103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB5785
 
Introduced , by Rep. John M. Cabello
 
SYNOPSIS AS INTRODUCED:

See Index
 Repeals the Firearm Concealed Carry Act. Amends the Criminal Code of 2012. Provides that the unlawful use of weapons and aggravated unlawful use of a weapon statutes do not apply to or affect any person carrying a concealed pistol, revolver, or handgun and the person has been issued a currently valid Firearm Owner's Identification Card under the Firearm Owners Identification Card Act. Amends various Acts to make conforming changes.


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A BILL FOR
 
HB5785LRB103 39901 RLC 70908 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 Open Meetings Act is amended by changing 
5Section 2 as follows:

6 (5 ILCS 120/2) (from Ch. 102, par. 42)
7 Sec. 2. Open meetings. 
8 (a) Openness required. All meetings of public bodies shall 
9be open to the public unless excepted in subsection (c) and 
10closed in accordance with Section 2a.
11 (b) Construction of exceptions. The exceptions contained 
12in subsection (c) are in derogation of the requirement that 
13public bodies meet in the open, and therefore, the exceptions 
14are to be strictly construed, extending only to subjects 
15clearly within their scope. The exceptions authorize but do 
16not require the holding of a closed meeting to discuss a 
17subject included within an enumerated exception.
18 (c) Exceptions. A public body may hold closed meetings to 
19consider the following subjects:
20  (1) The appointment, employment, compensation, 
21 discipline, performance, or dismissal of specific 
22 employees, specific individuals who serve as independent 
23 contractors in a park, recreational, or educational 
 
 
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1 setting, or specific volunteers of the public body or 
2 legal counsel for the public body, including hearing 
3 testimony on a complaint lodged against an employee, a 
4 specific individual who serves as an independent 
5 contractor in a park, recreational, or educational 
6 setting, or a volunteer of the public body or against 
7 legal counsel for the public body to determine its 
8 validity. However, a meeting to consider an increase in 
9 compensation to a specific employee of a public body that 
10 is subject to the Local Government Wage Increase 
11 Transparency Act may not be closed and shall be open to the 
12 public and posted and held in accordance with this Act.
13  (2) Collective negotiating matters between the public 
14 body and its employees or their representatives, or 
15 deliberations concerning salary schedules for one or more 
16 classes of employees.
17  (3) The selection of a person to fill a public office, 
18 as defined in this Act, including a vacancy in a public 
19 office, when the public body is given power to appoint 
20 under law or ordinance, or the discipline, performance or 
21 removal of the occupant of a public office, when the 
22 public body is given power to remove the occupant under 
23 law or ordinance. 
24  (4) Evidence or testimony presented in open hearing, 
25 or in closed hearing where specifically authorized by law, 
26 to a quasi-adjudicative body, as defined in this Act, 
 
 
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1 provided that the body prepares and makes available for 
2 public inspection a written decision setting forth its 
3 determinative reasoning.
4  (4.5) Evidence or testimony presented to a school 
5 board regarding denial of admission to school events or 
6 property pursuant to Section 24-24 of the School Code, 
7 provided that the school board prepares and makes 
8 available for public inspection a written decision setting 
9 forth its determinative reasoning. 
10  (5) The purchase or lease of real property for the use 
11 of the public body, including meetings held for the 
12 purpose of discussing whether a particular parcel should 
13 be acquired.
14  (6) The setting of a price for sale or lease of 
15 property owned by the public body.
16  (7) The sale or purchase of securities, investments, 
17 or investment contracts. This exception shall not apply to 
18 the investment of assets or income of funds deposited into 
19 the Illinois Prepaid Tuition Trust Fund. 
20  (8) Security procedures, school building safety and 
21 security, and the use of personnel and equipment to 
22 respond to an actual, a threatened, or a reasonably 
23 potential danger to the safety of employees, students, 
24 staff, the public, or public property.
25  (9) Student disciplinary cases.
26  (10) The placement of individual students in special 
 
 
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1 education programs and other matters relating to 
2 individual students.
3  (11) Litigation, when an action against, affecting or 
4 on behalf of the particular public body has been filed and 
5 is pending before a court or administrative tribunal, or 
6 when the public body finds that an action is probable or 
7 imminent, in which case the basis for the finding shall be 
8 recorded and entered into the minutes of the closed 
9 meeting.
10  (12) The establishment of reserves or settlement of 
11 claims as provided in the Local Governmental and 
12 Governmental Employees Tort Immunity Act, if otherwise the 
13 disposition of a claim or potential claim might be 
14 prejudiced, or the review or discussion of claims, loss or 
15 risk management information, records, data, advice or 
16 communications from or with respect to any insurer of the 
17 public body or any intergovernmental risk management 
18 association or self insurance pool of which the public 
19 body is a member.
20  (13) Conciliation of complaints of discrimination in 
21 the sale or rental of housing, when closed meetings are 
22 authorized by the law or ordinance prescribing fair 
23 housing practices and creating a commission or 
24 administrative agency for their enforcement.
25  (14) Informant sources, the hiring or assignment of 
26 undercover personnel or equipment, or ongoing, prior or 
 
 
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1 future criminal investigations, when discussed by a public 
2 body with criminal investigatory responsibilities.
3  (15) Professional ethics or performance when 
4 considered by an advisory body appointed to advise a 
5 licensing or regulatory agency on matters germane to the 
6 advisory body's field of competence.
7  (16) Self evaluation, practices and procedures or 
8 professional ethics, when meeting with a representative of 
9 a statewide association of which the public body is a 
10 member.
11  (17) The recruitment, credentialing, discipline or 
12 formal peer review of physicians or other health care 
13 professionals, or for the discussion of matters protected 
14 under the federal Patient Safety and Quality Improvement 
15 Act of 2005, and the regulations promulgated thereunder, 
16 including 42 C.F.R. Part 3 (73 FR 70732), or the federal 
17 Health Insurance Portability and Accountability Act of 
18 1996, and the regulations promulgated thereunder, 
19 including 45 C.F.R. Parts 160, 162, and 164, by a 
20 hospital, or other institution providing medical care, 
21 that is operated by the public body.
22  (18) Deliberations for decisions of the Prisoner 
23 Review Board.
24  (19) Review or discussion of applications received 
25 under the Experimental Organ Transplantation Procedures 
26 Act.
 
 
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1  (20) The classification and discussion of matters 
2 classified as confidential or continued confidential by 
3 the State Government Suggestion Award Board.
4  (21) Discussion of minutes of meetings lawfully closed 
5 under this Act, whether for purposes of approval by the 
6 body of the minutes or semi-annual review of the minutes 
7 as mandated by Section 2.06.
8  (22) Deliberations for decisions of the State 
9 Emergency Medical Services Disciplinary Review Board.
10  (23) The operation by a municipality of a municipal 
11 utility or the operation of a municipal power agency or 
12 municipal natural gas agency when the discussion involves 
13 (i) contracts relating to the purchase, sale, or delivery 
14 of electricity or natural gas or (ii) the results or 
15 conclusions of load forecast studies.
16  (24) Meetings of a residential health care facility 
17 resident sexual assault and death review team or the 
18 Executive Council under the Abuse Prevention Review Team 
19 Act.
20  (25) Meetings of an independent team of experts under 
21 Brian's Law. 
22  (26) Meetings of a mortality review team appointed 
23 under the Department of Juvenile Justice Mortality Review 
24 Team Act. 
25  (27) (Blank). 
26  (28) Correspondence and records (i) that may not be 
 
 
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1 disclosed under Section 11-9 of the Illinois Public Aid 
2 Code or (ii) that pertain to appeals under Section 11-8 of 
3 the Illinois Public Aid Code. 
4  (29) Meetings between internal or external auditors 
5 and governmental audit committees, finance committees, and 
6 their equivalents, when the discussion involves internal 
7 control weaknesses, identification of potential fraud risk 
8 areas, known or suspected frauds, and fraud interviews 
9 conducted in accordance with generally accepted auditing 
10 standards of the United States of America.
11  (30) Those meetings or portions of meetings of a 
12 fatality review team or the Illinois Fatality Review Team 
13 Advisory Council during which a review of the death of an 
14 eligible adult in which abuse or neglect is suspected, 
15 alleged, or substantiated is conducted pursuant to Section 
16 15 of the Adult Protective Services Act. 
17  (31) (Blank). Meetings and deliberations for decisions 
18 of the Concealed Carry Licensing Review Board under the 
19 Firearm Concealed Carry Act. 
20  (32) Meetings between the Regional Transportation 
21 Authority Board and its Service Boards when the discussion 
22 involves review by the Regional Transportation Authority 
23 Board of employment contracts under Section 28d of the 
24 Metropolitan Transit Authority Act and Sections 3A.18 and 
25 3B.26 of the Regional Transportation Authority Act.
26  (33) Those meetings or portions of meetings of the 
 
 
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1 advisory committee and peer review subcommittee created 
2 under Section 320 of the Illinois Controlled Substances 
3 Act during which specific controlled substance prescriber, 
4 dispenser, or patient information is discussed.
5  (34) Meetings of the Tax Increment Financing Reform 
6 Task Force under Section 2505-800 of the Department of 
7 Revenue Law of the Civil Administrative Code of Illinois. 
8  (35) Meetings of the group established to discuss 
9 Medicaid capitation rates under Section 5-30.8 of the 
10 Illinois Public Aid Code. 
11  (36) Those deliberations or portions of deliberations 
12 for decisions of the Illinois Gaming Board in which there 
13 is discussed any of the following: (i) personal, 
14 commercial, financial, or other information obtained from 
15 any source that is privileged, proprietary, confidential, 
16 or a trade secret; or (ii) information specifically 
17 exempted from the disclosure by federal or State law.
18  (37) Deliberations for decisions of the Illinois Law 
19 Enforcement Training Standards Board, the Certification 
20 Review Panel, and the Illinois State Police Merit Board 
21 regarding certification and decertification. 
22  (38) Meetings of the Ad Hoc Statewide Domestic 
23 Violence Fatality Review Committee of the Illinois 
24 Criminal Justice Information Authority Board that occur in 
25 closed executive session under subsection (d) of Section 
26 35 of the Domestic Violence Fatality Review Act. 
 
 
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1  (39) Meetings of the regional review teams under 
2 subsection (a) of Section 75 of the Domestic Violence 
3 Fatality Review Act. 
4  (40) Meetings of the Firearm Owner's Identification 
5 Card Review Board under Section 10 of the Firearm Owners 
6 Identification Card Act. 
7 (d) Definitions. For purposes of this Section:
8 "Employee" means a person employed by a public body whose 
9relationship with the public body constitutes an 
10employer-employee relationship under the usual common law 
11rules, and who is not an independent contractor.
12 "Public office" means a position created by or under the 
13Constitution or laws of this State, the occupant of which is 
14charged with the exercise of some portion of the sovereign 
15power of this State. The term "public office" shall include 
16members of the public body, but it shall not include 
17organizational positions filled by members thereof, whether 
18established by law or by a public body itself, that exist to 
19assist the body in the conduct of its business.
20 "Quasi-adjudicative body" means an administrative body 
21charged by law or ordinance with the responsibility to conduct 
22hearings, receive evidence or testimony and make 
23determinations based thereon, but does not include local 
24electoral boards when such bodies are considering petition 
25challenges.
26 (e) Final action. No final action may be taken at a closed 
 
 
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1meeting. Final action shall be preceded by a public recital of 
2the nature of the matter being considered and other 
3information that will inform the public of the business being 
4conducted. 
5(Source: P.A. 102-237, eff. 1-1-22; 102-520, eff. 8-20-21; 
6102-558, eff. 8-20-21; 102-813, eff. 5-13-22; 103-311, eff. 
77-28-23.)

8 Section 10. The Freedom of Information Act is amended by 
9changing Section 7.5 as follows:

10 (5 ILCS 140/7.5)
11 (Text of Section before amendment by P.A. 103-472)
12 Sec. 7.5. Statutory exemptions. To the extent provided for 
13by the statutes referenced below, the following shall be 
14exempt from inspection and copying:
15  (a) All information determined to be confidential 
16 under Section 4002 of the Technology Advancement and 
17 Development Act.
18  (b) Library circulation and order records identifying 
19 library users with specific materials under the Library 
20 Records Confidentiality Act.
21  (c) Applications, related documents, and medical 
22 records received by the Experimental Organ Transplantation 
23 Procedures Board and any and all documents or other 
24 records prepared by the Experimental Organ Transplantation 
 
 
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1 Procedures Board or its staff relating to applications it 
2 has received.
3  (d) Information and records held by the Department of 
4 Public Health and its authorized representatives relating 
5 to known or suspected cases of sexually transmissible 
6 disease or any information the disclosure of which is 
7 restricted under the Illinois Sexually Transmissible 
8 Disease Control Act.
9  (e) Information the disclosure of which is exempted 
10 under Section 30 of the Radon Industry Licensing Act.
11  (f) Firm performance evaluations under Section 55 of 
12 the Architectural, Engineering, and Land Surveying 
13 Qualifications Based Selection Act.
14  (g) Information the disclosure of which is restricted 
15 and exempted under Section 50 of the Illinois Prepaid 
16 Tuition Act.
17  (h) Information the disclosure of which is exempted 
18 under the State Officials and Employees Ethics Act, and 
19 records of any lawfully created State or local inspector 
20 general's office that would be exempt if created or 
21 obtained by an Executive Inspector General's office under 
22 that Act.
23  (i) Information contained in a local emergency energy 
24 plan submitted to a municipality in accordance with a 
25 local emergency energy plan ordinance that is adopted 
26 under Section 11-21.5-5 of the Illinois Municipal Code.
 
 
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1  (j) Information and data concerning the distribution 
2 of surcharge moneys collected and remitted by carriers 
3 under the Emergency Telephone System Act.
4  (k) Law enforcement officer identification information 
5 or driver identification information compiled by a law 
6 enforcement agency or the Department of Transportation 
7 under Section 11-212 of the Illinois Vehicle Code.
8  (l) Records and information provided to a residential 
9 health care facility resident sexual assault and death 
10 review team or the Executive Council under the Abuse 
11 Prevention Review Team Act.
12  (m) Information provided to the predatory lending 
13 database created pursuant to Article 3 of the Residential 
14 Real Property Disclosure Act, except to the extent 
15 authorized under that Article.
16  (n) Defense budgets and petitions for certification of 
17 compensation and expenses for court appointed trial 
18 counsel as provided under Sections 10 and 15 of the 
19 Capital Crimes Litigation Act (repealed). This subsection 
20 (n) shall apply until the conclusion of the trial of the 
21 case, even if the prosecution chooses not to pursue the 
22 death penalty prior to trial or sentencing.
23  (o) Information that is prohibited from being 
24 disclosed under Section 4 of the Illinois Health and 
25 Hazardous Substances Registry Act.
26  (p) Security portions of system safety program plans, 
 
 
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1 investigation reports, surveys, schedules, lists, data, or 
2 information compiled, collected, or prepared by or for the 
3 Department of Transportation under Sections 2705-300 and 
4 2705-616 of the Department of Transportation Law of the 
5 Civil Administrative Code of Illinois, the Regional 
6 Transportation Authority under Section 2.11 of the 
7 Regional Transportation Authority Act, or the St. Clair 
8 County Transit District under the Bi-State Transit Safety 
9 Act (repealed). 
10  (q) Information prohibited from being disclosed by the 
11 Personnel Record Review Act. 
12  (r) Information prohibited from being disclosed by the 
13 Illinois School Student Records Act. 
14  (s) Information the disclosure of which is restricted 
15 under Section 5-108 of the Public Utilities Act. 
16  (t) (Blank). 
17  (u) Records and information provided to an independent 
18 team of experts under the Developmental Disability and 
19 Mental Health Safety Act (also known as Brian's Law). 
20  (v) Names and information of people who have applied 
21 for or received Firearm Owner's Identification Cards under 
22 the Firearm Owners Identification Card Act or applied for 
23 or received a concealed carry license under the Firearm 
24 Concealed Carry Act, unless otherwise authorized by the 
25 Firearm Concealed Carry Act; and databases under the 
26 Firearm Concealed Carry Act, records of the Concealed 
 
 
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1 Carry Licensing Review Board under the Firearm Concealed 
2 Carry Act, and law enforcement agency objections under the 
3 Firearm Concealed Carry Act. 
4  (v-5) Records of the Firearm Owner's Identification 
5 Card Review Board that are exempted from disclosure under 
6 Section 10 of the Firearm Owners Identification Card Act.
7  (w) Personally identifiable information which is 
8 exempted from disclosure under subsection (g) of Section 
9 19.1 of the Toll Highway Act.
10  (x) Information which is exempted from disclosure 
11 under Section 5-1014.3 of the Counties Code or Section 
12 8-11-21 of the Illinois Municipal Code. 
13  (y) Confidential information under the Adult 
14 Protective Services Act and its predecessor enabling 
15 statute, the Elder Abuse and Neglect Act, including 
16 information about the identity and administrative finding 
17 against any caregiver of a verified and substantiated 
18 decision of abuse, neglect, or financial exploitation of 
19 an eligible adult maintained in the Registry established 
20 under Section 7.5 of the Adult Protective Services Act. 
21  (z) Records and information provided to a fatality 
22 review team or the Illinois Fatality Review Team Advisory 
23 Council under Section 15 of the Adult Protective Services 
24 Act. 
25  (aa) Information which is exempted from disclosure 
26 under Section 2.37 of the Wildlife Code. 
 
 
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1  (bb) Information which is or was prohibited from 
2 disclosure by the Juvenile Court Act of 1987. 
3  (cc) Recordings made under the Law Enforcement 
4 Officer-Worn Body Camera Act, except to the extent 
5 authorized under that Act.
6  (dd) Information that is prohibited from being 
7 disclosed under Section 45 of the Condominium and Common 
8 Interest Community Ombudsperson Act. 
9  (ee) Information that is exempted from disclosure 
10 under Section 30.1 of the Pharmacy Practice Act. 
11  (ff) Information that is exempted from disclosure 
12 under the Revised Uniform Unclaimed Property Act. 
13  (gg) Information that is prohibited from being 
14 disclosed under Section 7-603.5 of the Illinois Vehicle 
15 Code. 
16  (hh) Records that are exempt from disclosure under 
17 Section 1A-16.7 of the Election Code. 
18  (ii) Information which is exempted from disclosure 
19 under Section 2505-800 of the Department of Revenue Law of 
20 the Civil Administrative Code of Illinois. 
21  (jj) Information and reports that are required to be 
22 submitted to the Department of Labor by registering day 
23 and temporary labor service agencies but are exempt from 
24 disclosure under subsection (a-1) of Section 45 of the Day 
25 and Temporary Labor Services Act. 
26  (kk) Information prohibited from disclosure under the 
 
 
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1 Seizure and Forfeiture Reporting Act. 
2  (ll) Information the disclosure of which is restricted 
3 and exempted under Section 5-30.8 of the Illinois Public 
4 Aid Code. 
5  (mm) Records that are exempt from disclosure under 
6 Section 4.2 of the Crime Victims Compensation Act. 
7  (nn) Information that is exempt from disclosure under 
8 Section 70 of the Higher Education Student Assistance Act. 
9  (oo) Communications, notes, records, and reports 
10 arising out of a peer support counseling session 
11 prohibited from disclosure under the First Responders 
12 Suicide Prevention Act. 
13  (pp) Names and all identifying information relating to 
14 an employee of an emergency services provider or law 
15 enforcement agency under the First Responders Suicide 
16 Prevention Act. 
17  (qq) Information and records held by the Department of 
18 Public Health and its authorized representatives collected 
19 under the Reproductive Health Act. 
20  (rr) Information that is exempt from disclosure under 
21 the Cannabis Regulation and Tax Act. 
22  (ss) Data reported by an employer to the Department of 
23 Human Rights pursuant to Section 2-108 of the Illinois 
24 Human Rights Act.
25  (tt) Recordings made under the Children's Advocacy 
26 Center Act, except to the extent authorized under that 
 
 
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1 Act. 
2  (uu) Information that is exempt from disclosure under 
3 Section 50 of the Sexual Assault Evidence Submission Act. 
4  (vv) Information that is exempt from disclosure under 
5 subsections (f) and (j) of Section 5-36 of the Illinois 
6 Public Aid Code. 
7  (ww) Information that is exempt from disclosure under 
8 Section 16.8 of the State Treasurer Act. 
9  (xx) Information that is exempt from disclosure or 
10 information that shall not be made public under the 
11 Illinois Insurance Code. 
12  (yy) Information prohibited from being disclosed under 
13 the Illinois Educational Labor Relations Act.
14  (zz) Information prohibited from being disclosed under 
15 the Illinois Public Labor Relations Act. 
16  (aaa) Information prohibited from being disclosed 
17 under Section 1-167 of the Illinois Pension Code. 
18  (bbb) Information that is prohibited from disclosure 
19 by the Illinois Police Training Act and the Illinois State 
20 Police Act. 
21  (ccc) Records exempt from disclosure under Section 
22 2605-304 of the Illinois State Police Law of the Civil 
23 Administrative Code of Illinois. 
24  (ddd) Information prohibited from being disclosed 
25 under Section 35 of the Address Confidentiality for 
26 Victims of Domestic Violence, Sexual Assault, Human 
 
 
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1 Trafficking, or Stalking Act. 
2  (eee) Information prohibited from being disclosed 
3 under subsection (b) of Section 75 of the Domestic 
4 Violence Fatality Review Act. 
5  (fff) Images from cameras under the Expressway Camera 
6 Act. This subsection (fff) is inoperative on and after 
7 July 1, 2025. 
8  (ggg) Information prohibited from disclosure under 
9 paragraph (3) of subsection (a) of Section 14 of the Nurse 
10 Agency Licensing Act. 
11  (hhh) Information submitted to the Illinois State 
12 Police in an affidavit or application for an assault 
13 weapon endorsement, assault weapon attachment endorsement, 
14 .50 caliber rifle endorsement, or .50 caliber cartridge 
15 endorsement under the Firearm Owners Identification Card 
16 Act. 
17  (iii) Data exempt from disclosure under Section 50 of 
18 the School Safety Drill Act. 
19  (jjj) (hhh) Information exempt from disclosure under 
20 Section 30 of the Insurance Data Security Law. 
21  (kkk) (iii) Confidential business information 
22 prohibited from disclosure under Section 45 of the Paint 
23 Stewardship Act. 
24  (lll) (Reserved). 
25  (mmm) (iii) Information prohibited from being 
26 disclosed under subsection (e) of Section 1-129 of the 
 
 
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1 Illinois Power Agency Act. 
2(Source: P.A. 102-36, eff. 6-25-21; 102-237, eff. 1-1-22; 
3102-292, eff. 1-1-22; 102-520, eff. 8-20-21; 102-559, eff. 
48-20-21; 102-813, eff. 5-13-22; 102-946, eff. 7-1-22; 
5102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; 103-8, eff. 
66-7-23; 103-34, eff. 6-9-23; 103-142, eff. 1-1-24; 103-372, 
7eff. 1-1-24; 103-508, eff. 8-4-23; 103-580, eff. 12-8-23; 
8revised 1-2-24.)

9 (Text of Section after amendment by P.A. 103-472)
10 Sec. 7.5. Statutory exemptions. To the extent provided for 
11by the statutes referenced below, the following shall be 
12exempt from inspection and copying:
13  (a) All information determined to be confidential 
14 under Section 4002 of the Technology Advancement and 
15 Development Act.
16  (b) Library circulation and order records identifying 
17 library users with specific materials under the Library 
18 Records Confidentiality Act.
19  (c) Applications, related documents, and medical 
20 records received by the Experimental Organ Transplantation 
21 Procedures Board and any and all documents or other 
22 records prepared by the Experimental Organ Transplantation 
23 Procedures Board or its staff relating to applications it 
24 has received.
25  (d) Information and records held by the Department of 
 
 
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1 Public Health and its authorized representatives relating 
2 to known or suspected cases of sexually transmissible 
3 disease or any information the disclosure of which is 
4 restricted under the Illinois Sexually Transmissible 
5 Disease Control Act.
6  (e) Information the disclosure of which is exempted 
7 under Section 30 of the Radon Industry Licensing Act.
8  (f) Firm performance evaluations under Section 55 of 
9 the Architectural, Engineering, and Land Surveying 
10 Qualifications Based Selection Act.
11  (g) Information the disclosure of which is restricted 
12 and exempted under Section 50 of the Illinois Prepaid 
13 Tuition Act.
14  (h) Information the disclosure of which is exempted 
15 under the State Officials and Employees Ethics Act, and 
16 records of any lawfully created State or local inspector 
17 general's office that would be exempt if created or 
18 obtained by an Executive Inspector General's office under 
19 that Act.
20  (i) Information contained in a local emergency energy 
21 plan submitted to a municipality in accordance with a 
22 local emergency energy plan ordinance that is adopted 
23 under Section 11-21.5-5 of the Illinois Municipal Code.
24  (j) Information and data concerning the distribution 
25 of surcharge moneys collected and remitted by carriers 
26 under the Emergency Telephone System Act.
 
 
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1  (k) Law enforcement officer identification information 
2 or driver identification information compiled by a law 
3 enforcement agency or the Department of Transportation 
4 under Section 11-212 of the Illinois Vehicle Code.
5  (l) Records and information provided to a residential 
6 health care facility resident sexual assault and death 
7 review team or the Executive Council under the Abuse 
8 Prevention Review Team Act.
9  (m) Information provided to the predatory lending 
10 database created pursuant to Article 3 of the Residential 
11 Real Property Disclosure Act, except to the extent 
12 authorized under that Article.
13  (n) Defense budgets and petitions for certification of 
14 compensation and expenses for court appointed trial 
15 counsel as provided under Sections 10 and 15 of the 
16 Capital Crimes Litigation Act (repealed). This subsection 
17 (n) shall apply until the conclusion of the trial of the 
18 case, even if the prosecution chooses not to pursue the 
19 death penalty prior to trial or sentencing.
20  (o) Information that is prohibited from being 
21 disclosed under Section 4 of the Illinois Health and 
22 Hazardous Substances Registry Act.
23  (p) Security portions of system safety program plans, 
24 investigation reports, surveys, schedules, lists, data, or 
25 information compiled, collected, or prepared by or for the 
26 Department of Transportation under Sections 2705-300 and 
 
 
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1 2705-616 of the Department of Transportation Law of the 
2 Civil Administrative Code of Illinois, the Regional 
3 Transportation Authority under Section 2.11 of the 
4 Regional Transportation Authority Act, or the St. Clair 
5 County Transit District under the Bi-State Transit Safety 
6 Act (repealed). 
7  (q) Information prohibited from being disclosed by the 
8 Personnel Record Review Act. 
9  (r) Information prohibited from being disclosed by the 
10 Illinois School Student Records Act. 
11  (s) Information the disclosure of which is restricted 
12 under Section 5-108 of the Public Utilities Act. 
13  (t) (Blank). 
14  (u) Records and information provided to an independent 
15 team of experts under the Developmental Disability and 
16 Mental Health Safety Act (also known as Brian's Law). 
17  (v) Names and information of people who have applied 
18 for or received Firearm Owner's Identification Cards under 
19 the Firearm Owners Identification Card Act or applied for 
20 or received a concealed carry license under the Firearm 
21 Concealed Carry Act, unless otherwise authorized by the 
22 Firearm Concealed Carry Act; and databases under the 
23 Firearm Concealed Carry Act, records of the Concealed 
24 Carry Licensing Review Board under the Firearm Concealed 
25 Carry Act, and law enforcement agency objections under the 
26 Firearm Concealed Carry Act. 
 
 
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1  (v-5) Records of the Firearm Owner's Identification 
2 Card Review Board that are exempted from disclosure under 
3 Section 10 of the Firearm Owners Identification Card Act.
4  (w) Personally identifiable information which is 
5 exempted from disclosure under subsection (g) of Section 
6 19.1 of the Toll Highway Act.
7  (x) Information which is exempted from disclosure 
8 under Section 5-1014.3 of the Counties Code or Section 
9 8-11-21 of the Illinois Municipal Code. 
10  (y) Confidential information under the Adult 
11 Protective Services Act and its predecessor enabling 
12 statute, the Elder Abuse and Neglect Act, including 
13 information about the identity and administrative finding 
14 against any caregiver of a verified and substantiated 
15 decision of abuse, neglect, or financial exploitation of 
16 an eligible adult maintained in the Registry established 
17 under Section 7.5 of the Adult Protective Services Act. 
18  (z) Records and information provided to a fatality 
19 review team or the Illinois Fatality Review Team Advisory 
20 Council under Section 15 of the Adult Protective Services 
21 Act. 
22  (aa) Information which is exempted from disclosure 
23 under Section 2.37 of the Wildlife Code. 
24  (bb) Information which is or was prohibited from 
25 disclosure by the Juvenile Court Act of 1987. 
26  (cc) Recordings made under the Law Enforcement 
 
 
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1 Officer-Worn Body Camera Act, except to the extent 
2 authorized under that Act.
3  (dd) Information that is prohibited from being 
4 disclosed under Section 45 of the Condominium and Common 
5 Interest Community Ombudsperson Act. 
6  (ee) Information that is exempted from disclosure 
7 under Section 30.1 of the Pharmacy Practice Act. 
8  (ff) Information that is exempted from disclosure 
9 under the Revised Uniform Unclaimed Property Act. 
10  (gg) Information that is prohibited from being 
11 disclosed under Section 7-603.5 of the Illinois Vehicle 
12 Code. 
13  (hh) Records that are exempt from disclosure under 
14 Section 1A-16.7 of the Election Code. 
15  (ii) Information which is exempted from disclosure 
16 under Section 2505-800 of the Department of Revenue Law of 
17 the Civil Administrative Code of Illinois. 
18  (jj) Information and reports that are required to be 
19 submitted to the Department of Labor by registering day 
20 and temporary labor service agencies but are exempt from 
21 disclosure under subsection (a-1) of Section 45 of the Day 
22 and Temporary Labor Services Act. 
23  (kk) Information prohibited from disclosure under the 
24 Seizure and Forfeiture Reporting Act. 
25  (ll) Information the disclosure of which is restricted 
26 and exempted under Section 5-30.8 of the Illinois Public 
 
 
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1 Aid Code. 
2  (mm) Records that are exempt from disclosure under 
3 Section 4.2 of the Crime Victims Compensation Act. 
4  (nn) Information that is exempt from disclosure under 
5 Section 70 of the Higher Education Student Assistance Act. 
6  (oo) Communications, notes, records, and reports 
7 arising out of a peer support counseling session 
8 prohibited from disclosure under the First Responders 
9 Suicide Prevention Act. 
10  (pp) Names and all identifying information relating to 
11 an employee of an emergency services provider or law 
12 enforcement agency under the First Responders Suicide 
13 Prevention Act. 
14  (qq) Information and records held by the Department of 
15 Public Health and its authorized representatives collected 
16 under the Reproductive Health Act. 
17  (rr) Information that is exempt from disclosure under 
18 the Cannabis Regulation and Tax Act. 
19  (ss) Data reported by an employer to the Department of 
20 Human Rights pursuant to Section 2-108 of the Illinois 
21 Human Rights Act.
22  (tt) Recordings made under the Children's Advocacy 
23 Center Act, except to the extent authorized under that 
24 Act. 
25  (uu) Information that is exempt from disclosure under 
26 Section 50 of the Sexual Assault Evidence Submission Act. 
 
 
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1  (vv) Information that is exempt from disclosure under 
2 subsections (f) and (j) of Section 5-36 of the Illinois 
3 Public Aid Code. 
4  (ww) Information that is exempt from disclosure under 
5 Section 16.8 of the State Treasurer Act. 
6  (xx) Information that is exempt from disclosure or 
7 information that shall not be made public under the 
8 Illinois Insurance Code. 
9  (yy) Information prohibited from being disclosed under 
10 the Illinois Educational Labor Relations Act.
11  (zz) Information prohibited from being disclosed under 
12 the Illinois Public Labor Relations Act. 
13  (aaa) Information prohibited from being disclosed 
14 under Section 1-167 of the Illinois Pension Code. 
15  (bbb) Information that is prohibited from disclosure 
16 by the Illinois Police Training Act and the Illinois State 
17 Police Act. 
18  (ccc) Records exempt from disclosure under Section 
19 2605-304 of the Illinois State Police Law of the Civil 
20 Administrative Code of Illinois. 
21  (ddd) Information prohibited from being disclosed 
22 under Section 35 of the Address Confidentiality for 
23 Victims of Domestic Violence, Sexual Assault, Human 
24 Trafficking, or Stalking Act. 
25  (eee) Information prohibited from being disclosed 
26 under subsection (b) of Section 75 of the Domestic 
 
 
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1 Violence Fatality Review Act. 
2  (fff) Images from cameras under the Expressway Camera 
3 Act. This subsection (fff) is inoperative on and after 
4 July 1, 2025. 
5  (ggg) Information prohibited from disclosure under 
6 paragraph (3) of subsection (a) of Section 14 of the Nurse 
7 Agency Licensing Act. 
8  (hhh) Information submitted to the Illinois State 
9 Police in an affidavit or application for an assault 
10 weapon endorsement, assault weapon attachment endorsement, 
11 .50 caliber rifle endorsement, or .50 caliber cartridge 
12 endorsement under the Firearm Owners Identification Card 
13 Act. 
14  (iii) Data exempt from disclosure under Section 50 of 
15 the School Safety Drill Act. 
16  (jjj) (hhh) Information exempt from disclosure under 
17 Section 30 of the Insurance Data Security Law. 
18  (kkk) (iii) Confidential business information 
19 prohibited from disclosure under Section 45 of the Paint 
20 Stewardship Act. 
21  (lll) (iii) Data exempt from disclosure under Section 
22 2-3.196 of the School Code. 
23  (mmm) (iii) Information prohibited from being 
24 disclosed under subsection (e) of Section 1-129 of the 
25 Illinois Power Agency Act. 
26(Source: P.A. 102-36, eff. 6-25-21; 102-237, eff. 1-1-22; 
 
 
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1102-292, eff. 1-1-22; 102-520, eff. 8-20-21; 102-559, eff. 
28-20-21; 102-813, eff. 5-13-22; 102-946, eff. 7-1-22; 
3102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; 103-8, eff. 
46-7-23; 103-34, eff. 6-9-23; 103-142, eff. 1-1-24; 103-372, 
5eff. 1-1-24; 103-472, eff. 8-1-24; 103-508, eff. 8-4-23; 
6103-580, eff. 12-8-23; revised 1-2-24.)

7 Section 15. The Illinois TRUST Act is amended by changing 
8Section 15 as follows:

9 (5 ILCS 805/15)
10 Sec. 15. Prohibition on enforcing federal civil 
11immigration laws.  
12 (a) A law enforcement agency or law enforcement official 
13shall not detain or continue to detain any individual solely 
14on the basis of any immigration detainer or civil immigration 
15warrant or otherwise comply with an immigration detainer or 
16civil immigration warrant.
17 (b) A law enforcement agency or law enforcement official 
18shall not stop, arrest, search, detain, or continue to detain 
19a person solely based on an individual's citizenship or 
20immigration status.
21 (c) (Blank).
22 (d) A law enforcement agency or law enforcement official 
23acting in good faith in compliance with this Section who 
24releases a person subject to an immigration detainer or civil 
 
 
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1immigration warrant shall have immunity from any civil or 
2criminal liability that might otherwise occur as a result of 
3making the release, with the exception of willful or wanton 
4misconduct.
5 (e) A law enforcement agency or law enforcement official 
6may not inquire about or investigate the citizenship or 
7immigration status or place of birth of any individual in the 
8agency or official's custody or who has otherwise been stopped 
9or detained by the agency or official. Nothing in this 
10subsection shall be construed to limit the ability of a law 
11enforcement agency or law enforcement official, pursuant to 
12State or federal law, to notify a person in the law enforcement 
13agency's custody about that person's right to communicate with 
14consular officers from that person's country of nationality, 
15or facilitate such communication, in accordance with the 
16Vienna Convention on Consular Relations or other bilateral 
17agreements. Nothing in this subsection shall be construed to 
18limit the ability of a law enforcement agency or law 
19enforcement official to request evidence of citizenship or 
20immigration status pursuant to the Firearm Owners 
21Identification Card Act, the Firearm Concealed Carry Act, 
22Article 24 of the Criminal Code of 2012, or 18 United States 
23Code Sections 921 through 931.
24 (f) Unless otherwise limited by federal law, a law 
25enforcement agency or law enforcement official may not deny 
26services, benefits, privileges, or opportunities to an 
 
 
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1individual in custody or under probation status, including, 
2but not limited to, eligibility for or placement in a lower 
3custody classification, educational, rehabilitative, or 
4diversionary programs, on the basis of the individual's 
5citizenship or immigration status, the issuance of an 
6immigration detainer or civil immigration warrant against the 
7individual, or the individual being in immigration removal 
8proceedings.
9 (g)(1) No law enforcement agency, law enforcement 
10official, or any unit of State or local government may enter 
11into or renew any contract, intergovernmental service 
12agreement, or any other agreement to house or detain 
13individuals for federal civil immigration violations.
14 (2) Any law enforcement agency, law enforcement official, 
15or unit of State or local government with an existing 
16contract, intergovernmental agreement, or other agreement, 
17whether in whole or in part, that is utilized to house or 
18detain individuals for civil immigration violations shall 
19exercise the termination provision in the agreement as applied 
20to housing or detaining individuals for civil immigration 
21violations no later than January 1, 2022.
22 (h) Unless presented with a federal criminal warrant, or 
23otherwise required by federal law, a law enforcement agency or 
24official may not:
25  (1) participate, support, or assist in any capacity 
26 with an immigration agent's enforcement operations, 
 
 
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1 including any collateral assistance such as coordinating 
2 an arrest in a courthouse or other public facility, 
3 providing use of any equipment, transporting any 
4 individuals, or establishing a security or traffic 
5 perimeter surrounding such operations, or any other 
6 on-site support;
7  (2) give any immigration agent access, including by 
8 telephone, to any individual who is in that agency's 
9 custody;
10  (3) transfer any person into an immigration agent's 
11 custody;
12  (4) permit immigration agents use of agency facilities 
13 or equipment, including any agency electronic databases 
14 not available to the public, for investigative interviews 
15 or other investigative or immigration enforcement purpose;
16  (5) enter into or maintain any agreement regarding 
17 direct access to any electronic database or other 
18 data-sharing platform maintained by any law enforcement 
19 agency, or otherwise provide such direct access to the 
20 U.S. Immigration and Customs Enforcement, United States 
21 Customs and Border Protection or any other federal entity 
22 enforcing civil immigration violations;
23  (6) provide information in response to any immigration 
24 agent's inquiry or request for information regarding any 
25 individual in the agency's custody; or
26  (7) provide to any immigration agent information not 
 
 
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1 otherwise available to the public relating to an 
2 individual's release or contact information, or otherwise 
3 facilitate for an immigration agent to apprehend or 
4 question an individual for immigration enforcement.
5 (i) Nothing in this Section shall preclude a law 
6enforcement official from otherwise executing that official's 
7duties in investigating violations of criminal law and 
8cooperating in such investigations with federal and other law 
9enforcement agencies (including criminal investigations 
10conducted by federal Homeland Security Investigations (HSI)) 
11in order to ensure public safety. 
12(Source: P.A. 102-234, eff. 8-2-21; 103-154, eff. 6-30-23.)

13 Section 20. The Gun Trafficking Information Act is amended 
14by changing Section 10-5 as follows:

15 (5 ILCS 830/10-5)
16 Sec. 10-5. Gun trafficking information. 
17 (a) The Illinois State Police shall use all reasonable 
18efforts, as allowed by State law and regulations, federal law 
19and regulations, and executed Memoranda of Understanding 
20between Illinois law enforcement agencies and the U.S. Bureau 
21of Alcohol, Tobacco, Firearms and Explosives, in making 
22publicly available, on a regular and ongoing basis, key 
23information related to firearms used in the commission of 
24crimes in this State, including, but not limited to: reports 
 
 
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1on crimes committed with firearms, locations where the crimes 
2occurred, the number of persons killed or injured in the 
3commission of the crimes, the state where the firearms used 
4originated, the Federal Firearms Licensee that sold the 
5firearm, the type of firearms used, if known, annual 
6statistical information concerning Firearm Owner's 
7Identification Card and concealed carry license applications, 
8revocations, and compliance with Section 9.5 of the Firearm 
9Owners Identification Card Act, the information required in 
10the report or on the Illinois State Police's website under 
11Section 85 of the Firearms Restraining Order Act, and firearm 
12dealer license certification inspections. The Illinois State 
13Police shall make the information available on its website, 
14which may be presented in a dashboard format, in addition to 
15electronically filing a report with the Governor and the 
16General Assembly. The report to the General Assembly shall be 
17filed with the Clerk of the House of Representatives and the 
18Secretary of the Senate in electronic form only, in the manner 
19that the Clerk and the Secretary shall direct. 
20 (b) The Illinois State Police shall study, on a regular 
21and ongoing basis, and compile reports on the number of 
22Firearm Owner's Identification Card checks to determine 
23firearms trafficking or straw purchase patterns. The Illinois 
24State Police shall, to the extent not inconsistent with law, 
25share such reports and underlying data with academic centers, 
26foundations, and law enforcement agencies studying firearms 
 
 
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1trafficking, provided that personally identifying information 
2is protected. For purposes of this subsection (b), a Firearm 
3Owner's Identification Card number is not personally 
4identifying information, provided that no other personal 
5information of the card holder is attached to the record. The 
6Illinois State Police may create and attach an alternate 
7unique identifying number to each Firearm Owner's 
8Identification Card number, instead of releasing the Firearm 
9Owner's Identification Card number itself.
10 (c) Each department, office, division, and agency of this 
11State shall, to the extent not inconsistent with law, 
12cooperate fully with the Illinois State Police and furnish the 
13Illinois State Police with all relevant information and 
14assistance on a timely basis as is necessary to accomplish the 
15purpose of this Act. The Illinois Criminal Justice Information 
16Authority shall submit the information required in subsection 
17(a) of this Section to the Illinois State Police, and any other 
18information as the Illinois State Police may request, to 
19assist the Illinois State Police in carrying out its duties 
20under this Act.
21(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; 
22102-813, eff. 5-13-22; 103-34, eff. 6-9-23.)

23 (15 ILCS 305/13.5 rep.)
24 Section 25. The Secretary of State Act is amended by 
25repealing Section 13.5.

 
 
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1 Section 30. The Department of State Police Law of the 
2Civil Administrative Code of Illinois is amended by changing 
3Sections 2605-10, 2605-45, 2605-200, 2605-300, 2605-595, and 
42605-605 as follows:

5 (20 ILCS 2605/2605-10) (was 20 ILCS 2605/55a in part)
6 Sec. 2605-10. Powers and duties, generally. 
7 (a) The Illinois State Police shall exercise the rights, 
8powers, and duties that have been vested in the Illinois State 
9Police by the following:
10  The Illinois State Police Act.
11  The Illinois State Police Radio Act.
12  The Criminal Identification Act.
13  The Illinois Vehicle Code.
14  The Firearm Owners Identification Card Act.
15  The Firearm Concealed Carry Act.
16  The Firearm Dealer License Certification Act.
17  The Intergovernmental Missing Child Recovery Act of 
18 1984.
19  The Intergovernmental Drug Laws Enforcement Act.
20  The Narcotic Control Division Abolition Act.
21  The Illinois Uniform Conviction Information Act.
22  The Murderer and Violent Offender Against Youth 
23 Registration Act. 
24 (b) The Illinois State Police shall have the powers and 
 
 
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1duties set forth in the following Sections.
2 (c) The Illinois State Police shall exercise the rights, 
3powers, and duties vested in the Illinois State Police to 
4implement the following protective service functions for State 
5facilities, State officials, and State employees serving in 
6their official capacity: 
7  (1) Utilize subject matter expertise and law 
8 enforcement authority to strengthen the protection of 
9 State government facilities, State employees, State 
10 officials, and State critical infrastructure. 
11  (2) Coordinate State, federal, and local law 
12 enforcement activities involving the protection of State 
13 facilities, officials, and employees. 
14  (3) Conduct investigations of criminal threats to 
15 State facilities, State critical infrastructure, State 
16 officials, and State employees. 
17  (4) Train State officials and employees in personal 
18 protection, crime prevention, facility occupant emergency 
19 planning, and incident management. 
20  (5) Establish standard protocols for prevention and 
21 response to criminal threats to State facilities, State 
22 officials, State employees, and State critical 
23 infrastructure and standard protocols for reporting of 
24 suspicious activities. 
25  (6) Establish minimum operational standards, 
26 qualifications, training, and compliance requirements for 
 
 
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1 State employees and contractors engaged in the protection 
2 of State facilities and employees. 
3  (7) At the request of departments or agencies of State 
4 government, conduct security assessments, including, but 
5 not limited to, examination of alarm systems, cameras 
6 systems, access points, personnel readiness, and emergency 
7 protocols based on risk and need. 
8  (8) Oversee the planning and implementation of 
9 security and law enforcement activities necessary for the 
10 protection of major, multi-jurisdictional events 
11 implicating potential criminal threats to State officials, 
12 State employees, or State-owned, State-leased, or 
13 State-operated critical infrastructure or facilities. 
14  (9) Oversee and direct the planning and implementation 
15 of security and law enforcement activities by the 
16 departments and agencies of the State necessary for the 
17 protection of State employees, State officials, and 
18 State-owned, State-leased, or State-operated critical 
19 infrastructure or facilities from criminal activity. 
20  (10) Advise the Governor and Homeland Security Advisor 
21 on any matters necessary for the effective protection of 
22 State facilities, critical infrastructure, officials, and 
23 employees from criminal threats. 
24  (11) Utilize intergovernmental agreements and 
25 administrative rules as needed for the effective, 
26 efficient implementation of law enforcement and support 
 
 
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1 activities necessary for the protection of State 
2 facilities, State infrastructure, State employees, and, 
3 upon the express written consent of State constitutional 
4 officials, State constitutional officials. 
5(Source: P.A. 102-538, eff. 8-20-21; 103-34, eff. 1-1-24; 
6103-564, eff. 11-17-23.)

7 (20 ILCS 2605/2605-45) (was 20 ILCS 2605/55a-5)
8 Sec. 2605-45. Division of Justice Services. The Division 
9of Justice Services shall provide administrative and technical 
10services and support to the Illinois State Police, criminal 
11justice agencies, and the public and shall exercise the 
12following functions:
13  (1) Operate and maintain the Law Enforcement Agencies 
14 Data System (LEADS), a statewide, computerized 
15 telecommunications system designed to provide services, 
16 information, and capabilities to the law enforcement and 
17 criminal justice community in the State of Illinois. The 
18 Director is responsible for establishing policy, 
19 procedures, and regulations consistent with State and 
20 federal rules, policies, and law by which LEADS operates. 
21 The Director shall designate a statewide LEADS 
22 Administrator for management of the system. The Director 
23 may appoint a LEADS Advisory Policy Board to reflect the 
24 needs and desires of the law enforcement and criminal 
25 justice community and to make recommendations concerning 
 
 
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1 policies and procedures.
2  (2) Pursue research and the publication of studies 
3 pertaining to local law enforcement activities.
4  (3) Serve as the State's point of contact for the 
5 Federal Bureau of Investigation's Uniform Crime Reporting 
6 Program and National Incident-Based Reporting System.
7  (4) Operate an electronic data processing and computer 
8 center for the storage and retrieval of data pertaining to 
9 criminal activity.
10  (5) Exercise the rights, powers, and duties vested in 
11 the Illinois State Police by the Cannabis Regulation and 
12 Tax Act and the Compassionate Use of Medical Cannabis 
13 Program Act.
14  (6) (Blank).
15  (6.5) Exercise the rights, powers, and duties vested 
16 in the Illinois State Police by the Firearm Owners 
17 Identification Card Act, the Firearm Concealed Carry Act, 
18 the Firearm Transfer Inquiry Program, the prohibited 
19 persons portal under Section 2605-304, and the Firearm 
20 Dealer License Certification Act.
21  (7) Exercise other duties that may be assigned by the 
22 Director to fulfill the responsibilities and achieve the 
23 purposes of the Illinois State Police.
24  (8) Exercise the rights, powers, and duties vested by 
25 law in the Illinois State Police by the Criminal 
26 Identification Act and the Illinois Uniform Conviction 
 
 
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1 Information Act. 
2  (9) Exercise the powers and perform the duties that 
3 have been vested in the Illinois State Police by the 
4 Murderer and Violent Offender Against Youth Registration 
5 Act, the Sex Offender Registration Act, and the Sex 
6 Offender Community Notification Law and adopt reasonable 
7 rules necessitated thereby. 
8  (10) Serve as the State central repository for 
9 criminal history record information.
10  (11) Share all necessary information with the 
11 Concealed Carry Licensing Review Board and the Firearms 
12 Owner's Identification Card Review Board necessary for the 
13 execution of its their duties. 
14(Source: P.A. 102-538, eff. 8-20-21; 103-34, eff. 1-1-24.)

15 (20 ILCS 2605/2605-200) (was 20 ILCS 2605/55a in part)
16 Sec. 2605-200. Investigations of crime; enforcement of 
17laws; records; crime laboratories; personnel. 
18 (a) To do the following:
19  (1) Investigate the origins, activities, personnel, 
20 and incidents of crime and the ways and means to redress 
21 the victims of crimes; study the impact, if any, of 
22 legislation relative to the effusion of crime and growing 
23 crime rates; and enforce the criminal laws of this State 
24 related thereto.
25  (2) Enforce all laws regulating the production, sale, 
 
 
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1 prescribing, manufacturing, administering, transporting, 
2 having in possession, dispensing, delivering, 
3 distributing, or use of controlled substances and 
4 cannabis.
5  (3) Employ skilled experts, scientists, technicians, 
6 investigators, or otherwise specially qualified persons to 
7 aid in preventing or detecting crime, apprehending 
8 criminals, or preparing and presenting evidence of 
9 violations of the criminal laws of the State.
10  (4) Cooperate with the police of cities, villages, and 
11 incorporated towns and with the police officers of any 
12 county in enforcing the laws of the State and in making 
13 arrests and recovering property.
14  (5) Apprehend and deliver up any person charged in 
15 this State or any other state of the United States with 
16 treason or a felony or other crime who has fled from 
17 justice and is found in this State.
18  (6) Conduct other investigations as provided by law.
19  (7) Be a central repository and custodian of criminal 
20 statistics for the State.
21  (8) Be a central repository for criminal history 
22 record information.
23  (9) Procure and file for record information that is 
24 necessary and helpful to plan programs of crime 
25 prevention, law enforcement, and criminal justice.
26  (10) Procure and file for record copies of 
 
 
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1 fingerprints that may be required by law.
2  (11) Establish general and field crime laboratories.
3  (12) Register and file for record information that may 
4 be required by law for the issuance of firearm owner's 
5 identification cards under the Firearm Owners 
6 Identification Card Act and concealed carry licenses under 
7 the Firearm Concealed Carry Act.
8  (13) Employ laboratory technicians and other specially 
9 qualified persons to aid in the identification of criminal 
10 activity and the identification, collection, and recovery 
11 of cyber forensics, including, but not limited to, digital 
12 evidence, and may employ polygraph operators and forensic 
13 anthropologists.
14  (14) Undertake other identification, information, 
15 laboratory, statistical, or registration activities that 
16 may be required by law.
17 (b) Persons exercising the powers set forth in subsection 
18(a) within the Illinois State Police are conservators of the 
19peace and as such have all the powers possessed by policemen in 
20cities and sheriffs, except that they may exercise those 
21powers anywhere in the State in cooperation with and after 
22contact with the local law enforcement officials. Those 
23persons may use false or fictitious names in the performance 
24of their duties under this Section, upon approval of the 
25Director, and shall not be subject to prosecution under the 
26criminal laws for that use.
 
 
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1(Source: P.A. 102-538, eff. 8-20-21; 103-34, eff. 1-1-24.)

2 (20 ILCS 2605/2605-595)
3 Sec. 2605-595. State Police Firearm Services Fund.
4 (a) There is created in the State treasury a special fund 
5known as the State Police Firearm Services Fund. The Fund 
6shall receive revenue under the Firearm Concealed Carry Act, 
7the Firearm Dealer License Certification Act, and Section 5 of 
8the Firearm Owners Identification Card Act. The Fund may also 
9receive revenue from grants, pass-through grants, donations, 
10appropriations, and any other legal source.
11 (a-5) (Blank). 
12 (b) The Illinois State Police may use moneys in the Fund to 
13finance any of its lawful purposes, mandates, functions, and 
14duties under the Firearm Owners Identification Card Act, the 
15Firearm Dealer License Certification Act, and the Firearm 
16Concealed Carry Act, including the cost of sending notices of 
17expiration of Firearm Owner's Identification Cards, concealed 
18carry licenses, the prompt and efficient processing of 
19applications under the Firearm Owners Identification Card Act 
20and the Firearm Concealed Carry Act, the improved efficiency 
21and reporting of the LEADS and federal NICS law enforcement 
22data systems, and support for investigations required under 
23that Act these Acts and law. Any surplus funds beyond what is 
24needed to comply with the aforementioned purposes shall be 
25used by the Illinois State Police to improve the Law 
 
 
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1Enforcement Agencies Data System (LEADS) and criminal history 
2background check system. 
3 (c) Investment income that is attributable to the 
4investment of moneys in the Fund shall be retained in the Fund 
5for the uses specified in this Section. 
6(Source: P.A. 102-505, eff. 8-20-21; 102-538, eff. 8-20-21; 
7103-363, eff. 7-28-23.)

8 (20 ILCS 2605/2605-605)
9 Sec. 2605-605. Violent Crime Intelligence Task Force. The 
10Director of the Illinois State Police shall establish a 
11statewide multi-jurisdictional Violent Crime Intelligence Task 
12Force led by the Illinois State Police dedicated to combating 
13gun violence, gun-trafficking, and other violent crime with 
14the primary mission of preservation of life and reducing the 
15occurrence and the fear of crime. The objectives of the Task 
16Force shall include, but not be limited to, reducing and 
17preventing illegal possession and use of firearms, 
18firearm-related homicides, and other violent crimes, and 
19solving firearm-related crimes. 
20 (1) The Task Force may develop and acquire information, 
21training, tools, and resources necessary to implement a 
22data-driven approach to policing, with an emphasis on 
23intelligence development.
24 (2) The Task Force may utilize information sharing, 
25partnerships, crime analysis, and evidence-based practices to 
 
 
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1assist in the reduction of firearm-related shootings, 
2homicides, and gun-trafficking, including, but not limited to, 
3ballistic data, eTrace data, DNA evidence, latent 
4fingerprints, firearm training data, and National Integrated 
5Ballistic Information Network (NIBIN) data. The Task Force may 
6design a model crime gun intelligence strategy which may 
7include, but is not limited to, comprehensive collection and 
8documentation of all ballistic evidence, timely transfer of 
9NIBIN and eTrace leads to an intelligence center, which may 
10include the Division of Criminal Investigation of the Illinois 
11State Police, timely dissemination of intelligence to 
12investigators, investigative follow-up, and coordinated 
13prosecution.
14 (3) The Task Force may recognize and utilize best 
15practices of community policing and may develop potential 
16partnerships with faith-based and community organizations to 
17achieve its goals.
18 (4) The Task Force may identify and utilize best practices 
19in drug-diversion programs and other community-based services 
20to redirect low-level offenders.
21 (5) The Task Force may assist in violence suppression 
22strategies including, but not limited to, details in 
23identified locations that have shown to be the most prone to 
24gun violence and violent crime, focused deterrence against 
25violent gangs and groups considered responsible for the 
26violence in communities, and other intelligence driven methods 
 
 
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1deemed necessary to interrupt cycles of violence or prevent 
2retaliation.
3 (6) In consultation with the Chief Procurement Officer, 
4the Illinois State Police may obtain contracts for software, 
5commodities, resources, and equipment to assist the Task Force 
6with achieving this Act. Any contracts necessary to support 
7the delivery of necessary software, commodities, resources, 
8and equipment are not subject to the Illinois Procurement 
9Code, except for Sections 20-60, 20-65, 20-70, and 20-160 and 
10Article 50 of that Code, provided that the Chief Procurement 
11Officer may, in writing with justification, waive any 
12certification required under Article 50 of the Illinois 
13Procurement Code.
14 (7) The Task Force shall conduct enforcement operations 
15against persons whose Firearm Owner's Identification Cards 
16have been revoked or suspended and persons who fail to comply 
17with the requirements of Section 9.5 of the Firearm Owners 
18Identification Card Act, prioritizing individuals presenting a 
19clear and present danger to themselves or to others under 
20paragraph (2) of subsection (d) of Section 8.1 of the Firearm 
21Owners Identification Card Act.
22 (8) The Task Force shall collaborate with local law 
23enforcement agencies to enforce provisions of the Firearm 
24Owners Identification Card Act, the Firearm Concealed Carry 
25Act, the Firearm Dealer License Certification Act, and Article 
2624 of the Criminal Code of 2012.
 
 
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1 (9) To implement this Section, the Director of the 
2Illinois State Police may establish intergovernmental 
3agreements with law enforcement agencies in accordance with 
4the Intergovernmental Cooperation Act.
5 (10) Law enforcement agencies that participate in 
6activities described in paragraphs (7) through (9) may apply 
7to the Illinois State Police for grants from the State Police 
8Revocation Enforcement Fund. 
9(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; 
10102-813, eff. 5-13-22.)

11 Section 35. The Illinois Criminal Justice Information Act 
12is amended by changing Section 7.9 as follows:

13 (20 ILCS 3930/7.9)
14 (Section scheduled to be repealed on July 1, 2027)
15 Sec. 7.9. Firearm Prohibitors and Records Improvement Task 
16Force.
17 (a) As used in this Section, "firearms prohibitor" means 
18any factor listed in Section 4 of the Firearm Owners 
19Identification Card Act or Section 24-3 or 24-3.1 of the 
20Criminal Code of 2012 that prohibits a person from 
21transferring or possessing a firearm, firearm ammunition, or 
22Firearm Owner's Identification Card, or concealed carry 
23license. 
24 (b) The Firearm Prohibitors and Records Improvement Task 
 
 
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1Force is created to identify and research all available 
2grants, resources, and revenue that may be applied for and 
3used by all entities responsible for reporting federal and 
4State firearm prohibitors to the Illinois State Police and the 
5National Instant Criminal Background Check System. Under the 
6Firearm Owners Identification Card Act, these reporting 
7entities include, but are not limited to, hospitals, courts, 
8law enforcement and corrections. The Task Force shall identify 
9weaknesses in reporting and recommend a strategy to direct 
10resources and revenue to ensuring reporting is reliable, 
11accurate, and timely. The Task Force shall inventory all 
12statutorily mandated firearm and gun violence related data 
13collection and reporting requirements, along with the agency 
14responsible for collecting that data, and identify gaps in 
15those requirements. The Task Force shall submit a coordinated 
16application with and through the Illinois Criminal Justice 
17Information Authority for federal funds from the National 
18Criminal History Improvement Program and the NICS Acts Record 
19Improvement Program. The Firearm Prohibitors and Records 
20Improvement Task Force shall be comprised of the following 
21members, all of whom shall serve without compensation:
22  (1) the Executive Director of the Illinois Criminal 
23 Justice Information Authority, who shall serve as Chair;
24  (2) the Director of the Illinois State Police, or his 
25 or her designee;
26  (3) the Secretary of Human Services, or his or her 
 
 
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1 designee;
2  (4) the Director of Corrections, or his or her 
3 designee;
4  (5) the Attorney General, or his or her designee;
5  (6) the Director of the Administrative Office of the 
6 Illinois Courts, or his or her designee; 
7  (7) a representative of an association representing 
8 circuit clerks appointed by the President of the Senate;
9  (8) a representative of an association representing 
10 sheriffs appointed by the House Minority Leader;
11  (9) a representative of an association representing 
12 State's Attorneys appointed by the House Minority Leader;
13  (10) a representative of an association representing 
14 chiefs of police appointed by the Senate Minority Leader;
15  (11) a representative of an association representing 
16 hospitals appointed by the Speaker of the House of 
17 Representatives;
18  (12) a representative of an association representing 
19 counties appointed by the President of the Senate; and
20  (13) a representative of an association representing 
21 municipalities appointed by the Speaker of the House of 
22 Representatives.
23 (c) The Illinois Criminal Justice Information Authority 
24shall provide administrative and other support to the Task 
25Force. The Illinois State Police Division of Justice Services 
26shall also provide support to the Illinois Criminal Justice 
 
 
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1Information Authority and the Task Force.
2 (d) The Task Force may meet in person or virtually and 
3shall issue a written report of its findings and 
4recommendations to General Assembly on or before July 1, 2022. 
5The Task Force shall issue an annual report, which shall 
6include information on the state of FOID data, including a 
7review of previous activity by the Task Force to close 
8previously identified gaps; identifying known (or new) gaps; a 
9proposal of policy and practice recommendations to close those 
10gaps; and a preview of expected activities of the Task Force 
11for the coming year.
12 (e) Within 60 days of the effective date of this 
13amendatory Act of the 102nd General Assembly, the Chair shall 
14establish the Task Force.
15 (f) This Section is repealed on July 1, 2027.
16(Source: P.A. 102-237, eff. 1-1-22.)

17 Section 40. The State Finance Act is amended by changing 
18Sections 6z-99 and 6z-127 as follows:

19 (30 ILCS 105/6z-99)
20 Sec. 6z-99. The Mental Health Reporting Fund.
21 (a) There is created in the State treasury a special fund 
22known as the Mental Health Reporting Fund. The Fund shall 
23receive revenue under the Firearm Concealed Carry Act. The 
24Fund may also receive revenue from grants, pass-through 
 
 
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1grants, donations, appropriations, and any other legal source.
2 (b) The Illinois State Police and Department of Human 
3Services shall coordinate to use moneys in the Fund to finance 
4their respective duties of collecting and reporting data on 
5mental health records and ensuring that mental health firearm 
6possession prohibitors are enforced as set forth under the 
7Firearm Concealed Carry Act and the Firearm Owners 
8Identification Card Act. Any surplus in the Fund beyond what 
9is necessary to ensure compliance with mental health reporting 
10under that Act these Acts shall be used by the Department of 
11Human Services for mental health treatment programs as 
12follows: (1) 50% shall be used to fund community-based mental 
13health programs aimed at reducing gun violence, community 
14integration and education, or mental health awareness and 
15prevention, including administrative costs; and (2) 50% shall 
16be used to award grants that use and promote the National 
17School Mental Health Curriculum model for school-based mental 
18health support, integration, and services.
19 (c) Investment income that is attributable to the 
20investment of moneys in the Fund shall be retained in the Fund 
21for the uses specified in this Section.
22(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; 
23102-813, eff. 5-13-22.)

24 (30 ILCS 105/6z-127)
25 Sec. 6z-127. State Police Revocation Enforcement Fund.
 
 
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1 (a) The State Police Revocation Enforcement Fund is 
2established as a special fund in the State treasury. This Fund 
3is established to receive moneys from the Firearm Owners 
4Identification Card Act to enforce that Act, the Firearm 
5Concealed Carry Act, Article 24 of the Criminal Code of 2012, 
6and other firearm offenses. The Fund may also receive revenue 
7from grants, donations, appropriations, and any other legal 
8source.
9 (b) The Illinois State Police may use moneys from the Fund 
10to establish task forces and, if necessary, include other law 
11enforcement agencies, under intergovernmental contracts 
12written and executed in conformity with the Intergovernmental 
13Cooperation Act.
14 (c) The Illinois State Police may use moneys in the Fund to 
15hire and train State Police officers and for the prevention of 
16violent crime.
17 (d) The State Police Revocation Enforcement Fund is not 
18subject to administrative chargebacks.
19 (e) Law enforcement agencies that participate in Firearm 
20Owner's Identification Card revocation enforcement in the 
21Violent Crime Intelligence Task Force may apply for grants 
22from the Illinois State Police.
23 (f) Any surplus in the Fund beyond what is necessary to 
24ensure compliance with subsections (a) through (e) or moneys 
25that are specifically appropriated for those purposes shall be 
26used by the Illinois State Police to award grants to assist 
 
 
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1with the data reporting requirements of the Gun Trafficking 
2Information Act. 
3(Source: P.A. 102-237, eff. 1-1-22; 102-813, eff. 5-13-22; 
4103-34, eff. 6-9-23.)

5 Section 45. The Liquor Control Act of 1934 is amended by 
6changing Section 10-1 as follows:

7 (235 ILCS 5/10-1) (from Ch. 43, par. 183)
8 Sec. 10-1. Violations; penalties. Whereas a substantial 
9threat to the sound and careful control, regulation, and 
10taxation of the manufacture, sale, and distribution of 
11alcoholic liquors exists by virtue of individuals who 
12manufacture, import, distribute, or sell alcoholic liquors 
13within the State without having first obtained a valid license 
14to do so, and whereas such threat is especially serious along 
15the borders of this State, and whereas such threat requires 
16immediate correction by this Act, by active investigation and 
17prosecution by the State Commission, law enforcement 
18officials, and prosecutors, and by prompt and strict 
19enforcement through the courts of this State to punish 
20violators and to deter such conduct in the future:
21 (a) Any person who manufactures, imports for distribution 
22or use, transports from outside this State into this State, or 
23distributes or sells 108 liters (28.53 gallons) or more of 
24wine, 45 liters (11.88 gallons) or more of distilled spirits, 
 
 
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1or 118 liters (31.17 gallons) or more of beer at any place 
2within the State without having first obtained a valid license 
3to do so under the provisions of this Act shall be guilty of a 
4Class 4 felony for each offense. However, any person who was 
5duly licensed under this Act and whose license expired within 
630 days prior to a violation shall be guilty of a business 
7offense and fined not more than $1,000 for the first such 
8offense and shall be guilty of a Class 4 felony for each 
9subsequent offense. 
10 Any person who manufactures, imports for distribution, 
11transports from outside this State into this State for sale or 
12resale in this State, or distributes or sells less than 108 
13liters (28.53 gallons) of wine, less than 45 liters (11.88 
14gallons) of distilled spirits, or less than 118 liters (31.17 
15gallons) of beer at any place within the State without having 
16first obtained a valid license to do so under the provisions of 
17this Act shall be guilty of a business offense and fined not 
18more than $1,000 for the first such offense and shall be guilty 
19of a Class 4 felony for each subsequent offense. This 
20subsection does not apply to a motor carrier or freight 
21forwarder, as defined in Section 13102 of Title 49 of the 
22United States Code, an air carrier, as defined in Section 
2340102 of Title 49 of the United States Code, or a rail carrier, 
24as defined in Section 10102 of Title 49 of the United States 
25Code. 
26 Any person who: (1) has been issued an initial cease and 
 
 
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1desist notice from the State Commission; and (2) for 
2compensation, does any of the following: (i) ships alcoholic 
3liquor into this State without a license authorized by Section 
45-1 issued by the State Commission or in violation of that 
5license; or (ii) manufactures, imports for distribution, 
6transports from outside this State into this State for sale or 
7resale in this State, or distributes or sells alcoholic 
8liquors at any place without having first obtained a valid 
9license to do so is guilty of a Class 4 felony for each 
10offense. 
11 (b) (1) Any retailer, caterer retailer, brew pub, special 
12event retailer, special use permit holder, homebrewer special 
13event permit holder, or craft distiller tasting permit holder 
14who knowingly causes alcoholic liquors to be imported directly 
15into the State of Illinois from outside of the State for the 
16purpose of furnishing, giving, or selling to another, except 
17when having received the product from a duly licensed 
18distributor or importing distributor, shall have his license 
19suspended for 30 days for the first offense and for the second 
20offense, shall have his license revoked by the Commission.
21 (2) In the event the State Commission receives a certified 
22copy of a final order from a foreign jurisdiction that an 
23Illinois retail licensee has been found to have violated that 
24foreign jurisdiction's laws, rules, or regulations concerning 
25the importation of alcoholic liquor into that foreign 
26jurisdiction, the violation may be grounds for the State 
 
 
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1Commission to revoke, suspend, or refuse to issue or renew a 
2license, to impose a fine, or to take any additional action 
3provided by this Act with respect to the Illinois retail 
4license or licensee. Any such action on the part of the State 
5Commission shall be in accordance with this Act and 
6implementing rules.
7 For the purposes of paragraph (2): (i) "foreign 
8jurisdiction" means a state, territory, or possession of the 
9United States, the District of Columbia, or the Commonwealth 
10of Puerto Rico, and (ii) "final order" means an order or 
11judgment of a court or administrative body that determines the 
12rights of the parties respecting the subject matter of the 
13proceeding, that remains in full force and effect, and from 
14which no appeal can be taken.
15 (c) Any person who shall make any false statement or 
16otherwise violates any of the provisions of this Act in 
17obtaining any license hereunder, or who having obtained a 
18license hereunder shall violate any of the provisions of this 
19Act with respect to the manufacture, possession, distribution 
20or sale of alcoholic liquor, or with respect to the 
21maintenance of the licensed premises, or shall violate any 
22other provision of this Act, shall for a first offense be 
23guilty of a petty offense and fined not more than $500, and for 
24a second or subsequent offense shall be guilty of a Class B 
25misdemeanor.
26 (c-5) (Blank). Any owner of an establishment that serves 
 
 
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1alcohol on its premises, if more than 50% of the 
2establishment's gross receipts within the prior 3 months is 
3from the sale of alcohol, who knowingly fails to prohibit 
4concealed firearms on its premises or who knowingly makes a 
5false statement or record to avoid the prohibition of 
6concealed firearms on its premises under the Firearm Concealed 
7Carry Act shall be guilty of a business offense with a fine up 
8to $5,000. 
9 (d) Each day any person engages in business as a 
10manufacturer, foreign importer, importing distributor, 
11distributor or retailer in violation of the provisions of this 
12Act shall constitute a separate offense.
13 (e) Any person, under the age of 21 years who, for the 
14purpose of buying, accepting or receiving alcoholic liquor 
15from a licensee, represents that he is 21 years of age or over 
16shall be guilty of a Class A misdemeanor.
17 (f) In addition to the penalties herein provided, any 
18person licensed as a wine-maker in either class who 
19manufactures more wine than authorized by his license shall be 
20guilty of a business offense and shall be fined $1 for each 
21gallon so manufactured.
22 (g) A person shall be exempt from prosecution for a 
23violation of this Act if he is a peace officer in the 
24enforcement of the criminal laws and such activity is approved 
25in writing by one of the following:
26  (1) In all counties, the respective State's Attorney;
 
 
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1  (2) The Director of the Illinois State Police under 
2 Section 2605-10, 2605-15, 2605-51, 2605-52, 2605-75, 
3 2605-190, 2605-200, 2605-205, 2605-210, 2605-215, 
4 2605-250, 2605-275, 2605-305, 2605-315, 2605-325, 
5 2605-335, 2605-340, 2605-350, 2605-355, 2605-360, 
6 2605-365, 2605-375, 2605-400, 2605-405, 2605-420, 
7 2605-430, 2605-435, 2605-525, or 2605-550 of the Illinois 
8 State Police Law; or
9  (3) In cities over 1,000,000, the Superintendent of 
10 Police.
11(Source: P.A. 101-37, eff. 7-3-19; 102-538, eff. 8-20-21.)

12 Section 50. The Firearm Owners Identification Card Act is 
13amended by changing Sections 2, 3, 3.1, 4, 5, 7, 8.5 and 13.1 
14as follows:

15 (430 ILCS 65/2) (from Ch. 38, par. 83-2)
16 Sec. 2. Firearm Owner's Identification Card required; 
17exceptions. 
18 (a) (1) No person may acquire or possess any firearm, stun 
19gun, or taser within this State without having in his or her 
20possession a Firearm Owner's Identification Card previously 
21issued in his or her name by the Illinois State Police under 
22the provisions of this Act.
23 (2) No person may acquire or possess firearm ammunition 
24within this State without having in his or her possession a 
 
 
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1Firearm Owner's Identification Card previously issued in his 
2or her name by the Illinois State Police under the provisions 
3of this Act.
4 (b) The provisions of this Section regarding the 
5possession of firearms, firearm ammunition, stun guns, and 
6tasers do not apply to:
7  (1) United States Marshals, while engaged in the 
8 operation of their official duties;
9  (2) Members of the Armed Forces of the United States 
10 or the National Guard, while engaged in the operation of 
11 their official duties;
12  (3) Federal officials required to carry firearms, 
13 while engaged in the operation of their official duties;
14  (4) Members of bona fide veterans organizations which 
15 receive firearms directly from the armed forces of the 
16 United States, while using the firearms for ceremonial 
17 purposes with blank ammunition;
18  (5) Nonresident hunters during hunting season, with 
19 valid nonresident hunting licenses and while in an area 
20 where hunting is permitted; however, at all other times 
21 and in all other places these persons must have their 
22 firearms unloaded and enclosed in a case;
23  (6) Those hunters exempt from obtaining a hunting 
24 license who are required to submit their Firearm Owner's 
25 Identification Card when hunting on Department of Natural 
26 Resources owned or managed sites;
 
 
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1  (7) Nonresidents while on a firing or shooting range 
2 recognized by the Illinois State Police; however, these 
3 persons must at all other times and in all other places 
4 have their firearms unloaded and enclosed in a case; 
5  (8) Nonresidents while at a firearm showing or display 
6 recognized by the Illinois State Police; however, at all 
7 other times and in all other places these persons must 
8 have their firearms unloaded and enclosed in a case;
9  (9) Nonresidents whose firearms are unloaded and 
10 enclosed in a case;
11  (10) Nonresidents who are currently licensed or 
12 registered to possess a firearm in their resident state;
13  (11) Unemancipated minors while in the custody and 
14 immediate control of their parent or legal guardian or 
15 other person in loco parentis to the minor if the parent or 
16 legal guardian or other person in loco parentis to the 
17 minor has a currently valid Firearm Owner's Identification 
18 Card;
19  (12) Color guards of bona fide veterans organizations 
20 or members of bona fide American Legion bands while using 
21 firearms for ceremonial purposes with blank ammunition;
22  (13) Nonresident hunters whose state of residence does 
23 not require them to be licensed or registered to possess a 
24 firearm and only during hunting season, with valid hunting 
25 licenses, while accompanied by, and using a firearm owned 
26 by, a person who possesses a valid Firearm Owner's 
 
 
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1 Identification Card and while in an area within a 
2 commercial club licensed under the Wildlife Code where 
3 hunting is permitted and controlled, but in no instance 
4 upon sites owned or managed by the Department of Natural 
5 Resources;
6  (14) Resident hunters who are properly authorized to 
7 hunt and, while accompanied by a person who possesses a 
8 valid Firearm Owner's Identification Card, hunt in an area 
9 within a commercial club licensed under the Wildlife Code 
10 where hunting is permitted and controlled; and 
11  (15) A person who is otherwise eligible to obtain a 
12 Firearm Owner's Identification Card under this Act and is 
13 under the direct supervision of a holder of a Firearm 
14 Owner's Identification Card who is 21 years of age or 
15 older while the person is on a firing or shooting range or 
16 is a participant in a firearms safety and training course 
17 recognized by a law enforcement agency or a national, 
18 statewide shooting sports organization. 
19 (c) The provisions of this Section regarding the 
20acquisition and possession of firearms, firearm ammunition, 
21stun guns, and tasers do not apply to law enforcement 
22officials of this or any other jurisdiction, while engaged in 
23the operation of their official duties.
24 (c-5) (Blank). The provisions of paragraphs (1) and (2) of 
25subsection (a) of this Section regarding the possession of 
26firearms and firearm ammunition do not apply to the holder of a 
 
 
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1valid concealed carry license issued under the Firearm 
2Concealed Carry Act who is in physical possession of the 
3concealed carry license. 
4 (d) Any person who becomes a resident of this State, who is 
5not otherwise prohibited from obtaining, possessing, or using 
6a firearm or firearm ammunition, shall not be required to have 
7a Firearm Owner's Identification Card to possess firearms or 
8firearms ammunition until 60 calendar days after he or she 
9obtains an Illinois driver's license or Illinois 
10Identification Card. 
11(Source: P.A. 102-538, eff. 8-20-21; 102-1116, eff. 1-10-23.)

12 (430 ILCS 65/3) (from Ch. 38, par. 83-3)
13 Sec. 3. (a) Except as provided in Section 3a, no person may 
14knowingly transfer, or cause to be transferred, any firearm, 
15firearm ammunition, stun gun, or taser to any person within 
16this State unless the transferee with whom he deals displays 
17either: (1) a currently valid Firearm Owner's Identification 
18Card which has previously been issued in his or her name by the 
19Illinois State Police under the provisions of this Act; or (2) 
20a currently valid license to carry a concealed firearm which 
21has previously been issued in his or her name by the Illinois 
22State Police under the Firearm Concealed Carry Act. In 
23addition, all firearm, stun gun, and taser transfers by 
24federally licensed firearm dealers are subject to Section 3.1.
25 (a-5) Any person who is not a federally licensed firearm 
 
 
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1dealer and who desires to transfer or sell a firearm while that 
2person is on the grounds of a gun show must, before selling or 
3transferring the firearm, request the Illinois State Police to 
4conduct a background check on the prospective recipient of the 
5firearm in accordance with Section 3.1. 
6 (a-10) Notwithstanding item (2) of subsection (a) of this 
7Section, any person who is not a federally licensed firearm 
8dealer and who desires to transfer or sell a firearm or 
9firearms to any person who is not a federally licensed firearm 
10dealer shall, before selling or transferring the firearms, 
11contact a federal firearm license dealer under paragraph (1) 
12of subsection (a-15) of this Section to conduct the transfer 
13or the Illinois State Police with the transferee's or 
14purchaser's Firearm Owner's Identification Card number to 
15determine the validity of the transferee's or purchaser's 
16Firearm Owner's Identification Card under State and federal 
17law, including the National Instant Criminal Background Check 
18System. This subsection shall not be effective until July 1, 
192023. Until that date the transferor shall contact the 
20Illinois State Police with the transferee's or purchaser's 
21Firearm Owner's Identification Card number to determine the 
22validity of the card. The Illinois State Police may adopt 
23rules concerning the implementation of this subsection. The 
24Illinois State Police shall provide the seller or transferor 
25an approval number if the purchaser's Firearm Owner's 
26Identification Card is valid. Approvals issued by the Illinois 
 
 
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1State Police for the purchase of a firearm pursuant to this 
2subsection are valid for 30 days from the date of issue.
3 (a-15) The provisions of subsection (a-10) of this Section 
4do not apply to:
5  (1) transfers that occur at the place of business of a 
6 federally licensed firearm dealer, if the federally 
7 licensed firearm dealer conducts a background check on the 
8 prospective recipient of the firearm in accordance with 
9 Section 3.1 of this Act and follows all other applicable 
10 federal, State, and local laws as if he or she were the 
11 seller or transferor of the firearm, although the dealer 
12 is not required to accept the firearm into his or her 
13 inventory. The purchaser or transferee may be required by 
14 the federally licensed firearm dealer to pay a fee not to 
15 exceed $25 per firearm, which the dealer may retain as 
16 compensation for performing the functions required under 
17 this paragraph, plus the applicable fees authorized by 
18 Section 3.1;
19  (2) transfers as a bona fide gift to the transferor's 
20 husband, wife, son, daughter, stepson, stepdaughter, 
21 father, mother, stepfather, stepmother, brother, sister, 
22 nephew, niece, uncle, aunt, grandfather, grandmother, 
23 grandson, granddaughter, father-in-law, mother-in-law, 
24 son-in-law, or daughter-in-law;
25  (3) transfers by persons acting pursuant to operation 
26 of law or a court order;
 
 
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1  (4) transfers on the grounds of a gun show under 
2 subsection (a-5) of this Section;
3  (5) the delivery of a firearm by its owner to a 
4 gunsmith for service or repair, the return of the firearm 
5 to its owner by the gunsmith, or the delivery of a firearm 
6 by a gunsmith to a federally licensed firearms dealer for 
7 service or repair and the return of the firearm to the 
8 gunsmith;
9  (6) temporary transfers that occur while in the home 
10 of the unlicensed transferee, if the unlicensed transferee 
11 is not otherwise prohibited from possessing firearms and 
12 the unlicensed transferee reasonably believes that 
13 possession of the firearm is necessary to prevent imminent 
14 death or great bodily harm to the unlicensed transferee;
15  (7) transfers to a law enforcement or corrections 
16 agency or a law enforcement or corrections officer acting 
17 within the course and scope of his or her official duties;
18  (8) transfers of firearms that have been rendered 
19 permanently inoperable to a nonprofit historical society, 
20 museum, or institutional collection; and
21  (9) transfers to a person who is exempt from the 
22 requirement of possessing a Firearm Owner's Identification 
23 Card under Section 2 of this Act.
24 (a-20) The Illinois State Police shall develop an 
25Internet-based system for individuals to determine the 
26validity of a Firearm Owner's Identification Card prior to the 
 
 
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1sale or transfer of a firearm. The Illinois State Police shall 
2have the Internet-based system updated and available for use 
3by January 1, 2024. The Illinois State Police shall adopt 
4rules not inconsistent with this Section to implement this 
5system; but no rule shall allow the Illinois State Police to 
6retain records in contravention of State and federal law.
7 (a-25) On or before January 1, 2022, the Illinois State 
8Police shall develop an Internet-based system upon which the 
9serial numbers of firearms that have been reported stolen are 
10available for public access for individuals to ensure any 
11firearms are not reported stolen prior to the sale or transfer 
12of a firearm under this Section. The Illinois State Police 
13shall have the Internet-based system completed and available 
14for use by July 1, 2022. The Illinois State Police shall adopt 
15rules not inconsistent with this Section to implement this 
16system. 
17 (b) Any person within this State who transfers or causes 
18to be transferred any firearm, stun gun, or taser shall keep a 
19record of such transfer for a period of 10 years from the date 
20of transfer. Any person within this State who receives any 
21firearm, stun gun, or taser pursuant to subsection (a-10) 
22shall provide a record of the transfer within 10 days of the 
23transfer to a federally licensed firearm dealer and shall not 
24be required to maintain a transfer record. The federally 
25licensed firearm dealer shall maintain the transfer record for 
2620 years from the date of receipt. A federally licensed 
 
 
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1firearm dealer may charge a fee not to exceed $25 to retain the 
2record. The record shall be provided and maintained in either 
3an electronic or paper format. The federally licensed firearm 
4dealer shall not be liable for the accuracy of any information 
5in the transfer record submitted pursuant to this Section. 
6Such records shall contain the date of the transfer; the 
7description, serial number or other information identifying 
8the firearm, stun gun, or taser if no serial number is 
9available; and, if the transfer was completed within this 
10State, the transferee's Firearm Owner's Identification Card 
11number and any approval number or documentation provided by 
12the Illinois State Police pursuant to subsection (a-10) of 
13this Section; if the transfer was not completed within this 
14State, the record shall contain the name and address of the 
15transferee. On or after January 1, 2006, the record shall 
16contain the date of application for transfer of the firearm. 
17On demand of a peace officer such transferor shall produce for 
18inspection such record of transfer. For any transfer pursuant 
19to subsection (a-10) of this Section, on the demand of a peace 
20officer, such transferee shall identify the federally licensed 
21firearm dealer maintaining the transfer record. If the 
22transfer or sale took place at a gun show, the record shall 
23include the unique identification number. Failure to record 
24the unique identification number or approval number is a petty 
25offense. For transfers of a firearm, stun gun, or taser made on 
26or after January 18, 2019 (the effective date of Public Act 
 
 
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1100-1178), failure by the private seller to maintain the 
2transfer records in accordance with this Section, or failure 
3by a transferee pursuant to subsection a-10 of this Section to 
4identify the federally licensed firearm dealer maintaining the 
5transfer record, is a Class A misdemeanor for the first 
6offense and a Class 4 felony for a second or subsequent offense 
7occurring within 10 years of the first offense and the second 
8offense was committed after conviction of the first offense. 
9Whenever any person who has not previously been convicted of 
10any violation of subsection (a-5), the court may grant 
11supervision pursuant to and consistent with the limitations of 
12Section 5-6-1 of the Unified Code of Corrections. A transferee 
13or transferor shall not be criminally liable under this 
14Section provided that he or she provides the Illinois State 
15Police with the transfer records in accordance with procedures 
16established by the Illinois State Police. The Illinois State 
17Police shall establish, by rule, a standard form on its 
18website. 
19 (b-5) Any resident may purchase ammunition from a person 
20within or outside of Illinois if shipment is by United States 
21mail or by a private express carrier authorized by federal law 
22to ship ammunition. Any resident purchasing ammunition within 
23or outside the State of Illinois must provide the seller with a 
24copy of his or her valid Firearm Owner's Identification Card 
25or valid concealed carry license and either his or her 
26Illinois driver's license or Illinois State Identification 
 
 
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1Card prior to the shipment of the ammunition. The ammunition 
2may be shipped only to an address on either of those 2 
3documents.
4 (c) The provisions of this Section regarding the transfer 
5of firearm ammunition shall not apply to those persons 
6specified in paragraph (b) of Section 2 of this Act.
7(Source: P.A. 102-237, eff. 1-1-24; 102-538, eff. 8-20-21; 
8102-813, eff. 5-13-22; 102-1116, eff. 1-10-23.)

9 (430 ILCS 65/3.1) (from Ch. 38, par. 83-3.1)
10 Sec. 3.1. Firearm Transfer Inquiry Program. 
11 (a) The Illinois State Police shall provide a dial up 
12telephone system or utilize other existing technology which 
13shall be used by any federally licensed firearm dealer, gun 
14show promoter, or gun show vendor who is to transfer a firearm, 
15stun gun, or taser under the provisions of this Act. The 
16Illinois State Police may utilize existing technology which 
17allows the caller to be charged a fee not to exceed $2. Fees 
18collected by the Illinois State Police shall be deposited in 
19the State Police Firearm Services Fund and used to provide the 
20service. 
21 (b) Upon receiving a request from a federally licensed 
22firearm dealer, gun show promoter, or gun show vendor, the 
23Illinois State Police shall immediately approve or, within the 
24time period established by Section 24-3 of the Criminal Code 
25of 2012 regarding the delivery of firearms, stun guns, and 
 
 
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1tasers, notify the inquiring dealer, gun show promoter, or gun 
2show vendor of any objection that would disqualify the 
3transferee from acquiring or possessing a firearm, stun gun, 
4or taser. In conducting the inquiry, the Illinois State Police 
5shall initiate and complete an automated search of its 
6criminal history record information files and those of the 
7Federal Bureau of Investigation, including the National 
8Instant Criminal Background Check System, and of the files of 
9the Department of Human Services relating to mental health and 
10developmental disabilities to obtain any felony conviction or 
11patient hospitalization information which would disqualify a 
12person from obtaining or require revocation of a currently 
13valid Firearm Owner's Identification Card.
14 (b-5) By January 1, 2023, the Illinois State Police shall 
15by rule provide a process for the automatic renewal of the 
16Firearm Owner's Identification Card of a person at the time of 
17an inquiry in subsection (b). Persons eligible for this 
18process must have a set of fingerprints on file with their 
19applications under either subsection (a-25) of Section 4 or 
20the Firearm Concealed Carry Act. 
21 (c) If receipt of a firearm would not violate Section 24-3 
22of the Criminal Code of 2012, federal law, or this Act, the 
23Illinois State Police shall:
24  (1) assign a unique identification number to the 
25 transfer; and
26  (2) provide the licensee, gun show promoter, or gun 
 
 
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1 show vendor with the number.
2 (d) Approvals issued by the Illinois State Police for the 
3purchase of a firearm are valid for 30 days from the date of 
4issue. 
5 (e) (1) The Illinois State Police must act as the Illinois 
6Point of Contact for the National Instant Criminal Background 
7Check System.
8 (2) The Illinois State Police and the Department of Human 
9Services shall, in accordance with State and federal law 
10regarding confidentiality, enter into a memorandum of 
11understanding with the Federal Bureau of Investigation for the 
12purpose of implementing the National Instant Criminal 
13Background Check System in the State. The Illinois State 
14Police shall report the name, date of birth, and physical 
15description of any person prohibited from possessing a firearm 
16pursuant to the Firearm Owners Identification Card Act or 18 
17U.S.C. 922(g) and (n) to the National Instant Criminal 
18Background Check System Index, Denied Persons Files. 
19 (3) The Illinois State Police shall provide notice of the 
20disqualification of a person under subsection (b) of this 
21Section or the revocation of a person's Firearm Owner's 
22Identification Card under Section 8 or Section 8.2 of this 
23Act, and the reason for the disqualification or revocation, to 
24all law enforcement agencies with jurisdiction to assist with 
25the seizure of the person's Firearm Owner's Identification 
26Card. 
 
 
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1 (f) The Illinois State Police shall adopt rules not 
2inconsistent with this Section to implement this system.
3(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; 
4102-813, eff. 5-13-22.)

5 (430 ILCS 65/4) (from Ch. 38, par. 83-4)
6 Sec. 4. Application for Firearm Owner's Identification 
7Cards. 
8 (a) Each applicant for a Firearm Owner's Identification 
9Card must: 
10  (1) Submit an application as made available by the 
11 Illinois State Police; and
12  (2) Submit evidence to the Illinois State Police that:
13   (i) This subparagraph (i) applies through the 
14 180th day following July 12, 2019 (the effective date 
15 of Public Act 101-80). He or she is 21 years of age or 
16 over, or if he or she is under 21 years of age that he 
17 or she has the written consent of his or her parent or 
18 legal guardian to possess and acquire firearms and 
19 firearm ammunition and that he or she has never been 
20 convicted of a misdemeanor other than a traffic 
21 offense or adjudged delinquent, provided, however, 
22 that such parent or legal guardian is not an 
23 individual prohibited from having a Firearm Owner's 
24 Identification Card and files an affidavit with the 
25 Department as prescribed by the Department stating 
 
 
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1 that he or she is not an individual prohibited from 
2 having a Card;
3   (i-5) This subparagraph (i-5) applies on and after 
4 the 181st day following July 12, 2019 (the effective 
5 date of Public Act 101-80). He or she is 21 years of 
6 age or over, or if he or she is under 21 years of age 
7 that he or she has never been convicted of a 
8 misdemeanor other than a traffic offense or adjudged 
9 delinquent and is an active duty member of the United 
10 States Armed Forces or the Illinois National Guard or 
11 has the written consent of his or her parent or legal 
12 guardian to possess and acquire firearms and firearm 
13 ammunition, provided, however, that such parent or 
14 legal guardian is not an individual prohibited from 
15 having a Firearm Owner's Identification Card and files 
16 an affidavit with the Illinois State Police as 
17 prescribed by the Illinois State Police stating that 
18 he or she is not an individual prohibited from having a 
19 Card or the active duty member of the United States 
20 Armed Forces or the Illinois National Guard under 21 
21 years of age annually submits proof to the Illinois 
22 State Police, in a manner prescribed by the Illinois 
23 State Police; 
24   (ii) He or she has not been convicted of a felony 
25 under the laws of this or any other jurisdiction;
26   (iii) He or she is not addicted to narcotics;
 
 
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1   (iv) He or she has not been a patient in a mental 
2 health facility within the past 5 years or, if he or 
3 she has been a patient in a mental health facility more 
4 than 5 years ago submit the certification required 
5 under subsection (u) of Section 8 of this Act;
6   (v) He or she is not a person with an intellectual 
7 disability;
8   (vi) He or she is not a noncitizen who is 
9 unlawfully present in the United States under the laws 
10 of the United States;
11   (vii) He or she is not subject to an existing order 
12 of protection prohibiting him or her from possessing a 
13 firearm;
14   (viii) He or she has not been convicted within the 
15 past 5 years of battery, assault, aggravated assault, 
16 violation of an order of protection, or a 
17 substantially similar offense in another jurisdiction, 
18 in which a firearm was used or possessed;
19   (ix) He or she has not been convicted of domestic 
20 battery, aggravated domestic battery, or a 
21 substantially similar offense in another jurisdiction 
22 committed before, on or after January 1, 2012 (the 
23 effective date of Public Act 97-158). If the applicant 
24 knowingly and intelligently waives the right to have 
25 an offense described in this clause (ix) tried by a 
26 jury, and by guilty plea or otherwise, results in a 
 
 
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1 conviction for an offense in which a domestic 
2 relationship is not a required element of the offense 
3 but in which a determination of the applicability of 
4 18 U.S.C. 922(g)(9) is made under Section 112A-11.1 of 
5 the Code of Criminal Procedure of 1963, an entry by the 
6 court of a judgment of conviction for that offense 
7 shall be grounds for denying the issuance of a Firearm 
8 Owner's Identification Card under this Section;
9   (x) (Blank);
10   (xi) He or she is not a noncitizen who has been 
11 admitted to the United States under a non-immigrant 
12 visa (as that term is defined in Section 101(a)(26) of 
13 the Immigration and Nationality Act (8 U.S.C. 
14 1101(a)(26))), or that he or she is a noncitizen who 
15 has been lawfully admitted to the United States under 
16 a non-immigrant visa if that noncitizen is:
17    (1) admitted to the United States for lawful 
18 hunting or sporting purposes;
19    (2) an official representative of a foreign 
20 government who is:
21     (A) accredited to the United States 
22 Government or the Government's mission to an 
23 international organization having its 
24 headquarters in the United States; or
25     (B) en route to or from another country to 
26 which that noncitizen is accredited;
 
 
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1    (3) an official of a foreign government or 
2 distinguished foreign visitor who has been so 
3 designated by the Department of State;
4    (4) a foreign law enforcement officer of a 
5 friendly foreign government entering the United 
6 States on official business; or
7    (5) one who has received a waiver from the 
8 Attorney General of the United States pursuant to 
9 18 U.S.C. 922(y)(3);
10   (xii) He or she is not a minor subject to a 
11 petition filed under Section 5-520 of the Juvenile 
12 Court Act of 1987 alleging that the minor is a 
13 delinquent minor for the commission of an offense that 
14 if committed by an adult would be a felony;
15   (xiii) He or she is not an adult who had been 
16 adjudicated a delinquent minor under the Juvenile 
17 Court Act of 1987 for the commission of an offense that 
18 if committed by an adult would be a felony;
19   (xiv) He or she is a resident of the State of 
20 Illinois; 
21   (xv) He or she has not been adjudicated as a person 
22 with a mental disability; 
23   (xvi) He or she has not been involuntarily 
24 admitted into a mental health facility; and 
25   (xvii) He or she is not a person with a 
26 developmental disability; and 
 
 
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1  (3) Upon request by the Illinois State Police, sign a 
2 release on a form prescribed by the Illinois State Police 
3 waiving any right to confidentiality and requesting the 
4 disclosure to the Illinois State Police of limited mental 
5 health institution admission information from another 
6 state, the District of Columbia, any other territory of 
7 the United States, or a foreign nation concerning the 
8 applicant for the sole purpose of determining whether the 
9 applicant is or was a patient in a mental health 
10 institution and disqualified because of that status from 
11 receiving a Firearm Owner's Identification Card. No mental 
12 health care or treatment records may be requested. The 
13 information received shall be destroyed within one year of 
14 receipt.
15 (a-5) Each applicant for a Firearm Owner's Identification 
16Card who is over the age of 18 shall furnish to the Illinois 
17State Police either his or her Illinois driver's license 
18number or Illinois Identification Card number, except as 
19provided in subsection (a-10).
20 (a-10) Each applicant for a Firearm Owner's Identification 
21Card, who is employed as a law enforcement officer, an armed 
22security officer in Illinois, or by the United States Military 
23permanently assigned in Illinois and who is not an Illinois 
24resident, shall furnish to the Illinois State Police his or 
25her driver's license number or state identification card 
26number from his or her state of residence. The Illinois State 
 
 
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1Police may adopt rules to enforce the provisions of this 
2subsection (a-10).
3 (a-15) If an applicant applying for a Firearm Owner's 
4Identification Card moves from the residence address named in 
5the application, he or she shall immediately notify in a form 
6and manner prescribed by the Illinois State Police of that 
7change of address.
8 (a-20) Each applicant for a Firearm Owner's Identification 
9Card shall furnish to the Illinois State Police his or her 
10photograph. An applicant who is 21 years of age or older 
11seeking a religious exemption to the photograph requirement 
12must furnish with the application an approved copy of United 
13States Department of the Treasury Internal Revenue Service 
14Form 4029. In lieu of a photograph, an applicant regardless of 
15age seeking a religious exemption to the photograph 
16requirement shall submit fingerprints on a form and manner 
17prescribed by the Illinois State Police with his or her 
18application. 
19 (a-25) Beginning January 1, 2023, each applicant for the 
20issuance of a Firearm Owner's Identification Card may include 
21a full set of his or her fingerprints in electronic format to 
22the Illinois State Police, unless the applicant has previously 
23provided a full set of his or her fingerprints to the Illinois 
24State Police under this Act or the Firearm Concealed Carry 
25Act.
26 The fingerprints must be transmitted through a live scan 
 
 
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1fingerprint vendor licensed by the Department of Financial and 
2Professional Regulation. The fingerprints shall be checked 
3against the fingerprint records now and hereafter filed in the 
4Illinois State Police and Federal Bureau of Investigation 
5criminal history records databases, including all available 
6State and local criminal history record information files.
7 The Illinois State Police shall charge applicants a 
8one-time fee for conducting the criminal history record check, 
9which shall be deposited into the State Police Services Fund 
10and shall not exceed the actual cost of the State and national 
11criminal history record check.
12 (a-26) The Illinois State Police shall research, explore, 
13and report to the General Assembly by January 1, 2022 on the 
14feasibility of permitting voluntarily submitted fingerprints 
15obtained for purposes other than Firearm Owner's 
16Identification Card enforcement that are contained in the 
17Illinois State Police database for purposes of this Act. 
18 (b) Each application form shall include the following 
19statement printed in bold type: "Warning: Entering false 
20information on an application for a Firearm Owner's 
21Identification Card is punishable as a Class 2 felony in 
22accordance with subsection (d-5) of Section 14 of the Firearm 
23Owners Identification Card Act.".
24 (c) Upon such written consent, pursuant to Section 4, 
25paragraph (a)(2)(i), the parent or legal guardian giving the 
26consent shall be liable for any damages resulting from the 
 
 
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1applicant's use of firearms or firearm ammunition.
2(Source: P.A. 101-80, eff. 7-12-19; 102-237, eff. 1-1-22; 
3102-538, eff. 8-20-21; 102-813, eff. 5-13-22; 102-1030, eff. 
45-27-22; 102-1116, eff. 1-10-23.)

5 (430 ILCS 65/5) (from Ch. 38, par. 83-5)
6 Sec. 5. Application and renewal. 
7 (a) The Illinois State Police shall either approve or deny 
8all applications within 30 days from the date they are 
9received, except as provided in subsections (b) and (c), and 
10every applicant found qualified under Section 8 of this Act by 
11the Illinois State Police shall be entitled to a Firearm 
12Owner's Identification Card upon the payment of a $10 fee and 
13applicable processing fees. The processing fees shall be 
14limited to charges by the State Treasurer for using the 
15electronic online payment system. Any applicant who is an 
16active duty member of the Armed Forces of the United States, a 
17member of the Illinois National Guard, or a member of the 
18Reserve Forces of the United States is exempt from the 
19application fee. $5 of each fee derived from the issuance of a 
20Firearm Owner's Identification Card or renewals thereof shall 
21be deposited in the State Police Firearm Services Fund and $5 
22into the State Police Revocation Enforcement Fund.
23 (b) Renewal applications shall be approved or denied 
24within 60 business days, provided the applicant submitted his 
25or her renewal application prior to the expiration of his or 
 
 
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1her Firearm Owner's Identification Card. If a renewal 
2application has been submitted prior to the expiration date of 
3the applicant's Firearm Owner's Identification Card, the 
4Firearm Owner's Identification Card shall remain valid while 
5the Illinois State Police processes the application, unless 
6the person is subject to or becomes subject to revocation 
7under this Act. The cost for a renewal application shall be $10 
8and may include applicable processing fees, which shall be 
9limited to charges by the State Treasurer for using the 
10electronic online payment system, which shall be deposited 
11into the State Police Firearm Services Fund.
12 (c) (Blank). If the Firearm Owner's Identification Card of 
13a licensee under the Firearm Concealed Carry Act expires 
14during the term of the licensee's concealed carry license, the 
15Firearm Owner's Identification Card and the license remain 
16valid and the licensee does not have to renew his or her 
17Firearm Owner's Identification Card during the duration of the 
18concealed carry license. Unless the Illinois State Police has 
19reason to believe the licensee is no longer eligible for the 
20card, the Illinois State Police may automatically renew the 
21licensee's Firearm Owner's Identification Card and send a 
22renewed Firearm Owner's Identification Card to the licensee.
23 (d) The Illinois State Police may adopt rules concerning 
24the use of voluntarily submitted fingerprints, as allowed by 
25State and federal law. 
26(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; 
 
 
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1102-813, eff. 5-13-22.)

2 (430 ILCS 65/7) (from Ch. 38, par. 83-7)
3 Sec. 7. Validity of Firearm Owner's Identification Card. 
4 (a) Except as provided in Section 8 of this Act or 
5elsewhere in this Section, a Firearm Owner's Identification 
6Card issued under the provisions of this Act shall be valid for 
7the person to whom it is issued for a period of 10 years from 
8the date of issuance. Unless the person no longer meets the 
9requirements or becomes subject to suspension or revocation 
10under this Act, a card issued under an application made as 
11provided in subsection (a-25) of Section 4 shall remain valid 
12if the person meets the requirements of subsection (b-5) of 
13Section 3.1. 
14 (b) If a renewal application is submitted to the 
15Department before the expiration date of the applicant's 
16current Firearm Owner's Identification Card, the Firearm 
17Owner's Identification Card shall remain valid, unless the 
18person is subject to or becomes subject to revocation under 
19this Act. Unless the person no longer meets the requirements 
20or becomes subject to suspension or revocation under this Act, 
21a card issued under a renewal application made as provided in 
22subsection (a-25) of Section 4 shall remain valid if the 
23person meets the implementation requirements of Section 3.1.
24 (c) (Blank). Beginning January 1, 2022, if the Firearm 
25Owner's Identification Card of a licensee under the Firearm 
 
 
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1Concealed Carry Act expires during the term of the licensee's 
2concealed carry license, the Firearm Owner's Identification 
3Card and the license remain valid during the validity of the 
4concealed carry license and the licensee does not have to 
5renew his or her Firearm Owner's Identification Card, if the 
6Firearm Owner's Identification Card has not been otherwise 
7renewed as provided in this Act. Unless the Illinois State 
8Police has reason to believe the licensee is no longer 
9eligible for the card, the Illinois State Police may 
10automatically renew the licensee's Firearm Owner's 
11Identification Card.
12(Source: P.A. 102-237, eff. 1-1-22.)

13 (430 ILCS 65/8.5)
14 Sec. 8.5. Illinois State Police to monitor databases for 
15firearms prohibitors. The Illinois State Police shall 
16continuously monitor relevant State and federal databases, as 
17allowed by State and federal law, for firearms prohibitors and 
18correlate those records with Firearm Owner's Identification 
19Card holders to ensure compliance with this Act and any other 
20State and federal laws. As used in this Section, "firearms 
21prohibitor" means any factor listed in Section 8 or Section 
228.2 of this Act or Section 24-3 or 24-3.1 of the Criminal Code 
23of 2012 that prohibits a person from transferring or 
24possessing a firearm, firearm ammunition, or Firearm Owner's 
25Identification Card, or concealed carry license.
 
 
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1(Source: P.A. 102-237, eff. 1-1-22.)

2 (430 ILCS 65/13.1) (from Ch. 38, par. 83-13.1)
3 Sec. 13.1. Preemption. 
4 (a) (Blank). Except as otherwise provided in the Firearm 
5Concealed Carry Act and subsections (b) and (c) of this 
6Section, the provisions of any ordinance enacted by any 
7municipality which requires registration or imposes greater 
8restrictions or limitations on the acquisition, possession and 
9transfer of firearms than are imposed by this Act, are not 
10invalidated or affected by this Act.
11 (b) The Notwithstanding subsection (a) of this Section, 
12the regulation, licensing, possession, and registration of 
13handguns and ammunition for a handgun, and the transportation 
14of any firearm and ammunition by a holder of a valid Firearm 
15Owner's Identification Card issued by the Illinois State 
16Police under this Act are exclusive powers and functions of 
17this State. Any ordinance or regulation, or portion of that 
18ordinance or regulation, enacted on or before the effective 
19date of this amendatory Act of the 98th General Assembly that 
20purports to impose regulations or restrictions on a holder of 
21a valid Firearm Owner's Identification Card issued by the 
22Illinois State Police under this Act in a manner that is 
23inconsistent with this Act, on the effective date of this 
24amendatory Act of the 98th General Assembly, shall be invalid 
25in its application to a holder of a valid Firearm Owner's 
 
 
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1Identification Card issued by the Illinois State Police under 
2this Act.
3 (c) Notwithstanding subsection (a) of this Section, the 
4regulation of the possession or ownership of assault weapons 
5are exclusive powers and functions of this State. Any 
6ordinance or regulation, or portion of that ordinance or 
7regulation, that purports to regulate the possession or 
8ownership of assault weapons in a manner that is inconsistent 
9with this Act, shall be invalid unless the ordinance or 
10regulation is enacted on, before, or within 10 days after the 
11effective date of this amendatory Act of the 98th General 
12Assembly. Any ordinance or regulation described in this 
13subsection (c) enacted more than 10 days after the effective 
14date of this amendatory Act of the 98th General Assembly is 
15invalid. An ordinance enacted on, before, or within 10 days 
16after the effective date of this amendatory Act of the 98th 
17General Assembly may be amended. The enactment or amendment of 
18ordinances under this subsection (c) are subject to the 
19submission requirements of Section 13.3. For the purposes of 
20this subsection, "assault weapons" means firearms designated 
21by either make or model or by a test or list of cosmetic 
22features that cumulatively would place the firearm into a 
23definition of "assault weapon" under the ordinance.
24 (d) For the purposes of this Section, "handgun" means any 
25device which is designed to expel a projectile or projectiles 
26by the action of an explosion, expansion of gas, or escape of 
 
 
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1gas that is designed to be held and fired by the use of a 
2single hand. "Handgun" does not include:
3  (1) a stun gun or taser;
4  (2) a machine gun as defined in item (i) of paragraph 
5 (7) of subsection (a) of Section 24-1 of the Criminal Code 
6 of 2012;
7  (3) a short-barreled rifle or shotgun as defined in 
8 item (ii) of paragraph (7) of subsection (a) of Section 
9 24-1 of the Criminal Code of 2012; or
10  (4) any pneumatic gun, spring gun, paint ball gun, or 
11 B-B gun which expels a single globular projectile not 
12 exceeding .18 inch in diameter, or which has a maximum 
13 muzzle velocity of less than 700 feet per second, or which 
14 expels breakable paint balls containing washable marking 
15 has the meaning ascribed to it in Section 5 of the Firearm 
16 Concealed Carry Act. 
17 (e) This Section is a denial and limitation of home rule 
18powers and functions under subsection (h) of Section 6 of 
19Article VII of the Illinois Constitution. 
20(Source: P.A. 102-538, eff. 8-20-21.)

21 (430 ILCS 65/13.4 rep.)
22 Section 55. The Firearm Owners Identification Card Act is 
23amended by repealing Section 13.4.

24 (430 ILCS 66/Act rep.)
 
 
HB5785- 87 -LRB103 39901 RLC 70908 b


1 Section 60. The Firearm Concealed Carry Act is repealed.

2 Section 65. The Firearms Restraining Order Act is amended 
3by changing Sections 35 and 40 as follows:

4 (430 ILCS 67/35)
5 Sec. 35. Ex parte orders and emergency hearings. 
6 (a) A petitioner may request an emergency firearms 
7restraining order by filing an affidavit or verified pleading 
8alleging that the respondent poses an immediate and present 
9danger of causing personal injury to himself, herself, or 
10another by having in his or her custody or control, 
11purchasing, possessing, or receiving a firearm, ammunition, or 
12firearm parts that could be assembled to make an operable 
13firearm. The petition shall also describe the type and 
14location of any firearm or firearms, ammunition, or firearm 
15parts that could be assembled to make an operable firearm 
16presently believed by the petitioner to be possessed or 
17controlled by the respondent. 
18 (b) If the respondent is alleged to pose an immediate and 
19present danger of causing personal injury to an intimate 
20partner, or an intimate partner is alleged to have been the 
21target of a threat or act of violence by the respondent, the 
22petitioner shall make a good faith effort to provide notice to 
23any and all intimate partners of the respondent. The notice 
24must include that the petitioner intends to petition the court 
 
 
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1for an emergency firearms restraining order, and, if the 
2petitioner is a law enforcement officer, referral to relevant 
3domestic violence or stalking advocacy or counseling 
4resources, if appropriate. The petitioner shall attest to 
5having provided the notice in the filed affidavit or verified 
6pleading. If, after making a good faith effort, the petitioner 
7is unable to provide notice to any or all intimate partners, 
8the affidavit or verified pleading should describe what 
9efforts were made.
10 (c) Every person who files a petition for an emergency 
11firearms restraining order, knowing the information provided 
12to the court at any hearing or in the affidavit or verified 
13pleading to be false, is guilty of perjury under Section 32-2 
14of the Criminal Code of 2012. 
15 (d) An emergency firearms restraining order shall be 
16issued on an ex parte basis, that is, without notice to the 
17respondent. 
18 (e) An emergency hearing held on an ex parte basis shall be 
19held the same day that the petition is filed or the next day 
20that the court is in session. 
21 (f) If a circuit or associate judge finds probable cause 
22to believe that the respondent poses an immediate and present 
23danger of causing personal injury to himself, herself, or 
24another by having in his or her custody or control, 
25purchasing, possessing, or receiving a firearm, ammunition, or 
26firearm parts that could be assembled to make an operable 
 
 
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1firearm, the circuit or associate judge shall issue an 
2emergency order. 
3 (f-5) If the court issues an emergency firearms 
4restraining order, it shall, upon a finding of probable cause 
5that the respondent possesses firearms, ammunition, or firearm 
6parts that could be assembled to make an operable firearm, 
7issue a search warrant directing a law enforcement agency to 
8seize the respondent's firearms, ammunition, and firearm parts 
9that could be assembled to make an operable firearm. The court 
10may, as part of that warrant, direct the law enforcement 
11agency to search the respondent's residence and other places 
12where the court finds there is probable cause to believe he or 
13she is likely to possess the firearms, ammunition, or firearm 
14parts that could be assembled to make an operable firearm. A 
15return of the search warrant shall be filed by the law 
16enforcement agency within 4 days thereafter, setting forth the 
17time, date, and location that the search warrant was executed 
18and what items, if any, were seized. 
19 (g) An emergency firearms restraining order shall require: 
20  (1) the respondent to refrain from having in his or 
21 her custody or control, purchasing, possessing, or 
22 receiving additional firearms, ammunition, or firearm 
23 parts that could be assembled to make an operable firearm, 
24 or removing firearm parts that could be assembled to make 
25 an operable firearm for the duration of the order under 
26 Section 8.2 of the Firearm Owners Identification Card Act; 
 
 
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1 and
2  (2) the respondent to comply with Section 9.5 of the 
3 Firearm Owners Identification Card Act and subsection (g) 
4 of Section 70 of the Firearm Concealed Carry Act.
5 (h) Except as otherwise provided in subsection (h-5) of 
6this Section, upon expiration of the period of safekeeping, if 
7the firearms, ammunition, and firearm parts that could be 
8assembled to make an operable firearm or Firearm Owner's 
9Identification Card and concealed carry license cannot be 
10returned to the respondent because the respondent cannot be 
11located, fails to respond to requests to retrieve the 
12firearms, or is not lawfully eligible to possess a firearm, 
13ammunition, or firearm parts that could be assembled to make 
14an operable firearm, upon petition from the local law 
15enforcement agency, the court may order the local law 
16enforcement agency to destroy the firearms, ammunition, and 
17firearm parts that could be assembled to make an operable 
18firearm, use the firearms, ammunition, and firearm parts that 
19could be assembled to make an operable firearm for training 
20purposes, or use the firearms, ammunition, and firearm parts 
21that could be assembled to make an operable firearm for any 
22other application as deemed appropriate by the local law 
23enforcement agency. 
24 (h-5) On or before January 1, 2022, a respondent whose 
25Firearm Owner's Identification Card has been revoked or 
26suspended may petition the court, if the petitioner is present 
 
 
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1in court or has notice of the respondent's petition, to 
2transfer the respondent's firearm, ammunition, and firearm 
3parts that could be assembled to make an operable firearm to a 
4person who is lawfully able to possess the firearm, 
5ammunition, and firearm parts that could be assembled to make 
6an operable firearm if the person does not reside at the same 
7address as the respondent. Notice of the petition shall be 
8served upon the person protected by the emergency firearms 
9restraining order. While the order is in effect, the 
10transferee who receives the respondent's firearms, ammunition, 
11and firearm parts that could be assembled to make an operable 
12firearm must swear or affirm by affidavit that he or she shall 
13not transfer the firearm, ammunition, and firearm parts that 
14could be assembled to make an operable firearm to the 
15respondent or to anyone residing in the same residence as the 
16respondent.
17 (h-6) If a person other than the respondent claims title 
18to any firearms, ammunition, and firearm parts that could be 
19assembled to make an operable firearm surrendered under this 
20Section, he or she may petition the court, if the petitioner is 
21present in court or has notice of the petition, to have the 
22firearm, ammunition, and firearm parts that could be assembled 
23to make an operable firearm returned to him or her. If the 
24court determines that person to be the lawful owner of the 
25firearm, ammunition, and firearm parts that could be assembled 
26to make an operable firearm, the firearm, ammunition, and 
 
 
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1firearm parts that could be assembled to make an operable 
2firearm shall be returned to him or her, provided that:
3  (1) the firearm, ammunition, and firearm parts that 
4 could be assembled to make an operable firearm are removed 
5 from the respondent's custody, control, or possession and 
6 the lawful owner agrees to store the firearm, ammunition, 
7 and firearm parts that could be assembled to make an 
8 operable firearm in a manner such that the respondent does 
9 not have access to or control of the firearm, ammunition, 
10 and firearm parts that could be assembled to make an 
11 operable firearm; and
12  (2) the firearm, ammunition, and firearm parts that 
13 could be assembled to make an operable firearm are not 
14 otherwise unlawfully possessed by the owner.
15 The person petitioning for the return of his or her 
16firearm, ammunition, and firearm parts that could be assembled 
17to make an operable firearm must swear or affirm by affidavit 
18that he or she: (i) is the lawful owner of the firearm, 
19ammunition, and firearm parts that could be assembled to make 
20an operable firearm; (ii) shall not transfer the firearm, 
21ammunition, and firearm parts that could be assembled to make 
22an operable firearm to the respondent; and (iii) will store 
23the firearm, ammunition, and firearm parts that could be 
24assembled to make an operable firearm in a manner that the 
25respondent does not have access to or control of the firearm, 
26ammunition, and firearm parts that could be assembled to make 
 
 
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1an operable firearm. 
2 (i) In accordance with subsection (e) of this Section, the 
3court shall schedule a full hearing as soon as possible, but no 
4longer than 14 days from the issuance of an ex parte firearms 
5restraining order, to determine if a 6-month firearms 
6restraining order shall be issued. The court may extend an ex 
7parte order as needed, but not to exceed 14 days, to effectuate 
8service of the order or if necessary to continue protection. 
9The court may extend the order for a greater length of time by 
10mutual agreement of the parties. 
11(Source: P.A. 101-81, eff. 7-12-19; 102-237, eff. 1-1-22; 
12102-345, eff. 6-1-22; 102-538, eff. 8-20-21; 102-813, eff. 
135-13-22.)

14 (430 ILCS 67/40)
15 Sec. 40. Plenary orders. 
16 (a) A petitioner may request a firearms restraining order 
17for up to one year by filing an affidavit or verified pleading 
18alleging that the respondent poses a significant danger of 
19causing personal injury to himself, herself, or another in the 
20near future by having in his or her custody or control, 
21purchasing, possessing, or receiving a firearm, ammunition, 
22and firearm parts that could be assembled to make an operable 
23firearm. The petition shall also describe the number, types, 
24and locations of any firearms, ammunition, and firearm parts 
25that could be assembled to make an operable firearm presently 
 
 
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1believed by the petitioner to be possessed or controlled by 
2the respondent. The firearms restraining order may be renewed 
3for an additional period of up to one year in accordance with 
4Section 45 of this Act. 
5 (b) If the respondent is alleged to pose a significant 
6danger of causing personal injury to an intimate partner, or 
7an intimate partner is alleged to have been the target of a 
8threat or act of violence by the respondent, the petitioner 
9shall make a good faith effort to provide notice to any and all 
10intimate partners of the respondent. The notice must include 
11the duration of time that the petitioner intends to petition 
12the court for a firearms restraining order, and, if the 
13petitioner is a law enforcement officer, referral to relevant 
14domestic violence or stalking advocacy or counseling 
15resources, if appropriate. The petitioner shall attest to 
16having provided the notice in the filed affidavit or verified 
17pleading. If, after making a good faith effort, the petitioner 
18is unable to provide notice to any or all intimate partners, 
19the affidavit or verified pleading should describe what 
20efforts were made.
21 (c) Every person who files a petition for a plenary 
22firearms restraining order, knowing the information provided 
23to the court at any hearing or in the affidavit or verified 
24pleading to be false, is guilty of perjury under Section 32-2 
25of the Criminal Code of 2012. 
26 (d) Upon receipt of a petition for a plenary firearms 
 
 
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1restraining order, the court shall order a hearing within 30 
2days. 
3 (e) In determining whether to issue a firearms restraining 
4order under this Section, the court shall consider evidence 
5including, 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 
6of proving, by clear and convincing evidence, that the 
7respondent poses a significant danger of personal injury to 
8himself, herself, or another by having in his or her custody or 
9control, purchasing, possessing, or receiving a firearm, 
10ammunition, and firearm parts that could be assembled to make 
11an operable firearm.
12 (g) If the court finds that there is clear and convincing 
13evidence to issue a plenary firearms restraining order, the 
14court shall issue a firearms restraining order that shall be 
15in effect for up to one year, but not less than 6 months, 
16subject to renewal under Section 45 of this Act or termination 
17under that Section. 
18 (g-5) If the court issues a plenary firearms restraining 
19order, it shall, upon a finding of probable cause that the 
20respondent possesses firearms, ammunition, and firearm parts 
21that could be assembled to make an operable firearm, issue a 
22search warrant directing a law enforcement agency to seize the 
23respondent's firearms, ammunition, and firearm parts that 
24could be assembled to make an operable firearm. The court may, 
25as part of that warrant, direct the law enforcement agency to 
26search the respondent's residence and other places where the 
 
 
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1court finds there is probable cause to believe he or she is 
2likely to possess the firearms, ammunition, and firearm parts 
3that could be assembled to make an operable firearm. A return 
4of the search warrant shall be filed by the law enforcement 
5agency within 4 days thereafter, setting forth the time, date, 
6and location that the search warrant was executed and what 
7items, if any, were seized. 
8 (h) A plenary firearms restraining order shall require:
9  (1) the respondent to refrain from having in his or 
10 her custody or control, purchasing, possessing, or 
11 receiving additional firearms, ammunition, and firearm 
12 parts that could be assembled to make an operable firearm 
13 for the duration of the order under Section 8.2 of the 
14 Firearm Owners Identification Card Act; and
15  (2) the respondent to comply with Section 9.5 of the 
16 Firearm Owners Identification Card Act and subsection (g) 
17 of Section 70 of the Firearm Concealed Carry Act.
18 (i) Except as otherwise provided in subsection (i-5) of 
19this Section, upon expiration of the period of safekeeping, if 
20the firearms, ammunition, and firearm parts that could be 
21assembled to make an operable firearm or Firearm Owner's 
22Identification Card cannot be returned to the respondent 
23because the respondent cannot be located, fails to respond to 
24requests to retrieve the firearms, ammunition, and firearm 
25parts that could be assembled to make an operable firearm, or 
26is not lawfully eligible to possess a firearm, ammunition, and 
 
 
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1firearm parts that could be assembled to make an operable 
2firearm, upon petition from the local law enforcement agency, 
3the court may order the local law enforcement agency to 
4destroy the firearms, ammunition, and firearm parts that could 
5be assembled to make an operable firearm, use the firearms, 
6ammunition, and firearm parts that could be assembled to make 
7an operable firearm for training purposes, or use the 
8firearms, ammunition, and firearm parts that could be 
9assembled to make an operable firearm for any other 
10application as deemed appropriate by the local law enforcement 
11agency.
12 (i-5) A respondent whose Firearm Owner's Identification 
13Card has been revoked or suspended may petition the court, if 
14the petitioner is present in court or has notice of the 
15respondent's petition, to transfer the respondent's firearm, 
16ammunition, and firearm parts that could be assembled to make 
17an operable firearm to a person who is lawfully able to possess 
18the firearm, ammunition, and firearm parts that could be 
19assembled to make an operable firearm if the person does not 
20reside at the same address as the respondent. Notice of the 
21petition shall be served upon the person protected by the 
22emergency firearms restraining order. While the order is in 
23effect, the transferee who receives the respondent's firearms, 
24ammunition, and firearm parts that could be assembled to make 
25an operable firearm must swear or affirm by affidavit that he 
26or she shall not transfer the firearm, ammunition, and firearm 
 
 
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1parts that could be assembled to make an operable firearm to 
2the respondent or to anyone residing in the same residence as 
3the respondent.
4 (i-6) If a person other than the respondent claims title 
5to any firearms, ammunition, and firearm parts that could be 
6assembled to make an operable firearm surrendered under this 
7Section, he or she may petition the court, if the petitioner is 
8present in court or has notice of the petition, to have the 
9firearm, ammunition, and firearm parts that could be assembled 
10to make an operable firearm returned to him or her. If the 
11court determines that person to be the lawful owner of the 
12firearm, ammunition, and firearm parts that could be assembled 
13to make an operable firearm, the firearm, ammunition, and 
14firearm parts that could be assembled to make an operable 
15firearm shall be returned to him or her, provided that:
16  (1) the firearm, ammunition, and firearm parts that 
17 could be assembled to make an operable firearm are removed 
18 from the respondent's custody, control, or possession and 
19 the lawful owner agrees to store the firearm, ammunition, 
20 and firearm parts that could be assembled to make an 
21 operable firearm in a manner such that the respondent does 
22 not have access to or control of the firearm, ammunition, 
23 and firearm parts that could be assembled to make an 
24 operable firearm; and
25  (2) the firearm, ammunition, and firearm parts that 
26 could be assembled to make an operable firearm are not 
 
 
HB5785- 100 -LRB103 39901 RLC 70908 b


1 otherwise unlawfully possessed by the owner.
2 The person petitioning for the return of his or her 
3firearm, ammunition, and firearm parts that could be assembled 
4to make an operable firearm must swear or affirm by affidavit 
5that he or she: (i) is the lawful owner of the firearm, 
6ammunition, and firearm parts that could be assembled to make 
7an operable firearm; (ii) shall not transfer the firearm, 
8ammunition, and firearm parts that could be assembled to make 
9an operable firearm to the respondent; and (iii) will store 
10the firearm, ammunition, and firearm parts that could be 
11assembled to make an operable firearm in a manner that the 
12respondent does not have access to or control of the firearm, 
13ammunition, and firearm parts that could be assembled to make 
14an operable firearm. 
15 (j) If the court does not issue a firearms restraining 
16order at the hearing, the court shall dissolve any emergency 
17firearms restraining order then in effect.
18 (k) When the court issues a firearms restraining order 
19under this Section, the court shall inform the respondent that 
20he or she is entitled to one hearing during the period of the 
21order to request a termination of the order, under Section 45 
22of this Act, and shall provide the respondent with a form to 
23request a hearing. 
24(Source: P.A. 101-81, eff. 7-12-19; 102-237, eff. 1-1-22; 
25102-345, eff. 6-1-22; 102-538, eff. 8-20-21; 102-813, eff. 
265-13-22; 102-1116, eff. 1-10-23.)

 
 
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1 Section 70. The Firearm Dealer License Certification Act 
2is amended by changing Section 5-85 as follows:

3 (430 ILCS 68/5-85)
4 Sec. 5-85. Disciplinary sanctions. 
5 (a) For violations of this Act not penalized under Section 
65-15, the Illinois State Police may refuse to renew or 
7restore, or may reprimand, place on probation, suspend, 
8revoke, or take other disciplinary or non-disciplinary action 
9against any licensee, and may impose a fine commensurate with 
10the severity of the violation not to exceed $10,000 for each 
11violation for any of the following, consistent with the 
12Protection of Lawful Commerce in Arms Act, 15 U.S.C. 7901 
13through 7903: 
14  (1) Violations of this Act, or any law applicable to 
15 the sale or transfer of firearms. 
16  (2) A pattern of practice or other behavior which 
17 demonstrates incapacity or incompetency to practice under 
18 this Act. 
19  (3) Aiding or assisting another person in violating 
20 any provision of this Act or rules adopted under this Act. 
21  (4) Failing, within 60 days, to provide information in 
22 response to a written request made by the Illinois State 
23 Police. 
24  (5) Conviction of, plea of guilty to, or plea of nolo 
 
 
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1 contendere to any crime that disqualifies the person from 
2 obtaining a valid Firearm Owner's Identification Card. 
3  (6) Continued practice, although the person has become 
4 unfit to practice due to any of the following: 
5   (A) Any circumstance that disqualifies the person 
6 from obtaining a valid Firearm Owner's Identification 
7 Card or concealed carry license. 
8   (B) Habitual or excessive use or abuse of drugs 
9 defined in law as controlled substances, alcohol, or 
10 any other substance that results in the inability to 
11 practice with reasonable judgment, skill, or safety.
12  (7) Receiving, directly or indirectly, compensation 
13 for any firearms sold or transferred illegally. 
14  (8) Discipline by another United States jurisdiction, 
15 foreign nation, or governmental agency, if at least one of 
16 the grounds for the discipline is the same or 
17 substantially equivalent to those set forth in this Act. 
18  (9) Violation of any disciplinary order imposed on a 
19 licensee by the Illinois State Police. 
20  (10) A finding by the Illinois State Police that the 
21 licensee, after having his or her certified license placed 
22 on probationary status, has violated the terms of 
23 probation. 
24  (11) A fraudulent or material misstatement in the 
25 completion of an affirmative obligation or inquiry by law 
26 enforcement.
 
 
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1 (b) All fines imposed under this Section shall be paid 
2within 90 days after the effective date of the final order 
3imposing the fine.
4(Source: P.A. 102-538, eff. 8-20-21.)

5 Section 75. The Wildlife Code is amended by changing 
6Sections 2.11, 2.26, 2.33, and 2.34 as follows:

7 (520 ILCS 5/2.11) (from Ch. 61, par. 2.11)
8 Sec. 2.11. Before any person may lawfully hunt wild 
9turkey, he shall first obtain a "Wild Turkey Hunting Permit" 
10in accordance with the prescribed regulations set forth in an 
11administrative rule of the Department. The fee for a Resident 
12Wild Turkey Hunting Permit shall not exceed $15.
13 Upon submitting suitable evidence of legal residence in 
14any other state, non-residents shall be charged a fee not to 
15exceed $125 for wild turkey hunting permits.
16 The Department may by administrative rule allocate and 
17issue non-resident Wild Turkey Permits and establish fees for 
18such permits.
19 It shall be unlawful to take wild turkey except by use of a 
20bow and arrow or a shotgun of not larger than 10 nor smaller 
21than 20 gauge with shot size not larger than No. 4, and no 
22person while attempting to so take wild turkey may have in his 
23possession any other gun unless in accordance with the Firearm 
24Concealed Carry Act.
 
 
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1 It shall be unlawful to take, or attempt to take wild 
2turkey except during the time from 1/2 hour before sunrise to 
31/2 hour after sunset or during such lesser period of time as 
4may be specified by administrative rule, during those days for 
5which an open season is established.
6 It shall be unlawful for any person to take, or attempt to 
7take, wild turkey by use of dogs, horses, automobiles, 
8aircraft or other vehicles, or conveyances, or by the use or 
9aid of bait or baiting of any kind. For the purposes of this 
10Section, "bait" means any material, whether liquid or solid, 
11including food, salt, minerals, and other products, except 
12pure water, that can be ingested, placed, or scattered in such 
13a manner as to attract or lure wild turkeys. "Baiting" means 
14the placement or scattering of bait to attract wild turkeys. 
15An area is considered as baited during the presence of and for 
1610 consecutive days following the removal of the bait. 
17 It is unlawful for any person to take in Illinois or have 
18in his possession more than one wild turkey per valid permit.
19 For the purposes of calculating acreage under this 
20Section, the Department shall, after determining the total 
21acreage of the applicable tract or tracts of land, round 
22remaining fractional portions of an acre greater than or equal 
23to half of an acre up to the next whole acre. 
24 For the purposes of taking wild turkey, nothing in this 
25Section shall be construed to prevent the manipulation, 
26including mowing or cutting, of standing crops as a normal 
 
 
HB5785- 105 -LRB103 39901 RLC 70908 b


1agricultural or soil stabilization practice, food plots, or 
2normal agricultural practices, including planting, harvesting, 
3and maintenance such as cultivating. Such manipulation for the 
4purpose of taking wild turkey may be further modified by 
5administrative rule. 
6(Source: P.A. 102-237, eff. 1-1-22.)

7 (520 ILCS 5/2.26) (from Ch. 61, par. 2.26)
8 Sec. 2.26. Deer hunting permits. Any person attempting to 
9take deer shall first obtain a "Deer Hunting Permit" issued by 
10the Department in accordance with its administrative rules. 
11Those rules must provide for the issuance of the following 
12types of resident deer archery permits: (i) a combination 
13permit, consisting of one either-sex permit and one 
14antlerless-only permit, (ii) a single antlerless-only permit, 
15and (iii) a single either-sex permit. The fee for a Deer 
16Hunting Permit to take deer with either bow and arrow or gun 
17shall not exceed $25 for residents of the State. The 
18Department may by administrative rule provide for non-resident 
19deer hunting permits for which the fee will not exceed $300 in 
202005, $350 in 2006, and $400 in 2007 and thereafter except as 
21provided below for non-resident landowners and non-resident 
22archery hunters. The Department may by administrative rule 
23provide for a non-resident archery deer permit consisting of 
24not more than 2 harvest tags at a total cost not to exceed $325 
25in 2005, $375 in 2006, and $425 in 2007 and thereafter. The 
 
 
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1fees for a youth resident and non-resident archery deer permit 
2shall be the same. 
3 The Department shall create a pilot program during the 
4special 3-day, youth-only deer hunting season to allow for 
5youth deer hunting permits that are valid statewide, excluding 
6those counties or portions of counties closed to firearm deer 
7hunting. The Department shall adopt rules to implement the 
8pilot program. Nothing in this paragraph shall be construed to 
9prohibit the Department from issuing Special Hunt Area Permits 
10for the youth-only deer hunting season or establishing, 
11through administrative rule, additional requirements 
12pertaining to the youth-only deer hunting season on 
13Department-owned or Department-managed sites, including 
14site-specific quotas or drawings. The provisions of this 
15paragraph are inoperative on and after January 1, 2023.
16 The standards and specifications for use of guns and bow 
17and arrow for deer hunting shall be established by 
18administrative rule.
19 No person may have in his or her possession any firearm not 
20authorized by administrative rule for a specific hunting 
21season when taking deer unless in accordance with the Firearm 
22Concealed Carry Act.
23 Persons having a firearm deer hunting permit shall be 
24permitted to take deer only during the period from 1/2 hour 
25before sunrise to 1/2 hour after sunset, and only during those 
26days for which an open season is established for the taking of 
 
 
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1deer by use of shotgun, handgun, rifle, or muzzle loading 
2rifle.
3 Persons having an archery deer hunting permit shall be 
4permitted to take deer only during the period from 1/2 hour 
5before sunrise to 1/2 hour after sunset, and only during those 
6days for which an open season is established for the taking of 
7deer by use of bow and arrow.
8 It shall be unlawful for any person to take deer by use of 
9dogs, horses, automobiles, aircraft or other vehicles, or by 
10the use or aid of bait or baiting of any kind. For the purposes 
11of this Section, "bait" means any material, whether liquid or 
12solid, including food, salt, minerals, and other products, 
13except pure water, that can be ingested, placed, or scattered 
14in such a manner as to attract or lure white-tailed deer. 
15"Baiting" means the placement or scattering of bait to attract 
16deer. An area is considered as baited during the presence of 
17and for 10 consecutive days following the removal of bait. 
18Nothing in this Section shall prohibit the use of a dog to 
19track wounded deer. Any person using a dog for tracking 
20wounded deer must maintain physical control of the dog at all 
21times by means of a maximum 50 foot lead attached to the dog's 
22collar or harness. Tracking wounded deer is permissible at 
23night, but at no time outside of legal deer hunting hours or 
24seasons shall any person handling or accompanying a dog being 
25used for tracking wounded deer be in possession of any firearm 
26or archery device. Persons tracking wounded deer with a dog 
 
 
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1during the firearm deer seasons shall wear blaze orange or 
2solid blaze pink color as required. Dog handlers tracking 
3wounded deer with a dog are exempt from hunting license and 
4deer permit requirements so long as they are accompanied by 
5the licensed deer hunter who wounded the deer.
6 It shall be unlawful to possess or transport any wild deer 
7which has been injured or killed in any manner upon a public 
8highway or public right-of-way of this State unless exempted 
9by administrative rule.
10 Persons hunting deer must have gun unloaded and no bow and 
11arrow device shall be carried with the arrow in the nocked 
12position during hours when deer hunting is unlawful.
13 It shall be unlawful for any person, having taken the 
14legal limit of deer by gun, to further participate with gun in 
15any deer hunting party.
16 It shall be unlawful for any person, having taken the 
17legal limit of deer by bow and arrow, to further participate 
18with bow and arrow in any deer hunting party.
19 The Department may prohibit upland game hunting during the 
20gun deer season by administrative rule.
21 The Department shall not limit the number of non-resident, 
22either-sex archery deer hunting permits to less than 20,000. 
23 Any person who violates any of the provisions of this 
24Section, including administrative rules, shall be guilty of a 
25Class B misdemeanor.
26 For the purposes of calculating acreage under this 
 
 
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1Section, the Department shall, after determining the total 
2acreage of the applicable tract or tracts of land, round 
3remaining fractional portions of an acre greater than or equal 
4to half of an acre up to the next whole acre. 
5 For the purposes of taking white-tailed deer, nothing in 
6this Section shall be construed to prevent the manipulation, 
7including mowing or cutting, of standing crops as a normal 
8agricultural or soil stabilization practice, food plots, or 
9normal agricultural practices, including planting, harvesting, 
10and maintenance such as cultivating or the use of products 
11designed for scent only and not capable of ingestion, solid or 
12liquid, placed or scattered, in such a manner as to attract or 
13lure deer. Such manipulation for the purpose of taking 
14white-tailed deer may be further modified by administrative 
15rule. 
16(Source: P.A. 101-81, eff. 7-12-19; 101-444, eff. 6-1-20; 
17102-237, eff. 1-1-22; 102-932, eff. 1-1-23.)

18 (520 ILCS 5/2.33)
19 Sec. 2.33. Prohibitions. 
20 (a) It is unlawful to carry or possess any gun in any State 
21refuge unless otherwise permitted by administrative rule.
22 (b) It is unlawful to use or possess any snare or 
23snare-like device, deadfall, net, or pit trap to take any 
24species, except that snares not powered by springs or other 
25mechanical devices may be used to trap fur-bearing mammals, in 
 
 
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1water sets only, if at least one-half of the snare noose is 
2located underwater at all times.
3 (c) It is unlawful for any person at any time to take a 
4wild mammal protected by this Act from its den by means of any 
5mechanical device, spade, or digging device or to use smoke or 
6other gases to dislodge or remove such mammal except as 
7provided in Section 2.37.
8 (d) It is unlawful to use a ferret or any other small 
9mammal which is used in the same or similar manner for which 
10ferrets are used for the purpose of frightening or driving any 
11mammals from their dens or hiding places.
12 (e) (Blank).
13 (f) It is unlawful to use spears, gigs, hooks, or any like 
14device to take any species protected by this Act.
15 (g) It is unlawful to use poisons, chemicals, or 
16explosives for the purpose of taking any species protected by 
17this Act.
18 (h) It is unlawful to hunt adjacent to or near any peat, 
19grass, brush, or other inflammable substance when it is 
20burning.
21 (i) It is unlawful to take, pursue or intentionally harass 
22or disturb in any manner any wild birds or mammals by use or 
23aid of any vehicle, conveyance, or unmanned aircraft as 
24defined by the Illinois Aeronautics Act, except as permitted 
25by the Code of Federal Regulations for the taking of 
26waterfowl; except that nothing in this subsection shall 
 
 
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1prohibit the use of unmanned aircraft in the inspection of a 
2public utility facility, tower, or structure or a mobile 
3service facility, tower, or structure by a public utility, as 
4defined in Section 3-105 of the Public Utilities Act, or a 
5provider of mobile services as defined in Section 153 of Title 
647 of the United States Code. It is also unlawful to use the 
7lights of any vehicle or conveyance, any light connected to 
8any vehicle or conveyance, or any other lighting device or 
9mechanism from inside or on a vehicle or conveyance in any area 
10where wildlife may be found except in accordance with Section 
112.37 of this Act; however, nothing in this Section shall 
12prohibit the normal use of headlamps for the purpose of 
13driving upon a roadway. For purposes of this Section, any 
14other lighting device or mechanism shall include, but not be 
15limited to, any device that uses infrared or other light not 
16visible to the naked eye, electronic image intensification, 
17active illumination, thermal imaging, or night vision. Striped 
18skunk, opossum, red fox, gray fox, raccoon, bobcat, and coyote 
19may be taken during the open season by use of a small light 
20which is worn on the body or hand-held by a person on foot and 
21not in any vehicle.
22 (j) It is unlawful to use any shotgun larger than 10 gauge 
23while taking or attempting to take any of the species 
24protected by this Act.
25 (k) It is unlawful to use or possess in the field any 
26shotgun shell loaded with a shot size larger than lead BB or 
 
 
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1steel T (.20 diameter) when taking or attempting to take any 
2species of wild game mammals (excluding white-tailed deer), 
3wild game birds, migratory waterfowl or migratory game birds 
4protected by this Act, except white-tailed deer as provided 
5for in Section 2.26 and other species as provided for by 
6subsection (l) or administrative rule.
7 (l) It is unlawful to take any species of wild game, except 
8white-tailed deer and fur-bearing mammals, with a shotgun 
9loaded with slugs unless otherwise provided for by 
10administrative rule.
11 (m) It is unlawful to use any shotgun capable of holding 
12more than 3 shells in the magazine or chamber combined, except 
13on game breeding and hunting preserve areas licensed under 
14Section 3.27 and except as permitted by the Code of Federal 
15Regulations for the taking of waterfowl. If the shotgun is 
16capable of holding more than 3 shells, it shall, while being 
17used on an area other than a game breeding and shooting 
18preserve area licensed pursuant to Section 3.27, be fitted 
19with a one-piece plug that is irremovable without dismantling 
20the shotgun or otherwise altered to render it incapable of 
21holding more than 3 shells in the magazine and chamber, 
22combined.
23 (n) It is unlawful for any person, except persons who 
24possess a permit to hunt from a vehicle as provided in this 
25Section and persons otherwise permitted by law, to have or 
26carry any gun in or on any vehicle, conveyance, or aircraft, 
 
 
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1unless such gun is unloaded and enclosed in a case, except that 
2at field trials authorized by Section 2.34 of this Act, 
3unloaded guns or guns loaded with blank cartridges only may be 
4carried on horseback while not contained in a case, or to have 
5or carry any bow or arrow device in or on any vehicle unless 
6such bow or arrow device is unstrung or enclosed in a case, or 
7otherwise made inoperable unless in accordance with the 
8Firearm Concealed Carry Act.
9 (o) (Blank).
10 (p) It is unlawful to take game birds, migratory game 
11birds or migratory waterfowl with a rifle, pistol, revolver, 
12or air rifle.
13 (q) It is unlawful to fire a rifle, pistol, revolver, or 
14air rifle on, over, or into any waters of this State, including 
15frozen waters.
16 (r) It is unlawful to discharge any gun or bow and arrow 
17device along, upon, across, or from any public right-of-way or 
18highway in this State.
19 (s) It is unlawful to use a silencer or other device to 
20muffle or mute the sound of the explosion or report resulting 
21from the firing of any gun.
22 (t) It is unlawful for any person to take or attempt to 
23take any species of wildlife or parts thereof, or allow a dog 
24to hunt, within or upon the land of another, or upon waters 
25flowing over or standing on the land of another, or to 
26knowingly shoot a gun or bow and arrow device at any wildlife 
 
 
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1physically on or flying over the property of another without 
2first obtaining permission from the owner or the owner's 
3designee. For the purposes of this Section, the owner's 
4designee means anyone who the owner designates in a written 
5authorization and the authorization must contain (i) the legal 
6or common description of property for which such authority is 
7given, (ii) the extent that the owner's designee is authorized 
8to make decisions regarding who is allowed to take or attempt 
9to take any species of wildlife or parts thereof, and (iii) the 
10owner's notarized signature. Before enforcing this Section, 
11the law enforcement officer must have received notice from the 
12owner or the owner's designee of a violation of this Section. 
13Statements made to the law enforcement officer regarding this 
14notice shall not be rendered inadmissible by the hearsay rule 
15when offered for the purpose of showing the required notice.
16 (u) It is unlawful for any person to discharge any firearm 
17for the purpose of taking any of the species protected by this 
18Act, or hunt with gun or dog, or allow a dog to hunt, within 
19300 yards of an inhabited dwelling without first obtaining 
20permission from the owner or tenant, except that while 
21trapping, hunting with bow and arrow, hunting with dog and 
22shotgun using shot shells only, or hunting with shotgun using 
23shot shells only, or providing outfitting services under a 
24waterfowl outfitter permit, or on licensed game breeding and 
25hunting preserve areas, as defined in Section 3.27, on 
26federally owned and managed lands and on Department owned, 
 
 
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1managed, leased, or controlled lands, a 100 yard restriction 
2shall apply.
3 (v) It is unlawful for any person to remove fur-bearing 
4mammals from, or to move or disturb in any manner, the traps 
5owned by another person without written authorization of the 
6owner to do so.
7 (w) It is unlawful for any owner of a dog to allow his or 
8her dog to pursue, harass, or kill deer, except that nothing in 
9this Section shall prohibit the tracking of wounded deer with 
10a dog in accordance with the provisions of Section 2.26 of this 
11Code.
12 (x) It is unlawful for any person to wantonly or 
13carelessly injure or destroy, in any manner whatsoever, any 
14real or personal property on the land of another while engaged 
15in hunting or trapping thereon.
16 (y) It is unlawful to hunt wild game protected by this Act 
17between one-half hour after sunset and one-half hour before 
18sunrise, except that hunting hours between one-half hour after 
19sunset and one-half hour before sunrise may be established by 
20administrative rule for fur-bearing mammals.
21 (z) It is unlawful to take any game bird (excluding wild 
22turkeys and crippled pheasants not capable of normal flight 
23and otherwise irretrievable) protected by this Act when not 
24flying. Nothing in this Section shall prohibit a person from 
25carrying an uncased, unloaded shotgun in a boat, while in 
26pursuit of a crippled migratory waterfowl that is incapable of 
 
 
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1normal flight, for the purpose of attempting to reduce the 
2migratory waterfowl to possession, provided that the attempt 
3is made immediately upon downing the migratory waterfowl and 
4is done within 400 yards of the blind from which the migratory 
5waterfowl was downed. This exception shall apply only to 
6migratory game birds that are not capable of normal flight. 
7Migratory waterfowl that are crippled may be taken only with a 
8shotgun as regulated by subsection (j) of this Section using 
9shotgun shells as regulated in subsection (k) of this Section.
10 (aa) It is unlawful to use or possess any device that may 
11be used for tree climbing or cutting while hunting fur-bearing 
12mammals, excluding coyotes. However, coyotes may not be hunted 
13utilizing these devices during open season for deer except by 
14properly licensed deer hunters.
15 (bb) It is unlawful for any person, except licensed game 
16breeders, pursuant to Section 2.29 to import, carry into, or 
17possess alive in this State any species of wildlife taken 
18outside of this State, without obtaining permission to do so 
19from the Director.
20 (cc) It is unlawful for any person to have in his or her 
21possession any freshly killed species protected by this Act 
22during the season closed for taking.
23 (dd) It is unlawful to take any species protected by this 
24Act and retain it alive except as provided by administrative 
25rule.
26 (ee) It is unlawful to possess any rifle while in the field 
 
 
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1during gun deer season except as provided in Sections 2.25 and 
22.26 and administrative rules.
3 (ff) It is unlawful for any person to take any species 
4protected by this Act, except migratory waterfowl, during the 
5gun deer hunting season in those counties open to gun deer 
6hunting, unless he or she wears, when in the field, a cap and 
7upper outer garment of a solid blaze orange color or solid 
8blaze pink color, with such articles of clothing displaying a 
9minimum of 400 square inches of blaze orange or solid blaze 
10pink color material.
11 (gg) It is unlawful during the upland game season for any 
12person to take upland game with a firearm unless he or she 
13wears, while in the field, a cap of solid blaze orange color or 
14solid blaze pink color. For purposes of this Act, upland game 
15is defined as Bobwhite Quail, Hungarian Partridge, Ring-necked 
16Pheasant, Eastern Cottontail, and Swamp Rabbit.
17 (hh) It shall be unlawful to kill or cripple any species 
18protected by this Act for which there is a bag limit without 
19making a reasonable effort to retrieve such species and 
20include such in the bag limit. It shall be unlawful for any 
21person having control over harvested game mammals, game birds, 
22or migratory game birds for which there is a bag limit to 
23wantonly waste or destroy the usable meat of the game, except 
24this shall not apply to wildlife taken under Sections 2.37 or 
253.22 of this Code. For purposes of this subsection, "usable 
26meat" means the breast meat of a game bird or migratory game 
 
 
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1bird and the hind ham and front shoulders of a game mammal. It 
2shall be unlawful for any person to place, leave, dump, or 
3abandon a wildlife carcass or parts of it along or upon a 
4public right-of-way or highway or on public or private 
5property, including a waterway or stream, without the 
6permission of the owner or tenant. It shall not be unlawful to 
7discard game meat that is determined to be unfit for human 
8consumption.
9 (ii) This Section shall apply only to those species 
10protected by this Act taken within the State. Any species or 
11any parts thereof, legally taken in and transported from other 
12states or countries, may be possessed within the State, except 
13as provided in this Section and Sections 2.35, 2.36, and 3.21.
14 (jj) (Blank).
15 (kk) Nothing contained in this Section shall prohibit the 
16Director from issuing permits to paraplegics or to other 
17persons with disabilities who meet the requirements set forth 
18in administrative rule to shoot or hunt from a vehicle as 
19provided by that rule, provided that such is otherwise in 
20accord with this Act.
21 (ll) Nothing contained in this Act shall prohibit the 
22taking of aquatic life protected by the Fish and Aquatic Life 
23Code or birds and mammals protected by this Act, except deer 
24and fur-bearing mammals, from a boat not camouflaged or 
25disguised to alter its identity or to further provide a place 
26of concealment and not propelled by sail or mechanical power. 
 
 
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1However, only shotguns not larger than 10 gauge nor smaller 
2than .410 bore loaded with not more than 3 shells of a shot 
3size no larger than lead BB or steel T (.20 diameter) may be 
4used to take species protected by this Act.
5 (mm) Nothing contained in this Act shall prohibit the use 
6of a shotgun, not larger than 10 gauge nor smaller than a 20 
7gauge, with a rifled barrel.
8 (nn) It shall be unlawful to possess any species of 
9wildlife or wildlife parts taken unlawfully in Illinois, any 
10other state, or any other country, whether or not the wildlife 
11or wildlife parts are indigenous to Illinois. For the purposes 
12of this subsection, the statute of limitations for unlawful 
13possession of wildlife or wildlife parts shall not cease until 
142 years after the possession has permanently ended. 
15 (oo) It is unlawful while deer hunting:
16  (1) to possess or be in close proximity to a rifle that 
17 is not centerfire; or
18  (2) to be in possession of or in close proximity to a 
19 magazine that is capable of making a rifle not a single 
20 shot. 
21(Source: P.A. 102-237, eff. 1-1-22; 102-837, eff. 5-13-22; 
22102-932, eff. 1-1-23; 103-154, eff. 6-30-23.)

23 (520 ILCS 5/2.34) (from Ch. 61, par. 2.34)
24 Sec. 2.34. Dog trials. 
25 (a) Dogs of any breed may be trained the year round in 
 
 
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1accordance with the provisions of this Act.
2 (b) During the periods of time when it is unlawful to take 
3species protected by this Act, the only firearms which shall 
4be used in the training of dogs from sunrise to sunset shall be 
5pistols with blank cartridges. No other gun or ammunition may 
6be in immediate possession during this time. No person or 
7persons in, along with, or accompanying the dog training 
8party, shall be in possession of any firearm or live 
9ammunition, except pistols capable of firing only blank 
10cartridges during the hours from sunset to sunrise. All 
11organized field trials or training grounds approved by the 
12Department shall be exempt from this provision unless in 
13accordance with the Firearm Concealed Carry Act.
14 (c) No field trial shall be held without a permit from the 
15Department.
16 The following Department areas shall be designated as 
17horseback field trial sites; Lee County Conservation Area, Des 
18Plaines Conservation Area, Moraine View State Park, Middle 
19Fork Fish and Wildlife Area, Hamilton County Conservation 
20Area, and Wayne Fitzgerrell State Park. The Department shall 
21provide and maintain quality wildlife habitat on these sites.
22 Field trials shall be scheduled only from September 1 
23through April 30 in the Northern Zone and September 1 through 
24April 15 in the Southern Zone. The Department maintains the 
25authority to schedule and administer field trials. The 
26boundary between the Northern Zone and the Southern Zone shall 
 
 
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1be U.S. Route 36. However, (i) if the opening date of the field 
2trial season falls on Sunday, the season will begin on 
3Saturday of that weekend; and (ii) if the closing date of the 
4field trial season falls on Saturday, the season will conclude 
5on Sunday of that weekend; and (iii) if during the final days 
6of the field trial season a field trial organization begins a 
7field trial which is subsequently interrupted due to inclement 
8weather, the field trial organization may complete the trial, 
9subject to the Department's approval, even though the field 
10trial season has ended. The field trial organization must 
11complete the trial on the first possible day or days. Field 
12trials for the retrieving breeds are exempt from these field 
13trials season provisions and shall have no closed season.
14 The fee for field trials shall be established by the 
15Department by rule.
16 (d) The Department is authorized to designate dog training 
17areas and to grant permits for all field trials including 
18those field trials where game birds reared under Section 3.23 
19are released and taken in accordance with the rules and 
20regulations set forth by the Department. Applications for 
21permits for such trials and training areas shall be 
22accompanied by detailed information as to the date and the 
23location of the grounds where such trial area or training 
24grounds is located. Applicants for field trial or dog training 
25permits must have the consent of the landowner prior to 
26applying for such permit. Fees and other regulations will be 
 
 
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1set by administrative rule.
2 (e) All permits for designated dog training areas shall 
3expire March 31st of each year.
4 (f) Permit holders for designated dog training areas must 
5possess a wild game breeder's permit or a game breeding and 
6hunting preserve area permit and may utilize live bird recall 
7devices on such areas.
8 (g) Nothing shall prevent an individual from using a dog 
9in the taking of squirrel during the open season.
10 (h) All hand reared game released and shot at field trials 
11shall be properly identified with tags as provided for by this 
12Act and such birds shall be banded before they are removed from 
13the field trial area.
14(Source: P.A. 102-237, eff. 1-1-22.)

15 Section 80. The Criminal Code of 2012 is amended by 
16changing Sections 24-1, 24-1.6, 24-1.9, 24-1.10, 24-2, and 
1724-3 as follows:

18 (720 ILCS 5/24-1) (from Ch. 38, par. 24-1)
19 Sec. 24-1. Unlawful use of weapons. 
20 (a) A person commits the offense of unlawful use of 
21weapons when he knowingly:
22  (1) Sells, manufactures, purchases, possesses or 
23 carries any bludgeon, black-jack, slung-shot, sand-club, 
24 sand-bag, metal knuckles or other knuckle weapon 
 
 
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1 regardless of its composition, throwing star, or any 
2 knife, commonly referred to as a switchblade knife, which 
3 has a blade that opens automatically by hand pressure 
4 applied to a button, spring or other device in the handle 
5 of the knife, or a ballistic knife, which is a device that 
6 propels a knifelike blade as a projectile by means of a 
7 coil spring, elastic material or compressed gas; or
8  (2) Carries or possesses with intent to use the same 
9 unlawfully against another, a dagger, dirk, billy, 
10 dangerous knife, razor, stiletto, broken bottle or other 
11 piece of glass, stun gun or taser or any other dangerous or 
12 deadly weapon or instrument of like character; or
13  (2.5) Carries or possesses with intent to use the same 
14 unlawfully against another, any firearm in a church, 
15 synagogue, mosque, or other building, structure, or place 
16 used for religious worship; or 
17  (3) Carries on or about his person or in any vehicle, a 
18 tear gas gun projector or bomb or any object containing 
19 noxious liquid gas or substance, other than an object 
20 containing a non-lethal noxious liquid gas or substance 
21 designed solely for personal defense carried by a person 
22 18 years of age or older; or
23  (4) Carries or possesses in any vehicle or concealed 
24 on or about his person except when on his land or in his 
25 own abode, legal dwelling, or fixed place of business, or 
26 on the land or in the legal dwelling of another person as 
 
 
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1 an invitee with that person's permission, any pistol, 
2 revolver, stun gun or taser or other firearm, except that 
3 this subsection (a)(4) does not apply to or affect 
4 transportation of weapons that meet one of the following 
5 conditions:
6   (i) are broken down in a non-functioning state; or
7   (ii) are not immediately accessible; or
8   (iii) are unloaded and enclosed in a case, firearm 
9 carrying box, shipping box, or other container by a 
10 person who has been issued a currently valid Firearm 
11 Owner's Identification Card; or
12   (iv) are carried or possessed in accordance with 
13 the Firearm Concealed Carry Act by a person who has 
14 been issued a currently valid Firearm Owner's 
15 Identification Card under the Firearm Owners 
16 Identification Card Act license under the Firearm 
17 Concealed Carry Act; or 
18  (5) Sets a spring gun; or
19  (6) Possesses any device or attachment of any kind 
20 designed, used or intended for use in silencing the report 
21 of any firearm; or
22  (7) Sells, manufactures, purchases, possesses or 
23 carries:
24   (i) a machine gun, which shall be defined for the 
25 purposes of this subsection as any weapon, which 
26 shoots, is designed to shoot, or can be readily 
 
 
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1 restored to shoot, automatically more than one shot 
2 without manually reloading by a single function of the 
3 trigger, including the frame or receiver of any such 
4 weapon, or sells, manufactures, purchases, possesses, 
5 or carries any combination of parts designed or 
6 intended for use in converting any weapon into a 
7 machine gun, or any combination or parts from which a 
8 machine gun can be assembled if such parts are in the 
9 possession or under the control of a person;
10   (ii) any rifle having one or more barrels less 
11 than 16 inches in length or a shotgun having one or 
12 more barrels less than 18 inches in length or any 
13 weapon made from a rifle or shotgun, whether by 
14 alteration, modification, or otherwise, if such a 
15 weapon as modified has an overall length of less than 
16 26 inches; or
17   (iii) any bomb, bomb-shell, grenade, bottle or 
18 other container containing an explosive substance of 
19 over one-quarter ounce for like purposes, such as, but 
20 not limited to, black powder bombs and Molotov 
21 cocktails or artillery projectiles; or
22  (8) Carries or possesses any firearm, stun gun or 
23 taser or other deadly weapon in any place which is 
24 licensed to sell intoxicating beverages, or at any public 
25 gathering held pursuant to a license issued by any 
26 governmental body or any public gathering at which an 
 
 
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1 admission is charged, excluding a place where a showing, 
2 demonstration or lecture involving the exhibition of 
3 unloaded firearms is conducted.
4  This subsection (a)(8) does not apply to any auction 
5 or raffle of a firearm held pursuant to a license or permit 
6 issued by a governmental body, nor does it apply to 
7 persons engaged in firearm safety training courses; or
8  (9) Carries or possesses in a vehicle or on or about 
9 his or her person any pistol, revolver, stun gun or taser 
10 or firearm or ballistic knife, when he or she is hooded, 
11 robed or masked in such manner as to conceal his or her 
12 identity; or
13  (10) Carries or possesses on or about his or her 
14 person, upon any public street, alley, or other public 
15 lands within the corporate limits of a city, village, or 
16 incorporated town, except when an invitee thereon or 
17 therein, for the purpose of the display of such weapon or 
18 the lawful commerce in weapons, or except when on his land 
19 or in his or her own abode, legal dwelling, or fixed place 
20 of business, or on the land or in the legal dwelling of 
21 another person as an invitee with that person's 
22 permission, any pistol, revolver, stun gun, or taser or 
23 other firearm, except that this subsection (a)(10) does 
24 not apply to or affect transportation of weapons that meet 
25 one of the following conditions:
26   (i) are broken down in a non-functioning state; or
 
 
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1   (ii) are not immediately accessible; or
2   (iii) are unloaded and enclosed in a case, firearm 
3 carrying box, shipping box, or other container by a 
4 person who has been issued a currently valid Firearm 
5 Owner's Identification Card; or
6   (iv) are carried or possessed in accordance with 
7 the Firearm Owners Identification Card Act Concealed 
8 Carry Act by a person who has been issued a currently 
9 valid license under the Firearm Owner's Identification 
10 Card Concealed Carry Act. 
11  A "stun gun or taser", as used in this paragraph (a) 
12 means (i) any device which is powered by electrical 
13 charging units, such as, batteries, and which fires one or 
14 several barbs attached to a length of wire and which, upon 
15 hitting a human, can send out a current capable of 
16 disrupting the person's nervous system in such a manner as 
17 to render him incapable of normal functioning or (ii) any 
18 device which is powered by electrical charging units, such 
19 as batteries, and which, upon contact with a human or 
20 clothing worn by a human, can send out current capable of 
21 disrupting the person's nervous system in such a manner as 
22 to render him incapable of normal functioning; or
23  (11) Sells, manufactures, delivers, imports, 
24 possesses, or purchases any assault weapon attachment or 
25 .50 caliber cartridge in violation of Section 24-1.9 or 
26 any explosive bullet. For purposes of this paragraph (a) 
 
 
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1 "explosive bullet" means the projectile portion of an 
2 ammunition cartridge which contains or carries an 
3 explosive charge which will explode upon contact with the 
4 flesh of a human or an animal. "Cartridge" means a tubular 
5 metal case having a projectile affixed at the front 
6 thereof and a cap or primer at the rear end thereof, with 
7 the propellant contained in such tube between the 
8 projectile and the cap; or
9  (12) (Blank); or
10  (13) Carries or possesses on or about his or her 
11 person while in a building occupied by a unit of 
12 government, a billy club, other weapon of like character, 
13 or other instrument of like character intended for use as 
14 a weapon. For the purposes of this Section, "billy club" 
15 means a short stick or club commonly carried by police 
16 officers which is either telescopic or constructed of a 
17 solid piece of wood or other man-made material; or
18  (14) Manufactures, possesses, sells, or offers to 
19 sell, purchase, manufacture, import, transfer, or use any 
20 device, part, kit, tool, accessory, or combination of 
21 parts that is designed to and functions to increase the 
22 rate of fire of a semiautomatic firearm above the standard 
23 rate of fire for semiautomatic firearms that is not 
24 equipped with that device, part, or combination of parts; 
25 or
26  (15) Carries or possesses any assault weapon or .50 
 
 
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1 caliber rifle in violation of Section 24-1.9; or
2  (16) Manufactures, sells, delivers, imports, or 
3 purchases any assault weapon or .50 caliber rifle in 
4 violation of Section 24-1.9. 
5 (b) Sentence. A person convicted of a violation of 
6subsection 24-1(a)(1) through (5), subsection 24-1(a)(10), 
7subsection 24-1(a)(11), subsection 24-1(a)(13), or 24-1(a)(15) 
8commits a Class A misdemeanor. A person convicted of a 
9violation of subsection 24-1(a)(8) or 24-1(a)(9) commits a 
10Class 4 felony; a person convicted of a violation of 
11subsection 24-1(a)(6), 24-1(a)(7)(ii), 24-1(a)(7)(iii), or 
1224-1(a)(16) commits a Class 3 felony. A person convicted of a 
13violation of subsection 24-1(a)(7)(i) commits a Class 2 felony 
14and shall be sentenced to a term of imprisonment of not less 
15than 3 years and not more than 7 years, unless the weapon is 
16possessed in the passenger compartment of a motor vehicle as 
17defined in Section 1-146 of the Illinois Vehicle Code, or on 
18the person, while the weapon is loaded, in which case it shall 
19be a Class X felony. A person convicted of a second or 
20subsequent violation of subsection 24-1(a)(4), 24-1(a)(8), 
2124-1(a)(9), 24-1(a)(10), or 24-1(a)(15) commits a Class 3 
22felony. A person convicted of a violation of subsection 
2324-1(a)(2.5) or 24-1(a)(14) commits a Class 2 felony. The 
24possession of each weapon or device in violation of this 
25Section constitutes a single and separate violation.
26 (c) Violations in specific places.
 
 
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1  (1) A person who violates subsection 24-1(a)(6) or 
2 24-1(a)(7) in any school, regardless of the time of day or 
3 the time of year, in residential property owned, operated 
4 or managed by a public housing agency or leased by a public 
5 housing agency as part of a scattered site or mixed-income 
6 development, in a public park, in a courthouse, on the 
7 real property comprising any school, regardless of the 
8 time of day or the time of year, on 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, on the real property 
12 comprising any public park, on the real property 
13 comprising any courthouse, in any conveyance owned, leased 
14 or contracted by a school to transport students to or from 
15 school or a school related activity, in any conveyance 
16 owned, leased, or contracted by a public transportation 
17 agency, or on any public way within 1,000 feet of the real 
18 property comprising any school, public park, courthouse, 
19 public transportation facility, or residential property 
20 owned, operated, or managed by a public housing agency or 
21 leased by a public housing agency as part of a scattered 
22 site or mixed-income development commits a Class 2 felony 
23 and shall be sentenced to a term of imprisonment of not 
24 less than 3 years and not more than 7 years.
25  (1.5) A person who violates subsection 24-1(a)(4), 
26 24-1(a)(9), or 24-1(a)(10) in any school, regardless of 
 
 
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1 the time of day or the time of year, in residential 
2 property owned, operated, or managed by a public housing 
3 agency or leased by a public housing agency as part of a 
4 scattered site or mixed-income development, in a public 
5 park, in a courthouse, on the real property comprising any 
6 school, regardless of the time of day or the time of year, 
7 on residential property owned, operated, or managed by a 
8 public housing agency or leased by a public housing agency 
9 as part of a scattered site or mixed-income development, 
10 on the real property comprising any public park, on the 
11 real property comprising any courthouse, in any conveyance 
12 owned, leased, or contracted by a school to transport 
13 students to or from school or a school related activity, 
14 in any conveyance owned, leased, or contracted by a public 
15 transportation agency, or on any public way within 1,000 
16 feet of the real property comprising any school, public 
17 park, courthouse, public transportation facility, or 
18 residential property owned, operated, or managed by a 
19 public housing agency or leased by a public housing agency 
20 as part of a scattered site or mixed-income development 
21 commits a Class 3 felony.
22  (2) A person who violates subsection 24-1(a)(1), 
23 24-1(a)(2), or 24-1(a)(3) in any school, regardless of the 
24 time of day or the time of year, in 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 
 
 
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1 site or mixed-income development, in a public park, in a 
2 courthouse, on the real property comprising any school, 
3 regardless of the time of day or the time of year, on 
4 residential property owned, operated or managed by a 
5 public housing agency or leased by a public housing agency 
6 as part of a scattered site or mixed-income development, 
7 on the real property comprising any public park, on the 
8 real property comprising any courthouse, in any conveyance 
9 owned, leased or contracted by a school to transport 
10 students to or from school or a school related activity, 
11 in any conveyance owned, leased, or contracted by a public 
12 transportation agency, or on any public way within 1,000 
13 feet of the real property comprising any school, public 
14 park, courthouse, public transportation facility, or 
15 residential property owned, operated, or managed by a 
16 public housing agency or leased by a public housing agency 
17 as part of a scattered site or mixed-income development 
18 commits a Class 4 felony. "Courthouse" means any building 
19 that is used by the Circuit, Appellate, or Supreme Court 
20 of this State for the conduct of official business.
21  (3) Paragraphs (1), (1.5), and (2) of this subsection 
22 (c) shall not apply to law enforcement officers or 
23 security officers of such school, college, or university 
24 or to students carrying or possessing firearms for use in 
25 training courses, parades, hunting, target shooting on 
26 school ranges, or otherwise with the consent of school 
 
 
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1 authorities and which firearms are transported unloaded 
2 enclosed in a suitable case, box, or transportation 
3 package.
4  (4) For the purposes of this subsection (c), "school" 
5 means any public or private elementary or secondary 
6 school, community college, college, or university.
7  (5) For the purposes of this subsection (c), "public 
8 transportation agency" means a public or private agency 
9 that provides for the transportation or conveyance of 
10 persons by means available to the general public, except 
11 for transportation by automobiles not used for conveyance 
12 of the general public as passengers; and "public 
13 transportation facility" means a terminal or other place 
14 where one may obtain public transportation. 
15 (d) The presence in an automobile other than a public 
16omnibus of any weapon, instrument or substance referred to in 
17subsection (a)(7) is prima facie evidence that it is in the 
18possession of, and is being carried by, all persons occupying 
19such automobile at the time such weapon, instrument or 
20substance is found, except under the following circumstances: 
21(i) if such weapon, instrument or instrumentality is found 
22upon the person of one of the occupants therein; or (ii) if 
23such weapon, instrument or substance is found in an automobile 
24operated for hire by a duly licensed driver in the due, lawful 
25and proper pursuit of his or her trade, then such presumption 
26shall not apply to the driver.
 
 
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1 (e) Exemptions.
2  (1) Crossbows, Common or Compound bows and Underwater 
3 Spearguns are exempted from the definition of ballistic 
4 knife as defined in paragraph (1) of subsection (a) of 
5 this Section.
6  (2) The provision of paragraph (1) of subsection (a) 
7 of this Section prohibiting the sale, manufacture, 
8 purchase, possession, or carrying of any knife, commonly 
9 referred to as a switchblade knife, which has a blade that 
10 opens automatically by hand pressure applied to a button, 
11 spring or other device in the handle of the knife, does not 
12 apply to a person who possesses a currently valid Firearm 
13 Owner's Identification Card previously issued in his or 
14 her name by the Illinois State Police or to a person or an 
15 entity engaged in the business of selling or manufacturing 
16 switchblade knives. 
17(Source: P.A. 101-223, eff. 1-1-20; 102-538, eff. 8-20-21; 
18102-1116, eff. 1-10-23.)

19 (720 ILCS 5/24-1.6)
20 Sec. 24-1.6. Aggravated unlawful use of a weapon. 
21 (a) A person commits the offense of aggravated unlawful 
22use of a weapon when he or she knowingly:
23  (1) Carries on or about his or her person or in any 
24 vehicle or concealed on or about his or her person except 
25 when on his or her land or in his or her abode, legal 
 
 
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1 dwelling, or fixed place of business, or on the land or in 
2 the legal dwelling of another person as an invitee with 
3 that person's permission, any pistol, revolver, stun gun 
4 or taser or other firearm; or
5  (2) Carries or possesses on or about his or her 
6 person, upon any public street, alley, or other public 
7 lands within the corporate limits of a city, village or 
8 incorporated town, except when an invitee thereon or 
9 therein, for the purpose of the display of such weapon or 
10 the lawful commerce in weapons, or except when on his or 
11 her own land or in his or her own abode, legal dwelling, or 
12 fixed place of business, or on the land or in the legal 
13 dwelling of another person as an invitee with that 
14 person's permission, any pistol, revolver, stun gun or 
15 taser or other firearm; and
16  (3) One of the following factors is present:
17   (A) the firearm, other than a pistol, revolver, or 
18 handgun, possessed was uncased, loaded, and 
19 immediately accessible at the time of the offense; or
20   (A-5) the pistol, revolver, or handgun possessed 
21 was uncased, loaded, and immediately accessible at the 
22 time of the offense and the person possessing the 
23 pistol, revolver, or handgun has not been issued a 
24 currently valid Firearm Owner's Identification Card 
25 under the Firearm Owners Identification Card license 
26 under the Firearm Concealed Carry Act; or 
 
 
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1   (B) the firearm, other than a pistol, revolver, or 
2 handgun, possessed was uncased, unloaded, and the 
3 ammunition for the weapon was immediately accessible 
4 at the time of the offense; or
5   (B-5) the pistol, revolver, or handgun possessed 
6 was uncased, unloaded, and the ammunition for the 
7 weapon was immediately accessible at the time of the 
8 offense and the person possessing the pistol, 
9 revolver, or handgun has not been issued a currently 
10 valid Firearm Owner's Identification Card under the 
11 Firearm Owners Identification Card license under the 
12 Firearm Concealed Carry Act; or 
13   (C) the person possessing the firearm has not been 
14 issued a currently valid Firearm Owner's 
15 Identification Card; or
16   (D) the person possessing the weapon was 
17 previously adjudicated a delinquent minor under the 
18 Juvenile Court Act of 1987 for an act that if committed 
19 by an adult would be a felony; or
20   (E) the person possessing the weapon was engaged 
21 in a misdemeanor violation of the Cannabis Control 
22 Act, in a misdemeanor violation of the Illinois 
23 Controlled Substances Act, or in a misdemeanor 
24 violation of the Methamphetamine Control and Community 
25 Protection Act; or
26   (F) (blank); or
 
 
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1   (G) the person possessing the weapon had an order 
2 of protection issued against him or her within the 
3 previous 2 years; or
4   (H) the person possessing the weapon was engaged 
5 in the commission or attempted commission of a 
6 misdemeanor involving the use or threat of violence 
7 against the person or property of another; or
8   (I) the person possessing the weapon was under 21 
9 years of age and in possession of a handgun, unless the 
10 person under 21 is engaged in lawful activities under 
11 the Wildlife Code or described in subsection 
12 24-2(b)(1), (b)(3), or 24-2(f).
13 (a-5) "Handgun" as used in this Section has the meaning 
14given to it in Section 13.1 of the Firearm Owners 
15Identification Card Section 5 of the Firearm Concealed Carry 
16Act. 
17 (b) "Stun gun or taser" as used in this Section has the 
18same definition given to it in Section 24-1 of this Code.
19 (c) This Section does not apply to or affect the 
20transportation or possession of weapons that:
21  (i) are broken down in a non-functioning state; or
22  (ii) are not immediately accessible; or
23  (iii) are unloaded and enclosed in a case, firearm 
24 carrying box, shipping box, or other container by a person 
25 who has been issued a currently valid Firearm Owner's 
26 Identification Card.
 
 
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1 (d) Sentence.
2  (1) Aggravated unlawful use of a weapon is a Class 4 
3 felony; a second or subsequent offense is a Class 2 felony 
4 for which the person shall be sentenced to a term of 
5 imprisonment of not less than 3 years and not more than 7 
6 years, except as provided for in Section 5-4.5-110 of the 
7 Unified Code of Corrections. 
8  (2) Except as otherwise provided in paragraphs (3) and 
9 (4) of this subsection (d), a first offense of aggravated 
10 unlawful use of a weapon committed with a firearm by a 
11 person 18 years of age or older where the factors listed in 
12 both items (A) and (C) or both items (A-5) and (C) of 
13 paragraph (3) of subsection (a) are present is a Class 4 
14 felony, for which the person shall be sentenced to a term 
15 of imprisonment of not less than one year and not more than 
16 3 years.
17  (3) Aggravated unlawful use of a weapon by a person 
18 who has been previously convicted of a felony in this 
19 State or another jurisdiction is a Class 2 felony for 
20 which the person shall be sentenced to a term of 
21 imprisonment of not less than 3 years and not more than 7 
22 years, except as provided for in Section 5-4.5-110 of the 
23 Unified Code of Corrections. 
24  (4) Aggravated unlawful use of a weapon while wearing 
25 or in possession of body armor as defined in Section 33F-1 
26 by a person who has not been issued a valid Firearms 
 
 
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1 Owner's Identification Card in accordance with Section 5 
2 of the Firearm Owners Identification Card Act is a Class X 
3 felony. 
4 (e) The possession of each firearm in violation of this 
5Section constitutes a single and separate violation.
6(Source: P.A. 100-3, eff. 1-1-18; 100-201, eff. 8-18-17.)

7 (720 ILCS 5/24-1.9)
8 Sec. 24-1.9. Manufacture, possession, delivery, sale, and 
9purchase of assault weapons, .50 caliber rifles, and .50 
10caliber cartridges.
11 (a) Definitions. In this Section:
12 (1) "Assault weapon" means any of the following, except as 
13provided in subdivision (2) of this subsection: 
14  (A) A semiautomatic rifle that has the capacity to 
15 accept a detachable magazine or that may be readily 
16 modified to accept a detachable magazine, if the firearm 
17 has one or more of the following:
18   (i) a pistol grip or thumbhole stock;
19   (ii) any feature capable of functioning as a 
20 protruding grip that can be held by the non-trigger 
21 hand;
22   (iii) a folding, telescoping, thumbhole, or 
23 detachable stock, or a stock that is otherwise 
24 foldable or adjustable in a manner that operates to 
25 reduce the length, size, or any other dimension, or 
 
 
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1 otherwise enhances the concealability of, the weapon; 
2   (iv) a flash suppressor;
3   (v) a grenade launcher;
4   (vi) a shroud attached to the barrel or that 
5 partially or completely encircles the barrel, allowing 
6 the bearer to hold the firearm with the non-trigger 
7 hand without being burned, but excluding a slide that 
8 encloses the barrel. 
9  (B) A semiautomatic rifle that has a fixed magazine 
10 with the capacity to accept more than 10 rounds, except 
11 for an attached tubular device designed to accept, and 
12 capable of operating only with, .22 caliber rimfire 
13 ammunition.
14  (C) A semiautomatic pistol that has the capacity to 
15 accept a detachable magazine or that may be readily 
16 modified to accept a detachable magazine, if the firearm 
17 has one or more of the following:
18   (i) a threaded barrel;
19   (ii) a second pistol grip or another feature 
20 capable of functioning as a protruding grip that can 
21 be held by the non-trigger hand;
22   (iii) a shroud attached to the barrel or that 
23 partially or completely encircles the barrel, allowing 
24 the bearer to hold the firearm with the non-trigger 
25 hand without being burned, but excluding a slide that 
26 encloses the barrel;
 
 
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1   (iv) a flash suppressor; 
2   (v) the capacity to accept a detachable magazine 
3 at some location outside of the pistol grip; or
4   (vi) a buffer tube, arm brace, or other part that 
5 protrudes horizontally behind the pistol grip and is 
6 designed or redesigned to allow or facilitate a 
7 firearm to be fired from the shoulder. 
8  (D) A semiautomatic pistol that has a fixed magazine 
9 with the capacity to accept more than 15 rounds.
10  (E) Any shotgun with a revolving cylinder. 
11  (F) A semiautomatic shotgun that has one or more of 
12 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 or thumbhole stock; 
18   (iv) a grenade launcher;
19   (v) a fixed magazine with the capacity of more 
20 than 5 rounds; or 
21   (vi) the capacity to accept a detachable magazine. 
22  (G) Any semiautomatic firearm that has the capacity to 
23 accept a belt ammunition feeding device.
24  (H) Any firearm that has been modified to be operable 
25 as an assault weapon as defined in this Section. 
26  (I) Any part or combination of parts designed or 
 
 
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1 intended to convert a firearm into an assault weapon, 
2 including any combination of parts from which an assault 
3 weapon may be readily assembled if those parts are in the 
4 possession or under the control of the same person. 
5  (J) All of the following rifles, copies, duplicates, 
6 variants, or altered facsimiles with the capability of any 
7 such weapon: 
8   (i) All AK types, including the following:
9    (I) AK, AK47, AK47S, AK-74, AKM, AKS, ARM, 
10 MAK90, MISR, NHM90, NHM91, SA85, SA93, Vector Arms 
11 AK-47, VEPR, WASR-10, and WUM. 
12    (II) IZHMASH Saiga AK. 
13    (III) MAADI AK47 and ARM. 
14    (IV) Norinco 56S, 56S2, 84S, and 86S. 
15    (V) Poly Technologies AK47 and AKS. 
16    (VI) SKS with a detachable magazine. 
17   (ii) all AR types, including the following:
18    (I) AR-10. 
19    (II) AR-15. 
20    (III) Alexander Arms Overmatch Plus 16. 
21    (IV) Armalite M15 22LR Carbine. 
22    (V) Armalite M15-T. 
23    (VI) Barrett REC7. 
24    (VII) Beretta AR-70. 
25    (VIII) Black Rain Ordnance Recon Scout. 
26    (IX) Bushmaster ACR. 
 
 
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1    (X) Bushmaster Carbon 15. 
2    (XI) Bushmaster MOE series. 
3    (XII) Bushmaster XM15. 
4    (XIII) Chiappa Firearms MFour rifles. 
5    (XIV) Colt Match Target rifles. 
6    (XV) CORE Rifle Systems CORE15 rifles. 
7    (XVI) Daniel Defense M4A1 rifles. 
8    (XVII) Devil Dog Arms 15 Series rifles. 
9    (XVIII) Diamondback DB15 rifles. 
10    (XIX) DoubleStar AR rifles. 
11    (XX) DPMS Tactical rifles. 
12    (XXI) DSA Inc. ZM-4 Carbine. 
13    (XXII) Heckler & Koch MR556. 
14    (XXIII) High Standard HSA-15 rifles. 
15    (XXIV) Jesse James Nomad AR-15 rifle. 
16    (XXV) Knight's Armament SR-15. 
17    (XXVI) Lancer L15 rifles. 
18    (XXVII) MGI Hydra Series rifles. 
19    (XXVIII) Mossberg MMR Tactical rifles. 
20    (XXIX) Noreen Firearms BN 36 rifle. 
21    (XXX) Olympic Arms. 
22    (XXXI) POF USA P415. 
23    (XXXII) Precision Firearms AR rifles. 
24    (XXXIII) Remington R-15 rifles. 
25    (XXXIV) Rhino Arms AR rifles. 
26    (XXXV) Rock River Arms LAR-15 or Rock River 
 
 
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1 Arms LAR-47. 
2    (XXXVI) Sig Sauer SIG516 rifles and MCX 
3 rifles. 
4    (XXXVII) Smith & Wesson M&P15 rifles. 
5    (XXXVIII) Stag Arms AR rifles. 
6    (XXXIX) Sturm, Ruger & Co. SR556 and AR-556 
7 rifles. 
8    (XL) Uselton Arms Air-Lite M-4 rifles. 
9    (XLI) Windham Weaponry AR rifles. 
10    (XLII) WMD Guns Big Beast. 
11    (XLIII) Yankee Hill Machine Company, Inc. 
12 YHM-15 rifles. 
13   (iii) Barrett M107A1.
14   (iv) Barrett M82A1.
15   (v) Beretta CX4 Storm.
16   (vi) Calico Liberty Series.
17   (vii) CETME Sporter. 
18   (viii) Daewoo K-1, K-2, Max 1, Max 2, AR 100, and 
19 AR 110C. 
20   (ix) Fabrique Nationale/FN Herstal FAL, LAR, 22 
21 FNC, 308 Match, L1A1 Sporter, PS90, SCAR, and FS2000. 
22   (x) Feather Industries AT-9. 
23   (xi) Galil Model AR and Model ARM. 
24   (xii) Hi-Point Carbine. 
25   (xiii) HK-91, HK-93, HK-94, HK-PSG-1, and HK USC. 
26   (xiv) IWI TAVOR, Galil ACE rifle. 
 
 
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1   (xv) Kel-Tec Sub-2000, SU-16, and RFB. 
2   (xvi) SIG AMT, SIG PE-57, Sig Sauer SG 550, Sig 
3 Sauer SG 551, and SIG MCX.
4   (xvii) Springfield Armory SAR-48. 
5   (xviii) Steyr AUG. 
6   (xix) Sturm, Ruger & Co. Mini-14 Tactical Rifle 
7 M-14/20CF. 
8   (xx) All Thompson rifles, including the following: 
9    (I) Thompson M1SB. 
10    (II) Thompson T1100D. 
11    (III) Thompson T150D. 
12    (IV) Thompson T1B. 
13    (V) Thompson T1B100D. 
14    (VI) Thompson T1B50D. 
15    (VII) Thompson T1BSB. 
16    (VIII) Thompson T1-C. 
17    (IX) Thompson T1D. 
18    (X) Thompson T1SB. 
19    (XI) Thompson T5. 
20    (XII) Thompson T5100D. 
21    (XIII) Thompson TM1. 
22    (XIV) Thompson TM1C. 
23   (xxi) UMAREX UZI rifle. 
24   (xxii) UZI Mini Carbine, UZI Model A Carbine, and 
25 UZI Model B Carbine. 
26   (xxiii) Valmet M62S, M71S, and M78. 
 
 
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1   (xxiv) Vector Arms UZI Type. 
2   (xxv) Weaver Arms Nighthawk. 
3   (xxvi) Wilkinson Arms Linda Carbine. 
4  (K) All of the following pistols, copies, duplicates, 
5 variants, or altered facsimiles with the capability of any 
6 such weapon thereof: 
7   (i) All AK types, including the following: 
8    (I) Centurion 39 AK pistol. 
9    (II) CZ Scorpion pistol. 
10    (III) Draco AK-47 pistol. 
11    (IV) HCR AK-47 pistol. 
12    (V) IO Inc. Hellpup AK-47 pistol. 
13    (VI) Krinkov pistol. 
14    (VII) Mini Draco AK-47 pistol. 
15    (VIII) PAP M92 pistol. 
16    (IX) Yugo Krebs Krink pistol. 
17   (ii) All AR types, including the following: 
18    (I) American Spirit AR-15 pistol. 
19    (II) Bushmaster Carbon 15 pistol. 
20    (III) Chiappa Firearms M4 Pistol GEN II. 
21    (IV) CORE Rifle Systems CORE15 Roscoe pistol. 
22    (V) Daniel Defense MK18 pistol. 
23    (VI) DoubleStar Corporation AR pistol. 
24    (VII) DPMS AR-15 pistol. 
25    (VIII) Jesse James Nomad AR-15 pistol. 
26    (IX) Olympic Arms AR-15 pistol. 
 
 
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1    (X) Osprey Armament MK-18 pistol. 
2    (XI) POF USA AR pistols. 
3    (XII) Rock River Arms LAR 15 pistol. 
4    (XIII) Uselton Arms Air-Lite M-4 pistol. 
5   (iii) Calico pistols. 
6   (iv) DSA SA58 PKP FAL pistol. 
7   (v) Encom MP-9 and MP-45. 
8   (vi) Heckler & Koch model SP-89 pistol. 
9   (vii) Intratec AB-10, TEC-22 Scorpion, TEC-9, and 
10 TEC-DC9. 
11   (viii) IWI Galil Ace pistol, UZI PRO pistol. 
12   (ix) Kel-Tec PLR 16 pistol. 
13   (x) All MAC types, including the following: 
14    (I) MAC-10. 
15    (II) MAC-11. 
16    (III) Masterpiece Arms MPA A930 Mini Pistol, 
17 MPA460 Pistol, MPA Tactical Pistol, and MPA Mini 
18 Tactical Pistol. 
19    (IV) Military Armament Corp. Ingram M-11. 
20    (V) Velocity Arms VMAC. 
21   (xi) Sig Sauer P556 pistol. 
22   (xii) Sites Spectre. 
23   (xiii) All Thompson types, including the 
24 following: 
25    (I) Thompson TA510D. 
26    (II) Thompson TA5. 
 
 
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1   (xiv) All UZI types, including Micro-UZI. 
2  (L) All of the following shotguns, copies, duplicates, 
3 variants, or altered facsimiles with the capability of any 
4 such weapon thereof: 
5   (i) DERYA Anakon MC-1980, Anakon SD12. 
6   (ii) Doruk Lethal shotguns. 
7   (iii) Franchi LAW-12 and SPAS 12. 
8   (iv) All IZHMASH Saiga 12 types, including the 
9 following: 
10    (I) IZHMASH Saiga 12. 
11    (II) IZHMASH Saiga 12S. 
12    (III) IZHMASH Saiga 12S EXP-01. 
13    (IV) IZHMASH Saiga 12K. 
14    (V) IZHMASH Saiga 12K-030. 
15    (VI) IZHMASH Saiga 12K-040 Taktika. 
16   (v) Streetsweeper. 
17   (vi) Striker 12. 
18 (2) "Assault weapon" does not include: 
19  (A) Any firearm that is an unserviceable firearm or 
20 has been made permanently inoperable.
21  (B) An antique firearm or a replica of an antique 
22 firearm.
23  (C) A firearm that is manually operated by bolt, pump, 
24 lever or slide action, unless the firearm is a shotgun 
25 with a revolving cylinder.
26  (D) Any air rifle as defined in Section 24.8-0.1 of 
 
 
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1 this Code.
2  (E) Any handgun, as defined under Section 13.1 of the 
3 Firearm Owners Identification Card Act the Firearm 
4 Concealed Carry Act, unless otherwise listed in this 
5 Section. 
6 (3) "Assault weapon attachment" means any device capable 
7of being attached to a firearm that is specifically designed 
8for making or converting a firearm into any of the firearms 
9listed in paragraph (1) of this subsection (a).
10 (4) "Antique firearm" has the meaning ascribed to it in 18 
11U.S.C. 921(a)(16).
12 (5) ".50 caliber rifle" means a centerfire rifle capable 
13of firing a .50 caliber cartridge. The term does not include 
14any antique firearm, any shotgun including a shotgun that has 
15a rifle barrel, or any muzzle-loader which uses black powder 
16for hunting or historical reenactments.
17 (6) ".50 caliber cartridge" means a cartridge in .50 BMG 
18caliber, either by designation or actual measurement, that is 
19capable of being fired from a centerfire rifle. The term ".50 
20caliber cartridge" does not include any memorabilia or display 
21item that is filled with a permanent inert substance or that is 
22otherwise permanently altered in a manner that prevents ready 
23modification for use as live ammunition or shotgun ammunition 
24with a caliber measurement that is equal to or greater than .50 
25caliber.
26 (7) "Detachable magazine" means an ammunition feeding 
 
 
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1device that may be removed from a firearm without disassembly 
2of the firearm action, including an ammunition feeding device 
3that may be readily removed from a firearm with the use of a 
4bullet, cartridge, accessory, or other tool, or any other 
5object that functions as a tool, including a bullet or 
6cartridge.
7 (8) "Fixed magazine" means an ammunition feeding device 
8that is permanently attached to a firearm, or contained in and 
9not removable from a firearm, or that is otherwise not a 
10detachable magazine, but does not include an attached tubular 
11device designed to accept, and capable of operating only with, 
12.22 caliber rimfire ammunition. 
13 (b) Except as provided in subsections (c), (d), and (e), 
14on or after January 10, 2023 (the effective date of Public Act 
15102-1116) this amendatory Act of the 102nd General Assembly, 
16it is unlawful for any person within this State to knowingly 
17manufacture, deliver, sell, import, or purchase or cause to be 
18manufactured, delivered, sold, imported, or purchased by 
19another, an assault weapon, assault weapon attachment, .50 
20caliber rifle, or .50 caliber cartridge.
21 (c) Except as otherwise provided in subsection (d), 
22beginning January 1, 2024, it is unlawful for any person 
23within this State to knowingly possess an assault weapon, 
24assault weapon attachment, .50 caliber rifle, or .50 caliber 
25cartridge. 
26 (d) This Section does not apply to a person's possession 
 
 
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1of an assault weapon, assault weapon attachment, .50 caliber 
2rifle, or .50 caliber cartridge device if the person lawfully 
3possessed that assault weapon, assault weapon attachment, .50 
4caliber rifle, or .50 caliber cartridge prohibited by 
5subsection (c) of this Section, if the person has provided in 
6an endorsement affidavit, prior to January 1, 2024, under oath 
7or affirmation and in the form and manner prescribed by the 
8Illinois State Police, no later than October 1, 2023:
9  (1) the affiant's Firearm Owner's Identification Card 
10 number;
11  (2) an affirmation that the affiant: (i) possessed an 
12 assault weapon, assault weapon attachment, .50 caliber 
13 rifle, or .50 caliber cartridge before January 10, 2023 
14 (the effective date of Public Act 102-1116) this 
15 amendatory Act of the 102nd General Assembly; or (ii) 
16 inherited the assault weapon, assault weapon attachment, 
17 .50 caliber rifle, or .50 caliber cartridge from a person 
18 with an endorsement under this Section or from a person 
19 authorized under subdivisions (1) through (5) of 
20 subsection (e) to possess the assault weapon, assault 
21 weapon attachment, .50 caliber rifle, or .50 caliber 
22 cartridge; and
23  (3) the make, model, caliber, and serial number of the 
24 .50 caliber rifle or assault weapon or assault weapons 
25 listed in paragraphs (J), (K), and (L) of subdivision (1) 
26 of subsection (a) of this Section possessed by the affiant 
 
 
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1 prior to January 10, 2023 (the effective date of Public 
2 Act 102-1116) this amendatory Act of the 102nd General 
3 Assembly and any assault weapons identified and published 
4 by the Illinois State Police pursuant to this subdivision 
5 (3). No later than October 1, 2023, and every October 1 
6 thereafter, the Illinois State Police shall, via 
7 rulemaking, identify, publish, and make available on its 
8 website, the list of assault weapons subject to an 
9 endorsement affidavit under this subsection (d). The list 
10 shall identify, but is not limited to, the copies, 
11 duplicates, variants, and altered facsimiles of the 
12 assault weapons identified in paragraphs (J), (K), and (L) 
13 of subdivision (1) of subsection (a) of this Section and 
14 shall be consistent with the definition of "assault 
15 weapon" identified in this Section. The Illinois State 
16 Police may adopt emergency rulemaking in accordance with 
17 Section 5-45 of the Illinois Administrative Procedure Act. 
18 The adoption of emergency rules authorized by Section 5-45 
19 of the Illinois Administrative Procedure Act and this 
20 paragraph is deemed to be necessary for the public 
21 interest, safety, and welfare.
22 The affidavit form shall include the following statement 
23printed in bold type: "Warning: Entering false information on 
24this form is punishable as perjury under Section 32-2 of the 
25Criminal Code of 2012. Entering false information on this form 
26is a violation of the Firearm Owners Identification Card Act."
 
 
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1 In any administrative, civil, or criminal proceeding in 
2this State, a completed endorsement affidavit submitted to the 
3Illinois State Police by a person under this Section creates a 
4rebuttable presumption that the person is entitled to possess 
5and transport the assault weapon, assault weapon attachment, 
6.50 caliber rifle, or .50 caliber cartridge. 
7 Beginning 90 days after January 10, 2023 (the effective 
8date of Public Act 102-1116) this amendatory Act of the 102nd 
9General Assembly, a person authorized under this Section to 
10possess an assault weapon, assault weapon attachment, .50 
11caliber rifle, or .50 caliber cartridge shall possess such 
12items only: 
13  (1) on private property owned or immediately 
14 controlled by the person;
15  (2) on private property that is not open to the public 
16 with the express permission of the person who owns or 
17 immediately controls such property;
18  (3) while on the premises of a licensed firearms 
19 dealer or gunsmith for the purpose of lawful repair;
20  (4) while engaged in the legal use of the assault 
21 weapon, assault weapon attachment, .50 caliber rifle, or 
22 .50 caliber cartridge at a properly licensed firing range 
23 or sport shooting competition venue; or
24  (5) while traveling to or from these locations, 
25 provided that the assault weapon, assault weapon 
26 attachment, or .50 caliber rifle is unloaded and the 
 
 
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1 assault weapon, assault weapon attachment, .50 caliber 
2 rifle, or .50 caliber cartridge is enclosed in a case, 
3 firearm carrying box, shipping box, or other container. 
4 Beginning on January 1, 2024, the person with the 
5endorsement for an assault weapon, assault weapon attachment, 
6.50 caliber rifle, or .50 caliber cartridge or a person 
7authorized under subdivisions (1) through (5) of subsection 
8(e) to possess an assault weapon, assault weapon attachment, 
9.50 caliber rifle, or .50 caliber cartridge may transfer the 
10assault weapon, assault weapon attachment, .50 caliber rifle, 
11or .50 caliber cartridge only to an heir, an individual 
12residing in another state maintaining it in another state, or 
13a dealer licensed as a federal firearms dealer under Section 
14923 of the federal Gun Control Act of 1968. Within 10 days 
15after transfer of the weapon except to an heir, the person 
16shall notify the Illinois State Police of the name and address 
17of the transferee and comply with the requirements of 
18subsection (b) of Section 3 of the Firearm Owners 
19Identification Card Act. The person to whom the weapon or 
20ammunition is transferred shall, within 60 days of the 
21transfer, complete an affidavit required under this Section. A 
22person to whom the weapon is transferred may transfer it only 
23as provided in this subsection.
24 Except as provided in subsection (e) and beginning on 
25January 1, 2024, any person who moves into this State in 
26possession of an assault weapon, assault weapon attachment, 
 
 
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1.50 caliber rifle, or .50 caliber cartridge shall, within 60 
2days, apply for a Firearm Owners Identification Card and 
3complete an endorsement application as outlined in subsection 
4(d).
5 Notwithstanding any other law, information contained in 
6the endorsement affidavit shall be confidential, is exempt 
7from disclosure under the Freedom of Information Act, and 
8shall not be disclosed, except to law enforcement agencies 
9acting in the performance of their duties. 
10 (e) The provisions of this Section regarding the purchase 
11or possession of assault weapons, assault weapon attachments, 
12.50 caliber rifles, and .50 cartridges, as well as the 
13provisions of this Section that prohibit causing those items 
14to be purchased or possessed, do not apply to:
15  (1) Peace officers, as defined in Section 2-13 of this 
16 Code.
17  (2) Qualified law enforcement officers and qualified 
18 retired law enforcement officers as defined in the Law 
19 Enforcement Officers Safety Act of 2004 (18 U.S.C. 926B 
20 and 926C) and as recognized under Illinois law. 
21  (3) Acquisition and possession by a federal, State, or 
22 local law enforcement agency for the purpose of equipping 
23 the agency's peace officers as defined in paragraph (1) or 
24 (2) of this subsection (e). 
25  (4) Wardens, superintendents, and keepers of prisons, 
26 penitentiaries, jails, and other institutions for the 
 
 
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1 detention of persons accused or convicted of an offense.
2  (5) Members of the Armed Services or Reserve Forces of 
3 the United States or the Illinois National Guard, while 
4 performing their official duties or while traveling to or 
5 from their places of duty.
6  (6) Any company that employs armed security officers 
7 in this State at a nuclear energy, storage, weapons, or 
8 development site or facility regulated by the federal 
9 Nuclear Regulatory Commission and any person employed as 
10 an armed security force member at a nuclear energy, 
11 storage, weapons, or development site or facility 
12 regulated by the federal Nuclear Regulatory Commission who 
13 has completed the background screening and training 
14 mandated by the rules and regulations of the federal 
15 Nuclear Regulatory Commission and while performing 
16 official duties. 
17  (7) Any private security contractor agency licensed 
18 under the Private Detective, Private Alarm, Private 
19 Security, Fingerprint Vendor, and Locksmith Act of 2004 
20 that employs private security contractors and any private 
21 security contractor who is licensed and has been issued a 
22 firearm control card under the Private Detective, Private 
23 Alarm, Private Security, Fingerprint Vendor, and Locksmith 
24 Act of 2004 while performing official duties. 
25 The provisions of this Section do not apply to the 
26manufacture, delivery, sale, import, purchase, or possession 
 
 
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1of an assault weapon, assault weapon attachment, .50 caliber 
2rifle, or .50 caliber cartridge or causing the manufacture, 
3delivery, sale, importation, purchase, or possession of those 
4items:
5  (A) for sale or transfer to persons authorized under 
6 subdivisions (1) through (7) of this subsection (e) to 
7 possess those items;
8  (B) for sale or transfer to the United States or any 
9 department or agency thereof; or
10  (C) for sale or transfer in another state or for 
11 export.
12 This Section does not apply to or affect any of the 
13following: 
14  (i) Possession of any firearm if that firearm is 
15 sanctioned by the International Olympic Committee and by 
16 USA Shooting, the national governing body for 
17 international shooting competition in the United States, 
18 but only when the firearm is in the actual possession of an 
19 Olympic target shooting competitor or target shooting 
20 coach for the purpose of storage, transporting to and from 
21 Olympic target shooting practice or events if the firearm 
22 is broken down in a nonfunctioning state, is not 
23 immediately accessible, or is unloaded and enclosed in a 
24 firearm case, carrying box, shipping box, or other similar 
25 portable container designed for the safe transportation of 
26 firearms, and when the Olympic target shooting competitor 
 
 
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1 or target shooting coach is engaging in those practices or 
2 events. For the purposes of this paragraph (8), "firearm" 
3 has the meaning provided in Section 1.1 of the Firearm 
4 Owners Identification Card Act.
5  (ii) Any nonresident who transports, within 24 hours, 
6 a weapon for any lawful purpose from any place where the 
7 nonresident may lawfully possess and carry that weapon to 
8 any other place where the nonresident may lawfully possess 
9 and carry that weapon if, during the transportation, the 
10 weapon is unloaded, and neither the weapon nor any 
11 ammunition being transported is readily accessible or is 
12 directly accessible from the passenger compartment of the 
13 transporting vehicle. In the case of a vehicle without a 
14 compartment separate from the driver's compartment, the 
15 weapon or ammunition shall be contained in a locked 
16 container other than the glove compartment or console. 
17  (iii) Possession of a weapon at an event taking place 
18 at the World Shooting and Recreational Complex at Sparta, 
19 only while engaged in the legal use of the weapon, or while 
20 traveling to or from that location if the weapon is broken 
21 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. 
26  (iv) Possession of a weapon only for hunting use 
 
 
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1 expressly permitted under the Wildlife Code, or while 
2 traveling to or from a location authorized for this 
3 hunting use under the Wildlife Code if the weapon is 
4 broken down in a nonfunctioning state, is not immediately 
5 accessible, or is unloaded and enclosed in a firearm case, 
6 carrying box, shipping box, or other similar portable 
7 container designed for the safe transportation of 
8 firearms. By October 1, 2023, the Illinois State Police, 
9 in consultation with the Department of Natural Resources, 
10 shall adopt rules concerning the list of applicable 
11 weapons approved under this subparagraph (iv). The 
12 Illinois State Police may adopt emergency rules in 
13 accordance with Section 5-45 of the Illinois 
14 Administrative Procedure Act. The adoption of emergency 
15 rules authorized by Section 5-45 of the Illinois 
16 Administrative Procedure Act and this paragraph is deemed 
17 to be necessary for the public interest, safety, and 
18 welfare. 
19  (v) The manufacture, transportation, possession, sale, 
20 or rental of blank-firing assault weapons and .50 caliber 
21 rifles, or the weapon's respective attachments, to persons 
22 authorized or permitted, or both authorized and permitted, 
23 to acquire and possess these weapons or attachments for 
24 the purpose of rental for use solely as props for a motion 
25 picture, television, or video production or entertainment 
26 event. 
 
 
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1 Any person not subject to this Section may submit an 
2endorsement affidavit if the person chooses. 
3 (f) Any sale or transfer with a background check initiated 
4to the Illinois State Police on or before January 10, 2023 (the 
5effective date of Public Act 102-1116) this amendatory Act of 
6the 102nd General Assembly is allowed to be completed after 
7January 10, 2023 the effective date of this amendatory Act 
8once an approval is issued by the Illinois State Police and any 
9applicable waiting period under Section 24-3 has expired.
10 (g) The Illinois State Police shall take all steps 
11necessary to carry out the requirements of this Section within 
12by October 1, 2023. 
13 (h) The Illinois Department of the State Police shall also 
14develop and implement a public notice and public outreach 
15campaign to promote awareness about the provisions of Public 
16Act 102-1116 this amendatory Act of the 102nd General Assembly 
17and to increase compliance with this Section. 
18(Source: P.A. 102-1116, eff. 1-10-23; revised 4-6-23.)

19 (720 ILCS 5/24-1.10)
20 Sec. 24-1.10. Manufacture, delivery, sale, and possession 
21of large capacity ammunition feeding devices.
22 (a) In this Section:
23 "Handgun" has the meaning ascribed to it in Section 13.1 
24of the Firearm Owners Identification Card Act the Firearm 
25Concealed Carry Act.
 
 
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1 "Long gun" means a rifle or shotgun. 
2 "Large capacity ammunition feeding device" means:
3  (1) a magazine, belt, drum, feed strip, or similar 
4 device that has a capacity of, or that can be readily 
5 restored or converted to accept, more than 10 rounds of 
6 ammunition for long guns and more than 15 rounds of 
7 ammunition for handguns; or
8  (2) any combination of parts from which a device 
9 described in paragraph (1) can be assembled.
10 "Large capacity ammunition feeding device" does not 
11include an attached tubular device designed to accept, and 
12capable of operating only with, .22 caliber rimfire 
13ammunition. "Large capacity ammunition feeding device" does 
14not include a tubular magazine that is contained in a 
15lever-action firearm or any device that has been made 
16permanently inoperable.
17 (b) Except as provided in subsections (e) and (f), it is 
18unlawful for any person within this State to knowingly 
19manufacture, deliver, sell, purchase, or cause to be 
20manufactured, delivered, sold, or purchased a large capacity 
21ammunition feeding device.
22 (c) Except as provided in subsections (d), (e), and (f), 
23and beginning 90 days after January 10, 2023 (the effective 
24date of Public Act 102-1116) this amendatory Act of the 102nd 
25General Assembly, it is unlawful to knowingly possess a large 
26capacity ammunition feeding device. 
 
 
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1 (d) Subsection (c) does not apply to a person's possession 
2of a large capacity ammunition feeding device if the person 
3lawfully possessed that large capacity ammunition feeding 
4device before January 10, 2023 (the effective date of Public 
5Act 102-1116) this amendatory Act of the 102nd General 
6Assembly, provided that the person shall possess such device 
7only: 
8  (1) on private property owned or immediately 
9 controlled by the person;
10  (2) on private property that is not open to the public 
11 with the express permission of the person who owns or 
12 immediately controls such property;
13  (3) while on the premises of a licensed firearms 
14 dealer or gunsmith for the purpose of lawful repair;
15  (4) while engaged in the legal use of the large 
16 capacity ammunition feeding device at a properly licensed 
17 firing range or sport shooting competition venue; or
18  (5) while traveling to or from these locations, 
19 provided that the large capacity ammunition feeding device 
20 is stored unloaded and enclosed in a case, firearm 
21 carrying box, shipping box, or other container. 
22 A person authorized under this Section to possess a large 
23capacity ammunition feeding device may transfer the large 
24capacity ammunition feeding device only to an heir, an 
25individual residing in another state maintaining it in another 
26state, or a dealer licensed as a federal firearms dealer under 
 
 
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1Section 923 of the federal Gun Control Act of 1968. Within 10 
2days after transfer of the large capacity ammunition feeding 
3device except to an heir, the person shall notify the Illinois 
4State Police of the name and address of the transferee and 
5comply with the requirements of subsection (b) of Section 3 of 
6the Firearm Owners Identification Card Act. The person to whom 
7the large capacity ammunition feeding device is transferred 
8shall, within 60 days of the transfer, notify the Illinois 
9State Police of the person's acquisition and comply with the 
10requirements of subsection (b) of Section 3 of the Firearm 
11Owners Identification Card Act. A person to whom the large 
12capacity ammunition feeding device is transferred may transfer 
13it only as provided in this subsection.
14 Except as provided in subsections (e) and (f) and 
15beginning 90 days after January 10, 2023 (the effective date 
16of Public Act 102-1116) this amendatory Act of the 102nd 
17General Assembly, any person who moves into this State in 
18possession of a large capacity ammunition feeding device 
19shall, within 60 days, apply for a Firearm Owners 
20Identification Card.
21 (e) The provisions of this Section regarding the purchase 
22or possession of large capacity ammunition feeding devices, as 
23well as the provisions of this Section that prohibit causing 
24those items to be purchased or possessed, do not apply to:
25  (1) Peace officers as defined in Section 2-13 of this 
26 Code.
 
 
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1  (2) Qualified law enforcement officers and qualified 
2 retired law enforcement officers as defined in the Law 
3 Enforcement Officers Safety Act of 2004 (18 U.S.C. 926B 
4 and 926C) and as recognized under Illinois law. 
5  (3) A federal, State, or local law enforcement agency 
6 for the purpose of equipping the agency's peace officers 
7 as defined in paragraph (1) or (2) of this subsection (e). 
8  (4) Wardens, superintendents, and keepers of prisons, 
9 penitentiaries, jails, and other institutions for the 
10 detention of persons accused or convicted of an offense.
11  (5) Members of the Armed Services or Reserve Forces of 
12 the United States or the Illinois National Guard, while 
13 performing their official duties or while traveling to or 
14 from their places of duty.
15  (6) Any company that employs armed security officers 
16 in this State at a nuclear energy, storage, weapons, or 
17 development site or facility regulated by the federal 
18 Nuclear Regulatory Commission and any person employed as 
19 an armed security force member at a nuclear energy, 
20 storage, weapons, or development site or facility 
21 regulated by the federal Nuclear Regulatory Commission who 
22 has completed the background screening and training 
23 mandated by the rules and regulations of the federal 
24 Nuclear Regulatory Commission and while performing 
25 official duties. 
26  (7) Any private security contractor agency licensed 
 
 
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1 under the Private Detective, Private Alarm, Private 
2 Security, Fingerprint Vendor, and Locksmith Act of 2004 
3 that employs private security contractors and any private 
4 security contractor who is licensed and has been issued a 
5 firearm control card under the Private Detective, Private 
6 Alarm, Private Security, Fingerprint Vendor, and Locksmith 
7 Act of 2004 while performing official duties. 
8 (f) This Section does not apply to or affect any of the 
9following: 
10  (1) Manufacture, delivery, sale, importation, 
11 purchase, or possession or causing to be manufactured, 
12 delivered, sold, imported, purchased, or possessed a large 
13 capacity ammunition feeding device:
14   (A) for sale or transfer to persons authorized 
15 under subdivisions (1) through (7) of subsection (e) 
16 to possess those items;
17   (B) for sale or transfer to the United States or 
18 any department or agency thereof; or
19   (C) for sale or transfer in another state or for 
20 export.
21  (2) Sale or rental of large capacity ammunition 
22 feeding devices for blank-firing assault weapons and .50 
23 caliber rifles, to persons authorized or permitted, or 
24 both authorized and permitted, to acquire these devices 
25 for the purpose of rental for use solely as props for a 
26 motion picture, television, or video production or 
 
 
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1 entertainment event. 
2 (g) Sentence. A person who knowingly manufactures, 
3delivers, sells, purchases, possesses, or causes to be 
4manufactured, delivered, sold, possessed, or purchased in 
5violation of this Section a large capacity ammunition feeding 
6device capable of holding more than 10 rounds of ammunition 
7for long guns or more than 15 rounds of ammunition for handguns 
8commits a petty offense with a fine of $1,000 for each 
9violation.
10 (h) The Illinois Department of the State Police shall also 
11develop and implement a public notice and public outreach 
12campaign to promote awareness about the provisions of Public 
13Act 102-1116 this amendatory Act of the 102nd General Assembly 
14and to increase compliance with this Section. 
15(Source: P.A. 102-1116, eff. 1-10-23; revised 4-6-23.)

16 (720 ILCS 5/24-2)
17 Sec. 24-2. Exemptions. 
18 (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and 
1924-1(a)(13) and Section 24-1.6 do not apply to or affect any of 
20the following:
21  (1) Peace officers, and any person summoned by a peace 
22 officer to assist in making arrests or preserving the 
23 peace, while actually engaged in assisting such officer.
24  (2) Wardens, superintendents and keepers of prisons, 
25 penitentiaries, jails and other institutions for the 
 
 
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1 detention of persons accused or convicted of an offense, 
2 while in the performance of their official duty, or while 
3 commuting between their homes and places of employment.
4  (3) Members of the Armed Services or Reserve Forces of 
5 the United States or the Illinois National Guard or the 
6 Reserve Officers Training Corps, while in the performance 
7 of their official duty.
8  (4) Special agents employed by a railroad or a public 
9 utility to perform police functions, and guards of armored 
10 car companies, while actually engaged in the performance 
11 of the duties of their employment or commuting between 
12 their homes and places of employment; and watchmen while 
13 actually engaged in the performance of the duties of their 
14 employment.
15  (5) Persons licensed as private security contractors, 
16 private detectives, or private alarm contractors, or 
17 employed by a private security contractor, private 
18 detective, or private alarm contractor agency licensed by 
19 the Department of Financial and Professional Regulation, 
20 if their duties include the carrying of a weapon under the 
21 provisions of the Private Detective, Private Alarm, 
22 Private Security, Fingerprint Vendor, and Locksmith Act of 
23 2004, while actually engaged in the performance of the 
24 duties of their employment or commuting between their 
25 homes and places of employment. A person shall be 
26 considered eligible for this exemption if he or she has 
 
 
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1 completed the required 20 hours of training for a private 
2 security contractor, private detective, or private alarm 
3 contractor, or employee of a licensed private security 
4 contractor, private detective, or private alarm contractor 
5 agency and 28 hours of required firearm training, and has 
6 been issued a firearm control card by the Department of 
7 Financial and Professional Regulation. Conditions for the 
8 renewal of firearm control cards issued under the 
9 provisions of this Section shall be the same as for those 
10 cards issued under the provisions of the Private 
11 Detective, Private Alarm, Private Security, Fingerprint 
12 Vendor, and Locksmith Act of 2004. The firearm control 
13 card shall be carried by the private security contractor, 
14 private detective, or private alarm contractor, or 
15 employee of the licensed private security contractor, 
16 private detective, or private alarm contractor agency at 
17 all times when he or she is in possession of a concealable 
18 weapon permitted by his or her firearm control card.
19  (6) Any person regularly employed in a commercial or 
20 industrial operation as a security guard for the 
21 protection of persons employed and private property 
22 related to such commercial or industrial operation, while 
23 actually engaged in the performance of his or her duty or 
24 traveling between sites or properties belonging to the 
25 employer, and who, as a security guard, is a member of a 
26 security force registered with the Department of Financial 
 
 
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1 and Professional Regulation; provided that such security 
2 guard has successfully completed a course of study, 
3 approved by and supervised by the Department of Financial 
4 and Professional Regulation, consisting of not less than 
5 48 hours of training that includes the theory of law 
6 enforcement, liability for acts, and the handling of 
7 weapons. A person shall be considered eligible for this 
8 exemption if he or she has completed the required 20 hours 
9 of training for a security officer and 28 hours of 
10 required firearm training, and has been issued a firearm 
11 control card by the Department of Financial and 
12 Professional Regulation. Conditions for the renewal of 
13 firearm control cards issued under the provisions of this 
14 Section shall be the same as for those cards issued under 
15 the provisions of the Private Detective, Private Alarm, 
16 Private Security, Fingerprint Vendor, and Locksmith Act of 
17 2004. The firearm control card shall be carried by the 
18 security guard at all times when he or she is in possession 
19 of a concealable weapon permitted by his or her firearm 
20 control card.
21  (7) Agents and investigators of the Illinois 
22 Legislative Investigating Commission authorized by the 
23 Commission to carry the weapons specified in subsections 
24 24-1(a)(3) and 24-1(a)(4), while on duty in the course of 
25 any investigation for the Commission.
26  (8) Persons employed by a financial institution as a 
 
 
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1 security guard for the protection of other employees and 
2 property related to such financial institution, while 
3 actually engaged in the performance of their duties, 
4 commuting between their homes and places of employment, or 
5 traveling between sites or properties owned or operated by 
6 such financial institution, and who, as a security guard, 
7 is a member of a security force registered with the 
8 Department; provided that any person so employed has 
9 successfully completed a course of study, approved by and 
10 supervised by the Department of Financial and Professional 
11 Regulation, consisting of not less than 48 hours of 
12 training which includes theory of law enforcement, 
13 liability for acts, and the handling of weapons. A person 
14 shall be considered to be eligible for this exemption if 
15 he or she has completed the required 20 hours of training 
16 for a security officer and 28 hours of required firearm 
17 training, and has been issued a firearm control card by 
18 the Department of Financial and Professional Regulation. 
19 Conditions for renewal of firearm control cards issued 
20 under the provisions of this Section shall be the same as 
21 for those issued under the provisions of the Private 
22 Detective, Private Alarm, Private Security, Fingerprint 
23 Vendor, and Locksmith Act of 2004. The firearm control 
24 card shall be carried by the security guard at all times 
25 when he or she is in possession of a concealable weapon 
26 permitted by his or her firearm control card. For purposes 
 
 
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1 of this subsection, "financial institution" means a bank, 
2 savings and loan association, credit union or company 
3 providing armored car services.
4  (9) Any person employed by an armored car company to 
5 drive an armored car, while actually engaged in the 
6 performance of his duties.
7  (10) Persons who have been classified as peace 
8 officers pursuant to the Peace Officer Fire Investigation 
9 Act.
10  (11) Investigators of the Office of the State's 
11 Attorneys Appellate Prosecutor authorized by the board of 
12 governors of the Office of the State's Attorneys Appellate 
13 Prosecutor to carry weapons pursuant to Section 7.06 of 
14 the State's Attorneys Appellate Prosecutor's Act.
15  (12) Special investigators appointed by a State's 
16 Attorney under Section 3-9005 of the Counties Code.
17  (12.5) Probation officers while in the performance of 
18 their duties, or while commuting between their homes, 
19 places of employment or specific locations that are part 
20 of their assigned duties, with the consent of the chief 
21 judge of the circuit for which they are employed, if they 
22 have received weapons training according to requirements 
23 of the Peace Officer and Probation Officer Firearm 
24 Training Act.
25  (13) Court Security Officers while in the performance 
26 of their official duties, or while commuting between their 
 
 
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1 homes and places of employment, with the consent of the 
2 Sheriff.
3  (13.5) A person employed as an armed security guard at 
4 a nuclear energy, storage, weapons or development site or 
5 facility regulated by the Nuclear Regulatory Commission 
6 who has completed the background screening and training 
7 mandated by the rules and regulations of the Nuclear 
8 Regulatory Commission.
9  (14) Manufacture, transportation, or sale of weapons 
10 to persons authorized under subdivisions (1) through 
11 (13.5) of this subsection to possess those weapons.
12 (a-5) Subsections 24-1(a)(4) and 24-1(a)(10) and Section 
1324-1.6 do not apply to or affect any person carrying a 
14concealed pistol, revolver, or handgun and the person has been 
15issued a currently valid Firearm Owner's Identification Card 
16under the Firearm Owners Identification Card license under the 
17Firearm Concealed Carry Act at the time of the commission of 
18the offense.
19 (a-6) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply 
20to or affect a qualified current or retired law enforcement 
21officer or a current or retired deputy, county correctional 
22officer, or correctional officer of the Department of 
23Corrections qualified under the laws of this State or under 
24the federal Law Enforcement Officers Safety Act. 
25 (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section 
2624-1.6 do not apply to or affect any of the following:
 
 
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1  (1) Members of any club or organization organized for 
2 the purpose of practicing shooting at targets upon 
3 established target ranges, whether public or private, and 
4 patrons of such ranges, while such members or patrons are 
5 using their firearms on those target ranges.
6  (2) Duly authorized military or civil organizations 
7 while parading, with the special permission of the 
8 Governor.
9  (3) Hunters, trappers, or fishermen while engaged in 
10 lawful hunting, trapping, or fishing under the provisions 
11 of the Wildlife Code or the Fish and Aquatic Life Code.
12  (4) Transportation of weapons that are broken down in 
13 a non-functioning state or are not immediately accessible.
14  (5) Carrying or possessing any pistol, revolver, stun 
15 gun or taser or other firearm on the land or in the legal 
16 dwelling of another person as an invitee with that 
17 person's permission. 
18 (c) Subsection 24-1(a)(7) does not apply to or affect any 
19of the following:
20  (1) Peace officers while in performance of their 
21 official duties.
22  (2) Wardens, superintendents and keepers of prisons, 
23 penitentiaries, jails and other institutions for the 
24 detention of persons accused or convicted of an offense.
25  (3) Members of the Armed Services or Reserve Forces of 
26 the United States or the Illinois National Guard, while in 
 
 
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1 the performance of their official duty.
2  (4) Manufacture, transportation, or sale of machine 
3 guns to persons authorized under subdivisions (1) through 
4 (3) of this subsection to possess machine guns, if the 
5 machine guns are broken down in a non-functioning state or 
6 are not immediately accessible.
7  (5) Persons licensed under federal law to manufacture 
8 any weapon from which 8 or more shots or bullets can be 
9 discharged by a single function of the firing device, or 
10 ammunition for such weapons, and actually engaged in the 
11 business of manufacturing such weapons or ammunition, but 
12 only with respect to activities which are within the 
13 lawful scope of such business, such as the manufacture, 
14 transportation, or testing of such weapons or ammunition. 
15 This exemption does not authorize the general private 
16 possession of any weapon from which 8 or more shots or 
17 bullets can be discharged by a single function of the 
18 firing device, but only such possession and activities as 
19 are within the lawful scope of a licensed manufacturing 
20 business described in this paragraph.
21  During transportation, such weapons shall be broken 
22 down in a non-functioning state or not immediately 
23 accessible.
24  (6) The manufacture, transport, testing, delivery, 
25 transfer or sale, and all lawful commercial or 
26 experimental activities necessary thereto, of rifles, 
 
 
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1 shotguns, and weapons made from rifles or shotguns, or 
2 ammunition for such rifles, shotguns or weapons, where 
3 engaged in by a person operating as a contractor or 
4 subcontractor pursuant to a contract or subcontract for 
5 the development and supply of such rifles, shotguns, 
6 weapons or ammunition to the United States government or 
7 any branch of the Armed Forces of the United States, when 
8 such activities are necessary and incident to fulfilling 
9 the terms of such contract.
10  The exemption granted under this subdivision (c)(6) 
11 shall also apply to any authorized agent of any such 
12 contractor or subcontractor who is operating within the 
13 scope of his employment, where such activities involving 
14 such weapon, weapons or ammunition are necessary and 
15 incident to fulfilling the terms of such contract.
16  (7) A person possessing a rifle with a barrel or 
17 barrels less than 16 inches in length if: (A) the person 
18 has been issued a Curios and Relics license from the U.S. 
19 Bureau of Alcohol, Tobacco, Firearms and Explosives; or 
20 (B) the person is an active member of a bona fide, 
21 nationally recognized military re-enacting group and the 
22 modification is required and necessary to accurately 
23 portray the weapon for historical re-enactment purposes; 
24 the re-enactor is in possession of a valid and current 
25 re-enacting group membership credential; and the overall 
26 length of the weapon as modified is not less than 26 
 
 
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1 inches.
2 (d) Subsection 24-1(a)(1) does not apply to the purchase, 
3possession or carrying of a black-jack or slung-shot by a 
4peace officer.
5 (e) Subsection 24-1(a)(8) does not apply to any owner, 
6manager or authorized employee of any place specified in that 
7subsection nor to any law enforcement officer.
8 (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and 
9Section 24-1.6 do not apply to members of any club or 
10organization organized for the purpose of practicing shooting 
11at targets upon established target ranges, whether public or 
12private, while using their firearms on those target ranges.
13 (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply 
14to:
15  (1) Members of the Armed Services or Reserve Forces of 
16 the United States or the Illinois National Guard, while in 
17 the performance of their official duty.
18  (2) Bonafide collectors of antique or surplus military 
19 ordnance.
20  (3) Laboratories having a department of forensic 
21 ballistics, or specializing in the development of 
22 ammunition or explosive ordnance.
23  (4) Commerce, preparation, assembly or possession of 
24 explosive bullets by manufacturers of ammunition licensed 
25 by the federal government, in connection with the supply 
26 of those organizations and persons exempted by subdivision 
 
 
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1 (g)(1) of this Section, or like organizations and persons 
2 outside this State, or the transportation of explosive 
3 bullets to any organization or person exempted in this 
4 Section by a common carrier or by a vehicle owned or leased 
5 by an exempted manufacturer.
6 (g-5) Subsection 24-1(a)(6) does not apply to or affect 
7persons licensed under federal law to manufacture any device 
8or attachment of any kind designed, used, or intended for use 
9in silencing the report of any firearm, firearms, or 
10ammunition for those firearms equipped with those devices, and 
11actually engaged in the business of manufacturing those 
12devices, firearms, or ammunition, but only with respect to 
13activities that are within the lawful scope of that business, 
14such as the manufacture, transportation, or testing of those 
15devices, firearms, or ammunition. This exemption does not 
16authorize the general private possession of any device or 
17attachment of any kind designed, used, or intended for use in 
18silencing the report of any firearm, but only such possession 
19and activities as are within the lawful scope of a licensed 
20manufacturing business described in this subsection (g-5). 
21During transportation, these devices shall be detached from 
22any weapon or not immediately accessible.
23 (g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section 
2424-1.6 do not apply to or affect any parole agent or parole 
25supervisor who meets the qualifications and conditions 
26prescribed in Section 3-14-1.5 of the Unified Code of 
 
 
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1Corrections. 
2 (g-7) Subsection 24-1(a)(6) does not apply to a peace 
3officer while serving as a member of a tactical response team 
4or special operations team. A peace officer may not personally 
5own or apply for ownership of a device or attachment of any 
6kind designed, used, or intended for use in silencing the 
7report of any firearm. These devices shall be owned and 
8maintained by lawfully recognized units of government whose 
9duties include the investigation of criminal acts.
10 (g-10) (Blank). 
11 (h) An information or indictment based upon a violation of 
12any subsection of this Article need not negative any 
13exemptions contained in this Article. The defendant shall have 
14the burden of proving such an exemption.
15 (i) Nothing in this Article shall prohibit, apply to, or 
16affect the transportation, carrying, or possession, of any 
17pistol or revolver, stun gun, taser, or other firearm 
18consigned to a common carrier operating under license of the 
19State of Illinois or the federal government, where such 
20transportation, carrying, or possession is incident to the 
21lawful transportation in which such common carrier is engaged; 
22and nothing in this Article shall prohibit, apply to, or 
23affect the transportation, carrying, or possession of any 
24pistol, revolver, stun gun, taser, or other firearm, not the 
25subject of and regulated by subsection 24-1(a)(7) or 
26subsection 24-2(c) of this Article, which is unloaded and 
 
 
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1enclosed in a case, firearm carrying box, shipping box, or 
2other container, by the possessor of a valid Firearm Owners 
3Identification Card.
4(Source: P.A. 102-152, eff. 1-1-22; 102-779, eff. 1-1-23; 
5102-837, eff. 5-13-22; 103-154, eff. 6-30-23.)

6 (720 ILCS 5/24-3) (from Ch. 38, par. 24-3)
7 Sec. 24-3. Unlawful sale or delivery of firearms. 
8 (A) A person commits the offense of unlawful sale or 
9delivery of firearms when he or she knowingly does any of the 
10following:
11  (a) Sells or gives any firearm of a size which may be 
12 concealed upon the person to any person under 18 years of 
13 age.
14  (b) Sells or gives any firearm to a person under 21 
15 years of age who has been convicted of a misdemeanor other 
16 than a traffic offense or adjudged delinquent.
17  (c) Sells or gives any firearm to any narcotic addict.
18  (d) Sells or gives any firearm to any person who has 
19 been convicted of a felony under the laws of this or any 
20 other jurisdiction.
21  (e) Sells or gives any firearm to any person who has 
22 been a patient in a mental institution within the past 5 
23 years. In this subsection (e):
24   "Mental institution" means any hospital, 
25 institution, clinic, evaluation facility, mental 
 
 
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1 health center, or part thereof, which is used 
2 primarily for the care or treatment of persons with 
3 mental illness. 
4   "Patient in a mental institution" means the person 
5 was admitted, either voluntarily or involuntarily, to 
6 a mental institution for mental health treatment, 
7 unless the treatment was voluntary and solely for an 
8 alcohol abuse disorder and no other secondary 
9 substance abuse disorder or mental illness.
10  (f) Sells or gives any firearms to any person who is a 
11 person with an intellectual disability.
12  (g) Delivers any firearm, incidental to a sale, 
13 without withholding delivery of the firearm for at least 
14 72 hours after application for its purchase has been made, 
15 or delivers a stun gun or taser, incidental to a sale, 
16 without withholding delivery of the stun gun or taser for 
17 at least 24 hours after application for its purchase has 
18 been made. However, this paragraph (g) does not apply to: 
19 (1) the sale of a firearm to a law enforcement officer if 
20 the seller of the firearm knows that the person to whom he 
21 or she is selling the firearm is a law enforcement officer 
22 or the sale of a firearm to a person who desires to 
23 purchase a firearm for use in promoting the public 
24 interest incident to his or her employment as a bank 
25 guard, armed truck guard, or other similar employment; (2) 
26 a mail order sale of a firearm from a federally licensed 
 
 
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1 firearms dealer to a nonresident of Illinois under which 
2 the firearm is mailed to a federally licensed firearms 
3 dealer outside the boundaries of Illinois; (3) (blank); 
4 (4) the sale of a firearm to a dealer licensed as a federal 
5 firearms dealer under Section 923 of the federal Gun 
6 Control Act of 1968 (18 U.S.C. 923); or (5) the transfer or 
7 sale of any rifle, shotgun, or other long gun to a resident 
8 registered competitor or attendee or non-resident 
9 registered competitor or attendee by any dealer licensed 
10 as a federal firearms dealer under Section 923 of the 
11 federal Gun Control Act of 1968 at competitive shooting 
12 events held at the World Shooting Complex sanctioned by a 
13 national governing body. For purposes of transfers or 
14 sales under subparagraph (5) of this paragraph (g), the 
15 Department of Natural Resources shall give notice to the 
16 Illinois State Police at least 30 calendar days prior to 
17 any competitive shooting events at the World Shooting 
18 Complex sanctioned by a national governing body. The 
19 notification shall be made on a form prescribed by the 
20 Illinois State Police. The sanctioning body shall provide 
21 a list of all registered competitors and attendees at 
22 least 24 hours before the events to the Illinois State 
23 Police. Any changes to the list of registered competitors 
24 and attendees shall be forwarded to the Illinois State 
25 Police as soon as practicable. The Illinois State Police 
26 must destroy the list of registered competitors and 
 
 
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1 attendees no later than 30 days after the date of the 
2 event. Nothing in this paragraph (g) relieves a federally 
3 licensed firearm dealer from the requirements of 
4 conducting a NICS background check through the Illinois 
5 Point of Contact under 18 U.S.C. 922(t). For purposes of 
6 this paragraph (g), "application" means when the buyer and 
7 seller reach an agreement to purchase a firearm. For 
8 purposes of this paragraph (g), "national governing body" 
9 means a group of persons who adopt rules and formulate 
10 policy on behalf of a national firearm sporting 
11 organization. 
12  (h) While holding any license as a dealer, importer, 
13 manufacturer or pawnbroker under the federal Gun Control 
14 Act of 1968, manufactures, sells or delivers to any 
15 unlicensed person a handgun having a barrel, slide, frame 
16 or receiver which is a die casting of zinc alloy or any 
17 other nonhomogeneous metal which will melt or deform at a 
18 temperature of less than 800 degrees Fahrenheit. For 
19 purposes of this paragraph, (1) "firearm" is defined as in 
20 the Firearm Owners Identification Card Act; and (2) 
21 "handgun" is defined as a firearm designed to be held and 
22 fired by the use of a single hand, and includes a 
23 combination of parts from which such a firearm can be 
24 assembled.
25  (i) Sells or gives a firearm of any size to any person 
26 under 18 years of age who does not possess a valid Firearm 
 
 
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1 Owner's Identification Card.
2  (j) Sells or gives a firearm while engaged in the 
3 business of selling firearms at wholesale or retail 
4 without being licensed as a federal firearms dealer under 
5 Section 923 of the federal Gun Control Act of 1968 (18 
6 U.S.C. 923). In this paragraph (j):
7  A person "engaged in the business" means a person who 
8 devotes time, attention, and labor to engaging in the 
9 activity as a regular course of trade or business with the 
10 principal objective of livelihood and profit, but does not 
11 include a person who makes occasional repairs of firearms 
12 or who occasionally fits special barrels, stocks, or 
13 trigger mechanisms to firearms.
14  "With the principal objective of livelihood and 
15 profit" means that the intent underlying the sale or 
16 disposition of firearms is predominantly one of obtaining 
17 livelihood and pecuniary gain, as opposed to other 
18 intents, such as improving or liquidating a personal 
19 firearms collection; however, proof of profit shall not be 
20 required as to a person who engages in the regular and 
21 repetitive purchase and disposition of firearms for 
22 criminal purposes or terrorism.
23  (k) Sells or transfers ownership of a firearm to a 
24 person who does not display to the seller or transferor of 
25 the firearm either: (1) a currently valid Firearm Owner's 
26 Identification Card that has previously been issued in the 
 
 
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1 transferee's name by the Illinois State Police under the 
2 provisions of the Firearm Owners Identification Card Act; 
3 or (2) a currently valid license to carry a concealed 
4 firearm that has previously been issued in the 
5 transferee's name by the Illinois State Police under the 
6 Firearm Concealed Carry Act. This paragraph (k) does not 
7 apply to the transfer of a firearm to a person who is 
8 exempt from the requirement of possessing a Firearm 
9 Owner's Identification Card under Section 2 of the Firearm 
10 Owners Identification Card Act. For the purposes of this 
11 Section, a currently valid Firearm Owner's Identification 
12 Card or license to carry a concealed firearm means receipt 
13 of an approval number issued in accordance with subsection 
14 (a-10) of Section 3 or Section 3.1 of the Firearm Owners 
15 Identification Card Act.
16   (1) In addition to the other requirements of this 
17 paragraph (k), all persons who are not federally 
18 licensed firearms dealers must also have complied with 
19 subsection (a-10) of Section 3 of the Firearm Owners 
20 Identification Card Act by determining the validity of 
21 a purchaser's Firearm Owner's Identification Card.
22   (2) All sellers or transferors who have complied 
23 with the requirements of subparagraph (1) of this 
24 paragraph (k) shall not be liable for damages in any 
25 civil action arising from the use or misuse by the 
26 transferee of the firearm transferred, except for 
 
 
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1 willful or wanton misconduct on the part of the seller 
2 or transferor. 
3  (l) Not being entitled to the possession of a firearm, 
4 delivers the firearm, knowing it to have been stolen or 
5 converted. It may be inferred that a person who possesses 
6 a firearm with knowledge that its serial number has been 
7 removed or altered has knowledge that the firearm is 
8 stolen or converted. 
9 (B) Paragraph (h) of subsection (A) does not include 
10firearms sold within 6 months after enactment of Public Act 
1178-355 (approved August 21, 1973, effective October 1, 1973), 
12nor is any firearm legally owned or possessed by any citizen or 
13purchased by any citizen within 6 months after the enactment 
14of Public Act 78-355 subject to confiscation or seizure under 
15the provisions of that Public Act. Nothing in Public Act 
1678-355 shall be construed to prohibit the gift or trade of any 
17firearm if that firearm was legally held or acquired within 6 
18months after the enactment of that Public Act.
19 (C) Sentence.
20  (1) Any person convicted of unlawful sale or delivery 
21 of firearms in violation of paragraph (c), (e), (f), (g), 
22 or (h) of subsection (A) commits a Class 4 felony.
23  (2) Any person convicted of unlawful sale or delivery 
24 of firearms in violation of paragraph (b) or (i) of 
25 subsection (A) commits a Class 3 felony.
26  (3) Any person convicted of unlawful sale or delivery 
 
 
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1 of firearms in violation of paragraph (a) of subsection 
2 (A) commits a Class 2 felony.
3  (4) Any person convicted of unlawful sale or delivery 
4 of firearms in violation of paragraph (a), (b), or (i) of 
5 subsection (A) in any school, on the real property 
6 comprising a school, within 1,000 feet of the real 
7 property comprising a school, at a school related 
8 activity, or on or within 1,000 feet of any conveyance 
9 owned, leased, or contracted by a school or school 
10 district to transport students to or from school or a 
11 school related activity, regardless of the time of day or 
12 time of year at which the offense was committed, commits a 
13 Class 1 felony. Any person convicted of a second or 
14 subsequent violation of unlawful sale or delivery of 
15 firearms in violation of paragraph (a), (b), or (i) of 
16 subsection (A) in any school, on the real property 
17 comprising a school, within 1,000 feet of the real 
18 property comprising a school, at a school related 
19 activity, or on or within 1,000 feet of any conveyance 
20 owned, leased, or contracted by a school or school 
21 district to transport students to or from school or a 
22 school related activity, regardless of the time of day or 
23 time of year at which the offense was committed, commits a 
24 Class 1 felony for which the sentence shall be a term of 
25 imprisonment of no less than 5 years and no more than 15 
26 years.
 
 
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1  (5) Any person convicted of unlawful sale or delivery 
2 of firearms in violation of paragraph (a) or (i) of 
3 subsection (A) in residential property owned, operated, or 
4 managed by a public housing agency or leased by a public 
5 housing agency as part of a scattered site or mixed-income 
6 development, in a public park, in a courthouse, on 
7 residential property owned, operated, or managed by a 
8 public housing agency or leased by a public housing agency 
9 as part of a scattered site or mixed-income development, 
10 on the real property comprising any public park, on the 
11 real property comprising any courthouse, or on any public 
12 way within 1,000 feet of the real property comprising any 
13 public park, courthouse, or residential property owned, 
14 operated, or managed by a public housing agency or leased 
15 by a public housing agency as part of a scattered site or 
16 mixed-income development commits a Class 2 felony.
17  (6) Any person convicted of unlawful sale or delivery 
18 of firearms in violation of paragraph (j) of subsection 
19 (A) commits a Class A misdemeanor. A second or subsequent 
20 violation is a Class 4 felony.
21  (7) Any person convicted of unlawful sale or delivery 
22 of firearms in violation of paragraph (k) of subsection 
23 (A) commits a Class 4 felony, except that a violation of 
24 subparagraph (1) of paragraph (k) of subsection (A) shall 
25 not be punishable as a crime or petty offense. A third or 
26 subsequent conviction for a violation of paragraph (k) of 
 
 
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1 subsection (A) is a Class 1 felony. 
2  (8) A person 18 years of age or older convicted of 
3 unlawful sale or delivery of firearms in violation of 
4 paragraph (a) or (i) of subsection (A), when the firearm 
5 that was sold or given to another person under 18 years of 
6 age was used in the commission of or attempt to commit a 
7 forcible felony, shall be fined or imprisoned, or both, 
8 not to exceed the maximum provided for the most serious 
9 forcible felony so committed or attempted by the person 
10 under 18 years of age who was sold or given the firearm. 
11  (9) Any person convicted of unlawful sale or delivery 
12 of firearms in violation of paragraph (d) of subsection 
13 (A) commits a Class 3 felony.
14  (10) Any person convicted of unlawful sale or delivery 
15 of firearms in violation of paragraph (l) of subsection 
16 (A) commits a Class 2 felony if the delivery is of one 
17 firearm. Any person convicted of unlawful sale or delivery 
18 of firearms in violation of paragraph (l) of subsection 
19 (A) commits a Class 1 felony if the delivery is of not less 
20 than 2 and not more than 5 firearms at the same time or 
21 within a one-year period. Any person convicted of unlawful 
22 sale or delivery of firearms in violation of paragraph (l) 
23 of subsection (A) commits a Class X felony for which he or 
24 she shall be sentenced to a term of imprisonment of not 
25 less than 6 years and not more than 30 years if the 
26 delivery is of not less than 6 and not more than 10 
 
 
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1 firearms at the same time or within a 2-year period. Any 
2 person convicted of unlawful sale or delivery of firearms 
3 in violation of paragraph (l) of subsection (A) commits a 
4 Class X felony for which he or she shall be sentenced to a 
5 term of imprisonment of not less than 6 years and not more 
6 than 40 years if the delivery is of not less than 11 and 
7 not more than 20 firearms at the same time or within a 
8 3-year period. Any person convicted of unlawful sale or 
9 delivery of firearms in violation of paragraph (l) of 
10 subsection (A) commits a Class X felony for which he or she 
11 shall be sentenced to a term of imprisonment of not less 
12 than 6 years and not more than 50 years if the delivery is 
13 of not less than 21 and not more than 30 firearms at the 
14 same time or within a 4-year period. Any person convicted 
15 of unlawful sale or delivery of firearms in violation of 
16 paragraph (l) of subsection (A) commits a Class X felony 
17 for which he or she shall be sentenced to a term of 
18 imprisonment of not less than 6 years and not more than 60 
19 years if the delivery is of 31 or more firearms at the same 
20 time or within a 5-year period. 
21 (D) For purposes of this Section:
22 "School" means a public or private elementary or secondary 
23school, community college, college, or university.
24 "School related activity" means any sporting, social, 
25academic, or other activity for which students' attendance or 
26participation is sponsored, organized, or funded in whole or 
 
 
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1in part by a school or school district.
2 (E) A prosecution for a violation of paragraph (k) of 
3subsection (A) of this Section may be commenced within 6 years 
4after the commission of the offense. A prosecution for a 
5violation of this Section other than paragraph (g) of 
6subsection (A) of this Section may be commenced within 5 years 
7after the commission of the offense defined in the particular 
8paragraph. 
9(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; 
10102-813, eff. 5-13-22.)

11 Section 85. The Unified Code of Corrections is amended by 
12changing Section 5-6-1 as follows:

13 (730 ILCS 5/5-6-1) (from Ch. 38, par. 1005-6-1)
14 Sec. 5-6-1. Sentences of probation and of conditional 
15discharge and disposition of supervision.  The General 
16Assembly finds that in order to protect the public, the 
17criminal justice system must compel compliance with the 
18conditions of probation by responding to violations with 
19swift, certain and fair punishments and intermediate 
20sanctions. The Chief Judge of each circuit shall adopt a 
21system of structured, intermediate sanctions for violations of 
22the terms and conditions of a sentence of probation, 
23conditional discharge or disposition of supervision.
24 (a) Except where specifically prohibited by other 
 
 
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1provisions of this Code, the court shall impose a sentence of 
2probation or conditional discharge upon an offender unless, 
3having regard to the nature and circumstance of the offense, 
4and to the history, character and condition of the offender, 
5the court is of the opinion that:
6  (1) his imprisonment or periodic imprisonment is 
7 necessary for the protection of the public; or
8  (2) probation or conditional discharge would deprecate 
9 the seriousness of the offender's conduct and would be 
10 inconsistent with the ends of justice; or
11  (3) a combination of imprisonment with concurrent or 
12 consecutive probation when an offender has been admitted 
13 into a drug court program under Section 20 of the Drug 
14 Court Treatment Act is necessary for the protection of the 
15 public and for the rehabilitation of the offender. 
16 The court shall impose as a condition of a sentence of 
17probation, conditional discharge, or supervision, that the 
18probation agency may invoke any sanction from the list of 
19intermediate sanctions adopted by the chief judge of the 
20circuit court for violations of the terms and conditions of 
21the sentence of probation, conditional discharge, or 
22supervision, subject to the provisions of Section 5-6-4 of 
23this Act.
24 (b) The court may impose a sentence of conditional 
25discharge for an offense if the court is of the opinion that 
26neither a sentence of imprisonment nor of periodic 
 
 
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1imprisonment nor of probation supervision is appropriate.
2 (b-1) Subsections (a) and (b) of this Section do not apply 
3to a defendant charged with a misdemeanor or felony under the 
4Illinois Vehicle Code or reckless homicide under Section 9-3 
5of the Criminal Code of 1961 or the Criminal Code of 2012 if 
6the defendant within the past 12 months has been convicted of 
7or pleaded guilty to a misdemeanor or felony under the 
8Illinois Vehicle Code or reckless homicide under Section 9-3 
9of the Criminal Code of 1961 or the Criminal Code of 2012.
10 (c) The court may, upon a plea of guilty or a stipulation 
11by the defendant of the facts supporting the charge or a 
12finding of guilt, defer further proceedings and the imposition 
13of a sentence, and enter an order for supervision of the 
14defendant, if the defendant is not charged with: (i) a Class A 
15misdemeanor, as defined by the following provisions of the 
16Criminal Code of 1961 or the Criminal Code of 2012: Sections 
1711-9.1; 12-3.2; 11-1.50 or 12-15; 26-5 or 48-1; 31-1; 31-6; 
1831-7; paragraphs (2) and (3) of subsection (a) of Section 
1921-1; paragraph (1) through (5), (8), (10), and (11) of 
20subsection (a) of Section 24-1; (ii) a Class A misdemeanor 
21violation of Section 3.01, 3.03-1, or 4.01 of the Humane Care 
22for Animals Act; or (iii) a felony. If the defendant is not 
23barred from receiving an order for supervision as provided in 
24this subsection, the court may enter an order for supervision 
25after considering the circumstances of the offense, and the 
26history, character and condition of the offender, if the court 
 
 
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1is of the opinion that:
2  (1) the offender is not likely to commit further 
3 crimes;
4  (2) the defendant and the public would be best served 
5 if the defendant were not to receive a criminal record; 
6 and
7  (3) in the best interests of justice an order of 
8 supervision is more appropriate than a sentence otherwise 
9 permitted under this Code.
10 (c-5) Subsections (a), (b), and (c) of this Section do not 
11apply to a defendant charged with a second or subsequent 
12violation of Section 6-303 of the Illinois Vehicle Code 
13committed while his or her driver's license, permit or 
14privileges were revoked because of a violation of Section 9-3 
15of the Criminal Code of 1961 or the Criminal Code of 2012, 
16relating to the offense of reckless homicide, or a similar 
17provision of a law of another state. 
18 (d) The provisions of paragraph (c) shall not apply to a 
19defendant charged with violating Section 11-501 of the 
20Illinois Vehicle Code or a similar provision of a local 
21ordinance when the defendant has previously been:
22  (1) convicted for a violation of Section 11-501 of the 
23 Illinois Vehicle Code or a similar provision of a local 
24 ordinance or any similar law or ordinance of another 
25 state; or
26  (2) assigned supervision for a violation of Section 
 
 
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1 11-501 of the Illinois Vehicle Code or a similar provision 
2 of a local ordinance or any similar law or ordinance of 
3 another state; or
4  (3) pleaded guilty to or stipulated to the facts 
5 supporting a charge or a finding of guilty to a violation 
6 of Section 11-503 of the Illinois Vehicle Code or a 
7 similar provision of a local ordinance or any similar law 
8 or ordinance of another state, and the plea or stipulation 
9 was the result of a plea agreement.
10 The court shall consider the statement of the prosecuting 
11authority with regard to the standards set forth in this 
12Section.
13 (e) The provisions of paragraph (c) shall not apply to a 
14defendant charged with violating Section 16-25 or 16A-3 of the 
15Criminal Code of 1961 or the Criminal Code of 2012 if said 
16defendant has within the last 5 years been:
17  (1) convicted for a violation of Section 16-25 or 
18 16A-3 of the Criminal Code of 1961 or the Criminal Code of 
19 2012; or
20  (2) assigned supervision for a violation of Section 
21 16-25 or 16A-3 of the Criminal Code of 1961 or the Criminal 
22 Code of 2012.
23 The court shall consider the statement of the prosecuting 
24authority with regard to the standards set forth in this 
25Section.
26 (f) The provisions of paragraph (c) shall not apply to a 
 
 
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1defendant charged with: (1) violating Sections 15-111, 15-112, 
215-301, paragraph (b) of Section 6-104, Section 11-605, 
3paragraph (d-5) of Section 11-605.1, Section 11-1002.5, or 
4Section 11-1414 of the Illinois Vehicle Code or a similar 
5provision of a local ordinance; or (2) committing a Class A 
6misdemeanor under subsection (c) of Section 11-907 of the 
7Illinois Vehicle Code or a similar provision of a local 
8ordinance.
9 (g) Except as otherwise provided in paragraph (i) of this 
10Section, the provisions of paragraph (c) shall not apply to a 
11defendant charged with violating Section 3-707, 3-708, 3-710, 
12or 5-401.3 of the Illinois Vehicle Code or a similar provision 
13of a local ordinance if the defendant has within the last 5 
14years been:
15  (1) convicted for a violation of Section 3-707, 3-708, 
16 3-710, or 5-401.3 of the Illinois Vehicle Code or a 
17 similar provision of a local ordinance; or
18  (2) assigned supervision for a violation of Section 
19 3-707, 3-708, 3-710, or 5-401.3 of the Illinois Vehicle 
20 Code or a similar provision of a local ordinance.
21 The court shall consider the statement of the prosecuting 
22authority with regard to the standards set forth in this 
23Section.
24 (h) The provisions of paragraph (c) shall not apply to a 
25defendant under the age of 21 years charged with violating a 
26serious traffic offense as defined in Section 1-187.001 of the 
 
 
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1Illinois Vehicle Code:
2  (1) unless the defendant, upon payment of the fines, 
3 penalties, and costs provided by law, agrees to attend and 
4 successfully complete a traffic safety program approved by 
5 the court under standards set by the Conference of Chief 
6 Circuit Judges. The accused shall be responsible for 
7 payment of any traffic safety program fees. If the accused 
8 fails to file a certificate of successful completion on or 
9 before the termination date of the supervision order, the 
10 supervision shall be summarily revoked and conviction 
11 entered. The provisions of Supreme Court Rule 402 relating 
12 to pleas of guilty do not apply in cases when a defendant 
13 enters a guilty plea under this provision; or
14  (2) if the defendant has previously been sentenced 
15 under the provisions of paragraph (c) on or after January 
16 1, 1998 for any serious traffic offense as defined in 
17 Section 1-187.001 of the Illinois Vehicle Code.
18 (h-1) The provisions of paragraph (c) shall not apply to a 
19defendant under the age of 21 years charged with an offense 
20against traffic regulations governing the movement of vehicles 
21or any violation of Section 6-107 or Section 12-603.1 of the 
22Illinois Vehicle Code, unless the defendant, upon payment of 
23the fines, penalties, and costs provided by law, agrees to 
24attend and successfully complete a traffic safety program 
25approved by the court under standards set by the Conference of 
26Chief Circuit Judges. The accused shall be responsible for 
 
 
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1payment of any traffic safety program fees. If the accused 
2fails to file a certificate of successful completion on or 
3before the termination date of the supervision order, the 
4supervision shall be summarily revoked and conviction entered. 
5The provisions of Supreme Court Rule 402 relating to pleas of 
6guilty do not apply in cases when a defendant enters a guilty 
7plea under this provision. 
8 (i) The provisions of paragraph (c) shall not apply to a 
9defendant charged with violating Section 3-707 of the Illinois 
10Vehicle Code or a similar provision of a local ordinance if the 
11defendant has been assigned supervision for a violation of 
12Section 3-707 of the Illinois Vehicle Code or a similar 
13provision of a local ordinance.
14 (j) The provisions of paragraph (c) shall not apply to a 
15defendant charged with violating Section 6-303 of the Illinois 
16Vehicle Code or a similar provision of a local ordinance when 
17the revocation or suspension was for a violation of Section 
1811-501 or a similar provision of a local ordinance or a 
19violation of Section 11-501.1 or paragraph (b) of Section 
2011-401 of the Illinois Vehicle Code if the defendant has 
21within the last 10 years been:
22  (1) convicted for a violation of Section 6-303 of the 
23 Illinois Vehicle Code or a similar provision of a local 
24 ordinance; or
25  (2) assigned supervision for a violation of Section 
26 6-303 of the Illinois Vehicle Code or a similar provision 
 
 
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1 of a local ordinance.
2 (k) The provisions of paragraph (c) shall not apply to a 
3defendant charged with violating any provision of the Illinois 
4Vehicle Code or a similar provision of a local ordinance that 
5governs the movement of vehicles if, within the 12 months 
6preceding the date of the defendant's arrest, the defendant 
7has been assigned court supervision on 2 occasions for a 
8violation that governs the movement of vehicles under the 
9Illinois Vehicle Code or a similar provision of a local 
10ordinance. The provisions of this paragraph (k) do not apply 
11to a defendant charged with violating Section 11-501 of the 
12Illinois Vehicle Code or a similar provision of a local 
13ordinance.
14 (l) (Blank). 
15 (m) (Blank).
16 (n) The provisions of paragraph (c) shall not apply to any 
17person under the age of 18 who commits an offense against 
18traffic regulations governing the movement of vehicles or any 
19violation of Section 6-107 or Section 12-603.1 of the Illinois 
20Vehicle Code, except upon personal appearance of the defendant 
21in court and upon the written consent of the defendant's 
22parent or legal guardian, executed before the presiding judge. 
23The presiding judge shall have the authority to waive this 
24requirement upon the showing of good cause by the defendant. 
25 (o) The provisions of paragraph (c) shall not apply to a 
26defendant charged with violating Section 6-303 of the Illinois 
 
 
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1Vehicle Code or a similar provision of a local ordinance when 
2the suspension was for a violation of Section 11-501.1 of the 
3Illinois Vehicle Code and when:
4  (1) at the time of the violation of Section 11-501.1 
5 of the Illinois Vehicle Code, the defendant was a first 
6 offender pursuant to Section 11-500 of the Illinois 
7 Vehicle Code and the defendant failed to obtain a 
8 monitoring device driving permit; or
9  (2) at the time of the violation of Section 11-501.1 
10 of the Illinois Vehicle Code, the defendant was a first 
11 offender pursuant to Section 11-500 of the Illinois 
12 Vehicle Code, had subsequently obtained a monitoring 
13 device driving permit, but was driving a vehicle not 
14 equipped with a breath alcohol ignition interlock device 
15 as defined in Section 1-129.1 of the Illinois Vehicle 
16 Code. 
17 (p) The provisions of paragraph (c) shall not apply to a 
18defendant charged with violating Section 11-601.5 of the 
19Illinois Vehicle Code or a similar provision of a local 
20ordinance when the defendant has previously been:
21  (1) convicted for a violation of Section 11-601.5 of 
22 the Illinois Vehicle Code or a similar provision of a 
23 local ordinance or any similar law or ordinance of another 
24 state; or
25  (2) assigned supervision for a violation of Section 
26 11-601.5 of the Illinois Vehicle Code or a similar 
 
 
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1 provision of a local ordinance or any similar law or 
2 ordinance of another state.
3 (q) The provisions of paragraph (c) shall not apply to a 
4defendant charged with violating subsection (b) of Section 
511-601 or Section 11-601.5 of the Illinois Vehicle Code when 
6the defendant was operating a vehicle, in an urban district, 
7at a speed that is 26 miles per hour or more in excess of the 
8applicable maximum speed limit established under Chapter 11 of 
9the Illinois Vehicle Code. 
10 (r) The provisions of paragraph (c) shall not apply to a 
11defendant charged with violating any provision of the Illinois 
12Vehicle Code or a similar provision of a local ordinance if the 
13violation was the proximate cause of the death of another and 
14the defendant's driving abstract contains a prior conviction 
15or disposition of court supervision for any violation of the 
16Illinois Vehicle Code, other than an equipment violation, or a 
17suspension, revocation, or cancellation of the driver's 
18license. 
19 (s) (Blank). The provisions of paragraph (c) shall not 
20apply to a defendant charged with violating subsection (i) of 
21Section 70 of the Firearm Concealed Carry Act. 
22(Source: P.A. 100-987, eff. 7-1-19; 101-173, eff. 1-1-20.)

23 Section 95. No acceleration or delay. Where this Act makes 
24changes in a statute that is represented in this Act by text 
25that is not yet or no longer in effect (for example, a Section 
 
 
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1represented by multiple versions), the use of that text does 
2not accelerate or delay the taking effect of (i) the changes 
3made by this Act or (ii) provisions derived from any other 
4Public Act.
 
 
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1
INDEX

2
Statutes amended in order of appearance

3 5 ILCS 120/2from Ch. 102, par. 42
4 5 ILCS 140/7.5
5 5 ILCS 805/15
6 5 ILCS 830/10-5
7 15 ILCS 305/13.5 rep.
8 20 ILCS 2605/2605-10was 20 ILCS 2605/55a in part
9 20 ILCS 2605/2605-45was 20 ILCS 2605/55a-5
10 20 ILCS 2605/2605-200was 20 ILCS 2605/55a in part
11 20 ILCS 2605/2605-595
12 20 ILCS 2605/2605-605
13 20 ILCS 3930/7.9
14 30 ILCS 105/6z-99
15 30 ILCS 105/6z-127
16 235 ILCS 5/10-1from Ch. 43, par. 183
17 430 ILCS 65/2from Ch. 38, par. 83-2
18 430 ILCS 65/3from Ch. 38, par. 83-3
19 430 ILCS 65/3.1from Ch. 38, par. 83-3.1
20 430 ILCS 65/4from Ch. 38, par. 83-4
21 430 ILCS 65/5from Ch. 38, par. 83-5
22 430 ILCS 65/7from Ch. 38, par. 83-7
23 430 ILCS 65/8.5
24 430 ILCS 65/13.1from Ch. 38, par. 83-13.1
25 430 ILCS 65/13.4 rep.
 
 
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