Illinois General Assembly - Full Text of HB3088
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Full Text of HB3088  102nd General Assembly

HB3088 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3088

 

Introduced 2/19/2021, by Rep. Sonya M. Harper

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the Criminal Code of 2012. Provides that beginning January 1, 2022, all handgun ammunition that is manufactured, imported into the State for sale or personal use, kept for sale, offered or exposed for sale, sold, given, lent, or possessed shall be serialized. Provides that beginning January 1, 2022, any person who manufactures, causes to be manufactured, imports into the State for sale or personal use, keeps for sale, offers or exposes for sale, or who gives or lends any handgun ammunition that is not serialized is guilty of a Class A misdemeanor. Provides that beginning January 1, 2022, any person who possesses in any public place any handgun ammunition that is not serialized is guilty of a Class C misdemeanor. Provides exceptions. Provides that beginning January 1, 2022, the Illinois State Police shall maintain a centralized registry of all reports of handgun ammunition transactions reported to the Illinois State Police in a manner prescribed by the Illinois State Police. Provides that information in the registry, upon proper application for that information, shall be furnished to peace officers and authorized employees of the Illinois State Police or to the person listed in the registry as the owner of the particular handgun ammunition. Provides that the Illinois State Police shall adopt rules relating to the assessment and collection of end-user fees in an amount not to exceed $0.005 per round of handgun ammunition or per bullet, in which the accumulated fee amount may not exceed the cost to pay for the infrastructure, implementation, operational, enforcement, and future development costs of these provisions. Effective January 1, 2022, except some provisions effective immediately.


LRB102 10044 RLC 15364 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB3088LRB102 10044 RLC 15364 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Criminal Code of 2012 is amended by
5changing Sections 24-2, 24-4 and 24-5 and by adding Sections
624-0.05, 24-1.9, 24-1.10, 24-1.11, and 24-1.12 as follows:
 
7    (720 ILCS 5/24-0.05 new)
8    Sec. 24-0.05. Definitions. In this Article:
9    "Handgun ammunition" means ammunition principally for use
10in pistols, revolvers, and other firearms capable of being
11concealed upon the person, notwithstanding that the ammunition
12may also be used in some rifles.
13    "Manufacturer", "ammunition manufacturer", or "registered
14handgun ammunition manufacturer" means any person that
15manufactures handgun ammunition within this State or
16manufactures handgun ammunition with the intent to distribute
17that ammunition for purposes, within this State, of sale,
18loan, or transfer.
19    "Pistol", "revolver", and "firearm capable of being
20concealed upon the person" applies to and includes any device
21designed to be used as a weapon, from which is expelled a
22projectile by the force of any explosion, or other form of
23combustion, and that has a barrel less than 16 inches in

 

 

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1length. These terms also include any device that has a barrel
216 inches or more in length which is designed to be
3interchanged with a barrel less than 16 inches in length.
4    "Public place" means an area open to the public and
5includes, but is not limited to, streets, sidewalks, bridges,
6alleys, plazas, parks, driveways, front yards, parking lots,
7including motor vehicles in these areas, whether moving or
8not, and buildings open to the general public, including those
9that serve food or drink, or provide entertainment, and the
10doorways and entrances to buildings or dwellings.
11    "Retail mercantile establishment" has the meaning ascribed
12to it in Section 16-0.1 of this Code.
13    "Serialized" means:
14        (1) the handgun ammunition has been identified in a
15    manner prescribed by the Illinois State Police so that all
16    assembled handgun ammunition contained within a package
17    provided for retail sale, or as otherwise specified by the
18    Illinois State Police, is uniquely identified;
19        (2) bullets used for reloading or handloading
20    contained within a package provided for retail sale, or as
21    otherwise specified by the Illinois State Police, are
22    uniquely identified;
23        (3) identification of the manufacturer of the items
24    described in subdivisions (1) and (2) of this definition;
25        (4) identification on the exterior of the items
26    described in subdivisions (1) and (2) of this definition

 

 

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1    in a manner that permits visual inspection for the purpose
2    of determining if the assembled handgun ammunition or
3    bullet is serialized;
4        (5) identification on the exterior of the items
5    described in subdivisions (1) and (2) of this definition
6    in a manner that is maintained subsequent to the discharge
7    of the handgun ammunition and subsequent to the impact of
8    the bullet, based on standards prescribed by the Illinois
9    State Police; and
10        (6) identification on the exterior of every package or
11    container of serialized handgun ammunition, as prescribed
12    by the Illinois State Police, with the same unique
13    identifiers used on the assembled handgun ammunition or
14    bullets contained within the packaging or container. A
15    package or container shall not be labeled with the same
16    unique identifiers as any other package or container by
17    the same manufacturer.
18    "Serialized handgun ammunition" means any of the
19following, which are subject to serialization under this
20Article:
21        (1) handgun ammunition;
22        (2) .22 caliber rimfire ammunition;
23        (3) assembled handgun ammunition packaged for retail
24    sale; or
25        (4) bullets used for reloading or handloading handgun
26    ammunition that are packaged for retail sale.

 

 

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1"Serialized handgun ammunition" does not include blank
2cartridges, shot-shells, or projectiles used in black powder
3handguns.
 
4    (720 ILCS 5/24-1.9 new)
5    Sec. 24-1.9. Serialization of handgun ammunition.    
6    (a) The Illinois State Police shall enforce the
7requirements of the handgun serialization program and other
8provisions of Sections 24-1.9 through 24-1.12 of this Code.
9The Illinois State Police may prescribe the manner in which
10handgun ammunition is serialized in order to comply with
11Section 24-1.10 of this Code, including, but not limited to,
12determining how handgun ammunition that is loose, packaged, in
13lots, series, or otherwise aggregated for purposes of
14manufacture or sale shall be serialized with a unique
15identifier, under Section 24-1.10. The Illinois State Police
16shall adopt rules implementing this Section no later than
17January 1, 2022.
18    (b) The Illinois State Police may:
19        (1) adopt rules relating to the assessment and
20    collection of end-user fees in an amount not to exceed
21    $0.005 per round of handgun ammunition or per bullet, in
22    which the accumulated fee amount may not exceed the cost
23    to pay for the infrastructure, implementation,
24    operational, enforcement, and future development costs of
25    Sections 24-1.9 through 24-1.12;

 

 

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1        (2) adopt rules relating to the implementation and
2    furtherance of a retail handgun ammunition vendor's
3    registry and the assessment and collection of fees
4    associated with the registration program in an amount not
5    to exceed $50 per year per retail location, adjusted
6    annually for inflation based upon the Consumer Price Index
7    for the North Central Region as published by the United
8    States Department of Labor, Bureau of Labor Statistics for
9    the immediately preceding calendar year, in which the
10    accumulated fee amount may not exceed the cost to pay for
11    the infrastructure, implementation, operational,
12    enforcement, and future development costs of Sections
13    24-1.9 through 24-1.12; or
14        (3) adopt or amend rules relating to this Section in
15    an effort to incorporate new technologies as they become
16    available.
 
17    (720 ILCS 5/24-1.10 new)
18    Sec. 24-1.10. Unlawful manufacture, sale, or transfer of
19non-serialized handgun ammunition; unlawful possession of
20non-serialized handgun ammunition; penalties.
21    (a) Beginning January 1, 2022, and except as provided in
22subsection (g-15) of Section 24-2, a person commits unlawful
23manufacture, sale, or transfer of non-serialized handgun
24ammunition when he or she knowingly manufactures, causes to be
25manufactured, imports into this State for sale or personal

 

 

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1use, keeps for sale, offers or exposes for sale, or gives or
2lends any handgun ammunition that is not serialized. A
3violation of this subsection (a) is a Class A misdemeanor.
4    (b) Beginning January 1, 2022, and except as provided in
5subsection (g-15) of Section 24-2, a person commits unlawful
6possession of non-serialized handgun ammunition when he or she
7knowingly possesses in any public place any handgun ammunition
8that is not serialized. A violation of this subsection is a
9Class C misdemeanor.
10    (c) Beginning January 1, 2022, and except as provided in
11subsection (g-15) of Section 24-2, a person commits unlawful
12possession of non-serialized handgun ammunition when he or she
13knowingly possesses non-serialized ammunition for a rifle
14having one or more barrels less than 16 inches in length or a
15shotgun having one or more barrels less than 18 inches in
16length or any weapon made from a rifle or shotgun, whether by
17alteration, modification, or otherwise, if the weapon as
18modified has an overall length of less than 26 inches. A
19violation of this subsection is a Class C misdemeanor.
20    (d) For purposes of Sections 24-1.9 through 24-1.12, the
21possession of each round of non-serialized handgun ammunition
22or bullets constitutes a separate and distinct offense.
 
23    (720 ILCS 5/24-1.11 new)
24    Sec. 24-1.11. Unlawful retail sale of handgun ammunition.
25    (a)(1) Beginning January 1, 2022, a person commits

 

 

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1unlawful retail sale of handgun ammunition if he or she
2knowingly engages in the retail sale of handgun ammunition and
3sells, leases, or transfers serialized handgun ammunition
4without being a registered handgun ammunition vendor as
5described in paragraph (2) of this subsection (a). A violation
6of this paragraph (1) is a Class A misdemeanor.
7    (2) As used in this Section, "vendor", "ammunition
8vendor", or "registered handgun ammunition vendor" means any
9person who is engaged in the retail sale of handgun ammunition
10and has all of the following:
11        (A) any regulatory or business license, or licenses,
12    required by a unit of local government;
13        (B) a valid Retailers Occupation Tax Registration
14    Number issued by the Department of Revenue; and
15        (C) is recorded in the centralized handgun ammunition
16    vendor's registry specified in subsection (b) of this
17    Section.
18    (b) The Illinois State Police shall maintain a centralized
19registry of all persons under subparagraphs (A) through (C),
20inclusive, of paragraph (2) of subsection (a) of this Section.
21The Illinois State Police may remove from this registry any
22person who violates this Article. Upon removal of a vendor
23from this registry, notification shall be provided to local
24law enforcement and licensing authorities in the jurisdiction
25where the vendor's business is located.
26    (c) The Illinois State Police may inspect handgun

 

 

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1ammunition vendors to ensure compliance with this Article.
2Nothing in this Section prohibits any unit of local government
3from adopting one or more ordinances relating to the
4inspection of handgun ammunition vendors.
5    (d) Any vendor, agent, or employee of the vendor who sells
6or otherwise transfers ownership of any serialized handgun
7ammunition shall record the following information in a format
8prescribed by the Illinois State Police:
9        (1) the date of the transaction;
10        (2) the name of the transferee;
11        (3) the transferee's driver's license number or other
12    government issued identification card number and the
13    governmental agency that issued the identification;
14        (4) in order to validate a transferee's age and ensure
15    compliance with paragraphs (a) and (b) of subsection (A)
16    of Section 24-3, the date of birth of the transferee;
17        (5) the unique identifier, as described in Section
18    24-0.05, of all serialized handgun ammunition or bullets
19    transferred; and
20        (6) all other information prescribed by the Illinois
21    State Police.
22    (e) On the date the vendor delivers the handgun ammunition
23to the transferee, he or she shall report the information
24required in subsection (d) to the Illinois State Police in a
25manner prescribed by the Illinois State Police. A copy of the
26records required by this Section shall be maintained on the

 

 

HB3088- 9 -LRB102 10044 RLC 15364 b

1premises of the vendor for a period of not less than 3 years
2from the date of the recorded transfer. The records shall be
3subject to inspection at any time during normal business hours
4by any peace officer, or by any authorized employee of the
5Illinois State Police, if the inspection relates to an
6investigation in which access to those records is or may be
7relevant to that investigation, is seeking information about
8persons prohibited from owning a firearm or handgun
9ammunition, or is engaged in ensuring compliance with this
10Article, the Firearm Owners Identification Card Act, the
11Firearm Concealed Carry Act, or any other laws pertaining to
12firearms.
13    (f) Any vendor or employee or agent of a vendor who
14knowingly fails to comply with, or falsifies the records
15required to be kept by subsection (e) is guilty of a Class A
16misdemeanor.
17    (g) Proof that a vendor or his or her agent or employee
18demanded, was shown, and acted in reliance upon, bona fide
19evidence of identity shall be a defense to any criminal
20prosecution under this Section if reliance upon the proof of
21identity was reasonable.
22    (h) Any person who presents false identification to a
23vendor with the intent to avoid the recording requirements of
24this Section is guilty of a Class A misdemeanor.
25    (i) Any vendor who refuses to permit a person authorized
26under subsection (e) to examine any record prepared in

 

 

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1accordance with this Section during any inspection conducted
2under this Section is guilty of a Class A misdemeanor.
3    (j) Persons engaged in the non-commercial reloading of
4ammunition may adopt voluntary personal serialization
5protocols.
 
6    (720 ILCS 5/24-1.12 new)
7    Sec. 24-1.12. Unlawful commercial manufacture of
8serialized handgun ammunition.
9    (a) Beginning January 1, 2022, a person commits unlawful
10commercial manufacture of serialized handgun ammunition when
11he or she knowingly engages in the commercial manufacture of
12serialized handgun ammunition and sells, loans, or transfers
13serialized handgun ammunition within this State, without being
14a registered handgun ammunition manufacturer. A violation of
15this subsection (a) is a Class A misdemeanor.
16    (b) Manufacturers shall:
17        (1) register with the Illinois State Police in a
18    manner prescribed by the Illinois State Police;
19        (2) maintain records on the business premises for a
20    period of 7 years concerning all sales, loans, and
21    transfers of handgun ammunition, to, from, or within this
22    State; and
23        (3) comply with all other rules concerning handgun
24    ammunition manufacture and sale adopted by the Illinois
25    State Police.

 

 

HB3088- 11 -LRB102 10044 RLC 15364 b

1    (c) Any manufacturer who knowingly fails to comply with
2the provisions of this Section is liable for a civil fine
3payable to the Illinois State Police of not more than $1,000
4for a first violation, not more than $5,000 for a second
5violation, and not more than $10,000 for a third and
6subsequent violation. A civil action to enforce this Section
7may be brought by a municipal attorney, State's Attorney, or
8the Attorney General. This subsection (c) does not preclude
9any other remedy available under State law.
10    (d) The Illinois State Police may inspect handgun
11ammunition manufacturers to ensure compliance with this
12Section.
 
13    (720 ILCS 5/24-2)
14    Sec. 24-2. Exemptions.
15    (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and
1624-1(a)(13) and Section 24-1.6 do not apply to or affect any of
17the following:
18        (1) Peace officers, and any person summoned by a peace
19    officer to assist in making arrests or preserving the
20    peace, while actually engaged in assisting such officer.
21        (2) Wardens, superintendents and keepers of prisons,
22    penitentiaries, jails and other institutions for the
23    detention of persons accused or convicted of an offense,
24    while in the performance of their official duty, or while
25    commuting between their homes and places of employment.

 

 

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1        (3) Members of the Armed Services or Reserve Forces of
2    the United States or the Illinois National Guard or the
3    Reserve Officers Training Corps, while in the performance
4    of their official duty.
5        (4) Special agents employed by a railroad or a public
6    utility to perform police functions, and guards of armored
7    car companies, while actually engaged in the performance
8    of the duties of their employment or commuting between
9    their homes and places of employment; and watchmen while
10    actually engaged in the performance of the duties of their
11    employment.
12        (5) Persons licensed as private security contractors,
13    private detectives, or private alarm contractors, or
14    employed by a private security contractor, private
15    detective, or private alarm contractor agency licensed by
16    the Department of Financial and Professional Regulation,
17    if their duties include the carrying of a weapon under the
18    provisions of the Private Detective, Private Alarm,
19    Private Security, Fingerprint Vendor, and Locksmith Act of
20    2004, while actually engaged in the performance of the
21    duties of their employment or commuting between their
22    homes and places of employment. A person shall be
23    considered eligible for this exemption if he or she has
24    completed the required 20 hours of training for a private
25    security contractor, private detective, or private alarm
26    contractor, or employee of a licensed private security

 

 

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1    contractor, private detective, or private alarm contractor
2    agency and 20 hours of required firearm training, and has
3    been issued a firearm control card by the Department of
4    Financial and Professional Regulation. Conditions for the
5    renewal of firearm control cards issued under the
6    provisions of this Section shall be the same as for those
7    cards issued under the provisions of the Private
8    Detective, Private Alarm, Private Security, Fingerprint
9    Vendor, and Locksmith Act of 2004. The firearm control
10    card shall be carried by the private security contractor,
11    private detective, or private alarm contractor, or
12    employee of the licensed private security contractor,
13    private detective, or private alarm contractor agency at
14    all times when he or she is in possession of a concealable
15    weapon permitted by his or her firearm control card.
16        (6) Any person regularly employed in a commercial or
17    industrial operation as a security guard for the
18    protection of persons employed and private property
19    related to such commercial or industrial operation, while
20    actually engaged in the performance of his or her duty or
21    traveling between sites or properties belonging to the
22    employer, and who, as a security guard, is a member of a
23    security force registered with the Department of Financial
24    and Professional Regulation; provided that such security
25    guard has successfully completed a course of study,
26    approved by and supervised by the Department of Financial

 

 

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1    and Professional Regulation, consisting of not less than
2    40 hours of training that includes the theory of law
3    enforcement, liability for acts, and the handling of
4    weapons. A person shall be considered eligible for this
5    exemption if he or she has completed the required 20 hours
6    of training for a security officer and 20 hours of
7    required firearm training, and has been issued a firearm
8    control card by the Department of Financial and
9    Professional Regulation. Conditions for the renewal of
10    firearm control cards issued under the provisions of this
11    Section shall be the same as for those cards issued under
12    the provisions of the Private Detective, Private Alarm,
13    Private Security, Fingerprint Vendor, and Locksmith Act of
14    2004. The firearm control card shall be carried by the
15    security guard at all times when he or she is in possession
16    of a concealable weapon permitted by his or her firearm
17    control card.
18        (7) Agents and investigators of the Illinois
19    Legislative Investigating Commission authorized by the
20    Commission to carry the weapons specified in subsections
21    24-1(a)(3) and 24-1(a)(4), while on duty in the course of
22    any investigation for the Commission.
23        (8) Persons employed by a financial institution as a
24    security guard for the protection of other employees and
25    property related to such financial institution, while
26    actually engaged in the performance of their duties,

 

 

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1    commuting between their homes and places of employment, or
2    traveling between sites or properties owned or operated by
3    such financial institution, and who, as a security guard,
4    is a member of a security force registered with the
5    Department; provided that any person so employed has
6    successfully completed a course of study, approved by and
7    supervised by the Department of Financial and Professional
8    Regulation, consisting of not less than 40 hours of
9    training which includes theory of law enforcement,
10    liability for acts, and the handling of weapons. A person
11    shall be considered to be eligible for this exemption if
12    he or she has completed the required 20 hours of training
13    for a security officer and 20 hours of required firearm
14    training, and has been issued a firearm control card by
15    the Department of Financial and Professional Regulation.
16    Conditions for renewal of firearm control cards issued
17    under the provisions of this Section shall be the same as
18    for those issued under the provisions of the Private
19    Detective, Private Alarm, Private Security, Fingerprint
20    Vendor, and Locksmith Act of 2004. The firearm control
21    card shall be carried by the security guard at all times
22    when he or she is in possession of a concealable weapon
23    permitted by his or her firearm control card. For purposes
24    of this subsection, "financial institution" means a bank,
25    savings and loan association, credit union or company
26    providing armored car services.

 

 

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1        (9) Any person employed by an armored car company to
2    drive an armored car, while actually engaged in the
3    performance of his duties.
4        (10) Persons who have been classified as peace
5    officers pursuant to the Peace Officer Fire Investigation
6    Act.
7        (11) Investigators of the Office of the State's
8    Attorneys Appellate Prosecutor authorized by the board of
9    governors of the Office of the State's Attorneys Appellate
10    Prosecutor to carry weapons pursuant to Section 7.06 of
11    the State's Attorneys Appellate Prosecutor's Act.
12        (12) Special investigators appointed by a State's
13    Attorney under Section 3-9005 of the Counties Code.
14        (12.5) Probation officers while in the performance of
15    their duties, or while commuting between their homes,
16    places of employment or specific locations that are part
17    of their assigned duties, with the consent of the chief
18    judge of the circuit for which they are employed, if they
19    have received weapons training according to requirements
20    of the Peace Officer and Probation Officer Firearm
21    Training Act.
22        (13) Court Security Officers while in the performance
23    of their official duties, or while commuting between their
24    homes and places of employment, with the consent of the
25    Sheriff.
26        (13.5) A person employed as an armed security guard at

 

 

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1    a nuclear energy, storage, weapons or development site or
2    facility regulated by the Nuclear Regulatory Commission
3    who has completed the background screening and training
4    mandated by the rules and regulations of the Nuclear
5    Regulatory Commission.
6        (14) Manufacture, transportation, or sale of weapons
7    to persons authorized under subdivisions (1) through
8    (13.5) of this subsection to possess those weapons.
9    (a-5) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply
10to or affect any person carrying a concealed pistol, revolver,
11or handgun and the person has been issued a currently valid
12license under the Firearm Concealed Carry Act at the time of
13the commission of the offense.
14     (a-6) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply
15to or affect a qualified current or retired law enforcement
16officer qualified under the laws of this State or under the
17federal Law Enforcement Officers Safety Act.
18    (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
1924-1.6 do not apply to or affect any of the following:
20        (1) Members of any club or organization organized for
21    the purpose of practicing shooting at targets upon
22    established target ranges, whether public or private, and
23    patrons of such ranges, while such members or patrons are
24    using their firearms on those target ranges.
25        (2) Duly authorized military or civil organizations
26    while parading, with the special permission of the

 

 

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1    Governor.
2        (3) Hunters, trappers or fishermen with a license or
3    permit while engaged in hunting, trapping or fishing.
4        (4) Transportation of weapons that are broken down in
5    a non-functioning state or are not immediately accessible.
6        (5) Carrying or possessing any pistol, revolver, stun
7    gun or taser or other firearm on the land or in the legal
8    dwelling of another person as an invitee with that
9    person's permission.
10    (c) Subsection 24-1(a)(7) does not apply to or affect any
11of the following:
12        (1) Peace officers while in performance of their
13    official duties.
14        (2) Wardens, superintendents and keepers of prisons,
15    penitentiaries, jails and other institutions for the
16    detention of persons accused or convicted of an offense.
17        (3) Members of the Armed Services or Reserve Forces of
18    the United States or the Illinois National Guard, while in
19    the performance of their official duty.
20        (4) Manufacture, transportation, or sale of machine
21    guns to persons authorized under subdivisions (1) through
22    (3) of this subsection to possess machine guns, if the
23    machine guns are broken down in a non-functioning state or
24    are not immediately accessible.
25        (5) Persons licensed under federal law to manufacture
26    any weapon from which 8 or more shots or bullets can be

 

 

HB3088- 19 -LRB102 10044 RLC 15364 b

1    discharged by a single function of the firing device, or
2    ammunition for such weapons, and actually engaged in the
3    business of manufacturing such weapons or ammunition, but
4    only with respect to activities which are within the
5    lawful scope of such business, such as the manufacture,
6    transportation, or testing of such weapons or ammunition.
7    This exemption does not authorize the general private
8    possession of any weapon from which 8 or more shots or
9    bullets can be discharged by a single function of the
10    firing device, but only such possession and activities as
11    are within the lawful scope of a licensed manufacturing
12    business described in this paragraph.
13        During transportation, such weapons shall be broken
14    down in a non-functioning state or not immediately
15    accessible.
16        (6) The manufacture, transport, testing, delivery,
17    transfer or sale, and all lawful commercial or
18    experimental activities necessary thereto, of rifles,
19    shotguns, and weapons made from rifles or shotguns, or
20    ammunition for such rifles, shotguns or weapons, where
21    engaged in by a person operating as a contractor or
22    subcontractor pursuant to a contract or subcontract for
23    the development and supply of such rifles, shotguns,
24    weapons or ammunition to the United States government or
25    any branch of the Armed Forces of the United States, when
26    such activities are necessary and incident to fulfilling

 

 

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1    the terms of such contract.
2        The exemption granted under this subdivision (c)(6)
3    shall also apply to any authorized agent of any such
4    contractor or subcontractor who is operating within the
5    scope of his employment, where such activities involving
6    such weapon, weapons or ammunition are necessary and
7    incident to fulfilling the terms of such contract.
8        (7) A person possessing a rifle with a barrel or
9    barrels less than 16 inches in length if: (A) the person
10    has been issued a Curios and Relics license from the U.S.
11    Bureau of Alcohol, Tobacco, Firearms and Explosives; or
12    (B) the person is an active member of a bona fide,
13    nationally recognized military re-enacting group and the
14    modification is required and necessary to accurately
15    portray the weapon for historical re-enactment purposes;
16    the re-enactor is in possession of a valid and current
17    re-enacting group membership credential; and the overall
18    length of the weapon as modified is not less than 26
19    inches.
20    (d) Subsection 24-1(a)(1) does not apply to the purchase,
21possession or carrying of a black-jack or slung-shot by a
22peace officer.
23    (e) Subsection 24-1(a)(8) does not apply to any owner,
24manager or authorized employee of any place specified in that
25subsection nor to any law enforcement officer.
26    (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and

 

 

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1Section 24-1.6 do not apply to members of any club or
2organization organized for the purpose of practicing shooting
3at targets upon established target ranges, whether public or
4private, while using their firearms on those target ranges.
5    (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply
6to:
7        (1) Members of the Armed Services or Reserve Forces of
8    the United States or the Illinois National Guard, while in
9    the performance of their official duty.
10        (2) Bonafide collectors of antique or surplus military
11    ordnance.
12        (3) Laboratories having a department of forensic
13    ballistics, or specializing in the development of
14    ammunition or explosive ordnance.
15        (4) Commerce, preparation, assembly or possession of
16    explosive bullets by manufacturers of ammunition licensed
17    by the federal government, in connection with the supply
18    of those organizations and persons exempted by subdivision
19    (g)(1) of this Section, or like organizations and persons
20    outside this State, or the transportation of explosive
21    bullets to any organization or person exempted in this
22    Section by a common carrier or by a vehicle owned or leased
23    by an exempted manufacturer.
24    (g-5) Subsection 24-1(a)(6) does not apply to or affect
25persons licensed under federal law to manufacture any device
26or attachment of any kind designed, used, or intended for use

 

 

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1in silencing the report of any firearm, firearms, or
2ammunition for those firearms equipped with those devices, and
3actually engaged in the business of manufacturing those
4devices, firearms, or ammunition, but only with respect to
5activities that are within the lawful scope of that business,
6such as the manufacture, transportation, or testing of those
7devices, firearms, or ammunition. This exemption does not
8authorize the general private possession of any device or
9attachment of any kind designed, used, or intended for use in
10silencing the report of any firearm, but only such possession
11and activities as are within the lawful scope of a licensed
12manufacturing business described in this subsection (g-5).
13During transportation, these devices shall be detached from
14any weapon or not immediately accessible.
15    (g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
1624-1.6 do not apply to or affect any parole agent or parole
17supervisor who meets the qualifications and conditions
18prescribed in Section 3-14-1.5 of the Unified Code of
19Corrections.
20    (g-7) Subsection 24-1(a)(6) does not apply to a peace
21officer while serving as a member of a tactical response team
22or special operations team. A peace officer may not personally
23own or apply for ownership of a device or attachment of any
24kind designed, used, or intended for use in silencing the
25report of any firearm. These devices shall be owned and
26maintained by lawfully recognized units of government whose

 

 

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1duties include the investigation of criminal acts.
2    (g-10) Subsections 24-1(a)(4), 24-1(a)(8), and
324-1(a)(10), and Sections 24-1.6 and 24-3.1 do not apply to an
4athlete's possession, transport on official Olympic and
5Paralympic transit systems established for athletes, or use of
6competition firearms sanctioned by the International Olympic
7Committee, the International Paralympic Committee, the
8International Shooting Sport Federation, or USA Shooting in
9connection with such athlete's training for and participation
10in shooting competitions at the 2016 Olympic and Paralympic
11Games and sanctioned test events leading up to the 2016
12Olympic and Paralympic Games.
13    (g-15) Subsections 24-1.10 (a) and 24-1.10 (b) do not
14apply to or affect any of the following:
15        (1) Possession, for purposes of investigation or
16    disposition of any non-serialized handgun ammunition, by a
17    forensic laboratory or any authorized agent or employee of
18    that laboratory in the course and scope of his or her
19    authorized activities.
20        (2) Possession, for purposes of investigation,
21    evidence, or disposition, of any non-serialized handgun
22    ammunition by any State or unit of local government agency
23    charged with law enforcement or by the Illinois State
24    Police or by any authorized agent or employee of the
25    agency, within the course and scope of his or her official
26    duties.

 

 

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1        (3) Possession, for purposes of disposal, or the
2    disposal, of non-serialized handgun ammunition by an
3    executor or administrator of an estate if all of the
4    following are met:
5            (A) the non-serialized handgun ammunition was
6        lawfully possessed, included within the estate, and
7        the executor or administrator possesses or disposes of
8        the non-serialized handgun ammunition in a manner
9        consistent with this Article.
10            (B) the disposition is to a person or entity that
11        may possess the non-serialized handgun ammunition in a
12        manner consistent with this Article and possession is
13        otherwise lawful; and
14            (C) the disposition transfers the non-serialized
15        handgun ammunition out of this State or to a law
16        enforcement agency for disposition.
17        (4) Possession of non-serialized handgun ammunition
18    for purposes of transporting it to a law enforcement
19    agency for disposition, if possession is otherwise lawful,
20    and if the law enforcement agency has been notified prior
21    to delivery of the handgun ammunition.
22        (5) Possession of non-serialized handgun ammunition by
23    peace officers from other states during the discharge of
24    their official duties in this State.
25        (6) Possession of non-serialized handgun ammunition by
26    members of the Armed Services or Reserve Forces of the

 

 

HB3088- 25 -LRB102 10044 RLC 15364 b

1    United States or the Illinois National Guard or the
2    Reserve Officers Training Corps, while in the performance
3    of their official duties.
4        (7) Possession or exhibition of non-serialized handgun
5    ammunition by a museum or collector, in a fixed or mobile
6    exhibit or for educational purposes.
7        (8) Transportation of non-serialized handgun
8    ammunition by those permitted to be in possession of that
9    ammunition and firearms for that ammunition from their
10    residence to public and private shooting events and ranges
11    for a period of 10 years after the effective date of this
12    amendatory act of the 102nd General Assembly.
13        (9) Transfer of non-serialized handgun ammunition from
14    a retail mercantile establishment in this state to another
15    retail mercantile establishment outside of this State.
16        (10) Possession of non-serialized handgun ammunition
17    inventory by a retail mercantile establishment
18    manufactured before January 1, 2022 and possessed by the
19    retail mercantile establishment until that inventory is
20    sold or exhausted in compliance with this Article.
21        (11) Possession of non-serialized handgun ammunition
22    by a person issued a concealed carry license by the
23    Illinois State Police under the Firearm Concealed Carry
24    Act or issued a Firearm Owner's Identification Card by the
25    Illinois State Police under the Firearm Owners
26    Identification Card Act on his or her person, in a

 

 

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1    firearm, or in a vehicle for 15 years after the effective
2    date of this amendatory Act of the 102nd General Assembly.
3        (12) Possession of non-serialized handgun ammunition
4    by persons engaged in the development of new calibers, new
5    rifles, new handguns, and ammunition that is used in those
6    rifles and handguns or modifications to existing rifles or
7    handguns. Possession of non-serialized handgun ammunition
8    under this paragraph (12) must be in compliance with this
9    Article, the number of rounds must not exceed 15,000, must
10    be used solely for development purposes, and must be
11    transported with the firearms for which they are used.
12        (13) Possession of non-serialized handgun ammunition
13    by persons engaged in the non-commercial reloading of
14    ammunition.
15        (14) Possession and storage of non-serialized handgun
16    ammunition in the owner's dwelling, farm, or farm
17    outbuilding, or while at a public or private firearm
18    range.
19        (15) Possession of non-serialized handgun ammunition
20    by persons involved in the protection of dignitaries from
21    domestic or foreign governments under the direction and
22    authorization of the Illinois State Police, which may
23    charge a fee for use of that ammunition which shall not
24    exceed the cost of that ammunition to the Illinois State
25    Police.
26        (16) Ammunition used in black powder firearms

 

 

HB3088- 27 -LRB102 10044 RLC 15364 b

1    regardless of the date of manufacture of the firearms.
2        (17) Projectiles that are determined by the Illinois
3    State Police to be less than lethal that may be fired from
4    devices that are in possession of persons lawfully able to
5    possess those devices.
6    (g-16) The Illinois State Police shall annually review the
7exemptions contained in subsection (g-15) of this Section and
8make recommendations to the Governor and General Assembly for
9changes in exemptions permitted by subsection (g-15).
10    (h) An information or indictment based upon a violation of
11any subsection of this Article need not negative any
12exemptions contained in this Article. The defendant shall have
13the burden of proving such an exemption.
14    (i) Nothing in this Article shall prohibit, apply to, or
15affect the transportation, carrying, or possession, of any
16pistol or revolver, stun gun, taser, or other firearm
17consigned to a common carrier operating under license of the
18State of Illinois or the federal government, where such
19transportation, carrying, or possession is incident to the
20lawful transportation in which such common carrier is engaged;
21and nothing in this Article shall prohibit, apply to, or
22affect the transportation, carrying, or possession of any
23pistol, revolver, stun gun, taser, or other firearm, not the
24subject of and regulated by subsection 24-1(a)(7) or
25subsection 24-2(c) of this Article, which is unloaded and
26enclosed in a case, firearm carrying box, shipping box, or

 

 

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1other container, by the possessor of a valid Firearm Owners
2Identification Card.
3(Source: P.A. 100-201, eff. 8-18-17; 101-80, eff. 7-12-19.)
 
4    (720 ILCS 5/24-4)  (from Ch. 38, par. 24-4)
5    Sec. 24-4. Register of sales by dealer.
6    (a) Any seller of firearms of a size which may be concealed
7upon the person, other than a manufacturer selling to a bona
8fide wholesaler or retailer or a wholesaler selling to a bona
9fide retailer, shall keep a register of all firearms sold or
10given away.
11    (b) Such register shall contain the date of the sale or
12gift, the name, address, age and occupation of the person to
13whom the weapon is sold or given, the price of the weapon, the
14kind, description and number of the weapon, and the purpose
15for which it is purchased and obtained.
16    (c) Such seller on demand of a peace officer shall produce
17for inspection the register and allow such peace officer to
18inspect such register and all stock on hand.
19    (c-5) Beginning January 1, 2022, the Illinois State Police
20shall maintain a centralized registry of all reports of
21handgun ammunition transactions reported to the Illinois State
22Police under Section 24-1.11, in a manner prescribed by the
23Illinois State Police. Information in the registry, upon
24proper application for that information, shall be furnished to
25the officers listed in Section 24-1.11, or to the person

 

 

HB3088- 29 -LRB102 10044 RLC 15364 b

1listed in the registry as the owner of the particular handgun
2ammunition.
3    (d) Sentence.
4    Violation of this Section is a Class B misdemeanor.
5(Source: P.A. 77-2638.)
 
6    (720 ILCS 5/24-5)  (from Ch. 38, par. 24-5)
7    Sec. 24-5. Defacing identification marks of firearms.
8    (a) Any person who shall knowingly or intentionally
9change, alter, remove or obliterate the name of the importer's
10or manufacturer's serial number of any firearm commits a Class
112 felony.
12    (b) A person who possesses any firearm upon which any such
13importer's or manufacturer's serial number has been changed,
14altered, removed or obliterated commits a Class 3 felony.
15    (b-5) Beginning January 1, 2022, any person who knowingly
16destroys, obliterates, or otherwise renders unreadable, the
17serialization required under Section 24-1.10, on any bullet or
18assembled handgun ammunition is guilty of a Class A
19misdemeanor.
20    (c) Nothing in this Section shall prevent a person from
21making repairs, replacement of parts, or other changes to a
22firearm if those repairs, replacement of parts, or changes
23cause the removal of the name of the maker, model, or other
24marks of identification other than the serial number on the
25firearm's frame or receiver.

 

 

HB3088- 30 -LRB102 10044 RLC 15364 b

1    (d) A prosecution for a violation of this Section may be
2commenced within 6 years after the commission of the offense.
3(Source: P.A. 93-906, eff. 8-11-04.)
 
4    Section 99. Effective date. This Act takes effect upon
5becoming law.

 

 

HB3088- 31 -LRB102 10044 RLC 15364 b

1 INDEX
2 Statutes amended in order of appearance
3    720 ILCS 5/24-0.05 new
4    720 ILCS 5/24-1.9 new
5    720 ILCS 5/24-1.10 new
6    720 ILCS 5/24-1.11 new
7    720 ILCS 5/24-1.12 new
8    720 ILCS 5/24-2
9    720 ILCS 5/24-4from Ch. 38, par. 24-4
10    720 ILCS 5/24-5from Ch. 38, par. 24-5