Sen. Don Harmon
Filed: 1/8/2023
| |||||||
| |||||||
| |||||||
1 | AMENDMENT TO HOUSE BILL 5471
| ||||||
2 | AMENDMENT NO. ______. Amend House Bill 5471 by replacing | ||||||
3 | everything after the enacting clause with the following:
| ||||||
4 | "Section 1. This Act may be referred to as the Protect | ||||||
5 | Illinois Communities Act. | ||||||
6 | Section 5. The Illinois State Police Law of the
Civil | ||||||
7 | Administrative Code of Illinois is amended by changing | ||||||
8 | Sections 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
| ||||||
12 | the 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 |
| |||||||
| |||||||
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 , |
| |||||||
| |||||||
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 | ||||||
20 | statewide coordination and strategy pertaining to | ||||||
21 | firearm-related intelligence, firearms trafficking | ||||||
22 | interdiction, and investigations reaching across all divisions | ||||||
23 | of the Illinois State Police, including providing crime gun | ||||||
24 | intelligence support for suspects and firearms involved in | ||||||
25 | firearms trafficking or the commission of a crime involving | ||||||
26 | firearms that is investigated by the Illinois State Police and |
| |||||||
| |||||||
1 | other federal, State, and local law enforcement agencies, with | ||||||
2 | the objective of reducing and preventing illegal possession | ||||||
3 | and use of firearms, firearms trafficking, firearm-related | ||||||
4 | homicides, and other firearm-related violent crimes in | ||||||
5 | Illinois. | ||||||
6 | (Source: P.A. 102-538, eff. 8-20-21; 102-813, eff. 5-13-22; | ||||||
7 | 102-1108, 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 | ||||||
11 | Restraining Order Act. | ||||||
12 | (a) There is created the Commission on Implementing the | ||||||
13 | Firearms Restraining Order Act composed of at least 12 members | ||||||
14 | to advise on the strategies of education and implementation of | ||||||
15 | the Firearms Restraining Order Act. The Commission shall be | ||||||
16 | appointed by the Director of the Illinois State Police or his | ||||||
17 | or her designee and shall include a liaison or representative | ||||||
18 | nominated 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; |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
1 | of the Illinois Association of Court Clerks . | ||||||
2 | (b)
The Commission shall be chaired by the Director of the | ||||||
3 | Illinois State Police or his or her designee. The Commission | ||||||
4 | shall meet, either virtually or in person, to discuss the | ||||||
5 | implementation of the Firearms Restraining Order Act as | ||||||
6 | determined by the Commission while the strategies are being | ||||||
7 | established. | ||||||
8 | (c) The members of the Commission shall serve without | ||||||
9 | compensation and shall serve 3-year terms. | ||||||
10 | (d) An annual report shall be submitted to the General | ||||||
11 | Assembly by the Commission that may include summary | ||||||
12 | information about firearms restraining order use by county, | ||||||
13 | challenges to Firearms Restraining Order Act implementation, | ||||||
14 | and recommendations for increasing and improving | ||||||
15 | implementation. | ||||||
16 | (e)
The Commission shall develop a model policy with an | ||||||
17 | overall framework for the timely relinquishment of firearms | ||||||
18 | whenever a firearms restraining order is issued. The model | ||||||
19 | policy shall be finalized within the first 4 months of | ||||||
20 | convening. In formulating the model policy, the Commission | ||||||
21 | shall consult counties in Illinois and other states with | ||||||
22 | extreme risk protection order laws which have achieved a high | ||||||
23 | rate of petition filings. Once approved, the Illinois State | ||||||
24 | Police shall work with their local law enforcement agencies | ||||||
25 | within their county to design a comprehensive strategy for the | ||||||
26 | timely relinquishment of firearms, using the model policy as |
| |||||||
| |||||||
1 | an overall framework. Each individual agency may make small | ||||||
2 | modifications as needed to the model policy and must approve | ||||||
3 | and adopt a policy that aligns with the model policy. The | ||||||
4 | Illinois State Police shall convene local police chiefs and | ||||||
5 | sheriffs within their county as needed to discuss the | ||||||
6 | relinquishment of firearms. | ||||||
7 | (f) The Commission shall be dissolved June 1, 2025 (3 | ||||||
8 | years after the effective date of Public Act 102-345). | ||||||
9 | (g) This Section is repealed June 1, 2026 (4 years after | ||||||
10 | the 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 | ||||||
13 | changing 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 | ||||||
17 | bidders, offerors, potential contractors, or contractors were | ||||||
18 | first
solicited on or after July 1, 1998. This Code shall not | ||||||
19 | be construed to affect
or impair any contract, or any | ||||||
20 | provision of a contract, entered into based on a
solicitation | ||||||
21 | prior to the implementation date of this Code as described in
| ||||||
22 | Article 99, including, but not limited to, any covenant | ||||||
23 | entered into with respect
to any revenue bonds or similar | ||||||
24 | instruments.
All procurements for which contracts are |
| |||||||
| |||||||
1 | solicited between the effective date
of Articles 50 and 99 and | ||||||
2 | July 1, 1998 shall be substantially in accordance
with this | ||||||
3 | Code and its intent.
| ||||||
4 | (b) This Code shall apply regardless of the source of the | ||||||
5 | funds with which
the contracts are paid, including federal | ||||||
6 | assistance 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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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, |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 | ||||||
8 | with an annual value of more than $100,000 entered into on or | ||||||
9 | after October 1, 2017 under an exemption provided in any | ||||||
10 | paragraph of this subsection (b), except paragraph (1), (2), | ||||||
11 | or (5), each State agency shall post to the appropriate | ||||||
12 | procurement bulletin the name of the contractor, a description | ||||||
13 | of the supply or service provided, the total amount of the | ||||||
14 | contract, the term of the contract, and the exception to the | ||||||
15 | Code utilized. The chief procurement officer shall submit a | ||||||
16 | report to the Governor and General Assembly no later than | ||||||
17 | November 1 of each year that shall include, at a minimum, an | ||||||
18 | annual summary of the monthly information reported to the | ||||||
19 | chief procurement officer. | ||||||
20 | (c) This Code does not apply to the electric power | ||||||
21 | procurement process provided for under Section 1-75 of the | ||||||
22 | Illinois Power Agency Act and Section 16-111.5 of the Public | ||||||
23 | Utilities Act. | ||||||
24 | (d) Except for Section 20-160 and Article 50 of this Code, | ||||||
25 | and as expressly required by Section 9.1 of the Illinois | ||||||
26 | Lottery Law, the provisions of this Code do not apply to the |
| |||||||
| |||||||
1 | procurement process provided for under Section 9.1 of the | ||||||
2 | Illinois Lottery Law. | ||||||
3 | (e) This Code does not apply to the process used by the | ||||||
4 | Capital Development Board to retain a person or entity to | ||||||
5 | assist the Capital Development Board with its duties related | ||||||
6 | to the determination of costs of a clean coal SNG brownfield | ||||||
7 | facility, as defined by Section 1-10 of the Illinois Power | ||||||
8 | Agency Act, as required in subsection (h-3) of Section 9-220 | ||||||
9 | of the Public Utilities Act, including calculating the range | ||||||
10 | of capital costs, the range of operating and maintenance | ||||||
11 | costs, or the sequestration costs or monitoring the | ||||||
12 | construction of clean coal SNG brownfield facility for the | ||||||
13 | full duration of construction. | ||||||
14 | (f) (Blank). | ||||||
15 | (g) (Blank). | ||||||
16 | (h) This Code does not apply to the process to procure or | ||||||
17 | contracts entered into in accordance with Sections 11-5.2 and | ||||||
18 | 11-5.3 of the Illinois Public Aid Code. | ||||||
19 | (i) Each chief procurement officer may access records | ||||||
20 | necessary to review whether a contract, purchase, or other | ||||||
21 | expenditure is or is not subject to the provisions of this | ||||||
22 | Code, unless such records would be subject to attorney-client | ||||||
23 | privilege. | ||||||
24 | (j) This Code does not apply to the process used by the | ||||||
25 | Capital Development Board to retain an artist or work or works | ||||||
26 | of art as required in Section 14 of the Capital Development |
| |||||||
| |||||||
1 | Board Act. | ||||||
2 | (k) This Code does not apply to the process to procure | ||||||
3 | contracts, or contracts entered into, by the State Board of | ||||||
4 | Elections or the State Electoral Board for hearing officers | ||||||
5 | appointed pursuant to the Election Code. | ||||||
6 | (l) This Code does not apply to the processes used by the | ||||||
7 | Illinois Student Assistance Commission to procure supplies and | ||||||
8 | services paid for from the private funds of the Illinois | ||||||
9 | Prepaid Tuition Fund. As used in this subsection (l), "private | ||||||
10 | funds" means funds derived from deposits paid into the | ||||||
11 | Illinois Prepaid Tuition Trust Fund and the earnings thereon. | ||||||
12 | (m) This Code shall apply regardless of the source of | ||||||
13 | funds with which contracts are paid, including federal | ||||||
14 | assistance moneys. Except as specifically provided in this | ||||||
15 | Code, this Code shall not apply to procurement expenditures | ||||||
16 | necessary for the Department of Public Health to conduct the | ||||||
17 | Healthy Illinois Survey in accordance with Section 2310-431 of | ||||||
18 | the Department of Public Health Powers and Duties Law of the | ||||||
19 | Civil Administrative Code of Illinois. | ||||||
20 | (Source: P.A. 101-27, eff. 6-25-19; 101-81, eff. 7-12-19; | ||||||
21 | 101-363, eff. 8-9-19; 102-175, eff. 7-29-21; 102-483, eff | ||||||
22 | 1-1-22; 102-558, eff. 8-20-21; 102-600, eff. 8-27-21; 102-662, | ||||||
23 | eff. 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 | ||||||
25 | amended by changing Sections 2, 3, 4, and 8 and by adding |
| |||||||
| |||||||
1 | Section 4.1 as follows:
| ||||||
2 | (430 ILCS 65/2) (from Ch. 38, par. 83-2)
| ||||||
3 | Sec. 2. Firearm Owner's Identification Card required; | ||||||
4 | exceptions.
| ||||||
5 | (a) (1) No person may acquire or possess any firearm, stun | ||||||
6 | gun, or taser within this State
without having in his or her | ||||||
7 | possession a Firearm Owner's Identification Card
previously | ||||||
8 | issued in his or her name by the Illinois State Police under
| ||||||
9 | the provisions of this Act.
| ||||||
10 | (2) No person may acquire or possess firearm ammunition | ||||||
11 | within this
State without having in his or her possession a | ||||||
12 | Firearm Owner's Identification
Card previously issued in his | ||||||
13 | or her name by the Illinois State Police
under the provisions | ||||||
14 | of this Act.
| ||||||
15 | (b) The provisions of this Section regarding the | ||||||
16 | possession of firearms, firearm ammunition, stun guns, and | ||||||
17 | tasers 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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 | ||||||
14 | acquisition and possession
of firearms, firearm ammunition, | ||||||
15 | stun guns, and tasers do not apply to law enforcement | ||||||
16 | officials
of this or any other jurisdiction, while engaged in | ||||||
17 | the operation of their
official duties.
| ||||||
18 | (c-5) The provisions of paragraphs (1) and (2) of | ||||||
19 | subsection (a) of this Section regarding the possession of | ||||||
20 | firearms
and firearm ammunition do not apply to the holder of a | ||||||
21 | valid concealed carry
license issued under the Firearm | ||||||
22 | Concealed Carry Act who is in physical
possession of the | ||||||
23 | concealed carry license. | ||||||
24 | (d) Any person who becomes a resident of this State, who is | ||||||
25 | not otherwise prohibited from obtaining, possessing, or using | ||||||
26 | a firearm or firearm ammunition, shall not be required to have |
| |||||||
| |||||||
1 | a Firearm Owner's Identification Card to possess firearms or | ||||||
2 | firearms ammunition until 60 calendar days after he or she | ||||||
3 | obtains an Illinois driver's license or Illinois | ||||||
4 | Identification 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 | ||||||
9 | knowingly
transfer, or cause to be transferred, any firearm, | ||||||
10 | firearm ammunition, stun gun, or taser to any person within | ||||||
11 | this State unless the
transferee with whom he deals displays | ||||||
12 | either: (1) a currently valid Firearm Owner's
Identification | ||||||
13 | Card which has previously been issued in his or her name by the
| ||||||
14 | Illinois State Police under the provisions of this Act; or (2) | ||||||
15 | a currently valid license to carry a concealed firearm which | ||||||
16 | has previously been issued in his or her name by the
Illinois | ||||||
17 | State Police under the Firearm Concealed Carry Act. In | ||||||
18 | addition,
all firearm, stun gun, and taser transfers by | ||||||
19 | federally licensed firearm dealers are subject
to Section 3.1. | ||||||
20 | (a-5) Any person who is not a federally licensed firearm | ||||||
21 | dealer and who desires to transfer or sell a firearm while that | ||||||
22 | person is on the grounds of a gun show must, before selling or | ||||||
23 | transferring the firearm, request the Illinois State Police to | ||||||
24 | conduct a background check on the prospective recipient of the | ||||||
25 | firearm in accordance with Section 3.1.
|
| |||||||
| |||||||
1 | (a-10) Notwithstanding item (2) of subsection (a) of this | ||||||
2 | Section, any person who is not a federally licensed firearm | ||||||
3 | dealer and who desires to transfer or sell a firearm or | ||||||
4 | firearms to any person who is not a federally licensed firearm | ||||||
5 | dealer shall, before selling or transferring the firearms, | ||||||
6 | contact a federal firearm license dealer under paragraph (1) | ||||||
7 | of subsection (a-15) of this Section to conduct the transfer | ||||||
8 | or the Illinois State Police with the transferee's or | ||||||
9 | purchaser's Firearm Owner's Identification Card number to | ||||||
10 | determine the validity of the transferee's or purchaser's | ||||||
11 | Firearm Owner's Identification Card under State and federal | ||||||
12 | law including the National Instant Criminal Background Check | ||||||
13 | System . This subsection shall not be effective until July 1, | ||||||
14 | 2023. Until that date the transferor shall contact the | ||||||
15 | Illinois State Police with the transferee's or purchaser's | ||||||
16 | Firearm Owner's Identification Card number to determine the | ||||||
17 | validity of the card January 1, 2014 . The Illinois State | ||||||
18 | Police may adopt rules concerning the implementation of this | ||||||
19 | subsection. The Illinois State Police shall provide the seller | ||||||
20 | or transferor an approval number if the purchaser's Firearm | ||||||
21 | Owner's Identification Card is valid. Approvals issued by the | ||||||
22 | Illinois State Police for the purchase of a firearm pursuant | ||||||
23 | to this subsection are valid for 30 days from the date of | ||||||
24 | issue. | ||||||
25 | (a-15) The provisions of subsection (a-10) of this Section | ||||||
26 | do not apply to: |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 | ||||||
21 | Internet-based system for individuals to determine the | ||||||
22 | validity of a Firearm Owner's Identification Card prior to the | ||||||
23 | sale or transfer of a firearm. The Illinois State Police shall | ||||||
24 | have the Internet-based system updated completed and available | ||||||
25 | for use by January 1, 2024 July 1, 2015 . The Illinois State | ||||||
26 | Police shall adopt rules not inconsistent with this Section to |
| |||||||
| |||||||
1 | implement this system ; but no rule shall allow the Illinois | ||||||
2 | State Police to retain records in contravention of State and | ||||||
3 | federal law . | ||||||
4 | (a-25) On or before January 1, 2022, the Illinois State | ||||||
5 | Police shall develop an Internet-based system upon which the | ||||||
6 | serial numbers of firearms that have been reported stolen are | ||||||
7 | available for public access for individuals to ensure any | ||||||
8 | firearms are not reported stolen prior to the sale or transfer | ||||||
9 | of a firearm under this Section. The Illinois State Police | ||||||
10 | shall have the Internet-based system completed and available | ||||||
11 | for use by July 1, 2022. The Illinois State Police shall adopt | ||||||
12 | rules not inconsistent with this Section to implement this | ||||||
13 | system. | ||||||
14 | (b) Any person within this State who transfers or causes | ||||||
15 | to be
transferred any firearm, stun gun, or taser shall keep a | ||||||
16 | record of such transfer for a period
of 10 years from the date | ||||||
17 | of transfer. Any person within this State who receives any | ||||||
18 | firearm, stun gun, or taser pursuant to subsection (a-10) | ||||||
19 | shall provide a record of the transfer within 10 days of the | ||||||
20 | transfer to a federally licensed firearm dealer and shall not | ||||||
21 | be required to maintain a transfer record. The federally | ||||||
22 | licensed firearm dealer shall maintain the transfer record for | ||||||
23 | 20 years from the date of receipt. A federally licensed | ||||||
24 | firearm dealer may charge a fee not to exceed $25 to retain the | ||||||
25 | record. The record shall be provided and maintained in either | ||||||
26 | an electronic or paper format. The federally licensed firearm |
| |||||||
| |||||||
1 | dealer shall not be liable for the accuracy of any information | ||||||
2 | in the transfer record submitted pursuant to this Section. | ||||||
3 | Such records record shall contain the date
of the transfer; | ||||||
4 | the description, serial number or other information
| ||||||
5 | identifying the firearm, stun gun, or taser if no serial | ||||||
6 | number is available; and, if the
transfer was completed within | ||||||
7 | this State, the transferee's Firearm Owner's
Identification | ||||||
8 | Card number and any approval number or documentation provided | ||||||
9 | by the Illinois State Police pursuant to subsection (a-10) of | ||||||
10 | this Section; if the transfer was not completed within this | ||||||
11 | State, the record shall contain the name and address of the | ||||||
12 | transferee. On or after January 1, 2006, the record shall | ||||||
13 | contain the date of application for transfer of the firearm. | ||||||
14 | On demand of a peace officer such transferor
shall produce for | ||||||
15 | inspection such record of transfer. For any transfer pursuant | ||||||
16 | to subsection (a-10) of this Section, on the demand of a peace | ||||||
17 | officer, such transferee shall identify the federally licensed | ||||||
18 | firearm dealer maintaining the transfer record. If the | ||||||
19 | transfer or sale took place at a gun show, the record shall | ||||||
20 | include the unique identification number. Failure to record | ||||||
21 | the unique identification number or approval number is a petty | ||||||
22 | offense.
For transfers of a firearm, stun gun, or taser made on | ||||||
23 | or after January 18, 2019 (the effective date of Public Act | ||||||
24 | 100-1178), failure by the private seller to maintain the | ||||||
25 | transfer records in accordance with this Section , or failure | ||||||
26 | by a transferee pursuant to subsection a-10 of this Section to |
| |||||||
| |||||||
1 | identify the federally licensed firearm dealer maintaining the | ||||||
2 | transfer record, is a Class A misdemeanor for the first | ||||||
3 | offense and a Class 4 felony for a second or subsequent offense | ||||||
4 | occurring within 10 years of the first offense and the second | ||||||
5 | offense was committed after conviction of the first offense. | ||||||
6 | Whenever any person who has not previously been convicted of | ||||||
7 | any violation of subsection (a-5), the court may grant | ||||||
8 | supervision pursuant to and consistent with the limitations of | ||||||
9 | Section 5-6-1 of the Unified Code of Corrections . A transferee | ||||||
10 | or transferor shall not be criminally liable under this | ||||||
11 | Section provided that he or she provides the Illinois State | ||||||
12 | Police with the transfer records in accordance with procedures | ||||||
13 | established by the Illinois State Police. The Illinois State | ||||||
14 | Police shall establish, by rule, a standard form on its | ||||||
15 | website. | ||||||
16 | (b-5) Any resident may purchase ammunition from a person | ||||||
17 | within or outside of Illinois if shipment is by United States | ||||||
18 | mail or by a private express carrier authorized by federal law | ||||||
19 | to ship ammunition. Any resident purchasing ammunition within | ||||||
20 | or outside the State of Illinois must provide the seller with a | ||||||
21 | copy of his or her valid Firearm Owner's Identification Card | ||||||
22 | or valid concealed carry license and either his or her | ||||||
23 | Illinois driver's license or Illinois State Identification | ||||||
24 | Card prior to the shipment of the ammunition. The ammunition | ||||||
25 | may be shipped only to an address on either of those 2 | ||||||
26 | documents. |
| |||||||
| |||||||
1 | (c) The provisions of this Section regarding the transfer | ||||||
2 | of firearm
ammunition shall not apply to those persons | ||||||
3 | specified 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 | ||||||
7 | knowingly
transfer, or cause to be transferred, any firearm, | ||||||
8 | firearm ammunition, stun gun, or taser to any person within | ||||||
9 | this State unless the
transferee with whom he deals displays | ||||||
10 | either: (1) a currently valid Firearm Owner's
Identification | ||||||
11 | Card which has previously been issued in his or her name by the
| ||||||
12 | Illinois State Police under the provisions of this Act; or (2) | ||||||
13 | a currently valid license to carry a concealed firearm which | ||||||
14 | has previously been issued in his or her name by the
Illinois | ||||||
15 | State Police under the Firearm Concealed Carry Act. In | ||||||
16 | addition,
all firearm, stun gun, and taser transfers by | ||||||
17 | federally licensed firearm dealers are subject
to Section 3.1. | ||||||
18 | (a-5) Any person who is not a federally licensed firearm | ||||||
19 | dealer and who desires to transfer or sell a firearm while that | ||||||
20 | person is on the grounds of a gun show must, before selling or | ||||||
21 | transferring the firearm, request the Illinois State Police to | ||||||
22 | conduct a background check on the prospective recipient of the | ||||||
23 | firearm in accordance with Section 3.1.
| ||||||
24 | (a-10) Notwithstanding item (2) of subsection (a) of this | ||||||
25 | Section, any person who is not a federally licensed firearm |
| |||||||
| |||||||
1 | dealer and who desires to transfer or sell a firearm or | ||||||
2 | firearms to any person who is not a federally licensed firearm | ||||||
3 | dealer shall, before selling or transferring the firearms, | ||||||
4 | contact a federal firearm license dealer under paragraph (1) | ||||||
5 | of subsection (a-15) of this Section to conduct the transfer | ||||||
6 | or the Illinois State Police with the transferee's or | ||||||
7 | purchaser's Firearm Owner's Identification Card number to | ||||||
8 | determine the validity of the transferee's or purchaser's | ||||||
9 | Firearm Owner's Identification Card under State and federal | ||||||
10 | law, including the National Instant Criminal Background Check | ||||||
11 | System. This subsection shall not be effective until July 1, | ||||||
12 | 2023 January 1, 2024 . Until that date the transferor shall | ||||||
13 | contact the Illinois State Police with the transferee's or | ||||||
14 | purchaser's Firearm Owner's Identification Card number to | ||||||
15 | determine the validity of the card. The Illinois State Police | ||||||
16 | may adopt rules concerning the implementation of this | ||||||
17 | subsection. The Illinois State Police shall provide the seller | ||||||
18 | or transferor an approval number if the purchaser's Firearm | ||||||
19 | Owner's Identification Card is valid. Approvals issued by the | ||||||
20 | Illinois State Police for the purchase of a firearm pursuant | ||||||
21 | to this subsection are valid for 30 days from the date of | ||||||
22 | issue. | ||||||
23 | (a-15) The provisions of subsection (a-10) of this Section | ||||||
24 | do not apply to: | ||||||
25 | (1) transfers that occur at the place of business of a | ||||||
26 | federally licensed firearm dealer, if the federally |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 | ||||||
19 | Internet-based system for individuals to determine the | ||||||
20 | validity of a Firearm Owner's Identification Card prior to the | ||||||
21 | sale or transfer of a firearm. The Illinois State Police shall | ||||||
22 | have the Internet-based system updated and available for use | ||||||
23 | by January 1, 2024. The Illinois State Police shall adopt | ||||||
24 | rules not inconsistent with this Section to implement this | ||||||
25 | system; but no rule shall allow the Illinois State Police to | ||||||
26 | retain records in contravention of State and federal law. |
| |||||||
| |||||||
1 | (a-25) On or before January 1, 2022, the Illinois State | ||||||
2 | Police shall develop an Internet-based system upon which the | ||||||
3 | serial numbers of firearms that have been reported stolen are | ||||||
4 | available for public access for individuals to ensure any | ||||||
5 | firearms are not reported stolen prior to the sale or transfer | ||||||
6 | of a firearm under this Section. The Illinois State Police | ||||||
7 | shall have the Internet-based system completed and available | ||||||
8 | for use by July 1, 2022. The Illinois State Police shall adopt | ||||||
9 | rules not inconsistent with this Section to implement this | ||||||
10 | system. | ||||||
11 | (b) Any person within this State who transfers or causes | ||||||
12 | to be
transferred any firearm, stun gun, or taser shall keep a | ||||||
13 | record of such transfer for a period
of 10 years from the date | ||||||
14 | of transfer. Any person within this State who receives any | ||||||
15 | firearm, stun gun, or taser pursuant to subsection (a-10) | ||||||
16 | shall provide a record of the transfer within 10 days of the | ||||||
17 | transfer to a federally licensed firearm dealer and shall not | ||||||
18 | be required to maintain a transfer record. The federally | ||||||
19 | licensed firearm dealer shall maintain the transfer record for | ||||||
20 | 20 years from the date of receipt. A federally licensed | ||||||
21 | firearm dealer may charge a fee not to exceed $25 to retain the | ||||||
22 | record. The record shall be provided and maintained in either | ||||||
23 | an electronic or paper format. The federally licensed firearm | ||||||
24 | dealer shall not be liable for the accuracy of any information | ||||||
25 | in the transfer record submitted pursuant to this Section. | ||||||
26 | Such records shall contain the date
of the transfer; the |
| |||||||
| |||||||
1 | description, serial number or other information
identifying | ||||||
2 | the firearm, stun gun, or taser if no serial number is | ||||||
3 | available; and, if the
transfer was completed within this | ||||||
4 | State, the transferee's Firearm Owner's
Identification Card | ||||||
5 | number and any approval number or documentation provided by | ||||||
6 | the Illinois State Police pursuant to subsection (a-10) of | ||||||
7 | this Section; if the transfer was not completed within this | ||||||
8 | State, the record shall contain the name and address of the | ||||||
9 | transferee. On or after January 1, 2006, the record shall | ||||||
10 | contain the date of application for transfer of the firearm. | ||||||
11 | On demand of a peace officer such transferor shall produce for | ||||||
12 | inspection such record of transfer. For any transfer pursuant | ||||||
13 | to subsection (a-10) of this Section, on the demand of a peace | ||||||
14 | officer, such transferee shall identify the federally licensed | ||||||
15 | firearm dealer maintaining the transfer record. If the | ||||||
16 | transfer or sale took place at a gun show, the record shall | ||||||
17 | include the unique identification number. Failure to record | ||||||
18 | the unique identification number or approval number is a petty | ||||||
19 | offense.
For transfers of a firearm, stun gun, or taser made on | ||||||
20 | or after January 18, 2019 (the effective date of Public Act | ||||||
21 | 100-1178), failure by the private seller to maintain the | ||||||
22 | transfer records in accordance with this Section, or failure | ||||||
23 | by a transferee pursuant to subsection a-10 of this Section to | ||||||
24 | identify the federally licensed firearm dealer maintaining the | ||||||
25 | transfer record, is a Class A misdemeanor for the first | ||||||
26 | offense and a Class 4 felony for a second or subsequent offense |
| |||||||
| |||||||
1 | occurring within 10 years of the first offense and the second | ||||||
2 | offense was committed after conviction of the first offense. | ||||||
3 | Whenever any person who has not previously been convicted of | ||||||
4 | any violation of subsection (a-5), the court may grant | ||||||
5 | supervision pursuant to and consistent with the limitations of | ||||||
6 | Section 5-6-1 of the Unified Code of Corrections. A transferee | ||||||
7 | or transferor shall not be criminally liable under this | ||||||
8 | Section provided that he or she provides the Illinois State | ||||||
9 | Police with the transfer records in accordance with procedures | ||||||
10 | established by the Illinois State Police. The Illinois State | ||||||
11 | Police shall establish, by rule, a standard form on its | ||||||
12 | website. | ||||||
13 | (b-5) Any resident may purchase ammunition from a person | ||||||
14 | within or outside of Illinois if shipment is by United States | ||||||
15 | mail or by a private express carrier authorized by federal law | ||||||
16 | to ship ammunition. Any resident purchasing ammunition within | ||||||
17 | or outside the State of Illinois must provide the seller with a | ||||||
18 | copy of his or her valid Firearm Owner's Identification Card | ||||||
19 | or valid concealed carry license and either his or her | ||||||
20 | Illinois driver's license or Illinois State Identification | ||||||
21 | Card prior to the shipment of the ammunition. The ammunition | ||||||
22 | may be shipped only to an address on either of those 2 | ||||||
23 | documents. | ||||||
24 | (c) The provisions of this Section regarding the transfer | ||||||
25 | of firearm
ammunition shall not apply to those persons | ||||||
26 | specified in paragraph (b) of
Section 2 of this Act. |
| |||||||
| |||||||
1 | (Source: P.A. 102-237, eff. 1-1-24; 102-538, eff. 8-20-21; | ||||||
2 | 102-813, 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 | ||||||
6 | knowingly
transfer, or cause to be transferred, any firearm, | ||||||
7 | firearm ammunition, stun gun, or taser to any person within | ||||||
8 | this State unless the
transferee with whom he deals displays | ||||||
9 | either: (1) a currently valid Firearm Owner's
Identification | ||||||
10 | Card which has previously been issued in his or her name by the
| ||||||
11 | Illinois State Police under the provisions of this Act; or (2) | ||||||
12 | a currently valid license to carry a concealed firearm which | ||||||
13 | has previously been issued in his or her name by the
Illinois | ||||||
14 | State Police under the Firearm Concealed Carry Act. In | ||||||
15 | addition,
all firearm, stun gun, and taser transfers by | ||||||
16 | federally licensed firearm dealers are subject
to Section 3.1. | ||||||
17 | (a-5) Any person who is not a federally licensed firearm | ||||||
18 | dealer and who desires to transfer or sell a firearm while that | ||||||
19 | person is on the grounds of a gun show must, before selling or | ||||||
20 | transferring the firearm, request the Illinois State Police to | ||||||
21 | conduct a background check on the prospective recipient of the | ||||||
22 | firearm in accordance with Section 3.1.
| ||||||
23 | (a-10) Notwithstanding item (2) of subsection (a) of this | ||||||
24 | Section, any person who is not a federally licensed firearm | ||||||
25 | dealer and who desires to transfer or sell a firearm or |
| |||||||
| |||||||
1 | firearms to any person who is not a federally licensed firearm | ||||||
2 | dealer shall, before selling or transferring the firearms, | ||||||
3 | contact the Illinois State Police with the transferee's or | ||||||
4 | purchaser's Firearm Owner's Identification Card number to | ||||||
5 | determine the validity of the transferee's or purchaser's | ||||||
6 | Firearm Owner's Identification Card. This subsection shall not | ||||||
7 | be effective until January 1, 2014. The Illinois State Police | ||||||
8 | may adopt rules concerning the implementation of this | ||||||
9 | subsection. The Illinois State Police shall provide the seller | ||||||
10 | or transferor an approval number if the purchaser's Firearm | ||||||
11 | Owner's Identification Card is valid. Approvals issued by the | ||||||
12 | Illinois State Police for the purchase of a firearm pursuant | ||||||
13 | to this subsection are valid for 30 days from the date of | ||||||
14 | issue. | ||||||
15 | (a-15) The provisions of subsection (a-10) of this Section | ||||||
16 | do 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 |
| |||||||
| |||||||
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; |
| |||||||
| |||||||
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 | ||||||
11 | Internet-based system for individuals to determine the | ||||||
12 | validity of a Firearm Owner's Identification Card prior to the | ||||||
13 | sale or transfer of a firearm. The Illinois State Police shall | ||||||
14 | have the Internet-based system completed and available for use | ||||||
15 | by July 1, 2015. The Illinois State Police shall adopt rules | ||||||
16 | not inconsistent with this Section to implement this system. | ||||||
17 | (b) Any person within this State who transfers or causes | ||||||
18 | to be
transferred any firearm, stun gun, or taser shall keep a | ||||||
19 | record of such transfer for a period
of 10 years from the date | ||||||
20 | of transfer. Such record shall contain the date
of the | ||||||
21 | transfer; the description, serial number or other information
| ||||||
22 | identifying the firearm, stun gun, or taser if no serial | ||||||
23 | number is available; and, if the
transfer was completed within | ||||||
24 | this State, the transferee's Firearm Owner's
Identification | ||||||
25 | Card number and any approval number or documentation provided | ||||||
26 | by the Illinois State Police pursuant to subsection (a-10) of |
| |||||||
| |||||||
1 | this Section; if the transfer was not completed within this | ||||||
2 | State, the record shall contain the name and address of the | ||||||
3 | transferee. On or after January 1, 2006, the record shall | ||||||
4 | contain the date of application for transfer of the firearm. | ||||||
5 | On demand of a peace officer such transferor
shall produce for | ||||||
6 | inspection such record of transfer. If the transfer or sale | ||||||
7 | took place at a gun show, the record shall include the unique | ||||||
8 | identification number. Failure to record the unique | ||||||
9 | identification number or approval number is a petty offense.
| ||||||
10 | For transfers of a firearm, stun gun, or taser made on or after | ||||||
11 | January 18, 2019 (the effective date of Public Act 100-1178), | ||||||
12 | failure by the private seller to maintain the transfer records | ||||||
13 | in accordance with this Section is a Class A misdemeanor for | ||||||
14 | the first offense and a Class 4 felony for a second or | ||||||
15 | subsequent offense. A transferee shall not be criminally | ||||||
16 | liable under this Section provided that he or she provides the | ||||||
17 | Illinois State Police with the transfer records in accordance | ||||||
18 | with procedures established by the Illinois State Police. The | ||||||
19 | Illinois State Police shall establish, by rule, a standard | ||||||
20 | form on its website. | ||||||
21 | (b-5) Any resident may purchase ammunition from a person | ||||||
22 | within or outside of Illinois if shipment is by United States | ||||||
23 | mail or by a private express carrier authorized by federal law | ||||||
24 | to ship ammunition. Any resident purchasing ammunition within | ||||||
25 | or outside the State of Illinois must provide the seller with a | ||||||
26 | copy of his or her valid Firearm Owner's Identification Card |
| |||||||
| |||||||
1 | or valid concealed carry license and either his or her | ||||||
2 | Illinois driver's license or Illinois State Identification | ||||||
3 | Card prior to the shipment of the ammunition. The ammunition | ||||||
4 | may be shipped only to an address on either of those 2 | ||||||
5 | documents. | ||||||
6 | (c) The provisions of this Section regarding the transfer | ||||||
7 | of firearm
ammunition shall not apply to those persons | ||||||
8 | specified 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 | ||||||
12 | knowingly
transfer, or cause to be transferred, any firearm, | ||||||
13 | firearm ammunition, stun gun, or taser to any person within | ||||||
14 | this State unless the
transferee with whom he deals displays | ||||||
15 | either: (1) a currently valid Firearm Owner's
Identification | ||||||
16 | Card which has previously been issued in his or her name by the
| ||||||
17 | Illinois State Police under the provisions of this Act; or (2) | ||||||
18 | a currently valid license to carry a concealed firearm which | ||||||
19 | has previously been issued in his or her name by the
Illinois | ||||||
20 | State Police under the Firearm Concealed Carry Act. In | ||||||
21 | addition,
all firearm, stun gun, and taser transfers by | ||||||
22 | federally licensed firearm dealers are subject
to Section 3.1. | ||||||
23 | (a-5) Any person who is not a federally licensed firearm | ||||||
24 | dealer and who desires to transfer or sell a firearm while that | ||||||
25 | person is on the grounds of a gun show must, before selling or |
| |||||||
| |||||||
1 | transferring the firearm, request the Illinois State Police to | ||||||
2 | conduct a background check on the prospective recipient of the | ||||||
3 | firearm in accordance with Section 3.1.
| ||||||
4 | (a-10) Notwithstanding item (2) of subsection (a) of this | ||||||
5 | Section, any person who is not a federally licensed firearm | ||||||
6 | dealer and who desires to transfer or sell a firearm or | ||||||
7 | firearms to any person who is not a federally licensed firearm | ||||||
8 | dealer shall, before selling or transferring the firearms, | ||||||
9 | contact a federal firearm license dealer under paragraph (1) | ||||||
10 | of subsection (a-15) of this Section to conduct the transfer | ||||||
11 | or the Illinois State Police with the transferee's or | ||||||
12 | purchaser's Firearm Owner's Identification Card number to | ||||||
13 | determine the validity of the transferee's or purchaser's | ||||||
14 | Firearm Owner's Identification Card under State and federal | ||||||
15 | law, including the National Instant Criminal Background Check | ||||||
16 | System. This subsection shall not be effective until January | ||||||
17 | 1, 2024. Until that date the transferor shall contact the | ||||||
18 | Illinois State Police with the transferee's or purchaser's | ||||||
19 | Firearm Owner's Identification Card number to determine the | ||||||
20 | validity of the card. The Illinois State Police may adopt | ||||||
21 | rules concerning the implementation of this subsection. The | ||||||
22 | Illinois State Police shall provide the seller or transferor | ||||||
23 | an approval number if the purchaser's Firearm Owner's | ||||||
24 | Identification Card is valid. Approvals issued by the Illinois | ||||||
25 | State Police for the purchase of a firearm pursuant to this | ||||||
26 | subsection are valid for 30 days from the date of issue. |
| |||||||
| |||||||
1 | (a-15) The provisions of subsection (a-10) of this Section | ||||||
2 | do 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; |
| |||||||
| |||||||
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 | ||||||
23 | Internet-based system for individuals to determine the | ||||||
24 | validity of a Firearm Owner's Identification Card prior to the | ||||||
25 | sale or transfer of a firearm. The Illinois State Police shall | ||||||
26 | have the Internet-based system updated and available for use |
| |||||||
| |||||||
1 | by January 1, 2024. The Illinois State Police shall adopt | ||||||
2 | rules not inconsistent with this Section to implement this | ||||||
3 | system; but no rule shall allow the Illinois State Police to | ||||||
4 | retain records in contravention of State and federal law. | ||||||
5 | (a-25) On or before January 1, 2022, the Illinois State | ||||||
6 | Police shall develop an Internet-based system upon which the | ||||||
7 | serial numbers of firearms that have been reported stolen are | ||||||
8 | available for public access for individuals to ensure any | ||||||
9 | firearms are not reported stolen prior to the sale or transfer | ||||||
10 | of a firearm under this Section. The Illinois State Police | ||||||
11 | shall have the Internet-based system completed and available | ||||||
12 | for use by July 1, 2022. The Illinois State Police shall adopt | ||||||
13 | rules not inconsistent with this Section to implement this | ||||||
14 | system. | ||||||
15 | (b) Any person within this State who transfers or causes | ||||||
16 | to be
transferred any firearm, stun gun, or taser shall keep a | ||||||
17 | record of such transfer for a period
of 10 years from the date | ||||||
18 | of transfer. Any person within this State who receives any | ||||||
19 | firearm, stun gun, or taser pursuant to subsection (a-10) | ||||||
20 | shall provide a record of the transfer within 10 days of the | ||||||
21 | transfer to a federally licensed firearm dealer and shall not | ||||||
22 | be required to maintain a transfer record. The federally | ||||||
23 | licensed firearm dealer shall maintain the transfer record for | ||||||
24 | 20 years from the date of receipt. A federally licensed | ||||||
25 | firearm dealer may charge a fee not to exceed $25 to retain the | ||||||
26 | record. The record shall be provided and maintained in either |
| |||||||
| |||||||
1 | an electronic or paper format. The federally licensed firearm | ||||||
2 | dealer shall not be liable for the accuracy of any information | ||||||
3 | in the transfer record submitted pursuant to this Section. | ||||||
4 | Such records shall contain the date
of the transfer; the | ||||||
5 | description, serial number or other information
identifying | ||||||
6 | the firearm, stun gun, or taser if no serial number is | ||||||
7 | available; and, if the
transfer was completed within this | ||||||
8 | State, the transferee's Firearm Owner's
Identification Card | ||||||
9 | number and any approval number or documentation provided by | ||||||
10 | the Illinois State Police pursuant to subsection (a-10) of | ||||||
11 | this Section; if the transfer was not completed within this | ||||||
12 | State, the record shall contain the name and address of the | ||||||
13 | transferee. On or after January 1, 2006, the record shall | ||||||
14 | contain the date of application for transfer of the firearm. | ||||||
15 | On demand of a peace officer such transferor shall produce for | ||||||
16 | inspection such record of transfer. For any transfer pursuant | ||||||
17 | to subsection (a-10) of this Section, on the demand of a peace | ||||||
18 | officer, such transferee shall identify the federally licensed | ||||||
19 | firearm dealer maintaining the transfer record. If the | ||||||
20 | transfer or sale took place at a gun show, the record shall | ||||||
21 | include the unique identification number. Failure to record | ||||||
22 | the unique identification number or approval number is a petty | ||||||
23 | offense.
For transfers of a firearm, stun gun, or taser made on | ||||||
24 | or after January 18, 2019 (the effective date of Public Act | ||||||
25 | 100-1178), failure by the private seller to maintain the | ||||||
26 | transfer records in accordance with this Section, or failure |
| |||||||
| |||||||
1 | by a transferee pursuant to subsection a-10 of this Section to | ||||||
2 | identify the federally licensed firearm dealer maintaining the | ||||||
3 | transfer record, is a Class A misdemeanor for the first | ||||||
4 | offense and a Class 4 felony for a second or subsequent offense | ||||||
5 | occurring within 10 years of the first offense and the second | ||||||
6 | offense was committed after conviction of the first offense. | ||||||
7 | Whenever any person who has not previously been convicted of | ||||||
8 | any violation of subsection (a-5), the court may grant | ||||||
9 | supervision pursuant to and consistent with the limitations of | ||||||
10 | Section 5-6-1 of the Unified Code of Corrections. A transferee | ||||||
11 | or transferor shall not be criminally liable under this | ||||||
12 | Section provided that he or she provides the Illinois State | ||||||
13 | Police with the transfer records in accordance with procedures | ||||||
14 | established by the Illinois State Police. The Illinois State | ||||||
15 | Police shall establish, by rule, a standard form on its | ||||||
16 | website. | ||||||
17 | (b-5) Any resident may purchase ammunition from a person | ||||||
18 | within or outside of Illinois if shipment is by United States | ||||||
19 | mail or by a private express carrier authorized by federal law | ||||||
20 | to ship ammunition. Any resident purchasing ammunition within | ||||||
21 | or outside the State of Illinois must provide the seller with a | ||||||
22 | copy of his or her valid Firearm Owner's Identification Card | ||||||
23 | or valid concealed carry license and either his or her | ||||||
24 | Illinois driver's license or Illinois State Identification | ||||||
25 | Card prior to the shipment of the ammunition. The ammunition | ||||||
26 | may be shipped only to an address on either of those 2 |
| |||||||
| |||||||
1 | documents. | ||||||
2 | (c) The provisions of this Section regarding the transfer | ||||||
3 | of firearm
ammunition shall not apply to those persons | ||||||
4 | specified 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; | ||||||
6 | 102-813, eff. 5-13-22.)
| ||||||
7 | (430 ILCS 65/4) (from Ch. 38, par. 83-4)
| ||||||
8 | Sec. 4. Application for Firearm Owner's Identification | ||||||
9 | Cards. | ||||||
10 | (a) Each applicant for a Firearm Owner's Identification | ||||||
11 | Card 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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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
|
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 | ||||||
18 | Card who is over
the age of 18 shall furnish to the Illinois | ||||||
19 | State Police either his or
her Illinois driver's license | ||||||
20 | number or Illinois Identification Card number, except as
| ||||||
21 | provided in subsection (a-10).
| ||||||
22 | (a-10) Each applicant for a Firearm Owner's Identification | ||||||
23 | Card,
who is employed as a law enforcement officer, an armed | ||||||
24 | security officer in Illinois, or by the United States Military
| ||||||
25 | permanently assigned in Illinois and who is not an Illinois | ||||||
26 | resident, shall furnish to
the Illinois State Police his or |
| |||||||
| |||||||
1 | her driver's license number or state
identification card | ||||||
2 | number from his or her state of residence. The Illinois State | ||||||
3 | Police may adopt rules to enforce the provisions of this
| ||||||
4 | subsection (a-10).
| ||||||
5 | (a-15) If an applicant applying for a Firearm Owner's | ||||||
6 | Identification Card moves from the residence address named in | ||||||
7 | the application, he or she shall immediately notify in a form | ||||||
8 | and manner prescribed by the Illinois State Police of that | ||||||
9 | change of address. | ||||||
10 | (a-20) Each applicant for a Firearm Owner's Identification | ||||||
11 | Card shall furnish to the Illinois State Police his or her | ||||||
12 | photograph. An applicant who is 21 years of age or older | ||||||
13 | seeking a religious exemption to the photograph requirement | ||||||
14 | must furnish with the application an approved copy of United | ||||||
15 | States Department of the Treasury Internal Revenue Service | ||||||
16 | Form 4029. In lieu of a photograph, an applicant regardless of | ||||||
17 | age seeking a religious exemption to the photograph | ||||||
18 | requirement shall submit fingerprints on a form and manner | ||||||
19 | prescribed by the Illinois State Police with his or her | ||||||
20 | application. | ||||||
21 | (a-25) Beginning January 1, 2023, each applicant for the | ||||||
22 | issuance of a Firearm Owner's Identification Card may include | ||||||
23 | a full set of his or her fingerprints in electronic format to | ||||||
24 | the Illinois State Police, unless the applicant has previously | ||||||
25 | provided a full set of his or her fingerprints to the Illinois | ||||||
26 | State Police under this Act or the Firearm Concealed Carry |
| |||||||
| |||||||
1 | Act. | ||||||
2 | The fingerprints must be transmitted through a live scan | ||||||
3 | fingerprint vendor licensed by the Department of Financial and | ||||||
4 | Professional Regulation. The fingerprints shall be checked | ||||||
5 | against the fingerprint records now and hereafter filed in the | ||||||
6 | Illinois State Police and Federal Bureau of Investigation | ||||||
7 | criminal history records databases, including all available | ||||||
8 | State and local criminal history record information files. | ||||||
9 | The Illinois State Police shall charge applicants a | ||||||
10 | one-time fee for conducting the criminal history record check, | ||||||
11 | which shall be deposited into the State Police Services Fund | ||||||
12 | and shall not exceed the actual cost of the State and national | ||||||
13 | criminal history record check. | ||||||
14 | (a-26) The Illinois State Police shall research, explore, | ||||||
15 | and report to the General Assembly by January 1, 2022 on the | ||||||
16 | feasibility of permitting voluntarily submitted fingerprints | ||||||
17 | obtained for purposes other than Firearm Owner's | ||||||
18 | Identification Card enforcement that are contained in the | ||||||
19 | Illinois State Police database for purposes of this Act. | ||||||
20 | (b) Each application form shall include the following | ||||||
21 | statement printed in
bold type: "Warning: Entering false | ||||||
22 | information on an application for a Firearm
Owner's | ||||||
23 | Identification Card is punishable as a Class 2 felony in | ||||||
24 | accordance
with subsection (d-5) of Section 14 of the Firearm | ||||||
25 | Owners Identification Card
Act.".
| ||||||
26 | (c) Upon such written consent, pursuant to Section 4, |
| |||||||
| |||||||
1 | paragraph (a)(2)(i),
the parent or legal guardian giving the | ||||||
2 | consent shall be liable for any
damages resulting from the | ||||||
3 | applicant's use of firearms or firearm ammunition.
| ||||||
4 | (Source: P.A. 101-80, eff. 7-12-19; 102-237, eff. 1-1-22; | ||||||
5 | 102-538, eff. 8-20-21; 102-813, eff. 5-13-22; 102-1030, eff. | ||||||
6 | 5-27-22.)
| ||||||
7 | (430 ILCS 65/4.1 new) | ||||||
8 | Sec. 4.1. Assault weapon, .50 caliber rifle, assault | ||||||
9 | weapon attachment, or .50 caliber cartridge endorsement. | ||||||
10 | (a) The endorsement affidavit form completed pursuant to | ||||||
11 | Section 24-1.9 of the Criminal Code of 2012 must be executed | ||||||
12 | electronically through the individual's Firearm Owner's | ||||||
13 | Identification Card account. | ||||||
14 | (b) The Illinois State Police shall adopt rules in | ||||||
15 | accordance with this Section for the electronic submission of | ||||||
16 | an endorsement affidavit. | ||||||
17 | (c) Entering false information on the endorsement | ||||||
18 | affidavit form is a violation of this Act and is also | ||||||
19 | punishable as perjury under Section 32-2 of the Criminal Code | ||||||
20 | of 2012.
| ||||||
21 | (430 ILCS 65/8) (from Ch. 38, par. 83-8)
| ||||||
22 | Sec. 8. Grounds for denial and revocation. The Illinois | ||||||
23 | State Police has authority to deny an
application for or to | ||||||
24 | revoke and seize a Firearm Owner's Identification
Card |
| |||||||
| |||||||
1 | previously issued under this Act only if the Illinois State | ||||||
2 | Police finds that the
applicant or the person to whom such card | ||||||
3 | was 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;
|
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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);
|
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 | ||||||
16 | Identification Card, the Illinois State Police shall provide | ||||||
17 | notice to the person and the person shall comply with Section | ||||||
18 | 9.5 of this Act. | ||||||
19 | (Source: P.A. 101-80, eff. 7-12-19; 102-538, eff. 8-20-21; | ||||||
20 | 102-645, eff. 1-1-22; 102-813, eff. 5-13-22; 102-1030, eff. | ||||||
21 | 5-27-22.)
| ||||||
22 | Section 15. The Firearms Restraining Order Act is amended | ||||||
23 | by changing Sections 40, 45, and 55 as follows:
| ||||||
24 | (430 ILCS 67/40)
|
| |||||||
| |||||||
1 | Sec. 40. Plenary Six-month orders.
| ||||||
2 | (a) A petitioner may request a 6-month firearms | ||||||
3 | restraining order for up to one year by filing an affidavit or | ||||||
4 | verified pleading alleging that the respondent poses a | ||||||
5 | significant danger of causing personal injury to himself, | ||||||
6 | herself, or another in the near future by having in his or her | ||||||
7 | custody or control, purchasing, possessing, or receiving a | ||||||
8 | firearm, ammunition, and firearm parts that could
be assembled | ||||||
9 | to make an operable firearm. The petition shall also describe | ||||||
10 | the number, types, and locations of any firearms, ammunition, | ||||||
11 | and firearm parts that could
be assembled to make an operable | ||||||
12 | firearm presently believed by the petitioner to be possessed | ||||||
13 | or controlled by the respondent.
The firearms restraining | ||||||
14 | order may be renewed for an additional period of up to one year | ||||||
15 | in accordance with Section 45 of this Act. | ||||||
16 | (b) If the respondent is alleged to pose a significant | ||||||
17 | danger of causing personal injury to an intimate partner, or | ||||||
18 | an intimate partner is alleged to have been the target of a | ||||||
19 | threat or act of violence by the respondent, the petitioner | ||||||
20 | shall make a good faith effort to provide notice to any and all | ||||||
21 | intimate partners of the respondent. The notice must include | ||||||
22 | the duration of time that the petitioner intends to petition | ||||||
23 | the court for a 6-month firearms restraining order, and, if | ||||||
24 | the petitioner is a law enforcement officer, referral to | ||||||
25 | relevant domestic violence or stalking advocacy or counseling | ||||||
26 | resources, if appropriate. The petitioner shall attest to |
| |||||||
| |||||||
1 | having provided the notice in the filed affidavit or verified | ||||||
2 | pleading. If, after making a good faith effort, the petitioner | ||||||
3 | is unable to provide notice to any or all intimate partners, | ||||||
4 | the affidavit or verified pleading should describe what | ||||||
5 | efforts were made. | ||||||
6 | (c) Every person who files a petition for a plenary | ||||||
7 | 6-month firearms restraining order, knowing the information | ||||||
8 | provided to the court at any hearing or in the affidavit or | ||||||
9 | verified pleading to be false, is guilty of perjury under | ||||||
10 | Section 32-2 of the Criminal Code of 2012.
| ||||||
11 | (d) Upon receipt of a petition for a plenary 6-month | ||||||
12 | firearms restraining order, the court shall order a hearing | ||||||
13 | within 30 days.
| ||||||
14 | (e) In determining whether to issue a firearms restraining | ||||||
15 | order under this Section, the court shall consider evidence | ||||||
16 | including, 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 |
| |||||||
| |||||||
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 | ||||||
17 | of proving, by clear and convincing evidence, that the | ||||||
18 | respondent poses a significant danger of personal injury to | ||||||
19 | himself, herself, or another by having in his or her custody or | ||||||
20 | control, purchasing, possessing, or receiving a firearm, | ||||||
21 | ammunition, and firearm parts that could be assembled to make | ||||||
22 | an operable firearm. | ||||||
23 | (g) If the court finds that there is clear and convincing | ||||||
24 | evidence to issue a plenary firearms restraining order, the | ||||||
25 | court shall issue a firearms restraining order that shall be | ||||||
26 | in effect for up to one year, but not less than 6 months, 6 |
| |||||||
| |||||||
1 | months subject to renewal under Section 45 of this Act or | ||||||
2 | termination under that Section. | ||||||
3 | (g-5) If the court issues a plenary 6-month firearms | ||||||
4 | restraining order, it shall, upon a finding of probable cause | ||||||
5 | that the respondent possesses firearms, ammunition, and | ||||||
6 | firearm parts that could
be assembled to make an operable | ||||||
7 | firearm, issue a search warrant directing a law enforcement | ||||||
8 | agency to seize the respondent's firearms, ammunition, and | ||||||
9 | firearm parts that could
be assembled to make an operable | ||||||
10 | firearm. The court may, as part of that warrant, direct the law | ||||||
11 | enforcement agency to search the respondent's residence and | ||||||
12 | other places where the court finds there is probable cause to | ||||||
13 | believe he or she is likely to possess the firearms, | ||||||
14 | ammunition, and firearm parts that could
be assembled to make | ||||||
15 | an operable firearm. A return of the search warrant shall be | ||||||
16 | filed by the law enforcement agency within 4 days thereafter, | ||||||
17 | setting forth the time, date, and location that the search | ||||||
18 | warrant was executed and what items, if any, were seized. | ||||||
19 | (h) A plenary 6-month firearms restraining order shall | ||||||
20 | require: | ||||||
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 |
| |||||||
| |||||||
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 | ||||||
5 | this Section, upon expiration of the period of safekeeping, if | ||||||
6 | the firearms, ammunition, and firearm parts that could
be | ||||||
7 | assembled to make an operable firearm or Firearm Owner's | ||||||
8 | Identification Card cannot be returned to the respondent | ||||||
9 | because the respondent cannot be located, fails to respond to | ||||||
10 | requests to retrieve the firearms, ammunition, and firearm | ||||||
11 | parts that could
be assembled to make an operable firearm, or | ||||||
12 | is not lawfully eligible to possess a firearm, ammunition, and | ||||||
13 | firearm parts that could
be assembled to make an operable | ||||||
14 | firearm, upon petition from the local law enforcement agency, | ||||||
15 | the court may order the local law enforcement agency to | ||||||
16 | destroy the firearms, ammunition, and firearm parts that could | ||||||
17 | be assembled to make an operable firearm, use the firearms, | ||||||
18 | ammunition, and firearm parts that could
be assembled to make | ||||||
19 | an operable firearm for training purposes, or use the | ||||||
20 | firearms, ammunition, and firearm parts that could
be | ||||||
21 | assembled to make an operable firearm for any other | ||||||
22 | application as deemed appropriate by the local law enforcement | ||||||
23 | agency. | ||||||
24 | (i-5) A respondent whose Firearm Owner's Identification | ||||||
25 | Card has been revoked or suspended may petition the court, if | ||||||
26 | the petitioner is present in court or has notice of the |
| |||||||
| |||||||
1 | respondent's petition, to transfer the respondent's firearm, | ||||||
2 | ammunition, and firearm parts that could
be assembled to make | ||||||
3 | an operable firearm to a person who is lawfully able to possess | ||||||
4 | the firearm, ammunition, and firearm parts that could
be | ||||||
5 | assembled to make an operable firearm if the person does not | ||||||
6 | reside at the same address as the respondent. Notice of the | ||||||
7 | petition shall be served upon the person protected by the | ||||||
8 | emergency firearms restraining order. While the order is in | ||||||
9 | effect, the transferee who receives the respondent's firearms, | ||||||
10 | ammunition, and firearm parts that could be assembled to make | ||||||
11 | an operable firearm must swear or affirm by affidavit that he | ||||||
12 | or she shall not transfer the firearm, ammunition, and firearm | ||||||
13 | parts that could
be assembled to make an operable firearm to | ||||||
14 | the respondent or to anyone residing in the same residence as | ||||||
15 | the respondent. | ||||||
16 | (i-6) If a person other than the respondent claims title | ||||||
17 | to any firearms, ammunition, and firearm parts that could
be | ||||||
18 | assembled to make an operable firearm surrendered under this | ||||||
19 | Section, he or she may petition the court, if the petitioner is | ||||||
20 | present in court or has notice of the petition, to have the | ||||||
21 | firearm, ammunition, and firearm parts that could be assembled | ||||||
22 | to make an operable firearm returned to him or her. If the | ||||||
23 | court determines that person to be the lawful owner of the | ||||||
24 | firearm, ammunition, and firearm parts that could be assembled | ||||||
25 | to make an operable firearm, the firearm, ammunition, and | ||||||
26 | firearm parts that could
be assembled to make an operable |
| |||||||
| |||||||
1 | firearm 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 | ||||||
15 | firearm, ammunition, and firearm parts that could
be assembled | ||||||
16 | to make an operable firearm must swear or affirm by affidavit | ||||||
17 | that he or she: (i) is the lawful owner of the firearm, | ||||||
18 | ammunition, and firearm parts that could be assembled to make | ||||||
19 | an operable firearm; (ii) shall not transfer the firearm, | ||||||
20 | ammunition, and firearm parts that could
be assembled to make | ||||||
21 | an operable firearm to the respondent; and (iii) will store | ||||||
22 | the firearm, ammunition, and firearm parts that could be | ||||||
23 | assembled to make an operable firearm in a manner that the | ||||||
24 | respondent does not have access to or control of the firearm, | ||||||
25 | ammunition, and firearm parts that could
be assembled to make | ||||||
26 | an operable firearm. |
| |||||||
| |||||||
1 | (j) If the court does not issue a firearms restraining | ||||||
2 | order at the hearing, the court shall dissolve any emergency | ||||||
3 | firearms restraining order then in effect. | ||||||
4 | (k) When the court issues a firearms restraining order | ||||||
5 | under this Section, the court shall inform the respondent that | ||||||
6 | he or she is entitled to one hearing during the period of the | ||||||
7 | order to request a termination of the order, under Section 45 | ||||||
8 | of this Act, and shall provide the respondent with a form to | ||||||
9 | request a hearing.
| ||||||
10 | (Source: P.A. 101-81, eff. 7-12-19; 102-237, eff. 1-1-22; | ||||||
11 | 102-345, eff. 6-1-22; 102-538, eff. 8-20-21; 102-813, eff. | ||||||
12 | 5-13-22.) | ||||||
13 | (430 ILCS 67/45) | ||||||
14 | Sec. 45. Termination and renewal.
| ||||||
15 | (a) A person subject to a firearms restraining order | ||||||
16 | issued under this Act may submit one written request at any | ||||||
17 | time during the effective period of the order for a hearing to | ||||||
18 | terminate 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. |
| |||||||
| |||||||
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 | ||||||
5 | restraining order at any time within the 3 months before the | ||||||
6 | expiration 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, |
| |||||||
| |||||||
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 | ||||||
13 | Police, daily, in the form and detail the Illinois State | ||||||
14 | Police Department requires, copies of any recorded firearms | ||||||
15 | restraining orders issued by the court, and any foreign orders | ||||||
16 | of protection filed by the clerk of the court, and transmitted | ||||||
17 | to the sheriff by the clerk of the court under Section 50. Each | ||||||
18 | firearms restraining order shall be entered in the Law | ||||||
19 | Enforcement Agencies Data System (LEADS) on the same day it is | ||||||
20 | issued by the court. If an emergency firearms restraining | ||||||
21 | order was issued in accordance with Section 35 of this Act, the | ||||||
22 | order shall be entered in the Law Enforcement Agencies Data | ||||||
23 | System (LEADS) as soon as possible after receipt from the | ||||||
24 | clerk. | ||||||
25 | (b) The Illinois State Police shall maintain a complete |
| |||||||
| |||||||
1 | and systematic record and index of all valid and recorded | ||||||
2 | firearms restraining orders issued or filed under this Act. | ||||||
3 | The data shall be used to inform all dispatchers and law | ||||||
4 | enforcement officers at the scene of a violation of a firearms | ||||||
5 | restraining order of the effective dates and terms of any | ||||||
6 | recorded order of protection.
| ||||||
7 | (c) The data, records, and transmittals required under | ||||||
8 | this Section shall pertain to any valid emergency or plenary | ||||||
9 | 6-month firearms restraining order, whether issued in a civil | ||||||
10 | or criminal proceeding or authorized under the laws of another | ||||||
11 | state, 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 | ||||||
14 | changing Section 24-1 and by adding Sections 24-1.9 and | ||||||
15 | 24-1.10 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 | ||||||
19 | weapons 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 |
| |||||||
| |||||||
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
|
| |||||||
| |||||||
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, |
| |||||||
| |||||||
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.
|
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 | ||||||
22 | subsection 24-1(a)(1)
through (5), subsection 24-1(a)(10),
| ||||||
23 | subsection 24-1(a)(11), or subsection 24-1(a)(13) commits a | ||||||
24 | Class A
misdemeanor.
A person convicted of a violation of | ||||||
25 | subsection
24-1(a)(8) or 24-1(a)(9) commits a
Class 4 felony; | ||||||
26 | a person
convicted of a violation of subsection 24-1(a)(6) or |
| |||||||
| |||||||
1 | 24-1(a)(7)(ii) or (iii)
commits a Class 3 felony. A person | ||||||
2 | convicted of a violation of subsection
24-1(a)(7)(i) commits a | ||||||
3 | Class 2 felony and shall be sentenced to a term of imprisonment | ||||||
4 | of not less than 3 years and not more than 7 years, unless the | ||||||
5 | weapon is possessed in the
passenger compartment of a motor | ||||||
6 | vehicle as defined in Section 1-146 of the
Illinois Vehicle | ||||||
7 | Code, or on the person, while the weapon is loaded, in which
| ||||||
8 | case it shall be a Class X felony. A person convicted of a
| ||||||
9 | second or subsequent violation of subsection 24-1(a)(4), | ||||||
10 | 24-1(a)(8),
24-1(a)(9), or
24-1(a)(10) commits a Class 3 | ||||||
11 | felony. A person convicted of a violation of subsection | ||||||
12 | 24-1(a)(2.5) or 24-1(a)(14) commits a Class 2 felony. The | ||||||
13 | possession of each weapon or device in violation of this | ||||||
14 | Section 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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 | ||||||
5 | omnibus of any
weapon, instrument or substance referred to in | ||||||
6 | subsection (a)(7) is
prima facie evidence that it is in the | ||||||
7 | possession of, and is being
carried by, all persons occupying | ||||||
8 | such automobile at the time such
weapon, instrument or | ||||||
9 | substance is found, except under the following
circumstances: | ||||||
10 | (i) if such weapon, instrument or instrumentality is
found | ||||||
11 | upon the person of one of the occupants therein; or (ii) if | ||||||
12 | such
weapon, instrument or substance is found in an automobile | ||||||
13 | operated for
hire by a duly licensed driver in the due, lawful | ||||||
14 | and proper pursuit of
his or her trade, then such presumption | ||||||
15 | shall 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 |
| |||||||
| |||||||
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 | ||||||
9 | purchase of assault weapons, .50 caliber rifles, and .50 | ||||||
10 | caliber cartridges. | ||||||
11 | (a) Definitions. In this Section: | ||||||
12 | (1) "Assault weapon" means any of the following, except as | ||||||
13 | provided 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 |
| |||||||
| |||||||
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; |
| |||||||
| |||||||
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. |
| |||||||
| |||||||
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, AK–74, AKM, AKS, ARM, | ||||||
13 | MAK90, MISR,
NHM90, NHM91, SA85, SA93, Vector Arms | ||||||
14 | AK–47, VEPR, WASR–10,
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) AR–10. | ||||||
22 | (II) AR–15. | ||||||
23 | (III) Alexander Arms Overmatch Plus 16. | ||||||
24 | (IV) Armalite M15 22LR Carbine. | ||||||
25 | (V) Armalite M15–T. | ||||||
26 | (VI) Barrett REC7. |
| |||||||
| |||||||
1 | (VII) Beretta AR–70. | ||||||
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. ZM–4 Carbine. | ||||||
16 | (XXII) Heckler & Koch MR556. | ||||||
17 | (XXIII) High Standard HSA–15 rifles. | ||||||
18 | (XXIV) Jesse James Nomad AR–15 rifle. | ||||||
19 | (XXV) Knight’s Armament SR–15. | ||||||
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. |
| |||||||
| |||||||
1 | (XXXIII) Remington R–15 rifles. | ||||||
2 | (XXXIV) Rhino Arms AR rifles. | ||||||
3 | (XXXV) Rock River Arms LAR–15 or Rock River | ||||||
4 | Arms LAR–47. | ||||||
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 AR–556 | ||||||
10 | rifles. | ||||||
11 | (XL) Uselton Arms Air-Lite M–4 rifles. | ||||||
12 | (XLI) Windham Weaponry AR rifles. | ||||||
13 | (XLII) WMD Guns Big Beast. | ||||||
14 | (XLIII) Yankee Hill Machine Company, Inc. | ||||||
15 | YHM–15 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 K–1, K–2, 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 AT–9. | ||||||
26 | (xi) Galil Model AR and Model ARM. |
| |||||||
| |||||||
1 | (xii) Hi-Point Carbine. | ||||||
2 | (xiii) HK–91, HK–93, HK–94, HK–PSG–1, and HK USC. | ||||||
3 | (xiv) IWI TAVOR, Galil ACE rifle. | ||||||
4 | (xv) Kel-Tec Sub-2000, SU–16, and RFB. | ||||||
5 | (xvi) SIG AMT, SIG PE–57, Sig Sauer SG 550, Sig | ||||||
6 | Sauer SG 551, and SIG
MCX. | ||||||
7 | (xvii) Springfield Armory SAR–48. | ||||||
8 | (xviii) Steyr AUG. | ||||||
9 | (xix) Sturm, Ruger & Co. Mini-14 Tactical Rifle | ||||||
10 | M–14/20CF. | ||||||
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 T1–C. | ||||||
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. |
| |||||||
| |||||||
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 AK–47 pistol. | ||||||
14 | (IV) HCR AK–47 pistol. | ||||||
15 | (V) IO Inc. Hellpup AK–47 pistol. | ||||||
16 | (VI) Krinkov pistol. | ||||||
17 | (VII) Mini Draco AK–47 pistol. | ||||||
18 | (VIII) PAP M92 pistol. | ||||||
19 | (IX) Yugo Krebs Krink pistol. | ||||||
20 | (ii) All AR types, including the following: | ||||||
21 | (I) American Spirit AR–15 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. |
| |||||||
| |||||||
1 | (VII) DPMS AR–15 pistol. | ||||||
2 | (VIII) Jesse James Nomad AR–15 pistol. | ||||||
3 | (IX) Olympic Arms AR–15 pistol. | ||||||
4 | (X) Osprey Armament MK–18 pistol. | ||||||
5 | (XI) POF USA AR pistols. | ||||||
6 | (XII) Rock River Arms LAR 15 pistol. | ||||||
7 | (XIII) Uselton Arms Air-Lite M–4 pistol. | ||||||
8 | (iii) Calico pistols. | ||||||
9 | (iv) DSA SA58 PKP FAL pistol. | ||||||
10 | (v) Encom MP–9 and MP–45. | ||||||
11 | (vi) Heckler & Koch model SP–89 pistol. | ||||||
12 | (vii) Intratec AB–10, TEC–22 Scorpion, TEC–9, and | ||||||
13 | TEC–DC9. | ||||||
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) MAC–10. | ||||||
18 | (II) MAC–11. | ||||||
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 M–11. | ||||||
23 | (V) Velocity Arms VMAC. | ||||||
24 | (xi) Sig Sauer P556 pistol. | ||||||
25 | (xii) Sites Spectre. | ||||||
26 | (xiii) All Thompson types, including the |
| |||||||
| |||||||
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 MC–1980, Anakon SD12. | ||||||
10 | (ii) Doruk Lethal shotguns. | ||||||
11 | (iii) Franchi LAW–12 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 EXP–01. | ||||||
17 | (IV) IZHMASH Saiga 12K. | ||||||
18 | (V) IZHMASH Saiga 12K–030. | ||||||
19 | (VI) IZHMASH Saiga 12K–040 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. |
| |||||||
| |||||||
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 | ||||||
7 | of being attached to a firearm that is specifically designed | ||||||
8 | for making or converting a firearm into any of the firearms | ||||||
9 | listed in paragraph (1) of this subsection (a). | ||||||
10 | (4) "Antique firearm" has the meaning ascribed to it in 18 | ||||||
11 | U.S.C. 921(a)(16). | ||||||
12 | (5) ".50 caliber rifle" means a centerfire rifle capable | ||||||
13 | of firing a .50 caliber cartridge. The term does not include | ||||||
14 | any antique firearm, any shotgun including a shotgun that has | ||||||
15 | a rifle barrel, or any muzzle-loader which uses black powder | ||||||
16 | for hunting or historical reenactments. | ||||||
17 | (6) ".50 caliber cartridge" means a cartridge in .50 BMG | ||||||
18 | caliber, either by designation or actual measurement, that is | ||||||
19 | capable of being fired from a centerfire rifle. The term ".50 | ||||||
20 | caliber cartridge" does not include any memorabilia or display | ||||||
21 | item that is filled with a permanent inert substance or that is | ||||||
22 | otherwise permanently altered in a manner that prevents ready | ||||||
23 | modification for use as live ammunition or shotgun ammunition | ||||||
24 | with a caliber measurement that is equal to or greater than .50 | ||||||
25 | caliber. | ||||||
26 | (7) "Detachable magazine" means an ammunition feeding |
| |||||||
| |||||||
1 | device that may be removed from a firearm without disassembly | ||||||
2 | of the firearm action, including an ammunition feeding device | ||||||
3 | that may be readily removed from a firearm with the use of a | ||||||
4 | bullet, cartridge, accessory, or other tool, or any other | ||||||
5 | object that functions as a tool. | ||||||
6 | (8) "Fixed magazine" means an ammunition feeding device | ||||||
7 | that is permanently attached to a firearm, or contained in and | ||||||
8 | not removable from a firearm, or that is otherwise not a | ||||||
9 | detachable magazine, but does not include an attached tubular | ||||||
10 | device 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), | ||||||
13 | on or after the effective date of this amendatory Act of the | ||||||
14 | 102nd General Assembly, it is unlawful for any person within | ||||||
15 | this State to knowingly manufacture, deliver, sell, import, or | ||||||
16 | purchase or cause to be manufactured, delivered, sold, | ||||||
17 | imported, or purchased by another, an assault weapon, assault | ||||||
18 | weapon attachment, .50 caliber rifle, or .50 caliber | ||||||
19 | cartridge. | ||||||
20 | (c) Except as otherwise provided in subsection (d), 300 | ||||||
21 | days after the effective date of this amendatory Act of the | ||||||
22 | 102nd General Assembly, it is unlawful for any person within | ||||||
23 | this State to knowingly possess an assault weapon, assault | ||||||
24 | weapon attachment, .50 caliber rifle, or .50 caliber | ||||||
25 | cartridge. | ||||||
26 | (d) This Section does not apply to a person who possessed |
| |||||||
| |||||||
1 | before the effective date of this amendatory Act of the 102nd | ||||||
2 | General Assembly an assault weapon, assault weapon attachment, | ||||||
3 | .50 caliber rifle, or .50 caliber cartridge prohibited by | ||||||
4 | subsection (c) of this Section, if the person has provided in | ||||||
5 | an endorsement affidavit, prior to January 1, 2024, under oath | ||||||
6 | or affirmation and in the form and manner prescribed by the | ||||||
7 | Illinois 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 | ||||||
22 | printed in bold type: "Warning: Entering false information on | ||||||
23 | this form is punishable as perjury under Section 32-2 of the | ||||||
24 | Criminal Code of 2012. Entering false information on this form | ||||||
25 | is a violation of the Firearm Owners Identification Card Act." | ||||||
26 | In any administrative, civil, or criminal proceeding in |
| |||||||
| |||||||
1 | this State, a completed endorsement affidavit submitted to the | ||||||
2 | Illinois State Police by a person under this Section creates a | ||||||
3 | rebuttable presumption that the person is entitled to possess | ||||||
4 | and 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 | ||||||
7 | amendatory Act of the 102nd General Assembly, a person | ||||||
8 | authorized under this Section to possess an assault weapon, | ||||||
9 | assault weapon attachment, .50 caliber rifle, or .50 caliber | ||||||
10 | cartridge 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, |
| |||||||
| |||||||
1 | firearm carrying box, shipping box, or other container. | ||||||
2 | Beginning on January 1, 2024, the person with the | ||||||
3 | endorsement for an assault weapon, assault weapon attachment, | ||||||
4 | .50 caliber rifle, or .50 caliber cartridge or a person | ||||||
5 | authorized 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 | ||||||
8 | assault weapon, assault weapon attachment, .50 caliber rifle, | ||||||
9 | or .50 caliber cartridge only to an heir, an individual | ||||||
10 | residing in another state maintaining it in another state, or | ||||||
11 | a dealer licensed as a federal firearms dealer under Section | ||||||
12 | 923 of the federal Gun Control Act of 1968. Within 10 days | ||||||
13 | after transfer of the weapon except to an heir, the person | ||||||
14 | shall notify the Illinois State Police of the name and address | ||||||
15 | of the transferee and comply with the requirements of | ||||||
16 | subsection (b) of Section 3 of the Firearm Owners | ||||||
17 | Identification Card Act. The person to whom the weapon or | ||||||
18 | ammunition is transferred shall, within 60 days of the | ||||||
19 | transfer, complete an affidavit required under this Section. A | ||||||
20 | person to whom the weapon is transferred may transfer it only | ||||||
21 | as provided in this subsection. | ||||||
22 | Except as provided in subsection (e) and beginning on | ||||||
23 | January 1, 2024, any person who moves into this State in | ||||||
24 | possession of an assault weapon, assault weapon attachment, | ||||||
25 | .50 caliber rifle, or .50 caliber cartridge shall, within 60 | ||||||
26 | days, apply for a Firearm Owners Identification Card and |
| |||||||
| |||||||
1 | complete an endorsement application as outlined in subsection | ||||||
2 | (d). | ||||||
3 | Notwithstanding any other law, information contained in | ||||||
4 | the endorsement affidavit shall be confidential and shall not | ||||||
5 | be disclosed, except to law enforcement agencies acting in the | ||||||
6 | performance of their duties. | ||||||
7 | (e) The provisions of this Section regarding the purchase | ||||||
8 | or possession of assault weapons, assault weapon attachments, | ||||||
9 | .50 caliber rifles, and .50 cartridges, as well as the | ||||||
10 | provisions of this Section that prohibit causing those items | ||||||
11 | to 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 |
| |||||||
| |||||||
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 | ||||||
15 | manufacture, delivery, sale, import, purchase, or possession | ||||||
16 | of an assault weapon, assault weapon attachment, .50 caliber | ||||||
17 | rifle, or .50 caliber cartridge or causing the manufacture, | ||||||
18 | delivery, sale, importation, purchase, or possession of those | ||||||
19 | items: | ||||||
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. |
| |||||||
| |||||||
1 | This Section does not apply to or affect any of the | ||||||
2 | following: | ||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 | ||||||
7 | endorsement affidavit if the person chooses. | ||||||
8 | (f) Any sale or transfer with a background check initiated | ||||||
9 | to the Illinois State Police on or before the effective date of | ||||||
10 | this amendatory Act of the 102nd General Assembly is allowed | ||||||
11 | to be completed after the effective date of this amendatory | ||||||
12 | Act once an approval is issued by the Illinois State Police and | ||||||
13 | any applicable waiting period under Section 24-3 has expired. | ||||||
14 | (g) The Illinois State Police shall take all steps | ||||||
15 | necessary to carry out the requirements of this Section within | ||||||
16 | by October 1, 2023. | ||||||
17 | (720 ILCS 5/24-1.10 new) | ||||||
18 | Sec. 24-1.10. Manufacture, delivery, or sale of large | ||||||
19 | capacity 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 |
| |||||||
| |||||||
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 | ||||||
5 | include an attached tubular device designed to accept, and | ||||||
6 | capable of operating only with, .22 caliber rimfire | ||||||
7 | ammunition. "Large capacity ammunition feeding device" does | ||||||
8 | not include a tubular magazine
that is contained in a | ||||||
9 | lever-action firearm or any device that has been made | ||||||
10 | permanently inoperable. | ||||||
11 | (b) Except as provided in subsection (c) and (d), it is | ||||||
12 | unlawful for any person within this State to knowingly | ||||||
13 | manufacture, deliver, sell, purchase, or possess or cause to | ||||||
14 | be manufactured, delivered, sold, or purchased a large | ||||||
15 | capacity ammunition feeding device. | ||||||
16 | (c) This Section does not apply to any person who | ||||||
17 | possesses a large capacity ammunition feeding device prior to | ||||||
18 | the effective date of this amendatory Act of the 102nd General | ||||||
19 | Assembly. | ||||||
20 | Beginning 90 days after the effective date of this | ||||||
21 | amendatory Act of the 102nd General Assembly, a person | ||||||
22 | authorized under this Section to possess a large capacity | ||||||
23 | ammunition 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 |
| |||||||
| |||||||
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 | ||||||
13 | amendatory Act of the 102nd General Assembly, a person | ||||||
14 | authorized under this Section to possess a large capacity | ||||||
15 | ammunition feeding device may transfer the large capacity | ||||||
16 | ammunition feeding device only to an heir, an individual | ||||||
17 | residing in another state maintaining it in another state, or | ||||||
18 | a dealer licensed as a federal firearms dealer under Section | ||||||
19 | 923 of the federal Gun Control Act of 1968. Within 10 days | ||||||
20 | after transfer of the large capacity ammunition feeding device | ||||||
21 | except to an heir, the person shall notify the Illinois State | ||||||
22 | Police of the name and address of the transferee and comply | ||||||
23 | with the requirements of subsection (b) of Section 3 of the | ||||||
24 | Firearm Owners Identification Card Act. The person to whom the | ||||||
25 | large capacity ammunition feeding device is transferred shall, | ||||||
26 | within 60 days of the transfer, complete an affidavit required |
| |||||||
| |||||||
1 | under this Section. A person to whom the large capacity | ||||||
2 | ammunition feeding device is transferred may transfer it only | ||||||
3 | as provided in this subsection. | ||||||
4 | Except as provided in subsection (d) and beginning 90 days | ||||||
5 | after the effective date of this amendatory Act of the 102nd | ||||||
6 | General Assembly, any person who moves into this State in | ||||||
7 | possession of a large capacity ammunition feeding device | ||||||
8 | shall, within 60 days, apply for a Firearm Owners | ||||||
9 | Identification Card. | ||||||
10 | (d) The provisions of this Section regarding the purchase | ||||||
11 | or possession of large capacity ammunition feeding devices, as | ||||||
12 | well as the provisions of this Section that prohibit causing | ||||||
13 | those 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 |
| |||||||
| |||||||
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 | ||||||
16 | following: | ||||||
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 |
| |||||||
| |||||||
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, | ||||||
10 | purchases, or causes to be delivered, sold, or purchased in | ||||||
11 | violation of this Section a large capacity ammunition feeding | ||||||
12 | device capable of holding more than 10 rounds of ammunition | ||||||
13 | for long guns or more than 15 rounds of ammunition for handguns | ||||||
14 | commits a petty offense with a fine of $1,000 for each | ||||||
15 | violation. | ||||||
16 | Section 97. Severability. The provisions of this Act are | ||||||
17 | severable under Section 1.31 of the Statute on Statutes. | ||||||
18 | Section 99. Effective date. This Act takes effect upon | ||||||
19 | becoming law.".
|