103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB3208

 

Introduced 2/17/2023, by Rep. Tony M. McCombie

 

SYNOPSIS AS INTRODUCED:
 
5 ILCS 140/7.5
430 ILCS 65/8  from Ch. 38, par. 83-8
430 ILCS 65/8.6 new
430 ILCS 65/4.1 rep.
720 ILCS 5/24-1  from Ch. 38, par. 24-1
720 ILCS 5/24-1.9 rep.
720 ILCS 5/24-1.10 rep.

    Amends the Firearm Owners Identification Card Act. Provides that the State, including the Illinois State Police, shall not establish or maintain a registry that contains information about the purchase of a firearm or the purchaser's personal identifying information. Repeals amendatory provisions of the Criminal Code of 2012 that beginning January 1, 2024, make it is unlawful for any person within the State to knowingly possess an assault weapon, assault weapon attachment, .50 caliber rifle, or .50 caliber cartridge, with exemptions, and provides penalties and repeals provisions that make it unlawful for any person within the State to knowingly manufacture, deliver, sell, purchase, or cause to be manufactured, delivered, sold, or purchased a large capacity ammunition feeding device, with specified exemptions, and which provide penalties for those actions. Repeals amendatory provisions of the Criminal Code of 2012 that prohibits the manufacture, possession, sale, or offers to sell, purchase, manufacture, import, transfer, or use any device, part, kit, tool, accessory, or combination of parts that is designed to and functions to increase the rate of fire of a semiautomatic firearm above the standard rate of fire for semiautomatic firearms that is not equipped with that device, part, or combination of parts. Repeals amendatory provisions of the Freedom of Information Act that exempt from disclosure under the Act certain information concerning assault weapons endorsements received by the Illinois State Police. Effective immediately.


LRB103 25822 RLC 52173 b

 

 

A BILL FOR

 

HB3208LRB103 25822 RLC 52173 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Freedom of Information Act is amended by
5changing Section 7.5 as follows:
 
6    (5 ILCS 140/7.5)
7    Sec. 7.5. Statutory exemptions. To the extent provided for
8by the statutes referenced below, the following shall be
9exempt from inspection and copying:
10        (a) All information determined to be confidential
11    under Section 4002 of the Technology Advancement and
12    Development Act.
13        (b) Library circulation and order records identifying
14    library users with specific materials under the Library
15    Records Confidentiality Act.
16        (c) Applications, related documents, and medical
17    records received by the Experimental Organ Transplantation
18    Procedures Board and any and all documents or other
19    records prepared by the Experimental Organ Transplantation
20    Procedures Board or its staff relating to applications it
21    has received.
22        (d) Information and records held by the Department of
23    Public Health and its authorized representatives relating

 

 

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1    to known or suspected cases of sexually transmissible
2    disease or any information the disclosure of which is
3    restricted under the Illinois Sexually Transmissible
4    Disease Control Act.
5        (e) Information the disclosure of which is exempted
6    under Section 30 of the Radon Industry Licensing Act.
7        (f) Firm performance evaluations under Section 55 of
8    the Architectural, Engineering, and Land Surveying
9    Qualifications Based Selection Act.
10        (g) Information the disclosure of which is restricted
11    and exempted under Section 50 of the Illinois Prepaid
12    Tuition Act.
13        (h) Information the disclosure of which is exempted
14    under the State Officials and Employees Ethics Act, and
15    records of any lawfully created State or local inspector
16    general's office that would be exempt if created or
17    obtained by an Executive Inspector General's office under
18    that Act.
19        (i) Information contained in a local emergency energy
20    plan submitted to a municipality in accordance with a
21    local emergency energy plan ordinance that is adopted
22    under Section 11-21.5-5 of the Illinois Municipal Code.
23        (j) Information and data concerning the distribution
24    of surcharge moneys collected and remitted by carriers
25    under the Emergency Telephone System Act.
26        (k) Law enforcement officer identification information

 

 

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1    or driver identification information compiled by a law
2    enforcement agency or the Department of Transportation
3    under Section 11-212 of the Illinois Vehicle Code.
4        (l) Records and information provided to a residential
5    health care facility resident sexual assault and death
6    review team or the Executive Council under the Abuse
7    Prevention Review Team Act.
8        (m) Information provided to the predatory lending
9    database created pursuant to Article 3 of the Residential
10    Real Property Disclosure Act, except to the extent
11    authorized under that Article.
12        (n) Defense budgets and petitions for certification of
13    compensation and expenses for court appointed trial
14    counsel as provided under Sections 10 and 15 of the
15    Capital Crimes Litigation Act. This subsection (n) shall
16    apply until the conclusion of the trial of the case, even
17    if the prosecution chooses not to pursue the death penalty
18    prior to trial or sentencing.
19        (o) Information that is prohibited from being
20    disclosed under Section 4 of the Illinois Health and
21    Hazardous Substances Registry Act.
22        (p) Security portions of system safety program plans,
23    investigation reports, surveys, schedules, lists, data, or
24    information compiled, collected, or prepared by or for the
25    Department of Transportation under Sections 2705-300 and
26    2705-616 of the Department of Transportation Law of the

 

 

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1    Civil Administrative Code of Illinois, the Regional
2    Transportation Authority under Section 2.11 of the
3    Regional Transportation Authority Act, or the St. Clair
4    County Transit District under the Bi-State Transit Safety
5    Act.
6        (q) Information prohibited from being disclosed by the
7    Personnel Record Review Act.
8        (r) Information prohibited from being disclosed by the
9    Illinois School Student Records Act.
10        (s) Information the disclosure of which is restricted
11    under Section 5-108 of the Public Utilities Act.
12        (t) All identified or deidentified health information
13    in the form of health data or medical records contained
14    in, stored in, submitted to, transferred by, or released
15    from the Illinois Health Information Exchange, and
16    identified or deidentified health information in the form
17    of health data and medical records of the Illinois Health
18    Information Exchange in the possession of the Illinois
19    Health Information Exchange Office due to its
20    administration of the Illinois Health Information
21    Exchange. The terms "identified" and "deidentified" shall
22    be given the same meaning as in the Health Insurance
23    Portability and Accountability Act of 1996, Public Law
24    104-191, or any subsequent amendments thereto, and any
25    regulations promulgated thereunder.
26        (u) Records and information provided to an independent

 

 

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1    team of experts under the Developmental Disability and
2    Mental Health Safety Act (also known as Brian's Law).
3        (v) Names and information of people who have applied
4    for or received Firearm Owner's Identification Cards under
5    the Firearm Owners Identification Card Act or applied for
6    or received a concealed carry license under the Firearm
7    Concealed Carry Act, unless otherwise authorized by the
8    Firearm Concealed Carry Act; and databases under the
9    Firearm Concealed Carry Act, records of the Concealed
10    Carry Licensing Review Board under the Firearm Concealed
11    Carry Act, and law enforcement agency objections under the
12    Firearm Concealed Carry Act.
13        (v-5) Records of the Firearm Owner's Identification
14    Card Review Board that are exempted from disclosure under
15    Section 10 of the Firearm Owners Identification Card Act.
16        (w) Personally identifiable information which is
17    exempted from disclosure under subsection (g) of Section
18    19.1 of the Toll Highway Act.
19        (x) Information which is exempted from disclosure
20    under Section 5-1014.3 of the Counties Code or Section
21    8-11-21 of the Illinois Municipal Code.
22        (y) Confidential information under the Adult
23    Protective Services Act and its predecessor enabling
24    statute, the Elder Abuse and Neglect Act, including
25    information about the identity and administrative finding
26    against any caregiver of a verified and substantiated

 

 

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1    decision of abuse, neglect, or financial exploitation of
2    an eligible adult maintained in the Registry established
3    under Section 7.5 of the Adult Protective Services Act.
4        (z) Records and information provided to a fatality
5    review team or the Illinois Fatality Review Team Advisory
6    Council under Section 15 of the Adult Protective Services
7    Act.
8        (aa) Information which is exempted from disclosure
9    under Section 2.37 of the Wildlife Code.
10        (bb) Information which is or was prohibited from
11    disclosure by the Juvenile Court Act of 1987.
12        (cc) Recordings made under the Law Enforcement
13    Officer-Worn Body Camera Act, except to the extent
14    authorized under that Act.
15        (dd) Information that is prohibited from being
16    disclosed under Section 45 of the Condominium and Common
17    Interest Community Ombudsperson Act.
18        (ee) Information that is exempted from disclosure
19    under Section 30.1 of the Pharmacy Practice Act.
20        (ff) Information that is exempted from disclosure
21    under the Revised Uniform Unclaimed Property Act.
22        (gg) Information that is prohibited from being
23    disclosed under Section 7-603.5 of the Illinois Vehicle
24    Code.
25        (hh) Records that are exempt from disclosure under
26    Section 1A-16.7 of the Election Code.

 

 

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1        (ii) Information which is exempted from disclosure
2    under Section 2505-800 of the Department of Revenue Law of
3    the Civil Administrative Code of Illinois.
4        (jj) Information and reports that are required to be
5    submitted to the Department of Labor by registering day
6    and temporary labor service agencies but are exempt from
7    disclosure under subsection (a-1) of Section 45 of the Day
8    and Temporary Labor Services Act.
9        (kk) Information prohibited from disclosure under the
10    Seizure and Forfeiture Reporting Act.
11        (ll) Information the disclosure of which is restricted
12    and exempted under Section 5-30.8 of the Illinois Public
13    Aid Code.
14        (mm) Records that are exempt from disclosure under
15    Section 4.2 of the Crime Victims Compensation Act.
16        (nn) Information that is exempt from disclosure under
17    Section 70 of the Higher Education Student Assistance Act.
18        (oo) Communications, notes, records, and reports
19    arising out of a peer support counseling session
20    prohibited from disclosure under the First Responders
21    Suicide Prevention Act.
22        (pp) Names and all identifying information relating to
23    an employee of an emergency services provider or law
24    enforcement agency under the First Responders Suicide
25    Prevention Act.
26        (qq) Information and records held by the Department of

 

 

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1    Public Health and its authorized representatives collected
2    under the Reproductive Health Act.
3        (rr) Information that is exempt from disclosure under
4    the Cannabis Regulation and Tax Act.
5        (ss) Data reported by an employer to the Department of
6    Human Rights pursuant to Section 2-108 of the Illinois
7    Human Rights Act.
8        (tt) Recordings made under the Children's Advocacy
9    Center Act, except to the extent authorized under that
10    Act.
11        (uu) Information that is exempt from disclosure under
12    Section 50 of the Sexual Assault Evidence Submission Act.
13        (vv) Information that is exempt from disclosure under
14    subsections (f) and (j) of Section 5-36 of the Illinois
15    Public Aid Code.
16        (ww) Information that is exempt from disclosure under
17    Section 16.8 of the State Treasurer Act.
18        (xx) Information that is exempt from disclosure or
19    information that shall not be made public under the
20    Illinois Insurance Code.
21        (yy) Information prohibited from being disclosed under
22    the Illinois Educational Labor Relations Act.
23        (zz) Information prohibited from being disclosed under
24    the Illinois Public Labor Relations Act.
25        (aaa) Information prohibited from being disclosed
26    under Section 1-167 of the Illinois Pension Code.

 

 

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1        (bbb) Information that is prohibited from disclosure
2    by the Illinois Police Training Act and the Illinois State
3    Police Act.
4        (ccc) Records exempt from disclosure under Section
5    2605-304 of the Illinois State Police Law of the Civil
6    Administrative Code of Illinois.
7        (ddd) Information prohibited from being disclosed
8    under Section 35 of the Address Confidentiality for
9    Victims of Domestic Violence, Sexual Assault, Human
10    Trafficking, or Stalking Act.
11        (eee) Information prohibited from being disclosed
12    under subsection (b) of Section 75 of the Domestic
13    Violence Fatality Review Act.
14        (fff) Images from cameras under the Expressway Camera
15    Act. This subsection (fff) is inoperative on and after
16    July 1, 2023.
17        (ggg) Information prohibited from disclosure under
18    paragraph (3) of subsection (a) of Section 14 of the Nurse
19    Agency Licensing Act.
20        (hhh) Information submitted to the Department of State
21    Police in an affidavit or application for an assault
22    weapon endorsement, assault weapon attachment endorsement,
23    .50 caliber rifle endorsement, or .50 caliber cartridge
24    endorsement under the Firearm Owners Identification Card
25    Act.
26(Source: P.A. 101-13, eff. 6-12-19; 101-27, eff. 6-25-19;

 

 

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1101-81, eff. 7-12-19; 101-221, eff. 1-1-20; 101-236, eff.
21-1-20; 101-375, eff. 8-16-19; 101-377, eff. 8-16-19; 101-452,
3eff. 1-1-20; 101-466, eff. 1-1-20; 101-600, eff. 12-6-19;
4101-620, eff 12-20-19; 101-649, eff. 7-7-20; 101-652, eff.
51-1-22; 101-656, eff. 3-23-21; 102-36, eff. 6-25-21; 102-237,
6eff. 1-1-22; 102-292, eff. 1-1-22; 102-520, eff. 8-20-21;
7102-559, eff. 8-20-21; 102-813, eff. 5-13-22; 102-946, eff.
87-1-22; 102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23.)
 
9    Section 10. The Firearm Owners Identification Card Act is
10amended by changing Section 8 and by adding Section 8.6 as
11follows:
 
12    (430 ILCS 65/8)  (from Ch. 38, par. 83-8)
13    Sec. 8. Grounds for denial and revocation. The Illinois
14State Police has authority to deny an application for or to
15revoke and seize a Firearm Owner's Identification Card
16previously issued under this Act only if the Illinois State
17Police finds that the applicant or the person to whom such card
18was issued is or was at the time of issuance:
19        (a) A person under 21 years of age who has been
20    convicted of a misdemeanor other than a traffic offense or
21    adjudged delinquent;
22        (b) This subsection (b) applies through the 180th day
23    following July 12, 2019 (the effective date of Public Act
24    101-80). A person under 21 years of age who does not have

 

 

HB3208- 11 -LRB103 25822 RLC 52173 b

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

 

 

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1    Identification Card seized under this subsection (e) may
2    obtain relief as described in subsection (c-5) of Section
3    10 of this Act if the officer or employee did not act in a
4    manner threatening to the officer or employee, another
5    person, or the public as determined by the treating
6    clinical psychologist or physician, and the officer or
7    employee seeks mental health treatment;
8        (f) A person whose mental condition is of such a
9    nature that it poses a clear and present danger to the
10    applicant, any other person or persons, or the community;
11        (g) A person who has an intellectual disability;
12        (h) A person who intentionally makes a false statement
13    in the Firearm Owner's Identification Card application or
14    endorsement affidavit;
15        (i) A noncitizen who is unlawfully present in the
16    United States under the laws of the United States;
17        (i-5) A noncitizen who has been admitted to the United
18    States under a non-immigrant visa (as that term is defined
19    in Section 101(a)(26) of the Immigration and Nationality
20    Act (8 U.S.C. 1101(a)(26))), except that this subsection
21    (i-5) does not apply to any noncitizen who has been
22    lawfully admitted to the United States under a
23    non-immigrant visa if that noncitizen is:
24            (1) admitted to the United States for lawful
25        hunting or sporting purposes;
26            (2) an official representative of a foreign

 

 

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1        government who is:
2                (A) accredited to the United States Government
3            or the Government's mission to an international
4            organization having its headquarters in the United
5            States; or
6                (B) en route to or from another country to
7            which that noncitizen is accredited;
8            (3) an official of a foreign government or
9        distinguished foreign visitor who has been so
10        designated by the Department of State;
11            (4) a foreign law enforcement officer of a
12        friendly foreign government entering the United States
13        on official business; or
14            (5) one who has received a waiver from the
15        Attorney General of the United States pursuant to 18
16        U.S.C. 922(y)(3);
17        (j) (Blank);
18        (k) A person who has been convicted within the past 5
19    years of battery, assault, aggravated assault, violation
20    of an order of protection, or a substantially similar
21    offense in another jurisdiction, in which a firearm was
22    used or possessed;
23        (l) A person who has been convicted of domestic
24    battery, aggravated domestic battery, or a substantially
25    similar offense in another jurisdiction committed before,
26    on or after January 1, 2012 (the effective date of Public

 

 

HB3208- 14 -LRB103 25822 RLC 52173 b

1    Act 97-158). If the applicant or person who has been
2    previously issued a Firearm Owner's Identification Card
3    under this Act knowingly and intelligently waives the
4    right to have an offense described in this paragraph (l)
5    tried by a jury, and by guilty plea or otherwise, results
6    in a conviction for an offense in which a domestic
7    relationship is not a required element of the offense but
8    in which a determination of the applicability of 18 U.S.C.
9    922(g)(9) is made under Section 112A-11.1 of the Code of
10    Criminal Procedure of 1963, an entry by the court of a
11    judgment of conviction for that offense shall be grounds
12    for denying an application for and for revoking and
13    seizing a Firearm Owner's Identification Card previously
14    issued to the person under this Act;
15        (m) (Blank);
16        (n) A person who is prohibited from acquiring or
17    possessing firearms or firearm ammunition by any Illinois
18    State statute or by federal law;
19        (o) A minor subject to a petition filed under Section
20    5-520 of the Juvenile Court Act of 1987 alleging that the
21    minor is a delinquent minor for the commission of an
22    offense that if committed by an adult would be a felony;
23        (p) An adult who had been adjudicated a delinquent
24    minor under the Juvenile Court Act of 1987 for the
25    commission of an offense that if committed by an adult
26    would be a felony;

 

 

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

 

 

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1    certification required under this subsection, except for
2    willful or wanton misconduct. This subsection does not
3    apply to a person whose firearm possession rights have
4    been restored through administrative or judicial action
5    under Section 10 or 11 of this Act.
6    Upon revocation of a person's Firearm Owner's
7Identification Card, the Illinois State Police shall provide
8notice to the person and the person shall comply with Section
99.5 of this Act.
10(Source: P.A. 101-80, eff. 7-12-19; 102-538, eff. 8-20-21;
11102-645, eff. 1-1-22; 102-813, eff. 5-13-22; 102-1030, eff.
125-27-22; 102-1116, eff. 1-10-23.)
 
13    (430 ILCS 65/8.6 new)
14    Sec. 8.6. Firearm registry; prohibited. This State,
15including the Illinois State Police, shall not establish or
16maintain a registry that contains information about the
17purchase of a firearm or the purchaser's personal identifying
18information.
 
19    (430 ILCS 65/4.1 rep.)
20    Section 15. The Firearm Owners Identification Card Act is
21amended by repealing Section 4.1.
 
22    Section 20. The Criminal Code of 2012 is amended by
23changing Section 24-1 as follows:
 

 

 

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

 

 

HB3208- 18 -LRB103 25822 RLC 52173 b

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

 

 

HB3208- 19 -LRB103 25822 RLC 52173 b

1    of any firearm; or
2        (7) Sells, manufactures, purchases, possesses or
3    carries:
4            (i) a machine gun, which shall be defined for the
5        purposes of this subsection as any weapon, which
6        shoots, is designed to shoot, or can be readily
7        restored to shoot, automatically more than one shot
8        without manually reloading by a single function of the
9        trigger, including the frame or receiver of any such
10        weapon, or sells, manufactures, purchases, possesses,
11        or carries any combination of parts designed or
12        intended for use in converting any weapon into a
13        machine gun, or any combination or parts from which a
14        machine gun can be assembled if such parts are in the
15        possession or under the control of a person;
16            (ii) any rifle having one or more barrels less
17        than 16 inches in length or a shotgun having one or
18        more barrels less than 18 inches in length or any
19        weapon made from a rifle or shotgun, whether by
20        alteration, modification, or otherwise, if such a
21        weapon as modified has an overall length of less than
22        26 inches; or
23            (iii) any bomb, bomb-shell, grenade, bottle or
24        other container containing an explosive substance of
25        over one-quarter ounce for like purposes, such as, but
26        not limited to, black powder bombs and Molotov

 

 

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

 

 

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

 

 

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

 

 

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1    rate of fire of a semiautomatic firearm above the standard
2    rate of fire for semiautomatic firearms that is not
3    equipped with that device, part, or combination of parts;
4    or
5        (15) Carries or possesses any assault weapon or .50
6    caliber rifle in violation of Section 24-1.9; or
7        (16) Manufactures, sells, delivers, imports, or
8    purchases any assault weapon or .50 caliber rifle in
9    violation of Section 24-1.9.
10    (b) Sentence. A person convicted of a violation of
11subsection 24-1(a)(1) through (5), subsection 24-1(a)(10),
12subsection 24-1(a)(11), or subsection 24-1(a)(13), or
1324-1(a)(15) commits a Class A misdemeanor. A person convicted
14of a violation of subsection 24-1(a)(8) or 24-1(a)(9) commits
15a Class 4 felony; a person convicted of a violation of
16subsection 24-1(a)(6), or 24-1(a)(7)(ii), 24-1(a)(7)(iii), or
1724-1(a)(16) or (iii) commits a Class 3 felony. A person
18convicted of a violation of subsection 24-1(a)(7)(i) commits a
19Class 2 felony and shall be sentenced to a term of imprisonment
20of not less than 3 years and not more than 7 years, unless the
21weapon is possessed in the passenger compartment of a motor
22vehicle as defined in Section 1-146 of the Illinois Vehicle
23Code, or on the person, while the weapon is loaded, in which
24case it shall be a Class X felony. A person convicted of a
25second or subsequent violation of subsection 24-1(a)(4),
2624-1(a)(8), 24-1(a)(9), or 24-1(a)(10), or 24-1(a)(15) commits

 

 

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

 

 

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

 

 

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1        (2) A person who violates subsection 24-1(a)(1),
2    24-1(a)(2), or 24-1(a)(3) in any school, regardless of the
3    time of day or the time of year, in residential property
4    owned, operated or managed by a public housing agency or
5    leased by a public housing agency as part of a scattered
6    site or mixed-income development, in a public park, in a
7    courthouse, on the real property comprising any school,
8    regardless of the time of day or the time of year, on
9    residential property owned, operated or managed by a
10    public housing agency or leased by a public housing agency
11    as part of a scattered site or mixed-income development,
12    on the real property comprising any public park, on the
13    real property comprising any courthouse, in any conveyance
14    owned, leased or contracted by a school to transport
15    students to or from school or a school related activity,
16    in any conveyance owned, leased, or contracted by a public
17    transportation agency, or on any public way within 1,000
18    feet of the real property comprising any school, public
19    park, courthouse, public transportation facility, or
20    residential property owned, operated, or managed by a
21    public housing agency or leased by a public housing agency
22    as part of a scattered site or mixed-income development
23    commits a Class 4 felony. "Courthouse" means any building
24    that is used by the Circuit, Appellate, or Supreme Court
25    of this State for the conduct of official business.
26        (3) Paragraphs (1), (1.5), and (2) of this subsection

 

 

HB3208- 27 -LRB103 25822 RLC 52173 b

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

 

 

HB3208- 28 -LRB103 25822 RLC 52173 b

1upon the person of one of the occupants therein; or (ii) if
2such weapon, instrument or substance is found in an automobile
3operated for hire by a duly licensed driver in the due, lawful
4and proper pursuit of his or her trade, then such presumption
5shall not apply to the driver.
6    (e) Exemptions.
7        (1) Crossbows, Common or Compound bows and Underwater
8    Spearguns are exempted from the definition of ballistic
9    knife as defined in paragraph (1) of subsection (a) of
10    this Section.
11        (2) The provision of paragraph (1) of subsection (a)
12    of this Section prohibiting the sale, manufacture,
13    purchase, possession, or carrying of any knife, commonly
14    referred to as a switchblade knife, which has a blade that
15    opens automatically by hand pressure applied to a button,
16    spring or other device in the handle of the knife, does not
17    apply to a person who possesses a currently valid Firearm
18    Owner's Identification Card previously issued in his or
19    her name by the Illinois State Police or to a person or an
20    entity engaged in the business of selling or manufacturing
21    switchblade knives.
22(Source: P.A. 101-223, eff. 1-1-20; 102-538, eff. 8-20-21;
23102-1116, eff. 1-10-23.)
 
24    (720 ILCS 5/24-1.9 rep.)
25    (720 ILCS 5/24-1.10 rep.)

 

 

HB3208- 29 -LRB103 25822 RLC 52173 b

1    Section 25. The Criminal Code of 2012 is amended by
2repealing Sections 24-1.9 and 24-1.10.
 
3    Section 99. Effective date. This Act takes effect upon
4becoming law.