Sen. Don Harmon

Filed: 1/8/2023

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LRB102 24372 JDS 42553 a

1 AMENDMENT TO HOUSE BILL 5471

2 AMENDMENT NO. ______. Amend House Bill 5471 by replacing

3 everything after the enacting clause with the following:

4 "Section 1. This Act may be referred to as the Protect

5 Illinois Communities Act.

6 Section 5. The Illinois State Police Law of the Civil

7 Administrative Code of Illinois is amended by changing

8 Sections 2605-35 and 2605-51.1 as follows:

9 (20 ILCS 2605/2605-35) (was 20 ILCS 2605/55a-3)

10 Sec. 2605-35. Division of Criminal Investigation.

11 (a) The Division of Criminal Investigation shall exercise

12 the following functions and those in Section 2605-30:

13 (1) Exercise the rights, powers, and duties vested by

14 law in the Illinois State Police by the Illinois Horse

15 Racing Act of 1975, including those set forth in Section

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1 2605-215.

2 (2) Investigate the origins, activities, personnel,

3 and incidents of crime and enforce the criminal laws of

4 this State related thereto.

5 (3) Enforce all laws regulating the production, sale,

6 prescribing, manufacturing, administering, transporting,

7 having in possession, dispensing, delivering,

8 distributing, or use of controlled substances and

9 cannabis.

10 (4) Cooperate with the police of cities, villages, and

11 incorporated towns and with the police officers of any

12 county in enforcing the laws of the State and in making

13 arrests and recovering property.

14 (5) Apprehend and deliver up any person charged in

15 this State or any other state with treason or a felony or

16 other crime who has fled from justice and is found in this

17 State.

18 (6) Investigate recipients and providers under the

19 Illinois Public Aid Code and any personnel involved in the

20 administration of the Code who are suspected of any

21 violation of the Code pertaining to fraud in the

22 administration, receipt, or provision of assistance and

23 pertaining to any violation of criminal law; and exercise

24 the functions required under Section 2605-220 in the

25 conduct of those investigations.

26 (7) Conduct other investigations as provided by law,

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1 including, but not limited to, investigations of human

2 trafficking, illegal drug trafficking, and illegal

3 firearms trafficking.

4 (8) Investigate public corruption.

5 (9) Exercise other duties that may be assigned by the

6 Director in order to fulfill the responsibilities and

7 achieve the purposes of the Illinois State Police, which

8 may include the coordination of gang, terrorist, and

9 organized crime prevention, control activities, and

10 assisting local law enforcement in their crime control

11 activities.

12 (10) Conduct investigations (and cooperate with

13 federal law enforcement agencies in the investigation) of

14 any property-related crimes, such as money laundering,

15 involving individuals or entities listed on the sanctions

16 list maintained by the U.S. Department of Treasury's

17 Office of Foreign Asset Control.

18 (b) (Blank).

19 (c) The Division of Criminal Investigation shall provide

20 statewide coordination and strategy pertaining to

21 firearm-related intelligence, firearms trafficking

22 interdiction, and investigations reaching across all divisions

23 of the Illinois State Police, including providing crime gun

24 intelligence support for suspects and firearms involved in

25 firearms trafficking or the commission of a crime involving

26 firearms that is investigated by the Illinois State Police and

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1 other federal, State, and local law enforcement agencies, with

2 the objective of reducing and preventing illegal possession

3 and use of firearms, firearms trafficking, firearm-related

4 homicides, and other firearm-related violent crimes in

5 Illinois.

6 (Source: P.A. 102-538, eff. 8-20-21; 102-813, eff. 5-13-22;

7 102-1108, eff. 12-21-22.)

8 (20 ILCS 2605/2605-51.1)

9 (Section scheduled to be repealed on June 1, 2026)

10 Sec. 2605-51.1. Commission on Implementing the Firearms

11 Restraining Order Act.

12 (a) There is created the Commission on Implementing the

13 Firearms Restraining Order Act composed of at least 12 members

14 to advise on the strategies of education and implementation of

15 the Firearms Restraining Order Act. The Commission shall be

16 appointed by the Director of the Illinois State Police or his

17 or her designee and shall include a liaison or representative

18 nominated from the following:

19 (1) the Office of the Attorney General, appointed by

20 the Attorney General;

21 (2) the Director of the Illinois State Police or his

22 or her designee;

23 (3) at least 3 State's Attorneys, nominated by the

24 Director of the Office of the State's Attorneys Appellate

25 Prosecutor;

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1 (4) at least 2 municipal police department

2 representatives, nominated by the Illinois Association of

3 Chiefs of Police;

4 (5) an Illinois sheriff, nominated by the Illinois

5 Sheriffs' Association;

6 (6) the Director of Public Health or his or her

7 designee;

8 (7) the Illinois Law Enforcement Training Standards

9 Board, nominated by the Executive Director of the Board;

10 (8) a representative from a public defender's office,

11 nominated by the State Appellate Defender;

12 (9) a circuit court judge, nominated by the Chief

13 Justice of the Supreme Court;

14 (10) a prosecutor with experience managing or

15 directing a program in another state where the

16 implementation of that state's extreme risk protection

17 order law has achieved high rates of petition filings

18 nominated by the National District Attorneys Association;

19 ~~and~~

20 (11) an expert from law enforcement who has experience

21 managing or directing a program in another state where the

22 implementation of that state's extreme risk protection

23 order law has achieved high rates of petition filings

24 nominated by the Director of the Illinois State Police;

25 and

26 (12) a circuit court clerk, nominated by the President

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1 of the Illinois Association of Court Clerks.

2 (b) The Commission shall be chaired by the Director of the

3 Illinois State Police or his or her designee. The Commission

4 shall meet, either virtually or in person, to discuss the

5 implementation of the Firearms Restraining Order Act as

6 determined by the Commission while the strategies are being

7 established.

8 (c) The members of the Commission shall serve without

9 compensation and shall serve 3-year terms.

10 (d) An annual report shall be submitted to the General

11 Assembly by the Commission that may include summary

12 information about firearms restraining order use by county,

13 challenges to Firearms Restraining Order Act implementation,

14 and recommendations for increasing and improving

15 implementation.

16 (e) The Commission shall develop a model policy with an

17 overall framework for the timely relinquishment of firearms

18 whenever a firearms restraining order is issued. The model

19 policy shall be finalized within the first 4 months of

20 convening. In formulating the model policy, the Commission

21 shall consult counties in Illinois and other states with

22 extreme risk protection order laws which have achieved a high

23 rate of petition filings. Once approved, the Illinois State

24 Police shall work with their local law enforcement agencies

25 within their county to design a comprehensive strategy for the

26 timely relinquishment of firearms, using the model policy as

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1 an overall framework. Each individual agency may make small

2 modifications as needed to the model policy and must approve

3 and adopt a policy that aligns with the model policy. The

4 Illinois State Police shall convene local police chiefs and

5 sheriffs within their county as needed to discuss the

6 relinquishment of firearms.

7 (f) The Commission shall be dissolved June 1, 2025 (3

8 years after the effective date of Public Act 102-345).

9 (g) This Section is repealed June 1, 2026 (4 years after

10 the effective date of Public Act 102-345).

11 (Source: P.A. 102-345, eff. 6-1-22; 102-813, eff. 5-13-22.)

12 Section 7. The Illinois Procurement Code is amended by

13 changing Section 1-10 as follows:

14 (30 ILCS 500/1-10)

15 Sec. 1-10. Application.

16 (a) This Code applies only to procurements for which

17 bidders, offerors, potential contractors, or contractors were

18 first solicited on or after July 1, 1998. This Code shall not

19 be construed to affect or impair any contract, or any

20 provision of a contract, entered into based on a solicitation

21 prior to the implementation date of this Code as described in

22 Article 99, including, but not limited to, any covenant

23 entered into with respect to any revenue bonds or similar

24 instruments. All procurements for which contracts are

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1 solicited between the effective date of Articles 50 and 99 and

2 July 1, 1998 shall be substantially in accordance with this

3 Code and its intent.

4 (b) This Code shall apply regardless of the source of the

5 funds with which the contracts are paid, including federal

6 assistance moneys. This Code shall not apply to:

7 (1) Contracts between the State and its political

8 subdivisions or other governments, or between State

9 governmental bodies, except as specifically provided in

10 this Code.

11 (2) Grants, except for the filing requirements of

12 Section 20-80.

13 (3) Purchase of care, except as provided in Section

14 5-30.6 of the Illinois Public Aid Code and this Section.

15 (4) Hiring of an individual as an employee and not as

16 an independent contractor, whether pursuant to an

17 employment code or policy or by contract directly with

18 that individual.

19 (5) Collective bargaining contracts.

20 (6) Purchase of real estate, except that notice of

21 this type of contract with a value of more than $25,000

22 must be published in the Procurement Bulletin within 10

23 calendar days after the deed is recorded in the county of

24 jurisdiction. The notice shall identify the real estate

25 purchased, the names of all parties to the contract, the

26 value of the contract, and the effective date of the

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1 contract.

2 (7) Contracts necessary to prepare for anticipated

3 litigation, enforcement actions, or investigations,

4 provided that the chief legal counsel to the Governor

5 shall give his or her prior approval when the procuring

6 agency is one subject to the jurisdiction of the Governor,

7 and provided that the chief legal counsel of any other

8 procuring entity subject to this Code shall give his or

9 her prior approval when the procuring entity is not one

10 subject to the jurisdiction of the Governor.

11 (8) (Blank).

12 (9) Procurement expenditures by the Illinois

13 Conservation Foundation when only private funds are used.

14 (10) (Blank).

15 (11) Public-private agreements entered into according

16 to the procurement requirements of Section 20 of the

17 Public-Private Partnerships for Transportation Act and

18 design-build agreements entered into according to the

19 procurement requirements of Section 25 of the

20 Public-Private Partnerships for Transportation Act.

21 (12) (A) Contracts for legal, financial, and other

22 professional and artistic services entered into by the

23 Illinois Finance Authority in which the State of Illinois

24 is not obligated. Such contracts shall be awarded through

25 a competitive process authorized by the members of the

26 Illinois Finance Authority and are subject to Sections

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1 5-30, 20-160, 50-13, 50-20, 50-35, and 50-37 of this Code,

2 as well as the final approval by the members of the

3 Illinois Finance Authority of the terms of the contract.

4 (B) Contracts for legal and financial services entered

5 into by the Illinois Housing Development Authority in

6 connection with the issuance of bonds in which the State

7 of Illinois is not obligated. Such contracts shall be

8 awarded through a competitive process authorized by the

9 members of the Illinois Housing Development Authority and

10 are subject to Sections 5-30, 20-160, 50-13, 50-20, 50-35,

11 and 50-37 of this Code, as well as the final approval by

12 the members of the Illinois Housing Development Authority

13 of the terms of the contract.

14 (13) Contracts for services, commodities, and

15 equipment to support the delivery of timely forensic

16 science services in consultation with and subject to the

17 approval of the Chief Procurement Officer as provided in

18 subsection (d) of Section 5-4-3a of the Unified Code of

19 Corrections, except for the requirements of Sections

20 20-60, 20-65, 20-70, and 20-160 and Article 50 of this

21 Code; however, the Chief Procurement Officer may, in

22 writing with justification, waive any certification

23 required under Article 50 of this Code. For any contracts

24 for services which are currently provided by members of a

25 collective bargaining agreement, the applicable terms of

26 the collective bargaining agreement concerning

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1 subcontracting shall be followed.

2 On and after January 1, 2019, this paragraph (13),

3 except for this sentence, is inoperative.

4 (14) Contracts for participation expenditures required

5 by a domestic or international trade show or exhibition of

6 an exhibitor, member, or sponsor.

7 (15) Contracts with a railroad or utility that

8 requires the State to reimburse the railroad or utilities

9 for the relocation of utilities for construction or other

10 public purpose. Contracts included within this paragraph

11 (15) shall include, but not be limited to, those

12 associated with: relocations, crossings, installations,

13 and maintenance. For the purposes of this paragraph (15),

14 "railroad" means any form of non-highway ground

15 transportation that runs on rails or electromagnetic

16 guideways and "utility" means: (1) public utilities as

17 defined in Section 3-105 of the Public Utilities Act, (2)

18 telecommunications carriers as defined in Section 13-202

19 of the Public Utilities Act, (3) electric cooperatives as

20 defined in Section 3.4 of the Electric Supplier Act, (4)

21 telephone or telecommunications cooperatives as defined in

22 Section 13-212 of the Public Utilities Act, (5) rural

23 water or waste water systems with 10,000 connections or

24 less, (6) a holder as defined in Section 21-201 of the

25 Public Utilities Act, and (7) municipalities owning or

26 operating utility systems consisting of public utilities

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1 as that term is defined in Section 11-117-2 of the

2 Illinois Municipal Code.

3 (16) Procurement expenditures necessary for the

4 Department of Public Health to provide the delivery of

5 timely newborn screening services in accordance with the

6 Newborn Metabolic Screening Act.

7 (17) Procurement expenditures necessary for the

8 Department of Agriculture, the Department of Financial and

9 Professional Regulation, the Department of Human Services,

10 and the Department of Public Health to implement the

11 Compassionate Use of Medical Cannabis Program and Opioid

12 Alternative Pilot Program requirements and ensure access

13 to medical cannabis for patients with debilitating medical

14 conditions in accordance with the Compassionate Use of

15 Medical Cannabis Program Act.

16 (18) This Code does not apply to any procurements

17 necessary for the Department of Agriculture, the

18 Department of Financial and Professional Regulation, the

19 Department of Human Services, the Department of Commerce

20 and Economic Opportunity, and the Department of Public

21 Health to implement the Cannabis Regulation and Tax Act if

22 the applicable agency has made a good faith determination

23 that it is necessary and appropriate for the expenditure

24 to fall within this exemption and if the process is

25 conducted in a manner substantially in accordance with the

26 requirements of Sections 20-160, 25-60, 30-22, 50-5,

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1 50-10, 50-10.5, 50-12, 50-13, 50-15, 50-20, 50-21, 50-35,

2 50-36, 50-37, 50-38, and 50-50 of this Code; however, for

3 Section 50-35, compliance applies only to contracts or

4 subcontracts over $100,000. Notice of each contract

5 entered into under this paragraph (18) that is related to

6 the procurement of goods and services identified in

7 paragraph (1) through (9) of this subsection shall be

8 published in the Procurement Bulletin within 14 calendar

9 days after contract execution. The Chief Procurement

10 Officer shall prescribe the form and content of the

11 notice. Each agency shall provide the Chief Procurement

12 Officer, on a monthly basis, in the form and content

13 prescribed by the Chief Procurement Officer, a report of

14 contracts that are related to the procurement of goods and

15 services identified in this subsection. At a minimum, this

16 report shall include the name of the contractor, a

17 description of the supply or service provided, the total

18 amount of the contract, the term of the contract, and the

19 exception to this Code utilized. A copy of any or all of

20 these contracts shall be made available to the Chief

21 Procurement Officer immediately upon request. The Chief

22 Procurement Officer shall submit a report to the Governor

23 and General Assembly no later than November 1 of each year

24 that includes, at a minimum, an annual summary of the

25 monthly information reported to the Chief Procurement

26 Officer. This exemption becomes inoperative 5 years after

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1 June 25, 2019 (the effective date of Public Act 101-27).

2 (19) Acquisition of modifications or adjustments,

3 limited to assistive technology devices and assistive

4 technology services, adaptive equipment, repairs, and

5 replacement parts to provide reasonable accommodations (i)

6 that enable a qualified applicant with a disability to

7 complete the job application process and be considered for

8 the position such qualified applicant desires, (ii) that

9 modify or adjust the work environment to enable a

10 qualified current employee with a disability to perform

11 the essential functions of the position held by that

12 employee, (iii) to enable a qualified current employee

13 with a disability to enjoy equal benefits and privileges

14 of employment as are enjoyed by other similarly situated

15 employees without disabilities, and (iv) that allow a

16 customer, client, claimant, or member of the public

17 seeking State services full use and enjoyment of and

18 access to its programs, services, or benefits.

19 For purposes of this paragraph (19):

20 "Assistive technology devices" means any item, piece

21 of equipment, or product system, whether acquired

22 commercially off the shelf, modified, or customized, that

23 is used to increase, maintain, or improve functional

24 capabilities of individuals with disabilities.

25 "Assistive technology services" means any service that

26 directly assists an individual with a disability in

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1 selection, acquisition, or use of an assistive technology

2 device.

3 "Qualified" has the same meaning and use as provided

4 under the federal Americans with Disabilities Act when

5 describing an individual with a disability.

6 (20) Procurement expenditures necessary for the

7 Illinois Commerce Commission to hire third-party

8 facilitators pursuant to Sections 16-105.17 and 16-108.18

9 of the Public Utilities Act or an ombudsman pursuant to

10 Section 16-107.5 of the Public Utilities Act, a

11 facilitator pursuant to Section 16-105.17 of the Public

12 Utilities Act, or a grid auditor pursuant to Section

13 16-105.10 of the Public Utilities Act.

14 (21) Procurement expenditures for the purchase,

15 renewal, and expansion of software, software licenses, or

16 software maintenance agreements that support the efforts

17 of the Illinois State Police to enforce, regulate, and

18 administer the Firearm Owners Identification Card Act, the

19 Firearm Concealed Carry Act, the Firearms Restraining

20 Order Act, the Firearm Dealer License Certification Act,

21 the Law Enforcement Agencies Data System (LEADS), the

22 Uniform Crime Reporting Act, the Criminal Identification

23 Act, the Uniform Conviction Information Act, and the Gun

24 Trafficking Information Act, or establish or maintain

25 record management systems necessary to conduct human

26 trafficking investigations or gun trafficking or other

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1 stolen firearm investigations. This paragraph (21) applies

2 to contracts entered into on or after the effective date

3 of this amendatory Act of the 102nd General Assembly and

4 the renewal of contracts that are in effect on the

5 effective date of this amendatory Act of the 102nd General

6 Assembly.

7 Notwithstanding any other provision of law, for contracts

8 with an annual value of more than $100,000 entered into on or

9 after October 1, 2017 under an exemption provided in any

10 paragraph of this subsection (b), except paragraph (1), (2),

11 or (5), each State agency shall post to the appropriate

12 procurement bulletin the name of the contractor, a description

13 of the supply or service provided, the total amount of the

14 contract, the term of the contract, and the exception to the

15 Code utilized. The chief procurement officer shall submit a

16 report to the Governor and General Assembly no later than

17 November 1 of each year that shall include, at a minimum, an

18 annual summary of the monthly information reported to the

19 chief procurement officer.

20 (c) This Code does not apply to the electric power

21 procurement process provided for under Section 1-75 of the

22 Illinois Power Agency Act and Section 16-111.5 of the Public

23 Utilities Act.

24 (d) Except for Section 20-160 and Article 50 of this Code,

25 and as expressly required by Section 9.1 of the Illinois

26 Lottery Law, the provisions of this Code do not apply to the

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1 procurement process provided for under Section 9.1 of the

2 Illinois Lottery Law.

3 (e) This Code does not apply to the process used by the

4 Capital Development Board to retain a person or entity to

5 assist the Capital Development Board with its duties related

6 to the determination of costs of a clean coal SNG brownfield

7 facility, as defined by Section 1-10 of the Illinois Power

8 Agency Act, as required in subsection (h-3) of Section 9-220

9 of the Public Utilities Act, including calculating the range

10 of capital costs, the range of operating and maintenance

11 costs, or the sequestration costs or monitoring the

12 construction of clean coal SNG brownfield facility for the

13 full duration of construction.

14 (f) (Blank).

15 (g) (Blank).

16 (h) This Code does not apply to the process to procure or

17 contracts entered into in accordance with Sections 11-5.2 and

18 11-5.3 of the Illinois Public Aid Code.

19 (i) Each chief procurement officer may access records

20 necessary to review whether a contract, purchase, or other

21 expenditure is or is not subject to the provisions of this

22 Code, unless such records would be subject to attorney-client

23 privilege.

24 (j) This Code does not apply to the process used by the

25 Capital Development Board to retain an artist or work or works

26 of art as required in Section 14 of the Capital Development

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1 Board Act.

2 (k) This Code does not apply to the process to procure

3 contracts, or contracts entered into, by the State Board of

4 Elections or the State Electoral Board for hearing officers

5 appointed pursuant to the Election Code.

6 (l) This Code does not apply to the processes used by the

7 Illinois Student Assistance Commission to procure supplies and

8 services paid for from the private funds of the Illinois

9 Prepaid Tuition Fund. As used in this subsection (l), "private

10 funds" means funds derived from deposits paid into the

11 Illinois Prepaid Tuition Trust Fund and the earnings thereon.

12 (m) This Code shall apply regardless of the source of

13 funds with which contracts are paid, including federal

14 assistance moneys. Except as specifically provided in this

15 Code, this Code shall not apply to procurement expenditures

16 necessary for the Department of Public Health to conduct the

17 Healthy Illinois Survey in accordance with Section 2310-431 of

18 the Department of Public Health Powers and Duties Law of the

19 Civil Administrative Code of Illinois.

20 (Source: P.A. 101-27, eff. 6-25-19; 101-81, eff. 7-12-19;

21 101-363, eff. 8-9-19; 102-175, eff. 7-29-21; 102-483, eff

22 1-1-22; 102-558, eff. 8-20-21; 102-600, eff. 8-27-21; 102-662,

23 eff. 9-15-21; 102-721, eff. 1-1-23; 102-813, eff. 5-13-22.)

24 Section 10. The Firearm Owners Identification Card Act is

25 amended by changing Sections 2, 3, 4, and 8 and by adding

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1 Section 4.1 as follows:

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

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

4 exceptions.

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

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

7 possession a Firearm Owner's Identification Card previously

8 issued in his or her name by the Illinois State Police under

9 the provisions of this Act.

10 (2) No person may acquire or possess firearm ammunition

11 within this State without having in his or her possession a

12 Firearm Owner's Identification Card previously issued in his

13 or her name by the Illinois State Police under the provisions

14 of this Act.

15 (b) The provisions of this Section regarding the

16 possession of firearms, firearm ammunition, stun guns, and

17 tasers do not apply to:

18 (1) United States Marshals, while engaged in the

19 operation of their official duties;

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

21 or the National Guard, while engaged in the operation of

22 their official duties;

23 (3) Federal officials required to carry firearms,

24 while engaged in the operation of their official duties;

25 (4) Members of bona fide veterans organizations which

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1 receive firearms directly from the armed forces of the

2 United States, while using the firearms for ceremonial

3 purposes with blank ammunition;

4 (5) Nonresident hunters during hunting season, with

5 valid nonresident hunting licenses and while in an area

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

7 and in all other places these persons must have their

8 firearms unloaded and enclosed in a case;

9 (6) Those hunters exempt from obtaining a hunting

10 license who are required to submit their Firearm Owner's

11 Identification Card when hunting on Department of Natural

12 Resources owned or managed sites;

13 (7) Nonresidents while on a firing or shooting range

14 recognized by the Illinois State Police; however, these

15 persons must at all other times and in all other places

16 have their firearms unloaded and enclosed in a case;

17 (8) Nonresidents while at a firearm showing or display

18 recognized by the Illinois State Police; however, at all

19 other times and in all other places these persons must

20 have their firearms unloaded and enclosed in a case;

21 (9) Nonresidents whose firearms are unloaded and

22 enclosed in a case;

23 (10) Nonresidents who are currently licensed or

24 registered to possess a firearm in their resident state;

25 (11) Unemancipated minors while in the custody and

26 immediate control of their parent or legal guardian or

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

2 legal guardian or other person in loco parentis to the

3 minor has a currently valid Firearm Owner's Identification

4 Card;

5 (12) Color guards of bona fide veterans organizations

6 or members of bona fide American Legion bands while using

7 firearms for ceremonial purposes with blank ammunition;

8 (13) Nonresident hunters whose state of residence does

9 not require them to be licensed or registered to possess a

10 firearm and only during hunting season, with valid hunting

11 licenses, while accompanied by, and using a firearm owned

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

13 Identification Card and while in an area within a

14 commercial club licensed under the Wildlife Code where

15 hunting is permitted and controlled, but in no instance

16 upon sites owned or managed by the Department of Natural

17 Resources;

18 (14) Resident hunters who are properly authorized to

19 hunt and, while accompanied by a person who possesses a

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

21 within a commercial club licensed under the Wildlife Code

22 where hunting is permitted and controlled; and

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

24 Firearm Owner's Identification Card under this Act and is

25 under the direct supervision of a holder of a Firearm

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

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

2 is a participant in a firearms safety and training course

3 recognized by a law enforcement agency or a national,

4 statewide shooting sports organization~~; and~~

5 ~~(16) Competitive shooting athletes whose competition~~

6 ~~firearms are sanctioned by the International Olympic~~

7 ~~Committee, the International Paralympic Committee, the~~

8 ~~International Shooting Sport Federation, or USA Shooting~~

9 ~~in connection with such athletes' training for and~~

10 ~~participation in shooting competitions at the 2016 Olympic~~

11 ~~and Paralympic Games and sanctioned test events leading up~~

12 ~~to the 2016 Olympic and Paralympic Games~~.

13 (c) The provisions of this Section regarding the

14 acquisition and possession of firearms, firearm ammunition,

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

16 officials of this or any other jurisdiction, while engaged in

17 the operation of their official duties.

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

19 subsection (a) of this Section regarding the possession of

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

21 valid concealed carry license issued under the Firearm

22 Concealed Carry Act who is in physical possession of the

23 concealed carry license.

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

25 not otherwise prohibited from obtaining, possessing, or using

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

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1 a Firearm Owner's Identification Card to possess firearms or

2 firearms ammunition until 60 calendar days after he or she

3 obtains an Illinois driver's license or Illinois

4 Identification Card.

5 (Source: P.A. 102-538, eff. 8-20-21.)

6 (430 ILCS 65/3) (from Ch. 38, par. 83-3)

7 (Text of Section before amendment by P.A. 102-237)

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

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

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

11 this State unless the transferee with whom he deals displays

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

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

14 Illinois State Police under the provisions of this Act; or (2)

15 a currently valid license to carry a concealed firearm which

16 has previously been issued in his or her name by the Illinois

17 State Police under the Firearm Concealed Carry Act. In

18 addition, all firearm, stun gun, and taser transfers by

19 federally licensed firearm dealers are subject to Section 3.1.

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

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

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

23 transferring the firearm, request the Illinois State Police to

24 conduct a background check on the prospective recipient of the

25 firearm in accordance with Section 3.1.

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LRB102 24372 JDS 42553 a

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

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

3 dealer and who desires to transfer or sell a firearm or

4 firearms to any person who is not a federally licensed firearm

5 dealer shall, before selling or transferring the firearms,

6 contact a federal firearm license dealer under paragraph (1)

7 of subsection (a-15) of this Section to conduct the transfer

8 or the Illinois State Police with the transferee's or

9 purchaser's Firearm Owner's Identification Card number to

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

11 Firearm Owner's Identification Card under State and federal

12 law including the National Instant Criminal Background Check

13 System. This subsection shall not be effective until July 1,

14 2023. Until that date the transferor shall contact the

15 Illinois State Police with the transferee's or purchaser's

16 Firearm Owner's Identification Card number to determine the

17 validity of the card ~~January 1, 2014~~. The Illinois State

18 Police may adopt rules concerning the implementation of this

19 subsection. The Illinois State Police shall provide the seller

20 or transferor an approval number if the purchaser's Firearm

21 Owner's Identification Card is valid. Approvals issued by the

22 Illinois State Police for the purchase of a firearm pursuant

23 to this subsection are valid for 30 days from the date of

24 issue.

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

26 do not apply to:

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

2 federally licensed firearm dealer, if the federally

3 licensed firearm dealer conducts a background check on the

4 prospective recipient of the firearm in accordance with

5 Section 3.1 of this Act and follows all other applicable

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

7 seller or transferor of the firearm, although the dealer

8 is not required to accept the firearm into his or her

9 inventory. The purchaser or transferee may be required by

10 the federally licensed firearm dealer to pay a fee not to

11 exceed $25 ~~$10~~ per firearm, which the dealer may retain as

12 compensation for performing the functions required under

13 this paragraph, plus the applicable fees authorized by

14 Section 3.1;

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

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

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

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

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

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

21 (3) transfers by persons acting pursuant to operation

22 of law or a court order;

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

24 subsection (a-5) of this Section;

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

26 gunsmith for service or repair, the return of the firearm

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LRB102 24372 JDS 42553 a

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

2 by a gunsmith to a federally licensed firearms dealer for

3 service or repair and the return of the firearm to the

4 gunsmith;

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

6 of the unlicensed transferee, if the unlicensed transferee

7 is not otherwise prohibited from possessing firearms and

8 the unlicensed transferee reasonably believes that

9 possession of the firearm is necessary to prevent imminent

10 death or great bodily harm to the unlicensed transferee;

11 (7) transfers to a law enforcement or corrections

12 agency or a law enforcement or corrections officer acting

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

14 (8) transfers of firearms that have been rendered

15 permanently inoperable to a nonprofit historical society,

16 museum, or institutional collection; and

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

18 requirement of possessing a Firearm Owner's Identification

19 Card under Section 2 of this Act.

20 (a-20) The Illinois State Police shall develop an

21 Internet-based system for individuals to determine the

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

23 sale or transfer of a firearm. The Illinois State Police shall

24 have the Internet-based system updated ~~completed~~ and available

25 for use by January 1, 2024 ~~July 1, 2015~~. The Illinois State

26 Police shall adopt rules not inconsistent with this Section to

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1 implement this system; but no rule shall allow the Illinois

2 State Police to retain records in contravention of State and

3 federal law.

4 (a-25) On or before January 1, 2022, the Illinois State

5 Police shall develop an Internet-based system upon which the

6 serial numbers of firearms that have been reported stolen are

7 available for public access for individuals to ensure any

8 firearms are not reported stolen prior to the sale or transfer

9 of a firearm under this Section. The Illinois State Police

10 shall have the Internet-based system completed and available

11 for use by July 1, 2022. The Illinois State Police shall adopt

12 rules not inconsistent with this Section to implement this

13 system.

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

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

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

17 of transfer. Any person within this State who receives any

18 firearm, stun gun, or taser pursuant to subsection (a-10)

19 shall provide a record of the transfer within 10 days of the

20 transfer to a federally licensed firearm dealer and shall not

21 be required to maintain a transfer record. The federally

22 licensed firearm dealer shall maintain the transfer record for

23 20 years from the date of receipt. A federally licensed

24 firearm dealer may charge a fee not to exceed $25 to retain the

25 record. The record shall be provided and maintained in either

26 an electronic or paper format. The federally licensed firearm

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LRB102 24372 JDS 42553 a

1 dealer shall not be liable for the accuracy of any information

2 in the transfer record submitted pursuant to this Section.

3 Such records ~~record~~shall contain the date of the transfer;

4 the description, serial number or other information

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

6 number is available; and, if the transfer was completed within

7 this State, the transferee's Firearm Owner's Identification

8 Card number and any approval number or documentation provided

9 by the Illinois State Police pursuant to subsection (a-10) of

10 this Section; if the transfer was not completed within this

11 State, the record shall contain the name and address of the

12 transferee. On or after January 1, 2006, the record shall

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

14 On demand of a peace officer such transferor shall produce for

15 inspection such record of transfer. For any transfer pursuant

16 to subsection (a-10) of this Section, on the demand of a peace

17 officer, such transferee shall identify the federally licensed

18 firearm dealer maintaining the transfer record. If the

19 transfer or sale took place at a gun show, the record shall

20 include the unique identification number. Failure to record

21 the unique identification number or approval number is a petty

22 offense. For transfers of a firearm, stun gun, or taser made on

23 or after January 18, 2019 (the effective date of Public Act

24 100-1178), failure by the private seller to maintain the

25 transfer records in accordance with this Section , or failure

26 by a transferee pursuant to subsection a-10 of this Section to

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LRB102 24372 JDS 42553 a

1 identify the federally licensed firearm dealer maintaining the

2 transfer record, is a Class A misdemeanor for the first

3 offense and a Class 4 felony for a second or subsequent offense

4 occurring within 10 years of the first offense and the second

5 offense was committed after conviction of the first offense.

6 Whenever any person who has not previously been convicted of

7 any violation of subsection (a-5), the court may grant

8 supervision pursuant to and consistent with the limitations of

9 Section 5-6-1 of the Unified Code of Corrections. A transferee

10 or transferor shall not be criminally liable under this

11 Section provided that he or she provides the Illinois State

12 Police with the transfer records in accordance with procedures

13 established by the Illinois State Police. The Illinois State

14 Police shall establish, by rule, a standard form on its

15 website.

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

17 within or outside of Illinois if shipment is by United States

18 mail or by a private express carrier authorized by federal law

19 to ship ammunition. Any resident purchasing ammunition within

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

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

22 or valid concealed carry license and either his or her

23 Illinois driver's license or Illinois State Identification

24 Card prior to the shipment of the ammunition. The ammunition

25 may be shipped only to an address on either of those 2

26 documents.

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LRB102 24372 JDS 42553 a

1 (c) The provisions of this Section regarding the transfer

2 of firearm ammunition shall not apply to those persons

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

4 (Source: P.A. 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)

5 (Text of Section after amendment by P.A. 102-237)

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

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

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

9 this State unless the transferee with whom he deals displays

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

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

12 Illinois State Police under the provisions of this Act; or (2)

13 a currently valid license to carry a concealed firearm which

14 has previously been issued in his or her name by the Illinois

15 State Police under the Firearm Concealed Carry Act. In

16 addition, all firearm, stun gun, and taser transfers by

17 federally licensed firearm dealers are subject to Section 3.1.

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

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

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

21 transferring the firearm, request the Illinois State Police to

22 conduct a background check on the prospective recipient of the

23 firearm in accordance with Section 3.1.

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

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

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LRB102 24372 JDS 42553 a

1 dealer and who desires to transfer or sell a firearm or

2 firearms to any person who is not a federally licensed firearm

3 dealer shall, before selling or transferring the firearms,

4 contact a federal firearm license dealer under paragraph (1)

5 of subsection (a-15) of this Section to conduct the transfer

6 or the Illinois State Police with the transferee's or

7 purchaser's Firearm Owner's Identification Card number to

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

9 Firearm Owner's Identification Card under State and federal

10 law, including the National Instant Criminal Background Check

11 System. This subsection shall not be effective until July 1,

12 2023 ~~January 1, 2024~~. Until that date the transferor shall

13 contact the Illinois State Police with the transferee's or

14 purchaser's Firearm Owner's Identification Card number to

15 determine the validity of the card. The Illinois State Police

16 may adopt rules concerning the implementation of this

17 subsection. The Illinois State Police shall provide the seller

18 or transferor an approval number if the purchaser's Firearm

19 Owner's Identification Card is valid. Approvals issued by the

20 Illinois State Police for the purchase of a firearm pursuant

21 to this subsection are valid for 30 days from the date of

22 issue.

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

24 do not apply to:

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

26 federally licensed firearm dealer, if the federally

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1 licensed firearm dealer conducts a background check on the

2 prospective recipient of the firearm in accordance with

3 Section 3.1 of this Act and follows all other applicable

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

5 seller or transferor of the firearm, although the dealer

6 is not required to accept the firearm into his or her

7 inventory. The purchaser or transferee may be required by

8 the federally licensed firearm dealer to pay a fee not to

9 exceed $25 per firearm, which the dealer may retain as

10 compensation for performing the functions required under

11 this paragraph, plus the applicable fees authorized by

12 Section 3.1;

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

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

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

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

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

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

19 (3) transfers by persons acting pursuant to operation

20 of law or a court order;

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

22 subsection (a-5) of this Section;

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

24 gunsmith for service or repair, the return of the firearm

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

26 by a gunsmith to a federally licensed firearms dealer for

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LRB102 24372 JDS 42553 a

1 service or repair and the return of the firearm to the

2 gunsmith;

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

4 of the unlicensed transferee, if the unlicensed transferee

5 is not otherwise prohibited from possessing firearms and

6 the unlicensed transferee reasonably believes that

7 possession of the firearm is necessary to prevent imminent

8 death or great bodily harm to the unlicensed transferee;

9 (7) transfers to a law enforcement or corrections

10 agency or a law enforcement or corrections officer acting

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

12 (8) transfers of firearms that have been rendered

13 permanently inoperable to a nonprofit historical society,

14 museum, or institutional collection; and

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

16 requirement of possessing a Firearm Owner's Identification

17 Card under Section 2 of this Act.

18 (a-20) The Illinois State Police shall develop an

19 Internet-based system for individuals to determine the

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

21 sale or transfer of a firearm. The Illinois State Police shall

22 have the Internet-based system updated and available for use

23 by January 1, 2024. The Illinois State Police shall adopt

24 rules not inconsistent with this Section to implement this

25 system; but no rule shall allow the Illinois State Police to

26 retain records in contravention of State and federal law.

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LRB102 24372 JDS 42553 a

1 (a-25) On or before January 1, 2022, the Illinois State

2 Police shall develop an Internet-based system upon which the

3 serial numbers of firearms that have been reported stolen are

4 available for public access for individuals to ensure any

5 firearms are not reported stolen prior to the sale or transfer

6 of a firearm under this Section. The Illinois State Police

7 shall have the Internet-based system completed and available

8 for use by July 1, 2022. The Illinois State Police shall adopt

9 rules not inconsistent with this Section to implement this

10 system.

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

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

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

14 of transfer. Any person within this State who receives any

15 firearm, stun gun, or taser pursuant to subsection (a-10)

16 shall provide a record of the transfer within 10 days of the

17 transfer to a federally licensed firearm dealer and shall not

18 be required to maintain a transfer record. The federally

19 licensed firearm dealer shall maintain the transfer record for

20 20 years from the date of receipt. A federally licensed

21 firearm dealer may charge a fee not to exceed $25 to retain the

22 record. The record shall be provided and maintained in either

23 an electronic or paper format. The federally licensed firearm

24 dealer shall not be liable for the accuracy of any information

25 in the transfer record submitted pursuant to this Section.

26 Such records shall contain the date of the transfer; the

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LRB102 24372 JDS 42553 a

1 description, serial number or other information identifying

2 the firearm, stun gun, or taser if no serial number is

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

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

5 number and any approval number or documentation provided by

6 the Illinois State Police pursuant to subsection (a-10) of

7 this Section; if the transfer was not completed within this

8 State, the record shall contain the name and address of the

9 transferee. On or after January 1, 2006, the record shall

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

11 On demand of a peace officer such transferor shall produce for

12 inspection such record of transfer. For any transfer pursuant

13 to subsection (a-10) of this Section, on the demand of a peace

14 officer, such transferee shall identify the federally licensed

15 firearm dealer maintaining the transfer record. If the

16 transfer or sale took place at a gun show, the record shall

17 include the unique identification number. Failure to record

18 the unique identification number or approval number is a petty

19 offense. For transfers of a firearm, stun gun, or taser made on

20 or after January 18, 2019 (the effective date of Public Act

21 100-1178), failure by the private seller to maintain the

22 transfer records in accordance with this Section, or failure

23 by a transferee pursuant to subsection a-10 of this Section to

24 identify the federally licensed firearm dealer maintaining the

25 transfer record, is a Class A misdemeanor for the first

26 offense and a Class 4 felony for a second or subsequent offense

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LRB102 24372 JDS 42553 a

1 occurring within 10 years of the first offense and the second

2 offense was committed after conviction of the first offense.

3 Whenever any person who has not previously been convicted of

4 any violation of subsection (a-5), the court may grant

5 supervision pursuant to and consistent with the limitations of

6 Section 5-6-1 of the Unified Code of Corrections. A transferee

7 or transferor shall not be criminally liable under this

8 Section provided that he or she provides the Illinois State

9 Police with the transfer records in accordance with procedures

10 established by the Illinois State Police. The Illinois State

11 Police shall establish, by rule, a standard form on its

12 website.

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

14 within or outside of Illinois if shipment is by United States

15 mail or by a private express carrier authorized by federal law

16 to ship ammunition. Any resident purchasing ammunition within

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

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

19 or valid concealed carry license and either his or her

20 Illinois driver's license or Illinois State Identification

21 Card prior to the shipment of the ammunition. The ammunition

22 may be shipped only to an address on either of those 2

23 documents.

24 (c) The provisions of this Section regarding the transfer

25 of firearm ammunition shall not apply to those persons

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

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LRB102 24372 JDS 42553 a

1 (Source: P.A. 102-237, eff. 1-1-24; 102-538, eff. 8-20-21;

2 102-813, eff. 5-13-22.)

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

4 (Text of Section before amendment by P.A. 102-237)

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

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

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

8 this State unless the transferee with whom he deals displays

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

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

11 Illinois State Police under the provisions of this Act; or (2)

12 a currently valid license to carry a concealed firearm which

13 has previously been issued in his or her name by the Illinois

14 State Police under the Firearm Concealed Carry Act. In

15 addition, all firearm, stun gun, and taser transfers by

16 federally licensed firearm dealers are subject to Section 3.1.

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

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

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

20 transferring the firearm, request the Illinois State Police to

21 conduct a background check on the prospective recipient of the

22 firearm in accordance with Section 3.1.

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

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

25 dealer and who desires to transfer or sell a firearm or

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LRB102 24372 JDS 42553 a

1 firearms to any person who is not a federally licensed firearm

2 dealer shall, before selling or transferring the firearms,

3 contact the Illinois State Police with the transferee's or

4 purchaser's Firearm Owner's Identification Card number to

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

6 Firearm Owner's Identification Card. This subsection shall not

7 be effective until January 1, 2014. The Illinois State Police

8 may adopt rules concerning the implementation of this

9 subsection. The Illinois State Police shall provide the seller

10 or transferor an approval number if the purchaser's Firearm

11 Owner's Identification Card is valid. Approvals issued by the

12 Illinois State Police for the purchase of a firearm pursuant

13 to this subsection are valid for 30 days from the date of

14 issue.

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

16 do not apply to:

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

18 federally licensed firearm dealer, if the federally

19 licensed firearm dealer conducts a background check on the

20 prospective recipient of the firearm in accordance with

21 Section 3.1 of this Act and follows all other applicable

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

23 seller or transferor of the firearm, although the dealer

24 is not required to accept the firearm into his or her

25 inventory. The purchaser or transferee may be required by

26 the federally licensed firearm dealer to pay a fee not to

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LRB102 24372 JDS 42553 a

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

2 compensation for performing the functions required under

3 this paragraph, plus the applicable fees authorized by

4 Section 3.1;

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

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

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

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

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

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

11 (3) transfers by persons acting pursuant to operation

12 of law or a court order;

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

14 subsection (a-5) of this Section;

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

16 gunsmith for service or repair, the return of the firearm

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

18 by a gunsmith to a federally licensed firearms dealer for

19 service or repair and the return of the firearm to the

20 gunsmith;

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

22 of the unlicensed transferee, if the unlicensed transferee

23 is not otherwise prohibited from possessing firearms and

24 the unlicensed transferee reasonably believes that

25 possession of the firearm is necessary to prevent imminent

26 death or great bodily harm to the unlicensed transferee;

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LRB102 24372 JDS 42553 a

1 (7) transfers to a law enforcement or corrections

2 agency or a law enforcement or corrections officer acting

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

4 (8) transfers of firearms that have been rendered

5 permanently inoperable to a nonprofit historical society,

6 museum, or institutional collection; and

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

8 requirement of possessing a Firearm Owner's Identification

9 Card under Section 2 of this Act.

10 (a-20) The Illinois State Police shall develop an

11 Internet-based system for individuals to determine the

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

13 sale or transfer of a firearm. The Illinois State Police shall

14 have the Internet-based system completed and available for use

15 by July 1, 2015. The Illinois State Police shall adopt rules

16 not inconsistent with this Section to implement this system.

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

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

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

20 of transfer. Such record shall contain the date of the

21 transfer; the description, serial number or other information

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

23 number is available; and, if the transfer was completed within

24 this State, the transferee's Firearm Owner's Identification

25 Card number and any approval number or documentation provided

26 by the Illinois State Police pursuant to subsection (a-10) of

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LRB102 24372 JDS 42553 a

1 this Section; if the transfer was not completed within this

2 State, the record shall contain the name and address of the

3 transferee. On or after January 1, 2006, the record shall

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

5 On demand of a peace officer such transferor shall produce for

6 inspection such record of transfer. If the transfer or sale

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

8 identification number. Failure to record the unique

9 identification number or approval number is a petty offense.

10 For transfers of a firearm, stun gun, or taser made on or after

11 January 18, 2019 (the effective date of Public Act 100-1178),

12 failure by the private seller to maintain the transfer records

13 in accordance with this Section is a Class A misdemeanor for

14 the first offense and a Class 4 felony for a second or

15 subsequent offense. A transferee shall not be criminally

16 liable under this Section provided that he or she provides the

17 Illinois State Police with the transfer records in accordance

18 with procedures established by the Illinois State Police. The

19 Illinois State Police shall establish, by rule, a standard

20 form on its website.

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

22 within or outside of Illinois if shipment is by United States

23 mail or by a private express carrier authorized by federal law

24 to ship ammunition. Any resident purchasing ammunition within

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

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

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LRB102 24372 JDS 42553 a

1 or valid concealed carry license and either his or her

2 Illinois driver's license or Illinois State Identification

3 Card prior to the shipment of the ammunition. The ammunition

4 may be shipped only to an address on either of those 2

5 documents.

6 (c) The provisions of this Section regarding the transfer

7 of firearm ammunition shall not apply to those persons

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

9 (Source: P.A. 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)

10 (Text of Section after amendment by P.A. 102-237)

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

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

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

14 this State unless the transferee with whom he deals displays

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

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

17 Illinois State Police under the provisions of this Act; or (2)

18 a currently valid license to carry a concealed firearm which

19 has previously been issued in his or her name by the Illinois

20 State Police under the Firearm Concealed Carry Act. In

21 addition, all firearm, stun gun, and taser transfers by

22 federally licensed firearm dealers are subject to Section 3.1.

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

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

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

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LRB102 24372 JDS 42553 a

1 transferring the firearm, request the Illinois State Police to

2 conduct a background check on the prospective recipient of the

3 firearm in accordance with Section 3.1.

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

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

6 dealer and who desires to transfer or sell a firearm or

7 firearms to any person who is not a federally licensed firearm

8 dealer shall, before selling or transferring the firearms,

9 contact a federal firearm license dealer under paragraph (1)

10 of subsection (a-15) of this Section to conduct the transfer

11 or the Illinois State Police with the transferee's or

12 purchaser's Firearm Owner's Identification Card number to

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

14 Firearm Owner's Identification Card under State and federal

15 law, including the National Instant Criminal Background Check

16 System. This subsection shall not be effective until January

17 1, 2024. Until that date the transferor shall contact the

18 Illinois State Police with the transferee's or purchaser's

19 Firearm Owner's Identification Card number to determine the

20 validity of the card. The Illinois State Police may adopt

21 rules concerning the implementation of this subsection. The

22 Illinois State Police shall provide the seller or transferor

23 an approval number if the purchaser's Firearm Owner's

24 Identification Card is valid. Approvals issued by the Illinois

25 State Police for the purchase of a firearm pursuant to this

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

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

2 do not apply to:

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

4 federally licensed firearm dealer, if the federally

5 licensed firearm dealer conducts a background check on the

6 prospective recipient of the firearm in accordance with

7 Section 3.1 of this Act and follows all other applicable

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

9 seller or transferor of the firearm, although the dealer

10 is not required to accept the firearm into his or her

11 inventory. The purchaser or transferee may be required by

12 the federally licensed firearm dealer to pay a fee not to

13 exceed $25 per firearm, which the dealer may retain as

14 compensation for performing the functions required under

15 this paragraph, plus the applicable fees authorized by

16 Section 3.1;

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

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

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

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

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

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

23 (3) transfers by persons acting pursuant to operation

24 of law or a court order;

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

26 subsection (a-5) of this Section;

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

2 gunsmith for service or repair, the return of the firearm

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

4 by a gunsmith to a federally licensed firearms dealer for

5 service or repair and the return of the firearm to the

6 gunsmith;

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

8 of the unlicensed transferee, if the unlicensed transferee

9 is not otherwise prohibited from possessing firearms and

10 the unlicensed transferee reasonably believes that

11 possession of the firearm is necessary to prevent imminent

12 death or great bodily harm to the unlicensed transferee;

13 (7) transfers to a law enforcement or corrections

14 agency or a law enforcement or corrections officer acting

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

16 (8) transfers of firearms that have been rendered

17 permanently inoperable to a nonprofit historical society,

18 museum, or institutional collection; and

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

20 requirement of possessing a Firearm Owner's Identification

21 Card under Section 2 of this Act.

22 (a-20) The Illinois State Police shall develop an

23 Internet-based system for individuals to determine the

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

25 sale or transfer of a firearm. The Illinois State Police shall

26 have the Internet-based system updated and available for use

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1 by January 1, 2024. The Illinois State Police shall adopt

2 rules not inconsistent with this Section to implement this

3 system; but no rule shall allow the Illinois State Police to

4 retain records in contravention of State and federal law.

5 (a-25) On or before January 1, 2022, the Illinois State

6 Police shall develop an Internet-based system upon which the

7 serial numbers of firearms that have been reported stolen are

8 available for public access for individuals to ensure any

9 firearms are not reported stolen prior to the sale or transfer

10 of a firearm under this Section. The Illinois State Police

11 shall have the Internet-based system completed and available

12 for use by July 1, 2022. The Illinois State Police shall adopt

13 rules not inconsistent with this Section to implement this

14 system.

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

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

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

18 of transfer. Any person within this State who receives any

19 firearm, stun gun, or taser pursuant to subsection (a-10)

20 shall provide a record of the transfer within 10 days of the

21 transfer to a federally licensed firearm dealer and shall not

22 be required to maintain a transfer record. The federally

23 licensed firearm dealer shall maintain the transfer record for

24 20 years from the date of receipt. A federally licensed

25 firearm dealer may charge a fee not to exceed $25 to retain the

26 record. The record shall be provided and maintained in either

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1 an electronic or paper format. The federally licensed firearm

2 dealer shall not be liable for the accuracy of any information

3 in the transfer record submitted pursuant to this Section.

4 Such records shall contain the date of the transfer; the

5 description, serial number or other information identifying

6 the firearm, stun gun, or taser if no serial number is

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

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

9 number and any approval number or documentation provided by

10 the Illinois State Police pursuant to subsection (a-10) of

11 this Section; if the transfer was not completed within this

12 State, the record shall contain the name and address of the

13 transferee. On or after January 1, 2006, the record shall

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

15 On demand of a peace officer such transferor shall produce for

16 inspection such record of transfer. For any transfer pursuant

17 to subsection (a-10) of this Section, on the demand of a peace

18 officer, such transferee shall identify the federally licensed

19 firearm dealer maintaining the transfer record. If the

20 transfer or sale took place at a gun show, the record shall

21 include the unique identification number. Failure to record

22 the unique identification number or approval number is a petty

23 offense. For transfers of a firearm, stun gun, or taser made on

24 or after January 18, 2019 (the effective date of Public Act

25 100-1178), failure by the private seller to maintain the

26 transfer records in accordance with this Section, or failure

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1 by a transferee pursuant to subsection a-10 of this Section to

2 identify the federally licensed firearm dealer maintaining the

3 transfer record, is a Class A misdemeanor for the first

4 offense and a Class 4 felony for a second or subsequent offense

5 occurring within 10 years of the first offense and the second

6 offense was committed after conviction of the first offense.

7 Whenever any person who has not previously been convicted of

8 any violation of subsection (a-5), the court may grant

9 supervision pursuant to and consistent with the limitations of

10 Section 5-6-1 of the Unified Code of Corrections. A transferee

11 or transferor shall not be criminally liable under this

12 Section provided that he or she provides the Illinois State

13 Police with the transfer records in accordance with procedures

14 established by the Illinois State Police. The Illinois State

15 Police shall establish, by rule, a standard form on its

16 website.

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

18 within or outside of Illinois if shipment is by United States

19 mail or by a private express carrier authorized by federal law

20 to ship ammunition. Any resident purchasing ammunition within

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

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

23 or valid concealed carry license and either his or her

24 Illinois driver's license or Illinois State Identification

25 Card prior to the shipment of the ammunition. The ammunition

26 may be shipped only to an address on either of those 2

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1 documents.

2 (c) The provisions of this Section regarding the transfer

3 of firearm ammunition shall not apply to those persons

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

5 (Source: P.A. 102-237, eff. 1-1-24; 102-538, eff. 8-20-21;

6 102-813, eff. 5-13-22.)

7 (430 ILCS 65/4) (from Ch. 38, par. 83-4)

8 Sec. 4. Application for Firearm Owner's Identification

9 Cards.

10 (a) Each applicant for a Firearm Owner's Identification

11 Card must:

12 (1) Submit an application as made available by the

13 Illinois State Police; and

14 (2) Submit evidence to the Illinois State Police that:

15 (i) This subparagraph (i) applies through the

16 180th day following July 12, 2019 (the effective date

17 of Public Act 101-80). He or she is 21 years of age or

18 over, or if he or she is under 21 years of age that he

19 or she has the written consent of his or her parent or

20 legal guardian to possess and acquire firearms and

21 firearm ammunition and that he or she has never been

22 convicted of a misdemeanor other than a traffic

23 offense or adjudged delinquent, provided, however,

24 that such parent or legal guardian is not an

25 individual prohibited from having a Firearm Owner's

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1 Identification Card and files an affidavit with the

2 Department as prescribed by the Department stating

3 that he or she is not an individual prohibited from

4 having a Card;

5 (i-5) This subparagraph (i-5) applies on and after

6 the 181st day following July 12, 2019 (the effective

7 date of Public Act 101-80). He or she is 21 years of

8 age or over, or if he or she is under 21 years of age

9 that he or she has never been convicted of a

10 misdemeanor other than a traffic offense or adjudged

11 delinquent and is an active duty member of the United

12 States Armed Forces or the Illinois National Guard or

13 has the written consent of his or her parent or legal

14 guardian to possess and acquire firearms and firearm

15 ammunition, provided, however, that such parent or

16 legal guardian is not an individual prohibited from

17 having a Firearm Owner's Identification Card and files

18 an affidavit with the Illinois State Police as

19 prescribed by the Illinois State Police stating that

20 he or she is not an individual prohibited from having a

21 Card or the active duty member of the United States

22 Armed Forces or the Illinois National Guard under 21

23 years of age annually submits proof to the Illinois

24 State Police, in a manner prescribed by the Illinois

25 State Police;

26 (ii) He or she has not been convicted of a felony

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1 under the laws of this or any other jurisdiction;

2 (iii) He or she is not addicted to narcotics;

3 (iv) He or she has not been a patient in a mental

4 health facility within the past 5 years or, if he or

5 she has been a patient in a mental health facility more

6 than 5 years ago submit the certification required

7 under subsection (u) of Section 8 of this Act;

8 (v) He or she is not a person with an intellectual

9 disability;

10 (vi) He or she is not a noncitizen who is

11 unlawfully present in the United States under the laws

12 of the United States;

13 (vii) He or she is not subject to an existing order

14 of protection prohibiting him or her from possessing a

15 firearm;

16 (viii) He or she has not been convicted within the

17 past 5 years of battery, assault, aggravated assault,

18 violation of an order of protection, or a

19 substantially similar offense in another jurisdiction,

20 in which a firearm was used or possessed;

21 (ix) He or she has not been convicted of domestic

22 battery, aggravated domestic battery, or a

23 substantially similar offense in another jurisdiction

24 committed before, on or after January 1, 2012 (the

25 effective date of Public Act 97-158). If the applicant

26 knowingly and intelligently waives the right to have

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1 an offense described in this clause (ix) tried by a

2 jury, and by guilty plea or otherwise, results in a

3 conviction for an offense in which a domestic

4 relationship is not a required element of the offense

5 but in which a determination of the applicability of

6 18 U.S.C. 922(g)(9) is made under Section 112A-11.1 of

7 the Code of Criminal Procedure of 1963, an entry by the

8 court of a judgment of conviction for that offense

9 shall be grounds for denying the issuance of a Firearm

10 Owner's Identification Card under this Section;

11 (x) (Blank);

12 (xi) He or she is not a noncitizen who has been

13 admitted to the United States under a non-immigrant

14 visa (as that term is defined in Section 101(a)(26) of

15 the Immigration and Nationality Act (8 U.S.C.

16 1101(a)(26))), or that he or she is a noncitizen who

17 has been lawfully admitted to the United States under

18 a non-immigrant visa if that noncitizen is:

19 (1) admitted to the United States for lawful

20 hunting or sporting purposes;

21 (2) an official representative of a foreign

22 government who is:

23 (A) accredited to the United States

24 Government or the Government's mission to an

25 international organization having its

26 headquarters in the United States; or

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1 (B) en route to or from another country to

2 which that noncitizen is accredited;

3 (3) an official of a foreign government or

4 distinguished foreign visitor who has been so

5 designated by the Department of State;

6 (4) a foreign law enforcement officer of a

7 friendly foreign government entering the United

8 States on official business; or

9 (5) one who has received a waiver from the

10 Attorney General of the United States pursuant to

11 18 U.S.C. 922(y)(3);

12 (xii) He or she is not a minor subject to a

13 petition filed under Section 5-520 of the Juvenile

14 Court Act of 1987 alleging that the minor is a

15 delinquent minor for the commission of an offense that

16 if committed by an adult would be a felony;

17 (xiii) He or she is not an adult who had been

18 adjudicated a delinquent minor under the Juvenile

19 Court Act of 1987 for the commission of an offense that

20 if committed by an adult would be a felony;

21 (xiv) He or she is a resident of the State of

22 Illinois;

23 (xv) He or she has not been adjudicated as a person

24 with a mental disability;

25 (xvi) He or she has not been involuntarily

26 admitted into a mental health facility; and

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1 (xvii) He or she is not a person with a

2 developmental disability; and

3 (3) Upon request by the Illinois State Police, sign a

4 release on a form prescribed by the Illinois State Police

5 waiving any right to confidentiality and requesting the

6 disclosure to the Illinois State Police of limited mental

7 health institution admission information from another

8 state, the District of Columbia, any other territory of

9 the United States, or a foreign nation concerning the

10 applicant for the sole purpose of determining whether the

11 applicant is or was a patient in a mental health

12 institution and disqualified because of that status from

13 receiving a Firearm Owner's Identification Card. No mental

14 health care or treatment records may be requested. The

15 information received shall be destroyed within one year of

16 receipt.

17 (a-5) Each applicant for a Firearm Owner's Identification

18 Card who is over the age of 18 shall furnish to the Illinois

19 State Police either his or her Illinois driver's license

20 number or Illinois Identification Card number, except as

21 provided in subsection (a-10).

22 (a-10) Each applicant for a Firearm Owner's Identification

23 Card, who is employed as a law enforcement officer, an armed

24 security officer in Illinois, or by the United States Military

25 permanently assigned in Illinois and who is not an Illinois

26 resident, shall furnish to the Illinois State Police his or

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1 her driver's license number or state identification card

2 number from his or her state of residence. The Illinois State

3 Police may adopt rules to enforce the provisions of this

4 subsection (a-10).

5 (a-15) If an applicant applying for a Firearm Owner's

6 Identification Card moves from the residence address named in

7 the application, he or she shall immediately notify in a form

8 and manner prescribed by the Illinois State Police of that

9 change of address.

10 (a-20) Each applicant for a Firearm Owner's Identification

11 Card shall furnish to the Illinois State Police his or her

12 photograph. An applicant who is 21 years of age or older

13 seeking a religious exemption to the photograph requirement

14 must furnish with the application an approved copy of United

15 States Department of the Treasury Internal Revenue Service

16 Form 4029. In lieu of a photograph, an applicant regardless of

17 age seeking a religious exemption to the photograph

18 requirement shall submit fingerprints on a form and manner

19 prescribed by the Illinois State Police with his or her

20 application.

21 (a-25) Beginning January 1, 2023, each applicant for the

22 issuance of a Firearm Owner's Identification Card may include

23 a full set of his or her fingerprints in electronic format to

24 the Illinois State Police, unless the applicant has previously

25 provided a full set of his or her fingerprints to the Illinois

26 State Police under this Act or the Firearm Concealed Carry

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1 Act.

2 The fingerprints must be transmitted through a live scan

3 fingerprint vendor licensed by the Department of Financial and

4 Professional Regulation. The fingerprints shall be checked

5 against the fingerprint records now and hereafter filed in the

6 Illinois State Police and Federal Bureau of Investigation

7 criminal history records databases, including all available

8 State and local criminal history record information files.

9 The Illinois State Police shall charge applicants a

10 one-time fee for conducting the criminal history record check,

11 which shall be deposited into the State Police Services Fund

12 and shall not exceed the actual cost of the State and national

13 criminal history record check.

14 (a-26) The Illinois State Police shall research, explore,

15 and report to the General Assembly by January 1, 2022 on the

16 feasibility of permitting voluntarily submitted fingerprints

17 obtained for purposes other than Firearm Owner's

18 Identification Card enforcement that are contained in the

19 Illinois State Police database for purposes of this Act.

20 (b) Each application form shall include the following

21 statement printed in bold type: "Warning: Entering false

22 information on an application for a Firearm Owner's

23 Identification Card is punishable as a Class 2 felony in

24 accordance with subsection (d-5) of Section 14 of the Firearm

25 Owners Identification Card Act.".

26 (c) Upon such written consent, pursuant to Section 4,

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1 paragraph (a)(2)(i), the parent or legal guardian giving the

2 consent shall be liable for any damages resulting from the

3 applicant's use of firearms or firearm ammunition.

4 (Source: P.A. 101-80, eff. 7-12-19; 102-237, eff. 1-1-22;

5 102-538, eff. 8-20-21; 102-813, eff. 5-13-22; 102-1030, eff.

6 5-27-22.)

7 (430 ILCS 65/4.1 new)

8 Sec. 4.1. Assault weapon, .50 caliber rifle, assault

9 weapon attachment, or .50 caliber cartridge endorsement.

10 (a) The endorsement affidavit form completed pursuant to

11 Section 24-1.9 of the Criminal Code of 2012 must be executed

12 electronically through the individual's Firearm Owner's

13 Identification Card account.

14 (b) The Illinois State Police shall adopt rules in

15 accordance with this Section for the electronic submission of

16 an endorsement affidavit.

17 (c) Entering false information on the endorsement

18 affidavit form is a violation of this Act and is also

19 punishable as perjury under Section 32-2 of the Criminal Code

20 of 2012.

21 (430 ILCS 65/8) (from Ch. 38, par. 83-8)

22 Sec. 8. Grounds for denial and revocation. The Illinois

23 State Police has authority to deny an application for or to

24 revoke and seize a Firearm Owner's Identification Card

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1 previously issued under this Act only if the Illinois State

2 Police finds that the applicant or the person to whom such card

3 was issued is or was at the time of issuance:

4 (a) A person under 21 years of age who has been

5 convicted of a misdemeanor other than a traffic offense or

6 adjudged delinquent;

7 (b) This subsection (b) applies through the 180th day

8 following July 12, 2019 (the effective date of Public Act

9 101-80). A person under 21 years of age who does not have

10 the written consent of his parent or guardian to acquire

11 and possess firearms and firearm ammunition, or whose

12 parent or guardian has revoked such written consent, or

13 where such parent or guardian does not qualify to have a

14 Firearm Owner's Identification Card;

15 (b-5) This subsection (b-5) applies on and after the

16 181st day following July 12, 2019 (the effective date of

17 Public Act 101-80). A person under 21 years of age who is

18 not an active duty member of the United States Armed

19 Forces or the Illinois National Guard and does not have

20 the written consent of his or her parent or guardian to

21 acquire and possess firearms and firearm ammunition, or

22 whose parent or guardian has revoked such written consent,

23 or where such parent or guardian does not qualify to have a

24 Firearm Owner's Identification Card;

25 (c) A person convicted of a felony under the laws of

26 this or any other jurisdiction;

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1 (d) A person addicted to narcotics;

2 (e) A person who has been a patient of a mental health

3 facility within the past 5 years or a person who has been a

4 patient in a mental health facility more than 5 years ago

5 who has not received the certification required under

6 subsection (u) of this Section. An active law enforcement

7 officer employed by a unit of government or a Department

8 of Corrections employee authorized to possess firearms who

9 is denied, revoked, or has his or her Firearm Owner's

10 Identification Card seized under this subsection (e) may

11 obtain relief as described in subsection (c-5) of Section

12 10 of this Act if the officer or employee did not act in a

13 manner threatening to the officer or employee, another

14 person, or the public as determined by the treating

15 clinical psychologist or physician, and the officer or

16 employee seeks mental health treatment;

17 (f) A person whose mental condition is of such a

18 nature that it poses a clear and present danger to the

19 applicant, any other person or persons, or the community;

20 (g) A person who has an intellectual disability;

21 (h) A person who intentionally makes a false statement

22 in the Firearm Owner's Identification Card applicationor

23 endorsement affidavit;

24 (i) A noncitizen who is unlawfully present in the

25 United States under the laws of the United States;

26 (i-5) A noncitizen who has been admitted to the United

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1 States under a non-immigrant visa (as that term is defined

2 in Section 101(a)(26) of the Immigration and Nationality

3 Act (8 U.S.C. 1101(a)(26))), except that this subsection

4 (i-5) does not apply to any noncitizen who has been

5 lawfully admitted to the United States under a

6 non-immigrant visa if that noncitizen is:

7 (1) admitted to the United States for lawful

8 hunting or sporting purposes;

9 (2) an official representative of a foreign

10 government who is:

11 (A) accredited to the United States Government

12 or the Government's mission to an international

13 organization having its headquarters in the United

14 States; or

15 (B) en route to or from another country to

16 which that noncitizen is accredited;

17 (3) an official of a foreign government or

18 distinguished foreign visitor who has been so

19 designated by the Department of State;

20 (4) a foreign law enforcement officer of a

21 friendly foreign government entering the United States

22 on official business; or

23 (5) one who has received a waiver from the

24 Attorney General of the United States pursuant to 18

25 U.S.C. 922(y)(3);

26 (j) (Blank);

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1 (k) A person who has been convicted within the past 5

2 years of battery, assault, aggravated assault, violation

3 of an order of protection, or a substantially similar

4 offense in another jurisdiction, in which a firearm was

5 used or possessed;

6 (l) A person who has been convicted of domestic

7 battery, aggravated domestic battery, or a substantially

8 similar offense in another jurisdiction committed before,

9 on or after January 1, 2012 (the effective date of Public

10 Act 97-158). If the applicant or person who has been

11 previously issued a Firearm Owner's Identification Card

12 under this Act knowingly and intelligently waives the

13 right to have an offense described in this paragraph (l)

14 tried by a jury, and by guilty plea or otherwise, results

15 in a conviction for an offense in which a domestic

16 relationship is not a required element of the offense but

17 in which a determination of the applicability of 18 U.S.C.

18 922(g)(9) is made under Section 112A-11.1 of the Code of

19 Criminal Procedure of 1963, an entry by the court of a

20 judgment of conviction for that offense shall be grounds

21 for denying an application for and for revoking and

22 seizing a Firearm Owner's Identification Card previously

23 issued to the person under this Act;

24 (m) (Blank);

25 (n) A person who is prohibited from acquiring or

26 possessing firearms or firearm ammunition by any Illinois

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1 State statute or by federal law;

2 (o) A minor subject to a petition filed under Section

3 5-520 of the Juvenile Court Act of 1987 alleging that the

4 minor is a delinquent minor for the commission of an

5 offense that if committed by an adult would be a felony;

6 (p) An adult who had been adjudicated a delinquent

7 minor under the Juvenile Court Act of 1987 for the

8 commission of an offense that if committed by an adult

9 would be a felony;

10 (q) A person who is not a resident of the State of

11 Illinois, except as provided in subsection (a-10) of

12 Section 4;

13 (r) A person who has been adjudicated as a person with

14 a mental disability;

15 (s) A person who has been found to have a

16 developmental disability;

17 (t) A person involuntarily admitted into a mental

18 health facility; or

19 (u) A person who has had his or her Firearm Owner's

20 Identification Card revoked or denied under subsection (e)

21 of this Section or item (iv) of paragraph (2) of

22 subsection (a) of Section 4 of this Act because he or she

23 was a patient in a mental health facility as provided in

24 subsection (e) of this Section, shall not be permitted to

25 obtain a Firearm Owner's Identification Card, after the

26 5-year period has lapsed, unless he or she has received a

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1 mental health evaluation by a physician, clinical

2 psychologist, or qualified examiner as those terms are

3 defined in the Mental Health and Developmental

4 Disabilities Code, and has received a certification that

5 he or she is not a clear and present danger to himself,

6 herself, or others. The physician, clinical psychologist,

7 or qualified examiner making the certification and his or

8 her employer shall not be held criminally, civilly, or

9 professionally liable for making or not making the

10 certification required under this subsection, except for

11 willful or wanton misconduct. This subsection does not

12 apply to a person whose firearm possession rights have

13 been restored through administrative or judicial action

14 under Section 10 or 11 of this Act.

15 Upon revocation of a person's Firearm Owner's

16 Identification Card, the Illinois State Police shall provide

17 notice to the person and the person shall comply with Section

18 9.5 of this Act.

19 (Source: P.A. 101-80, eff. 7-12-19; 102-538, eff. 8-20-21;

20 102-645, eff. 1-1-22; 102-813, eff. 5-13-22; 102-1030, eff.

21 5-27-22.)

22 Section 15. The Firearms Restraining Order Act is amended

23 by changing Sections 40, 45, and 55 as follows:

24 (430 ILCS 67/40)

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1 Sec. 40. Plenary ~~Six-month~~orders.

2 (a) A petitioner may request a ~~6-month~~ firearms

3 restraining order for up to one year by filing an affidavit or

4 verified pleading alleging that the respondent poses a

5 significant danger of causing personal injury to himself,

6 herself, or another in the near future by having in his or her

7 custody or control, purchasing, possessing, or receiving a

8 firearm, ammunition, and firearm parts that could be assembled

9 to make an operable firearm. The petition shall also describe

10 the number, types, and locations of any firearms, ammunition,

11 and firearm parts that could be assembled to make an operable

12 firearm presently believed by the petitioner to be possessed

13 or controlled by the respondent.The firearms restraining

14 order may be renewed for an additional period of up to one year

15 in accordance with Section 45 of this Act.

16 (b) If the respondent is alleged to pose a significant

17 danger of causing personal injury to an intimate partner, or

18 an intimate partner is alleged to have been the target of a

19 threat or act of violence by the respondent, the petitioner

20 shall make a good faith effort to provide notice to any and all

21 intimate partners of the respondent. The notice must include

22 the duration of time that the petitioner intends to petition

23 the court for a ~~6-month~~ firearms restraining order, and, if

24 the petitioner is a law enforcement officer, referral to

25 relevant domestic violence or stalking advocacy or counseling

26 resources, if appropriate. The petitioner shall attest to

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1 having provided the notice in the filed affidavit or verified

2 pleading. If, after making a good faith effort, the petitioner

3 is unable to provide notice to any or all intimate partners,

4 the affidavit or verified pleading should describe what

5 efforts were made.

6 (c) Every person who files a petition for a plenary

7 ~~6-month~~ firearms restraining order, knowing the information

8 provided to the court at any hearing or in the affidavit or

9 verified pleading to be false, is guilty of perjury under

10 Section 32-2 of the Criminal Code of 2012.

11 (d) Upon receipt of a petition for a plenary ~~6-month~~

12 firearms restraining order, the court shall order a hearing

13 within 30 days.

14 (e) In determining whether to issue a firearms restraining

15 order under this Section, the court shall consider evidence

16 including, but not limited to, the following:

17 (1) The unlawful and reckless use, display, or

18 brandishing of a firearm, ammunition, and firearm parts

19 that could be assembled to make an operable firearm by the

20 respondent.

21 (2) The history of use, attempted use, or threatened

22 use of physical force by the respondent against another

23 person.

24 (3) Any prior arrest of the respondent for a felony

25 offense.

26 (4) Evidence of the abuse of controlled substances or

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1 alcohol by the respondent.

2 (5) A recent threat of violence or act of violence by

3 the respondent directed toward himself, herself, or

4 another.

5 (6) A violation of an emergency order of protection

6 issued under Section 217 of the Illinois Domestic Violence

7 Act of 1986 or Section 112A-17 of the Code of Criminal

8 Procedure of 1963 or of an order of protection issued

9 under Section 214 of the Illinois Domestic Violence Act of

10 1986 or Section 112A-14 of the Code of Criminal Procedure

11 of 1963.

12 (7) A pattern of violent acts or violent threats,

13 including, but not limited to, threats of violence or acts

14 of violence by the respondent directed toward himself,

15 herself, or another.

16 (f) At the hearing, the petitioner shall have the burden

17 of proving, by clear and convincing evidence, that the

18 respondent poses a significant danger of personal injury to

19 himself, herself, or another by having in his or her custody or

20 control, purchasing, possessing, or receiving a firearm,

21 ammunition, and firearm parts that could be assembled to make

22 an operable firearm.

23 (g) If the court finds that there is clear and convincing

24 evidence to issue a plenary firearms restraining order, the

25 court shall issue a firearms restraining order that shall be

26 in effect for up to one year, but not less than 6 months, ~~6~~

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1 ~~months~~ subject to renewal under Section 45 of this Act or

2 termination under that Section.

3 (g-5) If the court issues a plenary ~~6-month~~ firearms

4 restraining order, it shall, upon a finding of probable cause

5 that the respondent possesses firearms, ammunition, and

6 firearm parts that could be assembled to make an operable

7 firearm, issue a search warrant directing a law enforcement

8 agency to seize the respondent's firearms, ammunition, and

9 firearm parts that could be assembled to make an operable

10 firearm. The court may, as part of that warrant, direct the law

11 enforcement agency to search the respondent's residence and

12 other places where the court finds there is probable cause to

13 believe he or she is likely to possess the firearms,

14 ammunition, and firearm parts that could be assembled to make

15 an operable firearm. A return of the search warrant shall be

16 filed by the law enforcement agency within 4 days thereafter,

17 setting forth the time, date, and location that the search

18 warrant was executed and what items, if any, were seized.

19 (h) A plenary ~~6-month~~ firearms restraining order shall

20 require:

21 (1) the respondent to refrain from having in his or

22 her custody or control, purchasing, possessing, or

23 receiving additional firearms, ammunition, and firearm

24 parts that could be assembled to make an operable firearm

25 for the duration of the order under Section 8.2 of the

26 Firearm Owners Identification Card Act; and

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1 (2) the respondent to comply with Section 9.5 of the

2 Firearm Owners Identification Card Act and subsection (g)

3 of Section 70 of the Firearm Concealed Carry Act.

4 (i) Except as otherwise provided in subsection (i-5) of

5 this Section, upon expiration of the period of safekeeping, if

6 the firearms, ammunition, and firearm parts that could be

7 assembled to make an operable firearm or Firearm Owner's

8 Identification Card cannot be returned to the respondent

9 because the respondent cannot be located, fails to respond to

10 requests to retrieve the firearms, ammunition, and firearm

11 parts that could be assembled to make an operable firearm, or

12 is not lawfully eligible to possess a firearm, ammunition, and

13 firearm parts that could be assembled to make an operable

14 firearm, upon petition from the local law enforcement agency,

15 the court may order the local law enforcement agency to

16 destroy the firearms, ammunition, and firearm parts that could

17 be assembled to make an operable firearm, use the firearms,

18 ammunition, and firearm parts that could be assembled to make

19 an operable firearm for training purposes, or use the

20 firearms, ammunition, and firearm parts that could be

21 assembled to make an operable firearm for any other

22 application as deemed appropriate by the local law enforcement

23 agency.

24 (i-5) A respondent whose Firearm Owner's Identification

25 Card has been revoked or suspended may petition the court, if

26 the petitioner is present in court or has notice of the

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1 respondent's petition, to transfer the respondent's firearm,

2 ammunition, and firearm parts that could be assembled to make

3 an operable firearm to a person who is lawfully able to possess

4 the firearm, ammunition, and firearm parts that could be

5 assembled to make an operable firearm if the person does not

6 reside at the same address as the respondent. Notice of the

7 petition shall be served upon the person protected by the

8 emergency firearms restraining order. While the order is in

9 effect, the transferee who receives the respondent's firearms,

10 ammunition, and firearm parts that could be assembled to make

11 an operable firearm must swear or affirm by affidavit that he

12 or she shall not transfer the firearm, ammunition, and firearm

13 parts that could be assembled to make an operable firearm to

14 the respondent or to anyone residing in the same residence as

15 the respondent.

16 (i-6) If a person other than the respondent claims title

17 to any firearms, ammunition, and firearm parts that could be

18 assembled to make an operable firearm surrendered under this

19 Section, he or she may petition the court, if the petitioner is

20 present in court or has notice of the petition, to have the

21 firearm, ammunition, and firearm parts that could be assembled

22 to make an operable firearm returned to him or her. If the

23 court determines that person to be the lawful owner of the

24 firearm, ammunition, and firearm parts that could be assembled

25 to make an operable firearm, the firearm, ammunition, and

26 firearm parts that could be assembled to make an operable

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1 firearm shall be returned to him or her, provided that:

2 (1) the firearm, ammunition, and firearm parts that

3 could be assembled to make an operable firearm are removed

4 from the respondent's custody, control, or possession and

5 the lawful owner agrees to store the firearm, ammunition,

6 and firearm parts that could be assembled to make an

7 operable firearm in a manner such that the respondent does

8 not have access to or control of the firearm, ammunition,

9 and firearm parts that could be assembled to make an

10 operable firearm; and

11 (2) the firearm, ammunition, and firearm parts that

12 could be assembled to make an operable firearm are not

13 otherwise unlawfully possessed by the owner.

14 The person petitioning for the return of his or her

15 firearm, ammunition, and firearm parts that could be assembled

16 to make an operable firearm must swear or affirm by affidavit

17 that he or she: (i) is the lawful owner of the firearm,

18 ammunition, and firearm parts that could be assembled to make

19 an operable firearm; (ii) shall not transfer the firearm,

20 ammunition, and firearm parts that could be assembled to make

21 an operable firearm to the respondent; and (iii) will store

22 the firearm, ammunition, and firearm parts that could be

23 assembled to make an operable firearm in a manner that the

24 respondent does not have access to or control of the firearm,

25 ammunition, and firearm parts that could be assembled to make

26 an operable firearm.

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1 (j) If the court does not issue a firearms restraining

2 order at the hearing, the court shall dissolve any emergency

3 firearms restraining order then in effect.

4 (k) When the court issues a firearms restraining order

5 under this Section, the court shall inform the respondent that

6 he or she is entitled to one hearing during the period of the

7 order to request a termination of the order, under Section 45

8 of this Act, and shall provide the respondent with a form to

9 request a hearing.

10 (Source: P.A. 101-81, eff. 7-12-19; 102-237, eff. 1-1-22;

11 102-345, eff. 6-1-22; 102-538, eff. 8-20-21; 102-813, eff.

12 5-13-22.)

13 (430 ILCS 67/45)

14 Sec. 45. Termination and renewal.

15 (a) A person subject to a firearms restraining order

16 issued under this Act may submit one written request at any

17 time during the effective period of the order for a hearing to

18 terminate the order.

19 (1) The respondent shall have the burden of proving by

20 a preponderance of the evidence that the respondent does

21 not pose a danger of causing personal injury to himself,

22 herself, or another in the near future by having in his or

23 her custody or control, purchasing, possessing, or

24 receiving a firearm, ammunition, and firearm parts that

25 could be assembled to make an operable firearm.

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1 (2) If the court finds after the hearing that the

2 respondent has met his or her burden, the court shall

3 terminate the order.

4 (b) A petitioner may request a renewal of a firearms

5 restraining order at any time within the 3 months before the

6 expiration of a firearms restraining order.

7 (1) A court shall, after notice and a hearing, renew a

8 firearms restraining order issued under this part if the

9 petitioner proves, by clear and convincing evidence, that

10 the respondent continues to pose a danger of causing

11 personal injury to himself, herself, or another in the

12 near future by having in his or her custody or control,

13 purchasing, possessing, or receiving a firearm,

14 ammunition, and firearm parts that could be assembled to

15 make an operable firearm.

16 (2) In determining whether to renew a firearms

17 restraining order issued under this Act, the court shall

18 consider evidence of the facts identified in subsection

19 (e) of Section 40 of this Act and any other evidence of an

20 increased risk for violence.

21 (3) At the hearing, the petitioner shall have the

22 burden of proving by clear and convincing evidence that

23 the respondent continues to pose a danger of causing

24 personal injury to himself, herself, or another in the

25 near future by having in his or her custody or control,

26 purchasing, possessing, or receiving a firearm,

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1 ammunition, and firearm parts that could be assembled to

2 make an operable firearm.

3 (4) The renewal of a firearms restraining order issued

4 under this Section shall be in effect for up to one year

5 and may be renewed for an additional period of up to one

6 year ~~6 months~~, subject to termination by further order of

7 the court at a hearing held under this Section and further

8 renewal by further order of the court under this Section.

9 (Source: P.A. 101-81, eff. 7-12-19; 102-345, eff. 6-1-22.)

10 (430 ILCS 67/55)

11 Sec. 55. Data maintenance by law enforcement agencies.

12 (a) All sheriffs shall furnish to the Illinois State

13 Police, daily, in the form and detail the Illinois State

14 Police ~~Department~~ requires, copies of any recorded firearms

15 restraining orders issued by the court, and any foreign orders

16 of protection filed by the clerk of the court, and transmitted

17 to the sheriff by the clerk of the court under Section 50. Each

18 firearms restraining order shall be entered in the Law

19 Enforcement Agencies Data System (LEADS) on the same day it is

20 issued by the court. If an emergency firearms restraining

21 order was issued in accordance with Section 35 of this Act, the

22 order shall be entered in the Law Enforcement Agencies Data

23 System (LEADS) as soon as possible after receipt from the

24 clerk.

25 (b) The Illinois State Police shall maintain a complete

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1 and systematic record and index of all valid and recorded

2 firearms restraining orders issued or filed under this Act.

3 The data shall be used to inform all dispatchers and law

4 enforcement officers at the scene of a violation of a firearms

5 restraining order of the effective dates and terms of any

6 recorded order of protection.

7 (c) The data, records, and transmittals required under

8 this Section shall pertain to any valid emergency or plenary

9 ~~6-month~~ firearms restraining order, whether issued in a civil

10 or criminal proceeding or authorized under the laws of another

11 state, tribe, or United States territory.

12 (Source: P.A. 101-81, eff. 7-12-19; 102-538, eff. 8-20-21.)

13 Section 25. The Criminal Code of 2012 is amended by

14 changing Section 24-1 and by adding Sections 24-1.9 and

15 24-1.10 as follows:

16 (720 ILCS 5/24-1) (from Ch. 38, par. 24-1)

17 Sec. 24-1. Unlawful use of weapons.

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

19 weapons when he knowingly:

20 (1) Sells, manufactures, purchases, possesses or

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

22 sand-bag, metal knuckles or other knuckle weapon

23 regardless of its composition, throwing star, or any

24 knife, commonly referred to as a switchblade knife, which

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1 has a blade that opens automatically by hand pressure

2 applied to a button, spring or other device in the handle

3 of the knife, or a ballistic knife, which is a device that

4 propels a knifelike blade as a projectile by means of a

5 coil spring, elastic material or compressed gas; or

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

7 unlawfully against another, a dagger, dirk, billy,

8 dangerous knife, razor, stiletto, broken bottle or other

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

10 deadly weapon or instrument of like character; or

11 (2.5) Carries or possesses with intent to use the same

12 unlawfully against another, any firearm in a church,

13 synagogue, mosque, or other building, structure, or place

14 used for religious worship; or

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

16 tear gas gun projector or bomb or any object containing

17 noxious liquid gas or substance, other than an object

18 containing a non-lethal noxious liquid gas or substance

19 designed solely for personal defense carried by a person

20 18 years of age or older; or

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

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

23 own abode, legal dwelling, or fixed place of business, or

24 on the land or in the legal dwelling of another person as

25 an invitee with that person's permission, any pistol,

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

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

2 transportation of weapons that meet one of the following

3 conditions:

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

5 (ii) are not immediately accessible; or

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

7 carrying box, shipping box, or other container by a

8 person who has been issued a currently valid Firearm

9 Owner's Identification Card; or

10 (iv) are carried or possessed in accordance with

11 the Firearm Concealed Carry Act by a person who has

12 been issued a currently valid license under the

13 Firearm Concealed Carry Act; or

14 (5) Sets a spring gun; or

15 (6) Possesses any device or attachment of any kind

16 designed, used or intended for use in silencing the report

17 of any firearm; or

18 (7) Sells, manufactures, delivers, imports, purchases,

19 possesses or carries:

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

21 purposes of this subsection as any weapon, which

22 shoots, is designed to shoot, or can be readily

23 restored to shoot, automatically more than one shot

24 without manually reloading by a single function of the

25 trigger, including the frame or receiver of any such

26 weapon, or sells, manufactures, purchases, possesses,

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1 or carries any combination of parts designed or

2 intended for use in converting any weapon into a

3 machine gun, or any combination or parts from which a

4 machine gun can be assembled if such parts are in the

5 possession or under the control of a person;

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

7 than 16 inches in length or a shotgun having one or

8 more barrels less than 18 inches in length or any

9 weapon made from a rifle or shotgun, whether by

10 alteration, modification, or otherwise, if such a

11 weapon as modified has an overall length of less than

12 26 inches or any assault weapon or .50 caliber rifle in

13 violation of Section 24-1.9; or

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

15 other container containing an explosive substance of

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

17 not limited to, black powder bombs and Molotov

18 cocktails or artillery projectiles; or

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

20 taser or other deadly weapon in any place which is

21 licensed to sell intoxicating beverages, or at any public

22 gathering held pursuant to a license issued by any

23 governmental body or any public gathering at which an

24 admission is charged, excluding a place where a showing,

25 demonstration or lecture involving the exhibition of

26 unloaded firearms is conducted.

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

2 or raffle of a firearm held pursuant to a license or permit

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

4 persons engaged in firearm safety training courses; or

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

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

7 or firearm or ballistic knife, when he or she is hooded,

8 robed or masked in such manner as to conceal his or her

9 identity; or

10 (10) Carries or possesses on or about his or her

11 person, upon any public street, alley, or other public

12 lands within the corporate limits of a city, village, or

13 incorporated town, except when an invitee thereon or

14 therein, for the purpose of the display of such weapon or

15 the lawful commerce in weapons, or except when on his land

16 or in his or her own abode, legal dwelling, or fixed place

17 of business, or on the land or in the legal dwelling of

18 another person as an invitee with that person's

19 permission, any pistol, revolver, stun gun, or taser or

20 other firearm, except that this subsection (a) (10) does

21 not apply to or affect transportation of weapons that meet

22 one of the following conditions:

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

24 (ii) are not immediately accessible; or

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

26 carrying box, shipping box, or other container by a

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1 person who has been issued a currently valid Firearm

2 Owner's Identification Card; or

3 (iv) are carried or possessed in accordance with

4 the Firearm Concealed Carry Act by a person who has

5 been issued a currently valid license under the

6 Firearm Concealed Carry Act.

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

8 means (i) any device which is powered by electrical

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

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

11 hitting a human, can send out a current capable of

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

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

14 device which is powered by electrical charging units, such

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

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

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

18 to render him incapable of normal functioning; or

19 (11) Sells, manufactures, delivers, imports,

20 possesses, or purchases any assault weapon attachment or

21 .50 caliber cartridge in violation of Section 24-1.9 or

22 anyexplosive bullet. For purposes of this paragraph (a)

23 "explosive bullet" means the projectile portion of an

24 ammunition cartridge which contains or carries an

25 explosive charge which will explode upon contact with the

26 flesh of a human or an animal. "Cartridge" means a tubular

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1 metal case having a projectile affixed at the front

2 thereof and a cap or primer at the rear end thereof, with

3 the propellant contained in such tube between the

4 projectile and the cap; or

5 (12) (Blank); or

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

7 person while in a building occupied by a unit of

8 government, a billy club, other weapon of like character,

9 or other instrument of like character intended for use as

10 a weapon. For the purposes of this Section, "billy club"

11 means a short stick or club commonly carried by police

12 officers which is either telescopic or constructed of a

13 solid piece of wood or other man-made material; or

14 (14) Manufactures, possesses, sells, or offers to

15 sell, purchase, manufacture, import, transfer, or use any

16 device, part, kit, tool, accessory, or combination of

17 parts that is designed to and functions to increase the

18 rate of fire of a semiautomatic firearm above the standard

19 rate of fire for semiautomatic firearms that is not

20 equipped with that device, part, or combination of parts.

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

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

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

24 Class A misdemeanor. A person convicted of a violation of

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

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

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

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

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

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

5 weapon is possessed in the passenger compartment of a motor

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

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

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

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

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

11 felony. A person convicted of a violation of subsection

12 24-1(a)(2.5) or 24-1(a)(14) commits a Class 2 felony. The

13 possession of each weapon or device in violation of this

14 Section constitutes a single and separate violation.

15 (c) Violations in specific places.

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

17 24-1(a)(7) in any school, regardless of the time of day or

18 the time of year, in residential property owned, operated

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

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

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

22 real property comprising any school, regardless of the

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

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

25 leased by a public housing agency as part of a scattered

26 site or mixed-income development, on the real property

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1 comprising any public park, on the real property

2 comprising any courthouse, in any conveyance owned, leased

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

4 school or a school related activity, in any conveyance

5 owned, leased, or contracted by a public transportation

6 agency, or on any public way within 1,000 feet of the real

7 property comprising any school, public park, courthouse,

8 public transportation facility, or residential property

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

10 leased by a public housing agency as part of a scattered

11 site or mixed-income development commits a Class 2 felony

12 and shall be sentenced to a term of imprisonment of not

13 less than 3 years and not more than 7 years.

14 (1.5) A person who violates subsection 24-1(a)(4),

15 24-1(a)(9), or 24-1(a)(10) in any school, regardless of

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

17 property owned, operated, or managed by a public housing

18 agency or leased by a public housing agency as part of a

19 scattered site or mixed-income development, in a public

20 park, in a courthouse, on the real property comprising any

21 school, regardless of the time of day or the time of year,

22 on residential property owned, operated, or managed by a

23 public housing agency or leased by a public housing agency

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

25 on the real property comprising any public park, on the

26 real property comprising any courthouse, in any conveyance

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1 owned, leased, or contracted by a school to transport

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

3 in any conveyance owned, leased, or contracted by a public

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

5 feet of the real property comprising any school, public

6 park, courthouse, public transportation facility, or

7 residential property owned, operated, or managed by a

8 public housing agency or leased by a public housing agency

9 as part of a scattered site or mixed-income development

10 commits a Class 3 felony.

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

12 24-1(a)(2), or 24-1(a)(3) in any school, regardless of the

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

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

15 leased by a public housing agency as part of a scattered

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

17 courthouse, on the real property comprising any school,

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

19 residential property owned, operated or managed by a

20 public housing agency or leased by a public housing agency

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

22 on the real property comprising any public park, on the

23 real property comprising any courthouse, in any conveyance

24 owned, leased or contracted by a school to transport

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

26 in any conveyance owned, leased, or contracted by a public

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

2 feet of the real property comprising any school, public

3 park, courthouse, public transportation facility, or

4 residential property owned, operated, or managed by a

5 public housing agency or leased by a public housing agency

6 as part of a scattered site or mixed-income development

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

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

9 of this State for the conduct of official business.

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

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

12 security officers of such school, college, or university

13 or to students carrying or possessing firearms for use in

14 training courses, parades, hunting, target shooting on

15 school ranges, or otherwise with the consent of school

16 authorities and which firearms are transported unloaded

17 enclosed in a suitable case, box, or transportation

18 package.

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

20 means any public or private elementary or secondary

21 school, community college, college, or university.

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

23 transportation agency" means a public or private agency

24 that provides for the transportation or conveyance of

25 persons by means available to the general public, except

26 for transportation by automobiles not used for conveyance

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1 of the general public as passengers; and "public

2 transportation facility" means a terminal or other place

3 where one may obtain public transportation.

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

5 omnibus of any weapon, instrument or substance referred to in

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

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

8 such automobile at the time such weapon, instrument or

9 substance is found, except under the following circumstances:

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

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

12 such weapon, instrument or substance is found in an automobile

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

14 and proper pursuit of his or her trade, then such presumption

15 shall not apply to the driver.

16 (e) Exemptions.

17 (1) Crossbows, Common or Compound bows and Underwater

18 Spearguns are exempted from the definition of ballistic

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

20 this Section.

21 (2) The provision of paragraph (1) of subsection (a)

22 of this Section prohibiting the sale, manufacture,

23 purchase, possession, or carrying of any knife, commonly

24 referred to as a switchblade knife, which has a blade that

25 opens automatically by hand pressure applied to a button,

26 spring or other device in the handle of the knife, does not

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1 apply to a person who possesses a currently valid Firearm

2 Owner's Identification Card previously issued in his or

3 her name by the Illinois State Police or to a person or an

4 entity engaged in the business of selling or manufacturing

5 switchblade knives.

6 (Source: P.A. 101-223, eff. 1-1-20; 102-538, eff. 8-20-21.)

7 (720 ILCS 5/24-1.9 new)

8 Sec. 24-1.9. Manufacture, possession, delivery, sale, and

9 purchase of assault weapons, .50 caliber rifles, and .50

10 caliber cartridges.

11 (a) Definitions. In this Section:

12 (1) "Assault weapon" means any of the following, except as

13 provided in subdivision (2) of this subsection:

14 (A) A semiautomatic rifle that has the capacity to

15 accept a detachable magazine or that may be readily

16 modified to accept a detachable magazine, if the firearm

17 has one or more of the following:

18 (i) a pistol grip or thumbhole stock;

19 (ii) any feature capable of functioning as a

20 protruding grip that can be held by the non-trigger

21 hand;

22 (iii) a folding, telescoping, thumbhole, or

23 detachable stock, or a stock that is otherwise

24 foldable or adjustable in a manner that operates to

25 reduce the length, size, or any other dimension, or

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1 otherwise enhances the concealability of, the weapon;

2 (iv) a flash suppressor;

3 (v) a grenade launcher;

4 (vi) a shroud attached to the barrel or that

5 partially or completely encircles the barrel, allowing

6 the bearer to hold the firearm with the non-trigger

7 hand without being burned, but excluding a slide that

8 encloses the barrel.

9 (B) A semiautomatic rifle that has a fixed magazine

10 with the capacity to accept more than 10 rounds, except

11 for an attached tubular device designed to accept, and

12 capable of operating only with, .22 caliber rimfire

13 ammunition.

14 (C) A semiautomatic pistol that has the capacity to

15 accept a detachable magazine or that may be readily

16 modified to accept a detachable magazine, if the firearm

17 has one or more of the following:

18 (i) a threaded barrel;

19 (ii) a second pistol grip or another feature

20 capable of functioning as a protruding grip that can

21 be held by the non-trigger hand;

22 (iii) a shroud attached to the barrel or that

23 partially or completely encircles the barrel, allowing

24 the bearer to hold the firearm with the non-trigger

25 hand without being burned, but excluding a slide that

26 encloses the barrel;

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1 (iv) a flash suppressor;

2 (v) the capacity to accept a detachable magazine

3 at some location outside of the pistol grip;

4 (vi) a manufactured weight of 50 ounces or more

5 when unloaded; or

6 (vii) a buffer tube, arm brace, or other part that

7 protrudes horizontally behind the pistol grip and is

8 designed or redesigned to allow or facilitate a

9 firearm to be fired from the shoulder.

10 (D) A semiautomatic pistol that has a fixed magazine

11 with the capacity to accept more than 15 rounds.

12 (E) Any shotgun with a revolving cylinder.

13 (F) A semiautomatic shotgun that has one or more of

14 the following:

15 (i) a pistol grip or thumbhole stock;

16 (ii) any feature capable of functioning as a

17 protruding grip that can be held by the non-trigger

18 hand;

19 (iii) a folding, telescoping, or thumbhole stock;

20 (iv) a grenade launcher;

21 (v) a fixed magazine with the capacity to accept

22 or may be readily modified to accept more than five

23 rounds; or

24 (vi) the capacity to accept a detachable magazine.

25 (G) Any semiautomatic firearm that has the capacity to

26 accept a belt ammunition feeding device.

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1 (H) Any firearm that has been modified to be operable

2 as an assault weapon as defined in this Section.

3 (I) Any part or combination of parts designed or

4 intended to convert a firearm into an assault weapon,

5 including any combination of parts from which an assault

6 weapon may be readily assembled if those parts are in the

7 possession or under the control of the same person.

8 (J) All of the following rifles, copies, duplicates,

9 variants, or altered facsimiles with the capability of any

10 such weapon:

11 (i) All AK types, including the following:

12 (I) AK, AK47, AK47S, AK�74, AKM, AKS, ARM,

13 MAK90, MISR, NHM90, NHM91, SA85, SA93, Vector Arms

14 AK�47, VEPR, WASR�10, and WUM.

15 (II) IZHMASH Saiga AK.

16 (III) MAADI AK47 and ARM.

17 (IV) Norinco 56S, 56S2, 84S, and 86S.

18 (V) Poly Technologies AK47 and AKS.

19 (VI) SKS with a detachable magazine.

20 (ii) all AR types, including the following:

21 (I) AR�10.

22 (II) AR�15.

23 (III) Alexander Arms Overmatch Plus 16.

24 (IV) Armalite M15 22LR Carbine.

25 (V) Armalite M15�T.

26 (VI) Barrett REC7.

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1 (VII) Beretta AR�70.

2 (VIII) Black Rain Ordnance Recon Scout.

3 (IX) Bushmaster ACR.

4 (X) Bushmaster Carbon 15.

5 (XI) Bushmaster MOE series.

6 (XII) Bushmaster XM15.

7 (XIII) Chiappa Firearms MFour rifles.

8 (XIV) Colt Match Target rifles.

9 (XV) CORE Rifle Systems CORE15 rifles.

10 (XVI) Daniel Defense M4A1 rifles.

11 (XVII) Devil Dog Arms 15 Series rifles.

12 (XVIII) Diamondback DB15 rifles.

13 (XIX) DoubleStar AR rifles.

14 (XX) DPMS Tactical rifles.

15 (XXI) DSA Inc. ZM�4 Carbine.

16 (XXII) Heckler & Koch MR556.

17 (XXIII) High Standard HSA�15 rifles.

18 (XXIV) Jesse James Nomad AR�15 rifle.

19 (XXV) Knight�s Armament SR�15.

20 (XXVI) Lancer L15 rifles.

21 (XXVII) MGI Hydra Series rifles.

22 (XXVIII) Mossberg MMR Tactical rifles.

23 (XXIX) Noreen Firearms BN 36 rifle.

24 (XXX) Olympic Arms.

25 (XXXI) POF USA P415.

26 (XXXII) Precision Firearms AR rifles.

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1 (XXXIII) Remington R�15 rifles.

2 (XXXIV) Rhino Arms AR rifles.

3 (XXXV) Rock River Arms LAR�15 or Rock River

4 Arms LAR�47.

5 (XXXVI) Sig Sauer SIG516 rifles and MCX

6 rifles.

7 (XXXVII) Smith & Wesson M&P15 rifles.

8 (XXXVIII) Stag Arms AR rifles.

9 (XXXIX) Sturm, Ruger & Co. SR556 and AR�556

10 rifles.

11 (XL) Uselton Arms Air-Lite M�4 rifles.

12 (XLI) Windham Weaponry AR rifles.

13 (XLII) WMD Guns Big Beast.

14 (XLIII) Yankee Hill Machine Company, Inc.

15 YHM�15 rifles.

16 (iii) Barrett M107A1.

17 (iv) Barrett M82A1.

18 (v) Beretta CX4 Storm.

19 (vi) Calico Liberty Series.

20 (vii) CETME Sporter.

21 (viii) Daewoo K�1, K�2, Max 1, Max 2, AR 100, and

22 AR 110C.

23 (ix) Fabrique Nationale/FN Herstal FAL, LAR, 22

24 FNC, 308 Match, L1A1 Sporter, PS90, SCAR, and FS2000.

25 (x) Feather Industries AT�9.

26 (xi) Galil Model AR and Model ARM.

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1 (xii) Hi-Point Carbine.

2 (xiii) HK�91, HK�93, HK�94, HK�PSG�1, and HK USC.

3 (xiv) IWI TAVOR, Galil ACE rifle.

4 (xv) Kel-Tec Sub-2000, SU�16, and RFB.

5 (xvi) SIG AMT, SIG PE�57, Sig Sauer SG 550, Sig

6 Sauer SG 551, and SIG MCX.

7 (xvii) Springfield Armory SAR�48.

8 (xviii) Steyr AUG.

9 (xix) Sturm, Ruger & Co. Mini-14 Tactical Rifle

10 M�14/20CF.

11 (xx) All Thompson rifles, including the following:

12 (I) Thompson M1SB.

13 (II) Thompson T1100D.

14 (III) Thompson T150D.

15 (IV) Thompson T1B.

16 (V) Thompson T1B100D.

17 (VI) Thompson T1B50D.

18 (VII) Thompson T1BSB.

19 (VIII) Thompson T1�C.

20 (IX) Thompson T1D.

21 (X) Thompson T1SB.

22 (XI) Thompson T5.

23 (XII) Thompson T5100D.

24 (XIII) Thompson TM1.

25 (XIV) Thompson TM1C.

26 (xxi) UMAREX UZI rifle.

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LRB102 24372 JDS 42553 a

1 (xxii) UZI Mini Carbine, UZI Model A Carbine, and

2 UZI Model B Carbine.

3 (xxiii) Valmet M62S, M71S, and M78.

4 (xxiv) Vector Arms UZI Type.

5 (xxv) Weaver Arms Nighthawk.

6 (xxvi) Wilkinson Arms Linda Carbine.

7 (K) All of the following pistols, copies, duplicates,

8 variants, or altered facsimiles with the capability of any

9 such weapon thereof:

10 (i) All AK types, including the following:

11 (I) Centurion 39 AK pistol.

12 (II) CZ Scorpion pistol.

13 (III) Draco AK�47 pistol.

14 (IV) HCR AK�47 pistol.

15 (V) IO Inc. Hellpup AK�47 pistol.

16 (VI) Krinkov pistol.

17 (VII) Mini Draco AK�47 pistol.

18 (VIII) PAP M92 pistol.

19 (IX) Yugo Krebs Krink pistol.

20 (ii) All AR types, including the following:

21 (I) American Spirit AR�15 pistol.

22 (II) Bushmaster Carbon 15 pistol.

23 (III) Chiappa Firearms M4 Pistol GEN II.

24 (IV) CORE Rifle Systems CORE15 Roscoe pistol.

25 (V) Daniel Defense MK18 pistol.

26 (VI) DoubleStar Corporation AR pistol.

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1 (VII) DPMS AR�15 pistol.

2 (VIII) Jesse James Nomad AR�15 pistol.

3 (IX) Olympic Arms AR�15 pistol.

4 (X) Osprey Armament MK�18 pistol.

5 (XI) POF USA AR pistols.

6 (XII) Rock River Arms LAR 15 pistol.

7 (XIII) Uselton Arms Air-Lite M�4 pistol.

8 (iii) Calico pistols.

9 (iv) DSA SA58 PKP FAL pistol.

10 (v) Encom MP�9 and MP�45.

11 (vi) Heckler & Koch model SP�89 pistol.

12 (vii) Intratec AB�10, TEC�22 Scorpion, TEC�9, and

13 TEC�DC9.

14 (viii) IWI Galil Ace pistol, UZI PRO pistol.

15 (ix) Kel-Tec PLR 16 pistol.

16 (x) All MAC types, including the following:

17 (I) MAC�10.

18 (II) MAC�11.

19 (III) Masterpiece Arms MPA A930 Mini Pistol,

20 MPA460 Pistol, MPA Tactical Pistol, and MPA Mini

21 Tactical Pistol.

22 (IV) Military Armament Corp. Ingram M�11.

23 (V) Velocity Arms VMAC.

24 (xi) Sig Sauer P556 pistol.

25 (xii) Sites Spectre.

26 (xiii) All Thompson types, including the

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1 following:

2 (I) Thompson TA510D.

3 (II) Thompson TA5.

4 (xiv) All UZI types, including Micro-UZI.

5 (L) All of the following pistols, copies, duplicates,

6 All of the following shotguns, copies, duplicates,

7 variants, or altered facsimiles with the capability of any

8 such weapon thereof:

9 (i) DERYA Anakon MC�1980, Anakon SD12.

10 (ii) Doruk Lethal shotguns.

11 (iii) Franchi LAW�12 and SPAS 12.

12 (iv) All IZHMASH Saiga 12 types, including the

13 following:

14 (I) IZHMASH Saiga 12.

15 (II) IZHMASH Saiga 12S.

16 (III) IZHMASH Saiga 12S EXP�01.

17 (IV) IZHMASH Saiga 12K.

18 (V) IZHMASH Saiga 12K�030.

19 (VI) IZHMASH Saiga 12K�040 Taktika.

20 (v) Streetsweeper.

21 (vi) Striker 12.

22 (2) "Assault weapon" does not include:

23 (A) Any firearm that is an unserviceable firearm or

24 has been made permanently inoperable.

25 (B) An antique firearm or a replica of an antique

26 firearm.

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1 (C) A firearm that is manually operated by bolt, pump,

2 lever or slide action, unless the firearm is a shotgun

3 with a revolving cylinder.

4 (D) Any air rifle as defined in Section 24.8-0.1 of

5 this Code.

6 (3) "Assault weapon attachment" means any device capable

7 of being attached to a firearm that is specifically designed

8 for making or converting a firearm into any of the firearms

9 listed in paragraph (1) of this subsection (a).

10 (4) "Antique firearm" has the meaning ascribed to it in 18

11 U.S.C. 921(a)(16).

12 (5) ".50 caliber rifle" means a centerfire rifle capable

13 of firing a .50 caliber cartridge. The term does not include

14 any antique firearm, any shotgun including a shotgun that has

15 a rifle barrel, or any muzzle-loader which uses black powder

16 for hunting or historical reenactments.

17 (6) ".50 caliber cartridge" means a cartridge in .50 BMG

18 caliber, either by designation or actual measurement, that is

19 capable of being fired from a centerfire rifle. The term ".50

20 caliber cartridge" does not include any memorabilia or display

21 item that is filled with a permanent inert substance or that is

22 otherwise permanently altered in a manner that prevents ready

23 modification for use as live ammunition or shotgun ammunition

24 with a caliber measurement that is equal to or greater than .50

25 caliber.

26 (7) "Detachable magazine" means an ammunition feeding

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1 device that may be removed from a firearm without disassembly

2 of the firearm action, including an ammunition feeding device

3 that may be readily removed from a firearm with the use of a

4 bullet, cartridge, accessory, or other tool, or any other

5 object that functions as a tool.

6 (8) "Fixed magazine" means an ammunition feeding device

7 that is permanently attached to a firearm, or contained in and

8 not removable from a firearm, or that is otherwise not a

9 detachable magazine, but does not include an attached tubular

10 device designed to accept, and capable of operating only with,

11 .22 caliber rimfire ammunition.

12 (b) Except as provided in subsections (c), (d), and (e),

13 on or after the effective date of this amendatory Act of the

14 102nd General Assembly, it is unlawful for any person within

15 this State to knowingly manufacture, deliver, sell, import, or

16 purchase or cause to be manufactured, delivered, sold,

17 imported, or purchased by another, an assault weapon, assault

18 weapon attachment, .50 caliber rifle, or .50 caliber

19 cartridge.

20 (c) Except as otherwise provided in subsection (d), 300

21 days after the effective date of this amendatory Act of the

22 102nd General Assembly, it is unlawful for any person within

23 this State to knowingly possess an assault weapon, assault

24 weapon attachment, .50 caliber rifle, or .50 caliber

25 cartridge.

26 (d) This Section does not apply to a person who possessed

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1 before the effective date of this amendatory Act of the 102nd

2 General Assembly an assault weapon, assault weapon attachment,

3 .50 caliber rifle, or .50 caliber cartridge prohibited by

4 subsection (c) of this Section, if the person has provided in

5 an endorsement affidavit, prior to January 1, 2024, under oath

6 or affirmation and in the form and manner prescribed by the

7 Illinois State Police, no later than October 1, 2023:

8 (1) the affiant's Firearm Owner's Identification Card

9 number; and

10 (2) an affirmation that the affiant: (i) possessed an

11 assault weapon, assault weapon attachment, .50 caliber

12 rifle, or .50 caliber cartridge before the effective date

13 of this amendatory Act of the 102nd General Assembly; or

14 (ii) inherited the assault weapon, assault weapon

15 attachment, .50 caliber rifle, or .50 caliber cartridge

16 from a person with an endorsement under this Section or

17 from a person authorized under subdivisions (1) through

18 (5) of subsection (e) to possess the assault weapon,

19 assault weapon attachment, .50 caliber rifle, or .50

20 caliber cartridge.

21 The affidavit form shall include the following statement

22 printed in bold type: "Warning: Entering false information on

23 this form is punishable as perjury under Section 32-2 of the

24 Criminal Code of 2012. Entering false information on this form

25 is a violation of the Firearm Owners Identification Card Act."

26 In any administrative, civil, or criminal proceeding in

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LRB102 24372 JDS 42553 a

1 this State, a completed endorsement affidavit submitted to the

2 Illinois State Police by a person under this Section creates a

3 rebuttable presumption that the person is entitled to possess

4 and transport the assault weapon, assault weapon attachment,

5 .50 caliber rifle, or .50 caliber cartridge.

6 Beginning 90 days after the effective date of this

7 amendatory Act of the 102nd General Assembly, a person

8 authorized under this Section to possess an assault weapon,

9 assault weapon attachment, .50 caliber rifle, or .50 caliber

10 cartridge shall possess such items only:

11 (1) on private property owned or immediately

12 controlled by the person;

13 (2) on private property that is not open to the public

14 with the express permission of the person who owns or

15 immediately controls such property;

16 (3) while on the premises of a licensed firearms

17 dealer or gunsmith for the purpose of lawful repair;

18 (4) while engaged in the legal use of the assault

19 weapon, assault weapon attachment, .50 caliber rifle, or

20 .50 caliber cartridge at a properly licensed firing range

21 or sport shooting competition venue; or

22 (5) while traveling to or from these locations,

23 provided that the assault weapon, assault weapon

24 attachment, or .50 caliber rifle is unloaded and the

25 assault weapon, assault weapon attachment, .50 caliber

26 rifle, or .50 caliber cartridge is enclosed in a case,

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LRB102 24372 JDS 42553 a

1 firearm carrying box, shipping box, or other container.

2 Beginning on January 1, 2024, the person with the

3 endorsement for an assault weapon, assault weapon attachment,

4 .50 caliber rifle, or .50 caliber cartridge or a person

5 authorized under subdivisions (1) through (5) of subsection

6 (e) to possess an assault weapon, assault weapon attachment,

7 .50 caliber rifle, or .50 caliber cartridge may transfer the

8 assault weapon, assault weapon attachment, .50 caliber rifle,

9 or .50 caliber cartridge only to an heir, an individual

10 residing in another state maintaining it in another state, or

11 a dealer licensed as a federal firearms dealer under Section

12 923 of the federal Gun Control Act of 1968. Within 10 days

13 after transfer of the weapon except to an heir, the person

14 shall notify the Illinois State Police of the name and address

15 of the transferee and comply with the requirements of

16 subsection (b) of Section 3 of the Firearm Owners

17 Identification Card Act. The person to whom the weapon or

18 ammunition is transferred shall, within 60 days of the

19 transfer, complete an affidavit required under this Section. A

20 person to whom the weapon is transferred may transfer it only

21 as provided in this subsection.

22 Except as provided in subsection (e) and beginning on

23 January 1, 2024, any person who moves into this State in

24 possession of an assault weapon, assault weapon attachment,

25 .50 caliber rifle, or .50 caliber cartridge shall, within 60

26 days, apply for a Firearm Owners Identification Card and

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LRB102 24372 JDS 42553 a

1 complete an endorsement application as outlined in subsection

2 (d).

3 Notwithstanding any other law, information contained in

4 the endorsement affidavit shall be confidential and shall not

5 be disclosed, except to law enforcement agencies acting in the

6 performance of their duties.

7 (e) The provisions of this Section regarding the purchase

8 or possession of assault weapons, assault weapon attachments,

9 .50 caliber rifles, and .50 cartridges, as well as the

10 provisions of this Section that prohibit causing those items

11 to be purchased or possessed, do not apply to:

12 (1) Peace officers, as defined in Section 2-13 of this

13 Code.

14 (2) Qualified law enforcement officers and qualified

15 retired law enforcement officers as defined in the Law

16 Enforcement Officers Safety Act of 2004 (18 USC Sections

17 926B and 926C) and as recognized under Illinois law.

18 (3) Acquisition and possession by a federal, State, or

19 local law enforcement agency for the purpose of equipping

20 the agency's peace officers as defined in paragraph (1) or

21 (2) of this subsection (e).

22 (4) Wardens, superintendents, and keepers of prisons,

23 penitentiaries, jails, and other institutions for the

24 detention of persons accused or convicted of an offense.

25 (5) Members of the Armed Services or Reserve Forces of

26 the United States or the Illinois National Guard, while

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1 performing their official duties or while traveling to or

2 from their places of duty.

3 (6) Any company that employs armed security officers

4 in this State at a nuclear energy, storage, weapons, or

5 development site or facility regulated by the federal

6 Nuclear Regulatory Commission and any person employed as

7 an armed security force member at a nuclear energy,

8 storage, weapons, or development site or facility

9 regulated by the federal Nuclear Regulatory Commission who

10 has completed the background screening and training

11 mandated by the rules and regulations of the federal

12 Nuclear Regulatory Commission and while performing

13 official duties.

14 The provisions of this Section do not apply to the

15 manufacture, delivery, sale, import, purchase, or possession

16 of an assault weapon, assault weapon attachment, .50 caliber

17 rifle, or .50 caliber cartridge or causing the manufacture,

18 delivery, sale, importation, purchase, or possession of those

19 items:

20 (A) for sale or transfer to persons authorized under

21 subdivisions (1) through (6) of this subsection (e) to

22 possess those items;

23 (B) for sale or transfer to the United States or any

24 department or agency thereof; or

25 (C) for sale or transfer in another state or for

26 export.

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LRB102 24372 JDS 42553 a

1 This Section does not apply to or affect any of the

2 following:

3 (i) Possession of any firearm if that firearm is

4 sanctioned by the International Olympic Committee and by

5 USA Shooting, the national governing body for

6 international shooting competition in the United States,

7 but only when the firearm is in the actual possession of an

8 Olympic target shooting competitor or target shooting

9 coach for the purpose of storage, transporting to and from

10 Olympic target shooting practice or events if the firearm

11 is broken down in a nonfunctioning state, is not

12 immediately accessible, or is unloaded and enclosed in a

13 firearm case, carrying box, shipping box, or other similar

14 portable container designed for the safe transportation of

15 firearms, and when the Olympic target shooting competitor

16 or target shooting coach is engaging in those practices or

17 events. For the purposes of this paragraph (8), "firearm"

18 has the meaning provided in Section 1.1 of the Firearm

19 Owners Identification Card Act.

20 (ii) Any nonresident who transports, within 24 hours,

21 a weapon for any lawful purpose from any place where the

22 nonresident may lawfully possess and carry that weapon to

23 any other place where the nonresident may lawfully possess

24 and carry that weapon if, during the transportation, the

25 weapon is unloaded, and neither the weapon nor any

26 ammunition being transported is readily accessible or is

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1 directly accessible from the passenger compartment of the

2 transporting vehicle. In the case of a vehicle without a

3 compartment separate from the driver's compartment, the

4 weapon or ammunition shall be contained in a locked

5 container other than the glove compartment or console.

6 (iii) Possession of a weapon at an event taking place

7 at the World Shooting and Recreational Complex at Sparta,

8 only while engaged in the legal use of the weapon, or while

9 traveling to or from that location if the weapon is broken

10 down in a nonfunctioning state, is not immediately

11 accessible, or is unloaded and enclosed in a firearm case,

12 carrying box, shipping box, or other similar portable

13 container designed for the safe transportation of

14 firearms.

15 (iv) Possession of a weapon only for hunting use

16 expressly permitted under the Wildlife Code, or while

17 traveling to or from a location authorized for this

18 hunting use under the Wildlife Code if the weapon is

19 broken down in a nonfunctioning state, is not immediately

20 accessible, or is unloaded and enclosed in a firearm case,

21 carrying box, shipping box, or other similar portable

22 container designed for the safe transportation of

23 firearms.

24 (v) The manufacture, transportation, possession, sale,

25 or rental of blank-firing assault weapons and .50 caliber

26 rifles, or the weapon's respective attachments, to persons

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LRB102 24372 JDS 42553 a

1 authorized or permitted, or both authorized and permitted,

2 to acquire and possess these weapons or attachments for

3 the purpose of rental for use solely as props for a motion

4 picture, television, or video production or entertainment

5 event.

6 Any person not subject to this Section may submit an

7 endorsement affidavit if the person chooses.

8 (f) Any sale or transfer with a background check initiated

9 to the Illinois State Police on or before the effective date of

10 this amendatory Act of the 102nd General Assembly is allowed

11 to be completed after the effective date of this amendatory

12 Act once an approval is issued by the Illinois State Police and

13 any applicable waiting period under Section 24-3 has expired.

14 (g) The Illinois State Police shall take all steps

15 necessary to carry out the requirements of this Section within

16 by October 1, 2023.

17 (720 ILCS 5/24-1.10 new)

18 Sec. 24-1.10. Manufacture, delivery, or sale of large

19 capacity ammunition feeding devices.

20 (a) In this Section:

21 "Large capacity ammunition feeding device" means:

22 (1) a magazine, belt, drum, feed strip, or similar

23 device that has a capacity of, or that can be readily

24 restored or converted to accept, more than 10 rounds of

25 ammunition for long guns and more than 15 rounds of

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LRB102 24372 JDS 42553 a

1 ammunition for handguns; or

2 (2) any combination of parts from which a device

3 described in paragraph (1) can be assembled.

4 "Large capacity ammunition feeding device" does not

5 include an attached tubular device designed to accept, and

6 capable of operating only with, .22 caliber rimfire

7 ammunition. "Large capacity ammunition feeding device" does

8 not include a tubular magazine that is contained in a

9 lever-action firearm or any device that has been made

10 permanently inoperable.

11 (b) Except as provided in subsection (c) and (d), it is

12 unlawful for any person within this State to knowingly

13 manufacture, deliver, sell, purchase, or possess or cause to

14 be manufactured, delivered, sold, or purchased a large

15 capacity ammunition feeding device.

16 (c) This Section does not apply to any person who

17 possesses a large capacity ammunition feeding device prior to

18 the effective date of this amendatory Act of the 102nd General

19 Assembly.

20 Beginning 90 days after the effective date of this

21 amendatory Act of the 102nd General Assembly, a person

22 authorized under this Section to possess a large capacity

23 ammunition feeding device shall possess such device only:

24 (1) on private property owned or immediately

25 controlled by the person;

26 (2) on private property that is not open to the public

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1 with the express permission of the person who owns or

2 immediately controls such property;

3 (3) while on the premises of a licensed firearms

4 dealer or gunsmith for the purpose of lawful repair;

5 (4) while engaged in the legal use of the large

6 capacity ammunition feeding device at a properly licensed

7 firing range or sport shooting competition venue; or

8 (5) while traveling to or from these locations,

9 provided that the large capacity ammunition feeding device

10 is stored unloaded and enclosed in a case, firearm

11 carrying box, shipping box, or other container.

12 Beginning 90 days after the effective date of this

13 amendatory Act of the 102nd General Assembly, a person

14 authorized under this Section to possess a large capacity

15 ammunition feeding device may transfer the large capacity

16 ammunition feeding device only to an heir, an individual

17 residing in another state maintaining it in another state, or

18 a dealer licensed as a federal firearms dealer under Section

19 923 of the federal Gun Control Act of 1968. Within 10 days

20 after transfer of the large capacity ammunition feeding device

21 except to an heir, the person shall notify the Illinois State

22 Police of the name and address of the transferee and comply

23 with the requirements of subsection (b) of Section 3 of the

24 Firearm Owners Identification Card Act. The person to whom the

25 large capacity ammunition feeding device is transferred shall,

26 within 60 days of the transfer, complete an affidavit required

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1 under this Section. A person to whom the large capacity

2 ammunition feeding device is transferred may transfer it only

3 as provided in this subsection.

4 Except as provided in subsection (d) and beginning 90 days

5 after the effective date of this amendatory Act of the 102nd

6 General Assembly, any person who moves into this State in

7 possession of a large capacity ammunition feeding device

8 shall, within 60 days, apply for a Firearm Owners

9 Identification Card.

10 (d) The provisions of this Section regarding the purchase

11 or possession of large capacity ammunition feeding devices, as

12 well as the provisions of this Section that prohibit causing

13 those items to be purchased or possessed, do not apply to:

14 (1) Peace officers as defined in Section 2-13 of this

15 Code.

16 (2) Qualified law enforcement officers and qualified

17 retired law enforcement officers as defined in the Law

18 Enforcement Officers Safety Act of 2004 (18 USC Sections

19 926B and 926C) and as recognized under Illinois law.

20 (3) A federal, State, or local law enforcement agency

21 for the purpose of equipping the agency's peace officers

22 as defined in paragraph (1) or (2) of this subsection (d).

23 (4) Wardens, superintendents, and keepers of prisons,

24 penitentiaries, jails, and other institutions for the

25 detention of persons accused or convicted of an offense.

26 (5) Members of the Armed Services or Reserve Forces of

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1 the United States or the Illinois National Guard, while

2 their official duties or while traveling to or from their

3 places of duty.

4 (6) Any company that employs armed security officers

5 in this State at a nuclear energy, storage, weapons, or

6 development site or facility regulated by the federal

7 Nuclear Regulatory Commission and any person employed as

8 an armed security force member at a nuclear energy,

9 storage, weapons, or development site or facility

10 regulated by the federal Nuclear Regulatory Commission who

11 has completed the background screening and training

12 mandated by the rules and regulations of the federal

13 Nuclear Regulatory Commission and while performing

14 official duties.

15 (e) This Section does not apply to or affect any of the

16 following:

17 (1) Manufacture, delivery, sale, importation,

18 purchase, or possession or causing to be manufactured,

19 delivered, sold, imported, purchased, or possessed a large

20 capacity ammunition feeding device:

21 (A) for sale or transfer to persons authorized

22 under subdivisions (1) through (5) of subsection (d)

23 to possess those items;

24 (B) for sale or transfer to the United States or

25 any department or agency thereof; or

26 (C) for sale or transfer in another state or for

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1 export.

2 (2) Sale or rental of large capacity ammunition

3 feeding devices for blank-firing assault weapons and .50

4 caliber rifles, to persons authorized or permitted, or

5 both authorized and permitted, to acquire these devices

6 for the purpose of rental for use solely as props for a

7 motion picture, television, or video production or

8 entertainment event.

9 (f) Sentence. A person who knowingly delivers, sells,

10 purchases, or causes to be delivered, sold, or purchased in

11 violation of this Section a large capacity ammunition feeding

12 device capable of holding more than 10 rounds of ammunition

13 for long guns or more than 15 rounds of ammunition for handguns

14 commits a petty offense with a fine of $1,000 for each

15 violation.

16 Section 97. Severability. The provisions of this Act are

17 severable under Section 1.31 of the Statute on Statutes.

18 Section 99. Effective date. This Act takes effect upon

19 becoming law.".