103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB5888

 

Introduced , by Rep. Kevin John Olickal

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the Firearm Owners Identification Card Act. Provides that the Internet-based system for determining the validity of a Firearm Owner's Identification Card shall include a written notice, in both English and Spanish, of a firearm owner's obligation to report to local law enforcement any lost or stolen firearm within 48 hours after the owner first discovers the loss or theft. Provides that upon the issuance and each renewal of a Firearm Owner's Identification Card, the Illinois State Police shall advise the applicant or holder in writing, in both English and Spanish, of his or her obligation to report to local law enforcement any lost or stolen firearm within 48 hours after he or she first discovers the loss or theft. Provides that a person is deemed to have discovered that a firearm was lost or stolen only when the person has received evidence indicating that a loss or theft has occurred. Amends the Criminal Code of 2012. Provides that if a person who possesses a valid Firearm Owner's Identification Card and who possesses or acquires a firearm thereafter loses the firearm, or if the firearm is stolen from the person, the person must report the loss or theft of any such firearm to the local law enforcement agency within 48 (rather than 72) hours after obtaining knowledge of the loss or theft. Provides that for a second or subsequent offense of failure to report the loss or theft of a firearm to the local law enforcement agency within 48 hours of the discovery of such loss or theft shall result in revocation of the person's Firearm Owner's Identification Card. Changes the elements of the offenses of firearms trafficking, possession of a stolen firearm, and aggravated possession of a stolen firearm. Amends the Firearm Concealed Carry Act and the Firearm Dealer License Certification Act to make conforming changes. Contains a severability provision.


LRB103 42774 RLC 76016 b

 

 

A BILL FOR

 

HB5888LRB103 42774 RLC 76016 b

1    AN ACT concerning safety.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Firearm Owners Identification Card Act is
5amended by changing Sections 3, 3.1, 8, and 8.1 and by adding
6Section 7.10 as follows:
 
7    (430 ILCS 65/3)  (from Ch. 38, par. 83-3)
8    Sec. 3. (a) Except as provided in Section 3a, no person may
9knowingly transfer, or cause to be transferred, any firearm,
10firearm ammunition, stun gun, or taser to any person within
11this State unless the transferee with whom he deals displays
12either: (1) a currently valid Firearm Owner's Identification
13Card which has previously been issued in his or her name by the
14Illinois State Police under the provisions of this Act; or (2)
15a currently valid license to carry a concealed firearm which
16has previously been issued in his or her name by the Illinois
17State Police under the Firearm Concealed Carry Act. In
18addition, all firearm, stun gun, and taser transfers by
19federally licensed firearm dealers are subject to Section 3.1
20and beginning on the effective date of this amendatory Act of
21the 103rd General Assembly, the federally licensed firearm
22dealers shall check the Illinois State Police Internet-based
23system upon which the serial numbers of firearms that have

 

 

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1been reported stolen are available for public access for
2individuals to ensure any firearms are not reported stolen
3prior to the sale or transfer of a firearm under subsection
4(a-25) of this Section. New firearms shipped directly from the
5manufacturer are exempt from this provision.
6    (a-5) Any person who is not a federally licensed firearm
7dealer and who desires to transfer or sell a firearm while that
8person is on the grounds of a gun show must, before selling or
9transferring the firearm, request the Illinois State Police to
10conduct a background check on the prospective recipient of the
11firearm in accordance with Section 3.1 and beginning on the
12effective date of this amendatory Act of the 103rd General
13Assembly, the Illinois State Police shall check the Illinois
14State Police Internet-based system upon which the serial
15numbers of firearms that have been reported stolen are
16available for public access for individuals to ensure any
17firearms are not reported stolen prior to the sale or transfer
18of a firearm under subsection {a-25} of this Section. New
19firearms shipped directly from the manufacturer are exempt
20from this provision.
21    (a-10) Notwithstanding item (2) of subsection (a) of this
22Section, any person who is not a federally licensed firearm
23dealer and who desires to transfer or sell a firearm or
24firearms to any person who is not a federally licensed firearm
25dealer shall, before selling or transferring the firearms,
26contact a federal firearm license dealer under paragraph (1)

 

 

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1of subsection (a-15) of this Section to conduct the transfer
2or the Illinois State Police with the transferee's or
3purchaser's Firearm Owner's Identification Card number to
4determine the validity of the transferee's or purchaser's
5Firearm Owner's Identification Card under State and federal
6law, including the National Instant Criminal Background Check
7System. This subsection shall not be effective until July 1,
82023. Until that date the transferor shall contact the
9Illinois State Police with the transferee's or purchaser's
10Firearm Owner's Identification Card number to determine the
11validity of the card. The Illinois State Police may adopt
12rules concerning the implementation of this subsection. The
13Illinois State Police shall provide the seller or transferor
14an approval number if the purchaser's Firearm Owner's
15Identification Card is valid. Approvals issued by the Illinois
16State Police for the purchase of a firearm pursuant to this
17subsection are valid for 30 days from the date of issue.
18    (a-15) The provisions of subsection (a-10) of this Section
19do not apply to:
20        (1) transfers that occur at the place of business of a
21    federally licensed firearm dealer, if the federally
22    licensed firearm dealer conducts a background check on the
23    prospective recipient of the firearm in accordance with
24    Section 3.1 of this Act and follows all other applicable
25    federal, State, and local laws as if he or she were the
26    seller or transferor of the firearm, although the dealer

 

 

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

 

 

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1    the unlicensed transferee reasonably believes that
2    possession of the firearm is necessary to prevent imminent
3    death or great bodily harm to the unlicensed transferee;
4        (7) transfers to a law enforcement or corrections
5    agency or a law enforcement or corrections officer acting
6    within the course and scope of his or her official duties;
7        (8) transfers of firearms that have been rendered
8    permanently inoperable to a nonprofit historical society,
9    museum, or institutional collection; and
10        (9) transfers to a person who is exempt from the
11    requirement of possessing a Firearm Owner's Identification
12    Card under Section 2 of this Act.
13    (a-20) The Illinois State Police shall develop an
14Internet-based system for individuals to determine the
15validity of a Firearm Owner's Identification Card prior to the
16sale or transfer of a firearm. The Illinois State Police shall
17have the Internet-based system updated and available for use
18by January 1, 2024. The Illinois State Police shall adopt
19rules not inconsistent with this Section to implement this
20system; but no rule shall allow the Illinois State Police to
21retain records in contravention of State and federal law. The
22Internet-based system shall include a written notice, in both
23English and Spanish, of a firearm owner's obligation to report
24to local law enforcement any lost or stolen firearm within 48
25hours after the owner first discovers the loss or theft.
26    (a-25) On or before January 1, 2022, the Illinois State

 

 

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1Police shall develop an Internet-based system upon which the
2serial numbers of firearms that have been reported stolen are
3available for public access for individuals to ensure any
4firearms are not reported stolen prior to the sale or transfer
5of a firearm under this Section. The Illinois State Police
6shall have the Internet-based system completed and available
7for use by July 1, 2022. The Illinois State Police shall adopt
8rules not inconsistent with this Section to implement this
9system. On the effective date of this amendatory Act of the
10103rd General Assembly, the Illinois State Police shall make
11the Internet-based system created under this subsection
12accessible to federally licensed firearms dealers to verify
13that the make, model, and serial numbers of firearms that are
14being bought, sold, or transferred by the dealers have not
15been reported stolen and shall also provide a receipt or
16approval number to a transferor or federally licensed firearms
17dealer as verification that the firearm being transferred did
18not appear on the stolen firearm database.
19    (a-30) The Illinois State Police shall establish an
20electronic mechanism by which law enforcement shall report
21individuals who have failed to report the loss or theft of a
22firearm pursuant to Section 24-4.1 of the Criminal Code of
232012.
24    (b) Any person within this State who transfers or causes
25to be transferred any firearm, stun gun, or taser shall keep a
26record of such transfer for a period of 10 years from the date

 

 

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1of transfer. Any person within this State who receives any
2firearm, stun gun, or taser pursuant to subsection (a-10)
3shall provide a record of the transfer within 10 days of the
4transfer to a federally licensed firearm dealer and shall not
5be required to maintain a transfer record. The federally
6licensed firearm dealer shall maintain the transfer record for
720 years from the date of receipt. A federally licensed
8firearm dealer may charge a fee not to exceed $25 to retain the
9record. The record shall be provided and maintained in either
10an electronic or paper format. The federally licensed firearm
11dealer shall not be liable for the accuracy of any information
12in the transfer record submitted pursuant to this Section.
13Such records shall contain the date of the transfer; the
14description, serial number or other information identifying
15the firearm, stun gun, or taser if no serial number is
16available; and, if the transfer was completed within this
17State, the transferee's Firearm Owner's Identification Card
18number and any approval number or documentation provided by
19the Illinois State Police pursuant to subsection (a-10) of
20this Section; if the transfer was not completed within this
21State, the record shall contain the name and address of the
22transferee. On or after January 1, 2006, the record shall
23contain the date of application for transfer of the firearm.
24On demand of a peace officer such transferor shall produce for
25inspection such record of transfer. For any transfer pursuant
26to subsection (a-10) of this Section, on the demand of a peace

 

 

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1officer, such transferee shall identify the federally licensed
2firearm dealer maintaining the transfer record. If the
3transfer or sale took place at a gun show, the record shall
4include the unique identification number. Failure to record
5the unique identification number or approval number is a petty
6offense. For transfers of a firearm, stun gun, or taser made on
7or after January 18, 2019 (the effective date of Public Act
8100-1178), failure by the private seller to maintain the
9transfer records in accordance with this Section, or failure
10by a transferee pursuant to subsection a-10 of this Section to
11identify the federally licensed firearm dealer maintaining the
12transfer record, is a Class A misdemeanor for the first
13offense and a Class 4 felony for a second or subsequent offense
14occurring within 10 years of the first offense and the second
15offense was committed after conviction of the first offense.
16Whenever any person who has not previously been convicted of
17any violation of subsection (a-5), the court may grant
18supervision pursuant to and consistent with the limitations of
19Section 5-6-1 of the Unified Code of Corrections. A transferee
20or transferor shall not be criminally liable under this
21Section provided that he or she provides the Illinois State
22Police with the transfer records in accordance with procedures
23established by the Illinois State Police. The Illinois State
24Police shall establish, by rule, a standard form on its
25website.
26    (b-5) Any resident may purchase ammunition from a person

 

 

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1within or outside of Illinois if shipment is by United States
2mail or by a private express carrier authorized by federal law
3to ship ammunition. Any resident purchasing ammunition within
4or outside the State of Illinois must provide the seller with a
5copy of his or her valid Firearm Owner's Identification Card
6or valid concealed carry license and either his or her
7Illinois driver's license or Illinois State Identification
8Card prior to the shipment of the ammunition. The ammunition
9may be shipped only to an address on either of those 2
10documents.
11    (c) The provisions of this Section regarding the transfer
12of firearm ammunition shall not apply to those persons
13specified in paragraph (b) of Section 2 of this Act.
14(Source: P.A. 102-237, eff. 1-1-24; 102-538, eff. 8-20-21;
15102-813, eff. 5-13-22; 102-1116, eff. 1-10-23.)
 
16    (430 ILCS 65/3.1)  (from Ch. 38, par. 83-3.1)
17    Sec. 3.1. Firearm Transfer Inquiry Program.
18    (a) The Illinois State Police shall provide a dial up
19telephone system or utilize other existing technology which
20shall be used by any federally licensed firearm dealer, gun
21show promoter, or gun show vendor who is to transfer a firearm,
22stun gun, or taser under the provisions of this Act. The
23Illinois State Police may utilize existing technology which
24allows the caller to be charged a fee not to exceed $2. Fees
25collected by the Illinois State Police shall be deposited in

 

 

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1the State Police Firearm Services Fund and used to provide the
2service. Beginning on the effective date of this amendatory
3Act of the 103rd General Assembly, a federally licensed
4firearm dealer, gun show promoter, and gun show vendor shall
5additionally check the Illinois State Police Internet-based
6system upon which the serial numbers of firearms that have
7been reported stolen are available for public access to ensure
8any firearms are not reported stolen prior to the sale or
9transfer of a firearm under subsection (a-25) of Section 3 of
10this Act. New firearms shipped directly from the manufacturer
11are exempt from this provision.
12    (b) Upon receiving a request from a federally licensed
13firearm dealer, gun show promoter, or gun show vendor, the
14Illinois State Police shall immediately approve or, within the
15time period established by Section 24-3 of the Criminal Code
16of 2012 regarding the delivery of firearms, stun guns, and
17tasers, notify the inquiring dealer, gun show promoter, or gun
18show vendor of any objection that would disqualify the
19transferee from acquiring or possessing a firearm, stun gun,
20or taser. In conducting the inquiry, the Illinois State Police
21shall initiate and complete an automated search of its
22criminal history record information files and those of the
23Federal Bureau of Investigation, including the National
24Instant Criminal Background Check System, and of the files of
25the Department of Human Services relating to mental health and
26developmental disabilities to obtain any felony conviction or

 

 

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1patient hospitalization information which would disqualify a
2person from obtaining or require revocation of a currently
3valid Firearm Owner's Identification Card.
4    (b-5) By January 1, 2023, the Illinois State Police shall
5by rule provide a process for the automatic renewal of the
6Firearm Owner's Identification Card of a person at the time of
7an inquiry in subsection (b). Persons eligible for this
8process must have a set of fingerprints on file with their
9applications under either subsection (a-25) of Section 4 or
10the Firearm Concealed Carry Act.
11    (c) If receipt of a firearm would not violate Section 24-3
12of the Criminal Code of 2012, federal law, or this Act, the
13Illinois State Police shall:
14        (1) assign a unique identification number to the
15    transfer; and
16        (2) provide the licensee, gun show promoter, or gun
17    show vendor with the number.
18    (d) Approvals issued by the Illinois State Police for the
19purchase of a firearm are valid for 30 days from the date of
20issue.
21    (e) (1) The Illinois State Police must act as the Illinois
22Point of Contact for the National Instant Criminal Background
23Check System.
24    (2) The Illinois State Police and the Department of Human
25Services shall, in accordance with State and federal law
26regarding confidentiality, enter into a memorandum of

 

 

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1understanding with the Federal Bureau of Investigation for the
2purpose of implementing the National Instant Criminal
3Background Check System in the State. The Illinois State
4Police shall report the name, date of birth, and physical
5description of any person prohibited from possessing a firearm
6pursuant to the Firearm Owners Identification Card Act or 18
7U.S.C. 922(g) and (n) to the National Instant Criminal
8Background Check System Index, Denied Persons Files.
9    (3) The Illinois State Police shall provide notice of the
10disqualification of a person under subsection (b) of this
11Section or the revocation of a person's Firearm Owner's
12Identification Card under Section 8 or Section 8.2 of this
13Act, and the reason for the disqualification or revocation, to
14all law enforcement agencies with jurisdiction to assist with
15the seizure of the person's Firearm Owner's Identification
16Card.
17    (f) The Illinois State Police shall adopt rules not
18inconsistent with this Section to implement this system.
19(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
20102-813, eff. 5-13-22.)
 
21    (430 ILCS 65/7.10 new)
22    Sec. 7.10. Notice of obligation to report lost or stolen
23firearm. Upon the issuance and each renewal of a Firearm
24Owner's Identification Card, the Illinois State Police shall
25advise the applicant or holder in writing, in both English and

 

 

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1Spanish, of his or her obligation to report to local law
2enforcement any lost or stolen firearm within 48 hours after
3he or she first discovers the loss or theft. A person is deemed
4to have discovered that a firearm was lost or stolen only when
5the person has received evidence indicating that a loss or
6theft has occurred.
 
7    (430 ILCS 65/8)  (from Ch. 38, par. 83-8)
8    Sec. 8. Grounds for denial and revocation. The Illinois
9State Police has authority to deny an application for or to
10revoke and seize a Firearm Owner's Identification Card
11previously issued under this Act only if the Illinois State
12Police finds that the applicant or the person to whom such card
13was issued is or was at the time of issuance:
14        (a) A person under 21 years of age who has been
15    convicted of a misdemeanor other than a traffic offense or
16    adjudged delinquent;
17        (b) This subsection (b) applies through the 180th day
18    following July 12, 2019 (the effective date of Public Act
19    101-80). A person under 21 years of age who does not have
20    the written consent of his parent or guardian to acquire
21    and possess firearms and firearm ammunition, or whose
22    parent or guardian has revoked such written consent, or
23    where such parent or guardian does not qualify to have a
24    Firearm Owner's Identification Card;
25        (b-5) This subsection (b-5) applies on and after the

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1    firearm within 48 hours of the discovery of such loss or
2    theft to local law enforcement as required under
3    subsection (a) of Section 24-4.1 of the Criminal Code of
4    2012.
5    Upon revocation of a person's Firearm Owner's
6Identification Card, the Illinois State Police shall provide
7notice to the person and the person shall comply with Section
89.5 of this Act.
9(Source: P.A. 101-80, eff. 7-12-19; 102-538, eff. 8-20-21;
10102-645, eff. 1-1-22; 102-813, eff. 5-13-22; 102-1030, eff.
115-27-22; 102-1116, eff. 1-10-23.)
 
12    (430 ILCS 65/8.1)  (from Ch. 38, par. 83-8.1)
13    Sec. 8.1. Notifications to the Illinois State Police.
14    (a) The Circuit Clerk shall, in the form and manner
15required by the Supreme Court, notify the Illinois State
16Police of all final dispositions of cases for which the
17Department has received information reported to it under
18Sections 2.1 and 2.2 of the Criminal Identification Act.
19    (b) Upon adjudication of any individual as a person with a
20mental disability as defined in Section 1.1 of this Act or a
21finding that a person has been involuntarily admitted, the
22court shall direct the circuit court clerk to immediately
23notify the Illinois State Police, Firearm Owner's
24Identification (FOID) department, and shall forward a copy of
25the court order to the Department.

 

 

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1    (b-1) Beginning July 1, 2016, and each July 1 and December
230 of every year thereafter, the circuit court clerk shall, in
3the form and manner prescribed by the Illinois State Police,
4notify the Illinois State Police, Firearm Owner's
5Identification (FOID) department if the court has not directed
6the circuit court clerk to notify the Illinois State Police,
7Firearm Owner's Identification (FOID) department under
8subsection (b) of this Section, within the preceding 6 months,
9because no person has been adjudicated as a person with a
10mental disability by the court as defined in Section 1.1 of
11this Act or if no person has been involuntarily admitted. The
12Supreme Court may adopt any orders or rules necessary to
13identify the persons who shall be reported to the Illinois
14State Police under subsection (b), or any other orders or
15rules necessary to implement the requirements of this Act.
16    (c) The Department of Human Services shall, in the form
17and manner prescribed by the Illinois State Police, report all
18information collected under subsection (b) of Section 12 of
19the Mental Health and Developmental Disabilities
20Confidentiality Act for the purpose of determining whether a
21person who may be or may have been a patient in a mental health
22facility is disqualified under State or federal law from
23receiving or retaining a Firearm Owner's Identification Card,
24or purchasing a weapon.
25    (d) If a person is determined to pose a clear and present
26danger to himself, herself, or to others:

 

 

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1        (1) by a physician, clinical psychologist, or
2    qualified examiner, or is determined to have a
3    developmental disability by a physician, clinical
4    psychologist, or qualified examiner, whether employed by
5    the State or privately, then the physician, clinical
6    psychologist, or qualified examiner shall, within 24 hours
7    of making the determination, notify the Department of
8    Human Services that the person poses a clear and present
9    danger or has a developmental disability; or
10        (2) by a law enforcement official or school
11    administrator, then the law enforcement official or school
12    administrator shall, within 24 hours of making the
13    determination, notify the Illinois State Police that the
14    person poses a clear and present danger.
15    The Department of Human Services shall immediately update
16its records and information relating to mental health and
17developmental disabilities, and if appropriate, shall notify
18the Illinois State Police in a form and manner prescribed by
19the Illinois State Police. The Illinois State Police shall
20determine whether to revoke the person's Firearm Owner's
21Identification Card under Section 8 of this Act. Any
22information disclosed under this subsection shall remain
23privileged and confidential, and shall not be redisclosed,
24except as required under subsection (e) of Section 3.1 of this
25Act, nor used for any other purpose. The method of providing
26this information shall guarantee that the information is not

 

 

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1released beyond what is necessary for the purpose of this
2Section and shall be provided by rule by the Department of
3Human Services. The identity of the person reporting under
4this Section shall not be disclosed to the subject of the
5report. The physician, clinical psychologist, qualified
6examiner, law enforcement official, or school administrator
7making the determination and his or her employer shall not be
8held criminally, civilly, or professionally liable for making
9or not making the notification required under this subsection,
10except for willful or wanton misconduct.
11    (d-5) If a law enforcement official determines that a
12person has failed to report a lost or stolen firearm as
13required by Section 24-4.1 of the Criminal Code of 2012, then
14the law enforcement official shall, within 24 hours of making
15that determination, notify the Illinois State Police that the
16person has failed to report a lost or stolen firearm. The law
17enforcement official shall notify the Illinois State Police in
18a form and manner prescribed by the Illinois State Police. The
19Illinois State Police shall determine whether to revoke the
20person's Firearm Owner's Identification Card under Section 8
21of this Act. Any information disclosed under this subsection
22shall remain privileged and confidential, and shall not be
23redisclosed, except as required under subsection (e) of
24Section 3.1 of this Act, nor used for any other purpose.
25    (e) The Illinois State Police shall adopt rules to
26implement this Section.

 

 

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1(Source: P.A. 102-538, eff. 8-20-21.)
 
2    Section 10. The Firearm Concealed Carry Act is amended by
3adding Section 56 as follows:
 
4    (430 ILCS 66/56 new)
5    Sec. 56. Notice of obligation to report lost or stolen
6firearm. Upon the issuance and each renewal of a concealed
7carry license, the Illinois State Police shall advise the
8applicant or licensee in writing, in both English and Spanish,
9of his or her obligation to report to local law enforcement any
10lost or stolen firearm within 48 hours after he or she first
11discovers the theft or loss.
 
12    Section 15. The Firearm Dealer License Certification Act
13is amended by changing Section 5-20 as follows:
 
14    (430 ILCS 68/5-20)
15    Sec. 5-20. Additional licensee requirements.
16    (a) A certified licensee shall make a photo copy of a
17buyer's or transferee's valid photo identification card
18whenever a firearm sale transaction takes place. The photo
19copy shall be attached to the documentation detailing the
20record of sale.
21    (b) A certified licensee shall post in a conspicuous
22position on the premises where the licensee conducts business

 

 

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1a sign that contains the following warning in block letters
2not less than one inch in height:
3        "With few exceptions enumerated in the Firearm Owners
4    Identification Card Act, it is unlawful for you to:
5            (A) store or leave an unsecured firearm in a place
6        where a child can obtain access to it;
7            (B) sell or transfer your firearm to someone else
8        without receiving approval for the transfer from the
9        Illinois State Police, or
10            (C) fail to report the loss or theft of your
11        firearm to local law enforcement within 72 hours.".
12This sign shall be created by the Illinois State Police and
13made available for printing or downloading from the Illinois
14State Police's website.
15    (c) No retail location established after the effective
16date of this Act shall be located within 500 feet of any
17school, pre-school, or day care facility in existence at its
18location before the retail location is established as measured
19from the nearest corner of the building holding the retail
20location to the corner of the school, pre-school, or day care
21facility building nearest the retail location at the time the
22retail location seeks licensure.
23    (d) A certified dealer who sells or transfers a firearm
24shall notify the purchaser or the recipient, orally and in
25writing, in both English and Spanish, at the time of the sale
26or transfer, that the owner of a firearm is required to report

 

 

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1a lost or stolen firearm to local law enforcement within 48
2hours after the owner first discovers the loss or theft. The
3Illinois State Police shall create a written notice, in both
4English and Spanish, that certified dealers shall provide
5firearm purchasers or transferees in accordance with this
6provision and make such notice available for printing or
7downloading from the Illinois State Police website.
8(Source: P.A. 102-538, eff. 8-20-21.)
 
9    Section 20. The Criminal Code of 2012 is amended by
10changing Sections 24-3.8, 24-3.9, 24-3B, and 24-4.1 as
11follows:
 
12    (720 ILCS 5/24-3.8)
13    Sec. 24-3.8. Possession of a stolen firearm.
14    (a) A person commits possession of a stolen firearm when
15he or she, not being entitled to the possession of a firearm,
16possesses the firearm while he or she knows or reasonably
17should know the firearm , knowing it to have been stolen or
18converted. The trier of fact may infer that a person who
19possesses a firearm with knowledge that its serial number has
20been removed or altered has knowledge or reasonably should
21know that the firearm is stolen or converted. The trier of fact
22may, but is not required to, infer that a person who possesses
23a firearm purchased on or after the effective date of this
24amendatory Act of the 103rd General Assembly, with a make,

 

 

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1model, and serial number reported as stolen on the Illinois
2State Police publicly accessible stolen firearm database under
3subsection (a-25) of Section 3 of the Firearm Owners
4Identification Card Act knows or reasonably should know that
5the firearm is stolen or converted.
6    (b) Possession of a stolen firearm is a Class 2 felony.
7(Source: P.A. 97-597, eff. 1-1-12; incorporates 97-347, eff.
81-1-12; 97-1109, eff. 1-1-13.)
 
9    (720 ILCS 5/24-3.9)
10    Sec. 24-3.9. Aggravated possession of a stolen firearm.
11    (a) A person commits aggravated possession of a stolen
12firearm when he or she:
13        (1) Not being entitled to the possession of not less
14    than 2 and not more than 5 firearms, possesses those
15    firearms at the same time or within a one-year period,
16    knows or reasonably should know knowing the firearms to
17    have been stolen or converted.
18        (2) Not being entitled to the possession of not less
19    than 6 and not more than 10 firearms, possesses those
20    firearms at the same time or within a 2-year period, knows
21    or reasonably should know knowing the firearms to have
22    been stolen or converted.
23        (3) Not being entitled to the possession of not less
24    than 11 and not more than 20 firearms, possesses those
25    firearms at the same time or within a 3-year period, knows

 

 

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1    or reasonably should know knowing the firearms to have
2    been stolen or converted.
3        (4) Not being entitled to the possession of not less
4    than 21 and not more than 30 firearms, possesses those
5    firearms at the same time or within a 4-year period, knows
6    or reasonably should know knowing the firearms to have
7    been stolen or converted.
8        (5) Not being entitled to the possession of more than
9    30 firearms, possesses those firearms at the same time or
10    within a 5-year period, knows or reasonably should know
11    knowing the firearms to have been stolen or converted.
12    (b) The trier of fact may infer that a person who possesses
13a firearm with knowledge that its serial number has been
14removed or altered has knowledge or reasonably should know
15that the firearm is stolen or converted. The trier of fact may,
16but is not required to, infer that a person who possesses a
17firearm purchased on or after the effective date of this
18amendatory Act of the 103rd General Assembly, with a make,
19model, and serial number reported as stolen on the Illinois
20State Police publicly accessible stolen firearm database under
21subsection (a-25) of Section 3 of the Firearm Owners
22Identification Card Act knows or reasonably should know that
23the firearm is stolen or converted.
24    (c) Sentence.
25        (1) A person who violates paragraph (1) of subsection
26    (a) of this Section commits a Class 1 felony.

 

 

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1        (2) A person who violates paragraph (2) of subsection
2    (a) of this Section commits a Class X felony for which he
3    or she shall be sentenced to a term of imprisonment of not
4    less than 6 years and not more than 30 years.
5        (3) A person who violates paragraph (3) of subsection
6    (a) of this Section commits a Class X felony for which he
7    or she shall be sentenced to a term of imprisonment of not
8    less than 6 years and not more than 40 years.
9        (4) A person who violates paragraph (4) of subsection
10    (a) of this Section commits a Class X felony for which he
11    or she shall be sentenced to a term of imprisonment of not
12    less than 6 years and not more than 50 years.
13        (5) A person who violates paragraph (5) of subsection
14    (a) of this Section commits a Class X felony for which he
15    or she shall be sentenced to a term of imprisonment of not
16    less than 6 years and not more than 60 years.
17(Source: P.A. 97-597, eff. 1-1-12; incorporates 97-347, eff.
181-1-12; 97-1109, eff. 1-1-13.)
 
19    (720 ILCS 5/24-3B)
20    Sec. 24-3B. Firearms trafficking.
21    (a) A person commits firearms trafficking when he or she
22has not been issued a currently valid Firearm Owner's
23Identification Card and knowingly:
24        (1) brings, or causes to be brought, into this State,
25    a firearm or firearm ammunition for the purpose of sale,

 

 

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1    delivery, or transfer to any other person or with the
2    intent to sell, deliver, or transfer the firearm or
3    firearm ammunition to any other person; or
4        (2) brings, or causes to be brought, into this State,
5    a firearm and firearm ammunition for the purpose of sale,
6    delivery, or transfer to any other person or with the
7    intent to sell, deliver, or transfer the firearm and
8    firearm ammunition to any other person; or
9        (3) transports on an expressway in this State a
10    vehicle any stolen firearm or a firearm the possessor
11    reasonably should know was stolen.
12    (a-1) The trier of fact may, but is not required to, infer
13that a person who possesses a firearm purchased on or after the
14effective date of this amendatory Act of the 103rd General
15Assembly, with a make, model, and serial number reported as
16stolen on the Illinois State Police publicly accessible stolen
17firearm database under subsection (a-25) of Section 3 of the
18Firearm Owners Identification Card Act knows or reasonably
19should know that the firearm is stolen or converted.
20    (a-2) In this Section, "expressway" has the meaning
21provided in Section 1-119.3 of the Illinois Vehicle Code.
22    (a-5) This Section does not apply to:
23        (1) a person exempt under Section 2 of the Firearm
24    Owners Identification Card Act from the requirement of
25    having possession of a Firearm Owner's Identification Card
26    previously issued in his or her name by the Illinois State

 

 

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1    Police in order to acquire or possess a firearm or firearm
2    ammunition;
3        (2) a common carrier under subsection (i) of Section
4    24-2 of this Code; or
5        (3) a non-resident who may lawfully possess a firearm
6    in his or her resident state.
7    (b) Sentence.
8        (1) Firearms trafficking is a Class 1 felony for which
9    the person, if sentenced to a term of imprisonment, shall
10    be sentenced to not less than 4 years and not more than 20
11    years.
12        (2) Firearms trafficking by a person who has been
13    previously convicted of firearms trafficking, gunrunning,
14    or a felony offense for the unlawful sale, delivery, or
15    transfer of a firearm or firearm ammunition in this State
16    or another jurisdiction is a Class X felony.
17(Source: P.A. 102-538, eff. 8-20-21.)
 
18    (720 ILCS 5/24-4.1)
19    Sec. 24-4.1. Report of lost or stolen firearms.
20    (a) If a person who possesses a valid Firearm Owner's
21Identification Card and who possesses or acquires a firearm
22thereafter loses the firearm, or if the firearm is stolen from
23the person, the person must report the loss or theft of any
24such firearm to the local law enforcement agency within 48 72
25hours after obtaining knowledge of the loss or theft. The

 

 

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1report shall include:
2        (1) the date the firearm was lost or stolen;
3        (2) the exact location where the firearm was lost or
4    stolen or, if the exact location is not known, the last
5    known location of the firearm;
6        (3) the caliber, make, model, and serial number of the
7    firearm; and
8        (4) a description of the circumstances under which the
9    firearm was lost or stolen.
10    (b) A law enforcement agency having jurisdiction shall
11take a written report and shall, as soon as practical, and in
12no event later than 48 hours after receiving the report, enter
13the information and the firearm's serial number as stolen into
14the Law Enforcement Agencies Data System (LEADS).
15    (c) A person shall not be in violation of this Section if:
16        (1) the failure to report is due to an act of God, act
17    of war, or inability of a law enforcement agency to
18    receive the report;
19        (2) the person is hospitalized, in a coma, or is
20    otherwise seriously physically or mentally impaired as to
21    prevent the person from reporting; or
22        (3) the person's designee makes a report if the person
23    is unable to make the report.
24    (d) Sentence. A person who violates this Section is guilty
25of a petty offense for a first violation. A second or
26subsequent violation of this Section is a Class A misdemeanor.

 

 

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1For a second or subsequent offense, the failure to report a
2loss or theft of a firearm within 48 hours of the discovery of
3such loss or theft as required under subsection (a) shall
4result in revocation of the person's Firearm Owner's
5Identification Card. Pursuant to subsection (a) of Section 10
6of the Firearm Owners Identification Card Act, a person whose
7card is revoked under this Section may file a record challenge
8with the Director of the Illinois State Police as provided in
9subsection (a-10) of Section 10 of that Act or appeal to the
10Firearm Owner's Identification Card Review Board for relief as
11provided in subsection (c) of Section 10 of that Act.
12    (e) A prosecution for an offense under this Section may be
13commenced within 3 years after the discovery by law
14enforcement or prosecution of the failure to report the theft
15or loss of a firearm as required under subsection (a).
16(Source: P.A. 98-508, eff. 8-19-13.)
 
17    Section 97. Severability. The provisions of this Act are
18severable under Section 1.31 of the Statute on Statutes.

 

 

HB5888- 33 -LRB103 42774 RLC 76016 b

1 INDEX
2 Statutes amended in order of appearance
3    430 ILCS 65/3from Ch. 38, par. 83-3
4    430 ILCS 65/3.1from Ch. 38, par. 83-3.1
5    430 ILCS 65/7.10 new
6    430 ILCS 65/8from Ch. 38, par. 83-8
7    430 ILCS 65/8.1from Ch. 38, par. 83-8.1
8    430 ILCS 66/56 new
9    430 ILCS 68/5-20
10    720 ILCS 5/24-3.8
11    720 ILCS 5/24-3.9
12    720 ILCS 5/24-3B
13    720 ILCS 5/24-4.1