Sen. Don Harmon

Filed: 1/9/2023

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1 AMENDMENT TO HOUSE BILL 5471

2 AMENDMENT NO. ______. Amend House Bill 5471 by replacing

3 everything after the enacting clause with the following:

4 "Section 1. This Act may be referred to as the Protect

5 Illinois Communities Act.

6 Section 3. The Illinois Administrative Procedure Act is

7 amended by adding Section 5-45.35 as follows:

8 (5 ILCS 100/5-45.35 new)

9 Sec. 5-45.35. Emergency rulemaking. To provide for the

10 expeditious and timely implementation of this amendatory Act

11 of the 102nd General Assembly, emergency rules implementing

12 the this amendatory Act of the 102nd General Assembly may be

13 adopted in accordance with Section 5-45 by the Illinois State

14 Police. The adoption of emergency rules authorized by Section

15 5-45 and this Section is deemed to be necessary for the public

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1 interest, safety, and welfare.

2 This Section is repealed one year after the effective date

3 of this amendatory Act of the 102nd General Assembly.

4 Section 5. The Illinois State Police Law of the Civil

5 Administrative Code of Illinois is amended by changing

6 Sections 2605-35 and 2605-51.1 as follows:

7 (20 ILCS 2605/2605-35) (was 20 ILCS 2605/55a-3)

8 Sec. 2605-35. Division of Criminal Investigation.

9 (a) The Division of Criminal Investigation shall exercise

10 the following functions and those in Section 2605-30:

11 (1) Exercise the rights, powers, and duties vested by

12 law in the Illinois State Police by the Illinois Horse

13 Racing Act of 1975, including those set forth in Section

14 2605-215.

15 (2) Investigate the origins, activities, personnel,

16 and incidents of crime and enforce the criminal laws of

17 this State related thereto.

18 (3) Enforce all laws regulating the production, sale,

19 prescribing, manufacturing, administering, transporting,

20 having in possession, dispensing, delivering,

21 distributing, or use of controlled substances and

22 cannabis.

23 (4) Cooperate with the police of cities, villages, and

24 incorporated towns and with the police officers of any

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1 county in enforcing the laws of the State and in making

2 arrests and recovering property.

3 (5) Apprehend and deliver up any person charged in

4 this State or any other state with treason or a felony or

5 other crime who has fled from justice and is found in this

6 State.

7 (6) Investigate recipients and providers under the

8 Illinois Public Aid Code and any personnel involved in the

9 administration of the Code who are suspected of any

10 violation of the Code pertaining to fraud in the

11 administration, receipt, or provision of assistance and

12 pertaining to any violation of criminal law; and exercise

13 the functions required under Section 2605-220 in the

14 conduct of those investigations.

15 (7) Conduct other investigations as provided by law,

16 including, but not limited to, investigations of human

17 trafficking, illegal drug trafficking, and illegal

18 firearms trafficking.

19 (8) Investigate public corruption.

20 (9) Exercise other duties that may be assigned by the

21 Director in order to fulfill the responsibilities and

22 achieve the purposes of the Illinois State Police, which

23 may include the coordination of gang, terrorist, and

24 organized crime prevention, control activities, and

25 assisting local law enforcement in their crime control

26 activities.

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1 (10) Conduct investigations (and cooperate with

2 federal law enforcement agencies in the investigation) of

3 any property-related crimes, such as money laundering,

4 involving individuals or entities listed on the sanctions

5 list maintained by the U.S. Department of Treasury's

6 Office of Foreign Asset Control.

7 (b) (Blank).

8 (c) The Division of Criminal Investigation shall provide

9 statewide coordination and strategy pertaining to

10 firearm-related intelligence, firearms trafficking

11 interdiction, and investigations reaching across all divisions

12 of the Illinois State Police, including providing crime gun

13 intelligence support for suspects and firearms involved in

14 firearms trafficking or the commission of a crime involving

15 firearms that is investigated by the Illinois State Police and

16 other federal, State, and local law enforcement agencies, with

17 the objective of reducing and preventing illegal possession

18 and use of firearms, firearms trafficking, firearm-related

19 homicides, and other firearm-related violent crimes in

20 Illinois.

21 (Source: P.A. 102-538, eff. 8-20-21; 102-813, eff. 5-13-22;

22 102-1108, eff. 12-21-22.)

23 (20 ILCS 2605/2605-51.1)

24 (Section scheduled to be repealed on June 1, 2026)

25 Sec. 2605-51.1. Commission on Implementing the Firearms

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1 Restraining Order Act.

2 (a) There is created the Commission on Implementing the

3 Firearms Restraining Order Act composed of at least 12 members

4 to advise on the strategies of education and implementation of

5 the Firearms Restraining Order Act. The Commission shall be

6 appointed by the Director of the Illinois State Police or his

7 or her designee and shall include a liaison or representative

8 nominated from the following:

9 (1) the Office of the Attorney General, appointed by

10 the Attorney General;

11 (2) the Director of the Illinois State Police or his

12 or her designee;

13 (3) at least 3 State's Attorneys, nominated by the

14 Director of the Office of the State's Attorneys Appellate

15 Prosecutor;

16 (4) at least 2 municipal police department

17 representatives, nominated by the Illinois Association of

18 Chiefs of Police;

19 (5) an Illinois sheriff, nominated by the Illinois

20 Sheriffs' Association;

21 (6) the Director of Public Health or his or her

22 designee;

23 (7) the Illinois Law Enforcement Training Standards

24 Board, nominated by the Executive Director of the Board;

25 (8) a representative from a public defender's office,

26 nominated by the State Appellate Defender;

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1 (9) a circuit court judge, nominated by the Chief

2 Justice of the Supreme Court;

3 (10) a prosecutor with experience managing or

4 directing a program in another state where the

5 implementation of that state's extreme risk protection

6 order law has achieved high rates of petition filings

7 nominated by the National District Attorneys Association;

8 ~~and~~

9 (11) an expert from law enforcement who has experience

10 managing or directing a program in another state where the

11 implementation of that state's extreme risk protection

12 order law has achieved high rates of petition filings

13 nominated by the Director of the Illinois State Police;

14 and

15 (12) a circuit court clerk, nominated by the President

16 of the Illinois Association of Court Clerks.

17 (b) The Commission shall be chaired by the Director of the

18 Illinois State Police or his or her designee. The Commission

19 shall meet, either virtually or in person, to discuss the

20 implementation of the Firearms Restraining Order Act as

21 determined by the Commission while the strategies are being

22 established.

23 (c) The members of the Commission shall serve without

24 compensation and shall serve 3-year terms.

25 (d) An annual report shall be submitted to the General

26 Assembly by the Commission that may include summary

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1 information about firearms restraining order use by county,

2 challenges to Firearms Restraining Order Act implementation,

3 and recommendations for increasing and improving

4 implementation.

5 (e) The Commission shall develop a model policy with an

6 overall framework for the timely relinquishment of firearms

7 whenever a firearms restraining order is issued. The model

8 policy shall be finalized within the first 4 months of

9 convening. In formulating the model policy, the Commission

10 shall consult counties in Illinois and other states with

11 extreme risk protection order laws which have achieved a high

12 rate of petition filings. Once approved, the Illinois State

13 Police shall work with their local law enforcement agencies

14 within their county to design a comprehensive strategy for the

15 timely relinquishment of firearms, using the model policy as

16 an overall framework. Each individual agency may make small

17 modifications as needed to the model policy and must approve

18 and adopt a policy that aligns with the model policy. The

19 Illinois State Police shall convene local police chiefs and

20 sheriffs within their county as needed to discuss the

21 relinquishment of firearms.

22 (f) The Commission shall be dissolved June 1, 2025 (3

23 years after the effective date of Public Act 102-345).

24 (g) This Section is repealed June 1, 2026 (4 years after

25 the effective date of Public Act 102-345).

26 (Source: P.A. 102-345, eff. 6-1-22; 102-813, eff. 5-13-22.)

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1 Section 7. The Illinois Procurement Code is amended by

2 changing Section 1-10 as follows:

3 (30 ILCS 500/1-10)

4 Sec. 1-10. Application.

5 (a) This Code applies only to procurements for which

6 bidders, offerors, potential contractors, or contractors were

7 first solicited on or after July 1, 1998. This Code shall not

8 be construed to affect or impair any contract, or any

9 provision of a contract, entered into based on a solicitation

10 prior to the implementation date of this Code as described in

11 Article 99, including, but not limited to, any covenant

12 entered into with respect to any revenue bonds or similar

13 instruments. All procurements for which contracts are

14 solicited between the effective date of Articles 50 and 99 and

15 July 1, 1998 shall be substantially in accordance with this

16 Code and its intent.

17 (b) This Code shall apply regardless of the source of the

18 funds with which the contracts are paid, including federal

19 assistance moneys. This Code shall not apply to:

20 (1) Contracts between the State and its political

21 subdivisions or other governments, or between State

22 governmental bodies, except as specifically provided in

23 this Code.

24 (2) Grants, except for the filing requirements of

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1 Section 20-80.

2 (3) Purchase of care, except as provided in Section

3 5-30.6 of the Illinois Public Aid Code and this Section.

4 (4) Hiring of an individual as an employee and not as

5 an independent contractor, whether pursuant to an

6 employment code or policy or by contract directly with

7 that individual.

8 (5) Collective bargaining contracts.

9 (6) Purchase of real estate, except that notice of

10 this type of contract with a value of more than $25,000

11 must be published in the Procurement Bulletin within 10

12 calendar days after the deed is recorded in the county of

13 jurisdiction. The notice shall identify the real estate

14 purchased, the names of all parties to the contract, the

15 value of the contract, and the effective date of the

16 contract.

17 (7) Contracts necessary to prepare for anticipated

18 litigation, enforcement actions, or investigations,

19 provided that the chief legal counsel to the Governor

20 shall give his or her prior approval when the procuring

21 agency is one subject to the jurisdiction of the Governor,

22 and provided that the chief legal counsel of any other

23 procuring entity subject to this Code shall give his or

24 her prior approval when the procuring entity is not one

25 subject to the jurisdiction of the Governor.

26 (8) (Blank).

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1 (9) Procurement expenditures by the Illinois

2 Conservation Foundation when only private funds are used.

3 (10) (Blank).

4 (11) Public-private agreements entered into according

5 to the procurement requirements of Section 20 of the

6 Public-Private Partnerships for Transportation Act and

7 design-build agreements entered into according to the

8 procurement requirements of Section 25 of the

9 Public-Private Partnerships for Transportation Act.

10 (12) (A) Contracts for legal, financial, and other

11 professional and artistic services entered into by the

12 Illinois Finance Authority in which the State of Illinois

13 is not obligated. Such contracts shall be awarded through

14 a competitive process authorized by the members of the

15 Illinois Finance Authority and are subject to Sections

16 5-30, 20-160, 50-13, 50-20, 50-35, and 50-37 of this Code,

17 as well as the final approval by the members of the

18 Illinois Finance Authority of the terms of the contract.

19 (B) Contracts for legal and financial services entered

20 into by the Illinois Housing Development Authority in

21 connection with the issuance of bonds in which the State

22 of Illinois is not obligated. Such contracts shall be

23 awarded through a competitive process authorized by the

24 members of the Illinois Housing Development Authority and

25 are subject to Sections 5-30, 20-160, 50-13, 50-20, 50-35,

26 and 50-37 of this Code, as well as the final approval by

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1 the members of the Illinois Housing Development Authority

2 of the terms of the contract.

3 (13) Contracts for services, commodities, and

4 equipment to support the delivery of timely forensic

5 science services in consultation with and subject to the

6 approval of the Chief Procurement Officer as provided in

7 subsection (d) of Section 5-4-3a of the Unified Code of

8 Corrections, except for the requirements of Sections

9 20-60, 20-65, 20-70, and 20-160 and Article 50 of this

10 Code; however, the Chief Procurement Officer may, in

11 writing with justification, waive any certification

12 required under Article 50 of this Code. For any contracts

13 for services which are currently provided by members of a

14 collective bargaining agreement, the applicable terms of

15 the collective bargaining agreement concerning

16 subcontracting shall be followed.

17 On and after January 1, 2019, this paragraph (13),

18 except for this sentence, is inoperative.

19 (14) Contracts for participation expenditures required

20 by a domestic or international trade show or exhibition of

21 an exhibitor, member, or sponsor.

22 (15) Contracts with a railroad or utility that

23 requires the State to reimburse the railroad or utilities

24 for the relocation of utilities for construction or other

25 public purpose. Contracts included within this paragraph

26 (15) shall include, but not be limited to, those

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1 associated with: relocations, crossings, installations,

2 and maintenance. For the purposes of this paragraph (15),

3 "railroad" means any form of non-highway ground

4 transportation that runs on rails or electromagnetic

5 guideways and "utility" means: (1) public utilities as

6 defined in Section 3-105 of the Public Utilities Act, (2)

7 telecommunications carriers as defined in Section 13-202

8 of the Public Utilities Act, (3) electric cooperatives as

9 defined in Section 3.4 of the Electric Supplier Act, (4)

10 telephone or telecommunications cooperatives as defined in

11 Section 13-212 of the Public Utilities Act, (5) rural

12 water or waste water systems with 10,000 connections or

13 less, (6) a holder as defined in Section 21-201 of the

14 Public Utilities Act, and (7) municipalities owning or

15 operating utility systems consisting of public utilities

16 as that term is defined in Section 11-117-2 of the

17 Illinois Municipal Code.

18 (16) Procurement expenditures necessary for the

19 Department of Public Health to provide the delivery of

20 timely newborn screening services in accordance with the

21 Newborn Metabolic Screening Act.

22 (17) Procurement expenditures necessary for the

23 Department of Agriculture, the Department of Financial and

24 Professional Regulation, the Department of Human Services,

25 and the Department of Public Health to implement the

26 Compassionate Use of Medical Cannabis Program and Opioid

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1 Alternative Pilot Program requirements and ensure access

2 to medical cannabis for patients with debilitating medical

3 conditions in accordance with the Compassionate Use of

4 Medical Cannabis Program Act.

5 (18) This Code does not apply to any procurements

6 necessary for the Department of Agriculture, the

7 Department of Financial and Professional Regulation, the

8 Department of Human Services, the Department of Commerce

9 and Economic Opportunity, and the Department of Public

10 Health to implement the Cannabis Regulation and Tax Act if

11 the applicable agency has made a good faith determination

12 that it is necessary and appropriate for the expenditure

13 to fall within this exemption and if the process is

14 conducted in a manner substantially in accordance with the

15 requirements of Sections 20-160, 25-60, 30-22, 50-5,

16 50-10, 50-10.5, 50-12, 50-13, 50-15, 50-20, 50-21, 50-35,

17 50-36, 50-37, 50-38, and 50-50 of this Code; however, for

18 Section 50-35, compliance applies only to contracts or

19 subcontracts over $100,000. Notice of each contract

20 entered into under this paragraph (18) that is related to

21 the procurement of goods and services identified in

22 paragraph (1) through (9) of this subsection shall be

23 published in the Procurement Bulletin within 14 calendar

24 days after contract execution. The Chief Procurement

25 Officer shall prescribe the form and content of the

26 notice. Each agency shall provide the Chief Procurement

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1 Officer, on a monthly basis, in the form and content

2 prescribed by the Chief Procurement Officer, a report of

3 contracts that are related to the procurement of goods and

4 services identified in this subsection. At a minimum, this

5 report shall include the name of the contractor, a

6 description of the supply or service provided, the total

7 amount of the contract, the term of the contract, and the

8 exception to this Code utilized. A copy of any or all of

9 these contracts shall be made available to the Chief

10 Procurement Officer immediately upon request. The Chief

11 Procurement Officer shall submit a report to the Governor

12 and General Assembly no later than November 1 of each year

13 that includes, at a minimum, an annual summary of the

14 monthly information reported to the Chief Procurement

15 Officer. This exemption becomes inoperative 5 years after

16 June 25, 2019 (the effective date of Public Act 101-27).

17 (19) Acquisition of modifications or adjustments,

18 limited to assistive technology devices and assistive

19 technology services, adaptive equipment, repairs, and

20 replacement parts to provide reasonable accommodations (i)

21 that enable a qualified applicant with a disability to

22 complete the job application process and be considered for

23 the position such qualified applicant desires, (ii) that

24 modify or adjust the work environment to enable a

25 qualified current employee with a disability to perform

26 the essential functions of the position held by that

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1 employee, (iii) to enable a qualified current employee

2 with a disability to enjoy equal benefits and privileges

3 of employment as are enjoyed by other similarly situated

4 employees without disabilities, and (iv) that allow a

5 customer, client, claimant, or member of the public

6 seeking State services full use and enjoyment of and

7 access to its programs, services, or benefits.

8 For purposes of this paragraph (19):

9 "Assistive technology devices" means any item, piece

10 of equipment, or product system, whether acquired

11 commercially off the shelf, modified, or customized, that

12 is used to increase, maintain, or improve functional

13 capabilities of individuals with disabilities.

14 "Assistive technology services" means any service that

15 directly assists an individual with a disability in

16 selection, acquisition, or use of an assistive technology

17 device.

18 "Qualified" has the same meaning and use as provided

19 under the federal Americans with Disabilities Act when

20 describing an individual with a disability.

21 (20) Procurement expenditures necessary for the

22 Illinois Commerce Commission to hire third-party

23 facilitators pursuant to Sections 16-105.17 and 16-108.18

24 of the Public Utilities Act or an ombudsman pursuant to

25 Section 16-107.5 of the Public Utilities Act, a

26 facilitator pursuant to Section 16-105.17 of the Public

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1 Utilities Act, or a grid auditor pursuant to Section

2 16-105.10 of the Public Utilities Act.

3 (21) Procurement expenditures for the purchase,

4 renewal, and expansion of software, software licenses, or

5 software maintenance agreements that support the efforts

6 of the Illinois State Police to enforce, regulate, and

7 administer the Firearm Owners Identification Card Act, the

8 Firearm Concealed Carry Act, the Firearms Restraining

9 Order Act, the Firearm Dealer License Certification Act,

10 the Law Enforcement Agencies Data System (LEADS), the

11 Uniform Crime Reporting Act, the Criminal Identification

12 Act, the Uniform Conviction Information Act, and the Gun

13 Trafficking Information Act, or establish or maintain

14 record management systems necessary to conduct human

15 trafficking investigations or gun trafficking or other

16 stolen firearm investigations. This paragraph (21) applies

17 to contracts entered into on or after the effective date

18 of this amendatory Act of the 102nd General Assembly and

19 the renewal of contracts that are in effect on the

20 effective date of this amendatory Act of the 102nd General

21 Assembly.

22 Notwithstanding any other provision of law, for contracts

23 with an annual value of more than $100,000 entered into on or

24 after October 1, 2017 under an exemption provided in any

25 paragraph of this subsection (b), except paragraph (1), (2),

26 or (5), each State agency shall post to the appropriate

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1 procurement bulletin the name of the contractor, a description

2 of the supply or service provided, the total amount of the

3 contract, the term of the contract, and the exception to the

4 Code utilized. The chief procurement officer shall submit a

5 report to the Governor and General Assembly no later than

6 November 1 of each year that shall include, at a minimum, an

7 annual summary of the monthly information reported to the

8 chief procurement officer.

9 (c) This Code does not apply to the electric power

10 procurement process provided for under Section 1-75 of the

11 Illinois Power Agency Act and Section 16-111.5 of the Public

12 Utilities Act.

13 (d) Except for Section 20-160 and Article 50 of this Code,

14 and as expressly required by Section 9.1 of the Illinois

15 Lottery Law, the provisions of this Code do not apply to the

16 procurement process provided for under Section 9.1 of the

17 Illinois Lottery Law.

18 (e) This Code does not apply to the process used by the

19 Capital Development Board to retain a person or entity to

20 assist the Capital Development Board with its duties related

21 to the determination of costs of a clean coal SNG brownfield

22 facility, as defined by Section 1-10 of the Illinois Power

23 Agency Act, as required in subsection (h-3) of Section 9-220

24 of the Public Utilities Act, including calculating the range

25 of capital costs, the range of operating and maintenance

26 costs, or the sequestration costs or monitoring the

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1 construction of clean coal SNG brownfield facility for the

2 full duration of construction.

3 (f) (Blank).

4 (g) (Blank).

5 (h) This Code does not apply to the process to procure or

6 contracts entered into in accordance with Sections 11-5.2 and

7 11-5.3 of the Illinois Public Aid Code.

8 (i) Each chief procurement officer may access records

9 necessary to review whether a contract, purchase, or other

10 expenditure is or is not subject to the provisions of this

11 Code, unless such records would be subject to attorney-client

12 privilege.

13 (j) This Code does not apply to the process used by the

14 Capital Development Board to retain an artist or work or works

15 of art as required in Section 14 of the Capital Development

16 Board Act.

17 (k) This Code does not apply to the process to procure

18 contracts, or contracts entered into, by the State Board of

19 Elections or the State Electoral Board for hearing officers

20 appointed pursuant to the Election Code.

21 (l) This Code does not apply to the processes used by the

22 Illinois Student Assistance Commission to procure supplies and

23 services paid for from the private funds of the Illinois

24 Prepaid Tuition Fund. As used in this subsection (l), "private

25 funds" means funds derived from deposits paid into the

26 Illinois Prepaid Tuition Trust Fund and the earnings thereon.

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1 (m) This Code shall apply regardless of the source of

2 funds with which contracts are paid, including federal

3 assistance moneys. Except as specifically provided in this

4 Code, this Code shall not apply to procurement expenditures

5 necessary for the Department of Public Health to conduct the

6 Healthy Illinois Survey in accordance with Section 2310-431 of

7 the Department of Public Health Powers and Duties Law of the

8 Civil Administrative Code of Illinois.

9 (Source: P.A. 101-27, eff. 6-25-19; 101-81, eff. 7-12-19;

10 101-363, eff. 8-9-19; 102-175, eff. 7-29-21; 102-483, eff

11 1-1-22; 102-558, eff. 8-20-21; 102-600, eff. 8-27-21; 102-662,

12 eff. 9-15-21; 102-721, eff. 1-1-23; 102-813, eff. 5-13-22.)

13 Section 10. The Firearm Owners Identification Card Act is

14 amended by changing Sections 2, 3, 4, and 8 and by adding

15 Section 4.1 as follows:

16 (430 ILCS 65/2) (from Ch. 38, par. 83-2)

17 Sec. 2. Firearm Owner's Identification Card required;

18 exceptions.

19 (a) (1) No person may acquire or possess any firearm, stun

20 gun, or taser within this State without having in his or her

21 possession a Firearm Owner's Identification Card previously

22 issued in his or her name by the Illinois State Police under

23 the provisions of this Act.

24 (2) No person may acquire or possess firearm ammunition

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1 within this State without having in his or her possession a

2 Firearm Owner's Identification Card previously issued in his

3 or her name by the Illinois State Police under the provisions

4 of this Act.

5 (b) The provisions of this Section regarding the

6 possession of firearms, firearm ammunition, stun guns, and

7 tasers do not apply to:

8 (1) United States Marshals, while engaged in the

9 operation of their official duties;

10 (2) Members of the Armed Forces of the United States

11 or the National Guard, while engaged in the operation of

12 their official duties;

13 (3) Federal officials required to carry firearms,

14 while engaged in the operation of their official duties;

15 (4) Members of bona fide veterans organizations which

16 receive firearms directly from the armed forces of the

17 United States, while using the firearms for ceremonial

18 purposes with blank ammunition;

19 (5) Nonresident hunters during hunting season, with

20 valid nonresident hunting licenses and while in an area

21 where hunting is permitted; however, at all other times

22 and in all other places these persons must have their

23 firearms unloaded and enclosed in a case;

24 (6) Those hunters exempt from obtaining a hunting

25 license who are required to submit their Firearm Owner's

26 Identification Card when hunting on Department of Natural

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1 Resources owned or managed sites;

2 (7) Nonresidents while on a firing or shooting range

3 recognized by the Illinois State Police; however, these

4 persons must at all other times and in all other places

5 have their firearms unloaded and enclosed in a case;

6 (8) Nonresidents while at a firearm showing or display

7 recognized by the Illinois State Police; however, at all

8 other times and in all other places these persons must

9 have their firearms unloaded and enclosed in a case;

10 (9) Nonresidents whose firearms are unloaded and

11 enclosed in a case;

12 (10) Nonresidents who are currently licensed or

13 registered to possess a firearm in their resident state;

14 (11) Unemancipated minors while in the custody and

15 immediate control of their parent or legal guardian or

16 other person in loco parentis to the minor if the parent or

17 legal guardian or other person in loco parentis to the

18 minor has a currently valid Firearm Owner's Identification

19 Card;

20 (12) Color guards of bona fide veterans organizations

21 or members of bona fide American Legion bands while using

22 firearms for ceremonial purposes with blank ammunition;

23 (13) Nonresident hunters whose state of residence does

24 not require them to be licensed or registered to possess a

25 firearm and only during hunting season, with valid hunting

26 licenses, while accompanied by, and using a firearm owned

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1 by, a person who possesses a valid Firearm Owner's

2 Identification Card and while in an area within a

3 commercial club licensed under the Wildlife Code where

4 hunting is permitted and controlled, but in no instance

5 upon sites owned or managed by the Department of Natural

6 Resources;

7 (14) Resident hunters who are properly authorized to

8 hunt and, while accompanied by a person who possesses a

9 valid Firearm Owner's Identification Card, hunt in an area

10 within a commercial club licensed under the Wildlife Code

11 where hunting is permitted and controlled; and

12 (15) A person who is otherwise eligible to obtain a

13 Firearm Owner's Identification Card under this Act and is

14 under the direct supervision of a holder of a Firearm

15 Owner's Identification Card who is 21 years of age or

16 older while the person is on a firing or shooting range or

17 is a participant in a firearms safety and training course

18 recognized by a law enforcement agency or a national,

19 statewide shooting sports organization~~; and~~

20 ~~(16) Competitive shooting athletes whose competition~~

21 ~~firearms are sanctioned by the International Olympic~~

22 ~~Committee, the International Paralympic Committee, the~~

23 ~~International Shooting Sport Federation, or USA Shooting~~

24 ~~in connection with such athletes' training for and~~

25 ~~participation in shooting competitions at the 2016 Olympic~~

26 ~~and Paralympic Games and sanctioned test events leading up~~

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1 ~~to the 2016 Olympic and Paralympic Games~~.

2 (c) The provisions of this Section regarding the

3 acquisition and possession of firearms, firearm ammunition,

4 stun guns, and tasers do not apply to law enforcement

5 officials of this or any other jurisdiction, while engaged in

6 the operation of their official duties.

7 (c-5) The provisions of paragraphs (1) and (2) of

8 subsection (a) of this Section regarding the possession of

9 firearms and firearm ammunition do not apply to the holder of a

10 valid concealed carry license issued under the Firearm

11 Concealed Carry Act who is in physical possession of the

12 concealed carry license.

13 (d) Any person who becomes a resident of this State, who is

14 not otherwise prohibited from obtaining, possessing, or using

15 a firearm or firearm ammunition, shall not be required to have

16 a Firearm Owner's Identification Card to possess firearms or

17 firearms ammunition until 60 calendar days after he or she

18 obtains an Illinois driver's license or Illinois

19 Identification Card.

20 (Source: P.A. 102-538, eff. 8-20-21.)

21 (430 ILCS 65/3) (from Ch. 38, par. 83-3)

22 (Text of Section before amendment by P.A. 102-237)

23 Sec. 3. (a) Except as provided in Section 3a, no person may

24 knowingly transfer, or cause to be transferred, any firearm,

25 firearm ammunition, stun gun, or taser to any person within

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1 this State unless the transferee with whom he deals displays

2 either: (1) a currently valid Firearm Owner's Identification

3 Card which has previously been issued in his or her name by the

4 Illinois State Police under the provisions of this Act; or (2)

5 a currently valid license to carry a concealed firearm which

6 has previously been issued in his or her name by the Illinois

7 State Police under the Firearm Concealed Carry Act. In

8 addition, all firearm, stun gun, and taser transfers by

9 federally licensed firearm dealers are subject to Section 3.1.

10 (a-5) Any person who is not a federally licensed firearm

11 dealer and who desires to transfer or sell a firearm while that

12 person is on the grounds of a gun show must, before selling or

13 transferring the firearm, request the Illinois State Police to

14 conduct a background check on the prospective recipient of the

15 firearm in accordance with Section 3.1.

16 (a-10) Notwithstanding item (2) of subsection (a) of this

17 Section, any person who is not a federally licensed firearm

18 dealer and who desires to transfer or sell a firearm or

19 firearms to any person who is not a federally licensed firearm

20 dealer shall, before selling or transferring the firearms,

21 contact a federal firearm license dealer under paragraph (1)

22 of subsection (a-15) of this Section to conduct the transfer

23 or the Illinois State Police with the transferee's or

24 purchaser's Firearm Owner's Identification Card number to

25 determine the validity of the transferee's or purchaser's

26 Firearm Owner's Identification Card under State and federal

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1 law including the National Instant Criminal Background Check

2 System. This subsection shall not be effective until July 1,

3 2023. Until that date the transferor shall contact the

4 Illinois State Police with the transferee's or purchaser's

5 Firearm Owner's Identification Card number to determine the

6 validity of the card ~~January 1, 2014~~. The Illinois State

7 Police may adopt rules concerning the implementation of this

8 subsection. The Illinois State Police shall provide the seller

9 or transferor an approval number if the purchaser's Firearm

10 Owner's Identification Card is valid. Approvals issued by the

11 Illinois State Police for the purchase of a firearm pursuant

12 to this subsection are valid for 30 days from the date of

13 issue.

14 (a-15) The provisions of subsection (a-10) of this Section

15 do not apply to:

16 (1) transfers that occur at the place of business of a

17 federally licensed firearm dealer, if the federally

18 licensed firearm dealer conducts a background check on the

19 prospective recipient of the firearm in accordance with

20 Section 3.1 of this Act and follows all other applicable

21 federal, State, and local laws as if he or she were the

22 seller or transferor of the firearm, although the dealer

23 is not required to accept the firearm into his or her

24 inventory. The purchaser or transferee may be required by

25 the federally licensed firearm dealer to pay a fee not to

26 exceed $25 ~~$10~~ per firearm, which the dealer may retain as

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1 compensation for performing the functions required under

2 this paragraph, plus the applicable fees authorized by

3 Section 3.1;

4 (2) transfers as a bona fide gift to the transferor's

5 husband, wife, son, daughter, stepson, stepdaughter,

6 father, mother, stepfather, stepmother, brother, sister,

7 nephew, niece, uncle, aunt, grandfather, grandmother,

8 grandson, granddaughter, father-in-law, mother-in-law,

9 son-in-law, or daughter-in-law;

10 (3) transfers by persons acting pursuant to operation

11 of law or a court order;

12 (4) transfers on the grounds of a gun show under

13 subsection (a-5) of this Section;

14 (5) the delivery of a firearm by its owner to a

15 gunsmith for service or repair, the return of the firearm

16 to its owner by the gunsmith, or the delivery of a firearm

17 by a gunsmith to a federally licensed firearms dealer for

18 service or repair and the return of the firearm to the

19 gunsmith;

20 (6) temporary transfers that occur while in the home

21 of the unlicensed transferee, if the unlicensed transferee

22 is not otherwise prohibited from possessing firearms and

23 the unlicensed transferee reasonably believes that

24 possession of the firearm is necessary to prevent imminent

25 death or great bodily harm to the unlicensed transferee;

26 (7) transfers to a law enforcement or corrections

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1 agency or a law enforcement or corrections officer acting

2 within the course and scope of his or her official duties;

3 (8) transfers of firearms that have been rendered

4 permanently inoperable to a nonprofit historical society,

5 museum, or institutional collection; and

6 (9) transfers to a person who is exempt from the

7 requirement of possessing a Firearm Owner's Identification

8 Card under Section 2 of this Act.

9 (a-20) The Illinois State Police shall develop an

10 Internet-based system for individuals to determine the

11 validity of a Firearm Owner's Identification Card prior to the

12 sale or transfer of a firearm. The Illinois State Police shall

13 have the Internet-based system updated ~~completed~~ and available

14 for use by January 1, 2024 ~~July 1, 2015~~. The Illinois State

15 Police shall adopt rules not inconsistent with this Section to

16 implement this system; but no rule shall allow the Illinois

17 State Police to retain records in contravention of State and

18 federal law.

19 (a-25) On or before January 1, 2022, the Illinois State

20 Police shall develop an Internet-based system upon which the

21 serial numbers of firearms that have been reported stolen are

22 available for public access for individuals to ensure any

23 firearms are not reported stolen prior to the sale or transfer

24 of a firearm under this Section. The Illinois State Police

25 shall have the Internet-based system completed and available

26 for use by July 1, 2022. The Illinois State Police shall adopt

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1 rules not inconsistent with this Section to implement this

2 system.

3 (b) Any person within this State who transfers or causes

4 to be transferred any firearm, stun gun, or taser shall keep a

5 record of such transfer for a period of 10 years from the date

6 of transfer. Any person within this State who receives any

7 firearm, stun gun, or taser pursuant to subsection (a-10)

8 shall provide a record of the transfer within 10 days of the

9 transfer to a federally licensed firearm dealer and shall not

10 be required to maintain a transfer record. The federally

11 licensed firearm dealer shall maintain the transfer record for

12 20 years from the date of receipt. A federally licensed

13 firearm dealer may charge a fee not to exceed $25 to retain the

14 record. The record shall be provided and maintained in either

15 an electronic or paper format. The federally licensed firearm

16 dealer shall not be liable for the accuracy of any information

17 in the transfer record submitted pursuant to this Section.

18 Such records ~~record~~shall contain the date of the transfer;

19 the description, serial number or other information

20 identifying the firearm, stun gun, or taser if no serial

21 number is available; and, if the transfer was completed within

22 this State, the transferee's Firearm Owner's Identification

23 Card number and any approval number or documentation provided

24 by the Illinois State Police pursuant to subsection (a-10) of

25 this Section; if the transfer was not completed within this

26 State, the record shall contain the name and address of the

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1 transferee. On or after January 1, 2006, the record shall

2 contain the date of application for transfer of the firearm.

3 On demand of a peace officer such transferor shall produce for

4 inspection such record of transfer. For any transfer pursuant

5 to subsection (a-10) of this Section, on the demand of a peace

6 officer, such transferee shall identify the federally licensed

7 firearm dealer maintaining the transfer record. If the

8 transfer or sale took place at a gun show, the record shall

9 include the unique identification number. Failure to record

10 the unique identification number or approval number is a petty

11 offense. For transfers of a firearm, stun gun, or taser made on

12 or after January 18, 2019 (the effective date of Public Act

13 100-1178), failure by the private seller to maintain the

14 transfer records in accordance with this Section, or failure

15 by a transferee pursuant to subsection a-10 of this Section to

16 identify the federally licensed firearm dealer maintaining the

17 transfer record, is a Class A misdemeanor for the first

18 offense and a Class 4 felony for a second or subsequent offense

19 occurring within 10 years of the first offense and the second

20 offense was committed after conviction of the first offense.

21 Whenever any person who has not previously been convicted of

22 any violation of subsection (a-5), the court may grant

23 supervision pursuant to and consistent with the limitations of

24 Section 5-6-1 of the Unified Code of Corrections. A transferee

25 or transferor shall not be criminally liable under this

26 Section provided that he or she provides the Illinois State

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1 Police with the transfer records in accordance with procedures

2 established by the Illinois State Police. The Illinois State

3 Police shall establish, by rule, a standard form on its

4 website.

5 (b-5) Any resident may purchase ammunition from a person

6 within or outside of Illinois if shipment is by United States

7 mail or by a private express carrier authorized by federal law

8 to ship ammunition. Any resident purchasing ammunition within

9 or outside the State of Illinois must provide the seller with a

10 copy of his or her valid Firearm Owner's Identification Card

11 or valid concealed carry license and either his or her

12 Illinois driver's license or Illinois State Identification

13 Card prior to the shipment of the ammunition. The ammunition

14 may be shipped only to an address on either of those 2

15 documents.

16 (c) The provisions of this Section regarding the transfer

17 of firearm ammunition shall not apply to those persons

18 specified in paragraph (b) of Section 2 of this Act.

19 (Source: P.A. 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)

20 (Text of Section after amendment by P.A. 102-237)

21 Sec. 3. (a) Except as provided in Section 3a, no person may

22 knowingly transfer, or cause to be transferred, any firearm,

23 firearm ammunition, stun gun, or taser to any person within

24 this State unless the transferee with whom he deals displays

25 either: (1) a currently valid Firearm Owner's Identification

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1 Card which has previously been issued in his or her name by the

2 Illinois State Police under the provisions of this Act; or (2)

3 a currently valid license to carry a concealed firearm which

4 has previously been issued in his or her name by the Illinois

5 State Police under the Firearm Concealed Carry Act. In

6 addition, all firearm, stun gun, and taser transfers by

7 federally licensed firearm dealers are subject to Section 3.1.

8 (a-5) Any person who is not a federally licensed firearm

9 dealer and who desires to transfer or sell a firearm while that

10 person is on the grounds of a gun show must, before selling or

11 transferring the firearm, request the Illinois State Police to

12 conduct a background check on the prospective recipient of the

13 firearm in accordance with Section 3.1.

14 (a-10) Notwithstanding item (2) of subsection (a) of this

15 Section, any person who is not a federally licensed firearm

16 dealer and who desires to transfer or sell a firearm or

17 firearms to any person who is not a federally licensed firearm

18 dealer shall, before selling or transferring the firearms,

19 contact a federal firearm license dealer under paragraph (1)

20 of subsection (a-15) of this Section to conduct the transfer

21 or the Illinois State Police with the transferee's or

22 purchaser's Firearm Owner's Identification Card number to

23 determine the validity of the transferee's or purchaser's

24 Firearm Owner's Identification Card under State and federal

25 law, including the National Instant Criminal Background Check

26 System. This subsection shall not be effective until July 1,

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LRB102 24372 RLC 42563 a

1 2023 ~~January 1, 2024~~. Until that date the transferor shall

2 contact the Illinois State Police with the transferee's or

3 purchaser's Firearm Owner's Identification Card number to

4 determine the validity of the card. The Illinois State Police

5 may adopt rules concerning the implementation of this

6 subsection. The Illinois State Police shall provide the seller

7 or transferor an approval number if the purchaser's Firearm

8 Owner's Identification Card is valid. Approvals issued by the

9 Illinois State Police for the purchase of a firearm pursuant

10 to this subsection are valid for 30 days from the date of

11 issue.

12 (a-15) The provisions of subsection (a-10) of this Section

13 do not apply to:

14 (1) transfers that occur at the place of business of a

15 federally licensed firearm dealer, if the federally

16 licensed firearm dealer conducts a background check on the

17 prospective recipient of the firearm in accordance with

18 Section 3.1 of this Act and follows all other applicable

19 federal, State, and local laws as if he or she were the

20 seller or transferor of the firearm, although the dealer

21 is not required to accept the firearm into his or her

22 inventory. The purchaser or transferee may be required by

23 the federally licensed firearm dealer to pay a fee not to

24 exceed $25 per firearm, which the dealer may retain as

25 compensation for performing the functions required under

26 this paragraph, plus the applicable fees authorized by

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LRB102 24372 RLC 42563 a

1 Section 3.1;

2 (2) transfers as a bona fide gift to the transferor's

3 husband, wife, son, daughter, stepson, stepdaughter,

4 father, mother, stepfather, stepmother, brother, sister,

5 nephew, niece, uncle, aunt, grandfather, grandmother,

6 grandson, granddaughter, father-in-law, mother-in-law,

7 son-in-law, or daughter-in-law;

8 (3) transfers by persons acting pursuant to operation

9 of law or a court order;

10 (4) transfers on the grounds of a gun show under

11 subsection (a-5) of this Section;

12 (5) the delivery of a firearm by its owner to a

13 gunsmith for service or repair, the return of the firearm

14 to its owner by the gunsmith, or the delivery of a firearm

15 by a gunsmith to a federally licensed firearms dealer for

16 service or repair and the return of the firearm to the

17 gunsmith;

18 (6) temporary transfers that occur while in the home

19 of the unlicensed transferee, if the unlicensed transferee

20 is not otherwise prohibited from possessing firearms and

21 the unlicensed transferee reasonably believes that

22 possession of the firearm is necessary to prevent imminent

23 death or great bodily harm to the unlicensed transferee;

24 (7) transfers to a law enforcement or corrections

25 agency or a law enforcement or corrections officer acting

26 within the course and scope of his or her official duties;

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LRB102 24372 RLC 42563 a

1 (8) transfers of firearms that have been rendered

2 permanently inoperable to a nonprofit historical society,

3 museum, or institutional collection; and

4 (9) transfers to a person who is exempt from the

5 requirement of possessing a Firearm Owner's Identification

6 Card under Section 2 of this Act.

7 (a-20) The Illinois State Police shall develop an

8 Internet-based system for individuals to determine the

9 validity of a Firearm Owner's Identification Card prior to the

10 sale or transfer of a firearm. The Illinois State Police shall

11 have the Internet-based system updated and available for use

12 by January 1, 2024. The Illinois State Police shall adopt

13 rules not inconsistent with this Section to implement this

14 system; but no rule shall allow the Illinois State Police to

15 retain records in contravention of State and federal law.

16 (a-25) On or before January 1, 2022, the Illinois State

17 Police shall develop an Internet-based system upon which the

18 serial numbers of firearms that have been reported stolen are

19 available for public access for individuals to ensure any

20 firearms are not reported stolen prior to the sale or transfer

21 of a firearm under this Section. The Illinois State Police

22 shall have the Internet-based system completed and available

23 for use by July 1, 2022. The Illinois State Police shall adopt

24 rules not inconsistent with this Section to implement this

25 system.

26 (b) Any person within this State who transfers or causes

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1 to be transferred any firearm, stun gun, or taser shall keep a

2 record of such transfer for a period of 10 years from the date

3 of transfer. Any person within this State who receives any

4 firearm, stun gun, or taser pursuant to subsection (a-10)

5 shall provide a record of the transfer within 10 days of the

6 transfer to a federally licensed firearm dealer and shall not

7 be required to maintain a transfer record. The federally

8 licensed firearm dealer shall maintain the transfer record for

9 20 years from the date of receipt. A federally licensed

10 firearm dealer may charge a fee not to exceed $25 to retain the

11 record. The record shall be provided and maintained in either

12 an electronic or paper format. The federally licensed firearm

13 dealer shall not be liable for the accuracy of any information

14 in the transfer record submitted pursuant to this Section.

15 Such records shall contain the date of the transfer; the

16 description, serial number or other information identifying

17 the firearm, stun gun, or taser if no serial number is

18 available; and, if the transfer was completed within this

19 State, the transferee's Firearm Owner's Identification Card

20 number and any approval number or documentation provided by

21 the Illinois State Police pursuant to subsection (a-10) of

22 this Section; if the transfer was not completed within this

23 State, the record shall contain the name and address of the

24 transferee. On or after January 1, 2006, the record shall

25 contain the date of application for transfer of the firearm.

26 On demand of a peace officer such transferor shall produce for

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1 inspection such record of transfer. For any transfer pursuant

2 to subsection (a-10) of this Section, on the demand of a peace

3 officer, such transferee shall identify the federally licensed

4 firearm dealer maintaining the transfer record. If the

5 transfer or sale took place at a gun show, the record shall

6 include the unique identification number. Failure to record

7 the unique identification number or approval number is a petty

8 offense. For transfers of a firearm, stun gun, or taser made on

9 or after January 18, 2019 (the effective date of Public Act

10 100-1178), failure by the private seller to maintain the

11 transfer records in accordance with this Section, or failure

12 by a transferee pursuant to subsection a-10 of this Section to

13 identify the federally licensed firearm dealer maintaining the

14 transfer record, is a Class A misdemeanor for the first

15 offense and a Class 4 felony for a second or subsequent offense

16 occurring within 10 years of the first offense and the second

17 offense was committed after conviction of the first offense.

18 Whenever any person who has not previously been convicted of

19 any violation of subsection (a-5), the court may grant

20 supervision pursuant to and consistent with the limitations of

21 Section 5-6-1 of the Unified Code of Corrections. A transferee

22 or transferor shall not be criminally liable under this

23 Section provided that he or she provides the Illinois State

24 Police with the transfer records in accordance with procedures

25 established by the Illinois State Police. The Illinois State

26 Police shall establish, by rule, a standard form on its

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LRB102 24372 RLC 42563 a

1 website.

2 (b-5) Any resident may purchase ammunition from a person

3 within or outside of Illinois if shipment is by United States

4 mail or by a private express carrier authorized by federal law

5 to ship ammunition. Any resident purchasing ammunition within

6 or outside the State of Illinois must provide the seller with a

7 copy of his or her valid Firearm Owner's Identification Card

8 or valid concealed carry license and either his or her

9 Illinois driver's license or Illinois State Identification

10 Card prior to the shipment of the ammunition. The ammunition

11 may be shipped only to an address on either of those 2

12 documents.

13 (c) The provisions of this Section regarding the transfer

14 of firearm ammunition shall not apply to those persons

15 specified in paragraph (b) of Section 2 of this Act.

16 (Source: P.A. 102-237, eff. 1-1-24; 102-538, eff. 8-20-21;

17 102-813, eff. 5-13-22.)

18 (430 ILCS 65/4) (from Ch. 38, par. 83-4)

19 Sec. 4. Application for Firearm Owner's Identification

20 Cards.

21 (a) Each applicant for a Firearm Owner's Identification

22 Card must:

23 (1) Submit an application as made available by the

24 Illinois State Police; and

25 (2) Submit evidence to the Illinois State Police that:

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LRB102 24372 RLC 42563 a

1 (i) This subparagraph (i) applies through the

2 180th day following July 12, 2019 (the effective date

3 of Public Act 101-80). He or she is 21 years of age or

4 over, or if he or she is under 21 years of age that he

5 or she has the written consent of his or her parent or

6 legal guardian to possess and acquire firearms and

7 firearm ammunition and that he or she has never been

8 convicted of a misdemeanor other than a traffic

9 offense or adjudged delinquent, provided, however,

10 that such parent or legal guardian is not an

11 individual prohibited from having a Firearm Owner's

12 Identification Card and files an affidavit with the

13 Department as prescribed by the Department stating

14 that he or she is not an individual prohibited from

15 having a Card;

16 (i-5) This subparagraph (i-5) applies on and after

17 the 181st day following July 12, 2019 (the effective

18 date of Public Act 101-80). He or she is 21 years of

19 age or over, or if he or she is under 21 years of age

20 that he or she has never been convicted of a

21 misdemeanor other than a traffic offense or adjudged

22 delinquent and is an active duty member of the United

23 States Armed Forces or the Illinois National Guard or

24 has the written consent of his or her parent or legal

25 guardian to possess and acquire firearms and firearm

26 ammunition, provided, however, that such parent or

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LRB102 24372 RLC 42563 a

1 legal guardian is not an individual prohibited from

2 having a Firearm Owner's Identification Card and files

3 an affidavit with the Illinois State Police as

4 prescribed by the Illinois State Police stating that

5 he or she is not an individual prohibited from having a

6 Card or the active duty member of the United States

7 Armed Forces or the Illinois National Guard under 21

8 years of age annually submits proof to the Illinois

9 State Police, in a manner prescribed by the Illinois

10 State Police;

11 (ii) He or she has not been convicted of a felony

12 under the laws of this or any other jurisdiction;

13 (iii) He or she is not addicted to narcotics;

14 (iv) He or she has not been a patient in a mental

15 health facility within the past 5 years or, if he or

16 she has been a patient in a mental health facility more

17 than 5 years ago submit the certification required

18 under subsection (u) of Section 8 of this Act;

19 (v) He or she is not a person with an intellectual

20 disability;

21 (vi) He or she is not a noncitizen who is

22 unlawfully present in the United States under the laws

23 of the United States;

24 (vii) He or she is not subject to an existing order

25 of protection prohibiting him or her from possessing a

26 firearm;

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LRB102 24372 RLC 42563 a

1 (viii) He or she has not been convicted within the

2 past 5 years of battery, assault, aggravated assault,

3 violation of an order of protection, or a

4 substantially similar offense in another jurisdiction,

5 in which a firearm was used or possessed;

6 (ix) He or she has not been convicted of domestic

7 battery, aggravated domestic battery, or a

8 substantially similar offense in another jurisdiction

9 committed before, on or after January 1, 2012 (the

10 effective date of Public Act 97-158). If the applicant

11 knowingly and intelligently waives the right to have

12 an offense described in this clause (ix) tried by a

13 jury, and by guilty plea or otherwise, results in a

14 conviction for an offense in which a domestic

15 relationship is not a required element of the offense

16 but in which a determination of the applicability of

17 18 U.S.C. 922(g)(9) is made under Section 112A-11.1 of

18 the Code of Criminal Procedure of 1963, an entry by the

19 court of a judgment of conviction for that offense

20 shall be grounds for denying the issuance of a Firearm

21 Owner's Identification Card under this Section;

22 (x) (Blank);

23 (xi) He or she is not a noncitizen who has been

24 admitted to the United States under a non-immigrant

25 visa (as that term is defined in Section 101(a)(26) of

26 the Immigration and Nationality Act (8 U.S.C.

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LRB102 24372 RLC 42563 a

1 1101(a)(26))), or that he or she is a noncitizen who

2 has been lawfully admitted to the United States under

3 a non-immigrant visa if that noncitizen is:

4 (1) admitted to the United States for lawful

5 hunting or sporting purposes;

6 (2) an official representative of a foreign

7 government who is:

8 (A) accredited to the United States

9 Government or the Government's mission to an

10 international organization having its

11 headquarters in the United States; or

12 (B) en route to or from another country to

13 which that noncitizen is accredited;

14 (3) an official of a foreign government or

15 distinguished foreign visitor who has been so

16 designated by the Department of State;

17 (4) a foreign law enforcement officer of a

18 friendly foreign government entering the United

19 States on official business; or

20 (5) one who has received a waiver from the

21 Attorney General of the United States pursuant to

22 18 U.S.C. 922(y)(3);

23 (xii) He or she is not a minor subject to a

24 petition filed under Section 5-520 of the Juvenile

25 Court Act of 1987 alleging that the minor is a

26 delinquent minor for the commission of an offense that

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LRB102 24372 RLC 42563 a

1 if committed by an adult would be a felony;

2 (xiii) He or she is not an adult who had been

3 adjudicated a delinquent minor under the Juvenile

4 Court Act of 1987 for the commission of an offense that

5 if committed by an adult would be a felony;

6 (xiv) He or she is a resident of the State of

7 Illinois;

8 (xv) He or she has not been adjudicated as a person

9 with a mental disability;

10 (xvi) He or she has not been involuntarily

11 admitted into a mental health facility; and

12 (xvii) He or she is not a person with a

13 developmental disability; and

14 (3) Upon request by the Illinois State Police, sign a

15 release on a form prescribed by the Illinois State Police

16 waiving any right to confidentiality and requesting the

17 disclosure to the Illinois State Police of limited mental

18 health institution admission information from another

19 state, the District of Columbia, any other territory of

20 the United States, or a foreign nation concerning the

21 applicant for the sole purpose of determining whether the

22 applicant is or was a patient in a mental health

23 institution and disqualified because of that status from

24 receiving a Firearm Owner's Identification Card. No mental

25 health care or treatment records may be requested. The

26 information received shall be destroyed within one year of

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LRB102 24372 RLC 42563 a

1 receipt.

2 (a-5) Each applicant for a Firearm Owner's Identification

3 Card who is over the age of 18 shall furnish to the Illinois

4 State Police either his or her Illinois driver's license

5 number or Illinois Identification Card number, except as

6 provided in subsection (a-10).

7 (a-10) Each applicant for a Firearm Owner's Identification

8 Card, who is employed as a law enforcement officer, an armed

9 security officer in Illinois, or by the United States Military

10 permanently assigned in Illinois and who is not an Illinois

11 resident, shall furnish to the Illinois State Police his or

12 her driver's license number or state identification card

13 number from his or her state of residence. The Illinois State

14 Police may adopt rules to enforce the provisions of this

15 subsection (a-10).

16 (a-15) If an applicant applying for a Firearm Owner's

17 Identification Card moves from the residence address named in

18 the application, he or she shall immediately notify in a form

19 and manner prescribed by the Illinois State Police of that

20 change of address.

21 (a-20) Each applicant for a Firearm Owner's Identification

22 Card shall furnish to the Illinois State Police his or her

23 photograph. An applicant who is 21 years of age or older

24 seeking a religious exemption to the photograph requirement

25 must furnish with the application an approved copy of United

26 States Department of the Treasury Internal Revenue Service

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LRB102 24372 RLC 42563 a

1 Form 4029. In lieu of a photograph, an applicant regardless of

2 age seeking a religious exemption to the photograph

3 requirement shall submit fingerprints on a form and manner

4 prescribed by the Illinois State Police with his or her

5 application.

6 (a-25) Beginning January 1, 2023, each applicant for the

7 issuance of a Firearm Owner's Identification Card may include

8 a full set of his or her fingerprints in electronic format to

9 the Illinois State Police, unless the applicant has previously

10 provided a full set of his or her fingerprints to the Illinois

11 State Police under this Act or the Firearm Concealed Carry

12 Act.

13 The fingerprints must be transmitted through a live scan

14 fingerprint vendor licensed by the Department of Financial and

15 Professional Regulation. The fingerprints shall be checked

16 against the fingerprint records now and hereafter filed in the

17 Illinois State Police and Federal Bureau of Investigation

18 criminal history records databases, including all available

19 State and local criminal history record information files.

20 The Illinois State Police shall charge applicants a

21 one-time fee for conducting the criminal history record check,

22 which shall be deposited into the State Police Services Fund

23 and shall not exceed the actual cost of the State and national

24 criminal history record check.

25 (a-26) The Illinois State Police shall research, explore,

26 and report to the General Assembly by January 1, 2022 on the

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1 feasibility of permitting voluntarily submitted fingerprints

2 obtained for purposes other than Firearm Owner's

3 Identification Card enforcement that are contained in the

4 Illinois State Police database for purposes of this Act.

5 (b) Each application form shall include the following

6 statement printed in bold type: "Warning: Entering false

7 information on an application for a Firearm Owner's

8 Identification Card is punishable as a Class 2 felony in

9 accordance with subsection (d-5) of Section 14 of the Firearm

10 Owners Identification Card Act.".

11 (c) Upon such written consent, pursuant to Section 4,

12 paragraph (a)(2)(i), the parent or legal guardian giving the

13 consent shall be liable for any damages resulting from the

14 applicant's use of firearms or firearm ammunition.

15 (Source: P.A. 101-80, eff. 7-12-19; 102-237, eff. 1-1-22;

16 102-538, eff. 8-20-21; 102-813, eff. 5-13-22; 102-1030, eff.

17 5-27-22.)

18 (430 ILCS 65/4.1 new)

19 Sec. 4.1. Assault weapon, .50 caliber rifle, assault

20 weapon attachment, or .50 caliber cartridge endorsement.

21 (a) The endorsement affidavit form completed pursuant to

22 Section 24-1.9 of the Criminal Code of 2012 must be executed

23 electronically through the individual's Firearm Owner's

24 Identification Card account.

25 (b) The Illinois State Police shall adopt rules in

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1 accordance with this Section for the electronic submission of

2 an endorsement affidavit.

3 (c) Entering false information on the endorsement

4 affidavit form is a violation of this Act and is also

5 punishable as perjury under Section 32-2 of the Criminal Code

6 of 2012.

7 (430 ILCS 65/8) (from Ch. 38, par. 83-8)

8 Sec. 8. Grounds for denial and revocation. The Illinois

9 State Police has authority to deny an application for or to

10 revoke and seize a Firearm Owner's Identification Card

11 previously issued under this Act only if the Illinois State

12 Police finds that the applicant or the person to whom such card

13 was issued is or was at the time of issuance:

14 (a) A person under 21 years of age who has been

15 convicted of a misdemeanor other than a traffic offense or

16 adjudged delinquent;

17 (b) This subsection (b) applies through the 180th day

18 following July 12, 2019 (the effective date of Public Act

19 101-80). A person under 21 years of age who does not have

20 the written consent of his parent or guardian to acquire

21 and possess firearms and firearm ammunition, or whose

22 parent or guardian has revoked such written consent, or

23 where such parent or guardian does not qualify to have a

24 Firearm Owner's Identification Card;

25 (b-5) This subsection (b-5) applies on and after the

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1 181st day following July 12, 2019 (the effective date of

2 Public Act 101-80). A person under 21 years of age who is

3 not an active duty member of the United States Armed

4 Forces or the Illinois National Guard and does not have

5 the written consent of his or her parent or guardian to

6 acquire and possess firearms and firearm ammunition, or

7 whose parent or guardian has revoked such written consent,

8 or where such parent or guardian does not qualify to have a

9 Firearm Owner's Identification Card;

10 (c) A person convicted of a felony under the laws of

11 this or any other jurisdiction;

12 (d) A person addicted to narcotics;

13 (e) A person who has been a patient of a mental health

14 facility within the past 5 years or a person who has been a

15 patient in a mental health facility more than 5 years ago

16 who has not received the certification required under

17 subsection (u) of this Section. An active law enforcement

18 officer employed by a unit of government or a Department

19 of Corrections employee authorized to possess firearms who

20 is denied, revoked, or has his or her Firearm Owner's

21 Identification Card seized under this subsection (e) may

22 obtain relief as described in subsection (c-5) of Section

23 10 of this Act if the officer or employee did not act in a

24 manner threatening to the officer or employee, another

25 person, or the public as determined by the treating

26 clinical psychologist or physician, and the officer or

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1 employee seeks mental health treatment;

2 (f) A person whose mental condition is of such a

3 nature that it poses a clear and present danger to the

4 applicant, any other person or persons, or the community;

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

6 (h) A person who intentionally makes a false statement

7 in the Firearm Owner's Identification Card applicationor

8 endorsement affidavit;

9 (i) A noncitizen who is unlawfully present in the

10 United States under the laws of the United States;

11 (i-5) A noncitizen who has been admitted to the United

12 States under a non-immigrant visa (as that term is defined

13 in Section 101(a)(26) of the Immigration and Nationality

14 Act (8 U.S.C. 1101(a)(26))), except that this subsection

15 (i-5) does not apply to any noncitizen who has been

16 lawfully admitted to the United States under a

17 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 Government

23 or the Government's mission to an international

24 organization having its headquarters in the United

25 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 States

7 on official business; or

8 (5) one who has received a waiver from the

9 Attorney General of the United States pursuant to 18

10 U.S.C. 922(y)(3);

11 (j) (Blank);

12 (k) A person who has been convicted within the past 5

13 years of battery, assault, aggravated assault, violation

14 of an order of protection, or a substantially similar

15 offense in another jurisdiction, in which a firearm was

16 used or possessed;

17 (l) A person who has been convicted of domestic

18 battery, aggravated domestic battery, or a substantially

19 similar offense in another jurisdiction committed before,

20 on or after January 1, 2012 (the effective date of Public

21 Act 97-158). If the applicant or person who has been

22 previously issued a Firearm Owner's Identification Card

23 under this Act knowingly and intelligently waives the

24 right to have an offense described in this paragraph (l)

25 tried by a jury, and by guilty plea or otherwise, results

26 in a conviction for an offense in which a domestic

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1 relationship is not a required element of the offense but

2 in which a determination of the applicability of 18 U.S.C.

3 922(g)(9) is made under Section 112A-11.1 of the Code of

4 Criminal Procedure of 1963, an entry by the court of a

5 judgment of conviction for that offense shall be grounds

6 for denying an application for and for revoking and

7 seizing a Firearm Owner's Identification Card previously

8 issued to the person under this Act;

9 (m) (Blank);

10 (n) A person who is prohibited from acquiring or

11 possessing firearms or firearm ammunition by any Illinois

12 State statute or by federal law;

13 (o) A minor subject to a petition filed under Section

14 5-520 of the Juvenile Court Act of 1987 alleging that the

15 minor is a delinquent minor for the commission of an

16 offense that if committed by an adult would be a felony;

17 (p) An adult who had been adjudicated a delinquent

18 minor under the Juvenile Court Act of 1987 for the

19 commission of an offense that if committed by an adult

20 would be a felony;

21 (q) A person who is not a resident of the State of

22 Illinois, except as provided in subsection (a-10) of

23 Section 4;

24 (r) A person who has been adjudicated as a person with

25 a mental disability;

26 (s) A person who has been found to have a

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1 developmental disability;

2 (t) A person involuntarily admitted into a mental

3 health facility; or

4 (u) A person who has had his or her Firearm Owner's

5 Identification Card revoked or denied under subsection (e)

6 of this Section or item (iv) of paragraph (2) of

7 subsection (a) of Section 4 of this Act because he or she

8 was a patient in a mental health facility as provided in

9 subsection (e) of this Section, shall not be permitted to

10 obtain a Firearm Owner's Identification Card, after the

11 5-year period has lapsed, unless he or she has received a

12 mental health evaluation by a physician, clinical

13 psychologist, or qualified examiner as those terms are

14 defined in the Mental Health and Developmental

15 Disabilities Code, and has received a certification that

16 he or she is not a clear and present danger to himself,

17 herself, or others. The physician, clinical psychologist,

18 or qualified examiner making the certification and his or

19 her employer shall not be held criminally, civilly, or

20 professionally liable for making or not making the

21 certification required under this subsection, except for

22 willful or wanton misconduct. This subsection does not

23 apply to a person whose firearm possession rights have

24 been restored through administrative or judicial action

25 under Section 10 or 11 of this Act.

26 Upon revocation of a person's Firearm Owner's

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1 Identification Card, the Illinois State Police shall provide

2 notice to the person and the person shall comply with Section

3 9.5 of this Act.

4 (Source: P.A. 101-80, eff. 7-12-19; 102-538, eff. 8-20-21;

5 102-645, eff. 1-1-22; 102-813, eff. 5-13-22; 102-1030, eff.

6 5-27-22.)

7 Section 15. The Firearms Restraining Order Act is amended

8 by changing Sections 40, 45, and 55 as follows:

9 (430 ILCS 67/40)

10 Sec. 40. Plenary ~~Six-month~~orders.

11 (a) A petitioner may request a ~~6-month~~ firearms

12 restraining order for up to one year by filing an affidavit or

13 verified pleading alleging that the respondent poses a

14 significant danger of causing personal injury to himself,

15 herself, or another in the near future by having in his or her

16 custody or control, purchasing, possessing, or receiving a

17 firearm, ammunition, and firearm parts that could be assembled

18 to make an operable firearm. The petition shall also describe

19 the number, types, and locations of any firearms, ammunition,

20 and firearm parts that could be assembled to make an operable

21 firearm presently believed by the petitioner to be possessed

22 or controlled by the respondent.The firearms restraining

23 order may be renewed for an additional period of up to one year

24 in accordance with Section 45 of this Act.

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1 (b) If the respondent is alleged to pose a significant

2 danger of causing personal injury to an intimate partner, or

3 an intimate partner is alleged to have been the target of a

4 threat or act of violence by the respondent, the petitioner

5 shall make a good faith effort to provide notice to any and all

6 intimate partners of the respondent. The notice must include

7 the duration of time that the petitioner intends to petition

8 the court for a ~~6-month~~ firearms restraining order, and, if

9 the petitioner is a law enforcement officer, referral to

10 relevant domestic violence or stalking advocacy or counseling

11 resources, if appropriate. The petitioner shall attest to

12 having provided the notice in the filed affidavit or verified

13 pleading. If, after making a good faith effort, the petitioner

14 is unable to provide notice to any or all intimate partners,

15 the affidavit or verified pleading should describe what

16 efforts were made.

17 (c) Every person who files a petition for a plenary

18 ~~6-month~~ firearms restraining order, knowing the information

19 provided to the court at any hearing or in the affidavit or

20 verified pleading to be false, is guilty of perjury under

21 Section 32-2 of the Criminal Code of 2012.

22 (d) Upon receipt of a petition for a plenary ~~6-month~~

23 firearms restraining order, the court shall order a hearing

24 within 30 days.

25 (e) In determining whether to issue a firearms restraining

26 order under this Section, the court shall consider evidence

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1 including, but not limited to, the following:

2 (1) The unlawful and reckless use, display, or

3 brandishing of a firearm, ammunition, and firearm parts

4 that could be assembled to make an operable firearm by the

5 respondent.

6 (2) The history of use, attempted use, or threatened

7 use of physical force by the respondent against another

8 person.

9 (3) Any prior arrest of the respondent for a felony

10 offense.

11 (4) Evidence of the abuse of controlled substances or

12 alcohol by the respondent.

13 (5) A recent threat of violence or act of violence by

14 the respondent directed toward himself, herself, or

15 another.

16 (6) A violation of an emergency order of protection

17 issued under Section 217 of the Illinois Domestic Violence

18 Act of 1986 or Section 112A-17 of the Code of Criminal

19 Procedure of 1963 or of an order of protection issued

20 under Section 214 of the Illinois Domestic Violence Act of

21 1986 or Section 112A-14 of the Code of Criminal Procedure

22 of 1963.

23 (7) A pattern of violent acts or violent threats,

24 including, but not limited to, threats of violence or acts

25 of violence by the respondent directed toward himself,

26 herself, or another.

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1 (f) At the hearing, the petitioner shall have the burden

2 of proving, by clear and convincing evidence, that the

3 respondent poses a significant danger of personal injury to

4 himself, herself, or another by having in his or her custody or

5 control, purchasing, possessing, or receiving a firearm,

6 ammunition, and firearm parts that could be assembled to make

7 an operable firearm.

8 (g) If the court finds that there is clear and convincing

9 evidence to issue a plenary firearms restraining order, the

10 court shall issue a firearms restraining order that shall be

11 in effect for up to one year, but not less than 6 months, ~~6~~

12 ~~months~~ subject to renewal under Section 45 of this Act or

13 termination under that Section.

14 (g-5) If the court issues a plenary ~~6-month~~ firearms

15 restraining order, it shall, upon a finding of probable cause

16 that the respondent possesses firearms, ammunition, and

17 firearm parts that could be assembled to make an operable

18 firearm, issue a search warrant directing a law enforcement

19 agency to seize the respondent's firearms, ammunition, and

20 firearm parts that could be assembled to make an operable

21 firearm. The court may, as part of that warrant, direct the law

22 enforcement agency to search the respondent's residence and

23 other places where the court finds there is probable cause to

24 believe he or she is likely to possess the firearms,

25 ammunition, and firearm parts that could be assembled to make

26 an operable firearm. A return of the search warrant shall be

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1 filed by the law enforcement agency within 4 days thereafter,

2 setting forth the time, date, and location that the search

3 warrant was executed and what items, if any, were seized.

4 (h) A plenary ~~6-month~~ firearms restraining order shall

5 require:

6 (1) the respondent to refrain from having in his or

7 her custody or control, purchasing, possessing, or

8 receiving additional firearms, ammunition, and firearm

9 parts that could be assembled to make an operable firearm

10 for the duration of the order under Section 8.2 of the

11 Firearm Owners Identification Card Act; and

12 (2) the respondent to comply with Section 9.5 of the

13 Firearm Owners Identification Card Act and subsection (g)

14 of Section 70 of the Firearm Concealed Carry Act.

15 (i) Except as otherwise provided in subsection (i-5) of

16 this Section, upon expiration of the period of safekeeping, if

17 the firearms, ammunition, and firearm parts that could be

18 assembled to make an operable firearm or Firearm Owner's

19 Identification Card cannot be returned to the respondent

20 because the respondent cannot be located, fails to respond to

21 requests to retrieve the firearms, ammunition, and firearm

22 parts that could be assembled to make an operable firearm, or

23 is not lawfully eligible to possess a firearm, ammunition, and

24 firearm parts that could be assembled to make an operable

25 firearm, upon petition from the local law enforcement agency,

26 the court may order the local law enforcement agency to

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1 destroy the firearms, ammunition, and firearm parts that could

2 be assembled to make an operable firearm, use the firearms,

3 ammunition, and firearm parts that could be assembled to make

4 an operable firearm for training purposes, or use the

5 firearms, ammunition, and firearm parts that could be

6 assembled to make an operable firearm for any other

7 application as deemed appropriate by the local law enforcement

8 agency.

9 (i-5) A respondent whose Firearm Owner's Identification

10 Card has been revoked or suspended may petition the court, if

11 the petitioner is present in court or has notice of the

12 respondent's petition, to transfer the respondent's firearm,

13 ammunition, and firearm parts that could be assembled to make

14 an operable firearm to a person who is lawfully able to possess

15 the firearm, ammunition, and firearm parts that could be

16 assembled to make an operable firearm if the person does not

17 reside at the same address as the respondent. Notice of the

18 petition shall be served upon the person protected by the

19 emergency firearms restraining order. While the order is in

20 effect, the transferee who receives the respondent's firearms,

21 ammunition, and firearm parts that could be assembled to make

22 an operable firearm must swear or affirm by affidavit that he

23 or she shall not transfer the firearm, ammunition, and firearm

24 parts that could be assembled to make an operable firearm to

25 the respondent or to anyone residing in the same residence as

26 the respondent.

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1 (i-6) If a person other than the respondent claims title

2 to any firearms, ammunition, and firearm parts that could be

3 assembled to make an operable firearm surrendered under this

4 Section, he or she may petition the court, if the petitioner is

5 present in court or has notice of the petition, to have the

6 firearm, ammunition, and firearm parts that could be assembled

7 to make an operable firearm returned to him or her. If the

8 court determines that person to be the lawful owner of the

9 firearm, ammunition, and firearm parts that could be assembled

10 to make an operable firearm, the firearm, ammunition, and

11 firearm parts that could be assembled to make an operable

12 firearm shall be returned to him or her, provided that:

13 (1) the firearm, ammunition, and firearm parts that

14 could be assembled to make an operable firearm are removed

15 from the respondent's custody, control, or possession and

16 the lawful owner agrees to store the firearm, ammunition,

17 and firearm parts that could be assembled to make an

18 operable firearm in a manner such that the respondent does

19 not have access to or control of the firearm, ammunition,

20 and firearm parts that could be assembled to make an

21 operable firearm; and

22 (2) the firearm, ammunition, and firearm parts that

23 could be assembled to make an operable firearm are not

24 otherwise unlawfully possessed by the owner.

25 The person petitioning for the return of his or her

26 firearm, ammunition, and firearm parts that could be assembled

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1 to make an operable firearm must swear or affirm by affidavit

2 that he or she: (i) is the lawful owner of the firearm,

3 ammunition, and firearm parts that could be assembled to make

4 an operable firearm; (ii) shall not transfer the firearm,

5 ammunition, and firearm parts that could be assembled to make

6 an operable firearm to the respondent; and (iii) will store

7 the firearm, ammunition, and firearm parts that could be

8 assembled to make an operable firearm in a manner that the

9 respondent does not have access to or control of the firearm,

10 ammunition, and firearm parts that could be assembled to make

11 an operable firearm.

12 (j) If the court does not issue a firearms restraining

13 order at the hearing, the court shall dissolve any emergency

14 firearms restraining order then in effect.

15 (k) When the court issues a firearms restraining order

16 under this Section, the court shall inform the respondent that

17 he or she is entitled to one hearing during the period of the

18 order to request a termination of the order, under Section 45

19 of this Act, and shall provide the respondent with a form to

20 request a hearing.

21 (Source: P.A. 101-81, eff. 7-12-19; 102-237, eff. 1-1-22;

22 102-345, eff. 6-1-22; 102-538, eff. 8-20-21; 102-813, eff.

23 5-13-22.)

24 (430 ILCS 67/45)

25 Sec. 45. Termination and renewal.

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1 (a) A person subject to a firearms restraining order

2 issued under this Act may submit one written request at any

3 time during the effective period of the order for a hearing to

4 terminate the order.

5 (1) The respondent shall have the burden of proving by

6 a preponderance of the evidence that the respondent does

7 not pose a danger of causing personal injury to himself,

8 herself, or another in the near future by having in his or

9 her custody or control, purchasing, possessing, or

10 receiving a firearm, ammunition, and firearm parts that

11 could be assembled to make an operable firearm.

12 (2) If the court finds after the hearing that the

13 respondent has met his or her burden, the court shall

14 terminate the order.

15 (b) A petitioner may request a renewal of a firearms

16 restraining order at any time within the 3 months before the

17 expiration of a firearms restraining order.

18 (1) A court shall, after notice and a hearing, renew a

19 firearms restraining order issued under this part if the

20 petitioner proves, by clear and convincing evidence, that

21 the respondent continues to pose a danger of causing

22 personal injury to himself, herself, or another in the

23 near future by having in his or her custody or control,

24 purchasing, possessing, or receiving a firearm,

25 ammunition, and firearm parts that could be assembled to

26 make an operable firearm.

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1 (2) In determining whether to renew a firearms

2 restraining order issued under this Act, the court shall

3 consider evidence of the facts identified in subsection

4 (e) of Section 40 of this Act and any other evidence of an

5 increased risk for violence.

6 (3) At the hearing, the petitioner shall have the

7 burden of proving by clear and convincing evidence that

8 the respondent continues to pose a danger of causing

9 personal injury to himself, herself, or another in the

10 near future by having in his or her custody or control,

11 purchasing, possessing, or receiving a firearm,

12 ammunition, and firearm parts that could be assembled to

13 make an operable firearm.

14 (4) The renewal of a firearms restraining order issued

15 under this Section shall be in effect for up to one year

16 and may be renewed for an additional period of up to one

17 year ~~6 months~~, subject to termination by further order of

18 the court at a hearing held under this Section and further

19 renewal by further order of the court under this Section.

20 (Source: P.A. 101-81, eff. 7-12-19; 102-345, eff. 6-1-22.)

21 (430 ILCS 67/55)

22 Sec. 55. Data maintenance by law enforcement agencies.

23 (a) All sheriffs shall furnish to the Illinois State

24 Police, daily, in the form and detail the Illinois State

25 Police ~~Department~~ requires, copies of any recorded firearms

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1 restraining orders issued by the court, and any foreign orders

2 of protection filed by the clerk of the court, and transmitted

3 to the sheriff by the clerk of the court under Section 50. Each

4 firearms restraining order shall be entered in the Law

5 Enforcement Agencies Data System (LEADS) on the same day it is

6 issued by the court. If an emergency firearms restraining

7 order was issued in accordance with Section 35 of this Act, the

8 order shall be entered in the Law Enforcement Agencies Data

9 System (LEADS) as soon as possible after receipt from the

10 clerk.

11 (b) The Illinois State Police shall maintain a complete

12 and systematic record and index of all valid and recorded

13 firearms restraining orders issued or filed under this Act.

14 The data shall be used to inform all dispatchers and law

15 enforcement officers at the scene of a violation of a firearms

16 restraining order of the effective dates and terms of any

17 recorded order of protection.

18 (c) The data, records, and transmittals required under

19 this Section shall pertain to any valid emergency or plenary

20 ~~6-month~~ firearms restraining order, whether issued in a civil

21 or criminal proceeding or authorized under the laws of another

22 state, tribe, or United States territory.

23 (Source: P.A. 101-81, eff. 7-12-19; 102-538, eff. 8-20-21.)

24 Section 25. The Criminal Code of 2012 is amended by

25 changing Section 24-1 and by adding Sections 24-1.9 and

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1 24-1.10 as follows:

2 (720 ILCS 5/24-1) (from Ch. 38, par. 24-1)

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

4 (a) A person commits the offense of unlawful use of

5 weapons when he knowingly:

6 (1) Sells, manufactures, purchases, possesses or

7 carries any bludgeon, black-jack, slung-shot, sand-club,

8 sand-bag, metal knuckles or other knuckle weapon

9 regardless of its composition, throwing star, or any

10 knife, commonly referred to as a switchblade knife, which

11 has a blade that opens automatically by hand pressure

12 applied to a button, spring or other device in the handle

13 of the knife, or a ballistic knife, which is a device that

14 propels a knifelike blade as a projectile by means of a

15 coil spring, elastic material or compressed gas; or

16 (2) Carries or possesses with intent to use the same

17 unlawfully against another, a dagger, dirk, billy,

18 dangerous knife, razor, stiletto, broken bottle or other

19 piece of glass, stun gun or taser or any other dangerous or

20 deadly weapon or instrument of like character; or

21 (2.5) Carries or possesses with intent to use the same

22 unlawfully against another, any firearm in a church,

23 synagogue, mosque, or other building, structure, or place

24 used for religious worship; or

25 (3) Carries on or about his person or in any vehicle, a

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1 tear gas gun projector or bomb or any object containing

2 noxious liquid gas or substance, other than an object

3 containing a non-lethal noxious liquid gas or substance

4 designed solely for personal defense carried by a person

5 18 years of age or older; or

6 (4) Carries or possesses in any vehicle or concealed

7 on or about his person except when on his land or in his

8 own abode, legal dwelling, or fixed place of business, or

9 on the land or in the legal dwelling of another person as

10 an invitee with that person's permission, any pistol,

11 revolver, stun gun or taser or other firearm, except that

12 this subsection (a) (4) does not apply to or affect

13 transportation of weapons that meet one of the following

14 conditions:

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

16 (ii) are not immediately accessible; or

17 (iii) are unloaded and enclosed in a case, firearm

18 carrying box, shipping box, or other container by a

19 person who has been issued a currently valid Firearm

20 Owner's Identification Card; or

21 (iv) are carried or possessed in accordance with

22 the Firearm Concealed Carry Act by a person who has

23 been issued a currently valid license under the

24 Firearm Concealed Carry Act; or

25 (5) Sets a spring gun; or

26 (6) Possesses any device or attachment of any kind

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1 designed, used or intended for use in silencing the report

2 of any firearm; or

3 (7) Sells, manufactures, purchases, possesses or

4 carries:

5 (i) a machine gun, which shall be defined for the

6 purposes of this subsection as any weapon, which

7 shoots, is designed to shoot, or can be readily

8 restored to shoot, automatically more than one shot

9 without manually reloading by a single function of the

10 trigger, including the frame or receiver of any such

11 weapon, or sells, manufactures, purchases, possesses,

12 or carries any combination of parts designed or

13 intended for use in converting any weapon into a

14 machine gun, or any combination or parts from which a

15 machine gun can be assembled if such parts are in the

16 possession or under the control of a person;

17 (ii) any rifle having one or more barrels less

18 than 16 inches in length or a shotgun having one or

19 more barrels less than 18 inches in length or any

20 weapon made from a rifle or shotgun, whether by

21 alteration, modification, or otherwise, if such a

22 weapon as modified has an overall length of less than

23 26 inches; or

24 (iii) any bomb, bomb-shell, grenade, bottle or

25 other container containing an explosive substance of

26 over one-quarter ounce for like purposes, such as, but

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1 not limited to, black powder bombs and Molotov

2 cocktails or artillery projectiles; or

3 (8) Carries or possesses any firearm, stun gun or

4 taser or other deadly weapon in any place which is

5 licensed to sell intoxicating beverages, or at any public

6 gathering held pursuant to a license issued by any

7 governmental body or any public gathering at which an

8 admission is charged, excluding a place where a showing,

9 demonstration or lecture involving the exhibition of

10 unloaded firearms is conducted.

11 This subsection (a)(8) does not apply to any auction

12 or raffle of a firearm held pursuant to a license or permit

13 issued by a governmental body, nor does it apply to

14 persons engaged in firearm safety training courses; or

15 (9) Carries or possesses in a vehicle or on or about

16 his or her person any pistol, revolver, stun gun or taser

17 or firearm or ballistic knife, when he or she is hooded,

18 robed or masked in such manner as to conceal his or her

19 identity; or

20 (10) Carries or possesses on or about his or her

21 person, upon any public street, alley, or other public

22 lands within the corporate limits of a city, village, or

23 incorporated town, except when an invitee thereon or

24 therein, for the purpose of the display of such weapon or

25 the lawful commerce in weapons, or except when on his land

26 or in his or her own abode, legal dwelling, or fixed place

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1 of business, or on the land or in the legal dwelling of

2 another person as an invitee with that person's

3 permission, any pistol, revolver, stun gun, or taser or

4 other firearm, except that this subsection (a) (10) does

5 not apply to or affect transportation of weapons that meet

6 one of the following conditions:

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

8 (ii) are not immediately accessible; or

9 (iii) are unloaded and enclosed in a case, firearm

10 carrying box, shipping box, or other container by a

11 person who has been issued a currently valid Firearm

12 Owner's Identification Card; or

13 (iv) are carried or possessed in accordance with

14 the Firearm Concealed Carry Act by a person who has

15 been issued a currently valid license under the

16 Firearm Concealed Carry Act.

17 A "stun gun or taser", as used in this paragraph (a)

18 means (i) any device which is powered by electrical

19 charging units, such as, batteries, and which fires one or

20 several barbs attached to a length of wire and which, upon

21 hitting a human, can send out a current capable of

22 disrupting the person's nervous system in such a manner as

23 to render him incapable of normal functioning or (ii) any

24 device which is powered by electrical charging units, such

25 as batteries, and which, upon contact with a human or

26 clothing worn by a human, can send out current capable of

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1 disrupting the person's nervous system in such a manner as

2 to render him incapable of normal functioning; or

3 (11) Sells, manufactures, delivers, imports,

4 possesses, or purchases any assault weapon attachment or

5 .50 caliber cartridge in violation of Section 24-1.9 or

6 anyexplosive bullet. For purposes of this paragraph (a)

7 "explosive bullet" means the projectile portion of an

8 ammunition cartridge which contains or carries an

9 explosive charge which will explode upon contact with the

10 flesh of a human or an animal. "Cartridge" means a tubular

11 metal case having a projectile affixed at the front

12 thereof and a cap or primer at the rear end thereof, with

13 the propellant contained in such tube between the

14 projectile and the cap; or

15 (12) (Blank); or

16 (13) Carries or possesses on or about his or her

17 person while in a building occupied by a unit of

18 government, a billy club, other weapon of like character,

19 or other instrument of like character intended for use as

20 a weapon. For the purposes of this Section, "billy club"

21 means a short stick or club commonly carried by police

22 officers which is either telescopic or constructed of a

23 solid piece of wood or other man-made material; or

24 (14) Manufactures, possesses, sells, or offers to

25 sell, purchase, manufacture, import, transfer, or use any

26 device, part, kit, tool, accessory, or combination of

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1 parts that is designed to and functions to increase the

2 rate of fire of a semiautomatic firearm above the standard

3 rate of fire for semiautomatic firearms that is not

4 equipped with that device, part, or combination of parts;

5 or

6 (15) Carries or possesses any assault weapon or .50

7 caliber rifle in violation of Section 24-1.9; or

8 (16) Manufactures, sells, delivers, imports, or

9 purchases any assault weapon or .50 caliber rifle in

10 violation of Section 24-1.9.

11 (b) Sentence. A person convicted of a violation of

12 subsection 24-1(a)(1) through (5), subsection 24-1(a)(10),

13 subsection 24-1(a)(11), ~~or~~ subsection 24-1(a)(13), or

14 24-1(a)(15)commits a Class A misdemeanor. A person convicted

15 of a violation of subsection 24-1(a)(8) or 24-1(a)(9) commits

16 a Class 4 felony; a person convicted of a violation of

17 subsection 24-1(a)(6), ~~or~~ 24-1(a)(7)(ii), 24-1(a)(7)(iii), or

18 24-1(a)(16) ~~or (iii)~~commits a Class 3 felony. A person

19 convicted of a violation of subsection 24-1(a)(7)(i) commits a

20 Class 2 felony and shall be sentenced to a term of imprisonment

21 of not less than 3 years and not more than 7 years, unless the

22 weapon is possessed in the passenger compartment of a motor

23 vehicle as defined in Section 1-146 of the Illinois Vehicle

24 Code, or on the person, while the weapon is loaded, in which

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

26 second or subsequent violation of subsection 24-1(a)(4),

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1 24-1(a)(8), 24-1(a)(9),~~or~~24-1(a)(10), or 24-1(a)(15)

2 commits a Class 3 felony. A person convicted of a violation of

3 subsection 24-1(a)(2.5) or 24-1(a)(14) commits a Class 2

4 felony. The possession of each weapon or device in violation

5 of this Section constitutes a single and separate violation.

6 (c) Violations in specific places.

7 (1) A person who violates subsection 24-1(a)(6) or

8 24-1(a)(7) in any school, regardless of the time of day or

9 the time of year, in residential property owned, operated

10 or managed by a public housing agency or leased by a public

11 housing agency as part of a scattered site or mixed-income

12 development, in a public park, in a courthouse, on the

13 real property comprising any school, regardless of the

14 time of day or the time of year, on residential property

15 owned, operated or managed by a public housing agency or

16 leased by a public housing agency as part of a scattered

17 site or mixed-income development, on the real property

18 comprising any public park, on the real property

19 comprising any courthouse, in any conveyance owned, leased

20 or contracted by a school to transport students to or from

21 school or a school related activity, in any conveyance

22 owned, leased, or contracted by a public transportation

23 agency, or on any public way within 1,000 feet of the real

24 property comprising any school, public park, courthouse,

25 public transportation facility, or residential property

26 owned, operated, or managed by a public housing agency or

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1 leased by a public housing agency as part of a scattered

2 site or mixed-income development commits a Class 2 felony

3 and shall be sentenced to a term of imprisonment of not

4 less than 3 years and not more than 7 years.

5 (1.5) A person who violates subsection 24-1(a)(4),

6 24-1(a)(9), or 24-1(a)(10) in any school, regardless of

7 the time of day or the time of year, in residential

8 property owned, operated, or managed by a public housing

9 agency or leased by a public housing agency as part of a

10 scattered site or mixed-income development, in a public

11 park, in a courthouse, on the real property comprising any

12 school, regardless of the time of day or the time of year,

13 on residential property owned, operated, or managed by a

14 public housing agency or leased by a public housing agency

15 as part of a scattered site or mixed-income development,

16 on the real property comprising any public park, on the

17 real property comprising any courthouse, in any conveyance

18 owned, leased, or contracted by a school to transport

19 students to or from school or a school related activity,

20 in any conveyance owned, leased, or contracted by a public

21 transportation agency, or on any public way within 1,000

22 feet of the real property comprising any school, public

23 park, courthouse, public transportation facility, or

24 residential property owned, operated, or managed by a

25 public housing agency or leased by a public housing agency

26 as part of a scattered site or mixed-income development

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1 commits a Class 3 felony.

2 (2) A person who violates subsection 24-1(a)(1),

3 24-1(a)(2), or 24-1(a)(3) in any school, regardless of the

4 time of day or the time of year, in residential property

5 owned, operated or managed by a public housing agency or

6 leased by a public housing agency as part of a scattered

7 site or mixed-income development, in a public park, in a

8 courthouse, on the real property comprising any school,

9 regardless of the time of day or the time of year, on

10 residential property owned, operated or managed by a

11 public housing agency or leased by a public housing agency

12 as part of a scattered site or mixed-income development,

13 on the real property comprising any public park, on the

14 real property comprising any courthouse, in any conveyance

15 owned, leased or contracted by a school to transport

16 students to or from school or a school related activity,

17 in any conveyance owned, leased, or contracted by a public

18 transportation agency, or on any public way within 1,000

19 feet of the real property comprising any school, public

20 park, courthouse, public transportation facility, or

21 residential property owned, operated, or managed by a

22 public housing agency or leased by a public housing agency

23 as part of a scattered site or mixed-income development

24 commits a Class 4 felony. "Courthouse" means any building

25 that is used by the Circuit, Appellate, or Supreme Court

26 of this State for the conduct of official business.

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LRB102 24372 RLC 42563 a

1 (3) Paragraphs (1), (1.5), and (2) of this subsection

2 (c) shall not apply to law enforcement officers or

3 security officers of such school, college, or university

4 or to students carrying or possessing firearms for use in

5 training courses, parades, hunting, target shooting on

6 school ranges, or otherwise with the consent of school

7 authorities and which firearms are transported unloaded

8 enclosed in a suitable case, box, or transportation

9 package.

10 (4) For the purposes of this subsection (c), "school"

11 means any public or private elementary or secondary

12 school, community college, college, or university.

13 (5) For the purposes of this subsection (c), "public

14 transportation agency" means a public or private agency

15 that provides for the transportation or conveyance of

16 persons by means available to the general public, except

17 for transportation by automobiles not used for conveyance

18 of the general public as passengers; and "public

19 transportation facility" means a terminal or other place

20 where one may obtain public transportation.

21 (d) The presence in an automobile other than a public

22 omnibus of any weapon, instrument or substance referred to in

23 subsection (a)(7) is prima facie evidence that it is in the

24 possession of, and is being carried by, all persons occupying

25 such automobile at the time such weapon, instrument or

26 substance is found, except under the following circumstances:

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1 (i) if such weapon, instrument or instrumentality is found

2 upon the person of one of the occupants therein; or (ii) if

3 such weapon, instrument or substance is found in an automobile

4 operated for hire by a duly licensed driver in the due, lawful

5 and proper pursuit of his or her trade, then such presumption

6 shall not apply to the driver.

7 (e) Exemptions.

8 (1) Crossbows, Common or Compound bows and Underwater

9 Spearguns are exempted from the definition of ballistic

10 knife as defined in paragraph (1) of subsection (a) of

11 this Section.

12 (2) The provision of paragraph (1) of subsection (a)

13 of this Section prohibiting the sale, manufacture,

14 purchase, possession, or carrying of any knife, commonly

15 referred to as a switchblade knife, which has a blade that

16 opens automatically by hand pressure applied to a button,

17 spring or other device in the handle of the knife, does not

18 apply to a person who possesses a currently valid Firearm

19 Owner's Identification Card previously issued in his or

20 her name by the Illinois State Police or to a person or an

21 entity engaged in the business of selling or manufacturing

22 switchblade knives.

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

24 (720 ILCS 5/24-1.9 new)

25 Sec. 24-1.9. Manufacture, possession, delivery, sale, and

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LRB102 24372 RLC 42563 a

1 purchase of assault weapons, .50 caliber rifles, and .50

2 caliber cartridges.

3 (a) Definitions. In this Section:

4 (1) "Assault weapon" means any of the following, except as

5 provided in subdivision (2) of this subsection:

6 (A) A semiautomatic rifle that has the capacity to

7 accept a detachable magazine or that may be readily

8 modified to accept a detachable magazine, if the firearm

9 has one or more of the following:

10 (i) a pistol grip or thumbhole stock;

11 (ii) any feature capable of functioning as a

12 protruding grip that can be held by the non-trigger

13 hand;

14 (iii) a folding, telescoping, thumbhole, or

15 detachable stock, or a stock that is otherwise

16 foldable or adjustable in a manner that operates to

17 reduce the length, size, or any other dimension, or

18 otherwise enhances the concealability of, the weapon;

19 (iv) a flash suppressor;

20 (v) a grenade launcher;

21 (vi) a shroud attached to the barrel or that

22 partially or completely encircles the barrel, allowing

23 the bearer to hold the firearm with the non-trigger

24 hand without being burned, but excluding a slide that

25 encloses the barrel.

26 (B) A semiautomatic rifle that has a fixed magazine

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LRB102 24372 RLC 42563 a

1 with the capacity to accept more than 10 rounds, except

2 for an attached tubular device designed to accept, and

3 capable of operating only with, .22 caliber rimfire

4 ammunition.

5 (C) A semiautomatic pistol that has the capacity to

6 accept a detachable magazine or that may be readily

7 modified to accept a detachable magazine, if the firearm

8 has one or more of the following:

9 (i) a threaded barrel;

10 (ii) a second pistol grip or another feature

11 capable of functioning as a protruding grip that can

12 be held by the non-trigger hand;

13 (iii) a shroud attached to the barrel or that

14 partially or completely encircles the barrel, allowing

15 the bearer to hold the firearm with the non-trigger

16 hand without being burned, but excluding a slide that

17 encloses the barrel;

18 (iv) a flash suppressor;

19 (v) the capacity to accept a detachable magazine

20 at some location outside of the pistol grip; or

21 (vi) a buffer tube, arm brace, or other part that

22 protrudes horizontally behind the pistol grip and is

23 designed or redesigned to allow or facilitate a

24 firearm to be fired from the shoulder.

25 (D) A semiautomatic pistol that has a fixed magazine

26 with the capacity to accept more than 15 rounds.

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LRB102 24372 RLC 42563 a

1 (E) Any shotgun with a revolving cylinder.

2 (F) A semiautomatic shotgun that has one or more of

3 the following:

4 (i) a pistol grip or thumbhole stock;

5 (ii) any feature capable of functioning as a

6 protruding grip that can be held by the non-trigger

7 hand;

8 (iii) a folding, telescoping, or thumbhole stock;

9 (iv) a grenade launcher;

10 (v) a fixed magazine with the capacity to accept

11 or may be readily modified to accept more than five

12 rounds; or

13 (vi) the capacity to accept a detachable magazine.

14 (G) Any semiautomatic firearm that has the capacity to

15 accept a belt ammunition feeding device.

16 (H) Any firearm that has been modified to be operable

17 as an assault weapon as defined in this Section.

18 (I) Any part or combination of parts designed or

19 intended to convert a firearm into an assault weapon,

20 including any combination of parts from which an assault

21 weapon may be readily assembled if those parts are in the

22 possession or under the control of the same person.

23 (J) All of the following rifles, copies, duplicates,

24 variants, or altered facsimiles with the capability of any

25 such weapon:

26 (i) All AK types, including the following:

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LRB102 24372 RLC 42563 a

1 (I) AK, AK47, AK47S, AK�74, AKM, AKS, ARM,

2 MAK90, MISR, NHM90, NHM91, SA85, SA93, Vector Arms

3 AK�47, VEPR, WASR�10, and WUM.

4 (II) IZHMASH Saiga AK.

5 (III) MAADI AK47 and ARM.

6 (IV) Norinco 56S, 56S2, 84S, and 86S.

7 (V) Poly Technologies AK47 and AKS.

8 (VI) SKS with a detachable magazine.

9 (ii) all AR types, including the following:

10 (I) AR�10.

11 (II) AR�15.

12 (III) Alexander Arms Overmatch Plus 16.

13 (IV) Armalite M15 22LR Carbine.

14 (V) Armalite M15�T.

15 (VI) Barrett REC7.

16 (VII) Beretta AR�70.

17 (VIII) Black Rain Ordnance Recon Scout.

18 (IX) Bushmaster ACR.

19 (X) Bushmaster Carbon 15.

20 (XI) Bushmaster MOE series.

21 (XII) Bushmaster XM15.

22 (XIII) Chiappa Firearms MFour rifles.

23 (XIV) Colt Match Target rifles.

24 (XV) CORE Rifle Systems CORE15 rifles.

25 (XVI) Daniel Defense M4A1 rifles.

26 (XVII) Devil Dog Arms 15 Series rifles.

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LRB102 24372 RLC 42563 a

1 (XVIII) Diamondback DB15 rifles.

2 (XIX) DoubleStar AR rifles.

3 (XX) DPMS Tactical rifles.

4 (XXI) DSA Inc. ZM�4 Carbine.

5 (XXII) Heckler & Koch MR556.

6 (XXIII) High Standard HSA�15 rifles.

7 (XXIV) Jesse James Nomad AR�15 rifle.

8 (XXV) Knight's Armament SR�15.

9 (XXVI) Lancer L15 rifles.

10 (XXVII) MGI Hydra Series rifles.

11 (XXVIII) Mossberg MMR Tactical rifles.

12 (XXIX) Noreen Firearms BN 36 rifle.

13 (XXX) Olympic Arms.

14 (XXXI) POF USA P415.

15 (XXXII) Precision Firearms AR rifles.

16 (XXXIII) Remington R�15 rifles.

17 (XXXIV) Rhino Arms AR rifles.

18 (XXXV) Rock River Arms LAR�15 or Rock River

19 Arms LAR�47.

20 (XXXVI) Sig Sauer SIG516 rifles and MCX

21 rifles.

22 (XXXVII) Smith & Wesson M&P15 rifles.

23 (XXXVIII) Stag Arms AR rifles.

24 (XXXIX) Sturm, Ruger & Co. SR556 and AR�556

25 rifles.

26 (XL) Uselton Arms Air-Lite M�4 rifles.

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LRB102 24372 RLC 42563 a

1 (XLI) Windham Weaponry AR rifles.

2 (XLII) WMD Guns Big Beast.

3 (XLIII) Yankee Hill Machine Company, Inc.

4 YHM�15 rifles.

5 (iii) Barrett M107A1.

6 (iv) Barrett M82A1.

7 (v) Beretta CX4 Storm.

8 (vi) Calico Liberty Series.

9 (vii) CETME Sporter.

10 (viii) Daewoo K�1, K�2, Max 1, Max 2, AR 100, and

11 AR 110C.

12 (ix) Fabrique Nationale/FN Herstal FAL, LAR, 22

13 FNC, 308 Match, L1A1 Sporter, PS90, SCAR, and FS2000.

14 (x) Feather Industries AT�9.

15 (xi) Galil Model AR and Model ARM.

16 (xii) Hi-Point Carbine.

17 (xiii) HK�91, HK�93, HK�94, HK�PSG�1, and HK USC.

18 (xiv) IWI TAVOR, Galil ACE rifle.

19 (xv) Kel-Tec Sub-2000, SU�16, and RFB.

20 (xvi) SIG AMT, SIG PE�57, Sig Sauer SG 550, Sig

21 Sauer SG 551, and SIG MCX.

22 (xvii) Springfield Armory SAR�48.

23 (xviii) Steyr AUG.

24 (xix) Sturm, Ruger & Co. Mini-14 Tactical Rifle

25 M�14/20CF.

26 (xx) All Thompson rifles, including the following:

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LRB102 24372 RLC 42563 a

1 (I) Thompson M1SB.

2 (II) Thompson T1100D.

3 (III) Thompson T150D.

4 (IV) Thompson T1B.

5 (V) Thompson T1B100D.

6 (VI) Thompson T1B50D.

7 (VII) Thompson T1BSB.

8 (VIII) Thompson T1�C.

9 (IX) Thompson T1D.

10 (X) Thompson T1SB.

11 (XI) Thompson T5.

12 (XII) Thompson T5100D.

13 (XIII) Thompson TM1.

14 (XIV) Thompson TM1C.

15 (xxi) UMAREX UZI rifle.

16 (xxii) UZI Mini Carbine, UZI Model A Carbine, and

17 UZI Model B Carbine.

18 (xxiii) Valmet M62S, M71S, and M78.

19 (xxiv) Vector Arms UZI Type.

20 (xxv) Weaver Arms Nighthawk.

21 (xxvi) Wilkinson Arms Linda Carbine.

22 (K) All of the following pistols, copies, duplicates,

23 variants, or altered facsimiles with the capability of any

24 such weapon thereof:

25 (i) All AK types, including the following:

26 (I) Centurion 39 AK pistol.

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LRB102 24372 RLC 42563 a

1 (II) CZ Scorpion pistol.

2 (III) Draco AK�47 pistol.

3 (IV) HCR AK�47 pistol.

4 (V) IO Inc. Hellpup AK�47 pistol.

5 (VI) Krinkov pistol.

6 (VII) Mini Draco AK�47 pistol.

7 (VIII) PAP M92 pistol.

8 (IX) Yugo Krebs Krink pistol.

9 (ii) All AR types, including the following:

10 (I) American Spirit AR�15 pistol.

11 (II) Bushmaster Carbon 15 pistol.

12 (III) Chiappa Firearms M4 Pistol GEN II.

13 (IV) CORE Rifle Systems CORE15 Roscoe pistol.

14 (V) Daniel Defense MK18 pistol.

15 (VI) DoubleStar Corporation AR pistol.

16 (VII) DPMS AR�15 pistol.

17 (VIII) Jesse James Nomad AR�15 pistol.

18 (IX) Olympic Arms AR�15 pistol.

19 (X) Osprey Armament MK�18 pistol.

20 (XI) POF USA AR pistols.

21 (XII) Rock River Arms LAR 15 pistol.

22 (XIII) Uselton Arms Air-Lite M�4 pistol.

23 (iii) Calico pistols.

24 (iv) DSA SA58 PKP FAL pistol.

25 (v) Encom MP�9 and MP�45.

26 (vi) Heckler & Koch model SP�89 pistol.

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LRB102 24372 RLC 42563 a

1 (vii) Intratec AB�10, TEC�22 Scorpion, TEC�9, and

2 TEC�DC9.

3 (viii) IWI Galil Ace pistol, UZI PRO pistol.

4 (ix) Kel-Tec PLR 16 pistol.

5 (x) All MAC types, including the following:

6 (I) MAC�10.

7 (II) MAC�11.

8 (III) Masterpiece Arms MPA A930 Mini Pistol,

9 MPA460 Pistol, MPA Tactical Pistol, and MPA Mini

10 Tactical Pistol.

11 (IV) Military Armament Corp. Ingram M�11.

12 (V) Velocity Arms VMAC.

13 (xi) Sig Sauer P556 pistol.

14 (xii) Sites Spectre.

15 (xiii) All Thompson types, including the

16 following:

17 (I) Thompson TA510D.

18 (II) Thompson TA5.

19 (xiv) All UZI types, including Micro-UZI.

20 (L) All of the following shotguns, copies, duplicates,

21 variants, or altered facsimiles with the capability of any

22 such weapon thereof:

23 (i) DERYA Anakon MC�1980, Anakon SD12.

24 (ii) Doruk Lethal shotguns.

25 (iii) Franchi LAW�12 and SPAS 12.

26 (iv) All IZHMASH Saiga 12 types, including the

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LRB102 24372 RLC 42563 a

1 following:

2 (I) IZHMASH Saiga 12.

3 (II) IZHMASH Saiga 12S.

4 (III) IZHMASH Saiga 12S EXP�01.

5 (IV) IZHMASH Saiga 12K.

6 (V) IZHMASH Saiga 12K�030.

7 (VI) IZHMASH Saiga 12K�040 Taktika.

8 (v) Streetsweeper.

9 (vi) Striker 12.

10 (2) "Assault weapon" does not include:

11 (A) Any firearm that is an unserviceable firearm or

12 has been made permanently inoperable.

13 (B) An antique firearm or a replica of an antique

14 firearm.

15 (C) A firearm that is manually operated by bolt, pump,

16 lever or slide action, unless the firearm is a shotgun

17 with a revolving cylinder.

18 (D) Any air rifle as defined in Section 24.8-0.1 of

19 this Code.

20 (E) Any handgun, as defined under the Firearm

21 Concealed Carry Act, unless otherwise listed in this

22 Section.

23 (3) "Assault weapon attachment" means any device capable

24 of being attached to a firearm that is specifically designed

25 for making or converting a firearm into any of the firearms

26 listed in paragraph (1) of this subsection (a).

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LRB102 24372 RLC 42563 a

1 (4) "Antique firearm" has the meaning ascribed to it in 18

2 U.S.C. 921(a)(16).

3 (5) ".50 caliber rifle" means a centerfire rifle capable

4 of firing a .50 caliber cartridge. The term does not include

5 any antique firearm, any shotgun including a shotgun that has

6 a rifle barrel, or any muzzle-loader which uses black powder

7 for hunting or historical reenactments.

8 (6) ".50 caliber cartridge" means a cartridge in .50 BMG

9 caliber, either by designation or actual measurement, that is

10 capable of being fired from a centerfire rifle. The term ".50

11 caliber cartridge" does not include any memorabilia or display

12 item that is filled with a permanent inert substance or that is

13 otherwise permanently altered in a manner that prevents ready

14 modification for use as live ammunition or shotgun ammunition

15 with a caliber measurement that is equal to or greater than .50

16 caliber.

17 (7) "Detachable magazine" means an ammunition feeding

18 device that may be removed from a firearm without disassembly

19 of the firearm action, including an ammunition feeding device

20 that may be readily removed from a firearm with the use of a

21 bullet, cartridge, accessory, or other tool, or any other

22 object that functions as a tool.

23 (8) "Fixed magazine" means an ammunition feeding device

24 that is permanently attached to a firearm, or contained in and

25 not removable from a firearm, or that is otherwise not a

26 detachable magazine, but does not include an attached tubular

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1 device designed to accept, and capable of operating only with,

2 .22 caliber rimfire ammunition.

3 (b) Except as provided in subsections (c), (d), and (e),

4 on or after the effective date of this amendatory Act of the

5 102nd General Assembly, it is unlawful for any person within

6 this State to knowingly manufacture, deliver, sell, import, or

7 purchase or cause to be manufactured, delivered, sold,

8 imported, or purchased by another, an assault weapon, assault

9 weapon attachment, .50 caliber rifle, or .50 caliber

10 cartridge.

11 (c) Except as otherwise provided in subsection (d),

12 beginning January 1, 2024, it is unlawful for any person

13 within this State to knowingly possess an assault weapon,

14 assault weapon attachment, .50 caliber rifle, or .50 caliber

15 cartridge.

16 (d) This Section does not apply to a person's possession

17 of an assault weapon, assault weapon attachment, .50 caliber

18 rifle, or .50 caliber cartridge device if the person lawfully

19 possessed that assault weapon, assault weapon attachment, .50

20 caliber rifle, or .50 caliber cartridge prohibited by

21 subsection (c) of this Section, if the person has provided in

22 an endorsement affidavit, prior to January 1, 2024, under oath

23 or affirmation and in the form and manner prescribed by the

24 Illinois State Police, no later than October 1, 2023:

25 (1) the affiant's Firearm Owner's Identification Card

26 number;

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1 (2) an affirmation that the affiant: (i) possessed an

2 assault weapon, assault weapon attachment, .50 caliber

3 rifle, or .50 caliber cartridge before the effective date

4 of this amendatory Act of the 102nd General Assembly; or

5 (ii) inherited the assault weapon, assault weapon

6 attachment, .50 caliber rifle, or .50 caliber cartridge

7 from a person with an endorsement under this Section or

8 from a person authorized under subdivisions (1) through

9 (5) of subsection (e) to possess the assault weapon,

10 assault weapon attachment, .50 caliber rifle, or .50

11 caliber cartridge; and

12 (3) the make, model, caliber, and serial number of the

13 .50 caliber rifle or assault weapon or assault weapons

14 listed in paragraphs (J), (K), and (L) of subdivision (1)

15 of subsection (a) of this Section possessed by the affiant

16 prior to the effective date of this amendatory Act of the

17 102nd General Assembly. No later than October 1, 2023, and

18 every October 1 thereafter, the Illinois State Police

19 shall, via rulemaking, identify, publish, and make

20 available on its website, the list of assault weapons

21 subject to an endorsement affidavit under this subsection

22 (d). The list shall identify, but is not limited to, the

23 copies, duplicates, variants, and altered facsimiles of

24 the assault weapons identified in paragraphs (J), (K), and

25 (L) of subdivision (1) of subsection (a) of this Section

26 and shall be consistent with the definition of "assault

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1 weapon" identified in this Section. The Illinois State

2 Police may adopt emergency rulemaking in accordance with

3 Section 5-45 of the Illinois Administrative Procedure Act.

4 The adoption of emergency rules authorized by Section 5-45

5 of the Illinois Administrative Procedure Act and this

6 paragraph is deemed to be necessary for the public

7 interest, safety, and welfare.

8 The affidavit form shall include the following statement

9 printed in bold type: "Warning: Entering false information on

10 this form is punishable as perjury under Section 32-2 of the

11 Criminal Code of 2012. Entering false information on this form

12 is a violation of the Firearm Owners Identification Card Act."

13 In any administrative, civil, or criminal proceeding in

14 this State, a completed endorsement affidavit submitted to the

15 Illinois State Police by a person under this Section creates a

16 rebuttable presumption that the person is entitled to possess

17 and transport the assault weapon, assault weapon attachment,

18 .50 caliber rifle, or .50 caliber cartridge.

19 Beginning 90 days after the effective date of this

20 amendatory Act of the 102nd General Assembly, a person

21 authorized under this Section to possess an assault weapon,

22 assault weapon attachment, .50 caliber rifle, or .50 caliber

23 cartridge shall possess such items only:

24 (1) on private property owned or immediately

25 controlled by the person;

26 (2) on private property that is not open to the public

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1 with the express permission of the person who owns or

2 immediately controls such property;

3 (3) while on the premises of a licensed firearms

4 dealer or gunsmith for the purpose of lawful repair;

5 (4) while engaged in the legal use of the assault

6 weapon, assault weapon attachment, .50 caliber rifle, or

7 .50 caliber cartridge at a properly licensed firing range

8 or sport shooting competition venue; or

9 (5) while traveling to or from these locations,

10 provided that the assault weapon, assault weapon

11 attachment, or .50 caliber rifle is unloaded and the

12 assault weapon, assault weapon attachment, .50 caliber

13 rifle, or .50 caliber cartridge is enclosed in a case,

14 firearm carrying box, shipping box, or other container.

15 Beginning on January 1, 2024, the person with the

16 endorsement for an assault weapon, assault weapon attachment,

17 .50 caliber rifle, or .50 caliber cartridge or a person

18 authorized under subdivisions (1) through (5) of subsection

19 (e) to possess an assault weapon, assault weapon attachment,

20 .50 caliber rifle, or .50 caliber cartridge may transfer the

21 assault weapon, assault weapon attachment, .50 caliber rifle,

22 or .50 caliber cartridge only to an heir, an individual

23 residing in another state maintaining it in another state, or

24 a dealer licensed as a federal firearms dealer under Section

25 923 of the federal Gun Control Act of 1968. Within 10 days

26 after transfer of the weapon except to an heir, the person

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1 shall notify the Illinois State Police of the name and address

2 of the transferee and comply with the requirements of

3 subsection (b) of Section 3 of the Firearm Owners

4 Identification Card Act. The person to whom the weapon or

5 ammunition is transferred shall, within 60 days of the

6 transfer, complete an affidavit required under this Section. A

7 person to whom the weapon is transferred may transfer it only

8 as provided in this subsection.

9 Except as provided in subsection (e) and beginning on

10 January 1, 2024, any person who moves into this State in

11 possession of an assault weapon, assault weapon attachment,

12 .50 caliber rifle, or .50 caliber cartridge shall, within 60

13 days, apply for a Firearm Owners Identification Card and

14 complete an endorsement application as outlined in subsection

15 (d).

16 Notwithstanding any other law, information contained in

17 the endorsement affidavit shall be confidential and shall not

18 be disclosed, except to law enforcement agencies acting in the

19 performance of their duties.

20 (e) The provisions of this Section regarding the purchase

21 or possession of assault weapons, assault weapon attachments,

22 .50 caliber rifles, and .50 cartridges, as well as the

23 provisions of this Section that prohibit causing those items

24 to be purchased or possessed, do not apply to:

25 (1) Peace officers, as defined in Section 2-13 of this

26 Code.

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1 (2) Qualified law enforcement officers and qualified

2 retired law enforcement officers as defined in the Law

3 Enforcement Officers Safety Act of 2004 (18 USC Sections

4 926B and 926C) and as recognized under Illinois law.

5 (3) Acquisition and possession by a federal, State, or

6 local law enforcement agency for the purpose of equipping

7 the agency's peace officers as defined in paragraph (1) or

8 (2) of this subsection (e).

9 (4) 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 (5) 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 (6) 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 The provisions of this Section do not apply to the

2 manufacture, delivery, sale, import, purchase, or possession

3 of an assault weapon, assault weapon attachment, .50 caliber

4 rifle, or .50 caliber cartridge or causing the manufacture,

5 delivery, sale, importation, purchase, or possession of those

6 items:

7 (A) for sale or transfer to persons authorized under

8 subdivisions (1) through (6) of this subsection (e) to

9 possess those items;

10 (B) for sale or transfer to the United States or any

11 department or agency thereof; or

12 (C) for sale or transfer in another state or for

13 export.

14 This Section does not apply to or affect any of the

15 following:

16 (i) Possession of any firearm if that firearm is

17 sanctioned by the International Olympic Committee and by

18 USA Shooting, the national governing body for

19 international shooting competition in the United States,

20 but only when the firearm is in the actual possession of an

21 Olympic target shooting competitor or target shooting

22 coach for the purpose of storage, transporting to and from

23 Olympic target shooting practice or events if the firearm

24 is broken down in a nonfunctioning state, is not

25 immediately accessible, or is unloaded and enclosed in a

26 firearm case, carrying box, shipping box, or other similar

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1 portable container designed for the safe transportation of

2 firearms, and when the Olympic target shooting competitor

3 or target shooting coach is engaging in those practices or

4 events. For the purposes of this paragraph (8), "firearm"

5 has the meaning provided in Section 1.1 of the Firearm

6 Owners Identification Card Act.

7 (ii) Any nonresident who transports, within 24 hours,

8 a weapon for any lawful purpose from any place where the

9 nonresident may lawfully possess and carry that weapon to

10 any other place where the nonresident may lawfully possess

11 and carry that weapon if, during the transportation, the

12 weapon is unloaded, and neither the weapon nor any

13 ammunition being transported is readily accessible or is

14 directly accessible from the passenger compartment of the

15 transporting vehicle. In the case of a vehicle without a

16 compartment separate from the driver's compartment, the

17 weapon or ammunition shall be contained in a locked

18 container other than the glove compartment or console.

19 (iii) Possession of a weapon at an event taking place

20 at the World Shooting and Recreational Complex at Sparta,

21 only while engaged in the legal use of the weapon, or while

22 traveling to or from that location if the weapon is broken

23 down in a nonfunctioning state, is not immediately

24 accessible, or is unloaded and enclosed in a firearm case,

25 carrying box, shipping box, or other similar portable

26 container designed for the safe transportation of

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1 firearms.

2 (iv) Possession of a weapon only for hunting use

3 expressly permitted under the Wildlife Code, or while

4 traveling to or from a location authorized for this

5 hunting use under the Wildlife Code if the weapon is

6 broken down in a nonfunctioning state, is not immediately

7 accessible, or is unloaded and enclosed in a firearm case,

8 carrying box, shipping box, or other similar portable

9 container designed for the safe transportation of

10 firearms.

11 (v) The manufacture, transportation, possession, sale,

12 or rental of blank-firing assault weapons and .50 caliber

13 rifles, or the weapon's respective attachments, to persons

14 authorized or permitted, or both authorized and permitted,

15 to acquire and possess these weapons or attachments for

16 the purpose of rental for use solely as props for a motion

17 picture, television, or video production or entertainment

18 event.

19 Any person not subject to this Section may submit an

20 endorsement affidavit if the person chooses.

21 (f) Any sale or transfer with a background check initiated

22 to the Illinois State Police on or before the effective date of

23 this amendatory Act of the 102nd General Assembly is allowed

24 to be completed after the effective date of this amendatory

25 Act once an approval is issued by the Illinois State Police and

26 any applicable waiting period under Section 24-3 has expired.

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1 (g) The Illinois State Police shall take all steps

2 necessary to carry out the requirements of this Section within

3 by October 1, 2023.

4 (720 ILCS 5/24-1.10 new)

5 Sec. 24-1.10. Manufacture, delivery, sale, and possession

6 of large capacity ammunition feeding devices.

7 (a) In this Section:

8 "Handgun" has the meaning ascribed to it in the Firearm

9 Concealed Carry Act.

10 "Long gun" means a rifle or shotgun.

11 "Large capacity ammunition feeding device" means:

12 (1) a magazine, belt, drum, feed strip, or similar

13 device that has a capacity of, or that can be readily

14 restored or converted to accept, more than 10 rounds of

15 ammunition for long guns and more than 15 rounds of

16 ammunition for handguns; or

17 (2) any combination of parts from which a device

18 described in paragraph (1) can be assembled.

19 "Large capacity ammunition feeding device" does not

20 include an attached tubular device designed to accept, and

21 capable of operating only with, .22 caliber rimfire

22 ammunition. "Large capacity ammunition feeding device" does

23 not include a tubular magazine that is contained in a

24 lever-action firearm or any device that has been made

25 permanently inoperable.

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1 (b) Except as provided in subsections (d) and (e), it is

2 unlawful for any person within this State to knowingly

3 manufacture, deliver, sell, purchase, or cause to be

4 manufactured, delivered, sold, or purchased a large capacity

5 ammunition feeding device.

6 (c) Except as provided in subsections (d) and (e), and

7 beginning 90 days after the effective date of this amendatory

8 Act of the 102nd General Assembly, it is unlawful to knowingly

9 possess a large capacity ammunition feeding device.

10 (d) Subsection (b) does not apply to a person's possession

11 of a large capacity ammunition feeding device if the person

12 lawfully possessed that large capacity ammunition feeding

13 device before the effective date of this amendatory Act of the

14 102nd General Assembly, provided that the person shall possess

15 such device only:

16 (1) on private property owned or immediately

17 controlled by the person;

18 (2) on private property that is not open to the public

19 with the express permission of the person who owns or

20 immediately controls such property;

21 (3) while on the premises of a licensed firearms

22 dealer or gunsmith for the purpose of lawful repair;

23 (4) while engaged in the legal use of the large

24 capacity ammunition feeding device at a properly licensed

25 firing range or sport shooting competition venue; or

26 (5) while traveling to or from these locations,

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1 provided that the large capacity ammunition feeding device

2 is stored unloaded and enclosed in a case, firearm

3 carrying box, shipping box, or other container.

4 A person authorized under this Section to possess a large

5 capacity ammunition feeding device may transfer the large

6 capacity ammunition feeding device only to an heir, an

7 individual residing in another state maintaining it in another

8 state, or a dealer licensed as a federal firearms dealer under

9 Section 923 of the federal Gun Control Act of 1968. Within 10

10 days after transfer of the large capacity ammunition feeding

11 device except to an heir, the person shall notify the Illinois

12 State Police of the name and address of the transferee and

13 comply with the requirements of subsection (b) of Section 3 of

14 the Firearm Owners Identification Card Act. The person to whom

15 the large capacity ammunition feeding device is transferred

16 shall, within 60 days of the transfer, notify the Illinois

17 State Police of the person's acquisition and comply with the

18 requirements of subsection (b) of Section 3 of the Firearm

19 Owners Identification Card Act. A person to whom the large

20 capacity ammunition feeding device is transferred may transfer

21 it only as provided in this subsection.

22 Except as provided in subsection (d) and beginning 90 days

23 after the effective date of this amendatory Act of the 102nd

24 General Assembly, any person who moves into this State in

25 possession of a large capacity ammunition feeding device

26 shall, within 60 days, apply for a Firearm Owners

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1 Identification Card.

2 (d) The provisions of this Section regarding the purchase

3 or possession of large capacity ammunition feeding devices, as

4 well as the provisions of this Section that prohibit causing

5 those items to be purchased or possessed, do not apply to:

6 (1) Peace officers as defined in Section 2-13 of this

7 Code.

8 (2) Qualified law enforcement officers and qualified

9 retired law enforcement officers as defined in the Law

10 Enforcement Officers Safety Act of 2004 (18 USC Sections

11 926B and 926C) and as recognized under Illinois law.

12 (3) A federal, State, or local law enforcement agency

13 for the purpose of equipping the agency's peace officers

14 as defined in paragraph (1) or (2) of this subsection (d).

15 (4) 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 (5) 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 (6) 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 (e) This Section does not apply to or affect any of the

8 following:

9 (1) Manufacture, delivery, sale, importation,

10 purchase, or possession or causing to be manufactured,

11 delivered, sold, imported, purchased, or possessed a large

12 capacity ammunition feeding device:

13 (A) for sale or transfer to persons authorized

14 under subdivisions (1) through (5) of subsection (d)

15 to possess those items;

16 (B) for sale or transfer to the United States or

17 any department or agency thereof; or

18 (C) for sale or transfer in another state or for

19 export.

20 (2) Sale or rental of large capacity ammunition

21 feeding devices for blank-firing assault weapons and .50

22 caliber rifles, to persons authorized or permitted, or

23 both authorized and permitted, to acquire these devices

24 for the purpose of rental for use solely as props for a

25 motion picture, television, or video production or

26 entertainment event.

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1 (f) Sentence. A person who knowingly manufactures,

2 delivers, sells, purchases, or causes to be manufactured,

3 delivered, sold, or purchased in violation of this Section a

4 large capacity ammunition feeding device capable of holding

5 more than 10 rounds of ammunition for long guns or more than 15

6 rounds of ammunition for handguns commits a petty offense with

7 a fine of $1,000 for each violation.

8 Section 95. No acceleration or delay. Where this Act makes

9 changes in a statute that is represented in this Act by text

10 that is not yet or no longer in effect (for example, a Section

11 represented by multiple versions), the use of that text does

12 not accelerate or delay the taking effect of (i) the changes

13 made by this Act or (ii) provisions derived from any other

14 Public Act.

15 Section 97. Severability. The provisions of this Act are

16 severable under Section 1.31 of the Statute on Statutes.

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

18 becoming law.".