103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3973

Introduced 10/11/2024, by Sen. Ram Villivalam

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 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 a person is deemed to have discovered that a firearm was lost or stolen only when the person has received evidence indicating that a loss or theft has occurred. 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. Provides that for a second or subsequent offense of failure to report the loss or theft of a firearm to the local law enforcement agency within 48 hours of the discovery of such loss or theft shall result in revocation of the person's Firearm Owner's Identification Card. 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. Contains a severability provision. Effective January 1, 2026.

LRB103 42768 RLC 76009 b

A BILL FOR

SB3973

LRB103 42768 RLC 76009 b

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, 3.1, 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 and beginning January 1, 2026, the federally licensed firearm

21 dealers shall check the Illinois State Police Internet-based

22 system upon which the serial numbers of firearms that have

23 been reported stolen are available for public access for

SB3973

- 2 -

LRB103 42768 RLC 76009 b

1 individuals to ensure any firearms are not reported stolen

2 prior to the sale or transfer of a firearm under subsection

3 (a-25) of this Section. New firearms shipped directly from the

4 manufacturer are exempt from this provision.

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

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

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

8 transferring the firearm, request the Illinois State Police to

9 conduct a background check on the prospective recipient of the

10 firearm in accordance with Section 3.1 and beginning January

11 1, 2026, the Illinois State Police shall check the Illinois

12 State Police Internet-based system upon which the serial

13 numbers of firearms that have been reported stolen are

14 available for public access for individuals to ensure any

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

16 of a firearm under subsection {a-25} of this Section. New

17 firearms shipped directly from the manufacturer are exempt

18 from this provision.

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

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

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

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

23 dealer shall, before selling or transferring the firearms,

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

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

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

SB3973

- 3 -

LRB103 42768 RLC 76009 b

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

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

3 Firearm Owner's Identification Card under State and federal

4 law, including the National Instant Criminal Background Check

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

6 2023. Until that date the transferor shall contact the

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

8 Firearm Owner's Identification Card number to determine the

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

10 rules concerning the implementation of this subsection. The

11 Illinois State Police shall provide the seller or transferor

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

13 Identification Card is valid. Approvals issued by the Illinois

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

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

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

17 do not apply to:

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

19 federally licensed firearm dealer, if the federally

20 licensed firearm dealer conducts a background check on the

21 prospective recipient of the firearm in accordance with

22 Section 3.1 of this Act and follows all other applicable

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

24 seller or transferor of the firearm, although the dealer

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

26 inventory. The purchaser or transferee may be required by

SB3973

- 4 -

LRB103 42768 RLC 76009 b

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

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

3 compensation for performing the functions required under

4 this paragraph, plus the applicable fees authorized by

5 Section 3.1;

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

7 husband, wife, son, daughter, stepson, stepdaughter,

8 father, mother, stepfather, stepmother, brother, sister,

9 nephew, niece, uncle, aunt, grandfather, grandmother,

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

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

12 (3) transfers by persons acting pursuant to operation

13 of law or a court order;

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

15 subsection (a-5) of this Section;

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

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

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

19 by a gunsmith to a federally licensed firearms dealer for

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

21 gunsmith;

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

23 of the unlicensed transferee, if the unlicensed transferee

24 is not otherwise prohibited from possessing firearms and

25 the unlicensed transferee reasonably believes that

26 possession of the firearm is necessary to prevent imminent

SB3973

- 5 -

LRB103 42768 RLC 76009 b

1 death or great bodily harm to the unlicensed transferee;

2 (7) transfers to a law enforcement or corrections

3 agency or a law enforcement or corrections officer acting

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

5 (8) transfers of firearms that have been rendered

6 permanently inoperable to a nonprofit historical society,

7 museum, or institutional collection; and

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

9 requirement of possessing a Firearm Owner's Identification

10 Card under Section 2 of this Act.

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

12 Internet-based system for individuals to determine the

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

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

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

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

17 rules not inconsistent with this Section to implement this

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

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

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

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

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

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

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

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

26 serial numbers of firearms that have been reported stolen are

SB3973

- 6 -

LRB103 42768 RLC 76009 b

1 available for public access for individuals to ensure any

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

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

4 shall have the Internet-based system completed and available

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

6 rules not inconsistent with this Section to implement this

7 system. On or before January 1. 2026, the Illinois State

8 Police shall make the Internet-based system created under this

9 subsection accessible to federally licensed firearms dealers

10 to verify that the make, model, and serial numbers of firearms

11 that are being bought, sold, or transferred by the dealers

12 have not been reported stolen and shall also provide a receipt

13 or approval number to a transferor or federally licensed

14 firearms dealer as verification that the firearm being

15 transferred did not appear on the stolen firearm database.

16 (a-30) The Illinois State Police shall establish an

17 electronic mechanism by which law enforcement shall report

18 individuals who have failed to report the loss or theft of a

19 firearm pursuant to Section 24-4.1 of the Criminal Code of

20 2012.

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

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

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

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

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

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

SB3973

- 7 -

LRB103 42768 RLC 76009 b

1 transfer to a federally licensed firearm dealer and shall not

2 be required to maintain a transfer record. The federally

3 licensed firearm dealer shall maintain the transfer record for

4 20 years from the date of receipt. A federally licensed

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

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

7 an electronic or paper format. The federally licensed firearm

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

9 in the transfer record submitted pursuant to this Section.

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

11 description, serial number or other information identifying

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

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

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

15 number and any approval number or documentation provided by

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

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

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

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

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

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

22 inspection such record of transfer. For any transfer pursuant

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

24 officer, such transferee shall identify the federally licensed

25 firearm dealer maintaining the transfer record. If the

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

SB3973

- 8 -

LRB103 42768 RLC 76009 b

1 include the unique identification number. Failure to record

2 the unique identification number or approval number is a petty

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

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

5 100-1178), failure by the private seller to maintain the

6 transfer records in accordance with this Section, or failure

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

8 identify the federally licensed firearm dealer maintaining the

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

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

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

12 offense was committed after conviction of the first offense.

13 Whenever any person who has not previously been convicted of

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

15 supervision pursuant to and consistent with the limitations of

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

17 or transferor shall not be criminally liable under this

18 Section provided that he or she provides the Illinois State

19 Police with the transfer records in accordance with procedures

20 established by the Illinois State Police. The Illinois State

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

22 website.

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

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

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

26 to ship ammunition. Any resident purchasing ammunition within

SB3973

- 9 -

LRB103 42768 RLC 76009 b

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

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

3 or valid concealed carry license and either his or her

4 Illinois driver's license or Illinois State Identification

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

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

7 documents.

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

9 of firearm ammunition shall not apply to those persons

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

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

12 102-813, eff. 5-13-22; 102-1116, eff. 1-10-23.)

13 (430 ILCS 65/3.1) (from Ch. 38, par. 83-3.1)

14 Sec. 3.1. Firearm Transfer Inquiry Program.

15 (a) The Illinois State Police shall provide a dial up

16 telephone system or utilize other existing technology which

17 shall be used by any federally licensed firearm dealer, gun

18 show promoter, or gun show vendor who is to transfer a firearm,

19 stun gun, or taser under the provisions of this Act. The

20 Illinois State Police may utilize existing technology which

21 allows the caller to be charged a fee not to exceed $2. Fees

22 collected by the Illinois State Police shall be deposited in

23 the State Police Firearm Services Fund and used to provide the

24 service. Beginning January 1, 2026, a federally licensed

25 firearm dealer, gun show promoter, and gun show vendor shall

SB3973

- 10 -

LRB103 42768 RLC 76009 b

1 additionally check the Illinois State Police Internet-based

2 system upon which the serial numbers of firearms that have

3 been reported stolen are available for public access to ensure

4 any firearms are not reported stolen prior to the sale or

5 transfer of a firearm under subsection (a-25) of Section 3 of

6 this Act. New firearms shipped directly from the manufacturer

7 are exempt from this provision.

8 (b) Upon receiving a request from a federally licensed

9 firearm dealer, gun show promoter, or gun show vendor, the

10 Illinois State Police shall immediately approve or, within the

11 time period established by Section 24-3 of the Criminal Code

12 of 2012 regarding the delivery of firearms, stun guns, and

13 tasers, notify the inquiring dealer, gun show promoter, or gun

14 show vendor of any objection that would disqualify the

15 transferee from acquiring or possessing a firearm, stun gun,

16 or taser. In conducting the inquiry, the Illinois State Police

17 shall initiate and complete an automated search of its

18 criminal history record information files and those of the

19 Federal Bureau of Investigation, including the National

20 Instant Criminal Background Check System, and of the files of

21 the Department of Human Services relating to mental health and

22 developmental disabilities to obtain any felony conviction or

23 patient hospitalization information which would disqualify a

24 person from obtaining or require revocation of a currently

25 valid Firearm Owner's Identification Card.

26 (b-5) By January 1, 2023, the Illinois State Police shall

SB3973

- 11 -

LRB103 42768 RLC 76009 b

1 by rule provide a process for the automatic renewal of the

2 Firearm Owner's Identification Card of a person at the time of

3 an inquiry in subsection (b). Persons eligible for this

4 process must have a set of fingerprints on file with their

5 applications under either subsection (a-25) of Section 4 or

6 the Firearm Concealed Carry Act.

7 (c) If receipt of a firearm would not violate Section 24-3

8 of the Criminal Code of 2012, federal law, or this Act, the

9 Illinois State Police shall:

10 (1) assign a unique identification number to the

11 transfer; and

12 (2) provide the licensee, gun show promoter, or gun

13 show vendor with the number.

14 (d) Approvals issued by the Illinois State Police for the

15 purchase of a firearm are valid for 30 days from the date of

16 issue.

17 (e) (1) The Illinois State Police must act as the Illinois

18 Point of Contact for the National Instant Criminal Background

19 Check System.

20 (2) The Illinois State Police and the Department of Human

21 Services shall, in accordance with State and federal law

22 regarding confidentiality, enter into a memorandum of

23 understanding with the Federal Bureau of Investigation for the

24 purpose of implementing the National Instant Criminal

25 Background Check System in the State. The Illinois State

26 Police shall report the name, date of birth, and physical

SB3973

- 12 -

LRB103 42768 RLC 76009 b

1 description of any person prohibited from possessing a firearm

2 pursuant to the Firearm Owners Identification Card Act or 18

3 U.S.C. 922(g) and (n) to the National Instant Criminal

4 Background Check System Index, Denied Persons Files.

5 (3) The Illinois State Police shall provide notice of the

6 disqualification of a person under subsection (b) of this

7 Section or the revocation of a person's Firearm Owner's

8 Identification Card under Section 8 or Section 8.2 of this

9 Act, and the reason for the disqualification or revocation, to

10 all law enforcement agencies with jurisdiction to assist with

11 the seizure of the person's Firearm Owner's Identification

12 Card.

13 (f) The Illinois State Police shall adopt rules not

14 inconsistent with this Section to implement this system.

15 (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;

16 102-813, eff. 5-13-22.)

17 (430 ILCS 65/7.10 new)

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

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

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

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

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

23 enforcement any lost or stolen firearm within 48 hours after

24 he or she first discovers the loss or theft. A person is deemed

25 to have discovered that a firearm was lost or stolen only when

SB3973

- 13 -

LRB103 42768 RLC 76009 b

1 the person has received evidence indicating that a loss or

2 theft has occurred.

3 (430 ILCS 65/8) (from Ch. 38, par. 83-8)

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

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

6 revoke and seize a Firearm Owner's Identification Card

7 previously issued under this Act only if the Illinois State

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

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

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

11 convicted of a misdemeanor other than a traffic offense or

12 adjudged delinquent;

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

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

15 101-80). A person under 21 years of age who does not have

16 the written consent of his parent or guardian to acquire

17 and possess firearms and firearm ammunition, or whose

18 parent or guardian has revoked such written consent, or

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

20 Firearm Owner's Identification Card;

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

22 181st day following July 12, 2019 (the effective date of

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

24 not an active duty member of the United States Armed

25 Forces or the Illinois National Guard and does not have

SB3973

- 14 -

LRB103 42768 RLC 76009 b

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

2 acquire and possess firearms and firearm ammunition, or

3 whose parent or guardian has revoked such written consent,

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

5 Firearm Owner's Identification Card;

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

7 this or any other jurisdiction;

8 (d) A person addicted to narcotics;

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

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

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

12 who has not received the certification required under

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

14 officer employed by a unit of government or a Department

15 of Corrections employee authorized to possess firearms who

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

17 Identification Card seized under this subsection (e) may

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

19 10 of this Act if the officer or employee did not act in a

20 manner threatening to the officer or employee, another

21 person, or the public as determined by the treating

22 clinical psychologist or physician, and the officer or

23 employee seeks mental health treatment;

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

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

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

SB3973

- 15 -

LRB103 42768 RLC 76009 b

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

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

3 in the Firearm Owner's Identification Card application or

4 endorsement affidavit;

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

6 United States under the laws of the United States;

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

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

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

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

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

12 lawfully admitted to the United States under a

13 non-immigrant visa if that noncitizen is:

14 (1) admitted to the United States for lawful

15 hunting or sporting purposes;

16 (2) an official representative of a foreign

17 government who is:

18 (A) accredited to the United States Government

19 or the Government's mission to an international

20 organization having its headquarters in the United

21 States; or

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

23 which that noncitizen is accredited;

24 (3) an official of a foreign government or

25 distinguished foreign visitor who has been so

26 designated by the Department of State;

SB3973

- 16 -

LRB103 42768 RLC 76009 b

1 (4) a foreign law enforcement officer of a

2 friendly foreign government entering the United States

3 on official business; or

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

5 Attorney General of the United States pursuant to 18

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

7 (j) (Blank);

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

9 years of battery, assault, aggravated assault, violation

10 of an order of protection, or a substantially similar

11 offense in another jurisdiction, in which a firearm was

12 used or possessed;

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

14 battery, aggravated domestic battery, or a substantially

15 similar offense in another jurisdiction committed before,

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

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

18 previously issued a Firearm Owner's Identification Card

19 under this Act knowingly and intelligently waives the

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

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

22 in a conviction for an offense in which a domestic

23 relationship is not a required element of the offense but

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

25 922(g)(9) is made under Section 112A-11.1 of the Code of

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

SB3973

- 17 -

LRB103 42768 RLC 76009 b

1 judgment of conviction for that offense shall be grounds

2 for denying an application for and for revoking and

3 seizing a Firearm Owner's Identification Card previously

4 issued to the person under this Act;

5 (m) (Blank);

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

7 possessing firearms or firearm ammunition by any Illinois

8 State statute or by federal law;

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

10 5-520 of the Juvenile Court Act of 1987 alleging that the

11 minor is a delinquent minor for the commission of an

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

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

14 minor under the Juvenile Court Act of 1987 for the

15 commission of an offense that if committed by an adult

16 would be a felony;

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

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

19 Section 4;

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

21 a mental disability;

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

23 developmental disability;

24 (t) A person involuntarily admitted into a mental

25 health facility; ~~or~~

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

SB3973

- 18 -

LRB103 42768 RLC 76009 b

1 Identification Card revoked or denied under subsection (e)

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

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

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

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

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

7 5-year period has lapsed, unless he or she has received a

8 mental health evaluation by a physician, clinical

9 psychologist, or qualified examiner as those terms are

10 defined in the Mental Health and Developmental

11 Disabilities Code, and has received a certification that

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

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

14 or qualified examiner making the certification and his or

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

16 professionally liable for making or not making the

17 certification required under this subsection, except for

18 willful or wanton misconduct. This subsection does not

19 apply to a person whose firearm possession rights have

20 been restored through administrative or judicial action

21 under Section 10 or 11 of this Act; or

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

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

24 theft to local law enforcement as required under

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

26 2012.

SB3973

- 19 -

LRB103 42768 RLC 76009 b

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

2 Identification Card, the Illinois State Police shall provide

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

4 9.5 of this Act.

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

6 102-645, eff. 1-1-22; 102-813, eff. 5-13-22; 102-1030, eff.

7 5-27-22; 102-1116, eff. 1-10-23.)

8 (430 ILCS 65/8.1) (from Ch. 38, par. 83-8.1)

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

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

11 required by the Supreme Court, notify the Illinois State

12 Police of all final dispositions of cases for which the

13 Department has received information reported to it under

14 Sections 2.1 and 2.2 of the Criminal Identification Act.

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

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

17 finding that a person has been involuntarily admitted, the

18 court shall direct the circuit court clerk to immediately

19 notify the Illinois State Police, Firearm Owner's

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

21 the court order to the Department.

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

23 30 of every year thereafter, the circuit court clerk shall, in

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

25 notify the Illinois State Police, Firearm Owner's

SB3973

- 20 -

LRB103 42768 RLC 76009 b

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

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

3 Firearm Owner's Identification (FOID) department under

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

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

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

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

8 Supreme Court may adopt any orders or rules necessary to

9 identify the persons who shall be reported to the Illinois

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

11 rules necessary to implement the requirements of this Act.

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

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

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

15 the Mental Health and Developmental Disabilities

16 Confidentiality Act for the purpose of determining whether a

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

18 facility is disqualified under State or federal law from

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

20 or purchasing a weapon.

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

22 danger to himself, herself, or to others:

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

24 qualified examiner, or is determined to have a

25 developmental disability by a physician, clinical

26 psychologist, or qualified examiner, whether employed by

SB3973

- 21 -

LRB103 42768 RLC 76009 b

1 the State or privately, then the physician, clinical

2 psychologist, or qualified examiner shall, within 24 hours

3 of making the determination, notify the Department of

4 Human Services that the person poses a clear and present

5 danger or has a developmental disability; or

6 (2) by a law enforcement official or school

7 administrator, then the law enforcement official or school

8 administrator shall, within 24 hours of making the

9 determination, notify the Illinois State Police that the

10 person poses a clear and present danger.

11 The Department of Human Services shall immediately update

12 its records and information relating to mental health and

13 developmental disabilities, and if appropriate, shall notify

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

15 the Illinois State Police. The Illinois State Police shall

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

17 Identification Card under Section 8 of this Act. Any

18 information disclosed under this subsection shall remain

19 privileged and confidential, and shall not be redisclosed,

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

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

22 this information shall guarantee that the information is not

23 released beyond what is necessary for the purpose of this

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

25 Human Services. The identity of the person reporting under

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

SB3973

- 22 -

LRB103 42768 RLC 76009 b

1 report. The physician, clinical psychologist, qualified

2 examiner, law enforcement official, or school administrator

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

4 held criminally, civilly, or professionally liable for making

5 or not making the notification required under this subsection,

6 except for willful or wanton misconduct.

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

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

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

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

11 that determination, notify the Illinois State Police that the

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

13 enforcement official shall notify the Illinois State Police in

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

15 Illinois State Police shall determine whether to revoke the

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

17 of this Act. Any information disclosed under this subsection

18 shall remain privileged and confidential, and shall not be

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

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

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

22 implement this Section.

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

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

25 adding Section 56 as follows:

SB3973

- 23 -

LRB103 42768 RLC 76009 b

1 (430 ILCS 66/56 new)

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

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

4 carry license, the Illinois State Police shall advise the

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

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

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

8 discovers the theft or loss.

9 Section 15. The Firearm Dealer License Certification Act

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

11 (430 ILCS 68/5-20)

12 Sec. 5-20. Additional licensee requirements.

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

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

15 whenever a firearm sale transaction takes place. The photo

16 copy shall be attached to the documentation detailing the

17 record of sale.

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

19 position on the premises where the licensee conducts business

20 a sign that contains the following warning in block letters

21 not less than one inch in height:

22 "With few exceptions enumerated in the Firearm Owners

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

SB3973

- 24 -

LRB103 42768 RLC 76009 b

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

2 where a child can obtain access to it;

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

4 without receiving approval for the transfer from the

5 Illinois State Police, or

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

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

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

9 made available for printing or downloading from the Illinois

10 State Police's website.

11 (c) No retail location established after the effective

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

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

14 location before the retail location is established as measured

15 from the nearest corner of the building holding the retail

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

17 facility building nearest the retail location at the time the

18 retail location seeks licensure.

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

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

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

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

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

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

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

26 English and Spanish, that certified dealers shall provide

SB3973

- 25 -

LRB103 42768 RLC 76009 b

1 firearm purchasers or transferees in accordance with this

2 provision and make such notice available for printing or

3 downloading from the Illinois State Police website.

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

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

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

7 follows:

8 (720 ILCS 5/24-3.8)

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

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

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

12 possesses the firearm while he or she knows or reasonably

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

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

15 possesses a firearm with knowledge that its serial number has

16 been removed or altered has knowledge or reasonably should

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

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

19 a firearm purchased on or after January 1, 2026, with a make,

20 model, and serial number reported as stolen on the Illinois

21 State Police publicly accessible stolen firearm database under

22 subsection (a-25) of Section 3 of the Firearm Owners

23 Identification Card Act knows or reasonably should know that

24 the firearm is stolen or converted.

SB3973

- 26 -

LRB103 42768 RLC 76009 b

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

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

3 1-1-12; 97-1109, eff. 1-1-13.)

4 (720 ILCS 5/24-3.9)

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

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

7 firearm when he or she:

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

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

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

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

12 have been stolen or converted.

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

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

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

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

17 been stolen or converted.

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

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

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

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

22 been stolen or converted.

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

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

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

SB3973

- 27 -

LRB103 42768 RLC 76009 b

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

2 been stolen or converted.

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

4 30 firearms, possesses those firearms at the same time or

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

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

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

8 a firearm with knowledge that its serial number has been

9 removed or altered has knowledge or reasonably should know

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

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

12 firearm purchased on or after January 1, 2026, with a make,

13 model, and serial number reported as stolen on the Illinois

14 State Police publicly accessible stolen firearm database under

15 subsection (a-25) of Section 3 of the Firearm Owners

16 Identification Card Act knows or reasonably should know that

17 the firearm is stolen or converted.

18 (c) Sentence.

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

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

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

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

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

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

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

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

SB3973

- 28 -

LRB103 42768 RLC 76009 b

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

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

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

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

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

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

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

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

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

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

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

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

13 (720 ILCS 5/24-3B)

14 Sec. 24-3B. Firearms trafficking.

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

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

17 Identification Card and knowingly:

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

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

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

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

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

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

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

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

SB3973

- 29 -

LRB103 42768 RLC 76009 b

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

2 firearm ammunition to any other person; or

3 (3) transports on an expressway in this State a

4 vehicle any stolen firearm or a firearm the possessor

5 reasonably should know was stolen.

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

7 that a person who possesses a firearm purchased on or after

8 January 1, 2026, with a make, model, and serial number

9 reported as stolen on the Illinois State Police publicly

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

11 Section 3 of the Firearm Owners Identification Card Act knows

12 or reasonably should know that the firearm is stolen or

13 converted.

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

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

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

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

18 Owners Identification Card Act from the requirement of

19 having possession of a Firearm Owner's Identification Card

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

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

22 ammunition;

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

24 24-2 of this Code; or

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

26 in his or her resident state.

SB3973

- 30 -

LRB103 42768 RLC 76009 b

1 (b) Sentence.

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

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

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

5 years.

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

7 previously convicted of firearms trafficking, gunrunning,

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

9 transfer of a firearm or firearm ammunition in this State

10 or another jurisdiction is a Class X felony.

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

12 (720 ILCS 5/24-4.1)

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

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

15 Identification Card and who possesses or acquires a firearm

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

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

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

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

20 report shall include:

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

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

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

24 known location of the firearm;

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

SB3973

- 31 -

LRB103 42768 RLC 76009 b

1 firearm; and

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

3 firearm was lost or stolen.

4 (b) A law enforcement agency having jurisdiction shall

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

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

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

8 the Law Enforcement Agencies Data System (LEADS).

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

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

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

12 receive the report;

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

14 otherwise seriously physically or mentally impaired as to

15 prevent the person from reporting; or

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

17 is unable to make the report.

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

19 of a petty offense for a first violation. A second or

20 subsequent violation of this Section is a Class A misdemeanor.

21 For a second or subsequent offense, the failure to report a

22 loss or theft of a firearm within 48 hours of the discovery of

23 such loss or theft as required under subsection (a) shall

24 result in revocation of the person's Firearm Owner's

25 Identification Card. Pursuant to subsection (a) of Section 10

26 of the Firearm Owners Identification Card Act, a person whose

SB3973

- 32 -

LRB103 42768 RLC 76009 b

1 card is revoked under this Section may file a record challenge

2 with the Director of the Illinois State Police as provided in

3 subsection (a-10) of Section 10 of that Act or appeal to the

4 Firearm Owner's Identification Card Review Board for relief as

5 provided in subsection (c) of Section 10 of that Act.

6 (e) A prosecution for an offense under this Section may be

7 commenced within 3 years after the discovery by law

8 enforcement or prosecution of the failure to report the theft

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

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

11 Section 97. Severability. The provisions of this Act are

12 severable under Section 1.31 of the Statute on Statutes.

13 Section 99. Effective date. This Act takes effect January

14 1, 2026.

SB3973

- 33 -

LRB103 42768 RLC 76009 b

INDEX

Statutes amended in order of appearance