Public Act 099-0029

SB0836 Enrolled LRB099 09057 RLC 29246 b

AN ACT concerning safety.

Be it enacted by the People of the State of Illinois,

represented in the General Assembly:

Section 5. The Mental Health and Developmental

Disabilities Code is amended by changing Sections 6-103.2 and

6-103.3 as follows:

(405 ILCS 5/6-103.2)

Sec. 6-103.2. Developmental disability; notice. If For

purposes of this Section, if a person 14 years old or older is

determined to be developmentally disabled as defined in Section

1.1 of the Firearm Owners Identification Card Act by a

physician, clinical psychologist, or qualified examiner,

whether practicing at a public or by a private mental health

facility or developmental disability facility, the physician,

clinical psychologist, or qualified examiner shall notify the

Department of Human Services within 7 days 24 hours of making

the determination that the person has a developmental

disability. The Department of Human Services shall immediately

update its records and information relating to mental health

and developmental disabilities, and if appropriate, shall

notify the Department of State Police in a form and manner

prescribed by the Department of State Police. Information

disclosed under this Section shall remain privileged and

confidential, and shall not be redisclosed, except as required

under subsection (e) of Section 3.1 of the Firearm Owners

Identification Card Act, nor used for any other purpose. The

method of providing this information shall guarantee that the

information is not released beyond that which is necessary for

the purpose of this Section and shall be provided by rule by

the Department of Human Services. The identity of the person

reporting under this Section shall not be disclosed to the

subject of the report.

The physician, clinical psychologist, or qualified

examiner making the determination and his or her employer may

not be held criminally, civilly, or professionally liable for

making or not making the notification required under this

Section, except for willful or wanton misconduct.

For purposes of this Section, "developmentally disabled"

means a disability which is attributable to any other condition

which results in impairment similar to that caused by an

intellectual disability and which requires services similar to

those required by intellectually disabled persons. The

disability must originate before the age of 18 years, be

expected to continue indefinitely, and constitute a

substantial disability. This disability results in the

professional opinion of a physician, clinical psychologist, or

qualified examiner, in significant functional limitations in 3

or more of the following areas of major life activity:

(i) self-care;

(ii) receptive and expressive language;

(iii) learning;

(iv) mobility; or

(v) self-direction.

"Determined to be developmentally disabled by a physician,

clinical psychologist, or qualified examiner" means in the

professional opinion of the physician, clinical psychologist,

or qualified examiner, a person is diagnosed, assessed, or

evaluated to be developmentally disabled.

(Source: P.A. 98-63, eff. 7-9-13.)

(405 ILCS 5/6-103.3)

Sec. 6-103.3. Clear and present danger; notice. If a person

is determined to pose a clear and present danger to himself,

herself, or to others by a physician, clinical psychologist, or

qualified examiner, whether employed by the State, by any

public or private mental health facility or part thereof, or by

a law enforcement official or a school administrator, then the

physician, clinical psychologist, qualified examiner shall

notify the Department of Human Services and a law enforcement

official or school administrator shall notify the Department of

State Police, within 24 hours of making the determination that

the person poses a clear and present danger. The Department of

Human Services shall immediately update its records and

information relating to mental health and developmental

disabilities, and if appropriate, shall notify the Department

of State Police in a form and manner prescribed by the

Department of State Police. Information disclosed under this

Section shall remain privileged and confidential, and shall not

be redisclosed, except as required under subsection (e) of

Section 3.1 of the Firearm Owners Identification Card Act, nor

used for any other purpose. The method of providing this

information shall guarantee that the information is not

released beyond that which is necessary for the purpose of this

Section and shall be provided by rule by the Department of

Human Services. The identity of the person reporting under this

Section shall not be disclosed to the subject of the report.

The physician, clinical psychologist, qualified examiner, law

enforcement official, or school administrator making the

determination and his or her employer shall not be held

criminally, civilly, or professionally liable for making or not

making the notification required under this Section, except for

willful or wanton misconduct. This Section does not apply to a

law enforcement official, if making the notification under this

Section will interfere with an ongoing or pending criminal

investigation.

For the purposes of this Section:

"Clear and present danger" has the meaning ascribed to

it in Section 1.1 of the Firearm Owners Identification Card

Act.

"Determined to pose a clear and present danger to

himself, herself, or to others by a physician, clinical

psychologist, or qualified examiner" means in the

professional opinion of the physician, clinical

psychologist, or qualified examiner, a person poses a clear

and present danger.

"School administrator" means the person required to

report under the School Administrator Reporting of Mental

Health Clear and Present Danger Determinations Law.

(Source: P.A. 98-63, eff. 7-9-13.)

Section 10. The Firearm Owners Identification Card Act is

amended by changing Sections 1.1, 2, 3, 3a, and 10 as follows:

(430 ILCS 65/1.1) (from Ch. 38, par. 83-1.1)

Sec. 1.1. For purposes of this Act:

"Addicted to narcotics" means a person who has been:

(1) convicted of an offense involving the use or

possession of cannabis, a controlled substance, or

methamphetamine within the past year; or

(2) determined by the Department of State Police to be

addicted to narcotics based upon federal law or federal

guidelines.

"Addicted to narcotics" does not include possession or use

of a prescribed controlled substance under the direction and

authority of a physician or other person authorized to

prescribe the controlled substance when the controlled

substance is used in the prescribed manner.

"Adjudicated as a mentally disabled person" means the

person is the subject of a determination by a court, board,

commission or other lawful authority that the person, as a

result of marked subnormal intelligence, or mental illness,

mental impairment, incompetency, condition, or disease:

(1) presents a clear and present danger to himself,

herself, or to others;

(2) lacks the mental capacity to manage his or her own

affairs or is adjudicated a disabled person as defined in

Section 11a-2 of the Probate Act of 1975;

(3) is not guilty in a criminal case by reason of

insanity, mental disease or defect;

(3.5) is guilty but mentally ill, as provided in

Section 5-2-6 of the Unified Code of Corrections;

(4) is incompetent to stand trial in a criminal case;

(5) is not guilty by reason of lack of mental

responsibility under Articles 50a and 72b of the Uniform

Code of Military Justice, 10 U.S.C. 850a, 876b;

(6) is a sexually violent person under subsection (f)

of Section 5 of the Sexually Violent Persons Commitment

Act;

(7) is a sexually dangerous person under the Sexually

Dangerous Persons Act;

(8) is unfit to stand trial under the Juvenile Court

Act of 1987;

(9) is not guilty by reason of insanity under the

Juvenile Court Act of 1987;

(10) is subject to involuntary admission as an

inpatient as defined in Section 1-119 of the Mental Health

and Developmental Disabilities Code;

(11) is subject to involuntary admission as an

outpatient as defined in Section 1-119.1 of the Mental

Health and Developmental Disabilities Code;

(12) is subject to judicial admission as set forth in

Section 4-500 of the Mental Health and Developmental

Disabilities Code; or

(13) is subject to the provisions of the Interstate

Agreements on Sexually Dangerous Persons Act.

"Clear and present danger" means a person who:

(1) communicates a serious threat of physical violence

against a reasonably identifiable victim or poses a clear

and imminent risk of serious physical injury to himself,

herself, or another person as determined by a physician,

clinical psychologist, or qualified examiner; or

(2) demonstrates threatening physical or verbal

behavior, such as violent, suicidal, or assaultive

threats, actions, or other behavior, as determined by a

physician, clinical psychologist, qualified examiner,

school administrator, or law enforcement official.

"Clinical psychologist" has the meaning provided in

Section 1-103 of the Mental Health and Developmental

Disabilities Code.

"Controlled substance" means a controlled substance or

controlled substance analog as defined in the Illinois

Controlled Substances Act.

"Counterfeit" means to copy or imitate, without legal

authority, with intent to deceive.

"Developmentally disabled" means a disability which is

attributable to any other condition which results in impairment

similar to that caused by an intellectual disability and which

requires services similar to those required by intellectually

disabled persons. The disability must originate before the age

of 18 years, be expected to continue indefinitely, and

constitute a substantial disability handicap.

This disability results in the professional opinion of a

physician, clinical psychologist, or qualified examiner, in

significant functional limitations in 3 or more of the

following areas of major life activity:

(i) self-care;

(ii) receptive and expressive language;

(iii) learning;

(iv) mobility; or

(v) self-direction.

"Federally licensed firearm dealer" means a person who is

licensed as a federal firearms dealer under Section 923 of the

federal Gun Control Act of 1968 (18 U.S.C. 923).

"Firearm" means any device, by whatever name known, which

is designed to expel a projectile or projectiles by the action

of an explosion, expansion of gas or escape of gas; excluding,

however:

(1) any pneumatic gun, spring gun, paint ball gun, or

B-B gun which expels a single globular projectile not

exceeding .18 inch in diameter or which has a maximum

muzzle velocity of less than 700 feet per second;

(1.1) any pneumatic gun, spring gun, paint ball gun, or

B-B gun which expels breakable paint balls containing

washable marking colors;

(2) any device used exclusively for signalling or

safety and required or recommended by the United States

Coast Guard or the Interstate Commerce Commission;

(3) any device used exclusively for the firing of stud

cartridges, explosive rivets or similar industrial

ammunition; and

(4) an antique firearm (other than a machine-gun)

which, although designed as a weapon, the Department of

State Police finds by reason of the date of its

manufacture, value, design, and other characteristics is

primarily a collector's item and is not likely to be used

as a weapon.

"Firearm ammunition" means any self-contained cartridge or

shotgun shell, by whatever name known, which is designed to be

used or adaptable to use in a firearm; excluding, however:

(1) any ammunition exclusively designed for use with a

device used exclusively for signalling or safety and

required or recommended by the United States Coast Guard or

the Interstate Commerce Commission; and

(2) any ammunition designed exclusively for use with a

stud or rivet driver or other similar industrial

ammunition.

"Gun show" means an event or function:

(1) at which the sale and transfer of firearms is the

regular and normal course of business and where 50 or more

firearms are displayed, offered, or exhibited for sale,

transfer, or exchange; or

(2) at which not less than 10 gun show vendors display,

offer, or exhibit for sale, sell, transfer, or exchange

firearms.

"Gun show" includes the entire premises provided for an

event or function, including parking areas for the event or

function, that is sponsored to facilitate the purchase, sale,

transfer, or exchange of firearms as described in this Section.

Nothing in this definition shall be construed to exclude a gun

show held in conjunction with competitive shooting events at

the World Shooting Complex sanctioned by a national governing

body in which the sale or transfer of firearms is authorized

under subparagraph (5) of paragraph (g) of subsection (A) of

Section 24-3 of the Criminal Code of 2012.

Unless otherwise expressly stated, "gun show" "Gun show"

does not include training or safety classes, competitive

shooting events, such as rifle, shotgun, or handgun matches,

trap, skeet, or sporting clays shoots, dinners, banquets,

raffles, or any other event where the sale or transfer of

firearms is not the primary course of business.

"Gun show promoter" means a person who organizes or

operates a gun show.

"Gun show vendor" means a person who exhibits, sells,

offers for sale, transfers, or exchanges any firearms at a gun

show, regardless of whether the person arranges with a gun show

promoter for a fixed location from which to exhibit, sell,

offer for sale, transfer, or exchange any firearm.

"Intellectually disabled" means significantly subaverage

general intellectual functioning which exists concurrently

with impairment in adaptive behavior and which originates

before the age of 18 years.

"Involuntarily admitted" has the meaning as prescribed in

Sections 1-119 and 1-119.1 of the Mental Health and

Developmental Disabilities Code.

"Mental health facility" means any licensed private

hospital or hospital affiliate, institution, or facility, or

part thereof, and any facility, or part thereof, operated by

the State or a political subdivision thereof which provide

treatment of persons with mental illness and includes all

hospitals, institutions, clinics, evaluation facilities,

mental health centers, colleges, universities, long-term care

facilities, and nursing homes, or parts thereof, which provide

treatment of persons with mental illness whether or not the

primary purpose is to provide treatment of persons with mental

illness.

"National governing body" means a group of persons who

adopt rules and formulate policy on behalf of a national

firearm sporting organization.

"Patient" means:

(1) a person who voluntarily receives mental health

treatment as an in-patient or resident of any public or

private mental health facility, unless the treatment was

solely for an alcohol abuse disorder and no other secondary

substance abuse disorder or mental illness; or

(2) a person who voluntarily receives mental health

treatment as an out-patient or is provided services by a

public or private mental health facility, and who poses a

clear and present danger to himself, herself, or to others.

"Physician" has the meaning as defined in Section 1-120 of

the Mental Health and Developmental Disabilities Code.

"Qualified examiner" has the meaning provided in Section

1-122 of the Mental Health and Developmental Disabilities Code.

"Sanctioned competitive shooting event" means a shooting

contest officially recognized by a national or state shooting

sport association, and includes any sight-in or practice

conducted in conjunction with the event.

"School administrator" means the person required to report

under the School Administrator Reporting of Mental Health Clear

and Present Danger Determinations Law.

"Stun gun or taser" has the meaning ascribed to it in

Section 24-1 of the Criminal Code of 2012.

(Source: P.A. 97-776, eff. 7-13-12; 97-1150, eff. 1-25-13;

97-1167, eff. 6-1-13; 98-63, eff. 7-9-13.)

(430 ILCS 65/2) (from Ch. 38, par. 83-2)

Sec. 2. Firearm Owner's Identification Card required;

exceptions.

(a) (1) No person may acquire or possess any firearm, stun

gun, or taser within this State without having in his or

her possession a Firearm Owner's Identification Card

previously issued in his or her name by the Department of

State Police under the provisions of this Act.

(2) No person may acquire or possess firearm ammunition

within this State without having in his or her possession a

Firearm Owner's Identification Card previously issued in

his or her name by the Department of State Police under the

provisions of this Act.

(b) The provisions of this Section regarding the possession

of firearms, firearm ammunition, stun guns, and tasers do not

apply to:

(1) United States Marshals, while engaged in the

operation of their official duties;

(2) Members of the Armed Forces of the United States or

the National Guard, while engaged in the operation of their

official duties;

(3) Federal officials required to carry firearms,

while engaged in the operation of their official duties;

(4) Members of bona fide veterans organizations which

receive firearms directly from the armed forces of the

United States, while using the firearms for ceremonial

purposes with blank ammunition;

(5) Nonresident hunters during hunting season, with

valid nonresident hunting licenses and while in an area

where hunting is permitted; however, at all other times and

in all other places these persons must have their firearms

unloaded and enclosed in a case;

(6) Those hunters exempt from obtaining a hunting

license who are required to submit their Firearm Owner's

Identification Card when hunting on Department of Natural

Resources owned or managed sites;

(7) Nonresidents while on a firing or shooting range

recognized by the Department of State Police; however,

these persons must at all other times and in all other

places have their firearms unloaded and enclosed in a case;

(8) Nonresidents while at a firearm showing or display

recognized by the Department of State Police; however, at

all other times and in all other places these persons must

have their firearms unloaded and enclosed in a case;

(9) Nonresidents whose firearms are unloaded and

enclosed in a case;

(10) Nonresidents who are currently licensed or

registered to possess a firearm in their resident state;

(11) Unemancipated minors while in the custody and

immediate control of their parent or legal guardian or

other person in loco parentis to the minor if the parent or

legal guardian or other person in loco parentis to the

minor has a currently valid Firearm Owner's Identification

Card;

(12) Color guards of bona fide veterans organizations

or members of bona fide American Legion bands while using

firearms for ceremonial purposes with blank ammunition;

(13) Nonresident hunters whose state of residence does

not require them to be licensed or registered to possess a

firearm and only during hunting season, with valid hunting

licenses, while accompanied by, and using a firearm owned

by, a person who possesses a valid Firearm Owner's

Identification Card and while in an area within a

commercial club licensed under the Wildlife Code where

hunting is permitted and controlled, but in no instance

upon sites owned or managed by the Department of Natural

Resources;

(14) Resident hunters who are properly authorized to

hunt and, while accompanied by a person who possesses a

valid Firearm Owner's Identification Card, hunt in an area

within a commercial club licensed under the Wildlife Code

where hunting is permitted and controlled;

(15) A person who is otherwise eligible to obtain a

Firearm Owner's Identification Card under this Act and is

under the direct supervision of a holder of a Firearm

Owner's Identification Card who is 21 years of age or older

while the person is on a firing or shooting range or is a

participant in a firearms safety and training course

recognized by a law enforcement agency or a national,

statewide shooting sports organization; and

(16) Competitive shooting athletes whose competition

firearms are sanctioned by the International Olympic

Committee, the International Paralympic Committee, the

International Shooting Sport Federation, or USA Shooting

in connection with such athletes' training for and

participation in shooting competitions at the 2016 Olympic

and Paralympic Games and sanctioned test events leading up

to the 2016 Olympic and Paralympic Games.

(c) The provisions of this Section regarding the

acquisition and possession of firearms, firearm ammunition,

stun guns, and tasers do not apply to law enforcement officials

of this or any other jurisdiction, while engaged in the

operation of their official duties.

(c-5) The provisions of paragraphs (1) and (2) of

subsection (a) of this Section regarding the possession of

firearms and firearm ammunition do not apply to the holder of a

valid concealed carry license issued under the Firearm

Concealed Carry Act who is in physical possession of the

concealed carry license.

(d) Any person who becomes a resident of this State, who is

not otherwise prohibited from obtaining, possessing, or using a

firearm or firearm ammunition, shall not be required to have a

Firearm Owner's Identification Card to possess firearms or

firearms ammunition until 60 calendar days after he or she

obtains an Illinois driver's license or Illinois

Identification Card.

(Source: P.A. 96-7, eff. 4-3-09; 97-1131, eff. 1-1-13.)

(430 ILCS 65/3) (from Ch. 38, par. 83-3)

Sec. 3. (a) Except as provided in Section 3a, no person may

knowingly transfer, or cause to be transferred, any firearm,

firearm ammunition, stun gun, or taser to any person within

this State unless the transferee with whom he deals displays

either: (1) a currently valid Firearm Owner's Identification

Card which has previously been issued in his or her name by the

Department of State Police under the provisions of this Act; or

(2) a currently valid license to carry a concealed firearm

which has previously been issued in his or her name by the

Department of State Police under the Firearm Concealed Carry

Act. In addition, all firearm, stun gun, and taser transfers by

federally licensed firearm dealers are subject to Section 3.1.

(a-5) Any person who is not a federally licensed firearm

dealer and who desires to transfer or sell a firearm while that

person is on the grounds of a gun show must, before selling or

transferring the firearm, request the Department of State

Police to conduct a background check on the prospective

recipient of the firearm in accordance with Section 3.1.

(a-10) Notwithstanding item (2) of subsection (a) of this

Section, any Any person who is not a federally licensed firearm

dealer and who desires to transfer or sell a firearm or

firearms to any person who is not a federally licensed firearm

dealer shall, before selling or transferring the firearms,

contact the Department of State Police with the transferee's or

purchaser's Firearm Owner's Identification Card number to

determine the validity of the transferee's or purchaser's

Firearm Owner's Identification Card. This subsection shall not

be effective until January 1, 2014. The Department of State

Police may adopt rules concerning the implementation of this

subsection. The Department of State Police shall provide the

seller or transferor an approval number if the purchaser's

Firearm Owner's Identification Card is valid. Approvals issued

by the Department for the purchase of a firearm pursuant to

this subsection are valid for 30 days from the date of issue.

(a-15) The provisions of subsection (a-10) of this Section

do not apply to:

(1) transfers that occur at the place of business of a

federally licensed firearm dealer, if the federally

licensed firearm dealer conducts a background check on the

prospective recipient of the firearm in accordance with

Section 3.1 of this Act and follows all other applicable

federal, State, and local laws as if he or she were the

seller or transferor of the firearm, although the dealer is

not required to accept the firearm into his or her

inventory. The purchaser or transferee may be required by

the federally licensed firearm dealer to pay a fee not to

exceed $10 per firearm, which the dealer may retain as

compensation for performing the functions required under

this paragraph, plus the applicable fees authorized by

Section 3.1;

(2) transfers as a bona fide gift to the transferor's

husband, wife, son, daughter, stepson, stepdaughter,

father, mother, stepfather, stepmother, brother, sister,

nephew, niece, uncle, aunt, grandfather, grandmother,

grandson, granddaughter, father-in-law, mother-in-law,

son-in-law, or daughter-in-law;

(3) transfers by persons acting pursuant to operation

of law or a court order;

(4) transfers on the grounds of a gun show under

subsection (a-5) of this Section;

(5) the delivery of a firearm by its owner to a

gunsmith for service or repair, the return of the firearm

to its owner by the gunsmith, or the delivery of a firearm

by a gunsmith to a federally licensed firearms dealer for

service or repair and the return of the firearm to the

gunsmith;

(6) temporary transfers that occur while in the home of

the unlicensed transferee, if the unlicensed transferee is

not otherwise prohibited from possessing firearms and the

unlicensed transferee reasonably believes that possession

of the firearm is necessary to prevent imminent death or

great bodily harm to the unlicensed transferee;

(7) transfers to a law enforcement or corrections

agency or a law enforcement or corrections officer acting

within the course and scope of his or her official duties;

(8) transfers of firearms that have been rendered

permanently inoperable to a nonprofit historical society,

museum, or institutional collection; and

(9) transfers to a person who is exempt from the

requirement of possessing a Firearm Owner's Identification

Card under Section 2 of this Act.

(a-20) The Department of State Police shall develop an

Internet-based system for individuals to determine the

validity of a Firearm Owner's Identification Card prior to the

sale or transfer of a firearm. The Department shall have the

Internet-based system completed and available for use by July

1, 2015. The Department shall adopt rules not inconsistent with

this Section to implement this system.

(b) Any person within this State who transfers or causes to

be transferred any firearm, stun gun, or taser shall keep a

record of such transfer for a period of 10 years from the date

of transfer. Such record shall contain the date of the

transfer; the description, serial number or other information

identifying the firearm, stun gun, or taser if no serial number

is available; and, if the transfer was completed within this

State, the transferee's Firearm Owner's Identification Card

number and any approval number or documentation provided by the

Department of State Police pursuant to subsection (a-10) of

this Section. On or after January 1, 2006, the record shall

contain the date of application for transfer of the firearm. On

demand of a peace officer such transferor shall produce for

inspection such record of transfer. If the transfer or sale

took place at a gun show, the record shall include the unique

identification number. Failure to record the unique

identification number or approval number is a petty offense.

(b-5) Any resident may purchase ammunition from a person

within or outside of Illinois if shipment is by United States

mail or by a private express carrier authorized by federal law

to ship ammunition. Any resident purchasing ammunition within

or outside the State of Illinois must provide the seller with a

copy of his or her valid Firearm Owner's Identification Card or

valid concealed carry license and either his or her Illinois

driver's license or Illinois State Identification Card prior to

the shipment of the ammunition. The ammunition may be shipped

only to an address on either of those 2 documents.

(c) The provisions of this Section regarding the transfer

of firearm ammunition shall not apply to those persons

specified in paragraph (b) of Section 2 of this Act.

(Source: P.A. 97-1135, eff. 12-4-12; 98-508, eff. 8-19-13.)

(430 ILCS 65/3a) (from Ch. 38, par. 83-3a)

Sec. 3a. (a) Any resident of Illinois who has obtained a

firearm owner's identification card pursuant to this Act and

who is not otherwise prohibited from obtaining, possessing or

using a firearm may purchase or obtain a rifle or shotgun or

ammunition for a rifle or shotgun in Iowa, Missouri, Indiana,

Wisconsin or Kentucky.

(b) Any resident of Iowa, Missouri, Indiana, Wisconsin or

Kentucky or a non-resident with a valid non-resident hunting

license, who is 18 years of age or older and who is not

prohibited by the laws of Illinois, the state of his domicile,

or the United States from obtaining, possessing or using a

firearm, may purchase or obtain a rifle, shotgun or ammunition

for a rifle or shotgun in Illinois.

(b-5) Any non-resident who is participating in a sanctioned

competitive shooting event, who is 18 years of age or older and

who is not prohibited by the laws of Illinois, the state of his

or her domicile, or the United States from obtaining,

possessing, or using a firearm, may purchase or obtain a

shotgun or shotgun ammunition in Illinois for the purpose of

participating in that event. A person may purchase or obtain a

shotgun or shotgun ammunition under this subsection only at the

site where the sanctioned competitive shooting event is being

held.

(b-10) Any non-resident registered competitor or attendee

of a competitive shooting event held at the World Shooting

Complex sanctioned by a national governing body, who is not

prohibited by the laws of Illinois, the state of his or her

domicile, or the United States from obtaining, possessing, or

using a firearm may purchase or obtain a rifle, shotgun, or

other long gun or ammunition for a rifle, shotgun, or other

long gun at the competitive shooting event. The sanctioning

body shall provide a list of registered competitors and

attendees as required under subparagraph (5) of paragraph (g)

of subsection (A) of Section 24-3 of the Criminal Code of 2012.

A competitor or attendee of a competitive shooting event who

does not wish to purchase a firearm at the event is not

required to register or have his or her name appear on a list

of registered competitors and attendees provided to the

Department of State Police by the sanctioning body.

(c) Any transaction under this Section is subject to the

provisions of the Gun Control Act of 1968 (18 U.S.C. 922

(b)(3)).

(Source: P.A. 94-353, eff. 7-29-05.)

(430 ILCS 65/10) (from Ch. 38, par. 83-10)

Sec. 10. Appeal to director; hearing; relief from firearm

prohibitions.

(a) Whenever an application for a Firearm Owner's

Identification Card is denied, whenever the Department fails to

act on an application within 30 days of its receipt, or

whenever such a Card is revoked or seized as provided for in

Section 8 of this Act, the aggrieved party may appeal to the

Director of State Police for a hearing upon such denial,

revocation or seizure, unless the denial, revocation, or

seizure was based upon a forcible felony, stalking, aggravated

stalking, domestic battery, any violation of the Illinois

Controlled Substances Act, the Methamphetamine Control and

Community Protection Act, or the Cannabis Control Act that is

classified as a Class 2 or greater felony, any felony violation

of Article 24 of the Criminal Code of 1961 or the Criminal Code

of 2012, or any adjudication as a delinquent minor for the

commission of an offense that if committed by an adult would be

a felony, in which case the aggrieved party may petition the

circuit court in writing in the county of his or her residence

for a hearing upon such denial, revocation, or seizure.

(b) At least 30 days before any hearing in the circuit

court, the petitioner shall serve the relevant State's Attorney

with a copy of the petition. The State's Attorney may object to

the petition and present evidence. At the hearing the court

shall determine whether substantial justice has been done.

Should the court determine that substantial justice has not

been done, the court shall issue an order directing the

Department of State Police to issue a Card. However, the court

shall not issue the order if the petitioner is otherwise

prohibited from obtaining, possessing, or using a firearm under

federal law.

(c) Any person prohibited from possessing a firearm under

Sections 24-1.1 or 24-3.1 of the Criminal Code of 2012 or

acquiring a Firearm Owner's Identification Card under Section 8

of this Act may apply to the Director of State Police or

petition the circuit court in the county where the petitioner

resides, whichever is applicable in accordance with subsection

(a) of this Section, requesting relief from such prohibition

and the Director or court may grant such relief if it is

established by the applicant to the court's or Director's

satisfaction that:

(0.05) when in the circuit court, the State's Attorney

has been served with a written copy of the petition at

least 30 days before any such hearing in the circuit court

and at the hearing the State's Attorney was afforded an

opportunity to present evidence and object to the petition;

(1) the applicant has not been convicted of a forcible

felony under the laws of this State or any other

jurisdiction within 20 years of the applicant's

application for a Firearm Owner's Identification Card, or

at least 20 years have passed since the end of any period

of imprisonment imposed in relation to that conviction;

(2) the circumstances regarding a criminal conviction,

where applicable, the applicant's criminal history and his

reputation are such that the applicant will not be likely

to act in a manner dangerous to public safety;

(3) granting relief would not be contrary to the public

interest; and

(4) granting relief would not be contrary to federal

law.

(c-5) (1) An active law enforcement officer employed by a

unit of government, who is denied, revoked, or has his or her

Firearm Owner's Identification Card seized under subsection

(e) of Section 8 of this Act may apply to the Director of State

Police requesting relief if the officer did not act in a manner

threatening to the officer, another person, or the public as

determined by the treating clinical psychologist or physician,

and as a result of his or her work is referred by the employer

for or voluntarily seeks mental health evaluation or treatment

by a licensed clinical psychologist, psychiatrist, or

qualified examiner, and:

(A) the officer has not received treatment

involuntarily at a mental health facility, regardless of

the length of admission; or has not been voluntarily

admitted to a mental health facility for more than 30 days

and not for more than one incident within the past 5 years;

and

(B) the officer has not left the mental institution

against medical advice.

(2) The Director of State Police shall grant expedited

relief to active law enforcement officers described in

paragraph (1) of this subsection (c-5) upon a determination by

the Director that the officer's possession of a firearm does

not present a threat to themselves, others, or public safety.

The Director shall act on the request for relief within 30

business days of receipt of:

(A) a notarized statement from the officer in the form

prescribed by the Director detailing the circumstances

that led to the hospitalization;

(B) all documentation regarding the admission,

evaluation, treatment and discharge from the treating

licensed clinical psychologist or psychiatrist of the

officer;

(C) a psychological fitness for duty evaluation of the

person completed after the time of discharge; and

(D) written confirmation in the form prescribed by the

Director from the treating licensed clinical psychologist

or psychiatrist that the provisions set forth in paragraph

(1) of this subsection (c-5) have been met, the person

successfully completed treatment, and their professional

opinion regarding the person's ability to possess

firearms.

(3) Officers eligible for the expedited relief in paragraph

(2) of this subsection (c-5) have the burden of proof on

eligibility and must provide all information required. The

Director may not consider granting expedited relief until the

proof and information is received.

(4) "Clinical psychologist", "psychiatrist", and

"qualified examiner" shall have the same meaning as provided in

Chapter I 1 of the Mental Health and Developmental Disabilities

Code.

(c-10) (1) An applicant, who is denied, revoked, or has his

or her Firearm Owner's Identification Card seized under

subsection (e) of Section 8 of this Act based upon a

determination of a developmental disability or an intellectual

disability may apply to the Director of State Police requesting

relief.

(2) The Director shall act on the request for relief within

60 business days of receipt of written certification, in the

form prescribed by the Director, from a physician or clinical

psychologist, or qualified examiner, that the aggrieved

party's developmental disability or intellectual disability

condition is determined by a physician, clinical psychologist,

or qualified to be mild. If a fact-finding conference is

scheduled to obtain additional information concerning the

circumstances of the denial or revocation, the 60 business days

the Director has to act shall be tolled until the completion of

the fact-finding conference.

(3) The Director may grant relief if the aggrieved party's

developmental disability or intellectual disability is mild as

determined by a physician, clinical psychologist, or qualified

examiner and it is established by the applicant to the

Director's satisfaction that:

(A) granting relief would not be contrary to the public

interest; and

(B) granting relief would not be contrary to federal

law.

(4) The Director may not grant relief if the condition is

determined by a physician, clinical psychologist, or qualified

examiner to be moderate, severe, or profound.

(5) The changes made to this Section by this amendatory Act

of the 99th General Assembly apply to requests for relief

pending on or before the effective date of this amendatory Act,

except that the 60-day period for the Director to act on

requests pending before the effective date shall begin on the

effective date of this amendatory Act.

(d) When a minor is adjudicated delinquent for an offense

which if committed by an adult would be a felony, the court

shall notify the Department of State Police.

(e) The court shall review the denial of an application or

the revocation of a Firearm Owner's Identification Card of a

person who has been adjudicated delinquent for an offense that

if committed by an adult would be a felony if an application

for relief has been filed at least 10 years after the

adjudication of delinquency and the court determines that the

applicant should be granted relief from disability to obtain a

Firearm Owner's Identification Card. If the court grants

relief, the court shall notify the Department of State Police

that the disability has been removed and that the applicant is

eligible to obtain a Firearm Owner's Identification Card.

(f) Any person who is subject to the disabilities of 18

U.S.C. 922(d)(4) and 922(g)(4) of the federal Gun Control Act

of 1968 because of an adjudication or commitment that occurred

under the laws of this State or who was determined to be

subject to the provisions of subsections (e), (f), or (g) of

Section 8 of this Act may apply to the Department of State

Police requesting relief from that prohibition. The Director

shall grant the relief if it is established by a preponderance

of the evidence that the person will not be likely to act in a

manner dangerous to public safety and that granting relief

would not be contrary to the public interest. In making this

determination, the Director shall receive evidence concerning

(i) the circumstances regarding the firearms disabilities from

which relief is sought; (ii) the petitioner's mental health and

criminal history records, if any; (iii) the petitioner's

reputation, developed at a minimum through character witness

statements, testimony, or other character evidence; and (iv)

changes in the petitioner's condition or circumstances since

the disqualifying events relevant to the relief sought. If

relief is granted under this subsection or by order of a court

under this Section, the Director shall as soon as practicable

but in no case later than 15 business days, update, correct,

modify, or remove the person's record in any database that the

Department of State Police makes available to the National

Instant Criminal Background Check System and notify the United

States Attorney General that the basis for the record being

made available no longer applies. The Department of State

Police shall adopt rules for the administration of this

Section.

(Source: P.A. 97-1131, eff. 1-1-13; 97-1150, eff. 1-25-13;

97-1167, eff. 6-1-13; 98-63, eff. 7-9-13; revised 12-10-14.)

Section 15. The Firearm Concealed Carry Act is amended by

changing Sections 10, 30, 55, and 65 as follows:

(430 ILCS 66/10)

Sec. 10. Issuance of licenses to carry a concealed firearm.

(a) The Department shall issue a license to carry a

concealed firearm under this Act to an applicant who:

(1) meets the qualifications of Section 25 of this Act;

(2) has provided the application and documentation

required in Section 30 of this Act;

(3) has submitted the requisite fees; and

(4) does not pose a danger to himself, herself, or

others, or a threat to public safety as determined by the

Concealed Carry Licensing Review Board in accordance with

Section 20.

(b) The Department shall issue a renewal, corrected, or

duplicate license as provided in this Act.

(c) A license shall be valid throughout the State for a

period of 5 years from the date of issuance. A license shall

permit the licensee to:

(1) carry a loaded or unloaded concealed firearm, fully

concealed or partially concealed, on or about his or her

person; and

(2) keep or carry a loaded or unloaded concealed

firearm on or about his or her person within a vehicle.

(d) The Department shall make applications for a license

available no later than 180 days after the effective date of

this Act. The Department shall establish rules for the

availability and submission of applications in accordance with

this Act.

(e) An application for a license submitted to the

Department that contains all the information and materials

required by this Act, including the requisite fee, shall be

deemed completed. Except as otherwise provided in this Act, no

later than 90 days after receipt of a completed application,

the Department shall issue or deny the applicant a license.

(f) The Department shall deny the applicant a license if

the applicant fails to meet the requirements under this Act or

the Department receives a determination from the Board that the

applicant is ineligible for a license. The Department must

notify the applicant stating the grounds for the denial. The

notice of denial must inform the applicant of his or her right

to an appeal through administrative and judicial review.

(g) A licensee shall possess a license at all times the

licensee carries a concealed firearm except:

(1) when the licensee is carrying or possessing a

concealed firearm on his or her land or in his or her

abode, legal dwelling, or fixed place of business, or on

the land or in the legal dwelling of another person as an

invitee with that person's permission;

(2) when the person is authorized to carry a firearm

under Section 24-2 of the Criminal Code of 2012, except

subsection (a-5) of that Section; or

(3) when the handgun is broken down in a

non-functioning state, is not immediately accessible, or

is unloaded and enclosed in a case.

(h) If an officer of a law enforcement agency initiates an

investigative stop, including but not limited to a traffic

stop, of a licensee or a non-resident carrying a concealed

firearm under subsection (e) of Section 40 of this Act, upon

the request of the officer the licensee or non-resident shall

disclose to the officer that he or she is in possession of a

concealed firearm under this Act, or present the license upon

the request of the officer if he or she is a licensee or

present upon the request of the officer evidence under

paragraph (2) of subsection (e) of Section 40 of this Act that

he or she is a non-resident qualified to carry under that

subsection. The disclosure requirement under this subsection

(h) is satisfied if the licensee presents his or her license to

the officer or the non-resident presents to the officer

evidence under paragraph (2) of subsection (e) of Section 40 of

this Act that he or she is qualified to carry under that

subsection. Upon the request of the officer, the licensee or

non-resident shall also , and identify the location of the

concealed firearm and permit the officer to safely secure the

firearm for the duration of the investigative stop. During a

traffic stop, any passenger within the vehicle who is a

licensee or a non-resident carrying under subsection (e) of

Section 40 of this Act must comply with the requirements of

this subsection (h).

(h-1) If a licensee carrying a firearm or a non-resident

carrying a firearm in a vehicle under subsection (e) of Section

40 of this Act is contacted by a law enforcement officer or

emergency services personnel, the law enforcement officer or

emergency services personnel may secure the firearm or direct

that it be secured during the duration of the contact if the

law enforcement officer or emergency services personnel

determines that it is necessary for the safety of any person

present, including the law enforcement officer or emergency

services personnel. The licensee or nonresident shall submit to

the order to secure the firearm. When the law enforcement

officer or emergency services personnel have determined that

the licensee or non-resident is not a threat to the safety of

any person present, including the law enforcement officer or

emergency services personnel, and if the licensee or

non-resident is physically and mentally capable of possessing

the firearm, the law enforcement officer or emergency services

personnel shall return the firearm to the licensee or

non-resident before releasing him or her from the scene and

breaking contact. If the licensee or non-resident is

transported for treatment to another location, the firearm

shall be turned over to any peace officer. The peace officer

shall provide a receipt which includes the make, model,

caliber, and serial number of the firearm.

(i) The Department shall maintain a database of license

applicants and licensees. The database shall be available to

all federal, State, and local law enforcement agencies, State's

Attorneys, the Attorney General, and authorized court

personnel. Within 180 days after the effective date of this

Act, the database shall be searchable and provide all

information included in the application, including the

applicant's previous addresses within the 10 years prior to the

license application and any information related to violations

of this Act. No law enforcement agency, State's Attorney,

Attorney General, or member or staff of the judiciary shall

provide any information to a requester who is not entitled to

it by law.

(j) No later than 10 days after receipt of a completed

application, the Department shall enter the relevant

information about the applicant into the database under

subsection (i) of this Section which is accessible by law

enforcement agencies.

(Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13.)

(430 ILCS 66/30)

Sec. 30. Contents of license application.

(a) The license application shall be in writing, under

penalty of perjury, on a standard form adopted by the

Department and shall be accompanied by the documentation

required in this Section and the applicable fee. Each

application form shall include the following statement printed

in bold type: "Warning: Entering false information on this form

is punishable as perjury under Section 32-2 of the Criminal

Code of 2012."

(b) The application shall contain the following:

(1) the applicant's name, current address, date and

year of birth, place of birth, height, weight, hair color,

eye color, maiden name or any other name the applicant has

used or identified with, and any address where the

applicant resided for more than 30 days within the 10 years

preceding the date of the license application;

(2) the applicant's valid driver's license number or

valid state identification card number;

(3) a waiver of the applicant's privacy and

confidentiality rights and privileges under all federal

and state laws, including those limiting access to juvenile

court, criminal justice, psychological, or psychiatric

records or records relating to any institutionalization of

the applicant, and an affirmative request that a person

having custody of any of these records provide it or

information concerning it to the Department. The waiver

only applies to records sought in connection with

determining whether the applicant qualifies for a license

to carry a concealed firearm under this Act, or whether the

applicant remains in compliance with the Firearm Owners

Identification Card Act;

(4) an affirmation that the applicant possesses a

currently valid Firearm Owner's Identification Card and

card number if possessed or notice the applicant is

applying for a Firearm Owner's Identification Card in

conjunction with the license application;

(5) an affirmation that the applicant has not been

convicted or found guilty of:

(A) a felony;

(B) a misdemeanor involving the use or threat of

physical force or violence to any person within the 5

years preceding the date of the application; or

(C) 2 or more violations related to driving while

under the influence of alcohol, other drug or drugs,

intoxicating compound or compounds, or any combination

thereof, within the 5 years preceding the date of the

license application; and

(6) whether the applicant has failed a drug test for a

drug for which the applicant did not have a prescription,

within the previous year, and if so, the provider of the

test, the specific substance involved, and the date of the

test;

(7) written consent for the Department to review and

use the applicant's Illinois digital driver's license or

Illinois identification card photograph and signature;

(8) a full set of fingerprints submitted to the

Department in electronic format, provided the Department

may accept an application submitted without a set of

fingerprints in which case the Department shall be granted

30 days in addition to the 90 days provided under

subsection (e) of Section 10 of this Act to issue or deny a

license;

(9) a head and shoulder color photograph in a size

specified by the Department taken within the 30 days

preceding the date of the license application; and

(10) a photocopy of any certificates or other evidence

of compliance with the training requirements under this

Act.

(Source: P.A. 98-63, eff. 7-9-13.)

(430 ILCS 66/55)

Sec. 55. Change of address or name; lost, destroyed, or

stolen licenses.

(a) A licensee shall notify the Department within 30 days

of moving or changing residence or any change of name. The

licensee shall submit the requisite fee and the Department may

require a notarized statement that the licensee has changed his

or her residence or his or her name, including the prior and

current address or name and the date the applicant moved or

changed his or her name. :

(1) a notarized statement that the licensee has changed

his or her residence or his or her name, including the

prior and current address or name and the date the

applicant moved or changed his or her name; and

(2) the requisite fee.

(b) A licensee shall notify the Department within 10 days

of discovering that a license has been lost, destroyed, or

stolen. A lost, destroyed, or stolen license is invalid. To

request a replacement license, the licensee shall submit:

(1) a notarized statement that the licensee no longer

possesses the license, and that it was lost, destroyed, or

stolen;

(2) if applicable, a copy of a police report stating

that the license was stolen; and

(3) the requisite fee.

(c) A violation of this Section is a petty offense with a

fine of $150 which shall be deposited into the Mental Health

Reporting Fund.

(Source: P.A. 98-63, eff. 7-9-13.)

(430 ILCS 66/65)

Sec. 65. Prohibited areas.

(a) A licensee under this Act shall not knowingly carry a

firearm on or into:

(1) Any building, real property, and parking area under

the control of a public or private elementary or secondary

school.

(2) Any building, real property, and parking area under

the control of a pre-school or child care facility,

including any room or portion of a building under the

control of a pre-school or child care facility. Nothing in

this paragraph shall prevent the operator of a child care

facility in a family home from owning or possessing a

firearm in the home or license under this Act, if no child

under child care at the home is present in the home or the

firearm in the home is stored in a locked container when a

child under child care at the home is present in the home.

(3) Any building, parking area, or portion of a

building under the control of an officer of the executive

or legislative branch of government, provided that nothing

in this paragraph shall prohibit a licensee from carrying a

concealed firearm onto the real property, bikeway, or trail

in a park regulated by the Department of Natural Resources

or any other designated public hunting area or building

where firearm possession is permitted as established by the

Department of Natural Resources under Section 1.8 of the

Wildlife Code.

(4) Any building designated for matters before a

circuit court, appellate court, or the Supreme Court, or

any building or portion of a building under the control of

the Supreme Court.

(5) Any building or portion of a building under the

control of a unit of local government.

(6) Any building, real property, and parking area under

the control of an adult or juvenile detention or

correctional institution, prison, or jail.

(7) Any building, real property, and parking area under

the control of a public or private hospital or hospital

affiliate, mental health facility, or nursing home.

(8) Any bus, train, or form of transportation paid for

in whole or in part with public funds, and any building,

real property, and parking area under the control of a

public transportation facility paid for in whole or in part

with public funds.

(9) Any building, real property, and parking area under

the control of an establishment that serves alcohol on its

premises, if more than 50% of the establishment's gross

receipts within the prior 3 months is from the sale of

alcohol. The owner of an establishment who knowingly fails

to prohibit concealed firearms on its premises as provided

in this paragraph or who knowingly makes a false statement

or record to avoid the prohibition on concealed firearms

under this paragraph is subject to the penalty under

subsection (c-5) of Section 10-1 of the Liquor Control Act

of 1934.

(10) Any public gathering or special event conducted on

property open to the public that requires the issuance of a

permit from the unit of local government, provided this

prohibition shall not apply to a licensee who must walk

through a public gathering in order to access his or her

residence, place of business, or vehicle.

(11) Any building or real property that has been issued

a Special Event Retailer's license as defined in Section

1-3.17.1 of the Liquor Control Act during the time

designated for the sale of alcohol by the Special Event

Retailer's license, or a Special use permit license as

defined in subsection (q) of Section 5-1 of the Liquor

Control Act during the time designated for the sale of

alcohol by the Special use permit license.

(12) Any public playground.

(13) Any public park, athletic area, or athletic

facility under the control of a municipality or park

district, provided nothing in this Section shall prohibit a

licensee from carrying a concealed firearm while on a trail

or bikeway if only a portion of the trail or bikeway

includes a public park.

(14) Any real property under the control of the Cook

County Forest Preserve District.

(15) Any building, classroom, laboratory, medical

clinic, hospital, artistic venue, athletic venue,

entertainment venue, officially recognized

university-related organization property, whether owned or

leased, and any real property, including parking areas,

sidewalks, and common areas under the control of a public

or private community college, college, or university.

(16) Any building, real property, or parking area under

the control of a gaming facility licensed under the

Riverboat Gambling Act or the Illinois Horse Racing Act of

1975, including an inter-track wagering location licensee.

(17) Any stadium, arena, or the real property or

parking area under the control of a stadium, arena, or any

collegiate or professional sporting event.

(18) Any building, real property, or parking area under

the control of a public library.

(19) Any building, real property, or parking area under

the control of an airport.

(20) Any building, real property, or parking area under

the control of an amusement park.

(21) Any building, real property, or parking area under

the control of a zoo or museum.

(22) Any street, driveway, parking area, property,

building, or facility, owned, leased, controlled, or used

by a nuclear energy, storage, weapons, or development site

or facility regulated by the federal Nuclear Regulatory

Commission. The licensee shall not under any circumstance

store a firearm or ammunition in his or her vehicle or in a

compartment or container within a vehicle located anywhere

in or on the street, driveway, parking area, property,

building, or facility described in this paragraph.

(23) Any area where firearms are prohibited under

federal law.

(a-5) Nothing in this Act shall prohibit a public or

private community college, college, or university from:

(1) prohibiting persons from carrying a firearm within

a vehicle owned, leased, or controlled by the college or

university;

(2) developing resolutions, regulations, or policies

regarding student, employee, or visitor misconduct and

discipline, including suspension and expulsion;

(3) developing resolutions, regulations, or policies

regarding the storage or maintenance of firearms, which

must include designated areas where persons can park

vehicles that carry firearms; and

(4) permitting the carrying or use of firearms for the

purpose of instruction and curriculum of officially

recognized programs, including but not limited to military

science and law enforcement training programs, or in any

designated area used for hunting purposes or target

shooting.

(a-10) The owner of private real property of any type may

prohibit the carrying of concealed firearms on the property

under his or her control. The owner must post a sign in

accordance with subsection (d) of this Section indicating that

firearms are prohibited on the property, unless the property is

a private residence.

(b) Notwithstanding subsections (a), (a-5), and (a-10) of

this Section except under paragraph (22) or (23) of subsection

(a), any licensee prohibited from carrying a concealed firearm

into the parking area of a prohibited location specified in

subsection (a), (a-5), or (a-10) of this Section shall be

permitted to carry a concealed firearm on or about his or her

person within a vehicle into the parking area and may store a

firearm or ammunition concealed in a case within a locked

vehicle or locked container out of plain view within the

vehicle in the parking area. A licensee may carry a concealed

firearm in the immediate area surrounding his or her vehicle

within a prohibited parking lot area only for the limited

purpose of storing or retrieving a firearm within the vehicle's

trunk, provided the licensee ensures the concealed firearm is

unloaded prior to exiting the vehicle. For purposes of this

subsection, "case" includes a glove compartment or console that

completely encloses the concealed firearm or ammunition, the

trunk of the vehicle, or a firearm carrying box, shipping box,

or other container.

(c) A licensee shall not be in violation of this Section

while he or she is traveling along a public right of way that

touches or crosses any of the premises under subsection (a),

(a-5), or (a-10) of this Section if the concealed firearm is

carried on his or her person in accordance with the provisions

of this Act or is being transported in a vehicle by the

licensee in accordance with all other applicable provisions of

law.

(d) Signs stating that the carrying of firearms is

prohibited shall be clearly and conspicuously posted at the

entrance of a building, premises, or real property specified in

this Section as a prohibited area, unless the building or

premises is a private residence. Signs shall be of a uniform

design as established by the Department and shall be 4 inches

by 6 inches in size. The Department shall adopt rules for

standardized signs to be used under this subsection.

(Source: P.A. 98-63, eff. 7-9-13.)

Section 20. The Criminal Code of 2012 is amended by

changing Sections 24-1 and 24-3 as follows:

(720 ILCS 5/24-1) (from Ch. 38, par. 24-1)

Sec. 24-1. Unlawful Use of Weapons.

(a) A person commits the offense of unlawful use of weapons

when he knowingly:

(1) Sells, manufactures, purchases, possesses or

carries any bludgeon, black-jack, slung-shot, sand-club,

sand-bag, metal knuckles or other knuckle weapon

regardless of its composition, throwing star, or any knife,

commonly referred to as a switchblade knife, which has a

blade that opens automatically by hand pressure applied to

a button, spring or other device in the handle of the

knife, or a ballistic knife, which is a device that propels

a knifelike blade as a projectile by means of a coil

spring, elastic material or compressed gas; or

(2) Carries or possesses with intent to use the same

unlawfully against another, a dagger, dirk, billy,

dangerous knife, razor, stiletto, broken bottle or other

piece of glass, stun gun or taser or any other dangerous or

deadly weapon or instrument of like character; or

(3) Carries on or about his person or in any vehicle, a

tear gas gun projector or bomb or any object containing

noxious liquid gas or substance, other than an object

containing a non-lethal noxious liquid gas or substance

designed solely for personal defense carried by a person 18

years of age or older; or

(4) Carries or possesses in any vehicle or concealed on

or about his person except when on his land or in his own

abode, legal dwelling, or fixed place of business, or on

the land or in the legal dwelling of another person as an

invitee with that person's permission, any pistol,

revolver, stun gun or taser or other firearm, except that

this subsection (a) (4) does not apply to or affect

transportation of weapons that meet one of the following

conditions:

(i) are broken down in a non-functioning state; or

(ii) are not immediately accessible; or

(iii) are unloaded and enclosed in a case, firearm

carrying box, shipping box, or other container by a

person who has been issued a currently valid Firearm

Owner's Identification Card; or

(iv) are carried or possessed in accordance with

the Firearm Concealed Carry Act by a person who has

been issued a currently valid license under the Firearm

Concealed Carry Act; or

(5) Sets a spring gun; or

(6) Possesses any device or attachment of any kind

designed, used or intended for use in silencing the report

of any firearm; or

(7) Sells, manufactures, purchases, possesses or

carries:

(i) a machine gun, which shall be defined for the

purposes of this subsection as any weapon, which

shoots, is designed to shoot, or can be readily

restored to shoot, automatically more than one shot

without manually reloading by a single function of the

trigger, including the frame or receiver of any such

weapon, or sells, manufactures, purchases, possesses,

or carries any combination of parts designed or

intended for use in converting any weapon into a

machine gun, or any combination or parts from which a

machine gun can be assembled if such parts are in the

possession or under the control of a person;

(ii) any rifle having one or more barrels less than

16 inches in length or a shotgun having one or more

barrels less than 18 inches in length or any weapon

made from a rifle or shotgun, whether by alteration,

modification, or otherwise, if such a weapon as

modified has an overall length of less than 26 inches;

or

(iii) any bomb, bomb-shell, grenade, bottle or

other container containing an explosive substance of

over one-quarter ounce for like purposes, such as, but

not limited to, black powder bombs and Molotov

cocktails or artillery projectiles; or

(8) Carries or possesses any firearm, stun gun or taser

or other deadly weapon in any place which is licensed to

sell intoxicating beverages, or at any public gathering

held pursuant to a license issued by any governmental body

or any public gathering at which an admission is charged,

excluding a place where a showing, demonstration or lecture

involving the exhibition of unloaded firearms is

conducted.

This subsection (a)(8) does not apply to any auction or

raffle of a firearm held pursuant to a license or permit

issued by a governmental body, nor does it apply to persons

engaged in firearm safety training courses; or

(9) Carries or possesses in a vehicle or on or about

his person any pistol, revolver, stun gun or taser or

firearm or ballistic knife, when he is hooded, robed or

masked in such manner as to conceal his identity; or

(10) Carries or possesses on or about his person, upon

any public street, alley, or other public lands within the

corporate limits of a city, village or incorporated town,

except when an invitee thereon or therein, for the purpose

of the display of such weapon or the lawful commerce in

weapons, or except when on his land or in his own abode,

legal dwelling, or fixed place of business, or on the land

or in the legal dwelling of another person as an invitee

with that person's permission, any pistol, revolver, stun

gun or taser or other firearm, except that this subsection

(a) (10) does not apply to or affect transportation of

weapons that meet one of the following conditions:

(i) are broken down in a non-functioning state; or

(ii) are not immediately accessible; or

(iii) are unloaded and enclosed in a case, firearm

carrying box, shipping box, or other container by a

person who has been issued a currently valid Firearm

Owner's Identification Card; or .

(iv) are carried or possessed in accordance with

the Firearm Concealed Carry Act by a person who has

been issued a currently valid license under the Firearm

Concealed Carry Act.

A "stun gun or taser", as used in this paragraph (a)

means (i) any device which is powered by electrical

charging units, such as, batteries, and which fires one or

several barbs attached to a length of wire and which, upon

hitting a human, can send out a current capable of

disrupting the person's nervous system in such a manner as

to render him incapable of normal functioning or (ii) any

device which is powered by electrical charging units, such

as batteries, and which, upon contact with a human or

clothing worn by a human, can send out current capable of

disrupting the person's nervous system in such a manner as

to render him incapable of normal functioning; or

(11) Sells, manufactures or purchases any explosive

bullet. For purposes of this paragraph (a) "explosive

bullet" means the projectile portion of an ammunition

cartridge which contains or carries an explosive charge

which will explode upon contact with the flesh of a human

or an animal. "Cartridge" means a tubular metal case having

a projectile affixed at the front thereof and a cap or

primer at the rear end thereof, with the propellant

contained in such tube between the projectile and the cap;

or

(12) (Blank); or

(13) Carries or possesses on or about his or her person

while in a building occupied by a unit of government, a

billy club, other weapon of like character, or other

instrument of like character intended for use as a weapon.

For the purposes of this Section, "billy club" means a

short stick or club commonly carried by police officers

which is either telescopic or constructed of a solid piece

of wood or other man-made material.

(b) Sentence. A person convicted of a violation of

subsection 24-1(a)(1) through (5), subsection 24-1(a)(10),

subsection 24-1(a)(11), or subsection 24-1(a)(13) commits a

Class A misdemeanor. A person convicted of a violation of

subsection 24-1(a)(8) or 24-1(a)(9) commits a Class 4 felony; a

person convicted of a violation of subsection 24-1(a)(6) or

24-1(a)(7)(ii) or (iii) commits a Class 3 felony. A person

convicted of a violation of subsection 24-1(a)(7)(i) commits a

Class 2 felony and shall be sentenced to a term of imprisonment

of not less than 3 years and not more than 7 years, unless the

weapon is possessed in the passenger compartment of a motor

vehicle as defined in Section 1-146 of the Illinois Vehicle

Code, or on the person, while the weapon is loaded, in which

case it shall be a Class X felony. A person convicted of a

second or subsequent violation of subsection 24-1(a)(4),

24-1(a)(8), 24-1(a)(9), or 24-1(a)(10) commits a Class 3

felony. The possession of each weapon in violation of this

Section constitutes a single and separate violation.

(c) Violations in specific places.

(1) A person who violates subsection 24-1(a)(6) or

24-1(a)(7) in any school, regardless of the time of day or

the time of year, in residential property owned, operated

or managed by a public housing agency or leased by a public

housing agency as part of a scattered site or mixed-income

development, in a public park, in a courthouse, on the real

property comprising any school, regardless of the time of

day or the time of year, on residential property owned,

operated or managed by a public housing agency or leased by

a public housing agency as part of a scattered site or

mixed-income development, on the real property comprising

any public park, on the real property comprising any

courthouse, in any conveyance owned, leased or contracted

by a school to transport students to or from school or a

school related activity, in any conveyance owned, leased,

or contracted by a public transportation agency, or on any

public way within 1,000 feet of the real property

comprising any school, public park, courthouse, public

transportation facility, or residential property owned,

operated, or managed by a public housing agency or leased

by a public housing agency as part of a scattered site or

mixed-income development commits a Class 2 felony and shall

be sentenced to a term of imprisonment of not less than 3

years and not more than 7 years.

(1.5) A person who violates subsection 24-1(a)(4),

24-1(a)(9), or 24-1(a)(10) in any school, regardless of the

time of day or the time of year, in residential property

owned, operated, or managed by a public housing agency or

leased by a public housing agency as part of a scattered

site or mixed-income development, in a public park, in a

courthouse, on the real property comprising any school,

regardless of the time of day or the time of year, on

residential property owned, operated, or managed by a

public housing agency or leased by a public housing agency

as part of a scattered site or mixed-income development, on

the real property comprising any public park, on the real

property comprising any courthouse, in any conveyance

owned, leased, or contracted by a school to transport

students to or from school or a school related activity, in

any conveyance owned, leased, or contracted by a public

transportation agency, or on any public way within 1,000

feet of the real property comprising any school, public

park, courthouse, public transportation facility, or

residential property owned, operated, or managed by a

public housing agency or leased by a public housing agency

as part of a scattered site or mixed-income development

commits a Class 3 felony.

(2) A person who violates subsection 24-1(a)(1),

24-1(a)(2), or 24-1(a)(3) in any school, regardless of the

time of day or the time of year, in residential property

owned, operated or managed by a public housing agency or

leased by a public housing agency as part of a scattered

site or mixed-income development, in a public park, in a

courthouse, on the real property comprising any school,

regardless of the time of day or the time of year, on

residential property owned, operated or managed by a public

housing agency or leased by a public housing agency as part

of a scattered site or mixed-income development, on the

real property comprising any public park, on the real

property comprising any courthouse, in any conveyance

owned, leased or contracted by a school to transport

students to or from school or a school related activity, in

any conveyance owned, leased, or contracted by a public

transportation agency, or on any public way within 1,000

feet of the real property comprising any school, public

park, courthouse, public transportation facility, or

residential property owned, operated, or managed by a

public housing agency or leased by a public housing agency

as part of a scattered site or mixed-income development

commits a Class 4 felony. "Courthouse" means any building

that is used by the Circuit, Appellate, or Supreme Court of

this State for the conduct of official business.

(3) Paragraphs (1), (1.5), and (2) of this subsection

(c) shall not apply to law enforcement officers or security

officers of such school, college, or university or to

students carrying or possessing firearms for use in

training courses, parades, hunting, target shooting on

school ranges, or otherwise with the consent of school

authorities and which firearms are transported unloaded

enclosed in a suitable case, box, or transportation

package.

(4) For the purposes of this subsection (c), "school"

means any public or private elementary or secondary school,

community college, college, or university.

(5) For the purposes of this subsection (c), "public

transportation agency" means a public or private agency

that provides for the transportation or conveyance of

persons by means available to the general public, except

for transportation by automobiles not used for conveyance

of the general public as passengers; and "public

transportation facility" means a terminal or other place

where one may obtain public transportation.

(d) The presence in an automobile other than a public

omnibus of any weapon, instrument or substance referred to in

subsection (a)(7) is prima facie evidence that it is in the

possession of, and is being carried by, all persons occupying

such automobile at the time such weapon, instrument or

substance is found, except under the following circumstances:

(i) if such weapon, instrument or instrumentality is found upon

the person of one of the occupants therein; or (ii) if such

weapon, instrument or substance is found in an automobile

operated for hire by a duly licensed driver in the due, lawful

and proper pursuit of his trade, then such presumption shall

not apply to the driver.

(e) Exemptions. Crossbows, Common or Compound bows and

Underwater Spearguns are exempted from the definition of

ballistic knife as defined in paragraph (1) of subsection (a)

of this Section.

(Source: P.A. 95-331, eff. 8-21-07; 95-809, eff. 1-1-09;

95-885, eff. 1-1-09; 96-41, eff. 1-1-10; 96-328, eff. 8-11-09;

96-742, eff. 8-25-09; 96-1000, eff. 7-2-10.)

(720 ILCS 5/24-3) (from Ch. 38, par. 24-3)

Sec. 24-3. Unlawful sale or delivery of firearms.

(A) A person commits the offense of unlawful sale or

delivery of firearms when he or she knowingly does any of the

following:

(a) Sells or gives any firearm of a size which may be

concealed upon the person to any person under 18 years of

age.

(b) Sells or gives any firearm to a person under 21

years of age who has been convicted of a misdemeanor other

than a traffic offense or adjudged delinquent.

(c) Sells or gives any firearm to any narcotic addict.

(d) Sells or gives any firearm to any person who has

been convicted of a felony under the laws of this or any

other jurisdiction.

(e) Sells or gives any firearm to any person who has

been a patient in a mental institution within the past 5

years. In this subsection (e):

"Mental institution" means any hospital,

institution, clinic, evaluation facility, mental

health center, or part thereof, which is used primarily

for the care or treatment of persons with mental

illness.

"Patient in a mental institution" means the person

was admitted, either voluntarily or involuntarily, to

a mental institution for mental health treatment,

unless the treatment was voluntary and solely for an

alcohol abuse disorder and no other secondary

substance abuse disorder or mental illness.

(f) Sells or gives any firearms to any person who is

intellectually disabled.

(g) Delivers any firearm of a size which may be

concealed upon the person, incidental to a sale, without

withholding delivery of such firearm for at least 72 hours

after application for its purchase has been made, or

delivers any rifle, shotgun or other long gun, or a stun

gun or taser, incidental to a sale, without withholding

delivery of such rifle, shotgun or other long gun, or a

stun gun or taser for at least 24 hours after application

for its purchase has been made. However, this paragraph (g)

does not apply to: (1) the sale of a firearm to a law

enforcement officer if the seller of the firearm knows that

the person to whom he or she is selling the firearm is a

law enforcement officer or the sale of a firearm to a

person who desires to purchase a firearm for use in

promoting the public interest incident to his or her

employment as a bank guard, armed truck guard, or other

similar employment; (2) a mail order sale of a firearm from

a federally licensed firearms dealer to a nonresident of

Illinois under which the firearm is mailed to a federally

licensed firearms dealer point outside the boundaries of

Illinois; (3) the sale of a firearm to a nonresident of

Illinois while at a firearm showing or display recognized

by the Illinois Department of State Police; or (4) the sale

of a firearm to a dealer licensed as a federal firearms

dealer under Section 923 of the federal Gun Control Act of

1968 (18 U.S.C. 923); or (5) the transfer or sale of any

rifle, shotgun, or other long gun to a resident registered

competitor or attendee or non-resident registered

competitor or attendee by any dealer licensed as a federal

firearms dealer under Section 923 of the federal Gun

Control Act of 1968 at competitive shooting events held at

the World Shooting Complex sanctioned by a national

governing body. For purposes of transfers or sales under

subparagraph (5) of this paragraph (g), the Department of

Natural Resources shall give notice to the Department of

State Police at least 30 calendar days prior to any

competitive shooting events at the World Shooting Complex

sanctioned by a national governing body. The notification

shall be made on a form prescribed by the Department of

State Police. The sanctioning body shall provide a list of

all registered competitors and attendees at least 24 hours

before the events to the Department of State Police. Any

changes to the list of registered competitors and attendees

shall be forwarded to the Department of State Police as

soon as practicable. The Department of State Police must

destroy the list of registered competitors and attendees no

later than 30 days after the date of the event. Nothing in

this paragraph (g) relieves a federally licensed firearm

dealer from the requirements of conducting a NICS

background check through the Illinois Point of Contact

under 18 U.S.C. 922(t). For purposes of this paragraph (g),

"application" means when the buyer and seller reach an

agreement to purchase a firearm. For purposes of this

paragraph (g), "national governing body" means a group of

persons who adopt rules and formulate policy on behalf of a

national firearm sporting organization.

(h) While holding any license as a dealer, importer,

manufacturer or pawnbroker under the federal Gun Control

Act of 1968, manufactures, sells or delivers to any

unlicensed person a handgun having a barrel, slide, frame

or receiver which is a die casting of zinc alloy or any

other nonhomogeneous metal which will melt or deform at a

temperature of less than 800 degrees Fahrenheit. For

purposes of this paragraph, (1) "firearm" is defined as in

the Firearm Owners Identification Card Act; and (2)

"handgun" is defined as a firearm designed to be held and

fired by the use of a single hand, and includes a

combination of parts from which such a firearm can be

assembled.

(i) Sells or gives a firearm of any size to any person

under 18 years of age who does not possess a valid Firearm

Owner's Identification Card.

(j) Sells or gives a firearm while engaged in the

business of selling firearms at wholesale or retail without

being licensed as a federal firearms dealer under Section

923 of the federal Gun Control Act of 1968 (18 U.S.C. 923).

In this paragraph (j):

A person "engaged in the business" means a person who

devotes time, attention, and labor to engaging in the

activity as a regular course of trade or business with the

principal objective of livelihood and profit, but does not

include a person who makes occasional repairs of firearms

or who occasionally fits special barrels, stocks, or

trigger mechanisms to firearms.

"With the principal objective of livelihood and

profit" means that the intent underlying the sale or

disposition of firearms is predominantly one of obtaining

livelihood and pecuniary gain, as opposed to other intents,

such as improving or liquidating a personal firearms

collection; however, proof of profit shall not be required

as to a person who engages in the regular and repetitive

purchase and disposition of firearms for criminal purposes

or terrorism.

(k) Sells or transfers ownership of a firearm to a

person who does not display to the seller or transferor of

the firearm either: (1) a currently valid Firearm Owner's

Identification Card that has previously been issued in the

transferee's name by the Department of State Police under

the provisions of the Firearm Owners Identification Card

Act; or (2) a currently valid license to carry a concealed

firearm that has previously been issued in the transferee's

name by the Department of State Police under the Firearm

Concealed Carry Act. This paragraph (k) does not apply to

the transfer of a firearm to a person who is exempt from

the requirement of possessing a Firearm Owner's

Identification Card under Section 2 of the Firearm Owners

Identification Card Act. For the purposes of this Section,

a currently valid Firearm Owner's Identification Card

means (i) a Firearm Owner's Identification Card that has

not expired or (ii) an approval number issued in accordance

with subsection (a-10) of subsection 3 or Section 3.1 of

the Firearm Owners Identification Card Act shall be proof

that the Firearm Owner's Identification Card was valid.

(1) In addition to the other requirements of this

paragraph (k), all persons who are not federally

licensed firearms dealers must also have complied with

subsection (a-10) of Section 3 of the Firearm Owners

Identification Card Act by determining the validity of

a purchaser's Firearm Owner's Identification Card.

(2) All sellers or transferors who have complied

with the requirements of subparagraph (1) of this

paragraph (k) shall not be liable for damages in any

civil action arising from the use or misuse by the

transferee of the firearm transferred, except for

willful or wanton misconduct on the part of the seller

or transferor.

(l) Not being entitled to the possession of a firearm,

delivers the firearm, knowing it to have been stolen or

converted. It may be inferred that a person who possesses a

firearm with knowledge that its serial number has been

removed or altered has knowledge that the firearm is stolen

or converted.

(B) Paragraph (h) of subsection (A) does not include

firearms sold within 6 months after enactment of Public Act

78-355 (approved August 21, 1973, effective October 1, 1973),

nor is any firearm legally owned or possessed by any citizen or

purchased by any citizen within 6 months after the enactment of

Public Act 78-355 subject to confiscation or seizure under the

provisions of that Public Act. Nothing in Public Act 78-355

shall be construed to prohibit the gift or trade of any firearm

if that firearm was legally held or acquired within 6 months

after the enactment of that Public Act.

(C) Sentence.

(1) Any person convicted of unlawful sale or delivery

of firearms in violation of paragraph (c), (e), (f), (g),

or (h) of subsection (A) commits a Class 4 felony.

(2) Any person convicted of unlawful sale or delivery

of firearms in violation of paragraph (b) or (i) of

subsection (A) commits a Class 3 felony.

(3) Any person convicted of unlawful sale or delivery

of firearms in violation of paragraph (a) of subsection (A)

commits a Class 2 felony.

(4) Any person convicted of unlawful sale or delivery

of firearms in violation of paragraph (a), (b), or (i) of

subsection (A) in any school, on the real property

comprising a school, within 1,000 feet of the real property

comprising a school, at a school related activity, or on or

within 1,000 feet of any conveyance owned, leased, or

contracted by a school or school district to transport

students to or from school or a school related activity,

regardless of the time of day or time of year at which the

offense was committed, commits a Class 1 felony. Any person

convicted of a second or subsequent violation of unlawful

sale or delivery of firearms in violation of paragraph (a),

(b), or (i) of subsection (A) in any school, on the real

property comprising a school, within 1,000 feet of the real

property comprising a school, at a school related activity,

or on or within 1,000 feet of any conveyance owned, leased,

or contracted by a school or school district to transport

students to or from school or a school related activity,

regardless of the time of day or time of year at which the

offense was committed, commits a Class 1 felony for which

the sentence shall be a term of imprisonment of no less

than 5 years and no more than 15 years.

(5) Any person convicted of unlawful sale or delivery

of firearms in violation of paragraph (a) or (i) of

subsection (A) in residential property owned, operated, or

managed by a public housing agency or leased by a public

housing agency as part of a scattered site or mixed-income

development, in a public park, in a courthouse, on

residential property owned, operated, or managed by a

public housing agency or leased by a public housing agency

as part of a scattered site or mixed-income development, on

the real property comprising any public park, on the real

property comprising any courthouse, or on any public way

within 1,000 feet of the real property comprising any

public park, courthouse, or residential property owned,

operated, or managed by a public housing agency or leased

by a public housing agency as part of a scattered site or

mixed-income development commits a Class 2 felony.

(6) Any person convicted of unlawful sale or delivery

of firearms in violation of paragraph (j) of subsection (A)

commits a Class A misdemeanor. A second or subsequent

violation is a Class 4 felony.

(7) Any person convicted of unlawful sale or delivery

of firearms in violation of paragraph (k) of subsection (A)

commits a Class 4 felony, except that a violation of

subparagraph (1) of paragraph (k) of subsection (A) shall

not be punishable as a crime or petty offense. A third or

subsequent conviction for a violation of paragraph (k) of

subsection (A) is a Class 1 felony.

(8) A person 18 years of age or older convicted of

unlawful sale or delivery of firearms in violation of

paragraph (a) or (i) of subsection (A), when the firearm

that was sold or given to another person under 18 years of

age was used in the commission of or attempt to commit a

forcible felony, shall be fined or imprisoned, or both, not

to exceed the maximum provided for the most serious

forcible felony so committed or attempted by the person

under 18 years of age who was sold or given the firearm.

(9) Any person convicted of unlawful sale or delivery

of firearms in violation of paragraph (d) of subsection (A)

commits a Class 3 felony.

(10) Any person convicted of unlawful sale or delivery

of firearms in violation of paragraph (l) of subsection (A)

commits a Class 2 felony if the delivery is of one firearm.

Any person convicted of unlawful sale or delivery of

firearms in violation of paragraph (l) of subsection (A)

commits a Class 1 felony if the delivery is of not less

than 2 and not more than 5 firearms at the same time or

within a one year period. Any person convicted of unlawful

sale or delivery of firearms in violation of paragraph (l)

of subsection (A) commits a Class X felony for which he or

she shall be sentenced to a term of imprisonment of not

less than 6 years and not more than 30 years if the

delivery is of not less than 6 and not more than 10

firearms at the same time or within a 2 year period. Any

person convicted of unlawful sale or delivery of firearms

in violation of paragraph (l) of subsection (A) commits a

Class X felony for which he or she shall be sentenced to a

term of imprisonment of not less than 6 years and not more

than 40 years if the delivery is of not less than 11 and

not more than 20 firearms at the same time or within a 3

year period. Any person convicted of unlawful sale or

delivery of firearms in violation of paragraph (l) of

subsection (A) commits a Class X felony for which he or she

shall be sentenced to a term of imprisonment of not less

than 6 years and not more than 50 years if the delivery is

of not less than 21 and not more than 30 firearms at the

same time or within a 4 year period. Any person convicted

of unlawful sale or delivery of firearms in violation of

paragraph (l) of subsection (A) commits a Class X felony

for which he or she shall be sentenced to a term of

imprisonment of not less than 6 years and not more than 60

years if the delivery is of 31 or more firearms at the same

time or within a 5 year period.

(D) For purposes of this Section:

"School" means a public or private elementary or secondary

school, community college, college, or university.

"School related activity" means any sporting, social,

academic, or other activity for which students' attendance or

participation is sponsored, organized, or funded in whole or in

part by a school or school district.

(E) A prosecution for a violation of paragraph (k) of

subsection (A) of this Section may be commenced within 6 years

after the commission of the offense. A prosecution for a

violation of this Section other than paragraph (g) of

subsection (A) of this Section may be commenced within 5 years

after the commission of the offense defined in the particular

paragraph.

(Source: P.A. 97-227, eff. 1-1-12; 97-347, eff. 1-1-12; 97-813,

eff. 7-13-12; 97-1167, eff. 6-1-13; 98-508, eff. 8-19-13.)

Section 25. The Mental Health and Developmental

Disabilities Confidentiality Act is amended by changing

Section 12 as follows:

(740 ILCS 110/12) (from Ch. 91 1/2, par. 812)

Sec. 12. (a) If the United States Secret Service or the

Department of State Police requests information from a mental

health or developmental disability facility, as defined in

Section 1-107 and 1-114 of the Mental Health and Developmental

Disabilities Code, relating to a specific recipient and the

facility director determines that disclosure of such

information may be necessary to protect the life of, or to

prevent the infliction of great bodily harm to, a public

official, or a person under the protection of the United States

Secret Service, only the following information may be

disclosed: the recipient's name, address, and age and the date

of any admission to or discharge from a facility; and any

information which would indicate whether or not the recipient

has a history of violence or presents a danger of violence to

the person under protection. Any information so disclosed shall

be used for investigative purposes only and shall not be

publicly disseminated. Any person participating in good faith

in the disclosure of such information in accordance with this

provision shall have immunity from any liability, civil,

criminal or otherwise, if such information is disclosed relying

upon the representation of an officer of the United States

Secret Service or the Department of State Police that a person

is under the protection of the United States Secret Service or

is a public official.

For the purpose of this subsection (a), the term "public

official" means the Governor, Lieutenant Governor, Attorney

General, Secretary of State, State Comptroller, State

Treasurer, member of the General Assembly, member of the United

States Congress, Judge of the United States as defined in 28

U.S.C. 451, Justice of the United States as defined in 28

U.S.C. 451, United States Magistrate Judge as defined in 28

U.S.C. 639, Bankruptcy Judge appointed under 28 U.S.C. 152, or

Supreme, Appellate, Circuit, or Associate Judge of the State of

Illinois. The term shall also include the spouse, child or

children of a public official.

(b) The Department of Human Services (acting as successor

to the Department of Mental Health and Developmental

Disabilities) and all public or private hospitals and mental

health facilities are required, as hereafter described in this

subsection, to furnish the Department of State Police only such

information as may be required for the sole purpose of

determining whether an individual who may be or may have been a

patient is disqualified because of that status from receiving

or retaining a Firearm Owner's Identification Card or falls

within the federal prohibitors under subsection (e), (f), (g),

(r), (s), or (t) of Section 8 of the Firearm Owners

Identification Card Act, or falls within the federal

prohibitors in 18 U.S.C. 922(g) and (n). All physicians,

clinical psychologists, or qualified examiners at public or

private mental health facilities or parts thereof as defined in

this subsection shall, in the form and manner required by the

Department, provide notice directly to the Department of Human

Services, or to his or her employer who shall then report to

the Department, within 24 hours after determining that a person

patient as described in clause (2) of the definition of

"patient" in Section 1.1 of the Firearm Owners Identification

Card Act poses a clear and present danger to himself, herself,

or others, or within 7 days after a person 14 years or older is

determined to be developmentally disabled by a physician,

clinical psychologist, or qualified examiner as described in

Section 1.1 of the Firearm Owners Identification Card Act. If a

person is a patient as described in clause (1) of the

definition of "patient" in Section 1.1 of the Firearm Owners

Identification Card Act, this This information shall be

furnished within 24 hours after the physician, clinical

psychologist, or qualified examiner has made a determination,

or within 7 days after admission to a public or private

hospital or mental health facility or the provision of services

to a patient described in clause (1) of the definition of

"patient" in Section 1.1 of the Firearm Owners Identification

Card Act. Any such information disclosed under this subsection

shall remain privileged and confidential, and shall not be

redisclosed, except as required by subsection (e) of Section

3.1 of the Firearm Owners Identification Card Act, nor utilized

for any other purpose. The method of requiring the providing of

such information shall guarantee that no information is

released beyond what is necessary for this purpose. In

addition, the information disclosed shall be provided by the

Department within the time period established by Section 24-3

of the Criminal Code of 2012 regarding the delivery of

firearms. The method used shall be sufficient to provide the

necessary information within the prescribed time period, which

may include periodically providing lists to the Department of

Human Services or any public or private hospital or mental

health facility of Firearm Owner's Identification Card

applicants on which the Department or hospital shall indicate

the identities of those individuals who are to its knowledge

disqualified from having a Firearm Owner's Identification Card

for reasons described herein. The Department may provide for a

centralized source of information for the State on this subject

under its jurisdiction. The identity of the person reporting

under this subsection shall not be disclosed to the subject of

the report. For the purposes of this subsection, the physician,

clinical psychologist, or qualified examiner making the

determination and his or her employer shall not be held

criminally, civilly, or professionally liable for making or not

making the notification required under this subsection, except

for willful or wanton misconduct.

Any person, institution, or agency, under this Act,

participating in good faith in the reporting or disclosure of

records and communications otherwise in accordance with this

provision or with rules, regulations or guidelines issued by

the Department shall have immunity from any liability, civil,

criminal or otherwise, that might result by reason of the

action. For the purpose of any proceeding, civil or criminal,

arising out of a report or disclosure in accordance with this

provision, the good faith of any person, institution, or agency

so reporting or disclosing shall be presumed. The full extent

of the immunity provided in this subsection (b) shall apply to

any person, institution or agency that fails to make a report

or disclosure in the good faith belief that the report or

disclosure would violate federal regulations governing the

confidentiality of alcohol and drug abuse patient records

implementing 42 U.S.C. 290dd-3 and 290ee-3.

For purposes of this subsection (b) only, the following

terms shall have the meaning prescribed:

(1) (Blank).

(1.3) "Clear and present danger" has the meaning as

defined in Section 1.1 of the Firearm Owners Identification

Card Act.

(1.5) "Developmentally disabled" has the meaning as

defined in Section 1.1 of the Firearm Owners Identification

Card Act.

(2) "Patient" has the meaning as defined in Section 1.1

of the Firearm Owners Identification Card Act.

(3) "Mental health facility" has the meaning as defined

in Section 1.1 of the Firearm Owners Identification Card

Act.

(c) Upon the request of a peace officer who takes a person

into custody and transports such person to a mental health or

developmental disability facility pursuant to Section 3-606 or

4-404 of the Mental Health and Developmental Disabilities Code

or who transports a person from such facility, a facility

director shall furnish said peace officer the name, address,

age and name of the nearest relative of the person transported

to or from the mental health or developmental disability

facility. In no case shall the facility director disclose to

the peace officer any information relating to the diagnosis,

treatment or evaluation of the person's mental or physical

health.

For the purposes of this subsection (c), the terms "mental

health or developmental disability facility", "peace officer"

and "facility director" shall have the meanings ascribed to

them in the Mental Health and Developmental Disabilities Code.

(d) Upon the request of a peace officer or prosecuting

authority who is conducting a bona fide investigation of a

criminal offense, or attempting to apprehend a fugitive from

justice, a facility director may disclose whether a person is

present at the facility. Upon request of a peace officer or

prosecuting authority who has a valid forcible felony warrant

issued, a facility director shall disclose: (1) whether the

person who is the subject of the warrant is present at the

facility and (2) the date of that person's discharge or future

discharge from the facility. The requesting peace officer or

prosecuting authority must furnish a case number and the

purpose of the investigation or an outstanding arrest warrant

at the time of the request. Any person, institution, or agency

participating in good faith in disclosing such information in

accordance with this subsection (d) is immune from any

liability, civil, criminal or otherwise, that might result by

reason of the action.

(Source: P.A. 97-1150, eff. 1-25-13; 98-63, eff. 7-9-13.)