103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB1564
 
Introduced , by Rep. Dave Severin
 
SYNOPSIS AS INTRODUCED:



      
5 ILCS 140/7.5
430 ILCS 65/8 from Ch. 38, par. 83-8
430 ILCS 65/4.1 rep.
430 ILCS 67/40
430 ILCS 67/45
430 ILCS 67/55
720 ILCS 5/24-1 from Ch. 38, par. 24-1
720 ILCS 5/24-1.9 rep.
720 ILCS 5/24-1.10 rep.

 Repeals the provisions of Public Act 102-1116 that make amendatory changes to the Firearms Restraining Order Act that provide that a petitioner for a firearms restraining order may request a plenary firearms restraining order of up to one-year, but not less than 6 months (restores the 6 months provision). Repeals provisions that the firearms restraining order may be renewed for an additional period of up to one year. Repeals amendatory provisions of the Criminal Code of 2012 making it unlawful, beginning January 1, 2024, for any person within the State to knowingly possess an assault weapon, assault weapon attachment, .50 caliber rifle, or .50 caliber cartridge, with exemptions. Repeals provisions that make it unlawful for any person within the State to knowingly manufacture, deliver, sell, purchase, or cause to be manufactured, delivered, sold, or purchased a large capacity ammunition feeding device, with specified exemptions. Repeals amendatory provisions of the Criminal Code of 2012 that prohibit the manufacture, possession, sale, or offer to
sell, purchase, manufacture, import, transfer, or use any
device, part, kit, tool, accessory, or combination of
parts that is designed to and functions to increase the
rate of fire of a semiautomatic firearm above the standard
rate of fire for semiautomatic firearms that is not equipped with that device, part, or combination of parts. Repeals amendatory provisions of the Freedom of Information Act that exempt from disclosure under the Act certain information concerning assault weapons endorsements received by the Illinois State Police. Effective immediately.



LRB103 25741 RLC 52090 b


 
 
A BILL FOR
 


HB1564LRB103 25741 RLC 52090 b



1 AN ACT concerning criminal law.


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

3represented in the General Assembly:



4 Section 5. The Freedom of Information Act is amended by 
5changing Section 7.5 as follows:



6 (5 ILCS 140/7.5)



7 Sec. 7.5. Statutory exemptions. To the extent provided for 
8by the statutes referenced below, the following shall be 
9exempt 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 
 
 
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1 to known or suspected cases of sexually transmissible 
2 disease or any information the disclosure of which is 
3 restricted under the Illinois Sexually Transmissible 
4 Disease Control Act.
5  (e) Information the disclosure of which is exempted 
6 under Section 30 of the Radon Industry Licensing Act.
7  (f) Firm performance evaluations under Section 55 of 
8 the Architectural, Engineering, and Land Surveying 
9 Qualifications Based Selection Act.
10  (g) Information the disclosure of which is restricted 
11 and exempted under Section 50 of the Illinois Prepaid 
12 Tuition Act.
13  (h) Information the disclosure of which is exempted 
14 under the State Officials and Employees Ethics Act, and 
15 records of any lawfully created State or local inspector 
16 general's office that would be exempt if created or 
17 obtained by an Executive Inspector General's office under 
18 that Act.
19  (i) Information contained in a local emergency energy 
20 plan submitted to a municipality in accordance with a 
21 local emergency energy plan ordinance that is adopted 
22 under Section 11-21.5-5 of the Illinois Municipal Code.
23  (j) Information and data concerning the distribution 
24 of surcharge moneys collected and remitted by carriers 
25 under the Emergency Telephone System Act.
26  (k) Law enforcement officer identification information 
 
 
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1 or driver identification information compiled by a law 
2 enforcement agency or the Department of Transportation 
3 under Section 11-212 of the Illinois Vehicle Code.
4  (l) Records and information provided to a residential 
5 health care facility resident sexual assault and death 
6 review team or the Executive Council under the Abuse 
7 Prevention Review Team Act.
8  (m) Information provided to the predatory lending 
9 database created pursuant to Article 3 of the Residential 
10 Real Property Disclosure Act, except to the extent 
11 authorized under that Article.
12  (n) Defense budgets and petitions for certification of 
13 compensation and expenses for court appointed trial 
14 counsel as provided under Sections 10 and 15 of the 
15 Capital Crimes Litigation Act. This subsection (n) shall 
16 apply until the conclusion of the trial of the case, even 
17 if the prosecution chooses not to pursue the death penalty 
18 prior to trial or sentencing.
19  (o) Information that is prohibited from being 
20 disclosed under Section 4 of the Illinois Health and 
21 Hazardous Substances Registry Act.
22  (p) Security portions of system safety program plans, 
23 investigation reports, surveys, schedules, lists, data, or 
24 information compiled, collected, or prepared by or for the 
25 Department of Transportation under Sections 2705-300 and 
26 2705-616 of the Department of Transportation Law of the 
 
 
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1 Civil Administrative Code of Illinois, the Regional 
2 Transportation Authority under Section 2.11 of the 
3 Regional Transportation Authority Act, or the St. Clair 
4 County Transit District under the Bi-State Transit Safety 
5 Act. 
6  (q) Information prohibited from being disclosed by the 
7 Personnel Record Review Act. 
8  (r) Information prohibited from being disclosed by the 
9 Illinois School Student Records Act. 
10  (s) Information the disclosure of which is restricted 
11 under Section 5-108 of the Public Utilities Act. 

12  (t) All identified or deidentified health information 
13 in the form of health data or medical records contained 
14 in, stored in, submitted to, transferred by, or released 
15 from the Illinois Health Information Exchange, and 
16 identified or deidentified health information in the form 
17 of health data and medical records of the Illinois Health 
18 Information Exchange in the possession of the Illinois 
19 Health Information Exchange Office due to its 
20 administration of the Illinois Health Information 
21 Exchange. The terms "identified" and "deidentified" shall 
22 be given the same meaning as in the Health Insurance 
23 Portability and Accountability Act of 1996, Public Law 
24 104-191, or any subsequent amendments thereto, and any 
25 regulations promulgated thereunder. 
26  (u) Records and information provided to an independent 
 
 
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1 team of experts under the Developmental Disability and 
2 Mental Health Safety Act (also known as Brian's Law). 
3  (v) Names and information of people who have applied 
4 for or received Firearm Owner's Identification Cards under 
5 the Firearm Owners Identification Card Act or applied for 
6 or received a concealed carry license under the Firearm 
7 Concealed Carry Act, unless otherwise authorized by the 
8 Firearm Concealed Carry Act; and databases under the 
9 Firearm Concealed Carry Act, records of the Concealed 
10 Carry Licensing Review Board under the Firearm Concealed 
11 Carry Act, and law enforcement agency objections under the 
12 Firearm Concealed Carry Act. 
13  (v-5) Records of the Firearm Owner's Identification 
14 Card Review Board that are exempted from disclosure under 
15 Section 10 of the Firearm Owners Identification Card Act.
16  (w) Personally identifiable information which is 
17 exempted from disclosure under subsection (g) of Section 
18 19.1 of the Toll Highway Act.
19  (x) Information which is exempted from disclosure 
20 under Section 5-1014.3 of the Counties Code or Section 
21 8-11-21 of the Illinois Municipal Code. 
22  (y) Confidential information under the Adult 
23 Protective Services Act and its predecessor enabling 
24 statute, the Elder Abuse and Neglect Act, including 
25 information about the identity and administrative finding 
26 against any caregiver of a verified and substantiated 
 
 
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1 decision of abuse, neglect, or financial exploitation of 
2 an eligible adult maintained in the Registry established 
3 under Section 7.5 of the Adult Protective Services Act. 
4  (z) Records and information provided to a fatality 
5 review team or the Illinois Fatality Review Team Advisory 
6 Council under Section 15 of the Adult Protective Services 
7 Act. 
8  (aa) Information which is exempted from disclosure 
9 under Section 2.37 of the Wildlife Code. 
10  (bb) Information which is or was prohibited from 
11 disclosure by the Juvenile Court Act of 1987. 
12  (cc) Recordings made under the Law Enforcement 
13 Officer-Worn Body Camera Act, except to the extent 
14 authorized under that Act.
15  (dd) Information that is prohibited from being 
16 disclosed under Section 45 of the Condominium and Common 
17 Interest Community Ombudsperson Act. 
18  (ee) Information that is exempted from disclosure 
19 under Section 30.1 of the Pharmacy Practice Act. 
20  (ff) Information that is exempted from disclosure 
21 under the Revised Uniform Unclaimed Property Act. 
22  (gg) Information that is prohibited from being 
23 disclosed under Section 7-603.5 of the Illinois Vehicle 
24 Code. 
25  (hh) Records that are exempt from disclosure under 
26 Section 1A-16.7 of the Election Code. 
 
 
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1  (ii) Information which is exempted from disclosure 
2 under Section 2505-800 of the Department of Revenue Law of 
3 the Civil Administrative Code of Illinois. 
4  (jj) Information and reports that are required to be 
5 submitted to the Department of Labor by registering day 
6 and temporary labor service agencies but are exempt from 
7 disclosure under subsection (a-1) of Section 45 of the Day 
8 and Temporary Labor Services Act. 
9  (kk) Information prohibited from disclosure under the 
10 Seizure and Forfeiture Reporting Act. 
11  (ll) Information the disclosure of which is restricted 
12 and exempted under Section 5-30.8 of the Illinois Public 
13 Aid Code. 
14  (mm) Records that are exempt from disclosure under 
15 Section 4.2 of the Crime Victims Compensation Act. 
16  (nn) Information that is exempt from disclosure under 
17 Section 70 of the Higher Education Student Assistance Act. 
18  (oo) Communications, notes, records, and reports 
19 arising out of a peer support counseling session 
20 prohibited from disclosure under the First Responders 
21 Suicide Prevention Act. 
22  (pp) Names and all identifying information relating to 
23 an employee of an emergency services provider or law 
24 enforcement agency under the First Responders Suicide 
25 Prevention Act. 
26  (qq) Information and records held by the Department of 
 
 
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1 Public Health and its authorized representatives collected 
2 under the Reproductive Health Act. 
3  (rr) Information that is exempt from disclosure under 
4 the Cannabis Regulation and Tax Act. 
5  (ss) Data reported by an employer to the Department of 
6 Human Rights pursuant to Section 2-108 of the Illinois 
7 Human Rights Act.
8  (tt) Recordings made under the Children's Advocacy 
9 Center Act, except to the extent authorized under that 
10 Act. 
11  (uu) Information that is exempt from disclosure under 
12 Section 50 of the Sexual Assault Evidence Submission Act. 
13  (vv) Information that is exempt from disclosure under 
14 subsections (f) and (j) of Section 5-36 of the Illinois 
15 Public Aid Code. 
16  (ww) Information that is exempt from disclosure under 
17 Section 16.8 of the State Treasurer Act. 
18  (xx) Information that is exempt from disclosure or 
19 information that shall not be made public under the 
20 Illinois Insurance Code. 
21  (yy) Information prohibited from being disclosed under 
22 the Illinois Educational Labor Relations Act.
23  (zz) Information prohibited from being disclosed under 
24 the Illinois Public Labor Relations Act. 
25  (aaa) Information prohibited from being disclosed 
26 under Section 1-167 of the Illinois Pension Code. 
 
 
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1  (bbb) Information that is prohibited from disclosure 
2 by the Illinois Police Training Act and the Illinois State 
3 Police Act. 
4  (ccc) Records exempt from disclosure under Section

5 2605-304 of the Illinois State Police Law of the Civil

6 Administrative Code of Illinois. 
7  (ddd) Information prohibited from being disclosed 
8 under Section 35 of the Address Confidentiality for 
9 Victims of Domestic Violence, Sexual Assault, Human 
10 Trafficking, or Stalking Act. 
11  (eee) Information prohibited from being disclosed 
12 under subsection (b) of Section 75 of the Domestic 
13 Violence Fatality Review Act. 
14  (fff) Images from cameras under the Expressway Camera 
15 Act. This subsection (fff) is inoperative on and after 
16 July 1, 2023. 
17  (ggg) Information prohibited from disclosure under 
18 paragraph (3) of subsection (a) of Section 14 of the Nurse 
19 Agency Licensing Act. 
20  (hhh) Information submitted to the Department of State 
21 Police in an affidavit or application for an assault 
22 weapon endorsement, assault weapon attachment endorsement, 
23 .50 caliber rifle endorsement, or .50 caliber cartridge 
24 endorsement under the Firearm Owners Identification Card 
25 Act. 
26(Source: P.A. 101-13, eff. 6-12-19; 101-27, eff. 6-25-19; 
 
 
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1101-81, eff. 7-12-19; 101-221, eff. 1-1-20; 101-236, eff. 
21-1-20; 101-375, eff. 8-16-19; 101-377, eff. 8-16-19; 101-452, 
3eff. 1-1-20; 101-466, eff. 1-1-20; 101-600, eff. 12-6-19; 
4101-620, eff 12-20-19; 101-649, eff. 7-7-20; 101-652, eff. 
51-1-22; 101-656, eff. 3-23-21; 102-36, eff. 6-25-21; 102-237, 
6eff. 1-1-22; 102-292, eff. 1-1-22; 102-520, eff. 8-20-21; 
7102-559, eff. 8-20-21; 102-813, eff. 5-13-22; 102-946, eff. 
87-1-22; 102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23.)

9 Section 10. The Firearm Owners Identification Card Act is 
10amended by changing Section 8 as follows:



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

12 Sec. 8. Grounds for denial and revocation. The Illinois 
13State Police has authority to deny an
application for or to 
14revoke and seize a Firearm Owner's Identification
Card 
15previously issued under this Act only if the Illinois State 
16Police finds that the
applicant or the person to whom such card 
17was 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 
 
 
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1 and possess firearms and firearm
ammunition, or whose 
2 parent or guardian has revoked such written consent,
or 
3 where such parent or guardian does not qualify to have a 
4 Firearm Owner's
Identification Card;
5  (b-5) This subsection (b-5) applies on and after the 
6 181st day following July 12, 2019 (the effective date of 
7 Public Act 101-80). A person under 21 years of age who is 
8 not an active duty member of the United States Armed 
9 Forces or the Illinois National Guard and does not have 
10 the written consent
of his or her parent or guardian to 
11 acquire and possess firearms and firearm
ammunition, or 
12 whose parent or guardian has revoked such written consent,

13 or where such parent or guardian does not qualify to have a 
14 Firearm Owner's
Identification Card; 

15  (c) A person convicted of a felony under the laws of 
16 this or any other
jurisdiction;

17  (d) A person addicted to narcotics;

18  (e) A person who has been a patient of a mental health 
19 facility within the
past 5 years or a person who has been a 
20 patient in a mental health facility more than 5 years ago 
21 who has not received the certification required under 
22 subsection (u) of this Section. An active law enforcement 
23 officer employed by a unit of government or a Department 
24 of Corrections employee authorized to possess firearms who 
25 is denied, revoked, or has his or her Firearm Owner's 
26 Identification Card seized under this subsection (e) may 
 
 
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1 obtain relief as described in subsection (c-5) of Section 
2 10 of this Act if the officer or employee did not act in a 
3 manner threatening to the officer or employee, another 
4 person, or the public as determined by the treating 
5 clinical psychologist or physician, and the officer or 
6 employee seeks mental health treatment;

7  (f) A person whose mental condition is of such a 
8 nature that it poses
a clear and present danger to the 
9 applicant, any other person or persons, or
the community;

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

11  (h) A person who intentionally makes a false statement 
12 in the Firearm
Owner's Identification Card application or 
13 endorsement affidavit;

14  (i) A noncitizen who is unlawfully present in
the 
15 United States under the laws of the United States;

16  (i-5) A noncitizen who has been admitted to the United 
17 States under a
non-immigrant visa (as that term is defined 
18 in Section 101(a)(26) of the
Immigration and Nationality 
19 Act (8 U.S.C. 1101(a)(26))), except that this
subsection 
20 (i-5) does not apply to any noncitizen who has been 
21 lawfully admitted to
the United States under a 
22 non-immigrant visa if that noncitizen is:

23   (1) admitted to the United States for lawful 
24 hunting or sporting purposes;

25   (2) an official representative of a foreign 
26 government who is:

 
 
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1    (A) accredited to the United States Government 
2 or the Government's
mission to an international 
3 organization having its headquarters in the United

4 States; or

5    (B) en route to or from another country to 
6 which that noncitizen is
accredited;

7   (3) an official of a foreign government or 
8 distinguished foreign visitor
who has been so 
9 designated by the Department of State;

10   (4) a foreign law enforcement officer of a 
11 friendly foreign government
entering the United States 
12 on official business; or

13   (5) one who has received a waiver from the 
14 Attorney General of the United
States pursuant to 18 
15 U.S.C. 922(y)(3);

16  (j) (Blank);

17  (k) A person who has been convicted within the past 5 
18 years of battery,
assault, aggravated assault, violation 
19 of an order of protection, or a
substantially similar 
20 offense in another jurisdiction, in which a firearm was

21 used or possessed;

22  (l) A person who has been convicted of domestic 
23 battery, aggravated domestic battery, or a substantially

24 similar offense in another jurisdiction committed before, 
25 on or after January 1, 2012 (the effective date of Public 
26 Act 97-158). If the applicant or person who has been 
 
 
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1 previously issued a Firearm Owner's Identification Card 
2 under this Act knowingly and intelligently waives the 
3 right to have an offense described in this paragraph (l) 
4 tried by a jury, and by guilty plea or otherwise, results 
5 in a conviction for an offense in which a domestic 
6 relationship is not a required element of the offense but 
7 in which a determination of the applicability of 18 U.S.C. 
8 922(g)(9) is made under Section 112A-11.1 of the Code of 
9 Criminal Procedure of 1963, an entry by the court of a 
10 judgment of conviction for that offense shall be grounds 
11 for denying an application for and for revoking and 
12 seizing a Firearm Owner's Identification Card previously 
13 issued to the person under this Act;

14  (m) (Blank);

15  (n) A person who is prohibited from acquiring or 
16 possessing
firearms or firearm ammunition by any Illinois 
17 State statute or by federal
law;

18  (o) A minor subject to a petition filed under Section 
19 5-520 of the
Juvenile Court Act of 1987 alleging that the 
20 minor is a delinquent minor for
the commission of an 
21 offense that if committed by an adult would be a felony;


22  (p) An adult who had been adjudicated a delinquent 
23 minor under the Juvenile
Court Act of 1987 for the 
24 commission of an offense that if committed by an
adult 
25 would be a felony;

26  (q) A person who is not a resident of the State of 
 
 
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1 Illinois, except as provided in subsection (a-10) of 
2 Section 4; 
3  (r) A person who has been adjudicated as a person with 
4 a mental disability; 
5  (s) A person who has been found to have a 
6 developmental disability; 
7  (t) A person involuntarily admitted into a mental 
8 health facility; or 
9  (u) A person who has had his or her Firearm Owner's 
10 Identification Card revoked or denied under subsection (e) 
11 of this Section or item (iv) of paragraph (2) of 
12 subsection (a) of Section 4 of this Act because he or she 
13 was a patient in a mental health facility as provided in 
14 subsection (e) of this Section, shall not be permitted to 
15 obtain a Firearm Owner's Identification Card, after the 
16 5-year period has lapsed, unless he or she has received a 
17 mental health evaluation by a physician, clinical 
18 psychologist, or qualified examiner as those terms are 
19 defined in the Mental Health and Developmental 
20 Disabilities Code, and has received a certification that 
21 he or she is not a clear and present danger to himself, 
22 herself, or others. The physician, clinical psychologist, 
23 or qualified examiner making the certification and his or 
24 her employer shall not be held criminally, civilly, or 
25 professionally liable for making or not making the 
26 certification required under this subsection, except for 
 
 
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1 willful or wanton misconduct. This subsection does not 
2 apply to a person whose firearm possession rights have 
3 been restored through administrative or judicial action 
4 under Section 10 or 11 of this Act. 
5 Upon revocation of a person's Firearm Owner's 
6Identification Card, the Illinois State Police shall provide 
7notice to the person and the person shall comply with Section 
89.5 of this Act. 
9(Source: P.A. 101-80, eff. 7-12-19; 102-538, eff. 8-20-21; 
10102-645, eff. 1-1-22; 102-813, eff. 5-13-22; 102-1030, eff. 
115-27-22; 102-1116, eff. 1-10-23.)


12 (430 ILCS 65/4.1 rep.)
13 Section 15. The Firearm Owners Identification Card Act is 
14amended by repealing Section 4.1.

15 Section 20. The Firearms Restraining Order Act is amended 
16by changing Sections 40, 45, and 55 as follows:



17 (430 ILCS 67/40)



18 Sec. 40. Plenary Six-month orders.

19 (a) A petitioner may request a 6-month firearms 
20restraining order for up to one year by filing an affidavit or 
21verified pleading alleging that the respondent poses a 
22significant danger of causing personal injury to himself, 
23herself, or another in the near future by having in his or her 
 
 
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1custody or control, purchasing, possessing, or receiving a 
2firearm, ammunition, and firearm parts that could
be assembled 
3to make an operable firearm. The petition shall also describe 
4the number, types, and locations of any firearms, ammunition, 
5and firearm parts that could
be assembled to make an operable 
6firearm presently believed by the petitioner to be possessed 
7or controlled by the respondent.
The firearms restraining 
8order may be renewed for an additional period of up to one year 
9in accordance with Section 45 of this Act. 
10 (b) If the respondent is alleged to pose a significant 
11danger of causing personal injury to an intimate partner, or 
12an intimate partner is alleged to have been the target of a 
13threat or act of violence by the respondent, the petitioner 
14shall make a good faith effort to provide notice to any and all 
15intimate partners of the respondent. The notice must include 
16the duration of time that the petitioner intends to petition 
17the court for a 6-month firearms restraining order, and, if 
18the petitioner is a law enforcement officer, referral to 
19relevant domestic violence or stalking advocacy or counseling 
20resources, if appropriate. The petitioner shall attest to 
21having provided the notice in the filed affidavit or verified 
22pleading. If, after making a good faith effort, the petitioner 
23is unable to provide notice to any or all intimate partners, 
24the affidavit or verified pleading should describe what 
25efforts were made.
26 (c) Every person who files a petition for a plenary 
 
 
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16-month firearms restraining order, knowing the information 
2provided to the court at any hearing or in the affidavit or 
3verified pleading to be false, is guilty of perjury under 
4Section 32-2 of the Criminal Code of 2012.

5 (d) Upon receipt of a petition for a plenary 6-month 
6firearms restraining order, the court shall order a hearing 
7within 30 days.

8 (e) In determining whether to issue a firearms restraining 
9order under this Section, the court shall consider evidence 
10including, but not limited to, the following:

11  (1) The unlawful and reckless use, display, or 
12 brandishing of a firearm, ammunition, and firearm parts 
13 that could
be assembled to make an operable firearm by the 
14 respondent.

15  (2) The history of use, attempted use, or threatened 
16 use of physical force by the respondent against another 
17 person.

18  (3) Any prior arrest of the respondent for a felony 
19 offense.
20  (4) Evidence of the abuse of controlled substances or 
21 alcohol by the respondent.
22  (5) A recent threat of violence or act of violence by 
23 the respondent directed toward himself, herself, or 
24 another.
25  (6) A violation of an emergency order of protection 
26 issued under Section 217 of the Illinois Domestic Violence 
 
 
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1 Act of 1986 or Section 112A-17 of the Code of Criminal 
2 Procedure of 1963 or of an order of protection issued 
3 under Section 214 of the Illinois Domestic Violence Act of 
4 1986 or Section 112A-14 of the Code of Criminal Procedure 
5 of 1963.

6  (7) A pattern of violent acts or violent threats, 
7 including, but not limited to, threats of violence or acts 
8 of violence by the respondent directed toward himself, 
9 herself, or another.
10 (f) At the hearing, the petitioner shall have the burden 
11of proving, by clear and convincing evidence, that the 
12respondent poses a significant danger of personal injury to 
13himself, herself, or another by having in his or her custody or 
14control, purchasing, possessing, or receiving a firearm, 
15ammunition, and firearm parts that could be assembled to make 
16an operable firearm.
17 (g) If the court finds that there is clear and convincing 
18evidence to issue a plenary firearms restraining order, the 
19court shall issue a firearms restraining order that shall be 
20in effect for up to one year, but not less than 6 months, 6 
21months subject to renewal under Section 45 of this Act or 
22termination under that Section. 
23 (g-5) If the court issues a plenary 6-month firearms 
24restraining order, it shall, upon a finding of probable cause 
25that the respondent possesses firearms, ammunition, and 
26firearm parts that could
be assembled to make an operable 
 
 
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1firearm, issue a search warrant directing a law enforcement 
2agency to seize the respondent's firearms, ammunition, and 
3firearm parts that could
be assembled to make an operable 
4firearm. The court may, as part of that warrant, direct the law 
5enforcement agency to search the respondent's residence and 
6other places where the court finds there is probable cause to 
7believe he or she is likely to possess the firearms, 
8ammunition, and firearm parts that could
be assembled to make 
9an operable firearm. A return of the search warrant shall be 
10filed by the law enforcement agency within 4 days thereafter, 
11setting forth the time, date, and location that the search 
12warrant was executed and what items, if any, were seized. 
13 (h) A plenary 6-month firearms restraining order shall 
14require:
15  (1) the respondent to refrain from having in his or 
16 her custody or control, purchasing, possessing, or 
17 receiving additional firearms, ammunition, and firearm 
18 parts that could
be assembled to make an operable firearm 
19 for the duration of the order under Section 8.2 of the 
20 Firearm Owners Identification Card Act; and
21  (2) the respondent to comply with Section 9.5 of the 
22 Firearm Owners Identification Card Act and subsection (g) 
23 of Section 70 of the Firearm Concealed Carry Act.
24 (i) Except as otherwise provided in subsection (i-5) of 
25this Section, upon expiration of the period of safekeeping, if 
26the firearms, ammunition, and firearm parts that could
be 
 
 
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1assembled to make an operable firearm or Firearm Owner's 
2Identification Card cannot be returned to the respondent 
3because the respondent cannot be located, fails to respond to 
4requests to retrieve the firearms, ammunition, and firearm 
5parts that could
be assembled to make an operable firearm, or 
6is not lawfully eligible to possess a firearm, ammunition, and 
7firearm parts that could
be assembled to make an operable 
8firearm, upon petition from the local law enforcement agency, 
9the court may order the local law enforcement agency to 
10destroy the firearms, ammunition, and firearm parts that could 
11be assembled to make an operable firearm, use the firearms, 
12ammunition, and firearm parts that could
be assembled to make 
13an operable firearm for training purposes, or use the 
14firearms, ammunition, and firearm parts that could
be 
15assembled to make an operable firearm for any other 
16application as deemed appropriate by the local law enforcement 
17agency.
18 (i-5) A respondent whose Firearm Owner's Identification 
19Card has been revoked or suspended may petition the court, if 
20the petitioner is present in court or has notice of the 
21respondent's petition, to transfer the respondent's firearm, 
22ammunition, and firearm parts that could
be assembled to make 
23an operable firearm to a person who is lawfully able to possess 
24the firearm, ammunition, and firearm parts that could
be 
25assembled to make an operable firearm if the person does not 
26reside at the same address as the respondent. Notice of the 
 
 
HB1564- 22 -LRB103 25741 RLC 52090 b


1petition shall be served upon the person protected by the 
2emergency firearms restraining order. While the order is in 
3effect, the transferee who receives the respondent's firearms, 
4ammunition, and firearm parts that could be assembled to make 
5an operable firearm must swear or affirm by affidavit that he 
6or she shall not transfer the firearm, ammunition, and firearm 
7parts that could
be assembled to make an operable firearm to 
8the respondent or to anyone residing in the same residence as 
9the respondent.
10 (i-6) If a person other than the respondent claims title 
11to any firearms, ammunition, and firearm parts that could
be 
12assembled to make an operable firearm surrendered under this 
13Section, he or she may petition the court, if the petitioner is 
14present in court or has notice of the petition, to have the 
15firearm, ammunition, and firearm parts that could be assembled 
16to make an operable firearm returned to him or her. If the 
17court determines that person to be the lawful owner of the 
18firearm, ammunition, and firearm parts that could be assembled 
19to make an operable firearm, the firearm, ammunition, and 
20firearm parts that could
be assembled to make an operable 
21firearm shall be returned to him or her, provided that:
22  (1) the firearm,
ammunition, and firearm parts that 
23 could be assembled to make
an operable firearm are removed 
24 from the respondent's custody, control, or possession and 
25 the lawful owner agrees to store the firearm, ammunition, 
26 and firearm parts that could
be assembled to make an 
 
 
HB1564- 23 -LRB103 25741 RLC 52090 b


1 operable firearm in a manner such that the respondent does 
2 not have access to or control of the firearm, ammunition, 
3 and firearm parts that could
be assembled to make an 
4 operable firearm; and
5  (2) the firearm,
ammunition, and firearm parts that 
6 could be assembled to make
an operable firearm are not 
7 otherwise unlawfully possessed by the owner.
8 The person petitioning for the return of his or her 
9firearm, ammunition, and firearm parts that could
be assembled 
10to make an operable firearm must swear or affirm by affidavit 
11that he or she: (i) is the lawful owner of the firearm, 
12ammunition, and firearm parts that could be assembled to make 
13an operable firearm; (ii) shall not transfer the firearm, 
14ammunition, and firearm parts that could
be assembled to make 
15an operable firearm to the respondent; and (iii) will store 
16the firearm, ammunition, and firearm parts that could be 
17assembled to make an operable firearm in a manner that the 
18respondent does not have access to or control of the firearm, 
19ammunition, and firearm parts that could
be assembled to make 
20an operable firearm. 
21 (j) If the court does not issue a firearms restraining 
22order at the hearing, the court shall dissolve any emergency 
23firearms restraining order then in effect.
24 (k) When the court issues a firearms restraining order 
25under this Section, the court shall inform the respondent that 
26he or she is entitled to one hearing during the period of the 
 
 
HB1564- 24 -LRB103 25741 RLC 52090 b


1order to request a termination of the order, under Section 45 
2of this Act, and shall provide the respondent with a form to 
3request a hearing. 

4(Source: P.A. 101-81, eff. 7-12-19; 102-237, eff. 1-1-22; 
5102-345, eff. 6-1-22; 102-538, eff. 8-20-21; 102-813, eff. 
65-13-22; 102-1116, eff. 1-10-23.)

7 (430 ILCS 67/45)
8 Sec. 45. Termination and renewal.

9 (a) A person subject to a firearms restraining order 
10issued under this Act may submit one written request at any 
11time during the effective period of the order for a hearing to 
12terminate the order.
13  (1) The respondent shall have the burden of proving by 
14 a preponderance of the evidence that the respondent does 
15 not pose a danger of causing personal injury to himself, 
16 herself, or another in the near future by having in his or 
17 her custody or control, purchasing, possessing, or 
18 receiving a firearm, ammunition, and firearm parts that 
19 could
be assembled to make an operable firearm.
20  (2) If the court finds after the hearing that the 
21 respondent has met his or her burden, the court shall 
22 terminate the order.

23 (b) A petitioner may request a renewal of a firearms 
24restraining order at any time within the 3 months before the 
25expiration of a firearms restraining order.
 
 
HB1564- 25 -LRB103 25741 RLC 52090 b


1  (1) A court shall, after notice and a hearing, renew a 
2 firearms restraining order issued under this part if the 
3 petitioner proves, by clear and convincing evidence, that 
4 the respondent continues to pose a danger of causing 
5 personal injury to himself, herself, or another in the 
6 near future by having in his or her custody or control, 
7 purchasing, possessing, or receiving a firearm, 
8 ammunition, and firearm parts that could be assembled to 
9 make an operable firearm.
10  (2) In determining whether to renew a firearms 
11 restraining order issued under this Act, the court shall 
12 consider evidence of the facts identified in subsection 
13 (e) of Section 40 of this Act and any other evidence of an 
14 increased risk for violence. 
15  (3) At the hearing, the petitioner shall have the 
16 burden of proving by clear and convincing evidence that 
17 the respondent continues to pose a danger of causing 
18 personal injury to himself, herself, or another in the 
19 near future by having in his or her custody or control, 
20 purchasing, possessing, or receiving a firearm, 
21 ammunition, and firearm parts that could be assembled to 
22 make an operable firearm.
23  (4) The renewal of a firearms restraining order issued 
24 under this Section shall be in effect for up to one year 
25 and may be renewed for an additional period of up to one 
26 year 6 months, subject to termination by further order of 
 
 
HB1564- 26 -LRB103 25741 RLC 52090 b


1 the court at a hearing held under this Section and further 
2 renewal by further order of the court under this Section.

3(Source: P.A. 101-81, eff. 7-12-19; 102-345, eff. 6-1-22; 
4102-1116, eff. 1-10-23.)

5 (430 ILCS 67/55)

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

7 (a) All sheriffs shall furnish to the Illinois State 
8Police, daily, in the form and detail the Illinois State 
9Police requires, copies of any recorded firearms restraining 
10orders issued by the court, and any foreign orders of 
11protection filed by the clerk of the court, and transmitted to 
12the sheriff by the clerk of the court under Section 50. Each 
13firearms restraining order shall be entered in the Law 
14Enforcement Agencies Data System (LEADS) on the same day it is 
15issued by the court. If an emergency firearms restraining 
16order was issued in accordance with Section 35 of this Act, the 
17order shall be entered in the Law Enforcement Agencies Data 
18System (LEADS) as soon as possible after receipt from the 
19clerk.
20 (b) The Illinois State Police shall maintain a complete 
21and systematic record and index of all valid and recorded 
22firearms restraining orders issued or filed under this Act. 
23The data shall be used to inform all dispatchers and law 
24enforcement officers at the scene of a violation of a firearms 
25restraining order of the effective dates and terms of any 
 
 
HB1564- 27 -LRB103 25741 RLC 52090 b


1recorded order of protection.

2 (c) The data, records, and transmittals required under 
3this Section shall pertain to any valid emergency or plenary 
46-month firearms restraining order, whether issued in a civil 
5or criminal proceeding or authorized under the laws of another 
6state, tribe, or United States territory.


7(Source: P.A. 101-81, eff. 7-12-19; 102-538, eff. 8-20-21; 
8102-1116, eff. 1-10-23.)

9 Section 25. The Criminal Code of 2012 is amended by 
10changing Section 24-1 as follows:



11 (720 ILCS 5/24-1) (from Ch. 38, par. 24-1)


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

13 (a) A person commits the offense of unlawful use of 
14weapons when
he knowingly:

15  (1) Sells, manufactures, purchases, possesses or 
16 carries any bludgeon,
black-jack, slung-shot, sand-club, 
17 sand-bag, metal knuckles or other knuckle weapon 
18 regardless of its composition, throwing star,
or any 
19 knife, commonly referred to as a switchblade knife, which 
20 has a
blade that opens automatically by hand pressure 
21 applied to a button,
spring or other device in the handle 
22 of the knife, or a ballistic knife,
which is a device that 
23 propels a knifelike blade as a projectile by means
of a 
24 coil spring, elastic material or compressed gas; or

 
 
HB1564- 28 -LRB103 25741 RLC 52090 b


1  (2) Carries or possesses with intent to use the same 
2 unlawfully
against another, a dagger, dirk, billy, 
3 dangerous knife, razor,
stiletto, broken bottle or other 
4 piece of glass, stun gun or taser or
any other dangerous or 
5 deadly weapon or instrument of like character; or

6  (2.5) Carries or possesses with intent to use the same 
7 unlawfully against another, any firearm in a church, 
8 synagogue, mosque, or other building, structure, or place 
9 used for religious worship; or 
10  (3) Carries on or about his person or in any vehicle, a 
11 tear gas gun
projector or bomb or any object containing 
12 noxious liquid gas or
substance, other than an object 
13 containing a non-lethal noxious liquid gas
or substance 
14 designed solely for personal defense carried by a person 
15 18
years of age or older; or

16  (4) Carries or possesses in any vehicle or concealed 
17 on or about his
person except when on his land or in his 
18 own abode, legal dwelling, or fixed place of
business, or 
19 on the land or in the legal dwelling of another person as 
20 an invitee with that person's permission, any pistol, 
21 revolver, stun gun or taser or other firearm, except
that

22 this subsection (a) (4) does not apply to or affect 
23 transportation of weapons
that meet one of the following 
24 conditions:

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

26   (ii) are not immediately accessible; or

 
 
HB1564- 29 -LRB103 25741 RLC 52090 b


1   (iii) are unloaded and enclosed in a case, firearm 
2 carrying box,
shipping box, or other container by a 
3 person who has been issued a currently
valid Firearm 
4 Owner's
Identification Card; or
5   (iv) are carried or possessed in accordance with 
6 the Firearm Concealed Carry Act by a person who has 
7 been issued a currently valid license under the 
8 Firearm Concealed Carry Act; or 

9  (5) Sets a spring gun; or

10  (6) Possesses any device or attachment of any kind 
11 designed, used or
intended for use in silencing the report 
12 of any firearm; or

13  (7) Sells, manufactures, purchases, possesses or 
14 carries:

15   (i) a machine gun, which shall be defined for the 
16 purposes of this
subsection as any weapon,
which 
17 shoots, is designed to shoot, or can be readily 
18 restored to shoot,
automatically more than one shot 
19 without manually reloading by a single
function of the 
20 trigger, including the frame or receiver
of any such 
21 weapon, or sells, manufactures, purchases, possesses, 
22 or
carries any combination of parts designed or 
23 intended for
use in converting any weapon into a 
24 machine gun, or any combination or
parts from which a 
25 machine gun can be assembled if such parts are in the

26 possession or under the control of a person;

 
 
HB1564- 30 -LRB103 25741 RLC 52090 b


1   (ii) any rifle having one or
more barrels less 
2 than 16 inches in length or a shotgun having one or 
3 more
barrels less than 18 inches in length or any 
4 weapon made from a rifle or
shotgun, whether by 
5 alteration, modification, or otherwise, if such a 
6 weapon
as modified has an overall length of less than 
7 26 inches; or

8   (iii) any
bomb, bomb-shell, grenade, bottle or 
9 other container containing an
explosive substance of 
10 over one-quarter ounce for like purposes, such
as, but 
11 not limited to, black powder bombs and Molotov 
12 cocktails or
artillery projectiles; or

13  (8) Carries or possesses any firearm, stun gun or 
14 taser or other
deadly weapon in any place which is 
15 licensed to sell intoxicating
beverages, or at any public 
16 gathering held pursuant to a license issued
by any 
17 governmental body or any public gathering at which an 
18 admission
is charged, excluding a place where a showing, 
19 demonstration or lecture
involving the exhibition of 
20 unloaded firearms is conducted.

21  This subsection (a)(8) does not apply to any auction 
22 or raffle of a firearm
held pursuant to
a license or permit 
23 issued by a governmental body, nor does it apply to 
24 persons
engaged
in firearm safety training courses; or

25  (9) Carries or possesses in a vehicle or on or about 
26 his or her person any
pistol, revolver, stun gun or taser 
 
 
HB1564- 31 -LRB103 25741 RLC 52090 b


1 or firearm or ballistic knife, when
he or she is hooded, 
2 robed or masked in such manner as to conceal his or her 
3 identity; or

4  (10) Carries or possesses on or about his or her 
5 person, upon any public street,
alley, or other public 
6 lands within the corporate limits of a city, village,
or 
7 incorporated town, except when an invitee thereon or 
8 therein, for the
purpose of the display of such weapon or 
9 the lawful commerce in weapons, or
except when on his land 
10 or in his or her own abode, legal dwelling, or fixed place 
11 of business, or on the land or in the legal dwelling of 
12 another person as an invitee with that person's 
13 permission, any
pistol, revolver, stun gun, or taser or 
14 other firearm, except that this
subsection (a) (10) does 
15 not apply to or affect transportation of weapons that
meet 
16 one of the following conditions:

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

18   (ii) are not immediately accessible; or

19   (iii) are unloaded and enclosed in a case, firearm 
20 carrying box,
shipping box, or other container by a 
21 person who has been issued a currently
valid Firearm 
22 Owner's
Identification Card; or

23   (iv) are carried or possessed in accordance with 
24 the Firearm Concealed Carry Act by a person who has 
25 been issued a currently valid license under the 
26 Firearm Concealed Carry Act. 
 
 
HB1564- 32 -LRB103 25741 RLC 52090 b


1  A "stun gun or taser", as used in this paragraph (a) 
2 means (i) any device
which is powered by electrical 
3 charging units, such as, batteries, and
which fires one or 
4 several barbs attached to a length of wire and
which, upon 
5 hitting a human, can send out a current capable of 
6 disrupting
the person's nervous system in such a manner as 
7 to render him incapable of
normal functioning or (ii) any 
8 device which is powered by electrical
charging units, such 
9 as batteries, and which, upon contact with a human or

10 clothing worn by a human, can send out current capable of 
11 disrupting
the person's nervous system in such a manner as 
12 to render him incapable
of normal functioning; or

13  (11) Sells, manufactures, delivers, imports, 
14 possesses, or purchases any assault weapon attachment or 
15 .50 caliber cartridge in violation of Section 24-1.9 or 
16 any explosive bullet. For purposes
of this paragraph (a) 
17 "explosive bullet" means the projectile portion of
an 
18 ammunition cartridge which contains or carries an 
19 explosive charge which
will explode upon contact with the 
20 flesh of a human or an animal.
"Cartridge" means a tubular 
21 metal case having a projectile affixed at the
front 
22 thereof and a cap or primer at the rear end thereof, with 
23 the
propellant contained in such tube between the 
24 projectile and the cap; or

25  (12) (Blank); or

26  (13) Carries or possesses on or about his or her 
 
 
HB1564- 33 -LRB103 25741 RLC 52090 b


1 person while in a building occupied by a unit of 
2 government, a billy club, other weapon of like character, 
3 or other instrument of like character intended for use as 
4 a weapon. For the purposes of this Section, "billy club" 
5 means a short stick or club commonly carried by police 
6 officers which is either telescopic or constructed of a 
7 solid piece of wood or other man-made material; or
8  (14) Manufactures, possesses, sells, or offers to 
9 sell, purchase, manufacture, import, transfer, or use any 
10 device, part, kit, tool, accessory, or combination of 
11 parts that is designed to and functions to increase the 
12 rate of fire of a semiautomatic firearm above the standard 
13 rate of fire for semiautomatic firearms that is not 
14 equipped with that device, part, or combination of parts; 
15 or
16  (15) Carries or possesses any assault weapon or .50 
17 caliber rifle in violation of Section 24-1.9; or
18  (16) Manufactures, sells, delivers, imports, or 
19 purchases any assault weapon or .50 caliber rifle in 
20 violation of Section 24-1.9. 
21 (b) Sentence. A person convicted of a violation of 
22subsection 24-1(a)(1)
through (5), subsection 24-1(a)(10),

23subsection 24-1(a)(11), or subsection 24-1(a)(13), or 
2424-1(a)(15) commits a Class A
misdemeanor.
A person convicted 
25of a violation of subsection
24-1(a)(8) or 24-1(a)(9) commits 
26a
Class 4 felony; a person
convicted of a violation of 
 
 
HB1564- 34 -LRB103 25741 RLC 52090 b


1subsection 24-1(a)(6), or 24-1(a)(7)(ii), 24-1(a)(7)(iii), or 
224-1(a)(16) or (iii)
commits a Class 3 felony. A person 
3convicted of a violation of subsection
24-1(a)(7)(i) commits a 
4Class 2 felony and shall be sentenced to a term of imprisonment 
5of not less than 3 years and not more than 7 years, unless the 
6weapon is possessed in the
passenger compartment of a motor 
7vehicle as defined in Section 1-146 of the
Illinois Vehicle 
8Code, or on the person, while the weapon is loaded, in which

9case it shall be a Class X felony. A person convicted of a

10second or subsequent violation of subsection 24-1(a)(4), 
1124-1(a)(8),
24-1(a)(9), or
24-1(a)(10), or 24-1(a)(15) commits 
12a Class 3 felony. A person convicted of a violation of 
13subsection 24-1(a)(2.5) or 24-1(a)(14) commits a Class 2 
14felony. The possession of each weapon or device in violation 
15of this Section constitutes a single and separate violation.

16 (c) Violations in specific places.

17  (1) A person who violates subsection 24-1(a)(6) or 
18 24-1(a)(7) in any
school, regardless of the time of day or 
19 the time of year, in residential
property owned, operated 
20 or managed by a public housing agency or
leased by
a public 
21 housing agency as part of a scattered site or mixed-income

22 development, in a
public park, in a courthouse, on the 
23 real property comprising any school,
regardless of the

24 time of day or the time of year, on residential property 
25 owned, operated
or
managed by a public housing agency
or 
26 leased by a public housing agency as part of a scattered 
 
 
HB1564- 35 -LRB103 25741 RLC 52090 b


1 site or
mixed-income development,
on the real property 
2 comprising any
public park, on the real property 
3 comprising any courthouse, in any conveyance
owned, leased 
4 or contracted by a school to
transport students to or from 
5 school or a school related activity, in any conveyance

6 owned, leased, or contracted by a public transportation 
7 agency, or on any
public way within 1,000 feet of the real 
8 property comprising any school,
public park, courthouse, 
9 public transportation facility, or residential property 
10 owned, operated, or managed
by a public housing agency
or 
11 leased by a public housing agency as part of a scattered 
12 site or
mixed-income development
commits a Class 2 felony 
13 and shall be sentenced to a term of imprisonment of not 
14 less than 3 years and not more than 7 years.

15  (1.5) A person who violates subsection 24-1(a)(4), 
16 24-1(a)(9), or
24-1(a)(10) in any school, regardless of 
17 the time of day or the time of year,
in residential 
18 property owned, operated, or managed by a public
housing

19 agency
or leased by a public housing agency as part of a 
20 scattered site or
mixed-income development,
in
a public

21 park, in a courthouse, on the real property comprising any 
22 school, regardless
of the time of day or the time of year, 
23 on residential property owned,
operated, or managed by a 
24 public housing agency
or leased by a public housing agency 
25 as part of a scattered site or
mixed-income development,

26 on the real property
comprising any public park, on the 
 
 
HB1564- 36 -LRB103 25741 RLC 52090 b


1 real property comprising any courthouse, in
any conveyance 
2 owned, leased, or contracted by a school to transport 
3 students
to or from school or a school related activity, 
4 in any conveyance
owned, leased, or contracted by a public 
5 transportation agency, or on any public way within
1,000 
6 feet of the real property comprising any school, public 
7 park, courthouse,
public transportation facility, or 
8 residential property owned, operated, or managed by a 
9 public
housing agency
or leased by a public housing agency 
10 as part of a scattered site or
mixed-income development

11 commits a Class 3 felony.

12  (2) A person who violates subsection 24-1(a)(1), 
13 24-1(a)(2), or
24-1(a)(3)
in any school, regardless of the 
14 time of day or the time of year, in
residential property 
15 owned, operated or managed by a public housing
agency
or 
16 leased by a public housing agency as part of a scattered 
17 site or
mixed-income development,
in
a public park, in a 
18 courthouse, on the real property comprising any school,

19 regardless of the time of day or the time of year, on 
20 residential property
owned, operated or managed by a 
21 public housing agency
or leased by a public housing agency 
22 as part of a scattered site or
mixed-income development,

23 on the real property
comprising any public park, on the 
24 real property comprising any courthouse, in
any conveyance 
25 owned, leased or contracted by a school to transport 
26 students
to or from school or a school related activity, 
 
 
HB1564- 37 -LRB103 25741 RLC 52090 b


1 in any conveyance
owned, leased, or contracted by a public 
2 transportation agency, or on any public way within
1,000 
3 feet of the real property comprising any school, public 
4 park, courthouse,
public transportation facility, or 
5 residential property owned, operated, or managed by a 
6 public
housing agency or leased by a public housing agency 
7 as part of a scattered
site or mixed-income development 
8 commits a Class 4 felony. "Courthouse"
means any building 
9 that is used by the Circuit, Appellate, or Supreme Court 
10 of
this State for the conduct of official business.

11  (3) Paragraphs (1), (1.5), and (2) of this subsection 
12 (c) shall not
apply to law
enforcement officers or 
13 security officers of such school, college, or
university 
14 or to students carrying or possessing firearms for use in 
15 training
courses, parades, hunting, target shooting on 
16 school ranges, or otherwise with
the consent of school 
17 authorities and which firearms are transported unloaded

18 enclosed in a suitable case, box, or transportation 
19 package.

20  (4) For the purposes of this subsection (c), "school" 
21 means any public or
private elementary or secondary 
22 school, community college, college, or
university.

23  (5) For the purposes of this subsection (c), "public 
24 transportation agency" means a public or private agency 
25 that provides for the transportation or conveyance of

26 persons by means available to the general public, except 
 
 
HB1564- 38 -LRB103 25741 RLC 52090 b


1 for transportation
by automobiles not used for conveyance 
2 of the general public as passengers; and "public 
3 transportation facility" means a terminal or other place

4 where one may obtain public transportation.

5 (d) The presence in an automobile other than a public 
6omnibus of any
weapon, instrument or substance referred to in 
7subsection (a)(7) is
prima facie evidence that it is in the 
8possession of, and is being
carried by, all persons occupying 
9such automobile at the time such
weapon, instrument or 
10substance is found, except under the following
circumstances: 
11(i) if such weapon, instrument or instrumentality is
found 
12upon the person of one of the occupants therein; or (ii) if 
13such
weapon, instrument or substance is found in an automobile 
14operated for
hire by a duly licensed driver in the due, lawful 
15and proper pursuit of
his or her trade, then such presumption 
16shall not apply to the driver.

17 (e) Exemptions.
18  (1) Crossbows, Common or Compound bows and Underwater

19 Spearguns are exempted from the definition of ballistic 
20 knife as defined in
paragraph (1) of subsection (a) of 
21 this Section.
22  (2) The provision of paragraph (1) of subsection (a) 
23 of this Section prohibiting the sale, manufacture, 
24 purchase, possession, or carrying of any knife, commonly 
25 referred to as a switchblade knife, which has a
blade that 
26 opens automatically by hand pressure applied to a button,

 
 
HB1564- 39 -LRB103 25741 RLC 52090 b


1 spring or other device in the handle of the knife, does not 
2 apply to a person who possesses a currently valid Firearm 
3 Owner's Identification Card previously issued in his or 
4 her name by the Illinois State Police or to a person or an 
5 entity engaged in the business of selling or manufacturing 
6 switchblade knives. 

7(Source: P.A. 101-223, eff. 1-1-20; 102-538, eff. 8-20-21; 
8102-1116, eff. 1-10-23.)


9 (720 ILCS 5/24-1.9 rep.)
10 (720 ILCS 5/24-1.10 rep.)
11 Section 30. The Criminal Code of 2012 is amended by 
12repealing Sections 24-1.9 and 24-1.10.


13 Section 99. Effective date. This Act takes effect upon 
14becoming law.