HB1155eng 98TH GENERAL ASSEMBLY

HB1155 Engrossed LRB098 08475 RLC 38582 b

AN ACT concerning criminal law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. This Act may be referred to as the Family and Personal Protection Act.

Section 2. Legislative determination. It is hereby declared as a matter of legislative determination that in order to promote and protect the health, safety and welfare of the public, it is necessary and in the public interest within the State of Illinois to establish a system of handgun registration, thereby establishing a practical and workable system by which law enforcement authorities will be afforded an opportunity to identify the ownership of handguns that have been recovered or seized as evidence in connection with a criminal offense.

Section 4. Definitions.

As used in Sections 2 and 5 of this Act:

"Certificate of Handgun Registration" means a certificate issued by the Illinois Department of State Police under Section 5 of this Act.

"Department" means the Department of State Police.

"Federally licensed firearm dealer" means a person who is licensed as a federal firearms dealer under Section 923 of the federal Gun Control Act of 1968 (18 U.S.C. 923).

"Firearm" has the same meaning as set forth in Section 1.1 of the Firearm Owners Identification Card Act.

"Handgun" means a firearm designed to be held and fired by the use of a single hand.

Section 5. Certificate of Handgun Registration.

(a) No person shall transport or possess a handgun in this State without a Certificate of Handgun Registration issued for that handgun by the Department of State Police.

(b) The provisions of this Section prohibiting a person from transporting or possessing a handgun without a Certificate of Handgun Registration do not apply to the following:

(1) any person who is exempt from the Firearm Owners Identification Card Act under subsection (b) of Section 2 of that Act;

(2) any person who is exempt from the Firearm Owners Identification Card Act under subsection (c) of Section 2 of that Act;

(3) a certified member of the Illinois Firearms Manufacturers Association; and

(4) a federally licensed firearm dealer holding a new handgun for transfer or sale.

(c) An applicant for an original or transferred Certificate of Handgun Registration shall submit an application to the Department, prepared and furnished at convenient locations throughout the State or by electronic means. The application shall request the following information from the applicant:

(1) the applicant's name, address, and telephone number;

(2) a copy of the applicant's Illinois Firearm Owner's Identification Card;

(3) the name of the manufacturer, the caliber or gauge, the model, the type, and the serial number identification of the handgun to be registered;

(4) the source from which the handgun was obtained, including the name and address of the source;

(5) the date the handgun was acquired;

(6) any other information that the Department shall find reasonably necessary or desirable to effectuate the purposes of this Section and to arrive at a fair determination as to whether the terms of this Section have been complied with; and

(7) an affidavit signed by the applicant certifying that the applicant:

(A) possesses a valid Firearm Owner's Identification Card;

(B) as of the date of application, would still be eligible to receive a Firearm Owner's Identification Card from the Department.

(d) The Department shall issue an original or transferred Certificate of Handgun Registration or shall issue a written denial of the application within 30 days after the application is received.

(e) There is created in the State treasury the Handgun Certificate Administration Fund to be used by the Department for the administration of handgun registration as required by this Section.

(f) A nonrefundable application fee of $20 shall be payable for each original or transferred Certificate of Handgun Registration. All moneys received from this $20 fee shall be deposited as follows:

(1) $10 to the Handgun Certificate Administration Fund for the administration of handgun registration;

(2) $5 to the Illinois LEADS Information and Technology Improvement Fund; and

(3) $5 to the National Instant Criminal Background Check System Improvement Fund.

(g) A nonrefundable fee of $10 shall be payable for each duplicate or replacement Certificate of Handgun Registration. All moneys received from this $10 fee shall be deposited into the Handgun Certificate Administration Fund for the administration of handgun registration.

(h) Certificates of Handgun Registration shall expire every 5 years. The fee for renewal of a Certificate of Handgun Registration is $10. All moneys received from this $10 fee shall be deposited into the Handgun Certificate Administration Fund for the administration of handgun registration.

(i) Every person issued a Certificate of Handgun Registration shall notify the Department in the manner prescribed by the Department within 72 hours of the following:

(1) a change in any of the information appearing on the Certificate of Handgun Registration; or

(2) the sale, transfer, inheritance, or other disposition of the registered handgun.

(j) A person issued a Certificate of Handgun Registration, in addition to any other requirements of this Section, shall immediately return to the Department his or her Certificate of Handgun Registration for any handgun which is lost, stolen, destroyed, or otherwise disposed of.

(k) If an owner transfers ownership of a handgun, he or she shall execute to the transferee, at the time of the delivery of the handgun, an assignment of registration in the space provided on the Certificate of Handgun Registration, and shall cause the certificate and assignment to be delivered to the transferee.

(k-5) In the case of a federally licensed firearm dealer making a sale of a new handgun, the dealer shall submit the application described in subsection (c) of this Section along with the required fee to the Department on the purchaser's behalf within 20 days from the date of sale. If the purchaser does not receive an original Certificate of Handgun Registration or a written denial of the application submitted on his or her behalf by the dealer within 50 days from the date of purchase, the purchaser shall inquire to the Department regarding the status of his or her application.

(l) Within 20 days after the delivery to a transferee of a handgun or the delivery of the certificate and assignment, whichever occurs sooner, the transferee shall execute the application for a new Certificate of Handgun Registration in the space provided on the certificate and cause the certificate and application to be mailed or delivered to the Department.

(m) No transferee shall knowingly accept ownership of a handgun from a transferor who has failed to obtain a Certificate of Handgun Registration in violation of this Section, or who fails to execute an assignment of registration to the transferee as required by subsection (k) of this Section.

(n) Any person who accepts delivery of a handgun that has not been previously registered and assigned to the transferee shall file an application for an original Certificate of Handgun Registration within 20 days after taking possession of the handgun. Any person who owns a handgun on the effective date of this Act shall file an application for an original Certificate of Handgun Registration not later than 90 days after the effective date of this Act.

(o) Transfer of ownership of a registered handgun shall not be considered complete until the transferee has complied with subsection (l) of this Section, provided that a transferor who has complied with subsection (k) of this Section, and has complied with the requirements of Section 3 and 3.1 of the Firearm Owners Identification Card Act, if applicable, shall not be liable as an owner by virtue of the transferee's failure to comply with subsection (l) for damages arising out of use of the handgun.

(p) The Department has authority to deny an application for or to revoke and seize a Certificate of Handgun Registration previously issued under this Section if the Department finds that:

(1) the person does not possess a valid Firearm Owner's Identification Card;

(2) false or misleading information was submitted to the Department in connection with the application; or

(3) the handgun is unlawful for the applicant to own.

(q) The Department of State Police and local law enforcement may exchange any information that is necessary for the proper administration of this Section unless the exchange is specifically prohibited by State or federal law.

(r) Whenever an application for a Certificate of Handgun Registration is denied, whenever the Department fails to act on an application within 30 days of its receipt, or whenever a certificate is revoked or seized, the aggrieved party may appeal to the Director of the Department of State Police for a hearing upon the denial, failure to act, revocation, or seizure, unless the denial, failure to act, revocation, or seizure was based upon a forcible felony, stalking, aggravated stalking, domestic battery, any violation of the Illinois Controlled Substances Act, the Methamphetamine Control and Community Protection Act, or the Cannabis Control Act that is classified as a Class 2 or greater felony, any felony violation of Article 24 of the Criminal Code of 2012, or any adjudication as a delinquent minor for the commission of an offense that if committed by an adult would be a felony, in which case the aggrieved party may petition the circuit court in writing in the county of his or her residence for a hearing upon the denial, failure to act, revocation, or seizure.

(1) At least 30 days before any hearing in the circuit court, the petitioner shall serve the appropriate State's Attorney with a copy of the petition. The State's Attorney may object to the petition and present evidence. At the hearing the court shall determine whether substantial justice has been done. Should the court determine that substantial justice has not been done, the court shall issue an order directing the Department of State Police to issue a Certificate of Handgun Registration.

(2) Any person prohibited from possessing a handgun under Sections 24-1.1 or 24-3.1 of the Criminal Code of 2012 or acquiring a Certificate of Handgun Registration under this Section may apply to the Director of the Department of State Police or petition the circuit court in the county where the petitioner resides, whichever is applicable in accordance with this subsection (r), requesting relief from the prohibition and the Director or court may grant this relief if it is established by the applicant to the court's or Director's satisfaction that:

(A) when in the circuit court, the State's Attorney has been served with a written copy of the petition at least 30 days before any hearing in the circuit court and at the hearing the State's Attorney was afforded an opportunity to present evidence and object to the petition;

(B) the applicant has not been convicted of a forcible felony under the laws of this State or any other jurisdiction within 20 years of the applicant's application for a Certificate of Handgun Registration, or at least 20 years have passed since the end of any period of imprisonment imposed in relation to that conviction;

(C) the circumstances regarding a criminal conviction, where applicable, the applicant's criminal history and his or her reputation are such that the applicant will not be likely to act in a manner dangerous to public safety; and

(D) granting relief would not be contrary to the public interest.

(3) When a minor is adjudicated delinquent for an offense which if committed by an adult would be a felony, the court shall notify the Department of State Police.

(4) The court shall review the denial of an application or the revocation of a Certificate of Handgun Registration of a person who has been adjudicated delinquent for an offense that if committed by an adult would be a felony if an application for relief has been filed at least 10 years after the adjudication of delinquency and the court determines that the applicant should be granted relief from disability to obtain a Certificate of Handgun Registration. If the court grants relief, the court shall notify the Department that the disability has been removed and that the applicant is eligible to obtain a Certificate of Handgun Registration.

(5) Any person who is prohibited from possessing a handgun under 18 U.S.C. 922(d)(4) and 922(g)(4) of the federal Gun Control Act of 1968 may apply to the Department of State Police requesting relief from the prohibition and the Director shall grant this relief if it is established to the Director's satisfaction that the person will not be likely to act in a manner dangerous to public safety and granting relief would not be contrary to the public interest.

(s) Notwithstanding any other provision of law, including the Freedom of Information Act, it is the public policy of this State that the names and information of persons who have applied for or received Certificates of Handgun Registration under this Section are considered private and shall not be disclosed. No State or local law enforcement agency shall provide the names and information of holders of or applicants for Certificates of Handgun Registration, except that the Department may provide confirmation that a person has or has not been issued, applied for, or denied a Certificate of Handgun Registration in connection with a criminal investigation.

(t) The Department of State Police may perform its duties under this Act through the Department's Firearm Owner's Identification Card Office.

(u) Altered, forged or counterfeit Certificate of Handgun Registration.

(1) Any person who forges or materially alters a Certificate of Handgun Registration or who counterfeits a Certificate of Handgun Registration commits a Class 2 felony.

(2) Any person who knowingly possesses a forged or materially altered Certificate of Handgun Registration with the intent to use it commits a Class 2 felony.

(3) A person who possesses a Certificate of Handgun Registration with knowledge that it is counterfeit commits a Class 2 felony.

(v) Certificate of Handgun Registration and handgun transfer violations.

(1) Any person who transports or possesses a handgun without a current Certificate of Handgun Registration commits a Class 2 felony.

(2) Any person who knowingly enters false or misleading information or who submits false or misleading evidence in connection with the application described in subsection (c) of this Section commits a Class 2 felony.

(3) Any person who sells, transfers, or otherwise disposes of his or her registered handgun and does not notify the Department of that sale, transfer, or disposition within the timelines in this Section commits a Class A misdemeanor.

(4) Any federally licensed dealer who does not submit an application on behalf of a purchaser in accordance with subsection (k-5) of this Section commits a Class A misdemeanor.

Section 80. Firearm carry prohibition; schools.

(a) No person may knowingly carry a firearm into any preschool, elementary school, or secondary school or any portion of any school building thereof; or any school property surrounding a preschool, elementary school, or secondary school building, including but not limited to sidewalks and parking lot areas adjacent to or near preschool, elementary school, or secondary school property.

(b) The exemptions and provisions in subsections (a), (b), (f), (g-6), (g-10), (h), and (i) of Section 24-2 of the Criminal Code of 2012 apply to this Section.

(c) The United States Supreme Court in District of Columbia v. Heller, 554 U.S. 570, 128 S.Ct. 2783 (2008) has recognized that the Second Amendment to the United States Constitution does not confer an unlimited right and that states may prohibit the carrying of firearms in sensitive places. The Supreme Court stated in the Heller decision: "Although we do not undertake an exhaustive historical analysis today of the full scope of the Second Amendment, nothing in our opinion should be taken to cast doubt on longstanding prohibitions on the possession of firearms by felons and the mentally ill, or laws forbidding the carrying of firearms in sensitive places such as schools and government buildings . . ." The Supreme Court also noted in a footnote referencing this statement in the Heller decision that: "We identify these presumptively lawful regulatory measures only as examples; our list does not purport to be exhaustive." This recognition was reiterated by the U. S. Supreme Court in McDonald v. the City of Chicago, 561 U.S. 3025, 130 S.Ct. 3020 (2010), which incorporated the Second Amendment against state action. The Supreme Court again stated: "We made it clear in Heller that our holding did not cast doubt on such longstanding regulatory measures as "prohibitions on the possession of firearms by felons and the mentally ill," "laws forbidding the carrying of firearms in sensitive places such as schools and government buildings . . . We repeat those assurances here." Further, the federal 7th Circuit Court of Appeals in Moore v. Madigan, 702 F.3d. 933 (7th Cir., 2012) cited the "sensitive place" statement of the Supreme Court in both the Heller and McDonald decisions and concluded: "That a legislature can forbid the carrying of firearms in schools and government buildings means that any right to possess a gun for self-defense outside the home is not absolute, and it is not absolute by the Supreme Court's own terms." Therefore, the General Assembly finds that the place or location set forth in subsection (a) of this Section is a sensitive place and the prohibition on the carrying of firearms will promote public safety in this sensitive place.

Section 100. Firearm carry prohibition; State and local government.

(a) No person may knowingly carry a firearm into any building under the control of the State, General Assembly, General Assembly support service agency, including a building in which a committee of the General Assembly convenes for the purpose of conducting meetings of committees, joint committees, legislative commissions, and any property or parking lot area under control of the General Assembly that is adjacent to or near a prohibited building in this Section.

(b) No person may knowingly carry a firearm into any building owned or occupied by a governing body of a unit of local government, or any property or parking lot area adjacent to or near a local government building. For the purposes of this Section, "unit of local government" means a county, municipality, township, special district, and unit, designated as a unit of local government by law, which exercises limited governmental powers or powers in respect to limited governmental subjects, but does not include a school district.

(c) No person may knowingly carry a firearm into any building under control of the Governor, Lieutenant Governor, Attorney General, Secretary of State, Comptroller, or Treasurer, and any property or parking lot area adjacent to or near a prohibited building in this Section.

(d) No person may knowingly carry a firearm into any police, sheriff, State Police, or firefighting office or station, or onto any adjacent property or parking lot areas under the control of a police, sheriff, State Police, or firefighting office or station, without the consent of the chief law enforcement officer or chief firefighting officer in charge of that office or station, unless employed by the police, sheriff, State Police, or firefighting office or station and authorized by the chief law enforcement officer or chief firefighting officer to carry a firearm.

(e) No person may knowingly carry a firearm into any adult or juvenile detention or correctional institution, prison, or jail, or onto any adjacent property or parking lot area under the control of an adult or juvenile detention or correctional institution, prison, or jail, unless employed there and otherwise authorized to carry a firearm.

(f) No person may knowingly carry a firearm into any courthouse or part of a building that is occupied by the Circuit, Appellate, or Supreme Court, any room designated for court proceedings by any of these courts, and any property or parking lot area adjacent to or near courthouses and court buildings.

(g) The exemptions and provisions in subsections (a), (b), (f), (g-6), (g-10), (h), and (i) of Section 24-2 of the Criminal Code of 2012 apply to this Section.

(h) The United States Supreme Court in District of Columbia v. Heller, 554 U.S. 570, 128 S.Ct. 2783 (2008) has recognized that the Second Amendment to the United States Constitution does not confer an unlimited right and that states may prohibit the carrying of firearms in sensitive places. The Supreme Court stated in the Heller decision: "Although we do not undertake an exhaustive historical analysis today of the full scope of the Second Amendment, nothing in our opinion should be taken to cast doubt on longstanding prohibitions on the possession of firearms by felons and the mentally ill, or laws forbidding the carrying of firearms in sensitive places such as schools and government buildings . . ." The Supreme Court also noted in a footnote referencing this statement in the Heller decision that: "We identify these presumptively lawful regulatory measures only as examples; our list does not purport to be exhaustive." This recognition was reiterated by the U. S. Supreme Court in McDonald v. the City of Chicago, 561 U.S. 3025, 130 S.Ct. 3020 (2010), which incorporated the Second Amendment against state action. The Supreme Court again stated: "We made it clear in Heller that our holding did not cast doubt on such longstanding regulatory measures as "prohibitions on the possession of firearms by felons and the mentally ill," "laws forbidding the carrying of firearms in sensitive places such as schools and government buildings . . . We repeat those assurances here." Further, the federal 7th Circuit Court of Appeals in Moore v. Madigan, 702 F.3d. 933 (7th Cir., 2012) cited the "sensitive place" statement of the Supreme Court in both the Heller and McDonald decisions and concluded: "That a legislature can forbid the carrying of firearms in schools and government buildings means that any right to possess a gun for self-defense outside the home is not absolute, and it is not absolute by the Supreme Court's own terms." Therefore, the General Assembly finds that the places or locations set forth in this Section are sensitive places and the prohibition on the carrying of firearms will promote public safety in these sensitive places.

Section 123. Firearm carry prohibition; restaurants with liquor license. No person may knowingly carry a firearm into any establishment that maintains a retail liquor license as provided in subsection (d) of Section 5-1 of the Liquor Control Act of 1934 and allows for the sale and consumption of alcoholic beverages on its premises as an on premise consumption retailer.

Section 130. Firearm carry prohibition; child care facility.

(a) No person may knowingly carry a firearm into any portion of a building used as a child care facility, or any adjacent property or parking lot area under control of or owned by a child care facility.

(b) Nothing in this Section shall prevent the owner or operator of a child care facility in a family home from owning or possessing a firearm or license, so long as the firearm is stored unloaded in a locked container.

(c) The exemptions and provisions in subsections (a), (b), (f), (g-6), (g-10), (h), and (i) of Section 24-2 of the Criminal Code of 2012 apply to this Section.

(d) The United States Supreme Court in District of Columbia v. Heller, 554 U.S. 570, 128 S.Ct. 2783 (2008) has recognized that the Second Amendment to the United States Constitution does not confer an unlimited right and that states may prohibit the carrying of firearms in sensitive places. The Supreme Court stated in the Heller decision: "Although we do not undertake an exhaustive historical analysis today of the full scope of the Second Amendment, nothing in our opinion should be taken to cast doubt on longstanding prohibitions on the possession of firearms by felons and the mentally ill, or laws forbidding the carrying of firearms in sensitive places such as schools and government buildings . . ." The Supreme Court also noted in a footnote referencing this statement in the Heller decision that: "We identify these presumptively lawful regulatory measures only as examples; our list does not purport to be exhaustive." This recognition was reiterated by the U. S. Supreme Court in McDonald v. the City of Chicago, 561 U.S. 3025, 130 S.Ct. 3020 (2010), which incorporated the Second Amendment against state action. The Supreme Court again stated: "We made it clear in Heller that our holding did not cast doubt on such longstanding regulatory measures as "prohibitions on the possession of firearms by felons and the mentally ill," "laws forbidding the carrying of firearms in sensitive places such as schools and government buildings . . . We repeat those assurances here." Further, the federal 7th Circuit Court of Appeals in Moore v. Madigan, 702 F.3d. 933 (7th Cir., 2012) cited the "sensitive place" statement of the Supreme Court in both the Heller and McDonald decisions and concluded: "That a legislature can forbid the carrying of firearms in schools and government buildings means that any right to possess a gun for self-defense outside the home is not absolute, and it is not absolute by the Supreme Court's own terms." Therefore, the General Assembly finds that the place or location set forth in subsection (a) of this Section is a sensitive place and the prohibition on the carrying of firearms will promote public safety in this sensitive place.

Section 135. Firearm carry prohibition; gaming facility.

(a) No person may knowingly carry a firearm into any gaming facility or any adjacent property or parking lot area under control of or owned by a gaming facility licensed under the Riverboat Gambling Act or the Horse Racing Act of 1975.

(b) No person may knowingly carry a firearm into any licensed establishment, licensed truck stop establishment, licensed fraternal establishment, or licensed veterans establishment licensed under the Video Gaming Act or any adjacent property or parking lot area under the control of or owned by a licensed establishment, licensed truck stop establishment, licensed fraternal establishment, or licensed veterans establishment licensed under the Video Gaming Act.

(c) The exemptions and provisions in subsections (a), (b), (f), (g-6), (g-10), (h), and (i) of Section 24-2 of the Criminal Code of 2012 apply to this Section.

(d) The United States Supreme Court in District of Columbia v. Heller, 554 U.S. 570, 128 S.Ct. 2783 (2008) has recognized that the Second Amendment to the United States Constitution does not confer an unlimited right and that states may prohibit the carrying of firearms in sensitive places. The Supreme Court stated in the Heller decision: "Although we do not undertake an exhaustive historical analysis today of the full scope of the Second Amendment, nothing in our opinion should be taken to cast doubt on longstanding prohibitions on the possession of firearms by felons and the mentally ill, or laws forbidding the carrying of firearms in sensitive places such as schools and government buildings . . ." The Supreme Court also noted in a footnote referencing this statement in the Heller decision that: "We identify these presumptively lawful regulatory measures only as examples; our list does not purport to be exhaustive." This recognition was reiterated by the U. S. Supreme Court in McDonald v. the City of Chicago, 561 U.S. 3025, 130 S.Ct. 3020 (2010), which incorporated the Second Amendment against state action. The Supreme Court again stated: "We made it clear in Heller that our holding did not cast doubt on such longstanding regulatory measures as "prohibitions on the possession of firearms by felons and the mentally ill," "laws forbidding the carrying of firearms in sensitive places such as schools and government buildings . . . We repeat those assurances here." Further, the federal 7th Circuit Court of Appeals in Moore v. Madigan, 702 F.3d. 933 (7th Cir., 2012) cited the "sensitive place" statement of the Supreme Court in both the Heller and McDonald decisions and concluded: "That a legislature can forbid the carrying of firearms in schools and government buildings means that any right to possess a gun for self-defense outside the home is not absolute, and it is not absolute by the Supreme Court's own terms." Therefore, the General Assembly finds that the places or locations set forth in subsections (a) and (b) of this Section are sensitive places and the prohibition on the carrying of firearms will promote public safety in these sensitive places.

Section 140. Firearm carry prohibition; amusement park.

(a) No person may knowingly carry a firearm into any gated area of an amusement park, or any adjacent property or parking lot area under control of or owned by an amusement park.

(b) The exemptions and provisions in subsections (a), (b), (f), (g-6), (g-10), (h), and (i) of Section 24-2 of the Criminal Code of 2012 apply to this Section.

(c) The United States Supreme Court in District of Columbia v. Heller, 554 U.S. 570, 128 S.Ct. 2783 (2008) has recognized that the Second Amendment to the United States Constitution does not confer an unlimited right and that states may prohibit the carrying of firearms in sensitive places. The Supreme Court stated in the Heller decision: "Although we do not undertake an exhaustive historical analysis today of the full scope of the Second Amendment, nothing in our opinion should be taken to cast doubt on longstanding prohibitions on the possession of firearms by felons and the mentally ill, or laws forbidding the carrying of firearms in sensitive places such as schools and government buildings . . ." The Supreme Court also noted in a footnote referencing this statement in the Heller decision that: "We identify these presumptively lawful regulatory measures only as examples; our list does not purport to be exhaustive." This recognition was reiterated by the U. S. Supreme Court in McDonald v. the City of Chicago, 561 U.S. 3025, 130 S.Ct. 3020 (2010), which incorporated the Second Amendment against state action. The Supreme Court again stated: "We made it clear in Heller that our holding did not cast doubt on such longstanding regulatory measures as "prohibitions on the possession of firearms by felons and the mentally ill," "laws forbidding the carrying of firearms in sensitive places such as schools and government buildings . . . We repeat those assurances here." Further, the federal 7th Circuit Court of Appeals in Moore v. Madigan, 702 F.3d. 933 (7th Cir., 2012) cited the "sensitive place" statement of the Supreme Court in both the Heller and McDonald decisions and concluded: "That a legislature can forbid the carrying of firearms in schools and government buildings means that any right to possess a gun for self-defense outside the home is not absolute, and it is not absolute by the Supreme Court's own terms." Therefore, the General Assembly finds that the place or location set forth in subsection (a) of this Section is a sensitive place and the prohibition on the carrying of firearms will promote public safety in this sensitive place.

Section 145. Firearm carry prohibition; stadium; arena.

(a) No person may knowingly carry a firearm into any stadium, arena, or collegiate or professional sporting event, or any adjacent property or parking lot area under the control of or owned by a facility where carry is prohibited under this Section.

(b) The exemptions and provisions in subsections (a), (b), (f), (g-6), (g-10), (h), and (i) of Section 24-2 of the Criminal Code of 2012 apply to this Section.

(c) The United States Supreme Court in District of Columbia v. Heller, 554 U.S. 570, 128 S.Ct. 2783 (2008) has recognized that the Second Amendment to the United States Constitution does not confer an unlimited right and that states may prohibit the carrying of firearms in sensitive places. The Supreme Court stated in the Heller decision: "Although we do not undertake an exhaustive historical analysis today of the full scope of the Second Amendment, nothing in our opinion should be taken to cast doubt on longstanding prohibitions on the possession of firearms by felons and the mentally ill, or laws forbidding the carrying of firearms in sensitive places such as schools and government buildings . . ." The Supreme Court also noted in a footnote referencing this statement in the Heller decision that: "We identify these presumptively lawful regulatory measures only as examples; our list does not purport to be exhaustive." This recognition was reiterated by the U. S. Supreme Court in McDonald v. the City of Chicago, 561 U.S. 3025, 130 S.Ct. 3020 (2010), which incorporated the Second Amendment against state action. The Supreme Court again stated: "We made it clear in Heller that our holding did not cast doubt on such longstanding regulatory measures as "prohibitions on the possession of firearms by felons and the mentally ill," "laws forbidding the carrying of firearms in sensitive places such as schools and government buildings . . . We repeat those assurances here." Further, the federal 7th Circuit Court of Appeals in Moore v. Madigan, 702 F.3d. 933 (7th Cir., 2012) cited the "sensitive place" statement of the Supreme Court in both the Heller and McDonald decisions and concluded: "That a legislature can forbid the carrying of firearms in schools and government buildings means that any right to possess a gun for self-defense outside the home is not absolute, and it is not absolute by the Supreme Court's own terms." Therefore, the General Assembly finds that the place or location set forth in subsection (a) of this Section is a sensitive place and the prohibition on the carrying of firearms will promote public safety in this sensitive place.

Section 150. Firearm carry prohibition; hospital; mental health facility.

(a) No person may knowingly carry a firearm into any hospital or mental health facility, or onto any adjacent property or parking lot area under the control of or owned by a hospital or mental health facility.

(b) The exemptions and provisions in subsections (a), (b), (f), (g-6), (g-10), (h), and (i) of Section 24-2 of the Criminal Code of 2012 apply to this Section.

(c) The United States Supreme Court in District of Columbia v. Heller, 554 U.S. 570, 128 S.Ct. 2783 (2008) has recognized that the Second Amendment to the United States Constitution does not confer an unlimited right and that states may prohibit the carrying of firearms in sensitive places. The Supreme Court stated in the Heller decision: "Although we do not undertake an exhaustive historical analysis today of the full scope of the Second Amendment, nothing in our opinion should be taken to cast doubt on longstanding prohibitions on the possession of firearms by felons and the mentally ill, or laws forbidding the carrying of firearms in sensitive places such as schools and government buildings . . ." The Supreme Court also noted in a footnote referencing this statement in the Heller decision that: "We identify these presumptively lawful regulatory measures only as examples; our list does not purport to be exhaustive." This recognition was reiterated by the U. S. Supreme Court in McDonald v. the City of Chicago, 561 U.S. 3025, 130 S.Ct. 3020 (2010), which incorporated the Second Amendment against state action. The Supreme Court again stated: "We made it clear in Heller that our holding did not cast doubt on such longstanding regulatory measures as "prohibitions on the possession of firearms by felons and the mentally ill," "laws forbidding the carrying of firearms in sensitive places such as schools and government buildings . . . We repeat those assurances here." Further, the federal 7th Circuit Court of Appeals in Moore v. Madigan, 702 F.3d. 933 (7th Cir., 2012) cited the "sensitive place" statement of the Supreme Court in both the Heller and McDonald decisions and concluded: "That a legislature can forbid the carrying of firearms in schools and government buildings means that any right to possess a gun for self-defense outside the home is not absolute, and it is not absolute by the Supreme Court's own terms." Therefore, the General Assembly finds that the place or location set forth in subsection (a) of this Section is a sensitive place and the prohibition on the carrying of firearms will promote public safety in this sensitive place.

Section 160. Firearm carry prohibition; library.

(a) No person may knowingly carry a firearm into any library, or onto any adjacent property or parking lot area under the control of or owned by a library.

(b) The exemptions and provisions in subsections (a), (b), (f), (g-6), (g-10), (h), and (i) of Section 24-2 of the Criminal Code of 2012 apply to this Section.

(c) The United States Supreme Court in District of Columbia v. Heller, 554 U.S. 570, 128 S.Ct. 2783 (2008) has recognized that the Second Amendment to the United States Constitution does not confer an unlimited right and that states may prohibit the carrying of firearms in sensitive places. The Supreme Court stated in the Heller decision: "Although we do not undertake an exhaustive historical analysis today of the full scope of the Second Amendment, nothing in our opinion should be taken to cast doubt on longstanding prohibitions on the possession of firearms by felons and the mentally ill, or laws forbidding the carrying of firearms in sensitive places such as schools and government buildings . . ." The Supreme Court also noted in a footnote referencing this statement in the Heller decision that: "We identify these presumptively lawful regulatory measures only as examples; our list does not purport to be exhaustive." This recognition was reiterated by the U. S. Supreme Court in McDonald v. the City of Chicago, 561 U.S. 3025, 130 S.Ct. 3020 (2010), which incorporated the Second Amendment against state action. The Supreme Court again stated: "We made it clear in Heller that our holding did not cast doubt on such longstanding regulatory measures as "prohibitions on the possession of firearms by felons and the mentally ill," "laws forbidding the carrying of firearms in sensitive places such as schools and government buildings . . . We repeat those assurances here." Further, the federal 7th Circuit Court of Appeals in Moore v. Madigan, 702 F.3d. 933 (7th Cir., 2012) cited the "sensitive place" statement of the Supreme Court in both the Heller and McDonald decisions and concluded: "That a legislature can forbid the carrying of firearms in schools and government buildings means that any right to possess a gun for self-defense outside the home is not absolute, and it is not absolute by the Supreme Court's own terms." Therefore, the General Assembly finds that the place or location set forth in subsection (a) of this Section is a sensitive place and the prohibition on the carrying of firearms will promote public safety in this sensitive place.

Section 205. Firearm carry prohibition; public transportation.

(a) No person may knowingly carry a firearm on buses, trains, or any form of transportation paid for in part or whole with public funds, and any transportation facility and the surrounding premises under its control.

(b) The exemptions and provisions in subsections (a), (b), (f), (g-6), (g-10), (h), and (i) of Section 24-2 of the Criminal Code of 2012 apply to this Section.

(c) The United States Supreme Court in District of Columbia v. Heller, 554 U.S. 570, 128 S.Ct. 2783 (2008) has recognized that the Second Amendment to the United States Constitution does not confer an unlimited right and that states may prohibit the carrying of firearms in sensitive places. The Supreme Court stated in the Heller decision: "Although we do not undertake an exhaustive historical analysis today of the full scope of the Second Amendment, nothing in our opinion should be taken to cast doubt on longstanding prohibitions on the possession of firearms by felons and the mentally ill, or laws forbidding the carrying of firearms in sensitive places such as schools and government buildings . . ." The Supreme Court also noted in a footnote referencing this statement in the Heller decision that: "We identify these presumptively lawful regulatory measures only as examples; our list does not purport to be exhaustive." This recognition was reiterated by the U. S. Supreme Court in McDonald v. the City of Chicago, 561 U.S. 3025, 130 S.Ct. 3020 (2010), which incorporated the Second Amendment against state action. The Supreme Court again stated: "We made it clear in Heller that our holding did not cast doubt on such longstanding regulatory measures as "prohibitions on the possession of firearms by felons and the mentally ill," "laws forbidding the carrying of firearms in sensitive places such as schools and government buildings . . . We repeat those assurances here." Further, the federal 7th Circuit Court of Appeals in Moore v. Madigan, 702 F.3d. 933 (7th Cir., 2012) cited the "sensitive place" statement of the Supreme Court in both the Heller and McDonald decisions and concluded: "That a legislature can forbid the carrying of firearms in schools and government buildings means that any right to possess a gun for self-defense outside the home is not absolute, and it is not absolute by the Supreme Court's own terms." Therefore, the General Assembly finds that the place or location set forth in subsection (a) of this Section is a sensitive place and the prohibition on the carrying of firearms will promote public safety in this sensitive place.

Section 250-10. Definitions. As used in this Act:

"Concealed firearm" means a loaded or unloaded handgun carried on or about a person completely or mostly concealed from view of the public, or carried in a vehicle in such a way as it is concealed from view of the public.

"Department" means the Department of State Police.

"Director" means the Director of State Police.

"Fund" means the Citizen Safety and Self-Defense Trust Fund.

"Handgun" means any device which is designed to expel a projectile or projectiles by the action of an explosion, expansion of gas, or escape of gas that is designed to be held and fired by the use of a single hand, and includes a combination of parts from which that firearm can be assembled. "Handgun" includes, but is not limited, to magazines, ammunition, laser sighting devices and other accessories intrinsic to a handgun carried for defensive purposes. "Handgun" does not include a stun gun or taser.

"License" means a license issued by the Department of State Police to carry a loaded or unloaded handgun.

"Licensee" means a person issued a license to carry a concealed firearm.

"Peace officer" means (i) any person who by virtue of his or her office or public employment is vested by law with a duty to maintain public order and to make arrests for offenses, whether that duty extends to all offenses or is limited to specific offenses, or (ii) any person who, by statute, is granted and authorized to exercise powers similar to those conferred upon any peace officer employed by a law enforcement agency of this State. The term "peace officer" does not apply to an alderman acting as a conservator of the peace under Section 3.1-15-25 of the Illinois Municipal Code.

Section 250-15. Citizen Safety and Self-Defense Trust Fund. Fees from applications for licenses shall be deposited into the Citizen Safety and Self-Defense Trust Fund, a special fund that is created in the State treasury. Moneys in the Fund may be invested and any income from investments shall be deposited into the Fund. Subject to appropriation, moneys in the Fund shall exclusively be used to assist the Department with the administrative costs associated with this Act.

Section 250-20. Issuance of licenses to carry a concealed firearm.

(a) The Department shall issue a license to an applicant who (i) meets the qualifications of Section 250-25 or Section 250-65; (ii) has provided the application and documentation required in Section 250-30; and (iii) has submitted the requisite fees. The Department shall issue a renewal, corrected, or duplicate license in accordance with this Act.

(a-5) The Department is authorized to issue licenses to carry a handgun under this Act. A license shall permit the licensee to:

(1) carry a loaded or unloaded handgun on or about his or her person, concealed or otherwise;

(2) keep or carry a loaded or unloaded handgun on or about his or her person when in a vehicle; and

(3) keep a loaded or unloaded handgun openly or concealed in a vehicle.

(a-10) A licensee shall possess a license at all times the licensee carries a concealed firearm except (i) if the person is carrying or possessing a concealed firearm and the person is on his or her land, or in his or her abode or legal dwelling, or in the abode or legal dwelling of another person as an invitee with that person's permission; (ii) if the person is authorized to carry a firearm under Section 24-2 of the Criminal Code of 2012; or (iii) the handgun is broken down in a non-functioning state, or is not immediately accessible, or is enclosed in a case, firearm carrying box, shipping box or any other container.

(a-15) A licensee shall display the license upon the request of a peace officer or person designated to enforce the provisions of Section 250-70 when carrying a handgun under the provisions of this Act.

(b) The Department shall make applications for a license available upon the effective date of this Act. Applications shall be available at Department locations, on the Department's official website, and any other location designated by the Department.

(c) A completed application for a license shall be submitted to the Department with all accompanying materials and fees. The Department shall promptly return an incomplete application to the applicant. Each applicant for a license shall submit an $80 application fee to the Department, $75 of which shall be deposited into the State Police Firearm Services Fund for use in administering the Firearm Owners Identification Act and this Act, and $5 of which shall be used to ensure the reporting of individuals prohibited from owning or possessing firearms due to mental health disqualifiers to the Department by the Department of Human Services.

(d) The Department may consider an objection to an application, provided the objection is in writing, includes specific reasons for the objection, and is submitted with the application by a municipal law enforcement agency or sheriff. Any objection submitted by a sheriff or a municipal law enforcement agency including reports submitted to the Department must be disclosed to the applicant unless disclosure would interfere with a criminal investigation. The Department shall maintain a database of applicants searchable by county that may be accessible by sheriffs for use in filing an objection under this subsection.

If an applicant has been arrested 5 times or more for any reason within the past 7 years, or has been arrested 3 times or more within the past 7 years for any combination of gang-related offenses, then the Department shall notify the municipal law enforcement agency and sheriff of the applicant's application. In such a case, it is presumed that the municipal law enforcement agency and sheriff object to the applicant's application, unless the municipal law enforcement agency and sheriff affirmatively state, in writing, that it does not object to the application. For purposes of this subsection, "gang-related offense" is an offense described in paragraph (1) of subsection (a) of Section 12-6.2, Section 12-6.4, paragraph (2) of subsection (b) of 16-30, Section 24-1.8, Section 25-5, paragraph (2) of subsection (b) of Section 31-4, Section 33-4, Section 33G-4, and subparagraph (iii) of paragraph (1.5) of subsection (i) of Section 48-1 of the Criminal Code of 2012.

(e) Notwithstanding subsection (a), the Department may consider any objection or recommendation made by the sheriff or a municipal law enforcement agency that demonstrates the applicant is a danger to himself, herself, or others. Based upon those objections, if the applicant is found by the Department to be a danger to himself, herself, or others, the Department shall deny the application and notify the applicant and the sheriff or the municipal law enforcement agency in writing, stating the grounds for denial. The notice of denial must inform the applicant that he or she may, within 90 days for the first year after this Act takes effect and within 45 days thereafter, appeal the denial and submit additional materials relevant to the grounds for denial. Upon receiving the additional documentation, the Department shall reconsider its decision and inform the applicant within 30 days of the result of the reconsideration. If upon reconsideration the Department denies the application, the applicant must be informed of the right to administrative review.

(f) During an administrative or judicial review of a denial based on subsection (d) or (e) of this Section, the Department shall have the burden of proving by clear and convincing evidence that the applicant would pose a danger to the applicant's self, another, or public safety, or would use a firearm unlawfully, if granted a license to carry a concealed firearm under this Act.

(g) The license shall be issued by the Department within 30 days of receipt of a completed application. A license shall be valid throughout the State for a period of 5 years. If the Department does not act on the application within the time period provided in subsection (e), the applicant may file, in the circuit court of the judicial circuit in which the applicant resides, a complaint for mandamus to compel a decision on the application. If the applicant prevails, he or she shall be entitled to all costs, fees, and damages. If the court decides that the reason for the denial was arbitrary, capricious, malicious, or without merit, the court shall award punitive damages.

(h) Any Illinois resident who has a license or permit to carry a handgun issued by another state shall be able to carry a handgun in accordance with this Act using that license for 365 days following the effective date of this Act.

(i) The Department shall adopt rules to implement the provisions of this Section.

Section 250-25. Qualifications of an applicant for a license. The Department shall issue a license to an applicant completing an application in accordance with Section 250-30 of this Act if the person:

(a) is at least 21 years of age;

(b) has a valid Firearm Owner's Identification Card or, if applying for a non-resident license, has a notarized document stating that the applicant is eligible under federal law and the laws of his or her home state to possess a firearm;

(c) is not prohibited under the Firearm Owners Identification Card Act or federal law from possessing or receiving a firearm;

(d) is not the subject of a pending arrest warrant, prosecution, or proceeding for an offense or action that could lead to disqualification under subsection (c);

(e) does not chronically or habitually abuse alcoholic beverages, as evidenced by either of the following within the 3 years immediately preceding the application:

(1) residential or court-ordered treatment for alcoholism or alcohol detoxification; or

(2) 2 or more convictions for driving while under the influence or driving while intoxicated; and

(f) has completed firearms training and any educational component required in Section 250-85 of this Act.

Section 250-30. Contents of application.

(a) The application shall be in writing, under oath and penalty of perjury, on a standard form adopted by the Department and shall be accompanied by the documentation required in this Section and all applicable fees.

(b) The application shall contain the following information:

(1) the applicant's name, current address, gender, date and year of birth, place of birth, height, weight, hair color, eye color, maiden name or any other name the applicant has used or identified with, and any address at which the applicant resided for more than 30 days within the 5 years preceding the date of the application;

(2) the applicant's drivers license or state identification card number and the last 4 digits of the applicant's social security number;

(3) questions to certify or demonstrate the applicant has completed firearms training and any educational component required in Section 250-85 of this Act;

(4) a statement that the applicant is a resident of the State of Illinois, except persons applying under Section 250-65 shall be instructed to submit the information required in that Section;

(5) a waiver of privacy and confidentiality rights and privileges enjoyed by the applicant under State and federal law sufficient to obtain access to juvenile court, criminal justice, psychological, or psychiatric records, or records relating to the applicant's history, if any, of institutionalization or inpatient treatment for alcoholism or alcohol detoxification, as well as an affirmative request that any person having custody of those records provide copies of them or information concerning them to the Department for the sole purpose of making a determination of an applicant's eligibility under Section 250-25;

(6) a conspicuous warning that false statements made by the applicant will result in prosecution for perjury in accordance with Section 32-2 of the Criminal Code of 2012;

(7) an affirmation that the applicant either possesses a currently valid Illinois Firearm Owner's Identification Card, in which case the application shall include the card number, or is applying for the card in conjunction with the application for a license, except persons applying under Section 250-65 shall be instructed to submit a copy of a valid license to carry a handgun issued by their home state, if applicable, or submit a notarized document stating the applicant is eligible under the laws of his or her home state to possess a handgun;

(8) an affirmation that the applicant meets the requirements of Section 250-25 and is not prohibited under the Firearm Owners Identification Card Act or federal law from possessing a firearm; and

(9) an affirmation that the applicant has read and understands Article 7 of the Criminal Code of 2012 (Justifiable Use of Force; Exoneration).

(c) A person applying for a license shall provide a head and shoulder color photograph in a size specified by the Department that was taken within the 30 days preceding the date of the application. The applicant shall consent to the Department reviewing and using the applicant's digital driver's license or Illinois Identification Card photograph and signature, if available. The Secretary of State shall allow the Department access to the photograph and signature for the purpose of identifying the applicant and issuing the applicant a license.

(d) The Department may request a person applying for a license to submit a full set of legible fingerprints if necessary to determine the person's identity. Fingerprinting may be administered by the Department or any other federal, State, county, or municipal law enforcement agency or private vendor or company. The cost of fingerprinting shall be paid by the applicant, provided that the Department or law enforcement agency may charge no more than $15 for a single set of fingerprints. Each applicant for a license that the Department requests to have his or her fingerprints submitted to the Department shall submit them in an electronic format that complies with the form and manner for requesting and furnishing criminal history record information as prescribed by the Department. These fingerprints shall be checked against the Department and the Federal Bureau of Investigation criminal history record databases. The Department shall charge applicants a fee for conducting the criminal history records check, which shall be deposited in the State Police Services Fund and shall not exceed the actual cost of the criminal history records check.

(e) A person applying for a license shall submit a photocopy of a certificate or other evidence of completion of a course to show compliance with Section 250-85 of this Act.

(f) The Department is authorized to establish a system for electronically submitting applications, including applications for renewal or a replacement license.

Section 250-35. Database of applicants and licensees. Not more than one year after the effective date of this Act:

(a) The Department shall maintain a database of applicants for a license and licenses. The database shall be available to all Illinois law enforcement agencies, State's Attorneys, and the Attorney General. Members and staff of the judiciary may access the database for the purpose of determining whether to confiscate a license or to ensure compliance with this Act or any other law. The database shall be searchable and provide all information included in the application, a photo of the applicant or licensee, and any information related to violations of this Act.

(a-5) Individual law enforcement agencies or any other entity of local government shall not maintain any separate records, lists, or searchable databases of applicants and licensees containing information included in the Department's database. Any law enforcement agency or other entity that violates this Section shall be liable for all costs, fees, and damages of not less than $5,000 per record or name kept in violation of this Section.

(b) The Department shall make available on its website and upon request under the Freedom of Information Act statistical information about the number of licenses issued by county, age, race, or gender. The report shall be updated monthly. Except as provided in this subsection, applications and information in the database shall be confidential and exempt from disclosure under the Freedom of Information Act. The Department may answer requests to confirm or deny whether a person has been issued a license as part of inquiries dealing with a criminal investigation. Individual law enforcement agencies, State's Attorneys, the Attorney General, members of the judiciary, and judicial staff shall sign a confidentiality agreement, prepared by the Department, prior to receiving access to the database. No law enforcement agency, State's Attorney, the Attorney General, or member or staff of the judiciary, other than the Department, shall provide any information to a requester not entitled to it by law, except as required or necessary for the conduct of a criminal investigation.

Section 250-40. Suspension or revocation of a license.

(a) A license issued or renewed under this Act shall be revoked if, at any time, the licensee is found ineligible for a license based on the criteria set forth in Section 250-25 of this Act or the licensee no longer possesses a Firearm Owner's Identification Card or a non-resident licensee if his or her home state has revoked a license to carry a firearm. A license shall not be revoked unless the revocation is for reasons specifically authorized by this Act. This subsection shall not apply to a person who has filed an application with the State Police for renewal of a Firearm Owner's Identification Card and who is not otherwise ineligible to obtain a Firearm Owner's Identification Card.

(b) A license shall be suspended if an order of protection under Section 112A-14 of the Code of Criminal Procedure of 1963 or under Section 214 of the Illinois Domestic Violence Act of 1986 is issued against a licensee. The license shall be suspended for the duration of the order or until the order is terminated by a court and the Department shall not reissue or renew a license for the duration of the order or until the order is terminated. If an order of protection is issued against a licensee, the licensee shall surrender the license, as applicable, to the court at the time the order is entered or to the law enforcement agency or entity designated to serve process at the time the licensee is served the order. The court, law enforcement agency, or entity responsible for serving the order shall transmit the license to the Department.

(c) The Department may suspend a license for a violation of Section 250-70 of this Act in accordance with subsection (i) of Section 250-70.

(d) A license shall be invalid upon expiration of the license, unless the licensee has submitted an application to renew the license. A person who fails to renew his or her license within 6 months after its expiration must reapply for a new license and pay the fee for a new application.

(e) The Department may suspend a license for up to 90 days if a licensee fails to submit a change of address or name or fails to report a lost or destroyed license to the Department within 60 days of the discovery of the loss or destruction of the license.

Section 250-45. Renewal of license.

(a) Not later than 120 days before the expiration of any license issued under this Act, the Department shall notify the licensee in writing of the expiration and furnish an application for renewal of the license or make the application available on-line.

(b) Applications for renewal of a license shall be made to the Department. A license shall be renewed for a period of 5 years upon receipt of a completed renewal application and a $25 renewal fee. An applicant for a renewal shall submit, on a form prescribed by the Department, proof that the applicant has: (i) participated in at least one shooting competition with a handgun within 6 months of the application for renewal and attested to by any instructor qualified under this Act; or (ii) completed an equivalent range exercise as prescribed in Section 250-85 and attested to by any instructor qualified under this Act. The Department shall make the range recertification form available on its website or as part of a renewal application.

Section 250-50. Change of address, change of name, or lost or destroyed licenses.

(a) The licensee shall notify the Department within 60 days of: (i) moving or changing a residence or any change of name; or (ii) the discovery of the loss or destruction of a license.

(b) If a licensee changes residence within this State or changes his or her name, the licensee shall request a new license. The licensee shall submit a $25 fee, a notarized statement that the licensee has changed residence or his or her name, and a photograph as required in Section 250-30 of this Act. The statement must include the prior and current address or name and the date the applicant moved or changed his or her name.

(c) A lost or destroyed license shall be invalid. To request a new license, the licensee shall submit (i) a $25 fee, (ii) a notarized statement that the licensee no longer possesses the license and that it was lost or destroyed, or (iii) a copy of a police report stating that the license was lost, destroyed, or stolen, and (iv) a photograph as required in Section 250-30 of this Act.

Section 250-65. Non-resident applications and reciprocity.

(a) A person from another state or territory of the United States may apply for a non-resident license. The applicant shall apply to the Department and must meet the qualifications established in Section 250-25. The applicant shall submit:

(1) the application and documentation required in Section 250-30;

(2) a notarized document stating the applicant:

(A) is eligible under federal law and the laws of his or her home state to possess a firearm;

(B) if applicable, has a license or permit to carry a firearm or concealed firearm issued by his or her home state and that a copy is attached to the application;

(C) is familiar with Illinois laws pertaining to the possession and transport of firearms; and

(D) acknowledges that the applicant is subject to the jurisdiction of the Department and Illinois courts for any violation of this Act; and

(3) a $25 application fee.

In lieu of an Illinois State driver's license or identification card, the person shall provide similar documentation from his or her state or territory; a non-resident shall not be required to have a Firearm Owner's Identification Card.

(b)(1) Notwithstanding subsection (a) a nonresident of Illinois may carry a handgun in accordance with this Act if the nonresident:

(A) is 21 years of age or older;

(B) has in his or her immediate possession a valid license that authorizes the individual to carry a concealed firearm issued to him or her by his or her home state; and

(C) is a legal resident of the United States.

The Department shall recognize any other state's license or permit whose requirements to obtain a license or permit is substantially similar to those requirements contained in Section 250-85. When required by another state, the Department shall enter into a reciprocal agreement with that state. Those states with substantially similar laws include, but are not limited to: Arizona, California, Florida, Iowa, Kentucky, Michigan, Minnesota, Missouri, New Mexico, Ohio, Tennessee, Texas, and Wisconsin.

(2) A nonresident is subject to the same laws and restrictions with respect to carrying a handgun as a resident of Illinois who is licensed under this Act.

(3) If the resident of another state who is the holder of a valid license to carry a concealed weapon or concealed firearm issued in another state establishes legal residence in this State the license shall remain in effect for 90 days following the date on which the holder of the license establishes legal residence in this State. For the purposes of this paragraph, the person may establish legal residence in this State by: (A) registering to vote; or (B) obtaining an Illinois driver's license or state identification card; or (C) filing for homestead tax exemption on property in this State.

Section 250-70. Restrictions.

(a) No license issued under this Act shall authorize any person to knowingly carry a concealed firearm into:

(1) Any building under control of the General Assembly or any of its support service agencies, including the portion of a building in which a committee of the General Assembly convenes for the purpose of conducting meetings of committees, joint committees, or legislative commissions; except that nothing in this Section shall prevent a member of the General Assembly from allowing licensees to carry a firearm into his or her district office.

(2) Any courthouse or part of that building that is occupied by the Circuit, Appellate, or Supreme Court, or a room designated for court proceedings by any of these courts, except as provided in subsection (a-5).

(3) Any meeting of the governing body of a unit of local government or special district.

(4) Any establishment licensed to dispense alcoholic beverages for consumption on the premises if less than 50% of its annual gross income comes from the sale of food.

(5) Any secure area of an airport to which access is controlled by the inspection of persons and property.

(6) Any place where the carrying of a firearm is prohibited by federal law.

(7) Any elementary or secondary school building without the consent of school authorities. School authorities shall inform the appropriate law enforcement agency and any law enforcement personnel on site of that consent.

(8) Any portion of a building used as a child care facility without the consent of the owner or manager. Nothing in this Section shall prevent the operator of a child care facility in a family home from owning or possessing a firearm or license.

(9) Any casino licensed under the Riverboat Gambling Act. This shall not apply to any place of business that is not a casino licensed for video gaming.

(10) Any gated area of an amusement park.

(11) Any stadium, arena, or collegiate or professional sporting event.

(12) A residential mental health facility.

(13) Any community college, college, or university building without consent of the school authorities. School authorities shall inform the appropriate law enforcement agency and any law enforcement personnel on site of that consent. A community college, college, or university may prohibit the carrying of a firearm on its campus.

(14) A public library building without the written consent of the library's governing body. The governing body shall inform the appropriate law enforcement agency of that consent.

(15) Any police, sheriff, or State Police office or station without the consent of the chief law enforcement officer in charge of that office or station.

(16) Any adult or juvenile detention or correctional institution, prison, or jail.

(a-5) Judges, State's Attorneys and assistant State's Attorneys with the permission of the State's Attorney, who possess a valid license under this Act may possess a firearm in any courthouse in which they are employed, but shall be required to follow any rules applicable to sworn peace officers to maintain facility security.

(b) A municipality, county, or school district may prohibit or limit licensees from carrying a firearm into or within any building or portion of any building owned, leased, or controlled by the municipality, county, or school district by a majority vote of the members of its legislative body or governing board. The resolution, ordinance, or policy shall not prohibit a licensee from carrying a concealed firearm into or within any building used for public housing; into or within any publicly-accessible restroom or rest stop; into, within, or on any bridge, tunnel, overpass, underpass, elevated walkway, or other structure used as a public right of way; or into or within any publicly-accessible parking facility. The resolution, ordinance, or policy shall not prohibit a licensee from carrying a concealed firearm in a public transportation facility or while accessing the services of a public transportation agency, including while traveling via public transportation. For purposes of this Section, "public transportation agency" means a public or private agency, or any combination thereof, that provides for the transportation or conveyance of persons by means available to the general public, except taxicabs, livery cabs, or limousines. Violators of the resolution or ordinance may be removed from the premises and assessed a civil fine of up to $100.

(c) The owner of a business or commercial lessee, or a private business enterprise, or any other private organization, entity, or person, may prohibit licensees from carrying a concealed firearm on the premises under its control. However, a private landlord of a residential or commercial property shall not prohibit any lessee from possessing or carrying a firearm in accordance with this Act in or on the leased premises or during ingress or egress of the leased premises. The owner, business or commercial lessee, or manager of a private business enterprise or any other private organization, entity, or person who allows the carrying of a firearm by a licensee shall not be liable for any act of the licensee that arises out of the licensee carrying a firearm.

(c-1) The Governor, Lieutenant Governor, Attorney General, Secretary of State, Comptroller, or Treasurer may prohibit licensees from carrying a handgun in buildings under their control.

(d) Any person licensed under this Act who is prohibited from carrying a concealed firearm into a building by the provisions of subsection (a) or under an ordinance, resolution, or policy adopted in accordance with subsection (b) or (c) shall be permitted to store that firearm or ammunition out of plain sight in his or her locked vehicle or in a locked compartment or container within or securely affixed to the outside of the vehicle. A licensee shall not be in violation of this Section while he or she is traversing a public right of way that touches or crosses any of the premises specified in subsection (a) or from which firearms are prohibited under the provisions of subsection (b) or (c), provided that the firearm is carried on his or her person or in a vehicle in accordance with this Act or is being transported in a case or container in accordance with applicable law. A licensee shall not be in violation of subsection (b) or (c) if the responsible party for the premises fails to conspicuously post notice of the prohibition at all public entrances to the building in accordance with subsection (g).

(e) If a law enforcement officer initiates an investigative stop, including but not limited to a traffic stop, of a licensee who is carrying a concealed firearm under the provisions of this Act, the licensee shall disclose as soon as reasonably possible to the officer that he or she is in possession of a concealed firearm under this Act. Disclosure may be accomplished by oral notification or by providing or displaying the license to carry a concealed firearm to the officer. Any firearm that is removed from a licensee during an investigative stop shall be returned immediately to the licensee in its original condition upon conclusion of the stop unless the licensee is placed under arrest.

(f) A licensee shall not carry a handgun under the provisions of this Act while under the influence of illegal drugs or hallucinogenic drugs or alcohol. For the purposes of this subsection (f), under the influence of alcohol means a blood alcohol content of .08 or greater.

(g) Signs stating that the carrying of a firearm is prohibited shall be clearly and conspicuously posted at every entrance of a building or premises specified in subsection (a) or designated in accordance with subsection (b) or (c). Signs shall be of a uniform size and design, not smaller than 8 inches by 10 inches as prescribed by the Department. The Department shall adopt rules for standardized signs to be used under this subsection.

(h) A violation of subsection (a), (b), (c), (d), or (f), shall not be a criminal offense, but the licensee may be denied access to or removed from the premises by management, administration, or an authorized agent of the facility. If the licensee refuses to obey these requests, law enforcement may be summoned and the licensee may be cited for a petty offense and fined not more than $100 plus costs for the first offense. If a second violation occurs within 6 months of the first, the fine may be up to $200 plus costs and the license to carry a handgun may be suspended for 30 days. If a third violation occurs within a year of the first offense, the fine may be up to $500 plus costs and the license may be suspended for 6 months. If a licensee has more than 5 violations in 2 years for the above offenses, the Department may revoke the license to carry a handgun and the licensee shall not be eligible to receive another license for a period of 3 years after the last violation. After the revocation period expires, the licensee shall file a new application with new documentation as prescribed in Section 250-30 or Section 250-65 in order to receive a new license.

(i) A violation of subsection (e) is a petty offense; the licensee may be fined up to $200 plus costs plus a $50 fee to be deposited in the Citizen Safety and Self-Defense Fund. A second violation of subsection (e) may carry a fine of up to $500 plus costs and $50 fee and suspension of the license for up to 6 months. A licensee with 3 or more violations of subsection (e) within 2 years may have his or her license revoked for up to 3 years. After the revocation period expires, the licensee shall file a new application with new documentation as prescribed in Section 250-30 or Section 250-65 in order to receive a new license.

Section 250-75. Immunity, employees, and agents. The office of the county sheriff, or any employee or agent of the county sheriff, or the Department of State Police shall not be liable for damages in any civil action arising from alleged wrongful or improper granting, renewing, or failure to revoke licenses issued under this Act, except for willful or wanton misconduct. The office of the county sheriff and any employees or agents shall not be liable for submitting specific or articulable reasons why an applicant should be denied a license, unless the objection contains false, malicious, or inaccurate information and the objection constituted willful and wanton misconduct. Any owner, business or commercial lessee, landlord, manager of a private business enterprise, employer, or any other organization, entity, person, public or private college, university, or post-secondary educational institution that does not prohibit licensees from carrying firearms on property it owns or occupies is immune from any liability arising from its decision.

Section 250-80. Fees.

(a) Fees collected under this Act by the Department and deposited into the Citizen Safety and Self-Defense Trust Fund shall be appropriated for administration of this Act.

(b) Fees shall be:

New license: $80.

Renewal of license: $25.

Duplicate license due to lost or destroyed: $15.

Corrected license due to change of address or name: $15.

(c) By March 1 of each year, the Department shall submit a statistical report to the Governor, the President of the Senate, and the Speaker of the House of Representatives indicating the number of licenses issued, revoked, suspended, denied, and issued after appeal since the last report and in total and also the number of licenses currently valid. The report shall also include the number of arrests and convictions and the types of crimes committed by licensees since the last report.

(d) The Secretary of State shall conduct a study to determine the cost and feasibility of creating a method of adding an identifiable code, background, or other means to show that an individual has been issued a license by the Department on the person's driver's license or State-issued identification card.

Section 250-85. Applicant training.

(a) Applicants shall provide proof of completion of at least one of the following courses:

(1) National Rifle Association Basic Personal Protection In The Home Course.

(2) National Rifle Association Basics of Personal Protection Outside The Home Course.

(3) National Rifle Association Basic Pistol Shooting Course.

(4) Any other firearms training course of at least 6 hours that covers the following:

(A) handgun safety in the classroom, at home, on the firing range, and while carrying the firearm;

(B) the basic principles of marksmanship;

(C) care and cleaning of handguns;

(D) laws relating to the justifiable use of force.

(b) Applicants shall provide proof of certification by a certified instructor that the applicant passed a live fire exercise with a handgun consisting of:

(1) a minimum of 30 rounds; and

(2) 10 rounds from a distance of 5 yards, 10 rounds from a distance of 7 yards, and 10 rounds from a distance of 10 yards at a B-27 silhouette or equivalent target as approved by the Department.

(b-5) Students may provide their own safe, functional handgun. The qualification shall be performed with factory-loaded ammunition.

(b-6) Grades of "passing" shall not be given on range work to an applicant who:

(1) does not follow the orders of the certified firearms instructor;

(2) in the judgment of the certified firearms instructor, handles a firearm in a manner that poses a danger to the applicant or to others; or

(3) during the testing portion of the range work fails to hit the silhouette portion of the target with 70% of the 30 rounds fired.

(c) The classroom portion of the course may, at the qualified firearms instructor's discretion, be divided into segments of not less than 2 hours each.

(d) Instructors shall maintain all records for students' performance for not less than 5 years.

(e) Certified firearms instructors shall:

(1) allow monitoring of their classes by officials of any certifying agency;

(2) make all course records available upon demand to authorized personnel of the Department; and

(3) not divulge course records except as authorized by the certifying agency.

(f) Fees for applicant training courses shall be set by the instructor.

(g) An applicant training course shall not have more than 40 students in the classroom portion nor more than 5 students per range officer engaged in range firing.

(h) Persons with the following training or certifications are exempt from the requirements of subsection (a) of this Section:

(1) An National Rifle Association certified instructor.

(2) An individual who has qualified to carry a firearm as a retired law enforcement officer.

(3) Any active, retired, or honorably discharged member of the armed forces.

(4) An individual certified as a law enforcement instructor by the Illinois Law Enforcement Training Standards Board or other equivalent agency.

Section 250-90. Firearms instructors training.

(a) Not later than 30 days after the effective date of this Act, the Department shall establish a registry of instructors who are eligible to teach courses or sign off on range qualifications, or both, to meet the requirements of Section 250-85 of this Act.

(b) Instructors who are eligible to teach courses and certify range qualifications shall have one of the following valid firearms instructor certifications:

(1) National Rifle Association Personal Protection Instructor;

(2) National Rifle Association Basic Pistol Instructor;

(3) National Rifle Association Law Enforcement Firearm Instructor with a certification for handguns;

(4) Certification from a firearms instructor's course offered by a State or federal governmental agency; or

(5) A similar firearms instructor qualifying course approved by the Illinois Law Enforcement Training Standards Board.

(c) Instructors who are eligible to teach courses and certify range qualifications shall be at least 21 years of age and possess at least a high school diploma or GED certificate.

(d) An applicant may have his or her instructor qualification revoked if the applicant:

(1) does not meet the requirements of this Act to possess a concealed firearms permit;

(2) provides false or misleading information to the Board; or

(3) has had a prior instructor qualification revoked by the Board or other certifying organization.

Section 250-95. Home Rule Preemption. The regulation and licensing of firearms, including their possession, carrying, transportation, or the issuance of licenses to carry concealed firearms, is an exclusive power and function of the State. Except as provided in subsection (b) of Section 250-70, a home rule unit shall not regulate the possession, carrying, or transportation of firearms, their components or accessories, or ammunition. A home rule unit shall not require registration of firearms, regulate the number of firearms, or make any other requirements or regulations of a person licensed under this Act. This Section is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the exercise by home rule units of powers and functions exercised by the State. Any unit of local government that violates this Section shall be liable for all costs, fees, and damages to anyone impacted by any rule or ordinance.

Section 250-100. Expedited appeal. A judgment of a circuit court declaring this Act or any part of this Act unconstitutional or unenforceable is appealable directly to the Supreme Court. The notice of appeal shall be filed within 30 days after the judgment of the circuit court declaring this Act or any part of this Act unconstitutional or unenforceable. The manner of appeal shall be as provided in Supreme Court Rules.

Section 250-105. Severability. The provisions of this Act are severable under Section 1.31 of the Statute on Statutes.

Section 255-5. The Freedom of Information Act is amended by changing Section 7.5 as follows:

(5 ILCS 140/7.5)

Sec. 7.5. Statutory Exemptions. To the extent provided for by the statutes referenced below, the following shall be exempt from inspection and copying:

(a) All information determined to be confidential under Section 4002 of the Technology Advancement and Development Act.

(b) Library circulation and order records identifying library users with specific materials under the Library Records Confidentiality Act.

(c) Applications, related documents, and medical records received by the Experimental Organ Transplantation Procedures Board and any and all documents or other records prepared by the Experimental Organ Transplantation Procedures Board or its staff relating to applications it has received.

(d) Information and records held by the Department of Public Health and its authorized representatives relating to known or suspected cases of sexually transmissible disease or any information the disclosure of which is restricted under the Illinois Sexually Transmissible Disease Control Act.

(e) Information the disclosure of which is exempted under Section 30 of the Radon Industry Licensing Act.

(f) Firm performance evaluations under Section 55 of the Architectural, Engineering, and Land Surveying Qualifications Based Selection Act.

(g) Information the disclosure of which is restricted and exempted under Section 50 of the Illinois Prepaid Tuition Act.

(h) Information the disclosure of which is exempted under the State Officials and Employees Ethics Act, and records of any lawfully created State or local inspector general's office that would be exempt if created or obtained by an Executive Inspector General's office under that Act.

(i) Information contained in a local emergency energy plan submitted to a municipality in accordance with a local emergency energy plan ordinance that is adopted under Section 11-21.5-5 of the Illinois Municipal Code.

(j) Information and data concerning the distribution of surcharge moneys collected and remitted by wireless carriers under the Wireless Emergency Telephone Safety Act.

(k) Law enforcement officer identification information or driver identification information compiled by a law enforcement agency or the Department of Transportation under Section 11-212 of the Illinois Vehicle Code.

(l) Records and information provided to a residential health care facility resident sexual assault and death review team or the Executive Council under the Abuse Prevention Review Team Act.

(m) Information provided to the predatory lending database created pursuant to Article 3 of the Residential Real Property Disclosure Act, except to the extent authorized under that Article.

(n) Defense budgets and petitions for certification of compensation and expenses for court appointed trial counsel as provided under Sections 10 and 15 of the Capital Crimes Litigation Act. This subsection (n) shall apply until the conclusion of the trial of the case, even if the prosecution chooses not to pursue the death penalty prior to trial or sentencing.

(o) Information that is prohibited from being disclosed under Section 4 of the Illinois Health and Hazardous Substances Registry Act.

(p) Security portions of system safety program plans, investigation reports, surveys, schedules, lists, data, or information compiled, collected, or prepared by or for the Regional Transportation Authority under Section 2.11 of the Regional Transportation Authority Act or the St. Clair County Transit District under the Bi-State Transit Safety Act.

(q) Information prohibited from being disclosed by the Personnel Records Review Act.

(r) Information prohibited from being disclosed by the Illinois School Student Records Act.

(s) Information the disclosure of which is restricted under Section 5-108 of the Public Utilities Act.

(t) All identified or deidentified health information in the form of health data or medical records contained in, stored in, submitted to, transferred by, or released from the Illinois Health Information Exchange, and identified or deidentified health information in the form of health data and medical records of the Illinois Health Information Exchange in the possession of the Illinois Health Information Exchange Authority due to its administration of the Illinois Health Information Exchange. The terms "identified" and "deidentified" shall be given the same meaning as in the Health Insurance Accountability and Portability Act of 1996, Public Law 104-191, or any subsequent amendments thereto, and any regulations promulgated thereunder.

(u) Records and information provided to an independent team of experts under Brian's Law.

(v) Names and information of people who have applied for or received Firearm Owner's Identification Cards under the Firearm Owners Identification Card Act.

(w) Personally identifiable information which is exempted from disclosure under subsection (g) of Section 19.1 of the Toll Highway Act.

(x) Information which is exempted from disclosure under Section 5-1014.3 of the Counties Code or Section 8-11-21 of the Illinois Municipal Code.

(y) Information maintained by the Department of State Police in accordance with subsection (a) of Section 250-35 of the Family and Personal Protection Act, except as authorized by that Act.

(Source: P.A. 96-542, eff. 1-1-10; 96-1235, eff. 1-1-11; 96-1331, eff. 7-27-10; 97-80, eff. 7-5-11; 97-333, eff. 8-12-11; 97-342, eff. 8-12-11; 97-813, eff. 7-13-12; 97-976, eff. 1-1-13.)

Section 255-10. The Department of State Police Law of the Civil Administrative Code of Illinois is amended by changing Sections 2605-45 and 2605-300 and by adding Section 2605-595 as follows:

(20 ILCS 2605/2605-45) (was 20 ILCS 2605/55a-5)

Sec. 2605-45. Division of Administration. The Division of Administration shall exercise the following functions:

(1) Exercise the rights, powers, and duties vested in the Department by the Governor's Office of Management and Budget Act.

(2) Pursue research and the publication of studies pertaining to local law enforcement activities.

(3) Exercise the rights, powers, and duties vested in the Department by the Personnel Code.

(4) Operate an electronic data processing and computer center for the storage and retrieval of data pertaining to criminal activity.

(5) Exercise the rights, powers, and duties vested in the former Division of State Troopers by Section 17 of the State Police Act.

(6) Exercise the rights, powers, and duties vested in the Department by "An Act relating to internal auditing in State government", approved August 11, 1967 (repealed; now the Fiscal Control and Internal Auditing Act, 30 ILCS 10/).

(6.5) Exercise the rights, powers, and duties vested in the Department by the Firearm Owners Identification Card Act.

(6.10) Exercise the rights, powers, and duties vested in the Department by the Family and Personal Protection Act.

(7) Exercise other duties that may be assigned by the Director to fulfill the responsibilities and achieve the purposes of the Department.

(Source: P.A. 94-793, eff. 5-19-06.)

(20 ILCS 2605/2605-300) (was 20 ILCS 2605/55a in part)

Sec. 2605-300. Records; crime laboratories; personnel. To do the following:

(1) Be a central repository and custodian of criminal statistics for the State.

(2) Be a central repository for criminal history record information.

(3) Procure and file for record information that is necessary and helpful to plan programs of crime prevention, law enforcement, and criminal justice.

(4) Procure and file for record copies of fingerprints that may be required by law.

(5) Establish general and field crime laboratories.

(6) Register and file for record information that may be required by law for the issuance of firearm owner's identification cards under the Firearm Owners Identification Card Act and concealed carry licenses under the Family and Personal Protection Act.

(7) Employ polygraph operators, laboratory technicians, and other specially qualified persons to aid in the identification of criminal activity.

(8) Undertake other identification, information, laboratory, statistical, or registration activities that may be required by law.

(Source: P.A. 90-18, eff. 7-1-97; 90-130, eff. 1-1-98; 90-372, eff. 7-1-98; 90-590, eff. 1-1-00; 90-655, eff. 7-30-98; 90-793, eff. 8-14-98; 91-239, eff. 1-1-00.)

(20 ILCS 2605/2605-595 new)

Sec. 2605-595. State Police Firearm Services Fund.

(a) There is created in the State treasury a special fund known as the State Police Firearm Services Fund. The Fund shall receive revenue as provided under Section 5 of the Firearm Owners Identification Card Act, and under the Family and Personal Protection Act. The Fund may also receive revenue from grants, pass-through grants, donations, appropriations, and any other legal source.

(b) The Department of State Police may use moneys in the Fund to finance any of its lawful purposes, mandates, functions, and duties under the Firearm Owners Identification Card Act or the Family and Personal Protection Act, including the cost of sending notices of expiration of Firearm Owner's Identification Cards and concealed carry licenses, the prompt and efficient processing of applications under the Firearm Owners Identification Card Act and the Family and Personal Protection Act, and support for investigations required under these Acts.

(c) Investment income that is attributable to the investment of moneys in the Fund shall be retained in the Fund for the uses specified in this Section.

(d) The State Police Firearm Services Fund shall not be subject to fund sweeps or administrative chargebacks.

Section 255-15. The State Police Act is amended by adding Section 25 as follows:

(20 ILCS 2610/25 new)

Sec. 25. Emergency procurement authorized. In order to comply with recent court rulings regarding concealed carry in Illinois, the provisions of this amendatory Act of the 98th General Assembly, together with any procurements necessary for the implementation of the Family and Personal Protection Act, shall be eligible for emergency procurement for a period not more than 180 days after the effective date of this amendatory Act.

Section 255-20. The State Finance Act is amended by adding Sections 5.826 and 5.827 as follows:

(30 ILCS 105/5.826 new)

Sec. 5.826. The Citizen Safety and Self-Defense Trust Fund.

(30 ILCS 105/5.827 new)

Sec. 5.827. The State Police Firearm Services Fund.

(30 ILCS 105/5.206 rep.)

Section 255-25. The State Finance Act is amended by repealing Section 5.206.

Section 255-30. The Firearm Owners Identification Card Act is amended by changing Section 5 and by adding Section 5.1 as follows:

(430 ILCS 65/5) (from Ch. 38, par. 83-5)

Sec. 5. The Department of State Police shall either approve or deny all applications within 30 days from the date they are received, and every applicant found qualified pursuant to Section 8 of this Act by the Department shall be entitled to a Firearm Owner's Identification Card upon the payment of a $10 fee. Any applicant who is an active duty member of the Armed Forces of the United States, a member of the Illinois National Guard, or a member of the Reserve Forces of the United States is exempt from the application fee. $6 of each fee derived from the issuance of Firearm Owner's Identification Cards, or renewals thereof, shall be deposited in the Wildlife and Fish Fund in the State Treasury; $1 of such fee shall be deposited in the State Police Services Fund and $3 of such fee shall be deposited in the State Police Firearm Services Fund Firearm Owner's Notification Fund. Monies in the State Police Firearm Services Fund Firearm Owner's Notification Fund shall be used exclusively to pay for the cost of sending notices of expiration of Firearm Owner's Identification Cards under Section 13.2 of this Act, and the purposes specified in Section 2605-595 of the Department of State Police Law of the Civil Administrative Code of Illinois. Excess monies in the Firearm Owner's Notification Fund shall be used to ensure the prompt and efficient processing of applications received under Section 4 of this Act.

(Source: P.A. 95-581, eff. 6-1-08; 96-91, eff. 7-27-09.)

(430 ILCS 65/5.1 new)

Sec. 5.1. State Police Firearm Services Fund. All moneys remaining in the Firearm Owner's Notification Fund on the effective date of this amendatory Act of the 98th General Assembly shall be transferred into the State Police Firearm Services Fund, a special fund created in the State treasury, to be expended by the Department of State Police, for the purposes specified in Section 5.

Section 255-35. The Criminal Code of 2012 is amended by changing Sections 21-6, 24-1, 24-1.6, and 24-2 as follows:

(720 ILCS 5/21-6) (from Ch. 38, par. 21-6)

Sec. 21-6. Unauthorized Possession or Storage of Weapons.

(a) Whoever possesses or stores any weapon enumerated in Section 33A-1 in any building or on land supported in whole or in part with public funds or in any building on such land without prior written permission from the chief security officer for that such land or building commits a Class A misdemeanor.

(b) The chief security officer must grant any reasonable request for permission under paragraph (a).

(c) This Section shall not apply to a person acting lawfully under the Family and Personal Protection Act.

(d) Subsection (a) shall not apply to any tenant or resident of any public housing.

(Source: P.A. 89-685, eff. 6-1-97.)

(720 ILCS 5/24-1) (from Ch. 38, par. 24-1)

Sec. 24-1. Unlawful Use of Weapons.

(a) A person commits the offense of unlawful use of weapons when he knowingly:

(1) Sells, manufactures, purchases, possesses or carries any bludgeon, black-jack, slung-shot, sand-club, sand-bag, metal knuckles or other knuckle weapon regardless of its composition, throwing star, or any knife, commonly referred to as a switchblade knife, which has a blade that opens automatically by hand pressure applied to a button, spring or other device in the handle of the knife, or a ballistic knife, which is a device that propels a knifelike blade as a projectile by means of a coil spring, elastic material or compressed gas; or

(2) Carries or possesses with intent to use the same unlawfully against another, a dagger, dirk, billy, dangerous knife, razor, stiletto, broken bottle or other piece of glass, stun gun or taser or any other dangerous or deadly weapon or instrument of like character; or

(3) Carries on or about his person or in any vehicle, a tear gas gun projector or bomb or any object containing noxious liquid gas or substance, other than an object containing a non-lethal noxious liquid gas or substance designed solely for personal defense carried by a person 18 years of age or older; or

(4) Carries or possesses in any vehicle or concealed on or about his person except when on his land or in his own abode, legal dwelling, or fixed place of business, or on the land or in the legal dwelling of another person as an invitee with that person's permission, any pistol, revolver, stun gun or taser or other firearm, except that this subsection (a) (4) does not apply to or affect transportation of weapons that meet one of the following conditions:

(i) are broken down in a non-functioning state; or

(ii) are not immediately accessible; or

(iii) are unloaded and enclosed in a case, firearm carrying box, shipping box, or other container by a person who is not otherwise prohibited from owning or possessing a firearm under State or federal law has been issued a currently valid Firearm Owner's Identification Card; or

(5) Sets a spring gun; or

(6) Possesses any device or attachment of any kind designed, used or intended for use in silencing the report of any firearm; or

(7) Sells, manufactures, purchases, possesses or carries:

(i) a machine gun, which shall be defined for the purposes of this subsection as any weapon, which shoots, is designed to shoot, or can be readily restored to shoot, automatically more than one shot without manually reloading by a single function of the trigger, including the frame or receiver of any such weapon, or sells, manufactures, purchases, possesses, or carries any combination of parts designed or intended for use in converting any weapon into a machine gun, or any combination or parts from which a machine gun can be assembled if such parts are in the possession or under the control of a person;

(ii) any rifle having one or more barrels less than 16 inches in length or a shotgun having one or more barrels less than 18 inches in length or any weapon made from a rifle or shotgun, whether by alteration, modification, or otherwise, if such a weapon as modified has an overall length of less than 26 inches; or

(iii) any bomb, bomb-shell, grenade, bottle or other container containing an explosive substance of over one-quarter ounce for like purposes, such as, but not limited to, black powder bombs and Molotov cocktails or artillery projectiles; or

(8) Carries or possesses any firearm, stun gun or taser or other deadly weapon in any place which is licensed to sell intoxicating beverages for consumption on the premises , or at any public gathering held pursuant to a license issued by any governmental body or any public gathering at which an admission is charged, excluding a place where a showing, demonstration or lecture involving the exhibition of unloaded firearms is conducted.

This subsection (a)(8) does not apply to any auction or raffle of a firearm held pursuant to a license or permit issued by a governmental body, nor does it apply to persons engaged in firearm safety training courses or acting in accordance with the Family and Personal Protection Act; or

(9) Carries or possesses in a vehicle or on or about his person any pistol, revolver, stun gun or taser or firearm or ballistic knife, when he is hooded, robed or masked in such manner as to conceal his identity; or

(10) Carries or possesses on or about his person, upon any public street, alley, or other public lands within the corporate limits of a city, village or incorporated town, except when an invitee thereon or therein, for the purpose of the display of such weapon or the lawful commerce in weapons, or except when on his land or in his own abode, legal dwelling, or fixed place of business, or on the land or in the legal dwelling of another person as an invitee with that person's permission, any pistol, revolver, stun gun or taser or other firearm, except that this subsection (a) (10) does not apply to or affect transportation of weapons that meet one of the following conditions:

(i) are broken down in a non-functioning state; or

(ii) are not immediately accessible; or

(iii) are unloaded and enclosed in a case, firearm carrying box, shipping box, or other container by a person who is not otherwise prohibited from owning or possessing a firearm under State or federal law has been issued a currently valid Firearm Owner's Identification Card.

A "stun gun or taser", as used in this paragraph (a) means (i) any device which is powered by electrical charging units, such as, batteries, and which fires one or several barbs attached to a length of wire and which, upon hitting a human, can send out a current capable of disrupting the person's nervous system in such a manner as to render him incapable of normal functioning or (ii) any device which is powered by electrical charging units, such as batteries, and which, upon contact with a human or clothing worn by a human, can send out current capable of disrupting the person's nervous system in such a manner as to render him incapable of normal functioning; or

(11) Sells, manufactures or purchases any explosive bullet. For purposes of this paragraph (a) "explosive bullet" means the projectile portion of an ammunition cartridge which contains or carries an explosive charge which will explode upon contact with the flesh of a human or an animal. "Cartridge" means a tubular metal case having a projectile affixed at the front thereof and a cap or primer at the rear end thereof, with the propellant contained in such tube between the projectile and the cap; or

(12) (Blank); or

(13) Carries or possesses on or about his or her person while in a building occupied by a unit of government, a billy club, other weapon of like character, or other instrument of like character intended for use as a weapon. For the purposes of this Section, "billy club" means a short stick or club commonly carried by police officers which is either telescopic or constructed of a solid piece of wood or other man-made material.

(b) Sentence. A person convicted of a violation of subsection 24-1(a)(1) through (5), subsection 24-1(a)(10), subsection 24-1(a)(11), or subsection 24-1(a)(13) commits a Class A misdemeanor. A person convicted of a violation subsection 24-1(a)(4) or 24-1(a)(10) who is otherwise eligible to obtain a license under the Family and Personal Protection Act except for the completion of Section 250-85 of the Act is guilty of a Class C misdemeanor. A person convicted of a violation of subsection 24-1(a)(8) or 24-1(a)(9) commits a Class 4 felony; a person convicted of a violation of subsection 24-1(a)(6) or 24-1(a)(7)(ii) or (iii) commits a Class 3 felony. A person convicted of a violation of subsection 24-1(a)(7)(i) commits a Class 2 felony and shall be sentenced to a term of imprisonment of not less than 3 years and not more than 7 years, unless the weapon is possessed in the passenger compartment of a motor vehicle as defined in Section 1-146 of the Illinois Vehicle Code, or on the person, while the weapon is loaded, in which case it shall be a Class X felony. A person convicted of a second or subsequent violation of subsection 24-1(a)(4), 24-1(a)(8), 24-1(a)(9), or 24-1(a)(10) commits a Class 3 felony. The possession of each weapon in violation of this Section constitutes a single and separate violation.

(c) Violations in specific places.

(1) A person who violates subsection 24-1(a)(6) or 24-1(a)(7) in any school, regardless of the time of day or the time of year, in residential property owned, operated or managed by a public housing agency or leased by a public housing agency as part of a scattered site or mixed-income development, in a public park, in a courthouse, on the real property comprising any school, regardless of the time of day or the time of year, on residential property owned, operated or managed by a public housing agency or leased by a public housing agency as part of a scattered site or mixed-income development, on the real property comprising any public park, on the real property comprising any courthouse, in any conveyance owned, leased or contracted by a school to transport students to or from school or a school related activity, in any conveyance owned, leased, or contracted by a public transportation agency, or on any public way within 1,000 feet of the real property comprising any school, public park, courthouse, public transportation facility, or residential property owned, operated, or managed by a public housing agency or leased by a public housing agency as part of a scattered site or mixed-income development commits a Class 2 felony and shall be sentenced to a term of imprisonment of not less than 3 years and not more than 7 years.

(1.5) A person who violates subsection 24-1(a)(4), 24-1(a)(9), or 24-1(a)(10) in any school, regardless of the time of day or the time of year, in residential property owned, operated, or managed by a public housing agency or leased by a public housing agency as part of a scattered site or mixed-income development, in a public park, in a courthouse, on the real property comprising any school, regardless of the time of day or the time of year, on residential property owned, operated, or managed by a public housing agency or leased by a public housing agency as part of a scattered site or mixed-income development, on the real property comprising any public park, on the real property comprising any courthouse, in any conveyance owned, leased, or contracted by a school to transport students to or from school or a school related activity, in any conveyance owned, leased, or contracted by a public transportation agency, or on any public way within 1,000 feet of the real property comprising any school, public park, courthouse, public transportation facility, or residential property owned, operated, or managed by a public housing agency or leased by a public housing agency as part of a scattered site or mixed-income development commits a Class 3 felony.

(2) A person who violates subsection 24-1(a)(1), 24-1(a)(2), or 24-1(a)(3) in any school, regardless of the time of day or the time of year, in residential property owned, operated or managed by a public housing agency or leased by a public housing agency as part of a scattered site or mixed-income development, in a public park, in a courthouse, on the real property comprising any school, regardless of the time of day or the time of year, on residential property owned, operated or managed by a public housing agency or leased by a public housing agency as part of a scattered site or mixed-income development, on the real property comprising any public park, on the real property comprising any courthouse, in any conveyance owned, leased or contracted by a school to transport students to or from school or a school related activity, in any conveyance owned, leased, or contracted by a public transportation agency, or on any public way within 1,000 feet of the real property comprising any school, public park, courthouse, public transportation facility, or residential property owned, operated, or managed by a public housing agency or leased by a public housing agency as part of a scattered site or mixed-income development commits a Class 4 felony. "Courthouse" means any building that is used by the Circuit, Appellate, or Supreme Court of this State for the conduct of official business.

(3) Paragraphs (1), (1.5), and (2) of this subsection (c) shall not apply to law enforcement officers or security officers of such school, college, or university or to students carrying or possessing firearms for use in training courses, parades, hunting, target shooting on school ranges, or otherwise with the consent of school authorities and which firearms are transported unloaded enclosed in a suitable case, box, or transportation package.

(4) For the purposes of this subsection (c), "school" means any public or private elementary or secondary school, community college, college, or university.

(5) For the purposes of this subsection (c), "public transportation agency" means a public or private agency that provides for the transportation or conveyance of persons by means available to the general public, except for transportation by automobiles not used for conveyance of the general public as passengers; and "public transportation facility" means a terminal or other place where one may obtain public transportation.

(d) The presence in an automobile other than a public omnibus of any weapon, instrument or substance referred to in subsection (a)(7) is prima facie evidence that it is in the possession of, and is being carried by, all persons occupying such automobile at the time such weapon, instrument or substance is found, except under the following circumstances: (i) if such weapon, instrument or instrumentality is found upon the person of one of the occupants therein; or (ii) if such weapon, instrument or substance is found in an automobile operated for hire by a duly licensed driver in the due, lawful and proper pursuit of his trade, then such presumption shall not apply to the driver.

(e) Exemptions. Crossbows, Common or Compound bows and Underwater Spearguns are exempted from the definition of ballistic knife as defined in paragraph (1) of subsection (a) of this Section.

(Source: P.A. 95-331, eff. 8-21-07; 95-809, eff. 1-1-09; 95-885, eff. 1-1-09; 96-41, eff. 1-1-10; 96-328, eff. 8-11-09; 96-742, eff. 8-25-09; 96-1000, eff. 7-2-10.)

(720 ILCS 5/24-1.6)

Sec. 24-1.6. Aggravated unlawful use of a weapon.

(a) A person commits the offense of aggravated unlawful use of a weapon when he or she knowingly:

(1) Carries on or about his or her person or in any vehicle or concealed on or about his or her person except when on his or her land or in his or her abode, legal dwelling, or fixed place of business, or on the land or in the legal dwelling of another person as an invitee with that person's permission, any pistol, revolver, stun gun or taser or other firearm; or

(2) Carries or possesses on or about his or her person, upon any public street, alley, or other public lands within the corporate limits of a city, village or incorporated town, except when an invitee thereon or therein, for the purpose of the display of such weapon or the lawful commerce in weapons, or except when on his or her own land or in his or her own abode, legal dwelling, or fixed place of business, or on the land or in the legal dwelling of another person as an invitee with that person's permission, any pistol, revolver, stun gun or taser or other firearm; and

(3) One of the following factors is present:

(A) the firearm possessed was uncased, loaded and immediately accessible at the time of the offense; or

(B) the firearm possessed was uncased, unloaded and the ammunition for the weapon was immediately accessible at the time of the offense; or

(C) the person possessing the firearm has not been issued a currently valid Firearm Owner's Identification Card; or

(D) the person possessing the weapon was previously adjudicated a delinquent minor under the Juvenile Court Act of 1987 for an act that if committed by an adult would be a felony; or

(E) the person possessing the weapon was engaged in a misdemeanor violation of the Cannabis Control Act, in a misdemeanor violation of the Illinois Controlled Substances Act, or in a misdemeanor violation of the Methamphetamine Control and Community Protection Act; or

(F) (blank); or

(G) the person possessing the weapon had a order of protection issued against him or her within the previous 2 years; or

(H) the person possessing the weapon was engaged in the commission or attempted commission of a misdemeanor involving the use or threat of violence against the person or property of another; or

(I) the person possessing the weapon was under 21 years of age and in possession of a handgun as defined in Section 24-3, unless the person under 21 is engaged in lawful activities under the Wildlife Code or described in subsection 24-2(b)(1), (b)(3), or 24-2(f).

(b) "Stun gun or taser" as used in this Section has the same definition given to it in Section 24-1 of this Code.

(c) This Section does not apply to or affect the transportation or possession of weapons that:

(i) are broken down in a non-functioning state; or

(ii) are not immediately accessible; or

(iii) are unloaded and enclosed in a case, firearm carrying box, shipping box, or other container by a person who is not prohibited from owning or possessing a firearm under State or federal law by a person who has been issued a currently valid Firearm Owner's Identification Card.

(d) Sentence.

(1) Aggravated unlawful use of a weapon is a Class 4 felony; a second or subsequent offense is a Class 2 felony for which the person shall be sentenced to a term of imprisonment of not less than 3 years and not more than 7 years.

(2) Except as otherwise provided in paragraphs (3) and (4) of this subsection (d), a first offense of aggravated unlawful use of a weapon committed with a firearm by a person 18 years of age or older where the factors listed in both items (A) and (C) of paragraph (3) of subsection (a) are present is a Class 4 felony, for which the person shall be sentenced to a term of imprisonment of not less than one year and not more than 3 years.

(3) Aggravated unlawful use of a weapon by a person who has been previously convicted of a felony in this State or another jurisdiction is a Class 2 felony for which the person shall be sentenced to a term of imprisonment of not less than 3 years and not more than 7 years.

(4) Aggravated unlawful use of a weapon while wearing or in possession of body armor as defined in Section 33F-1 by a person who has not been issued a valid Firearms Owner's Identification Card in accordance with Section 5 of the Firearm Owners Identification Card Act is a Class X felony.

(e) The possession of each firearm in violation of this Section constitutes a single and separate violation.

(Source: P.A. 95-331, eff. 8-21-07; 96-742, eff. 8-25-09; 96-829, eff. 12-3-09; 96-1107, eff. 1-1-11.)

(720 ILCS 5/24-2)

Sec. 24-2. Exemptions.

(a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and 24-1(a)(13) and Section 24-1.6 do not apply to or affect any of the following:

(1) Peace officers, and any person summoned by a peace officer to assist in making arrests or preserving the peace, while actually engaged in assisting such officer.

(2) Wardens, superintendents and keepers of prisons, penitentiaries, jails and other institutions for the detention of persons accused or convicted of an offense, while in the performance of their official duty, or while commuting between their homes and places of employment.

(3) Members of the Armed Services or Reserve Forces of the United States or the Illinois National Guard or the Reserve Officers Training Corps, while in the performance of their official duty.

(4) Special agents employed by a railroad or a public utility to perform police functions, and guards of armored car companies, while actually engaged in the performance of the duties of their employment or commuting between their homes and places of employment; and watchmen while actually engaged in the performance of the duties of their employment.

(5) Persons licensed as private security contractors, private detectives, or private alarm contractors, or employed by an agency certified by the Department of Financial and Professional Regulation, if their duties include the carrying of a weapon under the provisions of the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004, while actually engaged in the performance of the duties of their employment or commuting between their homes and places of employment, provided that such commuting is accomplished within one hour from departure from home or place of employment, as the case may be. A person shall be considered eligible for this exemption if he or she has completed the required 20 hours of training for a private security contractor, private detective, or private alarm contractor, or employee of a licensed agency and 20 hours of required firearm training, and has been issued a firearm control card by the Department of Financial and Professional Regulation. Conditions for the renewal of firearm control cards issued under the provisions of this Section shall be the same as for those cards issued under the provisions of the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004. The firearm control card shall be carried by the private security contractor, private detective, or private alarm contractor, or employee of the licensed agency at all times when he or she is in possession of a concealable weapon.

(6) Any person regularly employed in a commercial or industrial operation as a security guard for the protection of persons employed and private property related to such commercial or industrial operation, while actually engaged in the performance of his or her duty or traveling between sites or properties belonging to the employer, and who, as a security guard, is a member of a security force of at least 5 persons registered with the Department of Financial and Professional Regulation; provided that such security guard has successfully completed a course of study, approved by and supervised by the Department of Financial and Professional Regulation, consisting of not less than 40 hours of training that includes the theory of law enforcement, liability for acts, and the handling of weapons. A person shall be considered eligible for this exemption if he or she has completed the required 20 hours of training for a security officer and 20 hours of required firearm training, and has been issued a firearm control card by the Department of Financial and Professional Regulation. Conditions for the renewal of firearm control cards issued under the provisions of this Section shall be the same as for those cards issued under the provisions of the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004. The firearm control card shall be carried by the security guard at all times when he or she is in possession of a concealable weapon.

(7) Agents and investigators of the Illinois Legislative Investigating Commission authorized by the Commission to carry the weapons specified in subsections 24-1(a)(3) and 24-1(a)(4), while on duty in the course of any investigation for the Commission.

(8) Persons employed by a financial institution for the protection of other employees and property related to such financial institution, while actually engaged in the performance of their duties, commuting between their homes and places of employment, or traveling between sites or properties owned or operated by such financial institution, provided that any person so employed has successfully completed a course of study, approved by and supervised by the Department of Financial and Professional Regulation, consisting of not less than 40 hours of training which includes theory of law enforcement, liability for acts, and the handling of weapons. A person shall be considered to be eligible for this exemption if he or she has completed the required 20 hours of training for a security officer and 20 hours of required firearm training, and has been issued a firearm control card by the Department of Financial and Professional Regulation. Conditions for renewal of firearm control cards issued under the provisions of this Section shall be the same as for those issued under the provisions of the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004. Such firearm control card shall be carried by the person so trained at all times when such person is in possession of a concealable weapon. For purposes of this subsection, "financial institution" means a bank, savings and loan association, credit union or company providing armored car services.

(9) Any person employed by an armored car company to drive an armored car, while actually engaged in the performance of his duties.

(10) Persons who have been classified as peace officers pursuant to the Peace Officer Fire Investigation Act.

(11) Investigators of the Office of the State's Attorneys Appellate Prosecutor authorized by the board of governors of the Office of the State's Attorneys Appellate Prosecutor to carry weapons pursuant to Section 7.06 of the State's Attorneys Appellate Prosecutor's Act.

(12) Special investigators appointed by a State's Attorney under Section 3-9005 of the Counties Code.

(12.5) Probation officers while in the performance of their duties, or while commuting between their homes, places of employment or specific locations that are part of their assigned duties, with the consent of the chief judge of the circuit for which they are employed.

(13) Court Security Officers while in the performance of their official duties, or while commuting between their homes and places of employment, with the consent of the Sheriff.

(13.5) A person employed as an armed security guard at a nuclear energy, storage, weapons or development site or facility regulated by the Nuclear Regulatory Commission who has completed the background screening and training mandated by the rules and regulations of the Nuclear Regulatory Commission.

(14) Manufacture, transportation, or sale of weapons to persons authorized under subdivisions (1) through (13.5) of this subsection to possess those weapons.

(b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section 24-1.6 do not apply to or affect any of the following:

(1) Members of any club or organization organized for the purpose of practicing shooting at targets upon established target ranges, whether public or private, and patrons of such ranges, while such members or patrons are using their firearms on those target ranges.

(2) Duly authorized military or civil organizations while parading, with the special permission of the Governor.

(3) Hunters, trappers or fishermen with a license or permit while engaged in hunting, trapping or fishing.

(4) Transportation of weapons that are broken down in a non-functioning state or are not immediately accessible.

(5) Carrying or possessing any pistol, revolver, stun gun or taser or other firearm on the land or in the legal dwelling of another person as an invitee with that person's permission.

(6) A licensee under the Family and Personal Protection Act, notwithstanding Section 250-70 of that Act, if the licensee meets the requirements of the Family and Personal Protection Act.

(c) Subsection 24-1(a)(7) does not apply to or affect any of the following:

(1) Peace officers while in performance of their official duties.

(2) Wardens, superintendents and keepers of prisons, penitentiaries, jails and other institutions for the detention of persons accused or convicted of an offense.

(3) Members of the Armed Services or Reserve Forces of the United States or the Illinois National Guard, while in the performance of their official duty.

(4) Manufacture, transportation, or sale of machine guns to persons authorized under subdivisions (1) through (3) of this subsection to possess machine guns, if the machine guns are broken down in a non-functioning state or are not immediately accessible.

(5) Persons licensed under federal law to manufacture any weapon from which 8 or more shots or bullets can be discharged by a single function of the firing device, or ammunition for such weapons, and actually engaged in the business of manufacturing such weapons or ammunition, but only with respect to activities which are within the lawful scope of such business, such as the manufacture, transportation, or testing of such weapons or ammunition. This exemption does not authorize the general private possession of any weapon from which 8 or more shots or bullets can be discharged by a single function of the firing device, but only such possession and activities as are within the lawful scope of a licensed manufacturing business described in this paragraph.

During transportation, such weapons shall be broken down in a non-functioning state or not immediately accessible.

(6) The manufacture, transport, testing, delivery, transfer or sale, and all lawful commercial or experimental activities necessary thereto, of rifles, shotguns, and weapons made from rifles or shotguns, or ammunition for such rifles, shotguns or weapons, where engaged in by a person operating as a contractor or subcontractor pursuant to a contract or subcontract for the development and supply of such rifles, shotguns, weapons or ammunition to the United States government or any branch of the Armed Forces of the United States, when such activities are necessary and incident to fulfilling the terms of such contract.

The exemption granted under this subdivision (c)(6) shall also apply to any authorized agent of any such contractor or subcontractor who is operating within the scope of his employment, where such activities involving such weapon, weapons or ammunition are necessary and incident to fulfilling the terms of such contract.

During transportation, any such weapon shall be broken down in a non-functioning state, or not immediately accessible.

(7) A person possessing a rifle with a barrel or barrels less than 16 inches in length if: (A) the person has been issued a Curios and Relics license from the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives; or (B) the person is an active member of a bona fide, nationally recognized military re-enacting group and the modification is required and necessary to accurately portray the weapon for historical re-enactment purposes; the re-enactor is in possession of a valid and current re-enacting group membership credential; and the overall length of the weapon as modified is not less than 26 inches.

During transportation, any such weapon shall be broken down in a non-functioning state, or not immediately accessible.

(d) Subsection 24-1(a)(1) does not apply to the purchase, possession or carrying of a black-jack or slung-shot by a peace officer.

(e) Subsection 24-1(a)(8) does not apply to any owner, manager or authorized employee of any place specified in that subsection nor to any law enforcement officer or a licensee under the Family and Personal Protection Act, notwithstanding Section 250-70 of that Act.

(f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and Section 24-1.6 do not apply to members of any club or organization organized for the purpose of practicing shooting at targets upon established target ranges, whether public or private, while using their firearms on those target ranges.

(g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply to:

(1) Members of the Armed Services or Reserve Forces of the United States or the Illinois National Guard, while in the performance of their official duty.

(2) Bonafide collectors of antique or surplus military ordinance.

(3) Laboratories having a department of forensic ballistics, or specializing in the development of ammunition or explosive ordinance.

(4) Commerce, preparation, assembly or possession of explosive bullets by manufacturers of ammunition licensed by the federal government, in connection with the supply of those organizations and persons exempted by subdivision (g)(1) of this Section, or like organizations and persons outside this State, or the transportation of explosive bullets to any organization or person exempted in this Section by a common carrier or by a vehicle owned or leased by an exempted manufacturer.

(g-5) Subsection 24-1(a)(6) does not apply to or affect persons licensed under federal law to manufacture any device or attachment of any kind designed, used, or intended for use in silencing the report of any firearm, firearms, or ammunition for those firearms equipped with those devices, and actually engaged in the business of manufacturing those devices, firearms, or ammunition, but only with respect to activities that are within the lawful scope of that business, such as the manufacture, transportation, or testing of those devices, firearms, or ammunition. This exemption does not authorize the general private possession of any device or attachment of any kind designed, used, or intended for use in silencing the report of any firearm, but only such possession and activities as are within the lawful scope of a licensed manufacturing business described in this subsection (g-5). During transportation, these devices shall be detached from any weapon or not immediately accessible.

(g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section 24-1.6 do not apply to or affect any parole agent or parole supervisor who meets the qualifications and conditions prescribed in Section 3-14-1.5 of the Unified Code of Corrections.

(g-7) Subsection 24-1(a)(6) does not apply to a peace officer while serving as a member of a tactical response team or special operations team. A peace officer may not personally own or apply for ownership of a device or attachment of any kind designed, used, or intended for use in silencing the report of any firearm. These devices shall be owned and maintained by lawfully recognized units of government whose duties include the investigation of criminal acts.

(g-10) Subsections 24-1(a)(4), 24-1(a)(8), and 24-1(a)(10), and Sections 24-1.6 and 24-3.1 do not apply to an athlete's possession, transport on official Olympic and Paralympic transit systems established for athletes, or use of competition firearms sanctioned by the International Olympic Committee, the International Paralympic Committee, the International Shooting Sport Federation, or USA Shooting in connection with such athlete's training for and participation in shooting competitions at the 2016 Olympic and Paralympic Games and sanctioned test events leading up to the 2016 Olympic and Paralympic Games.

(h) An information or indictment based upon a violation of any subsection of this Article need not negative any exemptions contained in this Article. The defendant shall have the burden of proving such an exemption.

(i) Nothing in this Article shall prohibit, apply to, or affect the transportation, carrying, or possession, of any pistol or revolver, stun gun, taser, or other firearm consigned to a common carrier operating under license of the State of Illinois or the federal government, where such transportation, carrying, or possession is incident to the lawful transportation in which such common carrier is engaged; and nothing in this Article shall prohibit, apply to, or affect the transportation, carrying, or possession of any pistol, revolver, stun gun, taser, or other firearm, not the subject of and regulated by subsection 24-1(a)(7) or subsection 24-2(c) of this Article, which is unloaded and enclosed in a case, firearm carrying box, shipping box, or other container, by the possessor of a valid Firearm Owners Identification Card.

(Source: P.A. 96-7, eff. 4-3-09; 96-230, eff. 1-1-10; 96-742, eff. 8-25-09; 96-1000, eff. 7-2-10; 97-465, eff. 8-22-11; 97-676, eff. 6-1-12; 97-936, eff. 1-1-13; 97-1010, eff. 1-1-13; revised 8-23-12.)

Section 800. The Freedom of Information Act is amended by changing Section 7.5 as follows:

(5 ILCS 140/7.5)

Sec. 7.5. Statutory Exemptions. To the extent provided for by the statutes referenced below, the following shall be exempt from inspection and copying:

(a) All information determined to be confidential under Section 4002 of the Technology Advancement and Development Act.

(b) Library circulation and order records identifying library users with specific materials under the Library Records Confidentiality Act.

(c) Applications, related documents, and medical records received by the Experimental Organ Transplantation Procedures Board and any and all documents or other records prepared by the Experimental Organ Transplantation Procedures Board or its staff relating to applications it has received.

(d) Information and records held by the Department of Public Health and its authorized representatives relating to known or suspected cases of sexually transmissible disease or any information the disclosure of which is restricted under the Illinois Sexually Transmissible Disease Control Act.

(e) Information the disclosure of which is exempted under Section 30 of the Radon Industry Licensing Act.

(f) Firm performance evaluations under Section 55 of the Architectural, Engineering, and Land Surveying Qualifications Based Selection Act.

(g) Information the disclosure of which is restricted and exempted under Section 50 of the Illinois Prepaid Tuition Act.

(h) Information the disclosure of which is exempted under the State Officials and Employees Ethics Act, and records of any lawfully created State or local inspector general's office that would be exempt if created or obtained by an Executive Inspector General's office under that Act.

(i) Information contained in a local emergency energy plan submitted to a municipality in accordance with a local emergency energy plan ordinance that is adopted under Section 11-21.5-5 of the Illinois Municipal Code.

(j) Information and data concerning the distribution of surcharge moneys collected and remitted by wireless carriers under the Wireless Emergency Telephone Safety Act.

(k) Law enforcement officer identification information or driver identification information compiled by a law enforcement agency or the Department of Transportation under Section 11-212 of the Illinois Vehicle Code.

(l) Records and information provided to a residential health care facility resident sexual assault and death review team or the Executive Council under the Abuse Prevention Review Team Act.

(m) Information provided to the predatory lending database created pursuant to Article 3 of the Residential Real Property Disclosure Act, except to the extent authorized under that Article.

(n) Defense budgets and petitions for certification of compensation and expenses for court appointed trial counsel as provided under Sections 10 and 15 of the Capital Crimes Litigation Act. This subsection (n) shall apply until the conclusion of the trial of the case, even if the prosecution chooses not to pursue the death penalty prior to trial or sentencing.

(o) Information that is prohibited from being disclosed under Section 4 of the Illinois Health and Hazardous Substances Registry Act.

(p) Security portions of system safety program plans, investigation reports, surveys, schedules, lists, data, or information compiled, collected, or prepared by or for the Regional Transportation Authority under Section 2.11 of the Regional Transportation Authority Act or the St. Clair County Transit District under the Bi-State Transit Safety Act.

(q) Information prohibited from being disclosed by the Personnel Records Review Act.

(r) Information prohibited from being disclosed by the Illinois School Student Records Act.

(s) Information the disclosure of which is restricted under Section 5-108 of the Public Utilities Act.

(t) All identified or deidentified health information in the form of health data or medical records contained in, stored in, submitted to, transferred by, or released from the Illinois Health Information Exchange, and identified or deidentified health information in the form of health data and medical records of the Illinois Health Information Exchange in the possession of the Illinois Health Information Exchange Authority due to its administration of the Illinois Health Information Exchange. The terms "identified" and "deidentified" shall be given the same meaning as in the Health Insurance Accountability and Portability Act of 1996, Public Law 104-191, or any subsequent amendments thereto, and any regulations promulgated thereunder.

(u) Records and information provided to an independent team of experts under Brian's Law.

(v) Names and information of people who have applied for or received Firearm Owner's Identification Cards or Certificates of Handgun Registration under the Firearm Owners Identification Card Act and the Family and Personal Protection Act.

(w) Personally identifiable information which is exempted from disclosure under subsection (g) of Section 19.1 of the Toll Highway Act.

(x) Information which is exempted from disclosure under Section 5-1014.3 of the Counties Code or Section 8-11-21 of the Illinois Municipal Code.

(Source: P.A. 96-542, eff. 1-1-10; 96-1235, eff. 1-1-11; 96-1331, eff. 7-27-10; 97-80, eff. 7-5-11; 97-333, eff. 8-12-11; 97-342, eff. 8-12-11; 97-813, eff. 7-13-12; 97-976, eff. 1-1-13.)

Section 801. The Department of State Police Law of the Civil Administrative Code of Illinois is amended by changing Sections 2605-45 and 2605-120 as follows:

(20 ILCS 2605/2605-45) (was 20 ILCS 2605/55a-5)

Sec. 2605-45. Division of Administration. The Division of Administration shall exercise the following functions:

(1) Exercise the rights, powers, and duties vested in the Department by the Governor's Office of Management and Budget Act.

(2) Pursue research and the publication of studies pertaining to local law enforcement activities.

(3) Exercise the rights, powers, and duties vested in the Department by the Personnel Code.

(4) Operate an electronic data processing and computer center for the storage and retrieval of data pertaining to criminal activity.

(5) Exercise the rights, powers, and duties vested in the former Division of State Troopers by Section 17 of the State Police Act.

(6) Exercise the rights, powers, and duties vested in the Department by "An Act relating to internal auditing in State government", approved August 11, 1967 (repealed; now the Fiscal Control and Internal Auditing Act, 30 ILCS 10/).

(6.5) Exercise the rights, powers, and duties vested in the Department by the Firearm Owners Identification Card Act and the Family and Personal Protection Act.

(7) Exercise other duties that may be assigned by the Director to fulfill the responsibilities and achieve the purposes of the Department.

(Source: P.A. 94-793, eff. 5-19-06.)

(20 ILCS 2605/2605-120) (was 20 ILCS 2605/55a in part)

Sec. 2605-120. Firearm Owners Identification Card Act and the Family and Personal Protection Act. To exercise the rights, powers, and duties that have been vested in the Department of Public Safety by the Firearm Owners Identification Card Act and the Family and Personal Protection Act.

(Source: P.A. 90-18, eff. 7-1-97; 90-130, eff. 1-1-98; 90-372, eff. 7-1-98; 90-590, eff. 1-1-00; 90-655, eff. 7-30-98; 90-793, eff. 8-14-98; 91-239, eff. 1-1-00.)

Section 802. The Criminal Identification Act is amended by changing Section 2.2 as follows:

(20 ILCS 2630/2.2)

Sec. 2.2. Notification to the Department. Upon judgment of conviction of a violation of Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or 12-3.5 of the Criminal Code of 1961 or the Criminal Code of 2012 when the defendant has been determined, pursuant to Section 112A-11.1 of the Code of Criminal Procedure of 1963, to be subject to the prohibitions of 18 U.S.C. 922(g)(9), the circuit court clerk shall include notification and a copy of the written determination in a report of the conviction to the Department of State Police Firearm Owner's Identification Card Office to enable the office to perform its duties under Sections 4 and 8 of the Firearm Owners Identification Card Act and Section 5 of the Family and Personal Protection Act and to report that determination to the Federal Bureau of Investigation to assist the Bureau in identifying persons prohibited from purchasing and possessing a firearm pursuant to the provisions of 18 U.S.C. 922. The written determination described in this Section shall be included in the defendant's record of arrest and conviction in the manner and form prescribed by the Department of State Police.

(Source: P.A. 97-1131, eff. 1-1-13; 97-1150, eff. 1-25-13.)

Section 803. The State Finance Act is amended by adding Sections 5.826, 5.827, 5.828, 6z-98, and 6z-99 as follows:

(30 ILCS 105/5.826 new)

Sec. 5.826. The Handgun Certificate Administration Fund.

(30 ILCS 105/5.827 new)

Sec. 5.827. The National Instant Criminal Background Check System Improvement Fund.

(30 ILCS 105/5.828 new)

Sec. 5.828. The Illinois LEADS Information and Technology Improvement Fund.

(30 ILCS 105/6z-98 new)

Sec. 6z-98. National Instant Criminal Background Check System Improvement Fund.

(a) There is created in the State treasury a special fund known as National Instant Criminal Background Check System Improvement Fund. The Fund shall receive revenue under Section 5 of the Family and Personal Protection Act. The Fund may also receive revenue from grants, donations, appropriations, and any other legal source.

(b) The Department of State Police shall use moneys in the Fund to perform its duties and responsibilities under subsection (e) of Section 3.1 of the Firearm Owners Identification Card Act and Section 5 of the Family and Personal Protection Act.

(c) Expenditures may be made from the Fund only as appropriated by the General Assembly by law.

(d) Investment income that is attributable to the investment of moneys in the Fund shall be retained in the Fund for the uses specified in this Section.

(e) The Fund shall not be subject to administrative chargebacks.

(30 ILCS 105/6z-99 new)

Sec. 6z-99. Illinois LEADS Information and Technology Improvement Fund.

(a) There is created in the State treasury a special fund known as the Illinois LEADS Information and Technology Improvement Fund. The Fund shall receive revenue under Section 5 of the Family and Personal Protection Act. The Fund may also receive revenue from grants, donations, appropriations, and any other legal source.

(b) The Department of State Police shall use the moneys in the Fund to update and improve the technology used for the Law Enforcement Agencies Data System (LEADS) system. The Fund shall also be used to support the Department's responsibilities in managing background checks and public safety record-keeping.

(c) Moneys in the Fund shall also be used to fund grants made available to local law enforcement to support their technological infrastructure.

(d) Expenditures may be made from the Fund only as appropriated by the General Assembly by law.

(e) Investment income that is attributable to the investment of moneys in the Fund shall be retained in the Fund for the uses specified in this Section.

(f) The Fund shall not be subject to administrative chargebacks.

Section 804. The Firearm Owners Identification Card Act is amended by changing Sections 3 and 3.1 as follows:

(430 ILCS 65/3) (from Ch. 38, par. 83-3)

Sec. 3. (a) Except as provided in Section 3a, no person may knowingly transfer, or cause to be transferred, any firearm, firearm ammunition, stun gun, or taser to any person within this State unless the transferee with whom he deals displays a currently valid Firearm Owner's Identification Card which has previously been issued in his name by the Department of State Police under the provisions of this Act. In addition, all firearm, stun gun, and taser transfers by federally licensed firearm dealers are subject to Section 3.1. In addition, the transferor and transferee of a handgun shall be subject to Section 5 of the Family and Personal Protection Act regardless of whether the transferor is a federally licensed firearm dealer.

(a-5) Any person who is not a federally licensed firearm dealer and who desires to transfer or sell a firearm while that person is on the grounds of a gun show must, before selling or transferring the firearm, request the Department of State Police to conduct a background check on the prospective recipient of the firearm in accordance with Section 3.1. Whenever a person who is exempt from Section 5 of the Family and Personal Protection Act transfers a handgun to a person who is not exempt, the transferor shall notify the Department of State Police of the transfer, on a form or in a manner prescribed by the Department, within 10 days after the transfer.

(b) Any person within this State who transfers or causes to be transferred any firearm, stun gun, or taser shall keep a record of such transfer for a period of 10 years from the date of transfer. Such record shall contain the date of the transfer; the description, serial number or other information identifying the firearm, stun gun, or taser if no serial number is available; and, if the transfer was completed within this State, the transferee's Firearm Owner's Identification Card number. On or after January 1, 2006, the record shall contain the date of application for transfer of the firearm. On demand of a peace officer such transferor shall produce for inspection such record of transfer. If the transfer or sale took place at a gun show, the record shall include the unique identification number. Failure to record the unique identification number is a petty offense.

(b-5) Any resident may purchase ammunition from a person within or outside of Illinois if shipment is by United States mail or by a private express carrier authorized by federal law to ship ammunition. Any resident purchasing ammunition within or outside the State of Illinois must provide the seller with a copy of his or her valid Firearm Owner's Identification Card and either his or her Illinois driver's license or Illinois State Identification Card prior to the shipment of the ammunition. The ammunition may be shipped only to an address on either of those 2 documents.

(c) The provisions of this Section regarding the transfer of firearm ammunition shall not apply to those persons specified in paragraph (b) of Section 2 of this Act.

(Source: P.A. 97-1135, eff. 12-4-12.)

(430 ILCS 65/3.1) (from Ch. 38, par. 83-3.1)

Sec. 3.1. Dial up system.

(a) The Department of State Police shall provide a dial up telephone system or utilize other existing technology which shall be used by any federally licensed firearm dealer, gun show promoter, or gun show vendor who is to transfer a firearm, stun gun, or taser under the provisions of this Act. The Department of State Police may utilize existing technology which allows the caller to be charged a fee not to exceed $2. Fees collected by the Department of State Police shall be deposited in the State Police Services Fund and used to provide the service.

(b) Upon receiving a request from a federally licensed firearm dealer, gun show promoter, or gun show vendor, the Department of State Police shall immediately approve, or within the time period established by Section 24-3 of the Criminal Code of 2012 regarding the delivery of firearms, stun guns, and tasers notify the inquiring dealer, gun show promoter, or gun show vendor of any objection that would disqualify the transferee from acquiring or possessing a firearm, stun gun, or taser. In conducting the inquiry, the Department of State Police shall initiate and complete an automated search of its criminal history record information files and those of the Federal Bureau of Investigation, including the National Instant Criminal Background Check System, and of the files of the Department of Human Services relating to mental health and developmental disabilities to obtain any felony conviction or patient hospitalization information which would disqualify a person from obtaining or require revocation of a currently valid Firearm Owner's Identification Card.

(c) If receipt of a firearm would not violate Section 24-3 of the Criminal Code of 2012, federal law, or this Act the Department of State Police shall:

(1) assign a unique identification number to the transfer; and

(2) provide the licensee, gun show promoter, or gun show vendor with the number.

(d) Approvals issued by the Department of State Police for the purchase of a firearm are valid for 30 days from the date of issue.

(e) (1) The Department of State Police must act as the Illinois Point of Contact for the National Instant Criminal Background Check System.

(2) The Department of State Police and the Department of Human Services shall, in accordance with State and federal law regarding confidentiality, enter into a memorandum of understanding with the Federal Bureau of Investigation for the purpose of implementing the National Instant Criminal Background Check System in the State. The Department of State Police shall report the name, date of birth, and physical description of any person prohibited from possessing a firearm pursuant to the Firearm Owners Identification Card Act or 18 U.S.C. 922(g) and (n) to the National Instant Criminal Background Check System Index, Denied Persons Files. The Department of State Police shall implement a program to distribute grant moneys, with funds appropriated for that purpose, to units of local government to facilitate participation in the National Instant Criminal Background Check System by their enforcement agencies.

(f) The Department of State Police shall promulgate rules not inconsistent with this Section to implement this system.

(Source: P.A. 97-1150, eff. 1-25-13.)

Section 805. The Criminal Code of 2012 is amended by changing Sections 24-1.1 and 24-3.4 as follows:

(720 ILCS 5/24-1.1) (from Ch. 38, par. 24-1.1)

Sec. 24-1.1. Unlawful Use or Possession of Weapons by Felons or Persons in the Custody of the Department of Corrections Facilities.

(a) It is unlawful for a person to knowingly possess on or about his person or on his land or in his own abode or fixed place of business any weapon prohibited under Section 24-1 of this Act or any firearm or any firearm ammunition if the person has been convicted of a felony under the laws of this State or any other jurisdiction. This Section shall not apply if the person has been granted relief by the Director of the Department of State Police under Section 10 of the Firearm Owners Identification Card Act.

(b) It is unlawful for any person confined in a penal institution, which is a facility of the Illinois Department of Corrections, to possess any weapon prohibited under Section 24-1 of this Code or any firearm or firearm ammunition, regardless of the intent with which he possesses it.

(c) It shall be an affirmative defense to a violation of subsection (b), that such possession was specifically authorized by rule, regulation, or directive of the Illinois Department of Corrections or order issued pursuant thereto.

(d) The defense of necessity is not available to a person who is charged with a violation of subsection (b) of this Section.

(e) Sentence. Violation of this Section by a person not confined in a penal institution shall be a Class 3 felony for which the person shall be sentenced to no less than 2 years and no more than 10 years and any second or subsequent violation shall be a Class 2 felony for which the person shall be sentenced to a term of imprisonment of not less than 3 years and not more than 14 years. Violation of this Section by a person not confined in a penal institution who has been convicted of a forcible felony, a felony violation of Article 24 of this Code or of the Firearm Owners Identification Card Act or of Section 5 of the Family and Personal Protection Act, stalking or aggravated stalking, or a Class 2 or greater felony under the Illinois Controlled Substances Act, the Cannabis Control Act, or the Methamphetamine Control and Community Protection Act is a Class 2 felony for which the person shall be sentenced to not less than 3 years and not more than 14 years. Violation of this Section by a person who is on parole or mandatory supervised release is a Class 2 felony for which the person shall be sentenced to not less than 3 years and not more than 14 years. Violation of this Section by a person not confined in a penal institution is a Class X felony when the firearm possessed is a machine gun. Any person who violates this Section while confined in a penal institution, which is a facility of the Illinois Department of Corrections, is guilty of a Class 1 felony, if he possesses any weapon prohibited under Section 24-1 of this Code regardless of the intent with which he possesses it, a Class X felony if he possesses any firearm, firearm ammunition or explosive, and a Class X felony for which the offender shall be sentenced to not less than 12 years and not more than 50 years when the firearm possessed is a machine gun. A violation of this Section while wearing or in possession of body armor as defined in Section 33F-1 is a Class X felony punishable by a term of imprisonment of not less than 10 years and not more than 40 years. The possession of each firearm or firearm ammunition in violation of this Section constitutes a single and separate violation.

(Source: P.A. 97-237, eff. 1-1-12.)

(720 ILCS 5/24-3.4) (from Ch. 38, par. 24-3.4)

Sec. 24-3.4. Unlawful sale of firearms by liquor licensee.

(a) It shall be unlawful for any person who holds a license to sell at retail any alcoholic liquor issued by the Illinois Liquor Control Commission or local liquor control commissioner under the Liquor Control Act of 1934 or an agent or employee of the licensee to sell or deliver to any other person a firearm in or on the real property of the establishment where the licensee is licensed to sell alcoholic liquors unless the sale or delivery of the firearm is otherwise lawful under this Article and under the Firearm Owners Identification Card Act and Section 5 of the Family and Personal Protection Act.

(b) Sentence. A violation of subsection (a) of this Section is a Class 4 felony.

(Source: P.A. 87-591.)

Section 806. The Unified Code of Corrections is amended by changing Section 5-5-3.2 as follows:

(730 ILCS 5/5-5-3.2)

Sec. 5-5-3.2. Factors in Aggravation and Extended-Term Sentencing.

(a) The following factors shall be accorded weight in favor of imposing a term of imprisonment or may be considered by the court as reasons to impose a more severe sentence under Section 5-8-1 or Article 4.5 of Chapter V:

(1) the defendant's conduct caused or threatened serious harm;

(2) the defendant received compensation for committing the offense;

(3) the defendant has a history of prior delinquency or criminal activity;

(4) the defendant, by the duties of his office or by his position, was obliged to prevent the particular offense committed or to bring the offenders committing it to justice;

(5) the defendant held public office at the time of the offense, and the offense related to the conduct of that office;

(6) the defendant utilized his professional reputation or position in the community to commit the offense, or to afford him an easier means of committing it;

(7) the sentence is necessary to deter others from committing the same crime;

(8) the defendant committed the offense against a person 60 years of age or older or such person's property;

(9) the defendant committed the offense against a person who is physically handicapped or such person's property;

(10) by reason of another individual's actual or perceived race, color, creed, religion, ancestry, gender, sexual orientation, physical or mental disability, or national origin, the defendant committed the offense against (i) the person or property of that individual; (ii) the person or property of a person who has an association with, is married to, or has a friendship with the other individual; or (iii) the person or property of a relative (by blood or marriage) of a person described in clause (i) or (ii). For the purposes of this Section, "sexual orientation" means heterosexuality, homosexuality, or bisexuality;

(11) the offense took place in a place of worship or on the grounds of a place of worship, immediately prior to, during or immediately following worship services. For purposes of this subparagraph, "place of worship" shall mean any church, synagogue or other building, structure or place used primarily for religious worship;

(12) the defendant was convicted of a felony committed while he was released on bail or his own recognizance pending trial for a prior felony and was convicted of such prior felony, or the defendant was convicted of a felony committed while he was serving a period of probation, conditional discharge, or mandatory supervised release under subsection (d) of Section 5-8-1 for a prior felony;

(13) the defendant committed or attempted to commit a felony while he was wearing a bulletproof vest. For the purposes of this paragraph (13), a bulletproof vest is any device which is designed for the purpose of protecting the wearer from bullets, shot or other lethal projectiles;

(14) the defendant held a position of trust or supervision such as, but not limited to, family member as defined in Section 11-0.1 of the Criminal Code of 2012, teacher, scout leader, baby sitter, or day care worker, in relation to a victim under 18 years of age, and the defendant committed an offense in violation of Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-11, 11-14.4 except for an offense that involves keeping a place of juvenile prostitution, 11-15.1, 11-19.1, 11-19.2, 11-20.1, 11-20.1B, 11-20.3, 12-13, 12-14, 12-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the Criminal Code of 2012 against that victim;

(15) the defendant committed an offense related to the activities of an organized gang. For the purposes of this factor, "organized gang" has the meaning ascribed to it in Section 10 of the Streetgang Terrorism Omnibus Prevention Act;

(16) the defendant committed an offense in violation of one of the following Sections while in a school, regardless of the time of day or time of year; on any conveyance owned, leased, or contracted by a school to transport students to or from school or a school related activity; on the real property of a school; or on a public way within 1,000 feet of the real property comprising any school: Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1, 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3, 12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16, 18-2, or 33A-2, or Section 12-3.05 except for subdivision (a)(4) or (g)(1), of the Criminal Code of 1961 or the Criminal Code of 2012;

(16.5) the defendant committed an offense in violation of one of the following Sections while in a day care center, regardless of the time of day or time of year; on the real property of a day care center, regardless of the time of day or time of year; or on a public way within 1,000 feet of the real property comprising any day care center, regardless of the time of day or time of year: Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1, 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3, 12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16, 18-2, or 33A-2, or Section 12-3.05 except for subdivision (a)(4) or (g)(1), of the Criminal Code of 1961 or the Criminal Code of 2012;

(17) the defendant committed the offense by reason of any person's activity as a community policing volunteer or to prevent any person from engaging in activity as a community policing volunteer. For the purpose of this Section, "community policing volunteer" has the meaning ascribed to it in Section 2-3.5 of the Criminal Code of 2012;

(18) the defendant committed the offense in a nursing home or on the real property comprising a nursing home. For the purposes of this paragraph (18), "nursing home" means a skilled nursing or intermediate long term care facility that is subject to license by the Illinois Department of Public Health under the Nursing Home Care Act, the Specialized Mental Health Rehabilitation Act, or the ID/DD Community Care Act;

(19) the defendant was a federally licensed firearm dealer and was previously convicted of a violation of subsection (a) of Section 3 of the Firearm Owners Identification Card Act or Section 5 of the Family and Personal Protection Act and has now committed either a felony violation of the Firearm Owners Identification Card Act or Section 5 of the Family and Personal Protection Act or an act of armed violence while armed with a firearm;

(20) the defendant (i) committed the offense of reckless homicide under Section 9-3 of the Criminal Code of 1961 or the Criminal Code of 2012 or the offense of driving under the influence of alcohol, other drug or drugs, intoxicating compound or compounds or any combination thereof under Section 11-501 of the Illinois Vehicle Code or a similar provision of a local ordinance and (ii) was operating a motor vehicle in excess of 20 miles per hour over the posted speed limit as provided in Article VI of Chapter 11 of the Illinois Vehicle Code;

(21) the defendant (i) committed the offense of reckless driving or aggravated reckless driving under Section 11-503 of the Illinois Vehicle Code and (ii) was operating a motor vehicle in excess of 20 miles per hour over the posted speed limit as provided in Article VI of Chapter 11 of the Illinois Vehicle Code;

(22) the defendant committed the offense against a person that the defendant knew, or reasonably should have known, was a member of the Armed Forces of the United States serving on active duty. For purposes of this clause (22), the term "Armed Forces" means any of the Armed Forces of the United States, including a member of any reserve component thereof or National Guard unit called to active duty;

(23) the defendant committed the offense against a person who was elderly, disabled, or infirm by taking advantage of a family or fiduciary relationship with the elderly, disabled, or infirm person;

(24) the defendant committed any offense under Section 11-20.1 of the Criminal Code of 1961 or the Criminal Code of 2012 and possessed 100 or more images;

(25) the defendant committed the offense while the defendant or the victim was in a train, bus, or other vehicle used for public transportation;

(26) the defendant committed the offense of child pornography or aggravated child pornography, specifically including paragraph (1), (2), (3), (4), (5), or (7) of subsection (a) of Section 11-20.1 of the Criminal Code of 1961 or the Criminal Code of 2012 where a child engaged in, solicited for, depicted in, or posed in any act of sexual penetration or bound, fettered, or subject to sadistic, masochistic, or sadomasochistic abuse in a sexual context and specifically including paragraph (1), (2), (3), (4), (5), or (7) of subsection (a) of Section 11-20.1B or Section 11-20.3 of the Criminal Code of 1961 where a child engaged in, solicited for, depicted in, or posed in any act of sexual penetration or bound, fettered, or subject to sadistic, masochistic, or sadomasochistic abuse in a sexual context;

(27) the defendant committed the offense of first degree murder, assault, aggravated assault, battery, aggravated battery, robbery, armed robbery, or aggravated robbery against a person who was a veteran and the defendant knew, or reasonably should have known, that the person was a veteran performing duties as a representative of a veterans' organization. For the purposes of this paragraph (27), "veteran" means an Illinois resident who has served as a member of the United States Armed Forces, a member of the Illinois National Guard, or a member of the United States Reserve Forces; and "veterans' organization" means an organization comprised of members of which substantially all are individuals who are veterans or spouses, widows, or widowers of veterans, the primary purpose of which is to promote the welfare of its members and to provide assistance to the general public in such a way as to confer a public benefit; or

(28) the defendant committed the offense of assault, aggravated assault, battery, aggravated battery, robbery, armed robbery, or aggravated robbery against a person that the defendant knew or reasonably should have known was a letter carrier or postal worker while that person was performing his or her duties delivering mail for the United States Postal Service.

For the purposes of this Section:

"School" is defined as a public or private elementary or secondary school, community college, college, or university.

"Day care center" means a public or private State certified and licensed day care center as defined in Section 2.09 of the Child Care Act of 1969 that displays a sign in plain view stating that the property is a day care center.

"Public transportation" means the transportation or conveyance of persons by means available to the general public, and includes paratransit services.

(b) The following factors, related to all felonies, may be considered by the court as reasons to impose an extended term sentence under Section 5-8-2 upon any offender:

(1) When a defendant is convicted of any felony, after having been previously convicted in Illinois or any other jurisdiction of the same or similar class felony or greater class felony, when such conviction has occurred within 10 years after the previous conviction, excluding time spent in custody, and such charges are separately brought and tried and arise out of different series of acts; or

(2) When a defendant is convicted of any felony and the court finds that the offense was accompanied by exceptionally brutal or heinous behavior indicative of wanton cruelty; or

(3) When a defendant is convicted of any felony committed against:

(i) a person under 12 years of age at the time of the offense or such person's property;

(ii) a person 60 years of age or older at the time of the offense or such person's property; or

(iii) a person physically handicapped at the time of the offense or such person's property; or

(4) When a defendant is convicted of any felony and the offense involved any of the following types of specific misconduct committed as part of a ceremony, rite, initiation, observance, performance, practice or activity of any actual or ostensible religious, fraternal, or social group:

(i) the brutalizing or torturing of humans or animals;

(ii) the theft of human corpses;

(iii) the kidnapping of humans;

(iv) the desecration of any cemetery, religious, fraternal, business, governmental, educational, or other building or property; or

(v) ritualized abuse of a child; or

(5) When a defendant is convicted of a felony other than conspiracy and the court finds that the felony was committed under an agreement with 2 or more other persons to commit that offense and the defendant, with respect to the other individuals, occupied a position of organizer, supervisor, financier, or any other position of management or leadership, and the court further finds that the felony committed was related to or in furtherance of the criminal activities of an organized gang or was motivated by the defendant's leadership in an organized gang; or

(6) When a defendant is convicted of an offense committed while using a firearm with a laser sight attached to it. For purposes of this paragraph, "laser sight" has the meaning ascribed to it in Section 26-7 of the Criminal Code of 2012; or

(7) When a defendant who was at least 17 years of age at the time of the commission of the offense is convicted of a felony and has been previously adjudicated a delinquent minor under the Juvenile Court Act of 1987 for an act that if committed by an adult would be a Class X or Class 1 felony when the conviction has occurred within 10 years after the previous adjudication, excluding time spent in custody; or

(8) When a defendant commits any felony and the defendant used, possessed, exercised control over, or otherwise directed an animal to assault a law enforcement officer engaged in the execution of his or her official duties or in furtherance of the criminal activities of an organized gang in which the defendant is engaged.

(c) The following factors may be considered by the court as reasons to impose an extended term sentence under Section 5-8-2 (730 ILCS 5/5-8-2) upon any offender for the listed offenses:

(1) When a defendant is convicted of first degree murder, after having been previously convicted in Illinois of any offense listed under paragraph (c)(2) of Section 5-5-3 (730 ILCS 5/5-5-3), when that conviction has occurred within 10 years after the previous conviction, excluding time spent in custody, and the charges are separately brought and tried and arise out of different series of acts.

(1.5) When a defendant is convicted of first degree murder, after having been previously convicted of domestic battery (720 ILCS 5/12-3.2) or aggravated domestic battery (720 ILCS 5/12-3.3) committed on the same victim or after having been previously convicted of violation of an order of protection (720 ILCS 5/12-30) in which the same victim was the protected person.

(2) When a defendant is convicted of voluntary manslaughter, second degree murder, involuntary manslaughter, or reckless homicide in which the defendant has been convicted of causing the death of more than one individual.

(3) When a defendant is convicted of aggravated criminal sexual assault or criminal sexual assault, when there is a finding that aggravated criminal sexual assault or criminal sexual assault was also committed on the same victim by one or more other individuals, and the defendant voluntarily participated in the crime with the knowledge of the participation of the others in the crime, and the commission of the crime was part of a single course of conduct during which there was no substantial change in the nature of the criminal objective.

(4) If the victim was under 18 years of age at the time of the commission of the offense, when a defendant is convicted of aggravated criminal sexual assault or predatory criminal sexual assault of a child under subsection (a)(1) of Section 11-1.40 or subsection (a)(1) of Section 12-14.1 of the Criminal Code of 1961 or the Criminal Code of 2012 (720 ILCS 5/11-1.40 or 5/12-14.1).

(5) When a defendant is convicted of a felony violation of Section 24-1 of the Criminal Code of 1961 or the Criminal Code of 2012 (720 ILCS 5/24-1) and there is a finding that the defendant is a member of an organized gang.

(6) When a defendant was convicted of unlawful use of weapons under Section 24-1 of the Criminal Code of 1961 or the Criminal Code of 2012 (720 ILCS 5/24-1) for possessing a weapon that is not readily distinguishable as one of the weapons enumerated in Section 24-1 of the Criminal Code of 1961 or the Criminal Code of 2012 (720 ILCS 5/24-1).

(7) When a defendant is convicted of an offense involving the illegal manufacture of a controlled substance under Section 401 of the Illinois Controlled Substances Act (720 ILCS 570/401), the illegal manufacture of methamphetamine under Section 25 of the Methamphetamine Control and Community Protection Act (720 ILCS 646/25), or the illegal possession of explosives and an emergency response officer in the performance of his or her duties is killed or injured at the scene of the offense while responding to the emergency caused by the commission of the offense. In this paragraph, "emergency" means a situation in which a person's life, health, or safety is in jeopardy; and "emergency response officer" means a peace officer, community policing volunteer, fireman, emergency medical technician-ambulance, emergency medical technician-intermediate, emergency medical technician-paramedic, ambulance driver, other medical assistance or first aid personnel, or hospital emergency room personnel.

(d) For the purposes of this Section, "organized gang" has the meaning ascribed to it in Section 10 of the Illinois Streetgang Terrorism Omnibus Prevention Act.

(e) The court may impose an extended term sentence under Article 4.5 of Chapter V upon an offender who has been convicted of a felony violation of Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or 12-16 of the Criminal Code of 1961 or the Criminal Code of 2012 when the victim of the offense is under 18 years of age at the time of the commission of the offense and, during the commission of the offense, the victim was under the influence of alcohol, regardless of whether or not the alcohol was supplied by the offender; and the offender, at the time of the commission of the offense, knew or should have known that the victim had consumed alcohol.

(Source: P.A. 96-41, eff. 1-1-10; 96-292, eff. 1-1-10; 96-328, eff. 8-11-09; 96-339, eff. 7-1-10; 96-1000, eff. 7-2-10; 96-1200, eff. 7-22-10; 96-1228, eff. 1-1-11; 96-1390, eff. 1-1-11; 96-1551, Article 1, Section 970, eff. 7-1-11; 96-1551, Article 2, Section 1065, eff. 7-1-11; 97-38, eff. 6-28-11, 97-227, eff. 1-1-12; 97-333, eff. 8-12-11; 97-693, eff. 1-1-13; 97-1108, eff. 1-1-13; 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13.)

Section 815. The Criminal Code of 2012 is amended by adding Section 24-9.3 as follows:

(720 ILCS 5/24-9.3 new)

Sec. 24-9.3. Prohibited person firearm access violation.

(a) A person commits prohibited person firearm access when he or she stores or leaves, within premises under his or her control, a firearm if the person knows or has reason to know that a person prohibited from possessing a firearm because of a felony conviction, domestic battery conviction, an outstanding order of protection or stalking no-contact order against him or her, adjudication as a mental defective, having been a patient in a mental institution within the past 5 years, or because he or she is otherwise prohibited from obtaining a Firearm Owner's Identification Card is likely to gain access to the firearm, and the firearm:

(1) is not secured by a device or mechanism, other than the firearm safety, designed to render a firearm temporarily inoperable;

(2) is not placed in a securely locked box or container; or

(3) is not placed in some other location that a reasonable person would believe to be secure from a person.

(b) This Section does not apply:

(1) if the prohibited person gains access to a firearm and uses it in a lawful act of self-defense or defense of another;

(2) to any firearm obtained by a prohibited person because of an unlawful entry of the premises by the prohibited person or another person; or

(3) when the firearm is in the immediate possession or control of the owner.

(c) For the purposes of this Section, "firearm" has the meaning ascribed to it in Section 1.1 of the Firearm Owners Identification Card Act.

(d) Sentence. A first violation of this Section is a Class C misdemeanor and the person shall be fined not less than $1,000. A second or subsequent violation is a Class A misdemeanor.

Section 825. The Firearm Owners Identification Card Act is amended by changing Section 8 as follows:

(430 ILCS 65/8) (from Ch. 38, par. 83-8)

(Text of Section before amendment by P.A. 97-1167)

Sec. 8. Grounds for denial and revocation.

(A) The Department of State Police has authority to deny an application for or to revoke and seize a Firearm Owner's Identification Card previously issued under this Act only if the Department finds that the applicant or the person to whom such card was issued is or was at the time of issuance:

(a) A person under 21 years of age who has been convicted of a misdemeanor other than a traffic offense or adjudged delinquent;

(b) A person under 21 years of age who does not have the written consent of his parent or guardian to acquire and possess firearms and firearm ammunition, or whose parent or guardian has revoked such written consent, or where such parent or guardian does not qualify to have a Firearm Owner's Identification Card;

(c) A person convicted of a felony under the laws of this or any other jurisdiction;

(d) A person addicted to narcotics;

(e) A person who has been a patient of a mental institution within the past 5 years or has been adjudicated as a mental defective;

(f) A person whose mental condition is of such a nature that it poses a clear and present danger to the applicant, any other person or persons or the community;

For the purposes of this Section, "mental condition" means a state of mind manifested by violent, suicidal, threatening or assaultive behavior.

(g) A person who is intellectually disabled;

(h) A person who intentionally makes a false statement in the Firearm Owner's Identification Card application;

(i) An alien who is unlawfully present in the United States under the laws of the United States;

(i-5) An alien who has been admitted to the United States under a non-immigrant visa (as that term is defined in Section 101(a)(26) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(26))), except that this subsection (i-5) does not apply to any alien who has been lawfully admitted to the United States under a non-immigrant visa if that alien is:

(1) admitted to the United States for lawful hunting or sporting purposes;

(2) an official representative of a foreign government who is:

(A) accredited to the United States Government or the Government's mission to an international organization having its headquarters in the United States; or

(B) en route to or from another country to which that alien is accredited;

(3) an official of a foreign government or distinguished foreign visitor who has been so designated by the Department of State;

(4) a foreign law enforcement officer of a friendly foreign government entering the United States on official business; or

(5) one who has received a waiver from the Attorney General of the United States pursuant to 18 U.S.C. 922(y)(3);

(j) (Blank);

(k) A person who has been convicted within the past 5 years of battery, assault, aggravated assault, violation of an order of protection, or a substantially similar offense in another jurisdiction, in which a firearm was used or possessed;

(l) A person who has been convicted of domestic battery, aggravated domestic battery, or a substantially similar offense in another jurisdiction committed before, on or after January 1, 2012 (the effective date of Public Act 97-158). If the applicant or person who has been previously issued a Firearm Owner's Identification Card under this Act knowingly and intelligently waives the right to have an offense described in this paragraph (l) tried by a jury, and by guilty plea or otherwise, results in a conviction for an offense in which a domestic relationship is not a required element of the offense but in which a determination of the applicability of 18 U.S.C. 922(g)(9) is made under Section 112A-11.1 of the Code of Criminal Procedure of 1963, an entry by the court of a judgment of conviction for that offense shall be grounds for denying an application for and for revoking and seizing a Firearm Owner's Identification Card previously issued to the person under this Act;

(m) (Blank);

(n) A person who is prohibited from acquiring or possessing firearms or firearm ammunition by any Illinois State statute or by federal law;

(o) A minor subject to a petition filed under Section 5-520 of the Juvenile Court Act of 1987 alleging that the minor is a delinquent minor for the commission of an offense that if committed by an adult would be a felony;

(p) An adult who had been adjudicated a delinquent minor under the Juvenile Court Act of 1987 for the commission of an offense that if committed by an adult would be a felony; or

(q) A person who is not a resident of the State of Illinois, except as provided in subsection (a-10) of Section 4.

(B) The Department of State Police may revoke and seize a Firearm Owner's Identification Card previously issued under this Act of a person who fails to report the loss or theft of a firearm a second time to the local law enforcement agency within 72 hours after obtaining knowledge of the second loss or theft.

(Source: P.A. 96-701, eff. 1-1-10; 97-158, eff. 1-1-12; 97-227, eff. 1-1-12; 97-813, eff. 7-13-12; 97-1131, eff. 1-1-13.)

(Text of Section after amendment by P.A. 97-1167)

Sec. 8. Grounds for denial and revocation.

(A) The Department of State Police has authority to deny an application for or to revoke and seize a Firearm Owner's Identification Card previously issued under this Act only if the Department finds that the applicant or the person to whom such card was issued is or was at the time of issuance:

(a) A person under 21 years of age who has been convicted of a misdemeanor other than a traffic offense or adjudged delinquent;

(b) A person under 21 years of age who does not have the written consent of his parent or guardian to acquire and possess firearms and firearm ammunition, or whose parent or guardian has revoked such written consent, or where such parent or guardian does not qualify to have a Firearm Owner's Identification Card;

(c) A person convicted of a felony under the laws of this or any other jurisdiction;

(d) A person addicted to narcotics;

(e) A person who has been a patient of a mental institution within the past 5 years. An active law enforcement officer employed by a unit of government who is denied, revoked, or has his or her Firearm Owner's Identification Card seized under this subsection (e) may obtain relief as described in subsection (c-5) of Section 10 of this Act if the officer did not act in a manner threatening to the officer, another person, or the public as determined by the treating clinical psychologist or physician, and the officer seeks mental health treatment;

(f) A person whose mental condition is of such a nature that it poses a clear and present danger to the applicant, any other person or persons or the community;

For the purposes of this Section, "mental condition" means a state of mind manifested by violent, suicidal, threatening or assaultive behavior.

(g) A person who is intellectually disabled;

(h) A person who intentionally makes a false statement in the Firearm Owner's Identification Card application;

(i) An alien who is unlawfully present in the United States under the laws of the United States;

(i-5) An alien who has been admitted to the United States under a non-immigrant visa (as that term is defined in Section 101(a)(26) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(26))), except that this subsection (i-5) does not apply to any alien who has been lawfully admitted to the United States under a non-immigrant visa if that alien is:

(1) admitted to the United States for lawful hunting or sporting purposes;

(2) an official representative of a foreign government who is:

(A) accredited to the United States Government or the Government's mission to an international organization having its headquarters in the United States; or

(B) en route to or from another country to which that alien is accredited;

(3) an official of a foreign government or distinguished foreign visitor who has been so designated by the Department of State;

(4) a foreign law enforcement officer of a friendly foreign government entering the United States on official business; or

(5) one who has received a waiver from the Attorney General of the United States pursuant to 18 U.S.C. 922(y)(3);

(j) (Blank);

(k) A person who has been convicted within the past 5 years of battery, assault, aggravated assault, violation of an order of protection, or a substantially similar offense in another jurisdiction, in which a firearm was used or possessed;

(l) A person who has been convicted of domestic battery, aggravated domestic battery, or a substantially similar offense in another jurisdiction committed before, on or after January 1, 2012 (the effective date of Public Act 97-158). If the applicant or person who has been previously issued a Firearm Owner's Identification Card under this Act knowingly and intelligently waives the right to have an offense described in this paragraph (l) tried by a jury, and by guilty plea or otherwise, results in a conviction for an offense in which a domestic relationship is not a required element of the offense but in which a determination of the applicability of 18 U.S.C. 922(g)(9) is made under Section 112A-11.1 of the Code of Criminal Procedure of 1963, an entry by the court of a judgment of conviction for that offense shall be grounds for denying an application for and for revoking and seizing a Firearm Owner's Identification Card previously issued to the person under this Act;

(m) (Blank);

(n) A person who is prohibited from acquiring or possessing firearms or firearm ammunition by any Illinois State statute or by federal law;

(o) A minor subject to a petition filed under Section 5-520 of the Juvenile Court Act of 1987 alleging that the minor is a delinquent minor for the commission of an offense that if committed by an adult would be a felony;

(p) An adult who had been adjudicated a delinquent minor under the Juvenile Court Act of 1987 for the commission of an offense that if committed by an adult would be a felony;

(q) A person who is not a resident of the State of Illinois, except as provided in subsection (a-10) of Section 4; or

(r) A person who has been adjudicated as a mental defective.

(B) The Department of State Police may revoke and seize a Firearm Owner's Identification Card previously issued under this Act of a person who fails to report the loss or theft of a firearm a second time to the local law enforcement agency within 72 hours after obtaining knowledge of the second loss or theft.

(Source: P.A. 96-701, eff. 1-1-10; 97-158, eff. 1-1-12; 97-227, eff. 1-1-12; 97-813, eff. 7-13-12; 97-1131, eff. 1-1-13; 97-1167, eff. 6-1-13.)

Section 826. The Criminal Code of 2012 is amended by adding Section 24-4.1 as follows:

(720 ILCS 5/24-4.1 new)

Sec. 24-4.1. Report of lost or stolen firearms.

(a) If a person who possesses a valid Firearm Owner's Identification Card and who possesses or acquires a firearm thereafter loses or misplaces the firearm, or if the firearm is stolen from the person, the person must report the loss or theft to the local law enforcement agency within 72 hours after obtaining knowledge of the loss or theft.

(b) Sentence. A person who violates this Section is guilty of a petty offense for a first violation. A second or subsequent violation of this Section is a Class A misdemeanor.

Section 827. No acceleration or delay. Where this Act makes changes in a statute that is represented in this Act by text that is not yet or no longer in effect (for example, a Section represented by multiple versions), the use of that text does not accelerate or delay the taking effect of (i) the changes made by this Act or (ii) provisions derived from any other Public Act.

Section 999. Effective date. This Act takes effect upon becoming law.