103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB3208
 
Introduced , by Rep. Tony M. McCombie
 
SYNOPSIS AS INTRODUCED:



     
5 ILCS 140/7.5
430 ILCS 65/8 from Ch. 38, par. 83-8
430 ILCS 65/8.6 new
430 ILCS 65/4.1 rep.
720 ILCS 5/24-1 from Ch. 38, par. 24-1
720 ILCS 5/24-1.9 rep.
720 ILCS 5/24-1.10 rep.

 Amends the Firearm Owners Identification Card Act. Provides that the State, including the Illinois State Police, shall not establish or maintain a registry that contains information about the purchase of a firearm or the purchaser's personal identifying information. Repeals amendatory provisions of the Criminal Code of 2012 that beginning January 1, 2024, make it is unlawful for any person within the State to knowingly possess an assault weapon, assault weapon attachment, .50 caliber rifle, or .50 caliber cartridge, with exemptions, and provides penalties and repeals provisions that make it unlawful for any person within the State to knowingly manufacture, deliver, sell, purchase, or cause to be manufactured, delivered, sold, or purchased a large capacity ammunition feeding device, with specified exemptions, and which provide penalties for those actions. Repeals amendatory provisions of the Criminal Code of 2012 that prohibits the manufacture, possession, sale, or offers to
sell, purchase, manufacture, import, transfer, or use any
device, part, kit, tool, accessory, or combination of
parts that is designed to and functions to increase the
rate of fire of a semiautomatic firearm above the standard
rate of fire for semiautomatic firearms that is not equipped with that device, part, or combination of parts. Repeals amendatory provisions of the Freedom of Information Act that exempt from disclosure under the Act certain information concerning assault weapons endorsements received by the Illinois State Police. Effective immediately.



LRB103 25822 RLC 52173 b


 
 
A BILL FOR
 


HB3208LRB103 25822 RLC 52173 b



1 AN ACT concerning criminal law.


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

3represented in the General Assembly:



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



6 (5 ILCS 140/7.5)



7 Sec. 7.5. Statutory exemptions. To the extent provided for 
8by the statutes referenced below, the following shall be 
9exempt from inspection and copying:
10  (a) All information determined to be confidential 
11 under Section 4002 of the Technology Advancement and 
12 Development Act.
13  (b) Library circulation and order records identifying 
14 library users with specific materials under the Library 
15 Records Confidentiality Act.
16  (c) Applications, related documents, and medical 
17 records received by the Experimental Organ Transplantation 
18 Procedures Board and any and all documents or other 
19 records prepared by the Experimental Organ Transplantation 
20 Procedures Board or its staff relating to applications it 
21 has received.
22  (d) Information and records held by the Department of 
23 Public Health and its authorized representatives relating 
 
 
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1 to known or suspected cases of sexually transmissible 
2 disease or any information the disclosure of which is 
3 restricted under the Illinois Sexually Transmissible 
4 Disease Control Act.
5  (e) Information the disclosure of which is exempted 
6 under Section 30 of the Radon Industry Licensing Act.
7  (f) Firm performance evaluations under Section 55 of 
8 the Architectural, Engineering, and Land Surveying 
9 Qualifications Based Selection Act.
10  (g) Information the disclosure of which is restricted 
11 and exempted under Section 50 of the Illinois Prepaid 
12 Tuition Act.
13  (h) Information the disclosure of which is exempted 
14 under the State Officials and Employees Ethics Act, and 
15 records of any lawfully created State or local inspector 
16 general's office that would be exempt if created or 
17 obtained by an Executive Inspector General's office under 
18 that Act.
19  (i) Information contained in a local emergency energy 
20 plan submitted to a municipality in accordance with a 
21 local emergency energy plan ordinance that is adopted 
22 under Section 11-21.5-5 of the Illinois Municipal Code.
23  (j) Information and data concerning the distribution 
24 of surcharge moneys collected and remitted by carriers 
25 under the Emergency Telephone System Act.
26  (k) Law enforcement officer identification information 
 
 
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1 or driver identification information compiled by a law 
2 enforcement agency or the Department of Transportation 
3 under Section 11-212 of the Illinois Vehicle Code.
4  (l) Records and information provided to a residential 
5 health care facility resident sexual assault and death 
6 review team or the Executive Council under the Abuse 
7 Prevention Review Team Act.
8  (m) Information provided to the predatory lending 
9 database created pursuant to Article 3 of the Residential 
10 Real Property Disclosure Act, except to the extent 
11 authorized under that Article.
12  (n) Defense budgets and petitions for certification of 
13 compensation and expenses for court appointed trial 
14 counsel as provided under Sections 10 and 15 of the 
15 Capital Crimes Litigation Act. This subsection (n) shall 
16 apply until the conclusion of the trial of the case, even 
17 if the prosecution chooses not to pursue the death penalty 
18 prior to trial or sentencing.
19  (o) Information that is prohibited from being 
20 disclosed under Section 4 of the Illinois Health and 
21 Hazardous Substances Registry Act.
22  (p) Security portions of system safety program plans, 
23 investigation reports, surveys, schedules, lists, data, or 
24 information compiled, collected, or prepared by or for the 
25 Department of Transportation under Sections 2705-300 and 
26 2705-616 of the Department of Transportation Law of the 
 
 
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1 Civil Administrative Code of Illinois, the Regional 
2 Transportation Authority under Section 2.11 of the 
3 Regional Transportation Authority Act, or the St. Clair 
4 County Transit District under the Bi-State Transit Safety 
5 Act. 
6  (q) Information prohibited from being disclosed by the 
7 Personnel Record Review Act. 
8  (r) Information prohibited from being disclosed by the 
9 Illinois School Student Records Act. 
10  (s) Information the disclosure of which is restricted 
11 under Section 5-108 of the Public Utilities Act. 

12  (t) All identified or deidentified health information 
13 in the form of health data or medical records contained 
14 in, stored in, submitted to, transferred by, or released 
15 from the Illinois Health Information Exchange, and 
16 identified or deidentified health information in the form 
17 of health data and medical records of the Illinois Health 
18 Information Exchange in the possession of the Illinois 
19 Health Information Exchange Office due to its 
20 administration of the Illinois Health Information 
21 Exchange. The terms "identified" and "deidentified" shall 
22 be given the same meaning as in the Health Insurance 
23 Portability and Accountability Act of 1996, Public Law 
24 104-191, or any subsequent amendments thereto, and any 
25 regulations promulgated thereunder. 
26  (u) Records and information provided to an independent 
 
 
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1 team of experts under the Developmental Disability and 
2 Mental Health Safety Act (also known as Brian's Law). 
3  (v) Names and information of people who have applied 
4 for or received Firearm Owner's Identification Cards under 
5 the Firearm Owners Identification Card Act or applied for 
6 or received a concealed carry license under the Firearm 
7 Concealed Carry Act, unless otherwise authorized by the 
8 Firearm Concealed Carry Act; and databases under the 
9 Firearm Concealed Carry Act, records of the Concealed 
10 Carry Licensing Review Board under the Firearm Concealed 
11 Carry Act, and law enforcement agency objections under the 
12 Firearm Concealed Carry Act. 
13  (v-5) Records of the Firearm Owner's Identification 
14 Card Review Board that are exempted from disclosure under 
15 Section 10 of the Firearm Owners Identification Card Act.
16  (w) Personally identifiable information which is 
17 exempted from disclosure under subsection (g) of Section 
18 19.1 of the Toll Highway Act.
19  (x) Information which is exempted from disclosure 
20 under Section 5-1014.3 of the Counties Code or Section 
21 8-11-21 of the Illinois Municipal Code. 
22  (y) Confidential information under the Adult 
23 Protective Services Act and its predecessor enabling 
24 statute, the Elder Abuse and Neglect Act, including 
25 information about the identity and administrative finding 
26 against any caregiver of a verified and substantiated 
 
 
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1 decision of abuse, neglect, or financial exploitation of 
2 an eligible adult maintained in the Registry established 
3 under Section 7.5 of the Adult Protective Services Act. 
4  (z) Records and information provided to a fatality 
5 review team or the Illinois Fatality Review Team Advisory 
6 Council under Section 15 of the Adult Protective Services 
7 Act. 
8  (aa) Information which is exempted from disclosure 
9 under Section 2.37 of the Wildlife Code. 
10  (bb) Information which is or was prohibited from 
11 disclosure by the Juvenile Court Act of 1987. 
12  (cc) Recordings made under the Law Enforcement 
13 Officer-Worn Body Camera Act, except to the extent 
14 authorized under that Act.
15  (dd) Information that is prohibited from being 
16 disclosed under Section 45 of the Condominium and Common 
17 Interest Community Ombudsperson Act. 
18  (ee) Information that is exempted from disclosure 
19 under Section 30.1 of the Pharmacy Practice Act. 
20  (ff) Information that is exempted from disclosure 
21 under the Revised Uniform Unclaimed Property Act. 
22  (gg) Information that is prohibited from being 
23 disclosed under Section 7-603.5 of the Illinois Vehicle 
24 Code. 
25  (hh) Records that are exempt from disclosure under 
26 Section 1A-16.7 of the Election Code. 
 
 
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1  (ii) Information which is exempted from disclosure 
2 under Section 2505-800 of the Department of Revenue Law of 
3 the Civil Administrative Code of Illinois. 
4  (jj) Information and reports that are required to be 
5 submitted to the Department of Labor by registering day 
6 and temporary labor service agencies but are exempt from 
7 disclosure under subsection (a-1) of Section 45 of the Day 
8 and Temporary Labor Services Act. 
9  (kk) Information prohibited from disclosure under the 
10 Seizure and Forfeiture Reporting Act. 
11  (ll) Information the disclosure of which is restricted 
12 and exempted under Section 5-30.8 of the Illinois Public 
13 Aid Code. 
14  (mm) Records that are exempt from disclosure under 
15 Section 4.2 of the Crime Victims Compensation Act. 
16  (nn) Information that is exempt from disclosure under 
17 Section 70 of the Higher Education Student Assistance Act. 
18  (oo) Communications, notes, records, and reports 
19 arising out of a peer support counseling session 
20 prohibited from disclosure under the First Responders 
21 Suicide Prevention Act. 
22  (pp) Names and all identifying information relating to 
23 an employee of an emergency services provider or law 
24 enforcement agency under the First Responders Suicide 
25 Prevention Act. 
26  (qq) Information and records held by the Department of 
 
 
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1 Public Health and its authorized representatives collected 
2 under the Reproductive Health Act. 
3  (rr) Information that is exempt from disclosure under 
4 the Cannabis Regulation and Tax Act. 
5  (ss) Data reported by an employer to the Department of 
6 Human Rights pursuant to Section 2-108 of the Illinois 
7 Human Rights Act.
8  (tt) Recordings made under the Children's Advocacy 
9 Center Act, except to the extent authorized under that 
10 Act. 
11  (uu) Information that is exempt from disclosure under 
12 Section 50 of the Sexual Assault Evidence Submission Act. 
13  (vv) Information that is exempt from disclosure under 
14 subsections (f) and (j) of Section 5-36 of the Illinois 
15 Public Aid Code. 
16  (ww) Information that is exempt from disclosure under 
17 Section 16.8 of the State Treasurer Act. 
18  (xx) Information that is exempt from disclosure or 
19 information that shall not be made public under the 
20 Illinois Insurance Code. 
21  (yy) Information prohibited from being disclosed under 
22 the Illinois Educational Labor Relations Act.
23  (zz) Information prohibited from being disclosed under 
24 the Illinois Public Labor Relations Act. 
25  (aaa) Information prohibited from being disclosed 
26 under Section 1-167 of the Illinois Pension Code. 
 
 
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1  (bbb) Information that is prohibited from disclosure 
2 by the Illinois Police Training Act and the Illinois State 
3 Police Act. 
4  (ccc) Records exempt from disclosure under Section

5 2605-304 of the Illinois State Police Law of the Civil

6 Administrative Code of Illinois. 
7  (ddd) Information prohibited from being disclosed 
8 under Section 35 of the Address Confidentiality for 
9 Victims of Domestic Violence, Sexual Assault, Human 
10 Trafficking, or Stalking Act. 
11  (eee) Information prohibited from being disclosed 
12 under subsection (b) of Section 75 of the Domestic 
13 Violence Fatality Review Act. 
14  (fff) Images from cameras under the Expressway Camera 
15 Act. This subsection (fff) is inoperative on and after 
16 July 1, 2023. 
17  (ggg) Information prohibited from disclosure under 
18 paragraph (3) of subsection (a) of Section 14 of the Nurse 
19 Agency Licensing Act. 
20  (hhh) Information submitted to the Department of State 
21 Police in an affidavit or application for an assault 
22 weapon endorsement, assault weapon attachment endorsement, 
23 .50 caliber rifle endorsement, or .50 caliber cartridge 
24 endorsement under the Firearm Owners Identification Card 
25 Act. 
26(Source: P.A. 101-13, eff. 6-12-19; 101-27, eff. 6-25-19; 
 
 
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1101-81, eff. 7-12-19; 101-221, eff. 1-1-20; 101-236, eff. 
21-1-20; 101-375, eff. 8-16-19; 101-377, eff. 8-16-19; 101-452, 
3eff. 1-1-20; 101-466, eff. 1-1-20; 101-600, eff. 12-6-19; 
4101-620, eff 12-20-19; 101-649, eff. 7-7-20; 101-652, eff. 
51-1-22; 101-656, eff. 3-23-21; 102-36, eff. 6-25-21; 102-237, 
6eff. 1-1-22; 102-292, eff. 1-1-22; 102-520, eff. 8-20-21; 
7102-559, eff. 8-20-21; 102-813, eff. 5-13-22; 102-946, eff. 
87-1-22; 102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23.)

9 Section 10. The Firearm Owners Identification Card Act is 
10amended by changing Section 8 and by adding Section 8.6 as 
11follows:



12 (430 ILCS 65/8) (from Ch. 38, par. 83-8)

13 Sec. 8. Grounds for denial and revocation. The Illinois 
14State Police has authority to deny an
application for or to 
15revoke and seize a Firearm Owner's Identification
Card 
16previously issued under this Act only if the Illinois State 
17Police finds that the
applicant or the person to whom such card 
18was issued is or was at the time
of issuance:

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

22  (b) This subsection (b) applies through the 180th day 
23 following July 12, 2019 (the effective date of Public Act 
24 101-80). A person under 21 years of age who does not have 
 
 
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1 the written consent
of his parent or guardian to acquire 
2 and possess firearms and firearm
ammunition, or whose 
3 parent or guardian has revoked such written consent,
or 
4 where such parent or guardian does not qualify to have a 
5 Firearm Owner's
Identification Card;
6  (b-5) This subsection (b-5) applies on and after the 
7 181st day following July 12, 2019 (the effective date of 
8 Public Act 101-80). A person under 21 years of age who is 
9 not an active duty member of the United States Armed 
10 Forces or the Illinois National Guard and does not have 
11 the written consent
of his or her parent or guardian to 
12 acquire and possess firearms and firearm
ammunition, or 
13 whose parent or guardian has revoked such written consent,

14 or where such parent or guardian does not qualify to have a 
15 Firearm Owner's
Identification Card; 

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

18  (d) A person addicted to narcotics;

19  (e) A person who has been a patient of a mental health 
20 facility within the
past 5 years or a person who has been a 
21 patient in a mental health facility more than 5 years ago 
22 who has not received the certification required under 
23 subsection (u) of this Section. An active law enforcement 
24 officer employed by a unit of government or a Department 
25 of Corrections employee authorized to possess firearms who 
26 is denied, revoked, or has his or her Firearm Owner's 
 
 
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1 Identification Card seized under this subsection (e) may 
2 obtain relief as described in subsection (c-5) of Section 
3 10 of this Act if the officer or employee did not act in a 
4 manner threatening to the officer or employee, another 
5 person, or the public as determined by the treating 
6 clinical psychologist or physician, and the officer or 
7 employee seeks mental health treatment;

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

11  (g) A person who has an intellectual disability;

12  (h) A person who intentionally makes a false statement 
13 in the Firearm
Owner's Identification Card application or 
14 endorsement affidavit;

15  (i) A noncitizen who is unlawfully present in
the 
16 United States under the laws of the United States;

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

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

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

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

5 States; or

6    (B) en route to or from another country to 
7 which that noncitizen is
accredited;

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

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

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

17  (j) (Blank);

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

22 used or possessed;

23  (l) A person who has been convicted of domestic 
24 battery, aggravated domestic battery, or a substantially

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

15  (m) (Blank);

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

19  (o) A minor subject to a petition filed under Section 
20 5-520 of the
Juvenile Court Act of 1987 alleging that the 
21 minor is a delinquent minor for
the commission of an 
22 offense that if committed by an adult would be a felony;


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

 
 
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1  (q) A person who is not a resident of the State of 
2 Illinois, except as provided in subsection (a-10) of 
3 Section 4; 
4  (r) A person who has been adjudicated as a person with 
5 a mental disability; 
6  (s) A person who has been found to have a 
7 developmental disability; 
8  (t) A person involuntarily admitted into a mental 
9 health facility; or 
10  (u) A person who has had his or her Firearm Owner's 
11 Identification Card revoked or denied under subsection (e) 
12 of this Section or item (iv) of paragraph (2) of 
13 subsection (a) of Section 4 of this Act because he or she 
14 was a patient in a mental health facility as provided in 
15 subsection (e) of this Section, shall not be permitted to 
16 obtain a Firearm Owner's Identification Card, after the 
17 5-year period has lapsed, unless he or she has received a 
18 mental health evaluation by a physician, clinical 
19 psychologist, or qualified examiner as those terms are 
20 defined in the Mental Health and Developmental 
21 Disabilities Code, and has received a certification that 
22 he or she is not a clear and present danger to himself, 
23 herself, or others. The physician, clinical psychologist, 
24 or qualified examiner making the certification and his or 
25 her employer shall not be held criminally, civilly, or 
26 professionally liable for making or not making the 
 
 
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1 certification required under this subsection, except for 
2 willful or wanton misconduct. This subsection does not 
3 apply to a person whose firearm possession rights have 
4 been restored through administrative or judicial action 
5 under Section 10 or 11 of this Act. 
6 Upon revocation of a person's Firearm Owner's 
7Identification Card, the Illinois State Police shall provide 
8notice to the person and the person shall comply with Section 
99.5 of this Act. 
10(Source: P.A. 101-80, eff. 7-12-19; 102-538, eff. 8-20-21; 
11102-645, eff. 1-1-22; 102-813, eff. 5-13-22; 102-1030, eff. 
125-27-22; 102-1116, eff. 1-10-23.)


13 (430 ILCS 65/8.6 new)
14 Sec. 8.6. Firearm registry; prohibited. This State, 
15including the Illinois State Police, shall not establish or 
16maintain a registry that contains information about the 
17purchase of a firearm or the purchaser's personal identifying 
18information.

19 (430 ILCS 65/4.1 rep.)
20 Section 15. The Firearm Owners Identification Card Act is 
21amended by repealing Section 4.1.

22 Section 20. The Criminal Code of 2012 is amended by 
23changing Section 24-1 as follows:



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


2 Sec. 24-1. Unlawful use of weapons. 

3 (a) A person commits the offense of unlawful use of 
4weapons when
he knowingly:

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

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

20  (2.5) Carries or possesses with intent to use the same 
21 unlawfully against another, any firearm in a church, 
22 synagogue, mosque, or other building, structure, or place 
23 used for religious worship; or 
24  (3) Carries on or about his person or in any vehicle, a 
25 tear gas gun
projector or bomb or any object containing 
 
 
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1 noxious liquid gas or
substance, other than an object 
2 containing a non-lethal noxious liquid gas
or substance 
3 designed solely for personal defense carried by a person 
4 18
years of age or older; or

5  (4) Carries or possesses in any vehicle or concealed 
6 on or about his
person except when on his land or in his 
7 own abode, legal dwelling, or fixed place of
business, or 
8 on the land or in the legal dwelling of another person as 
9 an invitee with that person's permission, any pistol, 
10 revolver, stun gun or taser or other firearm, except
that

11 this subsection (a) (4) does not apply to or affect 
12 transportation of weapons
that meet one of the following 
13 conditions:

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

15   (ii) are not immediately accessible; or

16   (iii) are unloaded and enclosed in a case, firearm 
17 carrying box,
shipping box, or other container by a 
18 person who has been issued a currently
valid Firearm 
19 Owner's
Identification Card; or
20   (iv) are carried or possessed in accordance with 
21 the Firearm Concealed Carry Act by a person who has 
22 been issued a currently valid license under the 
23 Firearm Concealed Carry Act; or 

24  (5) Sets a spring gun; or

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

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

4   (i) a machine gun, which shall be defined for the 
5 purposes of this
subsection as any weapon,
which 
6 shoots, is designed to shoot, or can be readily 
7 restored to shoot,
automatically more than one shot 
8 without manually reloading by a single
function of the 
9 trigger, including the frame or receiver
of any such 
10 weapon, or sells, manufactures, purchases, possesses, 
11 or
carries any combination of parts designed or 
12 intended for
use in converting any weapon into a 
13 machine gun, or any combination or
parts from which a 
14 machine gun can be assembled if such parts are in the

15 possession or under the control of a person;

16   (ii) any rifle having one or
more barrels less 
17 than 16 inches in length or a shotgun having one or 
18 more
barrels less than 18 inches in length or any 
19 weapon made from a rifle or
shotgun, whether by 
20 alteration, modification, or otherwise, if such a 
21 weapon
as modified has an overall length of less than 
22 26 inches; or

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

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

10  This subsection (a)(8) does not apply to any auction 
11 or raffle of a firearm
held pursuant to
a license or permit 
12 issued by a governmental body, nor does it apply to 
13 persons
engaged
in firearm safety training courses; or

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

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

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

7   (ii) are not immediately accessible; or

8   (iii) are unloaded and enclosed in a case, firearm 
9 carrying box,
shipping box, or other container by a 
10 person who has been issued a currently
valid Firearm 
11 Owner's
Identification Card; or

12   (iv) are carried or possessed in accordance with 
13 the Firearm Concealed Carry Act by a person who has 
14 been issued a currently valid license under the 
15 Firearm Concealed Carry Act. 
16  A "stun gun or taser", as used in this paragraph (a) 
17 means (i) any device
which is powered by electrical 
18 charging units, such as, batteries, and
which fires one or 
19 several barbs attached to a length of wire and
which, upon 
20 hitting a human, can send out a current capable of 
21 disrupting
the person's nervous system in such a manner as 
22 to render him incapable of
normal functioning or (ii) any 
23 device which is powered by electrical
charging units, such 
24 as batteries, and which, upon contact with a human or

25 clothing worn by a human, can send out current capable of 
26 disrupting
the person's nervous system in such a manner as 
 
 
HB3208- 22 -LRB103 25822 RLC 52173 b


1 to render him incapable
of normal functioning; or

2  (11) Sells, manufactures, delivers, imports, 
3 possesses, or purchases any assault weapon attachment or 
4 .50 caliber cartridge in violation of Section 24-1.9 or 
5 any explosive bullet. For purposes
of this paragraph (a) 
6 "explosive bullet" means the projectile portion of
an 
7 ammunition cartridge which contains or carries an 
8 explosive charge which
will explode upon contact with the 
9 flesh of a human or an animal.
"Cartridge" means a tubular 
10 metal case having a projectile affixed at the
front 
11 thereof and a cap or primer at the rear end thereof, with 
12 the
propellant contained in such tube between the 
13 projectile and the cap; or

14  (12) (Blank); or

15  (13) Carries or possesses on or about his or her 
16 person while in a building occupied by a unit of 
17 government, a billy club, other weapon of like character, 
18 or other instrument of like character intended for use as 
19 a weapon. For the purposes of this Section, "billy club" 
20 means a short stick or club commonly carried by police 
21 officers which is either telescopic or constructed of a 
22 solid piece of wood or other man-made material; or
23  (14) Manufactures, possesses, sells, or offers to 
24 sell, purchase, manufacture, import, transfer, or use any 
25 device, part, kit, tool, accessory, or combination of 
26 parts that is designed to and functions to increase the 
 
 
HB3208- 23 -LRB103 25822 RLC 52173 b


1 rate of fire of a semiautomatic firearm above the standard 
2 rate of fire for semiautomatic firearms that is not 
3 equipped with that device, part, or combination of parts; 
4 or
5  (15) Carries or possesses any assault weapon or .50 
6 caliber rifle in violation of Section 24-1.9; or
7  (16) Manufactures, sells, delivers, imports, or 
8 purchases any assault weapon or .50 caliber rifle in 
9 violation of Section 24-1.9. 
10 (b) Sentence. A person convicted of a violation of 
11subsection 24-1(a)(1)
through (5), subsection 24-1(a)(10),

12subsection 24-1(a)(11), or subsection 24-1(a)(13), or 
1324-1(a)(15) commits a Class A
misdemeanor.
A person convicted 
14of a violation of subsection
24-1(a)(8) or 24-1(a)(9) commits 
15a
Class 4 felony; a person
convicted of a violation of 
16subsection 24-1(a)(6), or 24-1(a)(7)(ii), 24-1(a)(7)(iii), or 
1724-1(a)(16) or (iii)
commits a Class 3 felony. A person 
18convicted of a violation of subsection
24-1(a)(7)(i) commits a 
19Class 2 felony and shall be sentenced to a term of imprisonment 
20of not less than 3 years and not more than 7 years, unless the 
21weapon is possessed in the
passenger compartment of a motor 
22vehicle as defined in Section 1-146 of the
Illinois Vehicle 
23Code, or on the person, while the weapon is loaded, in which

24case it shall be a Class X felony. A person convicted of a

25second or subsequent violation of subsection 24-1(a)(4), 
2624-1(a)(8),
24-1(a)(9), or
24-1(a)(10), or 24-1(a)(15) commits 
 
 
HB3208- 24 -LRB103 25822 RLC 52173 b


1a Class 3 felony. A person convicted of a violation of 
2subsection 24-1(a)(2.5) or 24-1(a)(14) commits a Class 2 
3felony. The possession of each weapon or device in violation 
4of this Section constitutes a single and separate violation.

5 (c) Violations in specific places.

6  (1) A person who violates subsection 24-1(a)(6) or 
7 24-1(a)(7) in any
school, regardless of the time of day or 
8 the time of year, in residential
property owned, operated 
9 or managed by a public housing agency or
leased by
a public 
10 housing agency as part of a scattered site or mixed-income

11 development, in a
public park, in a courthouse, on the 
12 real property comprising any school,
regardless of the

13 time of day or the time of year, on residential property 
14 owned, operated
or
managed by a public housing agency
or 
15 leased by a public housing agency as part of a scattered 
16 site or
mixed-income development,
on the real property 
17 comprising any
public park, on the real property 
18 comprising any courthouse, in any conveyance
owned, leased 
19 or contracted by a school to
transport students to or from 
20 school or a school related activity, in any conveyance

21 owned, leased, or contracted by a public transportation 
22 agency, or on any
public way within 1,000 feet of the real 
23 property comprising any school,
public park, courthouse, 
24 public transportation facility, or residential property 
25 owned, operated, or managed
by a public housing agency
or 
26 leased by a public housing agency as part of a scattered 
 
 
HB3208- 25 -LRB103 25822 RLC 52173 b


1 site or
mixed-income development
commits a Class 2 felony 
2 and shall be sentenced to a term of imprisonment of not 
3 less than 3 years and not more than 7 years.

4  (1.5) A person who violates subsection 24-1(a)(4), 
5 24-1(a)(9), or
24-1(a)(10) in any school, regardless of 
6 the time of day or the time of year,
in residential 
7 property owned, operated, or managed by a public
housing

8 agency
or leased by a public housing agency as part of a 
9 scattered site or
mixed-income development,
in
a public

10 park, in a courthouse, on the real property comprising any 
11 school, regardless
of the time of day or the time of year, 
12 on residential property owned,
operated, or managed by a 
13 public housing agency
or leased by a public housing agency 
14 as part of a scattered site or
mixed-income development,

15 on the real property
comprising any public park, on the 
16 real property comprising any courthouse, in
any conveyance 
17 owned, leased, or contracted by a school to transport 
18 students
to or from school or a school related activity, 
19 in any conveyance
owned, leased, or contracted by a public 
20 transportation agency, or on any public way within
1,000 
21 feet of the real property comprising any school, public 
22 park, courthouse,
public transportation facility, or 
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 commits a Class 3 felony.

 
 
HB3208- 26 -LRB103 25822 RLC 52173 b


1  (2) A person who violates subsection 24-1(a)(1), 
2 24-1(a)(2), or
24-1(a)(3)
in any school, regardless of the 
3 time of day or the time of year, in
residential property 
4 owned, operated or managed by a public housing
agency
or 
5 leased by a public housing agency as part of a scattered 
6 site or
mixed-income development,
in
a public park, in a 
7 courthouse, on the real property comprising any school,

8 regardless of the time of day or the time of year, on 
9 residential property
owned, operated or managed by a 
10 public housing agency
or leased by a public housing agency 
11 as part of a scattered site or
mixed-income development,

12 on the real property
comprising any public park, on the 
13 real property comprising any courthouse, in
any conveyance 
14 owned, leased or contracted by a school to transport 
15 students
to or from school or a school related activity, 
16 in any conveyance
owned, leased, or contracted by a public 
17 transportation agency, or on any public way within
1,000 
18 feet of the real property comprising any school, public 
19 park, courthouse,
public transportation facility, or 
20 residential property owned, operated, or managed by a 
21 public
housing agency or leased by a public housing agency 
22 as part of a scattered
site or mixed-income development 
23 commits a Class 4 felony. "Courthouse"
means any building 
24 that is used by the Circuit, Appellate, or Supreme Court 
25 of
this State for the conduct of official business.

26  (3) Paragraphs (1), (1.5), and (2) of this subsection 
 
 
HB3208- 27 -LRB103 25822 RLC 52173 b


1 (c) shall not
apply to law
enforcement officers or 
2 security officers of such school, college, or
university 
3 or to students carrying or possessing firearms for use in 
4 training
courses, parades, hunting, target shooting on 
5 school ranges, or otherwise with
the consent of school 
6 authorities and which firearms are transported unloaded

7 enclosed in a suitable case, box, or transportation 
8 package.

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

12  (5) For the purposes of this subsection (c), "public 
13 transportation agency" means a public or private agency 
14 that provides for the transportation or conveyance of

15 persons by means available to the general public, except 
16 for transportation
by automobiles not used for conveyance 
17 of the general public as passengers; and "public 
18 transportation facility" means a terminal or other place

19 where one may obtain public transportation.

20 (d) The presence in an automobile other than a public 
21omnibus of any
weapon, instrument or substance referred to in 
22subsection (a)(7) is
prima facie evidence that it is in the 
23possession of, and is being
carried by, all persons occupying 
24such automobile at the time such
weapon, instrument or 
25substance is found, except under the following
circumstances: 
26(i) if such weapon, instrument or instrumentality is
found 
 
 
HB3208- 28 -LRB103 25822 RLC 52173 b


1upon the person of one of the occupants therein; or (ii) if 
2such
weapon, instrument or substance is found in an automobile 
3operated for
hire by a duly licensed driver in the due, lawful 
4and proper pursuit of
his or her trade, then such presumption 
5shall not apply to the driver.

6 (e) Exemptions.
7  (1) Crossbows, Common or Compound bows and Underwater

8 Spearguns are exempted from the definition of ballistic 
9 knife as defined in
paragraph (1) of subsection (a) of 
10 this Section.
11  (2) The provision of paragraph (1) of subsection (a) 
12 of this Section prohibiting the sale, manufacture, 
13 purchase, possession, or carrying of any knife, commonly 
14 referred to as a switchblade knife, which has a
blade that 
15 opens automatically by hand pressure applied to a button,

16 spring or other device in the handle of the knife, does not 
17 apply to a person who possesses a currently valid Firearm 
18 Owner's Identification Card previously issued in his or 
19 her name by the Illinois State Police or to a person or an 
20 entity engaged in the business of selling or manufacturing 
21 switchblade knives. 

22(Source: P.A. 101-223, eff. 1-1-20; 102-538, eff. 8-20-21; 
23102-1116, eff. 1-10-23.)


24 (720 ILCS 5/24-1.9 rep.)
25 (720 ILCS 5/24-1.10 rep.)
 
 
HB3208- 29 -LRB103 25822 RLC 52173 b


1 Section 25. The Criminal Code of 2012 is amended by 
2repealing Sections 24-1.9 and 24-1.10.


3 Section 99. Effective date. This Act takes effect upon 
4becoming law.