103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5595

Introduced , by Rep. Kevin John Olickal

SYNOPSIS AS INTRODUCED:

See Index

Amends the Firearm Owners Identification Card Act. Provides that the Internet-based system for determining the validity of a Firearm Owner's Identification Card shall include a written notice, in both English and Spanish, of a firearm owner's obligation to report to local law enforcement any lost or stolen firearm within 48 hours after the owner first discovers the loss or theft. Provides that within one year after the effective date of the amendatory Act, the Illinois State Police shall create an electronic portal into which law enforcement and prosecutors shall report individuals who have failed to report the loss or theft of a firearm. Provides that upon the issuance and each renewal of a Firearm Owner's Identification Card, the Illinois State Police shall advise the applicant or holder in writing, in both English and Spanish, of his or her obligation to report to local law enforcement any lost or stolen firearm within 48 hours after he or she first discovers the loss or theft. Provides that the Illinois State Police has authority to deny an application for or to revoke and seize a Firearm Owner's Identification Card previously issued under the Act if a card holder fails to report a loss or theft of a firearm within 48 hours of the discovery of such loss or theft to local law enforcement. Amends the Criminal Code of 2012. Provides that if a person who possesses a valid Firearm Owner's Identification Card and who possesses or acquires a firearm thereafter loses the firearm, or if the firearm is stolen from the person, the person must report the loss or theft of any such firearm to the local law enforcement agency within 48 (rather than 72) hours after obtaining knowledge of the loss or theft. Increases the penalty for failure to report a lost or stolen firearm to the local law enforcement agency from a petty offense to a Class A misdemeanor for a first offense and from a Class A misdemeanor to a Class 4 felony for a second or subsequent offense. Changes the elements of the offenses of firearms trafficking, possession of a stolen firearm, and aggravated possession of a stolen firearm. Amends the Firearm Concealed Carry Act and the Firearm Dealer License Certification Act to make conforming changes.

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A BILL FOR

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1 AN ACT concerning safety.

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

3 represented in the General Assembly:

4 Section 5. The Firearm Owners Identification Card Act is

5 amended by changing Sections 3, 8, and 8.1 and by adding

6 Section 7.10 as follows:

7 (430 ILCS 65/3) (from Ch. 38, par. 83-3)

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

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

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

11 this State unless the transferee with whom he deals displays

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

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

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

15 a currently valid license to carry a concealed firearm which

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

17 State Police under the Firearm Concealed Carry Act. In

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

19 federally licensed firearm dealers are subject to Section 3.1.

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

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

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

23 transferring the firearm, request the Illinois State Police to

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1 conduct a background check on the prospective recipient of the

2 firearm in accordance with Section 3.1.

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

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

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

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

7 dealer shall, before selling or transferring the firearms,

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

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

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

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

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

13 Firearm Owner's Identification Card under State and federal

14 law, including the National Instant Criminal Background Check

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

16 2023. Until that date the transferor shall contact the

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

18 Firearm Owner's Identification Card number to determine the

19 validity of the card. The Illinois State Police may adopt

20 rules concerning the implementation of this subsection. The

21 Illinois State Police shall provide the seller or transferor

22 an approval number if the purchaser's Firearm Owner's

23 Identification Card is valid. Approvals issued by the Illinois

24 State Police for the purchase of a firearm pursuant to this

25 subsection are valid for 30 days from the date of issue.

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

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1 do not apply to:

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

3 federally licensed firearm dealer, if the federally

4 licensed firearm dealer conducts a background check on the

5 prospective recipient of the firearm in accordance with

6 Section 3.1 of this Act and follows all other applicable

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

8 seller or transferor of the firearm, although the dealer

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

10 inventory. The purchaser or transferee may be required by

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

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

13 compensation for performing the functions required under

14 this paragraph, plus the applicable fees authorized by

15 Section 3.1;

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

17 husband, wife, son, daughter, stepson, stepdaughter,

18 father, mother, stepfather, stepmother, brother, sister,

19 nephew, niece, uncle, aunt, grandfather, grandmother,

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

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

22 (3) transfers by persons acting pursuant to operation

23 of law or a court order;

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

25 subsection (a-5) of this Section;

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

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

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

3 by a gunsmith to a federally licensed firearms dealer for

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

5 gunsmith;

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

7 of the unlicensed transferee, if the unlicensed transferee

8 is not otherwise prohibited from possessing firearms and

9 the unlicensed transferee reasonably believes that

10 possession of the firearm is necessary to prevent imminent

11 death or great bodily harm to the unlicensed transferee;

12 (7) transfers to a law enforcement or corrections

13 agency or a law enforcement or corrections officer acting

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

15 (8) transfers of firearms that have been rendered

16 permanently inoperable to a nonprofit historical society,

17 museum, or institutional collection; and

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

19 requirement of possessing a Firearm Owner's Identification

20 Card under Section 2 of this Act.

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

22 Internet-based system for individuals to determine the

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

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

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

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

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1 rules not inconsistent with this Section to implement this

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

3 retain records in contravention of State and federal law. The

4 Internet-based system shall include a written notice, in both

5 English and Spanish, of a firearm owner's obligation to report

6 to local law enforcement any lost or stolen firearm within 48

7 hours after the owner first discovers the loss or theft.

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

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

10 serial numbers of firearms that have been reported stolen are

11 available for public access for individuals to ensure any

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

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

14 shall have the Internet-based system completed and available

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

16 rules not inconsistent with this Section to implement this

17 system.

18 (a-30) Within one year after the effective date of this

19 amendatory Act of the 103rd General Assembly, the Illinois

20 State Police shall create an electronic portal into which law

21 enforcement and prosecutors shall report individuals who have

22 failed to report the loss or theft of a firearm pursuant to

23 Section 24-4.1 of the Criminal Code of 2012.

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

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

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

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

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

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

4 transfer to a federally licensed firearm dealer and shall not

5 be required to maintain a transfer record. The federally

6 licensed firearm dealer shall maintain the transfer record for

7 20 years from the date of receipt. A federally licensed

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

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

10 an electronic or paper format. The federally licensed firearm

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

12 in the transfer record submitted pursuant to this Section.

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

14 description, serial number or other information identifying

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

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

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

18 number and any approval number or documentation provided by

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

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

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

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

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

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

25 inspection such record of transfer. For any transfer pursuant

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

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1 officer, such transferee shall identify the federally licensed

2 firearm dealer maintaining the transfer record. If the

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

4 include the unique identification number. Failure to record

5 the unique identification number or approval number is a petty

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

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

8 100-1178), failure by the private seller to maintain the

9 transfer records in accordance with this Section, or failure

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

11 identify the federally licensed firearm dealer maintaining the

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

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

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

15 offense was committed after conviction of the first offense.

16 Whenever any person who has not previously been convicted of

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

18 supervision pursuant to and consistent with the limitations of

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

20 or transferor shall not be criminally liable under this

21 Section provided that he or she provides the Illinois State

22 Police with the transfer records in accordance with procedures

23 established by the Illinois State Police. The Illinois State

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

25 website.

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

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

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

3 to ship ammunition. Any resident purchasing ammunition within

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

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

6 or valid concealed carry license and either his or her

7 Illinois driver's license or Illinois State Identification

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

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

10 documents.

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

12 of firearm ammunition shall not apply to those persons

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

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

15 102-813, eff. 5-13-22; 102-1116, eff. 1-10-23.)

16 (430 ILCS 65/7.10 new)

17 Sec. 7.10. Notice of obligation to report lost or stolen

18 firearm. Upon the issuance and each renewal of a Firearm

19 Owner's Identification Card, the Illinois State Police shall

20 advise the applicant or holder in writing, in both English and

21 Spanish, of his or her obligation to report to local law

22 enforcement any lost or stolen firearm within 48 hours after

23 he or she first discovers the loss or theft.

24 (430 ILCS 65/8) (from Ch. 38, par. 83-8)

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

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

3 revoke and seize a Firearm Owner's Identification Card

4 previously issued under this Act only if the Illinois State

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

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

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

8 convicted of a misdemeanor other than a traffic offense or

9 adjudged delinquent;

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

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

12 101-80). A person under 21 years of age who does not have

13 the written consent of his parent or guardian to acquire

14 and possess firearms and firearm ammunition, or whose

15 parent or guardian has revoked such written consent, or

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

17 Firearm Owner's Identification Card;

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

19 181st day following July 12, 2019 (the effective date of

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

21 not an active duty member of the United States Armed

22 Forces or the Illinois National Guard and does not have

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

24 acquire and possess firearms and firearm ammunition, or

25 whose parent or guardian has revoked such written consent,

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

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1 Firearm Owner's Identification Card;

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

3 this or any other jurisdiction;

4 (d) A person addicted to narcotics;

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

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

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

8 who has not received the certification required under

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

10 officer employed by a unit of government or a Department

11 of Corrections employee authorized to possess firearms who

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

13 Identification Card seized under this subsection (e) may

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

15 10 of this Act if the officer or employee did not act in a

16 manner threatening to the officer or employee, another

17 person, or the public as determined by the treating

18 clinical psychologist or physician, and the officer or

19 employee seeks mental health treatment;

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

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

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

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

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

25 in the Firearm Owner's Identification Card application or

26 endorsement affidavit;

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

2 United States under the laws of the United States;

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

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

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

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

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

8 lawfully admitted to the United States under a

9 non-immigrant visa if that noncitizen is:

10 (1) admitted to the United States for lawful

11 hunting or sporting purposes;

12 (2) an official representative of a foreign

13 government who is:

14 (A) accredited to the United States Government

15 or the Government's mission to an international

16 organization having its headquarters in the United

17 States; or

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

19 which that noncitizen is accredited;

20 (3) an official of a foreign government or

21 distinguished foreign visitor who has been so

22 designated by the Department of State;

23 (4) a foreign law enforcement officer of a

24 friendly foreign government entering the United States

25 on official business; or

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

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1 Attorney General of the United States pursuant to 18

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

3 (j) (Blank);

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

5 years of battery, assault, aggravated assault, violation

6 of an order of protection, or a substantially similar

7 offense in another jurisdiction, in which a firearm was

8 used or possessed;

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

10 battery, aggravated domestic battery, or a substantially

11 similar offense in another jurisdiction committed before,

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

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

14 previously issued a Firearm Owner's Identification Card

15 under this Act knowingly and intelligently waives the

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

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

18 in a conviction for an offense in which a domestic

19 relationship is not a required element of the offense but

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

21 922(g)(9) is made under Section 112A-11.1 of the Code of

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

23 judgment of conviction for that offense shall be grounds

24 for denying an application for and for revoking and

25 seizing a Firearm Owner's Identification Card previously

26 issued to the person under this Act;

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1 (m) (Blank);

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

3 possessing firearms or firearm ammunition by any Illinois

4 State statute or by federal law;

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

6 5-520 of the Juvenile Court Act of 1987 alleging that the

7 minor is a delinquent minor for the commission of an

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

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

10 minor under the Juvenile Court Act of 1987 for the

11 commission of an offense that if committed by an adult

12 would be a felony;

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

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

15 Section 4;

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

17 a mental disability;

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

19 developmental disability;

20 (t) A person involuntarily admitted into a mental

21 health facility; ~~or~~

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

23 Identification Card revoked or denied under subsection (e)

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

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

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

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

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

3 5-year period has lapsed, unless he or she has received a

4 mental health evaluation by a physician, clinical

5 psychologist, or qualified examiner as those terms are

6 defined in the Mental Health and Developmental

7 Disabilities Code, and has received a certification that

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

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

10 or qualified examiner making the certification and his or

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

12 professionally liable for making or not making the

13 certification required under this subsection, except for

14 willful or wanton misconduct. This subsection does not

15 apply to a person whose firearm possession rights have

16 been restored through administrative or judicial action

17 under Section 10 or 11 of this Act; or

18 (v) A person who fails to report a loss or theft of a

19 firearm within 48 hours of the discovery of such loss or

20 theft to local law enforcement as required under

21 subsection (a) of Section 24-4.1 of the Criminal Code of

22 2012.

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

24 Identification Card, the Illinois State Police shall provide

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

26 9.5 of this Act.

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

2 102-645, eff. 1-1-22; 102-813, eff. 5-13-22; 102-1030, eff.

3 5-27-22; 102-1116, eff. 1-10-23.)

4 (430 ILCS 65/8.1) (from Ch. 38, par. 83-8.1)

5 Sec. 8.1. Notifications to the Illinois State Police.

6 (a) The Circuit Clerk shall, in the form and manner

7 required by the Supreme Court, notify the Illinois State

8 Police of all final dispositions of cases for which the

9 Department has received information reported to it under

10 Sections 2.1 and 2.2 of the Criminal Identification Act.

11 (b) Upon adjudication of any individual as a person with a

12 mental disability as defined in Section 1.1 of this Act or a

13 finding that a person has been involuntarily admitted, the

14 court shall direct the circuit court clerk to immediately

15 notify the Illinois State Police, Firearm Owner's

16 Identification (FOID) department, and shall forward a copy of

17 the court order to the Department.

18 (b-1) Beginning July 1, 2016, and each July 1 and December

19 30 of every year thereafter, the circuit court clerk shall, in

20 the form and manner prescribed by the Illinois State Police,

21 notify the Illinois State Police, Firearm Owner's

22 Identification (FOID) department if the court has not directed

23 the circuit court clerk to notify the Illinois State Police,

24 Firearm Owner's Identification (FOID) department under

25 subsection (b) of this Section, within the preceding 6 months,

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1 because no person has been adjudicated as a person with a

2 mental disability by the court as defined in Section 1.1 of

3 this Act or if no person has been involuntarily admitted. The

4 Supreme Court may adopt any orders or rules necessary to

5 identify the persons who shall be reported to the Illinois

6 State Police under subsection (b), or any other orders or

7 rules necessary to implement the requirements of this Act.

8 (c) The Department of Human Services shall, in the form

9 and manner prescribed by the Illinois State Police, report all

10 information collected under subsection (b) of Section 12 of

11 the Mental Health and Developmental Disabilities

12 Confidentiality Act for the purpose of determining whether a

13 person who may be or may have been a patient in a mental health

14 facility is disqualified under State or federal law from

15 receiving or retaining a Firearm Owner's Identification Card,

16 or purchasing a weapon.

17 (d) If a person is determined to pose a clear and present

18 danger to himself, herself, or to others:

19 (1) by a physician, clinical psychologist, or

20 qualified examiner, or is determined to have a

21 developmental disability by a physician, clinical

22 psychologist, or qualified examiner, whether employed by

23 the State or privately, then the physician, clinical

24 psychologist, or qualified examiner shall, within 24 hours

25 of making the determination, notify the Department of

26 Human Services that the person poses a clear and present

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1 danger or has a developmental disability; or

2 (2) by a law enforcement official or school

3 administrator, then the law enforcement official or school

4 administrator shall, within 24 hours of making the

5 determination, notify the Illinois State Police that the

6 person poses a clear and present danger.

7 The Department of Human Services shall immediately update

8 its records and information relating to mental health and

9 developmental disabilities, and if appropriate, shall notify

10 the Illinois State Police in a form and manner prescribed by

11 the Illinois State Police. The Illinois State Police shall

12 determine whether to revoke the person's Firearm Owner's

13 Identification Card under Section 8 of this Act. Any

14 information disclosed under this subsection shall remain

15 privileged and confidential, and shall not be redisclosed,

16 except as required under subsection (e) of Section 3.1 of this

17 Act, nor used for any other purpose. The method of providing

18 this information shall guarantee that the information is not

19 released beyond what is necessary for the purpose of this

20 Section and shall be provided by rule by the Department of

21 Human Services. The identity of the person reporting under

22 this Section shall not be disclosed to the subject of the

23 report. The physician, clinical psychologist, qualified

24 examiner, law enforcement official, or school administrator

25 making the determination and his or her employer shall not be

26 held criminally, civilly, or professionally liable for making

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1 or not making the notification required under this subsection,

2 except for willful or wanton misconduct.

3 (d-5) If a law enforcement official determines that a

4 person has failed to report a lost or stolen firearm as

5 required by Section 24-4.1 of the Criminal Code of 2012, then

6 the law enforcement official shall, within 24 hours of making

7 that determination, notify the Illinois State Police that the

8 person has failed to report a lost or stolen firearm. The law

9 enforcement official shall notify the Illinois State Police in

10 a form and manner prescribed by the Illinois State Police. The

11 Illinois State Police shall determine whether to revoke the

12 person's Firearm Owner's Identification Card under Section 8

13 of this Act. Any information disclosed under this subsection

14 shall remain privileged and confidential, and shall not be

15 redisclosed, except as required under subsection (e) of

16 Section 3.1 of this Act, nor used for any other purpose.

17 (e) The Illinois State Police shall adopt rules to

18 implement this Section.

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

20 Section 10. The Firearm Concealed Carry Act is amended by

21 adding Section 56 as follows:

22 (430 ILCS 66/56 new)

23 Sec. 56. Notice of obligation to report lost or stolen

24 firearm. Upon the issuance and each renewal of a concealed

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1 carry license, the Illinois State Police shall advise the

2 applicant or licensee in writing, in both English and Spanish,

3 of his or her obligation to report to local law enforcement any

4 lost or stolen firearm within 48 hours after he or she first

5 discovers the theft or loss.

6 Section 15. The Firearm Dealer License Certification Act

7 is amended by changing Section 5-20 as follows:

8 (430 ILCS 68/5-20)

9 Sec. 5-20. Additional licensee requirements.

10 (a) A certified licensee shall make a photo copy of a

11 buyer's or transferee's valid photo identification card

12 whenever a firearm sale transaction takes place. The photo

13 copy shall be attached to the documentation detailing the

14 record of sale.

15 (b) A certified licensee shall post in a conspicuous

16 position on the premises where the licensee conducts business

17 a sign that contains the following warning in block letters

18 not less than one inch in height:

19 "With few exceptions enumerated in the Firearm Owners

20 Identification Card Act, it is unlawful for you to:

21 (A) store or leave an unsecured firearm in a place

22 where a child can obtain access to it;

23 (B) sell or transfer your firearm to someone else

24 without receiving approval for the transfer from the

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1 Illinois State Police, or

2 (C) fail to report the loss or theft of your

3 firearm to local law enforcement within 72 hours.".

4 This sign shall be created by the Illinois State Police and

5 made available for printing or downloading from the Illinois

6 State Police's website.

7 (c) No retail location established after the effective

8 date of this Act shall be located within 500 feet of any

9 school, pre-school, or day care facility in existence at its

10 location before the retail location is established as measured

11 from the nearest corner of the building holding the retail

12 location to the corner of the school, pre-school, or day care

13 facility building nearest the retail location at the time the

14 retail location seeks licensure.

15 (d) A certified dealer who sells or transfers a firearm

16 shall notify the purchaser or the recipient, orally and in

17 writing, in both English and Spanish, at the time of the sale

18 or transfer, that the owner of a firearm is required to report

19 a lost or stolen firearm to local law enforcement within 48

20 hours after the owner first discovers the loss or theft. The

21 Illinois State Police shall create a written notice, in both

22 English and Spanish, that certified dealers shall provide

23 firearm purchasers or transferees in accordance with this

24 provision and make such notice available for printing or

25 downloading from the Illinois State Police website.

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

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1 Section 20. The Criminal Code of 2012 is amended by

2 changing Sections 24-3.8, 24-3.9, 24-3B, and 24-4.1 as

3 follows:

4 (720 ILCS 5/24-3.8)

5 Sec. 24-3.8. Possession of a stolen firearm.

6 (a) A person commits possession of a stolen firearm when

7 he or she, not being entitled to the possession of a firearm,

8 possesses the firearm while he or she knows or reasonably

9 should know the firearm ~~, knowing it~~ to have been stolen or

10 converted. The trier of fact may infer that a person who

11 possesses a firearm with knowledge that its serial number has

12 been removed or altered has knowledge or reasonably should

13 know that the firearm is stolen or converted. The trier of fact

14 may, but is not required to, infer that a person who possesses

15 a firearm with a serial number reported as stolen on the

16 Illinois State Police publicly accessible stolen firearm

17 database under subsection (a-25) of Section 3 of the Firearm

18 Owners Identification Card Act knows or reasonably should know

19 that the firearm is stolen or converted.

20 (b) Possession of a stolen firearm is a Class 2 felony.

21 (Source: P.A. 97-597, eff. 1-1-12; incorporates 97-347, eff.

22 1-1-12; 97-1109, eff. 1-1-13.)

23 (720 ILCS 5/24-3.9)

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1 Sec. 24-3.9. Aggravated possession of a stolen firearm.

2 (a) A person commits aggravated possession of a stolen

3 firearm when he or she:

4 (1) Not being entitled to the possession of not less

5 than 2 and not more than 5 firearms, possesses those

6 firearms at the same time or within a one-year period,

7 knows or reasonably should know ~~knowing~~ the firearms to

8 have been stolen or converted.

9 (2) Not being entitled to the possession of not less

10 than 6 and not more than 10 firearms, possesses those

11 firearms at the same time or within a 2-year period, knows

12 or reasonably should know ~~knowing~~ the firearms to have

13 been stolen or converted.

14 (3) Not being entitled to the possession of not less

15 than 11 and not more than 20 firearms, possesses those

16 firearms at the same time or within a 3-year period, knows

17 or reasonably should know ~~knowing~~ the firearms to have

18 been stolen or converted.

19 (4) Not being entitled to the possession of not less

20 than 21 and not more than 30 firearms, possesses those

21 firearms at the same time or within a 4-year period, knows

22 or reasonably should know ~~knowing~~ the firearms to have

23 been stolen or converted.

24 (5) Not being entitled to the possession of more than

25 30 firearms, possesses those firearms at the same time or

26 within a 5-year period, knows or reasonably should know

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1 ~~knowing~~ the firearms to have been stolen or converted.

2 (b) The trier of fact may infer that a person who possesses

3 a firearm with knowledge that its serial number has been

4 removed or altered has knowledge or reasonably should know

5 that the firearm is stolen or converted. The trier of fact may,

6 but is not required to, infer that a person who possesses a

7 firearm with a serial number reported as stolen on the

8 Illinois State Police publicly accessible stolen firearm

9 database under subsection (a-25) of Section 3 of the Firearm

10 Owners Identification Card Act knows or reasonably should know

11 that the firearm is stolen or converted.

12 (c) Sentence.

13 (1) A person who violates paragraph (1) of subsection

14 (a) of this Section commits a Class 1 felony.

15 (2) A person who violates paragraph (2) of subsection

16 (a) of this Section commits a Class X felony for which he

17 or she shall be sentenced to a term of imprisonment of not

18 less than 6 years and not more than 30 years.

19 (3) A person who violates paragraph (3) of subsection

20 (a) of this Section commits a Class X felony for which he

21 or she shall be sentenced to a term of imprisonment of not

22 less than 6 years and not more than 40 years.

23 (4) A person who violates paragraph (4) of subsection

24 (a) of this Section commits a Class X felony for which he

25 or she shall be sentenced to a term of imprisonment of not

26 less than 6 years and not more than 50 years.

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1 (5) A person who violates paragraph (5) of subsection

2 (a) of this Section commits a Class X felony for which he

3 or she shall be sentenced to a term of imprisonment of not

4 less than 6 years and not more than 60 years.

5 (Source: P.A. 97-597, eff. 1-1-12; incorporates 97-347, eff.

6 1-1-12; 97-1109, eff. 1-1-13.)

7 (720 ILCS 5/24-3B)

8 Sec. 24-3B. Firearms trafficking.

9 (a) A person commits firearms trafficking when he or she

10 has not been issued a currently valid Firearm Owner's

11 Identification Card and knowingly:

12 (1) brings, or causes to be brought, into this State,

13 a firearm or firearm ammunition for the purpose of sale,

14 delivery, or transfer to any other person or with the

15 intent to sell, deliver, or transfer the firearm or

16 firearm ammunition to any other person; ~~or~~

17 (2) brings, or causes to be brought, into this State,

18 a firearm and firearm ammunition for the purpose of sale,

19 delivery, or transfer to any other person or with the

20 intent to sell, deliver, or transfer the firearm and

21 firearm ammunition to any other person; or

22 (3) transports in a vehicle any stolen firearm or a

23 firearm the possessor reasonably should know was stolen on

24 an expressway in this State.

25 (a-1) The trier of fact may, but is not required to, infer

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1 that a person who possesses a firearm with a serial number

2 reported as stolen on the Illinois State Police publicly

3 accessible stolen firearm database under subsection (a-25) of

4 Section 3 of the Firearm Owners Identification Card Act knows

5 or reasonably should know that the firearm is stolen or

6 converted.

7 (a-2) In this Section, "expressway" has the meaning

8 provided in Section 1-119.3 of the Illinois Vehicle Code.

9 (a-5) This Section does not apply to:

10 (1) a person exempt under Section 2 of the Firearm

11 Owners Identification Card Act from the requirement of

12 having possession of a Firearm Owner's Identification Card

13 previously issued in his or her name by the Illinois State

14 Police in order to acquire or possess a firearm or firearm

15 ammunition;

16 (2) a common carrier under subsection (i) of Section

17 24-2 of this Code; or

18 (3) a non-resident who may lawfully possess a firearm

19 in his or her resident state.

20 (b) Sentence.

21 (1) Firearms trafficking is a Class 1 felony for which

22 the person, if sentenced to a term of imprisonment, shall

23 be sentenced to not less than 4 years and not more than 20

24 years.

25 (2) Firearms trafficking by a person who has been

26 previously convicted of firearms trafficking, gunrunning,

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1 or a felony offense for the unlawful sale, delivery, or

2 transfer of a firearm or firearm ammunition in this State

3 or another jurisdiction is a Class X felony.

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

5 (720 ILCS 5/24-4.1)

6 Sec. 24-4.1. Report of lost or stolen firearms.

7 (a) If a person who possesses a valid Firearm Owner's

8 Identification Card and who possesses or acquires a firearm

9 thereafter loses the firearm, or if the firearm is stolen from

10 the person, the person must report the loss or theft of any

11 such firearm to the local law enforcement agency within 48 ~~72~~

12 hours after obtaining knowledge of the loss or theft. The

13 report shall include:

14 (1) the date the firearm was lost or stolen;

15 (2) the exact location where the firearm was lost or

16 stolen or, if the exact location is not known, the last

17 known location of the firearm;

18 (3) the caliber, make, model, and serial number of the

19 firearm; and

20 (4) a description of the circumstances under which the

21 firearm was lost or stolen.

22 (b) A law enforcement agency having jurisdiction shall

23 take a written report and shall, as soon as practical, and in

24 no event later than 48 hours after receiving the report, enter

25 the information and the firearm's serial number as stolen into

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1 the Law Enforcement Agencies Data System (LEADS).

2 (c) A person shall not be in violation of this Section if:

3 (1) the failure to report is due to an act of God, act

4 of war, or inability of a law enforcement agency to

5 receive the report;

6 (2) the person is hospitalized, in a coma, or is

7 otherwise seriously physically or mentally impaired as to

8 prevent the person from reporting; or

9 (3) the person's designee makes a report if the person

10 is unable to make the report.

11 (d) Sentence. A person who violates this Section is guilty

12 of a Class A misdemeanor ~~petty offense~~ for a first violation. A

13 second or subsequent violation of this Section is a Class 4

14 felony ~~A misdemeanor~~.

15 (e) The failure to report a loss or theft of a firearm

16 within 48 hours of the discovery of such loss or theft as

17 required under subsection (a) shall result in revocation of

18 the person's Firearm Owner's Identification Card. Pursuant to

19 subsection (a) of Section 10 of the Firearm Owners

20 Identification Card Act, a person whose card is revoked under

21 this Section may file a record challenge with the Director of

22 the Illinois State Police as provided in subsection (a-10) of

23 Section 10 of that Act or appeal to the Firearm Owner's

24 Identification Card Review Board for relief as provided in

25 subsection (c) of Section 10 of that Act.

26 (f) A prosecution for an offense under this Section may be

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1 commenced within 3 years after the discovery by law

2 enforcement or prosecution of the failure to report the theft

3 or loss of a firearm as required under subsection (a).

4 (Source: P.A. 98-508, eff. 8-19-13.)

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INDEX

Statutes amended in order of appearance