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Full Text of SB0836  99th General Assembly

SB0836enr 99TH GENERAL ASSEMBLY



 


 
SB0836 EnrolledLRB099 09057 RLC 29246 b

1    AN ACT concerning safety.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Mental Health and Developmental
5Disabilities Code is amended by changing Sections 6-103.2 and
66-103.3 as follows:
 
7    (405 ILCS 5/6-103.2)
8    Sec. 6-103.2. Developmental disability; notice. If For
9purposes of this Section, if a person 14 years old or older is
10determined to be developmentally disabled as defined in Section
111.1 of the Firearm Owners Identification Card Act by a
12physician, clinical psychologist, or qualified examiner,
13whether practicing at a public or by a private mental health
14facility or developmental disability facility, the physician,
15clinical psychologist, or qualified examiner shall notify the
16Department of Human Services within 7 days 24 hours of making
17the determination that the person has a developmental
18disability. The Department of Human Services shall immediately
19update its records and information relating to mental health
20and developmental disabilities, and if appropriate, shall
21notify the Department of State Police in a form and manner
22prescribed by the Department of State Police. Information
23disclosed under this Section shall remain privileged and

 

 

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1confidential, and shall not be redisclosed, except as required
2under subsection (e) of Section 3.1 of the Firearm Owners
3Identification Card Act, nor used for any other purpose. The
4method of providing this information shall guarantee that the
5information is not released beyond that which is necessary for
6the purpose of this Section and shall be provided by rule by
7the Department of Human Services. The identity of the person
8reporting under this Section shall not be disclosed to the
9subject of the report.
10    The physician, clinical psychologist, or qualified
11examiner making the determination and his or her employer may
12not be held criminally, civilly, or professionally liable for
13making or not making the notification required under this
14Section, except for willful or wanton misconduct.
15    For purposes of this Section, "developmentally disabled"
16means a disability which is attributable to any other condition
17which results in impairment similar to that caused by an
18intellectual disability and which requires services similar to
19those required by intellectually disabled persons. The
20disability must originate before the age of 18 years, be
21expected to continue indefinitely, and constitute a
22substantial disability. This disability results in the
23professional opinion of a physician, clinical psychologist, or
24qualified examiner, in significant functional limitations in 3
25or more of the following areas of major life activity:
26        (i) self-care;

 

 

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1        (ii) receptive and expressive language;
2        (iii) learning;
3        (iv) mobility; or
4        (v) self-direction.
5    "Determined to be developmentally disabled by a physician,
6clinical psychologist, or qualified examiner" means in the
7professional opinion of the physician, clinical psychologist,
8or qualified examiner, a person is diagnosed, assessed, or
9evaluated to be developmentally disabled.
10(Source: P.A. 98-63, eff. 7-9-13.)
 
11    (405 ILCS 5/6-103.3)
12    Sec. 6-103.3. Clear and present danger; notice. If a person
13is determined to pose a clear and present danger to himself,
14herself, or to others by a physician, clinical psychologist, or
15qualified examiner, whether employed by the State, by any
16public or private mental health facility or part thereof, or by
17a law enforcement official or a school administrator, then the
18physician, clinical psychologist, qualified examiner shall
19notify the Department of Human Services and a law enforcement
20official or school administrator shall notify the Department of
21State Police, within 24 hours of making the determination that
22the person poses a clear and present danger. The Department of
23Human Services shall immediately update its records and
24information relating to mental health and developmental
25disabilities, and if appropriate, shall notify the Department

 

 

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1of State Police in a form and manner prescribed by the
2Department of State Police. Information disclosed under this
3Section shall remain privileged and confidential, and shall not
4be redisclosed, except as required under subsection (e) of
5Section 3.1 of the Firearm Owners Identification Card Act, nor
6used for any other purpose. The method of providing this
7information shall guarantee that the information is not
8released beyond that which is necessary for the purpose of this
9Section and shall be provided by rule by the Department of
10Human Services. The identity of the person reporting under this
11Section shall not be disclosed to the subject of the report.
12The physician, clinical psychologist, qualified examiner, law
13enforcement official, or school administrator making the
14determination and his or her employer shall not be held
15criminally, civilly, or professionally liable for making or not
16making the notification required under this Section, except for
17willful or wanton misconduct. This Section does not apply to a
18law enforcement official, if making the notification under this
19Section will interfere with an ongoing or pending criminal
20investigation.
21    For the purposes of this Section:
22        "Clear and present danger" has the meaning ascribed to
23    it in Section 1.1 of the Firearm Owners Identification Card
24    Act.
25        "Determined to pose a clear and present danger to
26    himself, herself, or to others by a physician, clinical

 

 

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1    psychologist, or qualified examiner" means in the
2    professional opinion of the physician, clinical
3    psychologist, or qualified examiner, a person poses a clear
4    and present danger.
5        "School administrator" means the person required to
6    report under the School Administrator Reporting of Mental
7    Health Clear and Present Danger Determinations Law.
8(Source: P.A. 98-63, eff. 7-9-13.)
 
9    Section 10. The Firearm Owners Identification Card Act is
10amended by changing Sections 1.1, 2, 3, 3a, and 10 as follows:
 
11    (430 ILCS 65/1.1)  (from Ch. 38, par. 83-1.1)
12    Sec. 1.1. For purposes of this Act:
13    "Addicted to narcotics" means a person who has been:
14        (1) convicted of an offense involving the use or
15    possession of cannabis, a controlled substance, or
16    methamphetamine within the past year; or
17        (2) determined by the Department of State Police to be
18    addicted to narcotics based upon federal law or federal
19    guidelines.
20    "Addicted to narcotics" does not include possession or use
21of a prescribed controlled substance under the direction and
22authority of a physician or other person authorized to
23prescribe the controlled substance when the controlled
24substance is used in the prescribed manner.

 

 

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1    "Adjudicated as a mentally disabled person" means the
2person is the subject of a determination by a court, board,
3commission or other lawful authority that the person, as a
4result of marked subnormal intelligence, or mental illness,
5mental impairment, incompetency, condition, or disease:
6        (1) presents a clear and present danger to himself,
7    herself, or to others;
8        (2) lacks the mental capacity to manage his or her own
9    affairs or is adjudicated a disabled person as defined in
10    Section 11a-2 of the Probate Act of 1975;
11        (3) is not guilty in a criminal case by reason of
12    insanity, mental disease or defect;
13        (3.5) is guilty but mentally ill, as provided in
14    Section 5-2-6 of the Unified Code of Corrections;
15        (4) is incompetent to stand trial in a criminal case;
16        (5) is not guilty by reason of lack of mental
17    responsibility under Articles 50a and 72b of the Uniform
18    Code of Military Justice, 10 U.S.C. 850a, 876b;
19        (6) is a sexually violent person under subsection (f)
20    of Section 5 of the Sexually Violent Persons Commitment
21    Act;
22        (7) is a sexually dangerous person under the Sexually
23    Dangerous Persons Act;
24        (8) is unfit to stand trial under the Juvenile Court
25    Act of 1987;
26        (9) is not guilty by reason of insanity under the

 

 

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1    Juvenile Court Act of 1987;
2        (10) is subject to involuntary admission as an
3    inpatient as defined in Section 1-119 of the Mental Health
4    and Developmental Disabilities Code;
5        (11) is subject to involuntary admission as an
6    outpatient as defined in Section 1-119.1 of the Mental
7    Health and Developmental Disabilities Code;
8        (12) is subject to judicial admission as set forth in
9    Section 4-500 of the Mental Health and Developmental
10    Disabilities Code; or
11        (13) is subject to the provisions of the Interstate
12    Agreements on Sexually Dangerous Persons Act.
13    "Clear and present danger" means a person who:
14        (1) communicates a serious threat of physical violence
15    against a reasonably identifiable victim or poses a clear
16    and imminent risk of serious physical injury to himself,
17    herself, or another person as determined by a physician,
18    clinical psychologist, or qualified examiner; or
19        (2) demonstrates threatening physical or verbal
20    behavior, such as violent, suicidal, or assaultive
21    threats, actions, or other behavior, as determined by a
22    physician, clinical psychologist, qualified examiner,
23    school administrator, or law enforcement official.
24    "Clinical psychologist" has the meaning provided in
25Section 1-103 of the Mental Health and Developmental
26Disabilities Code.

 

 

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1    "Controlled substance" means a controlled substance or
2controlled substance analog as defined in the Illinois
3Controlled Substances Act.
4    "Counterfeit" means to copy or imitate, without legal
5authority, with intent to deceive.
6    "Developmentally disabled" means a disability which is
7attributable to any other condition which results in impairment
8similar to that caused by an intellectual disability and which
9requires services similar to those required by intellectually
10disabled persons. The disability must originate before the age
11of 18 years, be expected to continue indefinitely, and
12constitute a substantial disability handicap.
13    This disability results in the professional opinion of a
14physician, clinical psychologist, or qualified examiner, in
15significant functional limitations in 3 or more of the
16following areas of major life activity:
17        (i) self-care;
18        (ii) receptive and expressive language;
19        (iii) learning;
20        (iv) mobility; or
21        (v) self-direction.
22    "Federally licensed firearm dealer" means a person who is
23licensed as a federal firearms dealer under Section 923 of the
24federal Gun Control Act of 1968 (18 U.S.C. 923).
25    "Firearm" means any device, by whatever name known, which
26is designed to expel a projectile or projectiles by the action

 

 

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1of an explosion, expansion of gas or escape of gas; excluding,
2however:
3        (1) any pneumatic gun, spring gun, paint ball gun, or
4    B-B gun which expels a single globular projectile not
5    exceeding .18 inch in diameter or which has a maximum
6    muzzle velocity of less than 700 feet per second;
7        (1.1) any pneumatic gun, spring gun, paint ball gun, or
8    B-B gun which expels breakable paint balls containing
9    washable marking colors;
10        (2) any device used exclusively for signalling or
11    safety and required or recommended by the United States
12    Coast Guard or the Interstate Commerce Commission;
13        (3) any device used exclusively for the firing of stud
14    cartridges, explosive rivets or similar industrial
15    ammunition; and
16        (4) an antique firearm (other than a machine-gun)
17    which, although designed as a weapon, the Department of
18    State Police finds by reason of the date of its
19    manufacture, value, design, and other characteristics is
20    primarily a collector's item and is not likely to be used
21    as a weapon.
22    "Firearm ammunition" means any self-contained cartridge or
23shotgun shell, by whatever name known, which is designed to be
24used or adaptable to use in a firearm; excluding, however:
25        (1) any ammunition exclusively designed for use with a
26    device used exclusively for signalling or safety and

 

 

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1    required or recommended by the United States Coast Guard or
2    the Interstate Commerce Commission; and
3        (2) any ammunition designed exclusively for use with a
4    stud or rivet driver or other similar industrial
5    ammunition.
6    "Gun show" means an event or function:
7        (1) at which the sale and transfer of firearms is the
8    regular and normal course of business and where 50 or more
9    firearms are displayed, offered, or exhibited for sale,
10    transfer, or exchange; or
11        (2) at which not less than 10 gun show vendors display,
12    offer, or exhibit for sale, sell, transfer, or exchange
13    firearms.
14    "Gun show" includes the entire premises provided for an
15event or function, including parking areas for the event or
16function, that is sponsored to facilitate the purchase, sale,
17transfer, or exchange of firearms as described in this Section.
18Nothing in this definition shall be construed to exclude a gun
19show held in conjunction with competitive shooting events at
20the World Shooting Complex sanctioned by a national governing
21body in which the sale or transfer of firearms is authorized
22under subparagraph (5) of paragraph (g) of subsection (A) of
23Section 24-3 of the Criminal Code of 2012.
24    Unless otherwise expressly stated, "gun show" "Gun show"
25does not include training or safety classes, competitive
26shooting events, such as rifle, shotgun, or handgun matches,

 

 

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1trap, skeet, or sporting clays shoots, dinners, banquets,
2raffles, or any other event where the sale or transfer of
3firearms is not the primary course of business.
4    "Gun show promoter" means a person who organizes or
5operates a gun show.
6    "Gun show vendor" means a person who exhibits, sells,
7offers for sale, transfers, or exchanges any firearms at a gun
8show, regardless of whether the person arranges with a gun show
9promoter for a fixed location from which to exhibit, sell,
10offer for sale, transfer, or exchange any firearm.
11    "Intellectually disabled" means significantly subaverage
12general intellectual functioning which exists concurrently
13with impairment in adaptive behavior and which originates
14before the age of 18 years.
15    "Involuntarily admitted" has the meaning as prescribed in
16Sections 1-119 and 1-119.1 of the Mental Health and
17Developmental Disabilities Code.
18    "Mental health facility" means any licensed private
19hospital or hospital affiliate, institution, or facility, or
20part thereof, and any facility, or part thereof, operated by
21the State or a political subdivision thereof which provide
22treatment of persons with mental illness and includes all
23hospitals, institutions, clinics, evaluation facilities,
24mental health centers, colleges, universities, long-term care
25facilities, and nursing homes, or parts thereof, which provide
26treatment of persons with mental illness whether or not the

 

 

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1primary purpose is to provide treatment of persons with mental
2illness.
3    "National governing body" means a group of persons who
4adopt rules and formulate policy on behalf of a national
5firearm sporting organization.
6    "Patient" means:
7        (1) a person who voluntarily receives mental health
8    treatment as an in-patient or resident of any public or
9    private mental health facility, unless the treatment was
10    solely for an alcohol abuse disorder and no other secondary
11    substance abuse disorder or mental illness; or
12        (2) a person who voluntarily receives mental health
13    treatment as an out-patient or is provided services by a
14    public or private mental health facility, and who poses a
15    clear and present danger to himself, herself, or to others.
16    "Physician" has the meaning as defined in Section 1-120 of
17the Mental Health and Developmental Disabilities Code.
18    "Qualified examiner" has the meaning provided in Section
191-122 of the Mental Health and Developmental Disabilities Code.
20    "Sanctioned competitive shooting event" means a shooting
21contest officially recognized by a national or state shooting
22sport association, and includes any sight-in or practice
23conducted in conjunction with the event.
24    "School administrator" means the person required to report
25under the School Administrator Reporting of Mental Health Clear
26and Present Danger Determinations Law.

 

 

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1    "Stun gun or taser" has the meaning ascribed to it in
2Section 24-1 of the Criminal Code of 2012.
3(Source: P.A. 97-776, eff. 7-13-12; 97-1150, eff. 1-25-13;
497-1167, eff. 6-1-13; 98-63, eff. 7-9-13.)
 
5    (430 ILCS 65/2)  (from Ch. 38, par. 83-2)
6    Sec. 2. Firearm Owner's Identification Card required;
7exceptions.
8    (a) (1) No person may acquire or possess any firearm, stun
9    gun, or taser within this State without having in his or
10    her possession a Firearm Owner's Identification Card
11    previously issued in his or her name by the Department of
12    State Police under the provisions of this Act.
13        (2) No person may acquire or possess firearm ammunition
14    within this State without having in his or her possession a
15    Firearm Owner's Identification Card previously issued in
16    his or her name by the Department of State Police under the
17    provisions of this Act.
18    (b) The provisions of this Section regarding the possession
19of firearms, firearm ammunition, stun guns, and tasers do not
20apply to:
21        (1) United States Marshals, while engaged in the
22    operation of their official duties;
23        (2) Members of the Armed Forces of the United States or
24    the National Guard, while engaged in the operation of their
25    official duties;

 

 

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1        (3) Federal officials required to carry firearms,
2    while engaged in the operation of their official duties;
3        (4) Members of bona fide veterans organizations which
4    receive firearms directly from the armed forces of the
5    United States, while using the firearms for ceremonial
6    purposes with blank ammunition;
7        (5) Nonresident hunters during hunting season, with
8    valid nonresident hunting licenses and while in an area
9    where hunting is permitted; however, at all other times and
10    in all other places these persons must have their firearms
11    unloaded and enclosed in a case;
12        (6) Those hunters exempt from obtaining a hunting
13    license who are required to submit their Firearm Owner's
14    Identification Card when hunting on Department of Natural
15    Resources owned or managed sites;
16        (7) Nonresidents while on a firing or shooting range
17    recognized by the Department of State Police; however,
18    these persons must at all other times and in all other
19    places have their firearms unloaded and enclosed in a case;
20        (8) Nonresidents while at a firearm showing or display
21    recognized by the Department of State Police; however, at
22    all other times and in all other places these persons must
23    have their firearms unloaded and enclosed in a case;
24        (9) Nonresidents whose firearms are unloaded and
25    enclosed in a case;
26        (10) Nonresidents who are currently licensed or

 

 

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1    registered to possess a firearm in their resident state;
2        (11) Unemancipated minors while in the custody and
3    immediate control of their parent or legal guardian or
4    other person in loco parentis to the minor if the parent or
5    legal guardian or other person in loco parentis to the
6    minor has a currently valid Firearm Owner's Identification
7    Card;
8        (12) Color guards of bona fide veterans organizations
9    or members of bona fide American Legion bands while using
10    firearms for ceremonial purposes with blank ammunition;
11        (13) Nonresident hunters whose state of residence does
12    not require them to be licensed or registered to possess a
13    firearm and only during hunting season, with valid hunting
14    licenses, while accompanied by, and using a firearm owned
15    by, a person who possesses a valid Firearm Owner's
16    Identification Card and while in an area within a
17    commercial club licensed under the Wildlife Code where
18    hunting is permitted and controlled, but in no instance
19    upon sites owned or managed by the Department of Natural
20    Resources;
21        (14) Resident hunters who are properly authorized to
22    hunt and, while accompanied by a person who possesses a
23    valid Firearm Owner's Identification Card, hunt in an area
24    within a commercial club licensed under the Wildlife Code
25    where hunting is permitted and controlled;
26        (15) A person who is otherwise eligible to obtain a

 

 

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1    Firearm Owner's Identification Card under this Act and is
2    under the direct supervision of a holder of a Firearm
3    Owner's Identification Card who is 21 years of age or older
4    while the person is on a firing or shooting range or is a
5    participant in a firearms safety and training course
6    recognized by a law enforcement agency or a national,
7    statewide shooting sports organization; and
8        (16) Competitive shooting athletes whose competition
9    firearms are sanctioned by the International Olympic
10    Committee, the International Paralympic Committee, the
11    International Shooting Sport Federation, or USA Shooting
12    in connection with such athletes' training for and
13    participation in shooting competitions at the 2016 Olympic
14    and Paralympic Games and sanctioned test events leading up
15    to the 2016 Olympic and Paralympic Games.
16    (c) The provisions of this Section regarding the
17acquisition and possession of firearms, firearm ammunition,
18stun guns, and tasers do not apply to law enforcement officials
19of this or any other jurisdiction, while engaged in the
20operation of their official duties.
21    (c-5) The provisions of paragraphs (1) and (2) of
22subsection (a) of this Section regarding the possession of
23firearms and firearm ammunition do not apply to the holder of a
24valid concealed carry license issued under the Firearm
25Concealed Carry Act who is in physical possession of the
26concealed carry license.

 

 

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1    (d) Any person who becomes a resident of this State, who is
2not otherwise prohibited from obtaining, possessing, or using a
3firearm or firearm ammunition, shall not be required to have a
4Firearm Owner's Identification Card to possess firearms or
5firearms ammunition until 60 calendar days after he or she
6obtains an Illinois driver's license or Illinois
7Identification Card.
8(Source: P.A. 96-7, eff. 4-3-09; 97-1131, eff. 1-1-13.)
 
9    (430 ILCS 65/3)  (from Ch. 38, par. 83-3)
10    Sec. 3. (a) Except as provided in Section 3a, no person may
11knowingly transfer, or cause to be transferred, any firearm,
12firearm ammunition, stun gun, or taser to any person within
13this State unless the transferee with whom he deals displays
14either: (1) a currently valid Firearm Owner's Identification
15Card which has previously been issued in his or her name by the
16Department of State Police under the provisions of this Act; or
17(2) a currently valid license to carry a concealed firearm
18which has previously been issued in his or her name by the
19Department of State Police under the Firearm Concealed Carry
20Act. In addition, all firearm, stun gun, and taser transfers by
21federally licensed firearm dealers are subject to Section 3.1.
22    (a-5) Any person who is not a federally licensed firearm
23dealer and who desires to transfer or sell a firearm while that
24person is on the grounds of a gun show must, before selling or
25transferring the firearm, request the Department of State

 

 

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1Police to conduct a background check on the prospective
2recipient of the firearm in accordance with Section 3.1.
3    (a-10) Notwithstanding item (2) of subsection (a) of this
4Section, any Any person who is not a federally licensed firearm
5dealer and who desires to transfer or sell a firearm or
6firearms to any person who is not a federally licensed firearm
7dealer shall, before selling or transferring the firearms,
8contact the Department of State Police with the transferee's or
9purchaser's Firearm Owner's Identification Card number to
10determine the validity of the transferee's or purchaser's
11Firearm Owner's Identification Card. This subsection shall not
12be effective until January 1, 2014. The Department of State
13Police may adopt rules concerning the implementation of this
14subsection. The Department of State Police shall provide the
15seller or transferor an approval number if the purchaser's
16Firearm Owner's Identification Card is valid. Approvals issued
17by the Department for the purchase of a firearm pursuant to
18this subsection are valid for 30 days from the date of issue.
19    (a-15) The provisions of subsection (a-10) of this Section
20do not apply to:
21        (1) transfers that occur at the place of business of a
22    federally licensed firearm dealer, if the federally
23    licensed firearm dealer conducts a background check on the
24    prospective recipient of the firearm in accordance with
25    Section 3.1 of this Act and follows all other applicable
26    federal, State, and local laws as if he or she were the

 

 

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1    seller or transferor of the firearm, although the dealer is
2    not required to accept the firearm into his or her
3    inventory. The purchaser or transferee may be required by
4    the federally licensed firearm dealer to pay a fee not to
5    exceed $10 per firearm, which the dealer may retain as
6    compensation for performing the functions required under
7    this paragraph, plus the applicable fees authorized by
8    Section 3.1;
9        (2) transfers as a bona fide gift to the transferor's
10    husband, wife, son, daughter, stepson, stepdaughter,
11    father, mother, stepfather, stepmother, brother, sister,
12    nephew, niece, uncle, aunt, grandfather, grandmother,
13    grandson, granddaughter, father-in-law, mother-in-law,
14    son-in-law, or daughter-in-law;
15        (3) transfers by persons acting pursuant to operation
16    of law or a court order;
17        (4) transfers on the grounds of a gun show under
18    subsection (a-5) of this Section;
19        (5) the delivery of a firearm by its owner to a
20    gunsmith for service or repair, the return of the firearm
21    to its owner by the gunsmith, or the delivery of a firearm
22    by a gunsmith to a federally licensed firearms dealer for
23    service or repair and the return of the firearm to the
24    gunsmith;
25        (6) temporary transfers that occur while in the home of
26    the unlicensed transferee, if the unlicensed transferee is

 

 

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1    not otherwise prohibited from possessing firearms and the
2    unlicensed transferee reasonably believes that possession
3    of the firearm is necessary to prevent imminent death or
4    great bodily harm to the unlicensed transferee;
5        (7) transfers to a law enforcement or corrections
6    agency or a law enforcement or corrections officer acting
7    within the course and scope of his or her official duties;
8        (8) transfers of firearms that have been rendered
9    permanently inoperable to a nonprofit historical society,
10    museum, or institutional collection; and
11        (9) transfers to a person who is exempt from the
12    requirement of possessing a Firearm Owner's Identification
13    Card under Section 2 of this Act.
14    (a-20) The Department of State Police shall develop an
15Internet-based system for individuals to determine the
16validity of a Firearm Owner's Identification Card prior to the
17sale or transfer of a firearm. The Department shall have the
18Internet-based system completed and available for use by July
191, 2015. The Department shall adopt rules not inconsistent with
20this Section to implement this system.
21    (b) Any person within this State who transfers or causes to
22be transferred any firearm, stun gun, or taser shall keep a
23record of such transfer for a period of 10 years from the date
24of transfer. Such record shall contain the date of the
25transfer; the description, serial number or other information
26identifying the firearm, stun gun, or taser if no serial number

 

 

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1is available; and, if the transfer was completed within this
2State, the transferee's Firearm Owner's Identification Card
3number and any approval number or documentation provided by the
4Department of State Police pursuant to subsection (a-10) of
5this Section. On or after January 1, 2006, the record shall
6contain the date of application for transfer of the firearm. On
7demand of a peace officer such transferor shall produce for
8inspection such record of transfer. If the transfer or sale
9took place at a gun show, the record shall include the unique
10identification number. Failure to record the unique
11identification number or approval number is a petty offense.
12    (b-5) Any resident may purchase ammunition from a person
13within or outside of Illinois if shipment is by United States
14mail or by a private express carrier authorized by federal law
15to ship ammunition. Any resident purchasing ammunition within
16or outside the State of Illinois must provide the seller with a
17copy of his or her valid Firearm Owner's Identification Card or
18valid concealed carry license and either his or her Illinois
19driver's license or Illinois State Identification Card prior to
20the shipment of the ammunition. The ammunition may be shipped
21only to an address on either of those 2 documents.
22    (c) The provisions of this Section regarding the transfer
23of firearm ammunition shall not apply to those persons
24specified in paragraph (b) of Section 2 of this Act.
25(Source: P.A. 97-1135, eff. 12-4-12; 98-508, eff. 8-19-13.)
 

 

 

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1    (430 ILCS 65/3a)  (from Ch. 38, par. 83-3a)
2    Sec. 3a. (a) Any resident of Illinois who has obtained a
3firearm owner's identification card pursuant to this Act and
4who is not otherwise prohibited from obtaining, possessing or
5using a firearm may purchase or obtain a rifle or shotgun or
6ammunition for a rifle or shotgun in Iowa, Missouri, Indiana,
7Wisconsin or Kentucky.
8    (b) Any resident of Iowa, Missouri, Indiana, Wisconsin or
9Kentucky or a non-resident with a valid non-resident hunting
10license, who is 18 years of age or older and who is not
11prohibited by the laws of Illinois, the state of his domicile,
12or the United States from obtaining, possessing or using a
13firearm, may purchase or obtain a rifle, shotgun or ammunition
14for a rifle or shotgun in Illinois.
15    (b-5) Any non-resident who is participating in a sanctioned
16competitive shooting event, who is 18 years of age or older and
17who is not prohibited by the laws of Illinois, the state of his
18or her domicile, or the United States from obtaining,
19possessing, or using a firearm, may purchase or obtain a
20shotgun or shotgun ammunition in Illinois for the purpose of
21participating in that event. A person may purchase or obtain a
22shotgun or shotgun ammunition under this subsection only at the
23site where the sanctioned competitive shooting event is being
24held.
25    (b-10) Any non-resident registered competitor or attendee
26of a competitive shooting event held at the World Shooting

 

 

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1Complex sanctioned by a national governing body, who is not
2prohibited by the laws of Illinois, the state of his or her
3domicile, or the United States from obtaining, possessing, or
4using a firearm may purchase or obtain a rifle, shotgun, or
5other long gun or ammunition for a rifle, shotgun, or other
6long gun at the competitive shooting event. The sanctioning
7body shall provide a list of registered competitors and
8attendees as required under subparagraph (5) of paragraph (g)
9of subsection (A) of Section 24-3 of the Criminal Code of 2012.
10A competitor or attendee of a competitive shooting event who
11does not wish to purchase a firearm at the event is not
12required to register or have his or her name appear on a list
13of registered competitors and attendees provided to the
14Department of State Police by the sanctioning body.
15    (c) Any transaction under this Section is subject to the
16provisions of the Gun Control Act of 1968 (18 U.S.C. 922
17(b)(3)).
18(Source: P.A. 94-353, eff. 7-29-05.)
 
19    (430 ILCS 65/10)  (from Ch. 38, par. 83-10)
20    Sec. 10. Appeal to director; hearing; relief from firearm
21prohibitions.
22    (a) Whenever an application for a Firearm Owner's
23Identification Card is denied, whenever the Department fails to
24act on an application within 30 days of its receipt, or
25whenever such a Card is revoked or seized as provided for in

 

 

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1Section 8 of this Act, the aggrieved party may appeal to the
2Director of State Police for a hearing upon such denial,
3revocation or seizure, unless the denial, revocation, or
4seizure was based upon a forcible felony, stalking, aggravated
5stalking, domestic battery, any violation of the Illinois
6Controlled Substances Act, the Methamphetamine Control and
7Community Protection Act, or the Cannabis Control Act that is
8classified as a Class 2 or greater felony, any felony violation
9of Article 24 of the Criminal Code of 1961 or the Criminal Code
10of 2012, or any adjudication as a delinquent minor for the
11commission of an offense that if committed by an adult would be
12a felony, in which case the aggrieved party may petition the
13circuit court in writing in the county of his or her residence
14for a hearing upon such denial, revocation, or seizure.
15    (b) At least 30 days before any hearing in the circuit
16court, the petitioner shall serve the relevant State's Attorney
17with a copy of the petition. The State's Attorney may object to
18the petition and present evidence. At the hearing the court
19shall determine whether substantial justice has been done.
20Should the court determine that substantial justice has not
21been done, the court shall issue an order directing the
22Department of State Police to issue a Card. However, the court
23shall not issue the order if the petitioner is otherwise
24prohibited from obtaining, possessing, or using a firearm under
25federal law.
26    (c) Any person prohibited from possessing a firearm under

 

 

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1Sections 24-1.1 or 24-3.1 of the Criminal Code of 2012 or
2acquiring a Firearm Owner's Identification Card under Section 8
3of this Act may apply to the Director of State Police or
4petition the circuit court in the county where the petitioner
5resides, whichever is applicable in accordance with subsection
6(a) of this Section, requesting relief from such prohibition
7and the Director or court may grant such relief if it is
8established by the applicant to the court's or Director's
9satisfaction that:
10        (0.05) when in the circuit court, the State's Attorney
11    has been served with a written copy of the petition at
12    least 30 days before any such hearing in the circuit court
13    and at the hearing the State's Attorney was afforded an
14    opportunity to present evidence and object to the petition;
15        (1) the applicant has not been convicted of a forcible
16    felony under the laws of this State or any other
17    jurisdiction within 20 years of the applicant's
18    application for a Firearm Owner's Identification Card, or
19    at least 20 years have passed since the end of any period
20    of imprisonment imposed in relation to that conviction;
21        (2) the circumstances regarding a criminal conviction,
22    where applicable, the applicant's criminal history and his
23    reputation are such that the applicant will not be likely
24    to act in a manner dangerous to public safety;
25        (3) granting relief would not be contrary to the public
26    interest; and

 

 

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1        (4) granting relief would not be contrary to federal
2    law.
3    (c-5) (1) An active law enforcement officer employed by a
4unit of government, who is denied, revoked, or has his or her
5Firearm Owner's Identification Card seized under subsection
6(e) of Section 8 of this Act may apply to the Director of State
7Police requesting relief if the officer did not act in a manner
8threatening to the officer, another person, or the public as
9determined by the treating clinical psychologist or physician,
10and as a result of his or her work is referred by the employer
11for or voluntarily seeks mental health evaluation or treatment
12by a licensed clinical psychologist, psychiatrist, or
13qualified examiner, and:
14        (A) the officer has not received treatment
15    involuntarily at a mental health facility, regardless of
16    the length of admission; or has not been voluntarily
17    admitted to a mental health facility for more than 30 days
18    and not for more than one incident within the past 5 years;
19    and
20        (B) the officer has not left the mental institution
21    against medical advice.
22    (2) The Director of State Police shall grant expedited
23relief to active law enforcement officers described in
24paragraph (1) of this subsection (c-5) upon a determination by
25the Director that the officer's possession of a firearm does
26not present a threat to themselves, others, or public safety.

 

 

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1The Director shall act on the request for relief within 30
2business days of receipt of:
3        (A) a notarized statement from the officer in the form
4    prescribed by the Director detailing the circumstances
5    that led to the hospitalization;
6        (B) all documentation regarding the admission,
7    evaluation, treatment and discharge from the treating
8    licensed clinical psychologist or psychiatrist of the
9    officer;
10        (C) a psychological fitness for duty evaluation of the
11    person completed after the time of discharge; and
12        (D) written confirmation in the form prescribed by the
13    Director from the treating licensed clinical psychologist
14    or psychiatrist that the provisions set forth in paragraph
15    (1) of this subsection (c-5) have been met, the person
16    successfully completed treatment, and their professional
17    opinion regarding the person's ability to possess
18    firearms.
19    (3) Officers eligible for the expedited relief in paragraph
20(2) of this subsection (c-5) have the burden of proof on
21eligibility and must provide all information required. The
22Director may not consider granting expedited relief until the
23proof and information is received.
24    (4) "Clinical psychologist", "psychiatrist", and
25"qualified examiner" shall have the same meaning as provided in
26Chapter I 1 of the Mental Health and Developmental Disabilities

 

 

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1Code.
2    (c-10) (1) An applicant, who is denied, revoked, or has his
3or her Firearm Owner's Identification Card seized under
4subsection (e) of Section 8 of this Act based upon a
5determination of a developmental disability or an intellectual
6disability may apply to the Director of State Police requesting
7relief.
8    (2) The Director shall act on the request for relief within
960 business days of receipt of written certification, in the
10form prescribed by the Director, from a physician or clinical
11psychologist, or qualified examiner, that the aggrieved
12party's developmental disability or intellectual disability
13condition is determined by a physician, clinical psychologist,
14or qualified to be mild. If a fact-finding conference is
15scheduled to obtain additional information concerning the
16circumstances of the denial or revocation, the 60 business days
17the Director has to act shall be tolled until the completion of
18the fact-finding conference.
19    (3) The Director may grant relief if the aggrieved party's
20developmental disability or intellectual disability is mild as
21determined by a physician, clinical psychologist, or qualified
22examiner and it is established by the applicant to the
23Director's satisfaction that:
24        (A) granting relief would not be contrary to the public
25    interest; and
26        (B) granting relief would not be contrary to federal

 

 

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1    law.
2    (4) The Director may not grant relief if the condition is
3determined by a physician, clinical psychologist, or qualified
4examiner to be moderate, severe, or profound.
5    (5) The changes made to this Section by this amendatory Act
6of the 99th General Assembly apply to requests for relief
7pending on or before the effective date of this amendatory Act,
8except that the 60-day period for the Director to act on
9requests pending before the effective date shall begin on the
10effective date of this amendatory Act.
11    (d) When a minor is adjudicated delinquent for an offense
12which if committed by an adult would be a felony, the court
13shall notify the Department of State Police.
14    (e) The court shall review the denial of an application or
15the revocation of a Firearm Owner's Identification Card of a
16person who has been adjudicated delinquent for an offense that
17if committed by an adult would be a felony if an application
18for relief has been filed at least 10 years after the
19adjudication of delinquency and the court determines that the
20applicant should be granted relief from disability to obtain a
21Firearm Owner's Identification Card. If the court grants
22relief, the court shall notify the Department of State Police
23that the disability has been removed and that the applicant is
24eligible to obtain a Firearm Owner's Identification Card.
25    (f) Any person who is subject to the disabilities of 18
26U.S.C. 922(d)(4) and 922(g)(4) of the federal Gun Control Act

 

 

SB0836 Enrolled- 30 -LRB099 09057 RLC 29246 b

1of 1968 because of an adjudication or commitment that occurred
2under the laws of this State or who was determined to be
3subject to the provisions of subsections (e), (f), or (g) of
4Section 8 of this Act may apply to the Department of State
5Police requesting relief from that prohibition. The Director
6shall grant the relief if it is established by a preponderance
7of the evidence that the person will not be likely to act in a
8manner dangerous to public safety and that granting relief
9would not be contrary to the public interest. In making this
10determination, the Director shall receive evidence concerning
11(i) the circumstances regarding the firearms disabilities from
12which relief is sought; (ii) the petitioner's mental health and
13criminal history records, if any; (iii) the petitioner's
14reputation, developed at a minimum through character witness
15statements, testimony, or other character evidence; and (iv)
16changes in the petitioner's condition or circumstances since
17the disqualifying events relevant to the relief sought. If
18relief is granted under this subsection or by order of a court
19under this Section, the Director shall as soon as practicable
20but in no case later than 15 business days, update, correct,
21modify, or remove the person's record in any database that the
22Department of State Police makes available to the National
23Instant Criminal Background Check System and notify the United
24States Attorney General that the basis for the record being
25made available no longer applies. The Department of State
26Police shall adopt rules for the administration of this

 

 

SB0836 Enrolled- 31 -LRB099 09057 RLC 29246 b

1Section.
2(Source: P.A. 97-1131, eff. 1-1-13; 97-1150, eff. 1-25-13;
397-1167, eff. 6-1-13; 98-63, eff. 7-9-13; revised 12-10-14.)
 
4    Section 15. The Firearm Concealed Carry Act is amended by
5changing Sections 10, 30, 55, and 65 as follows:
 
6    (430 ILCS 66/10)
7    Sec. 10. Issuance of licenses to carry a concealed firearm.
8    (a) The Department shall issue a license to carry a
9concealed firearm under this Act to an applicant who:
10        (1) meets the qualifications of Section 25 of this Act;
11        (2) has provided the application and documentation
12    required in Section 30 of this Act;
13        (3) has submitted the requisite fees; and
14        (4) does not pose a danger to himself, herself, or
15    others, or a threat to public safety as determined by the
16    Concealed Carry Licensing Review Board in accordance with
17    Section 20.
18    (b) The Department shall issue a renewal, corrected, or
19duplicate license as provided in this Act.
20    (c) A license shall be valid throughout the State for a
21period of 5 years from the date of issuance. A license shall
22permit the licensee to:
23        (1) carry a loaded or unloaded concealed firearm, fully
24    concealed or partially concealed, on or about his or her

 

 

SB0836 Enrolled- 32 -LRB099 09057 RLC 29246 b

1    person; and
2        (2) keep or carry a loaded or unloaded concealed
3    firearm on or about his or her person within a vehicle.
4    (d) The Department shall make applications for a license
5available no later than 180 days after the effective date of
6this Act. The Department shall establish rules for the
7availability and submission of applications in accordance with
8this Act.
9    (e) An application for a license submitted to the
10Department that contains all the information and materials
11required by this Act, including the requisite fee, shall be
12deemed completed. Except as otherwise provided in this Act, no
13later than 90 days after receipt of a completed application,
14the Department shall issue or deny the applicant a license.
15    (f) The Department shall deny the applicant a license if
16the applicant fails to meet the requirements under this Act or
17the Department receives a determination from the Board that the
18applicant is ineligible for a license. The Department must
19notify the applicant stating the grounds for the denial. The
20notice of denial must inform the applicant of his or her right
21to an appeal through administrative and judicial review.
22    (g) A licensee shall possess a license at all times the
23licensee carries a concealed firearm except:
24        (1) when the licensee is carrying or possessing a
25    concealed firearm on his or her land or in his or her
26    abode, legal dwelling, or fixed place of business, or on

 

 

SB0836 Enrolled- 33 -LRB099 09057 RLC 29246 b

1    the land or in the legal dwelling of another person as an
2    invitee with that person's permission;
3        (2) when the person is authorized to carry a firearm
4    under Section 24-2 of the Criminal Code of 2012, except
5    subsection (a-5) of that Section; or
6        (3) when the handgun is broken down in a
7    non-functioning state, is not immediately accessible, or
8    is unloaded and enclosed in a case.
9    (h) If an officer of a law enforcement agency initiates an
10investigative stop, including but not limited to a traffic
11stop, of a licensee or a non-resident carrying a concealed
12firearm under subsection (e) of Section 40 of this Act, upon
13the request of the officer the licensee or non-resident shall
14disclose to the officer that he or she is in possession of a
15concealed firearm under this Act, or present the license upon
16the request of the officer if he or she is a licensee or
17present upon the request of the officer evidence under
18paragraph (2) of subsection (e) of Section 40 of this Act that
19he or she is a non-resident qualified to carry under that
20subsection. The disclosure requirement under this subsection
21(h) is satisfied if the licensee presents his or her license to
22the officer or the non-resident presents to the officer
23evidence under paragraph (2) of subsection (e) of Section 40 of
24this Act that he or she is qualified to carry under that
25subsection. Upon the request of the officer, the licensee or
26non-resident shall also , and identify the location of the

 

 

SB0836 Enrolled- 34 -LRB099 09057 RLC 29246 b

1concealed firearm and permit the officer to safely secure the
2firearm for the duration of the investigative stop. During a
3traffic stop, any passenger within the vehicle who is a
4licensee or a non-resident carrying under subsection (e) of
5Section 40 of this Act must comply with the requirements of
6this subsection (h).
7    (h-1) If a licensee carrying a firearm or a non-resident
8carrying a firearm in a vehicle under subsection (e) of Section
940 of this Act is contacted by a law enforcement officer or
10emergency services personnel, the law enforcement officer or
11emergency services personnel may secure the firearm or direct
12that it be secured during the duration of the contact if the
13law enforcement officer or emergency services personnel
14determines that it is necessary for the safety of any person
15present, including the law enforcement officer or emergency
16services personnel. The licensee or nonresident shall submit to
17the order to secure the firearm. When the law enforcement
18officer or emergency services personnel have determined that
19the licensee or non-resident is not a threat to the safety of
20any person present, including the law enforcement officer or
21emergency services personnel, and if the licensee or
22non-resident is physically and mentally capable of possessing
23the firearm, the law enforcement officer or emergency services
24personnel shall return the firearm to the licensee or
25non-resident before releasing him or her from the scene and
26breaking contact. If the licensee or non-resident is

 

 

SB0836 Enrolled- 35 -LRB099 09057 RLC 29246 b

1transported for treatment to another location, the firearm
2shall be turned over to any peace officer. The peace officer
3shall provide a receipt which includes the make, model,
4caliber, and serial number of the firearm.
5    (i) The Department shall maintain a database of license
6applicants and licensees. The database shall be available to
7all federal, State, and local law enforcement agencies, State's
8Attorneys, the Attorney General, and authorized court
9personnel. Within 180 days after the effective date of this
10Act, the database shall be searchable and provide all
11information included in the application, including the
12applicant's previous addresses within the 10 years prior to the
13license application and any information related to violations
14of this Act. No law enforcement agency, State's Attorney,
15Attorney General, or member or staff of the judiciary shall
16provide any information to a requester who is not entitled to
17it by law.
18    (j) No later than 10 days after receipt of a completed
19application, the Department shall enter the relevant
20information about the applicant into the database under
21subsection (i) of this Section which is accessible by law
22enforcement agencies.
23(Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13.)
 
24    (430 ILCS 66/30)
25    Sec. 30. Contents of license application.

 

 

SB0836 Enrolled- 36 -LRB099 09057 RLC 29246 b

1    (a) The license application shall be in writing, under
2penalty of perjury, on a standard form adopted by the
3Department and shall be accompanied by the documentation
4required in this Section and the applicable fee. Each
5application form shall include the following statement printed
6in bold type: "Warning: Entering false information on this form
7is punishable as perjury under Section 32-2 of the Criminal
8Code of 2012."
9    (b) The application shall contain the following:
10        (1) the applicant's name, current address, date and
11    year of birth, place of birth, height, weight, hair color,
12    eye color, maiden name or any other name the applicant has
13    used or identified with, and any address where the
14    applicant resided for more than 30 days within the 10 years
15    preceding the date of the license application;
16        (2) the applicant's valid driver's license number or
17    valid state identification card number;
18        (3) a waiver of the applicant's privacy and
19    confidentiality rights and privileges under all federal
20    and state laws, including those limiting access to juvenile
21    court, criminal justice, psychological, or psychiatric
22    records or records relating to any institutionalization of
23    the applicant, and an affirmative request that a person
24    having custody of any of these records provide it or
25    information concerning it to the Department. The waiver
26    only applies to records sought in connection with

 

 

SB0836 Enrolled- 37 -LRB099 09057 RLC 29246 b

1    determining whether the applicant qualifies for a license
2    to carry a concealed firearm under this Act, or whether the
3    applicant remains in compliance with the Firearm Owners
4    Identification Card Act;
5        (4) an affirmation that the applicant possesses a
6    currently valid Firearm Owner's Identification Card and
7    card number if possessed or notice the applicant is
8    applying for a Firearm Owner's Identification Card in
9    conjunction with the license application;
10        (5) an affirmation that the applicant has not been
11    convicted or found guilty of:
12            (A) a felony;
13            (B) a misdemeanor involving the use or threat of
14        physical force or violence to any person within the 5
15        years preceding the date of the application; or
16            (C) 2 or more violations related to driving while
17        under the influence of alcohol, other drug or drugs,
18        intoxicating compound or compounds, or any combination
19        thereof, within the 5 years preceding the date of the
20        license application; and
21        (6) whether the applicant has failed a drug test for a
22    drug for which the applicant did not have a prescription,
23    within the previous year, and if so, the provider of the
24    test, the specific substance involved, and the date of the
25    test;
26        (7) written consent for the Department to review and

 

 

SB0836 Enrolled- 38 -LRB099 09057 RLC 29246 b

1    use the applicant's Illinois digital driver's license or
2    Illinois identification card photograph and signature;
3        (8) a full set of fingerprints submitted to the
4    Department in electronic format, provided the Department
5    may accept an application submitted without a set of
6    fingerprints in which case the Department shall be granted
7    30 days in addition to the 90 days provided under
8    subsection (e) of Section 10 of this Act to issue or deny a
9    license;
10        (9) a head and shoulder color photograph in a size
11    specified by the Department taken within the 30 days
12    preceding the date of the license application; and
13        (10) a photocopy of any certificates or other evidence
14    of compliance with the training requirements under this
15    Act.
16(Source: P.A. 98-63, eff. 7-9-13.)
 
17    (430 ILCS 66/55)
18    Sec. 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 the requisite fee and the Department may
23require a notarized statement that the licensee has changed his
24or her residence or his or her name, including the prior and
25current address or name and the date the applicant moved or

 

 

SB0836 Enrolled- 39 -LRB099 09057 RLC 29246 b

1changed his or her name. :
2        (1) a notarized statement that the licensee has changed
3    his or her residence or his or her name, including the
4    prior and current address or name and the date the
5    applicant moved or changed his or her name; and
6        (2) the requisite fee.
7    (b) A licensee shall notify the Department within 10 days
8of discovering that a license has been lost, destroyed, or
9stolen. A lost, destroyed, or stolen license is invalid. To
10request a replacement license, the licensee shall submit:
11        (1) a notarized statement that the licensee no longer
12    possesses the license, and that it was lost, destroyed, or
13    stolen;
14        (2) if applicable, a copy of a police report stating
15    that the license was stolen; and
16        (3) the requisite fee.
17    (c) A violation of this Section is a petty offense with a
18fine of $150 which shall be deposited into the Mental Health
19Reporting Fund.
20(Source: P.A. 98-63, eff. 7-9-13.)
 
21    (430 ILCS 66/65)
22    Sec. 65. Prohibited areas.
23    (a) A licensee under this Act shall not knowingly carry a
24firearm on or into:
25        (1) Any building, real property, and parking area under

 

 

SB0836 Enrolled- 40 -LRB099 09057 RLC 29246 b

1    the control of a public or private elementary or secondary
2    school.
3        (2) Any building, real property, and parking area under
4    the control of a pre-school or child care facility,
5    including any room or portion of a building under the
6    control of a pre-school or child care facility. Nothing in
7    this paragraph shall prevent the operator of a child care
8    facility in a family home from owning or possessing a
9    firearm in the home or license under this Act, if no child
10    under child care at the home is present in the home or the
11    firearm in the home is stored in a locked container when a
12    child under child care at the home is present in the home.
13        (3) Any building, parking area, or portion of a
14    building under the control of an officer of the executive
15    or legislative branch of government, provided that nothing
16    in this paragraph shall prohibit a licensee from carrying a
17    concealed firearm onto the real property, bikeway, or trail
18    in a park regulated by the Department of Natural Resources
19    or any other designated public hunting area or building
20    where firearm possession is permitted as established by the
21    Department of Natural Resources under Section 1.8 of the
22    Wildlife Code.
23        (4) Any building designated for matters before a
24    circuit court, appellate court, or the Supreme Court, or
25    any building or portion of a building under the control of
26    the Supreme Court.

 

 

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1        (5) Any building or portion of a building under the
2    control of a unit of local government.
3        (6) Any building, real property, and parking area under
4    the control of an adult or juvenile detention or
5    correctional institution, prison, or jail.
6        (7) Any building, real property, and parking area under
7    the control of a public or private hospital or hospital
8    affiliate, mental health facility, or nursing home.
9        (8) Any bus, train, or form of transportation paid for
10    in whole or in part with public funds, and any building,
11    real property, and parking area under the control of a
12    public transportation facility paid for in whole or in part
13    with public funds.
14        (9) Any building, real property, and parking area under
15    the control of an establishment that serves alcohol on its
16    premises, if more than 50% of the establishment's gross
17    receipts within the prior 3 months is from the sale of
18    alcohol. The owner of an establishment who knowingly fails
19    to prohibit concealed firearms on its premises as provided
20    in this paragraph or who knowingly makes a false statement
21    or record to avoid the prohibition on concealed firearms
22    under this paragraph is subject to the penalty under
23    subsection (c-5) of Section 10-1 of the Liquor Control Act
24    of 1934.
25        (10) Any public gathering or special event conducted on
26    property open to the public that requires the issuance of a

 

 

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1    permit from the unit of local government, provided this
2    prohibition shall not apply to a licensee who must walk
3    through a public gathering in order to access his or her
4    residence, place of business, or vehicle.
5        (11) Any building or real property that has been issued
6    a Special Event Retailer's license as defined in Section
7    1-3.17.1 of the Liquor Control Act during the time
8    designated for the sale of alcohol by the Special Event
9    Retailer's license, or a Special use permit license as
10    defined in subsection (q) of Section 5-1 of the Liquor
11    Control Act during the time designated for the sale of
12    alcohol by the Special use permit license.
13        (12) Any public playground.
14        (13) Any public park, athletic area, or athletic
15    facility under the control of a municipality or park
16    district, provided nothing in this Section shall prohibit a
17    licensee from carrying a concealed firearm while on a trail
18    or bikeway if only a portion of the trail or bikeway
19    includes a public park.
20        (14) Any real property under the control of the Cook
21    County Forest Preserve District.
22        (15) Any building, classroom, laboratory, medical
23    clinic, hospital, artistic venue, athletic venue,
24    entertainment venue, officially recognized
25    university-related organization property, whether owned or
26    leased, and any real property, including parking areas,

 

 

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1    sidewalks, and common areas under the control of a public
2    or private community college, college, or university.
3        (16) Any building, real property, or parking area under
4    the control of a gaming facility licensed under the
5    Riverboat Gambling Act or the Illinois Horse Racing Act of
6    1975, including an inter-track wagering location licensee.
7        (17) Any stadium, arena, or the real property or
8    parking area under the control of a stadium, arena, or any
9    collegiate or professional sporting event.
10        (18) Any building, real property, or parking area under
11    the control of a public library.
12        (19) Any building, real property, or parking area under
13    the control of an airport.
14        (20) Any building, real property, or parking area under
15    the control of an amusement park.
16        (21) Any building, real property, or parking area under
17    the control of a zoo or museum.
18        (22) Any street, driveway, parking area, property,
19    building, or facility, owned, leased, controlled, or used
20    by a nuclear energy, storage, weapons, or development site
21    or facility regulated by the federal Nuclear Regulatory
22    Commission. The licensee shall not under any circumstance
23    store a firearm or ammunition in his or her vehicle or in a
24    compartment or container within a vehicle located anywhere
25    in or on the street, driveway, parking area, property,
26    building, or facility described in this paragraph.

 

 

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1        (23) Any area where firearms are prohibited under
2    federal law.
3    (a-5) Nothing in this Act shall prohibit a public or
4private community college, college, or university from:
5        (1) prohibiting persons from carrying a firearm within
6    a vehicle owned, leased, or controlled by the college or
7    university;
8        (2) developing resolutions, regulations, or policies
9    regarding student, employee, or visitor misconduct and
10    discipline, including suspension and expulsion;
11        (3) developing resolutions, regulations, or policies
12    regarding the storage or maintenance of firearms, which
13    must include designated areas where persons can park
14    vehicles that carry firearms; and
15        (4) permitting the carrying or use of firearms for the
16    purpose of instruction and curriculum of officially
17    recognized programs, including but not limited to military
18    science and law enforcement training programs, or in any
19    designated area used for hunting purposes or target
20    shooting.
21    (a-10) The owner of private real property of any type may
22prohibit the carrying of concealed firearms on the property
23under his or her control. The owner must post a sign in
24accordance with subsection (d) of this Section indicating that
25firearms are prohibited on the property, unless the property is
26a private residence.

 

 

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1    (b) Notwithstanding subsections (a), (a-5), and (a-10) of
2this Section except under paragraph (22) or (23) of subsection
3(a), any licensee prohibited from carrying a concealed firearm
4into the parking area of a prohibited location specified in
5subsection (a), (a-5), or (a-10) of this Section shall be
6permitted to carry a concealed firearm on or about his or her
7person within a vehicle into the parking area and may store a
8firearm or ammunition concealed in a case within a locked
9vehicle or locked container out of plain view within the
10vehicle in the parking area. A licensee may carry a concealed
11firearm in the immediate area surrounding his or her vehicle
12within a prohibited parking lot area only for the limited
13purpose of storing or retrieving a firearm within the vehicle's
14trunk, provided the licensee ensures the concealed firearm is
15unloaded prior to exiting the vehicle. For purposes of this
16subsection, "case" includes a glove compartment or console that
17completely encloses the concealed firearm or ammunition, the
18trunk of the vehicle, or a firearm carrying box, shipping box,
19or other container.
20    (c) A licensee shall not be in violation of this Section
21while he or she is traveling along a public right of way that
22touches or crosses any of the premises under subsection (a),
23(a-5), or (a-10) of this Section if the concealed firearm is
24carried on his or her person in accordance with the provisions
25of this Act or is being transported in a vehicle by the
26licensee in accordance with all other applicable provisions of

 

 

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1law.
2    (d) Signs stating that the carrying of firearms is
3prohibited shall be clearly and conspicuously posted at the
4entrance of a building, premises, or real property specified in
5this Section as a prohibited area, unless the building or
6premises is a private residence. Signs shall be of a uniform
7design as established by the Department and shall be 4 inches
8by 6 inches in size. The Department shall adopt rules for
9standardized signs to be used under this subsection.
10(Source: P.A. 98-63, eff. 7-9-13.)
 
11    Section 20. The Criminal Code of 2012 is amended by
12changing Sections 24-1 and 24-3 as follows:
 
13    (720 ILCS 5/24-1)  (from Ch. 38, par. 24-1)
14    Sec. 24-1. Unlawful Use of Weapons.
15    (a) A person commits the offense of unlawful use of weapons
16when he knowingly:
17        (1) Sells, manufactures, purchases, possesses or
18    carries any bludgeon, black-jack, slung-shot, sand-club,
19    sand-bag, metal knuckles or other knuckle weapon
20    regardless of its composition, throwing star, or any knife,
21    commonly referred to as a switchblade knife, which has a
22    blade that opens automatically by hand pressure applied to
23    a button, spring or other device in the handle of the
24    knife, or a ballistic knife, which is a device that propels

 

 

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1    a knifelike blade as a projectile by means of a coil
2    spring, elastic material or compressed gas; or
3        (2) Carries or possesses with intent to use the same
4    unlawfully against another, a dagger, dirk, billy,
5    dangerous knife, razor, stiletto, broken bottle or other
6    piece of glass, stun gun or taser or any other dangerous or
7    deadly weapon or instrument of like character; or
8        (3) Carries on or about his person or in any vehicle, a
9    tear gas gun projector or bomb or any object containing
10    noxious liquid gas or substance, other than an object
11    containing a non-lethal noxious liquid gas or substance
12    designed solely for personal defense carried by a person 18
13    years of age or older; or
14        (4) Carries or possesses in any vehicle or concealed on
15    or about his person except when on his land or in his own
16    abode, legal dwelling, or fixed place of business, or on
17    the land or in the legal dwelling of another person as an
18    invitee with that person's permission, any pistol,
19    revolver, stun gun or taser or other firearm, except that
20    this subsection (a) (4) does not apply to or affect
21    transportation of weapons that meet one of the following
22    conditions:
23            (i) are broken down in a non-functioning state; or
24            (ii) are not immediately accessible; or
25            (iii) are unloaded and enclosed in a case, firearm
26        carrying box, shipping box, or other container by a

 

 

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1        person who has been issued a currently valid Firearm
2        Owner's Identification Card; or
3            (iv) are carried or possessed in accordance with
4        the Firearm Concealed Carry Act by a person who has
5        been issued a currently valid license under the Firearm
6        Concealed Carry Act; or
7        (5) Sets a spring gun; or
8        (6) Possesses any device or attachment of any kind
9    designed, used or intended for use in silencing the report
10    of any firearm; or
11        (7) Sells, manufactures, purchases, possesses or
12    carries:
13            (i) a machine gun, which shall be defined for the
14        purposes of this subsection as any weapon, which
15        shoots, is designed to shoot, or can be readily
16        restored to shoot, automatically more than one shot
17        without manually reloading by a single function of the
18        trigger, including the frame or receiver of any such
19        weapon, or sells, manufactures, purchases, possesses,
20        or carries any combination of parts designed or
21        intended for use in converting any weapon into a
22        machine gun, or any combination or parts from which a
23        machine gun can be assembled if such parts are in the
24        possession or under the control of a person;
25            (ii) any rifle having one or more barrels less than
26        16 inches in length or a shotgun having one or more

 

 

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1        barrels less than 18 inches in length or any weapon
2        made from a rifle or shotgun, whether by alteration,
3        modification, or otherwise, if such a weapon as
4        modified has an overall length of less than 26 inches;
5        or
6            (iii) any bomb, bomb-shell, grenade, bottle or
7        other container containing an explosive substance of
8        over one-quarter ounce for like purposes, such as, but
9        not limited to, black powder bombs and Molotov
10        cocktails or artillery projectiles; or
11        (8) Carries or possesses any firearm, stun gun or taser
12    or other deadly weapon in any place which is licensed to
13    sell intoxicating beverages, or at any public gathering
14    held pursuant to a license issued by any governmental body
15    or any public gathering at which an admission is charged,
16    excluding a place where a showing, demonstration or lecture
17    involving the exhibition of unloaded firearms is
18    conducted.
19        This subsection (a)(8) does not apply to any auction or
20    raffle of a firearm held pursuant to a license or permit
21    issued by a governmental body, nor does it apply to persons
22    engaged in firearm safety training courses; or
23        (9) Carries or possesses in a vehicle or on or about
24    his person any pistol, revolver, stun gun or taser or
25    firearm or ballistic knife, when he is hooded, robed or
26    masked in such manner as to conceal his identity; or

 

 

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1        (10) Carries or possesses on or about his person, upon
2    any public street, alley, or other public lands within the
3    corporate limits of a city, village or incorporated town,
4    except when an invitee thereon or therein, for the purpose
5    of the display of such weapon or the lawful commerce in
6    weapons, or except when on his land or in his own abode,
7    legal dwelling, or fixed place of business, or on the land
8    or in the legal dwelling of another person as an invitee
9    with that person's permission, any pistol, revolver, stun
10    gun or taser or other firearm, except that this subsection
11    (a) (10) does not apply to or affect transportation of
12    weapons that meet one of the following conditions:
13            (i) are broken down in a non-functioning state; or
14            (ii) are not immediately accessible; or
15            (iii) are unloaded and enclosed in a case, firearm
16        carrying box, shipping box, or other container by a
17        person who has been issued a currently valid Firearm
18        Owner's Identification Card; or .
19            (iv) are carried or possessed in accordance with
20        the Firearm Concealed Carry Act by a person who has
21        been issued a currently valid license under the Firearm
22        Concealed Carry Act.
23        A "stun gun or taser", as used in this paragraph (a)
24    means (i) any device which is powered by electrical
25    charging units, such as, batteries, and which fires one or
26    several barbs attached to a length of wire and which, upon

 

 

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1    hitting a human, can send out a current capable of
2    disrupting the person's nervous system in such a manner as
3    to render him incapable of normal functioning or (ii) any
4    device which is powered by electrical charging units, such
5    as batteries, and which, upon contact with a human or
6    clothing worn by a human, can send out current capable of
7    disrupting the person's nervous system in such a manner as
8    to render him incapable of normal functioning; or
9        (11) Sells, manufactures or purchases any explosive
10    bullet. For purposes of this paragraph (a) "explosive
11    bullet" means the projectile portion of an ammunition
12    cartridge which contains or carries an explosive charge
13    which will explode upon contact with the flesh of a human
14    or an animal. "Cartridge" means a tubular metal case having
15    a projectile affixed at the front thereof and a cap or
16    primer at the rear end thereof, with the propellant
17    contained in such tube between the projectile and the cap;
18    or
19        (12) (Blank); or
20        (13) Carries or possesses on or about his or her person
21    while in a building occupied by a unit of government, a
22    billy club, other weapon of like character, or other
23    instrument of like character intended for use as a weapon.
24    For the purposes of this Section, "billy club" means a
25    short stick or club commonly carried by police officers
26    which is either telescopic or constructed of a solid piece

 

 

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1    of wood or other man-made material.
2    (b) Sentence. A person convicted of a violation of
3subsection 24-1(a)(1) through (5), subsection 24-1(a)(10),
4subsection 24-1(a)(11), or subsection 24-1(a)(13) commits a
5Class A misdemeanor. A person convicted of a violation of
6subsection 24-1(a)(8) or 24-1(a)(9) commits a Class 4 felony; a
7person convicted of a violation of subsection 24-1(a)(6) or
824-1(a)(7)(ii) or (iii) commits a Class 3 felony. A person
9convicted of a violation of subsection 24-1(a)(7)(i) commits a
10Class 2 felony and shall be sentenced to a term of imprisonment
11of not less than 3 years and not more than 7 years, unless the
12weapon is possessed in the passenger compartment of a motor
13vehicle as defined in Section 1-146 of the Illinois Vehicle
14Code, or on the person, while the weapon is loaded, in which
15case it shall be a Class X felony. A person convicted of a
16second or subsequent violation of subsection 24-1(a)(4),
1724-1(a)(8), 24-1(a)(9), or 24-1(a)(10) commits a Class 3
18felony. The possession of each weapon in violation of this
19Section constitutes a single and separate violation.
20    (c) Violations in specific places.
21        (1) A person who violates subsection 24-1(a)(6) or
22    24-1(a)(7) in any school, regardless of the time of day or
23    the time of year, in residential property owned, operated
24    or managed by a public housing agency or leased by a public
25    housing agency as part of a scattered site or mixed-income
26    development, in a public park, in a courthouse, on the real

 

 

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1    property comprising any school, regardless of the time of
2    day or the time of year, on residential property owned,
3    operated or managed by a public housing agency or leased by
4    a public housing agency as part of a scattered site or
5    mixed-income development, on the real property comprising
6    any public park, on the real property comprising any
7    courthouse, in any conveyance owned, leased or contracted
8    by a school to transport students to or from school or a
9    school related activity, in any conveyance owned, leased,
10    or contracted by a public transportation agency, or on any
11    public way within 1,000 feet of the real property
12    comprising any school, public park, courthouse, public
13    transportation facility, or residential property owned,
14    operated, or managed by a public housing agency or leased
15    by a public housing agency as part of a scattered site or
16    mixed-income development commits a Class 2 felony and shall
17    be sentenced to a term of imprisonment of not less than 3
18    years and not more than 7 years.
19        (1.5) A person who violates subsection 24-1(a)(4),
20    24-1(a)(9), or 24-1(a)(10) in any school, regardless of the
21    time of day or the time of year, in residential property
22    owned, operated, or managed by a public housing agency or
23    leased by a public housing agency as part of a scattered
24    site or mixed-income development, in a public park, in a
25    courthouse, on the real property comprising any school,
26    regardless of the time of day or the time of year, on

 

 

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1    residential property owned, operated, or managed by a
2    public housing agency or leased by a public housing agency
3    as part of a scattered site or mixed-income development, on
4    the real property comprising any public park, on the real
5    property comprising any courthouse, in any conveyance
6    owned, leased, or contracted by a school to transport
7    students to or from school or a school related activity, in
8    any conveyance owned, leased, or contracted by a public
9    transportation agency, or on any public way within 1,000
10    feet of the real property comprising any school, public
11    park, courthouse, public transportation facility, or
12    residential property owned, operated, or managed by a
13    public housing agency or leased by a public housing agency
14    as part of a scattered site or mixed-income development
15    commits a Class 3 felony.
16        (2) A person who violates subsection 24-1(a)(1),
17    24-1(a)(2), or 24-1(a)(3) in any school, regardless of the
18    time of day or the time of year, in residential property
19    owned, operated or managed by a public housing agency or
20    leased by a public housing agency as part of a scattered
21    site or mixed-income development, in a public park, in a
22    courthouse, on the real property comprising any school,
23    regardless of the time of day or the time of year, on
24    residential property owned, operated or managed by a public
25    housing agency or leased by a public housing agency as part
26    of a scattered site or mixed-income development, on the

 

 

SB0836 Enrolled- 55 -LRB099 09057 RLC 29246 b

1    real property comprising any public park, on the real
2    property comprising any courthouse, in any conveyance
3    owned, leased or contracted by a school to transport
4    students to or from school or a school related activity, in
5    any conveyance owned, leased, or contracted by a public
6    transportation agency, or on any public way within 1,000
7    feet of the real property comprising any school, public
8    park, courthouse, public transportation facility, or
9    residential property owned, operated, or managed by a
10    public housing agency or leased by a public housing agency
11    as part of a scattered site or mixed-income development
12    commits a Class 4 felony. "Courthouse" means any building
13    that is used by the Circuit, Appellate, or Supreme Court of
14    this State for the conduct of official business.
15        (3) Paragraphs (1), (1.5), and (2) of this subsection
16    (c) shall not apply to law enforcement officers or security
17    officers of such school, college, or university or to
18    students carrying or possessing firearms for use in
19    training courses, parades, hunting, target shooting on
20    school ranges, or otherwise with the consent of school
21    authorities and which firearms are transported unloaded
22    enclosed in a suitable case, box, or transportation
23    package.
24        (4) For the purposes of this subsection (c), "school"
25    means any public or private elementary or secondary school,
26    community college, college, or university.

 

 

SB0836 Enrolled- 56 -LRB099 09057 RLC 29246 b

1        (5) For the purposes of this subsection (c), "public
2    transportation agency" means a public or private agency
3    that provides for the transportation or conveyance of
4    persons by means available to the general public, except
5    for transportation by automobiles not used for conveyance
6    of the general public as passengers; and "public
7    transportation facility" means a terminal or other place
8    where one may obtain public transportation.
9    (d) The presence in an automobile other than a public
10omnibus of any weapon, instrument or substance referred to in
11subsection (a)(7) is prima facie evidence that it is in the
12possession of, and is being carried by, all persons occupying
13such automobile at the time such weapon, instrument or
14substance is found, except under the following circumstances:
15(i) if such weapon, instrument or instrumentality is found upon
16the person of one of the occupants therein; or (ii) if such
17weapon, instrument or substance is found in an automobile
18operated for hire by a duly licensed driver in the due, lawful
19and proper pursuit of his trade, then such presumption shall
20not apply to the driver.
21    (e) Exemptions. Crossbows, Common or Compound bows and
22Underwater Spearguns are exempted from the definition of
23ballistic knife as defined in paragraph (1) of subsection (a)
24of this Section.
25(Source: P.A. 95-331, eff. 8-21-07; 95-809, eff. 1-1-09;
2695-885, eff. 1-1-09; 96-41, eff. 1-1-10; 96-328, eff. 8-11-09;

 

 

SB0836 Enrolled- 57 -LRB099 09057 RLC 29246 b

196-742, eff. 8-25-09; 96-1000, eff. 7-2-10.)
 
2    (720 ILCS 5/24-3)  (from Ch. 38, par. 24-3)
3    Sec. 24-3. Unlawful sale or delivery of firearms.
4    (A) A person commits the offense of unlawful sale or
5delivery of firearms when he or she knowingly does any of the
6following:
7        (a) Sells or gives any firearm of a size which may be
8    concealed upon the person to any person under 18 years of
9    age.
10        (b) Sells or gives any firearm to a person under 21
11    years of age who has been convicted of a misdemeanor other
12    than a traffic offense or adjudged delinquent.
13        (c) Sells or gives any firearm to any narcotic addict.
14        (d) Sells or gives any firearm to any person who has
15    been convicted of a felony under the laws of this or any
16    other jurisdiction.
17        (e) Sells or gives any firearm to any person who has
18    been a patient in a mental institution within the past 5
19    years. In this subsection (e):
20            "Mental institution" means any hospital,
21        institution, clinic, evaluation facility, mental
22        health center, or part thereof, which is used primarily
23        for the care or treatment of persons with mental
24        illness.
25            "Patient in a mental institution" means the person

 

 

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1        was admitted, either voluntarily or involuntarily, to
2        a mental institution for mental health treatment,
3        unless the treatment was voluntary and solely for an
4        alcohol abuse disorder and no other secondary
5        substance abuse disorder or mental illness.
6        (f) Sells or gives any firearms to any person who is
7    intellectually disabled.
8        (g) Delivers any firearm of a size which may be
9    concealed upon the person, incidental to a sale, without
10    withholding delivery of such firearm for at least 72 hours
11    after application for its purchase has been made, or
12    delivers any rifle, shotgun or other long gun, or a stun
13    gun or taser, incidental to a sale, without withholding
14    delivery of such rifle, shotgun or other long gun, or a
15    stun gun or taser for at least 24 hours after application
16    for its purchase has been made. However, this paragraph (g)
17    does not apply to: (1) the sale of a firearm to a law
18    enforcement officer if the seller of the firearm knows that
19    the person to whom he or she is selling the firearm is a
20    law enforcement officer or the sale of a firearm to a
21    person who desires to purchase a firearm for use in
22    promoting the public interest incident to his or her
23    employment as a bank guard, armed truck guard, or other
24    similar employment; (2) a mail order sale of a firearm from
25    a federally licensed firearms dealer to a nonresident of
26    Illinois under which the firearm is mailed to a federally

 

 

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1    licensed firearms dealer point outside the boundaries of
2    Illinois; (3) the sale of a firearm to a nonresident of
3    Illinois while at a firearm showing or display recognized
4    by the Illinois Department of State Police; or (4) the sale
5    of a firearm to a dealer licensed as a federal firearms
6    dealer under Section 923 of the federal Gun Control Act of
7    1968 (18 U.S.C. 923); or (5) the transfer or sale of any
8    rifle, shotgun, or other long gun to a resident registered
9    competitor or attendee or non-resident registered
10    competitor or attendee by any dealer licensed as a federal
11    firearms dealer under Section 923 of the federal Gun
12    Control Act of 1968 at competitive shooting events held at
13    the World Shooting Complex sanctioned by a national
14    governing body. For purposes of transfers or sales under
15    subparagraph (5) of this paragraph (g), the Department of
16    Natural Resources shall give notice to the Department of
17    State Police at least 30 calendar days prior to any
18    competitive shooting events at the World Shooting Complex
19    sanctioned by a national governing body. The notification
20    shall be made on a form prescribed by the Department of
21    State Police. The sanctioning body shall provide a list of
22    all registered competitors and attendees at least 24 hours
23    before the events to the Department of State Police. Any
24    changes to the list of registered competitors and attendees
25    shall be forwarded to the Department of State Police as
26    soon as practicable. The Department of State Police must

 

 

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1    destroy the list of registered competitors and attendees no
2    later than 30 days after the date of the event. Nothing in
3    this paragraph (g) relieves a federally licensed firearm
4    dealer from the requirements of conducting a NICS
5    background check through the Illinois Point of Contact
6    under 18 U.S.C. 922(t). For purposes of this paragraph (g),
7    "application" means when the buyer and seller reach an
8    agreement to purchase a firearm. For purposes of this
9    paragraph (g), "national governing body" means a group of
10    persons who adopt rules and formulate policy on behalf of a
11    national firearm sporting organization.
12        (h) While holding any license as a dealer, importer,
13    manufacturer or pawnbroker under the federal Gun Control
14    Act of 1968, manufactures, sells or delivers to any
15    unlicensed person a handgun having a barrel, slide, frame
16    or receiver which is a die casting of zinc alloy or any
17    other nonhomogeneous metal which will melt or deform at a
18    temperature of less than 800 degrees Fahrenheit. For
19    purposes of this paragraph, (1) "firearm" is defined as in
20    the Firearm Owners Identification Card Act; and (2)
21    "handgun" is defined as a firearm designed to be held and
22    fired by the use of a single hand, and includes a
23    combination of parts from which such a firearm can be
24    assembled.
25        (i) Sells or gives a firearm of any size to any person
26    under 18 years of age who does not possess a valid Firearm

 

 

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1    Owner's Identification Card.
2        (j) Sells or gives a firearm while engaged in the
3    business of selling firearms at wholesale or retail without
4    being licensed as a federal firearms dealer under Section
5    923 of the federal Gun Control Act of 1968 (18 U.S.C. 923).
6    In this paragraph (j):
7        A person "engaged in the business" means a person who
8    devotes time, attention, and labor to engaging in the
9    activity as a regular course of trade or business with the
10    principal objective of livelihood and profit, but does not
11    include a person who makes occasional repairs of firearms
12    or who occasionally fits special barrels, stocks, or
13    trigger mechanisms to firearms.
14        "With the principal objective of livelihood and
15    profit" means that the intent underlying the sale or
16    disposition of firearms is predominantly one of obtaining
17    livelihood and pecuniary gain, as opposed to other intents,
18    such as improving or liquidating a personal firearms
19    collection; however, proof of profit shall not be required
20    as to a person who engages in the regular and repetitive
21    purchase and disposition of firearms for criminal purposes
22    or terrorism.
23        (k) Sells or transfers ownership of a firearm to a
24    person who does not display to the seller or transferor of
25    the firearm either: (1) a currently valid Firearm Owner's
26    Identification Card that has previously been issued in the

 

 

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1    transferee's name by the Department of State Police under
2    the provisions of the Firearm Owners Identification Card
3    Act; or (2) a currently valid license to carry a concealed
4    firearm that has previously been issued in the transferee's
5    name by the Department of State Police under the Firearm
6    Concealed Carry Act. This paragraph (k) does not apply to
7    the transfer of a firearm to a person who is exempt from
8    the requirement of possessing a Firearm Owner's
9    Identification Card under Section 2 of the Firearm Owners
10    Identification Card Act. For the purposes of this Section,
11    a currently valid Firearm Owner's Identification Card
12    means (i) a Firearm Owner's Identification Card that has
13    not expired or (ii) an approval number issued in accordance
14    with subsection (a-10) of subsection 3 or Section 3.1 of
15    the Firearm Owners Identification Card Act shall be proof
16    that the Firearm Owner's Identification Card was valid.
17            (1) In addition to the other requirements of this
18        paragraph (k), all persons who are not federally
19        licensed firearms dealers must also have complied with
20        subsection (a-10) of Section 3 of the Firearm Owners
21        Identification Card Act by determining the validity of
22        a purchaser's Firearm Owner's Identification Card.
23            (2) All sellers or transferors who have complied
24        with the requirements of subparagraph (1) of this
25        paragraph (k) shall not be liable for damages in any
26        civil action arising from the use or misuse by the

 

 

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1        transferee of the firearm transferred, except for
2        willful or wanton misconduct on the part of the seller
3        or transferor.
4        (l) Not being entitled to the possession of a firearm,
5    delivers the firearm, knowing it to have been stolen or
6    converted. It may be inferred that a person who possesses a
7    firearm with knowledge that its serial number has been
8    removed or altered has knowledge that the firearm is stolen
9    or converted.
10    (B) Paragraph (h) of subsection (A) does not include
11firearms sold within 6 months after enactment of Public Act
1278-355 (approved August 21, 1973, effective October 1, 1973),
13nor is any firearm legally owned or possessed by any citizen or
14purchased by any citizen within 6 months after the enactment of
15Public Act 78-355 subject to confiscation or seizure under the
16provisions of that Public Act. Nothing in Public Act 78-355
17shall be construed to prohibit the gift or trade of any firearm
18if that firearm was legally held or acquired within 6 months
19after the enactment of that Public Act.
20    (C) Sentence.
21        (1) Any person convicted of unlawful sale or delivery
22    of firearms in violation of paragraph (c), (e), (f), (g),
23    or (h) of subsection (A) commits a Class 4 felony.
24        (2) Any person convicted of unlawful sale or delivery
25    of firearms in violation of paragraph (b) or (i) of
26    subsection (A) commits a Class 3 felony.

 

 

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1        (3) Any person convicted of unlawful sale or delivery
2    of firearms in violation of paragraph (a) of subsection (A)
3    commits a Class 2 felony.
4        (4) Any person convicted of unlawful sale or delivery
5    of firearms in violation of paragraph (a), (b), or (i) of
6    subsection (A) in any school, on the real property
7    comprising a school, within 1,000 feet of the real property
8    comprising a school, at a school related activity, or on or
9    within 1,000 feet of any conveyance owned, leased, or
10    contracted by a school or school district to transport
11    students to or from school or a school related activity,
12    regardless of the time of day or time of year at which the
13    offense was committed, commits a Class 1 felony. Any person
14    convicted of a second or subsequent violation of unlawful
15    sale or delivery of firearms in violation of paragraph (a),
16    (b), or (i) of subsection (A) in any school, on the real
17    property comprising a school, within 1,000 feet of the real
18    property comprising a school, at a school related activity,
19    or on or within 1,000 feet of any conveyance owned, leased,
20    or contracted by a school or school district to transport
21    students to or from school or a school related activity,
22    regardless of the time of day or time of year at which the
23    offense was committed, commits a Class 1 felony for which
24    the sentence shall be a term of imprisonment of no less
25    than 5 years and no more than 15 years.
26        (5) Any person convicted of unlawful sale or delivery

 

 

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1    of firearms in violation of paragraph (a) or (i) of
2    subsection (A) in residential property owned, operated, or
3    managed by a public housing agency or leased by a public
4    housing agency as part of a scattered site or mixed-income
5    development, in a public park, in a courthouse, on
6    residential property owned, operated, or managed by a
7    public housing agency or leased by a public housing agency
8    as part of a scattered site or mixed-income development, on
9    the real property comprising any public park, on the real
10    property comprising any courthouse, or on any public way
11    within 1,000 feet of the real property comprising any
12    public park, courthouse, or residential property owned,
13    operated, or managed by a public housing agency or leased
14    by a public housing agency as part of a scattered site or
15    mixed-income development commits a Class 2 felony.
16        (6) Any person convicted of unlawful sale or delivery
17    of firearms in violation of paragraph (j) of subsection (A)
18    commits a Class A misdemeanor. A second or subsequent
19    violation is a Class 4 felony.
20        (7) Any person convicted of unlawful sale or delivery
21    of firearms in violation of paragraph (k) of subsection (A)
22    commits a Class 4 felony, except that a violation of
23    subparagraph (1) of paragraph (k) of subsection (A) shall
24    not be punishable as a crime or petty offense. A third or
25    subsequent conviction for a violation of paragraph (k) of
26    subsection (A) is a Class 1 felony.

 

 

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1        (8) A person 18 years of age or older convicted of
2    unlawful sale or delivery of firearms in violation of
3    paragraph (a) or (i) of subsection (A), when the firearm
4    that was sold or given to another person under 18 years of
5    age was used in the commission of or attempt to commit a
6    forcible felony, shall be fined or imprisoned, or both, not
7    to exceed the maximum provided for the most serious
8    forcible felony so committed or attempted by the person
9    under 18 years of age who was sold or given the firearm.
10        (9) Any person convicted of unlawful sale or delivery
11    of firearms in violation of paragraph (d) of subsection (A)
12    commits a Class 3 felony.
13        (10) Any person convicted of unlawful sale or delivery
14    of firearms in violation of paragraph (l) of subsection (A)
15    commits a Class 2 felony if the delivery is of one firearm.
16    Any person convicted of unlawful sale or delivery of
17    firearms in violation of paragraph (l) of subsection (A)
18    commits a Class 1 felony if the delivery is of not less
19    than 2 and not more than 5 firearms at the same time or
20    within a one year period. Any person convicted of unlawful
21    sale or delivery of firearms in violation of paragraph (l)
22    of subsection (A) commits a Class X felony for which he or
23    she shall be sentenced to a term of imprisonment of not
24    less than 6 years and not more than 30 years if the
25    delivery is of not less than 6 and not more than 10
26    firearms at the same time or within a 2 year period. Any

 

 

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1    person convicted of unlawful sale or delivery of firearms
2    in violation of paragraph (l) of subsection (A) commits a
3    Class X felony for which he or she shall be sentenced to a
4    term of imprisonment of not less than 6 years and not more
5    than 40 years if the delivery is of not less than 11 and
6    not more than 20 firearms at the same time or within a 3
7    year period. Any person convicted of unlawful sale or
8    delivery of firearms in violation of paragraph (l) of
9    subsection (A) commits a Class X felony for which he or she
10    shall be sentenced to a term of imprisonment of not less
11    than 6 years and not more than 50 years if the delivery is
12    of not less than 21 and not more than 30 firearms at the
13    same time or within a 4 year period. Any person convicted
14    of unlawful sale or delivery of firearms in violation of
15    paragraph (l) of subsection (A) commits a Class X felony
16    for which he or she shall be sentenced to a term of
17    imprisonment of not less than 6 years and not more than 60
18    years if the delivery is of 31 or more firearms at the same
19    time or within a 5 year period.
20    (D) For purposes of this Section:
21    "School" means a public or private elementary or secondary
22school, community college, college, or university.
23    "School related activity" means any sporting, social,
24academic, or other activity for which students' attendance or
25participation is sponsored, organized, or funded in whole or in
26part by a school or school district.

 

 

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1    (E) A prosecution for a violation of paragraph (k) of
2subsection (A) of this Section may be commenced within 6 years
3after the commission of the offense. A prosecution for a
4violation of this Section other than paragraph (g) of
5subsection (A) of this Section may be commenced within 5 years
6after the commission of the offense defined in the particular
7paragraph.
8(Source: P.A. 97-227, eff. 1-1-12; 97-347, eff. 1-1-12; 97-813,
9eff. 7-13-12; 97-1167, eff. 6-1-13; 98-508, eff. 8-19-13.)
 
10    Section 25. The Mental Health and Developmental
11Disabilities Confidentiality Act is amended by changing
12Section 12 as follows:
 
13    (740 ILCS 110/12)  (from Ch. 91 1/2, par. 812)
14    Sec. 12. (a) If the United States Secret Service or the
15Department of State Police requests information from a mental
16health or developmental disability facility, as defined in
17Section 1-107 and 1-114 of the Mental Health and Developmental
18Disabilities Code, relating to a specific recipient and the
19facility director determines that disclosure of such
20information may be necessary to protect the life of, or to
21prevent the infliction of great bodily harm to, a public
22official, or a person under the protection of the United States
23Secret Service, only the following information may be
24disclosed: the recipient's name, address, and age and the date

 

 

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1of any admission to or discharge from a facility; and any
2information which would indicate whether or not the recipient
3has a history of violence or presents a danger of violence to
4the person under protection. Any information so disclosed shall
5be used for investigative purposes only and shall not be
6publicly disseminated. Any person participating in good faith
7in the disclosure of such information in accordance with this
8provision shall have immunity from any liability, civil,
9criminal or otherwise, if such information is disclosed relying
10upon the representation of an officer of the United States
11Secret Service or the Department of State Police that a person
12is under the protection of the United States Secret Service or
13is a public official.
14    For the purpose of this subsection (a), the term "public
15official" means the Governor, Lieutenant Governor, Attorney
16General, Secretary of State, State Comptroller, State
17Treasurer, member of the General Assembly, member of the United
18States Congress, Judge of the United States as defined in 28
19U.S.C. 451, Justice of the United States as defined in 28
20U.S.C. 451, United States Magistrate Judge as defined in 28
21U.S.C. 639, Bankruptcy Judge appointed under 28 U.S.C. 152, or
22Supreme, Appellate, Circuit, or Associate Judge of the State of
23Illinois. The term shall also include the spouse, child or
24children of a public official.
25    (b) The Department of Human Services (acting as successor
26to the Department of Mental Health and Developmental

 

 

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1Disabilities) and all public or private hospitals and mental
2health facilities are required, as hereafter described in this
3subsection, to furnish the Department of State Police only such
4information as may be required for the sole purpose of
5determining whether an individual who may be or may have been a
6patient is disqualified because of that status from receiving
7or retaining a Firearm Owner's Identification Card or falls
8within the federal prohibitors under subsection (e), (f), (g),
9(r), (s), or (t) of Section 8 of the Firearm Owners
10Identification Card Act, or falls within the federal
11prohibitors in 18 U.S.C. 922(g) and (n). All physicians,
12clinical psychologists, or qualified examiners at public or
13private mental health facilities or parts thereof as defined in
14this subsection shall, in the form and manner required by the
15Department, provide notice directly to the Department of Human
16Services, or to his or her employer who shall then report to
17the Department, within 24 hours after determining that a person
18patient as described in clause (2) of the definition of
19"patient" in Section 1.1 of the Firearm Owners Identification
20Card Act poses a clear and present danger to himself, herself,
21or others, or within 7 days after a person 14 years or older is
22determined to be developmentally disabled by a physician,
23clinical psychologist, or qualified examiner as described in
24Section 1.1 of the Firearm Owners Identification Card Act. If a
25person is a patient as described in clause (1) of the
26definition of "patient" in Section 1.1 of the Firearm Owners

 

 

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1Identification Card Act, this This information shall be
2furnished within 24 hours after the physician, clinical
3psychologist, or qualified examiner has made a determination,
4or within 7 days after admission to a public or private
5hospital or mental health facility or the provision of services
6to a patient described in clause (1) of the definition of
7"patient" in Section 1.1 of the Firearm Owners Identification
8Card Act. Any such information disclosed under this subsection
9shall remain privileged and confidential, and shall not be
10redisclosed, except as required by subsection (e) of Section
113.1 of the Firearm Owners Identification Card Act, nor utilized
12for any other purpose. The method of requiring the providing of
13such information shall guarantee that no information is
14released beyond what is necessary for this purpose. In
15addition, the information disclosed shall be provided by the
16Department within the time period established by Section 24-3
17of the Criminal Code of 2012 regarding the delivery of
18firearms. The method used shall be sufficient to provide the
19necessary information within the prescribed time period, which
20may include periodically providing lists to the Department of
21Human Services or any public or private hospital or mental
22health facility of Firearm Owner's Identification Card
23applicants on which the Department or hospital shall indicate
24the identities of those individuals who are to its knowledge
25disqualified from having a Firearm Owner's Identification Card
26for reasons described herein. The Department may provide for a

 

 

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1centralized source of information for the State on this subject
2under its jurisdiction. The identity of the person reporting
3under this subsection shall not be disclosed to the subject of
4the report. For the purposes of this subsection, the physician,
5clinical psychologist, or qualified examiner making the
6determination and his or her employer shall not be held
7criminally, civilly, or professionally liable for making or not
8making the notification required under this subsection, except
9for willful or wanton misconduct.
10    Any person, institution, or agency, under this Act,
11participating in good faith in the reporting or disclosure of
12records and communications otherwise in accordance with this
13provision or with rules, regulations or guidelines issued by
14the Department shall have immunity from any liability, civil,
15criminal or otherwise, that might result by reason of the
16action. For the purpose of any proceeding, civil or criminal,
17arising out of a report or disclosure in accordance with this
18provision, the good faith of any person, institution, or agency
19so reporting or disclosing shall be presumed. The full extent
20of the immunity provided in this subsection (b) shall apply to
21any person, institution or agency that fails to make a report
22or disclosure in the good faith belief that the report or
23disclosure would violate federal regulations governing the
24confidentiality of alcohol and drug abuse patient records
25implementing 42 U.S.C. 290dd-3 and 290ee-3.
26    For purposes of this subsection (b) only, the following

 

 

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1terms shall have the meaning prescribed:
2        (1) (Blank).
3        (1.3) "Clear and present danger" has the meaning as
4    defined in Section 1.1 of the Firearm Owners Identification
5    Card Act.
6        (1.5) "Developmentally disabled" has the meaning as
7    defined in Section 1.1 of the Firearm Owners Identification
8    Card Act.
9        (2) "Patient" has the meaning as defined in Section 1.1
10    of the Firearm Owners Identification Card Act.
11        (3) "Mental health facility" has the meaning as defined
12    in Section 1.1 of the Firearm Owners Identification Card
13    Act.
14    (c) Upon the request of a peace officer who takes a person
15into custody and transports such person to a mental health or
16developmental disability facility pursuant to Section 3-606 or
174-404 of the Mental Health and Developmental Disabilities Code
18or who transports a person from such facility, a facility
19director shall furnish said peace officer the name, address,
20age and name of the nearest relative of the person transported
21to or from the mental health or developmental disability
22facility. In no case shall the facility director disclose to
23the peace officer any information relating to the diagnosis,
24treatment or evaluation of the person's mental or physical
25health.
26    For the purposes of this subsection (c), the terms "mental

 

 

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1health or developmental disability facility", "peace officer"
2and "facility director" shall have the meanings ascribed to
3them in the Mental Health and Developmental Disabilities Code.
4    (d) Upon the request of a peace officer or prosecuting
5authority who is conducting a bona fide investigation of a
6criminal offense, or attempting to apprehend a fugitive from
7justice, a facility director may disclose whether a person is
8present at the facility. Upon request of a peace officer or
9prosecuting authority who has a valid forcible felony warrant
10issued, a facility director shall disclose: (1) whether the
11person who is the subject of the warrant is present at the
12facility and (2) the date of that person's discharge or future
13discharge from the facility. The requesting peace officer or
14prosecuting authority must furnish a case number and the
15purpose of the investigation or an outstanding arrest warrant
16at the time of the request. Any person, institution, or agency
17participating in good faith in disclosing such information in
18accordance with this subsection (d) is immune from any
19liability, civil, criminal or otherwise, that might result by
20reason of the action.
21(Source: P.A. 97-1150, eff. 1-25-13; 98-63, eff. 7-9-13.)
 
22    Section 99. Effective date. This Act takes effect upon
23becoming law.