720 ILCS 5/ Criminal Code of 2012.

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720 ILCS 5/24-6

(720 ILCS 5/24-6) (from Ch. 38, par. 24-6)

Sec. 24-6. Confiscation and disposition of weapons.

(a) Upon conviction of an offense in which a weapon was used or
possessed by the offender, any weapon seized shall be confiscated by the
trial court.

(b) Any stolen weapon so confiscated, when no longer
needed for evidentiary purposes, shall be returned to the person entitled to
possession, if known.  After the
disposition of a criminal case or in any criminal case where a final judgment
in the case was not entered due to the death of the defendant, and when a
confiscated weapon is no longer needed for evidentiary purposes, and when in
due course no legitimate claim has been made for the weapon, the court may
transfer the weapon to the sheriff of the county who may proceed to
destroy it, or may in its discretion order the weapon preserved as
property of the governmental body whose police agency seized the weapon, or
may in its discretion order the weapon to be transferred to the Illinois State Police for use by the crime laboratory system, for training
purposes, or for any other application as deemed appropriate by the
Department.  If, after the disposition of a criminal case, a need still
exists for the use of the confiscated weapon for evidentiary purposes, the
court may transfer the weapon to the custody of the State Department of
Corrections for preservation.  The court may not order the transfer of the
weapon to any private individual or private organization other than to return
a stolen weapon to its rightful owner.

The provisions of this Section shall not apply to violations of the Fish
and Aquatic Life Code or the Wildlife Code.  Confiscation
of weapons for Fish and Aquatic Life Code and Wildlife Code
violations shall be only as provided in those Codes.

(c) Any mental hospital that admits a person as an inpatient pursuant
to any of the provisions of the Mental Health and Developmental
Disabilities Code shall confiscate any firearms in the possession of that
person at the time of admission, or at any time the firearms are
discovered in the person's possession during the course of hospitalization.
The hospital shall, as soon as possible following confiscation, transfer
custody of the firearms to the appropriate law enforcement agency. The
hospital shall give written notice to the person from whom the firearm was
confiscated of the identity and address of the law enforcement agency to
which it has given the firearm.

The law enforcement agency shall maintain possession of any firearm it
obtains pursuant to this subsection for a minimum of 90 days.  Thereafter,
the firearm may be disposed of pursuant to the provisions of subsection (b)
of this Section.

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

720 ILCS 5/24-7

(720 ILCS 5/24-7)

Sec. 24-7.

Weapons offenses; community service.

In addition to any other
sentence that may be imposed, a court shall order any person convicted of a
violation of this Article to perform community service for not less than 30 and
not more than 120 hours, if community service is available in the jurisdiction
and is funded and approved by the county board of the county where the
offense was committed. In addition, whenever any person is placed on
supervision for an alleged offense under this Article, the supervision shall be
conditioned upon the performance of the community service.

This Section does not apply when the court imposes a sentence of
incarceration.

(Source: P.A. 88-558, eff. 1-1-95; 89-8, eff. 3-21-95.)

720 ILCS 5/24-8

(720 ILCS 5/24-8)

Sec. 24-8. Firearm evidence.

(a) Upon recovering a firearm from the possession
of anyone who is not permitted by federal or State
law
to possess a firearm, a law enforcement agency shall
use the best available information, including a firearms trace when necessary,
to determine how and from whom the person gained
possession of the firearm.
 Upon recovering a firearm that was used in the commission of any offense
classified as a felony or upon recovering a firearm that appears to have been
lost, mislaid,
stolen, or
otherwise unclaimed, a law enforcement agency shall use the best
available
information, including a firearms trace, to determine prior
ownership of
the firearm.

(b) Law enforcement shall, when appropriate, use the National
Tracing Center of the
Federal
Bureau of Alcohol, Tobacco and Firearms and the National Crime Information Center of the Federal Bureau of Investigation in complying with subsection (a) of
this Section.

(c) Law enforcement agencies shall use the Illinois State Police Law Enforcement Agencies Data System (LEADS) Gun File to enter all
stolen, seized, or recovered firearms as prescribed by LEADS regulations and
policies.

(d)  Whenever a law enforcement agency recovers a fired cartridge case at a crime scene or has reason to believe that the recovered fired cartridge case is related to or associated with the commission of a crime, the law enforcement agency shall submit the evidence to the National Integrated Ballistics Information Network (NIBIN) or an Illinois State Police laboratory for NIBIN processing.  Whenever a law enforcement agency seizes or recovers a semiautomatic firearm that is deemed suitable to be entered into the NIBIN that was: (i) unlawfully possessed, (ii) used for any unlawful purpose, (iii) recovered from the scene of a crime, (iv) is reasonably believed to have been used or associated with the commission of a crime, or (v) is acquired by the law enforcement agency as an abandoned or discarded firearm, the law enforcement agency shall submit the evidence to the NIBIN or an Illinois State Police laboratory for NIBIN processing.
 When practicable, all NIBIN-suitable evidence and NIBIN-suitable test fires from recovered firearms shall be entered into the NIBIN within 2 business days of submission to Illinois State Police laboratories that have NIBIN access  or another NIBIN site.  Exceptions to this may occur if the evidence in question requires analysis by other forensic disciplines.  The Illinois State Police laboratory, submitting agency, and relevant court representatives shall determine whether the request for additional analysis outweighs the 2 business-day requirement.
 Illinois State Police laboratories that do not have NIBIN access shall submit NIBIN-suitable evidence and test fires to an Illinois State Police laboratory with NIBIN access.  Upon receipt at the laboratory with NIBIN access, when practicable, the evidence and test fires shall be entered into the NIBIN within 2 business days.  Exceptions to this 2 business-day requirement may occur if the evidence in question requires analysis by other forensic disciplines.  The Illinois State Police laboratory, submitting agency, and relevant court representatives shall determine whether the request for additional analysis outweighs the 2 business-day requirement.
Nothing in this Section shall be interpreted to conflict with standards and policies for NIBIN sites as promulgated by the federal Bureau of Alcohol, Tobacco, Firearms and Explosives or successor agencies.

(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)