102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 HB3088

Introduced , by Rep. Sonya M. Harper

SYNOPSIS AS INTRODUCED:

See Index

Amends the Criminal Code of 2012. Provides that beginning January
1,

2022, all handgun ammunition that is manufactured, imported into the State

for sale or personal use, kept for sale, offered or exposed for
sale, sold,

given, lent, or possessed shall be serialized. Provides that beginning January 1, 2022, any person who manufactures, causes to be manufactured,

imports
into the State for sale or personal use, keeps for sale, offers or

exposes for sale, or who gives or lends any handgun ammunition that
is not

serialized is guilty of a Class A misdemeanor. Provides that beginning

January 1, 2022, any person who possesses in any public place any handgun

ammunition that is not serialized is guilty of a Class C misdemeanor. Provides exceptions. Provides that beginning January 1, 2022, the Illinois

State Police shall
maintain a centralized registry of all reports of

handgun ammunition
transactions reported to the Illinois State Police in
a

manner prescribed by the Illinois State Police. Provides that information in the registry, upon proper application for that information, shall be

furnished to peace officers
and authorized employees of the Illinois State

Police or to the person listed in the registry as
the owner of the

particular handgun ammunition. Provides that the Illinois State Police

shall adopt rules relating to the assessment and collection of
end-user

fees in an amount not to exceed $0.005 per round of handgun ammunition or

per bullet, in which the accumulated
fee amount may not exceed the cost to

pay for the infrastructure,
implementation, operational, enforcement, and

future development
costs of these provisions. Effective January 1, 2022,

except some provisions effective immediately.

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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

A BILL FOR

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1 AN ACT concerning criminal law.

2 Be it enacted by the People of the State of Illinois,

3 represented in the General Assembly:

4 Section 5. The Criminal Code of 2012 is amended by

5 changing Sections 24-2, 24-4 and 24-5 and by adding Sections

6 24-0.05, 24-1.9, 24-1.10, 24-1.11, and 24-1.12 as follows:

7 (720 ILCS 5/24-0.05 new)

8 Sec. 24-0.05. Definitions. In this Article:

9 "Handgun ammunition" means ammunition principally for use

10 in pistols, revolvers, and other firearms capable of being

11 concealed upon the person, notwithstanding that the ammunition

12 may also be used in some rifles.

13 "Manufacturer", "ammunition manufacturer", or "registered

14 handgun ammunition manufacturer" means any person that

15 manufactures handgun ammunition within this State or

16 manufactures handgun ammunition with the intent to distribute

17 that ammunition for purposes, within this State, of sale,

18 loan, or transfer.

19 "Pistol", "revolver", and "firearm capable of being

20 concealed upon the person" applies to and includes any device

21 designed to be used as a weapon, from which is expelled a

22 projectile by the force of any explosion, or other form of

23 combustion, and that has a barrel less than 16 inches in

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1 length. These terms also include any device that has a barrel

2 16 inches or more in length which is designed to be

3 interchanged with a barrel less than 16 inches in length.

4 "Public place" means an area open to the public and

5 includes, but is not limited to, streets, sidewalks, bridges,

6 alleys, plazas, parks, driveways, front yards, parking lots,

7 including motor vehicles in these areas, whether moving or

8 not, and buildings open to the general public, including those

9 that serve food or drink, or provide entertainment, and the

10 doorways and entrances to buildings or dwellings.

11 "Retail mercantile establishment" has the meaning ascribed

12 to it in Section 16-0.1 of this Code.

13 "Serialized" means:

14 (1) the handgun ammunition has been identified in a

15 manner prescribed by the Illinois State Police so that all

16 assembled handgun ammunition contained within a package

17 provided for retail sale, or as otherwise specified by the

18 Illinois State Police, is uniquely identified;

19 (2) bullets used for reloading or handloading

20 contained within a package provided for retail sale, or as

21 otherwise specified by the Illinois State Police, are

22 uniquely identified;

23 (3) identification of the manufacturer of the items

24 described in subdivisions (1) and (2) of this definition;

25 (4) identification on the exterior of the items

26 described in subdivisions (1) and (2) of this definition

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1 in a manner that permits visual inspection for the purpose

2 of determining if the assembled handgun ammunition or

3 bullet is serialized;

4 (5) identification on the exterior of the items

5 described in subdivisions (1) and (2) of this definition

6 in a manner that is maintained subsequent to the discharge

7 of the handgun ammunition and subsequent to the impact of

8 the bullet, based on standards prescribed by the Illinois

9 State Police; and

10 (6) identification on the exterior of every package or

11 container of serialized handgun ammunition, as prescribed

12 by the Illinois State Police, with the same unique

13 identifiers used on the assembled handgun ammunition or

14 bullets contained within the packaging or container. A

15 package or container shall not be labeled with the same

16 unique identifiers as any other package or container by

17 the same manufacturer.

18 "Serialized handgun ammunition" means any of the

19 following, which are subject to serialization under this

20 Article:

21 (1) handgun ammunition;

22 (2) .22 caliber rimfire ammunition;

23 (3) assembled handgun ammunition packaged for retail

24 sale; or

25 (4) bullets used for reloading or handloading handgun

26 ammunition that are packaged for retail sale.

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1 "Serialized handgun ammunition" does not include blank

2 cartridges, shot-shells, or projectiles used in black powder

3 handguns.

4 (720 ILCS 5/24-1.9 new)

5 Sec. 24-1.9. Serialization of handgun ammunition.

6 (a) The Illinois State Police shall enforce the

7 requirements of the handgun serialization program and other

8 provisions of Sections 24-1.9 through 24-1.12 of this Code.

9 The Illinois State Police may prescribe the manner in which

10 handgun ammunition is serialized in order to comply with

11 Section 24-1.10 of this Code, including, but not limited to,

12 determining how handgun ammunition that is loose, packaged, in

13 lots, series, or otherwise aggregated for purposes of

14 manufacture or sale shall be serialized with a unique

15 identifier, under Section 24-1.10. The Illinois State Police

16 shall adopt rules implementing this Section no later than

17 January 1, 2022.

18 (b) The Illinois State Police may:

19 (1) adopt rules relating to the assessment and

20 collection of end-user fees in an amount not to exceed

21 $0.005 per round of handgun ammunition or per bullet, in

22 which the accumulated fee amount may not exceed the cost

23 to pay for the infrastructure, implementation,

24 operational, enforcement, and future development costs of

25 Sections 24-1.9 through 24-1.12;

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1 (2) adopt rules relating to the implementation and

2 furtherance of a retail handgun ammunition vendor's

3 registry and the assessment and collection of fees

4 associated with the registration program in an amount not

5 to exceed $50 per year per retail location, adjusted

6 annually for inflation based upon the Consumer Price Index

7 for the North Central Region as published by the United

8 States Department of Labor, Bureau of Labor Statistics for

9 the immediately preceding calendar year, in which the

10 accumulated fee amount may not exceed the cost to pay for

11 the infrastructure, implementation, operational,

12 enforcement, and future development costs of Sections

13 24-1.9 through 24-1.12; or

14 (3) adopt or amend rules relating to this Section in

15 an effort to incorporate new technologies as they become

16 available.

17 (720 ILCS 5/24-1.10 new)

18 Sec. 24-1.10. Unlawful manufacture, sale, or transfer of

19 non-serialized handgun ammunition; unlawful possession of

20 non-serialized handgun ammunition; penalties.

21 (a) Beginning January 1, 2022, and except as provided in

22 subsection (g-15) of Section 24-2, a person commits unlawful

23 manufacture, sale, or transfer of non-serialized handgun

24 ammunition when he or she knowingly manufactures, causes to be

25 manufactured, imports into this State for sale or personal

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1 use, keeps for sale, offers or exposes for sale, or gives or

2 lends any handgun ammunition that is not serialized. A

3 violation of this subsection (a) is a Class A misdemeanor.

4 (b) Beginning January 1, 2022, and except as provided in

5 subsection (g-15) of Section 24-2, a person commits unlawful

6 possession of non-serialized handgun ammunition when he or she

7 knowingly possesses in any public place any handgun ammunition

8 that is not serialized. A violation of this subsection is a

9 Class C misdemeanor.

10 (c) Beginning January 1, 2022, and except as provided in

11 subsection (g-15) of Section 24-2, a person commits unlawful

12 possession of non-serialized handgun ammunition when he or she

13 knowingly possesses non-serialized ammunition for a rifle

14 having one or more barrels less than 16 inches in length or a

15 shotgun having one or more barrels less than 18 inches in

16 length or any weapon made from a rifle or shotgun, whether by

17 alteration, modification, or otherwise, if the weapon as

18 modified has an overall length of less than 26 inches. A

19 violation of this subsection is a Class C misdemeanor.

20 (d) For purposes of Sections 24-1.9 through 24-1.12, the

21 possession of each round of non-serialized handgun ammunition

22 or bullets constitutes a separate and distinct offense.

23 (720 ILCS 5/24-1.11 new)

24 Sec. 24-1.11. Unlawful retail sale of handgun ammunition.

25 (a)(1) Beginning January 1, 2022, a person commits

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1 unlawful retail sale of handgun ammunition if he or she

2 knowingly engages in the retail sale of handgun ammunition and

3 sells, leases, or transfers serialized handgun ammunition

4 without being a registered handgun ammunition vendor as

5 described in paragraph (2) of this subsection (a). A violation

6 of this paragraph (1) is a Class A misdemeanor.

7 (2) As used in this Section, "vendor", "ammunition

8 vendor", or "registered handgun ammunition vendor" means any

9 person who is engaged in the retail sale of handgun ammunition

10 and has all of the following:

11 (A) any regulatory or business license, or licenses,

12 required by a unit of local government;

13 (B) a valid Retailers Occupation Tax Registration

14 Number issued by the Department of Revenue; and

15 (C) is recorded in the centralized handgun ammunition

16 vendor's registry specified in subsection (b) of this

17 Section.

18 (b) The Illinois State Police shall maintain a centralized

19 registry of all persons under subparagraphs (A) through (C),

20 inclusive, of paragraph (2) of subsection (a) of this Section.

21 The Illinois State Police may remove from this registry any

22 person who violates this Article. Upon removal of a vendor

23 from this registry, notification shall be provided to local

24 law enforcement and licensing authorities in the jurisdiction

25 where the vendor's business is located.

26 (c) The Illinois State Police may inspect handgun

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1 ammunition vendors to ensure compliance with this Article.

2 Nothing in this Section prohibits any unit of local government

3 from adopting one or more ordinances relating to the

4 inspection of handgun ammunition vendors.

5 (d) Any vendor, agent, or employee of the vendor who sells

6 or otherwise transfers ownership of any serialized handgun

7 ammunition shall record the following information in a format

8 prescribed by the Illinois State Police:

9 (1) the date of the transaction;

10 (2) the name of the transferee;

11 (3) the transferee's driver's license number or other

12 government issued identification card number and the

13 governmental agency that issued the identification;

14 (4) in order to validate a transferee's age and ensure

15 compliance with paragraphs (a) and (b) of subsection (A)

16 of Section 24-3, the date of birth of the transferee;

17 (5) the unique identifier, as described in Section

18 24-0.05, of all serialized handgun ammunition or bullets

19 transferred; and

20 (6) all other information prescribed by the Illinois

21 State Police.

22 (e) On the date the vendor delivers the handgun ammunition

23 to the transferee, he or she shall report the information

24 required in subsection (d) to the Illinois State Police in a

25 manner prescribed by the Illinois State Police. A copy of the

26 records required by this Section shall be maintained on the

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1 premises of the vendor for a period of not less than 3 years

2 from the date of the recorded transfer. The records shall be

3 subject to inspection at any time during normal business hours

4 by any peace officer, or by any authorized employee of the

5 Illinois State Police, if the inspection relates to an

6 investigation in which access to those records is or may be

7 relevant to that investigation, is seeking information about

8 persons prohibited from owning a firearm or handgun

9 ammunition, or is engaged in ensuring compliance with this

10 Article, the Firearm Owners Identification Card Act, the

11 Firearm Concealed Carry Act, or any other laws pertaining to

12 firearms.

13 (f) Any vendor or employee or agent of a vendor who

14 knowingly fails to comply with, or falsifies the records

15 required to be kept by subsection (e) is guilty of a Class A

16 misdemeanor.

17 (g) Proof that a vendor or his or her agent or employee

18 demanded, was shown, and acted in reliance upon, bona fide

19 evidence of identity shall be a defense to any criminal

20 prosecution under this Section if reliance upon the proof of

21 identity was reasonable.

22 (h) Any person who presents false identification to a

23 vendor with the intent to avoid the recording requirements of

24 this Section is guilty of a Class A misdemeanor.

25 (i) Any vendor who refuses to permit a person authorized

26 under subsection (e) to examine any record prepared in

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1 accordance with this Section during any inspection conducted

2 under this Section is guilty of a Class A misdemeanor.

3 (j) Persons engaged in the non-commercial reloading of

4 ammunition may adopt voluntary personal serialization

5 protocols.

6 (720 ILCS 5/24-1.12 new)

7 Sec. 24-1.12. Unlawful commercial manufacture of

8 serialized handgun ammunition.

9 (a) Beginning January 1, 2022, a person commits unlawful

10 commercial manufacture of serialized handgun ammunition when

11 he or she knowingly engages in the commercial manufacture of

12 serialized handgun ammunition and sells, loans, or transfers

13 serialized handgun ammunition within this State, without being

14 a registered handgun ammunition manufacturer. A violation of

15 this subsection (a) is a Class A misdemeanor.

16 (b) Manufacturers shall:

17 (1) register with the Illinois State Police in a

18 manner prescribed by the Illinois State Police;

19 (2) maintain records on the business premises for a

20 period of 7 years concerning all sales, loans, and

21 transfers of handgun ammunition, to, from, or within this

22 State; and

23 (3) comply with all other rules concerning handgun

24 ammunition manufacture and sale adopted by the Illinois

25 State Police.

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1 (c) Any manufacturer who knowingly fails to comply with

2 the provisions of this Section is liable for a civil fine

3 payable to the Illinois State Police of not more than $1,000

4 for a first violation, not more than $5,000 for a second

5 violation, and not more than $10,000 for a third and

6 subsequent violation. A civil action to enforce this Section

7 may be brought by a municipal attorney, State's Attorney, or

8 the Attorney General. This subsection (c) does not preclude

9 any other remedy available under State law.

10 (d) The Illinois State Police may inspect handgun

11 ammunition manufacturers to ensure compliance with this

12 Section.

13 (720 ILCS 5/24-2)

14 Sec. 24-2. Exemptions.

15 (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and

16 24-1(a)(13) and Section 24-1.6 do not apply to or affect any of

17 the following:

18 (1) Peace officers, and any person summoned by a peace

19 officer to assist in making arrests or preserving the

20 peace, while actually engaged in assisting such officer.

21 (2) Wardens, superintendents and keepers of prisons,

22 penitentiaries, jails and other institutions for the

23 detention of persons accused or convicted of an offense,

24 while in the performance of their official duty, or while

25 commuting between their homes and places of employment.

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1 (3) Members of the Armed Services or Reserve Forces of

2 the United States or the Illinois National Guard or the

3 Reserve Officers Training Corps, while in the performance

4 of their official duty.

5 (4) Special agents employed by a railroad or a public

6 utility to perform police functions, and guards of armored

7 car companies, while actually engaged in the performance

8 of the duties of their employment or commuting between

9 their homes and places of employment; and watchmen while

10 actually engaged in the performance of the duties of their

11 employment.

12 (5) Persons licensed as private security contractors,

13 private detectives, or private alarm contractors, or

14 employed by a private security contractor, private

15 detective, or private alarm contractor agency licensed by

16 the Department of Financial and Professional Regulation,

17 if their duties include the carrying of a weapon under the

18 provisions of the Private Detective, Private Alarm,

19 Private Security, Fingerprint Vendor, and Locksmith Act of

20 2004, while actually engaged in the performance of the

21 duties of their employment or commuting between their

22 homes and places of employment. A person shall be

23 considered eligible for this exemption if he or she has

24 completed the required 20 hours of training for a private

25 security contractor, private detective, or private alarm

26 contractor, or employee of a licensed private security

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1 contractor, private detective, or private alarm contractor

2 agency and 20 hours of required firearm training, and has

3 been issued a firearm control card by the Department of

4 Financial and Professional Regulation. Conditions for the

5 renewal of firearm control cards issued under the

6 provisions of this Section shall be the same as for those

7 cards issued under the provisions of the Private

8 Detective, Private Alarm, Private Security, Fingerprint

9 Vendor, and Locksmith Act of 2004. The firearm control

10 card shall be carried by the private security contractor,

11 private detective, or private alarm contractor, or

12 employee of the licensed private security contractor,

13 private detective, or private alarm contractor agency at

14 all times when he or she is in possession of a concealable

15 weapon permitted by his or her firearm control card.

16 (6) Any person regularly employed in a commercial or

17 industrial operation as a security guard for the

18 protection of persons employed and private property

19 related to such commercial or industrial operation, while

20 actually engaged in the performance of his or her duty or

21 traveling between sites or properties belonging to the

22 employer, and who, as a security guard, is a member of a

23 security force registered with the Department of Financial

24 and Professional Regulation; provided that such security

25 guard has successfully completed a course of study,

26 approved by and supervised by the Department of Financial

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1 and Professional Regulation, consisting of not less than

2 40 hours of training that includes the theory of law

3 enforcement, liability for acts, and the handling of

4 weapons. A person shall be considered eligible for this

5 exemption if he or she has completed the required 20 hours

6 of training for a security officer and 20 hours of

7 required firearm training, and has been issued a firearm

8 control card by the Department of Financial and

9 Professional Regulation. Conditions for the renewal of

10 firearm control cards issued under the provisions of this

11 Section shall be the same as for those cards issued under

12 the provisions of the Private Detective, Private Alarm,

13 Private Security, Fingerprint Vendor, and Locksmith Act of

14 2004. The firearm control card shall be carried by the

15 security guard at all times when he or she is in possession

16 of a concealable weapon permitted by his or her firearm

17 control card.

18 (7) Agents and investigators of the Illinois

19 Legislative Investigating Commission authorized by the

20 Commission to carry the weapons specified in subsections

21 24-1(a)(3) and 24-1(a)(4), while on duty in the course of

22 any investigation for the Commission.

23 (8) Persons employed by a financial institution as a

24 security guard for the protection of other employees and

25 property related to such financial institution, while

26 actually engaged in the performance of their duties,

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1 commuting between their homes and places of employment, or

2 traveling between sites or properties owned or operated by

3 such financial institution, and who, as a security guard,

4 is a member of a security force registered with the

5 Department; provided that any person so employed has

6 successfully completed a course of study, approved by and

7 supervised by the Department of Financial and Professional

8 Regulation, consisting of not less than 40 hours of

9 training which includes theory of law enforcement,

10 liability for acts, and the handling of weapons. A person

11 shall be considered to be eligible for this exemption if

12 he or she has completed the required 20 hours of training

13 for a security officer and 20 hours of required firearm

14 training, and has been issued a firearm control card by

15 the Department of Financial and Professional Regulation.

16 Conditions for renewal of firearm control cards issued

17 under the provisions of this Section shall be the same as

18 for those issued under the provisions of the Private

19 Detective, Private Alarm, Private Security, Fingerprint

20 Vendor, and Locksmith Act of 2004. The firearm control

21 card shall be carried by the security guard at all times

22 when he or she is in possession of a concealable weapon

23 permitted by his or her firearm control card. For purposes

24 of this subsection, "financial institution" means a bank,

25 savings and loan association, credit union or company

26 providing armored car services.

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1 (9) Any person employed by an armored car company to

2 drive an armored car, while actually engaged in the

3 performance of his duties.

4 (10) Persons who have been classified as peace

5 officers pursuant to the Peace Officer Fire Investigation

6 Act.

7 (11) Investigators of the Office of the State's

8 Attorneys Appellate Prosecutor authorized by the board of

9 governors of the Office of the State's Attorneys Appellate

10 Prosecutor to carry weapons pursuant to Section 7.06 of

11 the State's Attorneys Appellate Prosecutor's Act.

12 (12) Special investigators appointed by a State's

13 Attorney under Section 3-9005 of the Counties Code.

14 (12.5) Probation officers while in the performance of

15 their duties, or while commuting between their homes,

16 places of employment or specific locations that are part

17 of their assigned duties, with the consent of the chief

18 judge of the circuit for which they are employed, if they

19 have received weapons training according to requirements

20 of the Peace Officer and Probation Officer Firearm

21 Training Act.

22 (13) Court Security Officers while in the performance

23 of their official duties, or while commuting between their

24 homes and places of employment, with the consent of the

25 Sheriff.

26 (13.5) A person employed as an armed security guard at

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1 a nuclear energy, storage, weapons or development site or

2 facility regulated by the Nuclear Regulatory Commission

3 who has completed the background screening and training

4 mandated by the rules and regulations of the Nuclear

5 Regulatory Commission.

6 (14) Manufacture, transportation, or sale of weapons

7 to persons authorized under subdivisions (1) through

8 (13.5) of this subsection to possess those weapons.

9 (a-5) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply

10 to or affect any person carrying a concealed pistol, revolver,

11 or handgun and the person has been issued a currently valid

12 license under the Firearm Concealed Carry Act at the time of

13 the commission of the offense.

14 (a-6) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply

15 to or affect a qualified current or retired law enforcement

16 officer qualified under the laws of this State or under the

17 federal Law Enforcement Officers Safety Act.

18 (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section

19 24-1.6 do not apply to or affect any of the following:

20 (1) Members of any club or organization organized for

21 the purpose of practicing shooting at targets upon

22 established target ranges, whether public or private, and

23 patrons of such ranges, while such members or patrons are

24 using their firearms on those target ranges.

25 (2) Duly authorized military or civil organizations

26 while parading, with the special permission of the

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1 Governor.

2 (3) Hunters, trappers or fishermen with a license or

3 permit while engaged in hunting, trapping or fishing.

4 (4) Transportation of weapons that are broken down in

5 a non-functioning state or are not immediately accessible.

6 (5) Carrying or possessing any pistol, revolver, stun

7 gun or taser or other firearm on the land or in the legal

8 dwelling of another person as an invitee with that

9 person's permission.

10 (c) Subsection 24-1(a)(7) does not apply to or affect any

11 of the following:

12 (1) Peace officers while in performance of their

13 official duties.

14 (2) Wardens, superintendents and keepers of prisons,

15 penitentiaries, jails and other institutions for the

16 detention of persons accused or convicted of an offense.

17 (3) Members of the Armed Services or Reserve Forces of

18 the United States or the Illinois National Guard, while in

19 the performance of their official duty.

20 (4) Manufacture, transportation, or sale of machine

21 guns to persons authorized under subdivisions (1) through

22 (3) of this subsection to possess machine guns, if the

23 machine guns are broken down in a non-functioning state or

24 are not immediately accessible.

25 (5) Persons licensed under federal law to manufacture

26 any weapon from which 8 or more shots or bullets can be

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1 discharged by a single function of the firing device, or

2 ammunition for such weapons, and actually engaged in the

3 business of manufacturing such weapons or ammunition, but

4 only with respect to activities which are within the

5 lawful scope of such business, such as the manufacture,

6 transportation, or testing of such weapons or ammunition.

7 This exemption does not authorize the general private

8 possession of any weapon from which 8 or more shots or

9 bullets can be discharged by a single function of the

10 firing device, but only such possession and activities as

11 are within the lawful scope of a licensed manufacturing

12 business described in this paragraph.

13 During transportation, such weapons shall be broken

14 down in a non-functioning state or not immediately

15 accessible.

16 (6) The manufacture, transport, testing, delivery,

17 transfer or sale, and all lawful commercial or

18 experimental activities necessary thereto, of rifles,

19 shotguns, and weapons made from rifles or shotguns, or

20 ammunition for such rifles, shotguns or weapons, where

21 engaged in by a person operating as a contractor or

22 subcontractor pursuant to a contract or subcontract for

23 the development and supply of such rifles, shotguns,

24 weapons or ammunition to the United States government or

25 any branch of the Armed Forces of the United States, when

26 such activities are necessary and incident to fulfilling

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1 the terms of such contract.

2 The exemption granted under this subdivision (c)(6)

3 shall also apply to any authorized agent of any such

4 contractor or subcontractor who is operating within the

5 scope of his employment, where such activities involving

6 such weapon, weapons or ammunition are necessary and

7 incident to fulfilling the terms of such contract.

8 (7) A person possessing a rifle with a barrel or

9 barrels less than 16 inches in length if: (A) the person

10 has been issued a Curios and Relics license from the U.S.

11 Bureau of Alcohol, Tobacco, Firearms and Explosives; or

12 (B) the person is an active member of a bona fide,

13 nationally recognized military re-enacting group and the

14 modification is required and necessary to accurately

15 portray the weapon for historical re-enactment purposes;

16 the re-enactor is in possession of a valid and current

17 re-enacting group membership credential; and the overall

18 length of the weapon as modified is not less than 26

19 inches.

20 (d) Subsection 24-1(a)(1) does not apply to the purchase,

21 possession or carrying of a black-jack or slung-shot by a

22 peace officer.

23 (e) Subsection 24-1(a)(8) does not apply to any owner,

24 manager or authorized employee of any place specified in that

25 subsection nor to any law enforcement officer.

26 (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and

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1 Section 24-1.6 do not apply to members of any club or

2 organization organized for the purpose of practicing shooting

3 at targets upon established target ranges, whether public or

4 private, while using their firearms on those target ranges.

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

6 to:

7 (1) Members of the Armed Services or Reserve Forces of

8 the United States or the Illinois National Guard, while in

9 the performance of their official duty.

10 (2) Bonafide collectors of antique or surplus military

11 ordnance.

12 (3) Laboratories having a department of forensic

13 ballistics, or specializing in the development of

14 ammunition or explosive ordnance.

15 (4) Commerce, preparation, assembly or possession of

16 explosive bullets by manufacturers of ammunition licensed

17 by the federal government, in connection with the supply

18 of those organizations and persons exempted by subdivision

19 (g)(1) of this Section, or like organizations and persons

20 outside this State, or the transportation of explosive

21 bullets to any organization or person exempted in this

22 Section by a common carrier or by a vehicle owned or leased

23 by an exempted manufacturer.

24 (g-5) Subsection 24-1(a)(6) does not apply to or affect

25 persons licensed under federal law to manufacture any device

26 or attachment of any kind designed, used, or intended for use

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1 in silencing the report of any firearm, firearms, or

2 ammunition for those firearms equipped with those devices, and

3 actually engaged in the business of manufacturing those

4 devices, firearms, or ammunition, but only with respect to

5 activities that are within the lawful scope of that business,

6 such as the manufacture, transportation, or testing of those

7 devices, firearms, or ammunition. This exemption does not

8 authorize the general private possession of any device or

9 attachment of any kind designed, used, or intended for use in

10 silencing the report of any firearm, but only such possession

11 and activities as are within the lawful scope of a licensed

12 manufacturing business described in this subsection (g-5).

13 During transportation, these devices shall be detached from

14 any weapon or not immediately accessible.

15 (g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section

16 24-1.6 do not apply to or affect any parole agent or parole

17 supervisor who meets the qualifications and conditions

18 prescribed in Section 3-14-1.5 of the Unified Code of

19 Corrections.

20 (g-7) Subsection 24-1(a)(6) does not apply to a peace

21 officer while serving as a member of a tactical response team

22 or special operations team. A peace officer may not personally

23 own or apply for ownership of a device or attachment of any

24 kind designed, used, or intended for use in silencing the

25 report of any firearm. These devices shall be owned and

26 maintained by lawfully recognized units of government whose

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1 duties include the investigation of criminal acts.

2 (g-10) Subsections 24-1(a)(4), 24-1(a)(8), and

3 24-1(a)(10), and Sections 24-1.6 and 24-3.1 do not apply to an

4 athlete's possession, transport on official Olympic and

5 Paralympic transit systems established for athletes, or use of

6 competition firearms sanctioned by the International Olympic

7 Committee, the International Paralympic Committee, the

8 International Shooting Sport Federation, or USA Shooting in

9 connection with such athlete's training for and participation

10 in shooting competitions at the 2016 Olympic and Paralympic

11 Games and sanctioned test events leading up to the 2016

12 Olympic and Paralympic Games.

13 (g-15) Subsections 24-1.10 (a) and 24-1.10 (b) do not

14 apply to or affect any of the following:

15 (1) Possession, for purposes of investigation or

16 disposition of any non-serialized handgun ammunition, by a

17 forensic laboratory or any authorized agent or employee of

18 that laboratory in the course and scope of his or her

19 authorized activities.

20 (2) Possession, for purposes of investigation,

21 evidence, or disposition, of any non-serialized handgun

22 ammunition by any State or unit of local government agency

23 charged with law enforcement or by the Illinois State

24 Police or by any authorized agent or employee of the

25 agency, within the course and scope of his or her official

26 duties.

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1 (3) Possession, for purposes of disposal, or the

2 disposal, of non-serialized handgun ammunition by an

3 executor or administrator of an estate if all of the

4 following are met:

5 (A) the non-serialized handgun ammunition was

6 lawfully possessed, included within the estate, and

7 the executor or administrator possesses or disposes of

8 the non-serialized handgun ammunition in a manner

9 consistent with this Article.

10 (B) the disposition is to a person or entity that

11 may possess the non-serialized handgun ammunition in a

12 manner consistent with this Article and possession is

13 otherwise lawful; and

14 (C) the disposition transfers the non-serialized

15 handgun ammunition out of this State or to a law

16 enforcement agency for disposition.

17 (4) Possession of non-serialized handgun ammunition

18 for purposes of transporting it to a law enforcement

19 agency for disposition, if possession is otherwise lawful,

20 and if the law enforcement agency has been notified prior

21 to delivery of the handgun ammunition.

22 (5) Possession of non-serialized handgun ammunition by

23 peace officers from other states during the discharge of

24 their official duties in this State.

25 (6) Possession of non-serialized handgun ammunition by

26 members of the Armed Services or Reserve Forces of the

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1 United States or the Illinois National Guard or the

2 Reserve Officers Training Corps, while in the performance

3 of their official duties.

4 (7) Possession or exhibition of non-serialized handgun

5 ammunition by a museum or collector, in a fixed or mobile

6 exhibit or for educational purposes.

7 (8) Transportation of non-serialized handgun

8 ammunition by those permitted to be in possession of that

9 ammunition and firearms for that ammunition from their

10 residence to public and private shooting events and ranges

11 for a period of 10 years after the effective date of this

12 amendatory act of the 102nd General Assembly.

13 (9) Transfer of non-serialized handgun ammunition from

14 a retail mercantile establishment in this state to another

15 retail mercantile establishment outside of this State.

16 (10) Possession of non-serialized handgun ammunition

17 inventory by a retail mercantile establishment

18 manufactured before January 1, 2022 and possessed by the

19 retail mercantile establishment until that inventory is

20 sold or exhausted in compliance with this Article.

21 (11) Possession of non-serialized handgun ammunition

22 by a person issued a concealed carry license by the

23 Illinois State Police under the Firearm Concealed Carry

24 Act or issued a Firearm Owner's Identification Card by the

25 Illinois State Police under the Firearm Owners

26 Identification Card Act on his or her person, in a

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1 firearm, or in a vehicle for 15 years after the effective

2 date of this amendatory Act of the 102nd General Assembly.

3 (12) Possession of non-serialized handgun ammunition

4 by persons engaged in the development of new calibers, new

5 rifles, new handguns, and ammunition that is used in those

6 rifles and handguns or modifications to existing rifles or

7 handguns. Possession of non-serialized handgun ammunition

8 under this paragraph (12) must be in compliance with this

9 Article, the number of rounds must not exceed 15,000, must

10 be used solely for development purposes, and must be

11 transported with the firearms for which they are used.

12 (13) Possession of non-serialized handgun ammunition

13 by persons engaged in the non-commercial reloading of

14 ammunition.

15 (14) Possession and storage of non-serialized handgun

16 ammunition in the owner's dwelling, farm, or farm

17 outbuilding, or while at a public or private firearm

18 range.

19 (15) Possession of non-serialized handgun ammunition

20 by persons involved in the protection of dignitaries from

21 domestic or foreign governments under the direction and

22 authorization of the Illinois State Police, which may

23 charge a fee for use of that ammunition which shall not

24 exceed the cost of that ammunition to the Illinois State

25 Police.

26 (16) Ammunition used in black powder firearms

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1 regardless of the date of manufacture of the firearms.

2 (17) Projectiles that are determined by the Illinois

3 State Police to be less than lethal that may be fired from

4 devices that are in possession of persons lawfully able to

5 possess those devices.

6 (g-16) The Illinois State Police shall annually review the

7 exemptions contained in subsection (g-15) of this Section and

8 make recommendations to the Governor and General Assembly for

9 changes in exemptions permitted by subsection (g-15).

10 (h) An information or indictment based upon a violation of

11 any subsection of this Article need not negative any

12 exemptions contained in this Article. The defendant shall have

13 the burden of proving such an exemption.

14 (i) Nothing in this Article shall prohibit, apply to, or

15 affect the transportation, carrying, or possession, of any

16 pistol or revolver, stun gun, taser, or other firearm

17 consigned to a common carrier operating under license of the

18 State of Illinois or the federal government, where such

19 transportation, carrying, or possession is incident to the

20 lawful transportation in which such common carrier is engaged;

21 and nothing in this Article shall prohibit, apply to, or

22 affect the transportation, carrying, or possession of any

23 pistol, revolver, stun gun, taser, or other firearm, not the

24 subject of and regulated by subsection 24-1(a)(7) or

25 subsection 24-2(c) of this Article, which is unloaded and

26 enclosed in a case, firearm carrying box, shipping box, or

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1 other container, by the possessor of a valid Firearm Owners

2 Identification Card.

3 (Source: P.A. 100-201, eff. 8-18-17; 101-80, eff. 7-12-19.)

4 (720 ILCS 5/24-4) (from Ch. 38, par. 24-4)

5 Sec. 24-4. Register of sales by dealer.

6 (a) Any seller of firearms of a size which may be concealed

7 upon the person, other than a manufacturer selling to a bona

8 fide wholesaler or retailer or a wholesaler selling to a bona

9 fide retailer, shall keep a register of all firearms sold or

10 given away.

11 (b) Such register shall contain the date of the sale or

12 gift, the name, address, age and occupation of the person to

13 whom the weapon is sold or given, the price of the weapon, the

14 kind, description and number of the weapon, and the purpose

15 for which it is purchased and obtained.

16 (c) Such seller on demand of a peace officer shall produce

17 for inspection the register and allow such peace officer to

18 inspect such register and all stock on hand.

19 (c-5) Beginning January 1, 2022, the Illinois State Police

20 shall maintain a centralized registry of all reports of

21 handgun ammunition transactions reported to the Illinois State

22 Police under Section 24-1.11, in a manner prescribed by the

23 Illinois State Police. Information in the registry, upon

24 proper application for that information, shall be furnished to

25 the officers listed in Section 24-1.11, or to the person

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1 listed in the registry as the owner of the particular handgun

2 ammunition.

3 (d) Sentence.

4 Violation of this Section is a Class B misdemeanor.

5 (Source: P.A. 77-2638.)

6 (720 ILCS 5/24-5) (from Ch. 38, par. 24-5)

7 Sec. 24-5. Defacing identification marks of firearms.

8 (a) Any person who shall knowingly or intentionally

9 change, alter, remove or obliterate the name of the importer's

10 or manufacturer's serial number of any firearm commits a Class

11 2 felony.

12 (b) A person who possesses any firearm upon which any such

13 importer's or manufacturer's serial number has been changed,

14 altered, removed or obliterated commits a Class 3 felony.

15 (b-5) Beginning January 1, 2022, any person who knowingly

16 destroys, obliterates, or otherwise renders unreadable, the

17 serialization required under Section 24-1.10, on any bullet or

18 assembled handgun ammunition is guilty of a Class A

19 misdemeanor.

20 (c) Nothing in this Section shall prevent a person from

21 making repairs, replacement of parts, or other changes to a

22 firearm if those repairs, replacement of parts, or changes

23 cause the removal of the name of the maker, model, or other

24 marks of identification other than the serial number on the

25 firearm's frame or receiver.

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1 (d) A prosecution for a violation of this Section may be

2 commenced within 6 years after the commission of the offense.

3 (Source: P.A. 93-906, eff. 8-11-04.)

4 Section 99. Effective date. This Act takes effect upon

5 becoming law.

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INDEX

Statutes amended in order of appearance