HB5471 EnrolledLRB102 24372 BMS 33606 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. This Act may be referred to as the Protect
5Illinois Communities Act.
 
6    Section 3. The Illinois Administrative Procedure Act is
7amended by adding Section 5-45.35 as follows:
 
8    (5 ILCS 100/5-45.35 new)
9    Sec. 5-45.35. Emergency rulemaking. To provide for the
10expeditious and timely implementation of this amendatory Act
11of the 102nd General Assembly, emergency rules implementing
12this amendatory Act of the 102nd General Assembly may be
13adopted in accordance with Section 5-45 by the Illinois State
14Police. The adoption of emergency rules authorized by Section
155-45 and this Section is deemed to be necessary for the public
16interest, safety, and welfare.
17    This Section is repealed one year after the effective date
18of this amendatory Act of the 102nd General Assembly.
 
19    Section 4. The Freedom of Information Act is amended by
20changing Section 7.5 as follows:
 

 

 

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1    (5 ILCS 140/7.5)
2    Sec. 7.5. Statutory exemptions. To the extent provided for
3by the statutes referenced below, the following shall be
4exempt from inspection and copying:
5        (a) All information determined to be confidential
6    under Section 4002 of the Technology Advancement and
7    Development Act.
8        (b) Library circulation and order records identifying
9    library users with specific materials under the Library
10    Records Confidentiality Act.
11        (c) Applications, related documents, and medical
12    records received by the Experimental Organ Transplantation
13    Procedures Board and any and all documents or other
14    records prepared by the Experimental Organ Transplantation
15    Procedures Board or its staff relating to applications it
16    has received.
17        (d) Information and records held by the Department of
18    Public Health and its authorized representatives relating
19    to known or suspected cases of sexually transmissible
20    disease or any information the disclosure of which is
21    restricted under the Illinois Sexually Transmissible
22    Disease Control Act.
23        (e) Information the disclosure of which is exempted
24    under Section 30 of the Radon Industry Licensing Act.
25        (f) Firm performance evaluations under Section 55 of
26    the Architectural, Engineering, and Land Surveying

 

 

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1    Qualifications Based Selection Act.
2        (g) Information the disclosure of which is restricted
3    and exempted under Section 50 of the Illinois Prepaid
4    Tuition Act.
5        (h) Information the disclosure of which is exempted
6    under the State Officials and Employees Ethics Act, and
7    records of any lawfully created State or local inspector
8    general's office that would be exempt if created or
9    obtained by an Executive Inspector General's office under
10    that Act.
11        (i) Information contained in a local emergency energy
12    plan submitted to a municipality in accordance with a
13    local emergency energy plan ordinance that is adopted
14    under Section 11-21.5-5 of the Illinois Municipal Code.
15        (j) Information and data concerning the distribution
16    of surcharge moneys collected and remitted by carriers
17    under the Emergency Telephone System Act.
18        (k) Law enforcement officer identification information
19    or driver identification information compiled by a law
20    enforcement agency or the Department of Transportation
21    under Section 11-212 of the Illinois Vehicle Code.
22        (l) Records and information provided to a residential
23    health care facility resident sexual assault and death
24    review team or the Executive Council under the Abuse
25    Prevention Review Team Act.
26        (m) Information provided to the predatory lending

 

 

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1    database created pursuant to Article 3 of the Residential
2    Real Property Disclosure Act, except to the extent
3    authorized under that Article.
4        (n) Defense budgets and petitions for certification of
5    compensation and expenses for court appointed trial
6    counsel as provided under Sections 10 and 15 of the
7    Capital Crimes Litigation Act. This subsection (n) shall
8    apply until the conclusion of the trial of the case, even
9    if the prosecution chooses not to pursue the death penalty
10    prior to trial or sentencing.
11        (o) Information that is prohibited from being
12    disclosed under Section 4 of the Illinois Health and
13    Hazardous Substances Registry Act.
14        (p) Security portions of system safety program plans,
15    investigation reports, surveys, schedules, lists, data, or
16    information compiled, collected, or prepared by or for the
17    Department of Transportation under Sections 2705-300 and
18    2705-616 of the Department of Transportation Law of the
19    Civil Administrative Code of Illinois, the Regional
20    Transportation Authority under Section 2.11 of the
21    Regional Transportation Authority Act, or the St. Clair
22    County Transit District under the Bi-State Transit Safety
23    Act.
24        (q) Information prohibited from being disclosed by the
25    Personnel Record Review Act.
26        (r) Information prohibited from being disclosed by the

 

 

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1    Illinois School Student Records Act.
2        (s) Information the disclosure of which is restricted
3    under Section 5-108 of the Public Utilities Act.
4        (t) All identified or deidentified health information
5    in the form of health data or medical records contained
6    in, stored in, submitted to, transferred by, or released
7    from the Illinois Health Information Exchange, and
8    identified or deidentified health information in the form
9    of health data and medical records of the Illinois Health
10    Information Exchange in the possession of the Illinois
11    Health Information Exchange Office due to its
12    administration of the Illinois Health Information
13    Exchange. The terms "identified" and "deidentified" shall
14    be given the same meaning as in the Health Insurance
15    Portability and Accountability Act of 1996, Public Law
16    104-191, or any subsequent amendments thereto, and any
17    regulations promulgated thereunder.
18        (u) Records and information provided to an independent
19    team of experts under the Developmental Disability and
20    Mental Health Safety Act (also known as Brian's Law).
21        (v) Names and information of people who have applied
22    for or received Firearm Owner's Identification Cards under
23    the Firearm Owners Identification Card Act or applied for
24    or received a concealed carry license under the Firearm
25    Concealed Carry Act, unless otherwise authorized by the
26    Firearm Concealed Carry Act; and databases under the

 

 

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1    Firearm Concealed Carry Act, records of the Concealed
2    Carry Licensing Review Board under the Firearm Concealed
3    Carry Act, and law enforcement agency objections under the
4    Firearm Concealed Carry Act.
5        (v-5) Records of the Firearm Owner's Identification
6    Card Review Board that are exempted from disclosure under
7    Section 10 of the Firearm Owners Identification Card Act.
8        (w) Personally identifiable information which is
9    exempted from disclosure under subsection (g) of Section
10    19.1 of the Toll Highway Act.
11        (x) Information which is exempted from disclosure
12    under Section 5-1014.3 of the Counties Code or Section
13    8-11-21 of the Illinois Municipal Code.
14        (y) Confidential information under the Adult
15    Protective Services Act and its predecessor enabling
16    statute, the Elder Abuse and Neglect Act, including
17    information about the identity and administrative finding
18    against any caregiver of a verified and substantiated
19    decision of abuse, neglect, or financial exploitation of
20    an eligible adult maintained in the Registry established
21    under Section 7.5 of the Adult Protective Services Act.
22        (z) Records and information provided to a fatality
23    review team or the Illinois Fatality Review Team Advisory
24    Council under Section 15 of the Adult Protective Services
25    Act.
26        (aa) Information which is exempted from disclosure

 

 

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1    under Section 2.37 of the Wildlife Code.
2        (bb) Information which is or was prohibited from
3    disclosure by the Juvenile Court Act of 1987.
4        (cc) Recordings made under the Law Enforcement
5    Officer-Worn Body Camera Act, except to the extent
6    authorized under that Act.
7        (dd) Information that is prohibited from being
8    disclosed under Section 45 of the Condominium and Common
9    Interest Community Ombudsperson Act.
10        (ee) Information that is exempted from disclosure
11    under Section 30.1 of the Pharmacy Practice Act.
12        (ff) Information that is exempted from disclosure
13    under the Revised Uniform Unclaimed Property Act.
14        (gg) Information that is prohibited from being
15    disclosed under Section 7-603.5 of the Illinois Vehicle
16    Code.
17        (hh) Records that are exempt from disclosure under
18    Section 1A-16.7 of the Election Code.
19        (ii) Information which is exempted from disclosure
20    under Section 2505-800 of the Department of Revenue Law of
21    the Civil Administrative Code of Illinois.
22        (jj) Information and reports that are required to be
23    submitted to the Department of Labor by registering day
24    and temporary labor service agencies but are exempt from
25    disclosure under subsection (a-1) of Section 45 of the Day
26    and Temporary Labor Services Act.

 

 

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1        (kk) Information prohibited from disclosure under the
2    Seizure and Forfeiture Reporting Act.
3        (ll) Information the disclosure of which is restricted
4    and exempted under Section 5-30.8 of the Illinois Public
5    Aid Code.
6        (mm) Records that are exempt from disclosure under
7    Section 4.2 of the Crime Victims Compensation Act.
8        (nn) Information that is exempt from disclosure under
9    Section 70 of the Higher Education Student Assistance Act.
10        (oo) Communications, notes, records, and reports
11    arising out of a peer support counseling session
12    prohibited from disclosure under the First Responders
13    Suicide Prevention Act.
14        (pp) Names and all identifying information relating to
15    an employee of an emergency services provider or law
16    enforcement agency under the First Responders Suicide
17    Prevention Act.
18        (qq) Information and records held by the Department of
19    Public Health and its authorized representatives collected
20    under the Reproductive Health Act.
21        (rr) Information that is exempt from disclosure under
22    the Cannabis Regulation and Tax Act.
23        (ss) Data reported by an employer to the Department of
24    Human Rights pursuant to Section 2-108 of the Illinois
25    Human Rights Act.
26        (tt) Recordings made under the Children's Advocacy

 

 

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1    Center Act, except to the extent authorized under that
2    Act.
3        (uu) Information that is exempt from disclosure under
4    Section 50 of the Sexual Assault Evidence Submission Act.
5        (vv) Information that is exempt from disclosure under
6    subsections (f) and (j) of Section 5-36 of the Illinois
7    Public Aid Code.
8        (ww) Information that is exempt from disclosure under
9    Section 16.8 of the State Treasurer Act.
10        (xx) Information that is exempt from disclosure or
11    information that shall not be made public under the
12    Illinois Insurance Code.
13        (yy) Information prohibited from being disclosed under
14    the Illinois Educational Labor Relations Act.
15        (zz) Information prohibited from being disclosed under
16    the Illinois Public Labor Relations Act.
17        (aaa) Information prohibited from being disclosed
18    under Section 1-167 of the Illinois Pension Code.
19        (bbb) Information that is prohibited from disclosure
20    by the Illinois Police Training Act and the Illinois State
21    Police Act.
22        (ccc) Records exempt from disclosure under Section
23    2605-304 of the Illinois State Police Law of the Civil
24    Administrative Code of Illinois.
25        (ddd) Information prohibited from being disclosed
26    under Section 35 of the Address Confidentiality for

 

 

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1    Victims of Domestic Violence, Sexual Assault, Human
2    Trafficking, or Stalking Act.
3        (eee) Information prohibited from being disclosed
4    under subsection (b) of Section 75 of the Domestic
5    Violence Fatality Review Act.
6        (fff) Images from cameras under the Expressway Camera
7    Act. This subsection (fff) is inoperative on and after
8    July 1, 2023.
9        (ggg) (fff) Information prohibited from disclosure
10    under paragraph (3) of subsection (a) of Section 14 of the
11    Nurse Agency Licensing Act.
12        (hhh) Information submitted to the Department of State
13    Police in an affidavit or application for an assault
14    weapon endorsement, assault weapon attachment endorsement,
15    .50 caliber rifle endorsement, or .50 caliber cartridge
16    endorsement under the Firearm Owners Identification Card
17    Act.
18(Source: P.A. 101-13, eff. 6-12-19; 101-27, eff. 6-25-19;
19101-81, eff. 7-12-19; 101-221, eff. 1-1-20; 101-236, eff.
201-1-20; 101-375, eff. 8-16-19; 101-377, eff. 8-16-19; 101-452,
21eff. 1-1-20; 101-466, eff. 1-1-20; 101-600, eff. 12-6-19;
22101-620, eff 12-20-19; 101-649, eff. 7-7-20; 101-652, eff.
231-1-22; 101-656, eff. 3-23-21; 102-36, eff. 6-25-21; 102-237,
24eff. 1-1-22; 102-292, eff. 1-1-22; 102-520, eff. 8-20-21;
25102-559, eff. 8-20-21; 102-813, eff. 5-13-22; 102-946, eff.
267-1-22; 102-1042, eff. 6-3-22; revised 8-1-22.)
 

 

 

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1    Section 5. The Illinois State Police Law of the Civil
2Administrative Code of Illinois is amended by changing
3Sections 2605-35 and 2605-51.1 as follows:
 
4    (20 ILCS 2605/2605-35)  (was 20 ILCS 2605/55a-3)
5    Sec. 2605-35. Division of Criminal Investigation.
6    (a) The Division of Criminal Investigation shall exercise
7the following functions and those in Section 2605-30:
8        (1) Exercise the rights, powers, and duties vested by
9    law in the Illinois State Police by the Illinois Horse
10    Racing Act of 1975, including those set forth in Section
11    2605-215.
12        (2) Investigate the origins, activities, personnel,
13    and incidents of crime and enforce the criminal laws of
14    this State related thereto.
15        (3) Enforce all laws regulating the production, sale,
16    prescribing, manufacturing, administering, transporting,
17    having in possession, dispensing, delivering,
18    distributing, or use of controlled substances and
19    cannabis.
20        (4) Cooperate with the police of cities, villages, and
21    incorporated towns and with the police officers of any
22    county in enforcing the laws of the State and in making
23    arrests and recovering property.
24        (5) Apprehend and deliver up any person charged in

 

 

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1    this State or any other state with treason or a felony or
2    other crime who has fled from justice and is found in this
3    State.
4        (6) Investigate recipients and providers under the
5    Illinois Public Aid Code and any personnel involved in the
6    administration of the Code who are suspected of any
7    violation of the Code pertaining to fraud in the
8    administration, receipt, or provision of assistance and
9    pertaining to any violation of criminal law; and exercise
10    the functions required under Section 2605-220 in the
11    conduct of those investigations.
12        (7) Conduct other investigations as provided by law,
13    including, but not limited to, investigations of human
14    trafficking, illegal drug trafficking, and illegal
15    firearms trafficking.
16        (8) Investigate public corruption.
17        (9) Exercise other duties that may be assigned by the
18    Director in order to fulfill the responsibilities and
19    achieve the purposes of the Illinois State Police, which
20    may include the coordination of gang, terrorist, and
21    organized crime prevention, control activities, and
22    assisting local law enforcement in their crime control
23    activities.
24        (10) Conduct investigations (and cooperate with
25    federal law enforcement agencies in the investigation) of
26    any property-related crimes, such as money laundering,

 

 

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1    involving individuals or entities listed on the sanctions
2    list maintained by the U.S. Department of Treasury's
3    Office of Foreign Asset Control.
4    (b) (Blank).
5    (c) The Division of Criminal Investigation shall provide
6statewide coordination and strategy pertaining to
7firearm-related intelligence, firearms trafficking
8interdiction, and investigations reaching across all divisions
9of the Illinois State Police, including providing crime gun
10intelligence support for suspects and firearms involved in
11firearms trafficking or the commission of a crime involving
12firearms that is investigated by the Illinois State Police and
13other federal, State, and local law enforcement agencies, with
14the objective of reducing and preventing illegal possession
15and use of firearms, firearms trafficking, firearm-related
16homicides, and other firearm-related violent crimes in
17Illinois.
18(Source: P.A. 102-538, eff. 8-20-21; 102-813, eff. 5-13-22;
19102-1108, eff. 12-21-22.)
 
20    (20 ILCS 2605/2605-51.1)
21    (Section scheduled to be repealed on June 1, 2026)
22    Sec. 2605-51.1. Commission on Implementing the Firearms
23Restraining Order Act.
24    (a) There is created the Commission on Implementing the
25Firearms Restraining Order Act composed of at least 12 members

 

 

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1to advise on the strategies of education and implementation of
2the Firearms Restraining Order Act. The Commission shall be
3appointed by the Director of the Illinois State Police or his
4or her designee and shall include a liaison or representative
5nominated from the following:
6        (1) the Office of the Attorney General, appointed by
7    the Attorney General;
8        (2) the Director of the Illinois State Police or his
9    or her designee;
10        (3) at least 3 State's Attorneys, nominated by the
11    Director of the Office of the State's Attorneys Appellate
12    Prosecutor;
13        (4) at least 2 municipal police department
14    representatives, nominated by the Illinois Association of
15    Chiefs of Police;
16        (5) an Illinois sheriff, nominated by the Illinois
17    Sheriffs' Association;
18        (6) the Director of Public Health or his or her
19    designee;
20        (7) the Illinois Law Enforcement Training Standards
21    Board, nominated by the Executive Director of the Board;
22        (8) a representative from a public defender's office,
23    nominated by the State Appellate Defender;
24        (9) a circuit court judge, nominated by the Chief
25    Justice of the Supreme Court;
26        (10) a prosecutor with experience managing or

 

 

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1    directing a program in another state where the
2    implementation of that state's extreme risk protection
3    order law has achieved high rates of petition filings
4    nominated by the National District Attorneys Association;
5    and
6        (11) an expert from law enforcement who has experience
7    managing or directing a program in another state where the
8    implementation of that state's extreme risk protection
9    order law has achieved high rates of petition filings
10    nominated by the Director of the Illinois State Police;
11    and
12        (12) a circuit court clerk, nominated by the President
13    of the Illinois Association of Court Clerks.
14    (b) The Commission shall be chaired by the Director of the
15Illinois State Police or his or her designee. The Commission
16shall meet, either virtually or in person, to discuss the
17implementation of the Firearms Restraining Order Act as
18determined by the Commission while the strategies are being
19established.
20    (c) The members of the Commission shall serve without
21compensation and shall serve 3-year terms.
22    (d) An annual report shall be submitted to the General
23Assembly by the Commission that may include summary
24information about firearms restraining order use by county,
25challenges to Firearms Restraining Order Act implementation,
26and recommendations for increasing and improving

 

 

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1implementation.
2    (e) The Commission shall develop a model policy with an
3overall framework for the timely relinquishment of firearms
4whenever a firearms restraining order is issued. The model
5policy shall be finalized within the first 4 months of
6convening. In formulating the model policy, the Commission
7shall consult counties in Illinois and other states with
8extreme risk protection order laws which have achieved a high
9rate of petition filings. Once approved, the Illinois State
10Police shall work with their local law enforcement agencies
11within their county to design a comprehensive strategy for the
12timely relinquishment of firearms, using the model policy as
13an overall framework. Each individual agency may make small
14modifications as needed to the model policy and must approve
15and adopt a policy that aligns with the model policy. The
16Illinois State Police shall convene local police chiefs and
17sheriffs within their county as needed to discuss the
18relinquishment of firearms.
19    (f) The Commission shall be dissolved June 1, 2025 (3
20years after the effective date of Public Act 102-345).
21    (g) This Section is repealed June 1, 2026 (4 years after
22the effective date of Public Act 102-345).
23(Source: P.A. 102-345, eff. 6-1-22; 102-813, eff. 5-13-22.)
 
24    Section 7. The Illinois Procurement Code is amended by
25changing Section 1-10 as follows:
 

 

 

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1    (30 ILCS 500/1-10)
2    Sec. 1-10. Application.
3    (a) This Code applies only to procurements for which
4bidders, offerors, potential contractors, or contractors were
5first solicited on or after July 1, 1998. This Code shall not
6be construed to affect or impair any contract, or any
7provision of a contract, entered into based on a solicitation
8prior to the implementation date of this Code as described in
9Article 99, including, but not limited to, any covenant
10entered into with respect to any revenue bonds or similar
11instruments. All procurements for which contracts are
12solicited between the effective date of Articles 50 and 99 and
13July 1, 1998 shall be substantially in accordance with this
14Code and its intent.
15    (b) This Code shall apply regardless of the source of the
16funds with which the contracts are paid, including federal
17assistance moneys. This Code shall not apply to:
18        (1) Contracts between the State and its political
19    subdivisions or other governments, or between State
20    governmental bodies, except as specifically provided in
21    this Code.
22        (2) Grants, except for the filing requirements of
23    Section 20-80.
24        (3) Purchase of care, except as provided in Section
25    5-30.6 of the Illinois Public Aid Code and this Section.

 

 

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1        (4) Hiring of an individual as an employee and not as
2    an independent contractor, whether pursuant to an
3    employment code or policy or by contract directly with
4    that individual.
5        (5) Collective bargaining contracts.
6        (6) Purchase of real estate, except that notice of
7    this type of contract with a value of more than $25,000
8    must be published in the Procurement Bulletin within 10
9    calendar days after the deed is recorded in the county of
10    jurisdiction. The notice shall identify the real estate
11    purchased, the names of all parties to the contract, the
12    value of the contract, and the effective date of the
13    contract.
14        (7) Contracts necessary to prepare for anticipated
15    litigation, enforcement actions, or investigations,
16    provided that the chief legal counsel to the Governor
17    shall give his or her prior approval when the procuring
18    agency is one subject to the jurisdiction of the Governor,
19    and provided that the chief legal counsel of any other
20    procuring entity subject to this Code shall give his or
21    her prior approval when the procuring entity is not one
22    subject to the jurisdiction of the Governor.
23        (8) (Blank).
24        (9) Procurement expenditures by the Illinois
25    Conservation Foundation when only private funds are used.
26        (10) (Blank).

 

 

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1        (11) Public-private agreements entered into according
2    to the procurement requirements of Section 20 of the
3    Public-Private Partnerships for Transportation Act and
4    design-build agreements entered into according to the
5    procurement requirements of Section 25 of the
6    Public-Private Partnerships for Transportation Act.
7        (12) (A) Contracts for legal, financial, and other
8    professional and artistic services entered into by the
9    Illinois Finance Authority in which the State of Illinois
10    is not obligated. Such contracts shall be awarded through
11    a competitive process authorized by the members of the
12    Illinois Finance Authority and are subject to Sections
13    5-30, 20-160, 50-13, 50-20, 50-35, and 50-37 of this Code,
14    as well as the final approval by the members of the
15    Illinois Finance Authority of the terms of the contract.
16        (B) Contracts for legal and financial services entered
17    into by the Illinois Housing Development Authority in
18    connection with the issuance of bonds in which the State
19    of Illinois is not obligated. Such contracts shall be
20    awarded through a competitive process authorized by the
21    members of the Illinois Housing Development Authority and
22    are subject to Sections 5-30, 20-160, 50-13, 50-20, 50-35,
23    and 50-37 of this Code, as well as the final approval by
24    the members of the Illinois Housing Development Authority
25    of the terms of the contract.
26        (13) Contracts for services, commodities, and

 

 

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1    equipment to support the delivery of timely forensic
2    science services in consultation with and subject to the
3    approval of the Chief Procurement Officer as provided in
4    subsection (d) of Section 5-4-3a of the Unified Code of
5    Corrections, except for the requirements of Sections
6    20-60, 20-65, 20-70, and 20-160 and Article 50 of this
7    Code; however, the Chief Procurement Officer may, in
8    writing with justification, waive any certification
9    required under Article 50 of this Code. For any contracts
10    for services which are currently provided by members of a
11    collective bargaining agreement, the applicable terms of
12    the collective bargaining agreement concerning
13    subcontracting shall be followed.
14        On and after January 1, 2019, this paragraph (13),
15    except for this sentence, is inoperative.
16        (14) Contracts for participation expenditures required
17    by a domestic or international trade show or exhibition of
18    an exhibitor, member, or sponsor.
19        (15) Contracts with a railroad or utility that
20    requires the State to reimburse the railroad or utilities
21    for the relocation of utilities for construction or other
22    public purpose. Contracts included within this paragraph
23    (15) shall include, but not be limited to, those
24    associated with: relocations, crossings, installations,
25    and maintenance. For the purposes of this paragraph (15),
26    "railroad" means any form of non-highway ground

 

 

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1    transportation that runs on rails or electromagnetic
2    guideways and "utility" means: (1) public utilities as
3    defined in Section 3-105 of the Public Utilities Act, (2)
4    telecommunications carriers as defined in Section 13-202
5    of the Public Utilities Act, (3) electric cooperatives as
6    defined in Section 3.4 of the Electric Supplier Act, (4)
7    telephone or telecommunications cooperatives as defined in
8    Section 13-212 of the Public Utilities Act, (5) rural
9    water or waste water systems with 10,000 connections or
10    less, (6) a holder as defined in Section 21-201 of the
11    Public Utilities Act, and (7) municipalities owning or
12    operating utility systems consisting of public utilities
13    as that term is defined in Section 11-117-2 of the
14    Illinois Municipal Code.
15        (16) Procurement expenditures necessary for the
16    Department of Public Health to provide the delivery of
17    timely newborn screening services in accordance with the
18    Newborn Metabolic Screening Act.
19        (17) Procurement expenditures necessary for the
20    Department of Agriculture, the Department of Financial and
21    Professional Regulation, the Department of Human Services,
22    and the Department of Public Health to implement the
23    Compassionate Use of Medical Cannabis Program and Opioid
24    Alternative Pilot Program requirements and ensure access
25    to medical cannabis for patients with debilitating medical
26    conditions in accordance with the Compassionate Use of

 

 

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1    Medical Cannabis Program Act.
2        (18) This Code does not apply to any procurements
3    necessary for the Department of Agriculture, the
4    Department of Financial and Professional Regulation, the
5    Department of Human Services, the Department of Commerce
6    and Economic Opportunity, and the Department of Public
7    Health to implement the Cannabis Regulation and Tax Act if
8    the applicable agency has made a good faith determination
9    that it is necessary and appropriate for the expenditure
10    to fall within this exemption and if the process is
11    conducted in a manner substantially in accordance with the
12    requirements of Sections 20-160, 25-60, 30-22, 50-5,
13    50-10, 50-10.5, 50-12, 50-13, 50-15, 50-20, 50-21, 50-35,
14    50-36, 50-37, 50-38, and 50-50 of this Code; however, for
15    Section 50-35, compliance applies only to contracts or
16    subcontracts over $100,000. Notice of each contract
17    entered into under this paragraph (18) that is related to
18    the procurement of goods and services identified in
19    paragraph (1) through (9) of this subsection shall be
20    published in the Procurement Bulletin within 14 calendar
21    days after contract execution. The Chief Procurement
22    Officer shall prescribe the form and content of the
23    notice. Each agency shall provide the Chief Procurement
24    Officer, on a monthly basis, in the form and content
25    prescribed by the Chief Procurement Officer, a report of
26    contracts that are related to the procurement of goods and

 

 

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1    services identified in this subsection. At a minimum, this
2    report shall include the name of the contractor, a
3    description of the supply or service provided, the total
4    amount of the contract, the term of the contract, and the
5    exception to this Code utilized. A copy of any or all of
6    these contracts shall be made available to the Chief
7    Procurement Officer immediately upon request. The Chief
8    Procurement Officer shall submit a report to the Governor
9    and General Assembly no later than November 1 of each year
10    that includes, at a minimum, an annual summary of the
11    monthly information reported to the Chief Procurement
12    Officer. This exemption becomes inoperative 5 years after
13    June 25, 2019 (the effective date of Public Act 101-27).
14        (19) Acquisition of modifications or adjustments,
15    limited to assistive technology devices and assistive
16    technology services, adaptive equipment, repairs, and
17    replacement parts to provide reasonable accommodations (i)
18    that enable a qualified applicant with a disability to
19    complete the job application process and be considered for
20    the position such qualified applicant desires, (ii) that
21    modify or adjust the work environment to enable a
22    qualified current employee with a disability to perform
23    the essential functions of the position held by that
24    employee, (iii) to enable a qualified current employee
25    with a disability to enjoy equal benefits and privileges
26    of employment as are enjoyed by other similarly situated

 

 

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1    employees without disabilities, and (iv) that allow a
2    customer, client, claimant, or member of the public
3    seeking State services full use and enjoyment of and
4    access to its programs, services, or benefits.
5        For purposes of this paragraph (19):
6        "Assistive technology devices" means any item, piece
7    of equipment, or product system, whether acquired
8    commercially off the shelf, modified, or customized, that
9    is used to increase, maintain, or improve functional
10    capabilities of individuals with disabilities.
11        "Assistive technology services" means any service that
12    directly assists an individual with a disability in
13    selection, acquisition, or use of an assistive technology
14    device.
15        "Qualified" has the same meaning and use as provided
16    under the federal Americans with Disabilities Act when
17    describing an individual with a disability.
18        (20) Procurement expenditures necessary for the
19    Illinois Commerce Commission to hire third-party
20    facilitators pursuant to Sections 16-105.17 and 16-108.18
21    of the Public Utilities Act or an ombudsman pursuant to
22    Section 16-107.5 of the Public Utilities Act, a
23    facilitator pursuant to Section 16-105.17 of the Public
24    Utilities Act, or a grid auditor pursuant to Section
25    16-105.10 of the Public Utilities Act.
26        (21) Procurement expenditures for the purchase,

 

 

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1    renewal, and expansion of software, software licenses, or
2    software maintenance agreements that support the efforts
3    of the Illinois State Police to enforce, regulate, and
4    administer the Firearm Owners Identification Card Act, the
5    Firearm Concealed Carry Act, the Firearms Restraining
6    Order Act, the Firearm Dealer License Certification Act,
7    the Law Enforcement Agencies Data System (LEADS), the
8    Uniform Crime Reporting Act, the Criminal Identification
9    Act, the Uniform Conviction Information Act, and the Gun
10    Trafficking Information Act, or establish or maintain
11    record management systems necessary to conduct human
12    trafficking investigations or gun trafficking or other
13    stolen firearm investigations. This paragraph (21) applies
14    to contracts entered into on or after the effective date
15    of this amendatory Act of the 102nd General Assembly and
16    the renewal of contracts that are in effect on the
17    effective date of this amendatory Act of the 102nd General
18    Assembly.
19    Notwithstanding any other provision of law, for contracts
20with an annual value of more than $100,000 entered into on or
21after October 1, 2017 under an exemption provided in any
22paragraph of this subsection (b), except paragraph (1), (2),
23or (5), each State agency shall post to the appropriate
24procurement bulletin the name of the contractor, a description
25of the supply or service provided, the total amount of the
26contract, the term of the contract, and the exception to the

 

 

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1Code utilized. The chief procurement officer shall submit a
2report to the Governor and General Assembly no later than
3November 1 of each year that shall include, at a minimum, an
4annual summary of the monthly information reported to the
5chief procurement officer.
6    (c) This Code does not apply to the electric power
7procurement process provided for under Section 1-75 of the
8Illinois Power Agency Act and Section 16-111.5 of the Public
9Utilities Act.
10    (d) Except for Section 20-160 and Article 50 of this Code,
11and as expressly required by Section 9.1 of the Illinois
12Lottery Law, the provisions of this Code do not apply to the
13procurement process provided for under Section 9.1 of the
14Illinois Lottery Law.
15    (e) This Code does not apply to the process used by the
16Capital Development Board to retain a person or entity to
17assist the Capital Development Board with its duties related
18to the determination of costs of a clean coal SNG brownfield
19facility, as defined by Section 1-10 of the Illinois Power
20Agency Act, as required in subsection (h-3) of Section 9-220
21of the Public Utilities Act, including calculating the range
22of capital costs, the range of operating and maintenance
23costs, or the sequestration costs or monitoring the
24construction of clean coal SNG brownfield facility for the
25full duration of construction.
26    (f) (Blank).

 

 

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1    (g) (Blank).
2    (h) This Code does not apply to the process to procure or
3contracts entered into in accordance with Sections 11-5.2 and
411-5.3 of the Illinois Public Aid Code.
5    (i) Each chief procurement officer may access records
6necessary to review whether a contract, purchase, or other
7expenditure is or is not subject to the provisions of this
8Code, unless such records would be subject to attorney-client
9privilege.
10    (j) This Code does not apply to the process used by the
11Capital Development Board to retain an artist or work or works
12of art as required in Section 14 of the Capital Development
13Board Act.
14    (k) This Code does not apply to the process to procure
15contracts, or contracts entered into, by the State Board of
16Elections or the State Electoral Board for hearing officers
17appointed pursuant to the Election Code.
18    (l) This Code does not apply to the processes used by the
19Illinois Student Assistance Commission to procure supplies and
20services paid for from the private funds of the Illinois
21Prepaid Tuition Fund. As used in this subsection (l), "private
22funds" means funds derived from deposits paid into the
23Illinois Prepaid Tuition Trust Fund and the earnings thereon.
24    (m) This Code shall apply regardless of the source of
25funds with which contracts are paid, including federal
26assistance moneys. Except as specifically provided in this

 

 

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1Code, this Code shall not apply to procurement expenditures
2necessary for the Department of Public Health to conduct the
3Healthy Illinois Survey in accordance with Section 2310-431 of
4the Department of Public Health Powers and Duties Law of the
5Civil Administrative Code of Illinois.
6(Source: P.A. 101-27, eff. 6-25-19; 101-81, eff. 7-12-19;
7101-363, eff. 8-9-19; 102-175, eff. 7-29-21; 102-483, eff
81-1-22; 102-558, eff. 8-20-21; 102-600, eff. 8-27-21; 102-662,
9eff. 9-15-21; 102-721, eff. 1-1-23; 102-813, eff. 5-13-22.)
 
10    Section 10. The Firearm Owners Identification Card Act is
11amended by changing Sections 2, 3, 4, and 8 and by adding
12Section 4.1 as follows:
 
13    (430 ILCS 65/2)  (from Ch. 38, par. 83-2)
14    Sec. 2. Firearm Owner's Identification Card required;
15exceptions.
16    (a) (1) No person may acquire or possess any firearm, stun
17gun, or taser within this State without having in his or her
18possession a Firearm Owner's Identification Card previously
19issued in his or her name by the Illinois State Police under
20the provisions of this Act.
21    (2) No person may acquire or possess firearm ammunition
22within this State without having in his or her possession a
23Firearm Owner's Identification Card previously issued in his
24or her name by the Illinois State Police under the provisions

 

 

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1of this Act.
2    (b) The provisions of this Section regarding the
3possession of firearms, firearm ammunition, stun guns, and
4tasers do not apply to:
5        (1) United States Marshals, while engaged in the
6    operation of their official duties;
7        (2) Members of the Armed Forces of the United States
8    or the National Guard, while engaged in the operation of
9    their official duties;
10        (3) Federal officials required to carry firearms,
11    while engaged in the operation of their official duties;
12        (4) Members of bona fide veterans organizations which
13    receive firearms directly from the armed forces of the
14    United States, while using the firearms for ceremonial
15    purposes with blank ammunition;
16        (5) Nonresident hunters during hunting season, with
17    valid nonresident hunting licenses and while in an area
18    where hunting is permitted; however, at all other times
19    and in all other places these persons must have their
20    firearms unloaded and enclosed in a case;
21        (6) Those hunters exempt from obtaining a hunting
22    license who are required to submit their Firearm Owner's
23    Identification Card when hunting on Department of Natural
24    Resources owned or managed sites;
25        (7) Nonresidents while on a firing or shooting range
26    recognized by the Illinois State Police; however, these

 

 

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1    persons must at all other times and in all other places
2    have their firearms unloaded and enclosed in a case;
3        (8) Nonresidents while at a firearm showing or display
4    recognized by the Illinois State Police; however, at all
5    other times and in all other places these persons must
6    have their firearms unloaded and enclosed in a case;
7        (9) Nonresidents whose firearms are unloaded and
8    enclosed in a case;
9        (10) Nonresidents who are currently licensed or
10    registered to possess a firearm in their resident state;
11        (11) Unemancipated minors while in the custody and
12    immediate control of their parent or legal guardian or
13    other person in loco parentis to the minor if the parent or
14    legal guardian or other person in loco parentis to the
15    minor has a currently valid Firearm Owner's Identification
16    Card;
17        (12) Color guards of bona fide veterans organizations
18    or members of bona fide American Legion bands while using
19    firearms for ceremonial purposes with blank ammunition;
20        (13) Nonresident hunters whose state of residence does
21    not require them to be licensed or registered to possess a
22    firearm and only during hunting season, with valid hunting
23    licenses, while accompanied by, and using a firearm owned
24    by, a person who possesses a valid Firearm Owner's
25    Identification Card and while in an area within a
26    commercial club licensed under the Wildlife Code where

 

 

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1    hunting is permitted and controlled, but in no instance
2    upon sites owned or managed by the Department of Natural
3    Resources;
4        (14) Resident hunters who are properly authorized to
5    hunt and, while accompanied by a person who possesses a
6    valid Firearm Owner's Identification Card, hunt in an area
7    within a commercial club licensed under the Wildlife Code
8    where hunting is permitted and controlled; and
9        (15) A person who is otherwise eligible to obtain a
10    Firearm Owner's Identification Card under this Act and is
11    under the direct supervision of a holder of a Firearm
12    Owner's Identification Card who is 21 years of age or
13    older while the person is on a firing or shooting range or
14    is a participant in a firearms safety and training course
15    recognized by a law enforcement agency or a national,
16    statewide shooting sports organization; and
17        (16) Competitive shooting athletes whose competition
18    firearms are sanctioned by the International Olympic
19    Committee, the International Paralympic Committee, the
20    International Shooting Sport Federation, or USA Shooting
21    in connection with such athletes' training for and
22    participation in shooting competitions at the 2016 Olympic
23    and Paralympic Games and sanctioned test events leading up
24    to the 2016 Olympic and Paralympic Games.
25    (c) The provisions of this Section regarding the
26acquisition and possession of firearms, firearm ammunition,

 

 

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1stun guns, and tasers do not apply to law enforcement
2officials of this or any other jurisdiction, while engaged in
3the operation of their official duties.
4    (c-5) The provisions of paragraphs (1) and (2) of
5subsection (a) of this Section regarding the possession of
6firearms and firearm ammunition do not apply to the holder of a
7valid concealed carry license issued under the Firearm
8Concealed Carry Act who is in physical possession of the
9concealed carry license.
10    (d) Any person who becomes a resident of this State, who is
11not otherwise prohibited from obtaining, possessing, or using
12a firearm or firearm ammunition, shall not be required to have
13a Firearm Owner's Identification Card to possess firearms or
14firearms ammunition until 60 calendar days after he or she
15obtains an Illinois driver's license or Illinois
16Identification Card.
17(Source: P.A. 102-538, eff. 8-20-21.)
 
18    (430 ILCS 65/3)  (from Ch. 38, par. 83-3)
19    (Text of Section before amendment by P.A. 102-237)
20    Sec. 3. (a) Except as provided in Section 3a, no person may
21knowingly transfer, or cause to be transferred, any firearm,
22firearm ammunition, stun gun, or taser to any person within
23this State unless the transferee with whom he deals displays
24either: (1) a currently valid Firearm Owner's Identification
25Card which has previously been issued in his or her name by the

 

 

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1Illinois State Police under the provisions of this Act; or (2)
2a currently valid license to carry a concealed firearm which
3has previously been issued in his or her name by the Illinois
4State Police under the Firearm Concealed Carry Act. In
5addition, all firearm, stun gun, and taser transfers by
6federally licensed firearm dealers are subject to Section 3.1.
7    (a-5) Any person who is not a federally licensed firearm
8dealer and who desires to transfer or sell a firearm while that
9person is on the grounds of a gun show must, before selling or
10transferring the firearm, request the Illinois State Police to
11conduct a background check on the prospective recipient of the
12firearm in accordance with Section 3.1.
13    (a-10) Notwithstanding item (2) of subsection (a) of this
14Section, any person who is not a federally licensed firearm
15dealer and who desires to transfer or sell a firearm or
16firearms to any person who is not a federally licensed firearm
17dealer shall, before selling or transferring the firearms,
18contact a federal firearm license dealer under paragraph (1)
19of subsection (a-15) of this Section to conduct the transfer
20or the Illinois State Police with the transferee's or
21purchaser's Firearm Owner's Identification Card number to
22determine the validity of the transferee's or purchaser's
23Firearm Owner's Identification Card under State and federal
24law including the National Instant Criminal Background Check
25System. This subsection shall not be effective until July 1,
262023. Until that date the transferor shall contact the

 

 

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1Illinois State Police with the transferee's or purchaser's
2Firearm Owner's Identification Card number to determine the
3validity of the card January 1, 2014. The Illinois State
4Police may adopt rules concerning the implementation of this
5subsection. The Illinois State Police shall provide the seller
6or transferor an approval number if the purchaser's Firearm
7Owner's Identification Card is valid. Approvals issued by the
8Illinois State Police for the purchase of a firearm pursuant
9to this subsection are valid for 30 days from the date of
10issue.
11    (a-15) The provisions of subsection (a-10) of this Section
12do not apply to:
13        (1) transfers that occur at the place of business of a
14    federally licensed firearm dealer, if the federally
15    licensed firearm dealer conducts a background check on the
16    prospective recipient of the firearm in accordance with
17    Section 3.1 of this Act and follows all other applicable
18    federal, State, and local laws as if he or she were the
19    seller or transferor of the firearm, although the dealer
20    is not required to accept the firearm into his or her
21    inventory. The purchaser or transferee may be required by
22    the federally licensed firearm dealer to pay a fee not to
23    exceed $25 $10 per firearm, which the dealer may retain as
24    compensation for performing the functions required under
25    this paragraph, plus the applicable fees authorized by
26    Section 3.1;

 

 

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1        (2) transfers as a bona fide gift to the transferor's
2    husband, wife, son, daughter, stepson, stepdaughter,
3    father, mother, stepfather, stepmother, brother, sister,
4    nephew, niece, uncle, aunt, grandfather, grandmother,
5    grandson, granddaughter, father-in-law, mother-in-law,
6    son-in-law, or daughter-in-law;
7        (3) transfers by persons acting pursuant to operation
8    of law or a court order;
9        (4) transfers on the grounds of a gun show under
10    subsection (a-5) of this Section;
11        (5) the delivery of a firearm by its owner to a
12    gunsmith for service or repair, the return of the firearm
13    to its owner by the gunsmith, or the delivery of a firearm
14    by a gunsmith to a federally licensed firearms dealer for
15    service or repair and the return of the firearm to the
16    gunsmith;
17        (6) temporary transfers that occur while in the home
18    of the unlicensed transferee, if the unlicensed transferee
19    is not otherwise prohibited from possessing firearms and
20    the unlicensed transferee reasonably believes that
21    possession of the firearm is necessary to prevent imminent
22    death or great bodily harm to the unlicensed transferee;
23        (7) transfers to a law enforcement or corrections
24    agency or a law enforcement or corrections officer acting
25    within the course and scope of his or her official duties;
26        (8) transfers of firearms that have been rendered

 

 

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1    permanently inoperable to a nonprofit historical society,
2    museum, or institutional collection; and
3        (9) transfers to a person who is exempt from the
4    requirement of possessing a Firearm Owner's Identification
5    Card under Section 2 of this Act.
6    (a-20) The Illinois State Police shall develop an
7Internet-based system for individuals to determine the
8validity of a Firearm Owner's Identification Card prior to the
9sale or transfer of a firearm. The Illinois State Police shall
10have the Internet-based system updated completed and available
11for use by January 1, 2024 July 1, 2015. The Illinois State
12Police shall adopt rules not inconsistent with this Section to
13implement this system, but no rule shall allow the Illinois
14State Police to retain records in contravention of State and
15federal law.
16    (a-25) On or before January 1, 2022, the Illinois State
17Police shall develop an Internet-based system upon which the
18serial numbers of firearms that have been reported stolen are
19available for public access for individuals to ensure any
20firearms are not reported stolen prior to the sale or transfer
21of a firearm under this Section. The Illinois State Police
22shall have the Internet-based system completed and available
23for use by July 1, 2022. The Illinois State Police shall adopt
24rules not inconsistent with this Section to implement this
25system.
26    (b) Any person within this State who transfers or causes

 

 

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1to be transferred any firearm, stun gun, or taser shall keep a
2record of such transfer for a period of 10 years from the date
3of transfer. Any person within this State who receives any
4firearm, stun gun, or taser pursuant to subsection (a-10)
5shall provide a record of the transfer within 10 days of the
6transfer to a federally licensed firearm dealer and shall not
7be required to maintain a transfer record. The federally
8licensed firearm dealer shall maintain the transfer record for
920 years from the date of receipt. A federally licensed
10firearm dealer may charge a fee not to exceed $25 to retain the
11record. The record shall be provided and maintained in either
12an electronic or paper format. The federally licensed firearm
13dealer shall not be liable for the accuracy of any information
14in the transfer record submitted pursuant to this Section.
15Such records record shall contain the date of the transfer;
16the description, serial number or other information
17identifying the firearm, stun gun, or taser if no serial
18number is available; and, if the transfer was completed within
19this State, the transferee's Firearm Owner's Identification
20Card number and any approval number or documentation provided
21by the Illinois State Police pursuant to subsection (a-10) of
22this Section; if the transfer was not completed within this
23State, the record shall contain the name and address of the
24transferee. On or after January 1, 2006, the record shall
25contain the date of application for transfer of the firearm.
26On demand of a peace officer such transferor shall produce for

 

 

HB5471 Enrolled- 38 -LRB102 24372 BMS 33606 b

1inspection such record of transfer. For any transfer pursuant
2to subsection (a-10) of this Section, on the demand of a peace
3officer, such transferee shall identify the federally licensed
4firearm dealer maintaining the transfer record. If the
5transfer or sale took place at a gun show, the record shall
6include the unique identification number. Failure to record
7the unique identification number or approval number is a petty
8offense. For transfers of a firearm, stun gun, or taser made on
9or after January 18, 2019 (the effective date of Public Act
10100-1178), failure by the private seller to maintain the
11transfer records in accordance with this Section, or failure
12by a transferee pursuant to subsection a-10 of this Section to
13identify the federally licensed firearm dealer maintaining the
14transfer record, is a Class A misdemeanor for the first
15offense and a Class 4 felony for a second or subsequent offense
16occurring within 10 years of the first offense and the second
17offense was committed after conviction of the first offense.
18Whenever any person who has not previously been convicted of
19any violation of subsection (a-5), the court may grant
20supervision pursuant to and consistent with the limitations of
21Section 5-6-1 of the Unified Code of Corrections. A transferee
22or transferor shall not be criminally liable under this
23Section provided that he or she provides the Illinois State
24Police with the transfer records in accordance with procedures
25established by the Illinois State Police. The Illinois State
26Police shall establish, by rule, a standard form on its

 

 

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1website.
2    (b-5) Any resident may purchase ammunition from a person
3within or outside of Illinois if shipment is by United States
4mail or by a private express carrier authorized by federal law
5to ship ammunition. Any resident purchasing ammunition within
6or outside the State of Illinois must provide the seller with a
7copy of his or her valid Firearm Owner's Identification Card
8or valid concealed carry license and either his or her
9Illinois driver's license or Illinois State Identification
10Card prior to the shipment of the ammunition. The ammunition
11may be shipped only to an address on either of those 2
12documents.
13    (c) The provisions of this Section regarding the transfer
14of firearm ammunition shall not apply to those persons
15specified in paragraph (b) of Section 2 of this Act.
16(Source: P.A. 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)
 
17    (Text of Section after amendment by P.A. 102-237)
18    Sec. 3. (a) Except as provided in Section 3a, no person may
19knowingly transfer, or cause to be transferred, any firearm,
20firearm ammunition, stun gun, or taser to any person within
21this State unless the transferee with whom he deals displays
22either: (1) a currently valid Firearm Owner's Identification
23Card which has previously been issued in his or her name by the
24Illinois State Police under the provisions of this Act; or (2)
25a currently valid license to carry a concealed firearm which

 

 

HB5471 Enrolled- 40 -LRB102 24372 BMS 33606 b

1has previously been issued in his or her name by the Illinois
2State Police under the Firearm Concealed Carry Act. In
3addition, all firearm, stun gun, and taser transfers by
4federally licensed firearm dealers are subject to Section 3.1.
5    (a-5) Any person who is not a federally licensed firearm
6dealer and who desires to transfer or sell a firearm while that
7person is on the grounds of a gun show must, before selling or
8transferring the firearm, request the Illinois State Police to
9conduct a background check on the prospective recipient of the
10firearm in accordance with Section 3.1.
11    (a-10) Notwithstanding item (2) of subsection (a) of this
12Section, any person who is not a federally licensed firearm
13dealer and who desires to transfer or sell a firearm or
14firearms to any person who is not a federally licensed firearm
15dealer shall, before selling or transferring the firearms,
16contact a federal firearm license dealer under paragraph (1)
17of subsection (a-15) of this Section to conduct the transfer
18or the Illinois State Police with the transferee's or
19purchaser's Firearm Owner's Identification Card number to
20determine the validity of the transferee's or purchaser's
21Firearm Owner's Identification Card under State and federal
22law, including the National Instant Criminal Background Check
23System. This subsection shall not be effective until July 1,
242023 January 1, 2024. Until that date the transferor shall
25contact the Illinois State Police with the transferee's or
26purchaser's Firearm Owner's Identification Card number to

 

 

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1determine the validity of the card. The Illinois State Police
2may adopt rules concerning the implementation of this
3subsection. The Illinois State Police shall provide the seller
4or transferor an approval number if the purchaser's Firearm
5Owner's Identification Card is valid. Approvals issued by the
6Illinois State Police for the purchase of a firearm pursuant
7to this subsection are valid for 30 days from the date of
8issue.
9    (a-15) The provisions of subsection (a-10) of this Section
10do not apply to:
11        (1) transfers that occur at the place of business of a
12    federally licensed firearm dealer, if the federally
13    licensed firearm dealer conducts a background check on the
14    prospective recipient of the firearm in accordance with
15    Section 3.1 of this Act and follows all other applicable
16    federal, State, and local laws as if he or she were the
17    seller or transferor of the firearm, although the dealer
18    is not required to accept the firearm into his or her
19    inventory. The purchaser or transferee may be required by
20    the federally licensed firearm dealer to pay a fee not to
21    exceed $25 per firearm, which the dealer may retain as
22    compensation for performing the functions required under
23    this paragraph, plus the applicable fees authorized by
24    Section 3.1;
25        (2) transfers as a bona fide gift to the transferor's
26    husband, wife, son, daughter, stepson, stepdaughter,

 

 

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1    father, mother, stepfather, stepmother, brother, sister,
2    nephew, niece, uncle, aunt, grandfather, grandmother,
3    grandson, granddaughter, father-in-law, mother-in-law,
4    son-in-law, or daughter-in-law;
5        (3) transfers by persons acting pursuant to operation
6    of law or a court order;
7        (4) transfers on the grounds of a gun show under
8    subsection (a-5) of this Section;
9        (5) the delivery of a firearm by its owner to a
10    gunsmith for service or repair, the return of the firearm
11    to its owner by the gunsmith, or the delivery of a firearm
12    by a gunsmith to a federally licensed firearms dealer for
13    service or repair and the return of the firearm to the
14    gunsmith;
15        (6) temporary transfers that occur while in the home
16    of the unlicensed transferee, if the unlicensed transferee
17    is not otherwise prohibited from possessing firearms and
18    the unlicensed transferee reasonably believes that
19    possession of the firearm is necessary to prevent imminent
20    death or great bodily harm to the unlicensed transferee;
21        (7) transfers to a law enforcement or corrections
22    agency or a law enforcement or corrections officer acting
23    within the course and scope of his or her official duties;
24        (8) transfers of firearms that have been rendered
25    permanently inoperable to a nonprofit historical society,
26    museum, or institutional collection; and

 

 

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1        (9) transfers to a person who is exempt from the
2    requirement of possessing a Firearm Owner's Identification
3    Card under Section 2 of this Act.
4    (a-20) The Illinois State Police shall develop an
5Internet-based system for individuals to determine the
6validity of a Firearm Owner's Identification Card prior to the
7sale or transfer of a firearm. The Illinois State Police shall
8have the Internet-based system updated and available for use
9by January 1, 2024. The Illinois State Police shall adopt
10rules not inconsistent with this Section to implement this
11system; but no rule shall allow the Illinois State Police to
12retain records in contravention of State and federal law.
13    (a-25) On or before January 1, 2022, the Illinois State
14Police shall develop an Internet-based system upon which the
15serial numbers of firearms that have been reported stolen are
16available for public access for individuals to ensure any
17firearms are not reported stolen prior to the sale or transfer
18of a firearm under this Section. The Illinois State Police
19shall have the Internet-based system completed and available
20for use by July 1, 2022. The Illinois State Police shall adopt
21rules not inconsistent with this Section to implement this
22system.
23    (b) Any person within this State who transfers or causes
24to be transferred any firearm, stun gun, or taser shall keep a
25record of such transfer for a period of 10 years from the date
26of transfer. Any person within this State who receives any

 

 

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1firearm, stun gun, or taser pursuant to subsection (a-10)
2shall provide a record of the transfer within 10 days of the
3transfer to a federally licensed firearm dealer and shall not
4be required to maintain a transfer record. The federally
5licensed firearm dealer shall maintain the transfer record for
620 years from the date of receipt. A federally licensed
7firearm dealer may charge a fee not to exceed $25 to retain the
8record. The record shall be provided and maintained in either
9an electronic or paper format. The federally licensed firearm
10dealer shall not be liable for the accuracy of any information
11in the transfer record submitted pursuant to this Section.
12Such records shall contain the date of the transfer; the
13description, serial number or other information identifying
14the firearm, stun gun, or taser if no serial number is
15available; and, if the transfer was completed within this
16State, the transferee's Firearm Owner's Identification Card
17number and any approval number or documentation provided by
18the Illinois State Police pursuant to subsection (a-10) of
19this Section; if the transfer was not completed within this
20State, the record shall contain the name and address of the
21transferee. On or after January 1, 2006, the record shall
22contain the date of application for transfer of the firearm.
23On demand of a peace officer such transferor shall produce for
24inspection such record of transfer. For any transfer pursuant
25to subsection (a-10) of this Section, on the demand of a peace
26officer, such transferee shall identify the federally licensed

 

 

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1firearm dealer maintaining the transfer record. If the
2transfer or sale took place at a gun show, the record shall
3include the unique identification number. Failure to record
4the unique identification number or approval number is a petty
5offense. For transfers of a firearm, stun gun, or taser made on
6or after January 18, 2019 (the effective date of Public Act
7100-1178), failure by the private seller to maintain the
8transfer records in accordance with this Section, or failure
9by a transferee pursuant to subsection a-10 of this Section to
10identify the federally licensed firearm dealer maintaining the
11transfer record, is a Class A misdemeanor for the first
12offense and a Class 4 felony for a second or subsequent offense
13occurring within 10 years of the first offense and the second
14offense was committed after conviction of the first offense.
15Whenever any person who has not previously been convicted of
16any violation of subsection (a-5), the court may grant
17supervision pursuant to and consistent with the limitations of
18Section 5-6-1 of the Unified Code of Corrections. A transferee
19or transferor shall not be criminally liable under this
20Section provided that he or she provides the Illinois State
21Police with the transfer records in accordance with procedures
22established by the Illinois State Police. The Illinois State
23Police shall establish, by rule, a standard form on its
24website.
25    (b-5) Any resident may purchase ammunition from a person
26within or outside of Illinois if shipment is by United States

 

 

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1mail or by a private express carrier authorized by federal law
2to ship ammunition. Any resident purchasing ammunition within
3or outside the State of Illinois must provide the seller with a
4copy of his or her valid Firearm Owner's Identification Card
5or valid concealed carry license and either his or her
6Illinois driver's license or Illinois State Identification
7Card prior to the shipment of the ammunition. The ammunition
8may be shipped only to an address on either of those 2
9documents.
10    (c) The provisions of this Section regarding the transfer
11of firearm ammunition shall not apply to those persons
12specified in paragraph (b) of Section 2 of this Act.
13(Source: P.A. 102-237, eff. 1-1-24; 102-538, eff. 8-20-21;
14102-813, eff. 5-13-22.)
 
15    (430 ILCS 65/4)  (from Ch. 38, par. 83-4)
16    Sec. 4. Application for Firearm Owner's Identification
17Cards.
18    (a) Each applicant for a Firearm Owner's Identification
19Card must:
20        (1) Submit an application as made available by the
21    Illinois State Police; and
22        (2) Submit evidence to the Illinois State Police that:
23            (i) This subparagraph (i) applies through the
24        180th day following July 12, 2019 (the effective date
25        of Public Act 101-80). He or she is 21 years of age or

 

 

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1        over, or if he or she is under 21 years of age that he
2        or she has the written consent of his or her parent or
3        legal guardian to possess and acquire firearms and
4        firearm ammunition and that he or she has never been
5        convicted of a misdemeanor other than a traffic
6        offense or adjudged delinquent, provided, however,
7        that such parent or legal guardian is not an
8        individual prohibited from having a Firearm Owner's
9        Identification Card and files an affidavit with the
10        Department as prescribed by the Department stating
11        that he or she is not an individual prohibited from
12        having a Card;
13            (i-5) This subparagraph (i-5) applies on and after
14        the 181st day following July 12, 2019 (the effective
15        date of Public Act 101-80). He or she is 21 years of
16        age or over, or if he or she is under 21 years of age
17        that he or she has never been convicted of a
18        misdemeanor other than a traffic offense or adjudged
19        delinquent and is an active duty member of the United
20        States Armed Forces or the Illinois National Guard or
21        has the written consent of his or her parent or legal
22        guardian to possess and acquire firearms and firearm
23        ammunition, provided, however, that such parent or
24        legal guardian is not an individual prohibited from
25        having a Firearm Owner's Identification Card and files
26        an affidavit with the Illinois State Police as

 

 

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1        prescribed by the Illinois State Police stating that
2        he or she is not an individual prohibited from having a
3        Card or the active duty member of the United States
4        Armed Forces or the Illinois National Guard under 21
5        years of age annually submits proof to the Illinois
6        State Police, in a manner prescribed by the Illinois
7        State Police;
8            (ii) He or she has not been convicted of a felony
9        under the laws of this or any other jurisdiction;
10            (iii) He or she is not addicted to narcotics;
11            (iv) He or she has not been a patient in a mental
12        health facility within the past 5 years or, if he or
13        she has been a patient in a mental health facility more
14        than 5 years ago submit the certification required
15        under subsection (u) of Section 8 of this Act;
16            (v) He or she is not a person with an intellectual
17        disability;
18            (vi) He or she is not a noncitizen who is
19        unlawfully present in the United States under the laws
20        of the United States;
21            (vii) He or she is not subject to an existing order
22        of protection prohibiting him or her from possessing a
23        firearm;
24            (viii) He or she has not been convicted within the
25        past 5 years of battery, assault, aggravated assault,
26        violation of an order of protection, or a

 

 

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1        substantially similar offense in another jurisdiction,
2        in which a firearm was used or possessed;
3            (ix) He or she has not been convicted of domestic
4        battery, aggravated domestic battery, or a
5        substantially similar offense in another jurisdiction
6        committed before, on or after January 1, 2012 (the
7        effective date of Public Act 97-158). If the applicant
8        knowingly and intelligently waives the right to have
9        an offense described in this clause (ix) tried by a
10        jury, and by guilty plea or otherwise, results in a
11        conviction for an offense in which a domestic
12        relationship is not a required element of the offense
13        but in which a determination of the applicability of
14        18 U.S.C. 922(g)(9) is made under Section 112A-11.1 of
15        the Code of Criminal Procedure of 1963, an entry by the
16        court of a judgment of conviction for that offense
17        shall be grounds for denying the issuance of a Firearm
18        Owner's Identification Card under this Section;
19            (x) (Blank);
20            (xi) He or she is not a noncitizen who has been
21        admitted to the United States under a non-immigrant
22        visa (as that term is defined in Section 101(a)(26) of
23        the Immigration and Nationality Act (8 U.S.C.
24        1101(a)(26))), or that he or she is a noncitizen who
25        has been lawfully admitted to the United States under
26        a non-immigrant visa if that noncitizen is:

 

 

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1                (1) admitted to the United States for lawful
2            hunting or sporting purposes;
3                (2) an official representative of a foreign
4            government who is:
5                    (A) accredited to the United States
6                Government or the Government's mission to an
7                international organization having its
8                headquarters in the United States; or
9                    (B) en route to or from another country to
10                which that noncitizen is accredited;
11                (3) an official of a foreign government or
12            distinguished foreign visitor who has been so
13            designated by the Department of State;
14                (4) a foreign law enforcement officer of a
15            friendly foreign government entering the United
16            States on official business; or
17                (5) one who has received a waiver from the
18            Attorney General of the United States pursuant to
19            18 U.S.C. 922(y)(3);
20            (xii) He or she is not a minor subject to a
21        petition filed under Section 5-520 of the Juvenile
22        Court Act of 1987 alleging that the minor is a
23        delinquent minor for the commission of an offense that
24        if committed by an adult would be a felony;
25            (xiii) He or she is not an adult who had been
26        adjudicated a delinquent minor under the Juvenile

 

 

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1        Court Act of 1987 for the commission of an offense that
2        if committed by an adult would be a felony;
3            (xiv) He or she is a resident of the State of
4        Illinois;
5            (xv) He or she has not been adjudicated as a person
6        with a mental disability;
7            (xvi) He or she has not been involuntarily
8        admitted into a mental health facility; and
9            (xvii) He or she is not a person with a
10        developmental disability; and
11        (3) Upon request by the Illinois State Police, sign a
12    release on a form prescribed by the Illinois State Police
13    waiving any right to confidentiality and requesting the
14    disclosure to the Illinois State Police of limited mental
15    health institution admission information from another
16    state, the District of Columbia, any other territory of
17    the United States, or a foreign nation concerning the
18    applicant for the sole purpose of determining whether the
19    applicant is or was a patient in a mental health
20    institution and disqualified because of that status from
21    receiving a Firearm Owner's Identification Card. No mental
22    health care or treatment records may be requested. The
23    information received shall be destroyed within one year of
24    receipt.
25    (a-5) Each applicant for a Firearm Owner's Identification
26Card who is over the age of 18 shall furnish to the Illinois

 

 

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1State Police either his or her Illinois driver's license
2number or Illinois Identification Card number, except as
3provided in subsection (a-10).
4    (a-10) Each applicant for a Firearm Owner's Identification
5Card, who is employed as a law enforcement officer, an armed
6security officer in Illinois, or by the United States Military
7permanently assigned in Illinois and who is not an Illinois
8resident, shall furnish to the Illinois State Police his or
9her driver's license number or state identification card
10number from his or her state of residence. The Illinois State
11Police may adopt rules to enforce the provisions of this
12subsection (a-10).
13    (a-15) If an applicant applying for a Firearm Owner's
14Identification Card moves from the residence address named in
15the application, he or she shall immediately notify in a form
16and manner prescribed by the Illinois State Police of that
17change of address.
18    (a-20) Each applicant for a Firearm Owner's Identification
19Card shall furnish to the Illinois State Police his or her
20photograph. An applicant who is 21 years of age or older
21seeking a religious exemption to the photograph requirement
22must furnish with the application an approved copy of United
23States Department of the Treasury Internal Revenue Service
24Form 4029. In lieu of a photograph, an applicant regardless of
25age seeking a religious exemption to the photograph
26requirement shall submit fingerprints on a form and manner

 

 

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1prescribed by the Illinois State Police with his or her
2application.
3    (a-25) Beginning January 1, 2023, each applicant for the
4issuance of a Firearm Owner's Identification Card may include
5a full set of his or her fingerprints in electronic format to
6the Illinois State Police, unless the applicant has previously
7provided a full set of his or her fingerprints to the Illinois
8State Police under this Act or the Firearm Concealed Carry
9Act.
10    The fingerprints must be transmitted through a live scan
11fingerprint vendor licensed by the Department of Financial and
12Professional Regulation. The fingerprints shall be checked
13against the fingerprint records now and hereafter filed in the
14Illinois State Police and Federal Bureau of Investigation
15criminal history records databases, including all available
16State and local criminal history record information files.
17    The Illinois State Police shall charge applicants a
18one-time fee for conducting the criminal history record check,
19which shall be deposited into the State Police Services Fund
20and shall not exceed the actual cost of the State and national
21criminal history record check.
22    (a-26) The Illinois State Police shall research, explore,
23and report to the General Assembly by January 1, 2022 on the
24feasibility of permitting voluntarily submitted fingerprints
25obtained for purposes other than Firearm Owner's
26Identification Card enforcement that are contained in the

 

 

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1Illinois State Police database for purposes of this Act.
2    (b) Each application form shall include the following
3statement printed in bold type: "Warning: Entering false
4information on an application for a Firearm Owner's
5Identification Card is punishable as a Class 2 felony in
6accordance with subsection (d-5) of Section 14 of the Firearm
7Owners Identification Card Act.".
8    (c) Upon such written consent, pursuant to Section 4,
9paragraph (a)(2)(i), the parent or legal guardian giving the
10consent shall be liable for any damages resulting from the
11applicant's use of firearms or firearm ammunition.
12(Source: P.A. 101-80, eff. 7-12-19; 102-237, eff. 1-1-22;
13102-538, eff. 8-20-21; 102-813, eff. 5-13-22; 102-1030, eff.
145-27-22.)
 
15    (430 ILCS 65/4.1 new)
16    Sec. 4.1. Assault weapon, .50 caliber rifle, assault
17weapon attachment, or .50 caliber cartridge endorsement.
18    (a) The endorsement affidavit form completed pursuant to
19Section 24-1.9 of the Criminal Code of 2012 must be executed
20electronically through the individual's Firearm Owner's
21Identification Card account.
22    (b) The Illinois State Police shall adopt rules in
23accordance with this Section for the electronic submission of
24an endorsement affidavit.
25    (c) Entering false information on the endorsement

 

 

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1affidavit form is a violation of this Act and is also
2punishable as perjury under Section 32-2 of the Criminal Code
3of 2012.
 
4    (430 ILCS 65/8)  (from Ch. 38, par. 83-8)
5    Sec. 8. Grounds for denial and revocation. The Illinois
6State Police has authority to deny an application for or to
7revoke and seize a Firearm Owner's Identification Card
8previously issued under this Act only if the Illinois State
9Police finds that the applicant or the person to whom such card
10was issued is or was at the time of issuance:
11        (a) A person under 21 years of age who has been
12    convicted of a misdemeanor other than a traffic offense or
13    adjudged delinquent;
14        (b) This subsection (b) applies through the 180th day
15    following July 12, 2019 (the effective date of Public Act
16    101-80). A person under 21 years of age who does not have
17    the written consent of his parent or guardian to acquire
18    and possess firearms and firearm ammunition, or whose
19    parent or guardian has revoked such written consent, or
20    where such parent or guardian does not qualify to have a
21    Firearm Owner's Identification Card;
22        (b-5) This subsection (b-5) applies on and after the
23    181st day following July 12, 2019 (the effective date of
24    Public Act 101-80). A person under 21 years of age who is
25    not an active duty member of the United States Armed

 

 

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1    Forces or the Illinois National Guard and does not have
2    the written consent of his or her parent or guardian to
3    acquire and possess firearms and firearm ammunition, or
4    whose parent or guardian has revoked such written consent,
5    or where such parent or guardian does not qualify to have a
6    Firearm Owner's Identification Card;
7        (c) A person convicted of a felony under the laws of
8    this or any other jurisdiction;
9        (d) A person addicted to narcotics;
10        (e) A person who has been a patient of a mental health
11    facility within the past 5 years or a person who has been a
12    patient in a mental health facility more than 5 years ago
13    who has not received the certification required under
14    subsection (u) of this Section. An active law enforcement
15    officer employed by a unit of government or a Department
16    of Corrections employee authorized to possess firearms who
17    is denied, revoked, or has his or her Firearm Owner's
18    Identification Card seized under this subsection (e) may
19    obtain relief as described in subsection (c-5) of Section
20    10 of this Act if the officer or employee did not act in a
21    manner threatening to the officer or employee, another
22    person, or the public as determined by the treating
23    clinical psychologist or physician, and the officer or
24    employee seeks mental health treatment;
25        (f) A person whose mental condition is of such a
26    nature that it poses a clear and present danger to the

 

 

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1    applicant, any other person or persons, or the community;
2        (g) A person who has an intellectual disability;
3        (h) A person who intentionally makes a false statement
4    in the Firearm Owner's Identification Card application or
5    endorsement affidavit;
6        (i) A noncitizen who is unlawfully present in the
7    United States under the laws of the United States;
8        (i-5) A noncitizen who has been admitted to the United
9    States under a non-immigrant visa (as that term is defined
10    in Section 101(a)(26) of the Immigration and Nationality
11    Act (8 U.S.C. 1101(a)(26))), except that this subsection
12    (i-5) does not apply to any noncitizen who has been
13    lawfully admitted to the United States under a
14    non-immigrant visa if that noncitizen is:
15            (1) admitted to the United States for lawful
16        hunting or sporting purposes;
17            (2) an official representative of a foreign
18        government who is:
19                (A) accredited to the United States Government
20            or the Government's mission to an international
21            organization having its headquarters in the United
22            States; or
23                (B) en route to or from another country to
24            which that noncitizen is accredited;
25            (3) an official of a foreign government or
26        distinguished foreign visitor who has been so

 

 

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1        designated by the Department of State;
2            (4) a foreign law enforcement officer of a
3        friendly foreign government entering the United States
4        on official business; or
5            (5) one who has received a waiver from the
6        Attorney General of the United States pursuant to 18
7        U.S.C. 922(y)(3);
8        (j) (Blank);
9        (k) A person who has been convicted within the past 5
10    years of battery, assault, aggravated assault, violation
11    of an order of protection, or a substantially similar
12    offense in another jurisdiction, in which a firearm was
13    used or possessed;
14        (l) A person who has been convicted of domestic
15    battery, aggravated domestic battery, or a substantially
16    similar offense in another jurisdiction committed before,
17    on or after January 1, 2012 (the effective date of Public
18    Act 97-158). If the applicant or person who has been
19    previously issued a Firearm Owner's Identification Card
20    under this Act knowingly and intelligently waives the
21    right to have an offense described in this paragraph (l)
22    tried by a jury, and by guilty plea or otherwise, results
23    in a conviction for an offense in which a domestic
24    relationship is not a required element of the offense but
25    in which a determination of the applicability of 18 U.S.C.
26    922(g)(9) is made under Section 112A-11.1 of the Code of

 

 

HB5471 Enrolled- 59 -LRB102 24372 BMS 33606 b

1    Criminal Procedure of 1963, an entry by the court of a
2    judgment of conviction for that offense shall be grounds
3    for denying an application for and for revoking and
4    seizing a Firearm Owner's Identification Card previously
5    issued to the person under this Act;
6        (m) (Blank);
7        (n) A person who is prohibited from acquiring or
8    possessing firearms or firearm ammunition by any Illinois
9    State statute or by federal law;
10        (o) A minor subject to a petition filed under Section
11    5-520 of the Juvenile Court Act of 1987 alleging that the
12    minor is a delinquent minor for the commission of an
13    offense that if committed by an adult would be a felony;
14        (p) An adult who had been adjudicated a delinquent
15    minor under the Juvenile Court Act of 1987 for the
16    commission of an offense that if committed by an adult
17    would be a felony;
18        (q) A person who is not a resident of the State of
19    Illinois, except as provided in subsection (a-10) of
20    Section 4;
21        (r) A person who has been adjudicated as a person with
22    a mental disability;
23        (s) A person who has been found to have a
24    developmental disability;
25        (t) A person involuntarily admitted into a mental
26    health facility; or

 

 

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

 

 

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1(Source: P.A. 101-80, eff. 7-12-19; 102-538, eff. 8-20-21;
2102-645, eff. 1-1-22; 102-813, eff. 5-13-22; 102-1030, eff.
35-27-22.)
 
4    Section 15. The Firearms Restraining Order Act is amended
5by changing Sections 40, 45, and 55 as follows:
 
6    (430 ILCS 67/40)
7    Sec. 40. Plenary Six-month orders.
8    (a) A petitioner may request a 6-month firearms
9restraining order for up to one year by filing an affidavit or
10verified pleading alleging that the respondent poses a
11significant danger of causing personal injury to himself,
12herself, or another in the near future by having in his or her
13custody or control, purchasing, possessing, or receiving a
14firearm, ammunition, and firearm parts that could be assembled
15to make an operable firearm. The petition shall also describe
16the number, types, and locations of any firearms, ammunition,
17and firearm parts that could be assembled to make an operable
18firearm presently believed by the petitioner to be possessed
19or controlled by the respondent. The firearms restraining
20order may be renewed for an additional period of up to one year
21in accordance with Section 45 of this Act.
22    (b) If the respondent is alleged to pose a significant
23danger of causing personal injury to an intimate partner, or
24an intimate partner is alleged to have been the target of a

 

 

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1threat or act of violence by the respondent, the petitioner
2shall make a good faith effort to provide notice to any and all
3intimate partners of the respondent. The notice must include
4the duration of time that the petitioner intends to petition
5the court for a 6-month firearms restraining order, and, if
6the petitioner is a law enforcement officer, referral to
7relevant domestic violence or stalking advocacy or counseling
8resources, if appropriate. The petitioner shall attest to
9having provided the notice in the filed affidavit or verified
10pleading. If, after making a good faith effort, the petitioner
11is unable to provide notice to any or all intimate partners,
12the affidavit or verified pleading should describe what
13efforts were made.
14    (c) Every person who files a petition for a plenary
156-month firearms restraining order, knowing the information
16provided to the court at any hearing or in the affidavit or
17verified pleading to be false, is guilty of perjury under
18Section 32-2 of the Criminal Code of 2012.
19    (d) Upon receipt of a petition for a plenary 6-month
20firearms restraining order, the court shall order a hearing
21within 30 days.
22    (e) In determining whether to issue a firearms restraining
23order under this Section, the court shall consider evidence
24including, but not limited to, the following:
25        (1) The unlawful and reckless use, display, or
26    brandishing of a firearm, ammunition, and firearm parts

 

 

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1    that could be assembled to make an operable firearm by the
2    respondent.
3        (2) The history of use, attempted use, or threatened
4    use of physical force by the respondent against another
5    person.
6        (3) Any prior arrest of the respondent for a felony
7    offense.
8        (4) Evidence of the abuse of controlled substances or
9    alcohol by the respondent.
10        (5) A recent threat of violence or act of violence by
11    the respondent directed toward himself, herself, or
12    another.
13        (6) A violation of an emergency order of protection
14    issued under Section 217 of the Illinois Domestic Violence
15    Act of 1986 or Section 112A-17 of the Code of Criminal
16    Procedure of 1963 or of an order of protection issued
17    under Section 214 of the Illinois Domestic Violence Act of
18    1986 or Section 112A-14 of the Code of Criminal Procedure
19    of 1963.
20        (7) A pattern of violent acts or violent threats,
21    including, but not limited to, threats of violence or acts
22    of violence by the respondent directed toward himself,
23    herself, or another.
24    (f) At the hearing, the petitioner shall have the burden
25of proving, by clear and convincing evidence, that the
26respondent poses a significant danger of personal injury to

 

 

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1himself, herself, or another by having in his or her custody or
2control, purchasing, possessing, or receiving a firearm,
3ammunition, and firearm parts that could be assembled to make
4an operable firearm.
5    (g) If the court finds that there is clear and convincing
6evidence to issue a plenary firearms restraining order, the
7court shall issue a firearms restraining order that shall be
8in effect for up to one year, but not less than 6 months, 6
9months subject to renewal under Section 45 of this Act or
10termination under that Section.
11    (g-5) If the court issues a plenary 6-month firearms
12restraining order, it shall, upon a finding of probable cause
13that the respondent possesses firearms, ammunition, and
14firearm parts that could be assembled to make an operable
15firearm, issue a search warrant directing a law enforcement
16agency to seize the respondent's firearms, ammunition, and
17firearm parts that could be assembled to make an operable
18firearm. The court may, as part of that warrant, direct the law
19enforcement agency to search the respondent's residence and
20other places where the court finds there is probable cause to
21believe he or she is likely to possess the firearms,
22ammunition, and firearm parts that could be assembled to make
23an operable firearm. A return of the search warrant shall be
24filed by the law enforcement agency within 4 days thereafter,
25setting forth the time, date, and location that the search
26warrant was executed and what items, if any, were seized.

 

 

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1    (h) A plenary 6-month firearms restraining order shall
2require:
3        (1) the respondent to refrain from having in his or
4    her custody or control, purchasing, possessing, or
5    receiving additional firearms, ammunition, and firearm
6    parts that could be assembled to make an operable firearm
7    for the duration of the order under Section 8.2 of the
8    Firearm Owners Identification Card Act; and
9        (2) the respondent to comply with Section 9.5 of the
10    Firearm Owners Identification Card Act and subsection (g)
11    of Section 70 of the Firearm Concealed Carry Act.
12    (i) Except as otherwise provided in subsection (i-5) of
13this Section, upon expiration of the period of safekeeping, if
14the firearms, ammunition, and firearm parts that could be
15assembled to make an operable firearm or Firearm Owner's
16Identification Card cannot be returned to the respondent
17because the respondent cannot be located, fails to respond to
18requests to retrieve the firearms, ammunition, and firearm
19parts that could be assembled to make an operable firearm, or
20is not lawfully eligible to possess a firearm, ammunition, and
21firearm parts that could be assembled to make an operable
22firearm, upon petition from the local law enforcement agency,
23the court may order the local law enforcement agency to
24destroy the firearms, ammunition, and firearm parts that could
25be assembled to make an operable firearm, use the firearms,
26ammunition, and firearm parts that could be assembled to make

 

 

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1an operable firearm for training purposes, or use the
2firearms, ammunition, and firearm parts that could be
3assembled to make an operable firearm for any other
4application as deemed appropriate by the local law enforcement
5agency.
6    (i-5) A respondent whose Firearm Owner's Identification
7Card has been revoked or suspended may petition the court, if
8the petitioner is present in court or has notice of the
9respondent's petition, to transfer the respondent's firearm,
10ammunition, and firearm parts that could be assembled to make
11an operable firearm to a person who is lawfully able to possess
12the firearm, ammunition, and firearm parts that could be
13assembled to make an operable firearm if the person does not
14reside at the same address as the respondent. Notice of the
15petition shall be served upon the person protected by the
16emergency firearms restraining order. While the order is in
17effect, the transferee who receives the respondent's firearms,
18ammunition, and firearm parts that could be assembled to make
19an operable firearm must swear or affirm by affidavit that he
20or she shall not transfer the firearm, ammunition, and firearm
21parts that could be assembled to make an operable firearm to
22the respondent or to anyone residing in the same residence as
23the respondent.
24    (i-6) If a person other than the respondent claims title
25to any firearms, ammunition, and firearm parts that could be
26assembled to make an operable firearm surrendered under this

 

 

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1Section, he or she may petition the court, if the petitioner is
2present in court or has notice of the petition, to have the
3firearm, ammunition, and firearm parts that could be assembled
4to make an operable firearm returned to him or her. If the
5court determines that person to be the lawful owner of the
6firearm, ammunition, and firearm parts that could be assembled
7to make an operable firearm, the firearm, ammunition, and
8firearm parts that could be assembled to make an operable
9firearm shall be returned to him or her, provided that:
10        (1) the firearm, ammunition, and firearm parts that
11    could be assembled to make an operable firearm are removed
12    from the respondent's custody, control, or possession and
13    the lawful owner agrees to store the firearm, ammunition,
14    and firearm parts that could be assembled to make an
15    operable firearm in a manner such that the respondent does
16    not have access to or control of the firearm, ammunition,
17    and firearm parts that could be assembled to make an
18    operable firearm; and
19        (2) the firearm, ammunition, and firearm parts that
20    could be assembled to make an operable firearm are not
21    otherwise unlawfully possessed by the owner.
22    The person petitioning for the return of his or her
23firearm, ammunition, and firearm parts that could be assembled
24to make an operable firearm must swear or affirm by affidavit
25that he or she: (i) is the lawful owner of the firearm,
26ammunition, and firearm parts that could be assembled to make

 

 

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1an operable firearm; (ii) shall not transfer the firearm,
2ammunition, and firearm parts that could be assembled to make
3an operable firearm to the respondent; and (iii) will store
4the firearm, ammunition, and firearm parts that could be
5assembled to make an operable firearm in a manner that the
6respondent does not have access to or control of the firearm,
7ammunition, and firearm parts that could be assembled to make
8an operable firearm.
9    (j) If the court does not issue a firearms restraining
10order at the hearing, the court shall dissolve any emergency
11firearms restraining order then in effect.
12    (k) When the court issues a firearms restraining order
13under this Section, the court shall inform the respondent that
14he or she is entitled to one hearing during the period of the
15order to request a termination of the order, under Section 45
16of this Act, and shall provide the respondent with a form to
17request a hearing.
18(Source: P.A. 101-81, eff. 7-12-19; 102-237, eff. 1-1-22;
19102-345, eff. 6-1-22; 102-538, eff. 8-20-21; 102-813, eff.
205-13-22.)
 
21    (430 ILCS 67/45)
22    Sec. 45. Termination and renewal.
23    (a) A person subject to a firearms restraining order
24issued under this Act may submit one written request at any
25time during the effective period of the order for a hearing to

 

 

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1terminate the order.
2        (1) The respondent shall have the burden of proving by
3    a preponderance of the evidence that the respondent does
4    not pose a danger of causing personal injury to himself,
5    herself, or another in the near future by having in his or
6    her custody or control, purchasing, possessing, or
7    receiving a firearm, ammunition, and firearm parts that
8    could be assembled to make an operable firearm.
9        (2) If the court finds after the hearing that the
10    respondent has met his or her burden, the court shall
11    terminate the order.
12    (b) A petitioner may request a renewal of a firearms
13restraining order at any time within the 3 months before the
14expiration of a firearms restraining order.
15        (1) A court shall, after notice and a hearing, renew a
16    firearms restraining order issued under this part if the
17    petitioner proves, by clear and convincing evidence, that
18    the respondent continues to pose a danger of causing
19    personal injury to himself, herself, or another in the
20    near future by having in his or her custody or control,
21    purchasing, possessing, or receiving a firearm,
22    ammunition, and firearm parts that could be assembled to
23    make an operable firearm.
24        (2) In determining whether to renew a firearms
25    restraining order issued under this Act, the court shall
26    consider evidence of the facts identified in subsection

 

 

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1    (e) of Section 40 of this Act and any other evidence of an
2    increased risk for violence.
3        (3) At the hearing, the petitioner shall have the
4    burden of proving by clear and convincing evidence that
5    the respondent continues to pose a danger of causing
6    personal injury to himself, herself, or another in the
7    near future by having in his or her custody or control,
8    purchasing, possessing, or receiving a firearm,
9    ammunition, and firearm parts that could be assembled to
10    make an operable firearm.
11        (4) The renewal of a firearms restraining order issued
12    under this Section shall be in effect for up to one year
13    and may be renewed for an additional period of up to one
14    year 6 months, subject to termination by further order of
15    the court at a hearing held under this Section and further
16    renewal by further order of the court under this Section.
17(Source: P.A. 101-81, eff. 7-12-19; 102-345, eff. 6-1-22.)
 
18    (430 ILCS 67/55)
19    Sec. 55. Data maintenance by law enforcement agencies.
20    (a) All sheriffs shall furnish to the Illinois State
21Police, daily, in the form and detail the Illinois State
22Police Department requires, copies of any recorded firearms
23restraining orders issued by the court, and any foreign orders
24of protection filed by the clerk of the court, and transmitted
25to the sheriff by the clerk of the court under Section 50. Each

 

 

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1firearms restraining order shall be entered in the Law
2Enforcement Agencies Data System (LEADS) on the same day it is
3issued by the court. If an emergency firearms restraining
4order was issued in accordance with Section 35 of this Act, the
5order shall be entered in the Law Enforcement Agencies Data
6System (LEADS) as soon as possible after receipt from the
7clerk.
8    (b) The Illinois State Police shall maintain a complete
9and systematic record and index of all valid and recorded
10firearms restraining orders issued or filed under this Act.
11The data shall be used to inform all dispatchers and law
12enforcement officers at the scene of a violation of a firearms
13restraining order of the effective dates and terms of any
14recorded order of protection.
15    (c) The data, records, and transmittals required under
16this Section shall pertain to any valid emergency or plenary
176-month firearms restraining order, whether issued in a civil
18or criminal proceeding or authorized under the laws of another
19state, tribe, or United States territory.
20(Source: P.A. 101-81, eff. 7-12-19; 102-538, eff. 8-20-21.)
 
21    Section 25. The Criminal Code of 2012 is amended by
22changing Section 24-1 and by adding Sections 24-1.9 and
2324-1.10 as follows:
 
24    (720 ILCS 5/24-1)  (from Ch. 38, par. 24-1)

 

 

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1    Sec. 24-1. Unlawful use of weapons.
2    (a) A person commits the offense of unlawful use of
3weapons when he knowingly:
4        (1) Sells, manufactures, purchases, possesses or
5    carries any bludgeon, black-jack, slung-shot, sand-club,
6    sand-bag, metal knuckles or other knuckle weapon
7    regardless of its composition, throwing star, or any
8    knife, commonly referred to as a switchblade knife, which
9    has a blade that opens automatically by hand pressure
10    applied to a button, spring or other device in the handle
11    of the knife, or a ballistic knife, which is a device that
12    propels a knifelike blade as a projectile by means of a
13    coil spring, elastic material or compressed gas; or
14        (2) Carries or possesses with intent to use the same
15    unlawfully against another, a dagger, dirk, billy,
16    dangerous knife, razor, stiletto, broken bottle or other
17    piece of glass, stun gun or taser or any other dangerous or
18    deadly weapon or instrument of like character; or
19        (2.5) Carries or possesses with intent to use the same
20    unlawfully against another, any firearm in a church,
21    synagogue, mosque, or other building, structure, or place
22    used for religious worship; or
23        (3) Carries on or about his person or in any vehicle, a
24    tear gas gun projector or bomb or any object containing
25    noxious liquid gas or substance, other than an object
26    containing a non-lethal noxious liquid gas or substance

 

 

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1    designed solely for personal defense carried by a person
2    18 years of age or older; or
3        (4) Carries or possesses in any vehicle or concealed
4    on or about his person except when on his land or in his
5    own abode, legal dwelling, or fixed place of business, or
6    on the land or in the legal dwelling of another person as
7    an invitee with that person's permission, any pistol,
8    revolver, stun gun or taser or other firearm, except that
9    this subsection (a) (4) does not apply to or affect
10    transportation of weapons that meet one of the following
11    conditions:
12            (i) are broken down in a non-functioning state; or
13            (ii) are not immediately accessible; or
14            (iii) are unloaded and enclosed in a case, firearm
15        carrying box, shipping box, or other container by a
16        person who has been issued a currently valid Firearm
17        Owner's Identification Card; or
18            (iv) are carried or possessed in accordance with
19        the Firearm Concealed Carry Act by a person who has
20        been issued a currently valid license under the
21        Firearm Concealed Carry Act; or
22        (5) Sets a spring gun; or
23        (6) Possesses any device or attachment of any kind
24    designed, used or intended for use in silencing the report
25    of any firearm; or
26        (7) Sells, manufactures, purchases, possesses or

 

 

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1    carries:
2            (i) a machine gun, which shall be defined for the
3        purposes of this subsection as any weapon, which
4        shoots, is designed to shoot, or can be readily
5        restored to shoot, automatically more than one shot
6        without manually reloading by a single function of the
7        trigger, including the frame or receiver of any such
8        weapon, or sells, manufactures, purchases, possesses,
9        or carries any combination of parts designed or
10        intended for use in converting any weapon into a
11        machine gun, or any combination or parts from which a
12        machine gun can be assembled if such parts are in the
13        possession or under the control of a person;
14            (ii) any rifle having one or more barrels less
15        than 16 inches in length or a shotgun having one or
16        more barrels less than 18 inches in length or any
17        weapon made from a rifle or shotgun, whether by
18        alteration, modification, or otherwise, if such a
19        weapon as modified has an overall length of less than
20        26 inches; or
21            (iii) any bomb, bomb-shell, grenade, bottle or
22        other container containing an explosive substance of
23        over one-quarter ounce for like purposes, such as, but
24        not limited to, black powder bombs and Molotov
25        cocktails or artillery projectiles; or
26        (8) Carries or possesses any firearm, stun gun or

 

 

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1    taser or other deadly weapon in any place which is
2    licensed to sell intoxicating beverages, or at any public
3    gathering held pursuant to a license issued by any
4    governmental body or any public gathering at which an
5    admission is charged, excluding a place where a showing,
6    demonstration or lecture involving the exhibition of
7    unloaded firearms is conducted.
8        This subsection (a)(8) does not apply to any auction
9    or raffle of a firearm held pursuant to a license or permit
10    issued by a governmental body, nor does it apply to
11    persons engaged in firearm safety training courses; or
12        (9) Carries or possesses in a vehicle or on or about
13    his or her person any pistol, revolver, stun gun or taser
14    or firearm or ballistic knife, when he or she is hooded,
15    robed or masked in such manner as to conceal his or her
16    identity; or
17        (10) Carries or possesses on or about his or her
18    person, upon any public street, alley, or other public
19    lands within the corporate limits of a city, village, or
20    incorporated town, except when an invitee thereon or
21    therein, for the purpose of the display of such weapon or
22    the lawful commerce in weapons, or except when on his land
23    or in his or her own abode, legal dwelling, or fixed place
24    of business, or on the land or in the legal dwelling of
25    another person as an invitee with that person's
26    permission, any pistol, revolver, stun gun, or taser or

 

 

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1    other firearm, except that this subsection (a) (10) does
2    not apply to or affect transportation of weapons that meet
3    one of the following conditions:
4            (i) are broken down in a non-functioning state; or
5            (ii) are not immediately accessible; or
6            (iii) are unloaded and enclosed in a case, firearm
7        carrying box, shipping box, or other container by a
8        person who has been issued a currently valid Firearm
9        Owner's Identification Card; or
10            (iv) are carried or possessed in accordance with
11        the Firearm Concealed Carry Act by a person who has
12        been issued a currently valid license under the
13        Firearm Concealed Carry Act.
14        A "stun gun or taser", as used in this paragraph (a)
15    means (i) any device which is powered by electrical
16    charging units, such as, batteries, and which fires one or
17    several barbs attached to a length of wire and which, upon
18    hitting a human, can send out a current capable of
19    disrupting the person's nervous system in such a manner as
20    to render him incapable of normal functioning or (ii) any
21    device which is powered by electrical charging units, such
22    as batteries, and which, upon contact with a human or
23    clothing worn by a human, can send out current capable of
24    disrupting the person's nervous system in such a manner as
25    to render him incapable of normal functioning; or
26        (11) Sells, manufactures, delivers, imports,

 

 

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1    possesses, or purchases any assault weapon attachment or
2    .50 caliber cartridge in violation of Section 24-1.9 or
3    any explosive bullet. For purposes of this paragraph (a)
4    "explosive bullet" means the projectile portion of an
5    ammunition cartridge which contains or carries an
6    explosive charge which will explode upon contact with the
7    flesh of a human or an animal. "Cartridge" means a tubular
8    metal case having a projectile affixed at the front
9    thereof and a cap or primer at the rear end thereof, with
10    the propellant contained in such tube between the
11    projectile and the cap; or
12        (12) (Blank); or
13        (13) Carries or possesses on or about his or her
14    person while in a building occupied by a unit of
15    government, a billy club, other weapon of like character,
16    or other instrument of like character intended for use as
17    a weapon. For the purposes of this Section, "billy club"
18    means a short stick or club commonly carried by police
19    officers which is either telescopic or constructed of a
20    solid piece of wood or other man-made material; or
21        (14) Manufactures, possesses, sells, or offers to
22    sell, purchase, manufacture, import, transfer, or use any
23    device, part, kit, tool, accessory, or combination of
24    parts that is designed to and functions to increase the
25    rate of fire of a semiautomatic firearm above the standard
26    rate of fire for semiautomatic firearms that is not

 

 

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1    equipped with that device, part, or combination of parts;
2    or
3        (15) Carries or possesses any assault weapon or .50
4    caliber rifle in violation of Section 24-1.9; or
5        (16) Manufactures, sells, delivers, imports, or
6    purchases any assault weapon or .50 caliber rifle in
7    violation of Section 24-1.9.
8    (b) Sentence. A person convicted of a violation of
9subsection 24-1(a)(1) through (5), subsection 24-1(a)(10),
10subsection 24-1(a)(11), or subsection 24-1(a)(13), or
1124-1(a)(15) commits a Class A misdemeanor. A person convicted
12of a violation of subsection 24-1(a)(8) or 24-1(a)(9) commits
13a Class 4 felony; a person convicted of a violation of
14subsection 24-1(a)(6), or 24-1(a)(7)(ii), 24-1(a)(7)(iii), or
1524-1(a)(16) or (iii) commits a Class 3 felony. A person
16convicted of a violation of subsection 24-1(a)(7)(i) commits a
17Class 2 felony and shall be sentenced to a term of imprisonment
18of not less than 3 years and not more than 7 years, unless the
19weapon is possessed in the passenger compartment of a motor
20vehicle as defined in Section 1-146 of the Illinois Vehicle
21Code, or on the person, while the weapon is loaded, in which
22case it shall be a Class X felony. A person convicted of a
23second or subsequent violation of subsection 24-1(a)(4),
2424-1(a)(8), 24-1(a)(9), or 24-1(a)(10), or 24-1(a)(15)
25commits a Class 3 felony. A person convicted of a violation of
26subsection 24-1(a)(2.5) or 24-1(a)(14) commits a Class 2

 

 

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

 

 

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

 

 

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1    time of day or the time of year, in residential property
2    owned, operated or managed by a public housing agency or
3    leased by a public housing agency as part of a scattered
4    site or mixed-income development, in a public park, in a
5    courthouse, on the real property comprising any school,
6    regardless of the time of day or the time of year, on
7    residential property owned, operated or managed by a
8    public housing agency or leased by a public housing agency
9    as part of a scattered site or mixed-income development,
10    on the real property comprising any public park, on the
11    real property comprising any courthouse, in any conveyance
12    owned, leased or contracted by a school to transport
13    students to or from school or a school related activity,
14    in any conveyance owned, leased, or contracted by a public
15    transportation agency, or on any public way within 1,000
16    feet of the real property comprising any school, public
17    park, courthouse, public transportation facility, or
18    residential property owned, operated, or managed by a
19    public housing agency or leased by a public housing agency
20    as part of a scattered site or mixed-income development
21    commits a Class 4 felony. "Courthouse" means any building
22    that is used by the Circuit, Appellate, or Supreme Court
23    of this State for the conduct of official business.
24        (3) Paragraphs (1), (1.5), and (2) of this subsection
25    (c) shall not apply to law enforcement officers or
26    security officers of such school, college, or university

 

 

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1    or to students carrying or possessing firearms for use in
2    training courses, parades, hunting, target shooting on
3    school ranges, or otherwise with the consent of school
4    authorities and which firearms are transported unloaded
5    enclosed in a suitable case, box, or transportation
6    package.
7        (4) For the purposes of this subsection (c), "school"
8    means any public or private elementary or secondary
9    school, community college, college, or university.
10        (5) For the purposes of this subsection (c), "public
11    transportation agency" means a public or private agency
12    that provides for the transportation or conveyance of
13    persons by means available to the general public, except
14    for transportation by automobiles not used for conveyance
15    of the general public as passengers; and "public
16    transportation facility" means a terminal or other place
17    where one may obtain public transportation.
18    (d) The presence in an automobile other than a public
19omnibus of any weapon, instrument or substance referred to in
20subsection (a)(7) is prima facie evidence that it is in the
21possession of, and is being carried by, all persons occupying
22such automobile at the time such weapon, instrument or
23substance is found, except under the following circumstances:
24(i) if such weapon, instrument or instrumentality is found
25upon the person of one of the occupants therein; or (ii) if
26such weapon, instrument or substance is found in an automobile

 

 

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1operated for hire by a duly licensed driver in the due, lawful
2and proper pursuit of his or her trade, then such presumption
3shall not apply to the driver.
4    (e) Exemptions.
5        (1) Crossbows, Common or Compound bows and Underwater
6    Spearguns are exempted from the definition of ballistic
7    knife as defined in paragraph (1) of subsection (a) of
8    this Section.
9        (2) The provision of paragraph (1) of subsection (a)
10    of this Section prohibiting the sale, manufacture,
11    purchase, possession, or carrying of any knife, commonly
12    referred to as a switchblade knife, which has a blade that
13    opens automatically by hand pressure applied to a button,
14    spring or other device in the handle of the knife, does not
15    apply to a person who possesses a currently valid Firearm
16    Owner's Identification Card previously issued in his or
17    her name by the Illinois State Police or to a person or an
18    entity engaged in the business of selling or manufacturing
19    switchblade knives.
20(Source: P.A. 101-223, eff. 1-1-20; 102-538, eff. 8-20-21.)
 
21    (720 ILCS 5/24-1.9 new)
22    Sec. 24-1.9. Manufacture, possession, delivery, sale, and
23purchase of assault weapons, .50 caliber rifles, and .50
24caliber cartridges.
25    (a) Definitions. In this Section:

 

 

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1    (1) "Assault weapon" means any of the following, except as
2provided in subdivision (2) of this subsection:
3        (A) A semiautomatic rifle that has the capacity to
4    accept a detachable magazine or that may be readily
5    modified to accept a detachable magazine, if the firearm
6    has one or more of the following:
7            (i) a pistol grip or thumbhole stock;
8            (ii) any feature capable of functioning as a
9        protruding grip that can be held by the non-trigger
10        hand;
11            (iii) a folding, telescoping, thumbhole, or
12        detachable stock, or a stock that is otherwise
13        foldable or adjustable in a manner that operates to
14        reduce the length, size, or any other dimension, or
15        otherwise enhances the concealability of, the weapon;
16            (iv) a flash suppressor;
17            (v) a grenade launcher;
18            (vi) a shroud attached to the barrel or that
19        partially or completely encircles the barrel, allowing
20        the bearer to hold the firearm with the non-trigger
21        hand without being burned, but excluding a slide that
22        encloses the barrel.
23        (B) A semiautomatic rifle that has a fixed magazine
24    with the capacity to accept more than 10 rounds, except
25    for an attached tubular device designed to accept, and
26    capable of operating only with, .22 caliber rimfire

 

 

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1    ammunition.
2        (C) A semiautomatic pistol that has the capacity to
3    accept a detachable magazine or that may be readily
4    modified to accept a detachable magazine, if the firearm
5    has one or more of the following:
6            (i) a threaded barrel;
7            (ii) a second pistol grip or another feature
8        capable of functioning as a protruding grip that can
9        be held by the non-trigger hand;
10            (iii) a shroud attached to the barrel or that
11        partially or completely encircles the barrel, allowing
12        the bearer to hold the firearm with the non-trigger
13        hand without being burned, but excluding a slide that
14        encloses the barrel;
15            (iv) a flash suppressor;
16            (v) the capacity to accept a detachable magazine
17        at some location outside of the pistol grip; or
18            (vi) a buffer tube, arm brace, or other part that
19        protrudes horizontally behind the pistol grip and is
20        designed or redesigned to allow or facilitate a
21        firearm to be fired from the shoulder.
22        (D) A semiautomatic pistol that has a fixed magazine
23    with the capacity to accept more than 15 rounds.
24        (E) Any shotgun with a revolving cylinder.
25        (F) A semiautomatic shotgun that has one or more of
26    the following:

 

 

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1            (i) a pistol grip or thumbhole stock;
2            (ii) any feature capable of functioning as a
3        protruding grip that can be held by the non-trigger
4        hand;
5            (iii) a folding or thumbhole stock;
6            (iv) a grenade launcher;
7            (v) a fixed magazine with the capacity of more
8        than 5 rounds; or
9            (vi) the capacity to accept a detachable magazine.
10        (G) Any semiautomatic firearm that has the capacity to
11    accept a belt ammunition feeding device.
12        (H) Any firearm that has been modified to be operable
13    as an assault weapon as defined in this Section.
14        (I) Any part or combination of parts designed or
15    intended to convert a firearm into an assault weapon,
16    including any combination of parts from which an assault
17    weapon may be readily assembled if those parts are in the
18    possession or under the control of the same person.
19        (J) All of the following rifles, copies, duplicates,
20    variants, or altered facsimiles with the capability of any
21    such weapon:
22            (i) All AK types, including the following:
23                (I) AK, AK47, AK47S, AK74, AKM, AKS, ARM,
24            MAK90, MISR, NHM90, NHM91, SA85, SA93, Vector Arms
25            AK47, VEPR, WASR10, and WUM.
26                (II) IZHMASH Saiga AK.

 

 

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1                (III) MAADI AK47 and ARM.
2                (IV) Norinco 56S, 56S2, 84S, and 86S.
3                (V) Poly Technologies AK47 and AKS.
4                (VI) SKS with a detachable magazine.
5            (ii) all AR types, including the following:
6                (I) AR10.
7                (II) AR15.
8                (III) Alexander Arms Overmatch Plus 16.
9                (IV) Armalite M15 22LR Carbine.
10                (V) Armalite M15T.
11                (VI) Barrett REC7.
12                (VII) Beretta AR70.
13                (VIII) Black Rain Ordnance Recon Scout.
14                (IX) Bushmaster ACR.
15                (X) Bushmaster Carbon 15.
16                (XI) Bushmaster MOE series.
17                (XII) Bushmaster XM15.
18                (XIII) Chiappa Firearms MFour rifles.
19                (XIV) Colt Match Target rifles.
20                (XV) CORE Rifle Systems CORE15 rifles.
21                (XVI) Daniel Defense M4A1 rifles.
22                (XVII) Devil Dog Arms 15 Series rifles.
23                (XVIII) Diamondback DB15 rifles.
24                (XIX) DoubleStar AR rifles.
25                (XX) DPMS Tactical rifles.
26                (XXI) DSA Inc. ZM4 Carbine.

 

 

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1                (XXII) Heckler & Koch MR556.
2                (XXIII) High Standard HSA15 rifles.
3                (XXIV) Jesse James Nomad AR15 rifle.
4                (XXV) Knight's Armament SR15.
5                (XXVI) Lancer L15 rifles.
6                (XXVII) MGI Hydra Series rifles.
7                (XXVIII) Mossberg MMR Tactical rifles.
8                (XXIX) Noreen Firearms BN 36 rifle.
9                (XXX) Olympic Arms.
10                (XXXI) POF USA P415.
11                (XXXII) Precision Firearms AR rifles.
12                (XXXIII) Remington R15 rifles.
13                (XXXIV) Rhino Arms AR rifles.
14                (XXXV) Rock River Arms LAR15 or Rock River
15            Arms LAR47.
16                (XXXVI) Sig Sauer SIG516 rifles and MCX
17            rifles.
18                (XXXVII) Smith & Wesson M&P15 rifles.
19                (XXXVIII) Stag Arms AR rifles.
20                (XXXIX) Sturm, Ruger & Co. SR556 and AR556
21            rifles.
22                (XL) Uselton Arms Air-Lite M4 rifles.
23                (XLI) Windham Weaponry AR rifles.
24                (XLII) WMD Guns Big Beast.
25                (XLIII) Yankee Hill Machine Company, Inc.
26            YHM15 rifles.

 

 

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1            (iii) Barrett M107A1.
2            (iv) Barrett M82A1.
3            (v) Beretta CX4 Storm.
4            (vi) Calico Liberty Series.
5            (vii) CETME Sporter.
6            (viii) Daewoo K1, K2, Max 1, Max 2, AR 100, and
7        AR 110C.
8            (ix) Fabrique Nationale/FN Herstal FAL, LAR, 22
9        FNC, 308 Match, L1A1 Sporter, PS90, SCAR, and FS2000.
10            (x) Feather Industries AT9.
11            (xi) Galil Model AR and Model ARM.
12            (xii) Hi-Point Carbine.
13            (xiii) HK91, HK93, HK94, HKPSG1, and HK USC.
14            (xiv) IWI TAVOR, Galil ACE rifle.
15            (xv) Kel-Tec Sub-2000, SU16, and RFB.
16            (xvi) SIG AMT, SIG PE57, Sig Sauer SG 550, Sig
17        Sauer SG 551, and SIG MCX.
18            (xvii) Springfield Armory SAR48.
19            (xviii) Steyr AUG.
20            (xix) Sturm, Ruger & Co. Mini-14 Tactical Rifle
21        M14/20CF.
22            (xx) All Thompson rifles, including the following:
23                (I) Thompson M1SB.
24                (II) Thompson T1100D.
25                (III) Thompson T150D.
26                (IV) Thompson T1B.

 

 

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1                (V) Thompson T1B100D.
2                (VI) Thompson T1B50D.
3                (VII) Thompson T1BSB.
4                (VIII) Thompson T1C.
5                (IX) Thompson T1D.
6                (X) Thompson T1SB.
7                (XI) Thompson T5.
8                (XII) Thompson T5100D.
9                (XIII) Thompson TM1.
10                (XIV) Thompson TM1C.
11            (xxi) UMAREX UZI rifle.
12            (xxii) UZI Mini Carbine, UZI Model A Carbine, and
13        UZI Model B Carbine.
14            (xxiii) Valmet M62S, M71S, and M78.
15            (xxiv) Vector Arms UZI Type.
16            (xxv) Weaver Arms Nighthawk.
17            (xxvi) Wilkinson Arms Linda Carbine.
18        (K) All of the following pistols, copies, duplicates,
19    variants, or altered facsimiles with the capability of any
20    such weapon thereof:
21            (i) All AK types, including the following:
22                (I) Centurion 39 AK pistol.
23                (II) CZ Scorpion pistol.
24                (III) Draco AK47 pistol.
25                (IV) HCR AK47 pistol.
26                (V) IO Inc. Hellpup AK47 pistol.

 

 

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1                (VI) Krinkov pistol.
2                (VII) Mini Draco AK47 pistol.
3                (VIII) PAP M92 pistol.
4                (IX) Yugo Krebs Krink pistol.
5            (ii) All AR types, including the following:
6                (I) American Spirit AR15 pistol.
7                (II) Bushmaster Carbon 15 pistol.
8                (III) Chiappa Firearms M4 Pistol GEN II.
9                (IV) CORE Rifle Systems CORE15 Roscoe pistol.
10                (V) Daniel Defense MK18 pistol.
11                (VI) DoubleStar Corporation AR pistol.
12                (VII) DPMS AR15 pistol.
13                (VIII) Jesse James Nomad AR15 pistol.
14                (IX) Olympic Arms AR15 pistol.
15                (X) Osprey Armament MK18 pistol.
16                (XI) POF USA AR pistols.
17                (XII) Rock River Arms LAR 15 pistol.
18                (XIII) Uselton Arms Air-Lite M4 pistol.
19            (iii) Calico pistols.
20            (iv) DSA SA58 PKP FAL pistol.
21            (v) Encom MP9 and MP45.
22            (vi) Heckler & Koch model SP89 pistol.
23            (vii) Intratec AB10, TEC22 Scorpion, TEC9, and
24        TECDC9.
25            (viii) IWI Galil Ace pistol, UZI PRO pistol.
26            (ix) Kel-Tec PLR 16 pistol.

 

 

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1            (x) All MAC types, including the following:
2                (I) MAC10.
3                (II) MAC11.
4                (III) Masterpiece Arms MPA A930 Mini Pistol,
5            MPA460 Pistol, MPA Tactical Pistol, and MPA Mini
6            Tactical Pistol.
7                (IV) Military Armament Corp. Ingram M11.
8                (V) Velocity Arms VMAC.
9            (xi) Sig Sauer P556 pistol.
10            (xii) Sites Spectre.
11            (xiii) All Thompson types, including the
12        following:
13                (I) Thompson TA510D.
14                (II) Thompson TA5.
15            (xiv) All UZI types, including Micro-UZI.
16        (L) All of the following shotguns, copies, duplicates,
17    variants, or altered facsimiles with the capability of any
18    such weapon thereof:
19            (i) DERYA Anakon MC1980, Anakon SD12.
20            (ii) Doruk Lethal shotguns.
21            (iii) Franchi LAW12 and SPAS 12.
22            (iv) All IZHMASH Saiga 12 types, including the
23        following:
24                (I) IZHMASH Saiga 12.
25                (II) IZHMASH Saiga 12S.
26                (III) IZHMASH Saiga 12S EXP01.

 

 

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1                (IV) IZHMASH Saiga 12K.
2                (V) IZHMASH Saiga 12K030.
3                (VI) IZHMASH Saiga 12K040 Taktika.
4            (v) Streetsweeper.
5            (vi) Striker 12.
6    (2) "Assault weapon" does not include:
7        (A) Any firearm that is an unserviceable firearm or
8    has been made permanently inoperable.
9        (B) An antique firearm or a replica of an antique
10    firearm.
11        (C) A firearm that is manually operated by bolt, pump,
12    lever or slide action, unless the firearm is a shotgun
13    with a revolving cylinder.
14        (D) Any air rifle as defined in Section 24.8-0.1 of
15    this Code.
16        (E) Any handgun, as defined under the Firearm
17    Concealed Carry Act, unless otherwise listed in this
18    Section.
19    (3) "Assault weapon attachment" means any device capable
20of being attached to a firearm that is specifically designed
21for making or converting a firearm into any of the firearms
22listed in paragraph (1) of this subsection (a).
23    (4) "Antique firearm" has the meaning ascribed to it in 18
24U.S.C. 921(a)(16).
25    (5) ".50 caliber rifle" means a centerfire rifle capable
26of firing a .50 caliber cartridge. The term does not include

 

 

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1any antique firearm, any shotgun including a shotgun that has
2a rifle barrel, or any muzzle-loader which uses black powder
3for hunting or historical reenactments.
4    (6) ".50 caliber cartridge" means a cartridge in .50 BMG
5caliber, either by designation or actual measurement, that is
6capable of being fired from a centerfire rifle. The term ".50
7caliber cartridge" does not include any memorabilia or display
8item that is filled with a permanent inert substance or that is
9otherwise permanently altered in a manner that prevents ready
10modification for use as live ammunition or shotgun ammunition
11with a caliber measurement that is equal to or greater than .50
12caliber.
13    (7) "Detachable magazine" means an ammunition feeding
14device that may be removed from a firearm without disassembly
15of the firearm action, including an ammunition feeding device
16that may be readily removed from a firearm with the use of a
17bullet, cartridge, accessory, or other tool, or any other
18object that functions as a tool, including a bullet or
19cartridge.
20    (8) "Fixed magazine" means an ammunition feeding device
21that is permanently attached to a firearm, or contained in and
22not removable from a firearm, or that is otherwise not a
23detachable magazine, but does not include an attached tubular
24device designed to accept, and capable of operating only with,
25.22 caliber rimfire ammunition.
26    (b) Except as provided in subsections (c), (d), and (e),

 

 

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1on or after the effective date of this amendatory Act of the
2102nd General Assembly, it is unlawful for any person within
3this State to knowingly manufacture, deliver, sell, import, or
4purchase or cause to be manufactured, delivered, sold,
5imported, or purchased by another, an assault weapon, assault
6weapon attachment, .50 caliber rifle, or .50 caliber
7cartridge.
8    (c) Except as otherwise provided in subsection (d),
9beginning January 1, 2024, it is unlawful for any person
10within this State to knowingly possess an assault weapon,
11assault weapon attachment, .50 caliber rifle, or .50 caliber
12cartridge.
13    (d) This Section does not apply to a person's possession
14of an assault weapon, assault weapon attachment, .50 caliber
15rifle, or .50 caliber cartridge device if the person lawfully
16possessed that assault weapon, assault weapon attachment, .50
17caliber rifle, or .50 caliber cartridge prohibited by
18subsection (c) of this Section, if the person has provided in
19an endorsement affidavit, prior to January 1, 2024, under oath
20or affirmation and in the form and manner prescribed by the
21Illinois State Police, no later than October 1, 2023:
22        (1) the affiant's Firearm Owner's Identification Card
23    number;
24        (2) an affirmation that the affiant: (i) possessed an
25    assault weapon, assault weapon attachment, .50 caliber
26    rifle, or .50 caliber cartridge before the effective date

 

 

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1    of this amendatory Act of the 102nd General Assembly; or
2    (ii) inherited the assault weapon, assault weapon
3    attachment, .50 caliber rifle, or .50 caliber cartridge
4    from a person with an endorsement under this Section or
5    from a person authorized under subdivisions (1) through
6    (5) of subsection (e) to possess the assault weapon,
7    assault weapon attachment, .50 caliber rifle, or .50
8    caliber cartridge; and
9        (3) the make, model, caliber, and serial number of the
10    .50 caliber rifle or assault weapon or assault weapons
11    listed in paragraphs (J), (K), and (L) of subdivision (1)
12    of subsection (a) of this Section possessed by the affiant
13    prior to the effective date of this amendatory Act of the
14    102nd General Assembly and any assault weapons identified
15    and published by the Illinois State Police pursuant to
16    this subdivision (3). No later than October 1, 2023, and
17    every October 1 thereafter, the Illinois State Police
18    shall, via rulemaking, identify, publish, and make
19    available on its website, the list of assault weapons
20    subject to an endorsement affidavit under this subsection
21    (d). The list shall identify, but is not limited to, the
22    copies, duplicates, variants, and altered facsimiles of
23    the assault weapons identified in paragraphs (J), (K), and
24    (L) of subdivision (1) of subsection (a) of this Section
25    and shall be consistent with the definition of "assault
26    weapon" identified in this Section. The Illinois State

 

 

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1    Police may adopt emergency rulemaking in accordance with
2    Section 5-45 of the Illinois Administrative Procedure Act.
3    The adoption of emergency rules authorized by Section 5-45
4    of the Illinois Administrative Procedure Act and this
5    paragraph is deemed to be necessary for the public
6    interest, safety, and welfare.
7    The affidavit form shall include the following statement
8printed in bold type: "Warning: Entering false information on
9this form is punishable as perjury under Section 32-2 of the
10Criminal Code of 2012. Entering false information on this form
11is a violation of the Firearm Owners Identification Card Act."
12    In any administrative, civil, or criminal proceeding in
13this State, a completed endorsement affidavit submitted to the
14Illinois State Police by a person under this Section creates a
15rebuttable presumption that the person is entitled to possess
16and transport the assault weapon, assault weapon attachment,
17.50 caliber rifle, or .50 caliber cartridge.
18    Beginning 90 days after the effective date of this
19amendatory Act of the 102nd General Assembly, a person
20authorized under this Section to possess an assault weapon,
21assault weapon attachment, .50 caliber rifle, or .50 caliber
22cartridge shall possess such items only:
23        (1) on private property owned or immediately
24    controlled by the person;
25        (2) on private property that is not open to the public
26    with the express permission of the person who owns or

 

 

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1    immediately controls such property;
2        (3) while on the premises of a licensed firearms
3    dealer or gunsmith for the purpose of lawful repair;
4        (4) while engaged in the legal use of the assault
5    weapon, assault weapon attachment, .50 caliber rifle, or
6    .50 caliber cartridge at a properly licensed firing range
7    or sport shooting competition venue; or
8        (5) while traveling to or from these locations,
9    provided that the assault weapon, assault weapon
10    attachment, or .50 caliber rifle is unloaded and the
11    assault weapon, assault weapon attachment, .50 caliber
12    rifle, or .50 caliber cartridge is enclosed in a case,
13    firearm carrying box, shipping box, or other container.
14    Beginning on January 1, 2024, the person with the
15endorsement for an assault weapon, assault weapon attachment,
16.50 caliber rifle, or .50 caliber cartridge or a person
17authorized under subdivisions (1) through (5) of subsection
18(e) to possess an assault weapon, assault weapon attachment,
19.50 caliber rifle, or .50 caliber cartridge may transfer the
20assault weapon, assault weapon attachment, .50 caliber rifle,
21or .50 caliber cartridge only to an heir, an individual
22residing in another state maintaining it in another state, or
23a dealer licensed as a federal firearms dealer under Section
24923 of the federal Gun Control Act of 1968. Within 10 days
25after transfer of the weapon except to an heir, the person
26shall notify the Illinois State Police of the name and address

 

 

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1of the transferee and comply with the requirements of
2subsection (b) of Section 3 of the Firearm Owners
3Identification Card Act. The person to whom the weapon or
4ammunition is transferred shall, within 60 days of the
5transfer, complete an affidavit required under this Section. A
6person to whom the weapon is transferred may transfer it only
7as provided in this subsection.
8    Except as provided in subsection (e) and beginning on
9January 1, 2024, any person who moves into this State in
10possession of an assault weapon, assault weapon attachment,
11.50 caliber rifle, or .50 caliber cartridge shall, within 60
12days, apply for a Firearm Owners Identification Card and
13complete an endorsement application as outlined in subsection
14(d).
15    Notwithstanding any other law, information contained in
16the endorsement affidavit shall be confidential, is exempt
17from disclosure under the Freedom of Information Act, and
18shall not be disclosed, except to law enforcement agencies
19acting in the performance of their duties.
20    (e) The provisions of this Section regarding the purchase
21or possession of assault weapons, assault weapon attachments,
22.50 caliber rifles, and .50 cartridges, as well as the
23provisions of this Section that prohibit causing those items
24to be purchased or possessed, do not apply to:
25        (1) Peace officers, as defined in Section 2-13 of this
26    Code.

 

 

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1        (2) Qualified law enforcement officers and qualified
2    retired law enforcement officers as defined in the Law
3    Enforcement Officers Safety Act of 2004 (18 U.S.C. 926B
4    and 926C) and as recognized under Illinois law.
5        (3) Acquisition and possession by a federal, State, or
6    local law enforcement agency for the purpose of equipping
7    the agency's peace officers as defined in paragraph (1) or
8    (2) of this subsection (e).
9        (4) Wardens, superintendents, and keepers of prisons,
10    penitentiaries, jails, and other institutions for the
11    detention of persons accused or convicted of an offense.
12        (5) Members of the Armed Services or Reserve Forces of
13    the United States or the Illinois National Guard, while
14    performing their official duties or while traveling to or
15    from their places of duty.
16        (6) Any company that employs armed security officers
17    in this State at a nuclear energy, storage, weapons, or
18    development site or facility regulated by the federal
19    Nuclear Regulatory Commission and any person employed as
20    an armed security force member at a nuclear energy,
21    storage, weapons, or development site or facility
22    regulated by the federal Nuclear Regulatory Commission who
23    has completed the background screening and training
24    mandated by the rules and regulations of the federal
25    Nuclear Regulatory Commission and while performing
26    official duties.

 

 

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1        (7) Any private security contractor agency licensed
2    under the Private Detective, Private Alarm, Private
3    Security, Fingerprint Vendor, and Locksmith Act of 2004
4    that employs private security contractors and any private
5    security contractor who is licensed and has been issued a
6    firearm control card under the Private Detective, Private
7    Alarm, Private Security, Fingerprint Vendor, and Locksmith
8    Act of 2004 while performing official duties.
9    The provisions of this Section do not apply to the
10manufacture, delivery, sale, import, purchase, or possession
11of an assault weapon, assault weapon attachment, .50 caliber
12rifle, or .50 caliber cartridge or causing the manufacture,
13delivery, sale, importation, purchase, or possession of those
14items:
15        (A) for sale or transfer to persons authorized under
16    subdivisions (1) through (7) of this subsection (e) to
17    possess those items;
18        (B) for sale or transfer to the United States or any
19    department or agency thereof; or
20        (C) for sale or transfer in another state or for
21    export.
22    This Section does not apply to or affect any of the
23following:
24        (i) Possession of any firearm if that firearm is
25    sanctioned by the International Olympic Committee and by
26    USA Shooting, the national governing body for

 

 

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1    international shooting competition in the United States,
2    but only when the firearm is in the actual possession of an
3    Olympic target shooting competitor or target shooting
4    coach for the purpose of storage, transporting to and from
5    Olympic target shooting practice or events if the firearm
6    is broken down in a nonfunctioning state, is not
7    immediately accessible, or is unloaded and enclosed in a
8    firearm case, carrying box, shipping box, or other similar
9    portable container designed for the safe transportation of
10    firearms, and when the Olympic target shooting competitor
11    or target shooting coach is engaging in those practices or
12    events. For the purposes of this paragraph (8), "firearm"
13    has the meaning provided in Section 1.1 of the Firearm
14    Owners Identification Card Act.
15        (ii) Any nonresident who transports, within 24 hours,
16    a weapon for any lawful purpose from any place where the
17    nonresident may lawfully possess and carry that weapon to
18    any other place where the nonresident may lawfully possess
19    and carry that weapon if, during the transportation, the
20    weapon is unloaded, and neither the weapon nor any
21    ammunition being transported is readily accessible or is
22    directly accessible from the passenger compartment of the
23    transporting vehicle. In the case of a vehicle without a
24    compartment separate from the driver's compartment, the
25    weapon or ammunition shall be contained in a locked
26    container other than the glove compartment or console.

 

 

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1        (iii) Possession of a weapon at an event taking place
2    at the World Shooting and Recreational Complex at Sparta,
3    only while engaged in the legal use of the weapon, or while
4    traveling to or from that location if the weapon is broken
5    down in a nonfunctioning state, is not immediately
6    accessible, or is unloaded and enclosed in a firearm case,
7    carrying box, shipping box, or other similar portable
8    container designed for the safe transportation of
9    firearms.
10        (iv) Possession of a weapon only for hunting use
11    expressly permitted under the Wildlife Code, or while
12    traveling to or from a location authorized for this
13    hunting use under the Wildlife Code if the weapon is
14    broken down in a nonfunctioning state, is not immediately
15    accessible, or is unloaded and enclosed in a firearm case,
16    carrying box, shipping box, or other similar portable
17    container designed for the safe transportation of
18    firearms. By October 1, 2023, the Illinois State Police,
19    in consultation with the Department of Natural Resources,
20    shall adopt rules concerning the list of applicable
21    weapons approved under this subparagraph (iv). The
22    Illinois State Police may adopt emergency rules in
23    accordance with Section 5-45 of the Illinois
24    Administrative Procedure Act. The adoption of emergency
25    rules authorized by Section 5-45 of the Illinois
26    Administrative Procedure Act and this paragraph is deemed

 

 

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1    to be necessary for the public interest, safety, and
2    welfare.
3        (v) The manufacture, transportation, possession, sale,
4    or rental of blank-firing assault weapons and .50 caliber
5    rifles, or the weapon's respective attachments, to persons
6    authorized or permitted, or both authorized and permitted,
7    to acquire and possess these weapons or attachments for
8    the purpose of rental for use solely as props for a motion
9    picture, television, or video production or entertainment
10    event.
11    Any person not subject to this Section may submit an
12endorsement affidavit if the person chooses.
13    (f) Any sale or transfer with a background check initiated
14to the Illinois State Police on or before the effective date of
15this amendatory Act of the 102nd General Assembly is allowed
16to be completed after the effective date of this amendatory
17Act once an approval is issued by the Illinois State Police and
18any applicable waiting period under Section 24-3 has expired.
19    (g) The Illinois State Police shall take all steps
20necessary to carry out the requirements of this Section within
21by October 1, 2023.
22    (h) The Department of the State Police shall also develop
23and implement a public notice and public outreach campaign to
24promote awareness about the provisions of this amendatory Act
25of the 102nd General Assembly and to increase compliance with
26this Section.
 

 

 

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1    (720 ILCS 5/24-1.10 new)
2    Sec. 24-1.10. Manufacture, delivery, sale, and possession
3of large capacity ammunition feeding devices.
4    (a) In this Section:
5    "Handgun" has the meaning ascribed to it in the Firearm
6Concealed Carry Act.
7    "Long gun" means a rifle or shotgun.
8    "Large capacity ammunition feeding device" means:
9        (1) a magazine, belt, drum, feed strip, or similar
10    device that has a capacity of, or that can be readily
11    restored or converted to accept, more than 10 rounds of
12    ammunition for long guns and more than 15 rounds of
13    ammunition for handguns; or
14        (2) any combination of parts from which a device
15    described in paragraph (1) can be assembled.
16    "Large capacity ammunition feeding device" does not
17include an attached tubular device designed to accept, and
18capable of operating only with, .22 caliber rimfire
19ammunition. "Large capacity ammunition feeding device" does
20not include a tubular magazine that is contained in a
21lever-action firearm or any device that has been made
22permanently inoperable.
23    (b) Except as provided in subsections (e) and (f), it is
24unlawful for any person within this State to knowingly
25manufacture, deliver, sell, purchase, or cause to be

 

 

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1manufactured, delivered, sold, or purchased a large capacity
2ammunition feeding device.
3    (c) Except as provided in subsections (d), (e), and (f),
4and beginning 90 days after the effective date of this
5amendatory Act of the 102nd General Assembly, it is unlawful
6to knowingly possess a large capacity ammunition feeding
7device.
8    (d) Subsection (c) does not apply to a person's possession
9of a large capacity ammunition feeding device if the person
10lawfully possessed that large capacity ammunition feeding
11device before the effective date of this amendatory Act of the
12102nd General Assembly, provided that the person shall possess
13such device only:
14        (1) on private property owned or immediately
15    controlled by the person;
16        (2) on private property that is not open to the public
17    with the express permission of the person who owns or
18    immediately controls such property;
19        (3) while on the premises of a licensed firearms
20    dealer or gunsmith for the purpose of lawful repair;
21        (4) while engaged in the legal use of the large
22    capacity ammunition feeding device at a properly licensed
23    firing range or sport shooting competition venue; or
24        (5) while traveling to or from these locations,
25    provided that the large capacity ammunition feeding device
26    is stored unloaded and enclosed in a case, firearm

 

 

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1    carrying box, shipping box, or other container.
2    A person authorized under this Section to possess a large
3capacity ammunition feeding device may transfer the large
4capacity ammunition feeding device only to an heir, an
5individual residing in another state maintaining it in another
6state, or a dealer licensed as a federal firearms dealer under
7Section 923 of the federal Gun Control Act of 1968. Within 10
8days after transfer of the large capacity ammunition feeding
9device except to an heir, the person shall notify the Illinois
10State Police of the name and address of the transferee and
11comply with the requirements of subsection (b) of Section 3 of
12the Firearm Owners Identification Card Act. The person to whom
13the large capacity ammunition feeding device is transferred
14shall, within 60 days of the transfer, notify the Illinois
15State Police of the person's acquisition and comply with the
16requirements of subsection (b) of Section 3 of the Firearm
17Owners Identification Card Act. A person to whom the large
18capacity ammunition feeding device is transferred may transfer
19it only as provided in this subsection.
20    Except as provided in subsections (e) and (f) and
21beginning 90 days after the effective date of this amendatory
22Act of the 102nd General Assembly, any person who moves into
23this State in possession of a large capacity ammunition
24feeding device shall, within 60 days, apply for a Firearm
25Owners Identification Card.
26    (e) The provisions of this Section regarding the purchase

 

 

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1or possession of large capacity ammunition feeding devices, as
2well as the provisions of this Section that prohibit causing
3those items to be purchased or possessed, do not apply to:
4        (1) Peace officers as defined in Section 2-13 of this
5    Code.
6        (2) Qualified law enforcement officers and qualified
7    retired law enforcement officers as defined in the Law
8    Enforcement Officers Safety Act of 2004 (18 U.S.C. 926B
9    and 926C) and as recognized under Illinois law.
10        (3) A federal, State, or local law enforcement agency
11    for the purpose of equipping the agency's peace officers
12    as defined in paragraph (1) or (2) of this subsection (e).
13        (4) Wardens, superintendents, and keepers of prisons,
14    penitentiaries, jails, and other institutions for the
15    detention of persons accused or convicted of an offense.
16        (5) Members of the Armed Services or Reserve Forces of
17    the United States or the Illinois National Guard, while
18    their official duties or while traveling to or from their
19    places of duty.
20        (6) Any company that employs armed security officers
21    in this State at a nuclear energy, storage, weapons, or
22    development site or facility regulated by the federal
23    Nuclear Regulatory Commission and any person employed as
24    an armed security force member at a nuclear energy,
25    storage, weapons, or development site or facility
26    regulated by the federal Nuclear Regulatory Commission who

 

 

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1    has completed the background screening and training
2    mandated by the rules and regulations of the federal
3    Nuclear Regulatory Commission and while performing
4    official duties.
5        (7) Any private security contractor agency licensed
6    under the Private Detective, Private Alarm, Private
7    Security, Fingerprint Vendor, and Locksmith Act of 2004
8    that employs private security contractors and any private
9    security contractor who is licensed and has been issued a
10    firearm control card under the Private Detective, Private
11    Alarm, Private Security, Fingerprint Vendor, and Locksmith
12    Act of 2004 while performing official duties.
13    (f) This Section does not apply to or affect any of the
14following:
15        (1) Manufacture, delivery, sale, importation,
16    purchase, or possession or causing to be manufactured,
17    delivered, sold, imported, purchased, or possessed a large
18    capacity ammunition feeding device:
19            (A) for sale or transfer to persons authorized
20        under subdivisions (1) through (7) of subsection (e)
21        to possess those items;
22            (B) for sale or transfer to the United States or
23        any department or agency thereof; or
24            (C) for sale or transfer in another state or for
25        export.
26        (2) Sale or rental of large capacity ammunition

 

 

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1    feeding devices for blank-firing assault weapons and .50
2    caliber rifles, to persons authorized or permitted, or
3    both authorized and permitted, to acquire these devices
4    for the purpose of rental for use solely as props for a
5    motion picture, television, or video production or
6    entertainment event.
7    (g) Sentence. A person who knowingly manufactures,
8delivers, sells, purchases, possesses, or causes to be
9manufactured, delivered, sold, possessed, or purchased in
10violation of this Section a large capacity ammunition feeding
11device capable of holding more than 10 rounds of ammunition
12for long guns or more than 15 rounds of ammunition for handguns
13commits a petty offense with a fine of $1,000 for each
14violation.
15    (h) The Department of the State Police shall also develop
16and implement a public notice and public outreach campaign to
17promote awareness about the provisions of this amendatory Act
18of the 102nd General Assembly and to increase compliance with
19this Section.
 
20    Section 95. No acceleration or delay. Where this Act makes
21changes in a statute that is represented in this Act by text
22that is not yet or no longer in effect (for example, a Section
23represented by multiple versions), the use of that text does
24not accelerate or delay the taking effect of (i) the changes
25made by this Act or (ii) provisions derived from any other

 

 

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1Public Act.
 
2    Section 97. Severability. The provisions of this Act are
3severable under Section 1.31 of the Statute on Statutes.
 
4    Section 99. Effective date. This Act takes effect upon
5becoming law.