Illinois General Assembly - Full Text of SB2226
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Full Text of SB2226  102nd General Assembly

SB2226ham003 102ND GENERAL ASSEMBLY

Rep. Emanuel Chris Welch

Filed: 1/5/2023

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 2226

2    AMENDMENT NO. ______. Amend Senate Bill 2226, AS AMENDED,
3by replacing everything after the enacting clause with the
4following:
 
5    "Section 1. This Act may be referred to as the Protect
6Illinois Communities Act.
 
7    Section 5. The Illinois State Police Law of the Civil
8Administrative Code of Illinois is amended by changing
9Sections 2605-35 and 2605-51.1 as follows:
 
10    (20 ILCS 2605/2605-35)  (was 20 ILCS 2605/55a-3)
11    Sec. 2605-35. Division of Criminal Investigation.
12    (a) The Division of Criminal Investigation shall exercise
13the following functions and those in Section 2605-30:
14        (1) Exercise the rights, powers, and duties vested by
15    law in the Illinois State Police by the Illinois Horse

 

 

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1    Racing Act of 1975, including those set forth in Section
2    2605-215.
3        (2) Investigate the origins, activities, personnel,
4    and incidents of crime and enforce the criminal laws of
5    this State related thereto.
6        (3) Enforce all laws regulating the production, sale,
7    prescribing, manufacturing, administering, transporting,
8    having in possession, dispensing, delivering,
9    distributing, or use of controlled substances and
10    cannabis.
11        (4) Cooperate with the police of cities, villages, and
12    incorporated towns and with the police officers of any
13    county in enforcing the laws of the State and in making
14    arrests and recovering property.
15        (5) Apprehend and deliver up any person charged in
16    this State or any other state with treason or a felony or
17    other crime who has fled from justice and is found in this
18    State.
19        (6) Investigate recipients and providers under the
20    Illinois Public Aid Code and any personnel involved in the
21    administration of the Code who are suspected of any
22    violation of the Code pertaining to fraud in the
23    administration, receipt, or provision of assistance and
24    pertaining to any violation of criminal law; and exercise
25    the functions required under Section 2605-220 in the
26    conduct of those investigations.

 

 

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1        (7) Conduct other investigations as provided by law,
2    including, but not limited to, investigations of human
3    trafficking, illegal drug trafficking, and illegal
4    firearms trafficking.
5        (8) Investigate public corruption.
6        (9) Exercise other duties that may be assigned by the
7    Director in order to fulfill the responsibilities and
8    achieve the purposes of the Illinois State Police, which
9    may include the coordination of gang, terrorist, and
10    organized crime prevention, control activities, and
11    assisting local law enforcement in their crime control
12    activities.
13        (10) Conduct investigations (and cooperate with
14    federal law enforcement agencies in the investigation) of
15    any property-related crimes, such as money laundering,
16    involving individuals or entities listed on the sanctions
17    list maintained by the U.S. Department of Treasury's
18    Office of Foreign Asset Control.
19    (b) (Blank).
20    (c) The Division of Criminal Investigation shall provide
21statewide coordination and strategy pertaining to
22firearm-related intelligence, firearms trafficking
23interdiction, and investigations reaching across all divisions
24of the Illinois State Police, including providing crime gun
25intelligence support for suspects and firearms involved in
26firearms trafficking or the commission of a crime involving

 

 

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1firearms that is investigated by the Illinois State Police and
2other federal, State, and local law enforcement agencies, with
3the objective of reducing and preventing illegal possession
4and use of firearms, firearms trafficking, firearm-related
5homicides, and other firearm-related violent crimes in
6Illinois.
7(Source: P.A. 102-538, eff. 8-20-21; 102-813, eff. 5-13-22;
8102-1108, eff. 12-21-22.)
 
9    (20 ILCS 2605/2605-51.1)
10    (Section scheduled to be repealed on June 1, 2026)
11    Sec. 2605-51.1. Commission on Implementing the Firearms
12Restraining Order Act.
13    (a) There is created the Commission on Implementing the
14Firearms Restraining Order Act composed of at least 12 members
15to advise on the strategies of education and implementation of
16the Firearms Restraining Order Act. The Commission shall be
17appointed by the Director of the Illinois State Police or his
18or her designee and shall include a liaison or representative
19nominated from the following:
20        (1) the Office of the Attorney General, appointed by
21    the Attorney General;
22        (2) the Director of the Illinois State Police or his
23    or her designee;
24        (3) at least 3 State's Attorneys, nominated by the
25    Director of the Office of the State's Attorneys Appellate

 

 

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1    Prosecutor;
2        (4) at least 2 municipal police department
3    representatives, nominated by the Illinois Association of
4    Chiefs of Police;
5        (5) an Illinois sheriff, nominated by the Illinois
6    Sheriffs' Association;
7        (6) the Director of Public Health or his or her
8    designee;
9        (7) the Illinois Law Enforcement Training Standards
10    Board, nominated by the Executive Director of the Board;
11        (8) a representative from a public defender's office,
12    nominated by the State Appellate Defender;
13        (9) a circuit court judge, nominated by the Chief
14    Justice of the Supreme Court;
15        (10) a prosecutor with experience managing or
16    directing a program in another state where the
17    implementation of that state's extreme risk protection
18    order law has achieved high rates of petition filings
19    nominated by the National District Attorneys Association;
20    and
21        (11) an expert from law enforcement who has experience
22    managing or directing a program in another state where the
23    implementation of that state's extreme risk protection
24    order law has achieved high rates of petition filings
25    nominated by the Director of the Illinois State Police;
26    and

 

 

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1        (12) a circuit court clerk, nominated by the President
2    of the Illinois Association of Court Clerks.
3    (b) The Commission shall be chaired by the Director of the
4Illinois State Police or his or her designee. The Commission
5shall meet, either virtually or in person, to discuss the
6implementation of the Firearms Restraining Order Act as
7determined by the Commission while the strategies are being
8established.
9    (c) The members of the Commission shall serve without
10compensation and shall serve 3-year terms.
11    (d) An annual report shall be submitted to the General
12Assembly by the Commission that may include summary
13information about firearms restraining order use by county,
14challenges to Firearms Restraining Order Act implementation,
15and recommendations for increasing and improving
16implementation.
17    (e) The Commission shall develop a model policy with an
18overall framework for the timely relinquishment of firearms
19whenever a firearms restraining order is issued. The model
20policy shall be finalized within the first 4 months of
21convening. In formulating the model policy, the Commission
22shall consult counties in Illinois and other states with
23extreme risk protection order laws which have achieved a high
24rate of petition filings. Once approved, the Illinois State
25Police shall work with their local law enforcement agencies
26within their county to design a comprehensive strategy for the

 

 

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1timely relinquishment of firearms, using the model policy as
2an overall framework. Each individual agency may make small
3modifications as needed to the model policy and must approve
4and adopt a policy that aligns with the model policy. The
5Illinois State Police shall convene local police chiefs and
6sheriffs within their county as needed to discuss the
7relinquishment of firearms.
8    (f) The Commission shall be dissolved June 1, 2025 (3
9years after the effective date of Public Act 102-345).
10    (g) This Section is repealed June 1, 2026 (4 years after
11the effective date of Public Act 102-345).
12(Source: P.A. 102-345, eff. 6-1-22; 102-813, eff. 5-13-22.)
 
13    Section 10. The Illinois Procurement Code is amended by
14changing Section 1-10 as follows:
 
15    (30 ILCS 500/1-10)
16    Sec. 1-10. Application.
17    (a) This Code applies only to procurements for which
18bidders, offerors, potential contractors, or contractors were
19first solicited on or after July 1, 1998. This Code shall not
20be construed to affect or impair any contract, or any
21provision of a contract, entered into based on a solicitation
22prior to the implementation date of this Code as described in
23Article 99, including, but not limited to, any covenant
24entered into with respect to any revenue bonds or similar

 

 

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1instruments. All procurements for which contracts are
2solicited between the effective date of Articles 50 and 99 and
3July 1, 1998 shall be substantially in accordance with this
4Code and its intent.
5    (b) This Code shall apply regardless of the source of the
6funds with which the contracts are paid, including federal
7assistance moneys. This Code shall not apply to:
8        (1) Contracts between the State and its political
9    subdivisions or other governments, or between State
10    governmental bodies, except as specifically provided in
11    this Code.
12        (2) Grants, except for the filing requirements of
13    Section 20-80.
14        (3) Purchase of care, except as provided in Section
15    5-30.6 of the Illinois Public Aid Code and this Section.
16        (4) Hiring of an individual as an employee and not as
17    an independent contractor, whether pursuant to an
18    employment code or policy or by contract directly with
19    that individual.
20        (5) Collective bargaining contracts.
21        (6) Purchase of real estate, except that notice of
22    this type of contract with a value of more than $25,000
23    must be published in the Procurement Bulletin within 10
24    calendar days after the deed is recorded in the county of
25    jurisdiction. The notice shall identify the real estate
26    purchased, the names of all parties to the contract, the

 

 

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1    value of the contract, and the effective date of the
2    contract.
3        (7) Contracts necessary to prepare for anticipated
4    litigation, enforcement actions, or investigations,
5    provided that the chief legal counsel to the Governor
6    shall give his or her prior approval when the procuring
7    agency is one subject to the jurisdiction of the Governor,
8    and provided that the chief legal counsel of any other
9    procuring entity subject to this Code shall give his or
10    her prior approval when the procuring entity is not one
11    subject to the jurisdiction of the Governor.
12        (8) (Blank).
13        (9) Procurement expenditures by the Illinois
14    Conservation Foundation when only private funds are used.
15        (10) (Blank).
16        (11) Public-private agreements entered into according
17    to the procurement requirements of Section 20 of the
18    Public-Private Partnerships for Transportation Act and
19    design-build agreements entered into according to the
20    procurement requirements of Section 25 of the
21    Public-Private Partnerships for Transportation Act.
22        (12) (A) Contracts for legal, financial, and other
23    professional and artistic services entered into by the
24    Illinois Finance Authority in which the State of Illinois
25    is not obligated. Such contracts shall be awarded through
26    a competitive process authorized by the members of the

 

 

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1    Illinois Finance Authority and are subject to Sections
2    5-30, 20-160, 50-13, 50-20, 50-35, and 50-37 of this Code,
3    as well as the final approval by the members of the
4    Illinois Finance Authority of the terms of the contract.
5        (B) Contracts for legal and financial services entered
6    into by the Illinois Housing Development Authority in
7    connection with the issuance of bonds in which the State
8    of Illinois is not obligated. Such contracts shall be
9    awarded through a competitive process authorized by the
10    members of the Illinois Housing Development Authority and
11    are subject to Sections 5-30, 20-160, 50-13, 50-20, 50-35,
12    and 50-37 of this Code, as well as the final approval by
13    the members of the Illinois Housing Development Authority
14    of the terms of the contract.
15        (13) Contracts for services, commodities, and
16    equipment to support the delivery of timely forensic
17    science services in consultation with and subject to the
18    approval of the Chief Procurement Officer as provided in
19    subsection (d) of Section 5-4-3a of the Unified Code of
20    Corrections, except for the requirements of Sections
21    20-60, 20-65, 20-70, and 20-160 and Article 50 of this
22    Code; however, the Chief Procurement Officer may, in
23    writing with justification, waive any certification
24    required under Article 50 of this Code. For any contracts
25    for services which are currently provided by members of a
26    collective bargaining agreement, the applicable terms of

 

 

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1    the collective bargaining agreement concerning
2    subcontracting shall be followed.
3        On and after January 1, 2019, this paragraph (13),
4    except for this sentence, is inoperative.
5        (14) Contracts for participation expenditures required
6    by a domestic or international trade show or exhibition of
7    an exhibitor, member, or sponsor.
8        (15) Contracts with a railroad or utility that
9    requires the State to reimburse the railroad or utilities
10    for the relocation of utilities for construction or other
11    public purpose. Contracts included within this paragraph
12    (15) shall include, but not be limited to, those
13    associated with: relocations, crossings, installations,
14    and maintenance. For the purposes of this paragraph (15),
15    "railroad" means any form of non-highway ground
16    transportation that runs on rails or electromagnetic
17    guideways and "utility" means: (1) public utilities as
18    defined in Section 3-105 of the Public Utilities Act, (2)
19    telecommunications carriers as defined in Section 13-202
20    of the Public Utilities Act, (3) electric cooperatives as
21    defined in Section 3.4 of the Electric Supplier Act, (4)
22    telephone or telecommunications cooperatives as defined in
23    Section 13-212 of the Public Utilities Act, (5) rural
24    water or waste water systems with 10,000 connections or
25    less, (6) a holder as defined in Section 21-201 of the
26    Public Utilities Act, and (7) municipalities owning or

 

 

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1    operating utility systems consisting of public utilities
2    as that term is defined in Section 11-117-2 of the
3    Illinois Municipal Code.
4        (16) Procurement expenditures necessary for the
5    Department of Public Health to provide the delivery of
6    timely newborn screening services in accordance with the
7    Newborn Metabolic Screening Act.
8        (17) Procurement expenditures necessary for the
9    Department of Agriculture, the Department of Financial and
10    Professional Regulation, the Department of Human Services,
11    and the Department of Public Health to implement the
12    Compassionate Use of Medical Cannabis Program and Opioid
13    Alternative Pilot Program requirements and ensure access
14    to medical cannabis for patients with debilitating medical
15    conditions in accordance with the Compassionate Use of
16    Medical Cannabis Program Act.
17        (18) This Code does not apply to any procurements
18    necessary for the Department of Agriculture, the
19    Department of Financial and Professional Regulation, the
20    Department of Human Services, the Department of Commerce
21    and Economic Opportunity, and the Department of Public
22    Health to implement the Cannabis Regulation and Tax Act if
23    the applicable agency has made a good faith determination
24    that it is necessary and appropriate for the expenditure
25    to fall within this exemption and if the process is
26    conducted in a manner substantially in accordance with the

 

 

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1    requirements of Sections 20-160, 25-60, 30-22, 50-5,
2    50-10, 50-10.5, 50-12, 50-13, 50-15, 50-20, 50-21, 50-35,
3    50-36, 50-37, 50-38, and 50-50 of this Code; however, for
4    Section 50-35, compliance applies only to contracts or
5    subcontracts over $100,000. Notice of each contract
6    entered into under this paragraph (18) that is related to
7    the procurement of goods and services identified in
8    paragraph (1) through (9) of this subsection shall be
9    published in the Procurement Bulletin within 14 calendar
10    days after contract execution. The Chief Procurement
11    Officer shall prescribe the form and content of the
12    notice. Each agency shall provide the Chief Procurement
13    Officer, on a monthly basis, in the form and content
14    prescribed by the Chief Procurement Officer, a report of
15    contracts that are related to the procurement of goods and
16    services identified in this subsection. At a minimum, this
17    report shall include the name of the contractor, a
18    description of the supply or service provided, the total
19    amount of the contract, the term of the contract, and the
20    exception to this Code utilized. A copy of any or all of
21    these contracts shall be made available to the Chief
22    Procurement Officer immediately upon request. The Chief
23    Procurement Officer shall submit a report to the Governor
24    and General Assembly no later than November 1 of each year
25    that includes, at a minimum, an annual summary of the
26    monthly information reported to the Chief Procurement

 

 

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1    Officer. This exemption becomes inoperative 5 years after
2    June 25, 2019 (the effective date of Public Act 101-27).
3        (19) Acquisition of modifications or adjustments,
4    limited to assistive technology devices and assistive
5    technology services, adaptive equipment, repairs, and
6    replacement parts to provide reasonable accommodations (i)
7    that enable a qualified applicant with a disability to
8    complete the job application process and be considered for
9    the position such qualified applicant desires, (ii) that
10    modify or adjust the work environment to enable a
11    qualified current employee with a disability to perform
12    the essential functions of the position held by that
13    employee, (iii) to enable a qualified current employee
14    with a disability to enjoy equal benefits and privileges
15    of employment as are enjoyed by other similarly situated
16    employees without disabilities, and (iv) that allow a
17    customer, client, claimant, or member of the public
18    seeking State services full use and enjoyment of and
19    access to its programs, services, or benefits.
20        For purposes of this paragraph (19):
21        "Assistive technology devices" means any item, piece
22    of equipment, or product system, whether acquired
23    commercially off the shelf, modified, or customized, that
24    is used to increase, maintain, or improve functional
25    capabilities of individuals with disabilities.
26        "Assistive technology services" means any service that

 

 

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1    directly assists an individual with a disability in
2    selection, acquisition, or use of an assistive technology
3    device.
4        "Qualified" has the same meaning and use as provided
5    under the federal Americans with Disabilities Act when
6    describing an individual with a disability.
7        (20) Procurement expenditures necessary for the
8    Illinois Commerce Commission to hire third-party
9    facilitators pursuant to Sections 16-105.17 and 16-108.18
10    of the Public Utilities Act or an ombudsman pursuant to
11    Section 16-107.5 of the Public Utilities Act, a
12    facilitator pursuant to Section 16-105.17 of the Public
13    Utilities Act, or a grid auditor pursuant to Section
14    16-105.10 of the Public Utilities Act.
15        (21) Procurement expenditures for the purchase,
16    renewal, and expansion of software, software licenses, or
17    software maintenance agreements that support the efforts
18    of the Illinois State Police to enforce, regulate, and
19    administer the Firearm Owners Identification Card Act, the
20    Firearm Concealed Carry Act, the Firearms Restraining
21    Order Act, the Firearm Dealer License Certification Act,
22    the Law Enforcement Agencies Data System (LEADS), the
23    Uniform Crime Reporting Act, the Criminal Identification
24    Act, the Uniform Conviction Information Act, and the Gun
25    Trafficking Information Act, or establish or maintain
26    record management systems necessary to conduct human

 

 

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1    trafficking investigations or gun trafficking or other
2    stolen firearm investigations. This paragraph (21) applies
3    to contracts entered into on or after the effective date
4    of this amendatory Act of the 102nd General Assembly and
5    the renewal of contracts that are in effect on the
6    effective date of this amendatory Act of the 102nd General
7    Assembly.
8    Notwithstanding any other provision of law, for contracts
9with an annual value of more than $100,000 entered into on or
10after October 1, 2017 under an exemption provided in any
11paragraph of this subsection (b), except paragraph (1), (2),
12or (5), each State agency shall post to the appropriate
13procurement bulletin the name of the contractor, a description
14of the supply or service provided, the total amount of the
15contract, the term of the contract, and the exception to the
16Code utilized. The chief procurement officer shall submit a
17report to the Governor and General Assembly no later than
18November 1 of each year that shall include, at a minimum, an
19annual summary of the monthly information reported to the
20chief procurement officer.
21    (c) This Code does not apply to the electric power
22procurement process provided for under Section 1-75 of the
23Illinois Power Agency Act and Section 16-111.5 of the Public
24Utilities Act.
25    (d) Except for Section 20-160 and Article 50 of this Code,
26and as expressly required by Section 9.1 of the Illinois

 

 

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1Lottery Law, the provisions of this Code do not apply to the
2procurement process provided for under Section 9.1 of the
3Illinois Lottery Law.
4    (e) This Code does not apply to the process used by the
5Capital Development Board to retain a person or entity to
6assist the Capital Development Board with its duties related
7to the determination of costs of a clean coal SNG brownfield
8facility, as defined by Section 1-10 of the Illinois Power
9Agency Act, as required in subsection (h-3) of Section 9-220
10of the Public Utilities Act, including calculating the range
11of capital costs, the range of operating and maintenance
12costs, or the sequestration costs or monitoring the
13construction of clean coal SNG brownfield facility for the
14full duration of construction.
15    (f) (Blank).
16    (g) (Blank).
17    (h) This Code does not apply to the process to procure or
18contracts entered into in accordance with Sections 11-5.2 and
1911-5.3 of the Illinois Public Aid Code.
20    (i) Each chief procurement officer may access records
21necessary to review whether a contract, purchase, or other
22expenditure is or is not subject to the provisions of this
23Code, unless such records would be subject to attorney-client
24privilege.
25    (j) This Code does not apply to the process used by the
26Capital Development Board to retain an artist or work or works

 

 

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1of art as required in Section 14 of the Capital Development
2Board Act.
3    (k) This Code does not apply to the process to procure
4contracts, or contracts entered into, by the State Board of
5Elections or the State Electoral Board for hearing officers
6appointed pursuant to the Election Code.
7    (l) This Code does not apply to the processes used by the
8Illinois Student Assistance Commission to procure supplies and
9services paid for from the private funds of the Illinois
10Prepaid Tuition Fund. As used in this subsection (l), "private
11funds" means funds derived from deposits paid into the
12Illinois Prepaid Tuition Trust Fund and the earnings thereon.
13    (m) This Code shall apply regardless of the source of
14funds with which contracts are paid, including federal
15assistance moneys. Except as specifically provided in this
16Code, this Code shall not apply to procurement expenditures
17necessary for the Department of Public Health to conduct the
18Healthy Illinois Survey in accordance with Section 2310-431 of
19the Department of Public Health Powers and Duties Law of the
20Civil Administrative Code of Illinois.
21(Source: P.A. 101-27, eff. 6-25-19; 101-81, eff. 7-12-19;
22101-363, eff. 8-9-19; 102-175, eff. 7-29-21; 102-483, eff
231-1-22; 102-558, eff. 8-20-21; 102-600, eff. 8-27-21; 102-662,
24eff. 9-15-21; 102-721, eff. 1-1-23; 102-813, eff. 5-13-22.)
 
25    Section 15. The Firearm Owners Identification Card Act is

 

 

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1amended by changing Sections 2, 4, and 8 and by adding Section
24.1 as follows:
 
3    (430 ILCS 65/2)  (from Ch. 38, par. 83-2)
4    Sec. 2. Firearm Owner's Identification Card required;
5exceptions.
6    (a) (1) No person may acquire or possess any firearm, stun
7gun, or taser within this State without having in his or her
8possession a Firearm Owner's Identification Card previously
9issued in his or her name by the Illinois State Police under
10the provisions of this Act.
11    (2) No person may acquire or possess firearm ammunition
12within this State without having in his or her possession a
13Firearm Owner's Identification Card previously issued in his
14or her name by the Illinois State Police under the provisions
15of this Act.
16    (b) The provisions of this Section regarding the
17possession of firearms, firearm ammunition, stun guns, and
18tasers do not apply to:
19        (1) United States Marshals, while engaged in the
20    operation of their official duties;
21        (2) Members of the Armed Forces of the United States
22    or the National Guard, while engaged in the operation of
23    their official duties;
24        (3) Federal officials required to carry firearms,
25    while engaged in the operation of their official duties;

 

 

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1        (4) Members of bona fide veterans organizations which
2    receive firearms directly from the armed forces of the
3    United States, while using the firearms for ceremonial
4    purposes with blank ammunition;
5        (5) Nonresident hunters during hunting season, with
6    valid nonresident hunting licenses and while in an area
7    where hunting is permitted; however, at all other times
8    and in all other places these persons must have their
9    firearms unloaded and enclosed in a case;
10        (6) Those hunters exempt from obtaining a hunting
11    license who are required to submit their Firearm Owner's
12    Identification Card when hunting on Department of Natural
13    Resources owned or managed sites;
14        (7) Nonresidents while on a firing or shooting range
15    recognized by the Illinois State Police; however, these
16    persons must at all other times and in all other places
17    have their firearms unloaded and enclosed in a case;
18        (8) Nonresidents while at a firearm showing or display
19    recognized by the Illinois State Police; however, at all
20    other times and in all other places these persons must
21    have their firearms unloaded and enclosed in a case;
22        (9) Nonresidents whose firearms are unloaded and
23    enclosed in a case;
24        (10) Nonresidents who are currently licensed or
25    registered to possess a firearm in their resident state;
26        (11) Unemancipated minors while in the custody and

 

 

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1    immediate control of their parent or legal guardian or
2    other person in loco parentis to the minor if the parent or
3    legal guardian or other person in loco parentis to the
4    minor has a currently valid Firearm Owner's Identification
5    Card;
6        (12) Color guards of bona fide veterans organizations
7    or members of bona fide American Legion bands while using
8    firearms for ceremonial purposes with blank ammunition;
9        (13) Nonresident hunters whose state of residence does
10    not require them to be licensed or registered to possess a
11    firearm and only during hunting season, with valid hunting
12    licenses, while accompanied by, and using a firearm owned
13    by, a person who possesses a valid Firearm Owner's
14    Identification Card and while in an area within a
15    commercial club licensed under the Wildlife Code where
16    hunting is permitted and controlled, but in no instance
17    upon sites owned or managed by the Department of Natural
18    Resources;
19        (14) Resident hunters who are properly authorized to
20    hunt and, while accompanied by a person who possesses a
21    valid Firearm Owner's Identification Card, hunt in an area
22    within a commercial club licensed under the Wildlife Code
23    where hunting is permitted and controlled; and
24        (15) A person who is otherwise eligible to obtain a
25    Firearm Owner's Identification Card under this Act and is
26    under the direct supervision of a holder of a Firearm

 

 

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1    Owner's Identification Card who is 21 years of age or
2    older while the person is on a firing or shooting range or
3    is a participant in a firearms safety and training course
4    recognized by a law enforcement agency or a national,
5    statewide shooting sports organization; and
6        (16) Competitive shooting athletes whose competition
7    firearms are sanctioned by the International Olympic
8    Committee, the International Paralympic Committee, the
9    International Shooting Sport Federation, or USA Shooting
10    in connection with such athletes' training for and
11    participation in shooting competitions at the 2016 Olympic
12    and Paralympic Games and sanctioned test events leading up
13    to the 2016 Olympic and Paralympic Games.
14    (c) The provisions of this Section regarding the
15acquisition and possession of firearms, firearm ammunition,
16stun guns, and tasers do not apply to law enforcement
17officials of this or any other jurisdiction, while engaged in
18the operation of their official duties.
19    (c-5) The provisions of paragraphs (1) and (2) of
20subsection (a) of this Section regarding the possession of
21firearms and firearm ammunition do not apply to the holder of a
22valid concealed carry license issued under the Firearm
23Concealed Carry Act who is in physical possession of the
24concealed carry license.
25    (d) Any person who becomes a resident of this State, who is
26not otherwise prohibited from obtaining, possessing, or using

 

 

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1a firearm or firearm ammunition, shall not be required to have
2a Firearm Owner's Identification Card to possess firearms or
3firearms ammunition until 60 calendar days after he or she
4obtains an Illinois driver's license or Illinois
5Identification Card.
6(Source: P.A. 102-538, eff. 8-20-21.)
 
7    (430 ILCS 65/4)  (from Ch. 38, par. 83-4)
8    Sec. 4. Application for Firearm Owner's Identification
9Cards.
10    (a) Each applicant for a Firearm Owner's Identification
11Card must:
12        (1) Submit an application as made available by the
13    Illinois State Police; and
14        (2) Submit evidence to the Illinois State Police that:
15            (i) This subparagraph (i) applies through the
16        180th day following July 12, 2019 (the effective date
17        of Public Act 101-80). He or she is 21 years of age or
18        over, or if he or she is under 21 years of age that he
19        or she has the written consent of his or her parent or
20        legal guardian to possess and acquire firearms and
21        firearm ammunition and that he or she has never been
22        convicted of a misdemeanor other than a traffic
23        offense or adjudged delinquent, provided, however,
24        that such parent or legal guardian is not an
25        individual prohibited from having a Firearm Owner's

 

 

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

 

 

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1        under the laws of this or any other jurisdiction;
2            (iii) He or she is not addicted to narcotics;
3            (iv) He or she has not been a patient in a mental
4        health facility within the past 5 years or, if he or
5        she has been a patient in a mental health facility more
6        than 5 years ago submit the certification required
7        under subsection (u) of Section 8 of this Act;
8            (v) He or she is not a person with an intellectual
9        disability;
10            (vi) He or she is not a noncitizen who is
11        unlawfully present in the United States under the laws
12        of the United States;
13            (vii) He or she is not subject to an existing order
14        of protection prohibiting him or her from possessing a
15        firearm;
16            (viii) He or she has not been convicted within the
17        past 5 years of battery, assault, aggravated assault,
18        violation of an order of protection, or a
19        substantially similar offense in another jurisdiction,
20        in which a firearm was used or possessed;
21            (ix) He or she has not been convicted of domestic
22        battery, aggravated domestic battery, or a
23        substantially similar offense in another jurisdiction
24        committed before, on or after January 1, 2012 (the
25        effective date of Public Act 97-158). If the applicant
26        knowingly and intelligently waives the right to have

 

 

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1        an offense described in this clause (ix) tried by a
2        jury, and by guilty plea or otherwise, results in a
3        conviction for an offense in which a domestic
4        relationship is not a required element of the offense
5        but in which a determination of the applicability of
6        18 U.S.C. 922(g)(9) is made under Section 112A-11.1 of
7        the Code of Criminal Procedure of 1963, an entry by the
8        court of a judgment of conviction for that offense
9        shall be grounds for denying the issuance of a Firearm
10        Owner's Identification Card under this Section;
11            (x) (Blank);
12            (xi) He or she is not a noncitizen who has been
13        admitted to the United States under a non-immigrant
14        visa (as that term is defined in Section 101(a)(26) of
15        the Immigration and Nationality Act (8 U.S.C.
16        1101(a)(26))), or that he or she is a noncitizen who
17        has been lawfully admitted to the United States under
18        a non-immigrant visa if that noncitizen is:
19                (1) admitted to the United States for lawful
20            hunting or sporting purposes;
21                (2) an official representative of a foreign
22            government who is:
23                    (A) accredited to the United States
24                Government or the Government's mission to an
25                international organization having its
26                headquarters in the United States; or

 

 

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1                    (B) en route to or from another country to
2                which that noncitizen is accredited;
3                (3) an official of a foreign government or
4            distinguished foreign visitor who has been so
5            designated by the Department of State;
6                (4) a foreign law enforcement officer of a
7            friendly foreign government entering the United
8            States on official business; or
9                (5) one who has received a waiver from the
10            Attorney General of the United States pursuant to
11            18 U.S.C. 922(y)(3);
12            (xii) He or she is not a minor subject to a
13        petition filed under Section 5-520 of the Juvenile
14        Court Act of 1987 alleging that the minor is a
15        delinquent minor for the commission of an offense that
16        if committed by an adult would be a felony;
17            (xiii) He or she is not an adult who had been
18        adjudicated a delinquent minor under the Juvenile
19        Court Act of 1987 for the commission of an offense that
20        if committed by an adult would be a felony;
21            (xiv) He or she is a resident of the State of
22        Illinois;
23            (xv) He or she has not been adjudicated as a person
24        with a mental disability;
25            (xvi) He or she has not been involuntarily
26        admitted into a mental health facility; and

 

 

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1            (xvii) He or she is not a person with a
2        developmental disability; and
3        (3) Upon request by the Illinois State Police, sign a
4    release on a form prescribed by the Illinois State Police
5    waiving any right to confidentiality and requesting the
6    disclosure to the Illinois State Police of limited mental
7    health institution admission information from another
8    state, the District of Columbia, any other territory of
9    the United States, or a foreign nation concerning the
10    applicant for the sole purpose of determining whether the
11    applicant is or was a patient in a mental health
12    institution and disqualified because of that status from
13    receiving a Firearm Owner's Identification Card. No mental
14    health care or treatment records may be requested. The
15    information received shall be destroyed within one year of
16    receipt.
17    (a-5) Each applicant for a Firearm Owner's Identification
18Card who is over the age of 18 shall furnish to the Illinois
19State Police either his or her Illinois driver's license
20number or Illinois Identification Card number, except as
21provided in subsection (a-10).
22    (a-10) Each applicant for a Firearm Owner's Identification
23Card, who is employed as a law enforcement officer, an armed
24security officer in Illinois, or by the United States Military
25permanently assigned in Illinois and who is not an Illinois
26resident, shall furnish to the Illinois State Police his or

 

 

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1her driver's license number or state identification card
2number from his or her state of residence. The Illinois State
3Police may adopt rules to enforce the provisions of this
4subsection (a-10).
5    (a-15) If an applicant applying for a Firearm Owner's
6Identification Card moves from the residence address named in
7the application, he or she shall immediately notify in a form
8and manner prescribed by the Illinois State Police of that
9change of address.
10    (a-20) Each applicant for a Firearm Owner's Identification
11Card shall furnish to the Illinois State Police his or her
12photograph. An applicant who is 21 years of age or older
13seeking a religious exemption to the photograph requirement
14must furnish with the application an approved copy of United
15States Department of the Treasury Internal Revenue Service
16Form 4029. In lieu of a photograph, an applicant regardless of
17age seeking a religious exemption to the photograph
18requirement shall submit fingerprints on a form and manner
19prescribed by the Illinois State Police with his or her
20application.
21    (a-25) Beginning January 1, 2023, each applicant for the
22issuance of a Firearm Owner's Identification Card may include
23a full set of his or her fingerprints in electronic format to
24the Illinois State Police, unless the applicant has previously
25provided a full set of his or her fingerprints to the Illinois
26State Police under this Act or the Firearm Concealed Carry

 

 

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1Act.
2    The fingerprints must be transmitted through a live scan
3fingerprint vendor licensed by the Department of Financial and
4Professional Regulation. The fingerprints shall be checked
5against the fingerprint records now and hereafter filed in the
6Illinois State Police and Federal Bureau of Investigation
7criminal history records databases, including all available
8State and local criminal history record information files.
9    The Illinois State Police shall charge applicants a
10one-time fee for conducting the criminal history record check,
11which shall be deposited into the State Police Services Fund
12and shall not exceed the actual cost of the State and national
13criminal history record check.
14    (a-26) The Illinois State Police shall research, explore,
15and report to the General Assembly by January 1, 2022 on the
16feasibility of permitting voluntarily submitted fingerprints
17obtained for purposes other than Firearm Owner's
18Identification Card enforcement that are contained in the
19Illinois State Police database for purposes of this Act.
20    (b) Each application form shall include the following
21statement printed in bold type: "Warning: Entering false
22information on an application for a Firearm Owner's
23Identification Card is punishable as a Class 2 felony in
24accordance with subsection (d-5) of Section 14 of the Firearm
25Owners Identification Card Act.".
26    (c) Upon such written consent, pursuant to Section 4,

 

 

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1paragraph (a)(2)(i), the parent or legal guardian giving the
2consent shall be liable for any damages resulting from the
3applicant's use of firearms or firearm ammunition.
4(Source: P.A. 101-80, eff. 7-12-19; 102-237, eff. 1-1-22;
5102-538, eff. 8-20-21; 102-813, eff. 5-13-22; 102-1030, eff.
65-27-22.)
 
7    (430 ILCS 65/4.1 new)
8    Sec. 4.1. Assault weapon or .50 caliber rifle endorsement.
9    (a) The endorsement affidavit form completed pursuant to
10Section 24-1.9 of the Criminal Code of 2012 must be executed
11electronically through the individual's Firearm Owner's
12Identification Card account.
13    (b) The Illinois State Police shall adopt rules in
14accordance with this Section for the electronic submission of
15an endorsement affidavit.
16    (c) Intentionally entering false information on the
17endorsement affidavit form is a violation of this Act and is
18also punishable as perjury under Section 32-2 of the Criminal
19Code of 2012.
 
20    (430 ILCS 65/8)  (from Ch. 38, par. 83-8)
21    Sec. 8. Grounds for denial and revocation. The Illinois
22State Police has authority to deny an application for or to
23revoke and seize a Firearm Owner's Identification Card
24previously issued under this Act only if the Illinois State

 

 

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1Police finds that the applicant or the person to whom such card
2was issued is or was at the time of issuance:
3        (a) A person under 21 years of age who has been
4    convicted of a misdemeanor other than a traffic offense or
5    adjudged delinquent;
6        (b) This subsection (b) applies through the 180th day
7    following July 12, 2019 (the effective date of Public Act
8    101-80). A person under 21 years of age who does not have
9    the written consent of his parent or guardian to acquire
10    and possess firearms and firearm ammunition, or whose
11    parent or guardian has revoked such written consent, or
12    where such parent or guardian does not qualify to have a
13    Firearm Owner's Identification Card;
14        (b-5) This subsection (b-5) applies on and after the
15    181st day following July 12, 2019 (the effective date of
16    Public Act 101-80). A person under 21 years of age who is
17    not an active duty member of the United States Armed
18    Forces or the Illinois National Guard and does not have
19    the written consent of his or her parent or guardian to
20    acquire and possess firearms and firearm ammunition, or
21    whose parent or guardian has revoked such written consent,
22    or where such parent or guardian does not qualify to have a
23    Firearm Owner's Identification Card;
24        (c) A person convicted of a felony under the laws of
25    this or any other jurisdiction;
26        (d) A person addicted to narcotics;

 

 

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1        (e) A person who has been a patient of a mental health
2    facility within the past 5 years or a person who has been a
3    patient in a mental health facility more than 5 years ago
4    who has not received the certification required under
5    subsection (u) of this Section. An active law enforcement
6    officer employed by a unit of government or a Department
7    of Corrections employee authorized to possess firearms who
8    is denied, revoked, or has his or her Firearm Owner's
9    Identification Card seized under this subsection (e) may
10    obtain relief as described in subsection (c-5) of Section
11    10 of this Act if the officer or employee did not act in a
12    manner threatening to the officer or employee, another
13    person, or the public as determined by the treating
14    clinical psychologist or physician, and the officer or
15    employee seeks mental health treatment;
16        (f) A person whose mental condition is of such a
17    nature that it poses a clear and present danger to the
18    applicant, any other person or persons, or the community;
19        (g) A person who has an intellectual disability;
20        (h) A person who intentionally makes a false statement
21    in the Firearm Owner's Identification Card application or
22    endorsement affidavit;
23        (i) A noncitizen who is unlawfully present in the
24    United States under the laws of the United States;
25        (i-5) A noncitizen who has been admitted to the United
26    States under a non-immigrant visa (as that term is defined

 

 

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1    in Section 101(a)(26) of the Immigration and Nationality
2    Act (8 U.S.C. 1101(a)(26))), except that this subsection
3    (i-5) does not apply to any noncitizen who has been
4    lawfully admitted to the United States under a
5    non-immigrant visa if that noncitizen is:
6            (1) admitted to the United States for lawful
7        hunting or sporting purposes;
8            (2) an official representative of a foreign
9        government who is:
10                (A) accredited to the United States Government
11            or the Government's mission to an international
12            organization having its headquarters in the United
13            States; or
14                (B) en route to or from another country to
15            which that noncitizen is accredited;
16            (3) an official of a foreign government or
17        distinguished foreign visitor who has been so
18        designated by the Department of State;
19            (4) a foreign law enforcement officer of a
20        friendly foreign government entering the United States
21        on official business; or
22            (5) one who has received a waiver from the
23        Attorney General of the United States pursuant to 18
24        U.S.C. 922(y)(3);
25        (j) (Blank);
26        (k) A person who has been convicted within the past 5

 

 

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1    years of battery, assault, aggravated assault, violation
2    of an order of protection, or a substantially similar
3    offense in another jurisdiction, in which a firearm was
4    used or possessed;
5        (l) A person who has been convicted of domestic
6    battery, aggravated domestic battery, or a substantially
7    similar offense in another jurisdiction committed before,
8    on or after January 1, 2012 (the effective date of Public
9    Act 97-158). If the applicant or person who has been
10    previously issued a Firearm Owner's Identification Card
11    under this Act knowingly and intelligently waives the
12    right to have an offense described in this paragraph (l)
13    tried by a jury, and by guilty plea or otherwise, results
14    in a conviction for an offense in which a domestic
15    relationship is not a required element of the offense but
16    in which a determination of the applicability of 18 U.S.C.
17    922(g)(9) is made under Section 112A-11.1 of the Code of
18    Criminal Procedure of 1963, an entry by the court of a
19    judgment of conviction for that offense shall be grounds
20    for denying an application for and for revoking and
21    seizing a Firearm Owner's Identification Card previously
22    issued to the person under this Act;
23        (m) (Blank);
24        (n) A person who is prohibited from acquiring or
25    possessing firearms or firearm ammunition by any Illinois
26    State statute or by federal law;

 

 

10200SB2226ham003- 36 -LRB102 17220 RJT 42495 a

1        (o) A minor subject to a petition filed under Section
2    5-520 of the Juvenile Court Act of 1987 alleging that the
3    minor is a delinquent minor for the commission of an
4    offense that if committed by an adult would be a felony;
5        (p) An adult who had been adjudicated a delinquent
6    minor under the Juvenile Court Act of 1987 for the
7    commission of an offense that if committed by an adult
8    would be a felony;
9        (q) A person who is not a resident of the State of
10    Illinois, except as provided in subsection (a-10) of
11    Section 4;
12        (r) A person who has been adjudicated as a person with
13    a mental disability;
14        (s) A person who has been found to have a
15    developmental disability;
16        (t) A person involuntarily admitted into a mental
17    health facility; or
18        (u) A person who has had his or her Firearm Owner's
19    Identification Card revoked or denied under subsection (e)
20    of this Section or item (iv) of paragraph (2) of
21    subsection (a) of Section 4 of this Act because he or she
22    was a patient in a mental health facility as provided in
23    subsection (e) of this Section, shall not be permitted to
24    obtain a Firearm Owner's Identification Card, after the
25    5-year period has lapsed, unless he or she has received a
26    mental health evaluation by a physician, clinical

 

 

10200SB2226ham003- 37 -LRB102 17220 RJT 42495 a

1    psychologist, or qualified examiner as those terms are
2    defined in the Mental Health and Developmental
3    Disabilities Code, and has received a certification that
4    he or she is not a clear and present danger to himself,
5    herself, or others. The physician, clinical psychologist,
6    or qualified examiner making the certification and his or
7    her employer shall not be held criminally, civilly, or
8    professionally liable for making or not making the
9    certification required under this subsection, except for
10    willful or wanton misconduct. This subsection does not
11    apply to a person whose firearm possession rights have
12    been restored through administrative or judicial action
13    under Section 10 or 11 of this Act.
14    Upon revocation of a person's Firearm Owner's
15Identification Card, the Illinois State Police shall provide
16notice to the person and the person shall comply with Section
179.5 of this Act.
18(Source: P.A. 101-80, eff. 7-12-19; 102-538, eff. 8-20-21;
19102-645, eff. 1-1-22; 102-813, eff. 5-13-22; 102-1030, eff.
205-27-22.)
 
21    Section 20. The Firearms Restraining Order Act is amended
22by changing Sections 40, 45, and 55 as follows:
 
23    (430 ILCS 67/40)
24    Sec. 40. Plenary Six-month orders.

 

 

10200SB2226ham003- 38 -LRB102 17220 RJT 42495 a

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

 

 

10200SB2226ham003- 39 -LRB102 17220 RJT 42495 a

1pleading. If, after making a good faith effort, the petitioner
2is unable to provide notice to any or all intimate partners,
3the affidavit or verified pleading should describe what
4efforts were made.
5    (c) Every person who files a petition for a plenary
66-month firearms restraining order, knowing the information
7provided to the court at any hearing or in the affidavit or
8verified pleading to be false, is guilty of perjury under
9Section 32-2 of the Criminal Code of 2012.
10    (d) Upon receipt of a petition for a plenary 6-month
11firearms restraining order, the court shall order a hearing
12within 30 days.
13    (e) In determining whether to issue a firearms restraining
14order under this Section, the court shall consider evidence
15including, but not limited to, the following:
16        (1) The unlawful and reckless use, display, or
17    brandishing of a firearm, ammunition, and firearm parts
18    that could be assembled to make an operable firearm by the
19    respondent.
20        (2) The history of use, attempted use, or threatened
21    use of physical force by the respondent against another
22    person.
23        (3) Any prior arrest of the respondent for a felony
24    offense.
25        (4) Evidence of the abuse of controlled substances or
26    alcohol by the respondent.

 

 

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

 

 

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

 

 

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1    Firearm Owners Identification Card Act and subsection (g)
2    of Section 70 of the Firearm Concealed Carry Act.
3    (i) Except as otherwise provided in subsection (i-5) of
4this Section, upon expiration of the period of safekeeping, if
5the firearms, ammunition, and firearm parts that could be
6assembled to make an operable firearm or Firearm Owner's
7Identification Card cannot be returned to the respondent
8because the respondent cannot be located, fails to respond to
9requests to retrieve the firearms, ammunition, and firearm
10parts that could be assembled to make an operable firearm, or
11is not lawfully eligible to possess a firearm, ammunition, and
12firearm parts that could be assembled to make an operable
13firearm, upon petition from the local law enforcement agency,
14the court may order the local law enforcement agency to
15destroy the firearms, ammunition, and firearm parts that could
16be assembled to make an operable firearm, use the firearms,
17ammunition, and firearm parts that could be assembled to make
18an operable firearm for training purposes, or use the
19firearms, ammunition, and firearm parts that could be
20assembled to make an operable firearm for any other
21application as deemed appropriate by the local law enforcement
22agency.
23    (i-5) A respondent whose Firearm Owner's Identification
24Card has been revoked or suspended may petition the court, if
25the petitioner is present in court or has notice of the
26respondent's petition, to transfer the respondent's firearm,

 

 

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

 

 

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1        (1) the firearm, ammunition, and firearm parts that
2    could be assembled to make an operable firearm are removed
3    from the respondent's custody, control, or possession and
4    the lawful owner agrees to store the firearm, ammunition,
5    and firearm parts that could be assembled to make an
6    operable firearm in a manner such that the respondent does
7    not have access to or control of the firearm, ammunition,
8    and firearm parts that could be assembled to make an
9    operable firearm; and
10        (2) the firearm, ammunition, and firearm parts that
11    could be assembled to make an operable firearm are not
12    otherwise unlawfully possessed by the owner.
13    The person petitioning for the return of his or her
14firearm, ammunition, and firearm parts that could be assembled
15to make an operable firearm must swear or affirm by affidavit
16that he or she: (i) is the lawful owner of the firearm,
17ammunition, and firearm parts that could be assembled to make
18an operable firearm; (ii) shall not transfer the firearm,
19ammunition, and firearm parts that could be assembled to make
20an operable firearm to the respondent; and (iii) will store
21the firearm, ammunition, and firearm parts that could be
22assembled to make an operable firearm in a manner that the
23respondent does not have access to or control of the firearm,
24ammunition, and firearm parts that could be assembled to make
25an operable firearm.
26    (j) If the court does not issue a plenary firearms

 

 

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1restraining order at the hearing, the court shall dissolve any
2emergency firearms restraining order then in effect.
3    (k) When the court issues a plenary firearms restraining
4order under this Section, the court shall inform the
5respondent that he or she is entitled to one hearing during the
6period of the order to request a termination of the order,
7under Section 45 of this Act, and shall provide the respondent
8with a form to request a hearing.
9(Source: P.A. 101-81, eff. 7-12-19; 102-237, eff. 1-1-22;
10102-345, eff. 6-1-22; 102-538, eff. 8-20-21; 102-813, eff.
115-13-22.)
 
12    (430 ILCS 67/45)
13    Sec. 45. Termination and renewal.
14    (a) A person subject to a firearms restraining order
15issued under this Act may submit one written request at any
16time during the effective period of the order for a hearing to
17terminate the order.
18        (1) The respondent shall have the burden of proving by
19    a preponderance of the evidence that the respondent does
20    not pose a danger of causing personal injury to himself,
21    herself, or another in the near future by having in his or
22    her custody or control, purchasing, possessing, or
23    receiving a firearm, ammunition, and firearm parts that
24    could be assembled to make an operable firearm.
25        (2) If the court finds after the hearing that the

 

 

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

 

 

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

 

 

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1The data shall be used to inform all dispatchers and law
2enforcement officers at the scene of a violation of a firearms
3restraining order of the effective dates and terms of any
4recorded order of protection.
5    (c) The data, records, and transmittals required under
6this Section shall pertain to any valid emergency or plenary
76-month firearms restraining order, whether issued in a civil
8or criminal proceeding or authorized under the laws of another
9state, tribe, or United States territory.
10(Source: P.A. 101-81, eff. 7-12-19; 102-538, eff. 8-20-21.)
 
11    Section 25. The Criminal Code of 2012 is amended by
12changing Section 24-1 and by adding Sections 24-1.9 and
1324-1.10 as follows:
 
14    (720 ILCS 5/24-1)  (from Ch. 38, par. 24-1)
15    Sec. 24-1. Unlawful use of weapons.
16    (a) A person commits the offense of unlawful use of
17weapons when he knowingly:
18        (1) Sells, manufactures, purchases, possesses or
19    carries any bludgeon, black-jack, slung-shot, sand-club,
20    sand-bag, metal knuckles or other knuckle weapon
21    regardless of its composition, throwing star, or any
22    knife, commonly referred to as a switchblade knife, which
23    has a blade that opens automatically by hand pressure
24    applied to a button, spring or other device in the handle

 

 

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

 

 

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

 

 

10200SB2226ham003- 51 -LRB102 17220 RJT 42495 a

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

 

 

10200SB2226ham003- 52 -LRB102 17220 RJT 42495 a

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

 

 

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

 

 

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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    (b) Sentence. A person convicted of a violation of
17subsection 24-1(a)(1) through (5), subsection 24-1(a)(10),
18subsection 24-1(a)(11), or subsection 24-1(a)(13) commits a
19Class A misdemeanor. A person convicted of a violation of
20subsection 24-1(a)(8) or 24-1(a)(9) commits a Class 4 felony;
21a person convicted of a violation of subsection 24-1(a)(6) or
2224-1(a)(7)(ii) or (iii) commits a Class 3 felony. A person
23convicted of a violation of subsection 24-1(a)(7)(i) commits a
24Class 2 felony and shall be sentenced to a term of imprisonment
25of not less than 3 years and not more than 7 years, unless the
26weapon is possessed in the passenger compartment of a motor

 

 

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1vehicle as defined in Section 1-146 of the Illinois Vehicle
2Code, or on the person, while the weapon is loaded, in which
3case it shall be a Class X felony. A person convicted of a
4second or subsequent violation of subsection 24-1(a)(4),
524-1(a)(8), 24-1(a)(9), or 24-1(a)(10) commits a Class 3
6felony. A person convicted of a violation of subsection
724-1(a)(2.5) or 24-1(a)(14) commits a Class 2 felony. The
8possession of each weapon or device in violation of this
9Section constitutes a single and separate violation.
10    (c) Violations in specific places.
11        (1) A person who violates subsection 24-1(a)(6) or
12    24-1(a)(7) in any school, regardless of the time of day or
13    the time of year, in residential property owned, operated
14    or managed by a public housing agency or leased by a public
15    housing agency as part of a scattered site or mixed-income
16    development, in a public park, in a courthouse, on the
17    real property comprising any school, regardless of the
18    time of day or the time of year, on residential property
19    owned, operated or managed by a public housing agency or
20    leased by a public housing agency as part of a scattered
21    site or mixed-income development, on the real property
22    comprising any public park, on the real property
23    comprising any courthouse, in any conveyance owned, leased
24    or contracted by a school to transport students to or from
25    school or a school related activity, in any conveyance
26    owned, leased, or contracted by a public transportation

 

 

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

 

 

10200SB2226ham003- 57 -LRB102 17220 RJT 42495 a

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

 

 

10200SB2226ham003- 58 -LRB102 17220 RJT 42495 a

1    as part of a scattered site or mixed-income development
2    commits a Class 4 felony. "Courthouse" means any building
3    that is used by the Circuit, Appellate, or Supreme Court
4    of this State for the conduct of official business.
5        (3) Paragraphs (1), (1.5), and (2) of this subsection
6    (c) shall not apply to law enforcement officers or
7    security officers of such school, college, or university
8    or to students carrying or possessing firearms for use in
9    training courses, parades, hunting, target shooting on
10    school ranges, or otherwise with the consent of school
11    authorities and which firearms are transported unloaded
12    enclosed in a suitable case, box, or transportation
13    package.
14        (4) For the purposes of this subsection (c), "school"
15    means any public or private elementary or secondary
16    school, community college, college, or university.
17        (5) For the purposes of this subsection (c), "public
18    transportation agency" means a public or private agency
19    that provides for the transportation or conveyance of
20    persons by means available to the general public, except
21    for transportation by automobiles not used for conveyance
22    of the general public as passengers; and "public
23    transportation facility" means a terminal or other place
24    where one may obtain public transportation.
25    (d) The presence in an automobile other than a public
26omnibus of any weapon, instrument or substance referred to in

 

 

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

 

 

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1(Source: P.A. 101-223, eff. 1-1-20; 102-538, eff. 8-20-21.)
 
2    (720 ILCS 5/24-1.9 new)
3    Sec. 24-1.9. Possession, delivery, sale, and purchase of
4assault weapons, .50 caliber rifles, and .50 caliber
5cartridges.
6    (a) Definitions. In this Section:
7    (1) "Assault pistol" means any of the following or a copy,
8regardless of the producer or manufacturer:
9        (A) AA Arms AP-9 pistol.
10        (B) Armalite M15 11.5 pistol.
11        (C) Beretta 93R pistol.
12        (D) Bushmaster pistol.
13        (E) Claridge HI-TEC pistol.
14        (F) D Max Industries pistol.
15        (G) Encom MK-IV, MP-9, or MP-45 pistol.
16        (H) Heckler and Koch MP5K, MP7, SP-89, or VP70M
17    pistol.
18        (I) Holmes MP-83 pistol.
19        (J) Ingram MAC 10/11 pistol and variations, including
20    the Partisan Avenger and the SWD Cobray.
21        (K) Intratec TEC-9/DC-9 pistol in any centerfire
22    variation.
23        (L) P.A.W.S. type pistol.
24        (M) Skorpion pistol.
25        (N) Spectre double action pistol (Sile, F.I.E.,

 

 

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1    Mitchell).
2        (O) Stechkin automatic pistol.
3        (P) Steyr tactical pistol.
4        (Q) UZI pistol.
5        (R) Weaver Arms Nighthawk pistol.
6        (S) Wilkinson "Linda" pistol.
7    (2) "Assault shotgun or rifle" means any of the following
8or a copy, regardless of the producer or manufacturer:
9        (A) American Arms Spectre da Semiautomatic carbine.
10        (B) AR10.
11        (C) AR15.
12        (D) AR70.
13        (E) Armalite M15.
14        (F) Avtomat Kalashnikov semiautomatic rifle in any
15    format, including the AK-47 in all forms.
16        (G) Algimec AGM-1 type semi-auto.
17        (H) AR 100 type semi-auto.
18        (I) AR 180 type semi-auto.
19        (J) Argentine L.S.R. semi-auto.
20        (K) Australian Automatic Arms SAR type semi-auto.
21        (L) Auto-Ordnance Thompson M1 and 1927
22    semi-automatics.
23        (M) Barrett light .50 cal. semi-auto.
24        (N) Beretta AR70 type semi-auto.
25        (O) Bushmaster semi-auto rifle.
26        (P) Calico models M-100 and M-900.

 

 

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1        (Q) CIS SR 88 type semi-auto.
2        (R) Claridge HI TEC C-9 carbines.
3        (S) Colt AR-15, CAR-15, and all imitations.
4        (T) Daewoo MAX 1 and MAX 2, aka AR 100, 110C, K-1, and
5    K-2.
6        (U) Dragunov Chinese made semi-auto.
7        (V) Famas semi-auto (.223 caliber).
8        (W) Feather AT-9 semi-auto.
9        (X) FN LAR and FN FAL assault rifle.
10        (Y) FNC semi-auto type carbine.
11        (Z) F.I.E./Franchi LAW 12 and SPAS 12 assault shotgun.
12        (AA) Smith & Wesson M&P 15.
13        (BB) Steyr-AUG-SA semi-auto.
14        (CC) Galil models AR and ARM semi-auto.
15        (DD) Heckler and Koch HK-91 A3, HK-93 A2, HK-94 A2 and
16    A3.
17        (EE) Holmes model 88 shotgun.
18        (FF) Manchester Arms "Commando" MK-45, MK-9.
19        (GG) Mandell TAC-1 semi-auto carbine.
20        (HH) Mossberg model 500 Bullpup assault shotgun.
21        (II) Sterling Mark 6.
22        (JJ) P.A.W.S. carbine.
23        (KK) Ruger mini-14 folding stock model (.223 caliber).
24        (LL) SIG 550/551 assault rifle (.223 caliber).
25        (MM) SKS with detachable magazine.
26        (NN) AP-74 Commando type semi-auto.

 

 

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1        (OO) Springfield Armory BM-59, SAR-48, G3, SAR-3, M-21
2    sniper rifle, and M1A, excluding the M1 Garand.
3        (PP) Street sweeper assault type shotgun.
4        (QQ) Striker 12 assault shotgun in all formats.
5        (RR) Unique F11 semi-auto type.
6        (SS) Daewoo USAS 12 semi-auto shotgun.
7        (TT) UZI 9mm carbine or rifle.
8        (UU) Valmet M-76 and M-78 semi-auto.
9        (VV) Weaver Arms "Nighthawk" semi-auto carbine.
10        (WW) Wilkinson Arms 9mm semi-auto "Terry".
11    (3) "Assault weapon" means:
12        (A) An assault shotgun or rifle.
13        (B) An assault pistol.
14        (C) A semiautomatic rifle that can accept or can be
15    modified to accept a detachable magazine and has at least
16    one of the following:
17            (i) A folding, telescoping, or collapsible stock.
18            (ii) Any grip of the weapon, including a pistol
19        grip, a thumbhole stock, or any other stock, the use of
20        which would allow an individual to grip the weapon,
21        resulting in any finger on the trigger hand in
22        addition to the trigger finger being directly below
23        any portion of the action of the weapon when firing.
24            (iii) A forward grip.
25            (iv) A flash suppressor.
26            (v) A grenade launcher or flare launcher.

 

 

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1        (D) A semiautomatic, centerfire rifle that has an
2    overall length of less than 30 inches.
3        (E) A semiautomatic pistol that can accept a
4    detachable magazine and has at least one of the following:
5            (i) An ability to accept a detachable ammunition
6        magazine that attaches at some location outside of the
7        pistol grip.
8            (ii) A threaded barrel capable of accepting a
9        flash suppressor, forward pistol grip or silencer.
10            (iii) A shroud that is attached to, or partially
11        or completely encircles, the barrel and that permits
12        the shooter to fire the firearm without being burned,
13        except a slide that encloses the barrel.
14            (iv) A second hand grip.
15        (F) A semiautomatic shotgun that has at least one of
16    the following:
17            (i) A folding, telescoping, or collapsible stock.
18            (ii) Any grip of the weapon, including a pistol
19        grip, a thumbhole stock, or any other stock, the use of
20        which would allow an individual to grip the weapon,
21        resulting in any finger on the trigger hand in
22        addition to the trigger finger being directly below
23        any portion of the action of the weapon when firing.
24        (G) A semiautomatic shotgun that has the ability to
25    accept a detachable magazine.
26        (H) A shotgun with a revolving cylinder.

 

 

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1        (I) A semiautomatic pistol with a fixed magazine that
2    can accept more than 12 rounds.
3        (J) A semiautomatic, centerfire rifle that has a fixed
4    magazine that can accept more than 12 rounds.
5    "Assault weapon" does not include:
6        (A) any firearm that:
7            (i) is an unserviceable firearm or has been made
8        permanently inoperable;
9            (ii) is an antique firearm; or
10            (iii) uses .22 caliber rimfire ammunition or
11        cartridges; or
12        (B) any air rifle as defined in Section 24.8-0.1 of
13    this Code.
14    In this Section, a firearm is considered to have the
15ability to accept a detachable magazine unless the magazine or
16ammunition feeding device can only be removed through
17disassembly of the firearm action.
18    (4) "Assault weapon attachment" means any device capable
19of being attached to a firearm that is specifically designed
20for making or converting a firearm into any of the firearms
21listed in paragraph (1) of this subsection (a).
22    (5) "Antique firearm" has the meaning ascribed to it in 18
23U.S.C. 921(a)(16).
24    (6) ".50 caliber rifle" means a centerfire rifle capable
25of firing a .50 caliber cartridge. The term does not include
26any antique firearm, any shotgun including a shotgun that has

 

 

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1a rifle barrel, or any muzzle-loader which uses black powder
2for hunting or historical reenactments.
3    (7) ".50 caliber cartridge" means a cartridge in .50 BMG
4caliber, either by designation or actual measurement, that is
5capable of being fired from a centerfire rifle. The term ".50
6caliber cartridge" does not include any memorabilia or display
7item that is filled with a permanent inert substance or that is
8otherwise permanently altered in a manner that prevents ready
9modification for use as live ammunition or shotgun ammunition
10with a caliber measurement that is equal to or greater than .50
11caliber.
12    (8) "Detachable magazine" means an ammunition feeding
13device that can be removed readily from a firearm without
14requiring disassembly of the firearm action or without the use
15of a tool, including a bullet or cartridge.
16    (b) Except as provided in subsections (c), (d), and (e),
17on or after the effective date of this amendatory Act of the
18102nd General Assembly, it is unlawful for any person within
19this State to knowingly manufacture, deliver, sell, or
20purchase or cause to be manufactured, delivered, sold, or
21purchased by another, an assault weapon, assault weapon
22attachment, .50 caliber rifle, or .50 caliber cartridge.
23    (c) Except as otherwise provided in subsection (d), 300
24days after the effective date of this amendatory Act of the
25102nd General Assembly, it is unlawful for any person within
26this State to knowingly possess an assault weapon, .50 caliber

 

 

10200SB2226ham003- 67 -LRB102 17220 RJT 42495 a

1rifle, assault weapon attachment, or .50 caliber cartridge.
2    (d) This Section does not apply to a person who possessed
3an assault weapon, assault weapon attachment, or .50 caliber
4rifle prohibited by subsection (c) of this Section before the
5effective date of this amendatory Act of the 102nd General
6Assembly, if the person has provided in an endorsement
7affidavit, under oath or affirmation and in the form and
8manner prescribed by the Illinois State Police on or after 180
9days after the effective date of this amendatory Act of the
10102nd General Assembly but within 300 days after the effective
11date of this amendatory Act of the 102nd General Assembly:
12        (1) the affiant's Firearm Owner's Identification Card
13    number;
14        (2) the serial number of the weapon or weapons;
15        (3) an affirmation that the affiant possessed the
16    weapon or weapons identified before the effective date of
17    this amendatory Act of the 102nd General Assembly.
18    The affidavit form shall include the following statement
19printed in bold type: "Warning: Entering false information on
20this form is punishable as perjury under Section 32-2 of the
21Criminal Code of 2012. Entering false information on this form
22is a violation of the Firearm Owners Identification Card Act."
23    In any administrative, civil, or criminal proceeding in
24this State, a completed assault weapon or .50 caliber rifle
25endorsement affidavit submitted to the Illinois State Police
26by the individual as required by this Section creates the

 

 

10200SB2226ham003- 68 -LRB102 17220 RJT 42495 a

1rebuttable presumption that a person lawfully possessed or had
2completed a purchase of the assault weapon or .50 caliber
3rifle before the effective date of this amendatory Act of the
4102nd General Assembly and is entitled to continue to possess
5and transport the assault weapon.
6    Beginning 300 days after the effective date of this
7amendatory Act of the 102nd General Assembly, the person with
8an assault weapon or .50 caliber rifle endorsement may
9transfer the assault weapon or .50 caliber rifle only to an
10heir, an individual residing in another state maintaining it
11in another state, or a dealer licensed as a federal firearms
12dealer under Section 923 of the federal Gun Control Act of
131968. Within 10 days after transfer of the weapon except to an
14heir, the person shall notify the Illinois State Police of the
15name and address of the transferee and comply with the
16requirements of subsection (b) of Section 3 of the Firearm
17Owners Identification Card Act. If a resident of this State,
18the heir to whom the weapon is transferred shall, within 60
19days of the transfer, complete an affidavit required under
20this Section. A person to whom the weapon is transferred may
21transfer it only as provided in this subsection.
22    Except for any active-duty member of the United States
23military who is transferred into this State on or after the
24effective date of this amendatory Act of the 102nd General
25Assembly, any person who moves into this State in possession
26of an assault weapon shall render the assault weapon or .50

 

 

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1caliber rifle permanently inoperable, sell the assault weapon
2or .50 caliber rifle to a federally licensed firearm dealer
3outside of this State, or remove the assault weapon or .50
4caliber rifle from this State.
5    Notwithstanding any other law, information contained in
6the endorsement affidavit shall be confidential and shall not
7be disclosed, except to law enforcement agencies acting in the
8performance of their duties.
9    (e) This Section does not apply to or affect any of the
10following:
11        (1) Peace officers, as defined in Section 2-13 of this
12    Code.
13        (2) Retired or separated peace officers, as defined in
14    Section 2-13 of this Code, who retired or separated from
15    their respective law enforcement agencies in good standing
16    after 10 or more years of service.
17        (3) Acquisition and possession by a local law
18    enforcement agency for the purpose of equipping the
19    agency's peace officers, as defined in paragraph (1) of
20    this subsection (e).
21        (4) Wardens, superintendents, and keepers of prisons,
22    penitentiaries, jails, and other institutions for the
23    detention of persons accused or convicted of an offense.
24        (5) Members of the Armed Services or Reserve Forces of
25    the United States or the Illinois National Guard, while
26    performing their official duties or while traveling to or

 

 

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1    from their places of duty.
2        (6) Any company that employs armed security officers
3    in this State at a nuclear energy, storage, weapons, or
4    development site or facility regulated by the federal
5    Nuclear Regulatory Commission and any person employed as
6    an armed security force member at a nuclear energy,
7    storage, weapons, or development site or facility
8    regulated by the federal Nuclear Regulatory Commission who
9    has completed the background screening and training
10    mandated by the rules and regulations of the federal
11    Nuclear Regulatory Commission and while performing
12    official duties.
13        (7) Manufacture, transportation, or sale of weapons,
14    attachments, or ammunition to persons authorized under
15    subdivisions (1) through (6) of this subsection (e) to
16    possess those items.
17        (8) Possession of any firearm if that firearm is
18    sanctioned by the International Olympic Committee and by
19    USA Shooting, the national governing body for
20    international shooting competition in the United States,
21    but only when the firearm is in the actual possession of an
22    Olympic target shooting competitor or target shooting
23    coach for the purpose of storage, transporting to and from
24    Olympic target shooting practice or events if the firearm
25    is broken down in a nonfunctioning state, is not
26    immediately accessible, or is unloaded and enclosed in a

 

 

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

 

 

10200SB2226ham003- 72 -LRB102 17220 RJT 42495 a

1    container designed for the safe transportation of
2    firearms.
3        (11) Possession of a weapon only for hunting use
4    expressly permitted under the Wildlife Code, or while
5    traveling to or from a location authorized for this
6    hunting use under the Wildlife Code if the weapon is
7    broken down in a nonfunctioning state, is not immediately
8    accessible, or is unloaded and enclosed in a firearm case,
9    carrying box, shipping box, or other similar portable
10    container designed for the safe transportation of
11    firearms.
12        (12) The manufacture, transportation, possession,
13    sale, or rental of blank-firing assault weapons and .50
14    caliber rifles, or the weapon's respective attachments, to
15    persons authorized or permitted, or both authorized and
16    permitted, to acquire and possess these weapons or
17    attachments for the purpose of rental for use solely as
18    props for a motion picture, television, or video
19    production or entertainment event.
20    Any person not subject to this Section may submit an
21endorsement affidavit if the person chooses.
22    Federally licensed firearm manufacturers in Illinois
23holding a type 6, 7, or 10 license are not subject to the
24prohibitions under this Section as it relates to
25manufacturing, transporting, possessing, and selling to lawful
26purchasers.

 

 

10200SB2226ham003- 73 -LRB102 17220 RJT 42495 a

1    (f) Sentence.
2        (1) A person who knowingly manufactures, delivers,
3    sells, purchases, or possesses or causes to be
4    manufactured, delivered, sold, purchased, or possessed an
5    assault weapon in violation of this Section commits a
6    Class 3 felony for a first violation and a Class 2 felony
7    for a second or subsequent violation or for the possession
8    or delivery of 2 or more of these weapons at the same time.
9        (2) A person who knowingly manufactures, delivers,
10    sells, purchases, or possesses or causes to be
11    manufactured, delivered, sold, purchased, or possessed in
12    violation of this Section an assault weapon attachment
13    commits a Class 4 felony for a first violation and a Class
14    3 felony for a second or subsequent violation.
15        (3) A person who knowingly manufactures, delivers,
16    sells, purchases, or possesses or causes to be
17    manufactured, delivered, sold, purchased, or possessed in
18    violation of this Section a .50 caliber rifle commits a
19    Class 3 felony for a first violation and a Class 2 felony
20    for a second or subsequent violation or for the possession
21    or delivery of 2 or more of these weapons at the same time.
22        (4) A person who knowingly manufactures, delivers,
23    sells, purchases, or possesses or causes to be
24    manufactured, delivered, sold, purchased, or possessed in
25    violation of this Section a .50 caliber cartridge commits
26    a Class A misdemeanor.

 

 

10200SB2226ham003- 74 -LRB102 17220 RJT 42495 a

1        (5) Any other violation of this Section is a Class A
2    misdemeanor.
3    (g) The Illinois State Police shall take all steps
4necessary to carry out the requirements of this Section within
5180 days after the effective date of this amendatory Act of the
6102nd General Assembly.
 
7    (720 ILCS 5/24-1.10 new)
8    Sec. 24-1.10. Manufacture, delivery, or sale of large
9capacity ammunition feeding devices.
10    (a) In this Section:
11    "Large capacity ammunition feeding device" means:
12        (1) a magazine, belt, drum, feed strip, or similar
13    device that has a capacity of, or that can be readily
14    restored or converted to accept, more than 12 rounds of
15    ammunition; or
16        (2) any combination of parts from which a device
17    described in paragraph (1) can be assembled.
18    "Large capacity ammunition feeding device" does not
19include an attached tubular device designed to accept, and
20capable of operating only with, .22 caliber rimfire
21ammunition. "Large capacity ammunition feeding device" does
22not include a tubular magazine that is contained in a
23lever-action firearm or any device that has been made
24permanently inoperable.
25    (b) Except as provided in subsection (c) and (d), it is

 

 

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1unlawful for any person within this State to knowingly
2manufacture, deliver, sell, purchase, or possess or cause to
3be manufactured, delivered, sold, or purchased a large
4capacity ammunition feeding device.
5    (c) This Section does not apply to any person who
6possesses a large capacity ammunition feeding device if,
7within 90 days of the effective date of this amendatory Act of
8the 102nd General Assembly, the person:
9        (1) permanently modifies the large capacity ammunition
10    feeding device such that it cannot hold more than 12
11    rounds of ammunition;
12        (2) surrenders the large capacity ammunition feeding
13    device to Illinois State Police or another law enforcement
14    agency within this State in accordance with the procedures
15    for surrender of weapons set forth by the law enforcement
16    agency; or
17        (3) transfers or sells the large capacity ammunition
18    feeding device to a federally licensed firearm dealer or
19    person or firm outside of this State that is lawfully
20    entitled to own or possess such a device.
21    (d) This Section does not apply to or affect any of the
22following:
23        (1) Peace officers, as defined in Section 2-13 of this
24    Code.
25        (2) A local law enforcement agency for the purpose of
26    equipping the agency's peace officers, as defined in

 

 

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1    paragraph (1) of this subsection (d).
2        (3) Wardens, superintendents, and keepers of prisons,
3    penitentiaries, jails, and other institutions for the
4    detention of persons accused or convicted of an offense.
5        (4) Members of the Armed Services or Reserve Forces of
6    the United States or the Illinois National Guard, while
7    their official duties or while traveling to or from their
8    places of duty.
9        (5) Any company that employs armed security officers
10    in this State at a nuclear energy, storage, weapons, or
11    development site or facility regulated by the federal
12    Nuclear Regulatory Commission and any person employed as
13    an armed security force member at a nuclear energy,
14    storage, weapons, or development site or facility
15    regulated by the federal Nuclear Regulatory Commission who
16    has completed the background screening and training
17    mandated by the rules and regulations of the federal
18    Nuclear Regulatory Commission and while performing
19    official duties.
20        (6) Sale of large capacity ammunition feeding devices
21    to persons authorized under subdivisions (1) through (5)
22    of this subsection (d) to possess those devices.
23        (7) Sale or rental of large capacity ammunition
24    feeding devices for blank-firing assault weapons and .50
25    caliber rifles, to persons authorized or permitted, or
26    both authorized and permitted, to acquire these devices

 

 

10200SB2226ham003- 77 -LRB102 17220 RJT 42495 a

1    for the purpose of rental for use solely as props for a
2    motion picture, television, or video production or
3    entertainment event.
4    (d) Sentence. A person who knowingly delivers, sells,
5purchases, or causes to be delivered, sold, or purchased in
6violation of this Section a large capacity ammunition feeding
7device capable of holding more than 12 rounds of ammunition
8commits a petty offense with a fine of $1,000 for each
9violation.
 
10    Section 97. Severability. The provisions of this Act are
11severable under Section 1.31 of the Statute on Statutes.
 
12    Section 99. Effective date. This Act takes effect upon
13becoming law.".