103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB5254

 

Introduced 2/9/2024, by Rep. Harry Benton

 

SYNOPSIS AS INTRODUCED:
 
430 ILCS 65/4  from Ch. 38, par. 83-4
430 ILCS 65/5  from Ch. 38, par. 83-5
430 ILCS 65/8  from Ch. 38, par. 83-8
430 ILCS 65/13.4
720 ILCS 5/24-3.1  from Ch. 38, par. 24-3.1
720 ILCS 5/24-3.5

    Amends the Firearm Owners Identification Card Act. Provides that a renewal shall be automatically denied for any Firearm Owner's Identification Card issued to an applicant who submitted an application on or after the effective date of the amendatory Act, if the Firearm Owner's Identification Card holder has failed to complete hands-on firearm safety training within one year after the initial issuance of a Firearm Owner's Identification Card. Provides that a revoked license for not completing hands-on firearm safety training shall not be grounds for a denial of a subsequent Firearm Owner's Identification Card application. Provides that each application form for a Firearm Owner's Identification Card shall include the date on which hands-on firearm safety training has been or will be completed. Provides that proof that the applicant has completed or is currently enrolled in a hands-on training course must accompany the application. Provides that the Illinois State Police has authority to deny an application for or to revoke and seize a Firearm Owner's Identification Card previously issued under the Act if the person has failed to complete hands-on firearm safety training by the specified date on the Firearm Owner's Identification Card application. Provides that the Illinois State Police shall adopt rules that define "hands-on firearm safety training". Amends the Criminal Code of 2012. Provides that unlawful purchase of a firearm includes purchasing a firearm before completing hands-on firearm safety training as defined by rules adopted by the Illinois State Police.


LRB103 35740 RLC 65821 b

 

 

A BILL FOR

 

HB5254LRB103 35740 RLC 65821 b

1    AN ACT concerning firearms.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Firearm Owners Identification Card Act is
5amended by changing Sections 4, 5, 8, and 13.4 as follows:
 
6    (430 ILCS 65/4)  (from Ch. 38, par. 83-4)
7    Sec. 4. Application for Firearm Owner's Identification
8Cards.
9    (a) Each applicant for a Firearm Owner's Identification
10Card must:
11        (1) Submit an application as made available by the
12    Illinois State Police; and
13        (2) Submit evidence to the Illinois State Police that:
14            (i) (Blank); This subparagraph (i) applies through
15        the 180th day following July 12, 2019 (the effective
16        date of Public Act 101-80). He or she is 21 years of
17        age or over, or if he or she is under 21 years of age
18        that he or she has the written consent of his or her
19        parent or legal guardian to possess and acquire
20        firearms and firearm ammunition and that he or she has
21        never been convicted of a misdemeanor other than a
22        traffic offense or adjudged delinquent, provided,
23        however, that such parent or legal guardian is not an

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1Identification Card enforcement that are contained in the
2Illinois State Police database for purposes of this Act.
3    (b) Each application form shall include the following
4statement printed in bold type: "Warning: Entering false
5information on an application for a Firearm Owner's
6Identification Card is punishable as a Class 2 felony in
7accordance with subsection (d-5) of Section 14 of the Firearm
8Owners Identification Card Act.".
9    (c) Upon such written consent, pursuant to Section 4,
10paragraph (a)(2)(i), the parent or legal guardian giving the
11consent shall be liable for any damages resulting from the
12applicant's use of firearms or firearm ammunition.
13    (d) Each application form shall include the date on which
14hands-on firearm safety training has been or will be
15completed. Proof that the applicant has completed or is
16currently enrolled in a hands-on training course must
17accompany the application.
18(Source: P.A. 101-80, eff. 7-12-19; 102-237, eff. 1-1-22;
19102-538, eff. 8-20-21; 102-813, eff. 5-13-22; 102-1030, eff.
205-27-22; 102-1116, eff. 1-10-23.)
 
21    (430 ILCS 65/5)  (from Ch. 38, par. 83-5)
22    Sec. 5. Application and renewal.
23    (a) The Illinois State Police shall either approve or deny
24all applications within 30 days from the date they are
25received, except as provided in subsections (b) and (c), and

 

 

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1every applicant found qualified under Section 8 of this Act by
2the Illinois State Police shall be entitled to a Firearm
3Owner's Identification Card upon the payment of a $10 fee and
4applicable processing fees. The processing fees shall be
5limited to charges by the State Treasurer for using the
6electronic online payment system. Any applicant who is an
7active duty member of the Armed Forces of the United States, a
8member of the Illinois National Guard, or a member of the
9Reserve Forces of the United States is exempt from the
10application fee. $5 of each fee derived from the issuance of a
11Firearm Owner's Identification Card or renewals thereof shall
12be deposited in the State Police Firearm Services Fund and $5
13into the State Police Revocation Enforcement Fund.
14    (b) Renewal applications shall be approved or denied
15within 60 business days, provided the applicant submitted his
16or her renewal application prior to the expiration of his or
17her Firearm Owner's Identification Card. If a renewal
18application has been submitted prior to the expiration date of
19the applicant's Firearm Owner's Identification Card, the
20Firearm Owner's Identification Card shall remain valid while
21the Illinois State Police processes the application, unless
22the person is subject to or becomes subject to revocation
23under this Act. The cost for a renewal application shall be $10
24and may include applicable processing fees, which shall be
25limited to charges by the State Treasurer for using the
26electronic online payment system, which shall be deposited

 

 

HB5254- 11 -LRB103 35740 RLC 65821 b

1into the State Police Firearm Services Fund. A renewal shall
2be automatically denied for any Firearm Owner's Identification
3Card issued to an applicant who submitted an application on or
4after the effective date of this amendatory Act of the 103rd
5General Assembly, if the Firearm Owner's Identification Card
6holder has failed to complete hands-on firearm safety training
7within one year after the initial issuance of a Firearm
8Owner's Identification Card. A revoked license for not
9completing hands-on firearm safety training shall not be
10grounds for a denial of a subsequent Firearm Owner's
11Identification Card application.
12    (c) If the Firearm Owner's Identification Card of a
13licensee under the Firearm Concealed Carry Act expires during
14the term of the licensee's concealed carry license, the
15Firearm Owner's Identification Card and the license remain
16valid and the licensee does not have to renew his or her
17Firearm Owner's Identification Card during the duration of the
18concealed carry license. Unless the Illinois State Police has
19reason to believe the licensee is no longer eligible for the
20card, the Illinois State Police may automatically renew the
21licensee's Firearm Owner's Identification Card and send a
22renewed Firearm Owner's Identification Card to the licensee.
23    (d) The Illinois State Police may adopt rules concerning
24the use of voluntarily submitted fingerprints, as allowed by
25State and federal law.
26(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;

 

 

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1102-813, eff. 5-13-22.)
 
2    (430 ILCS 65/8)  (from Ch. 38, par. 83-8)
3    Sec. 8. Grounds for denial and revocation. The Illinois
4State Police has authority to deny an application for or to
5revoke and seize a Firearm Owner's Identification Card
6previously issued under this Act only if the Illinois State
7Police finds that the applicant or the person to whom such card
8was issued is or was at the time of issuance:
9        (a) A person under 21 years of age who has been
10    convicted of a misdemeanor other than a traffic offense or
11    adjudged delinquent;
12        (b) This subsection (b) applies through the 180th day
13    following July 12, 2019 (the effective date of Public Act
14    101-80). A person under 21 years of age who does not have
15    the written consent of his parent or guardian to acquire
16    and possess firearms and firearm ammunition, or whose
17    parent or guardian has revoked such written consent, or
18    where such parent or guardian does not qualify to have a
19    Firearm Owner's Identification Card;
20        (b-5) This subsection (b-5) applies on and after the
21    181st day following July 12, 2019 (the effective date of
22    Public Act 101-80). A person under 21 years of age who is
23    not an active duty member of the United States Armed
24    Forces or the Illinois National Guard and does not have
25    the written consent of his or her parent or guardian to

 

 

HB5254- 13 -LRB103 35740 RLC 65821 b

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

 

 

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

 

 

HB5254- 15 -LRB103 35740 RLC 65821 b

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

 

 

HB5254- 16 -LRB103 35740 RLC 65821 b

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

 

 

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

 

 

HB5254- 18 -LRB103 35740 RLC 65821 b

19.5 of this Act.
2(Source: P.A. 101-80, eff. 7-12-19; 102-538, eff. 8-20-21;
3102-645, eff. 1-1-22; 102-813, eff. 5-13-22; 102-1030, eff.
45-27-22; 102-1116, eff. 1-10-23.)
 
5    (430 ILCS 65/13.4)
6    Sec. 13.4. Illinois State Police; rule making authority.
7    (a) The Illinois State Police shall by rule adopt the
8following procedures:
9        (1) When a person who possesses a valid Firearm
10    Owner's Identification Card applies for and is approved
11    for a concealed carry license, the valid Firearm Owner's
12    Identification Card is renewed for 10 years from the time
13    of approval instead of 10 years from the date of the
14    original card.
15        (2) If a person is eligible for both a Firearm Owner's
16    Identification Card and a concealed carry license, the
17    Illinois State Police shall by rule create one card that
18    may be used as both a Firearm Owner's Identification Card
19    and a concealed carry license. A combined Firearm Owner's
20    Identification Card and concealed carry license shall be
21    considered a valid card for the purposes of this Act. If a
22    person who possesses a combined Firearm Owner's
23    Identification Card and a concealed carry license becomes
24    subject to suspension or revocation under the Firearm
25    Concealed Carry Act, but is otherwise eligible for a valid

 

 

HB5254- 19 -LRB103 35740 RLC 65821 b

1    Firearm Owner's Identification Card, the Illinois State
2    Police shall ensure the person's Firearm Owner's
3    Identification Card status is not interrupted. The
4    Illinois State Police shall adopt rules to implement this
5    Section.
6    (b) The Illinois State Police shall adopt rules that
7define "hands-on firearm safety training" including how the
8training is conducted, how many hours is sufficient, who may
9conduct the training, and what constitutes proof for the
10purposes of a Firearm Owner's Identification Card application.
11(Source: P.A. 102-237, eff. 1-1-22.)
 
12    Section 10. The Criminal Code of 2012 is amended by
13changing Sections 24-3.1 and 24-3.5 as follows:
 
14    (720 ILCS 5/24-3.1)  (from Ch. 38, par. 24-3.1)
15    Sec. 24-3.1. Unlawful possession of firearms and firearm
16ammunition.
17    (a) A person commits the offense of unlawful possession of
18firearms or firearm ammunition when:
19        (1) He is under 18 years of age and has in his
20    possession any firearm of a size which may be concealed
21    upon the person; or
22        (2) He is under 21 years of age, has been convicted of
23    a misdemeanor other than a traffic offense or adjudged
24    delinquent and has any firearms or firearm ammunition in

 

 

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1    his possession; or
2        (3) He is a narcotic addict and has any firearms or
3    firearm ammunition in his possession; or
4        (4) He has been a patient in a mental institution
5    within the past 5 years and has any firearms or firearm
6    ammunition in his possession. For purposes of this
7    paragraph (4):
8            "Mental institution" means any hospital,
9        institution, clinic, evaluation facility, mental
10        health center, or part thereof, which is used
11        primarily for the care or treatment of persons with
12        mental illness.
13            "Patient in a mental institution" means the person
14        was admitted, either voluntarily or involuntarily, to
15        a mental institution for mental health treatment,
16        unless the treatment was voluntary and solely for an
17        alcohol abuse disorder and no other secondary
18        substance abuse disorder or mental illness; or
19        (5) He is a person with an intellectual disability and
20    has any firearms or firearm ammunition in his possession;
21    or
22        (6) He has in his possession any explosive bullet.
23    For purposes of this paragraph "explosive bullet" means
24the projectile portion of an ammunition cartridge which
25contains or carries an explosive charge which will explode
26upon contact with the flesh of a human or an animal.

 

 

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1"Cartridge" means a tubular metal case having a projectile
2affixed at the front thereof and a cap or primer at the rear
3end thereof, with the propellant contained in such tube
4between the projectile and the cap.
5    (b) Sentence.
6    Unlawful possession of firearms, other than handguns, and
7firearm ammunition is a Class A misdemeanor. Unlawful
8possession of handguns is a Class 4 felony. The possession of
9each firearm or firearm ammunition in violation of this
10Section constitutes a single and separate violation.
11    (c) Nothing in paragraph (1) of subsection (a) of this
12Section prohibits a person under 18 years of age from
13participating in any lawful recreational activity with a
14firearm such as, but not limited to, practice shooting at
15targets upon established public or private target ranges or
16hunting, trapping, or fishing in accordance with the Wildlife
17Code or the Fish and Aquatic Life Code or from participating in
18authorized hands-on firearm safety training as defined by
19rules adopted by the Illinois State Police.
20(Source: P.A. 99-143, eff. 7-27-15.)
 
21    (720 ILCS 5/24-3.5)
22    Sec. 24-3.5. Unlawful purchase of a firearm.
23    (a) For purposes of this Section, "firearms transaction
24record form" means a form:
25        (1) executed by a transferee of a firearm stating: (i)

 

 

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1    the transferee's name and address (including county or
2    similar political subdivision); (ii) whether the
3    transferee is a citizen of the United States; (iii) the
4    transferee's State of residence; and (iv) the date and
5    place of birth, height, weight, and race of the
6    transferee; and
7        (2) on which the transferee certifies that he or she
8    is not prohibited by federal law from transporting or
9    shipping a firearm in interstate or foreign commerce or
10    receiving a firearm that has been shipped or transported
11    in interstate or foreign commerce or possessing a firearm
12    in or affecting commerce.
13    (b) A person commits the offense of unlawful purchase of a
14firearm who knowingly purchases or attempts to purchase a
15firearm with the intent to deliver that firearm to another
16person who is prohibited by federal or State law from
17possessing a firearm.
18    (c) A person commits the offense of unlawful purchase of a
19firearm when he or she, in purchasing or attempting to
20purchase a firearm, intentionally provides false or misleading
21information on a United States Department of the Treasury,
22Bureau of Alcohol, Tobacco and Firearms firearms transaction
23record form.
24    (c-1) A person commits unlawful purchase of a firearm when
25the person purchases a firearm before the completion of
26hands-on firearm safety training as defined by rules adopted

 

 

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1by the Illinois State Police.
2    (d) Exemption. It is not a violation of subsection (b) of
3this Section for a person to make a gift or loan of a firearm
4to a person who is not prohibited by federal or State law from
5possessing a firearm if the transfer of the firearm is made in
6accordance with Section 3 of the Firearm Owners Identification
7Card Act.
8    (e) Sentence.
9        (1) A person who commits the offense of unlawful
10    purchase of a firearm:
11            (A) is guilty of a Class 2 felony for purchasing or
12        attempting to purchase one firearm;
13            (B) is guilty of a Class 1 felony for purchasing or
14        attempting to purchase not less than 2 firearms and
15        not more than 5 firearms at the same time or within a
16        one year period;
17            (C) is guilty of a Class X felony for which the
18        offender shall be sentenced to a term of imprisonment
19        of not less than 9 years and not more than 40 years for
20        purchasing or attempting to purchase not less than 6
21        firearms at the same time or within a 2 year period.
22        (2) In addition to any other penalty that may be
23    imposed for a violation of this Section, the court may
24    sentence a person convicted of a violation of subsection
25    (c) of this Section to a fine not to exceed $250,000 for
26    each violation.

 

 

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1    (f) A prosecution for unlawful purchase of a firearm may
2be commenced within 6 years after the commission of the
3offense.
4(Source: P.A. 95-882, eff. 1-1-09.)