Rep. Brandon W. Phelps
Filed: 5/22/2013
 
 


 




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1
AMENDMENT TO SENATE BILL 2193




2 AMENDMENT NO. ______. Amend Senate Bill 2193 by replacing 
3everything after the enacting clause with the following:


4 "Section 1. Short title. This Act may be cited as the 
5Firearm Concealed Carry Act.

6 Section 5. Definitions. As used in this Act:
7 "Applicant" means a person who is applying for a license to 
8carry a concealed firearm under this Act.
9 "Board" means the Concealed Carry Licensing Review Board.
10 "Concealed firearm" means a loaded or unloaded handgun 
11carried on or about a person completely or mostly concealed 
12from view of the public or on or about a person within a 
13vehicle.
14 "Department" means the Department of State Police.
15 "Director" means the Director of the Department of State 
16Police.
 
 
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1 "Handgun" means any device which is designed to expel a 
2projectile or projectiles by the action of an explosion, 
3expansion of gas, or escape of gas that is designed to be held 
4and fired by the use of a single hand. "Handgun" does not 
5include:
6  (1) a stun gun or taser;
7  (2) a machine gun as defined in item (i) of paragraph 
8 (7) of subsection (a) of Section 24-1 of the Criminal Code 
9 of 2012;
10  (3) a short-barreled rifle or shotgun as defined in 
11 item (ii) of paragraph (7) of subsection (a) of Section 
12 24-1 of the Criminal Code of 2012; or
13  (4) any pneumatic gun, spring gun, paint ball gun, or 
14 B-B gun which
expels a single globular projectile not 
15 exceeding .18 inch in
diameter or which has a maximum 
16 muzzle velocity of less than 700 feet
per second or which 
17 expels breakable paint balls containing washable marking 
18 colors.
19 "Law enforcement agency" means any federal, State, or local 
20law enforcement agency, including offices of State's Attorneys 
21and the Office of the Attorney General.
22 "License" means a license issued by the Department of State 
23Police to carry a concealed handgun.
24 "Licensee" means a person issued a license to carry a 
25concealed handgun.
26 "Municipality" has the meaning ascribed to it in Section 1 
 
 
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1of Article VII of the Illinois Constitution.
2 "Unit of local government" has the meaning ascribed to it 
3in Section 1 of Article VII of the Illinois Constitution.

4 Section 10. Issuance of licenses to carry a concealed 
5firearm. 
6 (a) The Department shall issue a license to carry a 
7concealed firearm under this Act to an applicant who:
8  (1) meets the requirements of this Section;
9  (2) meets the qualifications of Section 25 of this Act;
10  (3) has provided the application and documentation 
11 required in Section 30 of this Act; and
12  (4) has submitted the requisite fees.
13 (b) The Department shall issue a renewal, corrected, or 
14duplicate license as provided in this Act.
15 (c) A license shall be valid throughout the State for a 
16period of 5 years from the date of issuance. A license shall 
17permit the licensee to:
18  (1) carry a loaded or unloaded concealed firearm, fully 
19 concealed or partially concealed, on or about his or her 
20 person; and

21  (2) keep or carry a loaded or unloaded concealed 
22 firearm on or about his or her person within a vehicle.
23 (d) The Department shall make applications for a license 
24available no later than 180 days after the effective date of 
25this Act. The Department shall establish rules for the 
 
 
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1availability and submission of applications in accordance with 
2this Act.
3 (e) An application for a license submitted to the 
4Department that contains all the information and materials 
5required by this Act, including the requisite fee, shall be 
6deemed completed. Except as otherwise provided in this Act, no 
7later than 90 days after receipt of a completed application, 
8the Department shall issue or deny the applicant a license.
9 (f) The Department shall deny the applicant a license if 
10the applicant fails to meet the requirements under this Act or 
11the Department receives a determination from the Board that the 
12applicant is ineligible for a license. The Department must 
13notify the applicant stating the grounds for the denial. The 
14notice of denial must inform the applicant of his or her right 
15to an appeal through administrative and judicial review.
16 (g) A licensee shall possess a license at all times the 
17licensee carries a concealed firearm except:
18  (1) when the licensee is carrying or possessing a 
19 concealed firearm on his or her land or in his or her abode 
20 or legal dwelling or in the abode or legal dwelling of 
21 another person as an invitee with that person's permission;
22  (2) when the person is authorized to carry a firearm 
23 under Section 24-2 of the Criminal Code of 2012, except 
24 subsection (a-5) of that Section; or
25  (3) when the handgun is broken down in a 
26 non-functioning state, is not immediately accessible, or 
 
 
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1 is unloaded and enclosed in a case.
2 (h) If an officer of a law enforcement agency initiates an 
3investigative stop, including but not limited to a traffic 
4stop, of a licensee who is carrying a concealed firearm, upon 
5the request of the officer the licensee shall disclose to the 
6officer that he or she is in possession of a concealed firearm 
7under this Act, present the license upon the request of the 
8officer, and identify the location of the concealed firearm.
9 (i) The Department shall maintain a database of license 
10applicants and licenses. The database shall be available to all 
11federal, State, and local law enforcement agencies, State's 
12Attorneys, the Attorney General, and authorized court 
13personnel. Within 180 days after the effective date of this 
14Act, the database shall be searchable and provide all 
15information included in the application, including the 
16applicant's previous addresses within the 10 years prior to the 
17license application and any information related to violations 
18of this Act. No law enforcement agency, State's Attorney, 
19Attorney General, or member or staff of the judiciary shall 
20provide any information to a requester who is not entitled to 
21it by law.
22 (j) No later than 10 days after receipt of a completed 
23application, the Department shall enter the relevant 
24information about the applicant into the database under 
25subsection (i) of this Section which is accessible by law 
26enforcement agencies.

 
 
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1 Section 15. Objections by law enforcement agencies. 
2 (a) Any law enforcement agency may submit an objection to a 
3license applicant based upon a reasonable suspicion that the 
4applicant is a danger to himself or herself or others, or a 
5threat to public safety. The objection shall be made by the 
6chief law enforcement officer of the law enforcement agency, or 
7his or her designee, and must include any information relevant 
8to the objection. If a law enforcement agency submits an 
9objection within 30 days after the entry of an applicant into 
10the database, the Department shall submit the objection and all 
11information related to the application to the Board within 10 
12days of completing all necessary background checks.
13 (b) If an applicant has 5 or more arrests for any reason, 
14that have been entered into the Law Enforcement Agencies Data 
15System (LEADS), within the 7 years preceding the date of 
16application for a license, or has 3 or more arrests within the 
177 years preceding the date of application for a license for any 
18combination of gang-related offenses, the Department shall 
19object and submit the applicant's arrest record, the 
20application materials, and any additional information 
21submitted by a law enforcement agency to the Board. For 
22purposes of this subsection, "gang-related offense" is an 
23offense described in Section 12-6.4, Section 24-1.8, Section 
2425-5, Section 33-4, or Section 33G-4, or in paragraph (1) of 
25subsection (a) of Section 12-6.2, paragraph (2) of subsection 
 
 
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1(b) of Section 16-30, paragraph (2) of subsection (b) of 
2Section 31-4, or item (iii) of paragraph (1.5) of subsection 
3(i) of Section 48-1 of the Criminal Code of 2012.
4 (c) The referral of an objection under this Section to the 
5Board shall toll the 90-day period for the Department to issue 
6or deny the applicant a license under subsection (e) of Section 
710 of this Act, during the period of review and until the Board 
8issues its decision.
9 (d) If no objection is made by a law enforcement agency or 
10the Department under this Section, the Department shall process 
11the application in accordance with this Act.

12 Section 20. Concealed Carry Licensing Review Board. 
13 (a) There is hereby created a Concealed Carry Licensing 
14Review Board to consider any objection to an applicant's 
15eligibility to obtain a license under this Act submitted by a 
16law enforcement agency or the Department under Section 15 of 
17this Act. The Board shall consist of 7 commissioners to be 
18appointed by the Governor, by and with the advice and consent 
19of the Senate, with 3 commissioners residing within the First 
20Judicial District and a commissioner residing within each of 
21the remaining Judicial Districts. No more than 4 commissioners 
22shall be of the same political party. The Governor shall 
23designate one commissioner as the Chairperson. The Board shall 
24consist of:
25  (1) one commissioner with at least 5 years of service 
 
 
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1 as a federal judge;
2  (2) 2 commissioners with at least 5 years of experience 
3 serving as an attorney with the United States Department of 
4 Justice;
5  (3) 3 commissioners with at least 5 years of experience 
6 as a federal agent or employee with investigative 
7 experience or duties related to criminal justice under the 
8 United States Department of Justice, Drug Enforcement 
9 Administration, Department of Homeland Security, or 
10 Federal Bureau of Investigation; and
11  (4) one member with at least 5 years of experience as a 
12 licensed physician or clinical psychologist with expertise 
13 in the diagnosis and treatment of mental illness.
14 (b) Each commissioner shall serve a term that coincides 
15with the Governor's term of office and shall remain in office 
16until a newly inaugurated Governor appoints members. A newly 
17inaugurated Governor may appoint current or past 
18commissioners. The Governor shall appoint a person to fill a 
19vacancy in accordance with this Section. The Governor may 
20remove a commissioner for incompetence, neglect of duty, 
21malfeasance, or inability to serve. Commissioners shall 
22receive compensation in an amount equal to the compensation of 
23members of the Executive Ethics Commission and may be 
24reimbursed for reasonable expenses actually incurred in the 
25performance of their Board duties.
26 (c) The Board shall meet as often as necessary to consider 
 
 
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1objections to applicants for a license under this Act. The 
2Chairperson shall call meetings and at the direction of the 
3Chairperson if necessary to ensure the participation of a 
4commissioner, the Board shall allow commissioner participation 
5by electronic communication. Any commissioner communicating 
6electronically shall be deemed present for purposes of 
7establishing a quorum and voting.
8 (d) The Board shall adopt rules for the conduct of 
9hearings. The Board shall maintain a record of its decisions 
10and all materials considered in making its decisions. All Board 
11decisions and voting records shall be kept confidential and all 
12materials considered by the Board shall be exempt from 
13inspection except upon order of a court.
14 (e) In considering an objection of a law enforcement agency 
15or the Department, the Board shall review the materials 
16received with the objection from the law enforcement agency and 
17the Department. By a vote of at least 4 commissioners, the 
18Board may request additional information from or the testimony 
19of a law enforcement agency or the applicant. The Board may 
20only consider information submitted by the Department, a law 
21enforcement agency, or the applicant. The Board shall review 
22each objection and determine by a majority of commissioners 
23whether an applicant is eligible for a license.
24 (f) The Board shall issue a decision within 30 days of 
25receipt of the objection from the Department. The Board need 
26not issue a decision within 30 days if:
 
 
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1  (1) the Board requests information from the applicant 
2 in accordance with subsection (e) of this Section, in which 
3 case the Board shall make a decision within 30 days of 
4 receipt of the required information from the applicant;
5  (2) the applicant agrees, in writing, to allow the 
6 Board additional time to consider an objection; or
7  (3) the Board notifies the applicant and the Department 
8 that the Board needs an additional 30 days to issue a 
9 decision.
10 (g) If the Board determines by a preponderance of the 
11evidence that the applicant poses a danger to himself or 
12herself, others, or a threat to public safety, the Board shall 
13affirm the objection of the law enforcement agency or the 
14Department and shall notify the Department that the applicant 
15is ineligible for a license. If the Board does not determine by 
16a preponderance of the evidence that the applicant poses a 
17danger to himself or herself, others, or a threat to public 
18safety, the Board shall notify the Department that the 
19applicant is eligible for a license.
20 (h) Meetings of the Board shall not be subject to the Open 
21Meetings Act and records of the Board shall not be subject to 
22the Freedom of Information Act.

23 Section 25. Qualifications for a license. 
24 The Department shall issue a license to an applicant 
25completing an application in accordance with Section 30 of this 
 
 
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1Act if the person:
2  (1) is at least 21 years of age;
3  (2) has a currently valid Firearm Owner's 
4 Identification Card, or meets the requirements for the 
5 issuance of a Firearm Owner's Identification Card and is 
6 not prohibited under the Firearm Owners Identification 
7 Card Act or federal law from possessing or receiving a 
8 firearm;
9  (3) has not been convicted or found guilty in this 
10 State or in any other state of:
11   (A) a misdemeanor involving the use or threat of 
12 physical force or violence to any person within the 5 
13 years preceding the date of the license application; or
14   (B) 2 or more violations related to driving while 
15 under the influence of alcohol, other drug or drugs, 
16 intoxicating compound or compounds, or any combination 
17 thereof, within the 5 years preceding the date of the 
18 license application; and
19  (4) is not the subject of a pending arrest warrant, 
20 prosecution, or proceeding for an offense or action that 
21 could lead to disqualification to own or possess a firearm;
22  (5) has not been in residential or court-ordered 
23 treatment for alcoholism, alcohol detoxification, or drug 
24 treatment within the 5 years immediately preceding the date 
25 of the license application; and
26  (6) has completed firearms training and any education 
 
 
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1 component required under Section 75 of this Act.

2 Section 30. Contents of license application. 
3 (a) The license application shall be in writing, under oath 
4and penalty of perjury, on a standard form adopted by the 
5Department and shall be accompanied by the documentation 
6required in this Section and all applicable fees. Each 
7application form shall include the following statement printed 
8in bold type: "Warning: Entering false information on this form 
9is punishable as perjury under Section 32-2 of the Criminal 
10Code of 2012."
11 (b) The application shall contain the following:
12  (1) the applicant's name, current address, date and 
13 year of birth, place of birth, height, weight, hair color, 
14 eye color, maiden name or any other name the applicant has 
15 used or identified with, and any address where the 
16 applicant resided for more than 30 days within the 10 years 
17 preceding the date of the license application;
18  (2) the applicant's driver's license number, state 
19 identification card number, or the last 4 digits of the 
20 applicant's social security number;
21  (3) a waiver of the applicant's privacy and 
22 confidentiality rights and privileges under all federal 
23 and state laws, including those limiting access to juvenile 
24 court, criminal justice, psychological, or psychiatric 
25 records or records relating to any institutionalization of 
 
 
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1 the applicant, and an affirmative request that a person 
2 having custody of any of these records provide it or 
3 information concerning it to the Department;
4  (4) an affirmation that the applicant possesses a 
5 currently valid Firearm Owner's Identification Card and 
6 card number if possessed or notice the applicant is 
7 applying for a Firearm Owner's Identification Card in 
8 conjunction with the license application;
9  (5) an affirmation that the applicant has not been 
10 convicted or found guilty of:
11   (A) a felony;
12   (B) a misdemeanor involving the use or threat of 
13 physical force or violence to any person within the 5 
14 years preceding the date of the application; or
15   (C) 2 or more violations related to driving while 
16 under the influence of alcohol, other drug or drugs, 
17 intoxicating compound or compounds, or any combination 
18 thereof, within the 5 years preceding the date of the 
19 license application; and
20  (6) whether the applicant failed a drug test for a drug 
21 for which the applicant did not have a prescription, within 
22 the previous year, and if so, the provider of the test, the 
23 specific substance involved, and the date of the test;
24  (7) written consent for the Department to review and 
25 use the applicant's Illinois digital driver's license or 
26 Illinois identification card photograph and signature, if 
 
 
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1 available;
2  (8) a full set of fingerprints submitted to the 
3 Department in electronic format, provided the Department 
4 may accept an application submitted without a set of 
5 fingerprints in which case the Department shall be granted 
6 30 days in addition to the 90 days provided under 
7 subsection (e) of Section 10 of this Act to issue or deny a 
8 license;
9  (9) a head and shoulder color photograph in a size 
10 specified by the Department taken within the 30 days 
11 preceding the date of the license application; and
12  (10) a photocopy or other evidence to show compliance 
13 with the training requirements under this Act.

14 Section 35. Investigation of the applicant. 
15 The Department shall conduct a background check of the 
16applicant to ensure compliance with the requirements of this 
17Act and all federal, State, and local laws. The background 
18check shall include a search of the following:
19  (1) the National Instant Criminal Background Check 
20 System of the Federal Bureau of Investigation;
21  (2) all available state and local criminal history 
22 record information files, including records of juvenile 
23 adjudications;
24  (3) all available federal, state, and local records 
25 regarding wanted persons;
 
 
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1  (4) all available federal, state, and local records of 
2 domestic violence restraining and protective orders;
3  (5) the files of the Department of Human Services 
4 relating to mental health and developmental disabilities; 
5 and

6  (6) all other available records of a federal, state, or 
7 local agency or other public entity in any jurisdiction 
8 likely to contain information relevant to whether the 
9 applicant is prohibited from purchasing, possessing, or 
10 carrying a firearm under federal, state, or local law.

11 Section 40. Non-resident license applications. 
12 (a) For the purposes of this Section, "non-resident" means 
13a person who has not resided within this State for more than 30 
14days and resides in another state or territory.
15 (b) The Department shall establish by rule and allow for 
16non-resident license applications from any state or territory 
17of the United States with laws related to firearm ownership, 
18possession, and carrying, that are substantially similar to the 
19requirements to obtain a license under this Act.
20 (c) A resident of a state or territory approved by the 
21Department under subsection (b) of this Section may apply for a 
22non-resident license. The applicant shall apply to the 
23Department and must meet all of the qualifications established 
24in Section 25 of this Act, except for the Illinois residency 
25requirement in item (xiv) of paragraph (2) of subsection (a) of 
 
 
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1Section 4 of the Firearm Owners Identification Card Act. The 
2applicant shall submit:
3  (1) the application and documentation required under 
4 Section 30 of this Act;
5  (2) a notarized document stating the applicant:
6   (A) is eligible under federal law and the laws of 
7 his or her state or territory of residence to own or 
8 possess a firearm;
9   (B) if applicable, has a license or permit to carry 
10 a firearm or concealed firearm issued by his or her 
11 state or territory of residence and attach a copy of 
12 the license or permit to the application;
13   (C) understands Illinois laws pertaining to the 
14 possession and transport of firearms, and
15   (D) acknowledgement that the applicant is subject 
16 to the jurisdiction of the Department and Illinois 
17 courts for any violation of this Act; and
18  (3) a photocopy or other evidence to show compliance 
19 with the training requirements under Section 75 of this 
20 Act;
21  (4) a head and shoulder color photograph in a size 
22 specified by the Department taken within the 30 days 
23 preceding the date of the application; and
24  (5) a $300 application fee.
25 (d) In lieu of an Illinois driver's license or Illinois 
26identification card, a non-resident applicant shall provide 
 
 
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1similar documentation from his or her state or territory of 
2residence. In lieu of a valid Firearm Owner's Identification 
3Card, the applicant shall submit documentation and information 
4required by the Department to obtain a Firearm Owner's 
5Identification Card, including an affidavit that the 
6non-resident meets the mental health standards to obtain a 
7firearm under Illinois law, and the Department shall ensure 
8that the applicant would meet the eligibility criteria to 
9obtain a Firearm Owner's Identification card if he or she was a 
10resident of this State.
11 (e) Nothing in this Act shall prohibit a non-resident from 
12transporting a concealed firearm within his or her vehicle in 
13Illinois, if the concealed firearm remains within his or her 
14vehicle and the non-resident:
15  (1) is not prohibited from owning or possessing a 
16 firearm under federal law;
17  (2) is eligible to carry a firearm under the laws of 
18 his or her state or territory of residence; and
19  (3) is not in possession of a license under this Act.
20 If the non-resident leaves his or her vehicle unattended, 
21he or she shall store the firearm within a locked vehicle or 
22locked container within the vehicle in accordance with 
23subsection (b) of Section 65 of this Act.

24 Section 45. Civil immunity; Board, employees, and agents. 
25The Board, Department, local law enforcement agency, or 
 
 
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1employees and agents of the Board, Department, or local law 
2enforcement agency participating in the licensing process 
3under this Act shall not be held liable for damages in any 
4civil action arising from alleged wrongful or improper 
5granting, denying, renewing, revoking, suspending, or failing 
6to grant, deny, renew, revoke, or suspend a license under this 
7Act, except for willful or wanton misconduct.

8 Section 50. License renewal. 
9 Applications for renewal of a license shall be made to the 
10Department. A license shall be renewed for a period of 5 years 
11upon receipt of a completed renewal application, completion of 
123 hours of training required under Section 75 of this Section, 
13applicable renewal fee, and completion of an investigation 
14under Section 35 of this Act. The renewal application shall 
15contain the information required in Section 30 of this Act, 
16except that the applicant need not resubmit a full set of 
17fingerprints.

18 Section 55. Change of address or name; lost, destroyed, or 
19stolen licenses. 
20 (a) A licensee shall notify the Department within 30 days 
21of moving or changing residence or any change of name. The 
22licensee shall submit:
23  (1) a notarized statement that the licensee has changed 
24 his or her residence or his or her name, including the 
 
 
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1 prior and current address or name and the date the 
2 applicant moved or changed his or her name; and
3  (2) the requisite fee.
4 (b) A licensee shall notify the Department within 10 days 
5of discovering that a license is lost, destroyed, or stolen. A 
6lost, destroyed, or stolen license is invalid. To request a 
7replacement license, the licensee shall submit:
8  (1) a notarized statement that the licensee no longer 
9 possesses the license, and that it was lost, destroyed, or 
10 stolen;
11  (2) if applicable, a copy of a police report stating 
12 that the license was stolen; and
13  (3) the requisite fee.
14 (c) A violation of this Section is a petty offense with a 
15fine of $150 which shall be deposited into the Mental Health 
16Reporting Fund.

17 Section 60. Fees. 
18 (a) All fees collected under this Act shall be deposited as 
19provided in this Section. Application fees shall be 
20non-refundable.
21 (b) An applicant for a new license or a renewal shall 
22submit $150 with the application, of which $120 shall be 
23apportioned to the State Police Firearm Services Fund, $20 
24shall be apportioned to the Mental Health Reporting Fund, and 
25$10 shall be apportioned to the State Crime Laboratory Fund.
 
 
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1 (c) A non-resident applicant for a new license or renewal 
2shall submit $300 with the application, of which $250 shall be 
3apportioned to the State Police Firearm Services Fund, $40 
4shall be apportioned to the Mental Health Reporting Fund, and 
5$10 shall be apportioned to the State Crime Laboratory Fund.
6 (d) A licensee requesting a new license in accordance with 
7Section 55 shall submit $75, of which $60 shall be apportioned 
8to the State Police Firearm Services Fund, $5 shall be 
9apportioned to the Mental Health Reporting Fund, and $10 shall 
10be apportioned to the State Crime Laboratory Fund.

11 Section 65. Prohibited areas. 
12 (a) A licensee under this Act shall not knowingly carry a 
13firearm into:
14  (1) Any building, real property, and parking area under 
15 the control of an elementary or secondary school.
16  (2) Any building, real property, and parking area under 
17 the control of a pre-school or child care facility, 
18 including any room or portion of a building under the 
19 control of a pre-school or child care facility. Nothing in 
20 this paragraph shall prevent the operator of a child care 
21 facility in a family home from owning or possessing a 
22 firearm in the home or license under this Act, if no child 
23 under child care at the home is present in the home or the 
24 firearm in the home is stored in a locked container when a 
25 child under child care at the home is present in the home.
 
 
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1  (3) Any building, parking area, or portion of a 
2 building under the control of an officer of the executive 
3 or legislative branch of government, provided that nothing 
4 in this paragraph shall prohibit a licensee from carrying a 
5 concealed firearm onto the real property, bikeway, or trail 
6 in a park regulated by the Department of Natural Resources 
7 or any other designated public hunting area or building 
8 where firearm possession is permitted as established by the 
9 Department of Natural Resources under Section 1.8 of the 
10 Wildlife Code.
11  (4) Any building designated for matters before a 
12 circuit court, appellate court, or the Supreme Court, and 
13 any building or portion of a building under the control of 
14 the Supreme Court.
15  (5) Any building or potion of a building under the 
16 control of a unit of local government.
17  (6) Any building, real property, and parking area under 
18 the control of an adult or juvenile detention or 
19 correctional institution, prison, or jail.
20  (7) Any building, real property, and parking area under 
21 the control of a public or private hospital, mental health 
22 facility, or nursing home.
23  (8) Any bus, train, or form of transportation paid for 
24 in whole or in part with public funds, and any building, 
25 real property, and parking area under the control of a 
26 public transportation facility paid for in whole or in part 
 
 
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1 with public funds.
2  (9) Any building, real property, and parking area under 
3 the control of an establishment that serves alcohol on its 
4 premises, if more than 50% of the establishment's gross 
5 receipts within the prior 3 months is from the sale of 
6 alcohol.
7  (10) Any public gathering or special event conducted on 
8 property open to the public that requires the issuance of a 
9 permit from the unit of local government, provided this 
10 prohibition shall not apply to a licensee who must walk 
11 through a public gathering in order to access his or her 
12 residence, place of business, or vehicle.
13  (11) Any building or real property that has been issued 
14 a Special Event Retailer liquor license as defined in 
15 Section 1-3.17.1 of the Liquor Control Act during the time 
16 designated for the sale of alcohol by the special event 
17 retailer license, or a Special Use Permit liquor license as 
18 defined in subsection (q) of Section 5-1 of the Liquor 
19 Control Act during the time designated for the sale of 
20 alcohol by the special use permit license.
21  (12) Any public playground.
22  (13) Any public park, athletic area, or athletic 
23 facility under the control of a municipality or park 
24 district, provided nothing in this Section shall prohibit a 
25 licensee from carrying a concealed firearm while on a trail 
26 or bikeway if only a portion of the trail or bikeway 
 
 
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1 includes a public park.
2  (14) Any real property under the control of the Cook 
3 County Forest Preserve District.
4  (15) Any building, classroom, laboratory, medical 
5 clinic, hospital, artistic venue, athletic venue, 
6 entertainment venue, officially recognized 
7 university-related organization property, whether owned or 
8 leased, and any real property, including parking areas, 
9 sidewalks, and common areas under the control of a public 
10 or private community college, college, or university.
11  (16) Any building, real property, or parking area under 
12 the control of a gaming facility licensed under the 
13 Riverboat Gambling Act or the Illinois Horse Racing Act of 
14 1975, including an inter-track wagering location licensee.
15  (17) Any stadium, arena, or the real property or 
16 parking area under the control of a stadium, arena, or any 
17 collegiant or professional sporting event.
18  (18) Any building, real property, or parking area under 
19 the control of a public library.
20  (19) Any building, real property, or parking area under 
21 the control of an airport.
22  (20) Any building, real property, or parking area under 
23 the control of an amusement park.
24  (21) Any building, real property, or parking area under 
25 the control of a zoo or museum.
26  (22) Any area where firearms are prohibited under 
 
 
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1 federal law.
2 (a-5) Nothing in this Act shall prohibit a public or 
3private community college, college, or university from:
4  (1) prohibiting persons from carrying a firearm within 
5 a vehicle owned, leased, or controlled by the college or 
6 university;
7  (2) developing resolutions, regulations, or policies 
8 regarding student, employee, or visitor misconduct and 
9 discipline, including suspension and expulsion;
10  (3) developing resolutions, regulations, or policies 
11 regarding the storage or maintenance of firearms, which 
12 must include designated areas where persons can park 
13 vehicles that carry firearms; and
14  (4) permitting the carrying or use of firearms for the 
15 purpose of instruction and curriculum of officially 
16 recognized programs, including but not limited to military 
17 science and law enforcement training programs, or in any 
18 designated area used for hunting purposes or target 
19 shooting.
20 (a-10) The owner of private real property of any type may 
21prohibit the carrying of concealed firearms on the property 
22under his or her control. The owner must post a sign in 
23accordance with subsection (d) of this Section indicating that 
24firearms are prohibited on the property, unless the property is 
25a private residence.
26 (b) Notwithstanding subsection (a) of this Section, any 
 
 
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1licensee prohibited from carrying a concealed firearm into the 
2parking area of a prohibited location specified in subsection 
3(a) of this Section shall be permitted to carry a concealed 
4firearm on or about his or her person within a vehicle into the 
5parking area and may store a firearm or ammunition concealed in 
6a case within a locked vehicle or locked container within the 
7vehicle in the parking area. A licensee may carry a concealed 
8firearm in the immediate area surrounding his or her vehicle 
9within a prohibited parking lot area only for the limited 
10purpose of storing or retrieving a firearm within the vehicle's 
11trunk, provided the licensee ensures the concealed firearm is 
12unloaded prior to exiting the vehicle. For purposes of this 
13subsection, "case" includes a glove compartment or console that 
14completely encloses the concealed firearm or ammunition, the 
15trunk of the vehicle, or a firearm carrying box, shipping box, 
16or other container.
17 (c) A licensee shall not be in violation of this Section 
18while he or she is traveling along a public right of way that 
19touches or crosses any of the premises under subsection (a) of 
20this Section if the concealed firearm is carried on his or her 
21person in accordance with the provisions of this Act or is 
22being transported in a vehicle by the licensee in accordance 
23with all other applicable provisions of law.
24 (d) Signs stating that the carrying of firearms is 
25prohibited shall be clearly and conspicuously posted at the 
26entrance of a building, premises, or real property specified in 
 
 
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1this Section as a prohibited area, unless the building or 
2premises is a private residence. Signs shall be of a uniform 
3design as established by the Department and shall be 4 inches 
4by 6 inches in size. The Department shall adopt rules for 
5standardized signs to be used under this subsection.

6 Section 70. Violations. 
7 (a) A license issued or renewed under this Act shall be 
8revoked if, at any time, the licensee is found to be ineligible 
9for a license under this Act or the licensee no longer meets 
10the eligibility requirements of the Firearm Owners 
11Identification Card Act.
12 (b) A license shall be suspended if an order of protection, 
13emergency order of protection, plenary order of protection, or 
14interim order of protection under Article 112A of the Code of 
15Criminal Procedure of 1963 or under the Illinois Domestic 
16Violence Act of 1986 is issued against a licensee for the 
17duration of the order, or if the Department is made aware of a 
18similar order issued against the licensee in any other 
19jurisdiction. If an order of protection is issued against a 
20licensee, the licensee shall surrender the license, as 
21applicable, to the court at the time the order is entered or to 
22the law enforcement agency or entity serving process at the 
23time the licensee is served the order. The court, law 
24enforcement agency, or entity responsible for serving the order 
25shall notify the Department within 7 days and transmit the 
 
 
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1license to the Department.
2 (c) A license is invalid upon expiration of the license, 
3unless the licensee has submitted an application to renew the 
4license, and the applicant is otherwise eligible to possess a 
5license under this Act.
6 (d) A licensee shall not carry a concealed firearm while 
7under the influence of alcohol, other drug or drugs, 
8intoxicating compound or combination of compounds, or any 
9combination thereof, under the standards set forth in 
10subsection (a) of Section 11-501 of the Illinois Vehicle Code.
11 (e) A licensee in violation of this Section or Section 65 
12of this Act shall be guilty of a Class B misdemeanor. A second 
13or subsequent violation is a Class A misdemeanor. The 
14Department may suspend a license for up to 6 months for a 
15second violation and shall permanently revoke a license for 3 
16or more violations of Section 65 of this Act. Any person 
17convicted of a violation under this Section shall pay a $150 
18fee to be deposited into the Mental Health Reporting Fund, plus 
19any applicable court costs or fees.
20 (f) A licensee convicted or found guilty of a violation of 
21this Act who has a valid license and is otherwise eligible to 
22carry a concealed firearm shall only be subject to the 
23penalties under this Section and shall not be subject to the 
24penalties under Section 21-6, paragraph (4), (8), or (10) of 
25subsection (a) of Section 24-1, or subparagraph (A-5) or (B-5) 
26of paragraph (3) of subsection (a) of Section 24-1.6 of the 
 
 
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1Criminal Code of 2012. Except as otherwise provided in this 
2subsection, nothing in this subsection prohibits the licensee 
3from being subjected to penalties for violations other than 
4those specified in this Act.
5 (g) A licensee whose license is revoked, suspended, or 
6denied shall, within 48 hours of receiving notice of the 
7revocation, suspension, or denial surrender his or her 
8concealed carry license to the local law enforcement agency 
9where the person resides. The local law enforcement agency 
10shall provide the licensee a receipt and transmit the concealed 
11carry license to the Department of State Police. If the 
12licensee whose concealed carry license has been revoked, 
13suspended, or denied fails to comply with the requirements of 
14this subsection, the law enforcement agency where the person 
15resides may petition the circuit court to issue a warrant to 
16search for and seize the concealed carry license in the 
17possession and under the custody or control of the licensee 
18whose concealed carry license has been revoked, suspended, or 
19denied. The observation of a concealed carry license in the 
20possession of a person whose license has been revoked, 
21suspended, or denied constitutes a sufficient basis for the 
22arrest of that person for violation of this subsection. A 
23violation of this subsection is a Class A misdemeanor.

24 Section 75. Applicant firearm training. 
25 (a) Within 45 days of the effective date of this Act, the 
 
 
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1Department shall begin approval of firearm training courses and 
2makes a list of approved courses available of the Department's 
3website.
4 (b) An applicant for a new license shall provide proof of 
5completion of a firearms training course or combination of 
6courses approved by the Department of at least 16 hours, which 
7includes range qualification time under subsection (c) of this 
8Section, that covers the following:
9  (1) firearm safety;
10  (2) the basic principles of marksmanship;
11  (3) care, cleaning, loading, and unloading of a 
12 concealable firearm;
13  (4) all applicable State and federal laws relating to 
14 the ownership, storage, carry, and transportation of a 
15 firearm; and
16  (5) instruction on the appropriate and lawful 
17 interaction with law enforcement while transporting or 
18 carrying a concealed firearm.
19 (c) An applicant for a new license shall provide proof of 
20certification by a certified instructor that the applicant 
21passed a live fire exercise with a concealable firearm 
22consisting of:
23  (1) a minimum of 30 rounds; and
24  (2) 10 rounds from a distance of 5 yards; 10 rounds 
25 from a distance of 7 yards; and 10 rounds from a distance 
26 of 10 yards at a B-27 silhouette target approved by the 
 
 
09800SB2193ham001- 30 -LRB098 10174 MRW 46317 a


1 Department.
2 (d) An applicant for renewal of a license shall provide 
3proof of completion of a firearms training course or 
4combination of courses approved by the Department of at least 3 
5hours.
6 (e) A certificate of completion for an applicant firearm 
7training course shall not be issued to a student who:
8  (1) does not follow the orders of the certified 
9 firearms instructor;

10  (2) in the judgment of the certified instructor, 
11 handles a firearm in a manner that poses a danger to the 
12 student or to others; or

13  (3) during the range firing portion of testing fails to 
14 hit the target with 70% of the rounds fired.
15 (f) An instructor shall maintain a record of each student's 
16performance for at least 5 years, and shall make all records 
17available upon demand of authorized personnel of the 
18Department.
19 (g) The Department and certified firearms instructor shall 
20recognize up to 8 hours of training already completed toward 
21the 16 hour training requirement under this Section if the 
22training course is approved by the Department and recognized 
23under the laws of another state. Any remaining hours that the 
24applicant completes must at least cover the classroom subject 
25matter of paragraph (4) of subsection (b) of this Section, and 
26the range qualification in subsection (c) of this Section.
 
 
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1 (h) A person who has qualified to carry a firearm as an 
2active law enforcement officer, a person certified as a 
3firearms instructor by this Act or the Illinois Law Enforcement 
4Training Standards Board, and a person who has completed the 
5required training and has been issued a firearm control card by 
6the Department of Financial and Professional Regulation shall 
7be exempt from the requirements of this Section.

8 Section 80. Firearms instructor training. 
9 (a) Within 45 days of the effective date of this Act, the 
10Department shall begin approval of certified firearms 
11instructors and enter certified firearms instructors into an 
12online registry on the Department's website.
13 (b) A person who is not a certified firearms instructor 
14shall not teach applicant training courses or advertise or 
15otherwise represent courses they teach as qualifying their 
16students to meet the requirements to receive a license under 
17this Act. Each violation of this subsection is a business 
18offense with a fine of at least $1,000 per violation.
19 (c) A person seeking to become a certified firearms 
20instructor shall:
21  (1) be at least 21 years of age;
22  (2) be a legal resident of the United States; and
23  (3) meet the requirements of Section 25 of this Act, 
24 and any additional uniformly applied requirements 
25 established by the Department.
 
 
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1 (d) A person seeking to become a certified firearms 
2instructor trainer, in addition to the requirements of 
3subsection (c) of this Section, shall:
4  (1) possess a high school diploma or GED certificate; 
5 and
6  (2) have at least one of the following valid firearms 
7 instructor certifications:
8   (A) certification from a law enforcement agency; 
9 or
10   (B) certification from a firearm instructor course 
11 offered by a State or federal governmental agency;
12   (C) certification from a firearm instructor 
13 qualification course offered by the Illinois Law 
14 Enforcement Training Standards Board; and
15   (D) certification from an entity approved by the 
16 Department that offers firearm instructor education 
17 and training in the use and safety of firearms.
18 (e) A person may have his or her firearms instructor 
19certification denied or revoked if he or she does not meet the 
20requirements to obtain a license under this Act, provides false 
21or misleading information to the Department, or has had a prior 
22instructor certification revoked or denied by the Department.

23 Section 85. Background Checks for Dealer Sales. 
24  A license to carry a concealed firearm issued by this 
25State shall not exempt the licensee from the requirements of a 
 
 
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1background check, including a check of the National Instant 
2Criminal Background Check System, upon purchase or transfer of 
3a firearm.

4 Section 87. Administrative and judicial review. 
5 (a) Whenever an application for a concealed carry license 
6is denied, whenever the Department fails to act on an 
7application
within 90 days of its receipt, or whenever a 
8license is revoked or suspended as provided in this Act, the 
9aggrieved party may
appeal
to the Director for a hearing upon

10the denial, revocation, suspension, or failure to act on the 
11application, unless the denial
was made by the Concealed Carry 
12Licensing Review Board, in which case the
aggrieved party may 
13petition the circuit court in writing in the county of
his or 
14her residence for a hearing upon the denial.
15 (b) All final administrative decisions of the Department or 
16the Concealed Carry Licensing Review Board under this
Act shall 
17be subject to judicial review under the provisions of the 
18Administrative
Review Law. The term
"administrative decision" 
19is defined as in Section 3-101 of the Code of
Civil Procedure.


20 Section 90. Preemption. 
21 The regulation, licensing, possession, carrying, and 
22transportation of firearms are exclusive powers and function of 
23the State. Except as explicitly provided in this Act, a home 
24rule unit may not regulate or license any matter related to 
 
 
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1firearms, including the possession, carrying, and 
2transportation of firearms. This Section is a limitation under 
3subsection (h) of Section 6 of Article VII of the Illinois 
4Constitution on the exercise by home rule units of powers and 
5functions exercised by the State. Any municipal law or 
6ordinance inconsistent with this Section shall be invalidated 
7upon the effective date of this Act.

8 Section 92. Consolidation of concealed carry license and 
9Firearm Owner's Identification Card. 
10 (a) A task force shall be created and appointed to develop 
11a plan to incorporate and consolidate the concealed carry 
12license under this Act and the Firearm Owner's Identification 
13Card under the Firearm Owners Identification Card Act into a 
14single card that can identify a person with authority to 
15possess a firearm under the Firearm Owners Identification Card 
16Act, or authority to possess a firearm under the Firearm Owners 
17Identification Card Act and authority to carry a concealed 
18firearm under this Act. The plan shall include statutory 
19changes necessary to implement the Firearm Owner's 
20Identification Card and concealed carry license consolidation.
21 (b) The task force shall consist of the following members:
22  (1) one member appointed by the Speaker of the House;
23  (2) one member appointed by the House Minority Leader;
24  (3) one member appointed by the President of the 
25 Senate;
 
 
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1  (4) one member appointed by the Senate Minority Leader;
2  (5) one member appointed by the Secretary of State;
3  (6) one member appointed by the Director of the 
4 Department of State Police; and
5  (7) one member appointed by the Speaker representing 
6 the National Rifle Association.

7 Section 95. Rulemaking. 
8 The Department shall adopt rules to implement the 
9provisions of this Act.

10 Section 100. Short title. Sections 100 through 110 may be 
11cited as the School Administrator Reporting of Mental Health 
12Clear and Present Danger Determinations Law.

13 Section 105. Duty of school administrator. It is the duty 
14of the principal
of a public elementary or secondary school, or 
15his or her designee, and the
chief administrative officer of a 
16private elementary or secondary school or a
public or private 
17community college, college, or university, or his or her

18designee, to report to the Department of Human Services when a 
19student is determined to pose a clear and present danger to 
20himself, herself, or to others within 24 hours of
the 
21determination as provided in Section 6-103.3 of the Mental 
22Health and Developmental Disabilities Code. "Clear and present 
23danger" has the meaning as defined in paragraph (2) of the 
 
 
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1definition of "clear and present danger" in Section 1.1 of the 
2Firearm Owners Identification Card Act.

3 Section 110. Immunity.  A principal or chief administrative 
4officer, or the designee of a principal of chief administrative 
5officer, making the determination and report under Section 105 
6of this Law shall not be held criminally, civilly, or 
7professionally liable, except for willful or wanton 
8misconduct.

9 Section 115. The Open Meetings Act is amended by changing 
10Section 2 as follows:




11 (5 ILCS 120/2) (from Ch. 102, par. 42)



12 Sec. 2. Open meetings. 

13 (a) Openness required. All meetings of public
bodies shall 
14be open to the public unless excepted in subsection (c)
and 
15closed in accordance with Section 2a.

16 (b) Construction of exceptions. The exceptions contained 
17in subsection
(c) are in derogation of the requirement that 
18public bodies
meet in the open, and therefore, the exceptions 
19are to be strictly
construed, extending only to subjects 
20clearly within their scope.
The exceptions authorize but do not 
21require the holding of
a closed meeting to discuss a subject 
22included within an enumerated exception.

23 (c) Exceptions. A public body may hold closed meetings to 
 
 
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1consider the
following subjects:

2  (1) The appointment, employment, compensation, 
3 discipline, performance,
or dismissal of specific 
4 employees of the public body or legal counsel for
the 
5 public body, including hearing
testimony on a complaint 
6 lodged against an employee of the public body or
against 
7 legal counsel for the public body to determine its 
8 validity.

9  (2) Collective negotiating matters between the public 
10 body and its
employees or their representatives, or 
11 deliberations concerning salary
schedules for one or more 
12 classes of employees.

13  (3) The selection of a person to fill a public office,

14 as defined in this Act, including a vacancy in a public 
15 office, when the public
body is given power to appoint 
16 under law or ordinance, or the discipline,
performance or 
17 removal of the occupant of a public office, when the public 
18 body
is given power to remove the occupant under law or 
19 ordinance. 

20  (4) Evidence or testimony presented in open hearing, or 
21 in closed
hearing where specifically authorized by law, to

22 a quasi-adjudicative body, as defined in this Act, provided 
23 that the body
prepares and makes available for public 
24 inspection a written decision
setting forth its 
25 determinative reasoning.


26  (5) The purchase or lease of real property for the use 
 
 
09800SB2193ham001- 38 -LRB098 10174 MRW 46317 a


1 of
the public body, including meetings held for the purpose 
2 of discussing
whether a particular parcel should be 
3 acquired.

4  (6) The setting of a price for sale or lease of 
5 property owned
by the public body.

6  (7) The sale or purchase of securities, investments, or 
7 investment
contracts. This exception shall not apply to the 
8 investment of assets or income of funds deposited into the 
9 Illinois Prepaid Tuition Trust Fund. 

10  (8) Security procedures and the use of personnel and

11 equipment to respond to an actual, a threatened, or a 
12 reasonably
potential danger to the safety of employees, 
13 students, staff, the public, or
public
property.

14  (9) Student disciplinary cases.

15  (10) The placement of individual students in special 
16 education
programs and other matters relating to 
17 individual students.

18  (11) Litigation, when an action against, affecting or 
19 on behalf of the
particular public body has been filed and 
20 is pending before a court or
administrative tribunal, or 
21 when the public body finds that an action is
probable or 
22 imminent, in which case the basis for the finding shall be

23 recorded and entered into the minutes of the closed 
24 meeting.

25  (12) The establishment of reserves or settlement of 
26 claims as provided
in the Local Governmental and 
 
 
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1 Governmental Employees Tort Immunity Act, if
otherwise the 
2 disposition of a claim or potential claim might be

3 prejudiced, or the review or discussion of claims, loss or 
4 risk management
information, records, data, advice or 
5 communications from or with respect
to any insurer of the 
6 public body or any intergovernmental risk management

7 association or self insurance pool of which the public body 
8 is a member.

9  (13) Conciliation of complaints of discrimination in 
10 the sale or rental
of housing, when closed meetings are 
11 authorized by the law or ordinance
prescribing fair housing 
12 practices and creating a commission or
administrative 
13 agency for their enforcement.

14  (14) Informant sources, the hiring or assignment of 
15 undercover personnel
or equipment, or ongoing, prior or 
16 future criminal investigations, when
discussed by a public 
17 body with criminal investigatory responsibilities.

18  (15) Professional ethics or performance when 
19 considered by an advisory
body appointed to advise a 
20 licensing or regulatory agency on matters
germane to the 
21 advisory body's field of competence.

22  (16) Self evaluation, practices and procedures or 
23 professional ethics,
when meeting with a representative of 
24 a statewide association of which the
public body is a 
25 member.

26  (17) The recruitment, credentialing, discipline or 
 
 
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1 formal peer review
of physicians or other
health care 
2 professionals for a hospital, or
other institution 
3 providing medical care, that is operated by the public 
4 body.

5  (18) Deliberations for decisions of the Prisoner 
6 Review Board.

7  (19) Review or discussion of applications received 
8 under the
Experimental Organ Transplantation Procedures 
9 Act.

10  (20) The classification and discussion of matters 
11 classified as
confidential or continued confidential by 
12 the State Government Suggestion Award
Board.

13  (21) Discussion of minutes of meetings lawfully closed 
14 under this Act,
whether for purposes of approval by the 
15 body of the minutes or semi-annual
review of the minutes as 
16 mandated by Section 2.06.

17  (22) Deliberations for decisions of the State

18 Emergency Medical Services Disciplinary
Review Board.

19  (23) The operation by a municipality of a municipal 
20 utility or the
operation of a
municipal power agency or 
21 municipal natural gas agency when the
discussion involves 
22 (i) contracts relating to the
purchase, sale, or delivery 
23 of electricity or natural gas or (ii) the results
or 
24 conclusions of load forecast studies.

25  (24) Meetings of a residential health care facility 
26 resident sexual
assault and death review
team or
the 
 
 
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1 Executive
Council under the Abuse Prevention Review
Team 
2 Act.

3  (25) Meetings of an independent team of experts under 
4 Brian's Law. 
5  (26) Meetings of a mortality review team appointed 
6 under the Department of Juvenile Justice Mortality Review 
7 Team Act. 
8  (27) Confidential information, when discussed by one 
9 or more members of an elder abuse fatality review team, 
10 designated under Section 15 of the Elder Abuse and Neglect 
11 Act, while participating in a review conducted by that team 
12 of the death of an elderly person in which abuse or neglect 
13 is suspected, alleged, or substantiated; provided that 
14 before the review team holds a closed meeting, or closes an 
15 open meeting, to discuss the confidential information, 
16 each participating review team member seeking to disclose 
17 the confidential information in the closed meeting or 
18 closed portion of the meeting must state on the record 
19 during an open meeting or the open portion of a meeting the 
20 nature of the information to be disclosed and the legal 
21 basis for otherwise holding that information confidential. 
22  (28) Correspondence and records (i) that may not be 
23 disclosed under Section 11-9 of the Public Aid Code or (ii) 
24 that pertain to appeals under Section 11-8 of the Public 
25 Aid Code. 
26  (29) Meetings between internal or external auditors 
 
 
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1 and governmental audit committees, finance committees, and 
2 their equivalents, when the discussion involves internal 
3 control weaknesses, identification of potential fraud risk 
4 areas, known or suspected frauds, and fraud interviews 
5 conducted in accordance with generally accepted auditing 
6 standards of the United States of America.
7  (30) Deliberations for decisions of the Concealed 
8 Carry Licensing Review Board under the Firearm Concealed 
9 Carry Act. 
10 (d) Definitions. For purposes of this Section:

11 "Employee" means a person employed by a public body whose 
12relationship
with the public body constitutes an 
13employer-employee relationship under
the usual common law 
14rules, and who is not an independent contractor.

15 "Public office" means a position created by or under the

16Constitution or laws of this State, the occupant of which is 
17charged with
the exercise of some portion of the sovereign 
18power of this State. The term
"public office" shall include 
19members of the public body, but it shall not
include 
20organizational positions filled by members thereof, whether

21established by law or by a public body itself, that exist to 
22assist the
body in the conduct of its business.

23 "Quasi-adjudicative body" means an administrative body 
24charged by law or
ordinance with the responsibility to conduct 
25hearings, receive evidence or
testimony and make 
26determinations based
thereon, but does not include
local 
 
 
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1electoral boards when such bodies are considering petition 
2challenges.

3 (e) Final action. No final action may be taken at a closed 
4meeting.
Final action shall be preceded by a public recital of 
5the nature of the
matter being considered and other information 
6that will inform the
public of the business being conducted. 

7(Source: P.A. 96-1235, eff. 1-1-11; 96-1378, eff. 7-29-10; 
896-1428, eff. 8-11-10; 97-318, eff. 1-1-12; 97-333, eff. 
98-12-11; 97-452, eff. 8-19-11; 97-813, eff. 7-13-12; 97-876, 
10eff. 8-1-12.)


11 Section 120. The Freedom of Information Act is amended by 
12changing Section 7.5 as follows:

13 (5 ILCS 140/7.5)
14 Sec. 7.5. Statutory Exemptions. To the extent provided for 
15by the statutes referenced below, the following shall be exempt 
16from inspection and copying:
17 (a) All information determined to be confidential under 
18Section 4002 of the Technology Advancement and Development Act.
19 (b) Library circulation and order records identifying 
20library users with specific materials under the Library Records 
21Confidentiality Act.
22 (c) Applications, related documents, and medical records 
23received by the Experimental Organ Transplantation Procedures 
24Board and any and all documents or other records prepared by 
 
 
09800SB2193ham001- 44 -LRB098 10174 MRW 46317 a


1the Experimental Organ Transplantation Procedures Board or its 
2staff relating to applications it has received.
3 (d) Information and records held by the Department of 
4Public Health and its authorized representatives relating to 
5known or suspected cases of sexually transmissible disease or 
6any information the disclosure of which is restricted under the 
7Illinois Sexually Transmissible Disease Control Act.
8 (e) Information the disclosure of which is exempted under 
9Section 30 of the Radon Industry Licensing Act.
10 (f) Firm performance evaluations under Section 55 of the 
11Architectural, Engineering, and Land Surveying Qualifications 
12Based Selection Act.
13 (g) Information the disclosure of which is restricted and 
14exempted under Section 50 of the Illinois Prepaid Tuition Act.
15 (h) Information the disclosure of which is exempted under 
16the State Officials and Employees Ethics Act, and records of 
17any lawfully created State or local inspector general's office 
18that would be exempt if created or obtained by an Executive 
19Inspector General's office under that Act.
20 (i) Information contained in a local emergency energy plan 
21submitted to a municipality in accordance with a local 
22emergency energy plan ordinance that is adopted under Section 
2311-21.5-5 of the Illinois Municipal Code.
24 (j) Information and data concerning the distribution of 
25surcharge moneys collected and remitted by wireless carriers 
26under the Wireless Emergency Telephone Safety Act.
 
 
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1 (k) Law enforcement officer identification information or 
2driver identification information compiled by a law 
3enforcement agency or the Department of Transportation under 
4Section 11-212 of the Illinois Vehicle Code.
5 (l) Records and information provided to a residential 
6health care facility resident sexual assault and death review 
7team or the Executive Council under the Abuse Prevention Review 
8Team Act.
9 (m) Information provided to the predatory lending database 
10created pursuant to Article 3 of the Residential Real Property 
11Disclosure Act, except to the extent authorized under that 
12Article.
13 (n) Defense budgets and petitions for certification of 
14compensation and expenses for court appointed trial counsel as 
15provided under Sections 10 and 15 of the Capital Crimes 
16Litigation Act. This subsection (n) shall apply until the 
17conclusion of the trial of the case, even if the prosecution 
18chooses not to pursue the death penalty prior to trial or 
19sentencing.
20 (o) Information that is prohibited from being disclosed 
21under Section 4 of the Illinois Health and Hazardous Substances 
22Registry Act.
23 (p) Security portions of system safety program plans, 
24investigation reports, surveys, schedules, lists, data, or 
25information compiled, collected, or prepared by or for the 
26Regional Transportation Authority under Section 2.11 of the 
 
 
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1Regional Transportation Authority Act or the St. Clair County 
2Transit District under the Bi-State Transit Safety Act. 
3 (q) Information prohibited from being disclosed by the 
4Personnel Records Review Act. 
5 (r) Information prohibited from being disclosed by the 
6Illinois School Student Records Act. 
7 (s) Information the disclosure of which is restricted under 
8Section 5-108 of the Public Utilities Act. 

9 (t) All identified or deidentified health information in 
10the form of health data or medical records contained in, stored 
11in, submitted to, transferred by, or released from the Illinois 
12Health Information Exchange, and identified or deidentified 
13health information in the form of health data and medical 
14records of the Illinois Health Information Exchange in the 
15possession of the Illinois Health Information Exchange 
16Authority due to its administration of the Illinois Health 
17Information Exchange. The terms "identified" and 
18"deidentified" shall be given the same meaning as in the Health 
19Insurance Accountability and Portability Act of 1996, Public 
20Law 104-191, or any subsequent amendments thereto, and any 
21regulations promulgated thereunder. 
22 (u) Records and information provided to an independent team 
23of experts under Brian's Law. 
24 (v) Names and information of people who have applied for or 
25received Firearm Owner's Identification Cards under the 
26Firearm Owners Identification Card Act or applied for or 
 
 
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1received a concealed carry license under the Firearm Concealed 
2Carry Act, unless otherwise authorized by the Firearm Concealed 
3Carry Act; and databases under the Firearm Concealed Carry Act, 
4records of the Concealed Carry Licensing Review Board under the 
5Firearm Concealed Carry Act, and law enforcement agency 
6objections under the Firearm Concealed Carry Act. 
7 (w) Personally identifiable information which is exempted 
8from disclosure under subsection (g) of Section 19.1 of the 
9Toll Highway Act.
10 (x) Information which is exempted from disclosure under 
11Section 5-1014.3 of the Counties Code or Section 8-11-21 of the 
12Illinois Municipal Code. 
13(Source: P.A. 96-542, eff. 1-1-10; 96-1235, eff. 1-1-11; 
1496-1331, eff. 7-27-10; 97-80, eff. 7-5-11; 97-333, eff. 
158-12-11; 97-342, eff. 8-12-11; 97-813, eff. 7-13-12; 97-976, 
16eff. 1-1-13.)

17 Section 122. The Secretary of State Act is amended by 
18adding Section 13.5 as follows:

19 (15 ILCS 305/13.5 new)
20 Sec. 13.5. Department of State Police access to driver's 
21license and identification card photographs.
22 The Secretary of State shall allow the Department of State 
23Police to access the driver's license or Illinois 
24Identification card photograph, if available, of an applicant 
 
 
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1for a firearm concealed carry license under the Firearm 
2Concealed Carry Act for the purpose of identifying the firearm 
3concealed carry license applicant and issuing a license to the 
4applicant.

5 Section 125. The Department of State Police Law of the

6Civil Administrative Code of Illinois is amended by changing 
7Section 2605-300 and by adding Section 2605-595 as follows:




8 (20 ILCS 2605/2605-300) (was 20 ILCS 2605/55a in part)



9 Sec. 2605-300. Records; crime laboratories; personnel. To 
10do
the
following:


11  (1) Be a central repository and custodian of criminal

12 statistics for the State.


13  (2) Be a central repository for criminal history
record 
14 information.


15  (3) Procure and file for record information that is

16 necessary and helpful to plan programs of crime prevention, 
17 law
enforcement,
and criminal justice.


18  (4) Procure and file for record copies of
fingerprints 
19 that may be required by law.


20  (5) Establish general and field
crime laboratories.


21  (6) Register and file for record information that
may 
22 be required by law for the issuance of firearm owner's 
23 identification
cards under the Firearm Owners 
24 Identification Card Act and concealed carry licenses under 
 
 
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1 the Firearm Concealed Carry Act.


2  (7) Employ polygraph operators, laboratory 
3 technicians,
and
other
specially qualified persons to aid 
4 in the identification of criminal
activity.


5  (8) Undertake other identification, information,

6 laboratory, statistical, or registration activities that 
7 may be
required by law.

8(Source: P.A. 90-18, eff. 7-1-97; 90-130, eff. 1-1-98;
90-372, 
9eff. 7-1-98;
90-590, eff. 1-1-00; 90-655, eff. 7-30-98; 90-793, 
10eff. 8-14-98;
91-239, eff. 1-1-00.)


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

11 Section 130. The State Finance Act is amended by adding 
12Sections 5.826, 5.827, and 6z-98 as follows:

13 (30 ILCS 105/5.826 new)
14 Sec. 5.826. The Mental Health Reporting Fund.

15 (30 ILCS 105/5.827 new)
16 Sec. 5.827. The State Police Firearm Services Fund.

17 (30 ILCS 105/6z-98 new)
18 Sec. 6z-98. The Mental Health Reporting Fund.
19 (a) There is created in the State treasury a special fund 
20known as the Mental Health Reporting Fund. The Fund shall 
21receive revenue under the Firearm Concealed Carry Act. The Fund 
22may also receive revenue from grants, pass-through grants, 
 
 
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1donations, appropriations, and any other legal source.
2 (b) The Department of 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 is 
9necessary to ensure compliance with mental health reporting 
10under these Acts shall be used by the Department of Human 
11Services for mental health treatment programs.
12 (c) Investment income that is attributable to the 
13investment of moneys in the Fund shall be retained in the Fund 
14for the uses specified in this Section.

15 (30 ILCS 105/5.206 rep.)
16 Section 135. The State Finance Act is amended by repealing 
17Section 5.206.

18 Section 140. The Illinois Explosives Act is amended by 
19changing Section 2005 as follows:




20 (225 ILCS 210/2005) (from Ch. 96 1/2, par. 1-2005)



21 Sec. 2005. Qualifications for licensure. 
22 (a) No person shall qualify to hold a license who:
23  (1) is under 21 years of age;
 
 
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1  (2) has been convicted in any court of a crime 
2 punishable by imprisonment for a term exceeding one year;
3  (3) is under indictment for a crime punishable by 
4 imprisonment for a term exceeding one year;
5  (4) is a fugitive from justice;
6  (5) is an unlawful user of or addicted to any 
7 controlled substance as defined in Section 102 of the 
8 federal Controlled Substances Act (21 U.S.C. Sec. 802 et 
9 seq.);
10  (6) has been adjudicated a mentally disabled person as 
11 defined in Section 1.1 of the Firearm Owners Identification 
12 Card Act mental defective; or
13  (7) is not a legal citizen of the United States.
14 (b) A person who has been granted a "relief from 
15disabilities" regarding criminal convictions and indictments, 
16pursuant to the federal Safe Explosives Act (18 U.S.C. Sec. 
17845) may receive a license provided all other qualifications 
18under this Act are met. 

19(Source: P.A. 96-1194, eff. 1-1-11.)


20 Section 145. The Mental Health and Developmental 
21Disabilities Code is amended by changing Section 6-103.1 and by 
22adding Sections 6-103.2 and 6-103.3 as follows:

23 (405 ILCS 5/6-103.1)
24 Sec. 6-103.1. Adjudication as a mentally disabled person 
 
 
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1mental defective. 
2 (a) When a person has been adjudicated as a mentally 
3disabled person mental defective as defined in Section 1.1 of 
4the Firearm Owners Identification Card Act, including, but not 
5limited to, an adjudication as a disabled person as defined in 
6Section 11a-2 of the Probate Act of 1975, the court shall 
7direct
the circuit court clerk to immediately notify the

8Department of State Police, Firearm Owner's Identification

9(FOID) Office, in a form and manner prescribed by the 
10Department of State Police, and shall forward a copy of the 
11court order to the Department no later than 7 days after the 
12entry of the order. Upon receipt of the order, the Department 
13of State Police shall provide notification to the National 
14Instant Criminal Background Check System.

15(Source: P.A. 97-1131, eff. 1-1-13.)

16 (405 ILCS 5/6-103.2 new)
17 Sec. 6-103.2. Developmental disability; notice.
18 If a person is determined to be developmentally disabled as 
19defined in Section 1.1 of the Firearm Owners Identification 
20Card Act by a physician, clinical psychologist, or qualified 
21examiner, whether practicing at a public or by a private mental 
22health facility or developmental disability facility, the 
23physician, clinical psychologist, or qualified examiner shall 
24notify the Department of Human Services within 24 hours of 
25making the determination that the person has a developmental 
 
 
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1disability. The Department of Human Services shall immediately 
2update its records and information relating to mental health 
3and developmental disabilities, and if appropriate, shall 
4notify the Department of State Police in a form and manner 
5prescribed by the Department of State Police. Information 
6disclosed under this Section shall remain privileged and 
7confidential, and shall not be redisclosed, except as required 
8under subsection (e) of Section 3.1 of the Firearm Owners 
9Identification Card Act, nor used for any other purpose. The 
10method of providing this information shall guarantee that the 
11information is not released beyond that which is necessary for 
12the purpose of this Section and shall be provided by rule by 
13the Department of Human Services. The identity of the person 
14reporting under this Section shall not be disclosed to the 
15subject of the report.
16 Absent willful or wanton misconduct, the physician, 
17clinical psychologist, or qualified examiner making the 
18determination may not be held criminally, civilly, or 
19professionally liable for making or not making the notification 
20required under this Section.

21 (405 ILCS 5/6-103.3 new)
22 Sec. 6-103.3. Clear and present danger; notice.
23 If a person is determined to pose a clear and present 
24danger to himself, herself, or to others by a physician, 
25clinical psychologist, or qualified examiner, whether employed 
 
 
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1by the State, by any public or private mental health facility 
2or part thereof, or by a school administrator, the physician, 
3clinical psychologist, qualified examiner, or school 
4administrator shall notify the Department of Human Services and 
5a law enforcement official shall notify the Department of State 
6Police, within 24 hours that the person poses a clear and 
7present danger. The Department of Human Services shall 
8immediately update the files relating to mental health and 
9developmental disabilities, or if appropriate, shall notify 
10the Department of State Police in a form and manner prescribed 
11by the Department of State Police. Information disclosed under 
12this subsection shall remain privileged and confidential, and 
13shall not be redisclosed, except as required under subsection 
14(e) of Section 3.1 of the Firearm Owners Identification Card 
15Act, nor used for any other purpose. The method of providing 
16this information shall guarantee that the information is not 
17released beyond that which is necessary for the purpose of this 
18Section. The identity of the person reporting under this 
19Section shall not be disclosed to the subject of the report. 
20The physician, clinical psychologist, qualified examiner, law 
21enforcement official, or school administrator making the 
22determination shall not be held criminally, civilly, or 
23professionally liable for making or not making the notification 
24required under this subsection, except for willful or wanton 
25misconduct. This Section does not apply to a law enforcement 
26official, if making the notification under this Section will 
 
 
09800SB2193ham001- 56 -LRB098 10174 MRW 46317 a


1interfere with a criminal investigation.
2 For the purposes of this Section:
3  "Clear and present danger" has the meaning ascribed to 
4 it in Section 1.1 of the Firearm Owners Identification Card 
5 Act.
6  "School administrator" means the person required to 
7 report under the School Administrator Reporting of Mental 
8 Health Clear and Present Danger Determinations Law.

9 Section 150. The Firearm Owners Identification Card Act is 
10amended by changing Sections 1.1, 3.1, 4, 5, 8, 8.1, 9, 10, and 
1113.2 and by adding Sections 5.1 and 9.5 as follows:



12 (430 ILCS 65/1.1) (from Ch. 38, par. 83-1.1)


13 (Text of Section before amendment by P.A. 97-1167)
14 Sec. 1.1. For purposes of this Act: 

15 "Has been adjudicated as a mental defective" means the 
16person is the subject of a determination by a court, board, 
17commission or other lawful authority that a person, as a result 
18of marked subnormal intelligence, or mental illness, mental 
19impairment, incompetency, condition, or disease:
20  (1) is a danger to himself, herself, or to others;
21  (2) lacks the mental capacity to manage his or her own 
22 affairs;
23  (3) is not guilty in a criminal case by reason of 
24 insanity, mental disease or defect;
 
 
09800SB2193ham001- 57 -LRB098 10174 MRW 46317 a


1  (4) is incompetent to stand trial in a criminal case;
2  (5) is not guilty by reason of lack of mental 
3 responsibility pursuant to Articles 50a and 72b of the 
4 Uniform Code of Military Justice, 10 U.S.C. 850a, 876b.

5 "Counterfeit" means to copy or imitate, without legal 
6authority, with
intent
to deceive.
7 "Federally licensed firearm dealer" means a person who is 
8licensed as a federal firearms dealer under Section 923 of the 
9federal Gun Control Act of 1968 (18 U.S.C. 923).


10 "Firearm" means any device, by
whatever name known, which 
11is designed to expel a projectile or projectiles
by the action 
12of an explosion, expansion of gas or escape of gas; excluding,

13however:


14  (1) any pneumatic gun, spring gun, paint ball gun, or 
15 B-B gun which
expels a single globular projectile not 
16 exceeding .18 inch in
diameter or which has a maximum 
17 muzzle velocity of less than 700 feet
per second;

18  (1.1) any pneumatic gun, spring gun, paint ball gun, or 
19 B-B gun which expels breakable paint balls containing 
20 washable marking colors; 

21  (2) any device used exclusively for signalling or 
22 safety and required or
recommended by the United States 
23 Coast Guard or the Interstate Commerce
Commission;


24  (3) any device used exclusively for the firing of stud 
25 cartridges,
explosive rivets or similar industrial 
26 ammunition; and


 
 
09800SB2193ham001- 58 -LRB098 10174 MRW 46317 a


1  (4) an antique firearm (other than a machine-gun) 
2 which, although
designed as a weapon, the Department of 
3 State Police finds by reason of
the date of its 
4 manufacture, value, design, and other characteristics is

5 primarily a collector's item and is not likely to be used 
6 as a weapon.

7 "Firearm ammunition" means any self-contained cartridge or 
8shotgun
shell, by whatever name known, which is designed to be 
9used or adaptable to
use in a firearm; excluding, however:


10  (1) any ammunition exclusively designed for use with a 
11 device used
exclusively for signalling or safety and 
12 required or recommended by the
United States Coast Guard or 
13 the Interstate Commerce Commission; and


14  (2) any ammunition designed exclusively for use with a 
15 stud or rivet
driver or other similar industrial 
16 ammunition.
17 "Gun show" means an event or function:
18  (1) at which the sale and transfer of firearms is the 
19 regular and normal course of business and where 50 or more 
20 firearms are displayed, offered, or exhibited for sale, 
21 transfer, or exchange; or
22  (2) at which not less than 10 gun show vendors display, 
23 offer, or exhibit for sale, sell, transfer, or exchange 
24 firearms.

25 "Gun show" includes the entire premises provided for an 
26event or function, including parking areas for the event or 
 
 
09800SB2193ham001- 59 -LRB098 10174 MRW 46317 a


1function, that is sponsored to facilitate the purchase, sale, 
2transfer, or exchange of firearms as described in this Section.

3 "Gun show" does not include training or safety classes, 
4competitive shooting events, such as rifle, shotgun, or handgun 
5matches, trap, skeet, or sporting clays shoots, dinners, 
6banquets, raffles, or
any other event where the sale or 
7transfer of firearms is not the primary course of business.
8 "Gun show promoter" means a person who organizes or 
9operates a gun show.
10 "Gun show vendor" means a person who exhibits, sells, 
11offers for sale, transfers, or exchanges any firearms at a gun 
12show, regardless of whether the person arranges with a gun show 
13promoter for a fixed location from which to exhibit, sell, 
14offer for sale, transfer, or exchange any firearm.
15 "Sanctioned competitive shooting event" means a shooting 
16contest officially recognized by a national or state shooting 
17sport association, and includes any sight-in or practice 
18conducted in conjunction with the event.


19 "Stun gun or taser" has the meaning ascribed to it in 
20Section 24-1 of the Criminal Code of 2012.
21(Source: P.A. 97-776, eff. 7-13-12; 97-1150, eff. 1-25-13.)

22 (Text of Section after amendment by P.A. 97-1167)
23 Sec. 1.1. For purposes of this Act: 

24 "Addicted to narcotics" means a person: 
25  (1) convicted of an offense involving the use or 
 
 
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1 possession of cannabis, a controlled substance, or 
2 methamphetamine within the past year; or 
3  (2) determined by the Department of State Police to be 
4 addicted to narcotics based upon federal law or federal 
5 guidelines. 
6 "Addicted to narcotics" does not include possession or use 
7of a prescribed controlled substance under the direction and 
8authority of a physician or person authorized to prescribe the 
9controlled substance and the controlled substance is used in 
10the prescribed manner. 
11 "Adjudicated Has been adjudicated as a mentally disabled 
12person mental defective" means the person is the subject of a 
13determination by a court, board, commission or other lawful 
14authority that a person, as a result of marked subnormal 
15intelligence, or mental illness, mental impairment, 
16incompetency, condition, or disease:
17  (1) presents a clear and present is a danger to 
18 himself, herself, or to others;
19  (2) lacks the mental capacity to manage his or her own 
20 affairs or is adjudicated a disabled person as defined in 
21 Section 11a-2 of the Probate Act of 1975;
22  (3) is not guilty in a criminal case by reason of 
23 insanity, mental disease or defect;
24  (3.5) is guilty but mentally ill, as provided in 
25 Section 5-2-6 of the Unified Code of Corrections; 
26  (4) is incompetent to stand trial in a criminal case; 
 
 
09800SB2193ham001- 61 -LRB098 10174 MRW 46317 a


1  (5) is not guilty by reason of lack of mental 
2 responsibility under pursuant to Articles 50a and 72b of 
3 the Uniform Code of Military Justice, 10 U.S.C. 850a, 
4 876b; .

5  (6) has been found to be a sexually violent person 
6 under the Sexually Violent Persons Commitment Act; or 
7  (7) has been found to be a sexually dangerous person 
8 under the Sexually Dangerous Persons Act. 
9 "Clear and present danger" means a person:
10  (1) communicates a serious threat of physical violence 
11 against a reasonably identifiable victim or poses a clear 
12 and imminent risk of serious physical injury to himself, 
13 herself, or another person as determined by a physician, 
14 clinical psychologist, or qualified examiner; or
15  (2) demonstrates threatening physical or verbal 
16 behavior, such as violent, suicidal, or assaultive 
17 threats, actions, or other behavior as determined by a 
18 physician, clinical psychologist, qualified examiner, 
19 school administrator, or law enforcement official.
20 "Clinical psychologist" has the meaning as defined in 
21Section 1-103 of the Mental Health and Developmental 
22Disabilities Code.
23 "Controlled substance" means a controlled substance or 
24controlled substance analog as defined in the Illinois 
25Controlled Substances Act. 
26 "Counterfeit" means to copy or imitate, without legal 
 
 
09800SB2193ham001- 62 -LRB098 10174 MRW 46317 a


1authority, with
intent
to deceive.
2 "Developmentally disabled" means a disability which is 
3attributable to any other condition which results in impairment 
4similar to that caused by an intellectual disability and which 
5requires services similar to those required by intellectually 
6disabled persons. The disability must originate before the age 
7of 18
years, be expected to continue indefinitely, and 
8constitute a substantial handicap.
9 "Federally licensed firearm dealer" means a person who is 
10licensed as a federal firearms dealer under Section 923 of the 
11federal Gun Control Act of 1968 (18 U.S.C. 923).


12 "Firearm" means any device, by
whatever name known, which 
13is designed to expel a projectile or projectiles
by the action 
14of an explosion, expansion of gas or escape of gas; excluding,

15however:


16  (1) any pneumatic gun, spring gun, paint ball gun, or 
17 B-B gun which
expels a single globular projectile not 
18 exceeding .18 inch in
diameter or which has a maximum 
19 muzzle velocity of less than 700 feet
per second;

20  (1.1) any pneumatic gun, spring gun, paint ball gun, or 
21 B-B gun which expels breakable paint balls containing 
22 washable marking colors; 

23  (2) any device used exclusively for signalling or 
24 safety and required or
recommended by the United States 
25 Coast Guard or the Interstate Commerce
Commission;


26  (3) any device used exclusively for the firing of stud 
 
 
09800SB2193ham001- 63 -LRB098 10174 MRW 46317 a


1 cartridges,
explosive rivets or similar industrial 
2 ammunition; and


3  (4) an antique firearm (other than a machine-gun) 
4 which, although
designed as a weapon, the Department of 
5 State Police finds by reason of
the date of its 
6 manufacture, value, design, and other characteristics is

7 primarily a collector's item and is not likely to be used 
8 as a weapon.

9 "Firearm ammunition" means any self-contained cartridge or 
10shotgun
shell, by whatever name known, which is designed to be 
11used or adaptable to
use in a firearm; excluding, however:


12  (1) any ammunition exclusively designed for use with a 
13 device used
exclusively for signalling or safety and 
14 required or recommended by the
United States Coast Guard or 
15 the Interstate Commerce Commission; and


16  (2) any ammunition designed exclusively for use with a 
17 stud or rivet
driver or other similar industrial 
18 ammunition.
19 "Gun show" means an event or function:
20  (1) at which the sale and transfer of firearms is the 
21 regular and normal course of business and where 50 or more 
22 firearms are displayed, offered, or exhibited for sale, 
23 transfer, or exchange; or
24  (2) at which not less than 10 gun show vendors display, 
25 offer, or exhibit for sale, sell, transfer, or exchange 
26 firearms.

 
 
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1 "Gun show" includes the entire premises provided for an 
2event or function, including parking areas for the event or 
3function, that is sponsored to facilitate the purchase, sale, 
4transfer, or exchange of firearms as described in this Section.

5 "Gun show" does not include training or safety classes, 
6competitive shooting events, such as rifle, shotgun, or handgun 
7matches, trap, skeet, or sporting clays shoots, dinners, 
8banquets, raffles, or
any other event where the sale or 
9transfer of firearms is not the primary course of business.
10 "Gun show promoter" means a person who organizes or 
11operates a gun show.
12 "Gun show vendor" means a person who exhibits, sells, 
13offers for sale, transfers, or exchanges any firearms at a gun 
14show, regardless of whether the person arranges with a gun show 
15promoter for a fixed location from which to exhibit, sell, 
16offer for sale, transfer, or exchange any firearm.
17 "Intellectually disabled" means significantly subaverage 
18general intellectual functioning which exists concurrently 
19with impairment in adaptive behavior and which originates 
20before the age of 18 years. 
21 "Involuntarily admitted" has the meaning as prescribed in 
22Sections 1-119 and 1-119.1 of the Mental Health and 
23Developmental Disabilities Code. 
24 "Mental health facility institution" means any licensed 
25private hospital, institution, or facility, or part thereof, 
26and any facility, or part thereof, operated by the State or a 
 
 
09800SB2193ham001- 65 -LRB098 10174 MRW 46317 a


1political subdivision thereof which provide clinic, evaluation 
2facility, mental health center, or part thereof, which is used 
3primarily for the care or treatment of persons with mental 
4illness and includes all hospitals, institutions, clinics, 
5evaluation facilities, mental health centers, colleges, 
6universities, long-term care facilities, and nursing homes, or 
7parts thereof, which provide treatment of persons with mental 
8illness whether or not the primary purpose is to provide 
9treatment of persons with mental illness. 
10 "Patient" means: 
11  (1) a person who voluntarily receives mental health 
12 treatment as an in-patient or resident of any public or 
13 private mental health facility, unless the treatment was 
14 solely for an alcohol abuse disorder and no other secondary 
15 substance abuse disorder or mental illness, or 
16  (2) a person who voluntarily receives mental health 
17 treatment as an out-patient or is provided services by a 
18 public or private mental health facility who poses a clear 
19 and present danger to himself, herself, or to others. 
20 "Physician" has the meaning as defined in Section 1-120 of 
21the Mental Health and Developmental Disabilities Code.
22 "Qualified examiner" has the meaning as defined in Section 
231-122 of the Mental Health and Developmental Disabilities Code.
24 "Patient in a mental institution" means the person was 
25admitted, either voluntarily or involuntarily, to a mental 
26institution for mental health treatment, unless the treatment 
 
 
09800SB2193ham001- 66 -LRB098 10174 MRW 46317 a


1was voluntary and solely for an alcohol abuse disorder and no 
2other secondary substance abuse disorder or mental illness.
3 "Sanctioned competitive shooting event" means a shooting 
4contest officially recognized by a national or state shooting 
5sport association, and includes any sight-in or practice 
6conducted in conjunction with the event.


7 "School administrator" means the person required to report 
8under the School Administrator Reporting of Mental Health Clear 
9and Present Danger Determinations Act.
10 "Stun gun or taser" has the meaning ascribed to it in 
11Section 24-1 of the Criminal Code of 2012.
12(Source: P.A. 97-776, eff. 7-13-12; 97-1150, eff. 1-25-13; 
1397-1167, eff. 6-1-13.)




14 (430 ILCS 65/3.1) (from Ch. 38, par. 83-3.1)


15 Sec. 3.1. Dial up system. 
16 (a) The Department of State Police shall provide
a dial up 
17telephone system or utilize other existing technology which 
18shall be used by any federally licensed
firearm dealer, gun 
19show promoter, or gun show vendor who is to transfer a firearm, 
20stun gun, or taser under the provisions of this
Act. The 
21Department of State Police may utilize existing technology 
22which
allows the caller to be charged a fee not to exceed $2. 
23Fees collected by the Department of
State Police shall be 
24deposited in the State Police Services Fund and used
to provide 
25the service.


 
 
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1 (b) Upon receiving a request from a federally licensed 
2firearm dealer, gun show promoter, or gun show vendor, the

3Department of State Police shall immediately approve, or within 
4the time
period established by Section 24-3 of the Criminal 
5Code of 2012 regarding
the delivery of firearms, stun guns, and 
6tasers notify the inquiring dealer, gun show promoter, or gun 
7show vendor of any objection that
would disqualify the 
8transferee from acquiring or possessing a firearm, stun gun, or 
9taser. In
conducting the inquiry, the Department of State 
10Police shall initiate and
complete an automated search of its 
11criminal history record information
files and those of the 
12Federal Bureau of Investigation, including the
National 
13Instant Criminal Background Check System, and of the files of

14the Department of Human Services relating to mental health and

15developmental disabilities to obtain
any felony conviction or 
16patient hospitalization information which would
disqualify a 
17person from obtaining or require revocation of a currently

18valid Firearm Owner's Identification Card.
19 (c) If receipt of a firearm would not violate Section 24-3 
20of the Criminal Code of 2012, federal law, or this Act the 
21Department of State Police shall:
22  (1) assign a unique identification number to the 
23 transfer; and
24  (2) provide the licensee, gun show promoter, or gun 
25 show vendor with the number.
26 (d) Approvals issued by the Department of State Police for 
 
 
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1the purchase of a firearm are valid for 30 days from the date 
2of issue.


3 (e) (1) The Department of State Police must act as the 
4Illinois Point of Contact
for the National Instant Criminal 
5Background Check System.
6 (2) The Department of State Police and the Department of 
7Human Services shall, in accordance with State and federal law 
8regarding confidentiality, enter into a memorandum of 
9understanding with the Federal Bureau of Investigation for the 
10purpose of implementing the National Instant Criminal 
11Background Check System in the State. The Department of State 
12Police shall report the name, date of birth, and physical 
13description of any person prohibited from possessing a firearm 
14pursuant to the Firearm Owners Identification Card Act or 18 
15U.S.C. 922(g) and (n) to the National Instant Criminal 
16Background Check System Index, Denied Persons Files.


17 (3) The Department of State Police shall provide notice of 
18the disqualification of a person under subsection (b) of this 
19Section or revocation of a person's Firearm Owner's 
20Identification Card under Section 8 of this Act and the reason 
21for the disqualification or revocation to all law enforcement 
22agencies with jurisdiction to assist with the seizure of the 
23person's Firearm Owner's Identification Card. 
24 (f) The Department of State Police shall adopt promulgate 
25rules not inconsistent with this Section to implement this

26system.

 
 
09800SB2193ham001- 69 -LRB098 10174 MRW 46317 a


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



2 (430 ILCS 65/4) (from Ch. 38, par. 83-4)


3 (Text of Section before amendment by P.A. 97-1167)

4 Sec. 4. (a) Each applicant for a Firearm Owner's 
5Identification Card must: 


6  (1) Make application on blank forms prepared and 
7 furnished at convenient
locations throughout the State by 
8 the Department of State Police, or by
electronic means, if 
9 and when made available by the Department of State
Police; 
10 and


11  (2) Submit evidence to the Department of State Police 
12 that:


13   (i) He or she is 21 years of age or over, or if he 
14 or she is under 21
years of age that he or she has the 
15 written consent of his or her parent or
legal guardian 
16 to possess and acquire firearms and firearm ammunition 
17 and that
he or she has never been convicted of a 
18 misdemeanor other than a traffic
offense or adjudged

19 delinquent, provided, however, that such parent or 
20 legal guardian is not an
individual prohibited from 
21 having a Firearm Owner's Identification Card and
files 
22 an affidavit with the Department as prescribed by the 
23 Department
stating that he or she is not an individual 
24 prohibited from having a Card;


25   (ii) He or she has not been convicted of a felony 
 
 
09800SB2193ham001- 70 -LRB098 10174 MRW 46317 a


1 under the laws of
this or any other jurisdiction;


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


3   (iv) He or she has not been a patient in a mental 
4 institution within
the past 5 years and he or she has 
5 not been adjudicated as a mental defective;


6   (v) He or she is not intellectually disabled;


7   (vi) He or she is not an alien who is unlawfully 
8 present in the
United States under the laws of the 
9 United States;


10   (vii) He or she is not subject to an existing order 
11 of protection
prohibiting him or her from possessing a 
12 firearm;


13   (viii) He or she has not been convicted within the 
14 past 5 years of
battery, assault, aggravated assault, 
15 violation of an order of
protection, or a substantially 
16 similar offense in another jurisdiction, in
which a 
17 firearm was used or possessed;


18   (ix) He or she has not been convicted of domestic 
19 battery, aggravated domestic battery, or a

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


8   (x) (Blank);


9   (xi) He or she is not an alien who has been 
10 admitted to the United
States under a non-immigrant 
11 visa (as that term is defined in Section
101(a)(26) of 
12 the Immigration and Nationality Act (8 U.S.C. 
13 1101(a)(26))),
or that he or she is an alien who has 
14 been lawfully admitted to the United
States under a 
15 non-immigrant visa if that alien is:


16    (1) admitted to the United States for lawful 
17 hunting or sporting
purposes;


18    (2) an official representative of a foreign 
19 government who is:


20     (A) accredited to the United States 
21 Government or the Government's
mission to an 
22 international organization having its 
23 headquarters in the United
States; or


24     (B) en route to or from another country to 
25 which that alien is
accredited;


26    (3) an official of a foreign government or 
 
 
09800SB2193ham001- 72 -LRB098 10174 MRW 46317 a


1 distinguished foreign
visitor who has been so 
2 designated by the Department of State;


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


6    (5) one who has received a waiver from the 
7 Attorney General of the
United States pursuant to 
8 18 U.S.C. 922(y)(3);


9   (xii) He or she is not a minor subject to a 
10 petition filed
under Section 5-520 of the Juvenile 
11 Court Act of 1987 alleging that the
minor is a 
12 delinquent minor for the commission of an offense that 
13 if
committed by an adult would be a felony;


14   (xiii) He or she is not an adult who had been 
15 adjudicated a delinquent
minor under the Juvenile 
16 Court Act of 1987 for the commission of an offense
that 
17 if committed by an adult would be a felony; and

18   (xiv) He or she is a resident of the State of 
19 Illinois; and 

20  (3) Upon request by the Department of State Police, 
21 sign a release on a
form prescribed by the Department of 
22 State Police waiving any right to
confidentiality and 
23 requesting the disclosure to the Department of State Police

24 of limited mental health institution admission information 
25 from another state,
the District of Columbia, any other 
26 territory of the United States, or a
foreign nation 
 
 
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1 concerning the applicant for the sole purpose of 
2 determining
whether the applicant is or was a patient in a 
3 mental health institution and
disqualified because of that 
4 status from receiving a Firearm Owner's
Identification 
5 Card. No mental health care or treatment records may be

6 requested. The information received shall be destroyed 
7 within one year of
receipt.

8 (a-5) Each applicant for a Firearm Owner's Identification 
9Card who is over
the age of 18 shall furnish to the Department 
10of State Police either his or
her Illinois driver's license 
11number or Illinois Identification Card number, except as

12provided in subsection (a-10).

13 (a-10) Each applicant for a Firearm Owner's Identification 
14Card,
who is employed as a law enforcement officer, an armed 
15security officer in Illinois, or by the United States Military

16permanently assigned in Illinois and who is not an Illinois 
17resident, shall furnish to
the Department of State Police his 
18or her driver's license number or state
identification card 
19number from his or her state of residence. The Department
of 
20State Police may promulgate rules to enforce the provisions of 
21this
subsection (a-10).

22 (a-15) If an applicant applying for a Firearm Owner's 
23Identification Card moves from the residence address named in 
24the application, he or she shall immediately notify in a form 
25and manner prescribed by the Department of State Police of that 
26change of address.
 
 
09800SB2193ham001- 74 -LRB098 10174 MRW 46317 a


1 (a-20) Each applicant for a Firearm Owner's Identification 
2Card shall furnish to the Department of State Police his or her 
3photograph. An applicant who is 21 years of age or older 
4seeking a religious exemption to the photograph requirement 
5must furnish with the application an approved copy of United 
6States Department of the Treasury Internal Revenue Service Form 
74029. In lieu of a photograph, an applicant regardless of age 
8seeking a religious exemption to the photograph requirement 
9shall submit fingerprints on a form and manner prescribed by 
10the Department with his or her application. 
11 (b) Each application form shall include the following 
12statement printed in
bold type: "Warning: Entering false 
13information on an application for a Firearm
Owner's 
14Identification Card is punishable as a Class 2 felony in 
15accordance
with subsection (d-5) of Section 14 of the Firearm 
16Owners Identification Card
Act.".

17 (c) Upon such written consent, pursuant to Section 4, 
18paragraph (a)(2)(i),
the parent or legal guardian giving the 
19consent shall be liable for any
damages resulting from the 
20applicant's use of firearms or firearm ammunition.

21(Source: P.A. 97-158, eff. 1-1-12; 97-227, eff. 1-1-12; 97-813, 
22eff. 7-13-12; 97-1131, eff. 1-1-13.)


23 (Text of Section after amendment by P.A. 97-1167)
24 Sec. 4. (a) Each applicant for a Firearm Owner's 
25Identification Card must: 


 
 
09800SB2193ham001- 75 -LRB098 10174 MRW 46317 a


1  (1) Make application on blank forms prepared and 
2 furnished at convenient
locations throughout the State by 
3 the Department of State Police, or by
electronic means, if 
4 and when made available by the Department of State
Police; 
5 and


6  (2) Submit evidence to the Department of State Police 
7 that:


8   (i) He or she is 21 years of age or over, or if he 
9 or she is under 21
years of age that he or she has the 
10 written consent of his or her parent or
legal guardian 
11 to possess and acquire firearms and firearm ammunition 
12 and that
he or she has never been convicted of a 
13 misdemeanor other than a traffic
offense or adjudged

14 delinquent, provided, however, that such parent or 
15 legal guardian is not an
individual prohibited from 
16 having a Firearm Owner's Identification Card and
files 
17 an affidavit with the Department as prescribed by the 
18 Department
stating that he or she is not an individual 
19 prohibited from having a Card;


20   (ii) He or she has not been convicted of a felony 
21 under the laws of
this or any other jurisdiction;


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


23   (iv) He or she has not been a patient in a mental 
24 health facility institution within
the past 5 years or 
25 if he or she has been a patient in a mental health 
26 facility more than 5 years ago submit the certification 
 
 
09800SB2193ham001- 76 -LRB098 10174 MRW 46317 a


1 required under subsection (u) of Section 8 of this Act;


2   (v) He or she is not intellectually disabled;


3   (vi) He or she is not an alien who is unlawfully 
4 present in the
United States under the laws of the 
5 United States;


6   (vii) He or she is not subject to an existing order 
7 of protection
prohibiting him or her from possessing a 
8 firearm;


9   (viii) He or she has not been convicted within the 
10 past 5 years of
battery, assault, aggravated assault, 
11 violation of an order of
protection, or a substantially 
12 similar offense in another jurisdiction, in
which a 
13 firearm was used or possessed;


14   (ix) He or she has not been convicted of domestic 
15 battery, aggravated domestic battery, or a

16 substantially similar offense in another
jurisdiction 
17 committed before, on or after January 1, 2012 (the 
18 effective date of Public Act 97-158). If the applicant 
19 knowingly and intelligently waives the right to have an 
20 offense described in this clause (ix) tried by a jury, 
21 and by guilty plea or otherwise, results in a 
22 conviction for an offense in which a domestic 
23 relationship is not a required element of the offense 
24 but in which a determination of the applicability of 18 
25 U.S.C. 922(g)(9) is made under Section 112A-11.1 of the 
26 Code of Criminal Procedure of 1963, an entry by the 
 
 
09800SB2193ham001- 77 -LRB098 10174 MRW 46317 a


1 court of a judgment of conviction for that offense 
2 shall be grounds for denying the issuance of a Firearm 
3 Owner's Identification Card under this Section;


4   (x) (Blank);


5   (xi) He or she is not an alien who has been 
6 admitted to the United
States under a non-immigrant 
7 visa (as that term is defined in Section
101(a)(26) of 
8 the Immigration and Nationality Act (8 U.S.C. 
9 1101(a)(26))),
or that he or she is an alien who has 
10 been lawfully admitted to the United
States under a 
11 non-immigrant visa if that alien is:


12    (1) admitted to the United States for lawful 
13 hunting or sporting
purposes;


14    (2) an official representative of a foreign 
15 government who is:


16     (A) accredited to the United States 
17 Government or the Government's
mission to an 
18 international organization having its 
19 headquarters in the United
States; or


20     (B) en route to or from another country to 
21 which that alien is
accredited;


22    (3) an official of a foreign government or 
23 distinguished foreign
visitor who has been so 
24 designated by the Department of State;


25    (4) a foreign law enforcement officer of a 
26 friendly foreign
government entering the United 
 
 
09800SB2193ham001- 78 -LRB098 10174 MRW 46317 a


1 States on official business; or


2    (5) one who has received a waiver from the 
3 Attorney General of the
United States pursuant to 
4 18 U.S.C. 922(y)(3);


5   (xii) He or she is not a minor subject to a 
6 petition filed
under Section 5-520 of the Juvenile 
7 Court Act of 1987 alleging that the
minor is a 
8 delinquent minor for the commission of an offense that 
9 if
committed by an adult would be a felony;


10   (xiii) He or she is not an adult who had been 
11 adjudicated a delinquent
minor under the Juvenile 
12 Court Act of 1987 for the commission of an offense
that 
13 if committed by an adult would be a felony;

14   (xiv) He or she is a resident of the State of 
15 Illinois; and 
16   (xv) He or she has not been adjudicated as a 
17 mentally disabled person mental defective; and 
18   (xvi) He or she has not been involuntarily admitted 
19 into a mental health facility; and 
20   (xvii) He or she is not developmentally disabled; 
21 and 

22  (3) Upon request by the Department of State Police, 
23 sign a release on a
form prescribed by the Department of 
24 State Police waiving any right to
confidentiality and 
25 requesting the disclosure to the Department of State Police

26 of limited mental health institution admission information 
 
 
09800SB2193ham001- 79 -LRB098 10174 MRW 46317 a


1 from another state,
the District of Columbia, any other 
2 territory of the United States, or a
foreign nation 
3 concerning the applicant for the sole purpose of 
4 determining
whether the applicant is or was a patient in a 
5 mental health institution and
disqualified because of that 
6 status from receiving a Firearm Owner's
Identification 
7 Card. No mental health care or treatment records may be

8 requested. The information received shall be destroyed 
9 within one year of
receipt.

10 (a-5) Each applicant for a Firearm Owner's Identification 
11Card who is over
the age of 18 shall furnish to the Department 
12of State Police either his or
her Illinois driver's license 
13number or Illinois Identification Card number, except as

14provided in subsection (a-10).

15 (a-10) Each applicant for a Firearm Owner's Identification 
16Card,
who is employed as a law enforcement officer, an armed 
17security officer in Illinois, or by the United States Military

18permanently assigned in Illinois and who is not an Illinois 
19resident, shall furnish to
the Department of State Police his 
20or her driver's license number or state
identification card 
21number from his or her state of residence. The Department
of 
22State Police may adopt promulgate rules to enforce the 
23provisions of this
subsection (a-10).

24 (a-15) If an applicant applying for a Firearm Owner's 
25Identification Card moves from the residence address named in 
26the application, he or she shall immediately notify in a form 
 
 
09800SB2193ham001- 80 -LRB098 10174 MRW 46317 a


1and manner prescribed by the Department of State Police of that 
2change of address.
3 (a-20) Each applicant for a Firearm Owner's Identification 
4Card shall furnish to the Department of State Police his or her 
5photograph. An applicant who is 21 years of age or older 
6seeking a religious exemption to the photograph requirement 
7must furnish with the application an approved copy of United 
8States Department of the Treasury Internal Revenue Service Form 
94029. In lieu of a photograph, an applicant regardless of age 
10seeking a religious exemption to the photograph requirement 
11shall submit fingerprints on a form and manner prescribed by 
12the Department with his or her application. 
13 (b) Each application form shall include the following 
14statement printed in
bold type: "Warning: Entering false 
15information on an application for a Firearm
Owner's 
16Identification Card is punishable as a Class 2 felony in 
17accordance
with subsection (d-5) of Section 14 of the Firearm 
18Owners Identification Card
Act.".

19 (c) Upon such written consent, pursuant to Section 4, 
20paragraph (a)(2)(i),
the parent or legal guardian giving the 
21consent shall be liable for any
damages resulting from the 
22applicant's use of firearms or firearm ammunition.

23(Source: P.A. 97-158, eff. 1-1-12; 97-227, eff. 1-1-12; 97-813, 
24eff. 7-13-12; 97-1131, eff. 1-1-13; 97-1167, eff. 6-1-13.)




25 (430 ILCS 65/5) (from Ch. 38, par. 83-5)


 
 
09800SB2193ham001- 81 -LRB098 10174 MRW 46317 a


1 Sec. 5. The Department of State Police shall either approve 
2or
deny all applications within 30 days from the date they are 
3received,
and every applicant found qualified under pursuant to 
4Section 8 of this Act by
the Department shall be entitled to a 
5Firearm Owner's Identification
Card upon the payment of a $10 
6fee. Any applicant who is an active duty member of the Armed 
7Forces of the United States, a member of the Illinois National 
8Guard, or a member of the Reserve Forces of the United States 
9is exempt from the application fee. $6 of each fee derived from 
10the
issuance of Firearm Owner's Identification Cards, or 
11renewals thereof,
shall be deposited in the Wildlife and Fish 
12Fund in the State Treasury;
$1 of the such fee shall be 
13deposited in the State Police Services Fund and $3 of the such 
14fee shall be deposited in the
State Police Firearm Services 
15Fund. Firearm Owner's Notification Fund. Monies in the Firearm 
16Owner's
Notification Fund shall be used exclusively to pay for 
17the cost of sending
notices of expiration of Firearm Owner's 
18Identification Cards under Section
13.2 of this Act.
Excess 
19monies in the Firearm Owner's Notification Fund shall be used 
20to
ensure the prompt and efficient processing of applications 
21received under
Section 4 of this Act.

22(Source: P.A. 95-581, eff. 6-1-08; 96-91, eff. 7-27-09.)


23 (430 ILCS 65/5.1 new)
24 Sec. 5.1. State Police Firearm Services Fund. All moneys 
25remaining in the Firearm Owner's Notification Fund on the 
 
 
09800SB2193ham001- 82 -LRB098 10174 MRW 46317 a


1effective date of this
amendatory Act of the 98th General 
2Assembly shall be
transferred into the State Police Firearm 
3Services Fund, a special
fund created in the State treasury, to 
4be expended by the Department
of State Police, for the purposes 
5specified in this Act and Section 2605-595 of the Department of 
6State Police Law of the
Civil Administrative Code of Illinois.



7 (430 ILCS 65/8) (from Ch. 38, par. 83-8)

8 (Text of Section before amendment by P.A. 97-1167)

9 Sec. 8. The Department of State Police has authority to 
10deny an
application for or to revoke and seize a Firearm 
11Owner's Identification
Card previously issued under this Act 
12only if the Department finds that the
applicant or the person 
13to whom such card was issued is or was at the time
of issuance:

14 (a) A person under 21 years of age who has been convicted 
15of a
misdemeanor other than a traffic offense or adjudged 
16delinquent;

17 (b) A person under 21 years of age who does not have the 
18written consent
of his parent or guardian to acquire and 
19possess firearms and firearm
ammunition, or whose parent or 
20guardian has revoked such written consent,
or where such parent 
21or guardian does not qualify to have a Firearm Owner's

22Identification Card;

23 (c) A person convicted of a felony under the laws of this 
24or any other
jurisdiction;

25 (d) A person addicted to narcotics;

 
 
09800SB2193ham001- 83 -LRB098 10174 MRW 46317 a


1 (e) A person who has been a patient of a mental institution 
2within the
past 5 years or has been adjudicated as a mental 
3defective;

4 (f) A person whose mental condition is of such a nature 
5that it poses
a clear and present danger to the applicant, any 
6other person or persons or
the community;

7 For the purposes of this Section, "mental condition" means 
8a state of
mind manifested by violent, suicidal, threatening or 
9assaultive behavior.

10 (g) A person who is intellectually disabled;

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

13 (i) An alien who is unlawfully present in
the United States 
14under the laws of the United States;

15 (i-5) An alien who has been admitted to the United States 
16under a
non-immigrant visa (as that term is defined in Section 
17101(a)(26) of the
Immigration and Nationality Act (8 U.S.C. 
181101(a)(26))), except that this
subsection (i-5) does not apply 
19to any alien who has been lawfully admitted to
the United 
20States under a non-immigrant visa if that alien is:


21  (1) admitted to the United States for lawful hunting or 
22 sporting purposes;


23  (2) an official representative of a foreign government 
24 who is:


25   (A) accredited to the United States Government or 
26 the Government's
mission to an international 
 
 
09800SB2193ham001- 84 -LRB098 10174 MRW 46317 a


1 organization having its headquarters in the United

2 States; or


3   (B) en route to or from another country to which 
4 that alien is
accredited;


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


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


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

14 (j) (Blank);

15 (k) A person who has been convicted within the past 5 years 
16of battery,
assault, aggravated assault, violation of an order 
17of protection, or a
substantially similar offense in another 
18jurisdiction, in which a firearm was
used or possessed;

19 (l) A person who has been convicted of domestic battery, 
20aggravated domestic battery, or a substantially
similar 
21offense in another jurisdiction committed before, on or after 
22January 1, 2012 (the effective date of Public Act 97-158). If 
23the applicant or person who has been previously issued a 
24Firearm Owner's Identification Card under this Act knowingly 
25and intelligently waives the right to have an offense described 
26in this paragraph (l) tried by a jury, and by guilty plea or 
 
 
09800SB2193ham001- 85 -LRB098 10174 MRW 46317 a


1otherwise, results in a conviction for an offense in which a 
2domestic relationship is not a required element of the offense 
3but in which a determination of the applicability of 18 U.S.C. 
4922(g)(9) is made under Section 112A-11.1 of the Code of 
5Criminal Procedure of 1963, an entry by the court of a judgment 
6of conviction for that offense shall be grounds for denying an 
7application for and for revoking and seizing a Firearm Owner's 
8Identification Card previously issued to the person under this 
9Act;

10 (m) (Blank);

11 (n) A person who is prohibited from acquiring or possessing

12firearms or firearm ammunition by any Illinois State statute or 
13by federal
law;

14 (o) A minor subject to a petition filed under Section 5-520 
15of the
Juvenile Court Act of 1987 alleging that the minor is a 
16delinquent minor for
the commission of an offense that if 
17committed by an adult would be a felony;


18 (p) An adult who had been adjudicated a delinquent minor 
19under the Juvenile
Court Act of 1987 for the commission of an 
20offense that if committed by an
adult would be a felony; or

21 (q) A person who is not a resident of the State of 
22Illinois, except as provided in subsection (a-10) of Section 4. 
23(Source: P.A. 96-701, eff. 1-1-10; 97-158, eff. 1-1-12; 97-227, 
24eff. 1-1-12; 97-813, eff. 7-13-12; 97-1131, eff. 1-1-13.)


25 (Text of Section after amendment by P.A. 97-1167)
 
 
09800SB2193ham001- 86 -LRB098 10174 MRW 46317 a


1 Sec. 8. The Department of State Police has authority to 
2deny an
application for or to revoke and seize a Firearm 
3Owner's Identification
Card previously issued under this Act 
4only if the Department finds that the
applicant or the person 
5to whom such card was issued is or was at the time
of issuance:

6 (a) A person under 21 years of age who has been convicted 
7of a
misdemeanor other than a traffic offense or adjudged 
8delinquent;

9 (b) A person under 21 years of age who does not have the 
10written consent
of his parent or guardian to acquire and 
11possess firearms and firearm
ammunition, or whose parent or 
12guardian has revoked such written consent,
or where such parent 
13or guardian does not qualify to have a Firearm Owner's

14Identification Card;

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

17 (d) A person addicted to narcotics;

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

5 (f) A person whose mental condition is of such a nature 
6that it poses
a clear and present danger to the applicant, any 
7other person or persons or
the community;

8 For the purposes of this Section, "mental condition" means 
9a state of
mind manifested by violent, suicidal, threatening or 
10assaultive behavior.

11 (g) A person who is intellectually disabled;

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

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

16 (i-5) An alien who has been admitted to the United States 
17under a
non-immigrant visa (as that term is defined in Section 
18101(a)(26) of the
Immigration and Nationality Act (8 U.S.C. 
191101(a)(26))), except that this
subsection (i-5) does not apply 
20to any alien who has been lawfully admitted to
the United 
21States under a non-immigrant visa if that alien is:


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


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


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

3 States; or


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


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


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


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

15 (j) (Blank);

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

20 (l) A person who has been convicted of domestic battery, 
21aggravated domestic battery, or a substantially
similar 
22offense in another jurisdiction committed before, on or after 
23January 1, 2012 (the effective date of Public Act 97-158). If 
24the applicant or person who has been previously issued a 
25Firearm Owner's Identification Card under this Act knowingly 
26and intelligently waives the right to have an offense described 
 
 
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1in this paragraph (l) tried by a jury, and by guilty plea or 
2otherwise, results in a conviction for an offense in which a 
3domestic relationship is not a required element of the offense 
4but in which a determination of the applicability of 18 U.S.C. 
5922(g)(9) is made under Section 112A-11.1 of the Code of 
6Criminal Procedure of 1963, an entry by the court of a judgment 
7of conviction for that offense shall be grounds for denying an 
8application for and for revoking and seizing a Firearm Owner's 
9Identification Card previously issued to the person under this 
10Act;

11 (m) (Blank);

12 (n) A person who is prohibited from acquiring or possessing

13firearms or firearm ammunition by any Illinois State statute or 
14by federal
law;

15 (o) A minor subject to a petition filed under Section 5-520 
16of the
Juvenile Court Act of 1987 alleging that the minor is a 
17delinquent minor for
the commission of an offense that if 
18committed by an adult would be a felony;


19 (p) An adult who had been adjudicated a delinquent minor 
20under the Juvenile
Court Act of 1987 for the commission of an 
21offense that if committed by an
adult would be a felony;

22 (q) A person who is not a resident of the State of 
23Illinois, except as provided in subsection (a-10) of Section 4; 
24or 
25 (r) A person who has been adjudicated as a mentally 
26disabled person; mental defective. 
 
 
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1 (s) A person who has been found to be developmentally 
2disabled; 
3 (t) A person involuntarily admitted into a mental health 
4facility; 
5 (u) A person who has had his or her Firearm Owner's 
6Identification Card revoked or denied under subsection (e) of 
7this Section or item (iv) of Section 4 of this Act because he 
8or she was a patient in a mental health facility as provided in 
9item (2) of subsection (e) of this Section, shall not be 
10permitted to obtain a Firearm Owner's Identification Card, 
11after the 5 year period has lapsed, unless he or she has 
12received a mental health evaluation by a physician, clinical 
13psychologist, or qualified examiner as those terms are defined 
14in the Mental Health and Developmental Disabilities Code, and 
15has received a certification that he or she is not a clear and 
16present danger to himself, herself, or others. The physician, 
17clinical psychologist, or qualified examiner making the 
18certification shall not be held criminally, civilly, or 
19professionally liable for making or not making the 
20certification required under this subsection, except for 
21willful or wanton misconduct. This subsection does not apply to 
22a person whose firearm possession rights have been restored 
23through administrative or judicial action under Section 10 or 
2411 of this Act; or 
25 (v) Upon revocation of a person's Firearm Owner's 
26Identification Card, the Department of State Police shall 
 
 
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1provide notice to the person and the person shall comply with 
2Section 9.5 of this Act. 
3(Source: P.A. 96-701, eff. 1-1-10; 97-158, eff. 1-1-12; 97-227, 
4eff. 1-1-12; 97-813, eff. 7-13-12; 97-1131, eff. 1-1-13; 
597-1167, eff. 6-1-13.)




6 (430 ILCS 65/8.1) (from Ch. 38, par. 83-8.1)



7 Sec. 8.1. Notifications to the Circuit Clerk to notify 
8Department of State Police.

9 (a) The Circuit Clerk shall, in the form and manner 
10required by the
Supreme Court, notify the Department of State 
11Police of all final dispositions
of cases for which the 
12Department has received information reported to it under

13Sections 2.1 and 2.2 of the Criminal Identification Act.

14 (b) Upon adjudication of any individual as a mentally 
15disabled person mental defective, as defined in Section 1.1 of 
16this Act or as provided in paragraph (3.5) of subsection (c) of 
17Section 104-26 of the Code of Criminal Procedure of 1963, the 
18court shall direct the circuit court clerk to immediately 
19notify the Department of State Police, Firearm Owner's 
20Identification (FOID) department, and shall forward a copy of 
21the court order to the Department.
22 (c) The Department of Human Services shall, in the form and 
23manner prescribed by the Department of State Police, report all 
24information collected under subsection (b) of Section 12 of the 
25Mental Health and Developmental Disabilities Confidentiality 
 
 
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1Act for the purpose of determining whether a person who may be 
2or may have been a patient in a mental health facility is 
3disqualified under State or federal law from receiving or 
4retaining a Firearm Owner's Identification Card, or purchasing 
5a weapon.
6 (d) If a person is determined to pose a clear and present 
7danger to himself, herself, or to others by a physician, 
8clinical psychologist, qualified examiner, law enforcement 
9official, or school administrator, or is determined to be 
10developmentally disabled by a physician, clinical 
11psychologist, or qualified examiner, whether employed by the 
12State or by a private mental health facility, the physician, 
13clinical psychologist, or qualified examiner shall, within 24 
14hours, notify the Department of Human Services that the person 
15poses a clear and present danger. The Department of Human 
16Services shall immediately update the files relating to mental 
17health and developmental disabilities, or if appropriate, 
18shall notify the Department of State Police in a form and 
19manner prescribed by the Department of State Police. The 
20Department of State Police shall determine whether to revoke 
21the person's Firearm Owner's Identification Card under Section 
228 of this Act. Any information disclosed under this subsection 
23shall remain privileged and confidential, and shall not be 
24redisclosed, except as required under subsection (e) of Section 
253.1 of this Act, nor used for any other purpose. The method of 
26providing this information shall guarantee that the 
 
 
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1information is not released beyond what is necessary for the 
2purpose of this Section. The identity of the person reporting 
3under this Section shall not be disclosed to the subject of the 
4report. The physician, clinical psychologist, qualified 
5examiner, law enforcement official, or school administrator 
6making the determination shall not be held criminally, civilly, 
7or professionally liable for making or not making the 
8notification required under this subsection, except for 
9willful or wanton misconduct.
10 (e) The Department of State Police shall adopt rules to 
11implement this Section. 
12(Source: P.A. 97-1131, eff. 1-1-13.)





13 (430 ILCS 65/9) (from Ch. 38, par. 83-9)



14 Sec. 9. 
Every person whose application for a Firearm 
15Owner's Identification
Card is denied, and every holder of such 
16a Card whose Card is revoked
or seized, shall receive a written 
17notice from the Department of State
Police stating specifically 
18the grounds upon which
his application has
been denied or upon 
19which his Identification Card has been revoked. The written 
20notice shall include the requirements of Section 9.5 of this 
21Act and the persons's right to administrative or judicial 
22review under Section 10 and 11 of this Act. A copy of the 
23written notice shall be provided to the sheriff and law 
24enforcement agency where the person resides. 

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


 
 
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1 (430 ILCS 65/9.5 new)
2 Sec. 9.5. Revocation of Firearm Owner's Identification

3Card.
4 (a) A person who receives a revocation notice under Section 
59 of this Act shall, within 48 hours of receiving notice of the 
6revocation:
7  (1) surrender his or her Firearm Owner's 
8 Identification Card to the local law enforcement agency 
9 where the person resides. The local law enforcement agency 
10 shall provide the person a receipt and transmit the Firearm 
11 Owner's Identification Card to the Department of State 
12 Police; and
13  (2) complete a Firearm Disposition Record on a form 
14 prescribed by the Department of State Police and place his 
15 or her firearms in the location or with the person reported 
16 in the Firearm Disposition Record. The form shall require 
17 the person to disclose:
18   (A) the make, model, and serial number of all 
19 firearms owned by or under the custody and control of 
20 the revoked person;
21   (B) the location where the firearms will be 
22 maintained during the prohibited term; and
23   (C) if the firearms will be transferred to the 
24 custody of another person, the name, address and 
25 Firearm Owner's Identification Card number of the 
 
 
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1 transferee.
2 (b) The local law enforcement agency shall provide a copy 
3of the Firearm Disposition Record to the person whose Firearm 
4Owner's Identification Card has been revoked and to the 
5Department of State Police.
6 (c) If the person whose Firearm Owner's Identification Card 
7has been revoked fails to comply with the requirements of this 
8Section, the sheriff or law enforcement agency where the person 
9resides may petition the circuit court to issue a warrant to 
10search for and seize the Firearm Owner's Identification Card 
11and firearms in the possession and under the custody or control 
12of the person whose Firearm Owner's Identification Card has 
13been revoked.
14 (d) A violation of subsection (a) of this Section is a 
15Class A misdemeanor.
16 (e) The observation of a Firearm Owner's Identification 
17Card in the possession of a person whose Firearm Owner's 
18Identification Card has been revoked constitutes a sufficient 
19basis for the arrest of that person for violation of this 
20Section.
21 (f) Within 30 days after the effective date of this 
22amendatory Act of the 98th General Assembly, the Department of 
23State Police shall provide written notice of the requirements 
24of this Section to persons whose Firearm Owner's Identification 
25Cards have been revoked, suspended, or expired and who have 
26failed to surrender their cards to the Department.
 
 
09800SB2193ham001- 96 -LRB098 10174 MRW 46317 a


1 (g) Persons whose Firearm Owner's Identification Cards 
2have been revoked and who receive notice under subsection (f) 
3shall comply with the requirements of this Section within 48 
4hours of receiving notice. 



5 (430 ILCS 65/10) (from Ch. 38, par. 83-10)



6 (Text of Section before amendment by P.A. 97-1167)

7 Sec. 10. Appeal to director; hearing; relief from firearm 
8prohibitions.  
9 (a) Whenever an application for a Firearm Owner's 
10Identification
Card is denied, whenever the Department fails to 
11act on an application
within 30 days of its receipt, or 
12whenever such a Card is revoked or seized
as provided for in 
13Section 8 of this Act, the aggrieved party may
appeal
to the 
14Director of State Police for a hearing upon
such denial, 
15revocation or seizure, unless the denial, revocation, or 
16seizure
was based upon a forcible felony, stalking, aggravated 
17stalking, domestic
battery, any violation of the Illinois 
18Controlled Substances Act, the Methamphetamine Control and 
19Community Protection Act, or the
Cannabis Control Act that is 
20classified as a Class 2 or greater felony,
any
felony violation 
21of Article 24 of the Criminal Code of 1961 or the Criminal Code 
22of 2012, or any
adjudication as a delinquent minor for the 
23commission of an
offense that if committed by an adult would be 
24a felony, in which case the
aggrieved party may petition the 
25circuit court in writing in the county of
his or her residence 
 
 
09800SB2193ham001- 97 -LRB098 10174 MRW 46317 a


1for a hearing upon such denial, revocation, or seizure.

2 (b) At least 30 days before any hearing in the circuit 
3court, the
petitioner shall serve the
relevant State's Attorney 
4with a copy of the petition. The State's Attorney
may object to 
5the petition and present evidence. At the hearing the court

6shall
determine whether substantial justice has been done. 
7Should the court
determine that substantial justice has not 
8been done, the court shall issue an
order directing the 
9Department of State Police to issue a Card. However, the court 
10shall not issue the order if the petitioner is otherwise 
11prohibited from obtaining, possessing, or using a firearm under

12federal law. 

13 (c) Any person prohibited from possessing a firearm under 
14Sections 24-1.1
or 24-3.1 of the Criminal Code of 2012 or 
15acquiring a Firearm Owner's
Identification Card under Section 8 
16of this Act may apply to
the Director
of State Police
or 
17petition the circuit court in the county where the petitioner 
18resides,
whichever is applicable in accordance with subsection 
19(a) of this Section,
requesting relief
from such prohibition 
20and the Director or court may grant such relief if it
is

21established by the applicant to the court's or Director's 
22satisfaction
that:


23  (0.05) when in the circuit court, the State's Attorney 
24 has been served
with a written
copy of the
petition at 
25 least 30 days before any such hearing in the circuit court 
26 and at
the hearing the
State's Attorney was afforded an 
 
 
09800SB2193ham001- 98 -LRB098 10174 MRW 46317 a


1 opportunity to present evidence and object to
the petition;


2  (1) the applicant has not been convicted of a forcible 
3 felony under the
laws of this State or any other 
4 jurisdiction within 20 years of the
applicant's 
5 application for a Firearm Owner's Identification Card, or 
6 at
least 20 years have passed since the end of any period 
7 of imprisonment
imposed in relation to that conviction;


8  (2) the circumstances regarding a criminal conviction, 
9 where applicable,
the applicant's criminal history and his 
10 reputation are such that the applicant
will not be likely 
11 to act in a manner dangerous to public safety;


12  (3) granting relief would not be contrary to the public 
13 interest; and
14  (4) granting relief would not be contrary to federal 
15 law.

16 (d) When a minor is adjudicated delinquent for an offense 
17which if
committed by an adult would be a felony, the court 
18shall notify the Department
of State Police.

19 (e) The court shall review the denial of an application or 
20the revocation of
a Firearm Owner's Identification Card of a 
21person who has been adjudicated
delinquent for an offense that 
22if
committed by an adult would be a felony if an
application 
23for relief has been filed at least 10 years after the 
24adjudication
of delinquency and the court determines that the 
25applicant should be
granted relief from disability to obtain a 
26Firearm Owner's Identification Card.
If the court grants 
 
 
09800SB2193ham001- 99 -LRB098 10174 MRW 46317 a


1relief, the court shall notify the Department of State
Police 
2that the disability has
been removed and that the applicant is 
3eligible to obtain a Firearm Owner's
Identification Card.

4 (f) Any person who is subject to the disabilities of 18 
5U.S.C. 922(d)(4) and 922(g)(4) of the federal Gun Control Act 
6of 1968 because of an adjudication or commitment that occurred 
7under the laws of this State or who was determined to be 
8subject to the provisions of subsections (e), (f), or (g) of 
9Section 8 of this Act may apply to the Department of State 
10Police requesting relief from that prohibition. The Director 
11shall grant the relief if it is established by a preponderance 
12of the evidence that the person will not be likely to act in a 
13manner dangerous to public safety and that granting relief 
14would not be contrary to the public interest. In making this 
15determination, the Director shall receive evidence concerning 
16(i) the circumstances regarding the firearms disabilities from 
17which relief is sought; (ii) the petitioner's mental health and 
18criminal history records, if any; (iii) the petitioner's 
19reputation, developed at a minimum through character witness 
20statements, testimony, or other character evidence; and (iv) 
21changes in the petitioner's condition or circumstances since 
22the disqualifying events relevant to the relief sought. If 
23relief is granted under this subsection or by order of a court 
24under this Section, the Director shall as soon as practicable 
25but in no case later than 15 business days, update, correct, 
26modify, or remove the person's record in any database that the 
 
 
09800SB2193ham001- 100 -LRB098 10174 MRW 46317 a


1Department of State Police makes available to the National 
2Instant Criminal Background Check System and notify the United 
3States Attorney General that the basis for the record being 
4made available no longer applies. The Department of State 
5Police shall adopt rules for the administration of this 
6subsection (f).
7(Source: P.A. 96-1368, eff. 7-28-10; 97-1131, eff. 1-1-13; 
897-1150, eff. 1-25-13.)


9 (Text of Section after amendment by P.A. 97-1167)

10 Sec. 10. Appeal to director; hearing; relief from firearm 
11prohibitions.  
12 (a) Whenever an application for a Firearm Owner's 
13Identification
Card is denied, whenever the Department fails to 
14act on an application
within 30 days of its receipt, or 
15whenever such a Card is revoked or seized
as provided for in 
16Section 8 of this Act, the aggrieved party may
appeal
to the 
17Director of State Police for a hearing upon
such denial, 
18revocation or seizure, unless the denial, revocation, or 
19seizure
was based upon a forcible felony, stalking, aggravated 
20stalking, domestic
battery, any violation of the Illinois 
21Controlled Substances Act, the Methamphetamine Control and 
22Community Protection Act, or the
Cannabis Control Act that is 
23classified as a Class 2 or greater felony,
any
felony violation 
24of Article 24 of the Criminal Code of 1961 or the Criminal Code 
25of 2012, or any
adjudication as a delinquent minor for the 
 
 
09800SB2193ham001- 101 -LRB098 10174 MRW 46317 a


1commission of an
offense that if committed by an adult would be 
2a felony, in which case the
aggrieved party may petition the 
3circuit court in writing in the county of
his or her residence 
4for a hearing upon such denial, revocation, or seizure.

5 (b) At least 30 days before any hearing in the circuit 
6court, the
petitioner shall serve the
relevant State's Attorney 
7with a copy of the petition. The State's Attorney
may object to 
8the petition and present evidence. At the hearing the court

9shall
determine whether substantial justice has been done. 
10Should the court
determine that substantial justice has not 
11been done, the court shall issue an
order directing the 
12Department of State Police to issue a Card. However, the court 
13shall not issue the order if the petitioner is otherwise 
14prohibited from obtaining, possessing, or using a firearm under

15federal law. 

16 (c) Any person prohibited from possessing a firearm under 
17Sections 24-1.1
or 24-3.1 of the Criminal Code of 2012 or 
18acquiring a Firearm Owner's
Identification Card under Section 8 
19of this Act may apply to
the Director
of State Police
or 
20petition the circuit court in the county where the petitioner 
21resides,
whichever is applicable in accordance with subsection 
22(a) of this Section,
requesting relief
from such prohibition 
23and the Director or court may grant such relief if it
is

24established by the applicant to the court's or Director's 
25satisfaction
that:


26  (0.05) when in the circuit court, the State's Attorney 
 
 
09800SB2193ham001- 102 -LRB098 10174 MRW 46317 a


1 has been served
with a written
copy of the
petition at 
2 least 30 days before any such hearing in the circuit court 
3 and at
the hearing the
State's Attorney was afforded an 
4 opportunity to present evidence and object to
the petition;


5  (1) the applicant has not been convicted of a forcible 
6 felony under the
laws of this State or any other 
7 jurisdiction within 20 years of the
applicant's 
8 application for a Firearm Owner's Identification Card, or 
9 at
least 20 years have passed since the end of any period 
10 of imprisonment
imposed in relation to that conviction;


11  (2) the circumstances regarding a criminal conviction, 
12 where applicable,
the applicant's criminal history and his 
13 reputation are such that the applicant
will not be likely 
14 to act in a manner dangerous to public safety;


15  (3) granting relief would not be contrary to the public 
16 interest; and
17  (4) granting relief would not be contrary to federal 
18 law.

19  (c-5) (1) An active law enforcement officer employed by 
20 a unit of government, who is denied, revoked, or has his or 
21 her Firearm Owner's Identification Card seized under 
22 subsection (e) of Section 8 of this Act may apply to the 
23 Director of State Police requesting relief if the officer 
24 did not act in a manner threatening to the officer, another 
25 person, or the public as determined by the treating 
26 clinical psychologist or physician, and as a result of his 
 
 
09800SB2193ham001- 103 -LRB098 10174 MRW 46317 a


1 or her work is referred by the employer for or voluntarily 
2 seeks mental health evaluation or treatment by a licensed 
3 clinical psychologist, psychiatrist, or qualified 
4 examiner, and:
5   (A) the officer has not received treatment 
6 involuntarily at a mental health facility institution, 
7 regardless of the length of admission; or has not been 
8 voluntarily admitted to a mental health facility 
9 institution for more than 30 days and not for more than 
10 one incident within the past 5 years; and
11   (B) the officer has not left the mental institution 
12 against medical advice.
13  (2) The Director of State Police shall grant expedited 
14 relief to active law enforcement officers described in 
15 paragraph (1) of this subsection (c-5) upon a determination 
16 by the Director that the officer's possession of a firearm 
17 does not present a threat to themselves, others, or public 
18 safety. The Director shall act on the request for relief 
19 within 30 business days of receipt of:
20   (A) a notarized statement from the officer in the 
21 form prescribed by the Director detailing the 
22 circumstances that led to the hospitalization;
23   (B) all documentation regarding the admission, 
24 evaluation, treatment and discharge from the treating 
25 licensed clinical psychologist or psychiatrist of the 
26 officer;
 
 
09800SB2193ham001- 104 -LRB098 10174 MRW 46317 a


1   (C) a psychological fitness for duty evaluation of 
2 the person completed after the time of discharge; and
3   (D) written confirmation in the form prescribed by 
4 the Director from the treating licensed clinical 
5 psychologist or psychiatrist that the provisions set 
6 forth in paragraph (1) of this subsection (c-5) have 
7 been met, the person successfully completed treatment, 
8 and their professional opinion regarding the person's 
9 ability to possess firearms.
10  (3) Officers eligible for the expedited relief in 
11 paragraph (2) of this subsection (c-5) have the burden of 
12 proof on eligibility and must provide all information 
13 required. The Director may not consider granting expedited 
14 relief until the proof and information is received.
15  (4) "Clinical psychologist", "psychiatrist", and 
16 "qualified examiner" shall have the same meaning as 
17 provided in Chapter 1 of the Mental Health and 
18 Developmental Disabilities Code. 
19 (d) When a minor is adjudicated delinquent for an offense 
20which if
committed by an adult would be a felony, the court 
21shall notify the Department
of State Police.

22 (e) The court shall review the denial of an application or 
23the revocation of
a Firearm Owner's Identification Card of a 
24person who has been adjudicated
delinquent for an offense that 
25if
committed by an adult would be a felony if an
application 
26for relief has been filed at least 10 years after the 
 
 
09800SB2193ham001- 105 -LRB098 10174 MRW 46317 a


1adjudication
of delinquency and the court determines that the 
2applicant should be
granted relief from disability to obtain a 
3Firearm Owner's Identification Card.
If the court grants 
4relief, the court shall notify the Department of State
Police 
5that the disability has
been removed and that the applicant is 
6eligible to obtain a Firearm Owner's
Identification Card.

7 (f) Any person who is subject to the disabilities of 18 
8U.S.C. 922(d)(4) and 922(g)(4) of the federal Gun Control Act 
9of 1968 because of an adjudication or commitment that occurred 
10under the laws of this State or who was determined to be 
11subject to the provisions of subsections (e), (f), or (g) of 
12Section 8 of this Act may apply to the Department of State 
13Police requesting relief from that prohibition. The Director 
14shall grant the relief if it is established by a preponderance 
15of the evidence that the person will not be likely to act in a 
16manner dangerous to public safety and that granting relief 
17would not be contrary to the public interest. In making this 
18determination, the Director shall receive evidence concerning 
19(i) the circumstances regarding the firearms disabilities from 
20which relief is sought; (ii) the petitioner's mental health and 
21criminal history records, if any; (iii) the petitioner's 
22reputation, developed at a minimum through character witness 
23statements, testimony, or other character evidence; and (iv) 
24changes in the petitioner's condition or circumstances since 
25the disqualifying events relevant to the relief sought. If 
26relief is granted under this subsection or by order of a court 
 
 
09800SB2193ham001- 106 -LRB098 10174 MRW 46317 a


1under this Section, the Director shall as soon as practicable 
2but in no case later than 15 business days, update, correct, 
3modify, or remove the person's record in any database that the 
4Department of State Police makes available to the National 
5Instant Criminal Background Check System and notify the United 
6States Attorney General that the basis for the record being 
7made available no longer applies. The Department of State 
8Police shall adopt rules for the administration of this Section 
9subsection (f).
10(Source: P.A. 96-1368, eff. 7-28-10; 97-1131, eff. 1-1-13; 
1197-1150, eff. 1-25-13; 97-1167, eff. 6-1-13.)





12 (430 ILCS 65/13.2) (from Ch. 38, par. 83-13.2)



13 Sec. 13.2. 
The Department of State Police shall, 60 days

14prior to the expiration of a Firearm Owner's Identification 
15Card,
forward by first class mail to each person whose card is 
16to expire a
notification of the
expiration of the card and an 
17application which may be used to
apply for renewal of the card.

18It is the obligation of the holder of a Firearm Owner's 
19Identification Card
to notify the Department of State Police of 
20any address change since the
issuance of
the Firearm Owner's 
21Identification Card. Whenever any person moves from the 
22residence address named on his or her card, the person shall 
23within 21 calendar days thereafter notify in a form and manner 
24prescribed by the Department of his or her old and new 
25residence addresses and the card number held by him or her. Any 
 
 
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1person whose legal name has changed from the name on the card 
2that he or she has been previously issued must apply for a 
3corrected card within 30 calendar days after the change. The 
4cost for a corrected card shall be $5 which shall be deposited 
5into the State Police Firearm Services Fund Firearm Owner's 
6Notification Fund. 

7(Source: P.A. 97-1131, eff. 1-1-13.)


8 Section 155. The Criminal Code of 2012 is amended by 
9changing Sections 24-1.6 and 24-2 as follows:

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

15 (e) The possession of each firearm in violation of this 
16Section constitutes a single and separate violation.
17(Source: P.A. 95-331, eff. 8-21-07; 96-742, eff. 8-25-09; 
1896-829, eff. 12-3-09; 96-1107, eff. 1-1-11.)



19 (720 ILCS 5/24-2)



20 Sec. 24-2. Exemptions. 

21 (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and 
2224-1(a)(13) and Section
24-1.6 do not apply to
or affect any of 
23the following:


24  (1) Peace officers, and any person summoned by a peace 
25 officer to
assist in making arrests or preserving the 
 
 
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1 peace, while actually engaged in
assisting such officer.


2  (2) Wardens, superintendents and keepers of prisons,

3 penitentiaries, jails and other institutions for the 
4 detention of persons
accused or convicted of an offense, 
5 while in the performance of their
official duty, or while 
6 commuting between their homes and places of employment.


7  (3) Members of the Armed Services or Reserve Forces of 
8 the United States
or the Illinois National Guard or the 
9 Reserve Officers Training Corps,
while in the performance 
10 of their official duty.


11  (4) Special agents employed by a railroad or a public 
12 utility to
perform police functions, and guards of armored 
13 car companies, while
actually engaged in the performance of 
14 the duties of their employment or
commuting between their 
15 homes and places of employment; and watchmen
while actually 
16 engaged in the performance of the duties of their 
17 employment.


18  (5) Persons licensed as private security contractors, 
19 private
detectives, or private alarm contractors, or 
20 employed by an agency
certified by the Department of 
21 Financial and Professional Regulation, if their duties

22 include the carrying of a weapon under the provisions of 
23 the Private
Detective, Private Alarm,
Private Security, 
24 Fingerprint Vendor, and Locksmith Act of 2004,
while 
25 actually
engaged in the performance of the duties of their 
26 employment or commuting
between their homes and places of 
 
 
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1 employment, provided that such commuting
is accomplished 
2 within one hour from departure from home or place of

3 employment, as the case may be. A person shall be 
4 considered eligible for this
exemption if he or she has 
5 completed the required 20
hours of training for a private 
6 security contractor, private
detective, or private alarm 
7 contractor, or employee of a licensed agency and 20 hours 
8 of required firearm
training, and has been issued a firearm 
9 control card by
the Department of Financial and 
10 Professional Regulation. Conditions for the renewal of

11 firearm control cards issued under the provisions of this 
12 Section
shall be the same as for those cards issued under 
13 the provisions of the
Private Detective, Private Alarm,

14 Private Security, Fingerprint Vendor, and Locksmith Act of 
15 2004. The
firearm control card shall be carried by the 
16 private security contractor, private
detective, or private 
17 alarm contractor, or employee of the licensed agency at all

18 times when he or she is in possession of a concealable 
19 weapon.


20  (6) Any person regularly employed in a commercial or 
21 industrial
operation as a security guard for the protection 
22 of persons employed
and private property related to such 
23 commercial or industrial
operation, while actually engaged 
24 in the performance of his or her
duty or traveling between 
25 sites or properties belonging to the
employer, and who, as 
26 a security guard, is a member of a security force of
at 
 
 
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1 least 5 persons registered with the Department of Financial 
2 and Professional
Regulation; provided that such security 
3 guard has successfully completed a
course of study, 
4 approved by and supervised by the Department of
Financial 
5 and Professional Regulation, consisting of not less than 40 
6 hours of training
that includes the theory of law 
7 enforcement, liability for acts, and the
handling of 
8 weapons. A person shall be considered eligible for this

9 exemption if he or she has completed the required 20
hours 
10 of training for a security officer and 20 hours of required 
11 firearm
training, and has been issued a firearm control 
12 card by
the Department of Financial and Professional 
13 Regulation. Conditions for the renewal of
firearm control 
14 cards issued under the provisions of this Section
shall be 
15 the same as for those cards issued under the provisions of 
16 the
Private Detective, Private Alarm,
Private Security, 
17 Fingerprint Vendor, and Locksmith Act of 2004. The
firearm 
18 control card shall be carried by the security guard at all

19 times when he or she is in possession of a concealable 
20 weapon.


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 for the 
 
 
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1 protection of
other employees and property related to such 
2 financial institution, while
actually engaged in the 
3 performance of their duties, commuting between
their homes 
4 and places of employment, or traveling between sites or

5 properties owned or operated by such financial 
6 institution, provided that
any person so employed has 
7 successfully completed a course of study,
approved by and 
8 supervised by the Department of Financial and Professional 
9 Regulation,
consisting of not less than 40 hours of 
10 training which includes theory of
law enforcement, 
11 liability for acts, and the handling of weapons.
A person 
12 shall be considered to be eligible for this exemption if he 
13 or
she has completed the required 20 hours of training for 
14 a security officer
and 20 hours of required firearm 
15 training, and has been issued a
firearm control card by the 
16 Department of Financial and Professional Regulation.

17 Conditions for renewal of firearm control cards issued 
18 under the
provisions of this Section shall be the same as 
19 for those issued under the
provisions of the Private 
20 Detective, Private Alarm,
Private Security, Fingerprint 
21 Vendor, and Locksmith Act of 2004.
Such firearm control 
22 card shall be carried by the person so
trained at all times 
23 when such person is in possession of a concealable
weapon. 
24 For purposes of this subsection, "financial institution" 
25 means a
bank, savings and loan association, credit union or 
26 company providing
armored car services.


 
 
09800SB2193ham001- 116 -LRB098 10174 MRW 46317 a


1  (9) Any person employed by an armored car company to 
2 drive an armored
car, while actually engaged in the 
3 performance of his duties.


4  (10) Persons who have been classified as peace officers 
5 pursuant
to the Peace Officer Fire Investigation Act.


6  (11) Investigators of the Office of the State's 
7 Attorneys Appellate
Prosecutor authorized by the board of 
8 governors of the Office of the
State's Attorneys Appellate 
9 Prosecutor to carry weapons pursuant to
Section 7.06 of the 
10 State's Attorneys Appellate Prosecutor's Act.


11  (12) Special investigators appointed by a State's 
12 Attorney under
Section 3-9005 of the Counties Code.


13  (12.5) Probation officers while in the performance of 
14 their duties, or
while commuting between their homes, 
15 places of employment or specific locations
that are part of 
16 their assigned duties, with the consent of the chief judge 
17 of
the circuit for which they are employed.


18  (13) Court Security Officers while in the performance 
19 of their official
duties, or while commuting between their 
20 homes and places of employment, with
the
consent of the 
21 Sheriff.


22  (13.5) A person employed as an armed security guard at 
23 a nuclear energy,
storage, weapons or development site or 
24 facility regulated by the Nuclear
Regulatory Commission 
25 who has completed the background screening and training

26 mandated by the rules and regulations of the Nuclear 
 
 
09800SB2193ham001- 117 -LRB098 10174 MRW 46317 a


1 Regulatory Commission.


2  (14) Manufacture, transportation, or sale of weapons 
3 to
persons
authorized under subdivisions (1) through 
4 (13.5) of this
subsection
to
possess those weapons.

5 (a-5) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply 
6to
or affect any person carrying a concealed pistol, revolver, 
7or handgun and the person has been issued a currently valid 
8license under the Firearm Concealed Carry Act at the time of 
9the commission of the offense. 
10 (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section 
1124-1.6 do not
apply to or affect
any of the following:


12  (1) Members of any club or organization organized for 
13 the purpose of
practicing shooting at targets upon 
14 established target ranges, whether
public or private, and 
15 patrons of such ranges, while such members
or patrons are 
16 using their firearms on those target ranges.


17  (2) Duly authorized military or civil organizations 
18 while parading,
with the special permission of the 
19 Governor.


20  (3) Hunters, trappers or fishermen with a license or

21 permit while engaged in hunting,
trapping or fishing.


22  (4) Transportation of weapons that are broken down in a

23 non-functioning state or are not immediately accessible.

24  (5) Carrying or possessing any pistol, revolver, stun 
25 gun or taser or other firearm on the land or in the legal 
26 dwelling of another person as an invitee with that person's 
 
 
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1 permission. 
2 (c) Subsection 24-1(a)(7) does not apply to or affect any 
3of the
following:


4  (1) Peace officers while in performance of their 
5 official duties.


6  (2) Wardens, superintendents and keepers of prisons, 
7 penitentiaries,
jails and other institutions for the 
8 detention of persons accused or
convicted of an offense.


9  (3) Members of the Armed Services or Reserve Forces of 
10 the United States
or the Illinois National Guard, while in 
11 the performance of their official
duty.


12  (4) Manufacture, transportation, or sale of machine 
13 guns to persons
authorized under subdivisions (1) through 
14 (3) of this subsection to
possess machine guns, if the 
15 machine guns are broken down in a
non-functioning state or 
16 are not immediately accessible.


17  (5) Persons licensed under federal law to manufacture 
18 any weapon from
which 8 or more shots or bullets can be 
19 discharged by a
single function of the firing device, or 
20 ammunition for such weapons, and
actually engaged in the 
21 business of manufacturing such weapons or
ammunition, but 
22 only with respect to activities which are within the lawful

23 scope of such business, such as the manufacture, 
24 transportation, or testing
of such weapons or ammunition. 
25 This exemption does not authorize the
general private 
26 possession of any weapon from which 8 or more
shots or 
 
 
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1 bullets can be discharged by a single function of the 
2 firing
device, but only such possession and activities as 
3 are within the lawful
scope of a licensed manufacturing 
4 business described in this paragraph.


5  During transportation, such weapons shall be broken 
6 down in a
non-functioning state or not immediately 
7 accessible.


8  (6) The manufacture, transport, testing, delivery, 
9 transfer or sale,
and all lawful commercial or experimental 
10 activities necessary thereto, of
rifles, shotguns, and 
11 weapons made from rifles or shotguns,
or ammunition for 
12 such rifles, shotguns or weapons, where engaged in
by a 
13 person operating as a contractor or subcontractor pursuant 
14 to a
contract or subcontract for the development and supply 
15 of such rifles,
shotguns, weapons or ammunition to the 
16 United States government or any
branch of the Armed Forces 
17 of the United States, when such activities are
necessary 
18 and incident to fulfilling the terms of such contract.


19  The exemption granted under this subdivision (c)(6)

20 shall also apply to any authorized agent of any such 
21 contractor or
subcontractor who is operating within the 
22 scope of his employment, where
such activities involving 
23 such weapon, weapons or ammunition are necessary
and 
24 incident to fulfilling the terms of such contract.


25  During transportation, any such weapon shall be broken 
26 down in a
non-functioning state, or not immediately 
 
 
09800SB2193ham001- 120 -LRB098 10174 MRW 46317 a


1 accessible.

2  (7) A person possessing a rifle with a barrel or 
3 barrels less than 16 inches in length if: (A) the person 
4 has been issued a Curios and Relics license from the U.S. 
5 Bureau of Alcohol, Tobacco, Firearms and Explosives; or (B) 
6 the person is an active member of a bona fide, nationally 
7 recognized military re-enacting group and the modification 
8 is required and necessary to accurately portray the weapon 
9 for historical re-enactment purposes; the re-enactor is in 
10 possession of a valid and current re-enacting group 
11 membership credential; and the overall length of the weapon 
12 as modified is not less than 26 inches.
13  During transportation, any such weapon shall be broken 
14 down in a
non-functioning state, or not immediately 
15 accessible.

16 (d) Subsection 24-1(a)(1) does not apply to the purchase, 
17possession
or carrying of a black-jack or slung-shot by a peace 
18officer.

19 (e) Subsection 24-1(a)(8) does not apply to any owner, 
20manager or
authorized employee of any place specified in that 
21subsection nor to any
law enforcement officer.

22 (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and 
23Section 24-1.6
do not apply
to members of any club or 
24organization organized for the purpose of practicing
shooting 
25at targets upon established target ranges, whether public or 
26private,
while using their firearms on those target ranges.

 
 
09800SB2193ham001- 121 -LRB098 10174 MRW 46317 a


1 (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply 
2to:


3  (1) Members of the Armed Services or Reserve Forces of 
4 the United
States or the Illinois National Guard, while in 
5 the performance of their
official duty.


6  (2) Bonafide collectors of antique or surplus military 
7 ordinance.


8  (3) Laboratories having a department of forensic 
9 ballistics, or
specializing in the development of 
10 ammunition or explosive ordinance.


11  (4) Commerce, preparation, assembly or possession of 
12 explosive
bullets by manufacturers of ammunition licensed 
13 by the federal government,
in connection with the supply of 
14 those organizations and persons exempted
by subdivision 
15 (g)(1) of this Section, or like organizations and persons

16 outside this State, or the transportation of explosive 
17 bullets to any
organization or person exempted in this 
18 Section by a common carrier or by a
vehicle owned or leased 
19 by an exempted manufacturer.

20 (g-5) Subsection 24-1(a)(6) does not apply to or affect 
21persons licensed
under federal law to manufacture any device or 
22attachment of any kind designed,
used, or intended for use in 
23silencing the report of any firearm, firearms, or
ammunition

24for those firearms equipped with those devices, and actually 
25engaged in the
business of manufacturing those devices, 
26firearms, or ammunition, but only with
respect to
activities 
 
 
09800SB2193ham001- 122 -LRB098 10174 MRW 46317 a


1that are within the lawful scope of that business, such as the

2manufacture, transportation, or testing of those devices, 
3firearms, or
ammunition. This
exemption does not authorize the 
4general private possession of any device or
attachment of any 
5kind designed, used, or intended for use in silencing the

6report of any firearm, but only such possession and activities 
7as are within
the
lawful scope of a licensed manufacturing 
8business described in this subsection
(g-5). During 
9transportation, these devices shall be detached from any weapon

10or
not immediately accessible.

11 (g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section

1224-1.6 do not apply to
or affect any parole agent or parole 
13supervisor who meets the qualifications and conditions 
14prescribed in Section 3-14-1.5 of the Unified Code of 
15Corrections. 
16 (g-7) Subsection 24-1(a)(6) does not apply to a peace 
17officer while serving as a member of a tactical response team 
18or special operations team. A peace officer may not personally 
19own or apply for ownership of a device or attachment of any 
20kind designed, used, or intended for use in silencing the 
21report of any firearm. These devices shall be owned and 
22maintained by lawfully recognized units of government whose 
23duties include the investigation of criminal acts.
24 (g-10) Subsections 24-1(a)(4), 24-1(a)(8), and 
2524-1(a)(10), and Sections 24-1.6 and 24-3.1 do not apply to an 
26athlete's possession, transport on official Olympic and 
 
 
09800SB2193ham001- 123 -LRB098 10174 MRW 46317 a


1Paralympic transit systems established for athletes, or use of 
2competition firearms sanctioned by the International Olympic 
3Committee, the International Paralympic Committee, the 
4International Shooting Sport Federation, or USA Shooting in 
5connection with such athlete's training for and participation 
6in shooting competitions at the 2016 Olympic and Paralympic 
7Games and sanctioned test events leading up to the 2016 Olympic 
8and Paralympic Games. 
9 (h) An information or indictment based upon a violation of 
10any
subsection of this Article need not negative any exemptions 
11contained in
this Article. The defendant shall have the burden 
12of proving such an
exemption.

13 (i) Nothing in this Article shall prohibit, apply to, or 
14affect
the transportation, carrying, or possession, of any 
15pistol or revolver,
stun gun, taser, or other firearm consigned 
16to a common carrier operating
under license of the State of 
17Illinois or the federal government, where
such transportation, 
18carrying, or possession is incident to the lawful

19transportation in which such common carrier is engaged; and 
20nothing in this
Article shall prohibit, apply to, or affect the 
21transportation, carrying,
or possession of any pistol, 
22revolver, stun gun, taser, or other firearm,
not the subject of 
23and regulated by subsection 24-1(a)(7) or subsection
24-2(c) of 
24this Article, which is unloaded and enclosed in a case, firearm

25carrying box, shipping box, or other container, by the 
26possessor of a valid
Firearm Owners Identification Card.

 
 
09800SB2193ham001- 124 -LRB098 10174 MRW 46317 a


1(Source: P.A. 96-7, eff. 4-3-09; 96-230, eff. 1-1-10; 96-742, 
2eff. 8-25-09; 96-1000, eff. 7-2-10; 97-465, eff. 8-22-11; 
397-676, eff. 6-1-12; 97-936, eff. 1-1-13; 97-1010, eff. 1-1-13; 
4revised 8-23-12.)

5 Section 160. The Code of Criminal Procedure of 1963 is 
6amended by changing Section 112A-14 as follows:




7 (725 ILCS 5/112A-14) (from Ch. 38, par. 112A-14)


8 Sec. 112A-14. Order of protection; remedies. 

9 (a) Issuance of order. If the court finds that petitioner 
10has been
abused by a family or household member, as defined in 
11this Article, an
order of protection prohibiting such abuse 
12shall issue; provided that
petitioner must also satisfy the 
13requirements of one of the following
Sections, as appropriate: 
14Section 112A-17 on emergency orders, Section
112A-18 on interim 
15orders, or Section 112A-19 on
plenary orders.
Petitioner shall 
16not be denied an order of protection because petitioner or

17respondent is a minor. The court, when determining whether or 
18not to issue
an order of protection, shall not require physical 
19manifestations of abuse
on the person of the victim. 
20Modification and extension of prior orders of
protection shall 
21be in accordance with this Article.

22 (b) Remedies and standards. The remedies to be included in 
23an order of
protection shall be determined in accordance with 
24this Section and one of
the following Sections, as appropriate: 
 
 
09800SB2193ham001- 125 -LRB098 10174 MRW 46317 a


1Section 112A-17 on
emergency orders,
Section 112A-18 on interim 
2orders, and Section 112A-19 on
plenary orders.
The remedies 
3listed in this subsection shall be in addition to other civil

4or criminal remedies available to petitioner.


5  (1) Prohibition of abuse. Prohibit respondent's 
6 harassment,
interference with personal liberty, 
7 intimidation of a dependent, physical
abuse or willful 
8 deprivation, as defined in this Article, if such abuse has

9 occurred or otherwise appears likely to occur if not 
10 prohibited.


11  (2) Grant of exclusive possession of residence. 
12 Prohibit respondent
from entering or remaining in any 
13 residence, household, or premises of the petitioner,

14 including one owned or leased by respondent, if petitioner 
15 has a right
to occupancy thereof. The grant of exclusive 
16 possession of the residence, household, or premises
shall 
17 not affect title to real property, nor shall the court be 
18 limited by
the standard set forth in Section 701 of the 
19 Illinois Marriage and
Dissolution of Marriage Act.


20   (A) Right to occupancy. A party has a right to 
21 occupancy of a
residence or household if it is
solely 
22 or jointly owned or leased by that party, that party's 
23 spouse, a
person with a legal duty to support that 
24 party or a minor child in that
party's care, or by any 
25 person or entity other than the opposing party that

26 authorizes that party's occupancy (e.g., a domestic 
 
 
09800SB2193ham001- 126 -LRB098 10174 MRW 46317 a


1 violence shelter).
Standards set forth in subparagraph 
2 (B) shall not preclude equitable relief.


3   (B) Presumption of hardships. If petitioner and 
4 respondent
each has the right to occupancy of a 
5 residence or household, the court
shall balance (i) the 
6 hardships to respondent and any minor child or

7 dependent adult in respondent's care resulting from 
8 entry of this remedy with (ii)
the hardships to 
9 petitioner and any minor child or dependent adult in

10 petitioner's care resulting from continued exposure to 
11 the risk of abuse (should
petitioner remain at the 
12 residence or household) or from loss of possession
of 
13 the residence or household (should petitioner leave to 
14 avoid the risk
of abuse). When determining the balance 
15 of hardships, the court shall also
take into account 
16 the accessibility of the residence or household.

17 Hardships need not be balanced if respondent does not 
18 have a right to occupancy.


19   The balance of hardships is presumed to favor 
20 possession by
petitioner unless the presumption is 
21 rebutted by a preponderance of the
evidence, showing 
22 that the hardships to respondent substantially 
23 outweigh
the hardships to petitioner and any minor 
24 child or dependent adult in petitioner's
care. The 
25 court, on the request of petitioner or on its own 
26 motion,
may order respondent to provide suitable, 
 
 
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1 accessible, alternate housing
for petitioner instead 
2 of
excluding respondent from a mutual residence or 
3 household.


4  (3) Stay away order and additional prohibitions.
Order 
5 respondent to stay away from petitioner or any other person

6 protected by the order of protection, or prohibit 
7 respondent from entering
or remaining present at 
8 petitioner's school, place of employment, or other

9 specified places at times when petitioner is present, or 
10 both, if
reasonable, given
the balance of hardships. 
11 Hardships need not be balanced for the court
to enter a 
12 stay away order or prohibit entry
if respondent has no 
13 right to enter the premises.


14  If an order of protection grants petitioner exclusive 
15 possession
of the residence, or prohibits respondent from 
16 entering the residence,
or orders respondent to stay away 
17 from petitioner or other
protected persons, then the court 
18 may allow respondent access to the
residence to remove 
19 items of clothing and personal adornment
used exclusively 
20 by respondent, medications, and other items as the court 
21 directs.
The right to access shall be exercised on only one 
22 occasion as the court directs
and in the presence of an 
23 agreed-upon adult third party or law enforcement officer.


24  (4) Counseling. Require or recommend the respondent to 
25 undergo
counseling for a specified duration with a social 
26 worker, psychologist,
clinical psychologist, psychiatrist, 
 
 
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1 family service agency, alcohol or
substance abuse program, 
2 mental health center guidance counselor, agency
providing 
3 services to elders, program designed for domestic violence

4 abusers or any other guidance service the court deems 
5 appropriate. The court may order the respondent in any 
6 intimate partner relationship to report to an Illinois 
7 Department of Human Services protocol approved partner 
8 abuse intervention program for an assessment and to follow 
9 all recommended treatment. 


10  (5) Physical care and possession of the minor child. In 
11 order to protect
the minor child from abuse, neglect, or 
12 unwarranted separation from the person
who has been the 
13 minor child's primary caretaker, or to otherwise protect 
14 the
well-being of the minor child, the court may do either 
15 or both of the following:
(i) grant petitioner physical 
16 care or possession of the minor child, or both, or
(ii) 
17 order respondent to return a minor child to, or not remove 
18 a minor child
from, the physical care of a parent or person 
19 in loco parentis.


20  If a court finds, after a hearing, that respondent has 
21 committed abuse
(as defined in Section 112A-3) of a minor 
22 child, there shall be a
rebuttable presumption that 
23 awarding physical care to respondent would not
be in the 
24 minor child's best interest.


25  (6) Temporary legal custody.
Award temporary legal 
26 custody to petitioner in accordance with this Section,
the 
 
 
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1 Illinois Marriage
and Dissolution of Marriage Act, the 
2 Illinois Parentage Act of 1984,
and this State's Uniform 
3 Child-Custody
Jurisdiction and Enforcement Act. 


4  If a court finds, after a hearing, that respondent
has 
5 committed abuse (as defined in Section 112A-3) of a
minor 
6 child, there shall be a rebuttable presumption that 
7 awarding
temporary legal custody to respondent would not be 
8 in the
child's best interest.


9  (7) Visitation. Determine the
visitation rights, if 
10 any, of respondent in any case in which the court
awards 
11 physical care or temporary legal custody of a minor child 
12 to
petitioner. The court shall restrict or deny 
13 respondent's visitation with
a minor child if
the court 
14 finds that respondent has done or is likely to do any of 
15 the
following: (i) abuse or endanger the minor child during 
16 visitation; (ii) use the
visitation as an opportunity to 
17 abuse or harass petitioner or
petitioner's family or 
18 household members; (iii) improperly conceal or
detain the 
19 minor child; or (iv) otherwise act in a manner that is not 
20 in
the best interests of the minor child. The court shall 
21 not be limited by the
standards set forth in Section 607.1 
22 of the Illinois Marriage and
Dissolution of Marriage Act. 
23 If the court grants visitation, the order
shall specify 
24 dates and times for the visitation to take place or other

25 specific parameters or conditions that are appropriate. No 
26 order for
visitation shall refer merely to the term 
 
 
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1 "reasonable visitation".


2  Petitioner may deny respondent access to the minor 
3 child if, when
respondent arrives for visitation, 
4 respondent is under the influence of drugs
or alcohol and 
5 constitutes a threat to the safety and well-being of

6 petitioner or petitioner's minor children or is behaving in 
7 a violent or abusive manner.


8  If necessary to protect any member of petitioner's 
9 family or
household from future abuse, respondent shall be 
10 prohibited from coming to
petitioner's residence to meet 
11 the minor child for visitation, and the
parties shall 
12 submit to the court their recommendations for reasonable

13 alternative arrangements for visitation. A person may be 
14 approved to
supervise visitation only after filing an 
15 affidavit accepting
that responsibility and acknowledging 
16 accountability to the court.


17  (8) Removal or concealment of minor child.
Prohibit 
18 respondent from
removing a minor child from the State or 
19 concealing the child within the
State.


20  (9) Order to appear. Order the respondent to
appear in 
21 court, alone
or with a minor child, to prevent abuse, 
22 neglect, removal or concealment of
the child, to return the 
23 child to the custody or care of the petitioner or
to permit 
24 any court-ordered interview or examination of the child or 
25 the
respondent.


26  (10) Possession of personal property. Grant petitioner 
 
 
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1 exclusive
possession of personal property and, if 
2 respondent has possession or
control, direct respondent to 
3 promptly make it available to petitioner, if:


4   (i) petitioner, but not respondent, owns the 
5 property; or


6   (ii) the parties own the property jointly; sharing 
7 it would risk
abuse of petitioner by respondent or is 
8 impracticable; and the balance of
hardships favors 
9 temporary possession by petitioner.


10  If petitioner's sole claim to ownership of the property 
11 is that it is
marital property, the court may award 
12 petitioner temporary possession
thereof under the 
13 standards of subparagraph (ii) of this paragraph only if
a 
14 proper proceeding has been filed under the Illinois 
15 Marriage and
Dissolution of Marriage Act, as now or 
16 hereafter amended.


17  No order under this provision shall affect title to 
18 property.


19  (11) Protection of property. Forbid the respondent 
20 from taking,
transferring, encumbering, concealing, 
21 damaging or otherwise disposing of
any real or personal 
22 property, except as explicitly authorized by the
court, if:


23   (i) petitioner, but not respondent, owns the 
24 property; or


25   (ii) the parties own the property jointly,
and the 
26 balance of hardships favors granting this remedy.


 
 
09800SB2193ham001- 132 -LRB098 10174 MRW 46317 a


1  If petitioner's sole claim to ownership of the property 
2 is that it is
marital property, the court may grant 
3 petitioner relief under subparagraph
(ii) of this 
4 paragraph only if a proper proceeding has been filed under 
5 the
Illinois Marriage and Dissolution of Marriage Act, as 
6 now or hereafter amended.


7  The court may further prohibit respondent from 
8 improperly using the
financial or other resources of an 
9 aged member of the family or household
for the profit or 
10 advantage of respondent or of any other person.

11  (11.5) Protection of animals. Grant the petitioner the 
12 exclusive care, custody, or control of any animal owned, 
13 possessed, leased, kept, or held by either the petitioner 
14 or the respondent or a minor child residing in the 
15 residence or household of either the petitioner or the 
16 respondent and order the respondent to stay away from the 
17 animal and forbid the respondent from taking, 
18 transferring, encumbering, concealing, harming, or 
19 otherwise disposing of the animal.


20  (12) Order for payment of support. Order
respondent to 
21 pay temporary
support for the petitioner or any child in 
22 the petitioner's care or
custody, when the respondent has a 
23 legal obligation to support that person,
in accordance with 
24 the Illinois Marriage and Dissolution
of Marriage Act, 
25 which shall govern, among other matters, the amount of

26 support, payment through the clerk and withholding of 
 
 
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1 income to secure
payment. An order for child support may be 
2 granted to a petitioner with
lawful physical care or 
3 custody of a child, or an order or agreement for
physical 
4 care or custody, prior to entry of an order for legal 
5 custody.
Such a support order shall expire upon entry of a 
6 valid order granting
legal custody to another, unless 
7 otherwise provided in the custody order.


8  (13) Order for payment of losses. Order
respondent to 
9 pay petitioner
for losses suffered as a direct result of 
10 the abuse. Such losses shall
include, but not be limited 
11 to, medical expenses, lost earnings or other
support, 
12 repair or replacement of property damaged or taken, 
13 reasonable
attorney's fees, court costs and moving or other 
14 travel expenses, including
additional reasonable expenses 
15 for temporary shelter and restaurant meals.


16   (i) Losses affecting family needs. If a party is 
17 entitled to seek
maintenance, child support or 
18 property distribution from the other party
under the 
19 Illinois Marriage and Dissolution of Marriage Act, as 
20 now or
hereafter amended, the court may order 
21 respondent to reimburse petitioner's
actual losses, to 
22 the extent that such reimbursement would be 
23 "appropriate
temporary relief", as authorized by 
24 subsection (a)(3) of
Section 501 of that Act.


25   (ii) Recovery of expenses. In the case of an 
26 improper concealment
or removal of a minor child, the 
 
 
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1 court may order respondent to pay the reasonable

2 expenses incurred or to be incurred in the search for 
3 and recovery of the
minor child, including but not 
4 limited to legal fees, court costs, private

5 investigator fees, and travel costs.


6  (14) Prohibition of entry. Prohibit the respondent 
7 from entering or
remaining in the residence or household 
8 while the respondent is under the
influence of alcohol or 
9 drugs and constitutes a threat to the safety and
well-being 
10 of the petitioner or the petitioner's children.


11  (14.5) Prohibition of firearm possession. 
12   (A) A person who is subject to an existing order of 
13 protection, interim order of protection, emergency 
14 order of protection, or plenary order of protection, 
15 issued under this Code may not lawfully possess weapons 
16 under Section 8.2 of the Firearm Owners Identification 
17 Card Act. (a) Prohibit a respondent against whom an 
18 order of protection was issued from possessing any 
19 firearms during the duration of the order if the order:
20    (1) was issued after a hearing of which such 
21 person received
actual notice, and at which such 
22 person had an opportunity to
participate;
23    (2) restrains such person from harassing, 
24 stalking, or
threatening an intimate partner of 
25 such person or child of such
intimate partner or 
26 person, or engaging in other conduct that
would 
 
 
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1 place an intimate partner in reasonable fear of 
2 bodily
injury to the partner or child; and
3    (3)(i) includes a finding that such person 
4 represents a
credible threat to the physical 
5 safety of such intimate partner
or child; or
(ii) 
6 by its terms explicitly prohibits the use, 
7 attempted
use, or threatened use of physical force 
8 against such intimate
partner or child that would 
9 reasonably be expected to cause
bodily injury.
10  (B) Any firearms in the
possession of the respondent, 
11 except as provided in subparagraph (C) of this 
12 paragraph (14.5) subsection (b), shall be ordered by 
13 the court to be turned
over to a person with a valid 
14 Firearm Owner's Identification Card the local law 
15 enforcement agency for safekeeping. The court shall 
16 issue an order that the respondent's Firearm Owner's 
17 Identification Card be turned over to the local law 
18 enforcement agency, which in turn shall immediately 
19 mail the card to the Department of State Police Firearm 
20 Owner's Identification Card Office for safekeeping.

21 The period of safekeeping shall be for the duration of 
22 the order of protection. The firearm or firearms and 
23 Firearm Owner's Identification Card, if unexpired, 
24 shall at the respondent's request be returned to the 
25 respondent at expiration of the order of protection.

26   (C) (b) If the respondent is a peace officer as 
 
 
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1 defined in Section 2-13 of
the
Criminal Code of 2012, 
2 the court shall order that any firearms used by the

3 respondent in the performance of his or her duties as a

4 peace officer be surrendered to
the chief law 
5 enforcement executive of the agency in which the 
6 respondent is
employed, who shall retain the firearms 
7 for safekeeping for the duration of the order of 
8 protection.

9   (D) (c) Upon expiration of the period of 
10 safekeeping, if the firearms or Firearm Owner's 
11 Identification Card cannot be returned to respondent 
12 because respondent cannot be located, fails to respond 
13 to requests to retrieve the firearms, or is not 
14 lawfully eligible to possess a firearm, upon petition 
15 from the local law enforcement agency, the court may 
16 order the local law enforcement agency to destroy the 
17 firearms, use the firearms for training purposes, or 
18 for any other application as deemed appropriate by the 
19 local law enforcement agency; or that the firearms be 
20 turned over to a third party who is lawfully eligible 
21 to possess firearms, and who does not reside with 
22 respondent. 

23  (15) Prohibition of access to records. If an order of 
24 protection
prohibits respondent from having contact with 
25 the minor child,
or if petitioner's address is omitted 
26 under subsection (b) of
Section 112A-5, or if necessary to 
 
 
09800SB2193ham001- 137 -LRB098 10174 MRW 46317 a


1 prevent abuse or wrongful removal or
concealment of a minor 
2 child, the order shall deny respondent access to, and

3 prohibit respondent from inspecting, obtaining, or 
4 attempting to
inspect or obtain, school or any other 
5 records of the minor child
who is in the care of 
6 petitioner.


7  (16) Order for payment of shelter services. Order 
8 respondent to
reimburse a shelter providing temporary 
9 housing and counseling services to
the petitioner for the 
10 cost of the services, as certified by the shelter
and 
11 deemed reasonable by the court.


12  (17) Order for injunctive relief. Enter injunctive 
13 relief necessary
or appropriate to prevent further abuse of 
14 a family or household member or
to effectuate one of the 
15 granted remedies, if supported by the balance of
hardships. 
16 If the harm to be prevented by the injunction is abuse or 
17 any
other harm that one of the remedies listed in 
18 paragraphs (1) through (16)
of this subsection is designed 
19 to prevent, no further evidence is necessary
to establish 
20 that the harm is an irreparable injury.

21 (c) Relevant factors; findings.


22  (1) In determining whether to grant a
specific remedy, 
23 other than payment of support, the
court shall consider 
24 relevant factors, including but not limited to the

25 following:


26   (i) the nature, frequency, severity, pattern and 
 
 
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1 consequences of the
respondent's past abuse of the 
2 petitioner or any family or household
member, 
3 including the concealment of his or her location in 
4 order to evade
service of process or notice, and the 
5 likelihood of danger of future abuse to
petitioner or

6 any member of petitioner's or respondent's family or 
7 household; and


8   (ii) the danger that any minor child will be abused 
9 or neglected or
improperly removed from the 
10 jurisdiction, improperly concealed within the
State or 
11 improperly separated from the child's primary 
12 caretaker.


13  (2) In comparing relative hardships resulting to the 
14 parties from loss
of possession of the family home, the 
15 court shall consider relevant
factors, including but not 
16 limited to the following:


17   (i) availability, accessibility, cost, safety, 
18 adequacy, location and other
characteristics of 
19 alternate housing for each party and any minor child or

20 dependent adult in the party's care;


21   (ii) the effect on the party's employment; and


22   (iii) the effect on the relationship of the party, 
23 and any minor
child or dependent adult in the party's 
24 care, to family, school, church
and community.


25  (3) Subject to the exceptions set forth in paragraph 
26 (4) of this
subsection, the court shall make its findings 
 
 
09800SB2193ham001- 139 -LRB098 10174 MRW 46317 a


1 in an official record or in
writing, and shall at a minimum 
2 set forth the following:


3   (i) That the court has considered the applicable 
4 relevant factors
described in paragraphs (1) and (2) of 
5 this subsection.


6   (ii) Whether the conduct or actions of respondent, 
7 unless
prohibited, will likely cause irreparable harm 
8 or continued abuse.


9   (iii) Whether it is necessary to grant the 
10 requested relief in order
to protect petitioner or 
11 other alleged abused persons.


12  (4) For purposes of issuing an ex parte emergency order 
13 of protection,
the court, as an alternative to or as a 
14 supplement to making the findings
described in paragraphs 
15 (c)(3)(i) through (c)(3)(iii) of this subsection, may use

16 the following procedure:


17  When a verified petition for an emergency order of 
18 protection in
accordance with the requirements of Sections 
19 112A-5 and 112A-17 is
presented to the court, the court 
20 shall examine petitioner on oath or
affirmation. An 
21 emergency order of protection shall be issued by the court

22 if it appears from the contents of the petition and the 
23 examination of
petitioner that the averments are 
24 sufficient to indicate abuse by
respondent and to support 
25 the granting of relief under the issuance of the
emergency 
26 order of protection.


 
 
09800SB2193ham001- 140 -LRB098 10174 MRW 46317 a


1  (5) Never married parties. No rights or 
2 responsibilities for a minor
child born outside of marriage 
3 attach to a putative father until a father and
child 
4 relationship has been established under the Illinois 
5 Parentage Act of
1984. Absent such an adjudication, no 
6 putative father shall be granted
temporary custody of the 
7 minor child, visitation with the minor child, or
physical 
8 care
and possession of the minor child, nor shall
an order 
9 of payment for support of the minor child be entered.

10 (d) Balance of hardships; findings. If the court finds that 
11the balance
of hardships does not support the granting of a 
12remedy governed by
paragraph (2), (3), (10), (11), or (16) of

13subsection (b) of this Section,
which may require such 
14balancing, the court's findings shall so
indicate and shall 
15include a finding as to whether granting the remedy will
result 
16in hardship to respondent that would substantially outweigh the 
17hardship
to petitioner
from denial of the remedy. The findings 
18shall be an official record or in
writing.

19 (e) Denial of remedies. Denial of any remedy shall not be 
20based, in
whole or in part, on evidence that:


21  (1) Respondent has cause for any use of force, unless 
22 that cause
satisfies the standards for justifiable use of 
23 force provided by Article
7 of the Criminal Code of 2012;


24  (2) Respondent was voluntarily intoxicated;


25  (3) Petitioner acted in self-defense or defense of 
26 another, provided
that, if petitioner utilized force, such 
 
 
09800SB2193ham001- 141 -LRB098 10174 MRW 46317 a


1 force was justifiable under
Article 7 of the Criminal Code 
2 of 2012; 


3  (4) Petitioner did not act in self-defense or defense 
4 of another;


5  (5) Petitioner left the residence or household to avoid 
6 further abuse
by respondent;


7  (6) Petitioner did not leave the residence or household 
8 to avoid further
abuse by respondent;


9  (7) Conduct by any family or household member excused 
10 the abuse by
respondent, unless that same conduct would 
11 have excused such abuse if the
parties had not been family 
12 or household members.

13(Source: P.A. 96-701, eff. 1-1-10; 96-1239, eff. 1-1-11; 
1497-158, eff. 1-1-12; 97-1131, eff. 1-1-13; 97-1150, eff. 
151-25-13.)



16 Section 165. The Mental Health and Developmental 
17Disabilities Confidentiality Act is amended by changing 
18Section 12 as follows:



19 (740 ILCS 110/12) (from Ch. 91 1/2, par. 812)


20 Sec. 12. (a) If the United States Secret Service or the 
21Department of
State Police requests information from a mental 
22health or developmental
disability facility, as defined in 
23Section 1-107 and 1-114 of the Mental
Health and Developmental 
24Disabilities Code, relating to a specific
recipient and the 
 
 
09800SB2193ham001- 142 -LRB098 10174 MRW 46317 a


1facility director determines that disclosure of such

2information may be necessary to protect the life of, or to 
3prevent
the infliction of great bodily harm to, a public 
4official,
or a person under the protection of the United
States 
5Secret Service, only the following information
may be 
6disclosed: the recipient's name, address, and age and the date 
7of
any admission to or discharge from a facility; and any 
8information which
would indicate whether or not the recipient 
9has a history of violence or
presents a danger of violence to 
10the person under protection. Any information
so disclosed shall 
11be used for investigative purposes only and shall not
be 
12publicly disseminated.
Any person participating in good faith 
13in the disclosure of such
information in accordance with this 
14provision shall have immunity from any
liability, civil, 
15criminal or otherwise, if such information is disclosed
relying 
16upon the representation of an officer of the United States 
17Secret
Service or the Department of State Police that a person 
18is under the
protection of the United States Secret Service or 
19is a public official.

20 For the purpose of this subsection (a), the term "public 
21official" means
the Governor, Lieutenant Governor, Attorney 
22General, Secretary of State,
State Comptroller, State 
23Treasurer, member of the General Assembly, member of the United 
24States Congress, Judge of the United States as defined in 28 
25U.S.C. 451, Justice of the United States as defined in 28 
26U.S.C. 451, United States Magistrate Judge as defined in 28 
 
 
09800SB2193ham001- 143 -LRB098 10174 MRW 46317 a


1U.S.C. 639, Bankruptcy Judge appointed under 28 U.S.C. 152, or 
2Supreme, Appellate, Circuit, or Associate Judge of the State of 
3Illinois. The
term shall also include the spouse, child or 
4children of a public official.

5 (b) The Department of Human Services (acting as successor 
6to the
Department of Mental Health and Developmental 
7Disabilities) and all
public or private hospitals and mental 
8health facilities are required, as hereafter described in this 
9subsection,
to furnish the Department of State Police only such 
10information as may
be required for the sole purpose of 
11determining whether an individual who
may be or may have been a 
12patient is disqualified because of that status
from receiving 
13or retaining a Firearm Owner's Identification Card because that 
14patient is determined to pose a clear and present danger to 
15himself, herself or others, is determined to have a 
16developmental disability, or falls within the federal 
17prohibitors in under
subsection (e) or (f) of Section 8 of the 
18Firearm Owners Identification Card
Act or 18 U.S.C. 922(g) and 
19(n). All physicians, clinical psychologists, or qualified 
20examiners at public or private hospitals and mental health 
21facilities or parts thereof as defined in this subsection 
22shall, in the form and manner required
by the Department, 
23provide notice directly to the Department of Human Services, or 
24to his or her employer who shall then report to the Department, 
25within 24 hours after determining that a patient as described 
26in clause (2) of the definition of "patient" in Section 1.1 of 
 
 
09800SB2193ham001- 144 -LRB098 10174 MRW 46317 a


1the Firearm Owners Identification Card Act poses a clear and 
2present danger to himself, herself, or others, or is determined 
3to have a developmental disability such information as shall be 
4necessary for the
Department to comply with the reporting 
5requirements to the Department of
State Police. This Such 
6information shall be furnished within 24 hours after the 
7physician, clinical psychologist, or qualified examiner has 
8made a determination, or within 7 days after
admission to a 
9public or private hospital or mental health facility or the 
10provision of services to a patient described in clause (1) of 
11the definition of "patient" in Section 1.1 of the Firearm 
12Owners Identification Card Act clause (2) of this subsection 
13(b). Any such information disclosed under
this subsection shall

14remain privileged and confidential, and shall not be 
15redisclosed, except as required by subsection (e) clause (e)(2) 
16of Section 3.1 of the Firearm Owners Identification Card Act, 
17nor utilized
for any other purpose. The method of requiring the 
18providing of such
information shall guarantee that no 
19information is released beyond what
is necessary for this 
20purpose. In addition, the information disclosed
shall be 
21provided
by the Department within the time period established 
22by Section 24-3 of the
Criminal Code of 2012 regarding the 
23delivery of firearms. The method used
shall be sufficient to 
24provide the necessary information within the
prescribed time 
25period, which may include periodically providing
lists to the 
26Department of Human Services
or any public or private hospital 
 
 
09800SB2193ham001- 145 -LRB098 10174 MRW 46317 a


1or mental health facility of Firearm Owner's Identification 
2Card applicants
on which the Department or hospital shall 
3indicate the identities of those
individuals who are to its 
4knowledge disqualified from having a Firearm
Owner's 
5Identification Card for reasons described herein. The 
6Department
may provide for a centralized source
of information 
7for the State on this subject under its jurisdiction. The 
8identity of the person reporting under this subsection shall 
9not be disclosed to the subject of the report. For the purposes 
10of this subsection, the physician, clinical psychologist, or 
11qualified examiner making the determination and his or her 
12employer shall not be held criminally, civilly, or 
13professionally liable for making or not making the notification 
14required under this subsection, except for willful or wanton 
15misconduct. 

16 Any person, institution, or agency, under this Act, 
17participating in
good faith in the reporting or disclosure of 
18records and communications
otherwise in accordance with this 
19provision or with rules, regulations or
guidelines issued by 
20the Department shall have immunity from any
liability, civil, 
21criminal or otherwise, that might result by reason of the

22action. For the purpose of any proceeding, civil or criminal,

23arising out of a report or disclosure in accordance with this 
24provision,
the good faith of any person,
institution, or agency 
25so reporting or disclosing shall be presumed. The
full extent 
26of the immunity provided in this subsection (b) shall apply to

 
 
09800SB2193ham001- 146 -LRB098 10174 MRW 46317 a


1any person, institution or agency that fails to make a report 
2or disclosure
in the good faith belief that the report or 
3disclosure would violate
federal regulations governing the 
4confidentiality of alcohol and drug abuse
patient records 
5implementing 42 U.S.C. 290dd-3 and 290ee-3.

6 For purposes of this subsection (b) only, the following 
7terms shall have
the meaning prescribed:


8  (1) (Blank). "Hospital" means only that type of 
9 institution which is providing
full-time residential 
10 facilities and treatment.

11  (1.3) "Clear and present danger" has the meaning as 
12 defined in Section 1.1 of the Firearm Owners Identification 
13 Card Act. 
14  (1.5) "Developmental disability" means a disability 
15 which is attributable to an intellectual disability or any 
16 other condition which results in impairment similar to that 
17 caused by an intellectual disability and which requires 
18 services similar to those required by intellectually 
19 disabled persons. The disability must originate before the 
20 age of 18 years, be expected to continue indefinitely, and 
21 constitute a substantial handicap.

22  (2) "Patient" has the meaning as defined in Section 1.1 
23 of the Firearm Owners Identification Card Act shall include 
24 only: (i) a person who is an in-patient or resident of any 
25 public or private hospital or mental health facility or 
26 (ii) a person who is an out-patient or provided services by 
 
 
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1 a public or private hospital or mental health facility 
2 whose mental condition is of such a nature that it is 
3 manifested by violent, suicidal, threatening, or 
4 assaultive behavior or reported behavior, for which there 
5 is a reasonable belief by a physician, clinical 
6 psychologist, or qualified examiner that the condition 
7 poses a clear and present or imminent danger to the 
8 patient, any other person or the community meaning the 
9 patient's condition poses a clear and present danger in 
10 accordance with subsection
(f) of Section 8 of the Firearm 
11 Owners Identification Card Act. The terms physician, 
12 clinical psychologist, and qualified examiner are defined 
13 in Sections 1-120, 1-103, and 1-122 of the Mental Health 
14 and Developmental Disabilities Code.

15  (3) "Mental health facility" has the meaning as defined 
16 in Section 1.1 of the Firearm Owners Identification Card 
17 Act is defined by Section 1-114 of the Mental Health and 
18 Developmental Disabilities Code.

19 (c) Upon the request of a peace officer who takes a person 
20into custody
and transports such person to a mental health or 
21developmental disability
facility pursuant to Section 3-606 or 
224-404 of the Mental Health and
Developmental Disabilities Code 
23or who transports a person from such facility,
a facility 
24director shall furnish said peace officer the name, address, 
25age
and name of the nearest relative of the person transported 
26to or from the
mental health or developmental disability 
 
 
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1facility. In no case shall the
facility director disclose to 
2the peace officer any information relating to the
diagnosis, 
3treatment or evaluation of the person's mental or physical 
4health.

5 For the purposes of this subsection (c), the terms "mental 
6health or
developmental disability facility", "peace officer" 
7and "facility director"
shall have the meanings ascribed to 
8them in the Mental Health and
Developmental Disabilities Code.

9 (d) Upon the request of a peace officer or prosecuting 
10authority who is
conducting a bona fide investigation of a 
11criminal offense, or attempting to
apprehend a fugitive from 
12justice,
a facility director may disclose whether a person is 
13present at the facility.
Upon request of a peace officer or 
14prosecuting authority who has a valid
forcible felony warrant 
15issued, a facility director shall disclose: (1) whether
the 
16person who is the subject of the warrant is present at the 
17facility and (2)
the
date of that person's discharge or future 
18discharge from the facility.
The requesting peace officer or 
19prosecuting authority must furnish a case
number and the 
20purpose of the investigation or an outstanding arrest warrant 
21at
the time of the request. Any person, institution, or agency

22participating in good faith in disclosing such information in 
23accordance with
this subsection (d) is immune from any 
24liability, civil, criminal or
otherwise, that might result by 
25reason of the action.

26(Source: P.A. 96-193, eff. 8-10-09; 97-1150, eff. 1-25-13.)


 
 
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1 Section 195. No acceleration or delay. Where this Act makes 
2changes in a statute that is represented in this Act by text 
3that is not yet or no longer in effect (for example, a Section 
4represented by multiple versions), the use of that text does 
5not accelerate or delay the taking effect of (i) the changes 
6made by this Act or (ii) provisions derived from any other 
7Public Act.


8 Section 999. Effective date. This Act takes effect upon 
9becoming law.".