Owner's
16Identification Card, the Illinois State Police shall provide
17notice to the person and the person shall comply with Section
189.5 of this Act.
19(Source: P.A. 101-80, eff. 7-12-19; 102-538, eff. 8-20-21;
20102-645, eff. 1-1-22; 102-813, eff. 5-13-22; 102-1030, eff.
215-27-22.)
 
22    Section 15. The Firearms Restraining Order Act is amended
23by changing Sections 40, 45, and 55 as follows:
 
24    (430 ILCS 67/40)

 

 

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1    Sec. 40. Plenary Six-month orders.
2    (a) A petitioner may request a 6-month firearms
3restraining order for up to one year by filing an affidavit or
4verified pleading alleging that the respondent poses a
5significant danger of causing personal injury to himself,
6herself, or another in the near future by having in his or her
7custody or control, purchasing, possessing, or receiving a
8firearm, ammunition, and firearm parts that could be assembled
9to make an operable firearm. The petition shall also describe
10the number, types, and locations of any firearms, ammunition,
11and firearm parts that could be assembled to make an operable
12firearm presently believed by the petitioner to be possessed
13or controlled by the respondent. The firearms restraining
14order may be renewed for an additional period of up to one year
15in accordance with Section 45 of this Act.
16    (b) If the respondent is alleged to pose a significant
17danger of causing personal injury to an intimate partner, or
18an intimate partner is alleged to have been the target of a
19threat or act of violence by the respondent, the petitioner
20shall make a good faith effort to provide notice to any and all
21intimate partners of the respondent. The notice must include
22the duration of time that the petitioner intends to petition
23the court for a 6-month firearms restraining order, and, if
24the petitioner is a law enforcement officer, referral to
25relevant domestic violence or stalking advocacy or counseling
26resources, if appropriate. The petitioner shall attest to

 

 

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1having provided the notice in the filed affidavit or verified
2pleading. If, after making a good faith effort, the petitioner
3is unable to provide notice to any or all intimate partners,
4the affidavit or verified pleading should describe what
5efforts were made.
6    (c) Every person who files a petition for a plenary
76-month firearms restraining order, knowing the information
8provided to the court at any hearing or in the affidavit or
9verified pleading to be false, is guilty of perjury under
10Section 32-2 of the Criminal Code of 2012.
11    (d) Upon receipt of a petition for a plenary 6-month
12firearms restraining order, the court shall order a hearing
13within 30 days.
14    (e) In determining whether to issue a firearms restraining
15order under this Section, the court shall consider evidence
16including, but not limited to, the following:
17        (1) The unlawful and reckless use, display, or
18    brandishing of a firearm, ammunition, and firearm parts
19    that could be assembled to make an operable firearm by the
20    respondent.
21        (2) The history of use, attempted use, or threatened
22    use of physical force by the respondent against another
23    person.
24        (3) Any prior arrest of the respondent for a felony
25    offense.
26        (4) Evidence of the abuse of controlled substances or

 

 

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1    alcohol by the respondent.
2        (5) A recent threat of violence or act of violence by
3    the respondent directed toward himself, herself, or
4    another.
5        (6) A violation of an emergency order of protection
6    issued under Section 217 of the Illinois Domestic Violence
7    Act of 1986 or Section 112A-17 of the Code of Criminal
8    Procedure of 1963 or of an order of protection issued
9    under Section 214 of the Illinois Domestic Violence Act of
10    1986 or Section 112A-14 of the Code of Criminal Procedure
11    of 1963.
12        (7) A pattern of violent acts or violent threats,
13    including, but not limited to, threats of violence or acts
14    of violence by the respondent directed toward himself,
15    herself, or another.
16    (f) At the hearing, the petitioner shall have the burden
17of proving, by clear and convincing evidence, that the
18respondent poses a significant danger of personal injury to
19himself, herself, or another by having in his or her custody or
20control, purchasing, possessing, or receiving a firearm,
21ammunition, and firearm parts that could be assembled to make
22an operable firearm.
23    (g) If the court finds that there is clear and convincing
24evidence to issue a plenary firearms restraining order, the
25court shall issue a firearms restraining order that shall be
26in effect for up to one year, but not less than 6 months, 6

 

 

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1months subject to renewal under Section 45 of this Act or
2termination under that Section.
3    (g-5) If the court issues a plenary 6-month firearms
4restraining order, it shall, upon a finding of probable cause
5that the respondent possesses firearms, ammunition, and
6firearm parts that could be assembled to make an operable
7firearm, issue a search warrant directing a law enforcement
8agency to seize the respondent's firearms, ammunition, and
9firearm parts that could be assembled to make an operable
10firearm. The court may, as part of that warrant, direct the law
11enforcement agency to search the respondent's residence and
12other places where the court finds there is probable cause to
13believe he or she is likely to possess the firearms,
14ammunition, and firearm parts that could be assembled to make
15an operable firearm. A return of the search warrant shall be
16filed by the law enforcement agency within 4 days thereafter,
17setting forth the time, date, and location that the search
18warrant was executed and what items, if any, were seized.
19    (h) A plenary 6-month firearms restraining order shall
20require:
21        (1) the respondent to refrain from having in his or
22    her custody or control, purchasing, possessing, or
23    receiving additional firearms, ammunition, and firearm
24    parts that could be assembled to make an operable firearm
25    for the duration of the order under Section 8.2 of the
26    Firearm Owners Identification Card Act; and

 

 

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1        (2) the respondent to comply with Section 9.5 of the
2    Firearm Owners Identification Card Act and subsection (g)
3    of Section 70 of the Firearm Concealed Carry Act.
4    (i) Except as otherwise provided in subsection (i-5) of
5this Section, upon expiration of the period of safekeeping, if
6the firearms, ammunition, and firearm parts that could be
7assembled to make an operable firearm or Firearm Owner's
8Identification Card cannot be returned to the respondent
9because the respondent cannot be located, fails to respond to
10requests to retrieve the firearms, ammunition, and firearm
11parts that could be assembled to make an operable firearm, or
12is not lawfully eligible to possess a firearm, ammunition, and
13firearm parts that could be assembled to make an operable
14firearm, upon petition from the local law enforcement agency,
15the court may order the local law enforcement agency to
16destroy the firearms, ammunition, and firearm parts that could
17be assembled to make an operable firearm, use the firearms,
18ammunition, and firearm parts that could be assembled to make
19an operable firearm for training purposes, or use the
20firearms, ammunition, and firearm parts that could be
21assembled to make an operable firearm for any other
22application as deemed appropriate by the local law enforcement
23agency.
24    (i-5) A respondent whose Firearm Owner's Identification
25Card has been revoked or suspended may petition the court, if
26the petitioner is present in court or has notice of the

 

 

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1respondent's petition, to transfer the respondent's firearm,
2ammunition, and firearm parts that could be assembled to make
3an operable firearm to a person who is lawfully able to possess
4the firearm, ammunition, and firearm parts that could be
5assembled to make an operable firearm if the person does not
6reside at the same address as the respondent. Notice of the
7petition shall be served upon the person protected by the
8emergency firearms restraining order. While the order is in
9effect, the transferee who receives the respondent's firearms,
10ammunition, and firearm parts that could be assembled to make
11an operable firearm must swear or affirm by affidavit that he
12or she shall not transfer the firearm, ammunition, and firearm
13parts that could be assembled to make an operable firearm to
14the respondent or to anyone residing in the same residence as
15the respondent.
16    (i-6) If a person other than the respondent claims title
17to any firearms, ammunition, and firearm parts that could be
18assembled to make an operable firearm surrendered under this
19Section, he or she may petition the court, if the petitioner is
20present in court or has notice of the petition, to have the
21firearm, ammunition, and firearm parts that could be assembled
22to make an operable firearm returned to him or her. If the
23court determines that person to be the lawful owner of the
24firearm, ammunition, and firearm parts that could be assembled
25to make an operable firearm, the firearm, ammunition, and
26firearm parts that could be assembled to make an operable

 

 

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1firearm shall be returned to him or her, provided that:
2        (1) the firearm, ammunition, and firearm parts that
3    could be assembled to make an operable firearm are removed
4    from the respondent's custody, control, or possession and
5    the lawful owner agrees to store the firearm, ammunition,
6    and firearm parts that could be assembled to make an
7    operable firearm in a manner such that the respondent does
8    not have access to or control of the firearm, ammunition,
9    and firearm parts that could be assembled to make an
10    operable firearm; and
11        (2) the firearm, ammunition, and firearm parts that
12    could be assembled to make an operable firearm are not
13    otherwise unlawfully possessed by the owner.
14    The person petitioning for the return of his or her
15firearm, ammunition, and firearm parts that could be assembled
16to make an operable firearm must swear or affirm by affidavit
17that he or she: (i) is the lawful owner of the firearm,
18ammunition, and firearm parts that could be assembled to make
19an operable firearm; (ii) shall not transfer the firearm,
20ammunition, and firearm parts that could be assembled to make
21an operable firearm to the respondent; and (iii) will store
22the firearm, ammunition, and firearm parts that could be
23assembled to make an operable firearm in a manner that the
24respondent does not have access to or control of the firearm,
25ammunition, and firearm parts that could be assembled to make
26an operable firearm.

 

 

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1    (j) If the court does not issue a firearms restraining
2order at the hearing, the court shall dissolve any emergency
3firearms restraining order then in effect.
4    (k) When the court issues a firearms restraining order
5under this Section, the court shall inform the respondent that
6he or she is entitled to one hearing during the period of the
7order to request a termination of the order, under Section 45
8of this Act, and shall provide the respondent with a form to
9request a hearing.
10(Source: P.A. 101-81, eff. 7-12-19; 102-237, eff. 1-1-22;
11102-345, eff. 6-1-22; 102-538, eff. 8-20-21; 102-813, eff.
125-13-22.)
 
13    (430 ILCS 67/45)
14    Sec. 45. Termination and renewal.
15    (a) A person subject to a firearms restraining order
16issued under this Act may submit one written request at any
17time during the effective period of the order for a hearing to
18terminate the order.
19        (1) The respondent shall have the burden of proving by
20    a preponderance of the evidence that the respondent does
21    not pose a danger of causing personal injury to himself,
22    herself, or another in the near future by having in his or
23    her custody or control, purchasing, possessing, or
24    receiving a firearm, ammunition, and firearm parts that
25    could be assembled to make an operable firearm.

 

 

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1        (2) If the court finds after the hearing that the
2    respondent has met his or her burden, the court shall
3    terminate the order.
4    (b) A petitioner may request a renewal of a firearms
5restraining order at any time within the 3 months before the
6expiration of a firearms restraining order.
7        (1) A court shall, after notice and a hearing, renew a
8    firearms restraining order issued under this part if the
9    petitioner proves, by clear and convincing evidence, that
10    the respondent continues to pose a danger of causing
11    personal injury to himself, herself, or another in the
12    near future by having in his or her custody or control,
13    purchasing, possessing, or receiving a firearm,
14    ammunition, and firearm parts that could be assembled to
15    make an operable firearm.
16        (2) In determining whether to renew a firearms
17    restraining order issued under this Act, the court shall
18    consider evidence of the facts identified in subsection
19    (e) of Section 40 of this Act and any other evidence of an
20    increased risk for violence.
21        (3) At the hearing, the petitioner shall have the
22    burden of proving by clear and convincing evidence that
23    the respondent continues to pose a danger of causing
24    personal injury to himself, herself, or another in the
25    near future by having in his or her custody or control,
26    purchasing, possessing, or receiving a firearm,

 

 

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1    ammunition, and firearm parts that could be assembled to
2    make an operable firearm.
3        (4) The renewal of a firearms restraining order issued
4    under this Section shall be in effect for up to one year
5    and may be renewed for an additional period of up to one
6    year 6 months, subject to termination by further order of
7    the court at a hearing held under this Section and further
8    renewal by further order of the court under this Section.
9(Source: P.A. 101-81, eff. 7-12-19; 102-345, eff. 6-1-22.)
 
10    (430 ILCS 67/55)
11    Sec. 55. Data maintenance by law enforcement agencies.
12    (a) All sheriffs shall furnish to the Illinois State
13Police, daily, in the form and detail the Illinois State
14Police Department requires, copies of any recorded firearms
15restraining orders issued by the court, and any foreign orders
16of protection filed by the clerk of the court, and transmitted
17to the sheriff by the clerk of the court under Section 50. Each
18firearms restraining order shall be entered in the Law
19Enforcement Agencies Data System (LEADS) on the same day it is
20issued by the court. If an emergency firearms restraining
21order was issued in accordance with Section 35 of this Act, the
22order shall be entered in the Law Enforcement Agencies Data
23System (LEADS) as soon as possible after receipt from the
24clerk.
25    (b) The Illinois State Police shall maintain a complete

 

 

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1and systematic record and index of all valid and recorded
2firearms restraining orders issued or filed under this Act.
3The data shall be used to inform all dispatchers and law
4enforcement officers at the scene of a violation of a firearms
5restraining order of the effective dates and terms of any
6recorded order of protection.
7    (c) The data, records, and transmittals required under
8this Section shall pertain to any valid emergency or plenary
96-month firearms restraining order, whether issued in a civil
10or criminal proceeding or authorized under the laws of another
11state, tribe, or United States territory.
12(Source: P.A. 101-81, eff. 7-12-19; 102-538, eff. 8-20-21.)
 
13    Section 25. The Criminal Code of 2012 is amended by
14changing Section 24-1 and by adding Sections 24-1.9 and
1524-1.10 as follows:
 
16    (720 ILCS 5/24-1)  (from Ch. 38, par. 24-1)
17    Sec. 24-1. Unlawful use of weapons.
18    (a) A person commits the offense of unlawful use of
19weapons when he knowingly:
20        (1) Sells, manufactures, purchases, possesses or
21    carries any bludgeon, black-jack, slung-shot, sand-club,
22    sand-bag, metal knuckles or other knuckle weapon
23    regardless of its composition, throwing star, or any
24    knife, commonly referred to as a switchblade knife, which

 

 

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1    has a blade that opens automatically by hand pressure
2    applied to a button, spring or other device in the handle
3    of the knife, or a ballistic knife, which is a device that
4    propels a knifelike blade as a projectile by means of a
5    coil spring, elastic material or compressed gas; or
6        (2) Carries or possesses with intent to use the same
7    unlawfully against another, a dagger, dirk, billy,
8    dangerous knife, razor, stiletto, broken bottle or other
9    piece of glass, stun gun or taser or any other dangerous or
10    deadly weapon or instrument of like character; or
11        (2.5) Carries or possesses with intent to use the same
12    unlawfully against another, any firearm in a church,
13    synagogue, mosque, or other building, structure, or place
14    used for religious worship; or
15        (3) Carries on or about his person or in any vehicle, a
16    tear gas gun projector or bomb or any object containing
17    noxious liquid gas or substance, other than an object
18    containing a non-lethal noxious liquid gas or substance
19    designed solely for personal defense carried by a person
20    18 years of age or older; or
21        (4) Carries or possesses in any vehicle or concealed
22    on or about his person except when on his land or in his
23    own abode, legal dwelling, or fixed place of business, or
24    on the land or in the legal dwelling of another person as
25    an invitee with that person's permission, any pistol,
26    revolver, stun gun or taser or other firearm, except that

 

 

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1    this subsection (a) (4) does not apply to or affect
2    transportation of weapons that meet one of the following
3    conditions:
4            (i) are broken down in a non-functioning state; or
5            (ii) are not immediately accessible; or
6            (iii) are unloaded and enclosed in a case, firearm
7        carrying box, shipping box, or other container by a
8        person who has been issued a currently valid Firearm
9        Owner's Identification Card; or
10            (iv) are carried or possessed in accordance with
11        the Firearm Concealed Carry Act by a person who has
12        been issued a currently valid license under the
13        Firearm Concealed Carry Act; or
14        (5) Sets a spring gun; or
15        (6) Possesses any device or attachment of any kind
16    designed, used or intended for use in silencing the report
17    of any firearm; or
18        (7) Sells, manufactures, delivers, imports, purchases,
19    possesses or carries:
20            (i) a machine gun, which shall be defined for the
21        purposes of this subsection as any weapon, which
22        shoots, is designed to shoot, or can be readily
23        restored to shoot, automatically more than one shot
24        without manually reloading by a single function of the
25        trigger, including the frame or receiver of any such
26        weapon, or sells, manufactures, purchases, possesses,

 

 

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1        or carries any combination of parts designed or
2        intended for use in converting any weapon into a
3        machine gun, or any combination or parts from which a
4        machine gun can be assembled if such parts are in the
5        possession or under the control of a person;
6            (ii) any rifle having one or more barrels less
7        than 16 inches in length or a shotgun having one or
8        more barrels less than 18 inches in length or any
9        weapon made from a rifle or shotgun, whether by
10        alteration, modification, or otherwise, if such a
11        weapon as modified has an overall length of less than
12        26 inches or any assault weapon or .50 caliber rifle in
13        violation of Section 24-1.9; or
14            (iii) any bomb, bomb-shell, grenade, bottle or
15        other container containing an explosive substance of
16        over one-quarter ounce for like purposes, such as, but
17        not limited to, black powder bombs and Molotov
18        cocktails or artillery projectiles; or
19        (8) Carries or possesses any firearm, stun gun or
20    taser or other deadly weapon in any place which is
21    licensed to sell intoxicating beverages, or at any public
22    gathering held pursuant to a license issued by any
23    governmental body or any public gathering at which an
24    admission is charged, excluding a place where a showing,
25    demonstration or lecture involving the exhibition of
26    unloaded firearms is conducted.

 

 

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1        This subsection (a)(8) does not apply to any auction
2    or raffle of a firearm held pursuant to a license or permit
3    issued by a governmental body, nor does it apply to
4    persons engaged in firearm safety training courses; or
5        (9) Carries or possesses in a vehicle or on or about
6    his or her person any pistol, revolver, stun gun or taser
7    or firearm or ballistic knife, when he or she is hooded,
8    robed or masked in such manner as to conceal his or her
9    identity; or
10        (10) Carries or possesses on or about his or her
11    person, upon any public street, alley, or other public
12    lands within the corporate limits of a city, village, or
13    incorporated town, except when an invitee thereon or
14    therein, for the purpose of the display of such weapon or
15    the lawful commerce in weapons, or except when on his land
16    or in his or her own abode, legal dwelling, or fixed place
17    of business, or on the land or in the legal dwelling of
18    another person as an invitee with that person's
19    permission, any pistol, revolver, stun gun, or taser or
20    other firearm, except that this subsection (a) (10) does
21    not apply to or affect transportation of weapons that meet
22    one of the following conditions:
23            (i) are broken down in a non-functioning state; or
24            (ii) are not immediately accessible; or
25            (iii) are unloaded and enclosed in a case, firearm
26        carrying box, shipping box, or other container by a

 

 

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1        person who has been issued a currently valid Firearm
2        Owner's Identification Card; or
3            (iv) are carried or possessed in accordance with
4        the Firearm Concealed Carry Act by a person who has
5        been issued a currently valid license under the
6        Firearm Concealed Carry Act.
7        A "stun gun or taser", as used in this paragraph (a)
8    means (i) any device which is powered by electrical
9    charging units, such as, batteries, and which fires one or
10    several barbs attached to a length of wire and which, upon
11    hitting a human, can send out a current capable of
12    disrupting the person's nervous system in such a manner as
13    to render him incapable of normal functioning or (ii) any
14    device which is powered by electrical charging units, such
15    as batteries, and which, upon contact with a human or
16    clothing worn by a human, can send out current capable of
17    disrupting the person's nervous system in such a manner as
18    to render him incapable of normal functioning; or
19        (11) Sells, manufactures, delivers, imports,
20    possesses, or purchases any assault weapon attachment or
21    .50 caliber cartridge in violation of Section 24-1.9 or
22    any explosive bullet. For purposes of this paragraph (a)
23    "explosive bullet" means the projectile portion of an
24    ammunition cartridge which contains or carries an
25    explosive charge which will explode upon contact with the
26    flesh of a human or an animal. "Cartridge" means a tubular

 

 

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1    metal case having a projectile affixed at the front
2    thereof and a cap or primer at the rear end thereof, with
3    the propellant contained in such tube between the
4    projectile and the cap; or
5        (12) (Blank); or
6        (13) Carries or possesses on or about his or her
7    person while in a building occupied by a unit of
8    government, a billy club, other weapon of like character,
9    or other instrument of like character intended for use as
10    a weapon. For the purposes of this Section, "billy club"
11    means a short stick or club commonly carried by police
12    officers which is either telescopic or constructed of a
13    solid piece of wood or other man-made material; or
14        (14) Manufactures, possesses, sells, or offers to
15    sell, purchase, manufacture, import, transfer, or use any
16    device, part, kit, tool, accessory, or combination of
17    parts that is designed to and functions to increase the
18    rate of fire of a semiautomatic firearm above the standard
19    rate of fire for semiautomatic firearms that is not
20    equipped with that device, part, or combination of parts.
21    (b) Sentence. A person convicted of a violation of
22subsection 24-1(a)(1) through (5), subsection 24-1(a)(10),
23subsection 24-1(a)(11), or subsection 24-1(a)(13) commits a
24Class A misdemeanor. A person convicted of a violation of
25subsection 24-1(a)(8) or 24-1(a)(9) commits a Class 4 felony;
26a person convicted of a violation of subsection 24-1(a)(6) or

 

 

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124-1(a)(7)(ii) or (iii) commits a Class 3 felony. A person
2convicted of a violation of subsection 24-1(a)(7)(i) commits a
3Class 2 felony and shall be sentenced to a term of imprisonment
4of not less than 3 years and not more than 7 years, unless the
5weapon is possessed in the passenger compartment of a motor
6vehicle as defined in Section 1-146 of the Illinois Vehicle
7Code, or on the person, while the weapon is loaded, in which
8case it shall be a Class X felony. A person convicted of a
9second or subsequent violation of subsection 24-1(a)(4),
1024-1(a)(8), 24-1(a)(9), or 24-1(a)(10) commits a Class 3
11felony. A person convicted of a violation of subsection
1224-1(a)(2.5) or 24-1(a)(14) commits a Class 2 felony. The
13possession of each weapon or device in violation of this
14Section constitutes a single and separate violation.
15    (c) Violations in specific places.
16        (1) A person who violates subsection 24-1(a)(6) or
17    24-1(a)(7) in any school, regardless of the time of day or
18    the time of year, in residential property owned, operated
19    or managed by a public housing agency or leased by a public
20    housing agency as part of a scattered site or mixed-income
21    development, in a public park, in a courthouse, on the
22    real property comprising any school, regardless of the
23    time of day or the time of year, on residential property
24    owned, operated or managed by a public housing agency or
25    leased by a public housing agency as part of a scattered
26    site or mixed-income development, on the real property

 

 

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1    comprising any public park, on the real property
2    comprising any courthouse, in any conveyance owned, leased
3    or contracted by a school to transport students to or from
4    school or a school related activity, in any conveyance
5    owned, leased, or contracted by a public transportation
6    agency, or on any public way within 1,000 feet of the real
7    property comprising any school, public park, courthouse,
8    public transportation facility, or residential property
9    owned, operated, or managed by a public housing agency or
10    leased by a public housing agency as part of a scattered
11    site or mixed-income development commits a Class 2 felony
12    and shall be sentenced to a term of imprisonment of not
13    less than 3 years and not more than 7 years.
14        (1.5) A person who violates subsection 24-1(a)(4),
15    24-1(a)(9), or 24-1(a)(10) in any school, regardless of
16    the time of day or the time of year, in residential
17    property owned, operated, or managed by a public housing
18    agency or leased by a public housing agency as part of a
19    scattered site or mixed-income development, in a public
20    park, in a courthouse, on the real property comprising any
21    school, regardless of the time of day or the time of year,
22    on residential property owned, operated, or managed by a
23    public housing agency or leased by a public housing agency
24    as part of a scattered site or mixed-income development,
25    on the real property comprising any public park, on the
26    real property comprising any courthouse, in any conveyance

 

 

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1    owned, leased, or contracted by a school to transport
2    students to or from school or a school related activity,
3    in any conveyance owned, leased, or contracted by a public
4    transportation agency, or on any public way within 1,000
5    feet of the real property comprising any school, public
6    park, courthouse, public transportation facility, or
7    residential property owned, operated, or managed by a
8    public housing agency or leased by a public housing agency
9    as part of a scattered site or mixed-income development
10    commits a Class 3 felony.
11        (2) A person who violates subsection 24-1(a)(1),
12    24-1(a)(2), or 24-1(a)(3) in any school, regardless of the
13    time of day or the time of year, in residential property
14    owned, operated or managed by a public housing agency or
15    leased by a public housing agency as part of a scattered
16    site or mixed-income development, in a public park, in a
17    courthouse, on the real property comprising any school,
18    regardless of the time of day or the time of year, on
19    residential property owned, operated or managed by a
20    public housing agency or leased by a public housing agency
21    as part of a scattered site or mixed-income development,
22    on the real property comprising any public park, on the
23    real property comprising any courthouse, in any conveyance
24    owned, leased or contracted by a school to transport
25    students to or from school or a school related activity,
26    in any conveyance owned, leased, or contracted by a public

 

 

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1    transportation agency, or on any public way within 1,000
2    feet of the real property comprising any school, public
3    park, courthouse, public transportation facility, or
4    residential property owned, operated, or managed by a
5    public housing agency or leased by a public housing agency
6    as part of a scattered site or mixed-income development
7    commits a Class 4 felony. "Courthouse" means any building
8    that is used by the Circuit, Appellate, or Supreme Court
9    of this State for the conduct of official business.
10        (3) Paragraphs (1), (1.5), and (2) of this subsection
11    (c) shall not apply to law enforcement officers or
12    security officers of such school, college, or university
13    or to students carrying or possessing firearms for use in
14    training courses, parades, hunting, target shooting on
15    school ranges, or otherwise with the consent of school
16    authorities and which firearms are transported unloaded
17    enclosed in a suitable case, box, or transportation
18    package.
19        (4) For the purposes of this subsection (c), "school"
20    means any public or private elementary or secondary
21    school, community college, college, or university.
22        (5) For the purposes of this subsection (c), "public
23    transportation agency" means a public or private agency
24    that provides for the transportation or conveyance of
25    persons by means available to the general public, except
26    for transportation by automobiles not used for conveyance

 

 

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1    of the general public as passengers; and "public
2    transportation facility" means a terminal or other place
3    where one may obtain public transportation.
4    (d) The presence in an automobile other than a public
5omnibus of any weapon, instrument or substance referred to in
6subsection (a)(7) is prima facie evidence that it is in the
7possession of, and is being carried by, all persons occupying
8such automobile at the time such weapon, instrument or
9substance is found, except under the following circumstances:
10(i) if such weapon, instrument or instrumentality is found
11upon the person of one of the occupants therein; or (ii) if
12such weapon, instrument or substance is found in an automobile
13operated for hire by a duly licensed driver in the due, lawful
14and proper pursuit of his or her trade, then such presumption
15shall not apply to the driver.
16    (e) Exemptions.
17        (1) Crossbows, Common or Compound bows and Underwater
18    Spearguns are exempted from the definition of ballistic
19    knife as defined in paragraph (1) of subsection (a) of
20    this Section.
21        (2) The provision of paragraph (1) of subsection (a)
22    of this Section prohibiting the sale, manufacture,
23    purchase, possession, or carrying of any knife, commonly
24    referred to as a switchblade knife, which has a blade that
25    opens automatically by hand pressure applied to a button,
26    spring or other device in the handle of the knife, does not

 

 

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1    apply to a person who possesses a currently valid Firearm
2    Owner's Identification Card previously issued in his or
3    her name by the Illinois State Police or to a person or an
4    entity engaged in the business of selling or manufacturing
5    switchblade knives.
6(Source: P.A. 101-223, eff. 1-1-20; 102-538, eff. 8-20-21.)
 
7    (720 ILCS 5/24-1.9 new)
8    Sec. 24-1.9. Manufacture, possession, delivery, sale, and
9purchase of assault weapons, .50 caliber rifles, and .50
10caliber cartridges.
11    (a) Definitions. In this Section:
12    (1) "Assault weapon" means any of the following, except as
13provided in subdivision (2) of this subsection:
14        (A) A semiautomatic rifle that has the capacity to
15    accept a detachable magazine or that may be readily
16    modified to accept a detachable magazine, if the firearm
17    has one or more of the following:
18            (i) a pistol grip or thumbhole stock;
19            (ii) any feature capable of functioning as a
20        protruding grip that can be held by the non-trigger
21        hand;
22            (iii) a folding, telescoping, thumbhole, or
23        detachable stock, or a stock that is otherwise
24        foldable or adjustable in a manner that operates to
25        reduce the length, size, or any other dimension, or

 

 

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1        otherwise enhances the concealability of, the weapon;
2            (iv) a flash suppressor;
3            (v) a grenade launcher;
4            (vi) a shroud attached to the barrel or that
5        partially or completely encircles the barrel, allowing
6        the bearer to hold the firearm with the non-trigger
7        hand without being burned, but excluding a slide that
8        encloses the barrel.
9        (B) A semiautomatic rifle that has a fixed magazine
10    with the capacity to accept more than 10 rounds, except
11    for an attached tubular device designed to accept, and
12    capable of operating only with, .22 caliber rimfire
13    ammunition.
14        (C) A semiautomatic pistol that has the capacity to
15    accept a detachable magazine or that may be readily
16    modified to accept a detachable magazine, if the firearm
17    has one or more of the following:
18            (i) a threaded barrel;
19            (ii) a second pistol grip or another feature
20        capable of functioning as a protruding grip that can
21        be held by the non-trigger hand;
22            (iii) a shroud attached to the barrel or that
23        partially or completely encircles the barrel, allowing
24        the bearer to hold the firearm with the non-trigger
25        hand without being burned, but excluding a slide that
26        encloses the barrel;

 

 

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1            (iv) a flash suppressor;
2            (v) the capacity to accept a detachable magazine
3        at some location outside of the pistol grip;
4            (vi) a manufactured weight of 50 ounces or more
5        when unloaded; or
6            (vii) a buffer tube, arm brace, or other part that
7        protrudes horizontally behind the pistol grip and is
8        designed or redesigned to allow or facilitate a
9        firearm to be fired from the shoulder.
10        (D) A semiautomatic pistol that has a fixed magazine
11    with the capacity to accept more than 15 rounds.
12        (E) Any shotgun with a revolving cylinder.
13        (F) A semiautomatic shotgun that has one or more of
14    the following:
15            (i) a pistol grip or thumbhole stock;
16            (ii) any feature capable of functioning as a
17        protruding grip that can be held by the non-trigger
18        hand;
19            (iii) a folding, telescoping, or thumbhole stock;
20            (iv) a grenade launcher;
21            (v) a fixed magazine with the capacity to accept
22        or may be readily modified to accept more than five
23        rounds; or
24            (vi) the capacity to accept a detachable magazine.
25        (G) Any semiautomatic firearm that has the capacity to
26    accept a belt ammunition feeding device.

 

 

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1        (H) Any firearm that has been modified to be operable
2    as an assault weapon as defined in this Section.
3        (I) Any part or combination of parts designed or
4    intended to convert a firearm into an assault weapon,
5    including any combination of parts from which an assault
6    weapon may be readily assembled if those parts are in the
7    possession or under the control of the same person.
8        (J) All of the following rifles, copies, duplicates,
9    variants, or altered facsimiles with the capability of any
10    such weapon:
11            (i) All AK types, including the following:
12                (I) AK, AK47, AK47S, AK74, AKM, AKS, ARM,
13            MAK90, MISR, NHM90, NHM91, SA85, SA93, Vector Arms
14            AK47, VEPR, WASR10, and WUM.
15                (II) IZHMASH Saiga AK.
16                (III) MAADI AK47 and ARM.
17                (IV) Norinco 56S, 56S2, 84S, and 86S.
18                (V) Poly Technologies AK47 and AKS.
19                (VI) SKS with a detachable magazine.
20            (ii) all AR types, including the following:
21                (I) AR10.
22                (II) AR15.
23                (III) Alexander Arms Overmatch Plus 16.
24                (IV) Armalite M15 22LR Carbine.
25                (V) Armalite M15T.
26                (VI) Barrett REC7.

 

 

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1                (VII) Beretta AR70.
2                (VIII) Black Rain Ordnance Recon Scout.
3                (IX) Bushmaster ACR.
4                (X) Bushmaster Carbon 15.
5                (XI) Bushmaster MOE series.
6                (XII) Bushmaster XM15.
7                (XIII) Chiappa Firearms MFour rifles.
8                (XIV) Colt Match Target rifles.
9                (XV) CORE Rifle Systems CORE15 rifles.
10                (XVI) Daniel Defense M4A1 rifles.
11                (XVII) Devil Dog Arms 15 Series rifles.
12                (XVIII) Diamondback DB15 rifles.
13                (XIX) DoubleStar AR rifles.
14                (XX) DPMS Tactical rifles.
15                (XXI) DSA Inc. ZM4 Carbine.
16                (XXII) Heckler & Koch MR556.
17                (XXIII) High Standard HSA15 rifles.
18                (XXIV) Jesse James Nomad AR15 rifle.
19                (XXV) Knights Armament SR15.
20                (XXVI) Lancer L15 rifles.
21                (XXVII) MGI Hydra Series rifles.
22                (XXVIII) Mossberg MMR Tactical rifles.
23                (XXIX) Noreen Firearms BN 36 rifle.
24                (XXX) Olympic Arms.
25                (XXXI) POF USA P415.
26                (XXXII) Precision Firearms AR rifles.

 

 

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1                (XXXIII) Remington R15 rifles.
2                (XXXIV) Rhino Arms AR rifles.
3                (XXXV) Rock River Arms LAR15 or Rock River
4            Arms LAR47.
5                (XXXVI) Sig Sauer SIG516 rifles and MCX
6            rifles.
7                (XXXVII) Smith & Wesson M&P15 rifles.
8                (XXXVIII) Stag Arms AR rifles.
9                (XXXIX) Sturm, Ruger & Co. SR556 and AR556
10            rifles.
11                (XL) Uselton Arms Air-Lite M4 rifles.
12                (XLI) Windham Weaponry AR rifles.
13                (XLII) WMD Guns Big Beast.
14                (XLIII) Yankee Hill Machine Company, Inc.
15            YHM15 rifles.
16            (iii) Barrett M107A1.
17            (iv) Barrett M82A1.
18            (v) Beretta CX4 Storm.
19            (vi) Calico Liberty Series.
20            (vii) CETME Sporter.
21            (viii) Daewoo K1, K2, Max 1, Max 2, AR 100, and
22        AR 110C.
23            (ix) Fabrique Nationale/FN Herstal FAL, LAR, 22
24        FNC, 308 Match, L1A1 Sporter, PS90, SCAR, and FS2000.
25            (x) Feather Industries AT9.
26            (xi) Galil Model AR and Model ARM.

 

 

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1            (xii) Hi-Point Carbine.
2            (xiii) HK91, HK93, HK94, HKPSG1, and HK USC.
3            (xiv) IWI TAVOR, Galil ACE rifle.
4            (xv) Kel-Tec Sub-2000, SU16, and RFB.
5            (xvi) SIG AMT, SIG PE57, Sig Sauer SG 550, Sig
6        Sauer SG 551, and SIG MCX.
7            (xvii) Springfield Armory SAR48.
8            (xviii) Steyr AUG.
9            (xix) Sturm, Ruger & Co. Mini-14 Tactical Rifle
10        M14/20CF.
11            (xx) All Thompson rifles, including the following:
12                (I) Thompson M1SB.
13                (II) Thompson T1100D.
14                (III) Thompson T150D.
15                (IV) Thompson T1B.
16                (V) Thompson T1B100D.
17                (VI) Thompson T1B50D.
18                (VII) Thompson T1BSB.
19                (VIII) Thompson T1C.
20                (IX) Thompson T1D.
21                (X) Thompson T1SB.
22                (XI) Thompson T5.
23                (XII) Thompson T5100D.
24                (XIII) Thompson TM1.
25                (XIV) Thompson TM1C.
26            (xxi) UMAREX UZI rifle.

 

 

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1            (xxii) UZI Mini Carbine, UZI Model A Carbine, and
2        UZI Model B Carbine.
3            (xxiii) Valmet M62S, M71S, and M78.
4            (xxiv) Vector Arms UZI Type.
5            (xxv) Weaver Arms Nighthawk.
6            (xxvi) Wilkinson Arms Linda Carbine.
7        (K) All of the following pistols, copies, duplicates,
8    variants, or altered facsimiles with the capability of any
9    such weapon thereof:
10            (i) All AK types, including the following:
11                (I) Centurion 39 AK pistol.
12                (II) CZ Scorpion pistol.
13                (III) Draco AK47 pistol.
14                (IV) HCR AK47 pistol.
15                (V) IO Inc. Hellpup AK47 pistol.
16                (VI) Krinkov pistol.
17                (VII) Mini Draco AK47 pistol.
18                (VIII) PAP M92 pistol.
19                (IX) Yugo Krebs Krink pistol.
20            (ii) All AR types, including the following:
21                (I) American Spirit AR15 pistol.
22                (II) Bushmaster Carbon 15 pistol.
23                (III) Chiappa Firearms M4 Pistol GEN II.
24                (IV) CORE Rifle Systems CORE15 Roscoe pistol.
25                (V) Daniel Defense MK18 pistol.
26                (VI) DoubleStar Corporation AR pistol.

 

 

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1                (VII) DPMS AR15 pistol.
2                (VIII) Jesse James Nomad AR15 pistol.
3                (IX) Olympic Arms AR15 pistol.
4                (X) Osprey Armament MK18 pistol.
5                (XI) POF USA AR pistols.
6                (XII) Rock River Arms LAR 15 pistol.
7                (XIII) Uselton Arms Air-Lite M4 pistol.
8            (iii) Calico pistols.
9            (iv) DSA SA58 PKP FAL pistol.
10            (v) Encom MP9 and MP45.
11            (vi) Heckler & Koch model SP89 pistol.
12            (vii) Intratec AB10, TEC22 Scorpion, TEC9, and
13        TECDC9.
14            (viii) IWI Galil Ace pistol, UZI PRO pistol.
15            (ix) Kel-Tec PLR 16 pistol.
16            (x) All MAC types, including the following:
17                (I) MAC10.
18                (II) MAC11.
19                (III) Masterpiece Arms MPA A930 Mini Pistol,
20            MPA460 Pistol, MPA Tactical Pistol, and MPA Mini
21            Tactical Pistol.
22                (IV) Military Armament Corp. Ingram M11.
23                (V) Velocity Arms VMAC.
24            (xi) Sig Sauer P556 pistol.
25            (xii) Sites Spectre.
26            (xiii) All Thompson types, including the

 

 

10200HB5471sam001- 95 -LRB102 24372 JDS 42553 a

1        following:
2                (I) Thompson TA510D.
3                (II) Thompson TA5.
4            (xiv) All UZI types, including Micro-UZI.
5        (L) All of the following pistols, copies, duplicates,
6    All of the following shotguns, copies, duplicates,
7    variants, or altered facsimiles with the capability of any
8    such weapon thereof:
9            (i) DERYA Anakon MC1980, Anakon SD12.
10            (ii) Doruk Lethal shotguns.
11            (iii) Franchi LAW12 and SPAS 12.
12            (iv) All IZHMASH Saiga 12 types, including the
13        following:
14                (I) IZHMASH Saiga 12.
15                (II) IZHMASH Saiga 12S.
16                (III) IZHMASH Saiga 12S EXP01.
17                (IV) IZHMASH Saiga 12K.
18                (V) IZHMASH Saiga 12K030.
19                (VI) IZHMASH Saiga 12K040 Taktika.
20            (v) Streetsweeper.
21            (vi) Striker 12.
22    (2) "Assault weapon" does not include:
23        (A) Any firearm that is an unserviceable firearm or
24    has been made permanently inoperable.
25        (B) An antique firearm or a replica of an antique
26    firearm.

 

 

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1        (C) A firearm that is manually operated by bolt, pump,
2    lever or slide action, unless the firearm is a shotgun
3    with a revolving cylinder.
4        (D) Any air rifle as defined in Section 24.8-0.1 of
5    this Code.
6    (3) "Assault weapon attachment" means any device capable
7of being attached to a firearm that is specifically designed
8for making or converting a firearm into any of the firearms
9listed in paragraph (1) of this subsection (a).
10    (4) "Antique firearm" has the meaning ascribed to it in 18
11U.S.C. 921(a)(16).
12    (5) ".50 caliber rifle" means a centerfire rifle capable
13of firing a .50 caliber cartridge. The term does not include
14any antique firearm, any shotgun including a shotgun that has
15a rifle barrel, or any muzzle-loader which uses black powder
16for hunting or historical reenactments.
17    (6) ".50 caliber cartridge" means a cartridge in .50 BMG
18caliber, either by designation or actual measurement, that is
19capable of being fired from a centerfire rifle. The term ".50
20caliber cartridge" does not include any memorabilia or display
21item that is filled with a permanent inert substance or that is
22otherwise permanently altered in a manner that prevents ready
23modification for use as live ammunition or shotgun ammunition
24with a caliber measurement that is equal to or greater than .50
25caliber.
26    (7) "Detachable magazine" means an ammunition feeding

 

 

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1device that may be removed from a firearm without disassembly
2of the firearm action, including an ammunition feeding device
3that may be readily removed from a firearm with the use of a
4bullet, cartridge, accessory, or other tool, or any other
5object that functions as a tool.
6    (8) "Fixed magazine" means an ammunition feeding device
7that is permanently attached to a firearm, or contained in and
8not removable from a firearm, or that is otherwise not a
9detachable magazine, but does not include an attached tubular
10device designed to accept, and capable of operating only with,
11.22 caliber rimfire ammunition.
12    (b) Except as provided in subsections (c), (d), and (e),
13on or after the effective date of this amendatory Act of the
14102nd General Assembly, it is unlawful for any person within
15this State to knowingly manufacture, deliver, sell, import, or
16purchase or cause to be manufactured, delivered, sold,
17imported, or purchased by another, an assault weapon, assault
18weapon attachment, .50 caliber rifle, or .50 caliber
19cartridge.
20    (c) Except as otherwise provided in subsection (d), 300
21days after the effective date of this amendatory Act of the
22102nd General Assembly, it is unlawful for any person within
23this State to knowingly possess an assault weapon, assault
24weapon attachment, .50 caliber rifle, or .50 caliber
25cartridge.
26    (d) This Section does not apply to a person who possessed

 

 

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1before the effective date of this amendatory Act of the 102nd
2General Assembly an assault weapon, assault weapon attachment,
3.50 caliber rifle, or .50 caliber cartridge prohibited by
4subsection (c) of this Section, if the person has provided in
5an endorsement affidavit, prior to January 1, 2024, under oath
6or affirmation and in the form and manner prescribed by the
7Illinois State Police, no later than October 1, 2023:
8        (1) the affiant's Firearm Owner's Identification Card
9    number; and
10        (2) an affirmation that the affiant: (i) possessed an
11    assault weapon, assault weapon attachment, .50 caliber
12    rifle, or .50 caliber cartridge before the effective date
13    of this amendatory Act of the 102nd General Assembly; or
14    (ii) inherited the assault weapon, assault weapon
15    attachment, .50 caliber rifle, or .50 caliber cartridge
16    from a person with an endorsement under this Section or
17    from a person authorized under subdivisions (1) through
18    (5) of subsection (e) to possess the assault weapon,
19    assault weapon attachment, .50 caliber rifle, or .50
20    caliber cartridge.
21    The affidavit form shall include the following statement
22printed in bold type: "Warning: Entering false information on
23this form is punishable as perjury under Section 32-2 of the
24Criminal Code of 2012. Entering false information on this form
25is a violation of the Firearm Owners Identification Card Act."
26    In any administrative, civil, or criminal proceeding in

 

 

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1this State, a completed endorsement affidavit submitted to the
2Illinois State Police by a person under this Section creates a
3rebuttable presumption that the person is entitled to possess
4and transport the assault weapon, assault weapon attachment,
5.50 caliber rifle, or .50 caliber cartridge.
6    Beginning 90 days after the effective date of this
7amendatory Act of the 102nd General Assembly, a person
8authorized under this Section to possess an assault weapon,
9assault weapon attachment, .50 caliber rifle, or .50 caliber
10cartridge shall possess such items only:
11        (1) on private property owned or immediately
12    controlled by the person;
13        (2) on private property that is not open to the public
14    with the express permission of the person who owns or
15    immediately controls such property;
16        (3) while on the premises of a licensed firearms
17    dealer or gunsmith for the purpose of lawful repair;
18        (4) while engaged in the legal use of the assault
19    weapon, assault weapon attachment, .50 caliber rifle, or
20    .50 caliber cartridge at a properly licensed firing range
21    or sport shooting competition venue; or
22        (5) while traveling to or from these locations,
23    provided that the assault weapon, assault weapon
24    attachment, or .50 caliber rifle is unloaded and the
25    assault weapon, assault weapon attachment, .50 caliber
26    rifle, or .50 caliber cartridge is enclosed in a case,

 

 

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1    firearm carrying box, shipping box, or other container.
2    Beginning on January 1, 2024, the person with the
3endorsement for an assault weapon, assault weapon attachment,
4.50 caliber rifle, or .50 caliber cartridge or a person
5authorized under subdivisions (1) through (5) of subsection
6(e) to possess an assault weapon, assault weapon attachment,
7.50 caliber rifle, or .50 caliber cartridge may transfer the
8assault weapon, assault weapon attachment, .50 caliber rifle,
9or .50 caliber cartridge only to an heir, an individual
10residing in another state maintaining it in another state, or
11a dealer licensed as a federal firearms dealer under Section
12923 of the federal Gun Control Act of 1968. Within 10 days
13after transfer of the weapon except to an heir, the person
14shall notify the Illinois State Police of the name and address
15of the transferee and comply with the requirements of
16subsection (b) of Section 3 of the Firearm Owners
17Identification Card Act. The person to whom the weapon or
18ammunition is transferred shall, within 60 days of the
19transfer, complete an affidavit required under this Section. A
20person to whom the weapon is transferred may transfer it only
21as provided in this subsection.
22    Except as provided in subsection (e) and beginning on
23January 1, 2024, any person who moves into this State in
24possession of an assault weapon, assault weapon attachment,
25.50 caliber rifle, or .50 caliber cartridge shall, within 60
26days, apply for a Firearm Owners Identification Card and

 

 

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1complete an endorsement application as outlined in subsection
2(d).
3    Notwithstanding any other law, information contained in
4the endorsement affidavit shall be confidential and shall not
5be disclosed, except to law enforcement agencies acting in the
6performance of their duties.
7    (e) The provisions of this Section regarding the purchase
8or possession of assault weapons, assault weapon attachments,
9.50 caliber rifles, and .50 cartridges, as well as the
10provisions of this Section that prohibit causing those items
11to be purchased or possessed, do not apply to:
12        (1) Peace officers, as defined in Section 2-13 of this
13    Code.
14        (2) Qualified law enforcement officers and qualified
15    retired law enforcement officers as defined in the Law
16    Enforcement Officers Safety Act of 2004 (18 USC Sections
17    926B and 926C) and as recognized under Illinois law.
18        (3) Acquisition and possession by a federal, State, or
19    local law enforcement agency for the purpose of equipping
20    the agency's peace officers as defined in paragraph (1) or
21    (2) of this subsection (e).
22        (4) Wardens, superintendents, and keepers of prisons,
23    penitentiaries, jails, and other institutions for the
24    detention of persons accused or convicted of an offense.
25        (5) Members of the Armed Services or Reserve Forces of
26    the United States or the Illinois National Guard, while

 

 

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1    performing their official duties or while traveling to or
2    from their places of duty.
3        (6) Any company that employs armed security officers
4    in this State at a nuclear energy, storage, weapons, or
5    development site or facility regulated by the federal
6    Nuclear Regulatory Commission and any person employed as
7    an armed security force member at a nuclear energy,
8    storage, weapons, or development site or facility
9    regulated by the federal Nuclear Regulatory Commission who
10    has completed the background screening and training
11    mandated by the rules and regulations of the federal
12    Nuclear Regulatory Commission and while performing
13    official duties.
14    The provisions of this Section do not apply to the
15manufacture, delivery, sale, import, purchase, or possession
16of an assault weapon, assault weapon attachment, .50 caliber
17rifle, or .50 caliber cartridge or causing the manufacture,
18delivery, sale, importation, purchase, or possession of those
19items:
20        (A) for sale or transfer to persons authorized under
21    subdivisions (1) through (6) of this subsection (e) to
22    possess those items;
23        (B) for sale or transfer to the United States or any
24    department or agency thereof; or
25        (C) for sale or transfer in another state or for
26    export.

 

 

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1    This Section does not apply to or affect any of the
2following:
3        (i) Possession of any firearm if that firearm is
4    sanctioned by the International Olympic Committee and by
5    USA Shooting, the national governing body for
6    international shooting competition in the United States,
7    but only when the firearm is in the actual possession of an
8    Olympic target shooting competitor or target shooting
9    coach for the purpose of storage, transporting to and from
10    Olympic target shooting practice or events if the firearm
11    is broken down in a nonfunctioning state, is not
12    immediately accessible, or is unloaded and enclosed in a
13    firearm case, carrying box, shipping box, or other similar
14    portable container designed for the safe transportation of
15    firearms, and when the Olympic target shooting competitor
16    or target shooting coach is engaging in those practices or
17    events. For the purposes of this paragraph (8), "firearm"
18    has the meaning provided in Section 1.1 of the Firearm
19    Owners Identification Card Act.
20        (ii) Any nonresident who transports, within 24 hours,
21    a weapon for any lawful purpose from any place where the
22    nonresident may lawfully possess and carry that weapon to
23    any other place where the nonresident may lawfully possess
24    and carry that weapon if, during the transportation, the
25    weapon is unloaded, and neither the weapon nor any
26    ammunition being transported is readily accessible or is

 

 

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1    directly accessible from the passenger compartment of the
2    transporting vehicle. In the case of a vehicle without a
3    compartment separate from the driver's compartment, the
4    weapon or ammunition shall be contained in a locked
5    container other than the glove compartment or console.
6        (iii) Possession of a weapon at an event taking place
7    at the World Shooting and Recreational Complex at Sparta,
8    only while engaged in the legal use of the weapon, or while
9    traveling to or from that location if the weapon is broken
10    down in a nonfunctioning state, is not immediately
11    accessible, or is unloaded and enclosed in a firearm case,
12    carrying box, shipping box, or other similar portable
13    container designed for the safe transportation of
14    firearms.
15        (iv) Possession of a weapon only for hunting use
16    expressly permitted under the Wildlife Code, or while
17    traveling to or from a location authorized for this
18    hunting use under the Wildlife Code if the weapon is
19    broken down in a nonfunctioning state, is not immediately
20    accessible, or is unloaded and enclosed in a firearm case,
21    carrying box, shipping box, or other similar portable
22    container designed for the safe transportation of
23    firearms.
24        (v) The manufacture, transportation, possession, sale,
25    or rental of blank-firing assault weapons and .50 caliber
26    rifles, or the weapon's respective attachments, to persons

 

 

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1    authorized or permitted, or both authorized and permitted,
2    to acquire and possess these weapons or attachments for
3    the purpose of rental for use solely as props for a motion
4    picture, television, or video production or entertainment
5    event.
6    Any person not subject to this Section may submit an
7endorsement affidavit if the person chooses.
8    (f) Any sale or transfer with a background check initiated
9to the Illinois State Police on or before the effective date of
10this amendatory Act of the 102nd General Assembly is allowed
11to be completed after the effective date of this amendatory
12Act once an approval is issued by the Illinois State Police and
13any applicable waiting period under Section 24-3 has expired.
14    (g) The Illinois State Police shall take all steps
15necessary to carry out the requirements of this Section within
16by October 1, 2023.
 
17    (720 ILCS 5/24-1.10 new)
18    Sec. 24-1.10. Manufacture, delivery, or sale of large
19capacity ammunition feeding devices.
20    (a) In this Section:
21    "Large capacity ammunition feeding device" means:
22        (1) a magazine, belt, drum, feed strip, or similar
23    device that has a capacity of, or that can be readily
24    restored or converted to accept, more than 10 rounds of
25    ammunition for long guns and more than 15 rounds of

 

 

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1    ammunition for handguns; or
2        (2) any combination of parts from which a device
3    described in paragraph (1) can be assembled.
4    "Large capacity ammunition feeding device" does not
5include an attached tubular device designed to accept, and
6capable of operating only with, .22 caliber rimfire
7ammunition. "Large capacity ammunition feeding device" does
8not include a tubular magazine that is contained in a
9lever-action firearm or any device that has been made
10permanently inoperable.
11    (b) Except as provided in subsection (c) and (d), it is
12unlawful for any person within this State to knowingly
13manufacture, deliver, sell, purchase, or possess or cause to
14be manufactured, delivered, sold, or purchased a large
15capacity ammunition feeding device.
16    (c) This Section does not apply to any person who
17possesses a large capacity ammunition feeding device prior to
18the effective date of this amendatory Act of the 102nd General
19Assembly.
20    Beginning 90 days after the effective date of this
21amendatory Act of the 102nd General Assembly, a person
22authorized under this Section to possess a large capacity
23ammunition feeding device shall possess such device only:
24        (1) on private property owned or immediately
25    controlled by the person;
26        (2) on private property that is not open to the public

 

 

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1    with the express permission of the person who owns or
2    immediately controls such property;
3        (3) while on the premises of a licensed firearms
4    dealer or gunsmith for the purpose of lawful repair;
5        (4) while engaged in the legal use of the large
6    capacity ammunition feeding device at a properly licensed
7    firing range or sport shooting competition venue; or
8        (5) while traveling to or from these locations,
9    provided that the large capacity ammunition feeding device
10    is stored unloaded and enclosed in a case, firearm
11    carrying box, shipping box, or other container.
12    Beginning 90 days after the effective date of this
13amendatory Act of the 102nd General Assembly, a person
14authorized under this Section to possess a large capacity
15ammunition feeding device may transfer the large capacity
16ammunition feeding device only to an heir, an individual
17residing in another state maintaining it in another state, or
18a dealer licensed as a federal firearms dealer under Section
19923 of the federal Gun Control Act of 1968. Within 10 days
20after transfer of the large capacity ammunition feeding device
21except to an heir, the person shall notify the Illinois State
22Police of the name and address of the transferee and comply
23with the requirements of subsection (b) of Section 3 of the
24Firearm Owners Identification Card Act. The person to whom the
25large capacity ammunition feeding device is transferred shall,
26within 60 days of the transfer, complete an affidavit required

 

 

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1under this Section. A person to whom the large capacity
2ammunition feeding device is transferred may transfer it only
3as provided in this subsection.
4    Except as provided in subsection (d) and beginning 90 days
5after the effective date of this amendatory Act of the 102nd
6General Assembly, any person who moves into this State in
7possession of a large capacity ammunition feeding device
8shall, within 60 days, apply for a Firearm Owners
9Identification Card.
10    (d) The provisions of this Section regarding the purchase
11or possession of large capacity ammunition feeding devices, as
12well as the provisions of this Section that prohibit causing
13those items to be purchased or possessed, do not apply to:
14        (1) Peace officers as defined in Section 2-13 of this
15    Code.
16        (2) Qualified law enforcement officers and qualified
17    retired law enforcement officers as defined in the Law
18    Enforcement Officers Safety Act of 2004 (18 USC Sections
19    926B and 926C) and as recognized under Illinois law.
20        (3) A federal, State, or local law enforcement agency
21    for the purpose of equipping the agency's peace officers
22    as defined in paragraph (1) or (2) of this subsection (d).
23        (4) Wardens, superintendents, and keepers of prisons,
24    penitentiaries, jails, and other institutions for the
25    detention of persons accused or convicted of an offense.
26        (5) Members of the Armed Services or Reserve Forces of

 

 

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1    the United States or the Illinois National Guard, while
2    their official duties or while traveling to or from their
3    places of duty.
4        (6) Any company that employs armed security officers
5    in this State at a nuclear energy, storage, weapons, or
6    development site or facility regulated by the federal
7    Nuclear Regulatory Commission and any person employed as
8    an armed security force member at a nuclear energy,
9    storage, weapons, or development site or facility
10    regulated by the federal Nuclear Regulatory Commission who
11    has completed the background screening and training
12    mandated by the rules and regulations of the federal
13    Nuclear Regulatory Commission and while performing
14    official duties.
15    (e) This Section does not apply to or affect any of the
16following:
17        (1) Manufacture, delivery, sale, importation,
18    purchase, or possession or causing to be manufactured,
19    delivered, sold, imported, purchased, or possessed a large
20    capacity ammunition feeding device:
21            (A) for sale or transfer to persons authorized
22        under subdivisions (1) through (5) of subsection (d)
23        to possess those items;
24            (B) for sale or transfer to the United States or
25        any department or agency thereof; or
26            (C) for sale or transfer in another state or for

 

 

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1        export.
2        (2) Sale or rental of large capacity ammunition
3    feeding devices for blank-firing assault weapons and .50
4    caliber rifles, to persons authorized or permitted, or
5    both authorized and permitted, to acquire these devices
6    for the purpose of rental for use solely as props for a
7    motion picture, television, or video production or
8    entertainment event.
9    (f) Sentence. A person who knowingly delivers, sells,
10purchases, or causes to be delivered, sold, or purchased in
11violation of this Section a large capacity ammunition feeding
12device capable of holding more than 10 rounds of ammunition
13for long guns or more than 15 rounds of ammunition for handguns
14commits a petty offense with a fine of $1,000 for each
15violation.
 
16    Section 97. Severability. The provisions of this Act are
17severable under Section 1.31 of the Statute on Statutes.
 
18    Section 99. Effective date. This Act takes effect upon
19becoming law.".