Sen. Don Harmon

Filed: 1/9/2023

 

 


 

 


 
10200HB5471sam003LRB102 24372 RLC 42574 a

1
AMENDMENT TO HOUSE BILL 5471

2    AMENDMENT NO. ______. Amend House Bill 5471 by replacing
3everything after the enacting clause with the following:
 
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

 

 

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1interest, safety, and welfare.
2    This Section is repealed one year after the effective date
3of this amendatory Act of the 102nd General Assembly.
 
4    Section 4. The Freedom of Information Act is amended by
5changing Section 7.5 as follows:
 
6    (5 ILCS 140/7.5)
7    Sec. 7.5. Statutory exemptions. To the extent provided for
8by the statutes referenced below, the following shall be
9exempt from inspection and copying:
10        (a) All information determined to be confidential
11    under Section 4002 of the Technology Advancement and
12    Development Act.
13        (b) Library circulation and order records identifying
14    library users with specific materials under the Library
15    Records Confidentiality Act.
16        (c) Applications, related documents, and medical
17    records received by the Experimental Organ Transplantation
18    Procedures Board and any and all documents or other
19    records prepared by the Experimental Organ Transplantation
20    Procedures Board or its staff relating to applications it
21    has received.
22        (d) Information and records held by the Department of
23    Public Health and its authorized representatives relating
24    to known or suspected cases of sexually transmissible

 

 

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1    disease or any information the disclosure of which is
2    restricted under the Illinois Sexually Transmissible
3    Disease Control Act.
4        (e) Information the disclosure of which is exempted
5    under Section 30 of the Radon Industry Licensing Act.
6        (f) Firm performance evaluations under Section 55 of
7    the Architectural, Engineering, and Land Surveying
8    Qualifications Based Selection Act.
9        (g) Information the disclosure of which is restricted
10    and exempted under Section 50 of the Illinois Prepaid
11    Tuition Act.
12        (h) Information the disclosure of which is exempted
13    under the State Officials and Employees Ethics Act, and
14    records of any lawfully created State or local inspector
15    general's office that would be exempt if created or
16    obtained by an Executive Inspector General's office under
17    that Act.
18        (i) Information contained in a local emergency energy
19    plan submitted to a municipality in accordance with a
20    local emergency energy plan ordinance that is adopted
21    under Section 11-21.5-5 of the Illinois Municipal Code.
22        (j) Information and data concerning the distribution
23    of surcharge moneys collected and remitted by carriers
24    under the Emergency Telephone System Act.
25        (k) Law enforcement officer identification information
26    or driver identification information compiled by a law

 

 

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1    enforcement agency or the Department of Transportation
2    under Section 11-212 of the Illinois Vehicle Code.
3        (l) Records and information provided to a residential
4    health care facility resident sexual assault and death
5    review team or the Executive Council under the Abuse
6    Prevention Review Team Act.
7        (m) Information provided to the predatory lending
8    database created pursuant to Article 3 of the Residential
9    Real Property Disclosure Act, except to the extent
10    authorized under that Article.
11        (n) Defense budgets and petitions for certification of
12    compensation and expenses for court appointed trial
13    counsel as provided under Sections 10 and 15 of the
14    Capital Crimes Litigation Act. This subsection (n) shall
15    apply until the conclusion of the trial of the case, even
16    if the prosecution chooses not to pursue the death penalty
17    prior to trial or sentencing.
18        (o) Information that is prohibited from being
19    disclosed under Section 4 of the Illinois Health and
20    Hazardous Substances Registry Act.
21        (p) Security portions of system safety program plans,
22    investigation reports, surveys, schedules, lists, data, or
23    information compiled, collected, or prepared by or for the
24    Department of Transportation under Sections 2705-300 and
25    2705-616 of the Department of Transportation Law of the
26    Civil Administrative Code of Illinois, the Regional

 

 

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1    Transportation Authority under Section 2.11 of the
2    Regional Transportation Authority Act, or the St. Clair
3    County Transit District under the Bi-State Transit Safety
4    Act.
5        (q) Information prohibited from being disclosed by the
6    Personnel Record Review Act.
7        (r) Information prohibited from being disclosed by the
8    Illinois School Student Records Act.
9        (s) Information the disclosure of which is restricted
10    under Section 5-108 of the Public Utilities Act.
11        (t) All identified or deidentified health information
12    in the form of health data or medical records contained
13    in, stored in, submitted to, transferred by, or released
14    from the Illinois Health Information Exchange, and
15    identified or deidentified health information in the form
16    of health data and medical records of the Illinois Health
17    Information Exchange in the possession of the Illinois
18    Health Information Exchange Office due to its
19    administration of the Illinois Health Information
20    Exchange. The terms "identified" and "deidentified" shall
21    be given the same meaning as in the Health Insurance
22    Portability and Accountability Act of 1996, Public Law
23    104-191, or any subsequent amendments thereto, and any
24    regulations promulgated thereunder.
25        (u) Records and information provided to an independent
26    team of experts under the Developmental Disability and

 

 

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1    Mental Health Safety Act (also known as Brian's Law).
2        (v) Names and information of people who have applied
3    for or received Firearm Owner's Identification Cards under
4    the Firearm Owners Identification Card Act or applied for
5    or received a concealed carry license under the Firearm
6    Concealed Carry Act, unless otherwise authorized by the
7    Firearm Concealed Carry Act; and databases under the
8    Firearm Concealed Carry Act, records of the Concealed
9    Carry Licensing Review Board under the Firearm Concealed
10    Carry Act, and law enforcement agency objections under the
11    Firearm Concealed Carry Act.
12        (v-5) Records of the Firearm Owner's Identification
13    Card Review Board that are exempted from disclosure under
14    Section 10 of the Firearm Owners Identification Card Act.
15        (w) Personally identifiable information which is
16    exempted from disclosure under subsection (g) of Section
17    19.1 of the Toll Highway Act.
18        (x) Information which is exempted from disclosure
19    under Section 5-1014.3 of the Counties Code or Section
20    8-11-21 of the Illinois Municipal Code.
21        (y) Confidential information under the Adult
22    Protective Services Act and its predecessor enabling
23    statute, the Elder Abuse and Neglect Act, including
24    information about the identity and administrative finding
25    against any caregiver of a verified and substantiated
26    decision of abuse, neglect, or financial exploitation of

 

 

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1    an eligible adult maintained in the Registry established
2    under Section 7.5 of the Adult Protective Services Act.
3        (z) Records and information provided to a fatality
4    review team or the Illinois Fatality Review Team Advisory
5    Council under Section 15 of the Adult Protective Services
6    Act.
7        (aa) Information which is exempted from disclosure
8    under Section 2.37 of the Wildlife Code.
9        (bb) Information which is or was prohibited from
10    disclosure by the Juvenile Court Act of 1987.
11        (cc) Recordings made under the Law Enforcement
12    Officer-Worn Body Camera Act, except to the extent
13    authorized under that Act.
14        (dd) Information that is prohibited from being
15    disclosed under Section 45 of the Condominium and Common
16    Interest Community Ombudsperson Act.
17        (ee) Information that is exempted from disclosure
18    under Section 30.1 of the Pharmacy Practice Act.
19        (ff) Information that is exempted from disclosure
20    under the Revised Uniform Unclaimed Property Act.
21        (gg) Information that is prohibited from being
22    disclosed under Section 7-603.5 of the Illinois Vehicle
23    Code.
24        (hh) Records that are exempt from disclosure under
25    Section 1A-16.7 of the Election Code.
26        (ii) Information which is exempted from disclosure

 

 

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1    under Section 2505-800 of the Department of Revenue Law of
2    the Civil Administrative Code of Illinois.
3        (jj) Information and reports that are required to be
4    submitted to the Department of Labor by registering day
5    and temporary labor service agencies but are exempt from
6    disclosure under subsection (a-1) of Section 45 of the Day
7    and Temporary Labor Services Act.
8        (kk) Information prohibited from disclosure under the
9    Seizure and Forfeiture Reporting Act.
10        (ll) Information the disclosure of which is restricted
11    and exempted under Section 5-30.8 of the Illinois Public
12    Aid Code.
13        (mm) Records that are exempt from disclosure under
14    Section 4.2 of the Crime Victims Compensation Act.
15        (nn) Information that is exempt from disclosure under
16    Section 70 of the Higher Education Student Assistance Act.
17        (oo) Communications, notes, records, and reports
18    arising out of a peer support counseling session
19    prohibited from disclosure under the First Responders
20    Suicide Prevention Act.
21        (pp) Names and all identifying information relating to
22    an employee of an emergency services provider or law
23    enforcement agency under the First Responders Suicide
24    Prevention Act.
25        (qq) Information and records held by the Department of
26    Public Health and its authorized representatives collected

 

 

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1    under the Reproductive Health Act.
2        (rr) Information that is exempt from disclosure under
3    the Cannabis Regulation and Tax Act.
4        (ss) Data reported by an employer to the Department of
5    Human Rights pursuant to Section 2-108 of the Illinois
6    Human Rights Act.
7        (tt) Recordings made under the Children's Advocacy
8    Center Act, except to the extent authorized under that
9    Act.
10        (uu) Information that is exempt from disclosure under
11    Section 50 of the Sexual Assault Evidence Submission Act.
12        (vv) Information that is exempt from disclosure under
13    subsections (f) and (j) of Section 5-36 of the Illinois
14    Public Aid Code.
15        (ww) Information that is exempt from disclosure under
16    Section 16.8 of the State Treasurer Act.
17        (xx) Information that is exempt from disclosure or
18    information that shall not be made public under the
19    Illinois Insurance Code.
20        (yy) Information prohibited from being disclosed under
21    the Illinois Educational Labor Relations Act.
22        (zz) Information prohibited from being disclosed under
23    the Illinois Public Labor Relations Act.
24        (aaa) Information prohibited from being disclosed
25    under Section 1-167 of the Illinois Pension Code.
26        (bbb) Information that is prohibited from disclosure

 

 

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1    by the Illinois Police Training Act and the Illinois State
2    Police Act.
3        (ccc) Records exempt from disclosure under Section
4    2605-304 of the Illinois State Police Law of the Civil
5    Administrative Code of Illinois.
6        (ddd) Information prohibited from being disclosed
7    under Section 35 of the Address Confidentiality for
8    Victims of Domestic Violence, Sexual Assault, Human
9    Trafficking, or Stalking Act.
10        (eee) Information prohibited from being disclosed
11    under subsection (b) of Section 75 of the Domestic
12    Violence Fatality Review Act.
13        (fff) Images from cameras under the Expressway Camera
14    Act. This subsection (fff) is inoperative on and after
15    July 1, 2023.
16        (ggg) (fff) Information prohibited from disclosure
17    under paragraph (3) of subsection (a) of Section 14 of the
18    Nurse Agency Licensing Act.
19        (hhh) Information submitted to the Department of State
20    Police in an affidavit or application for an assault
21    weapon endorsement, assault weapon attachment endorsement,
22    .50 caliber rifle endorsement, or .50 caliber cartridge
23    endorsement under the Firearm Owners Identification Card
24    Act.
25(Source: P.A. 101-13, eff. 6-12-19; 101-27, eff. 6-25-19;
26101-81, eff. 7-12-19; 101-221, eff. 1-1-20; 101-236, eff.

 

 

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11-1-20; 101-375, eff. 8-16-19; 101-377, eff. 8-16-19; 101-452,
2eff. 1-1-20; 101-466, eff. 1-1-20; 101-600, eff. 12-6-19;
3101-620, eff 12-20-19; 101-649, eff. 7-7-20; 101-652, eff.
41-1-22; 101-656, eff. 3-23-21; 102-36, eff. 6-25-21; 102-237,
5eff. 1-1-22; 102-292, eff. 1-1-22; 102-520, eff. 8-20-21;
6102-559, eff. 8-20-21; 102-813, eff. 5-13-22; 102-946, eff.
77-1-22; 102-1042, eff. 6-3-22; revised 8-1-22.)
 
8    Section 5. The Illinois State Police Law of the Civil
9Administrative Code of Illinois is amended by changing
10Sections 2605-35 and 2605-51.1 as follows:
 
11    (20 ILCS 2605/2605-35)  (was 20 ILCS 2605/55a-3)
12    Sec. 2605-35. Division of Criminal Investigation.
13    (a) The Division of Criminal Investigation shall exercise
14the following functions and those in Section 2605-30:
15        (1) Exercise the rights, powers, and duties vested by
16    law in the Illinois State Police by the Illinois Horse
17    Racing Act of 1975, including those set forth in Section
18    2605-215.
19        (2) Investigate the origins, activities, personnel,
20    and incidents of crime and enforce the criminal laws of
21    this State related thereto.
22        (3) Enforce all laws regulating the production, sale,
23    prescribing, manufacturing, administering, transporting,
24    having in possession, dispensing, delivering,

 

 

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1    distributing, or use of controlled substances and
2    cannabis.
3        (4) Cooperate with the police of cities, villages, and
4    incorporated towns and with the police officers of any
5    county in enforcing the laws of the State and in making
6    arrests and recovering property.
7        (5) Apprehend and deliver up any person charged in
8    this State or any other state with treason or a felony or
9    other crime who has fled from justice and is found in this
10    State.
11        (6) Investigate recipients and providers under the
12    Illinois Public Aid Code and any personnel involved in the
13    administration of the Code who are suspected of any
14    violation of the Code pertaining to fraud in the
15    administration, receipt, or provision of assistance and
16    pertaining to any violation of criminal law; and exercise
17    the functions required under Section 2605-220 in the
18    conduct of those investigations.
19        (7) Conduct other investigations as provided by law,
20    including, but not limited to, investigations of human
21    trafficking, illegal drug trafficking, and illegal
22    firearms trafficking.
23        (8) Investigate public corruption.
24        (9) Exercise other duties that may be assigned by the
25    Director in order to fulfill the responsibilities and
26    achieve the purposes of the Illinois State Police, which

 

 

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1    may include the coordination of gang, terrorist, and
2    organized crime prevention, control activities, and
3    assisting local law enforcement in their crime control
4    activities.
5        (10) Conduct investigations (and cooperate with
6    federal law enforcement agencies in the investigation) of
7    any property-related crimes, such as money laundering,
8    involving individuals or entities listed on the sanctions
9    list maintained by the U.S. Department of Treasury's
10    Office of Foreign Asset Control.
11    (b) (Blank).
12    (c) The Division of Criminal Investigation shall provide
13statewide coordination and strategy pertaining to
14firearm-related intelligence, firearms trafficking
15interdiction, and investigations reaching across all divisions
16of the Illinois State Police, including providing crime gun
17intelligence support for suspects and firearms involved in
18firearms trafficking or the commission of a crime involving
19firearms that is investigated by the Illinois State Police and
20other federal, State, and local law enforcement agencies, with
21the objective of reducing and preventing illegal possession
22and use of firearms, firearms trafficking, firearm-related
23homicides, and other firearm-related violent crimes in
24Illinois.
25(Source: P.A. 102-538, eff. 8-20-21; 102-813, eff. 5-13-22;
26102-1108, eff. 12-21-22.)
 

 

 

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1    (20 ILCS 2605/2605-51.1)
2    (Section scheduled to be repealed on June 1, 2026)
3    Sec. 2605-51.1. Commission on Implementing the Firearms
4Restraining Order Act.
5    (a) There is created the Commission on Implementing the
6Firearms Restraining Order Act composed of at least 12 members
7to advise on the strategies of education and implementation of
8the Firearms Restraining Order Act. The Commission shall be
9appointed by the Director of the Illinois State Police or his
10or her designee and shall include a liaison or representative
11nominated from the following:
12        (1) the Office of the Attorney General, appointed by
13    the Attorney General;
14        (2) the Director of the Illinois State Police or his
15    or her designee;
16        (3) at least 3 State's Attorneys, nominated by the
17    Director of the Office of the State's Attorneys Appellate
18    Prosecutor;
19        (4) at least 2 municipal police department
20    representatives, nominated by the Illinois Association of
21    Chiefs of Police;
22        (5) an Illinois sheriff, nominated by the Illinois
23    Sheriffs' Association;
24        (6) the Director of Public Health or his or her
25    designee;

 

 

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1        (7) the Illinois Law Enforcement Training Standards
2    Board, nominated by the Executive Director of the Board;
3        (8) a representative from a public defender's office,
4    nominated by the State Appellate Defender;
5        (9) a circuit court judge, nominated by the Chief
6    Justice of the Supreme Court;
7        (10) a prosecutor with experience managing or
8    directing a program in another state where the
9    implementation of that state's extreme risk protection
10    order law has achieved high rates of petition filings
11    nominated by the National District Attorneys Association;
12    and
13        (11) an expert from law enforcement who has experience
14    managing or directing a program in another state where the
15    implementation of that state's extreme risk protection
16    order law has achieved high rates of petition filings
17    nominated by the Director of the Illinois State Police;
18    and
19        (12) a circuit court clerk, nominated by the President
20    of the Illinois Association of Court Clerks.
21    (b) The Commission shall be chaired by the Director of the
22Illinois State Police or his or her designee. The Commission
23shall meet, either virtually or in person, to discuss the
24implementation of the Firearms Restraining Order Act as
25determined by the Commission while the strategies are being
26established.

 

 

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1    (c) The members of the Commission shall serve without
2compensation and shall serve 3-year terms.
3    (d) An annual report shall be submitted to the General
4Assembly by the Commission that may include summary
5information about firearms restraining order use by county,
6challenges to Firearms Restraining Order Act implementation,
7and recommendations for increasing and improving
8implementation.
9    (e) The Commission shall develop a model policy with an
10overall framework for the timely relinquishment of firearms
11whenever a firearms restraining order is issued. The model
12policy shall be finalized within the first 4 months of
13convening. In formulating the model policy, the Commission
14shall consult counties in Illinois and other states with
15extreme risk protection order laws which have achieved a high
16rate of petition filings. Once approved, the Illinois State
17Police shall work with their local law enforcement agencies
18within their county to design a comprehensive strategy for the
19timely relinquishment of firearms, using the model policy as
20an overall framework. Each individual agency may make small
21modifications as needed to the model policy and must approve
22and adopt a policy that aligns with the model policy. The
23Illinois State Police shall convene local police chiefs and
24sheriffs within their county as needed to discuss the
25relinquishment of firearms.
26    (f) The Commission shall be dissolved June 1, 2025 (3

 

 

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1years after the effective date of Public Act 102-345).
2    (g) This Section is repealed June 1, 2026 (4 years after
3the effective date of Public Act 102-345).
4(Source: P.A. 102-345, eff. 6-1-22; 102-813, eff. 5-13-22.)
 
5    Section 7. The Illinois Procurement Code is amended by
6changing Section 1-10 as follows:
 
7    (30 ILCS 500/1-10)
8    Sec. 1-10. Application.
9    (a) This Code applies only to procurements for which
10bidders, offerors, potential contractors, or contractors were
11first solicited on or after July 1, 1998. This Code shall not
12be construed to affect or impair any contract, or any
13provision of a contract, entered into based on a solicitation
14prior to the implementation date of this Code as described in
15Article 99, including, but not limited to, any covenant
16entered into with respect to any revenue bonds or similar
17instruments. All procurements for which contracts are
18solicited between the effective date of Articles 50 and 99 and
19July 1, 1998 shall be substantially in accordance with this
20Code and its intent.
21    (b) This Code shall apply regardless of the source of the
22funds with which the contracts are paid, including federal
23assistance moneys. This Code shall not apply to:
24        (1) Contracts between the State and its political

 

 

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1    subdivisions or other governments, or between State
2    governmental bodies, except as specifically provided in
3    this Code.
4        (2) Grants, except for the filing requirements of
5    Section 20-80.
6        (3) Purchase of care, except as provided in Section
7    5-30.6 of the Illinois Public Aid Code and this Section.
8        (4) Hiring of an individual as an employee and not as
9    an independent contractor, whether pursuant to an
10    employment code or policy or by contract directly with
11    that individual.
12        (5) Collective bargaining contracts.
13        (6) Purchase of real estate, except that notice of
14    this type of contract with a value of more than $25,000
15    must be published in the Procurement Bulletin within 10
16    calendar days after the deed is recorded in the county of
17    jurisdiction. The notice shall identify the real estate
18    purchased, the names of all parties to the contract, the
19    value of the contract, and the effective date of the
20    contract.
21        (7) Contracts necessary to prepare for anticipated
22    litigation, enforcement actions, or investigations,
23    provided that the chief legal counsel to the Governor
24    shall give his or her prior approval when the procuring
25    agency is one subject to the jurisdiction of the Governor,
26    and provided that the chief legal counsel of any other

 

 

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

 

 

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1    awarded through a competitive process authorized by the
2    members of the Illinois Housing Development Authority and
3    are subject to Sections 5-30, 20-160, 50-13, 50-20, 50-35,
4    and 50-37 of this Code, as well as the final approval by
5    the members of the Illinois Housing Development Authority
6    of the terms of the contract.
7        (13) Contracts for services, commodities, and
8    equipment to support the delivery of timely forensic
9    science services in consultation with and subject to the
10    approval of the Chief Procurement Officer as provided in
11    subsection (d) of Section 5-4-3a of the Unified Code of
12    Corrections, except for the requirements of Sections
13    20-60, 20-65, 20-70, and 20-160 and Article 50 of this
14    Code; however, the Chief Procurement Officer may, in
15    writing with justification, waive any certification
16    required under Article 50 of this Code. For any contracts
17    for services which are currently provided by members of a
18    collective bargaining agreement, the applicable terms of
19    the collective bargaining agreement concerning
20    subcontracting shall be followed.
21        On and after January 1, 2019, this paragraph (13),
22    except for this sentence, is inoperative.
23        (14) Contracts for participation expenditures required
24    by a domestic or international trade show or exhibition of
25    an exhibitor, member, or sponsor.
26        (15) Contracts with a railroad or utility that

 

 

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1    requires the State to reimburse the railroad or utilities
2    for the relocation of utilities for construction or other
3    public purpose. Contracts included within this paragraph
4    (15) shall include, but not be limited to, those
5    associated with: relocations, crossings, installations,
6    and maintenance. For the purposes of this paragraph (15),
7    "railroad" means any form of non-highway ground
8    transportation that runs on rails or electromagnetic
9    guideways and "utility" means: (1) public utilities as
10    defined in Section 3-105 of the Public Utilities Act, (2)
11    telecommunications carriers as defined in Section 13-202
12    of the Public Utilities Act, (3) electric cooperatives as
13    defined in Section 3.4 of the Electric Supplier Act, (4)
14    telephone or telecommunications cooperatives as defined in
15    Section 13-212 of the Public Utilities Act, (5) rural
16    water or waste water systems with 10,000 connections or
17    less, (6) a holder as defined in Section 21-201 of the
18    Public Utilities Act, and (7) municipalities owning or
19    operating utility systems consisting of public utilities
20    as that term is defined in Section 11-117-2 of the
21    Illinois Municipal Code.
22        (16) Procurement expenditures necessary for the
23    Department of Public Health to provide the delivery of
24    timely newborn screening services in accordance with the
25    Newborn Metabolic Screening Act.
26        (17) Procurement expenditures necessary for the

 

 

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1    Department of Agriculture, the Department of Financial and
2    Professional Regulation, the Department of Human Services,
3    and the Department of Public Health to implement the
4    Compassionate Use of Medical Cannabis Program and Opioid
5    Alternative Pilot Program requirements and ensure access
6    to medical cannabis for patients with debilitating medical
7    conditions in accordance with the Compassionate Use of
8    Medical Cannabis Program Act.
9        (18) This Code does not apply to any procurements
10    necessary for the Department of Agriculture, the
11    Department of Financial and Professional Regulation, the
12    Department of Human Services, the Department of Commerce
13    and Economic Opportunity, and the Department of Public
14    Health to implement the Cannabis Regulation and Tax Act if
15    the applicable agency has made a good faith determination
16    that it is necessary and appropriate for the expenditure
17    to fall within this exemption and if the process is
18    conducted in a manner substantially in accordance with the
19    requirements of Sections 20-160, 25-60, 30-22, 50-5,
20    50-10, 50-10.5, 50-12, 50-13, 50-15, 50-20, 50-21, 50-35,
21    50-36, 50-37, 50-38, and 50-50 of this Code; however, for
22    Section 50-35, compliance applies only to contracts or
23    subcontracts over $100,000. Notice of each contract
24    entered into under this paragraph (18) that is related to
25    the procurement of goods and services identified in
26    paragraph (1) through (9) of this subsection shall be

 

 

10200HB5471sam003- 23 -LRB102 24372 RLC 42574 a

1    published in the Procurement Bulletin within 14 calendar
2    days after contract execution. The Chief Procurement
3    Officer shall prescribe the form and content of the
4    notice. Each agency shall provide the Chief Procurement
5    Officer, on a monthly basis, in the form and content
6    prescribed by the Chief Procurement Officer, a report of
7    contracts that are related to the procurement of goods and
8    services identified in this subsection. At a minimum, this
9    report shall include the name of the contractor, a
10    description of the supply or service provided, the total
11    amount of the contract, the term of the contract, and the
12    exception to this Code utilized. A copy of any or all of
13    these contracts shall be made available to the Chief
14    Procurement Officer immediately upon request. The Chief
15    Procurement Officer shall submit a report to the Governor
16    and General Assembly no later than November 1 of each year
17    that includes, at a minimum, an annual summary of the
18    monthly information reported to the Chief Procurement
19    Officer. This exemption becomes inoperative 5 years after
20    June 25, 2019 (the effective date of Public Act 101-27).
21        (19) Acquisition of modifications or adjustments,
22    limited to assistive technology devices and assistive
23    technology services, adaptive equipment, repairs, and
24    replacement parts to provide reasonable accommodations (i)
25    that enable a qualified applicant with a disability to
26    complete the job application process and be considered for

 

 

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1    the position such qualified applicant desires, (ii) that
2    modify or adjust the work environment to enable a
3    qualified current employee with a disability to perform
4    the essential functions of the position held by that
5    employee, (iii) to enable a qualified current employee
6    with a disability to enjoy equal benefits and privileges
7    of employment as are enjoyed by other similarly situated
8    employees without disabilities, and (iv) that allow a
9    customer, client, claimant, or member of the public
10    seeking State services full use and enjoyment of and
11    access to its programs, services, or benefits.
12        For purposes of this paragraph (19):
13        "Assistive technology devices" means any item, piece
14    of equipment, or product system, whether acquired
15    commercially off the shelf, modified, or customized, that
16    is used to increase, maintain, or improve functional
17    capabilities of individuals with disabilities.
18        "Assistive technology services" means any service that
19    directly assists an individual with a disability in
20    selection, acquisition, or use of an assistive technology
21    device.
22        "Qualified" has the same meaning and use as provided
23    under the federal Americans with Disabilities Act when
24    describing an individual with a disability.
25        (20) Procurement expenditures necessary for the
26    Illinois Commerce Commission to hire third-party

 

 

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1    facilitators pursuant to Sections 16-105.17 and 16-108.18
2    of the Public Utilities Act or an ombudsman pursuant to
3    Section 16-107.5 of the Public Utilities Act, a
4    facilitator pursuant to Section 16-105.17 of the Public
5    Utilities Act, or a grid auditor pursuant to Section
6    16-105.10 of the Public Utilities Act.
7        (21) Procurement expenditures for the purchase,
8    renewal, and expansion of software, software licenses, or
9    software maintenance agreements that support the efforts
10    of the Illinois State Police to enforce, regulate, and
11    administer the Firearm Owners Identification Card Act, the
12    Firearm Concealed Carry Act, the Firearms Restraining
13    Order Act, the Firearm Dealer License Certification Act,
14    the Law Enforcement Agencies Data System (LEADS), the
15    Uniform Crime Reporting Act, the Criminal Identification
16    Act, the Uniform Conviction Information Act, and the Gun
17    Trafficking Information Act, or establish or maintain
18    record management systems necessary to conduct human
19    trafficking investigations or gun trafficking or other
20    stolen firearm investigations. This paragraph (21) applies
21    to contracts entered into on or after the effective date
22    of this amendatory Act of the 102nd General Assembly and
23    the renewal of contracts that are in effect on the
24    effective date of this amendatory Act of the 102nd General
25    Assembly.
26    Notwithstanding any other provision of law, for contracts

 

 

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1with an annual value of more than $100,000 entered into on or
2after October 1, 2017 under an exemption provided in any
3paragraph of this subsection (b), except paragraph (1), (2),
4or (5), each State agency shall post to the appropriate
5procurement bulletin the name of the contractor, a description
6of the supply or service provided, the total amount of the
7contract, the term of the contract, and the exception to the
8Code utilized. The chief procurement officer shall submit a
9report to the Governor and General Assembly no later than
10November 1 of each year that shall include, at a minimum, an
11annual summary of the monthly information reported to the
12chief procurement officer.
13    (c) This Code does not apply to the electric power
14procurement process provided for under Section 1-75 of the
15Illinois Power Agency Act and Section 16-111.5 of the Public
16Utilities Act.
17    (d) Except for Section 20-160 and Article 50 of this Code,
18and as expressly required by Section 9.1 of the Illinois
19Lottery Law, the provisions of this Code do not apply to the
20procurement process provided for under Section 9.1 of the
21Illinois Lottery Law.
22    (e) This Code does not apply to the process used by the
23Capital Development Board to retain a person or entity to
24assist the Capital Development Board with its duties related
25to the determination of costs of a clean coal SNG brownfield
26facility, as defined by Section 1-10 of the Illinois Power

 

 

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1Agency Act, as required in subsection (h-3) of Section 9-220
2of the Public Utilities Act, including calculating the range
3of capital costs, the range of operating and maintenance
4costs, or the sequestration costs or monitoring the
5construction of clean coal SNG brownfield facility for the
6full duration of construction.
7    (f) (Blank).
8    (g) (Blank).
9    (h) This Code does not apply to the process to procure or
10contracts entered into in accordance with Sections 11-5.2 and
1111-5.3 of the Illinois Public Aid Code.
12    (i) Each chief procurement officer may access records
13necessary to review whether a contract, purchase, or other
14expenditure is or is not subject to the provisions of this
15Code, unless such records would be subject to attorney-client
16privilege.
17    (j) This Code does not apply to the process used by the
18Capital Development Board to retain an artist or work or works
19of art as required in Section 14 of the Capital Development
20Board Act.
21    (k) This Code does not apply to the process to procure
22contracts, or contracts entered into, by the State Board of
23Elections or the State Electoral Board for hearing officers
24appointed pursuant to the Election Code.
25    (l) This Code does not apply to the processes used by the
26Illinois Student Assistance Commission to procure supplies and

 

 

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1services paid for from the private funds of the Illinois
2Prepaid Tuition Fund. As used in this subsection (l), "private
3funds" means funds derived from deposits paid into the
4Illinois Prepaid Tuition Trust Fund and the earnings thereon.
5    (m) This Code shall apply regardless of the source of
6funds with which contracts are paid, including federal
7assistance moneys. Except as specifically provided in this
8Code, this Code shall not apply to procurement expenditures
9necessary for the Department of Public Health to conduct the
10Healthy Illinois Survey in accordance with Section 2310-431 of
11the Department of Public Health Powers and Duties Law of the
12Civil Administrative Code of Illinois.
13(Source: P.A. 101-27, eff. 6-25-19; 101-81, eff. 7-12-19;
14101-363, eff. 8-9-19; 102-175, eff. 7-29-21; 102-483, eff
151-1-22; 102-558, eff. 8-20-21; 102-600, eff. 8-27-21; 102-662,
16eff. 9-15-21; 102-721, eff. 1-1-23; 102-813, eff. 5-13-22.)
 
17    Section 10. The Firearm Owners Identification Card Act is
18amended by changing Sections 2, 3, 4, and 8 and by adding
19Section 4.1 as follows:
 
20    (430 ILCS 65/2)  (from Ch. 38, par. 83-2)
21    Sec. 2. Firearm Owner's Identification Card required;
22exceptions.
23    (a) (1) No person may acquire or possess any firearm, stun
24gun, or taser within this State without having in his or her

 

 

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1possession a Firearm Owner's Identification Card previously
2issued in his or her name by the Illinois State Police under
3the provisions of this Act.
4    (2) No person may acquire or possess firearm ammunition
5within this State without having in his or her possession a
6Firearm Owner's Identification Card previously issued in his
7or her name by the Illinois State Police under the provisions
8of this Act.
9    (b) The provisions of this Section regarding the
10possession of firearms, firearm ammunition, stun guns, and
11tasers do not apply to:
12        (1) United States Marshals, while engaged in the
13    operation of their official duties;
14        (2) Members of the Armed Forces of the United States
15    or the National Guard, while engaged in the operation of
16    their official duties;
17        (3) Federal officials required to carry firearms,
18    while engaged in the operation of their official duties;
19        (4) Members of bona fide veterans organizations which
20    receive firearms directly from the armed forces of the
21    United States, while using the firearms for ceremonial
22    purposes with blank ammunition;
23        (5) Nonresident hunters during hunting season, with
24    valid nonresident hunting licenses and while in an area
25    where hunting is permitted; however, at all other times
26    and in all other places these persons must have their

 

 

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1    firearms unloaded and enclosed in a case;
2        (6) Those hunters exempt from obtaining a hunting
3    license who are required to submit their Firearm Owner's
4    Identification Card when hunting on Department of Natural
5    Resources owned or managed sites;
6        (7) Nonresidents while on a firing or shooting range
7    recognized by the Illinois State Police; however, these
8    persons must at all other times and in all other places
9    have their firearms unloaded and enclosed in a case;
10        (8) Nonresidents while at a firearm showing or display
11    recognized by the Illinois State Police; however, at all
12    other times and in all other places these persons must
13    have their firearms unloaded and enclosed in a case;
14        (9) Nonresidents whose firearms are unloaded and
15    enclosed in a case;
16        (10) Nonresidents who are currently licensed or
17    registered to possess a firearm in their resident state;
18        (11) Unemancipated minors while in the custody and
19    immediate control of their parent or legal guardian or
20    other person in loco parentis to the minor if the parent or
21    legal guardian or other person in loco parentis to the
22    minor has a currently valid Firearm Owner's Identification
23    Card;
24        (12) Color guards of bona fide veterans organizations
25    or members of bona fide American Legion bands while using
26    firearms for ceremonial purposes with blank ammunition;

 

 

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1        (13) Nonresident hunters whose state of residence does
2    not require them to be licensed or registered to possess a
3    firearm and only during hunting season, with valid hunting
4    licenses, while accompanied by, and using a firearm owned
5    by, a person who possesses a valid Firearm Owner's
6    Identification Card and while in an area within a
7    commercial club licensed under the Wildlife Code where
8    hunting is permitted and controlled, but in no instance
9    upon sites owned or managed by the Department of Natural
10    Resources;
11        (14) Resident hunters who are properly authorized to
12    hunt and, while accompanied by a person who possesses a
13    valid Firearm Owner's Identification Card, hunt in an area
14    within a commercial club licensed under the Wildlife Code
15    where hunting is permitted and controlled; and
16        (15) A person who is otherwise eligible to obtain a
17    Firearm Owner's Identification Card under this Act and is
18    under the direct supervision of a holder of a Firearm
19    Owner's Identification Card who is 21 years of age or
20    older while the person is on a firing or shooting range or
21    is a participant in a firearms safety and training course
22    recognized by a law enforcement agency or a national,
23    statewide shooting sports organization; and
24        (16) Competitive shooting athletes whose competition
25    firearms are sanctioned by the International Olympic
26    Committee, the International Paralympic Committee, the

 

 

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1    International Shooting Sport Federation, or USA Shooting
2    in connection with such athletes' training for and
3    participation in shooting competitions at the 2016 Olympic
4    and Paralympic Games and sanctioned test events leading up
5    to the 2016 Olympic and Paralympic Games.
6    (c) The provisions of this Section regarding the
7acquisition and possession of firearms, firearm ammunition,
8stun guns, and tasers do not apply to law enforcement
9officials of this or any other jurisdiction, while engaged in
10the operation of their official duties.
11    (c-5) The provisions of paragraphs (1) and (2) of
12subsection (a) of this Section regarding the possession of
13firearms and firearm ammunition do not apply to the holder of a
14valid concealed carry license issued under the Firearm
15Concealed Carry Act who is in physical possession of the
16concealed carry license.
17    (d) Any person who becomes a resident of this State, who is
18not otherwise prohibited from obtaining, possessing, or using
19a firearm or firearm ammunition, shall not be required to have
20a Firearm Owner's Identification Card to possess firearms or
21firearms ammunition until 60 calendar days after he or she
22obtains an Illinois driver's license or Illinois
23Identification Card.
24(Source: P.A. 102-538, eff. 8-20-21.)
 
25    (430 ILCS 65/3)  (from Ch. 38, par. 83-3)

 

 

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1    (Text of Section before amendment by P.A. 102-237)
2    Sec. 3. (a) Except as provided in Section 3a, no person may
3knowingly transfer, or cause to be transferred, any firearm,
4firearm ammunition, stun gun, or taser to any person within
5this State unless the transferee with whom he deals displays
6either: (1) a currently valid Firearm Owner's Identification
7Card which has previously been issued in his or her name by the
8Illinois State Police under the provisions of this Act; or (2)
9a currently valid license to carry a concealed firearm which
10has previously been issued in his or her name by the Illinois
11State Police under the Firearm Concealed Carry Act. In
12addition, all firearm, stun gun, and taser transfers by
13federally licensed firearm dealers are subject to Section 3.1.
14    (a-5) Any person who is not a federally licensed firearm
15dealer and who desires to transfer or sell a firearm while that
16person is on the grounds of a gun show must, before selling or
17transferring the firearm, request the Illinois State Police to
18conduct a background check on the prospective recipient of the
19firearm in accordance with Section 3.1.
20    (a-10) Notwithstanding item (2) of subsection (a) of this
21Section, any person who is not a federally licensed firearm
22dealer and who desires to transfer or sell a firearm or
23firearms to any person who is not a federally licensed firearm
24dealer shall, before selling or transferring the firearms,
25contact a federal firearm license dealer under paragraph (1)
26of subsection (a-15) of this Section to conduct the transfer

 

 

10200HB5471sam003- 34 -LRB102 24372 RLC 42574 a

1or the Illinois State Police with the transferee's or
2purchaser's Firearm Owner's Identification Card number to
3determine the validity of the transferee's or purchaser's
4Firearm Owner's Identification Card under State and federal
5law including the National Instant Criminal Background Check
6System. This subsection shall not be effective until July 1,
72023. Until that date the transferor shall contact the
8Illinois State Police with the transferee's or purchaser's
9Firearm Owner's Identification Card number to determine the
10validity of the card January 1, 2014. The Illinois State
11Police may adopt rules concerning the implementation of this
12subsection. The Illinois State Police shall provide the seller
13or transferor an approval number if the purchaser's Firearm
14Owner's Identification Card is valid. Approvals issued by the
15Illinois State Police for the purchase of a firearm pursuant
16to this subsection are valid for 30 days from the date of
17issue.
18    (a-15) The provisions of subsection (a-10) of this Section
19do not apply to:
20        (1) transfers that occur at the place of business of a
21    federally licensed firearm dealer, if the federally
22    licensed firearm dealer conducts a background check on the
23    prospective recipient of the firearm in accordance with
24    Section 3.1 of this Act and follows all other applicable
25    federal, State, and local laws as if he or she were the
26    seller or transferor of the firearm, although the dealer

 

 

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

 

 

10200HB5471sam003- 36 -LRB102 24372 RLC 42574 a

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

 

 

10200HB5471sam003- 37 -LRB102 24372 RLC 42574 a

1firearms are not reported stolen prior to the sale or transfer
2of a firearm under this Section. The Illinois State Police
3shall have the Internet-based system completed and available
4for use by July 1, 2022. The Illinois State Police shall adopt
5rules not inconsistent with this Section to implement this
6system.
7    (b) Any person within this State who transfers or causes
8to be transferred any firearm, stun gun, or taser shall keep a
9record of such transfer for a period of 10 years from the date
10of transfer. Any person within this State who receives any
11firearm, stun gun, or taser pursuant to subsection (a-10)
12shall provide a record of the transfer within 10 days of the
13transfer to a federally licensed firearm dealer and shall not
14be required to maintain a transfer record. The federally
15licensed firearm dealer shall maintain the transfer record for
1620 years from the date of receipt. A federally licensed
17firearm dealer may charge a fee not to exceed $25 to retain the
18record. The record shall be provided and maintained in either
19an electronic or paper format. The federally licensed firearm
20dealer shall not be liable for the accuracy of any information
21in the transfer record submitted pursuant to this Section.
22Such records record shall contain the date of the transfer;
23the description, serial number or other information
24identifying the firearm, stun gun, or taser if no serial
25number is available; and, if the transfer was completed within
26this State, the transferee's Firearm Owner's Identification

 

 

10200HB5471sam003- 38 -LRB102 24372 RLC 42574 a

1Card number and any approval number or documentation provided
2by the Illinois State Police pursuant to subsection (a-10) of
3this Section; if the transfer was not completed within this
4State, the record shall contain the name and address of the
5transferee. On or after January 1, 2006, the record shall
6contain the date of application for transfer of the firearm.
7On demand of a peace officer such transferor shall produce for
8inspection such record of transfer. For any transfer pursuant
9to subsection (a-10) of this Section, on the demand of a peace
10officer, such transferee shall identify the federally licensed
11firearm dealer maintaining the transfer record. If the
12transfer or sale took place at a gun show, the record shall
13include the unique identification number. Failure to record
14the unique identification number or approval number is a petty
15offense. For transfers of a firearm, stun gun, or taser made on
16or after January 18, 2019 (the effective date of Public Act
17100-1178), failure by the private seller to maintain the
18transfer records in accordance with this Section, or failure
19by a transferee pursuant to subsection a-10 of this Section to
20identify the federally licensed firearm dealer maintaining the
21transfer record, is a Class A misdemeanor for the first
22offense and a Class 4 felony for a second or subsequent offense
23occurring within 10 years of the first offense and the second
24offense was committed after conviction of the first offense.
25Whenever any person who has not previously been convicted of
26any violation of subsection (a-5), the court may grant

 

 

10200HB5471sam003- 39 -LRB102 24372 RLC 42574 a

1supervision pursuant to and consistent with the limitations of
2Section 5-6-1 of the Unified Code of Corrections. A transferee
3or transferor shall not be criminally liable under this
4Section provided that he or she provides the Illinois State
5Police with the transfer records in accordance with procedures
6established by the Illinois State Police. The Illinois State
7Police shall establish, by rule, a standard form on its
8website.
9    (b-5) Any resident may purchase ammunition from a person
10within or outside of Illinois if shipment is by United States
11mail or by a private express carrier authorized by federal law
12to ship ammunition. Any resident purchasing ammunition within
13or outside the State of Illinois must provide the seller with a
14copy of his or her valid Firearm Owner's Identification Card
15or valid concealed carry license and either his or her
16Illinois driver's license or Illinois State Identification
17Card prior to the shipment of the ammunition. The ammunition
18may be shipped only to an address on either of those 2
19documents.
20    (c) The provisions of this Section regarding the transfer
21of firearm ammunition shall not apply to those persons
22specified in paragraph (b) of Section 2 of this Act.
23(Source: P.A. 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)
 
24    (Text of Section after amendment by P.A. 102-237)
25    Sec. 3. (a) Except as provided in Section 3a, no person may

 

 

10200HB5471sam003- 40 -LRB102 24372 RLC 42574 a

1knowingly transfer, or cause to be transferred, any firearm,
2firearm ammunition, stun gun, or taser to any person within
3this State unless the transferee with whom he deals displays
4either: (1) a currently valid Firearm Owner's Identification
5Card which has previously been issued in his or her name by the
6Illinois State Police under the provisions of this Act; or (2)
7a currently valid license to carry a concealed firearm which
8has previously been issued in his or her name by the Illinois
9State Police under the Firearm Concealed Carry Act. In
10addition, all firearm, stun gun, and taser transfers by
11federally licensed firearm dealers are subject to Section 3.1.
12    (a-5) Any person who is not a federally licensed firearm
13dealer and who desires to transfer or sell a firearm while that
14person is on the grounds of a gun show must, before selling or
15transferring the firearm, request the Illinois State Police to
16conduct a background check on the prospective recipient of the
17firearm in accordance with Section 3.1.
18    (a-10) Notwithstanding item (2) of subsection (a) of this
19Section, any person who is not a federally licensed firearm
20dealer and who desires to transfer or sell a firearm or
21firearms to any person who is not a federally licensed firearm
22dealer shall, before selling or transferring the firearms,
23contact a federal firearm license dealer under paragraph (1)
24of subsection (a-15) of this Section to conduct the transfer
25or 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 transferee's or purchaser's
2Firearm Owner's Identification Card under State and federal
3law, including the National Instant Criminal Background Check
4System. This subsection shall not be effective until July 1,
52023 January 1, 2024. Until that date the transferor shall
6contact the Illinois State Police with the transferee's or
7purchaser's Firearm Owner's Identification Card number to
8determine the validity of the card. The Illinois State Police
9may adopt rules concerning the implementation of this
10subsection. The Illinois State Police shall provide the seller
11or transferor an approval number if the purchaser's Firearm
12Owner's Identification Card is valid. Approvals issued by the
13Illinois State Police for the purchase of a firearm pursuant
14to this subsection are valid for 30 days from the date of
15issue.
16    (a-15) The provisions of subsection (a-10) of this Section
17do not apply to:
18        (1) transfers that occur at the place of business of a
19    federally licensed firearm dealer, if the federally
20    licensed firearm dealer conducts a background check on the
21    prospective recipient of the firearm in accordance with
22    Section 3.1 of this Act and follows all other applicable
23    federal, State, and local laws as if he or she were the
24    seller or transferor of the firearm, although the dealer
25    is not required to accept the firearm into his or her
26    inventory. The purchaser or transferee may be required by

 

 

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

 

 

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

 

 

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1for use by July 1, 2022. The Illinois State Police shall adopt
2rules not inconsistent with this Section to implement this
3system.
4    (b) Any person within this State who transfers or causes
5to be transferred any firearm, stun gun, or taser shall keep a
6record of such transfer for a period of 10 years from the date
7of transfer. Any person within this State who receives any
8firearm, stun gun, or taser pursuant to subsection (a-10)
9shall provide a record of the transfer within 10 days of the
10transfer to a federally licensed firearm dealer and shall not
11be required to maintain a transfer record. The federally
12licensed firearm dealer shall maintain the transfer record for
1320 years from the date of receipt. A federally licensed
14firearm dealer may charge a fee not to exceed $25 to retain the
15record. The record shall be provided and maintained in either
16an electronic or paper format. The federally licensed firearm
17dealer shall not be liable for the accuracy of any information
18in the transfer record submitted pursuant to this Section.
19Such records shall contain the date of the transfer; the
20description, serial number or other information identifying
21the firearm, stun gun, or taser if no serial number is
22available; and, if the transfer was completed within this
23State, the transferee's Firearm Owner's Identification Card
24number and any approval number or documentation provided by
25the Illinois State Police pursuant to subsection (a-10) of
26this Section; if the transfer was not completed within this

 

 

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1State, the record shall contain the name and address of the
2transferee. On or after January 1, 2006, the record shall
3contain the date of application for transfer of the firearm.
4On demand of a peace officer such transferor shall produce for
5inspection such record of transfer. For any transfer pursuant
6to subsection (a-10) of this Section, on the demand of a peace
7officer, such transferee shall identify the federally licensed
8firearm dealer maintaining the transfer record. If the
9transfer or sale took place at a gun show, the record shall
10include the unique identification number. Failure to record
11the unique identification number or approval number is a petty
12offense. For transfers of a firearm, stun gun, or taser made on
13or after January 18, 2019 (the effective date of Public Act
14100-1178), failure by the private seller to maintain the
15transfer records in accordance with this Section, or failure
16by a transferee pursuant to subsection a-10 of this Section to
17identify the federally licensed firearm dealer maintaining the
18transfer record, is a Class A misdemeanor for the first
19offense and a Class 4 felony for a second or subsequent offense
20occurring within 10 years of the first offense and the second
21offense was committed after conviction of the first offense.
22Whenever any person who has not previously been convicted of
23any violation of subsection (a-5), the court may grant
24supervision pursuant to and consistent with the limitations of
25Section 5-6-1 of the Unified Code of Corrections. A transferee
26or transferor shall not be criminally liable under this

 

 

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1Section provided that he or she provides the Illinois State
2Police with the transfer records in accordance with procedures
3established by the Illinois State Police. The Illinois State
4Police shall establish, by rule, a standard form on its
5website.
6    (b-5) Any resident may purchase ammunition from a person
7within or outside of Illinois if shipment is by United States
8mail or by a private express carrier authorized by federal law
9to ship ammunition. Any resident purchasing ammunition within
10or outside the State of Illinois must provide the seller with a
11copy of his or her valid Firearm Owner's Identification Card
12or valid concealed carry license and either his or her
13Illinois driver's license or Illinois State Identification
14Card prior to the shipment of the ammunition. The ammunition
15may be shipped only to an address on either of those 2
16documents.
17    (c) The provisions of this Section regarding the transfer
18of firearm ammunition shall not apply to those persons
19specified in paragraph (b) of Section 2 of this Act.
20(Source: P.A. 102-237, eff. 1-1-24; 102-538, eff. 8-20-21;
21102-813, eff. 5-13-22.)
 
22    (430 ILCS 65/4)  (from Ch. 38, par. 83-4)
23    Sec. 4. Application for Firearm Owner's Identification
24Cards.
25    (a) Each applicant for a Firearm Owner's Identification

 

 

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1Card must:
2        (1) Submit an application as made available by the
3    Illinois State Police; and
4        (2) Submit evidence to the Illinois State Police that:
5            (i) This subparagraph (i) applies through the
6        180th day following July 12, 2019 (the effective date
7        of Public Act 101-80). He or she is 21 years of age or
8        over, or if he or she is under 21 years of age that he
9        or she has the written consent of his or her parent or
10        legal guardian to possess and acquire firearms and
11        firearm ammunition and that he or she has never been
12        convicted of a misdemeanor other than a traffic
13        offense or adjudged delinquent, provided, however,
14        that such parent or legal guardian is not an
15        individual prohibited from having a Firearm Owner's
16        Identification Card and files an affidavit with the
17        Department as prescribed by the Department stating
18        that he or she is not an individual prohibited from
19        having a Card;
20            (i-5) This subparagraph (i-5) applies on and after
21        the 181st day following July 12, 2019 (the effective
22        date of Public Act 101-80). He or she is 21 years of
23        age or over, or if he or she is under 21 years of age
24        that he or she has never been convicted of a
25        misdemeanor other than a traffic offense or adjudged
26        delinquent and is an active duty member of the United

 

 

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1        States Armed Forces or the Illinois National Guard or
2        has the written consent of his or her parent or legal
3        guardian to possess and acquire firearms and firearm
4        ammunition, provided, however, that such parent or
5        legal guardian is not an individual prohibited from
6        having a Firearm Owner's Identification Card and files
7        an affidavit with the Illinois State Police as
8        prescribed by the Illinois State Police stating that
9        he or she is not an individual prohibited from having a
10        Card or the active duty member of the United States
11        Armed Forces or the Illinois National Guard under 21
12        years of age annually submits proof to the Illinois
13        State Police, in a manner prescribed by the Illinois
14        State Police;
15            (ii) He or she has not been convicted of a felony
16        under the laws of this or any other jurisdiction;
17            (iii) He or she is not addicted to narcotics;
18            (iv) He or she has not been a patient in a mental
19        health facility within the past 5 years or, if he or
20        she has been a patient in a mental health facility more
21        than 5 years ago submit the certification required
22        under subsection (u) of Section 8 of this Act;
23            (v) He or she is not a person with an intellectual
24        disability;
25            (vi) He or she is not a noncitizen who is
26        unlawfully present in the United States under the laws

 

 

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1        of the United States;
2            (vii) He or she is not subject to an existing order
3        of protection prohibiting him or her from possessing a
4        firearm;
5            (viii) He or she has not been convicted within the
6        past 5 years of battery, assault, aggravated assault,
7        violation of an order of protection, or a
8        substantially similar offense in another jurisdiction,
9        in which a firearm was used or possessed;
10            (ix) He or she has not been convicted of domestic
11        battery, aggravated domestic battery, or a
12        substantially similar offense in another jurisdiction
13        committed before, on or after January 1, 2012 (the
14        effective date of Public Act 97-158). If the applicant
15        knowingly and intelligently waives the right to have
16        an offense described in this clause (ix) tried by a
17        jury, and by guilty plea or otherwise, results in a
18        conviction for an offense in which a domestic
19        relationship is not a required element of the offense
20        but in which a determination of the applicability of
21        18 U.S.C. 922(g)(9) is made under Section 112A-11.1 of
22        the Code of Criminal Procedure of 1963, an entry by the
23        court of a judgment of conviction for that offense
24        shall be grounds for denying the issuance of a Firearm
25        Owner's Identification Card under this Section;
26            (x) (Blank);

 

 

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1            (xi) He or she is not a noncitizen who has been
2        admitted to the United States under a non-immigrant
3        visa (as that term is defined in Section 101(a)(26) of
4        the Immigration and Nationality Act (8 U.S.C.
5        1101(a)(26))), or that he or she is a noncitizen who
6        has been lawfully admitted to the United States under
7        a non-immigrant visa if that noncitizen is:
8                (1) admitted to the United States for lawful
9            hunting or sporting purposes;
10                (2) an official representative of a foreign
11            government who is:
12                    (A) accredited to the United States
13                Government or the Government's mission to an
14                international organization having its
15                headquarters in the United States; or
16                    (B) en route to or from another country to
17                which that noncitizen is accredited;
18                (3) an official of a foreign government or
19            distinguished foreign visitor who has been so
20            designated by the Department of State;
21                (4) a foreign law enforcement officer of a
22            friendly foreign government entering the United
23            States on official business; or
24                (5) one who has received a waiver from the
25            Attorney General of the United States pursuant to
26            18 U.S.C. 922(y)(3);

 

 

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1            (xii) He or she is not a minor subject to a
2        petition filed under Section 5-520 of the Juvenile
3        Court Act of 1987 alleging that the minor is a
4        delinquent minor for the commission of an offense that
5        if committed by an adult would be a felony;
6            (xiii) He or she is not an adult who had been
7        adjudicated a delinquent minor under the Juvenile
8        Court Act of 1987 for the commission of an offense that
9        if committed by an adult would be a felony;
10            (xiv) He or she is a resident of the State of
11        Illinois;
12            (xv) He or she has not been adjudicated as a person
13        with a mental disability;
14            (xvi) He or she has not been involuntarily
15        admitted into a mental health facility; and
16            (xvii) He or she is not a person with a
17        developmental disability; and
18        (3) Upon request by the Illinois State Police, sign a
19    release on a form prescribed by the Illinois State Police
20    waiving any right to confidentiality and requesting the
21    disclosure to the Illinois State Police of limited mental
22    health institution admission information from another
23    state, the District of Columbia, any other territory of
24    the United States, or a foreign nation concerning the
25    applicant for the sole purpose of determining whether the
26    applicant is or was a patient in a mental health

 

 

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1    institution and disqualified because of that status from
2    receiving a Firearm Owner's Identification Card. No mental
3    health care or treatment records may be requested. The
4    information received shall be destroyed within one year of
5    receipt.
6    (a-5) Each applicant for a Firearm Owner's Identification
7Card who is over the age of 18 shall furnish to the Illinois
8State Police either his or her Illinois driver's license
9number or Illinois Identification Card number, except as
10provided in subsection (a-10).
11    (a-10) Each applicant for a Firearm Owner's Identification
12Card, who is employed as a law enforcement officer, an armed
13security officer in Illinois, or by the United States Military
14permanently assigned in Illinois and who is not an Illinois
15resident, shall furnish to the Illinois State Police his or
16her driver's license number or state identification card
17number from his or her state of residence. The Illinois State
18Police may adopt rules to enforce the provisions of this
19subsection (a-10).
20    (a-15) If an applicant applying for a Firearm Owner's
21Identification Card moves from the residence address named in
22the application, he or she shall immediately notify in a form
23and manner prescribed by the Illinois State Police of that
24change of address.
25    (a-20) Each applicant for a Firearm Owner's Identification
26Card shall furnish to the Illinois State Police his or her

 

 

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1photograph. An applicant who is 21 years of age or older
2seeking a religious exemption to the photograph requirement
3must furnish with the application an approved copy of United
4States Department of the Treasury Internal Revenue Service
5Form 4029. In lieu of a photograph, an applicant regardless of
6age seeking a religious exemption to the photograph
7requirement shall submit fingerprints on a form and manner
8prescribed by the Illinois State Police with his or her
9application.
10    (a-25) Beginning January 1, 2023, each applicant for the
11issuance of a Firearm Owner's Identification Card may include
12a full set of his or her fingerprints in electronic format to
13the Illinois State Police, unless the applicant has previously
14provided a full set of his or her fingerprints to the Illinois
15State Police under this Act or the Firearm Concealed Carry
16Act.
17    The fingerprints must be transmitted through a live scan
18fingerprint vendor licensed by the Department of Financial and
19Professional Regulation. The fingerprints shall be checked
20against the fingerprint records now and hereafter filed in the
21Illinois State Police and Federal Bureau of Investigation
22criminal history records databases, including all available
23State and local criminal history record information files.
24    The Illinois State Police shall charge applicants a
25one-time fee for conducting the criminal history record check,
26which shall be deposited into the State Police Services Fund

 

 

10200HB5471sam003- 54 -LRB102 24372 RLC 42574 a

1and shall not exceed the actual cost of the State and national
2criminal history record check.
3    (a-26) The Illinois State Police shall research, explore,
4and report to the General Assembly by January 1, 2022 on the
5feasibility of permitting voluntarily submitted fingerprints
6obtained for purposes other than Firearm Owner's
7Identification Card enforcement that are contained in the
8Illinois State Police database for purposes of this Act.
9    (b) Each application form shall include the following
10statement printed in bold type: "Warning: Entering false
11information on an application for a Firearm Owner's
12Identification Card is punishable as a Class 2 felony in
13accordance with subsection (d-5) of Section 14 of the Firearm
14Owners Identification Card Act.".
15    (c) Upon such written consent, pursuant to Section 4,
16paragraph (a)(2)(i), the parent or legal guardian giving the
17consent shall be liable for any damages resulting from the
18applicant's use of firearms or firearm ammunition.
19(Source: P.A. 101-80, eff. 7-12-19; 102-237, eff. 1-1-22;
20102-538, eff. 8-20-21; 102-813, eff. 5-13-22; 102-1030, eff.
215-27-22.)
 
22    (430 ILCS 65/4.1 new)
23    Sec. 4.1. Assault weapon, .50 caliber rifle, assault
24weapon attachment, or .50 caliber cartridge endorsement.
25    (a) The endorsement affidavit form completed pursuant to

 

 

10200HB5471sam003- 55 -LRB102 24372 RLC 42574 a

1Section 24-1.9 of the Criminal Code of 2012 must be executed
2electronically through the individual's Firearm Owner's
3Identification Card account.
4    (b) The Illinois State Police shall adopt rules in
5accordance with this Section for the electronic submission of
6an endorsement affidavit.
7    (c) Entering false information on the endorsement
8affidavit form is a violation of this Act and is also
9punishable as perjury under Section 32-2 of the Criminal Code
10of 2012.
 
11    (430 ILCS 65/8)  (from Ch. 38, par. 83-8)
12    Sec. 8. Grounds for denial and revocation. The Illinois
13State Police has authority to deny an application for or to
14revoke and seize a Firearm Owner's Identification Card
15previously issued under this Act only if the Illinois State
16Police finds that the applicant or the person to whom such card
17was issued is or was at the time of issuance:
18        (a) A person under 21 years of age who has been
19    convicted of a misdemeanor other than a traffic offense or
20    adjudged delinquent;
21        (b) This subsection (b) applies through the 180th day
22    following July 12, 2019 (the effective date of Public Act
23    101-80). A person under 21 years of age who does not have
24    the written consent of his parent or guardian to acquire
25    and possess firearms and firearm ammunition, or whose

 

 

10200HB5471sam003- 56 -LRB102 24372 RLC 42574 a

1    parent or guardian has revoked such written consent, or
2    where such parent or guardian does not qualify to have a
3    Firearm Owner's Identification Card;
4        (b-5) This subsection (b-5) applies on and after the
5    181st day following July 12, 2019 (the effective date of
6    Public Act 101-80). A person under 21 years of age who is
7    not an active duty member of the United States Armed
8    Forces or the Illinois National Guard and does not have
9    the written consent of his or her parent or guardian to
10    acquire and possess firearms and firearm ammunition, or
11    whose parent or guardian has revoked such written consent,
12    or where such parent or guardian does not qualify to have a
13    Firearm Owner's Identification Card;
14        (c) A person convicted of a felony under the laws of
15    this or any other jurisdiction;
16        (d) A person addicted to narcotics;
17        (e) A person who has been a patient of a mental health
18    facility within the past 5 years or a person who has been a
19    patient in a mental health facility more than 5 years ago
20    who has not received the certification required under
21    subsection (u) of this Section. An active law enforcement
22    officer employed by a unit of government or a Department
23    of Corrections employee authorized to possess firearms who
24    is denied, revoked, or has his or her Firearm Owner's
25    Identification Card seized under this subsection (e) may
26    obtain relief as described in subsection (c-5) of Section

 

 

10200HB5471sam003- 57 -LRB102 24372 RLC 42574 a

1    10 of this Act if the officer or employee did not act in a
2    manner threatening to the officer or employee, another
3    person, or the public as determined by the treating
4    clinical psychologist or physician, and the officer or
5    employee seeks mental health treatment;
6        (f) A person whose mental condition is of such a
7    nature that it poses a clear and present danger to the
8    applicant, any other person or persons, or the community;
9        (g) A person who has an intellectual disability;
10        (h) A person who intentionally makes a false statement
11    in the Firearm Owner's Identification Card application or
12    endorsement affidavit;
13        (i) A noncitizen who is unlawfully present in the
14    United States under the laws of the United States;
15        (i-5) A noncitizen who has been admitted to the United
16    States under a non-immigrant visa (as that term is defined
17    in Section 101(a)(26) of the Immigration and Nationality
18    Act (8 U.S.C. 1101(a)(26))), except that this subsection
19    (i-5) does not apply to any noncitizen who has been
20    lawfully admitted to the United States under a
21    non-immigrant visa if that noncitizen is:
22            (1) admitted to the United States for lawful
23        hunting or sporting purposes;
24            (2) an official representative of a foreign
25        government who is:
26                (A) accredited to the United States Government

 

 

10200HB5471sam003- 58 -LRB102 24372 RLC 42574 a

1            or the Government's mission to an international
2            organization having its headquarters in the United
3            States; or
4                (B) en route to or from another country to
5            which that noncitizen is accredited;
6            (3) an official of a foreign government or
7        distinguished foreign visitor who has been so
8        designated by the Department of State;
9            (4) a foreign law enforcement officer of a
10        friendly foreign government entering the United States
11        on official business; or
12            (5) one who has received a waiver from the
13        Attorney General of the United States pursuant to 18
14        U.S.C. 922(y)(3);
15        (j) (Blank);
16        (k) A person who has been convicted within the past 5
17    years of battery, assault, aggravated assault, violation
18    of an order of protection, or a substantially similar
19    offense in another jurisdiction, in which a firearm was
20    used or possessed;
21        (l) A person who has been convicted of domestic
22    battery, aggravated domestic battery, or a substantially
23    similar offense in another jurisdiction committed before,
24    on or after January 1, 2012 (the effective date of Public
25    Act 97-158). If the applicant or person who has been
26    previously issued a Firearm Owner's Identification Card

 

 

10200HB5471sam003- 59 -LRB102 24372 RLC 42574 a

1    under this Act knowingly and intelligently waives the
2    right to have an offense described in this paragraph (l)
3    tried by a jury, and by guilty plea or otherwise, results
4    in a conviction for an offense in which a domestic
5    relationship is not a required element of the offense but
6    in which a determination of the applicability of 18 U.S.C.
7    922(g)(9) is made under Section 112A-11.1 of the Code of
8    Criminal Procedure of 1963, an entry by the court of a
9    judgment of conviction for that offense shall be grounds
10    for denying an application for and for revoking and
11    seizing a Firearm Owner's Identification Card previously
12    issued to the person under this Act;
13        (m) (Blank);
14        (n) A person who is prohibited from acquiring or
15    possessing firearms or firearm ammunition by any Illinois
16    State statute or by federal law;
17        (o) A minor subject to a petition filed under Section
18    5-520 of the Juvenile Court Act of 1987 alleging that the
19    minor is a delinquent minor for the commission of an
20    offense that if committed by an adult would be a felony;
21        (p) An adult who had been adjudicated a delinquent
22    minor under the Juvenile Court Act of 1987 for the
23    commission of an offense that if committed by an adult
24    would be a felony;
25        (q) A person who is not a resident of the State of
26    Illinois, except as provided in subsection (a-10) of

 

 

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

 

 

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1    apply to a person whose firearm possession rights have
2    been restored through administrative or judicial action
3    under Section 10 or 11 of this Act.
4    Upon revocation of a person's Firearm Owner's
5Identification Card, the Illinois State Police shall provide
6notice to the person and the person shall comply with Section
79.5 of this Act.
8(Source: P.A. 101-80, eff. 7-12-19; 102-538, eff. 8-20-21;
9102-645, eff. 1-1-22; 102-813, eff. 5-13-22; 102-1030, eff.
105-27-22.)
 
11    Section 15. The Firearms Restraining Order Act is amended
12by changing Sections 40, 45, and 55 as follows:
 
13    (430 ILCS 67/40)
14    Sec. 40. Plenary Six-month orders.
15    (a) A petitioner may request a 6-month firearms
16restraining order for up to one year by filing an affidavit or
17verified pleading alleging that the respondent poses a
18significant danger of causing personal injury to himself,
19herself, or another in the near future by having in his or her
20custody or control, purchasing, possessing, or receiving a
21firearm, ammunition, and firearm parts that could be assembled
22to make an operable firearm. The petition shall also describe
23the number, types, and locations of any firearms, ammunition,
24and firearm parts that could be assembled to make an operable

 

 

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1firearm presently believed by the petitioner to be possessed
2or controlled by the respondent. The firearms restraining
3order may be renewed for an additional period of up to one year
4in accordance with Section 45 of this Act.
5    (b) If the respondent is alleged to pose a significant
6danger of causing personal injury to an intimate partner, or
7an intimate partner is alleged to have been the target of a
8threat or act of violence by the respondent, the petitioner
9shall make a good faith effort to provide notice to any and all
10intimate partners of the respondent. The notice must include
11the duration of time that the petitioner intends to petition
12the court for a 6-month firearms restraining order, and, if
13the petitioner is a law enforcement officer, referral to
14relevant domestic violence or stalking advocacy or counseling
15resources, if appropriate. The petitioner shall attest to
16having provided the notice in the filed affidavit or verified
17pleading. If, after making a good faith effort, the petitioner
18is unable to provide notice to any or all intimate partners,
19the affidavit or verified pleading should describe what
20efforts were made.
21    (c) Every person who files a petition for a plenary
226-month firearms restraining order, knowing the information
23provided to the court at any hearing or in the affidavit or
24verified pleading to be false, is guilty of perjury under
25Section 32-2 of the Criminal Code of 2012.
26    (d) Upon receipt of a petition for a plenary 6-month

 

 

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1firearms restraining order, the court shall order a hearing
2within 30 days.
3    (e) In determining whether to issue a firearms restraining
4order under this Section, the court shall consider evidence
5including, but not limited to, the following:
6        (1) The unlawful and reckless use, display, or
7    brandishing of a firearm, ammunition, and firearm parts
8    that could be assembled to make an operable firearm by the
9    respondent.
10        (2) The history of use, attempted use, or threatened
11    use of physical force by the respondent against another
12    person.
13        (3) Any prior arrest of the respondent for a felony
14    offense.
15        (4) Evidence of the abuse of controlled substances or
16    alcohol by the respondent.
17        (5) A recent threat of violence or act of violence by
18    the respondent directed toward himself, herself, or
19    another.
20        (6) A violation of an emergency order of protection
21    issued under Section 217 of the Illinois Domestic Violence
22    Act of 1986 or Section 112A-17 of the Code of Criminal
23    Procedure of 1963 or of an order of protection issued
24    under Section 214 of the Illinois Domestic Violence Act of
25    1986 or Section 112A-14 of the Code of Criminal Procedure
26    of 1963.

 

 

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1        (7) A pattern of violent acts or violent threats,
2    including, but not limited to, threats of violence or acts
3    of violence by the respondent directed toward himself,
4    herself, or another.
5    (f) At the hearing, the petitioner shall have the burden
6of proving, by clear and convincing evidence, that the
7respondent poses a significant danger of personal injury to
8himself, herself, or another by having in his or her custody or
9control, purchasing, possessing, or receiving a firearm,
10ammunition, and firearm parts that could be assembled to make
11an operable firearm.
12    (g) If the court finds that there is clear and convincing
13evidence to issue a plenary firearms restraining order, the
14court shall issue a firearms restraining order that shall be
15in effect for up to one year, but not less than 6 months, 6
16months subject to renewal under Section 45 of this Act or
17termination under that Section.
18    (g-5) If the court issues a plenary 6-month firearms
19restraining order, it shall, upon a finding of probable cause
20that the respondent possesses firearms, ammunition, and
21firearm parts that could be assembled to make an operable
22firearm, issue a search warrant directing a law enforcement
23agency to seize the respondent's firearms, ammunition, and
24firearm parts that could be assembled to make an operable
25firearm. The court may, as part of that warrant, direct the law
26enforcement agency to search the respondent's residence and

 

 

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1other places where the court finds there is probable cause to
2believe he or she is likely to possess the firearms,
3ammunition, and firearm parts that could be assembled to make
4an operable firearm. A return of the search warrant shall be
5filed by the law enforcement agency within 4 days thereafter,
6setting forth the time, date, and location that the search
7warrant was executed and what items, if any, were seized.
8    (h) A plenary 6-month firearms restraining order shall
9require:
10        (1) the respondent to refrain from having in his or
11    her custody or control, purchasing, possessing, or
12    receiving additional firearms, ammunition, and firearm
13    parts that could be assembled to make an operable firearm
14    for the duration of the order under Section 8.2 of the
15    Firearm Owners Identification Card Act; and
16        (2) the respondent to comply with Section 9.5 of the
17    Firearm Owners Identification Card Act and subsection (g)
18    of Section 70 of the Firearm Concealed Carry Act.
19    (i) Except as otherwise provided in subsection (i-5) of
20this Section, upon expiration of the period of safekeeping, if
21the firearms, ammunition, and firearm parts that could be
22assembled to make an operable firearm or Firearm Owner's
23Identification Card cannot be returned to the respondent
24because the respondent cannot be located, fails to respond to
25requests to retrieve the firearms, ammunition, and firearm
26parts that could be assembled to make an operable firearm, or

 

 

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

 

 

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1or she shall not transfer the firearm, ammunition, and firearm
2parts that could be assembled to make an operable firearm to
3the respondent or to anyone residing in the same residence as
4the respondent.
5    (i-6) If a person other than the respondent claims title
6to any firearms, ammunition, and firearm parts that could be
7assembled to make an operable firearm surrendered under this
8Section, he or she may petition the court, if the petitioner is
9present in court or has notice of the petition, to have the
10firearm, ammunition, and firearm parts that could be assembled
11to make an operable firearm returned to him or her. If the
12court determines that person to be the lawful owner of the
13firearm, ammunition, and firearm parts that could be assembled
14to make an operable firearm, the firearm, ammunition, and
15firearm parts that could be assembled to make an operable
16firearm shall be returned to him or her, provided that:
17        (1) the firearm, ammunition, and firearm parts that
18    could be assembled to make an operable firearm are removed
19    from the respondent's custody, control, or possession and
20    the lawful owner agrees to store the firearm, ammunition,
21    and firearm parts that could be assembled to make an
22    operable firearm in a manner such that the respondent does
23    not have access to or control of the firearm, ammunition,
24    and firearm parts that could be assembled to make an
25    operable firearm; and
26        (2) the firearm, ammunition, and firearm parts that

 

 

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1    could be assembled to make an operable firearm are not
2    otherwise unlawfully possessed by the owner.
3    The person petitioning for the return of his or her
4firearm, ammunition, and firearm parts that could be assembled
5to make an operable firearm must swear or affirm by affidavit
6that he or she: (i) is the lawful owner of the firearm,
7ammunition, and firearm parts that could be assembled to make
8an operable firearm; (ii) shall not transfer the firearm,
9ammunition, and firearm parts that could be assembled to make
10an operable firearm to the respondent; and (iii) will store
11the firearm, ammunition, and firearm parts that could be
12assembled to make an operable firearm in a manner that the
13respondent does not have access to or control of the firearm,
14ammunition, and firearm parts that could be assembled to make
15an operable firearm.
16    (j) If the court does not issue a firearms restraining
17order at the hearing, the court shall dissolve any emergency
18firearms restraining order then in effect.
19    (k) When the court issues a firearms restraining order
20under this Section, the court shall inform the respondent that
21he or she is entitled to one hearing during the period of the
22order to request a termination of the order, under Section 45
23of this Act, and shall provide the respondent with a form to
24request a hearing.
25(Source: P.A. 101-81, eff. 7-12-19; 102-237, eff. 1-1-22;
26102-345, eff. 6-1-22; 102-538, eff. 8-20-21; 102-813, eff.

 

 

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15-13-22.)
 
2    (430 ILCS 67/45)
3    Sec. 45. Termination and renewal.
4    (a) A person subject to a firearms restraining order
5issued under this Act may submit one written request at any
6time during the effective period of the order for a hearing to
7terminate the order.
8        (1) The respondent shall have the burden of proving by
9    a preponderance of the evidence that the respondent does
10    not pose a danger of causing personal injury to himself,
11    herself, or another in the near future by having in his or
12    her custody or control, purchasing, possessing, or
13    receiving a firearm, ammunition, and firearm parts that
14    could be assembled to make an operable firearm.
15        (2) If the court finds after the hearing that the
16    respondent has met his or her burden, the court shall
17    terminate the order.
18    (b) A petitioner may request a renewal of a firearms
19restraining order at any time within the 3 months before the
20expiration of a firearms restraining order.
21        (1) A court shall, after notice and a hearing, renew a
22    firearms restraining order issued under this part if the
23    petitioner proves, by clear and convincing evidence, that
24    the respondent continues to pose a danger of causing
25    personal injury to himself, herself, or another in the

 

 

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1    near future by having in his or her custody or control,
2    purchasing, possessing, or receiving a firearm,
3    ammunition, and firearm parts that could be assembled to
4    make an operable firearm.
5        (2) In determining whether to renew a firearms
6    restraining order issued under this Act, the court shall
7    consider evidence of the facts identified in subsection
8    (e) of Section 40 of this Act and any other evidence of an
9    increased risk for violence.
10        (3) At the hearing, the petitioner shall have the
11    burden of proving by clear and convincing evidence that
12    the respondent continues to pose a danger of causing
13    personal injury to himself, herself, or another in the
14    near future by having in his or her custody or control,
15    purchasing, possessing, or receiving a firearm,
16    ammunition, and firearm parts that could be assembled to
17    make an operable firearm.
18        (4) The renewal of a firearms restraining order issued
19    under this Section shall be in effect for up to one year
20    and may be renewed for an additional period of up to one
21    year 6 months, subject to termination by further order of
22    the court at a hearing held under this Section and further
23    renewal by further order of the court under this Section.
24(Source: P.A. 101-81, eff. 7-12-19; 102-345, eff. 6-1-22.)
 
25    (430 ILCS 67/55)

 

 

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1    Sec. 55. Data maintenance by law enforcement agencies.
2    (a) All sheriffs shall furnish to the Illinois State
3Police, daily, in the form and detail the Illinois State
4Police Department requires, copies of any recorded firearms
5restraining orders issued by the court, and any foreign orders
6of protection filed by the clerk of the court, and transmitted
7to the sheriff by the clerk of the court under Section 50. Each
8firearms restraining order shall be entered in the Law
9Enforcement Agencies Data System (LEADS) on the same day it is
10issued by the court. If an emergency firearms restraining
11order was issued in accordance with Section 35 of this Act, the
12order shall be entered in the Law Enforcement Agencies Data
13System (LEADS) as soon as possible after receipt from the
14clerk.
15    (b) The Illinois State Police shall maintain a complete
16and systematic record and index of all valid and recorded
17firearms restraining orders issued or filed under this Act.
18The data shall be used to inform all dispatchers and law
19enforcement officers at the scene of a violation of a firearms
20restraining order of the effective dates and terms of any
21recorded order of protection.
22    (c) The data, records, and transmittals required under
23this Section shall pertain to any valid emergency or plenary
246-month firearms restraining order, whether issued in a civil
25or criminal proceeding or authorized under the laws of another
26state, tribe, or United States territory.

 

 

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1(Source: P.A. 101-81, eff. 7-12-19; 102-538, eff. 8-20-21.)
 
2    Section 25. The Criminal Code of 2012 is amended by
3changing Section 24-1 and by adding Sections 24-1.9 and
424-1.10 as follows:
 
5    (720 ILCS 5/24-1)  (from Ch. 38, par. 24-1)
6    Sec. 24-1. Unlawful use of weapons.
7    (a) A person commits the offense of unlawful use of
8weapons when he knowingly:
9        (1) Sells, manufactures, purchases, possesses or
10    carries any bludgeon, black-jack, slung-shot, sand-club,
11    sand-bag, metal knuckles or other knuckle weapon
12    regardless of its composition, throwing star, or any
13    knife, commonly referred to as a switchblade knife, which
14    has a blade that opens automatically by hand pressure
15    applied to a button, spring or other device in the handle
16    of the knife, or a ballistic knife, which is a device that
17    propels a knifelike blade as a projectile by means of a
18    coil spring, elastic material or compressed gas; or
19        (2) Carries or possesses with intent to use the same
20    unlawfully against another, a dagger, dirk, billy,
21    dangerous knife, razor, stiletto, broken bottle or other
22    piece of glass, stun gun or taser or any other dangerous or
23    deadly weapon or instrument of like character; or
24        (2.5) Carries or possesses with intent to use the same

 

 

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1    unlawfully against another, any firearm in a church,
2    synagogue, mosque, or other building, structure, or place
3    used for religious worship; or
4        (3) Carries on or about his person or in any vehicle, a
5    tear gas gun projector or bomb or any object containing
6    noxious liquid gas or substance, other than an object
7    containing a non-lethal noxious liquid gas or substance
8    designed solely for personal defense carried by a person
9    18 years of age or older; or
10        (4) Carries or possesses in any vehicle or concealed
11    on or about his person except when on his land or in his
12    own abode, legal dwelling, or fixed place of business, or
13    on the land or in the legal dwelling of another person as
14    an invitee with that person's permission, any pistol,
15    revolver, stun gun or taser or other firearm, except that
16    this subsection (a) (4) does not apply to or affect
17    transportation of weapons that meet one of the following
18    conditions:
19            (i) are broken down in a non-functioning state; or
20            (ii) are not immediately accessible; or
21            (iii) are unloaded and enclosed in a case, firearm
22        carrying box, shipping box, or other container by a
23        person who has been issued a currently valid Firearm
24        Owner's Identification Card; or
25            (iv) are carried or possessed in accordance with
26        the Firearm Concealed Carry Act by a person who has

 

 

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

 

 

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

 

 

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

 

 

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1    to render him incapable of normal functioning or (ii) any
2    device which is powered by electrical charging units, such
3    as batteries, and which, upon contact with a human or
4    clothing worn by a human, can send out current capable of
5    disrupting the person's nervous system in such a manner as
6    to render him incapable of normal functioning; or
7        (11) Sells, manufactures, delivers, imports,
8    possesses, or purchases any assault weapon attachment or
9    .50 caliber cartridge in violation of Section 24-1.9 or
10    any explosive bullet. For purposes of this paragraph (a)
11    "explosive bullet" means the projectile portion of an
12    ammunition cartridge which contains or carries an
13    explosive charge which will explode upon contact with the
14    flesh of a human or an animal. "Cartridge" means a tubular
15    metal case having a projectile affixed at the front
16    thereof and a cap or primer at the rear end thereof, with
17    the propellant contained in such tube between the
18    projectile and the cap; or
19        (12) (Blank); or
20        (13) Carries or possesses on or about his or her
21    person while in a building occupied by a unit of
22    government, a billy club, other weapon of like character,
23    or other instrument of like character intended for use as
24    a weapon. For the purposes of this Section, "billy club"
25    means a short stick or club commonly carried by police
26    officers which is either telescopic or constructed of a

 

 

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1    solid piece of wood or other man-made material; or
2        (14) Manufactures, possesses, sells, or offers to
3    sell, purchase, manufacture, import, transfer, or use any
4    device, part, kit, tool, accessory, or combination of
5    parts that is designed to and functions to increase the
6    rate of fire of a semiautomatic firearm above the standard
7    rate of fire for semiautomatic firearms that is not
8    equipped with that device, part, or combination of parts;
9    or
10        (15) Carries or possesses any assault weapon or .50
11    caliber rifle in violation of Section 24-1.9; or
12        (16) Manufactures, sells, delivers, imports, or
13    purchases any assault weapon or .50 caliber rifle in
14    violation of Section 24-1.9.
15    (b) Sentence. A person convicted of a violation of
16subsection 24-1(a)(1) through (5), subsection 24-1(a)(10),
17subsection 24-1(a)(11), or subsection 24-1(a)(13), or
1824-1(a)(15) commits a Class A misdemeanor. A person convicted
19of a violation of subsection 24-1(a)(8) or 24-1(a)(9) commits
20a Class 4 felony; a person convicted of a violation of
21subsection 24-1(a)(6), or 24-1(a)(7)(ii), 24-1(a)(7)(iii), or
2224-1(a)(16) or (iii) commits a Class 3 felony. A person
23convicted of a violation of subsection 24-1(a)(7)(i) commits a
24Class 2 felony and shall be sentenced to a term of imprisonment
25of not less than 3 years and not more than 7 years, unless the
26weapon is possessed in the passenger compartment of a motor

 

 

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1vehicle as defined in Section 1-146 of the Illinois Vehicle
2Code, or on the person, while the weapon is loaded, in which
3case it shall be a Class X felony. A person convicted of a
4second or subsequent violation of subsection 24-1(a)(4),
524-1(a)(8), 24-1(a)(9), or 24-1(a)(10), or 24-1(a)(15)
6commits a Class 3 felony. A person convicted of a violation of
7subsection 24-1(a)(2.5) or 24-1(a)(14) commits a Class 2
8felony. The possession of each weapon or device in violation
9of this Section constitutes a single and separate violation.
10    (c) Violations in specific places.
11        (1) A person who violates subsection 24-1(a)(6) or
12    24-1(a)(7) in any school, regardless of the time of day or
13    the time of year, in residential property owned, operated
14    or managed by a public housing agency or leased by a public
15    housing agency as part of a scattered site or mixed-income
16    development, in a public park, in a courthouse, on the
17    real property comprising any school, regardless of the
18    time of day or the time of year, on residential property
19    owned, operated or managed by a public housing agency or
20    leased by a public housing agency as part of a scattered
21    site or mixed-income development, on the real property
22    comprising any public park, on the real property
23    comprising any courthouse, in any conveyance owned, leased
24    or contracted by a school to transport students to or from
25    school or a school related activity, in any conveyance
26    owned, leased, or contracted by a public transportation

 

 

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

 

 

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

 

 

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1    as part of a scattered site or mixed-income development
2    commits a Class 4 felony. "Courthouse" means any building
3    that is used by the Circuit, Appellate, or Supreme Court
4    of this State for the conduct of official business.
5        (3) Paragraphs (1), (1.5), and (2) of this subsection
6    (c) shall not apply to law enforcement officers or
7    security officers of such school, college, or university
8    or to students carrying or possessing firearms for use in
9    training courses, parades, hunting, target shooting on
10    school ranges, or otherwise with the consent of school
11    authorities and which firearms are transported unloaded
12    enclosed in a suitable case, box, or transportation
13    package.
14        (4) For the purposes of this subsection (c), "school"
15    means any public or private elementary or secondary
16    school, community college, college, or university.
17        (5) For the purposes of this subsection (c), "public
18    transportation agency" means a public or private agency
19    that provides for the transportation or conveyance of
20    persons by means available to the general public, except
21    for transportation by automobiles not used for conveyance
22    of the general public as passengers; and "public
23    transportation facility" means a terminal or other place
24    where one may obtain public transportation.
25    (d) The presence in an automobile other than a public
26omnibus of any weapon, instrument or substance referred to in

 

 

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1subsection (a)(7) is prima facie evidence that it is in the
2possession of, and is being carried by, all persons occupying
3such automobile at the time such weapon, instrument or
4substance is found, except under the following circumstances:
5(i) if such weapon, instrument or instrumentality is found
6upon the person of one of the occupants therein; or (ii) if
7such weapon, instrument or substance is found in an automobile
8operated for hire by a duly licensed driver in the due, lawful
9and proper pursuit of his or her trade, then such presumption
10shall not apply to the driver.
11    (e) Exemptions.
12        (1) Crossbows, Common or Compound bows and Underwater
13    Spearguns are exempted from the definition of ballistic
14    knife as defined in paragraph (1) of subsection (a) of
15    this Section.
16        (2) The provision of paragraph (1) of subsection (a)
17    of this Section prohibiting the sale, manufacture,
18    purchase, possession, or carrying of any knife, commonly
19    referred to as a switchblade knife, which has a blade that
20    opens automatically by hand pressure applied to a button,
21    spring or other device in the handle of the knife, does not
22    apply to a person who possesses a currently valid Firearm
23    Owner's Identification Card previously issued in his or
24    her name by the Illinois State Police or to a person or an
25    entity engaged in the business of selling or manufacturing
26    switchblade knives.

 

 

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1(Source: P.A. 101-223, eff. 1-1-20; 102-538, eff. 8-20-21.)
 
2    (720 ILCS 5/24-1.9 new)
3    Sec. 24-1.9. Manufacture, possession, delivery, sale, and
4purchase of assault weapons, .50 caliber rifles, and .50
5caliber cartridges.
6    (a) Definitions. In this Section:
7    (1) "Assault weapon" means any of the following, except as
8provided in subdivision (2) of this subsection:
9        (A) A semiautomatic rifle that has the capacity to
10    accept a detachable magazine or that may be readily
11    modified to accept a detachable magazine, if the firearm
12    has one or more of the following:
13            (i) a pistol grip or thumbhole stock;
14            (ii) any feature capable of functioning as a
15        protruding grip that can be held by the non-trigger
16        hand;
17            (iii) a folding, telescoping, thumbhole, or
18        detachable stock, or a stock that is otherwise
19        foldable or adjustable in a manner that operates to
20        reduce the length, size, or any other dimension, or
21        otherwise enhances the concealability of, the weapon;
22            (iv) a flash suppressor;
23            (v) a grenade launcher;
24            (vi) a shroud attached to the barrel or that
25        partially or completely encircles the barrel, allowing

 

 

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

 

 

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1        designed or redesigned to allow or facilitate a
2        firearm to be fired from the shoulder.
3        (D) A semiautomatic pistol that has a fixed magazine
4    with the capacity to accept more than 15 rounds.
5        (E) Any shotgun with a revolving cylinder.
6        (F) A semiautomatic shotgun that has one or more of
7    the following:
8            (i) a pistol grip or thumbhole stock;
9            (ii) any feature capable of functioning as a
10        protruding grip that can be held by the non-trigger
11        hand;
12            (iii) a folding or thumbhole stock;
13            (iv) a grenade launcher;
14            (v) a fixed magazine with the capacity of more
15        than 5 rounds; or
16            (vi) the capacity to accept a detachable magazine.
17        (G) Any semiautomatic firearm that has the capacity to
18    accept a belt ammunition feeding device.
19        (H) Any firearm that has been modified to be operable
20    as an assault weapon as defined in this Section.
21        (I) Any part or combination of parts designed or
22    intended to convert a firearm into an assault weapon,
23    including any combination of parts from which an assault
24    weapon may be readily assembled if those parts are in the
25    possession or under the control of the same person.
26        (J) All of the following rifles, copies, duplicates,

 

 

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1    variants, or altered facsimiles with the capability of any
2    such weapon:
3            (i) All AK types, including the following:
4                (I) AK, AK47, AK47S, AK74, AKM, AKS, ARM,
5            MAK90, MISR, NHM90, NHM91, SA85, SA93, Vector Arms
6            AK47, VEPR, WASR10, and WUM.
7                (II) IZHMASH Saiga AK.
8                (III) MAADI AK47 and ARM.
9                (IV) Norinco 56S, 56S2, 84S, and 86S.
10                (V) Poly Technologies AK47 and AKS.
11                (VI) SKS with a detachable magazine.
12            (ii) all AR types, including the following:
13                (I) AR10.
14                (II) AR15.
15                (III) Alexander Arms Overmatch Plus 16.
16                (IV) Armalite M15 22LR Carbine.
17                (V) Armalite M15T.
18                (VI) Barrett REC7.
19                (VII) Beretta AR70.
20                (VIII) Black Rain Ordnance Recon Scout.
21                (IX) Bushmaster ACR.
22                (X) Bushmaster Carbon 15.
23                (XI) Bushmaster MOE series.
24                (XII) Bushmaster XM15.
25                (XIII) Chiappa Firearms MFour rifles.
26                (XIV) Colt Match Target rifles.

 

 

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1                (XV) CORE Rifle Systems CORE15 rifles.
2                (XVI) Daniel Defense M4A1 rifles.
3                (XVII) Devil Dog Arms 15 Series rifles.
4                (XVIII) Diamondback DB15 rifles.
5                (XIX) DoubleStar AR rifles.
6                (XX) DPMS Tactical rifles.
7                (XXI) DSA Inc. ZM4 Carbine.
8                (XXII) Heckler & Koch MR556.
9                (XXIII) High Standard HSA15 rifles.
10                (XXIV) Jesse James Nomad AR15 rifle.
11                (XXV) Knight's Armament SR15.
12                (XXVI) Lancer L15 rifles.
13                (XXVII) MGI Hydra Series rifles.
14                (XXVIII) Mossberg MMR Tactical rifles.
15                (XXIX) Noreen Firearms BN 36 rifle.
16                (XXX) Olympic Arms.
17                (XXXI) POF USA P415.
18                (XXXII) Precision Firearms AR rifles.
19                (XXXIII) Remington R15 rifles.
20                (XXXIV) Rhino Arms AR rifles.
21                (XXXV) Rock River Arms LAR15 or Rock River
22            Arms LAR47.
23                (XXXVI) Sig Sauer SIG516 rifles and MCX
24            rifles.
25                (XXXVII) Smith & Wesson M&P15 rifles.
26                (XXXVIII) Stag Arms AR rifles.

 

 

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1                (XXXIX) Sturm, Ruger & Co. SR556 and AR556
2            rifles.
3                (XL) Uselton Arms Air-Lite M4 rifles.
4                (XLI) Windham Weaponry AR rifles.
5                (XLII) WMD Guns Big Beast.
6                (XLIII) Yankee Hill Machine Company, Inc.
7            YHM15 rifles.
8            (iii) Barrett M107A1.
9            (iv) Barrett M82A1.
10            (v) Beretta CX4 Storm.
11            (vi) Calico Liberty Series.
12            (vii) CETME Sporter.
13            (viii) Daewoo K1, K2, Max 1, Max 2, AR 100, and
14        AR 110C.
15            (ix) Fabrique Nationale/FN Herstal FAL, LAR, 22
16        FNC, 308 Match, L1A1 Sporter, PS90, SCAR, and FS2000.
17            (x) Feather Industries AT9.
18            (xi) Galil Model AR and Model ARM.
19            (xii) Hi-Point Carbine.
20            (xiii) HK91, HK93, HK94, HKPSG1, and HK USC.
21            (xiv) IWI TAVOR, Galil ACE rifle.
22            (xv) Kel-Tec Sub-2000, SU16, and RFB.
23            (xvi) SIG AMT, SIG PE57, Sig Sauer SG 550, Sig
24        Sauer SG 551, and SIG MCX.
25            (xvii) Springfield Armory SAR48.
26            (xviii) Steyr AUG.

 

 

10200HB5471sam003- 90 -LRB102 24372 RLC 42574 a

1            (xix) Sturm, Ruger & Co. Mini-14 Tactical Rifle
2        M14/20CF.
3            (xx) All Thompson rifles, including the following:
4                (I) Thompson M1SB.
5                (II) Thompson T1100D.
6                (III) Thompson T150D.
7                (IV) Thompson T1B.
8                (V) Thompson T1B100D.
9                (VI) Thompson T1B50D.
10                (VII) Thompson T1BSB.
11                (VIII) Thompson T1C.
12                (IX) Thompson T1D.
13                (X) Thompson T1SB.
14                (XI) Thompson T5.
15                (XII) Thompson T5100D.
16                (XIII) Thompson TM1.
17                (XIV) Thompson TM1C.
18            (xxi) UMAREX UZI rifle.
19            (xxii) UZI Mini Carbine, UZI Model A Carbine, and
20        UZI Model B Carbine.
21            (xxiii) Valmet M62S, M71S, and M78.
22            (xxiv) Vector Arms UZI Type.
23            (xxv) Weaver Arms Nighthawk.
24            (xxvi) Wilkinson Arms Linda Carbine.
25        (K) All of the following pistols, copies, duplicates,
26    variants, or altered facsimiles with the capability of any

 

 

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1    such weapon thereof:
2            (i) All AK types, including the following:
3                (I) Centurion 39 AK pistol.
4                (II) CZ Scorpion pistol.
5                (III) Draco AK47 pistol.
6                (IV) HCR AK47 pistol.
7                (V) IO Inc. Hellpup AK47 pistol.
8                (VI) Krinkov pistol.
9                (VII) Mini Draco AK47 pistol.
10                (VIII) PAP M92 pistol.
11                (IX) Yugo Krebs Krink pistol.
12            (ii) All AR types, including the following:
13                (I) American Spirit AR15 pistol.
14                (II) Bushmaster Carbon 15 pistol.
15                (III) Chiappa Firearms M4 Pistol GEN II.
16                (IV) CORE Rifle Systems CORE15 Roscoe pistol.
17                (V) Daniel Defense MK18 pistol.
18                (VI) DoubleStar Corporation AR pistol.
19                (VII) DPMS AR15 pistol.
20                (VIII) Jesse James Nomad AR15 pistol.
21                (IX) Olympic Arms AR15 pistol.
22                (X) Osprey Armament MK18 pistol.
23                (XI) POF USA AR pistols.
24                (XII) Rock River Arms LAR 15 pistol.
25                (XIII) Uselton Arms Air-Lite M4 pistol.
26            (iii) Calico pistols.

 

 

10200HB5471sam003- 92 -LRB102 24372 RLC 42574 a

1            (iv) DSA SA58 PKP FAL pistol.
2            (v) Encom MP9 and MP45.
3            (vi) Heckler & Koch model SP89 pistol.
4            (vii) Intratec AB10, TEC22 Scorpion, TEC9, and
5        TECDC9.
6            (viii) IWI Galil Ace pistol, UZI PRO pistol.
7            (ix) Kel-Tec PLR 16 pistol.
8            (x) All MAC types, including the following:
9                (I) MAC10.
10                (II) MAC11.
11                (III) Masterpiece Arms MPA A930 Mini Pistol,
12            MPA460 Pistol, MPA Tactical Pistol, and MPA Mini
13            Tactical Pistol.
14                (IV) Military Armament Corp. Ingram M11.
15                (V) Velocity Arms VMAC.
16            (xi) Sig Sauer P556 pistol.
17            (xii) Sites Spectre.
18            (xiii) All Thompson types, including the
19        following:
20                (I) Thompson TA510D.
21                (II) Thompson TA5.
22            (xiv) All UZI types, including Micro-UZI.
23        (L) All of the following shotguns, copies, duplicates,
24    variants, or altered facsimiles with the capability of any
25    such weapon thereof:
26            (i) DERYA Anakon MC1980, Anakon SD12.

 

 

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1            (ii) Doruk Lethal shotguns.
2            (iii) Franchi LAW12 and SPAS 12.
3            (iv) All IZHMASH Saiga 12 types, including the
4        following:
5                (I) IZHMASH Saiga 12.
6                (II) IZHMASH Saiga 12S.
7                (III) IZHMASH Saiga 12S EXP01.
8                (IV) IZHMASH Saiga 12K.
9                (V) IZHMASH Saiga 12K030.
10                (VI) IZHMASH Saiga 12K040 Taktika.
11            (v) Streetsweeper.
12            (vi) Striker 12.
13    (2) "Assault weapon" does not include:
14        (A) Any firearm that is an unserviceable firearm or
15    has been made permanently inoperable.
16        (B) An antique firearm or a replica of an antique
17    firearm.
18        (C) A firearm that is manually operated by bolt, pump,
19    lever or slide action, unless the firearm is a shotgun
20    with a revolving cylinder.
21        (D) Any air rifle as defined in Section 24.8-0.1 of
22    this Code.
23        (E) Any handgun, as defined under the Firearm
24    Concealed Carry Act, unless otherwise listed in this
25    Section.
26    (3) "Assault weapon attachment" means any device capable

 

 

10200HB5471sam003- 94 -LRB102 24372 RLC 42574 a

1of being attached to a firearm that is specifically designed
2for making or converting a firearm into any of the firearms
3listed in paragraph (1) of this subsection (a).
4    (4) "Antique firearm" has the meaning ascribed to it in 18
5U.S.C. 921(a)(16).
6    (5) ".50 caliber rifle" means a centerfire rifle capable
7of firing a .50 caliber cartridge. The term does not include
8any antique firearm, any shotgun including a shotgun that has
9a rifle barrel, or any muzzle-loader which uses black powder
10for hunting or historical reenactments.
11    (6) ".50 caliber cartridge" means a cartridge in .50 BMG
12caliber, either by designation or actual measurement, that is
13capable of being fired from a centerfire rifle. The term ".50
14caliber cartridge" does not include any memorabilia or display
15item that is filled with a permanent inert substance or that is
16otherwise permanently altered in a manner that prevents ready
17modification for use as live ammunition or shotgun ammunition
18with a caliber measurement that is equal to or greater than .50
19caliber.
20    (7) "Detachable magazine" means an ammunition feeding
21device that may be removed from a firearm without disassembly
22of the firearm action, including an ammunition feeding device
23that may be readily removed from a firearm with the use of a
24bullet, cartridge, accessory, or other tool, or any other
25object that functions as a tool, including a bullet or
26cartridge.

 

 

10200HB5471sam003- 95 -LRB102 24372 RLC 42574 a

1    (8) "Fixed magazine" means an ammunition feeding device
2that is permanently attached to a firearm, or contained in and
3not removable from a firearm, or that is otherwise not a
4detachable magazine, but does not include an attached tubular
5device designed to accept, and capable of operating only with,
6.22 caliber rimfire ammunition.
7    (b) Except as provided in subsections (c), (d), and (e),
8on or after the effective date of this amendatory Act of the
9102nd General Assembly, it is unlawful for any person within
10this State to knowingly manufacture, deliver, sell, import, or
11purchase or cause to be manufactured, delivered, sold,
12imported, or purchased by another, an assault weapon, assault
13weapon attachment, .50 caliber rifle, or .50 caliber
14cartridge.
15    (c) Except as otherwise provided in subsection (d),
16beginning January 1, 2024, it is unlawful for any person
17within this State to knowingly possess an assault weapon,
18assault weapon attachment, .50 caliber rifle, or .50 caliber
19cartridge.
20    (d) This Section does not apply to a person's possession
21of an assault weapon, assault weapon attachment, .50 caliber
22rifle, or .50 caliber cartridge device if the person lawfully
23possessed that assault weapon, assault weapon attachment, .50
24caliber rifle, or .50 caliber cartridge prohibited by
25subsection (c) of this Section, if the person has provided in
26an endorsement affidavit, prior to January 1, 2024, under oath

 

 

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1or affirmation and in the form and manner prescribed by the
2Illinois State Police, no later than October 1, 2023:
3        (1) the affiant's Firearm Owner's Identification Card
4    number;
5        (2) an affirmation that the affiant: (i) possessed an
6    assault weapon, assault weapon attachment, .50 caliber
7    rifle, or .50 caliber cartridge before the effective date
8    of this amendatory Act of the 102nd General Assembly; or
9    (ii) inherited the assault weapon, assault weapon
10    attachment, .50 caliber rifle, or .50 caliber cartridge
11    from a person with an endorsement under this Section or
12    from a person authorized under subdivisions (1) through
13    (5) of subsection (e) to possess the assault weapon,
14    assault weapon attachment, .50 caliber rifle, or .50
15    caliber cartridge; and
16        (3) the make, model, caliber, and serial number of the
17    .50 caliber rifle or assault weapon or assault weapons
18    listed in paragraphs (J), (K), and (L) of subdivision (1)
19    of subsection (a) of this Section possessed by the affiant
20    prior to the effective date of this amendatory Act of the
21    102nd General Assembly and any assault weapons identified
22    and published by the Illinois State Police pursuant to
23    this subdivision (3). No later than October 1, 2023, and
24    every October 1 thereafter, the Illinois State Police
25    shall, via rulemaking, identify, publish, and make
26    available on its website, the list of assault weapons

 

 

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1    subject to an endorsement affidavit under this subsection
2    (d). The list shall identify, but is not limited to, the
3    copies, duplicates, variants, and altered facsimiles of
4    the assault weapons identified in paragraphs (J), (K), and
5    (L) of subdivision (1) of subsection (a) of this Section
6    and shall be consistent with the definition of "assault
7    weapon" identified in this Section. The Illinois State
8    Police may adopt emergency rulemaking in accordance with
9    Section 5-45 of the Illinois Administrative Procedure Act.
10    The adoption of emergency rules authorized by Section 5-45
11    of the Illinois Administrative Procedure Act and this
12    paragraph is deemed to be necessary for the public
13    interest, safety, and welfare.
14    The affidavit form shall include the following statement
15printed in bold type: "Warning: Entering false information on
16this form is punishable as perjury under Section 32-2 of the
17Criminal Code of 2012. Entering false information on this form
18is a violation of the Firearm Owners Identification Card Act."
19    In any administrative, civil, or criminal proceeding in
20this State, a completed endorsement affidavit submitted to the
21Illinois State Police by a person under this Section creates a
22rebuttable presumption that the person is entitled to possess
23and transport the assault weapon, assault weapon attachment,
24.50 caliber rifle, or .50 caliber cartridge.
25    Beginning 90 days after the effective date of this
26amendatory Act of the 102nd General Assembly, a person

 

 

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1authorized under this Section to possess an assault weapon,
2assault weapon attachment, .50 caliber rifle, or .50 caliber
3cartridge shall possess such items only:
4        (1) on private property owned or immediately
5    controlled by the person;
6        (2) on private property that is not open to the public
7    with the express permission of the person who owns or
8    immediately controls such property;
9        (3) while on the premises of a licensed firearms
10    dealer or gunsmith for the purpose of lawful repair;
11        (4) while engaged in the legal use of the assault
12    weapon, assault weapon attachment, .50 caliber rifle, or
13    .50 caliber cartridge at a properly licensed firing range
14    or sport shooting competition venue; or
15        (5) while traveling to or from these locations,
16    provided that the assault weapon, assault weapon
17    attachment, or .50 caliber rifle is unloaded and the
18    assault weapon, assault weapon attachment, .50 caliber
19    rifle, or .50 caliber cartridge is enclosed in a case,
20    firearm carrying box, shipping box, or other container.
21    Beginning on January 1, 2024, the person with the
22endorsement for an assault weapon, assault weapon attachment,
23.50 caliber rifle, or .50 caliber cartridge or a person
24authorized under subdivisions (1) through (5) of subsection
25(e) to possess an assault weapon, assault weapon attachment,
26.50 caliber rifle, or .50 caliber cartridge may transfer the

 

 

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1assault weapon, assault weapon attachment, .50 caliber rifle,
2or .50 caliber cartridge only to an heir, an individual
3residing in another state maintaining it in another state, or
4a dealer licensed as a federal firearms dealer under Section
5923 of the federal Gun Control Act of 1968. Within 10 days
6after transfer of the weapon except to an heir, the person
7shall notify the Illinois State Police of the name and address
8of the transferee and comply with the requirements of
9subsection (b) of Section 3 of the Firearm Owners
10Identification Card Act. The person to whom the weapon or
11ammunition is transferred shall, within 60 days of the
12transfer, complete an affidavit required under this Section. A
13person to whom the weapon is transferred may transfer it only
14as provided in this subsection.
15    Except as provided in subsection (e) and beginning on
16January 1, 2024, any person who moves into this State in
17possession of an assault weapon, assault weapon attachment,
18.50 caliber rifle, or .50 caliber cartridge shall, within 60
19days, apply for a Firearm Owners Identification Card and
20complete an endorsement application as outlined in subsection
21(d).
22    Notwithstanding any other law, information contained in
23the endorsement affidavit shall be confidential, is exempt
24from disclosure under the Freedom of Information Act, and
25shall not be disclosed, except to law enforcement agencies
26acting in the performance of their duties.

 

 

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1    (e) The provisions of this Section regarding the purchase
2or possession of assault weapons, assault weapon attachments,
3.50 caliber rifles, and .50 cartridges, as well as the
4provisions of this Section that prohibit causing those items
5to be purchased or possessed, do not apply to:
6        (1) Peace officers, as defined in Section 2-13 of this
7    Code.
8        (2) Qualified law enforcement officers and qualified
9    retired law enforcement officers as defined in the Law
10    Enforcement Officers Safety Act of 2004 (18 U.S.C. 926B
11    and 926C) and as recognized under Illinois law.
12        (3) Acquisition and possession by a federal, State, or
13    local law enforcement agency for the purpose of equipping
14    the agency's peace officers as defined in paragraph (1) or
15    (2) of this subsection (e).
16        (4) Wardens, superintendents, and keepers of prisons,
17    penitentiaries, jails, and other institutions for the
18    detention of persons accused or convicted of an offense.
19        (5) Members of the Armed Services or Reserve Forces of
20    the United States or the Illinois National Guard, while
21    performing their official duties or while traveling to or
22    from their places of duty.
23        (6) Any company that employs armed security officers
24    in this State at a nuclear energy, storage, weapons, or
25    development site or facility regulated by the federal
26    Nuclear Regulatory Commission and any person employed as

 

 

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1    an armed security force member at a nuclear energy,
2    storage, weapons, or development site or facility
3    regulated by the federal Nuclear Regulatory Commission who
4    has completed the background screening and training
5    mandated by the rules and regulations of the federal
6    Nuclear Regulatory Commission and while performing
7    official duties.
8        (7) Any private security contractor agency licensed
9    under the Private Detective, Private Alarm, Private
10    Security, Fingerprint Vendor, and Locksmith Act of 2004
11    that employs private security contractors and any private
12    security contractor who is licensed and has been issued a
13    firearm control card under the Private Detective, Private
14    Alarm, Private Security, Fingerprint Vendor, and Locksmith
15    Act of 2004 while performing official duties.
16    The provisions of this Section do not apply to the
17manufacture, delivery, sale, import, purchase, or possession
18of an assault weapon, assault weapon attachment, .50 caliber
19rifle, or .50 caliber cartridge or causing the manufacture,
20delivery, sale, importation, purchase, or possession of those
21items:
22        (A) for sale or transfer to persons authorized under
23    subdivisions (1) through (6) of this subsection (e) to
24    possess those items;
25        (B) for sale or transfer to the United States or any
26    department or agency thereof; or

 

 

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1        (C) for sale or transfer in another state or for
2    export.
3    This Section does not apply to or affect any of the
4following:
5        (i) Possession of any firearm if that firearm is
6    sanctioned by the International Olympic Committee and by
7    USA Shooting, the national governing body for
8    international shooting competition in the United States,
9    but only when the firearm is in the actual possession of an
10    Olympic target shooting competitor or target shooting
11    coach for the purpose of storage, transporting to and from
12    Olympic target shooting practice or events if the firearm
13    is broken down in a nonfunctioning state, is not
14    immediately accessible, or is unloaded and enclosed in a
15    firearm case, carrying box, shipping box, or other similar
16    portable container designed for the safe transportation of
17    firearms, and when the Olympic target shooting competitor
18    or target shooting coach is engaging in those practices or
19    events. For the purposes of this paragraph (8), "firearm"
20    has the meaning provided in Section 1.1 of the Firearm
21    Owners Identification Card Act.
22        (ii) Any nonresident who transports, within 24 hours,
23    a weapon for any lawful purpose from any place where the
24    nonresident may lawfully possess and carry that weapon to
25    any other place where the nonresident may lawfully possess
26    and carry that weapon if, during the transportation, the

 

 

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1    weapon is unloaded, and neither the weapon nor any
2    ammunition being transported is readily accessible or is
3    directly accessible from the passenger compartment of the
4    transporting vehicle. In the case of a vehicle without a
5    compartment separate from the driver's compartment, the
6    weapon or ammunition shall be contained in a locked
7    container other than the glove compartment or console.
8        (iii) Possession of a weapon at an event taking place
9    at the World Shooting and Recreational Complex at Sparta,
10    only while engaged in the legal use of the weapon, or while
11    traveling to or from that location if the weapon is broken
12    down in a nonfunctioning state, is not immediately
13    accessible, or is unloaded and enclosed in a firearm case,
14    carrying box, shipping box, or other similar portable
15    container designed for the safe transportation of
16    firearms.
17        (iv) Possession of a weapon only for hunting use
18    expressly permitted under the Wildlife Code, or while
19    traveling to or from a location authorized for this
20    hunting use under the Wildlife Code if the weapon is
21    broken down in a nonfunctioning state, is not immediately
22    accessible, or is unloaded and enclosed in a firearm case,
23    carrying box, shipping box, or other similar portable
24    container designed for the safe transportation of
25    firearms. By October 1, 2023, the Illinois State Police,
26    in consultation with the Department of Natural Resources,

 

 

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1    shall adopt rules concerning the list of applicable
2    weapons approved under this subparagraph (iv). The
3    Illinois State Police may adopt emergency rules in
4    accordance with Section 5-45 of the Illinois
5    Administrative Procedure Act. The adoption of emergency
6    rules authorized by Section 5-45 of the Illinois
7    Administrative Procedure Act and this paragraph is deemed
8    to be necessary for the public interest, safety, and
9    welfare.
10        (v) The manufacture, transportation, possession, sale,
11    or rental of blank-firing assault weapons and .50 caliber
12    rifles, or the weapon's respective attachments, to persons
13    authorized or permitted, or both authorized and permitted,
14    to acquire and possess these weapons or attachments for
15    the purpose of rental for use solely as props for a motion
16    picture, television, or video production or entertainment
17    event.
18    Any person not subject to this Section may submit an
19endorsement affidavit if the person chooses.
20    (f) Any sale or transfer with a background check initiated
21to the Illinois State Police on or before the effective date of
22this amendatory Act of the 102nd General Assembly is allowed
23to be completed after the effective date of this amendatory
24Act once an approval is issued by the Illinois State Police and
25any applicable waiting period under Section 24-3 has expired.
26    (g) The Illinois State Police shall take all steps

 

 

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1necessary to carry out the requirements of this Section within
2by October 1, 2023.
3    (h) The Department of the State Police shall also develop
4and implement a public notice and public outreach campaign to
5promote awareness about the provisions of this amendatory Act
6of the 102nd General Assembly and to increase compliance with
7this Section.
 
8    (720 ILCS 5/24-1.10 new)
9    Sec. 24-1.10. Manufacture, delivery, sale, and possession
10of large capacity ammunition feeding devices.
11    (a) In this Section:
12    "Handgun" has the meaning ascribed to it in the Firearm
13Concealed Carry Act.
14    "Long gun" means a rifle or shotgun.
15    "Large capacity ammunition feeding device" means:
16        (1) a magazine, belt, drum, feed strip, or similar
17    device that has a capacity of, or that can be readily
18    restored or converted to accept, more than 10 rounds of
19    ammunition for long guns and more than 15 rounds of
20    ammunition for handguns; or
21        (2) any combination of parts from which a device
22    described in paragraph (1) can be assembled.
23    "Large capacity ammunition feeding device" does not
24include an attached tubular device designed to accept, and
25capable of operating only with, .22 caliber rimfire

 

 

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1ammunition. "Large capacity ammunition feeding device" does
2not include a tubular magazine that is contained in a
3lever-action firearm or any device that has been made
4permanently inoperable.
5    (b) Except as provided in subsections (e) and (f), it is
6unlawful for any person within this State to knowingly
7manufacture, deliver, sell, purchase, or cause to be
8manufactured, delivered, sold, or purchased a large capacity
9ammunition feeding device.
10    (c) Except as provided in subsections (d), (e), and (f),
11and beginning 90 days after the effective date of this
12amendatory Act of the 102nd General Assembly, it is unlawful
13to knowingly possess a large capacity ammunition feeding
14device.
15    (d) Subsection (b) does not apply to a person's possession
16of a large capacity ammunition feeding device if the person
17lawfully possessed that large capacity ammunition feeding
18device before the effective date of this amendatory Act of the
19102nd General Assembly, provided that the person shall possess
20such device only:
21        (1) on private property owned or immediately
22    controlled by the person;
23        (2) on private property that is not open to the public
24    with the express permission of the person who owns or
25    immediately controls such property;
26        (3) while on the premises of a licensed firearms

 

 

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1    dealer or gunsmith for the purpose of lawful repair;
2        (4) while engaged in the legal use of the large
3    capacity ammunition feeding device at a properly licensed
4    firing range or sport shooting competition venue; or
5        (5) while traveling to or from these locations,
6    provided that the large capacity ammunition feeding device
7    is stored unloaded and enclosed in a case, firearm
8    carrying box, shipping box, or other container.
9    A person authorized under this Section to possess a large
10capacity ammunition feeding device may transfer the large
11capacity ammunition feeding device only to an heir, an
12individual residing in another state maintaining it in another
13state, or a dealer licensed as a federal firearms dealer under
14Section 923 of the federal Gun Control Act of 1968. Within 10
15days after transfer of the large capacity ammunition feeding
16device except to an heir, the person shall notify the Illinois
17State Police of the name and address of the transferee and
18comply with the requirements of subsection (b) of Section 3 of
19the Firearm Owners Identification Card Act. The person to whom
20the large capacity ammunition feeding device is transferred
21shall, within 60 days of the transfer, notify the Illinois
22State Police of the person's acquisition and comply with the
23requirements of subsection (b) of Section 3 of the Firearm
24Owners Identification Card Act. A person to whom the large
25capacity ammunition feeding device is transferred may transfer
26it only as provided in this subsection.

 

 

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1    Except as provided in subsections (e) and (f) and
2beginning 90 days after the effective date of this amendatory
3Act of the 102nd General Assembly, any person who moves into
4this State in possession of a large capacity ammunition
5feeding device shall, within 60 days, apply for a Firearm
6Owners Identification Card.
7    (e) The provisions of this Section regarding the purchase
8or possession of large capacity ammunition feeding devices, as
9well as the provisions of this Section that prohibit causing
10those items to be purchased or possessed, do not apply to:
11        (1) Peace officers as defined in Section 2-13 of this
12    Code.
13        (2) Qualified law enforcement officers and qualified
14    retired law enforcement officers as defined in the Law
15    Enforcement Officers Safety Act of 2004 (18 U.S.C. 926B
16    and 926C) and as recognized under Illinois law.
17        (3) A federal, State, or local law enforcement agency
18    for the purpose of equipping the agency's peace officers
19    as defined in paragraph (1) or (2) of this subsection (e).
20        (4) Wardens, superintendents, and keepers of prisons,
21    penitentiaries, jails, and other institutions for the
22    detention of persons accused or convicted of an offense.
23        (5) Members of the Armed Services or Reserve Forces of
24    the United States or the Illinois National Guard, while
25    their official duties or while traveling to or from their
26    places of duty.

 

 

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1        (6) Any company that employs armed security officers
2    in this State at a nuclear energy, storage, weapons, or
3    development site or facility regulated by the federal
4    Nuclear Regulatory Commission and any person employed as
5    an armed security force member at a nuclear energy,
6    storage, weapons, or development site or facility
7    regulated by the federal Nuclear Regulatory Commission who
8    has completed the background screening and training
9    mandated by the rules and regulations of the federal
10    Nuclear Regulatory Commission and while performing
11    official duties.
12        (7) Any private security contractor agency licensed
13    under the Private Detective, Private Alarm, Private
14    Security, Fingerprint Vendor, and Locksmith Act of 2004
15    that employs private security contractors and any private
16    security contractor who is licensed and has been issued a
17    firearm control card under the Private Detective, Private
18    Alarm, Private Security, Fingerprint Vendor, and Locksmith
19    Act of 2004 while performing official duties.
20    (f) This Section does not apply to or affect any of the
21following:
22        (1) Manufacture, delivery, sale, importation,
23    purchase, or possession or causing to be manufactured,
24    delivered, sold, imported, purchased, or possessed a large
25    capacity ammunition feeding device:
26            (A) for sale or transfer to persons authorized

 

 

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1        under subdivisions (1) through (7) of subsection (e)
2        to possess those items;
3            (B) for sale or transfer to the United States or
4        any department or agency thereof; or
5            (C) for sale or transfer in another state or for
6        export.
7        (2) Sale or rental of large capacity ammunition
8    feeding devices for blank-firing assault weapons and .50
9    caliber rifles, to persons authorized or permitted, or
10    both authorized and permitted, to acquire these devices
11    for the purpose of rental for use solely as props for a
12    motion picture, television, or video production or
13    entertainment event.
14    (g) Sentence. A person who knowingly manufactures,
15delivers, sells, purchases, possesses, or causes to be
16manufactured, delivered, sold, possessed, or purchased in
17violation of this Section a large capacity ammunition feeding
18device capable of holding more than 10 rounds of ammunition
19for long guns or more than 15 rounds of ammunition for handguns
20commits a petty offense with a fine of $1,000 for each
21violation.
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.
 

 

 

10200HB5471sam003- 111 -LRB102 24372 RLC 42574 a

1    Section 95. No acceleration or delay. Where this Act makes
2changes in a statute that is represented in this Act by text
3that is not yet or no longer in effect (for example, a Section
4represented by multiple versions), the use of that text does
5not accelerate or delay the taking effect of (i) the changes
6made by this Act or (ii) provisions derived from any other
7Public Act.
 
8    Section 97. Severability. The provisions of this Act are
9severable under Section 1.31 of the Statute on Statutes.
 
10    Section 99. Effective date. This Act takes effect upon
11becoming law.".