104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB1040
 
Introduced , by Rep. John M. Cabello
 
SYNOPSIS AS INTRODUCED:

5 ILCS 140/7.5
430 ILCS 65/8 from Ch. 38, par. 83-8
430 ILCS 65/4.1 rep.
430 ILCS 67/40
430 ILCS 67/45
430 ILCS 67/55
720 ILCS 5/24-1 from Ch. 38, par. 24-1
720 ILCS 5/24-1.9 rep.
720 ILCS 5/24-1.10 rep.
 Repeals the provisions of Public Act 102-1116 that make amendatory changes to the Firearms Restraining Order Act that provide that a petitioner for a firearms restraining order may request a plenary firearms restraining order of up to one-year, but not less than 6 months (restores the 6 months provision). Repeals provisions that the firearms restraining order may be renewed for an additional period of up to one year. Repeals amendatory provisions of the Criminal Code of 2012 making it unlawful, beginning January 1, 2024, for any person within the State to knowingly possess an assault weapon, assault weapon attachment, .50 caliber rifle, or .50 caliber cartridge, with exemptions. Repeals provisions that make it unlawful for any person within the State to knowingly manufacture, deliver, sell, purchase, or cause to be manufactured, delivered, sold, or purchased a large capacity ammunition feeding device, with specified exemptions. Repeals amendatory provisions of the Criminal Code of 2012 that prohibit the manufacture, possession, sale, or offer to sell, purchase, manufacture, import, transfer, or use any device, part, kit, tool, accessory, or combination of parts that is designed to and functions to increase the rate of fire of a semiautomatic firearm above the standard rate of fire for semiautomatic firearms that is not equipped with that device, part, or combination of parts. Repeals amendatory provisions of the Freedom of Information Act that exempt from disclosure under the Act certain information concerning assault weapons endorsements received by the Illinois State Police. Effective immediately.


LRB104 03254 RLC 13276 b


 
 
A BILL FOR
 
HB1040LRB104 03254 RLC 13276 b


1 AN ACT concerning criminal law.

2 Be it enacted by the People of the State of Illinois, 
3represented in the General Assembly:

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

6 (5 ILCS 140/7.5)
7 (Text of Section before amendment by P.A. 103-724)
8 Sec. 7.5. Statutory exemptions. To the extent provided for 
9by the statutes referenced below, the following shall be 
10exempt from inspection and copying:
11  (a) All information determined to be confidential 
12 under Section 4002 of the Technology Advancement and 
13 Development Act.
14  (b) Library circulation and order records identifying 
15 library users with specific materials under the Library 
16 Records Confidentiality Act.
17  (c) Applications, related documents, and medical 
18 records received by the Experimental Organ Transplantation 
19 Procedures Board and any and all documents or other 
20 records prepared by the Experimental Organ Transplantation 
21 Procedures Board or its staff relating to applications it 
22 has received.
23  (d) Information and records held by the Department of 
 
 
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1 Public Health and its authorized representatives relating 
2 to known or suspected cases of sexually transmitted 
3 infection or any information the disclosure of which is 
4 restricted under the Illinois Sexually Transmitted 
5 Infection Control Act.
6  (e) Information the disclosure of which is exempted 
7 under Section 30 of the Radon Industry Licensing Act.
8  (f) Firm performance evaluations under Section 55 of 
9 the Architectural, Engineering, and Land Surveying 
10 Qualifications Based Selection Act.
11  (g) Information the disclosure of which is restricted 
12 and exempted under Section 50 of the Illinois Prepaid 
13 Tuition Act.
14  (h) Information the disclosure of which is exempted 
15 under the State Officials and Employees Ethics Act, and 
16 records of any lawfully created State or local inspector 
17 general's office that would be exempt if created or 
18 obtained by an Executive Inspector General's office under 
19 that Act.
20  (i) Information contained in a local emergency energy 
21 plan submitted to a municipality in accordance with a 
22 local emergency energy plan ordinance that is adopted 
23 under Section 11-21.5-5 of the Illinois Municipal Code.
24  (j) Information and data concerning the distribution 
25 of surcharge moneys collected and remitted by carriers 
26 under the Emergency Telephone System Act.
 
 
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1  (k) Law enforcement officer identification information 
2 or driver identification information compiled by a law 
3 enforcement agency or the Department of Transportation 
4 under Section 11-212 of the Illinois Vehicle Code.
5  (l) Records and information provided to a residential 
6 health care facility resident sexual assault and death 
7 review team or the Executive Council under the Abuse 
8 Prevention Review Team Act.
9  (m) Information provided to the predatory lending 
10 database created pursuant to Article 3 of the Residential 
11 Real Property Disclosure Act, except to the extent 
12 authorized under that Article.
13  (n) Defense budgets and petitions for certification of 
14 compensation and expenses for court appointed trial 
15 counsel as provided under Sections 10 and 15 of the 
16 Capital Crimes Litigation Act (repealed). This subsection 
17 (n) shall apply until the conclusion of the trial of the 
18 case, even if the prosecution chooses not to pursue the 
19 death penalty prior to trial or sentencing.
20  (o) Information that is prohibited from being 
21 disclosed under Section 4 of the Illinois Health and 
22 Hazardous Substances Registry Act.
23  (p) Security portions of system safety program plans, 
24 investigation reports, surveys, schedules, lists, data, or 
25 information compiled, collected, or prepared by or for the 
26 Department of Transportation under Sections 2705-300 and 
 
 
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1 2705-616 of the Department of Transportation Law of the 
2 Civil Administrative Code of Illinois, the Regional 
3 Transportation Authority under Section 2.11 of the 
4 Regional Transportation Authority Act, or the St. Clair 
5 County Transit District under the Bi-State Transit Safety 
6 Act (repealed). 
7  (q) Information prohibited from being disclosed by the 
8 Personnel Record Review Act. 
9  (r) Information prohibited from being disclosed by the 
10 Illinois School Student Records Act. 
11  (s) Information the disclosure of which is restricted 
12 under Section 5-108 of the Public Utilities Act. 
13  (t) (Blank). 
14  (u) Records and information provided to an independent 
15 team of experts under the Developmental Disability and 
16 Mental Health Safety Act (also known as Brian's Law). 
17  (v) Names and information of people who have applied 
18 for or received Firearm Owner's Identification Cards under 
19 the Firearm Owners Identification Card Act or applied for 
20 or received a concealed carry license under the Firearm 
21 Concealed Carry Act, unless otherwise authorized by the 
22 Firearm Concealed Carry Act; and databases under the 
23 Firearm Concealed Carry Act, records of the Concealed 
24 Carry Licensing Review Board under the Firearm Concealed 
25 Carry Act, and law enforcement agency objections under the 
26 Firearm Concealed Carry Act. 
 
 
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1  (v-5) Records of the Firearm Owner's Identification 
2 Card Review Board that are exempted from disclosure under 
3 Section 10 of the Firearm Owners Identification Card Act.
4  (w) Personally identifiable information which is 
5 exempted from disclosure under subsection (g) of Section 
6 19.1 of the Toll Highway Act.
7  (x) Information which is exempted from disclosure 
8 under Section 5-1014.3 of the Counties Code or Section 
9 8-11-21 of the Illinois Municipal Code. 
10  (y) Confidential information under the Adult 
11 Protective Services Act and its predecessor enabling 
12 statute, the Elder Abuse and Neglect Act, including 
13 information about the identity and administrative finding 
14 against any caregiver of a verified and substantiated 
15 decision of abuse, neglect, or financial exploitation of 
16 an eligible adult maintained in the Registry established 
17 under Section 7.5 of the Adult Protective Services Act. 
18  (z) Records and information provided to a fatality 
19 review team or the Illinois Fatality Review Team Advisory 
20 Council under Section 15 of the Adult Protective Services 
21 Act. 
22  (aa) Information which is exempted from disclosure 
23 under Section 2.37 of the Wildlife Code. 
24  (bb) Information which is or was prohibited from 
25 disclosure by the Juvenile Court Act of 1987. 
26  (cc) Recordings made under the Law Enforcement 
 
 
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1 Officer-Worn Body Camera Act, except to the extent 
2 authorized under that Act.
3  (dd) Information that is prohibited from being 
4 disclosed under Section 45 of the Condominium and Common 
5 Interest Community Ombudsperson Act. 
6  (ee) Information that is exempted from disclosure 
7 under Section 30.1 of the Pharmacy Practice Act. 
8  (ff) Information that is exempted from disclosure 
9 under the Revised Uniform Unclaimed Property Act. 
10  (gg) Information that is prohibited from being 
11 disclosed under Section 7-603.5 of the Illinois Vehicle 
12 Code. 
13  (hh) Records that are exempt from disclosure under 
14 Section 1A-16.7 of the Election Code. 
15  (ii) Information which is exempted from disclosure 
16 under Section 2505-800 of the Department of Revenue Law of 
17 the Civil Administrative Code of Illinois. 
18  (jj) Information and reports that are required to be 
19 submitted to the Department of Labor by registering day 
20 and temporary labor service agencies but are exempt from 
21 disclosure under subsection (a-1) of Section 45 of the Day 
22 and Temporary Labor Services Act. 
23  (kk) Information prohibited from disclosure under the 
24 Seizure and Forfeiture Reporting Act. 
25  (ll) Information the disclosure of which is restricted 
26 and exempted under Section 5-30.8 of the Illinois Public 
 
 
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1 Aid Code. 
2  (mm) Records that are exempt from disclosure under 
3 Section 4.2 of the Crime Victims Compensation Act. 
4  (nn) Information that is exempt from disclosure under 
5 Section 70 of the Higher Education Student Assistance Act. 
6  (oo) Communications, notes, records, and reports 
7 arising out of a peer support counseling session 
8 prohibited from disclosure under the First Responders 
9 Suicide Prevention Act. 
10  (pp) Names and all identifying information relating to 
11 an employee of an emergency services provider or law 
12 enforcement agency under the First Responders Suicide 
13 Prevention Act. 
14  (qq) Information and records held by the Department of 
15 Public Health and its authorized representatives collected 
16 under the Reproductive Health Act. 
17  (rr) Information that is exempt from disclosure under 
18 the Cannabis Regulation and Tax Act. 
19  (ss) Data reported by an employer to the Department of 
20 Human Rights pursuant to Section 2-108 of the Illinois 
21 Human Rights Act.
22  (tt) Recordings made under the Children's Advocacy 
23 Center Act, except to the extent authorized under that 
24 Act. 
25  (uu) Information that is exempt from disclosure under 
26 Section 50 of the Sexual Assault Evidence Submission Act. 
 
 
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1  (vv) Information that is exempt from disclosure under 
2 subsections (f) and (j) of Section 5-36 of the Illinois 
3 Public Aid Code. 
4  (ww) Information that is exempt from disclosure under 
5 Section 16.8 of the State Treasurer Act. 
6  (xx) Information that is exempt from disclosure or 
7 information that shall not be made public under the 
8 Illinois Insurance Code. 
9  (yy) Information prohibited from being disclosed under 
10 the Illinois Educational Labor Relations Act.
11  (zz) Information prohibited from being disclosed under 
12 the Illinois Public Labor Relations Act. 
13  (aaa) Information prohibited from being disclosed 
14 under Section 1-167 of the Illinois Pension Code. 
15  (bbb) Information that is prohibited from disclosure 
16 by the Illinois Police Training Act and the Illinois State 
17 Police Act. 
18  (ccc) Records exempt from disclosure under Section 
19 2605-304 of the Illinois State Police Law of the Civil 
20 Administrative Code of Illinois. 
21  (ddd) Information prohibited from being disclosed 
22 under Section 35 of the Address Confidentiality for 
23 Victims of Domestic Violence, Sexual Assault, Human 
24 Trafficking, or Stalking Act. 
25  (eee) Information prohibited from being disclosed 
26 under subsection (b) of Section 75 of the Domestic 
 
 
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1 Violence Fatality Review Act. 
2  (fff) Images from cameras under the Expressway Camera 
3 Act. This subsection (fff) is inoperative on and after 
4 July 1, 2025. 
5  (ggg) Information prohibited from disclosure under 
6 paragraph (3) of subsection (a) of Section 14 of the Nurse 
7 Agency Licensing Act. 
8  (hhh) Information submitted to the Illinois State 
9 Police in an affidavit or application for an assault 
10 weapon endorsement, assault weapon attachment endorsement, 
11 .50 caliber rifle endorsement, or .50 caliber cartridge 
12 endorsement under the Firearm Owners Identification Card 
13 Act. 
14  (iii) Data exempt from disclosure under Section 50 of 
15 the School Safety Drill Act. 
16  (jjj) Information exempt from disclosure under Section 
17 30 of the Insurance Data Security Law. 
18  (kkk) Confidential business information prohibited 
19 from disclosure under Section 45 of the Paint Stewardship 
20 Act. 
21  (lll) Data exempt from disclosure under Section 
22 2-3.196 of the School Code. 
23  (mmm) Information prohibited from being disclosed 
24 under subsection (e) of Section 1-129 of the Illinois 
25 Power Agency Act. 
26  (nnn) Materials received by the Department of Commerce 
 
 
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1 and Economic Opportunity that are confidential under the 
2 Music and Musicians Tax Credit and Jobs Act. 
3  (ooo) (nnn) Data or information provided pursuant to 
4 Section 20 of the Statewide Recycling Needs and Assessment 
5 Act. 
6  (ppp) (nnn) Information that is exempt from disclosure 
7 under Section 28-11 of the Lawful Health Care Activity 
8 Act. 
9  (qqq) (nnn) Information that is exempt from disclosure 
10 under Section 7-101 of the Illinois Human Rights Act. 
11  (rrr) (mmm) Information prohibited from being 
12 disclosed under Section 4-2 of the Uniform Money 
13 Transmission Modernization Act. 
14(Source: P.A. 102-36, eff. 6-25-21; 102-237, eff. 1-1-22; 
15102-292, eff. 1-1-22; 102-520, eff. 8-20-21; 102-559, eff. 
168-20-21; 102-813, eff. 5-13-22; 102-946, eff. 7-1-22; 
17102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; 103-8, eff. 
186-7-23; 103-34, eff. 6-9-23; 103-142, eff. 1-1-24; 103-372, 
19eff. 1-1-24; 103-472, eff. 8-1-24; 103-508, eff. 8-4-23; 
20103-580, eff. 12-8-23; 103-592, eff. 6-7-24; 103-605, eff. 
217-1-24; 103-636, eff. 7-1-24; 103-786, eff. 8-7-24; 103-859, 
22eff. 8-9-24; 103-991, eff. 8-9-24; 103-1049, eff. 8-9-24; 
23revised 10-10-24.)

24 (Text of Section after amendment by P.A. 103-724)
25 Sec. 7.5. Statutory exemptions. To the extent provided for 
 
 
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1by the statutes referenced below, the following shall be 
2exempt from inspection and copying:
3  (a) All information determined to be confidential 
4 under Section 4002 of the Technology Advancement and 
5 Development Act.
6  (b) Library circulation and order records identifying 
7 library users with specific materials under the Library 
8 Records Confidentiality Act.
9  (c) Applications, related documents, and medical 
10 records received by the Experimental Organ Transplantation 
11 Procedures Board and any and all documents or other 
12 records prepared by the Experimental Organ Transplantation 
13 Procedures Board or its staff relating to applications it 
14 has received.
15  (d) Information and records held by the Department of 
16 Public Health and its authorized representatives relating 
17 to known or suspected cases of sexually transmitted 
18 infection or any information the disclosure of which is 
19 restricted under the Illinois Sexually Transmitted 
20 Infection Control Act.
21  (e) Information the disclosure of which is exempted 
22 under Section 30 of the Radon Industry Licensing Act.
23  (f) Firm performance evaluations under Section 55 of 
24 the Architectural, Engineering, and Land Surveying 
25 Qualifications Based Selection Act.
26  (g) Information the disclosure of which is restricted 
 
 
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1 and exempted under Section 50 of the Illinois Prepaid 
2 Tuition Act.
3  (h) Information the disclosure of which is exempted 
4 under the State Officials and Employees Ethics Act, and 
5 records of any lawfully created State or local inspector 
6 general's office that would be exempt if created or 
7 obtained by an Executive Inspector General's office under 
8 that Act.
9  (i) Information contained in a local emergency energy 
10 plan submitted to a municipality in accordance with a 
11 local emergency energy plan ordinance that is adopted 
12 under Section 11-21.5-5 of the Illinois Municipal Code.
13  (j) Information and data concerning the distribution 
14 of surcharge moneys collected and remitted by carriers 
15 under the Emergency Telephone System Act.
16  (k) Law enforcement officer identification information 
17 or driver identification information compiled by a law 
18 enforcement agency or the Department of Transportation 
19 under Section 11-212 of the Illinois Vehicle Code.
20  (l) Records and information provided to a residential 
21 health care facility resident sexual assault and death 
22 review team or the Executive Council under the Abuse 
23 Prevention Review Team Act.
24  (m) Information provided to the predatory lending 
25 database created pursuant to Article 3 of the Residential 
26 Real Property Disclosure Act, except to the extent 
 
 
HB1040- 13 -LRB104 03254 RLC 13276 b


1 authorized under that Article.
2  (n) Defense budgets and petitions for certification of 
3 compensation and expenses for court appointed trial 
4 counsel as provided under Sections 10 and 15 of the 
5 Capital Crimes Litigation Act (repealed). This subsection 
6 (n) shall apply until the conclusion of the trial of the 
7 case, even if the prosecution chooses not to pursue the 
8 death penalty prior to trial or sentencing.
9  (o) Information that is prohibited from being 
10 disclosed under Section 4 of the Illinois Health and 
11 Hazardous Substances Registry Act.
12  (p) Security portions of system safety program plans, 
13 investigation reports, surveys, schedules, lists, data, or 
14 information compiled, collected, or prepared by or for the 
15 Department of Transportation under Sections 2705-300 and 
16 2705-616 of the Department of Transportation Law of the 
17 Civil Administrative Code of Illinois, the Regional 
18 Transportation Authority under Section 2.11 of the 
19 Regional Transportation Authority Act, or the St. Clair 
20 County Transit District under the Bi-State Transit Safety 
21 Act (repealed). 
22  (q) Information prohibited from being disclosed by the 
23 Personnel Record Review Act. 
24  (r) Information prohibited from being disclosed by the 
25 Illinois School Student Records Act. 
26  (s) Information the disclosure of which is restricted 
 
 
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1 under Section 5-108 of the Public Utilities Act. 
2  (t) (Blank). 
3  (u) Records and information provided to an independent 
4 team of experts under the Developmental Disability and 
5 Mental Health Safety Act (also known as Brian's Law). 
6  (v) Names and information of people who have applied 
7 for or received Firearm Owner's Identification Cards under 
8 the Firearm Owners Identification Card Act or applied for 
9 or received a concealed carry license under the Firearm 
10 Concealed Carry Act, unless otherwise authorized by the 
11 Firearm Concealed Carry Act; and databases under the 
12 Firearm Concealed Carry Act, records of the Concealed 
13 Carry Licensing Review Board under the Firearm Concealed 
14 Carry Act, and law enforcement agency objections under the 
15 Firearm Concealed Carry Act. 
16  (v-5) Records of the Firearm Owner's Identification 
17 Card Review Board that are exempted from disclosure under 
18 Section 10 of the Firearm Owners Identification Card Act.
19  (w) Personally identifiable information which is 
20 exempted from disclosure under subsection (g) of Section 
21 19.1 of the Toll Highway Act.
22  (x) Information which is exempted from disclosure 
23 under Section 5-1014.3 of the Counties Code or Section 
24 8-11-21 of the Illinois Municipal Code. 
25  (y) Confidential information under the Adult 
26 Protective Services Act and its predecessor enabling 
 
 
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1 statute, the Elder Abuse and Neglect Act, including 
2 information about the identity and administrative finding 
3 against any caregiver of a verified and substantiated 
4 decision of abuse, neglect, or financial exploitation of 
5 an eligible adult maintained in the Registry established 
6 under Section 7.5 of the Adult Protective Services Act. 
7  (z) Records and information provided to a fatality 
8 review team or the Illinois Fatality Review Team Advisory 
9 Council under Section 15 of the Adult Protective Services 
10 Act. 
11  (aa) Information which is exempted from disclosure 
12 under Section 2.37 of the Wildlife Code. 
13  (bb) Information which is or was prohibited from 
14 disclosure by the Juvenile Court Act of 1987. 
15  (cc) Recordings made under the Law Enforcement 
16 Officer-Worn Body Camera Act, except to the extent 
17 authorized under that Act.
18  (dd) Information that is prohibited from being 
19 disclosed under Section 45 of the Condominium and Common 
20 Interest Community Ombudsperson Act. 
21  (ee) Information that is exempted from disclosure 
22 under Section 30.1 of the Pharmacy Practice Act. 
23  (ff) Information that is exempted from disclosure 
24 under the Revised Uniform Unclaimed Property Act. 
25  (gg) Information that is prohibited from being 
26 disclosed under Section 7-603.5 of the Illinois Vehicle 
 
 
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1 Code. 
2  (hh) Records that are exempt from disclosure under 
3 Section 1A-16.7 of the Election Code. 
4  (ii) Information which is exempted from disclosure 
5 under Section 2505-800 of the Department of Revenue Law of 
6 the Civil Administrative Code of Illinois. 
7  (jj) Information and reports that are required to be 
8 submitted to the Department of Labor by registering day 
9 and temporary labor service agencies but are exempt from 
10 disclosure under subsection (a-1) of Section 45 of the Day 
11 and Temporary Labor Services Act. 
12  (kk) Information prohibited from disclosure under the 
13 Seizure and Forfeiture Reporting Act. 
14  (ll) Information the disclosure of which is restricted 
15 and exempted under Section 5-30.8 of the Illinois Public 
16 Aid Code. 
17  (mm) Records that are exempt from disclosure under 
18 Section 4.2 of the Crime Victims Compensation Act. 
19  (nn) Information that is exempt from disclosure under 
20 Section 70 of the Higher Education Student Assistance Act. 
21  (oo) Communications, notes, records, and reports 
22 arising out of a peer support counseling session 
23 prohibited from disclosure under the First Responders 
24 Suicide Prevention Act. 
25  (pp) Names and all identifying information relating to 
26 an employee of an emergency services provider or law 
 
 
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1 enforcement agency under the First Responders Suicide 
2 Prevention Act. 
3  (qq) Information and records held by the Department of 
4 Public Health and its authorized representatives collected 
5 under the Reproductive Health Act. 
6  (rr) Information that is exempt from disclosure under 
7 the Cannabis Regulation and Tax Act. 
8  (ss) Data reported by an employer to the Department of 
9 Human Rights pursuant to Section 2-108 of the Illinois 
10 Human Rights Act.
11  (tt) Recordings made under the Children's Advocacy 
12 Center Act, except to the extent authorized under that 
13 Act. 
14  (uu) Information that is exempt from disclosure under 
15 Section 50 of the Sexual Assault Evidence Submission Act. 
16  (vv) Information that is exempt from disclosure under 
17 subsections (f) and (j) of Section 5-36 of the Illinois 
18 Public Aid Code. 
19  (ww) Information that is exempt from disclosure under 
20 Section 16.8 of the State Treasurer Act. 
21  (xx) Information that is exempt from disclosure or 
22 information that shall not be made public under the 
23 Illinois Insurance Code. 
24  (yy) Information prohibited from being disclosed under 
25 the Illinois Educational Labor Relations Act.
26  (zz) Information prohibited from being disclosed under 
 
 
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1 the Illinois Public Labor Relations Act. 
2  (aaa) Information prohibited from being disclosed 
3 under Section 1-167 of the Illinois Pension Code. 
4  (bbb) Information that is prohibited from disclosure 
5 by the Illinois Police Training Act and the Illinois State 
6 Police Act. 
7  (ccc) Records exempt from disclosure under Section 
8 2605-304 of the Illinois State Police Law of the Civil 
9 Administrative Code of Illinois. 
10  (ddd) Information prohibited from being disclosed 
11 under Section 35 of the Address Confidentiality for 
12 Victims of Domestic Violence, Sexual Assault, Human 
13 Trafficking, or Stalking Act. 
14  (eee) Information prohibited from being disclosed 
15 under subsection (b) of Section 75 of the Domestic 
16 Violence Fatality Review Act. 
17  (fff) Images from cameras under the Expressway Camera 
18 Act. This subsection (fff) is inoperative on and after 
19 July 1, 2025. 
20  (ggg) Information prohibited from disclosure under 
21 paragraph (3) of subsection (a) of Section 14 of the Nurse 
22 Agency Licensing Act. 
23  (hhh) (Blank). Information submitted to the Illinois 
24 State Police in an affidavit or application for an assault 
25 weapon endorsement, assault weapon attachment endorsement, 
26 .50 caliber rifle endorsement, or .50 caliber cartridge 
 
 
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1 endorsement under the Firearm Owners Identification Card 
2 Act. 
3  (iii) Data exempt from disclosure under Section 50 of 
4 the School Safety Drill Act. 
5  (jjj) Information exempt from disclosure under Section 
6 30 of the Insurance Data Security Law. 
7  (kkk) Confidential business information prohibited 
8 from disclosure under Section 45 of the Paint Stewardship 
9 Act. 
10  (lll) Data exempt from disclosure under Section 
11 2-3.196 of the School Code. 
12  (mmm) Information prohibited from being disclosed 
13 under subsection (e) of Section 1-129 of the Illinois 
14 Power Agency Act. 
15  (nnn) Materials received by the Department of Commerce 
16 and Economic Opportunity that are confidential under the 
17 Music and Musicians Tax Credit and Jobs Act. 
18  (ooo) (nnn) Data or information provided pursuant to 
19 Section 20 of the Statewide Recycling Needs and Assessment 
20 Act. 
21  (ppp) (nnn) Information that is exempt from disclosure 
22 under Section 28-11 of the Lawful Health Care Activity 
23 Act. 
24  (qqq) (nnn) Information that is exempt from disclosure 
25 under Section 7-101 of the Illinois Human Rights Act. 
26  (rrr) (mmm) Information prohibited from being 
 
 
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1 disclosed under Section 4-2 of the Uniform Money 
2 Transmission Modernization Act. 
3  (sss) (nnn) Information exempt from disclosure under 
4 Section 40 of the Student-Athlete Endorsement Rights Act.
5(Source: P.A. 102-36, eff. 6-25-21; 102-237, eff. 1-1-22; 
6102-292, eff. 1-1-22; 102-520, eff. 8-20-21; 102-559, eff. 
78-20-21; 102-813, eff. 5-13-22; 102-946, eff. 7-1-22; 
8102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; 103-8, eff. 
96-7-23; 103-34, eff. 6-9-23; 103-142, eff. 1-1-24; 103-372, 
10eff. 1-1-24; 103-472, eff. 8-1-24; 103-508, eff. 8-4-23; 
11103-580, eff. 12-8-23; 103-592, eff. 6-7-24; 103-605, eff. 
127-1-24; 103-636, eff. 7-1-24; 103-724, eff. 1-1-25; 103-786, 
13eff. 8-7-24; 103-859, eff. 8-9-24; 103-991, eff. 8-9-24; 
14103-1049, eff. 8-9-24; revised 10-10-24.)

15 Section 10. The Firearm Owners Identification Card Act is 
16amended by changing Section 8 as follows:

17 (430 ILCS 65/8) (from Ch. 38, par. 83-8)
18 Sec. 8. Grounds for denial and revocation. The Illinois 
19State Police has authority to deny an application for or to 
20revoke and seize a Firearm Owner's Identification Card 
21previously issued under this Act only if the Illinois State 
22Police finds that the applicant or the person to whom such card 
23was issued is or was at the time of issuance:
24  (a) A person under 21 years of age who has been 
 
 
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1 convicted of a misdemeanor other than a traffic offense or 
2 adjudged delinquent;
3  (b) This subsection (b) applies through the 180th day 
4 following July 12, 2019 (the effective date of Public Act 
5 101-80). A person under 21 years of age who does not have 
6 the written consent of his parent or guardian to acquire 
7 and possess firearms and firearm ammunition, or whose 
8 parent or guardian has revoked such written consent, or 
9 where such parent or guardian does not qualify to have a 
10 Firearm Owner's Identification Card;
11  (b-5) This subsection (b-5) applies on and after the 
12 181st day following July 12, 2019 (the effective date of 
13 Public Act 101-80). A person under 21 years of age who is 
14 not an active duty member of the United States Armed 
15 Forces or the Illinois National Guard and does not have 
16 the written consent of his or her parent or guardian to 
17 acquire and possess firearms and firearm ammunition, or 
18 whose parent or guardian has revoked such written consent, 
19 or where such parent or guardian does not qualify to have a 
20 Firearm Owner's Identification Card; 
21  (c) A person convicted of a felony under the laws of 
22 this or any other jurisdiction;
23  (d) A person addicted to narcotics;
24  (e) A person who has been a patient of a mental health 
25 facility within the past 5 years or a person who has been a 
26 patient in a mental health facility more than 5 years ago 
 
 
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1 who has not received the certification required under 
2 subsection (u) of this Section. An active law enforcement 
3 officer employed by a unit of government or a Department 
4 of Corrections employee authorized to possess firearms who 
5 is denied, revoked, or has his or her Firearm Owner's 
6 Identification Card seized under this subsection (e) may 
7 obtain relief as described in subsection (c-5) of Section 
8 10 of this Act if the officer or employee did not act in a 
9 manner threatening to the officer or employee, another 
10 person, or the public as determined by the treating 
11 clinical psychologist or physician, and the officer or 
12 employee seeks mental health treatment;
13  (f) A person whose mental condition is of such a 
14 nature that it poses a clear and present danger to the 
15 applicant, any other person or persons, or the community;
16  (g) A person who has an intellectual disability;
17  (h) A person who intentionally makes a false statement 
18 in the Firearm Owner's Identification Card application or 
19 endorsement affidavit;
20  (i) A noncitizen who is unlawfully present in the 
21 United States under the laws of the United States;
22  (i-5) A noncitizen who has been admitted to the United 
23 States under a non-immigrant visa (as that term is defined 
24 in Section 101(a)(26) of the Immigration and Nationality 
25 Act (8 U.S.C. 1101(a)(26))), except that this subsection 
26 (i-5) does not apply to any noncitizen who has been 
 
 
HB1040- 23 -LRB104 03254 RLC 13276 b


1 lawfully admitted to the United States under a 
2 non-immigrant visa if that noncitizen is:
3   (1) admitted to the United States for lawful 
4 hunting or sporting purposes;
5   (2) an official representative of a foreign 
6 government who is:
7    (A) accredited to the United States Government 
8 or the Government's mission to an international 
9 organization having its headquarters in the United 
10 States; or
11    (B) en route to or from another country to 
12 which that noncitizen is accredited;
13   (3) an official of a foreign government or 
14 distinguished foreign visitor who has been so 
15 designated by the Department of State;
16   (4) a foreign law enforcement officer of a 
17 friendly foreign government entering the United States 
18 on official business; or
19   (5) one who has received a waiver from the 
20 Attorney General of the United States pursuant to 18 
21 U.S.C. 922(y)(3);
22  (j) (Blank);
23  (k) A person who has been convicted within the past 5 
24 years of battery, assault, aggravated assault, violation 
25 of an order of protection, or a substantially similar 
26 offense in another jurisdiction, in which a firearm was 
 
 
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1 used or possessed;
2  (l) A person who has been convicted of domestic 
3 battery, aggravated domestic battery, or a substantially 
4 similar offense in another jurisdiction committed before, 
5 on or after January 1, 2012 (the effective date of Public 
6 Act 97-158). If the applicant or person who has been 
7 previously issued a Firearm Owner's Identification Card 
8 under this Act knowingly and intelligently waives the 
9 right to have an offense described in this paragraph (l) 
10 tried by a jury, and by guilty plea or otherwise, results 
11 in a conviction for an offense in which a domestic 
12 relationship is not a required element of the offense but 
13 in which a determination of the applicability of 18 U.S.C. 
14 922(g)(9) is made under Section 112A-11.1 of the Code of 
15 Criminal Procedure of 1963, an entry by the court of a 
16 judgment of conviction for that offense shall be grounds 
17 for denying an application for and for revoking and 
18 seizing a Firearm Owner's Identification Card previously 
19 issued to the person under this Act;
20  (m) (Blank);
21  (n) A person who is prohibited from acquiring or 
22 possessing firearms or firearm ammunition by any Illinois 
23 State statute or by federal law;
24  (o) A minor subject to a petition filed under Section 
25 5-520 of the Juvenile Court Act of 1987 alleging that the 
26 minor is a delinquent minor for the commission of an 
 
 
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1 offense that if committed by an adult would be a felony; 
2  (p) An adult who had been adjudicated a delinquent 
3 minor under the Juvenile Court Act of 1987 for the 
4 commission of an offense that if committed by an adult 
5 would be a felony;
6  (q) A person who is not a resident of the State of 
7 Illinois, except as provided in subsection (a-10) of 
8 Section 4; 
9  (r) A person who has been adjudicated as a person with 
10 a mental disability; 
11  (s) A person who has been found to have a 
12 developmental disability; 
13  (t) A person involuntarily admitted into a mental 
14 health facility; or 
15  (u) A person who has had his or her Firearm Owner's 
16 Identification Card revoked or denied under subsection (e) 
17 of this Section or item (iv) of paragraph (2) of 
18 subsection (a) of Section 4 of this Act because he or she 
19 was a patient in a mental health facility as provided in 
20 subsection (e) of this Section, shall not be permitted to 
21 obtain a Firearm Owner's Identification Card, after the 
22 5-year period has lapsed, unless he or she has received a 
23 mental health evaluation by a physician, clinical 
24 psychologist, or qualified examiner as those terms are 
25 defined in the Mental Health and Developmental 
26 Disabilities Code, and has received a certification that 
 
 
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1 he or she is not a clear and present danger to himself, 
2 herself, or others. The physician, clinical psychologist, 
3 or qualified examiner making the certification and his or 
4 her employer shall not be held criminally, civilly, or 
5 professionally liable for making or not making the 
6 certification required under this subsection, except for 
7 willful or wanton misconduct. This subsection does not 
8 apply to a person whose firearm possession rights have 
9 been restored through administrative or judicial action 
10 under Section 10 or 11 of this Act. 
11 Upon revocation of a person's Firearm Owner's 
12Identification Card, the Illinois State Police shall provide 
13notice to the person and the person shall comply with Section 
149.5 of this Act. 
15(Source: P.A. 101-80, eff. 7-12-19; 102-538, eff. 8-20-21; 
16102-645, eff. 1-1-22; 102-813, eff. 5-13-22; 102-1030, eff. 
175-27-22; 102-1116, eff. 1-10-23.)

18 (430 ILCS 65/4.1 rep.)
19 Section 15. The Firearm Owners Identification Card Act is 
20amended by repealing Section 4.1.

21 Section 20. The Firearms Restraining Order Act is amended 
22by changing Sections 40, 45, and 55 as follows:

23 (430 ILCS 67/40)
 
 
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1 Sec. 40. Plenary Six-month orders. 
2 (a) A petitioner may request a 6-month firearms 
3restraining order for up to one year by filing an affidavit or 
4verified pleading alleging that the respondent poses a 
5significant danger of causing personal injury to himself, 
6herself, or another in the near future by having in his or her 
7custody or control, purchasing, possessing, or receiving a 
8firearm, ammunition, and firearm parts that could be assembled 
9to make an operable firearm. The petition shall also describe 
10the number, types, and locations of any firearms, ammunition, 
11and firearm parts that could be assembled to make an operable 
12firearm presently believed by the petitioner to be possessed 
13or controlled by the respondent. The firearms restraining 
14order may be renewed for an additional period of up to one year 
15in accordance with Section 45 of this Act. 
16 (b) If the respondent is alleged to pose a significant 
17danger of causing personal injury to an intimate partner, or 
18an intimate partner is alleged to have been the target of a 
19threat or act of violence by the respondent, the petitioner 
20shall make a good faith effort to provide notice to any and all 
21intimate partners of the respondent. The notice must include 
22the duration of time that the petitioner intends to petition 
23the court for a 6-month firearms restraining order, and, if 
24the petitioner is a law enforcement officer, referral to 
25relevant domestic violence or stalking advocacy or counseling 
26resources, if appropriate. The petitioner shall attest to 
 
 
HB1040- 28 -LRB104 03254 RLC 13276 b


1having provided the notice in the filed affidavit or verified 
2pleading. If, after making a good faith effort, the petitioner 
3is unable to provide notice to any or all intimate partners, 
4the affidavit or verified pleading should describe what 
5efforts were made.
6 (c) Every person who files a petition for a plenary 
76-month firearms restraining order, knowing the information 
8provided to the court at any hearing or in the affidavit or 
9verified pleading to be false, is guilty of perjury under 
10Section 32-2 of the Criminal Code of 2012. 
11 (d) Upon receipt of a petition for a plenary 6-month 
12firearms restraining order, the court shall order a hearing 
13within 30 days. 
14 (e) In determining whether to issue a firearms restraining 
15order under this Section, the court shall consider evidence 
16including, but not limited to, the following: 
17  (1) The unlawful and reckless use, display, or 
18 brandishing of a firearm, ammunition, and firearm parts 
19 that could be assembled to make an operable firearm by the 
20 respondent. 
21  (2) The history of use, attempted use, or threatened 
22 use of physical force by the respondent against another 
23 person. 
24  (3) Any prior arrest of the respondent for a felony 
25 offense.
26  (4) Evidence of the abuse of controlled substances or 
 
 
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1 alcohol by the respondent.
2  (5) A recent threat of violence or act of violence by 
3 the respondent directed toward himself, herself, or 
4 another.
5  (6) A violation of an emergency order of protection 
6 issued under Section 217 of the Illinois Domestic Violence 
7 Act of 1986 or Section 112A-17 of the Code of Criminal 
8 Procedure of 1963 or of an order of protection issued 
9 under Section 214 of the Illinois Domestic Violence Act of 
10 1986 or Section 112A-14 of the Code of Criminal Procedure 
11 of 1963. 
12  (7) A pattern of violent acts or violent threats, 
13 including, but not limited to, threats of violence or acts 
14 of violence by the respondent directed toward himself, 
15 herself, or another.
16 (f) At the hearing, the petitioner shall have the burden 
17of proving, by clear and convincing evidence, that the 
18respondent poses a significant danger of personal injury to 
19himself, herself, or another by having in his or her custody or 
20control, purchasing, possessing, or receiving a firearm, 
21ammunition, and firearm parts that could be assembled to make 
22an operable firearm.
23 (g) If the court finds that there is clear and convincing 
24evidence to issue a plenary firearms restraining order, the 
25court shall issue a firearms restraining order that shall be 
26in effect for up to one year, but not less than 6 months, 6 
 
 
HB1040- 30 -LRB104 03254 RLC 13276 b


1months subject to renewal under Section 45 of this Act or 
2termination under that Section. 
3 (g-5) If the court issues a plenary 6-month firearms 
4restraining order, it shall, upon a finding of probable cause 
5that the respondent possesses firearms, ammunition, and 
6firearm parts that could be assembled to make an operable 
7firearm, issue a search warrant directing a law enforcement 
8agency to seize the respondent's firearms, ammunition, and 
9firearm parts that could be assembled to make an operable 
10firearm. The court may, as part of that warrant, direct the law 
11enforcement agency to search the respondent's residence and 
12other places where the court finds there is probable cause to 
13believe he or she is likely to possess the firearms, 
14ammunition, and firearm parts that could be assembled to make 
15an operable firearm. A return of the search warrant shall be 
16filed by the law enforcement agency within 4 days thereafter, 
17setting forth the time, date, and location that the search 
18warrant was executed and what items, if any, were seized. 
19 (h) A plenary 6-month firearms restraining order shall 
20require:
21  (1) the respondent to refrain from having in his or 
22 her custody or control, purchasing, possessing, or 
23 receiving additional firearms, ammunition, and firearm 
24 parts that could be assembled to make an operable firearm 
25 for the duration of the order under Section 8.2 of the 
26 Firearm Owners Identification Card Act; and
 
 
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1  (2) the respondent to comply with Section 9.5 of the 
2 Firearm Owners Identification Card Act and subsection (g) 
3 of Section 70 of the Firearm Concealed Carry Act.
4 (i) Except as otherwise provided in subsection (i-5) of 
5this Section, upon expiration of the period of safekeeping, if 
6the firearms, ammunition, and firearm parts that could be 
7assembled to make an operable firearm or Firearm Owner's 
8Identification Card cannot be returned to the respondent 
9because the respondent cannot be located, fails to respond to 
10requests to retrieve the firearms, ammunition, and firearm 
11parts that could be assembled to make an operable firearm, or 
12is not lawfully eligible to possess a firearm, ammunition, and 
13firearm parts that could be assembled to make an operable 
14firearm, upon petition from the local law enforcement agency, 
15the court may order the local law enforcement agency to 
16destroy the firearms, ammunition, and firearm parts that could 
17be assembled to make an operable firearm, use the firearms, 
18ammunition, and firearm parts that could be assembled to make 
19an operable firearm for training purposes, or use the 
20firearms, ammunition, and firearm parts that could be 
21assembled to make an operable firearm for any other 
22application as deemed appropriate by the local law enforcement 
23agency.
24 (i-5) A respondent whose Firearm Owner's Identification 
25Card has been revoked or suspended may petition the court, if 
26the petitioner is present in court or has notice of the 
 
 
HB1040- 32 -LRB104 03254 RLC 13276 b


1respondent's petition, to transfer the respondent's firearm, 
2ammunition, and firearm parts that could be assembled to make 
3an operable firearm to a person who is lawfully able to possess 
4the firearm, ammunition, and firearm parts that could be 
5assembled to make an operable firearm if the person does not 
6reside at the same address as the respondent. Notice of the 
7petition shall be served upon the person protected by the 
8emergency firearms restraining order. While the order is in 
9effect, the transferee who receives the respondent's firearms, 
10ammunition, and firearm parts that could be assembled to make 
11an operable firearm must swear or affirm by affidavit that he 
12or she shall not transfer the firearm, ammunition, and firearm 
13parts that could be assembled to make an operable firearm to 
14the respondent or to anyone residing in the same residence as 
15the respondent.
16 (i-6) If a person other than the respondent claims title 
17to any firearms, ammunition, and firearm parts that could be 
18assembled to make an operable firearm surrendered under this 
19Section, he or she may petition the court, if the petitioner is 
20present in court or has notice of the petition, to have the 
21firearm, ammunition, and firearm parts that could be assembled 
22to make an operable firearm returned to him or her. If the 
23court determines that person to be the lawful owner of the 
24firearm, ammunition, and firearm parts that could be assembled 
25to make an operable firearm, the firearm, ammunition, and 
26firearm parts that could be assembled to make an operable 
 
 
HB1040- 33 -LRB104 03254 RLC 13276 b


1firearm shall be returned to him or her, provided that:
2  (1) the firearm, ammunition, and firearm parts that 
3 could be assembled to make an operable firearm are removed 
4 from the respondent's custody, control, or possession and 
5 the lawful owner agrees to store the firearm, ammunition, 
6 and firearm parts that could be assembled to make an 
7 operable firearm in a manner such that the respondent does 
8 not have access to or control of the firearm, ammunition, 
9 and firearm parts that could be assembled to make an 
10 operable firearm; and
11  (2) the firearm, ammunition, and firearm parts that 
12 could be assembled to make an operable firearm are not 
13 otherwise unlawfully possessed by the owner.
14 The person petitioning for the return of his or her 
15firearm, ammunition, and firearm parts that could be assembled 
16to make an operable firearm must swear or affirm by affidavit 
17that he or she: (i) is the lawful owner of the firearm, 
18ammunition, and firearm parts that could be assembled to make 
19an operable firearm; (ii) shall not transfer the firearm, 
20ammunition, and firearm parts that could be assembled to make 
21an operable firearm to the respondent; and (iii) will store 
22the firearm, ammunition, and firearm parts that could be 
23assembled to make an operable firearm in a manner that the 
24respondent does not have access to or control of the firearm, 
25ammunition, and firearm parts that could be assembled to make 
26an operable firearm. 
 
 
HB1040- 34 -LRB104 03254 RLC 13276 b


1 (j) If the court does not issue a firearms restraining 
2order at the hearing, the court shall dissolve any emergency 
3firearms restraining order then in effect.
4 (k) When the court issues a firearms restraining order 
5under this Section, the court shall inform the respondent that 
6he or she is entitled to one hearing during the period of the 
7order to request a termination of the order, under Section 45 
8of this Act, and shall provide the respondent with a form to 
9request a hearing. 
10(Source: P.A. 101-81, eff. 7-12-19; 102-237, eff. 1-1-22; 
11102-345, eff. 6-1-22; 102-538, eff. 8-20-21; 102-813, eff. 
125-13-22; 102-1116, eff. 1-10-23.)

13 (430 ILCS 67/45)
14 Sec. 45. Termination and renewal. 
15 (a) A person subject to a firearms restraining order 
16issued under this Act may submit one written request at any 
17time during the effective period of the order for a hearing to 
18terminate the order.
19  (1) The respondent shall have the burden of proving by 
20 a preponderance of the evidence that the respondent does 
21 not pose a danger of causing personal injury to himself, 
22 herself, or another in the near future by having in his or 
23 her custody or control, purchasing, possessing, or 
24 receiving a firearm, ammunition, and firearm parts that 
25 could be assembled to make an operable firearm.
 
 
HB1040- 35 -LRB104 03254 RLC 13276 b


1  (2) If the court finds after the hearing that the 
2 respondent has met his or her burden, the court shall 
3 terminate the order. 
4 (b) A petitioner may request a renewal of a firearms 
5restraining order at any time within the 3 months before the 
6expiration of a firearms restraining order.
7  (1) A court shall, after notice and a hearing, renew a 
8 firearms restraining order issued under this part if the 
9 petitioner proves, by clear and convincing evidence, that 
10 the respondent continues to pose a danger of causing 
11 personal injury to himself, herself, or another in the 
12 near future by having in his or her custody or control, 
13 purchasing, possessing, or receiving a firearm, 
14 ammunition, and firearm parts that could be assembled to 
15 make an operable firearm.
16  (2) In determining whether to renew a firearms 
17 restraining order issued under this Act, the court shall 
18 consider evidence of the facts identified in subsection 
19 (e) of Section 40 of this Act and any other evidence of an 
20 increased risk for violence. 
21  (3) At the hearing, the petitioner shall have the 
22 burden of proving by clear and convincing evidence that 
23 the respondent continues to pose a danger of causing 
24 personal injury to himself, herself, or another in the 
25 near future by having in his or her custody or control, 
26 purchasing, possessing, or receiving a firearm, 
 
 
HB1040- 36 -LRB104 03254 RLC 13276 b


1 ammunition, and firearm parts that could be assembled to 
2 make an operable firearm.
3  (4) The renewal of a firearms restraining order issued 
4 under this Section shall be in effect for 6 months up to 
5 one year and may be renewed for an additional period of up 
6 to one year, subject to termination by further order of 
7 the court at a hearing held under this Section and further 
8 renewal by further order of the court under this Section.
9(Source: P.A. 101-81, eff. 7-12-19; 102-345, eff. 6-1-22; 
10102-1116, eff. 1-10-23.)

11 (430 ILCS 67/55)
12 Sec. 55. Data maintenance by law enforcement agencies. 
13 (a) All sheriffs shall furnish to the Illinois State 
14Police, daily, in the form and detail the Illinois State 
15Police requires, copies of any recorded firearms restraining 
16orders issued by the court, and any foreign orders of 
17protection filed by the clerk of the court, and transmitted to 
18the sheriff by the clerk of the court under Section 50. Each 
19firearms restraining order shall be entered in the Law 
20Enforcement Agencies Data System (LEADS) on the same day it is 
21issued by the court. If an emergency firearms restraining 
22order was issued in accordance with Section 35 of this Act, the 
23order shall be entered in the Law Enforcement Agencies Data 
24System (LEADS) as soon as possible after receipt from the 
25clerk.
 
 
HB1040- 37 -LRB104 03254 RLC 13276 b


1 (b) The Illinois State Police shall maintain a complete 
2and systematic record and index of all valid and recorded 
3firearms restraining orders issued or filed under this Act. 
4The data shall be used to inform all dispatchers and law 
5enforcement officers at the scene of a violation of a firearms 
6restraining order of the effective dates and terms of any 
7recorded order of protection. 
8 (c) The data, records, and transmittals required under 
9this Section shall pertain to any valid emergency or plenary 
106-month firearms restraining order, whether issued in a civil 
11or criminal proceeding or authorized under the laws of another 
12state, tribe, or United States territory. 
13(Source: P.A. 101-81, eff. 7-12-19; 102-538, eff. 8-20-21; 
14102-1116, eff. 1-10-23.)

15 Section 25. The Criminal Code of 2012 is amended by 
16changing Section 24-1 as follows:

17 (720 ILCS 5/24-1) (from Ch. 38, par. 24-1)
18 (Text of Section before amendment by P.A. 103-822)
19 Sec. 24-1. Unlawful use of weapons. 
20 (a) A person commits the offense of unlawful use of 
21weapons when he knowingly:
22  (1) Sells, manufactures, purchases, possesses or 
23 carries any bludgeon, black-jack, slung-shot, sand-club, 
24 sand-bag, metal knuckles or other knuckle weapon 
 
 
HB1040- 38 -LRB104 03254 RLC 13276 b


1 regardless of its composition, throwing star, or any 
2 knife, commonly referred to as a switchblade knife, which 
3 has a blade that opens automatically by hand pressure 
4 applied to a button, spring or other device in the handle 
5 of the knife, or a ballistic knife, which is a device that 
6 propels a knifelike blade as a projectile by means of a 
7 coil spring, elastic material or compressed gas; or
8  (2) Carries or possesses with intent to use the same 
9 unlawfully against another, a dagger, dirk, billy, 
10 dangerous knife, razor, stiletto, broken bottle or other 
11 piece of glass, stun gun or taser or any other dangerous or 
12 deadly weapon or instrument of like character; or
13  (2.5) Carries or possesses with intent to use the same 
14 unlawfully against another, any firearm in a church, 
15 synagogue, mosque, or other building, structure, or place 
16 used for religious worship; or 
17  (3) Carries on or about his person or in any vehicle, a 
18 tear gas gun projector or bomb or any object containing 
19 noxious liquid gas or substance, other than an object 
20 containing a non-lethal noxious liquid gas or substance 
21 designed solely for personal defense carried by a person 
22 18 years of age or older; or
23  (4) Carries or possesses in any vehicle or concealed 
24 on or about his person except when on his land or in his 
25 own abode, legal dwelling, or fixed place of business, or 
26 on the land or in the legal dwelling of another person as 
 
 
HB1040- 39 -LRB104 03254 RLC 13276 b


1 an invitee with that person's permission, any pistol, 
2 revolver, stun gun or taser or other firearm, except that 
3 this subsection (a)(4) does not apply to or affect 
4 transportation of weapons that meet one of the following 
5 conditions:
6   (i) are broken down in a non-functioning state; or
7   (ii) are not immediately accessible; or
8   (iii) are unloaded and enclosed in a case, firearm 
9 carrying box, shipping box, or other container by a 
10 person who has been issued a currently valid Firearm 
11 Owner's Identification Card; or
12   (iv) are carried or possessed in accordance with 
13 the Firearm Concealed Carry Act by a person who has 
14 been issued a currently valid license under the 
15 Firearm Concealed Carry Act; or 
16  (5) Sets a spring gun; or
17  (6) Possesses any device or attachment of any kind 
18 designed, used or intended for use in silencing the report 
19 of any firearm; or
20  (7) Sells, manufactures, purchases, possesses or 
21 carries:
22   (i) a machine gun, which shall be defined for the 
23 purposes of this subsection as any weapon, which 
24 shoots, is designed to shoot, or can be readily 
25 restored to shoot, automatically more than one shot 
26 without manually reloading by a single function of the 
 
 
HB1040- 40 -LRB104 03254 RLC 13276 b


1 trigger, including the frame or receiver of any such 
2 weapon, or sells, manufactures, purchases, possesses, 
3 or carries any combination of parts designed or 
4 intended for use in converting any weapon into a 
5 machine gun, or any combination or parts from which a 
6 machine gun can be assembled if such parts are in the 
7 possession or under the control of a person;
8   (ii) any rifle having one or more barrels less 
9 than 16 inches in length or a shotgun having one or 
10 more barrels less than 18 inches in length or any 
11 weapon made from a rifle or shotgun, whether by 
12 alteration, modification, or otherwise, if such a 
13 weapon as modified has an overall length of less than 
14 26 inches; or
15   (iii) any bomb, bomb-shell, grenade, bottle or 
16 other container containing an explosive substance of 
17 over one-quarter ounce for like purposes, such as, but 
18 not limited to, black powder bombs and Molotov 
19 cocktails or artillery projectiles; or
20  (8) Carries or possesses any firearm, stun gun or 
21 taser or other deadly weapon in any place which is 
22 licensed to sell intoxicating beverages, or at any public 
23 gathering held pursuant to a license issued by any 
24 governmental body or any public gathering at which an 
25 admission is charged, excluding a place where a showing, 
26 demonstration or lecture involving the exhibition of 
 
 
HB1040- 41 -LRB104 03254 RLC 13276 b


1 unloaded firearms is conducted.
2  This subsection (a)(8) does not apply to any auction 
3 or raffle of a firearm held pursuant to a license or permit 
4 issued by a governmental body, nor does it apply to 
5 persons engaged in firearm safety training courses; or
6  (9) Carries or possesses in a vehicle or on or about 
7 his or her person any pistol, revolver, stun gun or taser 
8 or firearm or ballistic knife, when he or she is hooded, 
9 robed or masked in such manner as to conceal his or her 
10 identity; or
11  (10) Carries or possesses on or about his or her 
12 person, upon any public street, alley, or other public 
13 lands within the corporate limits of a city, village, or 
14 incorporated town, except when an invitee thereon or 
15 therein, for the purpose of the display of such weapon or 
16 the lawful commerce in weapons, or except when on his land 
17 or in his or her own abode, legal dwelling, or fixed place 
18 of business, or on the land or in the legal dwelling of 
19 another person as an invitee with that person's 
20 permission, any pistol, revolver, stun gun, or taser or 
21 other firearm, except that this subsection (a)(10) does 
22 not apply to or affect transportation of weapons that meet 
23 one of the following conditions:
24   (i) are broken down in a non-functioning state; or
25   (ii) are not immediately accessible; or
26   (iii) are unloaded and enclosed in a case, firearm 
 
 
HB1040- 42 -LRB104 03254 RLC 13276 b


1 carrying box, shipping box, or other container by a 
2 person who has been issued a currently valid Firearm 
3 Owner's Identification Card; or
4   (iv) are carried or possessed in accordance with 
5 the Firearm Concealed Carry Act by a person who has 
6 been issued a currently valid license under the 
7 Firearm Concealed Carry Act. 
8  A "stun gun or taser", as used in this paragraph (a) 
9 means (i) any device which is powered by electrical 
10 charging units, such as, batteries, and which fires one or 
11 several barbs attached to a length of wire and which, upon 
12 hitting a human, can send out a current capable of 
13 disrupting the person's nervous system in such a manner as 
14 to render him incapable of normal functioning or (ii) any 
15 device which is powered by electrical charging units, such 
16 as batteries, and which, upon contact with a human or 
17 clothing worn by a human, can send out current capable of 
18 disrupting the person's nervous system in such a manner as 
19 to render him incapable of normal functioning; or
20  (11) Sells, manufactures, delivers, imports, 
21 possesses, or purchases any assault weapon attachment or 
22 .50 caliber cartridge in violation of Section 24-1.9 or 
23 any explosive bullet. For purposes of this paragraph (a) 
24 "explosive bullet" means the projectile portion of an 
25 ammunition cartridge which contains or carries an 
26 explosive charge which will explode upon contact with the 
 
 
HB1040- 43 -LRB104 03254 RLC 13276 b


1 flesh of a human or an animal. "Cartridge" means a tubular 
2 metal case having a projectile affixed at the front 
3 thereof and a cap or primer at the rear end thereof, with 
4 the propellant contained in such tube between the 
5 projectile and the cap; or
6  (12) (Blank); or
7  (13) Carries or possesses on or about his or her 
8 person while in a building occupied by a unit of 
9 government, a billy club, other weapon of like character, 
10 or other instrument of like character intended for use as 
11 a weapon. For the purposes of this Section, "billy club" 
12 means a short stick or club commonly carried by police 
13 officers which is either telescopic or constructed of a 
14 solid piece of wood or other man-made material; or
15  (14) Manufactures, possesses, sells, or offers to 
16 sell, purchase, manufacture, import, transfer, or use any 
17 device, part, kit, tool, accessory, or combination of 
18 parts that is designed to and functions to increase the 
19 rate of fire of a semiautomatic firearm above the standard 
20 rate of fire for semiautomatic firearms that is not 
21 equipped with that device, part, or combination of parts; 
22 or
23  (15) Carries or possesses any assault weapon or .50 
24 caliber rifle in violation of Section 24-1.9; or
25  (16) Manufactures, sells, delivers, imports, or 
26 purchases any assault weapon or .50 caliber rifle in 
 
 
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1 violation of Section 24-1.9. 
2 (b) Sentence. A person convicted of a violation of 
3subsection 24-1(a)(1) through (5), subsection 24-1(a)(10), 
4subsection 24-1(a)(11), subsection 24-1(a)(13), or 24-1(a)(15) 
5commits a Class A misdemeanor. A person convicted of a 
6violation of subsection 24-1(a)(8) or 24-1(a)(9) commits a 
7Class 4 felony; a person convicted of a violation of 
8subsection 24-1(a)(6), 24-1(a)(7)(ii), 24-1(a)(7)(iii), or 
924-1(a)(16) commits a Class 3 felony. A person convicted of a 
10violation of subsection 24-1(a)(7)(i) commits a Class 2 felony 
11and shall be sentenced to a term of imprisonment of not less 
12than 3 years and not more than 7 years, unless the weapon is 
13possessed in the passenger compartment of a motor vehicle as 
14defined in Section 1-146 of the Illinois Vehicle Code, or on 
15the person, while the weapon is loaded, in which case it shall 
16be a Class X felony. A person convicted of a second or 
17subsequent violation of subsection 24-1(a)(4), 24-1(a)(8), 
1824-1(a)(9), 24-1(a)(10), or 24-1(a)(15) commits a Class 3 
19felony. A person convicted of a violation of subsection 
2024-1(a)(2.5) or 24-1(a)(14) commits a Class 2 felony. The 
21possession of each weapon or device in violation of this 
22Section constitutes a single and separate violation.
23 (c) Violations in specific places.
24  (1) A person who violates subsection 24-1(a)(6) or 
25 24-1(a)(7) in any school, regardless of the time of day or 
26 the time of year, in residential property owned, operated 
 
 
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1 or managed by a public housing agency or leased by a public 
2 housing agency as part of a scattered site or mixed-income 
3 development, in a public park, in a courthouse, on the 
4 real property comprising any school, regardless of the 
5 time of day or the time of year, on residential property 
6 owned, operated or managed by a public housing agency or 
7 leased by a public housing agency as part of a scattered 
8 site or mixed-income development, on the real property 
9 comprising any public park, on the real property 
10 comprising any courthouse, in any conveyance owned, leased 
11 or contracted by a school to transport students to or from 
12 school or a school related activity, in any conveyance 
13 owned, leased, or contracted by a public transportation 
14 agency, or on any public way within 1,000 feet of the real 
15 property comprising any school, public park, courthouse, 
16 public transportation facility, or residential property 
17 owned, operated, or managed by a public housing agency or 
18 leased by a public housing agency as part of a scattered 
19 site or mixed-income development commits a Class 2 felony 
20 and shall be sentenced to a term of imprisonment of not 
21 less than 3 years and not more than 7 years.
22  (1.5) A person who violates subsection 24-1(a)(4), 
23 24-1(a)(9), or 24-1(a)(10) in any school, regardless of 
24 the time of day or the time of year, in residential 
25 property owned, operated, or managed by a public housing 
26 agency or leased by a public housing agency as part of a 
 
 
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1 scattered site or mixed-income development, in a public 
2 park, in a courthouse, on the real property comprising any 
3 school, regardless of the time of day or the time of year, 
4 on residential property owned, operated, or managed by a 
5 public housing agency or leased by a public housing agency 
6 as part of a scattered site or mixed-income development, 
7 on the real property comprising any public park, on the 
8 real property comprising any courthouse, in any conveyance 
9 owned, leased, or contracted by a school to transport 
10 students to or from school or a school related activity, 
11 in any conveyance owned, leased, or contracted by a public 
12 transportation agency, or on any public way within 1,000 
13 feet of the real property comprising any school, public 
14 park, courthouse, public transportation facility, or 
15 residential property owned, operated, or managed by a 
16 public housing agency or leased by a public housing agency 
17 as part of a scattered site or mixed-income development 
18 commits a Class 3 felony.
19  (2) A person who violates subsection 24-1(a)(1), 
20 24-1(a)(2), or 24-1(a)(3) in any school, regardless of the 
21 time of day or the time of year, in residential property 
22 owned, operated or managed by a public housing agency or 
23 leased by a public housing agency as part of a scattered 
24 site or mixed-income development, in a public park, in a 
25 courthouse, on the real property comprising any school, 
26 regardless of the time of day or the time of year, on 
 
 
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1 residential property owned, operated or managed by a 
2 public housing agency or leased by a public housing agency 
3 as part of a scattered site or mixed-income development, 
4 on the real property comprising any public park, on the 
5 real property comprising any courthouse, in any conveyance 
6 owned, leased or contracted by a school to transport 
7 students to or from school or a school related activity, 
8 in any conveyance owned, leased, or contracted by a public 
9 transportation agency, or on any public way within 1,000 
10 feet of the real property comprising any school, public 
11 park, courthouse, public transportation facility, or 
12 residential property owned, operated, or managed by a 
13 public housing agency or leased by a public housing agency 
14 as part of a scattered site or mixed-income development 
15 commits a Class 4 felony. "Courthouse" means any building 
16 that is used by the Circuit, Appellate, or Supreme Court 
17 of this State for the conduct of official business.
18  (3) Paragraphs (1), (1.5), and (2) of this subsection 
19 (c) shall not apply to law enforcement officers or 
20 security officers of such school, college, or university 
21 or to students carrying or possessing firearms for use in 
22 training courses, parades, hunting, target shooting on 
23 school ranges, or otherwise with the consent of school 
24 authorities and which firearms are transported unloaded 
25 enclosed in a suitable case, box, or transportation 
26 package.
 
 
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1  (4) For the purposes of this subsection (c), "school" 
2 means any public or private elementary or secondary 
3 school, community college, college, or university.
4  (5) For the purposes of this subsection (c), "public 
5 transportation agency" means a public or private agency 
6 that provides for the transportation or conveyance of 
7 persons by means available to the general public, except 
8 for transportation by automobiles not used for conveyance 
9 of the general public as passengers; and "public 
10 transportation facility" means a terminal or other place 
11 where one may obtain public transportation. 
12 (d) The presence in an automobile other than a public 
13omnibus of any weapon, instrument or substance referred to in 
14subsection (a)(7) is prima facie evidence that it is in the 
15possession of, and is being carried by, all persons occupying 
16such automobile at the time such weapon, instrument or 
17substance is found, except under the following circumstances: 
18(i) if such weapon, instrument or instrumentality is found 
19upon the person of one of the occupants therein; or (ii) if 
20such weapon, instrument or substance is found in an automobile 
21operated for hire by a duly licensed driver in the due, lawful 
22and proper pursuit of his or her trade, then such presumption 
23shall not apply to the driver.
24 (e) Exemptions.
25  (1) Crossbows, Common or Compound bows and Underwater 
26 Spearguns are exempted from the definition of ballistic 
 
 
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1 knife as defined in paragraph (1) of subsection (a) of 
2 this Section.
3  (2) The provision of paragraph (1) of subsection (a) 
4 of this Section prohibiting the sale, manufacture, 
5 purchase, possession, or carrying of any knife, commonly 
6 referred to as a switchblade knife, which has a blade that 
7 opens automatically by hand pressure applied to a button, 
8 spring or other device in the handle of the knife, does not 
9 apply to a person who possesses a currently valid Firearm 
10 Owner's Identification Card previously issued in his or 
11 her name by the Illinois State Police or to a person or an 
12 entity engaged in the business of selling or manufacturing 
13 switchblade knives. 
14(Source: P.A. 101-223, eff. 1-1-20; 102-538, eff. 8-20-21; 
15102-1116, eff. 1-10-23.)

16 (Text of Section after amendment by P.A. 103-822)
17 Sec. 24-1. Unlawful possession of weapons. 
18 (a) A person commits the offense of unlawful possession of 
19weapons when he knowingly:
20  (1) Sells, manufactures, purchases, possesses or 
21 carries any bludgeon, black-jack, slung-shot, sand-club, 
22 sand-bag, metal knuckles or other knuckle weapon 
23 regardless of its composition, throwing star, or any 
24 knife, commonly referred to as a switchblade knife, which 
25 has a blade that opens automatically by hand pressure 
 
 
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1 applied to a button, spring or other device in the handle 
2 of the knife, or a ballistic knife, which is a device that 
3 propels a knifelike blade as a projectile by means of a 
4 coil spring, elastic material or compressed gas; or
5  (2) Carries or possesses with intent to use the same 
6 unlawfully against another, a dagger, dirk, billy, 
7 dangerous knife, razor, stiletto, broken bottle or other 
8 piece of glass, stun gun or taser or any other dangerous or 
9 deadly weapon or instrument of like character; or
10  (2.5) Carries or possesses with intent to use the same 
11 unlawfully against another, any firearm in a church, 
12 synagogue, mosque, or other building, structure, or place 
13 used for religious worship; or 
14  (3) Carries on or about his person or in any vehicle, a 
15 tear gas gun projector or bomb or any object containing 
16 noxious liquid gas or substance, other than an object 
17 containing a non-lethal noxious liquid gas or substance 
18 designed solely for personal defense carried by a person 
19 18 years of age or older; or
20  (4) Carries or possesses in any vehicle or concealed 
21 on or about his person except when on his land or in his 
22 own abode, legal dwelling, or fixed place of business, or 
23 on the land or in the legal dwelling of another person as 
24 an invitee with that person's permission, any pistol, 
25 revolver, stun gun or taser or other firearm, except that 
26 this subsection (a)(4) does not apply to or affect 
 
 
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1 transportation of weapons that meet one of the following 
2 conditions:
3   (i) are broken down in a non-functioning state; or
4   (ii) are not immediately accessible; or
5   (iii) are unloaded and enclosed in a case, firearm 
6 carrying box, shipping box, or other container by a 
7 person who has been issued a currently valid Firearm 
8 Owner's Identification Card; or
9   (iv) are carried or possessed in accordance with 
10 the Firearm Concealed Carry Act by a person who has 
11 been issued a currently valid license under the 
12 Firearm Concealed Carry Act; or 
13  (5) Sets a spring gun; or
14  (6) Possesses any device or attachment of any kind 
15 designed, used or intended for use in silencing the report 
16 of any firearm; or
17  (7) Sells, manufactures, purchases, possesses or 
18 carries:
19   (i) a machine gun, which shall be defined for the 
20 purposes of this subsection as any weapon, which 
21 shoots, is designed to shoot, or can be readily 
22 restored to shoot, automatically more than one shot 
23 without manually reloading by a single function of the 
24 trigger, including the frame or receiver of any such 
25 weapon, or sells, manufactures, purchases, possesses, 
26 or carries any combination of parts designed or 
 
 
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1 intended for use in converting any weapon into a 
2 machine gun, or any combination or parts from which a 
3 machine gun can be assembled if such parts are in the 
4 possession or under the control of a person;
5   (ii) any rifle having one or more barrels less 
6 than 16 inches in length or a shotgun having one or 
7 more barrels less than 18 inches in length or any 
8 weapon made from a rifle or shotgun, whether by 
9 alteration, modification, or otherwise, if such a 
10 weapon as modified has an overall length of less than 
11 26 inches; or
12   (iii) any bomb, bomb-shell, grenade, bottle or 
13 other container containing an explosive substance of 
14 over one-quarter ounce for like purposes, such as, but 
15 not limited to, black powder bombs and Molotov 
16 cocktails or artillery projectiles; or
17  (8) Carries or possesses any firearm, stun gun or 
18 taser or other deadly weapon in any place which is 
19 licensed to sell intoxicating beverages, or at any public 
20 gathering held pursuant to a license issued by any 
21 governmental body or any public gathering at which an 
22 admission is charged, excluding a place where a showing, 
23 demonstration or lecture involving the exhibition of 
24 unloaded firearms is conducted.
25  This subsection (a)(8) does not apply to any auction 
26 or raffle of a firearm held pursuant to a license or permit 
 
 
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1 issued by a governmental body, nor does it apply to 
2 persons engaged in firearm safety training courses; or
3  (9) Carries or possesses in a vehicle or on or about 
4 his or her person any pistol, revolver, stun gun or taser 
5 or firearm or ballistic knife, when he or she is hooded, 
6 robed or masked in such manner as to conceal his or her 
7 identity; or
8  (10) Carries or possesses on or about his or her 
9 person, upon any public street, alley, or other public 
10 lands within the corporate limits of a city, village, or 
11 incorporated town, except when an invitee thereon or 
12 therein, for the purpose of the display of such weapon or 
13 the lawful commerce in weapons, or except when on his land 
14 or in his or her own abode, legal dwelling, or fixed place 
15 of business, or on the land or in the legal dwelling of 
16 another person as an invitee with that person's 
17 permission, any pistol, revolver, stun gun, or taser or 
18 other firearm, except that this subsection (a)(10) does 
19 not apply to or affect transportation of weapons that meet 
20 one of the following conditions:
21   (i) are broken down in a non-functioning state; or
22   (ii) are not immediately accessible; or
23   (iii) are unloaded and enclosed in a case, firearm 
24 carrying box, shipping box, or other container by a 
25 person who has been issued a currently valid Firearm 
26 Owner's Identification Card; or
 
 
HB1040- 54 -LRB104 03254 RLC 13276 b


1   (iv) are carried or possessed in accordance with 
2 the Firearm Concealed Carry Act by a person who has 
3 been issued a currently valid license under the 
4 Firearm Concealed Carry Act. 
5  A "stun gun or taser", as used in this paragraph (a) 
6 means (i) any device which is powered by electrical 
7 charging units, such as, batteries, and which fires one or 
8 several barbs attached to a length of wire and which, upon 
9 hitting a human, can send out a current capable of 
10 disrupting the person's nervous system in such a manner as 
11 to render him incapable of normal functioning or (ii) any 
12 device which is powered by electrical charging units, such 
13 as batteries, and which, upon contact with a human or 
14 clothing worn by a human, can send out current capable of 
15 disrupting the person's nervous system in such a manner as 
16 to render him incapable of normal functioning; or
17  (11) Sells, manufactures, delivers, imports, 
18 possesses, or purchases any assault weapon attachment or 
19 .50 caliber cartridge in violation of Section 24-1.9 or 
20 any explosive bullet. For purposes of this paragraph (a) 
21 "explosive bullet" means the projectile portion of an 
22 ammunition cartridge which contains or carries an 
23 explosive charge which will explode upon contact with the 
24 flesh of a human or an animal. "Cartridge" means a tubular 
25 metal case having a projectile affixed at the front 
26 thereof and a cap or primer at the rear end thereof, with 
 
 
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1 the propellant contained in such tube between the 
2 projectile and the cap; or
3  (12) (Blank); or
4  (13) Carries or possesses on or about his or her 
5 person while in a building occupied by a unit of 
6 government, a billy club, other weapon of like character, 
7 or other instrument of like character intended for use as 
8 a weapon. For the purposes of this Section, "billy club" 
9 means a short stick or club commonly carried by police 
10 officers which is either telescopic or constructed of a 
11 solid piece of wood or other man-made material; or
12  (14) Manufactures, possesses, sells, or offers to 
13 sell, purchase, manufacture, import, transfer, or use any 
14 device, part, kit, tool, accessory, or combination of 
15 parts that is designed to and functions to increase the 
16 rate of fire of a semiautomatic firearm above the standard 
17 rate of fire for semiautomatic firearms that is not 
18 equipped with that device, part, or combination of parts; 
19 or
20  (15) Carries or possesses any assault weapon or .50 
21 caliber rifle in violation of Section 24-1.9; or
22  (16) Manufactures, sells, delivers, imports, or 
23 purchases any assault weapon or .50 caliber rifle in 
24 violation of Section 24-1.9. 
25 (b) Sentence. A person convicted of a violation of 
26subsection 24-1(a)(1) through (5), subsection 24-1(a)(10), 
 
 
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1subsection 24-1(a)(11), or subsection 24-1(a)(13), or 
224-1(a)(15) commits a Class A misdemeanor. A person convicted 
3of a violation of subsection 24-1(a)(8) or 24-1(a)(9) commits 
4a Class 4 felony; a person convicted of a violation of 
5subsection 24-1(a)(6), or 24-1(a)(7)(ii) , 24-1(a)(7)(iii), or 
624-1(a)(16) or (iii) commits a Class 3 felony. A person 
7convicted of a violation of subsection 24-1(a)(7)(i) commits a 
8Class 2 felony and shall be sentenced to a term of imprisonment 
9of not less than 3 years and not more than 7 years, unless the 
10weapon is possessed in the passenger compartment of a motor 
11vehicle as defined in Section 1-146 of the Illinois Vehicle 
12Code, or on the person, while the weapon is loaded, in which 
13case it shall be a Class X felony. A person convicted of a 
14second or subsequent violation of subsection 24-1(a)(4), 
1524-1(a)(8), 24-1(a)(9), or 24-1(a)(10), or 24-1(a)(15) commits 
16a Class 3 felony. A person convicted of a violation of 
17subsection 24-1(a)(2.5) or 24-1(a)(14) commits a Class 2 
18felony. The possession of each weapon or device in violation 
19of this Section constitutes a single and separate violation.
20 (c) Violations in specific places.
21  (1) A person who violates subsection 24-1(a)(6) or 
22 24-1(a)(7) in any school, regardless of the time of day or 
23 the time of year, in residential property owned, operated 
24 or managed by a public housing agency or leased by a public 
25 housing agency as part of a scattered site or mixed-income 
26 development, in a public park, in a courthouse, on the 
 
 
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1 real property comprising any school, regardless of the 
2 time of day or the time of year, on residential property 
3 owned, operated or managed by a public housing agency or 
4 leased by a public housing agency as part of a scattered 
5 site or mixed-income development, on the real property 
6 comprising any public park, on the real property 
7 comprising any courthouse, in any conveyance owned, leased 
8 or contracted by a school to transport students to or from 
9 school or a school related activity, in any conveyance 
10 owned, leased, or contracted by a public transportation 
11 agency, or on any public way within 1,000 feet of the real 
12 property comprising any school, public park, courthouse, 
13 public transportation facility, or residential property 
14 owned, operated, or managed by a public housing agency or 
15 leased by a public housing agency as part of a scattered 
16 site or mixed-income development commits a Class 2 felony 
17 and shall be sentenced to a term of imprisonment of not 
18 less than 3 years and not more than 7 years.
19  (1.5) A person who violates subsection 24-1(a)(4), 
20 24-1(a)(9), or 24-1(a)(10) in any school, regardless of 
21 the time of day or the time of year, in residential 
22 property owned, operated, or managed by a public housing 
23 agency or leased by a public housing agency as part of a 
24 scattered site or mixed-income development, in a public 
25 park, in a courthouse, on the real property comprising any 
26 school, regardless of the time of day or the time of year, 
 
 
HB1040- 58 -LRB104 03254 RLC 13276 b


1 on residential property owned, operated, or managed by a 
2 public housing agency or leased by a public housing agency 
3 as part of a scattered site or mixed-income development, 
4 on the real property comprising any public park, on the 
5 real property comprising any courthouse, in any conveyance 
6 owned, leased, or contracted by a school to transport 
7 students to or from school or a school related activity, 
8 in any conveyance owned, leased, or contracted by a public 
9 transportation agency, or on any public way within 1,000 
10 feet of the real property comprising any school, public 
11 park, courthouse, public transportation facility, or 
12 residential property owned, operated, or managed by a 
13 public housing agency or leased by a public housing agency 
14 as part of a scattered site or mixed-income development 
15 commits a Class 3 felony.
16  (2) A person who violates subsection 24-1(a)(1), 
17 24-1(a)(2), or 24-1(a)(3) in any school, regardless of the 
18 time of day or the time of year, in residential property 
19 owned, operated or managed by a public housing agency or 
20 leased by a public housing agency as part of a scattered 
21 site or mixed-income development, in a public park, in a 
22 courthouse, on the real property comprising any school, 
23 regardless of the time of day or the time of year, on 
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, 
 
 
HB1040- 59 -LRB104 03254 RLC 13276 b


1 on the real property comprising any public park, on the 
2 real property comprising any courthouse, in any conveyance 
3 owned, leased or contracted by a school to transport 
4 students to or from school or a school related activity, 
5 in any conveyance owned, leased, or contracted by a public 
6 transportation agency, or on any public way within 1,000 
7 feet of the real property comprising any school, public 
8 park, courthouse, public transportation facility, or 
9 residential property owned, operated, or managed by a 
10 public housing agency or leased by a public housing agency 
11 as part of a scattered site or mixed-income development 
12 commits a Class 4 felony. "Courthouse" means any building 
13 that is used by the Circuit, Appellate, or Supreme Court 
14 of this State for the conduct of official business.
15  (3) Paragraphs (1), (1.5), and (2) of this subsection 
16 (c) shall not apply to law enforcement officers or 
17 security officers of such school, college, or university 
18 or to students carrying or possessing firearms for use in 
19 training courses, parades, hunting, target shooting on 
20 school ranges, or otherwise with the consent of school 
21 authorities and which firearms are transported unloaded 
22 enclosed in a suitable case, box, or transportation 
23 package.
24  (4) For the purposes of this subsection (c), "school" 
25 means any public or private elementary or secondary 
26 school, community college, college, or university.
 
 
HB1040- 60 -LRB104 03254 RLC 13276 b


1  (5) For the purposes of this subsection (c), "public 
2 transportation agency" means a public or private agency 
3 that provides for the transportation or conveyance of 
4 persons by means available to the general public, except 
5 for transportation by automobiles not used for conveyance 
6 of the general public as passengers; and "public 
7 transportation facility" means a terminal or other place 
8 where one may obtain public transportation. 
9 (d) The presence in an automobile other than a public 
10omnibus of any weapon, instrument or substance referred to in 
11subsection (a)(7) is prima facie evidence that it is in the 
12possession of, and is being carried by, all persons occupying 
13such automobile at the time such weapon, instrument or 
14substance is found, except under the following circumstances: 
15(i) if such weapon, instrument or instrumentality is found 
16upon the person of one of the occupants therein; or (ii) if 
17such weapon, instrument or substance is found in an automobile 
18operated for hire by a duly licensed driver in the due, lawful 
19and proper pursuit of his or her trade, then such presumption 
20shall not apply to the driver.
21 (e) Exemptions.
22  (1) Crossbows, Common or Compound bows and Underwater 
23 Spearguns are exempted from the definition of ballistic 
24 knife as defined in paragraph (1) of subsection (a) of 
25 this Section.
26  (2) The provision of paragraph (1) of subsection (a) 
 
 
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1 of this Section prohibiting the sale, manufacture, 
2 purchase, possession, or carrying of any knife, commonly 
3 referred to as a switchblade knife, which has a blade that 
4 opens automatically by hand pressure applied to a button, 
5 spring or other device in the handle of the knife, does not 
6 apply to a person who possesses a currently valid Firearm 
7 Owner's Identification Card previously issued in his or 
8 her name by the Illinois State Police or to a person or an 
9 entity engaged in the business of selling or manufacturing 
10 switchblade knives. 
11(Source: P.A. 102-538, eff. 8-20-21; 102-1116, eff. 1-10-23; 
12103-822, eff. 1-1-25.)

13 (720 ILCS 5/24-1.9 rep.)
14 (720 ILCS 5/24-1.10 rep.)
15 Section 30. The Criminal Code of 2012 is amended by 
16repealing Sections 24-1.9 and 24-1.10.

17 Section 95. No acceleration or delay. Where this Act makes 
18changes in a statute that is represented in this Act by text 
19that is not yet or no longer in effect (for example, a Section 
20represented by multiple versions), the use of that text does 
21not accelerate or delay the taking effect of (i) the changes 
22made by this Act or (ii) provisions derived from any other 
23Public Act.

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