104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB3242
 
Introduced , by Rep. Adam M. Niemerg
 
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 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 10409 RLC 20484 b


 
 
A BILL FOR
 
HB3242LRB104 10409 RLC 20484 b


1 AN ACT concerning criminal law.

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

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

6 (5 ILCS 140/7.5)
7 Sec. 7.5. Statutory exemptions. To the extent provided for 
8by the statutes referenced below, the following shall be 
9exempt from inspection and copying:
10  (a) All information determined to be confidential 
11 under Section 4002 of the Technology Advancement and 
12 Development Act.
13  (b) Library circulation and order records identifying 
14 library users with specific materials under the Library 
15 Records Confidentiality Act.
16  (c) Applications, related documents, and medical 
17 records received by the Experimental Organ Transplantation 
18 Procedures Board and any and all documents or other 
19 records prepared by the Experimental Organ Transplantation 
20 Procedures Board or its staff relating to applications it 
21 has received.
22  (d) Information and records held by the Department of 
23 Public Health and its authorized representatives relating 
 
 
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1 to known or suspected cases of sexually transmitted 
2 infection or any information the disclosure of which is 
3 restricted under the Illinois Sexually Transmitted 
4 Infection Control Act.
5  (e) Information the disclosure of which is exempted 
6 under Section 30 of the Radon Industry Licensing Act.
7  (f) Firm performance evaluations under Section 55 of 
8 the Architectural, Engineering, and Land Surveying 
9 Qualifications Based Selection Act.
10  (g) Information the disclosure of which is restricted 
11 and exempted under Section 50 of the Illinois Prepaid 
12 Tuition Act.
13  (h) Information the disclosure of which is exempted 
14 under the State Officials and Employees Ethics Act, and 
15 records of any lawfully created State or local inspector 
16 general's office that would be exempt if created or 
17 obtained by an Executive Inspector General's office under 
18 that Act.
19  (i) Information contained in a local emergency energy 
20 plan submitted to a municipality in accordance with a 
21 local emergency energy plan ordinance that is adopted 
22 under Section 11-21.5-5 of the Illinois Municipal Code.
23  (j) Information and data concerning the distribution 
24 of surcharge moneys collected and remitted by carriers 
25 under the Emergency Telephone System Act.
26  (k) Law enforcement officer identification information 
 
 
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1 or driver identification information compiled by a law 
2 enforcement agency or the Department of Transportation 
3 under Section 11-212 of the Illinois Vehicle Code.
4  (l) Records and information provided to a residential 
5 health care facility resident sexual assault and death 
6 review team or the Executive Council under the Abuse 
7 Prevention Review Team Act.
8  (m) Information provided to the predatory lending 
9 database created pursuant to Article 3 of the Residential 
10 Real Property Disclosure Act, except to the extent 
11 authorized under that Article.
12  (n) Defense budgets and petitions for certification of 
13 compensation and expenses for court appointed trial 
14 counsel as provided under Sections 10 and 15 of the 
15 Capital Crimes Litigation Act (repealed). This subsection 
16 (n) shall apply until the conclusion of the trial of the 
17 case, even if the prosecution chooses not to pursue the 
18 death penalty prior to trial or sentencing.
19  (o) Information that is prohibited from being 
20 disclosed under Section 4 of the Illinois Health and 
21 Hazardous Substances Registry Act.
22  (p) Security portions of system safety program plans, 
23 investigation reports, surveys, schedules, lists, data, or 
24 information compiled, collected, or prepared by or for the 
25 Department of Transportation under Sections 2705-300 and 
26 2705-616 of the Department of Transportation Law of the 
 
 
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1 Civil Administrative Code of Illinois, the Regional 
2 Transportation Authority under Section 2.11 of the 
3 Regional Transportation Authority Act, or the St. Clair 
4 County Transit District under the Bi-State Transit Safety 
5 Act (repealed). 
6  (q) Information prohibited from being disclosed by the 
7 Personnel Record Review Act. 
8  (r) Information prohibited from being disclosed by the 
9 Illinois School Student Records Act. 
10  (s) Information the disclosure of which is restricted 
11 under Section 5-108 of the Public Utilities Act. 
12  (t) (Blank). 
13  (u) Records and information provided to an independent 
14 team of experts under the Developmental Disability and 
15 Mental Health Safety Act (also known as Brian's Law). 
16  (v) Names and information of people who have applied 
17 for or received Firearm Owner's Identification Cards under 
18 the Firearm Owners Identification Card Act or applied for 
19 or received a concealed carry license under the Firearm 
20 Concealed Carry Act, unless otherwise authorized by the 
21 Firearm Concealed Carry Act; and databases under the 
22 Firearm Concealed Carry Act, records of the Concealed 
23 Carry Licensing Review Board under the Firearm Concealed 
24 Carry Act, and law enforcement agency objections under the 
25 Firearm Concealed Carry Act. 
26  (v-5) Records of the Firearm Owner's Identification 
 
 
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1 Card Review Board that are exempted from disclosure under 
2 Section 10 of the Firearm Owners Identification Card Act.
3  (w) Personally identifiable information which is 
4 exempted from disclosure under subsection (g) of Section 
5 19.1 of the Toll Highway Act.
6  (x) Information which is exempted from disclosure 
7 under Section 5-1014.3 of the Counties Code or Section 
8 8-11-21 of the Illinois Municipal Code. 
9  (y) Confidential information under the Adult 
10 Protective Services Act and its predecessor enabling 
11 statute, the Elder Abuse and Neglect Act, including 
12 information about the identity and administrative finding 
13 against any caregiver of a verified and substantiated 
14 decision of abuse, neglect, or financial exploitation of 
15 an eligible adult maintained in the Registry established 
16 under Section 7.5 of the Adult Protective Services Act. 
17  (z) Records and information provided to a fatality 
18 review team or the Illinois Fatality Review Team Advisory 
19 Council under Section 15 of the Adult Protective Services 
20 Act. 
21  (aa) Information which is exempted from disclosure 
22 under Section 2.37 of the Wildlife Code. 
23  (bb) Information which is or was prohibited from 
24 disclosure by the Juvenile Court Act of 1987. 
25  (cc) Recordings made under the Law Enforcement 
26 Officer-Worn Body Camera Act, except to the extent 
 
 
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1 authorized under that Act.
2  (dd) Information that is prohibited from being 
3 disclosed under Section 45 of the Condominium and Common 
4 Interest Community Ombudsperson Act. 
5  (ee) Information that is exempted from disclosure 
6 under Section 30.1 of the Pharmacy Practice Act. 
7  (ff) Information that is exempted from disclosure 
8 under the Revised Uniform Unclaimed Property Act. 
9  (gg) Information that is prohibited from being 
10 disclosed under Section 7-603.5 of the Illinois Vehicle 
11 Code. 
12  (hh) Records that are exempt from disclosure under 
13 Section 1A-16.7 of the Election Code. 
14  (ii) Information which is exempted from disclosure 
15 under Section 2505-800 of the Department of Revenue Law of 
16 the Civil Administrative Code of Illinois. 
17  (jj) Information and reports that are required to be 
18 submitted to the Department of Labor by registering day 
19 and temporary labor service agencies but are exempt from 
20 disclosure under subsection (a-1) of Section 45 of the Day 
21 and Temporary Labor Services Act. 
22  (kk) Information prohibited from disclosure under the 
23 Seizure and Forfeiture Reporting Act. 
24  (ll) Information the disclosure of which is restricted 
25 and exempted under Section 5-30.8 of the Illinois Public 
26 Aid Code. 
 
 
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1  (mm) Records that are exempt from disclosure under 
2 Section 4.2 of the Crime Victims Compensation Act. 
3  (nn) Information that is exempt from disclosure under 
4 Section 70 of the Higher Education Student Assistance Act. 
5  (oo) Communications, notes, records, and reports 
6 arising out of a peer support counseling session 
7 prohibited from disclosure under the First Responders 
8 Suicide Prevention Act. 
9  (pp) Names and all identifying information relating to 
10 an employee of an emergency services provider or law 
11 enforcement agency under the First Responders Suicide 
12 Prevention Act. 
13  (qq) Information and records held by the Department of 
14 Public Health and its authorized representatives collected 
15 under the Reproductive Health Act. 
16  (rr) Information that is exempt from disclosure under 
17 the Cannabis Regulation and Tax Act. 
18  (ss) Data reported by an employer to the Department of 
19 Human Rights pursuant to Section 2-108 of the Illinois 
20 Human Rights Act.
21  (tt) Recordings made under the Children's Advocacy 
22 Center Act, except to the extent authorized under that 
23 Act. 
24  (uu) Information that is exempt from disclosure under 
25 Section 50 of the Sexual Assault Evidence Submission Act. 
26  (vv) Information that is exempt from disclosure under 
 
 
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1 subsections (f) and (j) of Section 5-36 of the Illinois 
2 Public Aid Code. 
3  (ww) Information that is exempt from disclosure under 
4 Section 16.8 of the State Treasurer Act. 
5  (xx) Information that is exempt from disclosure or 
6 information that shall not be made public under the 
7 Illinois Insurance Code. 
8  (yy) Information prohibited from being disclosed under 
9 the Illinois Educational Labor Relations Act.
10  (zz) Information prohibited from being disclosed under 
11 the Illinois Public Labor Relations Act. 
12  (aaa) Information prohibited from being disclosed 
13 under Section 1-167 of the Illinois Pension Code. 
14  (bbb) Information that is prohibited from disclosure 
15 by the Illinois Police Training Act and the Illinois State 
16 Police Act. 
17  (ccc) Records exempt from disclosure under Section 
18 2605-304 of the Illinois State Police Law of the Civil 
19 Administrative Code of Illinois. 
20  (ddd) Information prohibited from being disclosed 
21 under Section 35 of the Address Confidentiality for 
22 Victims of Domestic Violence, Sexual Assault, Human 
23 Trafficking, or Stalking Act. 
24  (eee) Information prohibited from being disclosed 
25 under subsection (b) of Section 75 of the Domestic 
26 Violence Fatality Review Act. 
 
 
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1  (fff) Images from cameras under the Expressway Camera 
2 Act. This subsection (fff) is inoperative on and after 
3 July 1, 2025. 
4  (ggg) Information prohibited from disclosure under 
5 paragraph (3) of subsection (a) of Section 14 of the Nurse 
6 Agency Licensing Act. 
7  (hhh) (Blank). Information submitted to the Illinois 
8 State Police in an affidavit or application for an assault 
9 weapon endorsement, assault weapon attachment endorsement, 
10 .50 caliber rifle endorsement, or .50 caliber cartridge 
11 endorsement under the Firearm Owners Identification Card 
12 Act. 
13  (iii) Data exempt from disclosure under Section 50 of 
14 the School Safety Drill Act. 
15  (jjj) Information exempt from disclosure under Section 
16 30 of the Insurance Data Security Law. 
17  (kkk) Confidential business information prohibited 
18 from disclosure under Section 45 of the Paint Stewardship 
19 Act. 
20  (lll) Data exempt from disclosure under Section 
21 2-3.196 of the School Code. 
22  (mmm) Information prohibited from being disclosed 
23 under subsection (e) of Section 1-129 of the Illinois 
24 Power Agency Act. 
25  (nnn) Materials received by the Department of Commerce 
26 and Economic Opportunity that are confidential under the 
 
 
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1 Music and Musicians Tax Credit and Jobs Act. 
2  (ooo) (nnn) Data or information provided pursuant to 
3 Section 20 of the Statewide Recycling Needs and Assessment 
4 Act. 
5  (ppp) (nnn) Information that is exempt from disclosure 
6 under Section 28-11 of the Lawful Health Care Activity 
7 Act. 
8  (qqq) (nnn) Information that is exempt from disclosure 
9 under Section 7-101 of the Illinois Human Rights Act. 
10  (rrr) (mmm) Information prohibited from being 
11 disclosed under Section 4-2 of the Uniform Money 
12 Transmission Modernization Act. 
13  (sss) (nnn) Information exempt from disclosure under 
14 Section 40 of the Student-Athlete Endorsement Rights Act.
15(Source: P.A. 102-36, eff. 6-25-21; 102-237, eff. 1-1-22; 
16102-292, eff. 1-1-22; 102-520, eff. 8-20-21; 102-559, eff. 
178-20-21; 102-813, eff. 5-13-22; 102-946, eff. 7-1-22; 
18102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; 103-8, eff. 
196-7-23; 103-34, eff. 6-9-23; 103-142, eff. 1-1-24; 103-372, 
20eff. 1-1-24; 103-472, eff. 8-1-24; 103-508, eff. 8-4-23; 
21103-580, eff. 12-8-23; 103-592, eff. 6-7-24; 103-605, eff. 
227-1-24; 103-636, eff. 7-1-24; 103-724, eff. 1-1-25; 103-786, 
23eff. 8-7-24; 103-859, eff. 8-9-24; 103-991, eff. 8-9-24; 
24103-1049, eff. 8-9-24; revised 11-26-24.)

25 Section 10. The Firearm Owners Identification Card Act is 
 
 
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1amended by changing Section 8 as follows:

2 (430 ILCS 65/8) (from Ch. 38, par. 83-8)
3 Sec. 8. Grounds for denial and revocation. The Illinois 
4State Police has authority to deny an application for or to 
5revoke and seize a Firearm Owner's Identification Card 
6previously issued under this Act only if the Illinois State 
7Police finds that the applicant or the person to whom such card 
8was issued is or was at the time of issuance:
9  (a) A person under 21 years of age who has been 
10 convicted of a misdemeanor other than a traffic offense or 
11 adjudged delinquent;
12  (b) This subsection (b) applies through the 180th day 
13 following July 12, 2019 (the effective date of Public Act 
14 101-80). A person under 21 years of age who does not have 
15 the written consent of his parent or guardian to acquire 
16 and possess firearms and firearm ammunition, or whose 
17 parent or guardian has revoked such written consent, or 
18 where such parent or guardian does not qualify to have a 
19 Firearm Owner's Identification Card;
20  (b-5) This subsection (b-5) applies on and after the 
21 181st day following July 12, 2019 (the effective date of 
22 Public Act 101-80). A person under 21 years of age who is 
23 not an active duty member of the United States Armed 
24 Forces or the Illinois National Guard and does not have 
25 the written consent of his or her parent or guardian to 
 
 
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1 acquire and possess firearms and firearm ammunition, or 
2 whose parent or guardian has revoked such written consent, 
3 or where such parent or guardian does not qualify to have a 
4 Firearm Owner's Identification Card; 
5  (c) A person convicted of a felony under the laws of 
6 this or any other jurisdiction;
7  (d) A person addicted to narcotics;
8  (e) A person who has been a patient of a mental health 
9 facility within the past 5 years or a person who has been a 
10 patient in a mental health facility more than 5 years ago 
11 who has not received the certification required under 
12 subsection (u) of this Section. An active law enforcement 
13 officer employed by a unit of government or a Department 
14 of Corrections employee authorized to possess firearms who 
15 is denied, revoked, or has his or her Firearm Owner's 
16 Identification Card seized under this subsection (e) may 
17 obtain relief as described in subsection (c-5) of Section 
18 10 of this Act if the officer or employee did not act in a 
19 manner threatening to the officer or employee, another 
20 person, or the public as determined by the treating 
21 clinical psychologist or physician, and the officer or 
22 employee seeks mental health treatment;
23  (f) A person whose mental condition is of such a 
24 nature that it poses a clear and present danger to the 
25 applicant, any other person or persons, or the community;
26  (g) A person who has an intellectual disability;
 
 
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1  (h) A person who intentionally makes a false statement 
2 in the Firearm Owner's Identification Card application or 
3 endorsement affidavit;
4  (i) A noncitizen who is unlawfully present in the 
5 United States under the laws of the United States;
6  (i-5) A noncitizen who has been admitted to the United 
7 States under a non-immigrant visa (as that term is defined 
8 in Section 101(a)(26) of the Immigration and Nationality 
9 Act (8 U.S.C. 1101(a)(26))), except that this subsection 
10 (i-5) does not apply to any noncitizen who has been 
11 lawfully admitted to the United States under a 
12 non-immigrant visa if that noncitizen is:
13   (1) admitted to the United States for lawful 
14 hunting or sporting purposes;
15   (2) an official representative of a foreign 
16 government who is:
17    (A) accredited to the United States Government 
18 or the Government's mission to an international 
19 organization having its headquarters in the United 
20 States; or
21    (B) en route to or from another country to 
22 which that noncitizen is accredited;
23   (3) an official of a foreign government or 
24 distinguished foreign visitor who has been so 
25 designated by the Department of State;
26   (4) a foreign law enforcement officer of a 
 
 
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1 friendly foreign government entering the United States 
2 on official business; or
3   (5) one who has received a waiver from the 
4 Attorney General of the United States pursuant to 18 
5 U.S.C. 922(y)(3);
6  (j) (Blank);
7  (k) A person who has been convicted within the past 5 
8 years of battery, assault, aggravated assault, violation 
9 of an order of protection, or a substantially similar 
10 offense in another jurisdiction, in which a firearm was 
11 used or possessed;
12  (l) A person who has been convicted of domestic 
13 battery, aggravated domestic battery, or a substantially 
14 similar offense in another jurisdiction committed before, 
15 on or after January 1, 2012 (the effective date of Public 
16 Act 97-158). If the applicant or person who has been 
17 previously issued a Firearm Owner's Identification Card 
18 under this Act knowingly and intelligently waives the 
19 right to have an offense described in this paragraph (l) 
20 tried by a jury, and by guilty plea or otherwise, results 
21 in a conviction for an offense in which a domestic 
22 relationship is not a required element of the offense but 
23 in which a determination of the applicability of 18 U.S.C. 
24 922(g)(9) is made under Section 112A-11.1 of the Code of 
25 Criminal Procedure of 1963, an entry by the court of a 
26 judgment of conviction for that offense shall be grounds 
 
 
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1 for denying an application for and for revoking and 
2 seizing a Firearm Owner's Identification Card previously 
3 issued to the person under this Act;
4  (m) (Blank);
5  (n) A person who is prohibited from acquiring or 
6 possessing firearms or firearm ammunition by any Illinois 
7 State statute or by federal law;
8  (o) A minor subject to a petition filed under Section 
9 5-520 of the Juvenile Court Act of 1987 alleging that the 
10 minor is a delinquent minor for the commission of an 
11 offense that if committed by an adult would be a felony; 
12  (p) An adult who had been adjudicated a delinquent 
13 minor under the Juvenile Court Act of 1987 for the 
14 commission of an offense that if committed by an adult 
15 would be a felony;
16  (q) A person who is not a resident of the State of 
17 Illinois, except as provided in subsection (a-10) of 
18 Section 4; 
19  (r) A person who has been adjudicated as a person with 
20 a mental disability; 
21  (s) A person who has been found to have a 
22 developmental disability; 
23  (t) A person involuntarily admitted into a mental 
24 health facility; or 
25  (u) A person who has had his or her Firearm Owner's 
26 Identification Card revoked or denied under subsection (e) 
 
 
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1 of this Section or item (iv) of paragraph (2) of 
2 subsection (a) of Section 4 of this Act because he or she 
3 was a patient in a mental health facility as provided in 
4 subsection (e) of this Section, shall not be permitted to 
5 obtain a Firearm Owner's Identification Card, after the 
6 5-year period has lapsed, unless he or she has received a 
7 mental health evaluation by a physician, clinical 
8 psychologist, or qualified examiner as those terms are 
9 defined in the Mental Health and Developmental 
10 Disabilities Code, and has received a certification that 
11 he or she is not a clear and present danger to himself, 
12 herself, or others. The physician, clinical psychologist, 
13 or qualified examiner making the certification and his or 
14 her employer shall not be held criminally, civilly, or 
15 professionally liable for making or not making the 
16 certification required under this subsection, except for 
17 willful or wanton misconduct. This subsection does not 
18 apply to a person whose firearm possession rights have 
19 been restored through administrative or judicial action 
20 under Section 10 or 11 of this Act. 
21 Upon revocation of a person's Firearm Owner's 
22Identification Card, the Illinois State Police shall provide 
23notice to the person and the person shall comply with Section 
249.5 of this Act. 
25(Source: P.A. 101-80, eff. 7-12-19; 102-538, eff. 8-20-21; 
26102-645, eff. 1-1-22; 102-813, eff. 5-13-22; 102-1030, eff. 
 
 
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15-27-22; 102-1116, eff. 1-10-23.)

2 (430 ILCS 65/4.1 rep.)
3 Section 15. The Firearm Owners Identification Card Act is 
4amended by repealing Section 4.1.

5 Section 20. The Firearms Restraining Order Act is amended 
6by changing Sections 40, 45, and 55 as follows:

7 (430 ILCS 67/40)
8 Sec. 40. Plenary Six-month orders. 
9 (a) A petitioner may request a 6-month firearms 
10restraining order for up to one year by filing an affidavit or 
11verified pleading alleging that the respondent poses a 
12significant danger of causing personal injury to himself, 
13herself, or another in the near future by having in his or her 
14custody or control, purchasing, possessing, or receiving a 
15firearm, ammunition, and firearm parts that could be assembled 
16to make an operable firearm. The petition shall also describe 
17the number, types, and locations of any firearms, ammunition, 
18and firearm parts that could be assembled to make an operable 
19firearm presently believed by the petitioner to be possessed 
20or controlled by the respondent. The firearms restraining 
21order may be renewed for an additional period of up to one year 
22in accordance with Section 45 of this Act. 
23 (b) If the respondent is alleged to pose a significant 
 
 
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1danger of causing personal injury to an intimate partner, or 
2an intimate partner is alleged to have been the target of a 
3threat or act of violence by the respondent, the petitioner 
4shall make a good faith effort to provide notice to any and all 
5intimate partners of the respondent. The notice must include 
6the duration of time that the petitioner intends to petition 
7the court for a 6-month firearms restraining order, and, if 
8the petitioner is a law enforcement officer, referral to 
9relevant domestic violence or stalking advocacy or counseling 
10resources, if appropriate. The petitioner shall attest to 
11having provided the notice in the filed affidavit or verified 
12pleading. If, after making a good faith effort, the petitioner 
13is unable to provide notice to any or all intimate partners, 
14the affidavit or verified pleading should describe what 
15efforts were made.
16 (c) Every person who files a petition for a plenary 
176-month firearms restraining order, knowing the information 
18provided to the court at any hearing or in the affidavit or 
19verified pleading to be false, is guilty of perjury under 
20Section 32-2 of the Criminal Code of 2012. 
21 (d) Upon receipt of a petition for a plenary 6-month 
22firearms restraining order, the court shall order a hearing 
23within 30 days. 
24 (e) In determining whether to issue a firearms restraining 
25order under this Section, the court shall consider evidence 
26including, but not limited to, the following: 
 
 
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1  (1) The unlawful and reckless use, display, or 
2 brandishing of a firearm, ammunition, and firearm parts 
3 that could be assembled to make an operable firearm by the 
4 respondent. 
5  (2) The history of use, attempted use, or threatened 
6 use of physical force by the respondent against another 
7 person. 
8  (3) Any prior arrest of the respondent for a felony 
9 offense.
10  (4) Evidence of the abuse of controlled substances or 
11 alcohol by the respondent.
12  (5) A recent threat of violence or act of violence by 
13 the respondent directed toward himself, herself, or 
14 another.
15  (6) A violation of an emergency order of protection 
16 issued under Section 217 of the Illinois Domestic Violence 
17 Act of 1986 or Section 112A-17 of the Code of Criminal 
18 Procedure of 1963 or of an order of protection issued 
19 under Section 214 of the Illinois Domestic Violence Act of 
20 1986 or Section 112A-14 of the Code of Criminal Procedure 
21 of 1963. 
22  (7) A pattern of violent acts or violent threats, 
23 including, but not limited to, threats of violence or acts 
24 of violence by the respondent directed toward himself, 
25 herself, or another.
26 (f) At the hearing, the petitioner shall have the burden 
 
 
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1of proving, by clear and convincing evidence, that the 
2respondent poses a significant danger of personal injury to 
3himself, herself, or another by having in his or her custody or 
4control, purchasing, possessing, or receiving a firearm, 
5ammunition, and firearm parts that could be assembled to make 
6an operable firearm.
7 (g) If the court finds that there is clear and convincing 
8evidence to issue a plenary firearms restraining order, the 
9court shall issue a firearms restraining order that shall be 
10in effect for up to one year, but not less than 6 months, 6 
11months subject to renewal under Section 45 of this Act or 
12termination under that Section. 
13 (g-5) If the court issues a plenary 6-month firearms 
14restraining order, it shall, upon a finding of probable cause 
15that the respondent possesses firearms, ammunition, and 
16firearm parts that could be assembled to make an operable 
17firearm, issue a search warrant directing a law enforcement 
18agency to seize the respondent's firearms, ammunition, and 
19firearm parts that could be assembled to make an operable 
20firearm. The court may, as part of that warrant, direct the law 
21enforcement agency to search the respondent's residence and 
22other places where the court finds there is probable cause to 
23believe he or she is likely to possess the firearms, 
24ammunition, and firearm parts that could be assembled to make 
25an operable firearm. A return of the search warrant shall be 
26filed by the law enforcement agency within 4 days thereafter, 
 
 
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1setting forth the time, date, and location that the search 
2warrant was executed and what items, if any, were seized. 
3 (h) A plenary 6-month firearms restraining order shall 
4require:
5  (1) the respondent to refrain from having in his or 
6 her custody or control, purchasing, possessing, or 
7 receiving additional firearms, ammunition, and firearm 
8 parts that could be assembled to make an operable firearm 
9 for the duration of the order under Section 8.2 of the 
10 Firearm Owners Identification Card Act; and
11  (2) the respondent to comply with Section 9.5 of the 
12 Firearm Owners Identification Card Act and subsection (g) 
13 of Section 70 of the Firearm Concealed Carry Act.
14 (i) Except as otherwise provided in subsection (i-5) of 
15this Section, upon expiration of the period of safekeeping, if 
16the firearms, ammunition, and firearm parts that could be 
17assembled to make an operable firearm or Firearm Owner's 
18Identification Card cannot be returned to the respondent 
19because the respondent cannot be located, fails to respond to 
20requests to retrieve the firearms, ammunition, and firearm 
21parts that could be assembled to make an operable firearm, or 
22is not lawfully eligible to possess a firearm, ammunition, and 
23firearm parts that could be assembled to make an operable 
24firearm, upon petition from the local law enforcement agency, 
25the court may order the local law enforcement agency to 
26destroy the firearms, ammunition, and firearm parts that could 
 
 
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1be assembled to make an operable firearm, use the firearms, 
2ammunition, and firearm parts that could be assembled to make 
3an operable firearm for training purposes, or use the 
4firearms, ammunition, and firearm parts that could be 
5assembled to make an operable firearm for any other 
6application as deemed appropriate by the local law enforcement 
7agency.
8 (i-5) A respondent whose Firearm Owner's Identification 
9Card has been revoked or suspended may petition the court, if 
10the petitioner is present in court or has notice of the 
11respondent's petition, to transfer the respondent's firearm, 
12ammunition, and firearm parts that could be assembled to make 
13an operable firearm to a person who is lawfully able to possess 
14the firearm, ammunition, and firearm parts that could be 
15assembled to make an operable firearm if the person does not 
16reside at the same address as the respondent. Notice of the 
17petition shall be served upon the person protected by the 
18emergency firearms restraining order. While the order is in 
19effect, the transferee who receives the respondent's firearms, 
20ammunition, and firearm parts that could be assembled to make 
21an operable firearm must swear or affirm by affidavit that he 
22or she shall not transfer the firearm, ammunition, and firearm 
23parts that could be assembled to make an operable firearm to 
24the respondent or to anyone residing in the same residence as 
25the respondent.
26 (i-6) If a person other than the respondent claims title 
 
 
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1to any firearms, ammunition, and firearm parts that could be 
2assembled to make an operable firearm surrendered under this 
3Section, he or she may petition the court, if the petitioner is 
4present in court or has notice of the petition, to have the 
5firearm, ammunition, and firearm parts that could be assembled 
6to make an operable firearm returned to him or her. If the 
7court determines that person to be the lawful owner of the 
8firearm, ammunition, and firearm parts that could be assembled 
9to make an operable firearm, the firearm, ammunition, and 
10firearm parts that could be assembled to make an operable 
11firearm shall be returned to him or her, provided that:
12  (1) the firearm, ammunition, and firearm parts that 
13 could be assembled to make an operable firearm are removed 
14 from the respondent's custody, control, or possession and 
15 the lawful owner agrees to store the firearm, ammunition, 
16 and firearm parts that could be assembled to make an 
17 operable firearm in a manner such that the respondent does 
18 not have access to or control of the firearm, ammunition, 
19 and firearm parts that could be assembled to make an 
20 operable firearm; and
21  (2) the firearm, ammunition, and firearm parts that 
22 could be assembled to make an operable firearm are not 
23 otherwise unlawfully possessed by the owner.
24 The person petitioning for the return of his or her 
25firearm, ammunition, and firearm parts that could be assembled 
26to make an operable firearm must swear or affirm by affidavit 
 
 
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1that he or she: (i) is the lawful owner of the firearm, 
2ammunition, and firearm parts that could be assembled to make 
3an operable firearm; (ii) shall not transfer the firearm, 
4ammunition, and firearm parts that could be assembled to make 
5an operable firearm to the respondent; and (iii) will store 
6the firearm, ammunition, and firearm parts that could be 
7assembled to make an operable firearm in a manner that the 
8respondent does not have access to or control of the firearm, 
9ammunition, and firearm parts that could be assembled to make 
10an operable firearm. 
11 (j) If the court does not issue a firearms restraining 
12order at the hearing, the court shall dissolve any emergency 
13firearms restraining order then in effect.
14 (k) When the court issues a firearms restraining order 
15under this Section, the court shall inform the respondent that 
16he or she is entitled to one hearing during the period of the 
17order to request a termination of the order, under Section 45 
18of this Act, and shall provide the respondent with a form to 
19request a hearing. 
20(Source: P.A. 101-81, eff. 7-12-19; 102-237, eff. 1-1-22; 
21102-345, eff. 6-1-22; 102-538, eff. 8-20-21; 102-813, eff. 
225-13-22; 102-1116, eff. 1-10-23.)

23 (430 ILCS 67/45)
24 Sec. 45. Termination and renewal. 
25 (a) A person subject to a firearms restraining order 
 
 
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1issued under this Act may submit one written request at any 
2time during the effective period of the order for a hearing to 
3terminate the order.
4  (1) The respondent shall have the burden of proving by 
5 a preponderance of the evidence that the respondent does 
6 not pose a danger of causing personal injury to himself, 
7 herself, or another in the near future by having in his or 
8 her custody or control, purchasing, possessing, or 
9 receiving a firearm, ammunition, and firearm parts that 
10 could be assembled to make an operable firearm.
11  (2) If the court finds after the hearing that the 
12 respondent has met his or her burden, the court shall 
13 terminate the order. 
14 (b) A petitioner may request a renewal of a firearms 
15restraining order at any time within the 3 months before the 
16expiration of a firearms restraining order.
17  (1) A court shall, after notice and a hearing, renew a 
18 firearms restraining order issued under this part if the 
19 petitioner proves, by clear and convincing evidence, that 
20 the respondent continues to pose a danger of causing 
21 personal injury to himself, herself, or another in the 
22 near future by having in his or her custody or control, 
23 purchasing, possessing, or receiving a firearm, 
24 ammunition, and firearm parts that could be assembled to 
25 make an operable firearm.
26  (2) In determining whether to renew a firearms 
 
 
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1 restraining order issued under this Act, the court shall 
2 consider evidence of the facts identified in subsection 
3 (e) of Section 40 of this Act and any other evidence of an 
4 increased risk for violence. 
5  (3) At the hearing, the petitioner shall have the 
6 burden of proving by clear and convincing evidence that 
7 the respondent continues to pose a danger of causing 
8 personal injury to himself, herself, or another in the 
9 near future by having in his or her custody or control, 
10 purchasing, possessing, or receiving a firearm, 
11 ammunition, and firearm parts that could be assembled to 
12 make an operable firearm.
13  (4) The renewal of a firearms restraining order issued 
14 under this Section shall be in effect for 6 months up to 
15 one year and may be renewed for an additional period of up 
16 to one year, subject to termination by further order of 
17 the court at a hearing held under this Section and further 
18 renewal by further order of the court under this Section.
19(Source: P.A. 101-81, eff. 7-12-19; 102-345, eff. 6-1-22; 
20102-1116, eff. 1-10-23.)

21 (430 ILCS 67/55)
22 Sec. 55. Data maintenance by law enforcement agencies. 
23 (a) All sheriffs shall furnish to the Illinois State 
24Police, daily, in the form and detail the Illinois State 
25Police requires, copies of any recorded firearms restraining 
 
 
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1orders issued by the court, and any foreign orders of 
2protection filed by the clerk of the court, and transmitted to 
3the sheriff by the clerk of the court under Section 50. Each 
4firearms restraining order shall be entered in the Law 
5Enforcement Agencies Data System (LEADS) on the same day it is 
6issued by the court. If an emergency firearms restraining 
7order was issued in accordance with Section 35 of this Act, the 
8order shall be entered in the Law Enforcement Agencies Data 
9System (LEADS) as soon as possible after receipt from the 
10clerk.
11 (b) The Illinois State Police shall maintain a complete 
12and systematic record and index of all valid and recorded 
13firearms restraining orders issued or filed under this Act. 
14The data shall be used to inform all dispatchers and law 
15enforcement officers at the scene of a violation of a firearms 
16restraining order of the effective dates and terms of any 
17recorded order of protection. 
18 (c) The data, records, and transmittals required under 
19this Section shall pertain to any valid emergency or plenary 
206-month firearms restraining order, whether issued in a civil 
21or criminal proceeding or authorized under the laws of another 
22state, tribe, or United States territory. 
23(Source: P.A. 101-81, eff. 7-12-19; 102-538, eff. 8-20-21; 
24102-1116, eff. 1-10-23.)

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

2 (720 ILCS 5/24-1) (from Ch. 38, par. 24-1)
3 Sec. 24-1. Unlawful possession of weapons. 
4 (a) A person commits the offense of unlawful possession of 
5weapons when he knowingly:
6  (1) Sells, manufactures, purchases, possesses or 
7 carries any bludgeon, black-jack, slung-shot, sand-club, 
8 sand-bag, metal knuckles or other knuckle weapon 
9 regardless of its composition, throwing star, or any 
10 knife, commonly referred to as a switchblade knife, which 
11 has a blade that opens automatically by hand pressure 
12 applied to a button, spring or other device in the handle 
13 of the knife, or a ballistic knife, which is a device that 
14 propels a knifelike blade as a projectile by means of a 
15 coil spring, elastic material or compressed gas; or
16  (2) Carries or possesses with intent to use the same 
17 unlawfully against another, a dagger, dirk, billy, 
18 dangerous knife, razor, stiletto, broken bottle or other 
19 piece of glass, stun gun or taser or any other dangerous or 
20 deadly weapon or instrument of like character; or
21  (2.5) Carries or possesses with intent to use the same 
22 unlawfully against another, any firearm in a church, 
23 synagogue, mosque, or other building, structure, or place 
24 used for religious worship; or 
25  (3) Carries on or about his person or in any vehicle, a 
 
 
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1 tear gas gun projector or bomb or any object containing 
2 noxious liquid gas or substance, other than an object 
3 containing a non-lethal noxious liquid gas or substance 
4 designed solely for personal defense carried by a person 
5 18 years of age or older; or
6  (4) Carries or possesses in any vehicle or concealed 
7 on or about his person except when on his land or in his 
8 own abode, legal dwelling, or fixed place of business, or 
9 on the land or in the legal dwelling of another person as 
10 an invitee with that person's permission, any pistol, 
11 revolver, stun gun or taser or other firearm, except that 
12 this subsection (a)(4) does not apply to or affect 
13 transportation of weapons that meet one of the following 
14 conditions:
15   (i) are broken down in a non-functioning state; or
16   (ii) are not immediately accessible; or
17   (iii) are unloaded and enclosed in a case, firearm 
18 carrying box, shipping box, or other container by a 
19 person who has been issued a currently valid Firearm 
20 Owner's Identification Card; or
21   (iv) are carried or possessed in accordance with 
22 the Firearm Concealed Carry Act by a person who has 
23 been issued a currently valid license under the 
24 Firearm Concealed Carry Act; or 
25  (5) Sets a spring gun; or
26  (6) Possesses any device or attachment of any kind 
 
 
HB3242- 30 -LRB104 10409 RLC 20484 b


1 designed, used or intended for use in silencing the report 
2 of any firearm; or
3  (7) Sells, manufactures, purchases, possesses or 
4 carries:
5   (i) a machine gun, which shall be defined for the 
6 purposes of this subsection as any weapon, which 
7 shoots, is designed to shoot, or can be readily 
8 restored to shoot, automatically more than one shot 
9 without manually reloading by a single function of the 
10 trigger, including the frame or receiver of any such 
11 weapon, or sells, manufactures, purchases, possesses, 
12 or carries any combination of parts designed or 
13 intended for use in converting any weapon into a 
14 machine gun, or any combination or parts from which a 
15 machine gun can be assembled if such parts are in the 
16 possession or under the control of a person;
17   (ii) any rifle having one or more barrels less 
18 than 16 inches in length or a shotgun having one or 
19 more barrels less than 18 inches in length or any 
20 weapon made from a rifle or shotgun, whether by 
21 alteration, modification, or otherwise, if such a 
22 weapon as modified has an overall length of less than 
23 26 inches; or
24   (iii) any bomb, bomb-shell, grenade, bottle or 
25 other container containing an explosive substance of 
26 over one-quarter ounce for like purposes, such as, but 
 
 
HB3242- 31 -LRB104 10409 RLC 20484 b


1 not limited to, black powder bombs and Molotov 
2 cocktails or artillery projectiles; or
3  (8) Carries or possesses any firearm, stun gun or 
4 taser or other deadly weapon in any place which is 
5 licensed to sell intoxicating beverages, or at any public 
6 gathering held pursuant to a license issued by any 
7 governmental body or any public gathering at which an 
8 admission is charged, excluding a place where a showing, 
9 demonstration or lecture involving the exhibition of 
10 unloaded firearms is conducted.
11  This subsection (a)(8) does not apply to any auction 
12 or raffle of a firearm held pursuant to a license or permit 
13 issued by a governmental body, nor does it apply to 
14 persons engaged in firearm safety training courses; or
15  (9) Carries or possesses in a vehicle or on or about 
16 his or her person any pistol, revolver, stun gun or taser 
17 or firearm or ballistic knife, when he or she is hooded, 
18 robed or masked in such manner as to conceal his or her 
19 identity; or
20  (10) Carries or possesses on or about his or her 
21 person, upon any public street, alley, or other public 
22 lands within the corporate limits of a city, village, or 
23 incorporated town, except when an invitee thereon or 
24 therein, for the purpose of the display of such weapon or 
25 the lawful commerce in weapons, or except when on his land 
26 or in his or her own abode, legal dwelling, or fixed place 
 
 
HB3242- 32 -LRB104 10409 RLC 20484 b


1 of business, or on the land or in the legal dwelling of 
2 another person as an invitee with that person's 
3 permission, any pistol, revolver, stun gun, or taser or 
4 other firearm, except that this subsection (a)(10) does 
5 not apply to or affect transportation of weapons that meet 
6 one of the following conditions:
7   (i) are broken down in a non-functioning state; or
8   (ii) are not immediately accessible; or
9   (iii) are unloaded and enclosed in a case, firearm 
10 carrying box, shipping box, or other container by a 
11 person who has been issued a currently valid Firearm 
12 Owner's Identification Card; or
13   (iv) are carried or possessed in accordance with 
14 the Firearm Concealed Carry Act by a person who has 
15 been issued a currently valid license under the 
16 Firearm Concealed Carry Act. 
17  A "stun gun or taser", as used in this paragraph (a) 
18 means (i) any device which is powered by electrical 
19 charging units, such as, batteries, and which fires one or 
20 several barbs attached to a length of wire and which, upon 
21 hitting a human, can send out a current capable of 
22 disrupting the person's nervous system in such a manner as 
23 to render him incapable of normal functioning or (ii) any 
24 device which is powered by electrical charging units, such 
25 as batteries, and which, upon contact with a human or 
26 clothing worn by a human, can send out current capable of 
 
 
HB3242- 33 -LRB104 10409 RLC 20484 b


1 disrupting the person's nervous system in such a manner as 
2 to render him incapable of normal functioning; or
3  (11) Sells, manufactures, delivers, imports, 
4 possesses, or purchases any assault weapon attachment or 
5 .50 caliber cartridge in violation of Section 24-1.9 or 
6 any explosive bullet. For purposes of this paragraph (a) 
7 "explosive bullet" means the projectile portion of an 
8 ammunition cartridge which contains or carries an 
9 explosive charge which will explode upon contact with the 
10 flesh of a human or an animal. "Cartridge" means a tubular 
11 metal case having a projectile affixed at the front 
12 thereof and a cap or primer at the rear end thereof, with 
13 the propellant contained in such tube between the 
14 projectile and the cap; or
15  (12) (Blank); or
16  (13) Carries or possesses on or about his or her 
17 person while in a building occupied by a unit of 
18 government, a billy club, other weapon of like character, 
19 or other instrument of like character intended for use as 
20 a weapon. For the purposes of this Section, "billy club" 
21 means a short stick or club commonly carried by police 
22 officers which is either telescopic or constructed of a 
23 solid piece of wood or other man-made material. ; or
24  (14) Manufactures, possesses, sells, or offers to 
25 sell, purchase, manufacture, import, transfer, or use any 
26 device, part, kit, tool, accessory, or combination of 
 
 
HB3242- 34 -LRB104 10409 RLC 20484 b


1 parts that is designed to and functions to increase the 
2 rate of fire of a semiautomatic firearm above the standard 
3 rate of fire for semiautomatic firearms that is not 
4 equipped with that device, part, or combination of parts; 
5 or
6  (15) Carries or possesses any assault weapon or .50 
7 caliber rifle in violation of Section 24-1.9; or
8  (16) Manufactures, sells, delivers, imports, or 
9 purchases any assault weapon or .50 caliber rifle in 
10 violation of Section 24-1.9. 
11 (b) Sentence. A person convicted of a violation of 
12subsection 24-1(a)(1) through (5), subsection 24-1(a)(10), 
13subsection 24-1(a)(11), or subsection 24-1(a)(13), or 
1424-1(a)(15) commits a Class A misdemeanor. A person convicted 
15of a violation of subsection 24-1(a)(8) or 24-1(a)(9) commits 
16a Class 4 felony; a person convicted of a violation of 
17subsection 24-1(a)(6), 24-1(a)(7)(ii), or 24-1(a)(7)(iii), or 
1824-1(a)(16) commits a Class 3 felony. A person convicted of a 
19violation of subsection 24-1(a)(7)(i) commits a Class 2 felony 
20and shall be sentenced to a term of imprisonment of not less 
21than 3 years and not more than 7 years, unless the weapon is 
22possessed in the passenger compartment of a motor vehicle as 
23defined in Section 1-146 of the Illinois Vehicle Code, or on 
24the person, while the weapon is loaded, in which case it shall 
25be a Class X felony. A person convicted of a second or 
26subsequent violation of subsection 24-1(a)(4), 24-1(a)(8), 
 
 
HB3242- 35 -LRB104 10409 RLC 20484 b


124-1(a)(9) or , 24-1(a)(10), or 24-1(a)(15) commits a Class 3 
2felony. A person convicted of a violation of subsection 
324-1(a)(2.5) or 24-1(a)(14) commits a Class 2 felony. The 
4possession of each weapon or device in violation of this 
5Section constitutes a single and separate violation.
6 (c) Violations in specific places.
7  (1) A person who violates subsection 24-1(a)(6) or 
8 24-1(a)(7) in any school, regardless of the time of day or 
9 the time of year, in residential property owned, operated 
10 or managed by a public housing agency or leased by a public 
11 housing agency as part of a scattered site or mixed-income 
12 development, in a public park, in a courthouse, on the 
13 real property comprising any school, regardless of the 
14 time of day or the time of year, on residential property 
15 owned, operated or managed by a public housing agency or 
16 leased by a public housing agency as part of a scattered 
17 site or mixed-income development, on the real property 
18 comprising any public park, on the real property 
19 comprising any courthouse, in any conveyance owned, leased 
20 or contracted by a school to transport students to or from 
21 school or a school related activity, in any conveyance 
22 owned, leased, or contracted by a public transportation 
23 agency, or on any public way within 1,000 feet of the real 
24 property comprising any school, public park, courthouse, 
25 public transportation facility, or residential property 
26 owned, operated, or managed by a public housing agency or 
 
 
HB3242- 36 -LRB104 10409 RLC 20484 b


1 leased by a public housing agency as part of a scattered 
2 site or mixed-income development commits a Class 2 felony 
3 and shall be sentenced to a term of imprisonment of not 
4 less than 3 years and not more than 7 years.
5  (1.5) A person who violates subsection 24-1(a)(4), 
6 24-1(a)(9), or 24-1(a)(10) in any school, regardless of 
7 the time of day or the time of year, in residential 
8 property owned, operated, or managed by a public housing 
9 agency or leased by a public housing agency as part of a 
10 scattered site or mixed-income development, in a public 
11 park, in a courthouse, on the real property comprising any 
12 school, regardless of the time of day or the time of year, 
13 on residential property owned, operated, or managed by a 
14 public housing agency or leased by a public housing agency 
15 as part of a scattered site or mixed-income development, 
16 on the real property comprising any public park, on the 
17 real property comprising any courthouse, in any conveyance 
18 owned, leased, or contracted by a school to transport 
19 students to or from school or a school related activity, 
20 in any conveyance owned, leased, or contracted by a public 
21 transportation agency, or on any public way within 1,000 
22 feet of the real property comprising any school, public 
23 park, courthouse, public transportation facility, or 
24 residential property owned, operated, or managed by a 
25 public housing agency or leased by a public housing agency 
26 as part of a scattered site or mixed-income development 
 
 
HB3242- 37 -LRB104 10409 RLC 20484 b


1 commits a Class 3 felony.
2  (2) A person who violates subsection 24-1(a)(1), 
3 24-1(a)(2), or 24-1(a)(3) in any school, regardless of the 
4 time of day or the time of year, in residential property 
5 owned, operated or managed by a public housing agency or 
6 leased by a public housing agency as part of a scattered 
7 site or mixed-income development, in a public park, in a 
8 courthouse, on the real property comprising any school, 
9 regardless of the time of day or the time of year, on 
10 residential property owned, operated or managed by a 
11 public housing agency or leased by a public housing agency 
12 as part of a scattered site or mixed-income development, 
13 on the real property comprising any public park, on the 
14 real property comprising any courthouse, in any conveyance 
15 owned, leased or contracted by a school to transport 
16 students to or from school or a school related activity, 
17 in any conveyance owned, leased, or contracted by a public 
18 transportation agency, or on any public way within 1,000 
19 feet of the real property comprising any school, public 
20 park, courthouse, public transportation facility, or 
21 residential property owned, operated, or managed by a 
22 public housing agency or leased by a public housing agency 
23 as part of a scattered site or mixed-income development 
24 commits a Class 4 felony. "Courthouse" means any building 
25 that is used by the Circuit, Appellate, or Supreme Court 
26 of this State for the conduct of official business.
 
 
HB3242- 38 -LRB104 10409 RLC 20484 b


1  (3) Paragraphs (1), (1.5), and (2) of this subsection 
2 (c) shall not apply to law enforcement officers or 
3 security officers of such school, college, or university 
4 or to students carrying or possessing firearms for use in 
5 training courses, parades, hunting, target shooting on 
6 school ranges, or otherwise with the consent of school 
7 authorities and which firearms are transported unloaded 
8 enclosed in a suitable case, box, or transportation 
9 package.
10  (4) For the purposes of this subsection (c), "school" 
11 means any public or private elementary or secondary 
12 school, community college, college, or university.
13  (5) For the purposes of this subsection (c), "public 
14 transportation agency" means a public or private agency 
15 that provides for the transportation or conveyance of 
16 persons by means available to the general public, except 
17 for transportation by automobiles not used for conveyance 
18 of the general public as passengers; and "public 
19 transportation facility" means a terminal or other place 
20 where one may obtain public transportation. 
21 (d) The presence in an automobile other than a public 
22omnibus of any weapon, instrument or substance referred to in 
23subsection (a)(7) is prima facie evidence that it is in the 
24possession of, and is being carried by, all persons occupying 
25such automobile at the time such weapon, instrument or 
26substance is found, except under the following circumstances: 
 
 
HB3242- 39 -LRB104 10409 RLC 20484 b


1(i) if such weapon, instrument or instrumentality is found 
2upon the person of one of the occupants therein; or (ii) if 
3such weapon, instrument or substance is found in an automobile 
4operated for hire by a duly licensed driver in the due, lawful 
5and proper pursuit of his or her trade, then such presumption 
6shall not apply to the driver.
7 (e) Exemptions.
8  (1) Crossbows, Common or Compound bows and Underwater 
9 Spearguns are exempted from the definition of ballistic 
10 knife as defined in paragraph (1) of subsection (a) of 
11 this Section.
12  (2) The provision of paragraph (1) of subsection (a) 
13 of this Section prohibiting the sale, manufacture, 
14 purchase, possession, or carrying of any knife, commonly 
15 referred to as a switchblade knife, which has a blade that 
16 opens automatically by hand pressure applied to a button, 
17 spring or other device in the handle of the knife, does not 
18 apply to a person who possesses a currently valid Firearm 
19 Owner's Identification Card previously issued in his or 
20 her name by the Illinois State Police or to a person or an 
21 entity engaged in the business of selling or manufacturing 
22 switchblade knives. 
23(Source: P.A. 102-538, eff. 8-20-21; 102-1116, eff. 1-10-23; 
24103-822, eff. 1-1-25.)

25 (720 ILCS 5/24-1.9 rep.)
 
 
HB3242- 40 -LRB104 10409 RLC 20484 b


1 (720 ILCS 5/24-1.10 rep.)
2 Section 30. The Criminal Code of 2012 is amended by 
3repealing Sections 24-1.9 and 24-1.10.