103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB4328

 

Introduced 1/16/2024, by Rep. John M. Cabello - Dennis Tipsword, Jr. and Brad Halbrook

 

SYNOPSIS AS INTRODUCED:
 
5 ILCS 140/7.5
430 ILCS 65/8  from Ch. 38, par. 83-8
430 ILCS 65/4.1 rep.
430 ILCS 67/40
430 ILCS 67/45
430 ILCS 67/55
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.

    Repeals the provisions of Public Act 102-1116 that make amendatory changes to the Firearms Restraining Order Act that provide that a petitioner for a firearms restraining order may request a plenary firearms restraining order of up to one-year, but not less than 6 months (restores the 6 months provision). Repeals provisions that the firearms restraining order may be renewed for an additional period of up to one year. Repeals amendatory provisions of the Criminal Code of 2012 making it unlawful, beginning January 1, 2024, for any person within the State to knowingly possess an assault weapon, assault weapon attachment, .50 caliber rifle, or .50 caliber cartridge, with exemptions. 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. Repeals amendatory provisions of the Criminal Code of 2012 that prohibit the manufacture, possession, sale, or offer 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 34894 RLC 64761 b

 

 

A BILL FOR

 

HB4328LRB103 34894 RLC 64761 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; revised
92-13-23.)
 
10    Section 10. The Firearm Owners Identification Card Act is
11amended by changing Section 8 as follows:
 
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

 

 

HB4328- 11 -LRB103 34894 RLC 64761 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

 

 

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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 65/4.1 rep.)
14    Section 15. The Firearm Owners Identification Card Act is
15amended by repealing Section 4.1.
 
16    Section 20. The Firearms Restraining Order Act is amended
17by changing Sections 40, 45, and 55 as follows:
 
18    (430 ILCS 67/40)
19    Sec. 40. Plenary Six-month orders.
20    (a) A petitioner may request a 6-month firearms
21restraining order for up to one year by filing an affidavit or
22verified pleading alleging that the respondent poses a
23significant danger of causing personal injury to himself,

 

 

HB4328- 17 -LRB103 34894 RLC 64761 b

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

 

 

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1    (c) Every person who files a petition for a plenary
26-month firearms restraining order, knowing the information
3provided to the court at any hearing or in the affidavit or
4verified pleading to be false, is guilty of perjury under
5Section 32-2 of the Criminal Code of 2012.
6    (d) Upon receipt of a petition for a plenary 6-month
7firearms restraining order, the court shall order a hearing
8within 30 days.
9    (e) In determining whether to issue a firearms restraining
10order under this Section, the court shall consider evidence
11including, but not limited to, the following:
12        (1) The unlawful and reckless use, display, or
13    brandishing of a firearm, ammunition, and firearm parts
14    that could be assembled to make an operable firearm by the
15    respondent.
16        (2) The history of use, attempted use, or threatened
17    use of physical force by the respondent against another
18    person.
19        (3) Any prior arrest of the respondent for a felony
20    offense.
21        (4) Evidence of the abuse of controlled substances or
22    alcohol by the respondent.
23        (5) A recent threat of violence or act of violence by
24    the respondent directed toward himself, herself, or
25    another.
26        (6) A violation of an emergency order of protection

 

 

HB4328- 19 -LRB103 34894 RLC 64761 b

1    issued under Section 217 of the Illinois Domestic Violence
2    Act of 1986 or Section 112A-17 of the Code of Criminal
3    Procedure of 1963 or of an order of protection issued
4    under Section 214 of the Illinois Domestic Violence Act of
5    1986 or Section 112A-14 of the Code of Criminal Procedure
6    of 1963.
7        (7) A pattern of violent acts or violent threats,
8    including, but not limited to, threats of violence or acts
9    of violence by the respondent directed toward himself,
10    herself, or another.
11    (f) At the hearing, the petitioner shall have the burden
12of proving, by clear and convincing evidence, that the
13respondent poses a significant danger of personal injury to
14himself, herself, or another by having in his or her custody or
15control, purchasing, possessing, or receiving a firearm,
16ammunition, and firearm parts that could be assembled to make
17an operable firearm.
18    (g) If the court finds that there is clear and convincing
19evidence to issue a plenary firearms restraining order, the
20court shall issue a firearms restraining order that shall be
21in effect for up to one year, but not less than 6 months, 6
22months subject to renewal under Section 45 of this Act or
23termination under that Section.
24    (g-5) If the court issues a plenary 6-month firearms
25restraining order, it shall, upon a finding of probable cause
26that the respondent possesses firearms, ammunition, and

 

 

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1firearm parts that could be assembled to make an operable
2firearm, issue a search warrant directing a law enforcement
3agency to seize the respondent's firearms, ammunition, and
4firearm parts that could be assembled to make an operable
5firearm. The court may, as part of that warrant, direct the law
6enforcement agency to search the respondent's residence and
7other places where the court finds there is probable cause to
8believe he or she is likely to possess the firearms,
9ammunition, and firearm parts that could be assembled to make
10an operable firearm. A return of the search warrant shall be
11filed by the law enforcement agency within 4 days thereafter,
12setting forth the time, date, and location that the search
13warrant was executed and what items, if any, were seized.
14    (h) A plenary 6-month firearms restraining order shall
15require:
16        (1) the respondent to refrain from having in his or
17    her custody or control, purchasing, possessing, or
18    receiving additional firearms, ammunition, and firearm
19    parts that could be assembled to make an operable firearm
20    for the duration of the order under Section 8.2 of the
21    Firearm Owners Identification Card Act; and
22        (2) the respondent to comply with Section 9.5 of the
23    Firearm Owners Identification Card Act and subsection (g)
24    of Section 70 of the Firearm Concealed Carry Act.
25    (i) Except as otherwise provided in subsection (i-5) of
26this Section, upon expiration of the period of safekeeping, if

 

 

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

 

 

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

 

 

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1    and firearm parts that could be assembled to make an
2    operable firearm in a manner such that the respondent does
3    not have access to or control of the firearm, ammunition,
4    and firearm parts that could be assembled to make an
5    operable firearm; and
6        (2) the firearm, ammunition, and firearm parts that
7    could be assembled to make an operable firearm are not
8    otherwise unlawfully possessed by the owner.
9    The person petitioning for the return of his or her
10firearm, ammunition, and firearm parts that could be assembled
11to make an operable firearm must swear or affirm by affidavit
12that he or she: (i) is the lawful owner of the firearm,
13ammunition, and firearm parts that could be assembled to make
14an operable firearm; (ii) shall not transfer the firearm,
15ammunition, and firearm parts that could be assembled to make
16an operable firearm to the respondent; and (iii) will store
17the firearm, ammunition, and firearm parts that could be
18assembled to make an operable firearm in a manner that the
19respondent does not have access to or control of the firearm,
20ammunition, and firearm parts that could be assembled to make
21an operable firearm.
22    (j) If the court does not issue a firearms restraining
23order at the hearing, the court shall dissolve any emergency
24firearms restraining order then in effect.
25    (k) When the court issues a firearms restraining order
26under this Section, the court shall inform the respondent that

 

 

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1he or she is entitled to one hearing during the period of the
2order to request a termination of the order, under Section 45
3of this Act, and shall provide the respondent with a form to
4request a hearing.
5(Source: P.A. 101-81, eff. 7-12-19; 102-237, eff. 1-1-22;
6102-345, eff. 6-1-22; 102-538, eff. 8-20-21; 102-813, eff.
75-13-22; 102-1116, eff. 1-10-23.)
 
8    (430 ILCS 67/45)
9    Sec. 45. Termination and renewal.
10    (a) A person subject to a firearms restraining order
11issued under this Act may submit one written request at any
12time during the effective period of the order for a hearing to
13terminate the order.
14        (1) The respondent shall have the burden of proving by
15    a preponderance of the evidence that the respondent does
16    not pose a danger of causing personal injury to himself,
17    herself, or another in the near future by having in his or
18    her custody or control, purchasing, possessing, or
19    receiving a firearm, ammunition, and firearm parts that
20    could be assembled to make an operable firearm.
21        (2) If the court finds after the hearing that the
22    respondent has met his or her burden, the court shall
23    terminate the order.
24    (b) A petitioner may request a renewal of a firearms
25restraining order at any time within the 3 months before the

 

 

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

 

 

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1    to one year, subject to termination by further order of
2    the court at a hearing held under this Section and further
3    renewal by further order of the court under this Section.
4(Source: P.A. 101-81, eff. 7-12-19; 102-345, eff. 6-1-22;
5102-1116, eff. 1-10-23.)
 
6    (430 ILCS 67/55)
7    Sec. 55. Data maintenance by law enforcement agencies.
8    (a) All sheriffs shall furnish to the Illinois State
9Police, daily, in the form and detail the Illinois State
10Police requires, copies of any recorded firearms restraining
11orders issued by the court, and any foreign orders of
12protection filed by the clerk of the court, and transmitted to
13the sheriff by the clerk of the court under Section 50. Each
14firearms restraining order shall be entered in the Law
15Enforcement Agencies Data System (LEADS) on the same day it is
16issued by the court. If an emergency firearms restraining
17order was issued in accordance with Section 35 of this Act, the
18order shall be entered in the Law Enforcement Agencies Data
19System (LEADS) as soon as possible after receipt from the
20clerk.
21    (b) The Illinois State Police shall maintain a complete
22and systematic record and index of all valid and recorded
23firearms restraining orders issued or filed under this Act.
24The data shall be used to inform all dispatchers and law
25enforcement officers at the scene of a violation of a firearms

 

 

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1restraining order of the effective dates and terms of any
2recorded order of protection.
3    (c) The data, records, and transmittals required under
4this Section shall pertain to any valid emergency or plenary
56-month firearms restraining order, whether issued in a civil
6or criminal proceeding or authorized under the laws of another
7state, tribe, or United States territory.
8(Source: P.A. 101-81, eff. 7-12-19; 102-538, eff. 8-20-21;
9102-1116, eff. 1-10-23.)
 
10    Section 25. The Criminal Code of 2012 is amended by
11changing Section 24-1 as follows:
 
12    (720 ILCS 5/24-1)  (from Ch. 38, par. 24-1)
13    Sec. 24-1. Unlawful use of weapons.
14    (a) A person commits the offense of unlawful use of
15weapons when he knowingly:
16        (1) Sells, manufactures, purchases, possesses or
17    carries any bludgeon, black-jack, slung-shot, sand-club,
18    sand-bag, metal knuckles or other knuckle weapon
19    regardless of its composition, throwing star, or any
20    knife, commonly referred to as a switchblade knife, which
21    has a blade that opens automatically by hand pressure
22    applied to a button, spring or other device in the handle
23    of the knife, or a ballistic knife, which is a device that
24    propels a knifelike blade as a projectile by means of a

 

 

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1    coil spring, elastic material or compressed gas; or
2        (2) Carries or possesses with intent to use the same
3    unlawfully against another, a dagger, dirk, billy,
4    dangerous knife, razor, stiletto, broken bottle or other
5    piece of glass, stun gun or taser or any other dangerous or
6    deadly weapon or instrument of like character; or
7        (2.5) Carries or possesses with intent to use the same
8    unlawfully against another, any firearm in a church,
9    synagogue, mosque, or other building, structure, or place
10    used for religious worship; or
11        (3) Carries on or about his person or in any vehicle, a
12    tear gas gun projector or bomb or any object containing
13    noxious liquid gas or substance, other than an object
14    containing a non-lethal noxious liquid gas or substance
15    designed solely for personal defense carried by a person
16    18 years of age or older; or
17        (4) Carries or possesses in any vehicle or concealed
18    on or about his person except when on his land or in his
19    own abode, legal dwelling, or fixed place of business, or
20    on the land or in the legal dwelling of another person as
21    an invitee with that person's permission, any pistol,
22    revolver, stun gun or taser or other firearm, except that
23    this subsection (a) (4) does not apply to or affect
24    transportation of weapons that meet one of the following
25    conditions:
26            (i) are broken down in a non-functioning state; or

 

 

HB4328- 29 -LRB103 34894 RLC 64761 b

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

 

 

HB4328- 30 -LRB103 34894 RLC 64761 b

1        possession or under the control of a person;
2            (ii) any rifle having one or more barrels less
3        than 16 inches in length or a shotgun having one or
4        more barrels less than 18 inches in length or any
5        weapon made from a rifle or shotgun, whether by
6        alteration, modification, or otherwise, if such a
7        weapon as modified has an overall length of less than
8        26 inches; or
9            (iii) any bomb, bomb-shell, grenade, bottle or
10        other container containing an explosive substance of
11        over one-quarter ounce for like purposes, such as, but
12        not limited to, black powder bombs and Molotov
13        cocktails or artillery projectiles; or
14        (8) Carries or possesses any firearm, stun gun or
15    taser or other deadly weapon in any place which is
16    licensed to sell intoxicating beverages, or at any public
17    gathering held pursuant to a license issued by any
18    governmental body or any public gathering at which an
19    admission is charged, excluding a place where a showing,
20    demonstration or lecture involving the exhibition of
21    unloaded firearms is conducted.
22        This subsection (a)(8) does not apply to any auction
23    or raffle of a firearm held pursuant to a license or permit
24    issued by a governmental body, nor does it apply to
25    persons engaged in firearm safety training courses; or
26        (9) Carries or possesses in a vehicle or on or about

 

 

HB4328- 31 -LRB103 34894 RLC 64761 b

1    his or her person any pistol, revolver, stun gun or taser
2    or firearm or ballistic knife, when he or she is hooded,
3    robed or masked in such manner as to conceal his or her
4    identity; or
5        (10) Carries or possesses on or about his or her
6    person, upon any public street, alley, or other public
7    lands within the corporate limits of a city, village, or
8    incorporated town, except when an invitee thereon or
9    therein, for the purpose of the display of such weapon or
10    the lawful commerce in weapons, or except when on his land
11    or in his or her own abode, legal dwelling, or fixed place
12    of business, or on the land or in the legal dwelling of
13    another person as an invitee with that person's
14    permission, any pistol, revolver, stun gun, or taser or
15    other firearm, except that this subsection (a) (10) does
16    not apply to or affect transportation of weapons that meet
17    one of the following conditions:
18            (i) are broken down in a non-functioning state; or
19            (ii) are not immediately accessible; or
20            (iii) are unloaded and enclosed in a case, firearm
21        carrying box, shipping box, or other container by a
22        person who has been issued a currently valid Firearm
23        Owner's Identification Card; or
24            (iv) are carried or possessed in accordance with
25        the Firearm Concealed Carry Act by a person who has
26        been issued a currently valid license under the

 

 

HB4328- 32 -LRB103 34894 RLC 64761 b

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

 

 

HB4328- 33 -LRB103 34894 RLC 64761 b

1        (13) Carries or possesses on or about his or her
2    person while in a building occupied by a unit of
3    government, a billy club, other weapon of like character,
4    or other instrument of like character intended for use as
5    a weapon. For the purposes of this Section, "billy club"
6    means a short stick or club commonly carried by police
7    officers which is either telescopic or constructed of a
8    solid piece of wood or other man-made material; or
9        (14) Manufactures, possesses, sells, or offers to
10    sell, purchase, manufacture, import, transfer, or use any
11    device, part, kit, tool, accessory, or combination of
12    parts that is designed to and functions to increase the
13    rate of fire of a semiautomatic firearm above the standard
14    rate of fire for semiautomatic firearms that is not
15    equipped with that device, part, or combination of parts;
16    or
17        (15) Carries or possesses any assault weapon or .50
18    caliber rifle in violation of Section 24-1.9; or
19        (16) Manufactures, sells, delivers, imports, or
20    purchases any assault weapon or .50 caliber rifle in
21    violation of Section 24-1.9.
22    (b) Sentence. A person convicted of a violation of
23subsection 24-1(a)(1) through (5), subsection 24-1(a)(10),
24subsection 24-1(a)(11), or subsection 24-1(a)(13), or
2524-1(a)(15) commits a Class A misdemeanor. A person convicted
26of a violation of subsection 24-1(a)(8) or 24-1(a)(9) commits

 

 

HB4328- 34 -LRB103 34894 RLC 64761 b

1a Class 4 felony; a person convicted of a violation of
2subsection 24-1(a)(6), or 24-1(a)(7)(ii), 24-1(a)(7)(iii), or
324-1(a)(16) or (iii) commits a Class 3 felony. A person
4convicted of a violation of subsection 24-1(a)(7)(i) commits a
5Class 2 felony and shall be sentenced to a term of imprisonment
6of not less than 3 years and not more than 7 years, unless the
7weapon is possessed in the passenger compartment of a motor
8vehicle as defined in Section 1-146 of the Illinois Vehicle
9Code, or on the person, while the weapon is loaded, in which
10case it shall be a Class X felony. A person convicted of a
11second or subsequent violation of subsection 24-1(a)(4),
1224-1(a)(8), 24-1(a)(9), or 24-1(a)(10), or 24-1(a)(15) commits
13a Class 3 felony. A person convicted of a violation of
14subsection 24-1(a)(2.5) or 24-1(a)(14) commits a Class 2
15felony. The possession of each weapon or device in violation
16of this Section constitutes a single and separate violation.
17    (c) Violations in specific places.
18        (1) A person who violates subsection 24-1(a)(6) or
19    24-1(a)(7) in any school, regardless of the time of day or
20    the time of year, in residential property owned, operated
21    or managed by a public housing agency or leased by a public
22    housing agency as part of a scattered site or mixed-income
23    development, in a public park, in a courthouse, on the
24    real property comprising any school, regardless of the
25    time of day or the time of year, on residential property
26    owned, operated or managed by a public housing agency or

 

 

HB4328- 35 -LRB103 34894 RLC 64761 b

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

 

 

HB4328- 36 -LRB103 34894 RLC 64761 b

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

 

 

HB4328- 37 -LRB103 34894 RLC 64761 b

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

 

 

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

 

 

HB4328- 39 -LRB103 34894 RLC 64761 b

1    opens automatically by hand pressure applied to a button,
2    spring or other device in the handle of the knife, does not
3    apply to a person who possesses a currently valid Firearm
4    Owner's Identification Card previously issued in his or
5    her name by the Illinois State Police or to a person or an
6    entity engaged in the business of selling or manufacturing
7    switchblade knives.
8(Source: P.A. 101-223, eff. 1-1-20; 102-538, eff. 8-20-21;
9102-1116, eff. 1-10-23.)
 
10    (720 ILCS 5/24-1.9 rep.)
11    (720 ILCS 5/24-1.10 rep.)
12    Section 30. The Criminal Code of 2012 is amended by
13repealing Sections 24-1.9 and 24-1.10.
 
14    Section 99. Effective date. This Act takes effect upon
15becoming law.