Illinois General Assembly - Full Text of HB5855
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Full Text of HB5855  102nd General Assembly

HB5855 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB5855

 

Introduced , by Rep. Bob Morgan

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the Illinois State Police Law of the Civil Administrative Code of Illinois. Provides that the Division of Criminal Investigation of the Illinois State Police shall conduct other investigations as provided by law, including, but not limited to, investigations of human trafficking, illegal drug trafficking, and illegal firearms trafficking. Provides that the Division of Criminal Investigation shall provide statewide coordination and strategy pertaining to firearm-related intelligence, firearms trafficking interdiction, and investigations. Amends the Firearm Owners Identification Card Act. Eliminates provisions that permit a person under 21 years of age who is not an active duty member of the United States Armed Forces or the Illinois National Guard to obtain a Firearm Owner's Identification Card with parental consent. Amends the Wildlife Code. Provides that when a person under 21 years of age is hunting under the supervision of a adult, the adult must possess a Firearm Owners Identification Card. Amends the Firearms Restraining Order Act. Provides that the State's Attorney of the county where the petition is filed may act as a friend of the court in any action filed under the Act. Provides that a petitioner may request a one-year (rather than 6-month) firearms restraining order. Amends the Criminal Code of 2012. Makes it unlawful to manufacture, deliver, sell, or purchase or cause to be manufactured, delivered, sold, or purchased or cause to be possessed by another, an assault weapon, assault weapon attachment, .50 caliber rifle, or .50 caliber cartridge. Makes it unlawful for any person to knowingly possess an assault weapon, .50 caliber rifle, or .50 caliber cartridge 300 days after the effective date of the amendatory Act, except possession of weapons registered with the Illinois State Police in the time provided. Provides exemptions and penalties. Prohibits the manufacture, delivery, sale, purchase, or possession of large capacity ammunition feeding devices. Defines terms. Provides exemptions and penalties. Makes other changes. Effective immediately.


LRB102 29834 RJT 41951 b

 

 

A BILL FOR

 

HB5855LRB102 29834 RJT 41951 b

1    AN ACT concerning safety.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. This Act may be referred to as the Protect
5Illinois Communities Act.
 
6    Section 5. The Illinois State Police Law of the Civil
7Administrative Code of Illinois is amended by changing
8Sections 2605-35 and 2605-51.1 as follows:
 
9    (20 ILCS 2605/2605-35)  (was 20 ILCS 2605/55a-3)
10    Sec. 2605-35. Division of Criminal Investigation.
11    (a) The Division of Criminal Investigation shall exercise
12the following functions and those in Section 2605-30:
13        (1) Exercise the rights, powers, and duties vested by
14    law in the Illinois State Police by the Illinois Horse
15    Racing Act of 1975, including those set forth in Section
16    2605-215.
17        (2) Investigate the origins, activities, personnel,
18    and incidents of crime and enforce the criminal laws of
19    this State related thereto.
20        (3) Enforce all laws regulating the production, sale,
21    prescribing, manufacturing, administering, transporting,
22    having in possession, dispensing, delivering,

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1    (430 ILCS 65/2)  (from Ch. 38, par. 83-2)
2    Sec. 2. Firearm Owner's Identification Card required;
3exceptions.
4    (a) (1) No person may acquire or possess any firearm, stun
5gun, or taser within this State without having in his or her
6possession a Firearm Owner's Identification Card previously
7issued in his or her name by the Illinois State Police under
8the provisions of this Act.
9    (2) No person may acquire or possess firearm ammunition
10within this State without having in his or her possession a
11Firearm Owner's Identification Card previously issued in his
12or her name by the Illinois State Police under the provisions
13of this Act.
14    (b) The provisions of this Section regarding the
15possession of firearms, firearm ammunition, stun guns, and
16tasers do not apply to:
17        (1) United States Marshals, while engaged in the
18    operation of their official duties;
19        (2) Members of the Armed Forces of the United States
20    or the National Guard, while engaged in the operation of
21    their official duties;
22        (3) Federal officials required to carry firearms,
23    while engaged in the operation of their official duties;
24        (4) Members of bona fide veterans organizations which
25    receive firearms directly from the armed forces of the

 

 

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1    United States, while using the firearms for ceremonial
2    purposes with blank ammunition;
3        (5) Nonresident hunters 21 years of age or older
4    during hunting season, with valid nonresident hunting
5    licenses and while in an area where hunting is permitted;
6    however, at all other times and in all other places these
7    persons must have their firearms unloaded and enclosed in
8    a case;
9        (6) Those hunters exempt from obtaining a hunting
10    license who are required to submit their Firearm Owner's
11    Identification Card when hunting on Department of Natural
12    Resources owned or managed sites;
13        (7) Nonresidents while on a firing or shooting range
14    recognized by the Illinois State Police; however, these
15    persons must at all other times and in all other places
16    have their firearms unloaded and enclosed in a case;
17        (8) Nonresidents while at a firearm showing or display
18    recognized by the Illinois State Police; however, at all
19    other times and in all other places these persons must
20    have their firearms unloaded and enclosed in a case;
21        (9) Nonresidents whose firearms are unloaded and
22    enclosed in a case;
23        (10) Nonresidents who are currently licensed or
24    registered to possess a firearm in their resident state;
25        (11) Unemancipated minors while in the custody and
26    immediate control of their parent or legal guardian or

 

 

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1    other person in loco parentis to the minor if the parent or
2    legal guardian or other person in loco parentis to the
3    minor has a currently valid Firearm Owner's Identification
4    Card;
5        (12) Color guards of bona fide veterans organizations
6    or members of bona fide American Legion bands while using
7    firearms for ceremonial purposes with blank ammunition;
8        (13) Nonresident hunters 21 years of age or older
9    whose state of residence does not require them to be
10    licensed or registered to possess a firearm and only
11    during hunting season, with valid hunting licenses, while
12    accompanied by, and using a firearm owned by, a person who
13    possesses a valid Firearm Owner's Identification Card and
14    while in an area within a commercial club licensed under
15    the Wildlife Code where hunting is permitted and
16    controlled, but in no instance upon sites owned or managed
17    by the Department of Natural Resources;
18        (14) Resident hunters who are properly authorized to
19    hunt and, while accompanied by a person who possesses a
20    valid Firearm Owner's Identification Card, hunt in an area
21    within a commercial club licensed under the Wildlife Code
22    where hunting is permitted and controlled; and
23        (15) A person who is otherwise eligible to obtain a
24    Firearm Owner's Identification Card under this Act and is
25    under the direct supervision of a holder of a Firearm
26    Owner's Identification Card who is 21 years of age or

 

 

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1    older while the person is on a firing or shooting range or
2    is a participant in a firearms safety and training course
3    recognized by a law enforcement agency or a national,
4    statewide shooting sports organization; and
5        (16) Competitive shooting athletes whose competition
6    firearms are sanctioned by the International Olympic
7    Committee, the International Paralympic Committee, the
8    International Shooting Sport Federation, or USA Shooting
9    in connection with such athletes' training for and
10    participation in shooting competitions at the 2016 Olympic
11    and Paralympic Games and sanctioned test events leading up
12    to the 2016 Olympic and Paralympic Games.
13    (c) The provisions of this Section regarding the
14acquisition and possession of firearms, firearm ammunition,
15stun guns, and tasers do not apply to law enforcement
16officials of this or any other jurisdiction, while engaged in
17the operation of their official duties.
18    (c-5) The provisions of paragraphs (1) and (2) of
19subsection (a) of this Section regarding the possession of
20firearms and firearm ammunition do not apply to the holder of a
21valid concealed carry license issued under the Firearm
22Concealed Carry Act who is in physical possession of the
23concealed carry license.
24    (d) Any person who becomes a resident of this State, who is
25not otherwise prohibited from obtaining, possessing, or using
26a firearm or firearm ammunition, shall not be required to have

 

 

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1a Firearm Owner's Identification Card to possess firearms or
2firearms ammunition until 60 calendar days after he or she
3obtains an Illinois driver's license or Illinois
4Identification Card.
5(Source: P.A. 102-538, eff. 8-20-21.)
 
6    (430 ILCS 65/4)  (from Ch. 38, par. 83-4)
7    Sec. 4. Application for Firearm Owner's Identification
8Cards.
9    (a) Each applicant for a Firearm Owner's Identification
10Card must:
11        (1) Submit an application as made available by the
12    Illinois State Police; and
13        (2) Submit evidence to the Illinois State Police that:
14            (i) (Blank); This subparagraph (i) applies through
15        the 180th day following July 12, 2019 (the effective
16        date of Public Act 101-80). He or she is 21 years of
17        age or over, or if he or she is under 21 years of age
18        that he or she has the written consent of his or her
19        parent or legal guardian to possess and acquire
20        firearms and firearm ammunition and that he or she has
21        never been convicted of a misdemeanor other than a
22        traffic offense or adjudged delinquent, provided,
23        however, that such parent or legal guardian is not an
24        individual prohibited from having a Firearm Owner's
25        Identification Card and files an affidavit with the

 

 

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

 

 

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1            (iii) He or she is not addicted to narcotics;
2            (iv) He or she has not been a patient in a mental
3        health facility within the past 5 years or, if he or
4        she has been a patient in a mental health facility more
5        than 5 years ago submit the certification required
6        under subsection (u) of Section 8 of this Act;
7            (v) He or she is not a person with an intellectual
8        disability;
9            (vi) He or she is not a noncitizen who is
10        unlawfully present in the United States under the laws
11        of the United States;
12            (vii) He or she is not subject to an existing order
13        of protection prohibiting him or her from possessing a
14        firearm;
15            (viii) He or she has not been convicted within the
16        past 5 years of battery, assault, aggravated assault,
17        violation of an order of protection, or a
18        substantially similar offense in another jurisdiction,
19        in which a firearm was used or possessed;
20            (ix) He or she has not been convicted of domestic
21        battery, aggravated domestic battery, or a
22        substantially similar offense in another jurisdiction
23        committed before, on or after January 1, 2012 (the
24        effective date of Public Act 97-158). If the applicant
25        knowingly and intelligently waives the right to have
26        an offense described in this clause (ix) tried by a

 

 

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1        jury, and by guilty plea or otherwise, results in a
2        conviction for an offense in which a domestic
3        relationship is not a required element of the offense
4        but in which a determination of the applicability of
5        18 U.S.C. 922(g)(9) is made under Section 112A-11.1 of
6        the Code of Criminal Procedure of 1963, an entry by the
7        court of a judgment of conviction for that offense
8        shall be grounds for denying the issuance of a Firearm
9        Owner's Identification Card under this Section;
10            (x) (Blank);
11            (xi) He or she is not a noncitizen who has been
12        admitted to the United States under a non-immigrant
13        visa (as that term is defined in Section 101(a)(26) of
14        the Immigration and Nationality Act (8 U.S.C.
15        1101(a)(26))), or that he or she is a noncitizen who
16        has been lawfully admitted to the United States under
17        a non-immigrant visa if that noncitizen is:
18                (1) admitted to the United States for lawful
19            hunting or sporting purposes;
20                (2) an official representative of a foreign
21            government who is:
22                    (A) accredited to the United States
23                Government or the Government's mission to an
24                international organization having its
25                headquarters in the United States; or
26                    (B) en route to or from another country to

 

 

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1                which that noncitizen is accredited;
2                (3) an official of a foreign government or
3            distinguished foreign visitor who has been so
4            designated by the Department of State;
5                (4) a foreign law enforcement officer of a
6            friendly foreign government entering the United
7            States on official business; or
8                (5) one who has received a waiver from the
9            Attorney General of the United States pursuant to
10            18 U.S.C. 922(y)(3);
11            (xii) He or she is not a minor subject to a
12        petition filed under Section 5-520 of the Juvenile
13        Court Act of 1987 alleging that the minor is a
14        delinquent minor for the commission of an offense that
15        if committed by an adult would be a felony;
16            (xiii) He or she is not an adult who had been
17        adjudicated a delinquent minor under the Juvenile
18        Court Act of 1987 for the commission of an offense that
19        if committed by an adult would be a felony;
20            (xiv) He or she is a resident of the State of
21        Illinois;
22            (xv) He or she has not been adjudicated as a person
23        with a mental disability;
24            (xvi) He or she has not been involuntarily
25        admitted into a mental health facility; and
26            (xvii) He or she is not a person with a

 

 

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1        developmental disability; and
2        (3) Upon request by the Illinois State Police, sign a
3    release on a form prescribed by the Illinois State Police
4    waiving any right to confidentiality and requesting the
5    disclosure to the Illinois State Police of limited mental
6    health institution admission information from another
7    state, the District of Columbia, any other territory of
8    the United States, or a foreign nation concerning the
9    applicant for the sole purpose of determining whether the
10    applicant is or was a patient in a mental health
11    institution and disqualified because of that status from
12    receiving a Firearm Owner's Identification Card. No mental
13    health care or treatment records may be requested. The
14    information received shall be destroyed within one year of
15    receipt.
16    (a-5) Each applicant for a Firearm Owner's Identification
17Card who is over the age of 18 shall furnish to the Illinois
18State Police either his or her Illinois driver's license
19number or Illinois Identification Card number, except as
20provided in subsection (a-10).
21    (a-10) Each applicant for a Firearm Owner's Identification
22Card, who is employed as a law enforcement officer, an armed
23security officer in Illinois, or by the United States Military
24permanently assigned in Illinois and who is not an Illinois
25resident, shall furnish to the Illinois State Police his or
26her driver's license number or state identification card

 

 

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1number from his or her state of residence. The Illinois State
2Police may adopt rules to enforce the provisions of this
3subsection (a-10).
4    (a-15) If an applicant applying for a Firearm Owner's
5Identification Card moves from the residence address named in
6the application, he or she shall immediately notify in a form
7and manner prescribed by the Illinois State Police of that
8change of address.
9    (a-20) Each applicant for a Firearm Owner's Identification
10Card shall furnish to the Illinois State Police his or her
11photograph. An applicant who is 21 years of age or older
12seeking a religious exemption to the photograph requirement
13must furnish with the application an approved copy of United
14States Department of the Treasury Internal Revenue Service
15Form 4029. In lieu of a photograph, an applicant regardless of
16age seeking a religious exemption to the photograph
17requirement shall submit fingerprints on a form and manner
18prescribed by the Illinois State Police with his or her
19application.
20    (a-25) Beginning January 1, 2023, each applicant for the
21issuance of a Firearm Owner's Identification Card may include
22a full set of his or her fingerprints in electronic format to
23the Illinois State Police, unless the applicant has previously
24provided a full set of his or her fingerprints to the Illinois
25State Police under this Act or the Firearm Concealed Carry
26Act.

 

 

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1    The fingerprints must be transmitted through a live scan
2fingerprint vendor licensed by the Department of Financial and
3Professional Regulation. The fingerprints shall be checked
4against the fingerprint records now and hereafter filed in the
5Illinois State Police and Federal Bureau of Investigation
6criminal history records databases, including all available
7State and local criminal history record information files.
8    The Illinois State Police shall charge applicants a
9one-time fee for conducting the criminal history record check,
10which shall be deposited into the State Police Services Fund
11and shall not exceed the actual cost of the State and national
12criminal history record check.
13    (a-26) The Illinois State Police shall research, explore,
14and report to the General Assembly by January 1, 2022 on the
15feasibility of permitting voluntarily submitted fingerprints
16obtained for purposes other than Firearm Owner's
17Identification Card enforcement that are contained in the
18Illinois State Police database for purposes of this Act.
19    (b) Each application form shall include the following
20statement printed in bold type: "Warning: Entering false
21information on an application for a Firearm Owner's
22Identification Card is punishable as a Class 2 felony in
23accordance with subsection (d-5) of Section 14 of the Firearm
24Owners Identification Card Act.".
25    (c) Upon such written consent, pursuant to Section 4,
26paragraph (a)(2)(i), the parent or legal guardian giving the

 

 

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1consent shall be liable for any damages resulting from the
2applicant's use of firearms or firearm ammunition.
3(Source: P.A. 101-80, eff. 7-12-19; 102-237, eff. 1-1-22;
4102-538, eff. 8-20-21; 102-813, eff. 5-13-22; 102-1030, eff.
55-27-22.)
 
6    (430 ILCS 65/8)  (from Ch. 38, par. 83-8)
7    Sec. 8. Grounds for denial and revocation. The Illinois
8State Police has authority to deny an application for or to
9revoke and seize a Firearm Owner's Identification Card
10previously issued under this Act only if the Illinois State
11Police finds that the applicant or the person to whom such card
12was issued is or was at the time of issuance:
13        (a) A person under 21 years of age who has been
14    convicted of a misdemeanor other than a traffic offense or
15    adjudged delinquent;
16        (b) (Blank); This subsection (b) applies through the
17    180th day following July 12, 2019 (the effective date of
18    Public Act 101-80). A person under 21 years of age who does
19    not have the written consent of his parent or guardian to
20    acquire and possess firearms and firearm ammunition, or
21    whose parent or guardian has revoked such written consent,
22    or where such parent or guardian does not qualify to have a
23    Firearm Owner's Identification Card;
24        (b-5) This subsection (b-5) applies on and after the
25    181st day following July 12, 2019 (the effective date of

 

 

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

 

 

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

 

 

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

 

 

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1    922(g)(9) is made under Section 112A-11.1 of the Code of
2    Criminal Procedure of 1963, an entry by the court of a
3    judgment of conviction for that offense shall be grounds
4    for denying an application for and for revoking and
5    seizing a Firearm Owner's Identification Card previously
6    issued to the person under this Act;
7        (m) (Blank);
8        (n) A person who is prohibited from acquiring or
9    possessing firearms or firearm ammunition by any Illinois
10    State statute or by federal law;
11        (o) A minor subject to a petition filed under Section
12    5-520 of the Juvenile Court Act of 1987 alleging that the
13    minor is a delinquent minor for the commission of an
14    offense that if committed by an adult would be a felony;
15        (p) An adult who had been adjudicated a delinquent
16    minor under the Juvenile Court Act of 1987 for the
17    commission of an offense that if committed by an adult
18    would be a felony;
19        (q) A person who is not a resident of the State of
20    Illinois, except as provided in subsection (a-10) of
21    Section 4;
22        (r) A person who has been adjudicated as a person with
23    a mental disability;
24        (s) A person who has been found to have a
25    developmental disability;
26        (t) A person involuntarily admitted into a mental

 

 

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

 

 

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19.5 of this Act.
2(Source: P.A. 101-80, eff. 7-12-19; 102-538, eff. 8-20-21;
3102-645, eff. 1-1-22; 102-813, eff. 5-13-22; 102-1030, eff.
45-27-22.)
 
5    Section 15. The Firearms Restraining Order Act is amended
6by changing Sections 10, 40, 45, and 55 as follows:
 
7    (430 ILCS 67/10)
8    Sec. 10. Commencement of action; procedure.
9    (a) An action for a firearms restraining order is
10commenced by filing a verified petition for a firearms
11restraining order in any circuit court.
12    (b) A petition for a firearms restraining order may be
13filed in: (1) any county where the respondent resides or (2)
14any county where an incident occurred that involved the
15respondent posing an immediate and present danger of causing
16personal injury to the respondent or another by having in his
17or her custody or control, or purchasing, possessing, or
18receiving, a firearm, ammunition, or firearm parts that could
19be assembled to make an operable firearm.
20    (c) No fee shall be charged by the clerk for filing,
21amending, vacating, certifying, printing, or photocopying
22petitions or orders; or for issuing alias summons; or for any
23related filing service. No fee shall be charged by the sheriff
24or other law enforcement for service by the sheriff or other

 

 

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1law enforcement of a petition, rule, motion, or order in an
2action commenced under this Section.
3    (d) The court shall provide, through the office of the
4clerk of the court, simplified forms and clerical assistance
5to help with the writing and filing of a petition under this
6Section by any person not represented by counsel. In addition,
7that assistance may be provided by the State's Attorney.
8    (e) The State's Attorney of the county where the petition
9is filed may act as a friend of the court in any action filed
10under this Act. An Assistant State's Attorney of the county
11where the petition is filed may also be appointed as a friend
12of the court to assist a petitioner in court regarding
13firearms restraining orders.
14(Source: P.A. 101-81, eff. 7-12-19; 102-345, eff. 6-1-22.)
 
15    (430 ILCS 67/40)
16    Sec. 40. One-year Six-month orders.
17    (a) A petitioner may request a one-year 6-month firearms
18restraining order by filing an affidavit or verified pleading
19alleging that the respondent poses a significant danger of
20causing personal injury to himself, herself, or another in the
21near future by having in his or her custody or control,
22purchasing, possessing, or receiving a firearm, ammunition,
23and firearm parts that could be assembled to make an operable
24firearm. The petition shall also describe the number, types,
25and locations of any firearms, ammunition, and firearm parts

 

 

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1that could be assembled to make an operable firearm presently
2believed by the petitioner to be possessed or controlled by
3the respondent.
4    (b) If the respondent is alleged to pose a significant
5danger of causing personal injury to an intimate partner, or
6an intimate partner is alleged to have been the target of a
7threat or act of violence by the respondent, the petitioner
8shall make a good faith effort to provide notice to any and all
9intimate partners of the respondent. The notice must include
10that the petitioner intends to petition the court for a
11one-year 6-month firearms restraining order, and, if the
12petitioner is a law enforcement officer, referral to relevant
13domestic violence or stalking advocacy or counseling
14resources, if appropriate. The petitioner shall attest to
15having provided the notice in the filed affidavit or verified
16pleading. If, after making a good faith effort, the petitioner
17is unable to provide notice to any or all intimate partners,
18the affidavit or verified pleading should describe what
19efforts were made.
20    (c) Every person who files a petition for a one-year
216-month firearms restraining order, knowing the information
22provided to the court at any hearing or in the affidavit or
23verified pleading to be false, is guilty of perjury under
24Section 32-2 of the Criminal Code of 2012.
25    (d) Upon receipt of a petition for a one-year 6-month
26firearms restraining order, the court shall order a hearing

 

 

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

 

 

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1    including, but not limited to, threats of violence or acts
2    of violence by the respondent directed toward himself,
3    herself, or another.
4    (f) At the hearing, the petitioner shall have the burden
5of proving, by clear and convincing evidence, that the
6respondent poses a significant danger of personal injury to
7himself, herself, or another by having in his or her custody or
8control, purchasing, possessing, or receiving a firearm,
9ammunition, and firearm parts that could be assembled to make
10an operable firearm.
11    (g) If the court finds that there is clear and convincing
12evidence to issue a firearms restraining order, the court
13shall issue a firearms restraining order that shall be in
14effect for one year, 6 months subject to renewal under Section
1545 of this Act or termination under that Section.
16    (g-5) If the court issues a one-year 6-month firearms
17restraining order, it shall, upon a finding of probable cause
18that the respondent possesses firearms, ammunition, and
19firearm parts that could be assembled to make an operable
20firearm, issue a search warrant directing a law enforcement
21agency to seize the respondent's firearms, ammunition, and
22firearm parts that could be assembled to make an operable
23firearm. The court may, as part of that warrant, direct the law
24enforcement agency to search the respondent's residence and
25other places where the court finds there is probable cause to
26believe he or she is likely to possess the firearms,

 

 

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

 

 

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

 

 

HB5855- 32 -LRB102 29834 RJT 41951 b

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

 

 

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1    The person petitioning for the return of his or her
2firearm, ammunition, and firearm parts that could be assembled
3to make an operable firearm must swear or affirm by affidavit
4that he or she: (i) is the lawful owner of the firearm,
5ammunition, and firearm parts that could be assembled to make
6an operable firearm; (ii) shall not transfer the firearm,
7ammunition, and firearm parts that could be assembled to make
8an operable firearm to the respondent; and (iii) will store
9the firearm, ammunition, and firearm parts that could be
10assembled to make an operable firearm in a manner that the
11respondent does not have access to or control of the firearm,
12ammunition, and firearm parts that could be assembled to make
13an operable firearm.
14    (j) If the court does not issue a firearms restraining
15order at the hearing, the court shall dissolve any emergency
16firearms restraining order then in effect.
17    (k) When the court issues a firearms restraining order
18under this Section, the court shall inform the respondent that
19he or she is entitled to one hearing during the period of the
20order to request a termination of the order, under Section 45
21of this Act, and shall provide the respondent with a form to
22request a hearing.
23(Source: P.A. 101-81, eff. 7-12-19; 102-237, eff. 1-1-22;
24102-345, eff. 6-1-22; 102-538, eff. 8-20-21; 102-813, eff.
255-13-22.)
 

 

 

HB5855- 34 -LRB102 29834 RJT 41951 b

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

 

 

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

 

 

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1Police Department requires, copies of any recorded firearms
2restraining orders issued by the court, and any foreign orders
3of protection filed by the clerk of the court, and transmitted
4to the sheriff by the clerk of the court under Section 50. Each
5firearms restraining order shall be entered in the Law
6Enforcement Agencies Data System (LEADS) on the same day it is
7issued by the court. If an emergency firearms restraining
8order was issued in accordance with Section 35 of this Act, the
9order shall be entered in the Law Enforcement Agencies Data
10System (LEADS) as soon as possible after receipt from the
11clerk.
12    (b) The Illinois State Police shall maintain a complete
13and systematic record and index of all valid and recorded
14firearms restraining orders issued or filed under this Act.
15The data shall be used to inform all dispatchers and law
16enforcement officers at the scene of a violation of a firearms
17restraining order of the effective dates and terms of any
18recorded order of protection.
19    (c) The data, records, and transmittals required under
20this Section shall pertain to any valid emergency or one-year
216-month firearms restraining order, whether issued in a civil
22or criminal proceeding or authorized under the laws of another
23state, tribe, or United States territory.
24(Source: P.A. 101-81, eff. 7-12-19; 102-538, eff. 8-20-21.)
 
25    Section 20. The Wildlife Code is amended by changing

 

 

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1Sections 3.1-5 and 3.1-9 as follows:
 
2    (520 ILCS 5/3.1-5)
3    Sec. 3.1-5. Apprentice Hunter License Program.
4    (a) The Department shall establish an Apprentice Hunter
5License Program. The purpose of this Program shall be to
6extend limited hunting privileges, in lieu of obtaining a
7valid hunting license, to persons interested in learning about
8hunting sports.
9    (b) Any resident or nonresident may apply to the
10Department for an Apprentice Hunter License. The Apprentice
11Hunter License shall be a non-renewable license that shall
12expire on the March 31 following the date of issuance.
13    (c) The Apprentice Hunter License shall entitle the
14licensee to hunt on private property while supervised by a
15validly licensed resident or nonresident hunter who is 21
16years of age or older.
17    (c-5) The Apprentice Hunter License shall entitle the
18licensee to hunt on public property while supervised by a
19validly licensed resident or nonresident who is 21 years of
20age or older and has a hunter education certificate. When the
21licensee is hunting with a firearm under the supervision of a
22resident adult who is 21 years of age or older, the adult must
23also possess a valid Firearm Owner's Identification Card.
24    (d) In order to be approved for the Apprentice Hunter
25License, the applicant must request an Apprentice Hunter

 

 

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1License on a form designated and made available by the
2Department and submit a $7 fee, which shall be separate from
3and additional to any other stamp, permit, tag, or license fee
4that may be required for hunting under this Code. The
5Department shall adopt suitable administrative rules that are
6reasonable and necessary for the administration of the
7program, but shall not require any certificate of competency
8or other hunting education as a condition of the Apprentice
9Hunter License.
10(Source: P.A. 100-638, eff. 1-1-19; 101-444, eff. 6-1-20.)
 
11    (520 ILCS 5/3.1-9)
12    Sec. 3.1-9. Youth Hunting and Trapping License.
13    (a) Before any youth under 18 years of age shall take or
14attempt to take any species protected by Section 2.2 of this
15Code for which an open season is established, he or she shall
16first procure and possess a valid Youth Hunting and Trapping
17License. The Youth Hunting and Trapping License shall be a
18renewable license that shall expire on the March 31 following
19the date of issuance. The fee for a Youth Hunting and Trapping
20License is $7.
21    A Youth Hunting and Trapping License shall entitle the
22licensee to hunt while supervised by an adult who is 21 years
23of age or older and has a valid Illinois hunting license.
24    A youth licensed under this subsection (a) shall not hunt
25or carry a hunting device, including, but not limited to, a

 

 

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1firearm, bow and arrow, or crossbow unless the youth is
2accompanied by and under the close personal supervision of an
3adult who is 21 years of age or older and has a valid Illinois
4hunting license. When the youth is hunting with a firearm
5under the supervision of a resident adult who is 21 years of
6age or older, the adult must also possess a valid Firearm
7Owner's Identification Card.
8    The Department shall adopt rules for the administration of
9the program, but shall not require any certificate of
10competency or other hunting or trapping education as a
11condition of the Youth Hunting and Trapping License. If a
12youth has a valid certificate of competency for hunting from a
13hunter safety course approved by the Department, he or she is
14exempt from the supervision requirements for youth hunters in
15this Section.
16    (b) A Youth Hunting and Trapping License shall entitle the
17licensee to trap while supervised by an adult who is 21 years
18of age or older and has a valid Illinois trapping license.
19    A youth licensed under this Section shall not trap or
20carry a hunting device, including, but not limited to, a
21firearm, bow and arrow, or crossbow unless the youth is
22accompanied by and under the close personal supervision of an
23adult who is 21 years of age or older and has a valid Illinois
24trapping license.
25    The Department shall adopt rules for the administration of
26the program, but shall not require any certificate of

 

 

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1competency or other trapping education as a condition of the
2Youth Hunting and Trapping License. If a youth has a valid
3certificate of competency for trapping from a trapper safety
4course approved by the Department, then he or she is exempt
5from the supervision requirements for youth trappers in this
6Section.
7(Source: P.A. 100-638, eff. 1-1-19; 100-691, eff. 1-1-19;
8101-81, eff. 7-12-19.)
 
9    Section 25. The Criminal Code of 2012 is amended by
10changing Section 24-1 and by adding Sections 24-1.9 and
1124-1.10 as follows:
 
12    (720 ILCS 5/24-1)  (from Ch. 38, par. 24-1)
13    Sec. 24-1. Unlawful use of weapons.
14    (a) A person commits the offense of unlawful use of
15weapons when he knowingly:
16        (1) Sells, manufactures, purchases, possesses or
17    carries any bludgeon, black-jack, slung-shot, sand-club,
18    sand-bag, metal knuckles or other knuckle weapon
19    regardless of its composition, throwing star, or any
20    knife, commonly referred to as a switchblade knife, which
21    has a blade that opens automatically by hand pressure
22    applied to a button, spring or other device in the handle
23    of the knife, or a ballistic knife, which is a device that
24    propels a knifelike blade as a projectile by means of a

 

 

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1    coil spring, elastic material or compressed gas; or
2        (2) Carries or possesses with intent to use the same
3    unlawfully against another, a dagger, dirk, billy,
4    dangerous knife, razor, stiletto, broken bottle or other
5    piece of glass, stun gun or taser or any other dangerous or
6    deadly weapon or instrument of like character; or
7        (2.5) Carries or possesses with intent to use the same
8    unlawfully against another, any firearm in a church,
9    synagogue, mosque, or other building, structure, or place
10    used for religious worship; or
11        (3) Carries on or about his person or in any vehicle, a
12    tear gas gun projector or bomb or any object containing
13    noxious liquid gas or substance, other than an object
14    containing a non-lethal noxious liquid gas or substance
15    designed solely for personal defense carried by a person
16    18 years of age or older; or
17        (4) Carries or possesses in any vehicle or concealed
18    on or about his person except when on his land or in his
19    own abode, legal dwelling, or fixed place of business, or
20    on the land or in the legal dwelling of another person as
21    an invitee with that person's permission, any pistol,
22    revolver, stun gun or taser or other firearm, except that
23    this subsection (a) (4) does not apply to or affect
24    transportation of weapons that meet one of the following
25    conditions:
26            (i) are broken down in a non-functioning state; or

 

 

HB5855- 42 -LRB102 29834 RJT 41951 b

1            (ii) are not immediately accessible; or
2            (iii) are unloaded and enclosed in a case, firearm
3        carrying box, shipping box, or other container by a
4        person who has been issued a currently valid Firearm
5        Owner's Identification Card; or
6            (iv) are carried or possessed in accordance with
7        the Firearm Concealed Carry Act by a person who has
8        been issued a currently valid license under the
9        Firearm Concealed Carry Act; or
10        (5) Sets a spring gun; or
11        (6) Possesses any device or attachment of any kind
12    designed, used or intended for use in silencing the report
13    of any firearm; or
14        (7) Sells, manufactures, purchases, possesses or
15    carries:
16            (i) a machine gun, which shall be defined for the
17        purposes of this subsection as any weapon, which
18        shoots, is designed to shoot, or can be readily
19        restored to shoot, automatically more than one shot
20        without manually reloading by a single function of the
21        trigger, including the frame or receiver of any such
22        weapon, or sells, manufactures, purchases, possesses,
23        or carries any combination of parts designed or
24        intended for use in converting any weapon into a
25        machine gun, or any combination or parts from which a
26        machine gun can be assembled if such parts are in the

 

 

HB5855- 43 -LRB102 29834 RJT 41951 b

1        possession or under the control of a person;
2            (ii) any rifle having one or more barrels less
3        than 16 inches in length or a shotgun having one or
4        more barrels less than 18 inches in length or any
5        weapon made from a rifle or shotgun, whether by
6        alteration, modification, or otherwise, if such a
7        weapon as modified has an overall length of less than
8        26 inches; or
9            (iii) any bomb, bomb-shell, grenade, bottle or
10        other container containing an explosive substance of
11        over one-quarter ounce for like purposes, such as, but
12        not limited to, black powder bombs and Molotov
13        cocktails or artillery projectiles; or
14        (8) Carries or possesses any firearm, stun gun or
15    taser or other deadly weapon in any place which is
16    licensed to sell intoxicating beverages, or at any public
17    gathering held pursuant to a license issued by any
18    governmental body or any public gathering at which an
19    admission is charged, excluding a place where a showing,
20    demonstration or lecture involving the exhibition of
21    unloaded firearms is conducted.
22        This subsection (a)(8) does not apply to any auction
23    or raffle of a firearm held pursuant to a license or permit
24    issued by a governmental body, nor does it apply to
25    persons engaged in firearm safety training courses; or
26        (9) Carries or possesses in a vehicle or on or about

 

 

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1    his or her person any pistol, revolver, stun gun or taser
2    or firearm or ballistic knife, when he or she is hooded,
3    robed or masked in such manner as to conceal his or her
4    identity; or
5        (10) Carries or possesses on or about his or her
6    person, upon any public street, alley, or other public
7    lands within the corporate limits of a city, village, or
8    incorporated town, except when an invitee thereon or
9    therein, for the purpose of the display of such weapon or
10    the lawful commerce in weapons, or except when on his land
11    or in his or her own abode, legal dwelling, or fixed place
12    of business, or on the land or in the legal dwelling of
13    another person as an invitee with that person's
14    permission, any pistol, revolver, stun gun, or taser or
15    other firearm, except that this subsection (a) (10) does
16    not apply to or affect transportation of weapons that meet
17    one of the following conditions:
18            (i) are broken down in a non-functioning state; or
19            (ii) are not immediately accessible; or
20            (iii) are unloaded and enclosed in a case, firearm
21        carrying box, shipping box, or other container by a
22        person who has been issued a currently valid Firearm
23        Owner's Identification Card; or
24            (iv) are carried or possessed in accordance with
25        the Firearm Concealed Carry Act by a person who has
26        been issued a currently valid license under the

 

 

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1        Firearm Concealed Carry Act.
2        A "stun gun or taser", as used in this paragraph (a)
3    means (i) any device which is powered by electrical
4    charging units, such as, batteries, and which fires one or
5    several barbs attached to a length of wire and which, upon
6    hitting a human, can send out a current capable of
7    disrupting the person's nervous system in such a manner as
8    to render him incapable of normal functioning or (ii) any
9    device which is powered by electrical charging units, such
10    as batteries, and which, upon contact with a human or
11    clothing worn by a human, can send out current capable of
12    disrupting the person's nervous system in such a manner as
13    to render him incapable of normal functioning; or
14        (11) Sells, manufactures, or purchases any explosive
15    bullet. For purposes of this paragraph (a) "explosive
16    bullet" means the projectile portion of an ammunition
17    cartridge which contains or carries an explosive charge
18    which will explode upon contact with the flesh of a human
19    or an animal. "Cartridge" means a tubular metal case
20    having a projectile affixed at the front thereof and a cap
21    or primer at the rear end thereof, with the propellant
22    contained in such tube between the projectile and the cap;
23    or
24        (12) (Blank); or
25        (13) Carries or possesses on or about his or her
26    person while in a building occupied by a unit of

 

 

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1    government, a billy club, other weapon of like character,
2    or other instrument of like character intended for use as
3    a weapon. For the purposes of this Section, "billy club"
4    means a short stick or club commonly carried by police
5    officers which is either telescopic or constructed of a
6    solid piece of wood or other man-made material; or
7        (14) Manufactures, possesses, sells, or offers to
8    sell, purchase, manufacture, import, transfer, or use:
9            (i) any manual, power-driven, electronic, or any
10        other device that is designed to and functions to
11        increase the rate of fire of a semiautomatic firearm
12        when the device is attached to the firearm;
13            (ii) any part of a semiautomatic firearm or
14        combination of parts that is designed to and functions
15        to increase the rate of fire of a semiautomatic
16        firearm by eliminating the need for the operator of
17        the firearm to make a separate movement for each
18        individual function of the trigger; or
19            (iii) any other device, part, kit, tool,
20        accessory, or combination of parts that is designed to
21        and functions to increase the rate of fire of a
22        semiautomatic firearm above the standard rate of fire
23        for semiautomatic firearms that is not equipped with
24        that device, part, or combination of parts.
25    (b) Sentence. A person convicted of a violation of
26subsection 24-1(a)(1) through (5), subsection 24-1(a)(10),

 

 

HB5855- 47 -LRB102 29834 RJT 41951 b

1subsection 24-1(a)(11), or subsection 24-1(a)(13) commits a
2Class A misdemeanor. A person convicted of a violation of
3subsection 24-1(a)(8) or 24-1(a)(9) commits a Class 4 felony;
4a person convicted of a violation of subsection 24-1(a)(6) or
524-1(a)(7)(ii) or (iii) commits a Class 3 felony. A person
6convicted of a violation of subsection 24-1(a)(7)(i) commits a
7Class 2 felony and shall be sentenced to a term of imprisonment
8of not less than 3 years and not more than 7 years, unless the
9weapon is possessed in the passenger compartment of a motor
10vehicle as defined in Section 1-146 of the Illinois Vehicle
11Code, or on the person, while the weapon is loaded, in which
12case it shall be a Class X felony. A person convicted of a
13second or subsequent violation of subsection 24-1(a)(4),
1424-1(a)(8), 24-1(a)(9), or 24-1(a)(10) commits a Class 3
15felony. A person convicted of a violation of subsection
1624-1(a)(2.5) or 24-1(a)(14) commits a Class 2 felony. The
17possession of each weapon or device in violation of this
18Section constitutes a single and separate violation.
19    (c) Violations in specific places.
20        (1) A person who violates subsection 24-1(a)(6) or
21    24-1(a)(7) in any school, regardless of the time of day or
22    the time of year, in residential property owned, operated
23    or managed by a public housing agency or leased by a public
24    housing agency as part of a scattered site or mixed-income
25    development, in a public park, in a courthouse, on the
26    real property comprising any school, regardless of the

 

 

HB5855- 48 -LRB102 29834 RJT 41951 b

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

 

 

HB5855- 49 -LRB102 29834 RJT 41951 b

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

 

 

HB5855- 50 -LRB102 29834 RJT 41951 b

1    real property comprising any courthouse, in any conveyance
2    owned, leased or contracted by a school to transport
3    students to or from school or a school related activity,
4    in any conveyance owned, leased, or contracted by a public
5    transportation agency, or on any public way within 1,000
6    feet of the real property comprising any school, public
7    park, courthouse, public transportation facility, or
8    residential property owned, operated, or managed by a
9    public housing agency or leased by a public housing agency
10    as part of a scattered site or mixed-income development
11    commits a Class 4 felony. "Courthouse" means any building
12    that is used by the Circuit, Appellate, or Supreme Court
13    of this State for the conduct of official business.
14        (3) Paragraphs (1), (1.5), and (2) of this subsection
15    (c) shall not apply to law enforcement officers or
16    security officers of such school, college, or university
17    or to students carrying or possessing firearms for use in
18    training courses, parades, hunting, target shooting on
19    school ranges, or otherwise with the consent of school
20    authorities and which firearms are transported unloaded
21    enclosed in a suitable case, box, or transportation
22    package.
23        (4) For the purposes of this subsection (c), "school"
24    means any public or private elementary or secondary
25    school, community college, college, or university.
26        (5) For the purposes of this subsection (c), "public

 

 

HB5855- 51 -LRB102 29834 RJT 41951 b

1    transportation agency" means a public or private agency
2    that provides for the transportation or conveyance of
3    persons by means available to the general public, except
4    for transportation by automobiles not used for conveyance
5    of the general public as passengers; and "public
6    transportation facility" means a terminal or other place
7    where one may obtain public transportation.
8    (d) The presence in an automobile other than a public
9omnibus of any weapon, instrument or substance referred to in
10subsection (a)(7) is prima facie evidence that it is in the
11possession of, and is being carried by, all persons occupying
12such automobile at the time such weapon, instrument or
13substance is found, except under the following circumstances:
14(i) if such weapon, instrument or instrumentality is found
15upon the person of one of the occupants therein; or (ii) if
16such weapon, instrument or substance is found in an automobile
17operated for hire by a duly licensed driver in the due, lawful
18and proper pursuit of his or her trade, then such presumption
19shall not apply to the driver.
20    (e) Exemptions.
21        (1) Crossbows, Common or Compound bows and Underwater
22    Spearguns are exempted from the definition of ballistic
23    knife as defined in paragraph (1) of subsection (a) of
24    this Section.
25        (2) The provision of paragraph (1) of subsection (a)
26    of this Section prohibiting the sale, manufacture,

 

 

HB5855- 52 -LRB102 29834 RJT 41951 b

1    purchase, possession, or carrying of any knife, commonly
2    referred to as a switchblade knife, which has a blade that
3    opens automatically by hand pressure applied to a button,
4    spring or other device in the handle of the knife, does not
5    apply to a person who possesses a currently valid Firearm
6    Owner's Identification Card previously issued in his or
7    her name by the Illinois State Police or to a person or an
8    entity engaged in the business of selling or manufacturing
9    switchblade knives.
10(Source: P.A. 101-223, eff. 1-1-20; 102-538, eff. 8-20-21.)
 
11    (720 ILCS 5/24-1.9 new)
12    Sec. 24-1.9. Manufacture, possession, delivery, sale, and
13purchase of assault weapons, .50 caliber rifles, and .50
14caliber cartridges.
15    (a) Definitions. In this Section:
16    (1) "Assault pistol" means any of the following or a copy,
17regardless of the producer or manufacturer:
18        (A) AA Arms AP-9 pistol.
19        (B) Armalite M15 11.5 pistol.
20        (C) Beretta 93R pistol.
21        (D) Bushmaster pistol.
22        (E) Claridge HI-TEC pistol.
23        (F) D Max Industries pistol.
24        (G) EKO Cobra pistol.
25        (H) Encom MK-IV, MP-9, or MP-45 pistol.

 

 

HB5855- 53 -LRB102 29834 RJT 41951 b

1        (I) Heckler and Koch MP5K, MP7, SP-89, or VP70 pistol.
2        (J) Holmes MP-83 pistol.
3        (K) Ingram MAC 10/11 pistol and variations, including
4    the Partisan Avenger and the SWD Cobray.
5        (L) Intratec TEC-9/DC-9 pistol in any centerfire
6    variation.
7        (M) P.A.W.S. type pistol.
8        (N) Skorpion pistol.
9        (O) Spectre double action pistol (Sile, F.I.E.,
10    Mitchell).
11        (P) Stechkin automatic pistol.
12        (Q) Steyer tactical pistol.
13        (R) UZI pistol.
14        (S) Weaver Arms Nighthawk pistol.
15        (T) Wilkinson "Linda" pistol.
16    (2) "Assault shotgun or rifle" means any of the following
17or a copy, regardless of the producer or manufacturer:
18        (A) American Arms Spectre da Semiautomatic carbine.
19        (B) AR10.
20        (C) AR15.
21        (D) AR70.
22        (E) Armalite M15.
23        (F) Avtomat Kalashnikov semiautomatic rifle in any
24    format, including the AK-47 in all forms.
25        (G) Algimec AGM-1 type semi-auto.
26        (H) AR 100 type semi-auto.

 

 

HB5855- 54 -LRB102 29834 RJT 41951 b

1        (I) AR 180 type semi-auto.
2        (J) Argentine L.S.R. semi-auto.
3        (K) Australian Automatic Arms SAR type semi-auto.
4        (L) Auto-Ordnance Thompson M1 and 1927
5    semi-automatics.
6        (M) Barrett light .50 cal. semi-auto.
7        (N) Beretta AR70 type semi-auto.
8        (O) Bushmaster semi-auto rifle.
9        (P) Calico models M-100 and M-900.
10        (Q) CIS SR 88 type semi-auto.
11        (R) Claridge HI TEC C-9 carbines.
12        (S) Colt AR-15, CAR-15, and all imitations except Colt
13    AR-15 Sporter H-BAR rifle.
14        (T) Daewoo MAX 1 and MAX 2, aka AR 100, 110C, K-1, and
15    K-2.
16        (U) Dragunov Chinese made semi-auto.
17        (V) Famas semi-auto (.223 caliber).
18        (W) Feather AT-9 semi-auto.
19        (X) FN LAR and FN FAL assault rifle.
20        (Y) FNC semi-auto type carbine.
21        (Z) F.I.E./Franchi LAW 12 and SPAS 12 assault shotgun.
22        (AA) Smith & Wesson M&P 15.
23        (BB) Steyr-AUG-SA semi-auto.
24        (CC) Galil models AR and ARM semi-auto.
25        (DD) Heckler and Koch HK-91 A3, HK-93 A2, HK-94 A2 and
26    A3.

 

 

HB5855- 55 -LRB102 29834 RJT 41951 b

1        (EE) Holmes model 88 shotgun.
2        (FF) Manchester Arms "Commando" MK-45, MK-9.
3        (GG) Mandell TAC-1 semi-auto carbine.
4        (HH) Mossberg model 500 Bullpup assault shotgun.
5        (II) Sterling Mark 6.
6        (JJ) P.A.W.S. carbine.
7        (KK) Ruger mini-14 folding stock model (.223 caliber).
8        (LL) SIG 550/551 assault rifle (.223 caliber).
9        (MM) SKS with detachable magazine.
10        (NN) AP-74 Commando type semi-auto.
11        (OO) Springfield Armory BM-59, SAR-48, G3, SAR-3, M-21
12    sniper rifle, and M1A, excluding the M1 Garand.
13        (PP) Street sweeper assault type shotgun.
14        (QQ) Striker 12 assault shotgun in all formats.
15        (RR) Unique F11 semi-auto type.
16        (SS) Daewoo USAS 12 semi-auto shotgun.
17        (TT) UZI 9mm carbine or rifle.
18        (UU) Valmet M-76 and M-78 semi-auto.
19        (VV) Weaver Arms "Nighthawk" semi-auto carbine.
20        (WW) Wilkinson Arms 9mm semi-auto "Terry".
21    (3) "Assault weapon" means:
22        (A) An assault shotgun or rifle.
23        (B) An assault pistol.
24        (C) A semiautomatic, centerfire rifle that can accept
25    a detachable magazine and has at least one of the
26    following:

 

 

HB5855- 56 -LRB102 29834 RJT 41951 b

1            (i) A folding or telescoping stock.
2            (ii) Any grip of the weapon, including a pistol
3        grip, a thumbhole stock, or any other stock, the use of
4        which would allow an individual to grip the weapon,
5        resulting in any finger on the trigger hand in
6        addition to the trigger finger being directly below
7        any portion of the action of the weapon when firing.
8            (iii) A forward pistol grip.
9            (iv) A flash suppressor.
10            (v) A grenade launcher or flare launcher.
11        (D) A semiautomatic, centerfire rifle that has an
12    overall length of less than 30 inches.
13        (E) A semiautomatic pistol that can accept a
14    detachable magazine and has at least one of the following:
15            (i) An ability to accept a detachable ammunition
16        magazine that attaches at some location outside of the
17        pistol grip.
18            (ii) A threaded barrel capable of accepting a
19        flash suppressor, forward pistol grip or silencer.
20            (iii) A shroud that is attached to, or partially
21        or completely encircles, the barrel and that permits
22        the shooter to fire the firearm without being burned,
23        except a slide that encloses the barrel.
24            (iv) A second hand grip.
25        (F) A semiautomatic shotgun that has both of the
26    following:

 

 

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1            (i) A folding or telescoping stock.
2            (ii) Any grip of the weapon, including a pistol
3        grip, a thumbhole stock, or any other stock, the use of
4        which would allow an individual to grip the weapon,
5        resulting in any finger on the trigger hand in
6        addition to the trigger finger being directly below
7        any portion of the action of the weapon when firing.
8        (G) A semiautomatic shotgun that has the ability to
9    accept a detachable magazine.
10        (H) A shotgun with a revolving cylinder.
11        (I) A semiautomatic pistol with a fixed magazine that
12    can accept more than 10 rounds.
13        (J) A semiautomatic, centerfire rifle that has a fixed
14    magazine that can accept more than 10 rounds.
15    "Assault weapon" does not include:
16        (A) any firearm that:
17            (i) is manually operated by bolt, pump, lever, or
18        slide action;
19            (ii) is an unserviceable firearm or has been made
20        permanently inoperable;
21            (iii) is an antique firearm;
22            (iv) uses rimfire ammunition or cartridges; or
23            (v) has been excluded as an assault weapon in a
24        Department of Natural Resources rule; the Department
25        of Natural Resources shall have the authority to adopt
26        rules to further define exclusions of assault weapon

 

 

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1        types under this Section, so long as the make, model,
2        and caliber of the firearm excluded has a viable
3        application to hunting game and conforms to accepted
4        hunting principles of fair chase; or
5            (B) any air rifle as defined in Section 24.8-0.1
6        of this Code.
7    In this Section, a firearm is considered to have the
8ability to accept a detachable magazine unless the magazine or
9ammunition feeding device can only be removed through
10disassembly of the firearm action.
11    (4) "Assault weapon attachment" means any device capable
12of being attached to a firearm that is specifically designed
13for making or converting a firearm into any of the firearms
14listed in paragraph (1) of this subsection (a).
15    (5) "Antique firearm" has the meaning ascribed to it in 18
16U.S.C. 921(a)(16).
17    (6) ".50 caliber rifle" means a centerfire rifle capable
18of firing a .50 caliber cartridge. The term does not include
19any antique firearm, any shotgun including a shotgun that has
20a rifle barrel, or any muzzle-loader which uses black powder
21for hunting or historical reenactments.
22    (7) ".50 caliber cartridge" means a cartridge in .50 BMG
23caliber, either by designation or actual measurement, that is
24capable of being fired from a centerfire rifle. The term ".50
25caliber cartridge" does not include any memorabilia or display
26item that is filled with a permanent inert substance or that is

 

 

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1otherwise permanently altered in a manner that prevents ready
2modification for use as live ammunition or shotgun ammunition
3with a caliber measurement that is equal to or greater than .50
4caliber.
5    (8) "Detachable magazine" means an ammunition feeding
6device that can be removed readily from a firearm without
7requiring disassembly of the firearm action or without the use
8of a tool, including a bullet or cartridge.
9    (9) "Locking mechanism" means secured by a device or
10mechanism, other than the firearm safety, designed to render a
11firearm temporarily inoperable; or a box or container capable
12of containing the firearm and that can be securely locked.
13    (b) The Illinois State Police shall take all steps
14necessary to carry out the requirements of this Section within
15180 days after the effective date of this amendatory Act of the
16102nd General Assembly.
17    (c) Except as provided in subsections (d), (e), and (g),
18on or after the effective date of this amendatory Act of the
19102nd General Assembly, it is unlawful for any person within
20this State to knowingly manufacture, deliver, sell, or
21purchase or cause to be manufactured, delivered, sold, or
22purchased or cause to be possessed by another, an assault
23weapon, assault weapon attachment, .50 caliber rifle, or .50
24caliber cartridge.
25    (d) Except as otherwise provided in subsections (e) and
26(f), 300 days after the effective date of this amendatory Act

 

 

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1of the 102nd General Assembly, it is unlawful for any person
2within this State to knowingly possess an assault weapon, .50
3caliber rifle, or .50 caliber cartridge.
4    (e) This Section does not apply to a person who possessed
5an assault weapon or .50 caliber rifle prohibited by
6subsection (d) of this Section before the effective date of
7this amendatory Act of the 102nd General Assembly, if the
8person has provided in a registration affidavit, under oath or
9affirmation and in the form and manner prescribed by the
10Illinois State Police on or after 180 days after the effective
11date of this amendatory Act of the 102nd General Assembly but
12within 300 days after the effective date of this amendatory
13Act of the 102nd General Assembly:
14        (1) the affiant's name;
15        (2) the affiant's date of birth;
16        (3) the affiant's Firearm Owner's Identification Card
17    number;
18        (4) the make, model, caliber, and serial number of the
19    weapon; and
20        (5) proof of a locking mechanism that properly fits
21    the weapon, in the form of a statement that the weapon is
22    owned by the person submitting the affidavit and that the
23    affiant owns a locking mechanism for the weapon.
24    The affidavit form shall include the following statement
25printed in bold type: "Warning: Entering false information on
26this form is punishable as perjury under Section 32-2 of the

 

 

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1Criminal Code of 2012."
2    Beginning 300 days after the effective date of this
3amendatory Act of the 102nd General Assembly, the person with
4a registered assault weapon or .50 caliber rifle may transfer
5the assault weapon or .50 caliber rifle only to an heir, an
6individual residing in another state maintaining it in another
7state, or a dealer licensed as a federal firearms dealer under
8Section 923 of the federal Gun Control Act of 1968. Within 10
9days after transfer of the weapon except to an heir, the person
10shall notify the Illinois State Police of the name and address
11of the transferee and comply with the requirements of
12subsection (b) of Section 3 of the Firearm Owners
13Identification Card Act. The person to whom the weapon is
14transferred shall, within 60 days of the transfer, complete an
15affidavit and pay the required registration fee under this
16Section. A person to whom the weapon is transferred may
17transfer it only as provided in this subsection.
18    (f) For the purpose of registration required under
19subsection (e), the Illinois State Police shall assess a
20registration fee of $25 per person to the owner of an assault
21weapon and $25 per person to the owner of a .50 caliber rifle.
22The fees shall be deposited into the State Police Firearm
23Services Fund. If a person owns more than one assault weapon or
24more than one .50 caliber rifle, the person shall only pay one
25registration fee.
26    (g) This Section does not apply to or affect any of the

 

 

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

 

 

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

 

 

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

 

 

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1    sale, or rental of blank-firing assault weapons and .50
2    caliber rifles, or the weapon's respective attachments, to
3    persons authorized or permitted, or both authorized and
4    permitted, to acquire and possess these weapons or
5    attachments for the purpose of rental for use solely as
6    props for a motion picture, television, or video
7    production or entertainment event.
8    (h) Sentence.
9    (1) A person who knowingly manufactures, delivers, sells,
10purchases, or possesses or causes to be manufactured,
11delivered, sold, purchased, or possessed an assault weapon in
12violation of this Section commits a Class 3 felony for a first
13violation and a Class 2 felony for a second or subsequent
14violation or for the possession or delivery of 2 or more of
15these weapons at the same time.
16    (2) A person who knowingly manufactures, delivers, sells,
17purchases, or possesses or causes to be manufactured,
18delivered, sold, purchased, or possessed in violation of this
19Section an assault weapon attachment commits a Class 4 felony
20for a first violation and a Class 3 felony for a second or
21subsequent violation.
22    (3) A person who knowingly manufactures, delivers, sells,
23purchases, or possesses or causes to be manufactured,
24delivered, sold, purchased, or possessed in violation of this
25Section a .50 caliber rifle commits a Class 3 felony for a
26first violation and a Class 2 felony for a second or subsequent

 

 

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1violation or for the possession or delivery of 2 or more of
2these weapons at the same time.
3    (4) A person who knowingly manufactures, delivers, sells,
4purchases, or possesses or causes to be manufactured,
5delivered, sold, purchased, or possessed in violation of this
6Section a .50 caliber cartridge commits a Class A misdemeanor.
7    (5) Any other violation of this Section is a Class A
8misdemeanor.
 
9    (720 ILCS 5/24-1.10 new)
10    Sec. 24-1.10. Manufacture, delivery, or sale of large
11capacity ammunition feeding devices.
12    (a) In this Section:
13    "Large capacity ammunition feeding device" means:
14        (1) a magazine, belt, drum, feed strip, or similar
15    device that has a capacity of, or that can be readily
16    restored or converted to accept, more than 10 rounds of
17    ammunition; or
18        (2) any combination of parts from which a device
19    described in paragraph (1) can be assembled.
20    "Large capacity ammunition feeding device" does not
21include an attached tubular device designed to accept, and
22capable of operating only with, .22 caliber rimfire
23ammunition. "Large capacity ammunition feeding device" does
24not include a tubular magazine that is contained in a
25lever-action firearm or any device that has been made

 

 

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1permanently inoperable.
2    (b) Except as provided in subsection (c), it is unlawful
3for any person within this State to knowingly manufacture,
4deliver, sell, purchase, or possess or cause to be
5manufactured, delivered, sold, or purchased a large capacity
6ammunition feeding device.
7    (c) This Section does not apply to or affect any of the
8following:
9        (1) Peace officers as defined in Section 2-13 of this
10    Code while performing their official duties or while
11    traveling to or from their places of duty.
12        (2) A local law enforcement agency for the purpose of
13    equipping the agency's peace officers as defined in
14    paragraph (1) of this subsection (c).
15        (3) Wardens, superintendents, and keepers of prisons,
16    penitentiaries, jails, and other institutions for the
17    detention of persons accused or convicted of an offense.
18        (4) Members of the Armed Services or Reserve Forces of
19    the United States or the Illinois National Guard, while
20    their official duties or while traveling to or from their
21    places of duty.
22        (5) Any company that employs armed security officers
23    in this State at a nuclear energy, storage, weapons, or
24    development site or facility regulated by the federal
25    Nuclear Regulatory Commission and any person employed as
26    an armed security force member at a nuclear energy,

 

 

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1    storage, weapons, or development site or facility
2    regulated by the federal Nuclear Regulatory Commission who
3    has completed the background screening and training
4    mandated by the rules and regulations of the federal
5    Nuclear Regulatory Commission and while performing
6    official duties.
7        (6) Sale of large capacity ammunition feeding devices
8    to persons authorized under subdivisions (1) through (5)
9    of this subsection (c) to possess those devices.
10        (7) Sale or rental of large capacity ammunition
11    feeding devices for blank-firing assault weapons and .50
12    caliber rifles, to persons authorized or permitted, or
13    both authorized and permitted, to acquire these devices
14    for the purpose of rental for use solely as props for a
15    motion picture, television, or video production or
16    entertainment event.
17    (d) Sentence. A person who knowingly delivers, sells,
18purchases, or causes to be delivered, sold, or purchased in
19violation of this Section a large capacity ammunition feeding
20device capable of holding more than 10 rounds of ammunition
21commits a Class 3 felony for a first violation and a Class 2
22felony for a second or subsequent violation or for delivery or
23possession of 2 or more of these devices at the same time. Any
24other violation of this Section is a Class A misdemeanor.
 
25    Section 99. Effective date. This Act takes effect upon
26becoming law.

 

 

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1 INDEX
2 Statutes amended in order of appearance
3    20 ILCS 2605/2605-35was 20 ILCS 2605/55a-3
4    20 ILCS 2605/2605-51.1
5    430 ILCS 65/2from Ch. 38, par. 83-2
6    430 ILCS 65/4from Ch. 38, par. 83-4
7    430 ILCS 65/8from Ch. 38, par. 83-8
8    430 ILCS 67/10
9    430 ILCS 67/40
10    430 ILCS 67/45
11    430 ILCS 67/55
12    520 ILCS 5/3.1-5
13    520 ILCS 5/3.1-9
14    720 ILCS 5/24-1from Ch. 38, par. 24-1
15    720 ILCS 5/24-1.9 new
16    720 ILCS 5/24-1.10 new