Sen. Don Harmon

Filed: 1/9/2023

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 5471

2    AMENDMENT NO. ______. Amend House Bill 5471 by replacing
3everything after the enacting clause with the following:
 
4    "Section 1. This Act may be referred to as the Protect
5Illinois Communities Act.
 
6    Section 3. The Illinois Administrative Procedure Act is
7amended by adding Section 5-45.35 as follows:
 
8    (5 ILCS 100/5-45.35 new)
9    Sec. 5-45.35. Emergency rulemaking. To provide for the
10expeditious and timely implementation of this amendatory Act
11of the 102nd General Assembly, emergency rules implementing
12the this amendatory Act of the 102nd General Assembly may be
13adopted in accordance with Section 5-45 by the Illinois State
14Police. The adoption of emergency rules authorized by Section
155-45 and this Section is deemed to be necessary for the public

 

 

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1interest, safety, and welfare.
2    This Section is repealed one year after the effective date
3of this amendatory Act of the 102nd General Assembly.
 
4    Section 5. The Illinois State Police Law of the Civil
5Administrative Code of Illinois is amended by changing
6Sections 2605-35 and 2605-51.1 as follows:
 
7    (20 ILCS 2605/2605-35)  (was 20 ILCS 2605/55a-3)
8    Sec. 2605-35. Division of Criminal Investigation.
9    (a) The Division of Criminal Investigation shall exercise
10the following functions and those in Section 2605-30:
11        (1) Exercise the rights, powers, and duties vested by
12    law in the Illinois State Police by the Illinois Horse
13    Racing Act of 1975, including those set forth in Section
14    2605-215.
15        (2) Investigate the origins, activities, personnel,
16    and incidents of crime and enforce the criminal laws of
17    this State related thereto.
18        (3) Enforce all laws regulating the production, sale,
19    prescribing, manufacturing, administering, transporting,
20    having in possession, dispensing, delivering,
21    distributing, or use of controlled substances and
22    cannabis.
23        (4) Cooperate with the police of cities, villages, and
24    incorporated towns and with the police officers of any

 

 

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1    county in enforcing the laws of the State and in making
2    arrests and recovering property.
3        (5) Apprehend and deliver up any person charged in
4    this State or any other state with treason or a felony or
5    other crime who has fled from justice and is found in this
6    State.
7        (6) Investigate recipients and providers under the
8    Illinois Public Aid Code and any personnel involved in the
9    administration of the Code who are suspected of any
10    violation of the Code pertaining to fraud in the
11    administration, receipt, or provision of assistance and
12    pertaining to any violation of criminal law; and exercise
13    the functions required under Section 2605-220 in the
14    conduct of those investigations.
15        (7) Conduct other investigations as provided by law,
16    including, but not limited to, investigations of human
17    trafficking, illegal drug trafficking, and illegal
18    firearms trafficking.
19        (8) Investigate public corruption.
20        (9) Exercise other duties that may be assigned by the
21    Director in order to fulfill the responsibilities and
22    achieve the purposes of the Illinois State Police, which
23    may include the coordination of gang, terrorist, and
24    organized crime prevention, control activities, and
25    assisting local law enforcement in their crime control
26    activities.

 

 

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1        (10) Conduct investigations (and cooperate with
2    federal law enforcement agencies in the investigation) of
3    any property-related crimes, such as money laundering,
4    involving individuals or entities listed on the sanctions
5    list maintained by the U.S. Department of Treasury's
6    Office of Foreign Asset Control.
7    (b) (Blank).
8    (c) The Division of Criminal Investigation shall provide
9statewide coordination and strategy pertaining to
10firearm-related intelligence, firearms trafficking
11interdiction, and investigations reaching across all divisions
12of the Illinois State Police, including providing crime gun
13intelligence support for suspects and firearms involved in
14firearms trafficking or the commission of a crime involving
15firearms that is investigated by the Illinois State Police and
16other federal, State, and local law enforcement agencies, with
17the objective of reducing and preventing illegal possession
18and use of firearms, firearms trafficking, firearm-related
19homicides, and other firearm-related violent crimes in
20Illinois.
21(Source: P.A. 102-538, eff. 8-20-21; 102-813, eff. 5-13-22;
22102-1108, eff. 12-21-22.)
 
23    (20 ILCS 2605/2605-51.1)
24    (Section scheduled to be repealed on June 1, 2026)
25    Sec. 2605-51.1. Commission on Implementing the Firearms

 

 

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1Restraining Order Act.
2    (a) There is created the Commission on Implementing the
3Firearms Restraining Order Act composed of at least 12 members
4to advise on the strategies of education and implementation of
5the Firearms Restraining Order Act. The Commission shall be
6appointed by the Director of the Illinois State Police or his
7or her designee and shall include a liaison or representative
8nominated from the following:
9        (1) the Office of the Attorney General, appointed by
10    the Attorney General;
11        (2) the Director of the Illinois State Police or his
12    or her designee;
13        (3) at least 3 State's Attorneys, nominated by the
14    Director of the Office of the State's Attorneys Appellate
15    Prosecutor;
16        (4) at least 2 municipal police department
17    representatives, nominated by the Illinois Association of
18    Chiefs of Police;
19        (5) an Illinois sheriff, nominated by the Illinois
20    Sheriffs' Association;
21        (6) the Director of Public Health or his or her
22    designee;
23        (7) the Illinois Law Enforcement Training Standards
24    Board, nominated by the Executive Director of the Board;
25        (8) a representative from a public defender's office,
26    nominated by the State Appellate Defender;

 

 

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1        (9) a circuit court judge, nominated by the Chief
2    Justice of the Supreme Court;
3        (10) a prosecutor with experience managing or
4    directing a program in another state where the
5    implementation of that state's extreme risk protection
6    order law has achieved high rates of petition filings
7    nominated by the National District Attorneys Association;
8    and
9        (11) an expert from law enforcement who has experience
10    managing or directing a program in another state where the
11    implementation of that state's extreme risk protection
12    order law has achieved high rates of petition filings
13    nominated by the Director of the Illinois State Police;
14    and
15        (12) a circuit court clerk, nominated by the President
16    of the Illinois Association of Court Clerks.
17    (b) The Commission shall be chaired by the Director of the
18Illinois State Police or his or her designee. The Commission
19shall meet, either virtually or in person, to discuss the
20implementation of the Firearms Restraining Order Act as
21determined by the Commission while the strategies are being
22established.
23    (c) The members of the Commission shall serve without
24compensation and shall serve 3-year terms.
25    (d) An annual report shall be submitted to the General
26Assembly by the Commission that may include summary

 

 

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1information about firearms restraining order use by county,
2challenges to Firearms Restraining Order Act implementation,
3and recommendations for increasing and improving
4implementation.
5    (e) The Commission shall develop a model policy with an
6overall framework for the timely relinquishment of firearms
7whenever a firearms restraining order is issued. The model
8policy shall be finalized within the first 4 months of
9convening. In formulating the model policy, the Commission
10shall consult counties in Illinois and other states with
11extreme risk protection order laws which have achieved a high
12rate of petition filings. Once approved, the Illinois State
13Police shall work with their local law enforcement agencies
14within their county to design a comprehensive strategy for the
15timely relinquishment of firearms, using the model policy as
16an overall framework. Each individual agency may make small
17modifications as needed to the model policy and must approve
18and adopt a policy that aligns with the model policy. The
19Illinois State Police shall convene local police chiefs and
20sheriffs within their county as needed to discuss the
21relinquishment of firearms.
22    (f) The Commission shall be dissolved June 1, 2025 (3
23years after the effective date of Public Act 102-345).
24    (g) This Section is repealed June 1, 2026 (4 years after
25the effective date of Public Act 102-345).
26(Source: P.A. 102-345, eff. 6-1-22; 102-813, eff. 5-13-22.)
 

 

 

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1    Section 7. The Illinois Procurement Code is amended by
2changing Section 1-10 as follows:
 
3    (30 ILCS 500/1-10)
4    Sec. 1-10. Application.
5    (a) This Code applies only to procurements for which
6bidders, offerors, potential contractors, or contractors were
7first solicited on or after July 1, 1998. This Code shall not
8be construed to affect or impair any contract, or any
9provision of a contract, entered into based on a solicitation
10prior to the implementation date of this Code as described in
11Article 99, including, but not limited to, any covenant
12entered into with respect to any revenue bonds or similar
13instruments. All procurements for which contracts are
14solicited between the effective date of Articles 50 and 99 and
15July 1, 1998 shall be substantially in accordance with this
16Code and its intent.
17    (b) This Code shall apply regardless of the source of the
18funds with which the contracts are paid, including federal
19assistance moneys. This Code shall not apply to:
20        (1) Contracts between the State and its political
21    subdivisions or other governments, or between State
22    governmental bodies, except as specifically provided in
23    this Code.
24        (2) Grants, except for the filing requirements of

 

 

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1    Section 20-80.
2        (3) Purchase of care, except as provided in Section
3    5-30.6 of the Illinois Public Aid Code and this Section.
4        (4) Hiring of an individual as an employee and not as
5    an independent contractor, whether pursuant to an
6    employment code or policy or by contract directly with
7    that individual.
8        (5) Collective bargaining contracts.
9        (6) Purchase of real estate, except that notice of
10    this type of contract with a value of more than $25,000
11    must be published in the Procurement Bulletin within 10
12    calendar days after the deed is recorded in the county of
13    jurisdiction. The notice shall identify the real estate
14    purchased, the names of all parties to the contract, the
15    value of the contract, and the effective date of the
16    contract.
17        (7) Contracts necessary to prepare for anticipated
18    litigation, enforcement actions, or investigations,
19    provided that the chief legal counsel to the Governor
20    shall give his or her prior approval when the procuring
21    agency is one subject to the jurisdiction of the Governor,
22    and provided that the chief legal counsel of any other
23    procuring entity subject to this Code shall give his or
24    her prior approval when the procuring entity is not one
25    subject to the jurisdiction of the Governor.
26        (8) (Blank).

 

 

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1        (9) Procurement expenditures by the Illinois
2    Conservation Foundation when only private funds are used.
3        (10) (Blank).
4        (11) Public-private agreements entered into according
5    to the procurement requirements of Section 20 of the
6    Public-Private Partnerships for Transportation Act and
7    design-build agreements entered into according to the
8    procurement requirements of Section 25 of the
9    Public-Private Partnerships for Transportation Act.
10        (12) (A) Contracts for legal, financial, and other
11    professional and artistic services entered into by the
12    Illinois Finance Authority in which the State of Illinois
13    is not obligated. Such contracts shall be awarded through
14    a competitive process authorized by the members of the
15    Illinois Finance Authority and are subject to Sections
16    5-30, 20-160, 50-13, 50-20, 50-35, and 50-37 of this Code,
17    as well as the final approval by the members of the
18    Illinois Finance Authority of the terms of the contract.
19        (B) Contracts for legal and financial services entered
20    into by the Illinois Housing Development Authority in
21    connection with the issuance of bonds in which the State
22    of Illinois is not obligated. Such contracts shall be
23    awarded through a competitive process authorized by the
24    members of the Illinois Housing Development Authority and
25    are subject to Sections 5-30, 20-160, 50-13, 50-20, 50-35,
26    and 50-37 of this Code, as well as the final approval by

 

 

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1    the members of the Illinois Housing Development Authority
2    of the terms of the contract.
3        (13) Contracts for services, commodities, and
4    equipment to support the delivery of timely forensic
5    science services in consultation with and subject to the
6    approval of the Chief Procurement Officer as provided in
7    subsection (d) of Section 5-4-3a of the Unified Code of
8    Corrections, except for the requirements of Sections
9    20-60, 20-65, 20-70, and 20-160 and Article 50 of this
10    Code; however, the Chief Procurement Officer may, in
11    writing with justification, waive any certification
12    required under Article 50 of this Code. For any contracts
13    for services which are currently provided by members of a
14    collective bargaining agreement, the applicable terms of
15    the collective bargaining agreement concerning
16    subcontracting shall be followed.
17        On and after January 1, 2019, this paragraph (13),
18    except for this sentence, is inoperative.
19        (14) Contracts for participation expenditures required
20    by a domestic or international trade show or exhibition of
21    an exhibitor, member, or sponsor.
22        (15) Contracts with a railroad or utility that
23    requires the State to reimburse the railroad or utilities
24    for the relocation of utilities for construction or other
25    public purpose. Contracts included within this paragraph
26    (15) shall include, but not be limited to, those

 

 

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1    associated with: relocations, crossings, installations,
2    and maintenance. For the purposes of this paragraph (15),
3    "railroad" means any form of non-highway ground
4    transportation that runs on rails or electromagnetic
5    guideways and "utility" means: (1) public utilities as
6    defined in Section 3-105 of the Public Utilities Act, (2)
7    telecommunications carriers as defined in Section 13-202
8    of the Public Utilities Act, (3) electric cooperatives as
9    defined in Section 3.4 of the Electric Supplier Act, (4)
10    telephone or telecommunications cooperatives as defined in
11    Section 13-212 of the Public Utilities Act, (5) rural
12    water or waste water systems with 10,000 connections or
13    less, (6) a holder as defined in Section 21-201 of the
14    Public Utilities Act, and (7) municipalities owning or
15    operating utility systems consisting of public utilities
16    as that term is defined in Section 11-117-2 of the
17    Illinois Municipal Code.
18        (16) Procurement expenditures necessary for the
19    Department of Public Health to provide the delivery of
20    timely newborn screening services in accordance with the
21    Newborn Metabolic Screening Act.
22        (17) Procurement expenditures necessary for the
23    Department of Agriculture, the Department of Financial and
24    Professional Regulation, the Department of Human Services,
25    and the Department of Public Health to implement the
26    Compassionate Use of Medical Cannabis Program and Opioid

 

 

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1    Alternative Pilot Program requirements and ensure access
2    to medical cannabis for patients with debilitating medical
3    conditions in accordance with the Compassionate Use of
4    Medical Cannabis Program Act.
5        (18) This Code does not apply to any procurements
6    necessary for the Department of Agriculture, the
7    Department of Financial and Professional Regulation, the
8    Department of Human Services, the Department of Commerce
9    and Economic Opportunity, and the Department of Public
10    Health to implement the Cannabis Regulation and Tax Act if
11    the applicable agency has made a good faith determination
12    that it is necessary and appropriate for the expenditure
13    to fall within this exemption and if the process is
14    conducted in a manner substantially in accordance with the
15    requirements of Sections 20-160, 25-60, 30-22, 50-5,
16    50-10, 50-10.5, 50-12, 50-13, 50-15, 50-20, 50-21, 50-35,
17    50-36, 50-37, 50-38, and 50-50 of this Code; however, for
18    Section 50-35, compliance applies only to contracts or
19    subcontracts over $100,000. Notice of each contract
20    entered into under this paragraph (18) that is related to
21    the procurement of goods and services identified in
22    paragraph (1) through (9) of this subsection shall be
23    published in the Procurement Bulletin within 14 calendar
24    days after contract execution. The Chief Procurement
25    Officer shall prescribe the form and content of the
26    notice. Each agency shall provide the Chief Procurement

 

 

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1    Officer, on a monthly basis, in the form and content
2    prescribed by the Chief Procurement Officer, a report of
3    contracts that are related to the procurement of goods and
4    services identified in this subsection. At a minimum, this
5    report shall include the name of the contractor, a
6    description of the supply or service provided, the total
7    amount of the contract, the term of the contract, and the
8    exception to this Code utilized. A copy of any or all of
9    these contracts shall be made available to the Chief
10    Procurement Officer immediately upon request. The Chief
11    Procurement Officer shall submit a report to the Governor
12    and General Assembly no later than November 1 of each year
13    that includes, at a minimum, an annual summary of the
14    monthly information reported to the Chief Procurement
15    Officer. This exemption becomes inoperative 5 years after
16    June 25, 2019 (the effective date of Public Act 101-27).
17        (19) Acquisition of modifications or adjustments,
18    limited to assistive technology devices and assistive
19    technology services, adaptive equipment, repairs, and
20    replacement parts to provide reasonable accommodations (i)
21    that enable a qualified applicant with a disability to
22    complete the job application process and be considered for
23    the position such qualified applicant desires, (ii) that
24    modify or adjust the work environment to enable a
25    qualified current employee with a disability to perform
26    the essential functions of the position held by that

 

 

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1    employee, (iii) to enable a qualified current employee
2    with a disability to enjoy equal benefits and privileges
3    of employment as are enjoyed by other similarly situated
4    employees without disabilities, and (iv) that allow a
5    customer, client, claimant, or member of the public
6    seeking State services full use and enjoyment of and
7    access to its programs, services, or benefits.
8        For purposes of this paragraph (19):
9        "Assistive technology devices" means any item, piece
10    of equipment, or product system, whether acquired
11    commercially off the shelf, modified, or customized, that
12    is used to increase, maintain, or improve functional
13    capabilities of individuals with disabilities.
14        "Assistive technology services" means any service that
15    directly assists an individual with a disability in
16    selection, acquisition, or use of an assistive technology
17    device.
18        "Qualified" has the same meaning and use as provided
19    under the federal Americans with Disabilities Act when
20    describing an individual with a disability.
21        (20) Procurement expenditures necessary for the
22    Illinois Commerce Commission to hire third-party
23    facilitators pursuant to Sections 16-105.17 and 16-108.18
24    of the Public Utilities Act or an ombudsman pursuant to
25    Section 16-107.5 of the Public Utilities Act, a
26    facilitator pursuant to Section 16-105.17 of the Public

 

 

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1    Utilities Act, or a grid auditor pursuant to Section
2    16-105.10 of the Public Utilities Act.
3        (21) Procurement expenditures for the purchase,
4    renewal, and expansion of software, software licenses, or
5    software maintenance agreements that support the efforts
6    of the Illinois State Police to enforce, regulate, and
7    administer the Firearm Owners Identification Card Act, the
8    Firearm Concealed Carry Act, the Firearms Restraining
9    Order Act, the Firearm Dealer License Certification Act,
10    the Law Enforcement Agencies Data System (LEADS), the
11    Uniform Crime Reporting Act, the Criminal Identification
12    Act, the Uniform Conviction Information Act, and the Gun
13    Trafficking Information Act, or establish or maintain
14    record management systems necessary to conduct human
15    trafficking investigations or gun trafficking or other
16    stolen firearm investigations. This paragraph (21) applies
17    to contracts entered into on or after the effective date
18    of this amendatory Act of the 102nd General Assembly and
19    the renewal of contracts that are in effect on the
20    effective date of this amendatory Act of the 102nd General
21    Assembly.
22    Notwithstanding any other provision of law, for contracts
23with an annual value of more than $100,000 entered into on or
24after October 1, 2017 under an exemption provided in any
25paragraph of this subsection (b), except paragraph (1), (2),
26or (5), each State agency shall post to the appropriate

 

 

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1procurement bulletin the name of the contractor, a description
2of the supply or service provided, the total amount of the
3contract, the term of the contract, and the exception to the
4Code utilized. The chief procurement officer shall submit a
5report to the Governor and General Assembly no later than
6November 1 of each year that shall include, at a minimum, an
7annual summary of the monthly information reported to the
8chief procurement officer.
9    (c) This Code does not apply to the electric power
10procurement process provided for under Section 1-75 of the
11Illinois Power Agency Act and Section 16-111.5 of the Public
12Utilities Act.
13    (d) Except for Section 20-160 and Article 50 of this Code,
14and as expressly required by Section 9.1 of the Illinois
15Lottery Law, the provisions of this Code do not apply to the
16procurement process provided for under Section 9.1 of the
17Illinois Lottery Law.
18    (e) This Code does not apply to the process used by the
19Capital Development Board to retain a person or entity to
20assist the Capital Development Board with its duties related
21to the determination of costs of a clean coal SNG brownfield
22facility, as defined by Section 1-10 of the Illinois Power
23Agency Act, as required in subsection (h-3) of Section 9-220
24of the Public Utilities Act, including calculating the range
25of capital costs, the range of operating and maintenance
26costs, or the sequestration costs or monitoring the

 

 

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1construction of clean coal SNG brownfield facility for the
2full duration of construction.
3    (f) (Blank).
4    (g) (Blank).
5    (h) This Code does not apply to the process to procure or
6contracts entered into in accordance with Sections 11-5.2 and
711-5.3 of the Illinois Public Aid Code.
8    (i) Each chief procurement officer may access records
9necessary to review whether a contract, purchase, or other
10expenditure is or is not subject to the provisions of this
11Code, unless such records would be subject to attorney-client
12privilege.
13    (j) This Code does not apply to the process used by the
14Capital Development Board to retain an artist or work or works
15of art as required in Section 14 of the Capital Development
16Board Act.
17    (k) This Code does not apply to the process to procure
18contracts, or contracts entered into, by the State Board of
19Elections or the State Electoral Board for hearing officers
20appointed pursuant to the Election Code.
21    (l) This Code does not apply to the processes used by the
22Illinois Student Assistance Commission to procure supplies and
23services paid for from the private funds of the Illinois
24Prepaid Tuition Fund. As used in this subsection (l), "private
25funds" means funds derived from deposits paid into the
26Illinois Prepaid Tuition Trust Fund and the earnings thereon.

 

 

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1    (m) This Code shall apply regardless of the source of
2funds with which contracts are paid, including federal
3assistance moneys. Except as specifically provided in this
4Code, this Code shall not apply to procurement expenditures
5necessary for the Department of Public Health to conduct the
6Healthy Illinois Survey in accordance with Section 2310-431 of
7the Department of Public Health Powers and Duties Law of the
8Civil Administrative Code of Illinois.
9(Source: P.A. 101-27, eff. 6-25-19; 101-81, eff. 7-12-19;
10101-363, eff. 8-9-19; 102-175, eff. 7-29-21; 102-483, eff
111-1-22; 102-558, eff. 8-20-21; 102-600, eff. 8-27-21; 102-662,
12eff. 9-15-21; 102-721, eff. 1-1-23; 102-813, eff. 5-13-22.)
 
13    Section 10. The Firearm Owners Identification Card Act is
14amended by changing Sections 2, 3, 4, and 8 and by adding
15Section 4.1 as follows:
 
16    (430 ILCS 65/2)  (from Ch. 38, par. 83-2)
17    Sec. 2. Firearm Owner's Identification Card required;
18exceptions.
19    (a) (1) No person may acquire or possess any firearm, stun
20gun, or taser within this State without having in his or her
21possession a Firearm Owner's Identification Card previously
22issued in his or her name by the Illinois State Police under
23the provisions of this Act.
24    (2) No person may acquire or possess firearm ammunition

 

 

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1within this State without having in his or her possession a
2Firearm Owner's Identification Card previously issued in his
3or her name by the Illinois State Police under the provisions
4of this Act.
5    (b) The provisions of this Section regarding the
6possession of firearms, firearm ammunition, stun guns, and
7tasers do not apply to:
8        (1) United States Marshals, while engaged in the
9    operation of their official duties;
10        (2) Members of the Armed Forces of the United States
11    or the National Guard, while engaged in the operation of
12    their official duties;
13        (3) Federal officials required to carry firearms,
14    while engaged in the operation of their official duties;
15        (4) Members of bona fide veterans organizations which
16    receive firearms directly from the armed forces of the
17    United States, while using the firearms for ceremonial
18    purposes with blank ammunition;
19        (5) Nonresident hunters during hunting season, with
20    valid nonresident hunting licenses and while in an area
21    where hunting is permitted; however, at all other times
22    and in all other places these persons must have their
23    firearms unloaded and enclosed in a case;
24        (6) Those hunters exempt from obtaining a hunting
25    license who are required to submit their Firearm Owner's
26    Identification Card when hunting on Department of Natural

 

 

10200HB5471sam002- 21 -LRB102 24372 RLC 42563 a

1    Resources owned or managed sites;
2        (7) Nonresidents while on a firing or shooting range
3    recognized by the Illinois State Police; however, these
4    persons must at all other times and in all other places
5    have their firearms unloaded and enclosed in a case;
6        (8) Nonresidents while at a firearm showing or display
7    recognized by the Illinois State Police; however, at all
8    other times and in all other places these persons must
9    have their firearms unloaded and enclosed in a case;
10        (9) Nonresidents whose firearms are unloaded and
11    enclosed in a case;
12        (10) Nonresidents who are currently licensed or
13    registered to possess a firearm in their resident state;
14        (11) Unemancipated minors while in the custody and
15    immediate control of their parent or legal guardian or
16    other person in loco parentis to the minor if the parent or
17    legal guardian or other person in loco parentis to the
18    minor has a currently valid Firearm Owner's Identification
19    Card;
20        (12) Color guards of bona fide veterans organizations
21    or members of bona fide American Legion bands while using
22    firearms for ceremonial purposes with blank ammunition;
23        (13) Nonresident hunters whose state of residence does
24    not require them to be licensed or registered to possess a
25    firearm and only during hunting season, with valid hunting
26    licenses, while accompanied by, and using a firearm owned

 

 

10200HB5471sam002- 22 -LRB102 24372 RLC 42563 a

1    by, a person who possesses a valid Firearm Owner's
2    Identification Card and while in an area within a
3    commercial club licensed under the Wildlife Code where
4    hunting is permitted and controlled, but in no instance
5    upon sites owned or managed by the Department of Natural
6    Resources;
7        (14) Resident hunters who are properly authorized to
8    hunt and, while accompanied by a person who possesses a
9    valid Firearm Owner's Identification Card, hunt in an area
10    within a commercial club licensed under the Wildlife Code
11    where hunting is permitted and controlled; and
12        (15) A person who is otherwise eligible to obtain a
13    Firearm Owner's Identification Card under this Act and is
14    under the direct supervision of a holder of a Firearm
15    Owner's Identification Card who is 21 years of age or
16    older while the person is on a firing or shooting range or
17    is a participant in a firearms safety and training course
18    recognized by a law enforcement agency or a national,
19    statewide shooting sports organization; and
20        (16) Competitive shooting athletes whose competition
21    firearms are sanctioned by the International Olympic
22    Committee, the International Paralympic Committee, the
23    International Shooting Sport Federation, or USA Shooting
24    in connection with such athletes' training for and
25    participation in shooting competitions at the 2016 Olympic
26    and Paralympic Games and sanctioned test events leading up

 

 

10200HB5471sam002- 23 -LRB102 24372 RLC 42563 a

1    to the 2016 Olympic and Paralympic Games.
2    (c) The provisions of this Section regarding the
3acquisition and possession of firearms, firearm ammunition,
4stun guns, and tasers do not apply to law enforcement
5officials of this or any other jurisdiction, while engaged in
6the operation of their official duties.
7    (c-5) The provisions of paragraphs (1) and (2) of
8subsection (a) of this Section regarding the possession of
9firearms and firearm ammunition do not apply to the holder of a
10valid concealed carry license issued under the Firearm
11Concealed Carry Act who is in physical possession of the
12concealed carry license.
13    (d) Any person who becomes a resident of this State, who is
14not otherwise prohibited from obtaining, possessing, or using
15a firearm or firearm ammunition, shall not be required to have
16a Firearm Owner's Identification Card to possess firearms or
17firearms ammunition until 60 calendar days after he or she
18obtains an Illinois driver's license or Illinois
19Identification Card.
20(Source: P.A. 102-538, eff. 8-20-21.)
 
21    (430 ILCS 65/3)  (from Ch. 38, par. 83-3)
22    (Text of Section before amendment by P.A. 102-237)
23    Sec. 3. (a) Except as provided in Section 3a, no person may
24knowingly transfer, or cause to be transferred, any firearm,
25firearm ammunition, stun gun, or taser to any person within

 

 

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1this State unless the transferee with whom he deals displays
2either: (1) a currently valid Firearm Owner's Identification
3Card which has previously been issued in his or her name by the
4Illinois State Police under the provisions of this Act; or (2)
5a currently valid license to carry a concealed firearm which
6has previously been issued in his or her name by the Illinois
7State Police under the Firearm Concealed Carry Act. In
8addition, all firearm, stun gun, and taser transfers by
9federally licensed firearm dealers are subject to Section 3.1.
10    (a-5) Any person who is not a federally licensed firearm
11dealer and who desires to transfer or sell a firearm while that
12person is on the grounds of a gun show must, before selling or
13transferring the firearm, request the Illinois State Police to
14conduct a background check on the prospective recipient of the
15firearm in accordance with Section 3.1.
16    (a-10) Notwithstanding item (2) of subsection (a) of this
17Section, any person who is not a federally licensed firearm
18dealer and who desires to transfer or sell a firearm or
19firearms to any person who is not a federally licensed firearm
20dealer shall, before selling or transferring the firearms,
21contact a federal firearm license dealer under paragraph (1)
22of subsection (a-15) of this Section to conduct the transfer
23or the Illinois State Police with the transferee's or
24purchaser's Firearm Owner's Identification Card number to
25determine the validity of the transferee's or purchaser's
26Firearm Owner's Identification Card under State and federal

 

 

10200HB5471sam002- 25 -LRB102 24372 RLC 42563 a

1law including the National Instant Criminal Background Check
2System. This subsection shall not be effective until July 1,
32023. Until that date the transferor shall contact the
4Illinois State Police with the transferee's or purchaser's
5Firearm Owner's Identification Card number to determine the
6validity of the card January 1, 2014. The Illinois State
7Police may adopt rules concerning the implementation of this
8subsection. The Illinois State Police shall provide the seller
9or transferor an approval number if the purchaser's Firearm
10Owner's Identification Card is valid. Approvals issued by the
11Illinois State Police for the purchase of a firearm pursuant
12to this subsection are valid for 30 days from the date of
13issue.
14    (a-15) The provisions of subsection (a-10) of this Section
15do not apply to:
16        (1) transfers that occur at the place of business of a
17    federally licensed firearm dealer, if the federally
18    licensed firearm dealer conducts a background check on the
19    prospective recipient of the firearm in accordance with
20    Section 3.1 of this Act and follows all other applicable
21    federal, State, and local laws as if he or she were the
22    seller or transferor of the firearm, although the dealer
23    is not required to accept the firearm into his or her
24    inventory. The purchaser or transferee may be required by
25    the federally licensed firearm dealer to pay a fee not to
26    exceed $25 $10 per firearm, which the dealer may retain as

 

 

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

 

 

10200HB5471sam002- 27 -LRB102 24372 RLC 42563 a

1    agency or a law enforcement or corrections officer acting
2    within the course and scope of his or her official duties;
3        (8) transfers of firearms that have been rendered
4    permanently inoperable to a nonprofit historical society,
5    museum, or institutional collection; and
6        (9) transfers to a person who is exempt from the
7    requirement of possessing a Firearm Owner's Identification
8    Card under Section 2 of this Act.
9    (a-20) The Illinois State Police shall develop an
10Internet-based system for individuals to determine the
11validity of a Firearm Owner's Identification Card prior to the
12sale or transfer of a firearm. The Illinois State Police shall
13have the Internet-based system updated completed and available
14for use by January 1, 2024 July 1, 2015. The Illinois State
15Police shall adopt rules not inconsistent with this Section to
16implement this system; but no rule shall allow the Illinois
17State Police to retain records in contravention of State and
18federal law.
19    (a-25) On or before January 1, 2022, the Illinois State
20Police shall develop an Internet-based system upon which the
21serial numbers of firearms that have been reported stolen are
22available for public access for individuals to ensure any
23firearms are not reported stolen prior to the sale or transfer
24of a firearm under this Section. The Illinois State Police
25shall have the Internet-based system completed and available
26for use by July 1, 2022. The Illinois State Police shall adopt

 

 

10200HB5471sam002- 28 -LRB102 24372 RLC 42563 a

1rules not inconsistent with this Section to implement this
2system.
3    (b) Any person within this State who transfers or causes
4to be transferred any firearm, stun gun, or taser shall keep a
5record of such transfer for a period of 10 years from the date
6of transfer. Any person within this State who receives any
7firearm, stun gun, or taser pursuant to subsection (a-10)
8shall provide a record of the transfer within 10 days of the
9transfer to a federally licensed firearm dealer and shall not
10be required to maintain a transfer record. The federally
11licensed firearm dealer shall maintain the transfer record for
1220 years from the date of receipt. A federally licensed
13firearm dealer may charge a fee not to exceed $25 to retain the
14record. The record shall be provided and maintained in either
15an electronic or paper format. The federally licensed firearm
16dealer shall not be liable for the accuracy of any information
17in the transfer record submitted pursuant to this Section.
18Such records record shall contain the date of the transfer;
19the description, serial number or other information
20identifying the firearm, stun gun, or taser if no serial
21number is available; and, if the transfer was completed within
22this State, the transferee's Firearm Owner's Identification
23Card number and any approval number or documentation provided
24by the Illinois State Police pursuant to subsection (a-10) of
25this Section; if the transfer was not completed within this
26State, the record shall contain the name and address of the

 

 

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1transferee. On or after January 1, 2006, the record shall
2contain the date of application for transfer of the firearm.
3On demand of a peace officer such transferor shall produce for
4inspection such record of transfer. For any transfer pursuant
5to subsection (a-10) of this Section, on the demand of a peace
6officer, such transferee shall identify the federally licensed
7firearm dealer maintaining the transfer record. If the
8transfer or sale took place at a gun show, the record shall
9include the unique identification number. Failure to record
10the unique identification number or approval number is a petty
11offense. For transfers of a firearm, stun gun, or taser made on
12or after January 18, 2019 (the effective date of Public Act
13100-1178), failure by the private seller to maintain the
14transfer records in accordance with this Section, or failure
15by a transferee pursuant to subsection a-10 of this Section to
16identify the federally licensed firearm dealer maintaining the
17transfer record, is a Class A misdemeanor for the first
18offense and a Class 4 felony for a second or subsequent offense
19occurring within 10 years of the first offense and the second
20offense was committed after conviction of the first offense.
21Whenever any person who has not previously been convicted of
22any violation of subsection (a-5), the court may grant
23supervision pursuant to and consistent with the limitations of
24Section 5-6-1 of the Unified Code of Corrections. A transferee
25or transferor shall not be criminally liable under this
26Section provided that he or she provides the Illinois State

 

 

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1Police with the transfer records in accordance with procedures
2established by the Illinois State Police. The Illinois State
3Police shall establish, by rule, a standard form on its
4website.
5    (b-5) Any resident may purchase ammunition from a person
6within or outside of Illinois if shipment is by United States
7mail or by a private express carrier authorized by federal law
8to ship ammunition. Any resident purchasing ammunition within
9or outside the State of Illinois must provide the seller with a
10copy of his or her valid Firearm Owner's Identification Card
11or valid concealed carry license and either his or her
12Illinois driver's license or Illinois State Identification
13Card prior to the shipment of the ammunition. The ammunition
14may be shipped only to an address on either of those 2
15documents.
16    (c) The provisions of this Section regarding the transfer
17of firearm ammunition shall not apply to those persons
18specified in paragraph (b) of Section 2 of this Act.
19(Source: P.A. 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)
 
20    (Text of Section after amendment by P.A. 102-237)
21    Sec. 3. (a) Except as provided in Section 3a, no person may
22knowingly transfer, or cause to be transferred, any firearm,
23firearm ammunition, stun gun, or taser to any person within
24this State unless the transferee with whom he deals displays
25either: (1) a currently valid Firearm Owner's Identification

 

 

10200HB5471sam002- 31 -LRB102 24372 RLC 42563 a

1Card which has previously been issued in his or her name by the
2Illinois State Police under the provisions of this Act; or (2)
3a currently valid license to carry a concealed firearm which
4has previously been issued in his or her name by the Illinois
5State Police under the Firearm Concealed Carry Act. In
6addition, all firearm, stun gun, and taser transfers by
7federally licensed firearm dealers are subject to Section 3.1.
8    (a-5) Any person who is not a federally licensed firearm
9dealer and who desires to transfer or sell a firearm while that
10person is on the grounds of a gun show must, before selling or
11transferring the firearm, request the Illinois State Police to
12conduct a background check on the prospective recipient of the
13firearm in accordance with Section 3.1.
14    (a-10) Notwithstanding item (2) of subsection (a) of this
15Section, any person who is not a federally licensed firearm
16dealer and who desires to transfer or sell a firearm or
17firearms to any person who is not a federally licensed firearm
18dealer shall, before selling or transferring the firearms,
19contact a federal firearm license dealer under paragraph (1)
20of subsection (a-15) of this Section to conduct the transfer
21or the Illinois State Police with the transferee's or
22purchaser's Firearm Owner's Identification Card number to
23determine the validity of the transferee's or purchaser's
24Firearm Owner's Identification Card under State and federal
25law, including the National Instant Criminal Background Check
26System. This subsection shall not be effective until July 1,

 

 

10200HB5471sam002- 32 -LRB102 24372 RLC 42563 a

12023 January 1, 2024. Until that date the transferor shall
2contact the Illinois State Police with the transferee's or
3purchaser's Firearm Owner's Identification Card number to
4determine the validity of the card. The Illinois State Police
5may adopt rules concerning the implementation of this
6subsection. The Illinois State Police shall provide the seller
7or transferor an approval number if the purchaser's Firearm
8Owner's Identification Card is valid. Approvals issued by the
9Illinois State Police for the purchase of a firearm pursuant
10to this subsection are valid for 30 days from the date of
11issue.
12    (a-15) The provisions of subsection (a-10) of this Section
13do not apply to:
14        (1) transfers that occur at the place of business of a
15    federally licensed firearm dealer, if the federally
16    licensed firearm dealer conducts a background check on the
17    prospective recipient of the firearm in accordance with
18    Section 3.1 of this Act and follows all other applicable
19    federal, State, and local laws as if he or she were the
20    seller or transferor of the firearm, although the dealer
21    is not required to accept the firearm into his or her
22    inventory. The purchaser or transferee may be required by
23    the federally licensed firearm dealer to pay a fee not to
24    exceed $25 per firearm, which the dealer may retain as
25    compensation for performing the functions required under
26    this paragraph, plus the applicable fees authorized by

 

 

10200HB5471sam002- 33 -LRB102 24372 RLC 42563 a

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

 

 

10200HB5471sam002- 34 -LRB102 24372 RLC 42563 a

1        (8) transfers of firearms that have been rendered
2    permanently inoperable to a nonprofit historical society,
3    museum, or institutional collection; and
4        (9) transfers to a person who is exempt from the
5    requirement of possessing a Firearm Owner's Identification
6    Card under Section 2 of this Act.
7    (a-20) The Illinois State Police shall develop an
8Internet-based system for individuals to determine the
9validity of a Firearm Owner's Identification Card prior to the
10sale or transfer of a firearm. The Illinois State Police shall
11have the Internet-based system updated and available for use
12by January 1, 2024. The Illinois State Police shall adopt
13rules not inconsistent with this Section to implement this
14system; but no rule shall allow the Illinois State Police to
15retain records in contravention of State and federal law.
16    (a-25) On or before January 1, 2022, the Illinois State
17Police shall develop an Internet-based system upon which the
18serial numbers of firearms that have been reported stolen are
19available for public access for individuals to ensure any
20firearms are not reported stolen prior to the sale or transfer
21of a firearm under this Section. The Illinois State Police
22shall have the Internet-based system completed and available
23for use by July 1, 2022. The Illinois State Police shall adopt
24rules not inconsistent with this Section to implement this
25system.
26    (b) Any person within this State who transfers or causes

 

 

10200HB5471sam002- 35 -LRB102 24372 RLC 42563 a

1to be transferred any firearm, stun gun, or taser shall keep a
2record of such transfer for a period of 10 years from the date
3of transfer. Any person within this State who receives any
4firearm, stun gun, or taser pursuant to subsection (a-10)
5shall provide a record of the transfer within 10 days of the
6transfer to a federally licensed firearm dealer and shall not
7be required to maintain a transfer record. The federally
8licensed firearm dealer shall maintain the transfer record for
920 years from the date of receipt. A federally licensed
10firearm dealer may charge a fee not to exceed $25 to retain the
11record. The record shall be provided and maintained in either
12an electronic or paper format. The federally licensed firearm
13dealer shall not be liable for the accuracy of any information
14in the transfer record submitted pursuant to this Section.
15Such records shall contain the date of the transfer; the
16description, serial number or other information identifying
17the firearm, stun gun, or taser if no serial number is
18available; and, if the transfer was completed within this
19State, the transferee's Firearm Owner's Identification Card
20number and any approval number or documentation provided by
21the Illinois State Police pursuant to subsection (a-10) of
22this Section; if the transfer was not completed within this
23State, the record shall contain the name and address of the
24transferee. On or after January 1, 2006, the record shall
25contain the date of application for transfer of the firearm.
26On demand of a peace officer such transferor shall produce for

 

 

10200HB5471sam002- 36 -LRB102 24372 RLC 42563 a

1inspection such record of transfer. For any transfer pursuant
2to subsection (a-10) of this Section, on the demand of a peace
3officer, such transferee shall identify the federally licensed
4firearm dealer maintaining the transfer record. If the
5transfer or sale took place at a gun show, the record shall
6include the unique identification number. Failure to record
7the unique identification number or approval number is a petty
8offense. For transfers of a firearm, stun gun, or taser made on
9or after January 18, 2019 (the effective date of Public Act
10100-1178), failure by the private seller to maintain the
11transfer records in accordance with this Section, or failure
12by a transferee pursuant to subsection a-10 of this Section to
13identify the federally licensed firearm dealer maintaining the
14transfer record, is a Class A misdemeanor for the first
15offense and a Class 4 felony for a second or subsequent offense
16occurring within 10 years of the first offense and the second
17offense was committed after conviction of the first offense.
18Whenever any person who has not previously been convicted of
19any violation of subsection (a-5), the court may grant
20supervision pursuant to and consistent with the limitations of
21Section 5-6-1 of the Unified Code of Corrections. A transferee
22or transferor shall not be criminally liable under this
23Section provided that he or she provides the Illinois State
24Police with the transfer records in accordance with procedures
25established by the Illinois State Police. The Illinois State
26Police shall establish, by rule, a standard form on its

 

 

10200HB5471sam002- 37 -LRB102 24372 RLC 42563 a

1website.
2    (b-5) Any resident may purchase ammunition from a person
3within or outside of Illinois if shipment is by United States
4mail or by a private express carrier authorized by federal law
5to ship ammunition. Any resident purchasing ammunition within
6or outside the State of Illinois must provide the seller with a
7copy of his or her valid Firearm Owner's Identification Card
8or valid concealed carry license and either his or her
9Illinois driver's license or Illinois State Identification
10Card prior to the shipment of the ammunition. The ammunition
11may be shipped only to an address on either of those 2
12documents.
13    (c) The provisions of this Section regarding the transfer
14of firearm ammunition shall not apply to those persons
15specified in paragraph (b) of Section 2 of this Act.
16(Source: P.A. 102-237, eff. 1-1-24; 102-538, eff. 8-20-21;
17102-813, eff. 5-13-22.)
 
18    (430 ILCS 65/4)  (from Ch. 38, par. 83-4)
19    Sec. 4. Application for Firearm Owner's Identification
20Cards.
21    (a) Each applicant for a Firearm Owner's Identification
22Card must:
23        (1) Submit an application as made available by the
24    Illinois State Police; and
25        (2) Submit evidence to the Illinois State Police that:

 

 

10200HB5471sam002- 38 -LRB102 24372 RLC 42563 a

1            (i) This subparagraph (i) applies through the
2        180th day following July 12, 2019 (the effective date
3        of Public Act 101-80). He or she is 21 years of age or
4        over, or if he or she is under 21 years of age that he
5        or she has the written consent of his or her parent or
6        legal guardian to possess and acquire firearms and
7        firearm ammunition and that he or she has never been
8        convicted of a misdemeanor other than a traffic
9        offense or adjudged delinquent, provided, however,
10        that such parent or legal guardian is not an
11        individual prohibited from having a Firearm Owner's
12        Identification Card and files an affidavit with the
13        Department as prescribed by the Department stating
14        that he or she is not an individual prohibited from
15        having a Card;
16            (i-5) This subparagraph (i-5) applies on and after
17        the 181st day following July 12, 2019 (the effective
18        date of Public Act 101-80). He or she is 21 years of
19        age or over, or if he or she is under 21 years of age
20        that he or she has never been convicted of a
21        misdemeanor other than a traffic offense or adjudged
22        delinquent and is an active duty member of the United
23        States Armed Forces or the Illinois National Guard or
24        has the written consent of his or her parent or legal
25        guardian to possess and acquire firearms and firearm
26        ammunition, provided, however, that such parent or

 

 

10200HB5471sam002- 39 -LRB102 24372 RLC 42563 a

1        legal guardian is not an individual prohibited from
2        having a Firearm Owner's Identification Card and files
3        an affidavit with the Illinois State Police as
4        prescribed by the Illinois State Police stating that
5        he or she is not an individual prohibited from having a
6        Card or the active duty member of the United States
7        Armed Forces or the Illinois National Guard under 21
8        years of age annually submits proof to the Illinois
9        State Police, in a manner prescribed by the Illinois
10        State Police;
11            (ii) He or she has not been convicted of a felony
12        under the laws of this or any other jurisdiction;
13            (iii) He or she is not addicted to narcotics;
14            (iv) He or she has not been a patient in a mental
15        health facility within the past 5 years or, if he or
16        she has been a patient in a mental health facility more
17        than 5 years ago submit the certification required
18        under subsection (u) of Section 8 of this Act;
19            (v) He or she is not a person with an intellectual
20        disability;
21            (vi) He or she is not a noncitizen who is
22        unlawfully present in the United States under the laws
23        of the United States;
24            (vii) He or she is not subject to an existing order
25        of protection prohibiting him or her from possessing a
26        firearm;

 

 

10200HB5471sam002- 40 -LRB102 24372 RLC 42563 a

1            (viii) He or she has not been convicted within the
2        past 5 years of battery, assault, aggravated assault,
3        violation of an order of protection, or a
4        substantially similar offense in another jurisdiction,
5        in which a firearm was used or possessed;
6            (ix) He or she has not been convicted of domestic
7        battery, aggravated domestic battery, or a
8        substantially similar offense in another jurisdiction
9        committed before, on or after January 1, 2012 (the
10        effective date of Public Act 97-158). If the applicant
11        knowingly and intelligently waives the right to have
12        an offense described in this clause (ix) tried by a
13        jury, and by guilty plea or otherwise, results in a
14        conviction for an offense in which a domestic
15        relationship is not a required element of the offense
16        but in which a determination of the applicability of
17        18 U.S.C. 922(g)(9) is made under Section 112A-11.1 of
18        the Code of Criminal Procedure of 1963, an entry by the
19        court of a judgment of conviction for that offense
20        shall be grounds for denying the issuance of a Firearm
21        Owner's Identification Card under this Section;
22            (x) (Blank);
23            (xi) He or she is not a noncitizen who has been
24        admitted to the United States under a non-immigrant
25        visa (as that term is defined in Section 101(a)(26) of
26        the Immigration and Nationality Act (8 U.S.C.

 

 

10200HB5471sam002- 41 -LRB102 24372 RLC 42563 a

1        1101(a)(26))), or that he or she is a noncitizen who
2        has been lawfully admitted to the United States under
3        a non-immigrant visa if that noncitizen is:
4                (1) admitted to the United States for lawful
5            hunting or sporting purposes;
6                (2) an official representative of a foreign
7            government who is:
8                    (A) accredited to the United States
9                Government or the Government's mission to an
10                international organization having its
11                headquarters in the United States; or
12                    (B) en route to or from another country to
13                which that noncitizen is accredited;
14                (3) an official of a foreign government or
15            distinguished foreign visitor who has been so
16            designated by the Department of State;
17                (4) a foreign law enforcement officer of a
18            friendly foreign government entering the United
19            States on official business; or
20                (5) one who has received a waiver from the
21            Attorney General of the United States pursuant to
22            18 U.S.C. 922(y)(3);
23            (xii) He or she is not a minor subject to a
24        petition filed under Section 5-520 of the Juvenile
25        Court Act of 1987 alleging that the minor is a
26        delinquent minor for the commission of an offense that

 

 

10200HB5471sam002- 42 -LRB102 24372 RLC 42563 a

1        if committed by an adult would be a felony;
2            (xiii) He or she is not an adult who had been
3        adjudicated a delinquent minor under the Juvenile
4        Court Act of 1987 for the commission of an offense that
5        if committed by an adult would be a felony;
6            (xiv) He or she is a resident of the State of
7        Illinois;
8            (xv) He or she has not been adjudicated as a person
9        with a mental disability;
10            (xvi) He or she has not been involuntarily
11        admitted into a mental health facility; and
12            (xvii) He or she is not a person with a
13        developmental disability; and
14        (3) Upon request by the Illinois State Police, sign a
15    release on a form prescribed by the Illinois State Police
16    waiving any right to confidentiality and requesting the
17    disclosure to the Illinois State Police of limited mental
18    health institution admission information from another
19    state, the District of Columbia, any other territory of
20    the United States, or a foreign nation concerning the
21    applicant for the sole purpose of determining whether the
22    applicant is or was a patient in a mental health
23    institution and disqualified because of that status from
24    receiving a Firearm Owner's Identification Card. No mental
25    health care or treatment records may be requested. The
26    information received shall be destroyed within one year of

 

 

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1    receipt.
2    (a-5) Each applicant for a Firearm Owner's Identification
3Card who is over the age of 18 shall furnish to the Illinois
4State Police either his or her Illinois driver's license
5number or Illinois Identification Card number, except as
6provided in subsection (a-10).
7    (a-10) Each applicant for a Firearm Owner's Identification
8Card, who is employed as a law enforcement officer, an armed
9security officer in Illinois, or by the United States Military
10permanently assigned in Illinois and who is not an Illinois
11resident, shall furnish to the Illinois State Police his or
12her driver's license number or state identification card
13number from his or her state of residence. The Illinois State
14Police may adopt rules to enforce the provisions of this
15subsection (a-10).
16    (a-15) If an applicant applying for a Firearm Owner's
17Identification Card moves from the residence address named in
18the application, he or she shall immediately notify in a form
19and manner prescribed by the Illinois State Police of that
20change of address.
21    (a-20) Each applicant for a Firearm Owner's Identification
22Card shall furnish to the Illinois State Police his or her
23photograph. An applicant who is 21 years of age or older
24seeking a religious exemption to the photograph requirement
25must furnish with the application an approved copy of United
26States Department of the Treasury Internal Revenue Service

 

 

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1Form 4029. In lieu of a photograph, an applicant regardless of
2age seeking a religious exemption to the photograph
3requirement shall submit fingerprints on a form and manner
4prescribed by the Illinois State Police with his or her
5application.
6    (a-25) Beginning January 1, 2023, each applicant for the
7issuance of a Firearm Owner's Identification Card may include
8a full set of his or her fingerprints in electronic format to
9the Illinois State Police, unless the applicant has previously
10provided a full set of his or her fingerprints to the Illinois
11State Police under this Act or the Firearm Concealed Carry
12Act.
13    The fingerprints must be transmitted through a live scan
14fingerprint vendor licensed by the Department of Financial and
15Professional Regulation. The fingerprints shall be checked
16against the fingerprint records now and hereafter filed in the
17Illinois State Police and Federal Bureau of Investigation
18criminal history records databases, including all available
19State and local criminal history record information files.
20    The Illinois State Police shall charge applicants a
21one-time fee for conducting the criminal history record check,
22which shall be deposited into the State Police Services Fund
23and shall not exceed the actual cost of the State and national
24criminal history record check.
25    (a-26) The Illinois State Police shall research, explore,
26and report to the General Assembly by January 1, 2022 on the

 

 

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1feasibility of permitting voluntarily submitted fingerprints
2obtained for purposes other than Firearm Owner's
3Identification Card enforcement that are contained in the
4Illinois State Police database for purposes of this Act.
5    (b) Each application form shall include the following
6statement printed in bold type: "Warning: Entering false
7information on an application for a Firearm Owner's
8Identification Card is punishable as a Class 2 felony in
9accordance with subsection (d-5) of Section 14 of the Firearm
10Owners Identification Card Act.".
11    (c) Upon such written consent, pursuant to Section 4,
12paragraph (a)(2)(i), the parent or legal guardian giving the
13consent shall be liable for any damages resulting from the
14applicant's use of firearms or firearm ammunition.
15(Source: P.A. 101-80, eff. 7-12-19; 102-237, eff. 1-1-22;
16102-538, eff. 8-20-21; 102-813, eff. 5-13-22; 102-1030, eff.
175-27-22.)
 
18    (430 ILCS 65/4.1 new)
19    Sec. 4.1. Assault weapon, .50 caliber rifle, assault
20weapon attachment, or .50 caliber cartridge endorsement.
21    (a) The endorsement affidavit form completed pursuant to
22Section 24-1.9 of the Criminal Code of 2012 must be executed
23electronically through the individual's Firearm Owner's
24Identification Card account.
25    (b) The Illinois State Police shall adopt rules in

 

 

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1accordance with this Section for the electronic submission of
2an endorsement affidavit.
3    (c) Entering false information on the endorsement
4affidavit form is a violation of this Act and is also
5punishable as perjury under Section 32-2 of the Criminal Code
6of 2012.
 
7    (430 ILCS 65/8)  (from Ch. 38, par. 83-8)
8    Sec. 8. Grounds for denial and revocation. The Illinois
9State Police has authority to deny an application for or to
10revoke and seize a Firearm Owner's Identification Card
11previously issued under this Act only if the Illinois State
12Police finds that the applicant or the person to whom such card
13was issued is or was at the time of issuance:
14        (a) A person under 21 years of age who has been
15    convicted of a misdemeanor other than a traffic offense or
16    adjudged delinquent;
17        (b) This subsection (b) applies through the 180th day
18    following July 12, 2019 (the effective date of Public Act
19    101-80). A person under 21 years of age who does not have
20    the written consent of his parent or guardian to acquire
21    and possess firearms and firearm ammunition, or whose
22    parent or guardian has revoked such written consent, or
23    where such parent or guardian does not qualify to have a
24    Firearm Owner's Identification Card;
25        (b-5) This subsection (b-5) applies on and after the

 

 

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1    181st day following July 12, 2019 (the effective date of
2    Public Act 101-80). A person under 21 years of age who is
3    not an active duty member of the United States Armed
4    Forces or the Illinois National Guard and does not have
5    the written consent of his or her parent or guardian to
6    acquire and possess firearms and firearm ammunition, or
7    whose parent or guardian has revoked such written consent,
8    or where such parent or guardian does not qualify to have a
9    Firearm Owner's Identification Card;
10        (c) A person convicted of a felony under the laws of
11    this or any other jurisdiction;
12        (d) A person addicted to narcotics;
13        (e) A person who has been a patient of a mental health
14    facility within the past 5 years or a person who has been a
15    patient in a mental health facility more than 5 years ago
16    who has not received the certification required under
17    subsection (u) of this Section. An active law enforcement
18    officer employed by a unit of government or a Department
19    of Corrections employee authorized to possess firearms who
20    is denied, revoked, or has his or her Firearm Owner's
21    Identification Card seized under this subsection (e) may
22    obtain relief as described in subsection (c-5) of Section
23    10 of this Act if the officer or employee did not act in a
24    manner threatening to the officer or employee, another
25    person, or the public as determined by the treating
26    clinical psychologist or physician, and the officer or

 

 

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1    employee seeks mental health treatment;
2        (f) A person whose mental condition is of such a
3    nature that it poses a clear and present danger to the
4    applicant, any other person or persons, or the community;
5        (g) A person who has an intellectual disability;
6        (h) A person who intentionally makes a false statement
7    in the Firearm Owner's Identification Card application or
8    endorsement affidavit;
9        (i) A noncitizen who is unlawfully present in the
10    United States under the laws of the United States;
11        (i-5) A noncitizen who has been admitted to the United
12    States under a non-immigrant visa (as that term is defined
13    in Section 101(a)(26) of the Immigration and Nationality
14    Act (8 U.S.C. 1101(a)(26))), except that this subsection
15    (i-5) does not apply to any noncitizen who has been
16    lawfully admitted to the United States under a
17    non-immigrant visa if that noncitizen is:
18            (1) admitted to the United States for lawful
19        hunting or sporting purposes;
20            (2) an official representative of a foreign
21        government who is:
22                (A) accredited to the United States Government
23            or the Government's mission to an international
24            organization having its headquarters in the United
25            States; or
26                (B) en route to or from another country to

 

 

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1            which that noncitizen is accredited;
2            (3) an official of a foreign government or
3        distinguished foreign visitor who has been so
4        designated by the Department of State;
5            (4) a foreign law enforcement officer of a
6        friendly foreign government entering the United States
7        on official business; or
8            (5) one who has received a waiver from the
9        Attorney General of the United States pursuant to 18
10        U.S.C. 922(y)(3);
11        (j) (Blank);
12        (k) A person who has been convicted within the past 5
13    years of battery, assault, aggravated assault, violation
14    of an order of protection, or a substantially similar
15    offense in another jurisdiction, in which a firearm was
16    used or possessed;
17        (l) A person who has been convicted of domestic
18    battery, aggravated domestic battery, or a substantially
19    similar offense in another jurisdiction committed before,
20    on or after January 1, 2012 (the effective date of Public
21    Act 97-158). If the applicant or person who has been
22    previously issued a Firearm Owner's Identification Card
23    under this Act knowingly and intelligently waives the
24    right to have an offense described in this paragraph (l)
25    tried by a jury, and by guilty plea or otherwise, results
26    in a conviction for an offense in which a domestic

 

 

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1    relationship is not a required element of the offense but
2    in which a determination of the applicability of 18 U.S.C.
3    922(g)(9) is made under Section 112A-11.1 of the Code of
4    Criminal Procedure of 1963, an entry by the court of a
5    judgment of conviction for that offense shall be grounds
6    for denying an application for and for revoking and
7    seizing a Firearm Owner's Identification Card previously
8    issued to the person under this Act;
9        (m) (Blank);
10        (n) A person who is prohibited from acquiring or
11    possessing firearms or firearm ammunition by any Illinois
12    State statute or by federal law;
13        (o) A minor subject to a petition filed under Section
14    5-520 of the Juvenile Court Act of 1987 alleging that the
15    minor is a delinquent minor for the commission of an
16    offense that if committed by an adult would be a felony;
17        (p) An adult who had been adjudicated a delinquent
18    minor under the Juvenile Court Act of 1987 for the
19    commission of an offense that if committed by an adult
20    would be a felony;
21        (q) A person who is not a resident of the State of
22    Illinois, except as provided in subsection (a-10) of
23    Section 4;
24        (r) A person who has been adjudicated as a person with
25    a mental disability;
26        (s) A person who has been found to have a

 

 

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1    developmental disability;
2        (t) A person involuntarily admitted into a mental
3    health facility; or
4        (u) A person who has had his or her Firearm Owner's
5    Identification Card revoked or denied under subsection (e)
6    of this Section or item (iv) of paragraph (2) of
7    subsection (a) of Section 4 of this Act because he or she
8    was a patient in a mental health facility as provided in
9    subsection (e) of this Section, shall not be permitted to
10    obtain a Firearm Owner's Identification Card, after the
11    5-year period has lapsed, unless he or she has received a
12    mental health evaluation by a physician, clinical
13    psychologist, or qualified examiner as those terms are
14    defined in the Mental Health and Developmental
15    Disabilities Code, and has received a certification that
16    he or she is not a clear and present danger to himself,
17    herself, or others. The physician, clinical psychologist,
18    or qualified examiner making the certification and his or
19    her employer shall not be held criminally, civilly, or
20    professionally liable for making or not making the
21    certification required under this subsection, except for
22    willful or wanton misconduct. This subsection does not
23    apply to a person whose firearm possession rights have
24    been restored through administrative or judicial action
25    under Section 10 or 11 of this Act.
26    Upon revocation of a person's Firearm Owner's

 

 

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1Identification Card, the Illinois State Police shall provide
2notice to the person and the person shall comply with Section
39.5 of this Act.
4(Source: P.A. 101-80, eff. 7-12-19; 102-538, eff. 8-20-21;
5102-645, eff. 1-1-22; 102-813, eff. 5-13-22; 102-1030, eff.
65-27-22.)
 
7    Section 15. The Firearms Restraining Order Act is amended
8by changing Sections 40, 45, and 55 as follows:
 
9    (430 ILCS 67/40)
10    Sec. 40. Plenary Six-month orders.
11    (a) A petitioner may request a 6-month firearms
12restraining order for up to one year by filing an affidavit or
13verified pleading alleging that the respondent poses a
14significant danger of causing personal injury to himself,
15herself, or another in the near future by having in his or her
16custody or control, purchasing, possessing, or receiving a
17firearm, ammunition, and firearm parts that could be assembled
18to make an operable firearm. The petition shall also describe
19the number, types, and locations of any firearms, ammunition,
20and firearm parts that could be assembled to make an operable
21firearm presently believed by the petitioner to be possessed
22or controlled by the respondent. The firearms restraining
23order may be renewed for an additional period of up to one year
24in accordance with Section 45 of this Act.

 

 

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1    (b) If the respondent is alleged to pose a significant
2danger of causing personal injury to an intimate partner, or
3an intimate partner is alleged to have been the target of a
4threat or act of violence by the respondent, the petitioner
5shall make a good faith effort to provide notice to any and all
6intimate partners of the respondent. The notice must include
7the duration of time that the petitioner intends to petition
8the court for a 6-month firearms restraining order, and, if
9the petitioner is a law enforcement officer, referral to
10relevant domestic violence or stalking advocacy or counseling
11resources, if appropriate. The petitioner shall attest to
12having provided the notice in the filed affidavit or verified
13pleading. If, after making a good faith effort, the petitioner
14is unable to provide notice to any or all intimate partners,
15the affidavit or verified pleading should describe what
16efforts were made.
17    (c) Every person who files a petition for a plenary
186-month firearms restraining order, knowing the information
19provided to the court at any hearing or in the affidavit or
20verified pleading to be false, is guilty of perjury under
21Section 32-2 of the Criminal Code of 2012.
22    (d) Upon receipt of a petition for a plenary 6-month
23firearms restraining order, the court shall order a hearing
24within 30 days.
25    (e) In determining whether to issue a firearms restraining
26order under this Section, the court shall consider evidence

 

 

10200HB5471sam002- 54 -LRB102 24372 RLC 42563 a

1including, but not limited to, the following:
2        (1) The unlawful and reckless use, display, or
3    brandishing of a firearm, ammunition, and firearm parts
4    that could be assembled to make an operable firearm by the
5    respondent.
6        (2) The history of use, attempted use, or threatened
7    use of physical force by the respondent against another
8    person.
9        (3) Any prior arrest of the respondent for a felony
10    offense.
11        (4) Evidence of the abuse of controlled substances or
12    alcohol by the respondent.
13        (5) A recent threat of violence or act of violence by
14    the respondent directed toward himself, herself, or
15    another.
16        (6) A violation of an emergency order of protection
17    issued under Section 217 of the Illinois Domestic Violence
18    Act of 1986 or Section 112A-17 of the Code of Criminal
19    Procedure of 1963 or of an order of protection issued
20    under Section 214 of the Illinois Domestic Violence Act of
21    1986 or Section 112A-14 of the Code of Criminal Procedure
22    of 1963.
23        (7) A pattern of violent acts or violent threats,
24    including, but not limited to, threats of violence or acts
25    of violence by the respondent directed toward himself,
26    herself, or another.

 

 

10200HB5471sam002- 55 -LRB102 24372 RLC 42563 a

1    (f) At the hearing, the petitioner shall have the burden
2of proving, by clear and convincing evidence, that the
3respondent poses a significant danger of personal injury to
4himself, herself, or another by having in his or her custody or
5control, purchasing, possessing, or receiving a firearm,
6ammunition, and firearm parts that could be assembled to make
7an operable firearm.
8    (g) If the court finds that there is clear and convincing
9evidence to issue a plenary firearms restraining order, the
10court shall issue a firearms restraining order that shall be
11in effect for up to one year, but not less than 6 months, 6
12months subject to renewal under Section 45 of this Act or
13termination under that Section.
14    (g-5) If the court issues a plenary 6-month firearms
15restraining order, it shall, upon a finding of probable cause
16that the respondent possesses firearms, ammunition, and
17firearm parts that could be assembled to make an operable
18firearm, issue a search warrant directing a law enforcement
19agency to seize the respondent's firearms, ammunition, and
20firearm parts that could be assembled to make an operable
21firearm. The court may, as part of that warrant, direct the law
22enforcement agency to search the respondent's residence and
23other places where the court finds there is probable cause to
24believe he or she is likely to possess the firearms,
25ammunition, and firearm parts that could be assembled to make
26an operable firearm. A return of the search warrant shall be

 

 

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1filed by the law enforcement agency within 4 days thereafter,
2setting forth the time, date, and location that the search
3warrant was executed and what items, if any, were seized.
4    (h) A plenary 6-month firearms restraining order shall
5require:
6        (1) the respondent to refrain from having in his or
7    her custody or control, purchasing, possessing, or
8    receiving additional firearms, ammunition, and firearm
9    parts that could be assembled to make an operable firearm
10    for the duration of the order under Section 8.2 of the
11    Firearm Owners Identification Card Act; and
12        (2) the respondent to comply with Section 9.5 of the
13    Firearm Owners Identification Card Act and subsection (g)
14    of Section 70 of the Firearm Concealed Carry Act.
15    (i) Except as otherwise provided in subsection (i-5) of
16this Section, upon expiration of the period of safekeeping, if
17the firearms, ammunition, and firearm parts that could be
18assembled to make an operable firearm or Firearm Owner's
19Identification Card cannot be returned to the respondent
20because the respondent cannot be located, fails to respond to
21requests to retrieve the firearms, ammunition, and firearm
22parts that could be assembled to make an operable firearm, or
23is not lawfully eligible to possess a firearm, ammunition, and
24firearm parts that could be assembled to make an operable
25firearm, upon petition from the local law enforcement agency,
26the court may order the local law enforcement agency to

 

 

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1destroy the firearms, ammunition, and firearm parts that could
2be assembled to make an operable firearm, use the firearms,
3ammunition, and firearm parts that could be assembled to make
4an operable firearm for training purposes, or use the
5firearms, ammunition, and firearm parts that could be
6assembled to make an operable firearm for any other
7application as deemed appropriate by the local law enforcement
8agency.
9    (i-5) A respondent whose Firearm Owner's Identification
10Card has been revoked or suspended may petition the court, if
11the petitioner is present in court or has notice of the
12respondent's petition, to transfer the respondent's firearm,
13ammunition, and firearm parts that could be assembled to make
14an operable firearm to a person who is lawfully able to possess
15the firearm, ammunition, and firearm parts that could be
16assembled to make an operable firearm if the person does not
17reside at the same address as the respondent. Notice of the
18petition shall be served upon the person protected by the
19emergency firearms restraining order. While the order is in
20effect, the transferee who receives the respondent's firearms,
21ammunition, and firearm parts that could be assembled to make
22an operable firearm must swear or affirm by affidavit that he
23or she shall not transfer the firearm, ammunition, and firearm
24parts that could be assembled to make an operable firearm to
25the respondent or to anyone residing in the same residence as
26the respondent.

 

 

10200HB5471sam002- 58 -LRB102 24372 RLC 42563 a

1    (i-6) If a person other than the respondent claims title
2to any firearms, ammunition, and firearm parts that could be
3assembled to make an operable firearm surrendered under this
4Section, he or she may petition the court, if the petitioner is
5present in court or has notice of the petition, to have the
6firearm, ammunition, and firearm parts that could be assembled
7to make an operable firearm returned to him or her. If the
8court determines that person to be the lawful owner of the
9firearm, ammunition, and firearm parts that could be assembled
10to make an operable firearm, the firearm, ammunition, and
11firearm parts that could be assembled to make an operable
12firearm shall be returned to him or her, provided that:
13        (1) the firearm, ammunition, and firearm parts that
14    could be assembled to make an operable firearm are removed
15    from the respondent's custody, control, or possession and
16    the lawful owner agrees to store the firearm, ammunition,
17    and firearm parts that could be assembled to make an
18    operable firearm in a manner such that the respondent does
19    not have access to or control of the firearm, ammunition,
20    and firearm parts that could be assembled to make an
21    operable firearm; and
22        (2) the firearm, ammunition, and firearm parts that
23    could be assembled to make an operable firearm are not
24    otherwise unlawfully possessed by the owner.
25    The person petitioning for the return of his or her
26firearm, ammunition, and firearm parts that could be assembled

 

 

10200HB5471sam002- 59 -LRB102 24372 RLC 42563 a

1to make an operable firearm must swear or affirm by affidavit
2that he or she: (i) is the lawful owner of the firearm,
3ammunition, and firearm parts that could be assembled to make
4an operable firearm; (ii) shall not transfer the firearm,
5ammunition, and firearm parts that could be assembled to make
6an operable firearm to the respondent; and (iii) will store
7the firearm, ammunition, and firearm parts that could be
8assembled to make an operable firearm in a manner that the
9respondent does not have access to or control of the firearm,
10ammunition, and firearm parts that could be assembled to make
11an operable firearm.
12    (j) If the court does not issue a firearms restraining
13order at the hearing, the court shall dissolve any emergency
14firearms restraining order then in effect.
15    (k) When the court issues a firearms restraining order
16under this Section, the court shall inform the respondent that
17he or she is entitled to one hearing during the period of the
18order to request a termination of the order, under Section 45
19of this Act, and shall provide the respondent with a form to
20request a hearing.
21(Source: P.A. 101-81, eff. 7-12-19; 102-237, eff. 1-1-22;
22102-345, eff. 6-1-22; 102-538, eff. 8-20-21; 102-813, eff.
235-13-22.)
 
24    (430 ILCS 67/45)
25    Sec. 45. Termination and renewal.

 

 

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1    (a) A person subject to a firearms restraining order
2issued under this Act may submit one written request at any
3time during the effective period of the order for a hearing to
4terminate the order.
5        (1) The respondent shall have the burden of proving by
6    a preponderance of the evidence that the respondent does
7    not pose a danger of causing personal injury to himself,
8    herself, or another in the near future by having in his or
9    her custody or control, purchasing, possessing, or
10    receiving a firearm, ammunition, and firearm parts that
11    could be assembled to make an operable firearm.
12        (2) If the court finds after the hearing that the
13    respondent has met his or her burden, the court shall
14    terminate the order.
15    (b) A petitioner may request a renewal of a firearms
16restraining order at any time within the 3 months before the
17expiration of a firearms restraining order.
18        (1) A court shall, after notice and a hearing, renew a
19    firearms restraining order issued under this part if the
20    petitioner proves, by clear and convincing evidence, that
21    the respondent continues to pose a danger of causing
22    personal injury to himself, herself, or another in the
23    near future by having in his or her custody or control,
24    purchasing, possessing, or receiving a firearm,
25    ammunition, and firearm parts that could be assembled to
26    make an operable firearm.

 

 

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1        (2) In determining whether to renew a firearms
2    restraining order issued under this Act, the court shall
3    consider evidence of the facts identified in subsection
4    (e) of Section 40 of this Act and any other evidence of an
5    increased risk for violence.
6        (3) At the hearing, the petitioner shall have the
7    burden of proving by clear and convincing evidence that
8    the respondent continues to pose a danger of causing
9    personal injury to himself, herself, or another in the
10    near future by having in his or her custody or control,
11    purchasing, possessing, or receiving a firearm,
12    ammunition, and firearm parts that could be assembled to
13    make an operable firearm.
14        (4) The renewal of a firearms restraining order issued
15    under this Section shall be in effect for up to one year
16    and may be renewed for an additional period of up to one
17    year 6 months, subject to termination by further order of
18    the court at a hearing held under this Section and further
19    renewal by further order of the court under this Section.
20(Source: P.A. 101-81, eff. 7-12-19; 102-345, eff. 6-1-22.)
 
21    (430 ILCS 67/55)
22    Sec. 55. Data maintenance by law enforcement agencies.
23    (a) All sheriffs shall furnish to the Illinois State
24Police, daily, in the form and detail the Illinois State
25Police Department requires, copies of any recorded firearms

 

 

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1restraining orders issued by the court, and any foreign orders
2of protection filed by the clerk of the court, and transmitted
3to the sheriff by the clerk of the court under Section 50. Each
4firearms restraining order shall be entered in the Law
5Enforcement Agencies Data System (LEADS) on the same day it is
6issued by the court. If an emergency firearms restraining
7order was issued in accordance with Section 35 of this Act, the
8order shall be entered in the Law Enforcement Agencies Data
9System (LEADS) as soon as possible after receipt from the
10clerk.
11    (b) The Illinois State Police shall maintain a complete
12and systematic record and index of all valid and recorded
13firearms restraining orders issued or filed under this Act.
14The data shall be used to inform all dispatchers and law
15enforcement officers at the scene of a violation of a firearms
16restraining order of the effective dates and terms of any
17recorded order of protection.
18    (c) The data, records, and transmittals required under
19this Section shall pertain to any valid emergency or plenary
206-month firearms restraining order, whether issued in a civil
21or criminal proceeding or authorized under the laws of another
22state, tribe, or United States territory.
23(Source: P.A. 101-81, eff. 7-12-19; 102-538, eff. 8-20-21.)
 
24    Section 25. The Criminal Code of 2012 is amended by
25changing Section 24-1 and by adding Sections 24-1.9 and

 

 

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124-1.10 as follows:
 
2    (720 ILCS 5/24-1)  (from Ch. 38, par. 24-1)
3    Sec. 24-1. Unlawful use of weapons.
4    (a) A person commits the offense of unlawful use of
5weapons when he knowingly:
6        (1) Sells, manufactures, purchases, possesses or
7    carries any bludgeon, black-jack, slung-shot, sand-club,
8    sand-bag, metal knuckles or other knuckle weapon
9    regardless of its composition, throwing star, or any
10    knife, commonly referred to as a switchblade knife, which
11    has a blade that opens automatically by hand pressure
12    applied to a button, spring or other device in the handle
13    of the knife, or a ballistic knife, which is a device that
14    propels a knifelike blade as a projectile by means of a
15    coil spring, elastic material or compressed gas; or
16        (2) Carries or possesses with intent to use the same
17    unlawfully against another, a dagger, dirk, billy,
18    dangerous knife, razor, stiletto, broken bottle or other
19    piece of glass, stun gun or taser or any other dangerous or
20    deadly weapon or instrument of like character; or
21        (2.5) Carries or possesses with intent to use the same
22    unlawfully against another, any firearm in a church,
23    synagogue, mosque, or other building, structure, or place
24    used for religious worship; or
25        (3) Carries on or about his person or in any vehicle, a

 

 

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1    tear gas gun projector or bomb or any object containing
2    noxious liquid gas or substance, other than an object
3    containing a non-lethal noxious liquid gas or substance
4    designed solely for personal defense carried by a person
5    18 years of age or older; or
6        (4) Carries or possesses in any vehicle or concealed
7    on or about his person except when on his land or in his
8    own abode, legal dwelling, or fixed place of business, or
9    on the land or in the legal dwelling of another person as
10    an invitee with that person's permission, any pistol,
11    revolver, stun gun or taser or other firearm, except that
12    this subsection (a) (4) does not apply to or affect
13    transportation of weapons that meet one of the following
14    conditions:
15            (i) are broken down in a non-functioning state; or
16            (ii) are not immediately accessible; or
17            (iii) are unloaded and enclosed in a case, firearm
18        carrying box, shipping box, or other container by a
19        person who has been issued a currently valid Firearm
20        Owner's Identification Card; or
21            (iv) are carried or possessed in accordance with
22        the Firearm Concealed Carry Act by a person who has
23        been issued a currently valid license under the
24        Firearm Concealed Carry Act; or
25        (5) Sets a spring gun; or
26        (6) Possesses any device or attachment of any kind

 

 

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1    designed, used or intended for use in silencing the report
2    of any firearm; or
3        (7) Sells, manufactures, purchases, possesses or
4    carries:
5            (i) a machine gun, which shall be defined for the
6        purposes of this subsection as any weapon, which
7        shoots, is designed to shoot, or can be readily
8        restored to shoot, automatically more than one shot
9        without manually reloading by a single function of the
10        trigger, including the frame or receiver of any such
11        weapon, or sells, manufactures, purchases, possesses,
12        or carries any combination of parts designed or
13        intended for use in converting any weapon into a
14        machine gun, or any combination or parts from which a
15        machine gun can be assembled if such parts are in the
16        possession or under the control of a person;
17            (ii) any rifle having one or more barrels less
18        than 16 inches in length or a shotgun having one or
19        more barrels less than 18 inches in length or any
20        weapon made from a rifle or shotgun, whether by
21        alteration, modification, or otherwise, if such a
22        weapon as modified has an overall length of less than
23        26 inches; or
24            (iii) any bomb, bomb-shell, grenade, bottle or
25        other container containing an explosive substance of
26        over one-quarter ounce for like purposes, such as, but

 

 

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1        not limited to, black powder bombs and Molotov
2        cocktails or artillery projectiles; or
3        (8) Carries or possesses any firearm, stun gun or
4    taser or other deadly weapon in any place which is
5    licensed to sell intoxicating beverages, or at any public
6    gathering held pursuant to a license issued by any
7    governmental body or any public gathering at which an
8    admission is charged, excluding a place where a showing,
9    demonstration or lecture involving the exhibition of
10    unloaded firearms is conducted.
11        This subsection (a)(8) does not apply to any auction
12    or raffle of a firearm held pursuant to a license or permit
13    issued by a governmental body, nor does it apply to
14    persons engaged in firearm safety training courses; or
15        (9) Carries or possesses in a vehicle or on or about
16    his or her person any pistol, revolver, stun gun or taser
17    or firearm or ballistic knife, when he or she is hooded,
18    robed or masked in such manner as to conceal his or her
19    identity; or
20        (10) Carries or possesses on or about his or her
21    person, upon any public street, alley, or other public
22    lands within the corporate limits of a city, village, or
23    incorporated town, except when an invitee thereon or
24    therein, for the purpose of the display of such weapon or
25    the lawful commerce in weapons, or except when on his land
26    or in his or her own abode, legal dwelling, or fixed place

 

 

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1    of business, or on the land or in the legal dwelling of
2    another person as an invitee with that person's
3    permission, any pistol, revolver, stun gun, or taser or
4    other firearm, except that this subsection (a) (10) does
5    not apply to or affect transportation of weapons that meet
6    one of the following conditions:
7            (i) are broken down in a non-functioning state; or
8            (ii) are not immediately accessible; or
9            (iii) are unloaded and enclosed in a case, firearm
10        carrying box, shipping box, or other container by a
11        person who has been issued a currently valid Firearm
12        Owner's Identification Card; or
13            (iv) are carried or possessed in accordance with
14        the Firearm Concealed Carry Act by a person who has
15        been issued a currently valid license under the
16        Firearm Concealed Carry Act.
17        A "stun gun or taser", as used in this paragraph (a)
18    means (i) any device which is powered by electrical
19    charging units, such as, batteries, and which fires one or
20    several barbs attached to a length of wire and which, upon
21    hitting a human, can send out a current capable of
22    disrupting the person's nervous system in such a manner as
23    to render him incapable of normal functioning or (ii) any
24    device which is powered by electrical charging units, such
25    as batteries, and which, upon contact with a human or
26    clothing worn by a human, can send out current capable of

 

 

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1    disrupting the person's nervous system in such a manner as
2    to render him incapable of normal functioning; or
3        (11) Sells, manufactures, delivers, imports,
4    possesses, or purchases any assault weapon attachment or
5    .50 caliber cartridge in violation of Section 24-1.9 or
6    any explosive bullet. For purposes of this paragraph (a)
7    "explosive bullet" means the projectile portion of an
8    ammunition cartridge which contains or carries an
9    explosive charge which will explode upon contact with the
10    flesh of a human or an animal. "Cartridge" means a tubular
11    metal case having a projectile affixed at the front
12    thereof and a cap or primer at the rear end thereof, with
13    the propellant contained in such tube between the
14    projectile and the cap; or
15        (12) (Blank); or
16        (13) Carries or possesses on or about his or her
17    person while in a building occupied by a unit of
18    government, a billy club, other weapon of like character,
19    or other instrument of like character intended for use as
20    a weapon. For the purposes of this Section, "billy club"
21    means a short stick or club commonly carried by police
22    officers which is either telescopic or constructed of a
23    solid piece of wood or other man-made material; or
24        (14) Manufactures, possesses, sells, or offers to
25    sell, purchase, manufacture, import, transfer, or use any
26    device, part, kit, tool, accessory, or combination of

 

 

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1    parts that is designed to and functions to increase the
2    rate of fire of a semiautomatic firearm above the standard
3    rate of fire for semiautomatic firearms that is not
4    equipped with that device, part, or combination of parts;
5    or
6        (15) Carries or possesses any assault weapon or .50
7    caliber rifle in violation of Section 24-1.9; or
8        (16) Manufactures, sells, delivers, imports, or
9    purchases any assault weapon or .50 caliber rifle in
10    violation of Section 24-1.9.
11    (b) Sentence. A person convicted of a violation of
12subsection 24-1(a)(1) through (5), subsection 24-1(a)(10),
13subsection 24-1(a)(11), or subsection 24-1(a)(13), or
1424-1(a)(15) commits a Class A misdemeanor. A person convicted
15of a violation of subsection 24-1(a)(8) or 24-1(a)(9) commits
16a Class 4 felony; a person convicted of a violation of
17subsection 24-1(a)(6), or 24-1(a)(7)(ii), 24-1(a)(7)(iii), or
1824-1(a)(16) or (iii) commits a Class 3 felony. A person
19convicted of a violation of subsection 24-1(a)(7)(i) commits a
20Class 2 felony and shall be sentenced to a term of imprisonment
21of not less than 3 years and not more than 7 years, unless the
22weapon is possessed in the passenger compartment of a motor
23vehicle as defined in Section 1-146 of the Illinois Vehicle
24Code, or on the person, while the weapon is loaded, in which
25case it shall be a Class X felony. A person convicted of a
26second or subsequent violation of subsection 24-1(a)(4),

 

 

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124-1(a)(8), 24-1(a)(9), or 24-1(a)(10), or 24-1(a)(15)
2commits a Class 3 felony. A person convicted of a violation of
3subsection 24-1(a)(2.5) or 24-1(a)(14) commits a Class 2
4felony. The possession of each weapon or device in violation
5of this Section constitutes a single and separate violation.
6    (c) Violations in specific places.
7        (1) A person who violates subsection 24-1(a)(6) or
8    24-1(a)(7) in any school, regardless of the time of day or
9    the time of year, in residential property owned, operated
10    or managed by a public housing agency or leased by a public
11    housing agency as part of a scattered site or mixed-income
12    development, in a public park, in a courthouse, on the
13    real property comprising any school, regardless of the
14    time of day or the time of year, on residential property
15    owned, operated or managed by a public housing agency or
16    leased by a public housing agency as part of a scattered
17    site or mixed-income development, on the real property
18    comprising any public park, on the real property
19    comprising any courthouse, in any conveyance owned, leased
20    or contracted by a school to transport students to or from
21    school or a school related activity, in any conveyance
22    owned, leased, or contracted by a public transportation
23    agency, or on any public way within 1,000 feet of the real
24    property comprising any school, public park, courthouse,
25    public transportation facility, or residential property
26    owned, operated, or managed by a public housing agency or

 

 

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

 

 

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

 

 

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1        (3) Paragraphs (1), (1.5), and (2) of this subsection
2    (c) shall not apply to law enforcement officers or
3    security officers of such school, college, or university
4    or to students carrying or possessing firearms for use in
5    training courses, parades, hunting, target shooting on
6    school ranges, or otherwise with the consent of school
7    authorities and which firearms are transported unloaded
8    enclosed in a suitable case, box, or transportation
9    package.
10        (4) For the purposes of this subsection (c), "school"
11    means any public or private elementary or secondary
12    school, community college, college, or university.
13        (5) For the purposes of this subsection (c), "public
14    transportation agency" means a public or private agency
15    that provides for the transportation or conveyance of
16    persons by means available to the general public, except
17    for transportation by automobiles not used for conveyance
18    of the general public as passengers; and "public
19    transportation facility" means a terminal or other place
20    where one may obtain public transportation.
21    (d) The presence in an automobile other than a public
22omnibus of any weapon, instrument or substance referred to in
23subsection (a)(7) is prima facie evidence that it is in the
24possession of, and is being carried by, all persons occupying
25such automobile at the time such weapon, instrument or
26substance is found, except under the following circumstances:

 

 

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1(i) if such weapon, instrument or instrumentality is found
2upon the person of one of the occupants therein; or (ii) if
3such weapon, instrument or substance is found in an automobile
4operated for hire by a duly licensed driver in the due, lawful
5and proper pursuit of his or her trade, then such presumption
6shall not apply to the driver.
7    (e) Exemptions.
8        (1) Crossbows, Common or Compound bows and Underwater
9    Spearguns are exempted from the definition of ballistic
10    knife as defined in paragraph (1) of subsection (a) of
11    this Section.
12        (2) The provision of paragraph (1) of subsection (a)
13    of this Section prohibiting the sale, manufacture,
14    purchase, possession, or carrying of any knife, commonly
15    referred to as a switchblade knife, which has a blade that
16    opens automatically by hand pressure applied to a button,
17    spring or other device in the handle of the knife, does not
18    apply to a person who possesses a currently valid Firearm
19    Owner's Identification Card previously issued in his or
20    her name by the Illinois State Police or to a person or an
21    entity engaged in the business of selling or manufacturing
22    switchblade knives.
23(Source: P.A. 101-223, eff. 1-1-20; 102-538, eff. 8-20-21.)
 
24    (720 ILCS 5/24-1.9 new)
25    Sec. 24-1.9. Manufacture, possession, delivery, sale, and

 

 

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1purchase of assault weapons, .50 caliber rifles, and .50
2caliber cartridges.
3    (a) Definitions. In this Section:
4    (1) "Assault weapon" means any of the following, except as
5provided in subdivision (2) of this subsection:
6        (A) A semiautomatic rifle that has the capacity to
7    accept a detachable magazine or that may be readily
8    modified to accept a detachable magazine, if the firearm
9    has one or more of the following:
10            (i) a pistol grip or thumbhole stock;
11            (ii) any feature capable of functioning as a
12        protruding grip that can be held by the non-trigger
13        hand;
14            (iii) a folding, telescoping, thumbhole, or
15        detachable stock, or a stock that is otherwise
16        foldable or adjustable in a manner that operates to
17        reduce the length, size, or any other dimension, or
18        otherwise enhances the concealability of, the weapon;
19            (iv) a flash suppressor;
20            (v) a grenade launcher;
21            (vi) a shroud attached to the barrel or that
22        partially or completely encircles the barrel, allowing
23        the bearer to hold the firearm with the non-trigger
24        hand without being burned, but excluding a slide that
25        encloses the barrel.
26        (B) A semiautomatic rifle that has a fixed magazine

 

 

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1    with the capacity to accept more than 10 rounds, except
2    for an attached tubular device designed to accept, and
3    capable of operating only with, .22 caliber rimfire
4    ammunition.
5        (C) A semiautomatic pistol that has the capacity to
6    accept a detachable magazine or that may be readily
7    modified to accept a detachable magazine, if the firearm
8    has one or more of the following:
9            (i) a threaded barrel;
10            (ii) a second pistol grip or another feature
11        capable of functioning as a protruding grip that can
12        be held by the non-trigger hand;
13            (iii) a shroud attached to the barrel or that
14        partially or completely encircles the barrel, allowing
15        the bearer to hold the firearm with the non-trigger
16        hand without being burned, but excluding a slide that
17        encloses the barrel;
18            (iv) a flash suppressor;
19            (v) the capacity to accept a detachable magazine
20        at some location outside of the pistol grip; or
21            (vi) a buffer tube, arm brace, or other part that
22        protrudes horizontally behind the pistol grip and is
23        designed or redesigned to allow or facilitate a
24        firearm to be fired from the shoulder.
25        (D) A semiautomatic pistol that has a fixed magazine
26    with the capacity to accept more than 15 rounds.

 

 

10200HB5471sam002- 77 -LRB102 24372 RLC 42563 a

1        (E) Any shotgun with a revolving cylinder.
2        (F) A semiautomatic shotgun that has one or more of
3    the following:
4            (i) a pistol grip or thumbhole stock;
5            (ii) any feature capable of functioning as a
6        protruding grip that can be held by the non-trigger
7        hand;
8            (iii) a folding, telescoping, or thumbhole stock;
9            (iv) a grenade launcher;
10            (v) a fixed magazine with the capacity to accept
11        or may be readily modified to accept more than five
12        rounds; or
13            (vi) the capacity to accept a detachable magazine.
14        (G) Any semiautomatic firearm that has the capacity to
15    accept a belt ammunition feeding device.
16        (H) Any firearm that has been modified to be operable
17    as an assault weapon as defined in this Section.
18        (I) Any part or combination of parts designed or
19    intended to convert a firearm into an assault weapon,
20    including any combination of parts from which an assault
21    weapon may be readily assembled if those parts are in the
22    possession or under the control of the same person.
23        (J) All of the following rifles, copies, duplicates,
24    variants, or altered facsimiles with the capability of any
25    such weapon:
26            (i) All AK types, including the following:

 

 

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1                (I) AK, AK47, AK47S, AK74, AKM, AKS, ARM,
2            MAK90, MISR, NHM90, NHM91, SA85, SA93, Vector Arms
3            AK47, VEPR, WASR10, and WUM.
4                (II) IZHMASH Saiga AK.
5                (III) MAADI AK47 and ARM.
6                (IV) Norinco 56S, 56S2, 84S, and 86S.
7                (V) Poly Technologies AK47 and AKS.
8                (VI) SKS with a detachable magazine.
9            (ii) all AR types, including the following:
10                (I) AR10.
11                (II) AR15.
12                (III) Alexander Arms Overmatch Plus 16.
13                (IV) Armalite M15 22LR Carbine.
14                (V) Armalite M15T.
15                (VI) Barrett REC7.
16                (VII) Beretta AR70.
17                (VIII) Black Rain Ordnance Recon Scout.
18                (IX) Bushmaster ACR.
19                (X) Bushmaster Carbon 15.
20                (XI) Bushmaster MOE series.
21                (XII) Bushmaster XM15.
22                (XIII) Chiappa Firearms MFour rifles.
23                (XIV) Colt Match Target rifles.
24                (XV) CORE Rifle Systems CORE15 rifles.
25                (XVI) Daniel Defense M4A1 rifles.
26                (XVII) Devil Dog Arms 15 Series rifles.

 

 

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1                (XVIII) Diamondback DB15 rifles.
2                (XIX) DoubleStar AR rifles.
3                (XX) DPMS Tactical rifles.
4                (XXI) DSA Inc. ZM4 Carbine.
5                (XXII) Heckler & Koch MR556.
6                (XXIII) High Standard HSA15 rifles.
7                (XXIV) Jesse James Nomad AR15 rifle.
8                (XXV) Knight's Armament SR15.
9                (XXVI) Lancer L15 rifles.
10                (XXVII) MGI Hydra Series rifles.
11                (XXVIII) Mossberg MMR Tactical rifles.
12                (XXIX) Noreen Firearms BN 36 rifle.
13                (XXX) Olympic Arms.
14                (XXXI) POF USA P415.
15                (XXXII) Precision Firearms AR rifles.
16                (XXXIII) Remington R15 rifles.
17                (XXXIV) Rhino Arms AR rifles.
18                (XXXV) Rock River Arms LAR15 or Rock River
19            Arms LAR47.
20                (XXXVI) Sig Sauer SIG516 rifles and MCX
21            rifles.
22                (XXXVII) Smith & Wesson M&P15 rifles.
23                (XXXVIII) Stag Arms AR rifles.
24                (XXXIX) Sturm, Ruger & Co. SR556 and AR556
25            rifles.
26                (XL) Uselton Arms Air-Lite M4 rifles.

 

 

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1                (XLI) Windham Weaponry AR rifles.
2                (XLII) WMD Guns Big Beast.
3                (XLIII) Yankee Hill Machine Company, Inc.
4            YHM15 rifles.
5            (iii) Barrett M107A1.
6            (iv) Barrett M82A1.
7            (v) Beretta CX4 Storm.
8            (vi) Calico Liberty Series.
9            (vii) CETME Sporter.
10            (viii) Daewoo K1, K2, Max 1, Max 2, AR 100, and
11        AR 110C.
12            (ix) Fabrique Nationale/FN Herstal FAL, LAR, 22
13        FNC, 308 Match, L1A1 Sporter, PS90, SCAR, and FS2000.
14            (x) Feather Industries AT9.
15            (xi) Galil Model AR and Model ARM.
16            (xii) Hi-Point Carbine.
17            (xiii) HK91, HK93, HK94, HKPSG1, and HK USC.
18            (xiv) IWI TAVOR, Galil ACE rifle.
19            (xv) Kel-Tec Sub-2000, SU16, and RFB.
20            (xvi) SIG AMT, SIG PE57, Sig Sauer SG 550, Sig
21        Sauer SG 551, and SIG MCX.
22            (xvii) Springfield Armory SAR48.
23            (xviii) Steyr AUG.
24            (xix) Sturm, Ruger & Co. Mini-14 Tactical Rifle
25        M14/20CF.
26            (xx) All Thompson rifles, including the following:

 

 

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1                (I) Thompson M1SB.
2                (II) Thompson T1100D.
3                (III) Thompson T150D.
4                (IV) Thompson T1B.
5                (V) Thompson T1B100D.
6                (VI) Thompson T1B50D.
7                (VII) Thompson T1BSB.
8                (VIII) Thompson T1C.
9                (IX) Thompson T1D.
10                (X) Thompson T1SB.
11                (XI) Thompson T5.
12                (XII) Thompson T5100D.
13                (XIII) Thompson TM1.
14                (XIV) Thompson TM1C.
15            (xxi) UMAREX UZI rifle.
16            (xxii) UZI Mini Carbine, UZI Model A Carbine, and
17        UZI Model B Carbine.
18            (xxiii) Valmet M62S, M71S, and M78.
19            (xxiv) Vector Arms UZI Type.
20            (xxv) Weaver Arms Nighthawk.
21            (xxvi) Wilkinson Arms Linda Carbine.
22        (K) All of the following pistols, copies, duplicates,
23    variants, or altered facsimiles with the capability of any
24    such weapon thereof:
25            (i) All AK types, including the following:
26                (I) Centurion 39 AK pistol.

 

 

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1                (II) CZ Scorpion pistol.
2                (III) Draco AK47 pistol.
3                (IV) HCR AK47 pistol.
4                (V) IO Inc. Hellpup AK47 pistol.
5                (VI) Krinkov pistol.
6                (VII) Mini Draco AK47 pistol.
7                (VIII) PAP M92 pistol.
8                (IX) Yugo Krebs Krink pistol.
9            (ii) All AR types, including the following:
10                (I) American Spirit AR15 pistol.
11                (II) Bushmaster Carbon 15 pistol.
12                (III) Chiappa Firearms M4 Pistol GEN II.
13                (IV) CORE Rifle Systems CORE15 Roscoe pistol.
14                (V) Daniel Defense MK18 pistol.
15                (VI) DoubleStar Corporation AR pistol.
16                (VII) DPMS AR15 pistol.
17                (VIII) Jesse James Nomad AR15 pistol.
18                (IX) Olympic Arms AR15 pistol.
19                (X) Osprey Armament MK18 pistol.
20                (XI) POF USA AR pistols.
21                (XII) Rock River Arms LAR 15 pistol.
22                (XIII) Uselton Arms Air-Lite M4 pistol.
23            (iii) Calico pistols.
24            (iv) DSA SA58 PKP FAL pistol.
25            (v) Encom MP9 and MP45.
26            (vi) Heckler & Koch model SP89 pistol.

 

 

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1            (vii) Intratec AB10, TEC22 Scorpion, TEC9, and
2        TECDC9.
3            (viii) IWI Galil Ace pistol, UZI PRO pistol.
4            (ix) Kel-Tec PLR 16 pistol.
5            (x) All MAC types, including the following:
6                (I) MAC10.
7                (II) MAC11.
8                (III) Masterpiece Arms MPA A930 Mini Pistol,
9            MPA460 Pistol, MPA Tactical Pistol, and MPA Mini
10            Tactical Pistol.
11                (IV) Military Armament Corp. Ingram M11.
12                (V) Velocity Arms VMAC.
13            (xi) Sig Sauer P556 pistol.
14            (xii) Sites Spectre.
15            (xiii) All Thompson types, including the
16        following:
17                (I) Thompson TA510D.
18                (II) Thompson TA5.
19            (xiv) All UZI types, including Micro-UZI.
20        (L) All of the following shotguns, copies, duplicates,
21    variants, or altered facsimiles with the capability of any
22    such weapon thereof:
23            (i) DERYA Anakon MC1980, Anakon SD12.
24            (ii) Doruk Lethal shotguns.
25            (iii) Franchi LAW12 and SPAS 12.
26            (iv) All IZHMASH Saiga 12 types, including the

 

 

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1        following:
2                (I) IZHMASH Saiga 12.
3                (II) IZHMASH Saiga 12S.
4                (III) IZHMASH Saiga 12S EXP01.
5                (IV) IZHMASH Saiga 12K.
6                (V) IZHMASH Saiga 12K030.
7                (VI) IZHMASH Saiga 12K040 Taktika.
8            (v) Streetsweeper.
9            (vi) Striker 12.
10    (2) "Assault weapon" does not include:
11        (A) Any firearm that is an unserviceable firearm or
12    has been made permanently inoperable.
13        (B) An antique firearm or a replica of an antique
14    firearm.
15        (C) A firearm that is manually operated by bolt, pump,
16    lever or slide action, unless the firearm is a shotgun
17    with a revolving cylinder.
18        (D) Any air rifle as defined in Section 24.8-0.1 of
19    this Code.
20        (E) Any handgun, as defined under the Firearm
21    Concealed Carry Act, unless otherwise listed in this
22    Section.
23    (3) "Assault weapon attachment" means any device capable
24of being attached to a firearm that is specifically designed
25for making or converting a firearm into any of the firearms
26listed in paragraph (1) of this subsection (a).

 

 

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1    (4) "Antique firearm" has the meaning ascribed to it in 18
2U.S.C. 921(a)(16).
3    (5) ".50 caliber rifle" means a centerfire rifle capable
4of firing a .50 caliber cartridge. The term does not include
5any antique firearm, any shotgun including a shotgun that has
6a rifle barrel, or any muzzle-loader which uses black powder
7for hunting or historical reenactments.
8    (6) ".50 caliber cartridge" means a cartridge in .50 BMG
9caliber, either by designation or actual measurement, that is
10capable of being fired from a centerfire rifle. The term ".50
11caliber cartridge" does not include any memorabilia or display
12item that is filled with a permanent inert substance or that is
13otherwise permanently altered in a manner that prevents ready
14modification for use as live ammunition or shotgun ammunition
15with a caliber measurement that is equal to or greater than .50
16caliber.
17    (7) "Detachable magazine" means an ammunition feeding
18device that may be removed from a firearm without disassembly
19of the firearm action, including an ammunition feeding device
20that may be readily removed from a firearm with the use of a
21bullet, cartridge, accessory, or other tool, or any other
22object that functions as a tool.
23    (8) "Fixed magazine" means an ammunition feeding device
24that is permanently attached to a firearm, or contained in and
25not removable from a firearm, or that is otherwise not a
26detachable magazine, but does not include an attached tubular

 

 

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1device designed to accept, and capable of operating only with,
2.22 caliber rimfire ammunition.
3    (b) Except as provided in subsections (c), (d), and (e),
4on or after the effective date of this amendatory Act of the
5102nd General Assembly, it is unlawful for any person within
6this State to knowingly manufacture, deliver, sell, import, or
7purchase or cause to be manufactured, delivered, sold,
8imported, or purchased by another, an assault weapon, assault
9weapon attachment, .50 caliber rifle, or .50 caliber
10cartridge.
11    (c) Except as otherwise provided in subsection (d),
12beginning January 1, 2024, it is unlawful for any person
13within this State to knowingly possess an assault weapon,
14assault weapon attachment, .50 caliber rifle, or .50 caliber
15cartridge.
16    (d) This Section does not apply to a person's possession
17of an assault weapon, assault weapon attachment, .50 caliber
18rifle, or .50 caliber cartridge device if the person lawfully
19possessed that assault weapon, assault weapon attachment, .50
20caliber rifle, or .50 caliber cartridge prohibited by
21subsection (c) of this Section, if the person has provided in
22an endorsement affidavit, prior to January 1, 2024, under oath
23or affirmation and in the form and manner prescribed by the
24Illinois State Police, no later than October 1, 2023:
25        (1) the affiant's Firearm Owner's Identification Card
26    number;

 

 

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1        (2) an affirmation that the affiant: (i) possessed an
2    assault weapon, assault weapon attachment, .50 caliber
3    rifle, or .50 caliber cartridge before the effective date
4    of this amendatory Act of the 102nd General Assembly; or
5    (ii) inherited the assault weapon, assault weapon
6    attachment, .50 caliber rifle, or .50 caliber cartridge
7    from a person with an endorsement under this Section or
8    from a person authorized under subdivisions (1) through
9    (5) of subsection (e) to possess the assault weapon,
10    assault weapon attachment, .50 caliber rifle, or .50
11    caliber cartridge; and
12        (3) the make, model, caliber, and serial number of the
13    .50 caliber rifle or assault weapon or assault weapons
14    listed in paragraphs (J), (K), and (L) of subdivision (1)
15    of subsection (a) of this Section possessed by the affiant
16    prior to the effective date of this amendatory Act of the
17    102nd General Assembly. No later than October 1, 2023, and
18    every October 1 thereafter, the Illinois State Police
19    shall, via rulemaking, identify, publish, and make
20    available on its website, the list of assault weapons
21    subject to an endorsement affidavit under this subsection
22    (d). The list shall identify, but is not limited to, the
23    copies, duplicates, variants, and altered facsimiles of
24    the assault weapons identified in paragraphs (J), (K), and
25    (L) of subdivision (1) of subsection (a) of this Section
26    and shall be consistent with the definition of "assault

 

 

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1    weapon" identified in this Section. The Illinois State
2    Police may adopt emergency rulemaking in accordance with
3    Section 5-45 of the Illinois Administrative Procedure Act.
4    The adoption of emergency rules authorized by Section 5-45
5    of the Illinois Administrative Procedure Act and this
6    paragraph is deemed to be necessary for the public
7    interest, safety, and welfare.
8    The affidavit form shall include the following statement
9printed in bold type: "Warning: Entering false information on
10this form is punishable as perjury under Section 32-2 of the
11Criminal Code of 2012. Entering false information on this form
12is a violation of the Firearm Owners Identification Card Act."
13    In any administrative, civil, or criminal proceeding in
14this State, a completed endorsement affidavit submitted to the
15Illinois State Police by a person under this Section creates a
16rebuttable presumption that the person is entitled to possess
17and transport the assault weapon, assault weapon attachment,
18.50 caliber rifle, or .50 caliber cartridge.
19    Beginning 90 days after the effective date of this
20amendatory Act of the 102nd General Assembly, a person
21authorized under this Section to possess an assault weapon,
22assault weapon attachment, .50 caliber rifle, or .50 caliber
23cartridge shall possess such items only:
24        (1) on private property owned or immediately
25    controlled by the person;
26        (2) on private property that is not open to the public

 

 

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1    with the express permission of the person who owns or
2    immediately controls such property;
3        (3) while on the premises of a licensed firearms
4    dealer or gunsmith for the purpose of lawful repair;
5        (4) while engaged in the legal use of the assault
6    weapon, assault weapon attachment, .50 caliber rifle, or
7    .50 caliber cartridge at a properly licensed firing range
8    or sport shooting competition venue; or
9        (5) while traveling to or from these locations,
10    provided that the assault weapon, assault weapon
11    attachment, or .50 caliber rifle is unloaded and the
12    assault weapon, assault weapon attachment, .50 caliber
13    rifle, or .50 caliber cartridge is enclosed in a case,
14    firearm carrying box, shipping box, or other container.
15    Beginning on January 1, 2024, the person with the
16endorsement for an assault weapon, assault weapon attachment,
17.50 caliber rifle, or .50 caliber cartridge or a person
18authorized under subdivisions (1) through (5) of subsection
19(e) to possess an assault weapon, assault weapon attachment,
20.50 caliber rifle, or .50 caliber cartridge may transfer the
21assault weapon, assault weapon attachment, .50 caliber rifle,
22or .50 caliber cartridge only to an heir, an individual
23residing in another state maintaining it in another state, or
24a dealer licensed as a federal firearms dealer under Section
25923 of the federal Gun Control Act of 1968. Within 10 days
26after transfer of the weapon except to an heir, the person

 

 

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1shall notify the Illinois State Police of the name and address
2of the transferee and comply with the requirements of
3subsection (b) of Section 3 of the Firearm Owners
4Identification Card Act. The person to whom the weapon or
5ammunition is transferred shall, within 60 days of the
6transfer, complete an affidavit required under this Section. A
7person to whom the weapon is transferred may transfer it only
8as provided in this subsection.
9    Except as provided in subsection (e) and beginning on
10January 1, 2024, any person who moves into this State in
11possession of an assault weapon, assault weapon attachment,
12.50 caliber rifle, or .50 caliber cartridge shall, within 60
13days, apply for a Firearm Owners Identification Card and
14complete an endorsement application as outlined in subsection
15(d).
16    Notwithstanding any other law, information contained in
17the endorsement affidavit shall be confidential and shall not
18be disclosed, except to law enforcement agencies acting in the
19performance of their duties.
20    (e) The provisions of this Section regarding the purchase
21or possession of assault weapons, assault weapon attachments,
22.50 caliber rifles, and .50 cartridges, as well as the
23provisions of this Section that prohibit causing those items
24to be purchased or possessed, do not apply to:
25        (1) Peace officers, as defined in Section 2-13 of this
26    Code.

 

 

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1        (2) Qualified law enforcement officers and qualified
2    retired law enforcement officers as defined in the Law
3    Enforcement Officers Safety Act of 2004 (18 USC Sections
4    926B and 926C) and as recognized under Illinois law.
5        (3) Acquisition and possession by a federal, State, or
6    local law enforcement agency for the purpose of equipping
7    the agency's peace officers as defined in paragraph (1) or
8    (2) of this subsection (e).
9        (4) Wardens, superintendents, and keepers of prisons,
10    penitentiaries, jails, and other institutions for the
11    detention of persons accused or convicted of an offense.
12        (5) Members of the Armed Services or Reserve Forces of
13    the United States or the Illinois National Guard, while
14    performing their official duties or while traveling to or
15    from their places of duty.
16        (6) Any company that employs armed security officers
17    in this State at a nuclear energy, storage, weapons, or
18    development site or facility regulated by the federal
19    Nuclear Regulatory Commission and any person employed as
20    an armed security force member at a nuclear energy,
21    storage, weapons, or development site or facility
22    regulated by the federal Nuclear Regulatory Commission who
23    has completed the background screening and training
24    mandated by the rules and regulations of the federal
25    Nuclear Regulatory Commission and while performing
26    official duties.

 

 

10200HB5471sam002- 92 -LRB102 24372 RLC 42563 a

1    The provisions of this Section do not apply to the
2manufacture, delivery, sale, import, purchase, or possession
3of an assault weapon, assault weapon attachment, .50 caliber
4rifle, or .50 caliber cartridge or causing the manufacture,
5delivery, sale, importation, purchase, or possession of those
6items:
7        (A) for sale or transfer to persons authorized under
8    subdivisions (1) through (6) of this subsection (e) to
9    possess those items;
10        (B) for sale or transfer to the United States or any
11    department or agency thereof; or
12        (C) for sale or transfer in another state or for
13    export.
14    This Section does not apply to or affect any of the
15following:
16        (i) Possession of any firearm if that firearm is
17    sanctioned by the International Olympic Committee and by
18    USA Shooting, the national governing body for
19    international shooting competition in the United States,
20    but only when the firearm is in the actual possession of an
21    Olympic target shooting competitor or target shooting
22    coach for the purpose of storage, transporting to and from
23    Olympic target shooting practice or events if the firearm
24    is broken down in a nonfunctioning state, is not
25    immediately accessible, or is unloaded and enclosed in a
26    firearm case, carrying box, shipping box, or other similar

 

 

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1    portable container designed for the safe transportation of
2    firearms, and when the Olympic target shooting competitor
3    or target shooting coach is engaging in those practices or
4    events. For the purposes of this paragraph (8), "firearm"
5    has the meaning provided in Section 1.1 of the Firearm
6    Owners Identification Card Act.
7        (ii) Any nonresident who transports, within 24 hours,
8    a weapon for any lawful purpose from any place where the
9    nonresident may lawfully possess and carry that weapon to
10    any other place where the nonresident may lawfully possess
11    and carry that weapon if, during the transportation, the
12    weapon is unloaded, and neither the weapon nor any
13    ammunition being transported is readily accessible or is
14    directly accessible from the passenger compartment of the
15    transporting vehicle. In the case of a vehicle without a
16    compartment separate from the driver's compartment, the
17    weapon or ammunition shall be contained in a locked
18    container other than the glove compartment or console.
19        (iii) Possession of a weapon at an event taking place
20    at the World Shooting and Recreational Complex at Sparta,
21    only while engaged in the legal use of the weapon, or while
22    traveling to or from that location if the weapon is broken
23    down in a nonfunctioning state, is not immediately
24    accessible, or is unloaded and enclosed in a firearm case,
25    carrying box, shipping box, or other similar portable
26    container designed for the safe transportation of

 

 

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1    firearms.
2        (iv) Possession of a weapon only for hunting use
3    expressly permitted under the Wildlife Code, or while
4    traveling to or from a location authorized for this
5    hunting use under the Wildlife Code if the weapon is
6    broken down in a nonfunctioning state, is not immediately
7    accessible, or is unloaded and enclosed in a firearm case,
8    carrying box, shipping box, or other similar portable
9    container designed for the safe transportation of
10    firearms.
11        (v) The manufacture, transportation, possession, sale,
12    or rental of blank-firing assault weapons and .50 caliber
13    rifles, or the weapon's respective attachments, to persons
14    authorized or permitted, or both authorized and permitted,
15    to acquire and possess these weapons or attachments for
16    the purpose of rental for use solely as props for a motion
17    picture, television, or video production or entertainment
18    event.
19    Any person not subject to this Section may submit an
20endorsement affidavit if the person chooses.
21    (f) Any sale or transfer with a background check initiated
22to the Illinois State Police on or before the effective date of
23this amendatory Act of the 102nd General Assembly is allowed
24to be completed after the effective date of this amendatory
25Act once an approval is issued by the Illinois State Police and
26any applicable waiting period under Section 24-3 has expired.

 

 

10200HB5471sam002- 95 -LRB102 24372 RLC 42563 a

1    (g) The Illinois State Police shall take all steps
2necessary to carry out the requirements of this Section within
3by October 1, 2023.
 
4    (720 ILCS 5/24-1.10 new)
5    Sec. 24-1.10. Manufacture, delivery, sale, and possession
6of large capacity ammunition feeding devices.
7    (a) In this Section:
8    "Handgun" has the meaning ascribed to it in the Firearm
9Concealed Carry Act.
10    "Long gun" means a rifle or shotgun.
11    "Large capacity ammunition feeding device" means:
12        (1) a magazine, belt, drum, feed strip, or similar
13    device that has a capacity of, or that can be readily
14    restored or converted to accept, more than 10 rounds of
15    ammunition for long guns and more than 15 rounds of
16    ammunition for handguns; or
17        (2) any combination of parts from which a device
18    described in paragraph (1) can be assembled.
19    "Large capacity ammunition feeding device" does not
20include an attached tubular device designed to accept, and
21capable of operating only with, .22 caliber rimfire
22ammunition. "Large capacity ammunition feeding device" does
23not include a tubular magazine that is contained in a
24lever-action firearm or any device that has been made
25permanently inoperable.

 

 

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1    (b) Except as provided in subsections (d) and (e), it is
2unlawful for any person within this State to knowingly
3manufacture, deliver, sell, purchase, or cause to be
4manufactured, delivered, sold, or purchased a large capacity
5ammunition feeding device.
6    (c) Except as provided in subsections (d) and (e), and
7beginning 90 days after the effective date of this amendatory
8Act of the 102nd General Assembly, it is unlawful to knowingly
9possess a large capacity ammunition feeding device.
10    (d) Subsection (b) does not apply to a person's possession
11of a large capacity ammunition feeding device if the person
12lawfully possessed that large capacity ammunition feeding
13device before the effective date of this amendatory Act of the
14102nd General Assembly, provided that the person shall possess
15such device only:
16        (1) on private property owned or immediately
17    controlled by the person;
18        (2) on private property that is not open to the public
19    with the express permission of the person who owns or
20    immediately controls such property;
21        (3) while on the premises of a licensed firearms
22    dealer or gunsmith for the purpose of lawful repair;
23        (4) while engaged in the legal use of the large
24    capacity ammunition feeding device at a properly licensed
25    firing range or sport shooting competition venue; or
26        (5) while traveling to or from these locations,

 

 

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1    provided that the large capacity ammunition feeding device
2    is stored unloaded and enclosed in a case, firearm
3    carrying box, shipping box, or other container.
4    A person authorized under this Section to possess a large
5capacity ammunition feeding device may transfer the large
6capacity ammunition feeding device only to an heir, an
7individual residing in another state maintaining it in another
8state, or a dealer licensed as a federal firearms dealer under
9Section 923 of the federal Gun Control Act of 1968. Within 10
10days after transfer of the large capacity ammunition feeding
11device except to an heir, the person shall notify the Illinois
12State Police of the name and address of the transferee and
13comply with the requirements of subsection (b) of Section 3 of
14the Firearm Owners Identification Card Act. The person to whom
15the large capacity ammunition feeding device is transferred
16shall, within 60 days of the transfer, notify the Illinois
17State Police of the person's acquisition and comply with the
18requirements of subsection (b) of Section 3 of the Firearm
19Owners Identification Card Act. A person to whom the large
20capacity ammunition feeding device is transferred may transfer
21it only as provided in this subsection.
22    Except as provided in subsection (d) and beginning 90 days
23after the effective date of this amendatory Act of the 102nd
24General Assembly, any person who moves into this State in
25possession of a large capacity ammunition feeding device
26shall, within 60 days, apply for a Firearm Owners

 

 

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1Identification Card.
2    (d) The provisions of this Section regarding the purchase
3or possession of large capacity ammunition feeding devices, as
4well as the provisions of this Section that prohibit causing
5those items to be purchased or possessed, do not apply to:
6        (1) Peace officers as defined in Section 2-13 of this
7    Code.
8        (2) Qualified law enforcement officers and qualified
9    retired law enforcement officers as defined in the Law
10    Enforcement Officers Safety Act of 2004 (18 USC Sections
11    926B and 926C) and as recognized under Illinois law.
12        (3) A federal, State, or local law enforcement agency
13    for the purpose of equipping the agency's peace officers
14    as defined in paragraph (1) or (2) of this subsection (d).
15        (4) Wardens, superintendents, and keepers of prisons,
16    penitentiaries, jails, and other institutions for the
17    detention of persons accused or convicted of an offense.
18        (5) Members of the Armed Services or Reserve Forces of
19    the United States or the Illinois National Guard, while
20    their official duties or while traveling to or from their
21    places of duty.
22        (6) Any company that employs armed security officers
23    in this State at a nuclear energy, storage, weapons, or
24    development site or facility regulated by the federal
25    Nuclear Regulatory Commission and any person employed as
26    an armed security force member at a nuclear energy,

 

 

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1    storage, weapons, or development site or facility
2    regulated by the federal Nuclear Regulatory Commission who
3    has completed the background screening and training
4    mandated by the rules and regulations of the federal
5    Nuclear Regulatory Commission and while performing
6    official duties.
7    (e) This Section does not apply to or affect any of the
8following:
9        (1) Manufacture, delivery, sale, importation,
10    purchase, or possession or causing to be manufactured,
11    delivered, sold, imported, purchased, or possessed a large
12    capacity ammunition feeding device:
13            (A) for sale or transfer to persons authorized
14        under subdivisions (1) through (5) of subsection (d)
15        to possess those items;
16            (B) for sale or transfer to the United States or
17        any department or agency thereof; or
18            (C) for sale or transfer in another state or for
19        export.
20        (2) Sale or rental of large capacity ammunition
21    feeding devices for blank-firing assault weapons and .50
22    caliber rifles, to persons authorized or permitted, or
23    both authorized and permitted, to acquire these devices
24    for the purpose of rental for use solely as props for a
25    motion picture, television, or video production or
26    entertainment event.

 

 

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1    (f) Sentence. A person who knowingly manufactures,
2delivers, sells, purchases, or causes to be manufactured,
3delivered, sold, or purchased in violation of this Section a
4large capacity ammunition feeding device capable of holding
5more than 10 rounds of ammunition for long guns or more than 15
6rounds of ammunition for handguns commits a petty offense with
7a fine of $1,000 for each violation.
 
8    Section 95. No acceleration or delay. Where this Act makes
9changes in a statute that is represented in this Act by text
10that is not yet or no longer in effect (for example, a Section
11represented by multiple versions), the use of that text does
12not accelerate or delay the taking effect of (i) the changes
13made by this Act or (ii) provisions derived from any other
14Public Act.
 
15    Section 97. Severability. The provisions of this Act are
16severable under Section 1.31 of the Statute on Statutes.
 
17    Section 99. Effective date. This Act takes effect upon
18becoming law.".