Sen. Don Harmon

Filed: 1/9/2023

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LRB102 24372 RLC 42574 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 3. The Illinois Administrative Procedure Act is

7 amended by adding Section 5-45.35 as follows:

8 (5 ILCS 100/5-45.35 new)

9 Sec. 5-45.35. Emergency rulemaking. To provide for the

10 expeditious and timely implementation of this amendatory Act

11 of the 102nd General Assembly, emergency rules implementing

12 this amendatory Act of the 102nd General Assembly may be

13 adopted in accordance with Section 5-45 by the Illinois State

14 Police. The adoption of emergency rules authorized by Section

15 5-45 and this Section is deemed to be necessary for the public

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1 interest, safety, and welfare.

2 This Section is repealed one year after the effective date

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

4 Section 4. The Freedom of Information Act is amended by

5 changing Section 7.5 as follows:

6 (5 ILCS 140/7.5)

7 Sec. 7.5. Statutory exemptions. To the extent provided for

8 by the statutes referenced below, the following shall be

9 exempt from inspection and copying:

10 (a) All information determined to be confidential

11 under Section 4002 of the Technology Advancement and

12 Development Act.

13 (b) Library circulation and order records identifying

14 library users with specific materials under the Library

15 Records Confidentiality Act.

16 (c) Applications, related documents, and medical

17 records received by the Experimental Organ Transplantation

18 Procedures Board and any and all documents or other

19 records prepared by the Experimental Organ Transplantation

20 Procedures Board or its staff relating to applications it

21 has received.

22 (d) Information and records held by the Department of

23 Public Health and its authorized representatives relating

24 to known or suspected cases of sexually transmissible

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1 disease or any information the disclosure of which is

2 restricted under the Illinois Sexually Transmissible

3 Disease Control Act.

4 (e) Information the disclosure of which is exempted

5 under Section 30 of the Radon Industry Licensing Act.

6 (f) Firm performance evaluations under Section 55 of

7 the Architectural, Engineering, and Land Surveying

8 Qualifications Based Selection Act.

9 (g) Information the disclosure of which is restricted

10 and exempted under Section 50 of the Illinois Prepaid

11 Tuition Act.

12 (h) Information the disclosure of which is exempted

13 under the State Officials and Employees Ethics Act, and

14 records of any lawfully created State or local inspector

15 general's office that would be exempt if created or

16 obtained by an Executive Inspector General's office under

17 that Act.

18 (i) Information contained in a local emergency energy

19 plan submitted to a municipality in accordance with a

20 local emergency energy plan ordinance that is adopted

21 under Section 11-21.5-5 of the Illinois Municipal Code.

22 (j) Information and data concerning the distribution

23 of surcharge moneys collected and remitted by carriers

24 under the Emergency Telephone System Act.

25 (k) Law enforcement officer identification information

26 or driver identification information compiled by a law

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1 enforcement agency or the Department of Transportation

2 under Section 11-212 of the Illinois Vehicle Code.

3 (l) Records and information provided to a residential

4 health care facility resident sexual assault and death

5 review team or the Executive Council under the Abuse

6 Prevention Review Team Act.

7 (m) Information provided to the predatory lending

8 database created pursuant to Article 3 of the Residential

9 Real Property Disclosure Act, except to the extent

10 authorized under that Article.

11 (n) Defense budgets and petitions for certification of

12 compensation and expenses for court appointed trial

13 counsel as provided under Sections 10 and 15 of the

14 Capital Crimes Litigation Act. This subsection (n) shall

15 apply until the conclusion of the trial of the case, even

16 if the prosecution chooses not to pursue the death penalty

17 prior to trial or sentencing.

18 (o) Information that is prohibited from being

19 disclosed under Section 4 of the Illinois Health and

20 Hazardous Substances Registry Act.

21 (p) Security portions of system safety program plans,

22 investigation reports, surveys, schedules, lists, data, or

23 information compiled, collected, or prepared by or for the

24 Department of Transportation under Sections 2705-300 and

25 2705-616 of the Department of Transportation Law of the

26 Civil Administrative Code of Illinois, the Regional

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1 Transportation Authority under Section 2.11 of the

2 Regional Transportation Authority Act, or the St. Clair

3 County Transit District under the Bi-State Transit Safety

4 Act.

5 (q) Information prohibited from being disclosed by the

6 Personnel Record Review Act.

7 (r) Information prohibited from being disclosed by the

8 Illinois School Student Records Act.

9 (s) Information the disclosure of which is restricted

10 under Section 5-108 of the Public Utilities Act.

11 (t) All identified or deidentified health information

12 in the form of health data or medical records contained

13 in, stored in, submitted to, transferred by, or released

14 from the Illinois Health Information Exchange, and

15 identified or deidentified health information in the form

16 of health data and medical records of the Illinois Health

17 Information Exchange in the possession of the Illinois

18 Health Information Exchange Office due to its

19 administration of the Illinois Health Information

20 Exchange. The terms "identified" and "deidentified" shall

21 be given the same meaning as in the Health Insurance

22 Portability and Accountability Act of 1996, Public Law

23 104-191, or any subsequent amendments thereto, and any

24 regulations promulgated thereunder.

25 (u) Records and information provided to an independent

26 team of experts under the Developmental Disability and

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1 Mental Health Safety Act (also known as Brian's Law).

2 (v) Names and information of people who have applied

3 for or received Firearm Owner's Identification Cards under

4 the Firearm Owners Identification Card Act or applied for

5 or received a concealed carry license under the Firearm

6 Concealed Carry Act, unless otherwise authorized by the

7 Firearm Concealed Carry Act; and databases under the

8 Firearm Concealed Carry Act, records of the Concealed

9 Carry Licensing Review Board under the Firearm Concealed

10 Carry Act, and law enforcement agency objections under the

11 Firearm Concealed Carry Act.

12 (v-5) Records of the Firearm Owner's Identification

13 Card Review Board that are exempted from disclosure under

14 Section 10 of the Firearm Owners Identification Card Act.

15 (w) Personally identifiable information which is

16 exempted from disclosure under subsection (g) of Section

17 19.1 of the Toll Highway Act.

18 (x) Information which is exempted from disclosure

19 under Section 5-1014.3 of the Counties Code or Section

20 8-11-21 of the Illinois Municipal Code.

21 (y) Confidential information under the Adult

22 Protective Services Act and its predecessor enabling

23 statute, the Elder Abuse and Neglect Act, including

24 information about the identity and administrative finding

25 against any caregiver of a verified and substantiated

26 decision of abuse, neglect, or financial exploitation of

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1 an eligible adult maintained in the Registry established

2 under Section 7.5 of the Adult Protective Services Act.

3 (z) Records and information provided to a fatality

4 review team or the Illinois Fatality Review Team Advisory

5 Council under Section 15 of the Adult Protective Services

6 Act.

7 (aa) Information which is exempted from disclosure

8 under Section 2.37 of the Wildlife Code.

9 (bb) Information which is or was prohibited from

10 disclosure by the Juvenile Court Act of 1987.

11 (cc) Recordings made under the Law Enforcement

12 Officer-Worn Body Camera Act, except to the extent

13 authorized under that Act.

14 (dd) Information that is prohibited from being

15 disclosed under Section 45 of the Condominium and Common

16 Interest Community Ombudsperson Act.

17 (ee) Information that is exempted from disclosure

18 under Section 30.1 of the Pharmacy Practice Act.

19 (ff) Information that is exempted from disclosure

20 under the Revised Uniform Unclaimed Property Act.

21 (gg) Information that is prohibited from being

22 disclosed under Section 7-603.5 of the Illinois Vehicle

23 Code.

24 (hh) Records that are exempt from disclosure under

25 Section 1A-16.7 of the Election Code.

26 (ii) Information which is exempted from disclosure

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1 under Section 2505-800 of the Department of Revenue Law of

2 the Civil Administrative Code of Illinois.

3 (jj) Information and reports that are required to be

4 submitted to the Department of Labor by registering day

5 and temporary labor service agencies but are exempt from

6 disclosure under subsection (a-1) of Section 45 of the Day

7 and Temporary Labor Services Act.

8 (kk) Information prohibited from disclosure under the

9 Seizure and Forfeiture Reporting Act.

10 (ll) Information the disclosure of which is restricted

11 and exempted under Section 5-30.8 of the Illinois Public

12 Aid Code.

13 (mm) Records that are exempt from disclosure under

14 Section 4.2 of the Crime Victims Compensation Act.

15 (nn) Information that is exempt from disclosure under

16 Section 70 of the Higher Education Student Assistance Act.

17 (oo) Communications, notes, records, and reports

18 arising out of a peer support counseling session

19 prohibited from disclosure under the First Responders

20 Suicide Prevention Act.

21 (pp) Names and all identifying information relating to

22 an employee of an emergency services provider or law

23 enforcement agency under the First Responders Suicide

24 Prevention Act.

25 (qq) Information and records held by the Department of

26 Public Health and its authorized representatives collected

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1 under the Reproductive Health Act.

2 (rr) Information that is exempt from disclosure under

3 the Cannabis Regulation and Tax Act.

4 (ss) Data reported by an employer to the Department of

5 Human Rights pursuant to Section 2-108 of the Illinois

6 Human Rights Act.

7 (tt) Recordings made under the Children's Advocacy

8 Center Act, except to the extent authorized under that

9 Act.

10 (uu) Information that is exempt from disclosure under

11 Section 50 of the Sexual Assault Evidence Submission Act.

12 (vv) Information that is exempt from disclosure under

13 subsections (f) and (j) of Section 5-36 of the Illinois

14 Public Aid Code.

15 (ww) Information that is exempt from disclosure under

16 Section 16.8 of the State Treasurer Act.

17 (xx) Information that is exempt from disclosure or

18 information that shall not be made public under the

19 Illinois Insurance Code.

20 (yy) Information prohibited from being disclosed under

21 the Illinois Educational Labor Relations Act.

22 (zz) Information prohibited from being disclosed under

23 the Illinois Public Labor Relations Act.

24 (aaa) Information prohibited from being disclosed

25 under Section 1-167 of the Illinois Pension Code.

26 (bbb) Information that is prohibited from disclosure

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1 by the Illinois Police Training Act and the Illinois State

2 Police Act.

3 (ccc) Records exempt from disclosure under Section

4 2605-304 of the Illinois State Police Law of the Civil

5 Administrative Code of Illinois.

6 (ddd) Information prohibited from being disclosed

7 under Section 35 of the Address Confidentiality for

8 Victims of Domestic Violence, Sexual Assault, Human

9 Trafficking, or Stalking Act.

10 (eee) Information prohibited from being disclosed

11 under subsection (b) of Section 75 of the Domestic

12 Violence Fatality Review Act.

13 (fff) Images from cameras under the Expressway Camera

14 Act. This subsection (fff) is inoperative on and after

15 July 1, 2023.

16 (ggg) ~~(fff)~~ Information prohibited from disclosure

17 under paragraph (3) of subsection (a) of Section 14 of the

18 Nurse Agency Licensing Act.

19 (hhh) Information submitted to the Department of State

20 Police in an affidavit or application for an assault

21 weapon endorsement, assault weapon attachment endorsement,

22 .50 caliber rifle endorsement, or .50 caliber cartridge

23 endorsement under the Firearm Owners Identification Card

24 Act.

25 (Source: P.A. 101-13, eff. 6-12-19; 101-27, eff. 6-25-19;

26 101-81, eff. 7-12-19; 101-221, eff. 1-1-20; 101-236, eff.

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1 1-1-20; 101-375, eff. 8-16-19; 101-377, eff. 8-16-19; 101-452,

2 eff. 1-1-20; 101-466, eff. 1-1-20; 101-600, eff. 12-6-19;

3 101-620, eff 12-20-19; 101-649, eff. 7-7-20; 101-652, eff.

4 1-1-22; 101-656, eff. 3-23-21; 102-36, eff. 6-25-21; 102-237,

5 eff. 1-1-22; 102-292, eff. 1-1-22; 102-520, eff. 8-20-21;

6 102-559, eff. 8-20-21; 102-813, eff. 5-13-22; 102-946, eff.

7 7-1-22; 102-1042, eff. 6-3-22; revised 8-1-22.)

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

9 Administrative Code of Illinois is amended by changing

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

11 (20 ILCS 2605/2605-35) (was 20 ILCS 2605/55a-3)

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

13 (a) The Division of Criminal Investigation shall exercise

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

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

16 law in the Illinois State Police by the Illinois Horse

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

18 2605-215.

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

20 and incidents of crime and enforce the criminal laws of

21 this State related thereto.

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

23 prescribing, manufacturing, administering, transporting,

24 having in possession, dispensing, delivering,

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1 distributing, or use of controlled substances and

2 cannabis.

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

4 incorporated towns and with the police officers of any

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

6 arrests and recovering property.

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

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

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

10 State.

11 (6) Investigate recipients and providers under the

12 Illinois Public Aid Code and any personnel involved in the

13 administration of the Code who are suspected of any

14 violation of the Code pertaining to fraud in the

15 administration, receipt, or provision of assistance and

16 pertaining to any violation of criminal law; and exercise

17 the functions required under Section 2605-220 in the

18 conduct of those investigations.

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

20 including, but not limited to, investigations of human

21 trafficking, illegal drug trafficking, and illegal

22 firearms trafficking.

23 (8) Investigate public corruption.

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

25 Director in order to fulfill the responsibilities and

26 achieve the purposes of the Illinois State Police, which

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1 may include the coordination of gang, terrorist, and

2 organized crime prevention, control activities, and

3 assisting local law enforcement in their crime control

4 activities.

5 (10) Conduct investigations (and cooperate with

6 federal law enforcement agencies in the investigation) of

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

8 involving individuals or entities listed on the sanctions

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

10 Office of Foreign Asset Control.

11 (b) (Blank).

12 (c) The Division of Criminal Investigation shall provide

13 statewide coordination and strategy pertaining to

14 firearm-related intelligence, firearms trafficking

15 interdiction, and investigations reaching across all divisions

16 of the Illinois State Police, including providing crime gun

17 intelligence support for suspects and firearms involved in

18 firearms trafficking or the commission of a crime involving

19 firearms that is investigated by the Illinois State Police and

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

21 the objective of reducing and preventing illegal possession

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

23 homicides, and other firearm-related violent crimes in

24 Illinois.

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

26 102-1108, eff. 12-21-22.)

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1 (20 ILCS 2605/2605-51.1)

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

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

4 Restraining Order Act.

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

6 Firearms Restraining Order Act composed of at least 12 members

7 to advise on the strategies of education and implementation of

8 the Firearms Restraining Order Act. The Commission shall be

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

10 or her designee and shall include a liaison or representative

11 nominated from the following:

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

13 the Attorney General;

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

15 or her designee;

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

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

18 Prosecutor;

19 (4) at least 2 municipal police department

20 representatives, nominated by the Illinois Association of

21 Chiefs of Police;

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

23 Sheriffs' Association;

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

25 designee;

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1 (7) the Illinois Law Enforcement Training Standards

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

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

4 nominated by the State Appellate Defender;

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

6 Justice of the Supreme Court;

7 (10) a prosecutor with experience managing or

8 directing a program in another state where the

9 implementation of that state's extreme risk protection

10 order law has achieved high rates of petition filings

11 nominated by the National District Attorneys Association;

12 ~~and~~

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

14 managing or directing a program in another state where the

15 implementation of that state's extreme risk protection

16 order law has achieved high rates of petition filings

17 nominated by the Director of the Illinois State Police;

18 and

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

20 of the Illinois Association of Court Clerks.

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

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

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

24 implementation of the Firearms Restraining Order Act as

25 determined by the Commission while the strategies are being

26 established.

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

2 compensation and shall serve 3-year terms.

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

4 Assembly by the Commission that may include summary

5 information about firearms restraining order use by county,

6 challenges to Firearms Restraining Order Act implementation,

7 and recommendations for increasing and improving

8 implementation.

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

10 overall framework for the timely relinquishment of firearms

11 whenever a firearms restraining order is issued. The model

12 policy shall be finalized within the first 4 months of

13 convening. In formulating the model policy, the Commission

14 shall consult counties in Illinois and other states with

15 extreme risk protection order laws which have achieved a high

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

17 Police shall work with their local law enforcement agencies

18 within their county to design a comprehensive strategy for the

19 timely relinquishment of firearms, using the model policy as

20 an overall framework. Each individual agency may make small

21 modifications as needed to the model policy and must approve

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

23 Illinois State Police shall convene local police chiefs and

24 sheriffs within their county as needed to discuss the

25 relinquishment of firearms.

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

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

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

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

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

5 Section 7. The Illinois Procurement Code is amended by

6 changing Section 1-10 as follows:

7 (30 ILCS 500/1-10)

8 Sec. 1-10. Application.

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

10 bidders, offerors, potential contractors, or contractors were

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

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

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

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

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

16 entered into with respect to any revenue bonds or similar

17 instruments. All procurements for which contracts are

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

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

20 Code and its intent.

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

22 funds with which the contracts are paid, including federal

23 assistance moneys. This Code shall not apply to:

24 (1) Contracts between the State and its political

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1 subdivisions or other governments, or between State

2 governmental bodies, except as specifically provided in

3 this Code.

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

5 Section 20-80.

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

7 5-30.6 of the Illinois Public Aid Code and this Section.

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

9 an independent contractor, whether pursuant to an

10 employment code or policy or by contract directly with

11 that individual.

12 (5) Collective bargaining contracts.

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

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

15 must be published in the Procurement Bulletin within 10

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

17 jurisdiction. The notice shall identify the real estate

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

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

20 contract.

21 (7) Contracts necessary to prepare for anticipated

22 litigation, enforcement actions, or investigations,

23 provided that the chief legal counsel to the Governor

24 shall give his or her prior approval when the procuring

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

26 and provided that the chief legal counsel of any other

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1 procuring entity subject to this Code shall give his or

2 her prior approval when the procuring entity is not one

3 subject to the jurisdiction of the Governor.

4 (8) (Blank).

5 (9) Procurement expenditures by the Illinois

6 Conservation Foundation when only private funds are used.

7 (10) (Blank).

8 (11) Public-private agreements entered into according

9 to the procurement requirements of Section 20 of the

10 Public-Private Partnerships for Transportation Act and

11 design-build agreements entered into according to the

12 procurement requirements of Section 25 of the

13 Public-Private Partnerships for Transportation Act.

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

15 professional and artistic services entered into by the

16 Illinois Finance Authority in which the State of Illinois

17 is not obligated. Such contracts shall be awarded through

18 a competitive process authorized by the members of the

19 Illinois Finance Authority and are subject to Sections

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

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

22 Illinois Finance Authority of the terms of the contract.

23 (B) Contracts for legal and financial services entered

24 into by the Illinois Housing Development Authority in

25 connection with the issuance of bonds in which the State

26 of Illinois is not obligated. Such contracts shall be

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1 awarded through a competitive process authorized by the

2 members of the Illinois Housing Development Authority and

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

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

5 the members of the Illinois Housing Development Authority

6 of the terms of the contract.

7 (13) Contracts for services, commodities, and

8 equipment to support the delivery of timely forensic

9 science services in consultation with and subject to the

10 approval of the Chief Procurement Officer as provided in

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

12 Corrections, except for the requirements of Sections

13 20-60, 20-65, 20-70, and 20-160 and Article 50 of this

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

15 writing with justification, waive any certification

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

17 for services which are currently provided by members of a

18 collective bargaining agreement, the applicable terms of

19 the collective bargaining agreement concerning

20 subcontracting shall be followed.

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

22 except for this sentence, is inoperative.

23 (14) Contracts for participation expenditures required

24 by a domestic or international trade show or exhibition of

25 an exhibitor, member, or sponsor.

26 (15) Contracts with a railroad or utility that

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1 requires the State to reimburse the railroad or utilities

2 for the relocation of utilities for construction or other

3 public purpose. Contracts included within this paragraph

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

5 associated with: relocations, crossings, installations,

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

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

8 transportation that runs on rails or electromagnetic

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

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

11 telecommunications carriers as defined in Section 13-202

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

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

14 telephone or telecommunications cooperatives as defined in

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

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

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

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

19 operating utility systems consisting of public utilities

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

21 Illinois Municipal Code.

22 (16) Procurement expenditures necessary for the

23 Department of Public Health to provide the delivery of

24 timely newborn screening services in accordance with the

25 Newborn Metabolic Screening Act.

26 (17) Procurement expenditures necessary for the

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1 Department of Agriculture, the Department of Financial and

2 Professional Regulation, the Department of Human Services,

3 and the Department of Public Health to implement the

4 Compassionate Use of Medical Cannabis Program and Opioid

5 Alternative Pilot Program requirements and ensure access

6 to medical cannabis for patients with debilitating medical

7 conditions in accordance with the Compassionate Use of

8 Medical Cannabis Program Act.

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

10 necessary for the Department of Agriculture, the

11 Department of Financial and Professional Regulation, the

12 Department of Human Services, the Department of Commerce

13 and Economic Opportunity, and the Department of Public

14 Health to implement the Cannabis Regulation and Tax Act if

15 the applicable agency has made a good faith determination

16 that it is necessary and appropriate for the expenditure

17 to fall within this exemption and if the process is

18 conducted in a manner substantially in accordance with the

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

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

21 50-36, 50-37, 50-38, and 50-50 of this Code; however, for

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

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

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

25 the procurement of goods and services identified in

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

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1 published in the Procurement Bulletin within 14 calendar

2 days after contract execution. The Chief Procurement

3 Officer shall prescribe the form and content of the

4 notice. Each agency shall provide the Chief Procurement

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

6 prescribed by the Chief Procurement Officer, a report of

7 contracts that are related to the procurement of goods and

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

9 report shall include the name of the contractor, a

10 description of the supply or service provided, the total

11 amount of the contract, the term of the contract, and the

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

13 these contracts shall be made available to the Chief

14 Procurement Officer immediately upon request. The Chief

15 Procurement Officer shall submit a report to the Governor

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

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

18 monthly information reported to the Chief Procurement

19 Officer. This exemption becomes inoperative 5 years after

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

21 (19) Acquisition of modifications or adjustments,

22 limited to assistive technology devices and assistive

23 technology services, adaptive equipment, repairs, and

24 replacement parts to provide reasonable accommodations (i)

25 that enable a qualified applicant with a disability to

26 complete the job application process and be considered for

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LRB102 24372 RLC 42574 a

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

2 modify or adjust the work environment to enable a

3 qualified current employee with a disability to perform

4 the essential functions of the position held by that

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

6 with a disability to enjoy equal benefits and privileges

7 of employment as are enjoyed by other similarly situated

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

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

10 seeking State services full use and enjoyment of and

11 access to its programs, services, or benefits.

12 For purposes of this paragraph (19):

13 "Assistive technology devices" means any item, piece

14 of equipment, or product system, whether acquired

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

16 is used to increase, maintain, or improve functional

17 capabilities of individuals with disabilities.

18 "Assistive technology services" means any service that

19 directly assists an individual with a disability in

20 selection, acquisition, or use of an assistive technology

21 device.

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

23 under the federal Americans with Disabilities Act when

24 describing an individual with a disability.

25 (20) Procurement expenditures necessary for the

26 Illinois Commerce Commission to hire third-party

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

2 of the Public Utilities Act or an ombudsman pursuant to

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

4 facilitator pursuant to Section 16-105.17 of the Public

5 Utilities Act, or a grid auditor pursuant to Section

6 16-105.10 of the Public Utilities Act.

7 (21) Procurement expenditures for the purchase,

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

9 software maintenance agreements that support the efforts

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

11 administer the Firearm Owners Identification Card Act, the

12 Firearm Concealed Carry Act, the Firearms Restraining

13 Order Act, the Firearm Dealer License Certification Act,

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

15 Uniform Crime Reporting Act, the Criminal Identification

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

17 Trafficking Information Act, or establish or maintain

18 record management systems necessary to conduct human

19 trafficking investigations or gun trafficking or other

20 stolen firearm investigations. This paragraph (21) applies

21 to contracts entered into on or after the effective date

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

23 the renewal of contracts that are in effect on the

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

25 Assembly.

26 Notwithstanding any other provision of law, for contracts

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

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

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

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

5 procurement bulletin the name of the contractor, a description

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

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

8 Code utilized. The chief procurement officer shall submit a

9 report to the Governor and General Assembly no later than

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

11 annual summary of the monthly information reported to the

12 chief procurement officer.

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

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

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

16 Utilities Act.

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

18 and as expressly required by Section 9.1 of the Illinois

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

20 procurement process provided for under Section 9.1 of the

21 Illinois Lottery Law.

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

23 Capital Development Board to retain a person or entity to

24 assist the Capital Development Board with its duties related

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

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

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

2 of the Public Utilities Act, including calculating the range

3 of capital costs, the range of operating and maintenance

4 costs, or the sequestration costs or monitoring the

5 construction of clean coal SNG brownfield facility for the

6 full duration of construction.

7 (f) (Blank).

8 (g) (Blank).

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

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

11 11-5.3 of the Illinois Public Aid Code.

12 (i) Each chief procurement officer may access records

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

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

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

16 privilege.

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

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

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

20 Board Act.

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

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

23 Elections or the State Electoral Board for hearing officers

24 appointed pursuant to the Election Code.

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

26 Illinois Student Assistance Commission to procure supplies and

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1 services paid for from the private funds of the Illinois

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

3 funds" means funds derived from deposits paid into the

4 Illinois Prepaid Tuition Trust Fund and the earnings thereon.

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

6 funds with which contracts are paid, including federal

7 assistance moneys. Except as specifically provided in this

8 Code, this Code shall not apply to procurement expenditures

9 necessary for the Department of Public Health to conduct the

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

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

12 Civil Administrative Code of Illinois.

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

14 101-363, eff. 8-9-19; 102-175, eff. 7-29-21; 102-483, eff

15 1-1-22; 102-558, eff. 8-20-21; 102-600, eff. 8-27-21; 102-662,

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

17 Section 10. The Firearm Owners Identification Card Act is

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

19 Section 4.1 as follows:

20 (430 ILCS 65/2) (from Ch. 38, par. 83-2)

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

22 exceptions.

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

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

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1 possession a Firearm Owner's Identification Card previously

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

3 the provisions of this Act.

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

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

6 Firearm Owner's Identification Card previously issued in his

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

8 of this Act.

9 (b) The provisions of this Section regarding the

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

11 tasers do not apply to:

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

13 operation of their official duties;

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

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

16 their official duties;

17 (3) Federal officials required to carry firearms,

18 while engaged in the operation of their official duties;

19 (4) Members of bona fide veterans organizations which

20 receive firearms directly from the armed forces of the

21 United States, while using the firearms for ceremonial

22 purposes with blank ammunition;

23 (5) Nonresident hunters during hunting season, with

24 valid nonresident hunting licenses and while in an area

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

26 and in all other places these persons must have their

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1 firearms unloaded and enclosed in a case;

2 (6) Those hunters exempt from obtaining a hunting

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

4 Identification Card when hunting on Department of Natural

5 Resources owned or managed sites;

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

7 recognized by the Illinois State Police; however, these

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

9 have their firearms unloaded and enclosed in a case;

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

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

12 other times and in all other places these persons must

13 have their firearms unloaded and enclosed in a case;

14 (9) Nonresidents whose firearms are unloaded and

15 enclosed in a case;

16 (10) Nonresidents who are currently licensed or

17 registered to possess a firearm in their resident state;

18 (11) Unemancipated minors while in the custody and

19 immediate control of their parent or legal guardian or

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

21 legal guardian or other person in loco parentis to the

22 minor has a currently valid Firearm Owner's Identification

23 Card;

24 (12) Color guards of bona fide veterans organizations

25 or members of bona fide American Legion bands while using

26 firearms for ceremonial purposes with blank ammunition;

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1 (13) Nonresident hunters whose state of residence does

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

3 firearm and only during hunting season, with valid hunting

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

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

6 Identification Card and while in an area within a

7 commercial club licensed under the Wildlife Code where

8 hunting is permitted and controlled, but in no instance

9 upon sites owned or managed by the Department of Natural

10 Resources;

11 (14) Resident hunters who are properly authorized to

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

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

14 within a commercial club licensed under the Wildlife Code

15 where hunting is permitted and controlled; and

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

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

18 under the direct supervision of a holder of a Firearm

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

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

21 is a participant in a firearms safety and training course

22 recognized by a law enforcement agency or a national,

23 statewide shooting sports organization~~; and~~

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

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

26 ~~Committee, the International Paralympic Committee, the~~

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

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

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

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

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

6 (c) The provisions of this Section regarding the

7 acquisition and possession of firearms, firearm ammunition,

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

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

10 the operation of their official duties.

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

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

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

14 valid concealed carry license issued under the Firearm

15 Concealed Carry Act who is in physical possession of the

16 concealed carry license.

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

18 not otherwise prohibited from obtaining, possessing, or using

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

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

21 firearms ammunition until 60 calendar days after he or she

22 obtains an Illinois driver's license or Illinois

23 Identification Card.

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

25 (430 ILCS 65/3) (from Ch. 38, par. 83-3)

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

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

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

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

5 this State unless the transferee with whom he deals displays

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

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

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

9 a currently valid license to carry a concealed firearm which

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

11 State Police under the Firearm Concealed Carry Act. In

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

13 federally licensed firearm dealers are subject to Section 3.1.

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

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

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

17 transferring the firearm, request the Illinois State Police to

18 conduct a background check on the prospective recipient of the

19 firearm in accordance with Section 3.1.

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

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

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

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

24 dealer shall, before selling or transferring the firearms,

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

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

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

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

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

4 Firearm Owner's Identification Card under State and federal

5 law including the National Instant Criminal Background Check

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

7 2023. Until that date the transferor shall contact the

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

9 Firearm Owner's Identification Card number to determine the

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

11 Police may adopt rules concerning the implementation of this

12 subsection. The Illinois State Police shall provide the seller

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

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

15 Illinois State Police for the purchase of a firearm pursuant

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

17 issue.

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

19 do not apply to:

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

21 federally licensed firearm dealer, if the federally

22 licensed firearm dealer conducts a background check on the

23 prospective recipient of the firearm in accordance with

24 Section 3.1 of this Act and follows all other applicable

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

26 seller or transferor of the firearm, although the dealer

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

2 inventory. The purchaser or transferee may be required by

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

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

5 compensation for performing the functions required under

6 this paragraph, plus the applicable fees authorized by

7 Section 3.1;

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

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

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

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

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

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

14 (3) transfers by persons acting pursuant to operation

15 of law or a court order;

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

17 subsection (a-5) of this Section;

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

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

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

21 by a gunsmith to a federally licensed firearms dealer for

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

23 gunsmith;

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

25 of the unlicensed transferee, if the unlicensed transferee

26 is not otherwise prohibited from possessing firearms and

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1 the unlicensed transferee reasonably believes that

2 possession of the firearm is necessary to prevent imminent

3 death or great bodily harm to the unlicensed transferee;

4 (7) transfers to a law enforcement or corrections

5 agency or a law enforcement or corrections officer acting

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

7 (8) transfers of firearms that have been rendered

8 permanently inoperable to a nonprofit historical society,

9 museum, or institutional collection; and

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

11 requirement of possessing a Firearm Owner's Identification

12 Card under Section 2 of this Act.

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

14 Internet-based system for individuals to determine the

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

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

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

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

19 Police shall adopt rules not inconsistent with this Section to

20 implement this system, but no rule shall allow the Illinois

21 State Police to retain records in contravention of State and

22 federal law.

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

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

25 serial numbers of firearms that have been reported stolen are

26 available for public access for individuals to ensure any

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LRB102 24372 RLC 42574 a

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

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

3 shall have the Internet-based system completed and available

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

5 rules not inconsistent with this Section to implement this

6 system.

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

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

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

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

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

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

13 transfer to a federally licensed firearm dealer and shall not

14 be required to maintain a transfer record. The federally

15 licensed firearm dealer shall maintain the transfer record for

16 20 years from the date of receipt. A federally licensed

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

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

19 an electronic or paper format. The federally licensed firearm

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

21 in the transfer record submitted pursuant to this Section.

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

23 the description, serial number or other information

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

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

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

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1 Card number and any approval number or documentation provided

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

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

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

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

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

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

8 inspection such record of transfer. For any transfer pursuant

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

10 officer, such transferee shall identify the federally licensed

11 firearm dealer maintaining the transfer record. If the

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

13 include the unique identification number. Failure to record

14 the unique identification number or approval number is a petty

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

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

17 100-1178), failure by the private seller to maintain the

18 transfer records in accordance with this Section, or failure

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

20 identify the federally licensed firearm dealer maintaining the

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

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

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

24 offense was committed after conviction of the first offense.

25 Whenever any person who has not previously been convicted of

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

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1 supervision pursuant to and consistent with the limitations of

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

3 or transferor shall not be criminally liable under this

4 Section provided that he or she provides the Illinois State

5 Police with the transfer records in accordance with procedures

6 established by the Illinois State Police. The Illinois State

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

8 website.

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

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

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

12 to ship ammunition. Any resident purchasing ammunition within

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

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

15 or valid concealed carry license and either his or her

16 Illinois driver's license or Illinois State Identification

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

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

19 documents.

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

21 of firearm ammunition shall not apply to those persons

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

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

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

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

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

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

3 this State unless the transferee with whom he deals displays

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

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

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

7 a currently valid license to carry a concealed firearm which

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

9 State Police under the Firearm Concealed Carry Act. In

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

11 federally licensed firearm dealers are subject to Section 3.1.

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

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

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

15 transferring the firearm, request the Illinois State Police to

16 conduct a background check on the prospective recipient of the

17 firearm in accordance with Section 3.1.

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

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

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

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

22 dealer shall, before selling or transferring the firearms,

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

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

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

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

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LRB102 24372 RLC 42574 a

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

2 Firearm Owner's Identification Card under State and federal

3 law, including the National Instant Criminal Background Check

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

5 2023 ~~January 1, 2024~~. Until that date the transferor shall

6 contact 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 card. The Illinois State Police

9 may adopt rules concerning the implementation of this

10 subsection. The Illinois State Police shall provide the seller

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

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

13 Illinois State Police for the purchase of a firearm pursuant

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

15 issue.

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

17 do not apply to:

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

19 federally licensed firearm dealer, if the federally

20 licensed firearm dealer conducts a background check on the

21 prospective recipient of the firearm in accordance with

22 Section 3.1 of this Act and follows all other applicable

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

24 seller or transferor of the firearm, although the dealer

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

26 inventory. The purchaser or transferee may be required by

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LRB102 24372 RLC 42574 a

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

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

3 compensation for performing the functions required under

4 this paragraph, plus the applicable fees authorized by

5 Section 3.1;

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

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

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

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

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

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

12 (3) transfers by persons acting pursuant to operation

13 of law or a court order;

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

15 subsection (a-5) of this Section;

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

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

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

19 by a gunsmith to a federally licensed firearms dealer for

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

21 gunsmith;

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

23 of the unlicensed transferee, if the unlicensed transferee

24 is not otherwise prohibited from possessing firearms and

25 the unlicensed transferee reasonably believes that

26 possession of the firearm is necessary to prevent imminent

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LRB102 24372 RLC 42574 a

1 death or great bodily harm to the unlicensed transferee;

2 (7) transfers to a law enforcement or corrections

3 agency or a law enforcement or corrections officer acting

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

5 (8) transfers of firearms that have been rendered

6 permanently inoperable to a nonprofit historical society,

7 museum, or institutional collection; and

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

9 requirement of possessing a Firearm Owner's Identification

10 Card under Section 2 of this Act.

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

12 Internet-based system for individuals to determine the

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

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

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

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

17 rules not inconsistent with this Section to implement this

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

19 retain records in contravention of State and federal law.

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

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

22 serial numbers of firearms that have been reported stolen are

23 available for public access for individuals to ensure any

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

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

26 shall have the Internet-based system completed and available

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LRB102 24372 RLC 42574 a

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

2 rules not inconsistent with this Section to implement this

3 system.

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

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

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

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

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

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

10 transfer to a federally licensed firearm dealer and shall not

11 be required to maintain a transfer record. The federally

12 licensed firearm dealer shall maintain the transfer record for

13 20 years from the date of receipt. A federally licensed

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

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

16 an electronic or paper format. The federally licensed firearm

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

18 in the transfer record submitted pursuant to this Section.

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

20 description, serial number or other information identifying

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

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

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

24 number and any approval number or documentation provided by

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

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

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

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

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

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

5 inspection such record of transfer. For any transfer pursuant

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

7 officer, such transferee shall identify the federally licensed

8 firearm dealer maintaining the transfer record. If the

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

10 include the unique identification number. Failure to record

11 the unique identification number or approval number is a petty

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

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

14 100-1178), failure by the private seller to maintain the

15 transfer records in accordance with this Section, or failure

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

17 identify the federally licensed firearm dealer maintaining the

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

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

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

21 offense was committed after conviction of the first offense.

22 Whenever any person who has not previously been convicted of

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

24 supervision pursuant to and consistent with the limitations of

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

26 or transferor shall not be criminally liable under this

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1 Section provided that he or she provides the Illinois State

2 Police with the transfer records in accordance with procedures

3 established by the Illinois State Police. The Illinois State

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

5 website.

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

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

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

9 to ship ammunition. Any resident purchasing ammunition within

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

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

12 or valid concealed carry license and either his or her

13 Illinois driver's license or Illinois State Identification

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

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

16 documents.

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

18 of firearm ammunition shall not apply to those persons

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

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

21 102-813, eff. 5-13-22.)

22 (430 ILCS 65/4) (from Ch. 38, par. 83-4)

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

24 Cards.

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

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1 Card must:

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

3 Illinois State Police; and

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

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

6 180th day following July 12, 2019 (the effective date

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

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

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

10 legal guardian to possess and acquire firearms and

11 firearm ammunition and that he or she has never been

12 convicted of a misdemeanor other than a traffic

13 offense or adjudged delinquent, provided, however,

14 that such parent or legal guardian is not an

15 individual prohibited from having a Firearm Owner's

16 Identification Card and files an affidavit with the

17 Department as prescribed by the Department stating

18 that he or she is not an individual prohibited from

19 having a Card;

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

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

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

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

24 that he or she has never been convicted of a

25 misdemeanor other than a traffic offense or adjudged

26 delinquent and is an active duty member of the United

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1 States Armed Forces or the Illinois National Guard or

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

3 guardian to possess and acquire firearms and firearm

4 ammunition, provided, however, that such parent or

5 legal guardian is not an individual prohibited from

6 having a Firearm Owner's Identification Card and files

7 an affidavit with the Illinois State Police as

8 prescribed by the Illinois State Police stating that

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

10 Card or the active duty member of the United States

11 Armed Forces or the Illinois National Guard under 21

12 years of age annually submits proof to the Illinois

13 State Police, in a manner prescribed by the Illinois

14 State Police;

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

16 under the laws of this or any other jurisdiction;

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

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

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

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

21 than 5 years ago submit the certification required

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

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

24 disability;

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

26 unlawfully present in the United States under the laws

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1 of the United States;

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

3 of protection prohibiting him or her from possessing a

4 firearm;

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

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

7 violation of an order of protection, or a

8 substantially similar offense in another jurisdiction,

9 in which a firearm was used or possessed;

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

11 battery, aggravated domestic battery, or a

12 substantially similar offense in another jurisdiction

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

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

15 knowingly and intelligently waives the right to have

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

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

18 conviction for an offense in which a domestic

19 relationship is not a required element of the offense

20 but in which a determination of the applicability of

21 18 U.S.C. 922(g)(9) is made under Section 112A-11.1 of

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

23 court of a judgment of conviction for that offense

24 shall be grounds for denying the issuance of a Firearm

25 Owner's Identification Card under this Section;

26 (x) (Blank);

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

2 admitted to the United States under a non-immigrant

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

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

5 1101(a)(26))), or that he or she is a noncitizen who

6 has been lawfully admitted to the United States under

7 a non-immigrant visa if that noncitizen is:

8 (1) admitted to the United States for lawful

9 hunting or sporting purposes;

10 (2) an official representative of a foreign

11 government who is:

12 (A) accredited to the United States

13 Government or the Government's mission to an

14 international organization having its

15 headquarters in the United States; or

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

17 which that noncitizen is accredited;

18 (3) an official of a foreign government or

19 distinguished foreign visitor who has been so

20 designated by the Department of State;

21 (4) a foreign law enforcement officer of a

22 friendly foreign government entering the United

23 States on official business; or

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

25 Attorney General of the United States pursuant to

26 18 U.S.C. 922(y)(3);

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

2 petition filed under Section 5-520 of the Juvenile

3 Court Act of 1987 alleging that the minor is a

4 delinquent minor for the commission of an offense that

5 if committed by an adult would be a felony;

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

7 adjudicated a delinquent minor under the Juvenile

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

9 if committed by an adult would be a felony;

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

11 Illinois;

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

13 with a mental disability;

14 (xvi) He or she has not been involuntarily

15 admitted into a mental health facility; and

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

17 developmental disability; and

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

19 release on a form prescribed by the Illinois State Police

20 waiving any right to confidentiality and requesting the

21 disclosure to the Illinois State Police of limited mental

22 health institution admission information from another

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

24 the United States, or a foreign nation concerning the

25 applicant for the sole purpose of determining whether the

26 applicant is or was a patient in a mental health

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1 institution and disqualified because of that status from

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

3 health care or treatment records may be requested. The

4 information received shall be destroyed within one year of

5 receipt.

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

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

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

9 number or Illinois Identification Card number, except as

10 provided in subsection (a-10).

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

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

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

14 permanently assigned in Illinois and who is not an Illinois

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

16 her driver's license number or state identification card

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

18 Police may adopt rules to enforce the provisions of this

19 subsection (a-10).

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

21 Identification Card moves from the residence address named in

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

23 and manner prescribed by the Illinois State Police of that

24 change of address.

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

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

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

2 seeking a religious exemption to the photograph requirement

3 must furnish with the application an approved copy of United

4 States Department of the Treasury Internal Revenue Service

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

6 age seeking a religious exemption to the photograph

7 requirement shall submit fingerprints on a form and manner

8 prescribed by the Illinois State Police with his or her

9 application.

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

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

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

13 the Illinois State Police, unless the applicant has previously

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

15 State Police under this Act or the Firearm Concealed Carry

16 Act.

17 The fingerprints must be transmitted through a live scan

18 fingerprint vendor licensed by the Department of Financial and

19 Professional Regulation. The fingerprints shall be checked

20 against the fingerprint records now and hereafter filed in the

21 Illinois State Police and Federal Bureau of Investigation

22 criminal history records databases, including all available

23 State and local criminal history record information files.

24 The Illinois State Police shall charge applicants a

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

26 which shall be deposited into the State Police Services Fund

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

2 criminal history record check.

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

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

5 feasibility of permitting voluntarily submitted fingerprints

6 obtained for purposes other than Firearm Owner's

7 Identification Card enforcement that are contained in the

8 Illinois State Police database for purposes of this Act.

9 (b) Each application form shall include the following

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

11 information on an application for a Firearm Owner's

12 Identification Card is punishable as a Class 2 felony in

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

14 Owners Identification Card Act.".

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

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

17 consent shall be liable for any damages resulting from the

18 applicant's use of firearms or firearm ammunition.

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

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

21 5-27-22.)

22 (430 ILCS 65/4.1 new)

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

24 weapon attachment, or .50 caliber cartridge endorsement.

25 (a) The endorsement affidavit form completed pursuant to

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

2 electronically through the individual's Firearm Owner's

3 Identification Card account.

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

5 accordance with this Section for the electronic submission of

6 an endorsement affidavit.

7 (c) Entering false information on the endorsement

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

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

10 of 2012.

11 (430 ILCS 65/8) (from Ch. 38, par. 83-8)

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

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

14 revoke and seize a Firearm Owner's Identification Card

15 previously issued under this Act only if the Illinois State

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

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

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

19 convicted of a misdemeanor other than a traffic offense or

20 adjudged delinquent;

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

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

23 101-80). A person under 21 years of age who does not have

24 the written consent of his parent or guardian to acquire

25 and possess firearms and firearm ammunition, or whose

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1 parent or guardian has revoked such written consent, or

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

3 Firearm Owner's Identification Card;

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

5 181st day following July 12, 2019 (the effective date of

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

7 not an active duty member of the United States Armed

8 Forces or the Illinois National Guard and does not have

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

10 acquire and possess firearms and firearm ammunition, or

11 whose parent or guardian has revoked such written consent,

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

13 Firearm Owner's Identification Card;

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

15 this or any other jurisdiction;

16 (d) A person addicted to narcotics;

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

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

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

20 who has not received the certification required under

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

22 officer employed by a unit of government or a Department

23 of Corrections employee authorized to possess firearms who

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

25 Identification Card seized under this subsection (e) may

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

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1 10 of this Act if the officer or employee did not act in a

2 manner threatening to the officer or employee, another

3 person, or the public as determined by the treating

4 clinical psychologist or physician, and the officer or

5 employee seeks mental health treatment;

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

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

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

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

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

11 in the Firearm Owner's Identification Card applicationor

12 endorsement affidavit;

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

14 United States under the laws of the United States;

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

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

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

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

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

20 lawfully admitted to the United States under a

21 non-immigrant visa if that noncitizen is:

22 (1) admitted to the United States for lawful

23 hunting or sporting purposes;

24 (2) an official representative of a foreign

25 government who is:

26 (A) accredited to the United States Government

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1 or the Government's mission to an international

2 organization having its headquarters in the United

3 States; or

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

5 which that noncitizen is accredited;

6 (3) an official of a foreign government or

7 distinguished foreign visitor who has been so

8 designated by the Department of State;

9 (4) a foreign law enforcement officer of a

10 friendly foreign government entering the United States

11 on official business; or

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

13 Attorney General of the United States pursuant to 18

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

15 (j) (Blank);

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

17 years of battery, assault, aggravated assault, violation

18 of an order of protection, or a substantially similar

19 offense in another jurisdiction, in which a firearm was

20 used or possessed;

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

22 battery, aggravated domestic battery, or a substantially

23 similar offense in another jurisdiction committed before,

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

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

26 previously issued a Firearm Owner's Identification Card

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1 under this Act knowingly and intelligently waives the

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

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

4 in a conviction for an offense in which a domestic

5 relationship is not a required element of the offense but

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

7 922(g)(9) is made under Section 112A-11.1 of the Code of

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

9 judgment of conviction for that offense shall be grounds

10 for denying an application for and for revoking and

11 seizing a Firearm Owner's Identification Card previously

12 issued to the person under this Act;

13 (m) (Blank);

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

15 possessing firearms or firearm ammunition by any Illinois

16 State statute or by federal law;

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

18 5-520 of the Juvenile Court Act of 1987 alleging that the

19 minor is a delinquent minor for the commission of an

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

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

22 minor under the Juvenile Court Act of 1987 for the

23 commission of an offense that if committed by an adult

24 would be a felony;

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

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

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1 Section 4;

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

3 a mental disability;

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

5 developmental disability;

6 (t) A person involuntarily admitted into a mental

7 health facility; or

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

9 Identification Card revoked or denied under subsection (e)

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

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

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

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

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

15 5-year period has lapsed, unless he or she has received a

16 mental health evaluation by a physician, clinical

17 psychologist, or qualified examiner as those terms are

18 defined in the Mental Health and Developmental

19 Disabilities Code, and has received a certification that

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

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

22 or qualified examiner making the certification and his or

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

24 professionally liable for making or not making the

25 certification required under this subsection, except for

26 willful or wanton misconduct. This subsection does not

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1 apply to a person whose firearm possession rights have

2 been restored through administrative or judicial action

3 under Section 10 or 11 of this Act.

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

5 Identification Card, the Illinois State Police shall provide

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

7 9.5 of this Act.

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

9 102-645, eff. 1-1-22; 102-813, eff. 5-13-22; 102-1030, eff.

10 5-27-22.)

11 Section 15. The Firearms Restraining Order Act is amended

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

13 (430 ILCS 67/40)

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

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

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

17 verified pleading alleging that the respondent poses a

18 significant danger of causing personal injury to himself,

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

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

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

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

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

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

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1 firearm presently believed by the petitioner to be possessed

2 or controlled by the respondent.The firearms restraining

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

4 in accordance with Section 45 of this Act.

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

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

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

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

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

10 intimate partners of the respondent. The notice must include

11 the duration of time that the petitioner intends to petition

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

13 the petitioner is a law enforcement officer, referral to

14 relevant domestic violence or stalking advocacy or counseling

15 resources, if appropriate. The petitioner shall attest to

16 having provided the notice in the filed affidavit or verified

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

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

19 the affidavit or verified pleading should describe what

20 efforts were made.

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

22 ~~6-month~~ firearms restraining order, knowing the information

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

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

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

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

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1 firearms restraining order, the court shall order a hearing

2 within 30 days.

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

4 order under this Section, the court shall consider evidence

5 including, but not limited to, the following:

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

7 brandishing of a firearm, ammunition, and firearm parts

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

9 respondent.

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

11 use of physical force by the respondent against another

12 person.

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

14 offense.

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

16 alcohol by the respondent.

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

18 the respondent directed toward himself, herself, or

19 another.

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

21 issued under Section 217 of the Illinois Domestic Violence

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

23 Procedure of 1963 or of an order of protection issued

24 under Section 214 of the Illinois Domestic Violence Act of

25 1986 or Section 112A-14 of the Code of Criminal Procedure

26 of 1963.

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

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

3 of violence by the respondent directed toward himself,

4 herself, or another.

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

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

7 respondent poses a significant danger of personal injury to

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

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

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

11 an operable firearm.

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

13 evidence to issue a plenary firearms restraining order, the

14 court shall issue a firearms restraining order that shall be

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

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

17 termination under that Section.

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

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

20 that the respondent possesses firearms, ammunition, and

21 firearm parts that could be assembled to make an operable

22 firearm, issue a search warrant directing a law enforcement

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

24 firearm parts that could be assembled to make an operable

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

26 enforcement agency to search the respondent's residence and

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

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

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

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

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

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

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

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

9 require:

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

11 her custody or control, purchasing, possessing, or

12 receiving additional firearms, ammunition, and firearm

13 parts that could be assembled to make an operable firearm

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

15 Firearm Owners Identification Card Act; and

16 (2) the respondent to comply with Section 9.5 of the

17 Firearm Owners Identification Card Act and subsection (g)

18 of Section 70 of the Firearm Concealed Carry Act.

19 (i) Except as otherwise provided in subsection (i-5) of

20 this Section, upon expiration of the period of safekeeping, if

21 the firearms, ammunition, and firearm parts that could be

22 assembled to make an operable firearm or Firearm Owner's

23 Identification Card cannot be returned to the respondent

24 because the respondent cannot be located, fails to respond to

25 requests to retrieve the firearms, ammunition, and firearm

26 parts that could be assembled to make an operable firearm, or

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1 is not lawfully eligible to possess a firearm, ammunition, and

2 firearm parts that could be assembled to make an operable

3 firearm, upon petition from the local law enforcement agency,

4 the court may order the local law enforcement agency to

5 destroy the firearms, ammunition, and firearm parts that could

6 be assembled to make an operable firearm, use the firearms,

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

8 an operable firearm for training purposes, or use the

9 firearms, ammunition, and firearm parts that could be

10 assembled to make an operable firearm for any other

11 application as deemed appropriate by the local law enforcement

12 agency.

13 (i-5) A respondent whose Firearm Owner's Identification

14 Card has been revoked or suspended may petition the court, if

15 the petitioner is present in court or has notice of the

16 respondent's petition, to transfer the respondent's firearm,

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

18 an operable firearm to a person who is lawfully able to possess

19 the firearm, ammunition, and firearm parts that could be

20 assembled to make an operable firearm if the person does not

21 reside at the same address as the respondent. Notice of the

22 petition shall be served upon the person protected by the

23 emergency firearms restraining order. While the order is in

24 effect, the transferee who receives the respondent's firearms,

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

26 an operable firearm must swear or affirm by affidavit that he

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1 or she shall not transfer the firearm, ammunition, and firearm

2 parts that could be assembled to make an operable firearm to

3 the respondent or to anyone residing in the same residence as

4 the respondent.

5 (i-6) If a person other than the respondent claims title

6 to any firearms, ammunition, and firearm parts that could be

7 assembled to make an operable firearm surrendered under this

8 Section, he or she may petition the court, if the petitioner is

9 present in court or has notice of the petition, to have the

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

11 to make an operable firearm returned to him or her. If the

12 court determines that person to be the lawful owner of the

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

14 to make an operable firearm, the firearm, ammunition, and

15 firearm parts that could be assembled to make an operable

16 firearm shall be returned to him or her, provided that:

17 (1) the firearm, ammunition, and firearm parts that

18 could be assembled to make an operable firearm are removed

19 from the respondent's custody, control, or possession and

20 the lawful owner agrees to store the firearm, ammunition,

21 and firearm parts that could be assembled to make an

22 operable firearm in a manner such that the respondent does

23 not have access to or control of the firearm, ammunition,

24 and firearm parts that could be assembled to make an

25 operable firearm; and

26 (2) the firearm, ammunition, and firearm parts that

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1 could be assembled to make an operable firearm are not

2 otherwise unlawfully possessed by the owner.

3 The person petitioning for the return of his or her

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

5 to make an operable firearm must swear or affirm by affidavit

6 that he or she: (i) is the lawful owner of the firearm,

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

8 an operable firearm; (ii) shall not transfer the firearm,

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

10 an operable firearm to the respondent; and (iii) will store

11 the firearm, ammunition, and firearm parts that could be

12 assembled to make an operable firearm in a manner that the

13 respondent does not have access to or control of the firearm,

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

15 an operable firearm.

16 (j) If the court does not issue a firearms restraining

17 order at the hearing, the court shall dissolve any emergency

18 firearms restraining order then in effect.

19 (k) When the court issues a firearms restraining order

20 under this Section, the court shall inform the respondent that

21 he or she is entitled to one hearing during the period of the

22 order to request a termination of the order, under Section 45

23 of this Act, and shall provide the respondent with a form to

24 request a hearing.

25 (Source: P.A. 101-81, eff. 7-12-19; 102-237, eff. 1-1-22;

26 102-345, eff. 6-1-22; 102-538, eff. 8-20-21; 102-813, eff.

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1 5-13-22.)

2 (430 ILCS 67/45)

3 Sec. 45. Termination and renewal.

4 (a) A person subject to a firearms restraining order

5 issued under this Act may submit one written request at any

6 time during the effective period of the order for a hearing to

7 terminate the order.

8 (1) The respondent shall have the burden of proving by

9 a preponderance of the evidence that the respondent does

10 not pose a danger of causing personal injury to himself,

11 herself, or another in the near future by having in his or

12 her custody or control, purchasing, possessing, or

13 receiving a firearm, ammunition, and firearm parts that

14 could be assembled to make an operable firearm.

15 (2) If the court finds after the hearing that the

16 respondent has met his or her burden, the court shall

17 terminate the order.

18 (b) A petitioner may request a renewal of a firearms

19 restraining order at any time within the 3 months before the

20 expiration of a firearms restraining order.

21 (1) A court shall, after notice and a hearing, renew a

22 firearms restraining order issued under this part if the

23 petitioner proves, by clear and convincing evidence, that

24 the respondent continues to pose a danger of causing

25 personal injury to himself, herself, or another in the

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1 near future by having in his or her custody or control,

2 purchasing, possessing, or receiving a firearm,

3 ammunition, and firearm parts that could be assembled to

4 make an operable firearm.

5 (2) In determining whether to renew a firearms

6 restraining order issued under this Act, the court shall

7 consider evidence of the facts identified in subsection

8 (e) of Section 40 of this Act and any other evidence of an

9 increased risk for violence.

10 (3) At the hearing, the petitioner shall have the

11 burden of proving by clear and convincing evidence that

12 the respondent continues to pose a danger of causing

13 personal injury to himself, herself, or another in the

14 near future by having in his or her custody or control,

15 purchasing, possessing, or receiving a firearm,

16 ammunition, and firearm parts that could be assembled to

17 make an operable firearm.

18 (4) The renewal of a firearms restraining order issued

19 under this Section shall be in effect for up to one year

20 and may be renewed for an additional period of up to one

21 year ~~6 months~~, subject to termination by further order of

22 the court at a hearing held under this Section and further

23 renewal by further order of the court under this Section.

24 (Source: P.A. 101-81, eff. 7-12-19; 102-345, eff. 6-1-22.)

25 (430 ILCS 67/55)

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1 Sec. 55. Data maintenance by law enforcement agencies.

2 (a) All sheriffs shall furnish to the Illinois State

3 Police, daily, in the form and detail the Illinois State

4 Police ~~Department~~ requires, copies of any recorded firearms

5 restraining orders issued by the court, and any foreign orders

6 of protection filed by the clerk of the court, and transmitted

7 to the sheriff by the clerk of the court under Section 50. Each

8 firearms restraining order shall be entered in the Law

9 Enforcement Agencies Data System (LEADS) on the same day it is

10 issued by the court. If an emergency firearms restraining

11 order was issued in accordance with Section 35 of this Act, the

12 order shall be entered in the Law Enforcement Agencies Data

13 System (LEADS) as soon as possible after receipt from the

14 clerk.

15 (b) The Illinois State Police shall maintain a complete

16 and systematic record and index of all valid and recorded

17 firearms restraining orders issued or filed under this Act.

18 The data shall be used to inform all dispatchers and law

19 enforcement officers at the scene of a violation of a firearms

20 restraining order of the effective dates and terms of any

21 recorded order of protection.

22 (c) The data, records, and transmittals required under

23 this Section shall pertain to any valid emergency or plenary

24 ~~6-month~~ firearms restraining order, whether issued in a civil

25 or criminal proceeding or authorized under the laws of another

26 state, tribe, or United States territory.

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1 (Source: P.A. 101-81, eff. 7-12-19; 102-538, eff. 8-20-21.)

2 Section 25. The Criminal Code of 2012 is amended by

3 changing Section 24-1 and by adding Sections 24-1.9 and

4 24-1.10 as follows:

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

6 Sec. 24-1. Unlawful use of weapons.

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

8 weapons when he knowingly:

9 (1) Sells, manufactures, purchases, possesses or

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

11 sand-bag, metal knuckles or other knuckle weapon

12 regardless of its composition, throwing star, or any

13 knife, commonly referred to as a switchblade knife, which

14 has a blade that opens automatically by hand pressure

15 applied to a button, spring or other device in the handle

16 of the knife, or a ballistic knife, which is a device that

17 propels a knifelike blade as a projectile by means of a

18 coil spring, elastic material or compressed gas; or

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

20 unlawfully against another, a dagger, dirk, billy,

21 dangerous knife, razor, stiletto, broken bottle or other

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

23 deadly weapon or instrument of like character; or

24 (2.5) Carries or possesses with intent to use the same

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1 unlawfully against another, any firearm in a church,

2 synagogue, mosque, or other building, structure, or place

3 used for religious worship; or

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

5 tear gas gun projector or bomb or any object containing

6 noxious liquid gas or substance, other than an object

7 containing a non-lethal noxious liquid gas or substance

8 designed solely for personal defense carried by a person

9 18 years of age or older; or

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

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

12 own abode, legal dwelling, or fixed place of business, or

13 on the land or in the legal dwelling of another person as

14 an invitee with that person's permission, any pistol,

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

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

17 transportation of weapons that meet one of the following

18 conditions:

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

20 (ii) are not immediately accessible; or

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

22 carrying box, shipping box, or other container by a

23 person who has been issued a currently valid Firearm

24 Owner's Identification Card; or

25 (iv) are carried or possessed in accordance with

26 the Firearm Concealed Carry Act by a person who has

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1 been issued a currently valid license under the

2 Firearm Concealed Carry Act; or

3 (5) Sets a spring gun; or

4 (6) Possesses any device or attachment of any kind

5 designed, used or intended for use in silencing the report

6 of any firearm; or

7 (7) Sells, manufactures, purchases, possesses or

8 carries:

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

10 purposes of this subsection as any weapon, which

11 shoots, is designed to shoot, or can be readily

12 restored to shoot, automatically more than one shot

13 without manually reloading by a single function of the

14 trigger, including the frame or receiver of any such

15 weapon, or sells, manufactures, purchases, possesses,

16 or carries any combination of parts designed or

17 intended for use in converting any weapon into a

18 machine gun, or any combination or parts from which a

19 machine gun can be assembled if such parts are in the

20 possession or under the control of a person;

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

22 than 16 inches in length or a shotgun having one or

23 more barrels less than 18 inches in length or any

24 weapon made from a rifle or shotgun, whether by

25 alteration, modification, or otherwise, if such a

26 weapon as modified has an overall length of less than

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1 26 inches; or

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

3 other container containing an explosive substance of

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

5 not limited to, black powder bombs and Molotov

6 cocktails or artillery projectiles; or

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

8 taser or other deadly weapon in any place which is

9 licensed to sell intoxicating beverages, or at any public

10 gathering held pursuant to a license issued by any

11 governmental body or any public gathering at which an

12 admission is charged, excluding a place where a showing,

13 demonstration or lecture involving the exhibition of

14 unloaded firearms is conducted.

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

16 or raffle of a firearm held pursuant to a license or permit

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

18 persons engaged in firearm safety training courses; or

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

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

21 or firearm or ballistic knife, when he or she is hooded,

22 robed or masked in such manner as to conceal his or her

23 identity; or

24 (10) Carries or possesses on or about his or her

25 person, upon any public street, alley, or other public

26 lands within the corporate limits of a city, village, or

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1 incorporated town, except when an invitee thereon or

2 therein, for the purpose of the display of such weapon or

3 the lawful commerce in weapons, or except when on his land

4 or in his or her own abode, legal dwelling, or fixed place

5 of business, or on the land or in the legal dwelling of

6 another person as an invitee with that person's

7 permission, any pistol, revolver, stun gun, or taser or

8 other firearm, except that this subsection (a) (10) does

9 not apply to or affect transportation of weapons that meet

10 one of the following conditions:

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

12 (ii) are not immediately accessible; or

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

14 carrying box, shipping box, or other container by a

15 person who has been issued a currently valid Firearm

16 Owner's Identification Card; or

17 (iv) are carried or possessed in accordance with

18 the Firearm Concealed Carry Act by a person who has

19 been issued a currently valid license under the

20 Firearm Concealed Carry Act.

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

22 means (i) any device which is powered by electrical

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

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

25 hitting a human, can send out a current capable of

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

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

2 device which is powered by electrical charging units, such

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

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

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

6 to render him incapable of normal functioning; or

7 (11) Sells, manufactures, delivers, imports,

8 possesses, or purchases any assault weapon attachment or

9 .50 caliber cartridge in violation of Section 24-1.9 or

10 anyexplosive bullet. For purposes of this paragraph (a)

11 "explosive bullet" means the projectile portion of an

12 ammunition cartridge which contains or carries an

13 explosive charge which will explode upon contact with the

14 flesh of a human or an animal. "Cartridge" means a tubular

15 metal case having a projectile affixed at the front

16 thereof and a cap or primer at the rear end thereof, with

17 the propellant contained in such tube between the

18 projectile and the cap; or

19 (12) (Blank); or

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

21 person while in a building occupied by a unit of

22 government, a billy club, other weapon of like character,

23 or other instrument of like character intended for use as

24 a weapon. For the purposes of this Section, "billy club"

25 means a short stick or club commonly carried by police

26 officers which is either telescopic or constructed of a

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1 solid piece of wood or other man-made material; or

2 (14) Manufactures, possesses, sells, or offers to

3 sell, purchase, manufacture, import, transfer, or use any

4 device, part, kit, tool, accessory, or combination of

5 parts that is designed to and functions to increase the

6 rate of fire of a semiautomatic firearm above the standard

7 rate of fire for semiautomatic firearms that is not

8 equipped with that device, part, or combination of parts;

9 or

10 (15) Carries or possesses any assault weapon or .50

11 caliber rifle in violation of Section 24-1.9; or

12 (16) Manufactures, sells, delivers, imports, or

13 purchases any assault weapon or .50 caliber rifle in

14 violation of Section 24-1.9.

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

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

17 subsection 24-1(a)(11), ~~or~~ subsection 24-1(a)(13), or

18 24-1(a)(15)commits a Class A misdemeanor. A person convicted

19 of a violation of subsection 24-1(a)(8) or 24-1(a)(9) commits

20 a Class 4 felony; a person convicted of a violation of

21 subsection 24-1(a)(6), ~~or~~ 24-1(a)(7)(ii), 24-1(a)(7)(iii), or

22 24-1(a)(16) ~~or (iii)~~commits a Class 3 felony. A person

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

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

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

26 weapon is possessed in the passenger compartment of a motor

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

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

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

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

5 24-1(a)(8), 24-1(a)(9),~~or~~24-1(a)(10), or 24-1(a)(15)

6 commits a Class 3 felony. A person convicted of a violation of

7 subsection 24-1(a)(2.5) or 24-1(a)(14) commits a Class 2

8 felony. The possession of each weapon or device in violation

9 of this Section constitutes a single and separate violation.

10 (c) Violations in specific places.

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

12 24-1(a)(7) in any school, regardless of the time of day or

13 the time of year, in residential property owned, operated

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

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

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

17 real property comprising any school, regardless of the

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

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

20 leased by a public housing agency as part of a scattered

21 site or mixed-income development, on the real property

22 comprising any public park, on the real property

23 comprising any courthouse, in any conveyance owned, leased

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

25 school or a school related activity, in any conveyance

26 owned, leased, or contracted by a public transportation

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1 agency, or on any public way within 1,000 feet of the real

2 property comprising any school, public park, courthouse,

3 public transportation facility, or residential property

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

5 leased by a public housing agency as part of a scattered

6 site or mixed-income development commits a Class 2 felony

7 and shall be sentenced to a term of imprisonment of not

8 less than 3 years and not more than 7 years.

9 (1.5) A person who violates subsection 24-1(a)(4),

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

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

12 property owned, operated, or managed by a public housing

13 agency or leased by a public housing agency as part of a

14 scattered site or mixed-income development, in a public

15 park, in a courthouse, on the real property comprising any

16 school, regardless of the time of day or the time of year,

17 on residential property owned, operated, or managed by a

18 public housing agency or leased by a public housing agency

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

20 on the real property comprising any public park, on the

21 real property comprising any courthouse, in any conveyance

22 owned, leased, or contracted by a school to transport

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

24 in any conveyance owned, leased, or contracted by a public

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

26 feet of the real property comprising any school, public

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1 park, courthouse, public transportation facility, or

2 residential property owned, operated, or managed by a

3 public housing agency or leased by a public housing agency

4 as part of a scattered site or mixed-income development

5 commits a Class 3 felony.

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

7 24-1(a)(2), or 24-1(a)(3) in any school, regardless of the

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

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

10 leased by a public housing agency as part of a scattered

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

12 courthouse, on the real property comprising any school,

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

14 residential property owned, operated or managed by a

15 public housing agency or leased by a public housing agency

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

17 on the real property comprising any public park, on the

18 real property comprising any courthouse, in any conveyance

19 owned, leased or contracted by a school to transport

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

21 in any conveyance owned, leased, or contracted by a public

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

23 feet of the real property comprising any school, public

24 park, courthouse, public transportation facility, or

25 residential property owned, operated, or managed by a

26 public housing agency or leased by a public housing agency

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1 as part of a scattered site or mixed-income development

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

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

4 of this State for the conduct of official business.

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

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

7 security officers of such school, college, or university

8 or to students carrying or possessing firearms for use in

9 training courses, parades, hunting, target shooting on

10 school ranges, or otherwise with the consent of school

11 authorities and which firearms are transported unloaded

12 enclosed in a suitable case, box, or transportation

13 package.

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

15 means any public or private elementary or secondary

16 school, community college, college, or university.

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

18 transportation agency" means a public or private agency

19 that provides for the transportation or conveyance of

20 persons by means available to the general public, except

21 for transportation by automobiles not used for conveyance

22 of the general public as passengers; and "public

23 transportation facility" means a terminal or other place

24 where one may obtain public transportation.

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

26 omnibus of any weapon, instrument or substance referred to in

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

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

3 such automobile at the time such weapon, instrument or

4 substance is found, except under the following circumstances:

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

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

7 such weapon, instrument or substance is found in an automobile

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

9 and proper pursuit of his or her trade, then such presumption

10 shall not apply to the driver.

11 (e) Exemptions.

12 (1) Crossbows, Common or Compound bows and Underwater

13 Spearguns are exempted from the definition of ballistic

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

15 this Section.

16 (2) The provision of paragraph (1) of subsection (a)

17 of this Section prohibiting the sale, manufacture,

18 purchase, possession, or carrying of any knife, commonly

19 referred to as a switchblade knife, which has a blade that

20 opens automatically by hand pressure applied to a button,

21 spring or other device in the handle of the knife, does not

22 apply to a person who possesses a currently valid Firearm

23 Owner's Identification Card previously issued in his or

24 her name by the Illinois State Police or to a person or an

25 entity engaged in the business of selling or manufacturing

26 switchblade knives.

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1 (Source: P.A. 101-223, eff. 1-1-20; 102-538, eff. 8-20-21.)

2 (720 ILCS 5/24-1.9 new)

3 Sec. 24-1.9. Manufacture, possession, delivery, sale, and

4 purchase of assault weapons, .50 caliber rifles, and .50

5 caliber cartridges.

6 (a) Definitions. In this Section:

7 (1) "Assault weapon" means any of the following, except as

8 provided in subdivision (2) of this subsection:

9 (A) A semiautomatic rifle that has the capacity to

10 accept a detachable magazine or that may be readily

11 modified to accept a detachable magazine, if the firearm

12 has one or more of the following:

13 (i) a pistol grip or thumbhole stock;

14 (ii) any feature capable of functioning as a

15 protruding grip that can be held by the non-trigger

16 hand;

17 (iii) a folding, telescoping, thumbhole, or

18 detachable stock, or a stock that is otherwise

19 foldable or adjustable in a manner that operates to

20 reduce the length, size, or any other dimension, or

21 otherwise enhances the concealability of, the weapon;

22 (iv) a flash suppressor;

23 (v) a grenade launcher;

24 (vi) a shroud attached to the barrel or that

25 partially or completely encircles the barrel, allowing

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1 the bearer to hold the firearm with the non-trigger

2 hand without being burned, but excluding a slide that

3 encloses the barrel.

4 (B) A semiautomatic rifle that has a fixed magazine

5 with the capacity to accept more than 10 rounds, except

6 for an attached tubular device designed to accept, and

7 capable of operating only with, .22 caliber rimfire

8 ammunition.

9 (C) A semiautomatic pistol that has the capacity to

10 accept a detachable magazine or that may be readily

11 modified to accept a detachable magazine, if the firearm

12 has one or more of the following:

13 (i) a threaded barrel;

14 (ii) a second pistol grip or another feature

15 capable of functioning as a protruding grip that can

16 be held by the non-trigger hand;

17 (iii) a shroud attached to the barrel or that

18 partially or completely encircles the barrel, allowing

19 the bearer to hold the firearm with the non-trigger

20 hand without being burned, but excluding a slide that

21 encloses the barrel;

22 (iv) a flash suppressor;

23 (v) the capacity to accept a detachable magazine

24 at some location outside of the pistol grip; or

25 (vi) a buffer tube, arm brace, or other part that

26 protrudes horizontally behind the pistol grip and is

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1 designed or redesigned to allow or facilitate a

2 firearm to be fired from the shoulder.

3 (D) A semiautomatic pistol that has a fixed magazine

4 with the capacity to accept more than 15 rounds.

5 (E) Any shotgun with a revolving cylinder.

6 (F) A semiautomatic shotgun that has one or more of

7 the following:

8 (i) a pistol grip or thumbhole stock;

9 (ii) any feature capable of functioning as a

10 protruding grip that can be held by the non-trigger

11 hand;

12 (iii) a folding or thumbhole stock;

13 (iv) a grenade launcher;

14 (v) a fixed magazine with the capacity of more

15 than 5 rounds; or

16 (vi) the capacity to accept a detachable magazine.

17 (G) Any semiautomatic firearm that has the capacity to

18 accept a belt ammunition feeding device.

19 (H) Any firearm that has been modified to be operable

20 as an assault weapon as defined in this Section.

21 (I) Any part or combination of parts designed or

22 intended to convert a firearm into an assault weapon,

23 including any combination of parts from which an assault

24 weapon may be readily assembled if those parts are in the

25 possession or under the control of the same person.

26 (J) All of the following rifles, copies, duplicates,

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1 variants, or altered facsimiles with the capability of any

2 such weapon:

3 (i) All AK types, including the following:

4 (I) AK, AK47, AK47S, AK�74, AKM, AKS, ARM,

5 MAK90, MISR, NHM90, NHM91, SA85, SA93, Vector Arms

6 AK�47, VEPR, WASR�10, and WUM.

7 (II) IZHMASH Saiga AK.

8 (III) MAADI AK47 and ARM.

9 (IV) Norinco 56S, 56S2, 84S, and 86S.

10 (V) Poly Technologies AK47 and AKS.

11 (VI) SKS with a detachable magazine.

12 (ii) all AR types, including the following:

13 (I) AR�10.

14 (II) AR�15.

15 (III) Alexander Arms Overmatch Plus 16.

16 (IV) Armalite M15 22LR Carbine.

17 (V) Armalite M15�T.

18 (VI) Barrett REC7.

19 (VII) Beretta AR�70.

20 (VIII) Black Rain Ordnance Recon Scout.

21 (IX) Bushmaster ACR.

22 (X) Bushmaster Carbon 15.

23 (XI) Bushmaster MOE series.

24 (XII) Bushmaster XM15.

25 (XIII) Chiappa Firearms MFour rifles.

26 (XIV) Colt Match Target rifles.

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1 (XV) CORE Rifle Systems CORE15 rifles.

2 (XVI) Daniel Defense M4A1 rifles.

3 (XVII) Devil Dog Arms 15 Series rifles.

4 (XVIII) Diamondback DB15 rifles.

5 (XIX) DoubleStar AR rifles.

6 (XX) DPMS Tactical rifles.

7 (XXI) DSA Inc. ZM�4 Carbine.

8 (XXII) Heckler & Koch MR556.

9 (XXIII) High Standard HSA�15 rifles.

10 (XXIV) Jesse James Nomad AR�15 rifle.

11 (XXV) Knight's Armament SR�15.

12 (XXVI) Lancer L15 rifles.

13 (XXVII) MGI Hydra Series rifles.

14 (XXVIII) Mossberg MMR Tactical rifles.

15 (XXIX) Noreen Firearms BN 36 rifle.

16 (XXX) Olympic Arms.

17 (XXXI) POF USA P415.

18 (XXXII) Precision Firearms AR rifles.

19 (XXXIII) Remington R�15 rifles.

20 (XXXIV) Rhino Arms AR rifles.

21 (XXXV) Rock River Arms LAR�15 or Rock River

22 Arms LAR�47.

23 (XXXVI) Sig Sauer SIG516 rifles and MCX

24 rifles.

25 (XXXVII) Smith & Wesson M&P15 rifles.

26 (XXXVIII) Stag Arms AR rifles.

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1 (XXXIX) Sturm, Ruger & Co. SR556 and AR�556

2 rifles.

3 (XL) Uselton Arms Air-Lite M�4 rifles.

4 (XLI) Windham Weaponry AR rifles.

5 (XLII) WMD Guns Big Beast.

6 (XLIII) Yankee Hill Machine Company, Inc.

7 YHM�15 rifles.

8 (iii) Barrett M107A1.

9 (iv) Barrett M82A1.

10 (v) Beretta CX4 Storm.

11 (vi) Calico Liberty Series.

12 (vii) CETME Sporter.

13 (viii) Daewoo K�1, K�2, Max 1, Max 2, AR 100, and

14 AR 110C.

15 (ix) Fabrique Nationale/FN Herstal FAL, LAR, 22

16 FNC, 308 Match, L1A1 Sporter, PS90, SCAR, and FS2000.

17 (x) Feather Industries AT�9.

18 (xi) Galil Model AR and Model ARM.

19 (xii) Hi-Point Carbine.

20 (xiii) HK�91, HK�93, HK�94, HK�PSG�1, and HK USC.

21 (xiv) IWI TAVOR, Galil ACE rifle.

22 (xv) Kel-Tec Sub-2000, SU�16, and RFB.

23 (xvi) SIG AMT, SIG PE�57, Sig Sauer SG 550, Sig

24 Sauer SG 551, and SIG MCX.

25 (xvii) Springfield Armory SAR�48.

26 (xviii) Steyr AUG.

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1 (xix) Sturm, Ruger & Co. Mini-14 Tactical Rifle

2 M�14/20CF.

3 (xx) All Thompson rifles, including the following:

4 (I) Thompson M1SB.

5 (II) Thompson T1100D.

6 (III) Thompson T150D.

7 (IV) Thompson T1B.

8 (V) Thompson T1B100D.

9 (VI) Thompson T1B50D.

10 (VII) Thompson T1BSB.

11 (VIII) Thompson T1�C.

12 (IX) Thompson T1D.

13 (X) Thompson T1SB.

14 (XI) Thompson T5.

15 (XII) Thompson T5100D.

16 (XIII) Thompson TM1.

17 (XIV) Thompson TM1C.

18 (xxi) UMAREX UZI rifle.

19 (xxii) UZI Mini Carbine, UZI Model A Carbine, and

20 UZI Model B Carbine.

21 (xxiii) Valmet M62S, M71S, and M78.

22 (xxiv) Vector Arms UZI Type.

23 (xxv) Weaver Arms Nighthawk.

24 (xxvi) Wilkinson Arms Linda Carbine.

25 (K) All of the following pistols, copies, duplicates,

26 variants, or altered facsimiles with the capability of any

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1 such weapon thereof:

2 (i) All AK types, including the following:

3 (I) Centurion 39 AK pistol.

4 (II) CZ Scorpion pistol.

5 (III) Draco AK�47 pistol.

6 (IV) HCR AK�47 pistol.

7 (V) IO Inc. Hellpup AK�47 pistol.

8 (VI) Krinkov pistol.

9 (VII) Mini Draco AK�47 pistol.

10 (VIII) PAP M92 pistol.

11 (IX) Yugo Krebs Krink pistol.

12 (ii) All AR types, including the following:

13 (I) American Spirit AR�15 pistol.

14 (II) Bushmaster Carbon 15 pistol.

15 (III) Chiappa Firearms M4 Pistol GEN II.

16 (IV) CORE Rifle Systems CORE15 Roscoe pistol.

17 (V) Daniel Defense MK18 pistol.

18 (VI) DoubleStar Corporation AR pistol.

19 (VII) DPMS AR�15 pistol.

20 (VIII) Jesse James Nomad AR�15 pistol.

21 (IX) Olympic Arms AR�15 pistol.

22 (X) Osprey Armament MK�18 pistol.

23 (XI) POF USA AR pistols.

24 (XII) Rock River Arms LAR 15 pistol.

25 (XIII) Uselton Arms Air-Lite M�4 pistol.

26 (iii) Calico pistols.

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1 (iv) DSA SA58 PKP FAL pistol.

2 (v) Encom MP�9 and MP�45.

3 (vi) Heckler & Koch model SP�89 pistol.

4 (vii) Intratec AB�10, TEC�22 Scorpion, TEC�9, and

5 TEC�DC9.

6 (viii) IWI Galil Ace pistol, UZI PRO pistol.

7 (ix) Kel-Tec PLR 16 pistol.

8 (x) All MAC types, including the following:

9 (I) MAC�10.

10 (II) MAC�11.

11 (III) Masterpiece Arms MPA A930 Mini Pistol,

12 MPA460 Pistol, MPA Tactical Pistol, and MPA Mini

13 Tactical Pistol.

14 (IV) Military Armament Corp. Ingram M�11.

15 (V) Velocity Arms VMAC.

16 (xi) Sig Sauer P556 pistol.

17 (xii) Sites Spectre.

18 (xiii) All Thompson types, including the

19 following:

20 (I) Thompson TA510D.

21 (II) Thompson TA5.

22 (xiv) All UZI types, including Micro-UZI.

23 (L) All of the following shotguns, copies, duplicates,

24 variants, or altered facsimiles with the capability of any

25 such weapon thereof:

26 (i) DERYA Anakon MC�1980, Anakon SD12.

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1 (ii) Doruk Lethal shotguns.

2 (iii) Franchi LAW�12 and SPAS 12.

3 (iv) All IZHMASH Saiga 12 types, including the

4 following:

5 (I) IZHMASH Saiga 12.

6 (II) IZHMASH Saiga 12S.

7 (III) IZHMASH Saiga 12S EXP�01.

8 (IV) IZHMASH Saiga 12K.

9 (V) IZHMASH Saiga 12K�030.

10 (VI) IZHMASH Saiga 12K�040 Taktika.

11 (v) Streetsweeper.

12 (vi) Striker 12.

13 (2) "Assault weapon" does not include:

14 (A) Any firearm that is an unserviceable firearm or

15 has been made permanently inoperable.

16 (B) An antique firearm or a replica of an antique

17 firearm.

18 (C) A firearm that is manually operated by bolt, pump,

19 lever or slide action, unless the firearm is a shotgun

20 with a revolving cylinder.

21 (D) Any air rifle as defined in Section 24.8-0.1 of

22 this Code.

23 (E) Any handgun, as defined under the Firearm

24 Concealed Carry Act, unless otherwise listed in this

25 Section.

26 (3) "Assault weapon attachment" means any device capable

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1 of being attached to a firearm that is specifically designed

2 for making or converting a firearm into any of the firearms

3 listed in paragraph (1) of this subsection (a).

4 (4) "Antique firearm" has the meaning ascribed to it in 18

5 U.S.C. 921(a)(16).

6 (5) ".50 caliber rifle" means a centerfire rifle capable

7 of firing a .50 caliber cartridge. The term does not include

8 any antique firearm, any shotgun including a shotgun that has

9 a rifle barrel, or any muzzle-loader which uses black powder

10 for hunting or historical reenactments.

11 (6) ".50 caliber cartridge" means a cartridge in .50 BMG

12 caliber, either by designation or actual measurement, that is

13 capable of being fired from a centerfire rifle. The term ".50

14 caliber cartridge" does not include any memorabilia or display

15 item that is filled with a permanent inert substance or that is

16 otherwise permanently altered in a manner that prevents ready

17 modification for use as live ammunition or shotgun ammunition

18 with a caliber measurement that is equal to or greater than .50

19 caliber.

20 (7) "Detachable magazine" means an ammunition feeding

21 device that may be removed from a firearm without disassembly

22 of the firearm action, including an ammunition feeding device

23 that may be readily removed from a firearm with the use of a

24 bullet, cartridge, accessory, or other tool, or any other

25 object that functions as a tool, including a bullet or

26 cartridge.

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1 (8) "Fixed magazine" means an ammunition feeding device

2 that is permanently attached to a firearm, or contained in and

3 not removable from a firearm, or that is otherwise not a

4 detachable magazine, but does not include an attached tubular

5 device designed to accept, and capable of operating only with,

6 .22 caliber rimfire ammunition.

7 (b) Except as provided in subsections (c), (d), and (e),

8 on or after the effective date of this amendatory Act of the

9 102nd General Assembly, it is unlawful for any person within

10 this State to knowingly manufacture, deliver, sell, import, or

11 purchase or cause to be manufactured, delivered, sold,

12 imported, or purchased by another, an assault weapon, assault

13 weapon attachment, .50 caliber rifle, or .50 caliber

14 cartridge.

15 (c) Except as otherwise provided in subsection (d),

16 beginning January 1, 2024, it is unlawful for any person

17 within this State to knowingly possess an assault weapon,

18 assault weapon attachment, .50 caliber rifle, or .50 caliber

19 cartridge.

20 (d) This Section does not apply to a person's possession

21 of an assault weapon, assault weapon attachment, .50 caliber

22 rifle, or .50 caliber cartridge device if the person lawfully

23 possessed that assault weapon, assault weapon attachment, .50

24 caliber rifle, or .50 caliber cartridge prohibited by

25 subsection (c) of this Section, if the person has provided in

26 an endorsement affidavit, prior to January 1, 2024, under oath

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1 or affirmation and in the form and manner prescribed by the

2 Illinois State Police, no later than October 1, 2023:

3 (1) the affiant's Firearm Owner's Identification Card

4 number;

5 (2) an affirmation that the affiant: (i) possessed an

6 assault weapon, assault weapon attachment, .50 caliber

7 rifle, or .50 caliber cartridge before the effective date

8 of this amendatory Act of the 102nd General Assembly; or

9 (ii) inherited the assault weapon, assault weapon

10 attachment, .50 caliber rifle, or .50 caliber cartridge

11 from a person with an endorsement under this Section or

12 from a person authorized under subdivisions (1) through

13 (5) of subsection (e) to possess the assault weapon,

14 assault weapon attachment, .50 caliber rifle, or .50

15 caliber cartridge; and

16 (3) the make, model, caliber, and serial number of the

17 .50 caliber rifle or assault weapon or assault weapons

18 listed in paragraphs (J), (K), and (L) of subdivision (1)

19 of subsection (a) of this Section possessed by the affiant

20 prior to the effective date of this amendatory Act of the

21 102nd General Assembly and any assault weapons identified

22 and published by the Illinois State Police pursuant to

23 this subdivision (3). No later than October 1, 2023, and

24 every October 1 thereafter, the Illinois State Police

25 shall, via rulemaking, identify, publish, and make

26 available on its website, the list of assault weapons

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1 subject to an endorsement affidavit under this subsection

2 (d). The list shall identify, but is not limited to, the

3 copies, duplicates, variants, and altered facsimiles of

4 the assault weapons identified in paragraphs (J), (K), and

5 (L) of subdivision (1) of subsection (a) of this Section

6 and shall be consistent with the definition of "assault

7 weapon" identified in this Section. The Illinois State

8 Police may adopt emergency rulemaking in accordance with

9 Section 5-45 of the Illinois Administrative Procedure Act.

10 The adoption of emergency rules authorized by Section 5-45

11 of the Illinois Administrative Procedure Act and this

12 paragraph is deemed to be necessary for the public

13 interest, safety, and welfare.

14 The affidavit form shall include the following statement

15 printed in bold type: "Warning: Entering false information on

16 this form is punishable as perjury under Section 32-2 of the

17 Criminal Code of 2012. Entering false information on this form

18 is a violation of the Firearm Owners Identification Card Act."

19 In any administrative, civil, or criminal proceeding in

20 this State, a completed endorsement affidavit submitted to the

21 Illinois State Police by a person under this Section creates a

22 rebuttable presumption that the person is entitled to possess

23 and transport the assault weapon, assault weapon attachment,

24 .50 caliber rifle, or .50 caliber cartridge.

25 Beginning 90 days after the effective date of this

26 amendatory Act of the 102nd General Assembly, a person

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1 authorized under this Section to possess an assault weapon,

2 assault weapon attachment, .50 caliber rifle, or .50 caliber

3 cartridge shall possess such items only:

4 (1) on private property owned or immediately

5 controlled by the person;

6 (2) on private property that is not open to the public

7 with the express permission of the person who owns or

8 immediately controls such property;

9 (3) while on the premises of a licensed firearms

10 dealer or gunsmith for the purpose of lawful repair;

11 (4) while engaged in the legal use of the assault

12 weapon, assault weapon attachment, .50 caliber rifle, or

13 .50 caliber cartridge at a properly licensed firing range

14 or sport shooting competition venue; or

15 (5) while traveling to or from these locations,

16 provided that the assault weapon, assault weapon

17 attachment, or .50 caliber rifle is unloaded and the

18 assault weapon, assault weapon attachment, .50 caliber

19 rifle, or .50 caliber cartridge is enclosed in a case,

20 firearm carrying box, shipping box, or other container.

21 Beginning on January 1, 2024, the person with the

22 endorsement for an assault weapon, assault weapon attachment,

23 .50 caliber rifle, or .50 caliber cartridge or a person

24 authorized under subdivisions (1) through (5) of subsection

25 (e) to possess an assault weapon, assault weapon attachment,

26 .50 caliber rifle, or .50 caliber cartridge may transfer the

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LRB102 24372 RLC 42574 a

1 assault weapon, assault weapon attachment, .50 caliber rifle,

2 or .50 caliber cartridge only to an heir, an individual

3 residing in another state maintaining it in another state, or

4 a dealer licensed as a federal firearms dealer under Section

5 923 of the federal Gun Control Act of 1968. Within 10 days

6 after transfer of the weapon except to an heir, the person

7 shall notify the Illinois State Police of the name and address

8 of the transferee and comply with the requirements of

9 subsection (b) of Section 3 of the Firearm Owners

10 Identification Card Act. The person to whom the weapon or

11 ammunition is transferred shall, within 60 days of the

12 transfer, complete an affidavit required under this Section. A

13 person to whom the weapon is transferred may transfer it only

14 as provided in this subsection.

15 Except as provided in subsection (e) and beginning on

16 January 1, 2024, any person who moves into this State in

17 possession of an assault weapon, assault weapon attachment,

18 .50 caliber rifle, or .50 caliber cartridge shall, within 60

19 days, apply for a Firearm Owners Identification Card and

20 complete an endorsement application as outlined in subsection

21 (d).

22 Notwithstanding any other law, information contained in

23 the endorsement affidavit shall be confidential, is exempt

24 from disclosure under the Freedom of Information Act, and

25 shall not be disclosed, except to law enforcement agencies

26 acting in the performance of their duties.

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1 (e) The provisions of this Section regarding the purchase

2 or possession of assault weapons, assault weapon attachments,

3 .50 caliber rifles, and .50 cartridges, as well as the

4 provisions of this Section that prohibit causing those items

5 to be purchased or possessed, do not apply to:

6 (1) Peace officers, as defined in Section 2-13 of this

7 Code.

8 (2) Qualified law enforcement officers and qualified

9 retired law enforcement officers as defined in the Law

10 Enforcement Officers Safety Act of 2004 (18 U.S.C. 926B

11 and 926C) and as recognized under Illinois law.

12 (3) Acquisition and possession by a federal, State, or

13 local law enforcement agency for the purpose of equipping

14 the agency's peace officers as defined in paragraph (1) or

15 (2) of this subsection (e).

16 (4) Wardens, superintendents, and keepers of prisons,

17 penitentiaries, jails, and other institutions for the

18 detention of persons accused or convicted of an offense.

19 (5) Members of the Armed Services or Reserve Forces of

20 the United States or the Illinois National Guard, while

21 performing their official duties or while traveling to or

22 from their places of duty.

23 (6) Any company that employs armed security officers

24 in this State at a nuclear energy, storage, weapons, or

25 development site or facility regulated by the federal

26 Nuclear Regulatory Commission and any person employed as

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1 an armed security force member at a nuclear energy,

2 storage, weapons, or development site or facility

3 regulated by the federal Nuclear Regulatory Commission who

4 has completed the background screening and training

5 mandated by the rules and regulations of the federal

6 Nuclear Regulatory Commission and while performing

7 official duties.

8 (7) Any private security contractor agency licensed

9 under the Private Detective, Private Alarm, Private

10 Security, Fingerprint Vendor, and Locksmith Act of 2004

11 that employs private security contractors and any private

12 security contractor who is licensed and has been issued a

13 firearm control card under the Private Detective, Private

14 Alarm, Private Security, Fingerprint Vendor, and Locksmith

15 Act of 2004 while performing official duties.

16 The provisions of this Section do not apply to the

17 manufacture, delivery, sale, import, purchase, or possession

18 of an assault weapon, assault weapon attachment, .50 caliber

19 rifle, or .50 caliber cartridge or causing the manufacture,

20 delivery, sale, importation, purchase, or possession of those

21 items:

22 (A) for sale or transfer to persons authorized under

23 subdivisions (1) through (6) of this subsection (e) to

24 possess those items;

25 (B) for sale or transfer to the United States or any

26 department or agency thereof; or

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LRB102 24372 RLC 42574 a

1 (C) for sale or transfer in another state or for

2 export.

3 This Section does not apply to or affect any of the

4 following:

5 (i) Possession of any firearm if that firearm is

6 sanctioned by the International Olympic Committee and by

7 USA Shooting, the national governing body for

8 international shooting competition in the United States,

9 but only when the firearm is in the actual possession of an

10 Olympic target shooting competitor or target shooting

11 coach for the purpose of storage, transporting to and from

12 Olympic target shooting practice or events if the firearm

13 is broken down in a nonfunctioning state, is not

14 immediately accessible, or is unloaded and enclosed in a

15 firearm case, carrying box, shipping box, or other similar

16 portable container designed for the safe transportation of

17 firearms, and when the Olympic target shooting competitor

18 or target shooting coach is engaging in those practices or

19 events. For the purposes of this paragraph (8), "firearm"

20 has the meaning provided in Section 1.1 of the Firearm

21 Owners Identification Card Act.

22 (ii) Any nonresident who transports, within 24 hours,

23 a weapon for any lawful purpose from any place where the

24 nonresident may lawfully possess and carry that weapon to

25 any other place where the nonresident may lawfully possess

26 and carry that weapon if, during the transportation, the

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1 weapon is unloaded, and neither the weapon nor any

2 ammunition being transported is readily accessible or is

3 directly accessible from the passenger compartment of the

4 transporting vehicle. In the case of a vehicle without a

5 compartment separate from the driver's compartment, the

6 weapon or ammunition shall be contained in a locked

7 container other than the glove compartment or console.

8 (iii) Possession of a weapon at an event taking place

9 at the World Shooting and Recreational Complex at Sparta,

10 only while engaged in the legal use of the weapon, or while

11 traveling to or from that location if the weapon is broken

12 down in a nonfunctioning state, is not immediately

13 accessible, or is unloaded and enclosed in a firearm case,

14 carrying box, shipping box, or other similar portable

15 container designed for the safe transportation of

16 firearms.

17 (iv) Possession of a weapon only for hunting use

18 expressly permitted under the Wildlife Code, or while

19 traveling to or from a location authorized for this

20 hunting use under the Wildlife Code if the weapon is

21 broken down in a nonfunctioning state, is not immediately

22 accessible, or is unloaded and enclosed in a firearm case,

23 carrying box, shipping box, or other similar portable

24 container designed for the safe transportation of

25 firearms. By October 1, 2023, the Illinois State Police,

26 in consultation with the Department of Natural Resources,

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LRB102 24372 RLC 42574 a

1 shall adopt rules concerning the list of applicable

2 weapons approved under this subparagraph (iv). The

3 Illinois State Police may adopt emergency rules in

4 accordance with Section 5-45 of the Illinois

5 Administrative Procedure Act. The adoption of emergency

6 rules authorized by Section 5-45 of the Illinois

7 Administrative Procedure Act and this paragraph is deemed

8 to be necessary for the public interest, safety, and

9 welfare.

10 (v) The manufacture, transportation, possession, sale,

11 or rental of blank-firing assault weapons and .50 caliber

12 rifles, or the weapon's respective attachments, to persons

13 authorized or permitted, or both authorized and permitted,

14 to acquire and possess these weapons or attachments for

15 the purpose of rental for use solely as props for a motion

16 picture, television, or video production or entertainment

17 event.

18 Any person not subject to this Section may submit an

19 endorsement affidavit if the person chooses.

20 (f) Any sale or transfer with a background check initiated

21 to the Illinois State Police on or before the effective date of

22 this amendatory Act of the 102nd General Assembly is allowed

23 to be completed after the effective date of this amendatory

24 Act once an approval is issued by the Illinois State Police and

25 any applicable waiting period under Section 24-3 has expired.

26 (g) The Illinois State Police shall take all steps

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LRB102 24372 RLC 42574 a

1 necessary to carry out the requirements of this Section within

2 by October 1, 2023.

3 (h) The Department of the State Police shall also develop

4 and implement a public notice and public outreach campaign to

5 promote awareness about the provisions of this amendatory Act

6 of the 102nd General Assembly and to increase compliance with

7 this Section.

8 (720 ILCS 5/24-1.10 new)

9 Sec. 24-1.10. Manufacture, delivery, sale, and possession

10 of large capacity ammunition feeding devices.

11 (a) In this Section:

12 "Handgun" has the meaning ascribed to it in the Firearm

13 Concealed Carry Act.

14 "Long gun" means a rifle or shotgun.

15 "Large capacity ammunition feeding device" means:

16 (1) a magazine, belt, drum, feed strip, or similar

17 device that has a capacity of, or that can be readily

18 restored or converted to accept, more than 10 rounds of

19 ammunition for long guns and more than 15 rounds of

20 ammunition for handguns; or

21 (2) any combination of parts from which a device

22 described in paragraph (1) can be assembled.

23 "Large capacity ammunition feeding device" does not

24 include an attached tubular device designed to accept, and

25 capable of operating only with, .22 caliber rimfire

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LRB102 24372 RLC 42574 a

1 ammunition. "Large capacity ammunition feeding device" does

2 not include a tubular magazine that is contained in a

3 lever-action firearm or any device that has been made

4 permanently inoperable.

5 (b) Except as provided in subsections (e) and (f), it is

6 unlawful for any person within this State to knowingly

7 manufacture, deliver, sell, purchase, or cause to be

8 manufactured, delivered, sold, or purchased a large capacity

9 ammunition feeding device.

10 (c) Except as provided in subsections (d), (e), and (f),

11 and beginning 90 days after the effective date of this

12 amendatory Act of the 102nd General Assembly, it is unlawful

13 to knowingly possess a large capacity ammunition feeding

14 device.

15 (d) Subsection (b) does not apply to a person's possession

16 of a large capacity ammunition feeding device if the person

17 lawfully possessed that large capacity ammunition feeding

18 device before the effective date of this amendatory Act of the

19 102nd General Assembly, provided that the person shall possess

20 such device only:

21 (1) on private property owned or immediately

22 controlled by the person;

23 (2) on private property that is not open to the public

24 with the express permission of the person who owns or

25 immediately controls such property;

26 (3) while on the premises of a licensed firearms

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LRB102 24372 RLC 42574 a

1 dealer or gunsmith for the purpose of lawful repair;

2 (4) while engaged in the legal use of the large

3 capacity ammunition feeding device at a properly licensed

4 firing range or sport shooting competition venue; or

5 (5) while traveling to or from these locations,

6 provided that the large capacity ammunition feeding device

7 is stored unloaded and enclosed in a case, firearm

8 carrying box, shipping box, or other container.

9 A person authorized under this Section to possess a large

10 capacity ammunition feeding device may transfer the large

11 capacity ammunition feeding device only to an heir, an

12 individual residing in another state maintaining it in another

13 state, or a dealer licensed as a federal firearms dealer under

14 Section 923 of the federal Gun Control Act of 1968. Within 10

15 days after transfer of the large capacity ammunition feeding

16 device except to an heir, the person shall notify the Illinois

17 State Police of the name and address of the transferee and

18 comply with the requirements of subsection (b) of Section 3 of

19 the Firearm Owners Identification Card Act. The person to whom

20 the large capacity ammunition feeding device is transferred

21 shall, within 60 days of the transfer, notify the Illinois

22 State Police of the person's acquisition and comply with the

23 requirements of subsection (b) of Section 3 of the Firearm

24 Owners Identification Card Act. A person to whom the large

25 capacity ammunition feeding device is transferred may transfer

26 it only as provided in this subsection.

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LRB102 24372 RLC 42574 a

1 Except as provided in subsections (e) and (f) and

2 beginning 90 days after the effective date of this amendatory

3 Act of the 102nd General Assembly, any person who moves into

4 this State in possession of a large capacity ammunition

5 feeding device shall, within 60 days, apply for a Firearm

6 Owners Identification Card.

7 (e) The provisions of this Section regarding the purchase

8 or possession of large capacity ammunition feeding devices, as

9 well as the provisions of this Section that prohibit causing

10 those items to be purchased or possessed, do not apply to:

11 (1) Peace officers as defined in Section 2-13 of this

12 Code.

13 (2) Qualified law enforcement officers and qualified

14 retired law enforcement officers as defined in the Law

15 Enforcement Officers Safety Act of 2004 (18 U.S.C. 926B

16 and 926C) and as recognized under Illinois law.

17 (3) A federal, State, or local law enforcement agency

18 for the purpose of equipping the agency's peace officers

19 as defined in paragraph (1) or (2) of this subsection (e).

20 (4) Wardens, superintendents, and keepers of prisons,

21 penitentiaries, jails, and other institutions for the

22 detention of persons accused or convicted of an offense.

23 (5) Members of the Armed Services or Reserve Forces of

24 the United States or the Illinois National Guard, while

25 their official duties or while traveling to or from their

26 places of duty.

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1 (6) Any company that employs armed security officers

2 in this State at a nuclear energy, storage, weapons, or

3 development site or facility regulated by the federal

4 Nuclear Regulatory Commission and any person employed as

5 an armed security force member at a nuclear energy,

6 storage, weapons, or development site or facility

7 regulated by the federal Nuclear Regulatory Commission who

8 has completed the background screening and training

9 mandated by the rules and regulations of the federal

10 Nuclear Regulatory Commission and while performing

11 official duties.

12 (7) Any private security contractor agency licensed

13 under the Private Detective, Private Alarm, Private

14 Security, Fingerprint Vendor, and Locksmith Act of 2004

15 that employs private security contractors and any private

16 security contractor who is licensed and has been issued a

17 firearm control card under the Private Detective, Private

18 Alarm, Private Security, Fingerprint Vendor, and Locksmith

19 Act of 2004 while performing official duties.

20 (f) This Section does not apply to or affect any of the

21 following:

22 (1) Manufacture, delivery, sale, importation,

23 purchase, or possession or causing to be manufactured,

24 delivered, sold, imported, purchased, or possessed a large

25 capacity ammunition feeding device:

26 (A) for sale or transfer to persons authorized

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1 under subdivisions (1) through (7) of subsection (e)

2 to possess those items;

3 (B) for sale or transfer to the United States or

4 any department or agency thereof; or

5 (C) for sale or transfer in another state or for

6 export.

7 (2) Sale or rental of large capacity ammunition

8 feeding devices for blank-firing assault weapons and .50

9 caliber rifles, to persons authorized or permitted, or

10 both authorized and permitted, to acquire these devices

11 for the purpose of rental for use solely as props for a

12 motion picture, television, or video production or

13 entertainment event.

14 (g) Sentence. A person who knowingly manufactures,

15 delivers, sells, purchases, possesses, or causes to be

16 manufactured, delivered, sold, possessed, or purchased in

17 violation of this Section a large capacity ammunition feeding

18 device capable of holding more than 10 rounds of ammunition

19 for long guns or more than 15 rounds of ammunition for handguns

20 commits a petty offense with a fine of $1,000 for each

21 violation.

22 (h) The Department of the State Police shall also develop

23 and implement a public notice and public outreach campaign to

24 promote awareness about the provisions of this amendatory Act

25 of the 102nd General Assembly and to increase compliance with

26 this Section.

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1 Section 95. No acceleration or delay. Where this Act makes

2 changes in a statute that is represented in this Act by text

3 that is not yet or no longer in effect (for example, a Section

4 represented by multiple versions), the use of that text does

5 not accelerate or delay the taking effect of (i) the changes

6 made by this Act or (ii) provisions derived from any other

7 Public Act.

8 Section 97. Severability. The provisions of this Act are

9 severable under Section 1.31 of the Statute on Statutes.

10 Section 99. Effective date. This Act takes effect upon

11 becoming law.".