103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3891 Introduced 2/17/2023, by Rep. Sonya M. Harper SYNOPSIS AS INTRODUCED: 720 ILCS 5/24-0.05 new720 ILCS 5/24-1.11 new720 ILCS 5/24-1.12 new720 ILCS 5/24-1.13 new720 ILCS 5/24-1.14 new720 ILCS 5/24-2 720 ILCS 5/24-4 from Ch. 38, par. 24-4 720 ILCS 5/24-5 from Ch. 38, par. 24-5 Amends the Criminal Code of 2012. Provides that beginning January 1, 2024, all handgun ammunition that is manufactured, imported into the State for sale or personal use, kept for sale, offered or exposed for sale, sold, given, lent, or possessed shall be serialized. Provides that beginning January 1, 2024, any person who manufactures, causes to be manufactured, imports into the State for sale or personal use, keeps for sale, offers or exposes for sale, or who gives or lends any handgun ammunition that is not serialized is guilty of a Class A misdemeanor. Provides that beginning January 1, 2024, any person who possesses in any public place any handgun ammunition that is not serialized is guilty of a Class C misdemeanor. Provides exceptions. Provides that beginning January 1, 2024, the Illinois State Police shall maintain a centralized registry of all reports of handgun ammunition transactions reported to the Illinois State Police in a manner prescribed by the Illinois State Police. Provides that information in the registry, upon proper application for that information, shall be furnished to peace officers and authorized employees of the Illinois State Police or to the person listed in the registry as the owner of the particular handgun ammunition. Provides that the Illinois State Police shall adopt rules relating to the assessment and collection of end-user fees in an amount not to exceed $0.005 per round of handgun ammunition or per bullet, in which the accumulated fee amount may not exceed the cost to pay for the infrastructure, implementation, operational, enforcement, and future development costs of these provisions. Effective January 1, 2024, except some provisions effective immediately. LRB103 25815 RLC 52166 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3891 Introduced 2/17/2023, by Rep. Sonya M. Harper SYNOPSIS AS INTRODUCED: 720 ILCS 5/24-0.05 new720 ILCS 5/24-1.11 new720 ILCS 5/24-1.12 new720 ILCS 5/24-1.13 new720 ILCS 5/24-1.14 new720 ILCS 5/24-2 720 ILCS 5/24-4 from Ch. 38, par. 24-4 720 ILCS 5/24-5 from Ch. 38, par. 24-5 720 ILCS 5/24-0.05 new 720 ILCS 5/24-1.11 new 720 ILCS 5/24-1.12 new 720 ILCS 5/24-1.13 new 720 ILCS 5/24-1.14 new 720 ILCS 5/24-2 720 ILCS 5/24-4 from Ch. 38, par. 24-4 720 ILCS 5/24-5 from Ch. 38, par. 24-5 Amends the Criminal Code of 2012. Provides that beginning January 1, 2024, all handgun ammunition that is manufactured, imported into the State for sale or personal use, kept for sale, offered or exposed for sale, sold, given, lent, or possessed shall be serialized. Provides that beginning January 1, 2024, any person who manufactures, causes to be manufactured, imports into the State for sale or personal use, keeps for sale, offers or exposes for sale, or who gives or lends any handgun ammunition that is not serialized is guilty of a Class A misdemeanor. Provides that beginning January 1, 2024, any person who possesses in any public place any handgun ammunition that is not serialized is guilty of a Class C misdemeanor. Provides exceptions. Provides that beginning January 1, 2024, the Illinois State Police shall maintain a centralized registry of all reports of handgun ammunition transactions reported to the Illinois State Police in a manner prescribed by the Illinois State Police. Provides that information in the registry, upon proper application for that information, shall be furnished to peace officers and authorized employees of the Illinois State Police or to the person listed in the registry as the owner of the particular handgun ammunition. Provides that the Illinois State Police shall adopt rules relating to the assessment and collection of end-user fees in an amount not to exceed $0.005 per round of handgun ammunition or per bullet, in which the accumulated fee amount may not exceed the cost to pay for the infrastructure, implementation, operational, enforcement, and future development costs of these provisions. Effective January 1, 2024, except some provisions effective immediately. LRB103 25815 RLC 52166 b LRB103 25815 RLC 52166 b A BILL FOR
103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3891 Introduced 2/17/2023, by Rep. Sonya M. Harper SYNOPSIS AS INTRODUCED:
720 ILCS 5/24-0.05 new720 ILCS 5/24-1.11 new720 ILCS 5/24-1.12 new720 ILCS 5/24-1.13 new720 ILCS 5/24-1.14 new720 ILCS 5/24-2 720 ILCS 5/24-4 from Ch. 38, par. 24-4 720 ILCS 5/24-5 from Ch. 38, par. 24-5 720 ILCS 5/24-0.05 new 720 ILCS 5/24-1.11 new 720 ILCS 5/24-1.12 new 720 ILCS 5/24-1.13 new 720 ILCS 5/24-1.14 new 720 ILCS 5/24-2 720 ILCS 5/24-4 from Ch. 38, par. 24-4 720 ILCS 5/24-5 from Ch. 38, par. 24-5
720 ILCS 5/24-0.05 new
720 ILCS 5/24-1.11 new
720 ILCS 5/24-1.12 new
720 ILCS 5/24-1.13 new
720 ILCS 5/24-1.14 new
720 ILCS 5/24-2
720 ILCS 5/24-4 from Ch. 38, par. 24-4
720 ILCS 5/24-5 from Ch. 38, par. 24-5
Amends the Criminal Code of 2012. Provides that beginning January 1, 2024, all handgun ammunition that is manufactured, imported into the State for sale or personal use, kept for sale, offered or exposed for sale, sold, given, lent, or possessed shall be serialized. Provides that beginning January 1, 2024, any person who manufactures, causes to be manufactured, imports into the State for sale or personal use, keeps for sale, offers or exposes for sale, or who gives or lends any handgun ammunition that is not serialized is guilty of a Class A misdemeanor. Provides that beginning January 1, 2024, any person who possesses in any public place any handgun ammunition that is not serialized is guilty of a Class C misdemeanor. Provides exceptions. Provides that beginning January 1, 2024, the Illinois State Police shall maintain a centralized registry of all reports of handgun ammunition transactions reported to the Illinois State Police in a manner prescribed by the Illinois State Police. Provides that information in the registry, upon proper application for that information, shall be furnished to peace officers and authorized employees of the Illinois State Police or to the person listed in the registry as the owner of the particular handgun ammunition. Provides that the Illinois State Police shall adopt rules relating to the assessment and collection of end-user fees in an amount not to exceed $0.005 per round of handgun ammunition or per bullet, in which the accumulated fee amount may not exceed the cost to pay for the infrastructure, implementation, operational, enforcement, and future development costs of these provisions. Effective January 1, 2024, except some provisions effective immediately.
LRB103 25815 RLC 52166 b LRB103 25815 RLC 52166 b
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A BILL FOR
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HB3891 LRB103 25815 RLC 52166 b
1 AN ACT concerning criminal law.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Criminal Code of 2012 is amended by
5 changing Sections 24-2, 24-4 and 24-5 and by adding Sections
6 24-0.05, 24-1.11, 24-1.12, 24-1.13, and 24-1.14 as follows:
7 (720 ILCS 5/24-0.05 new)
8 Sec. 24-0.05. Definitions. In this Article:
9 "Handgun ammunition" means ammunition principally for use
10 in pistols, revolvers, and other firearms capable of being
11 concealed upon the person, notwithstanding that the ammunition
12 may also be used in some rifles.
13 "Manufacturer", "ammunition manufacturer", or "registered
14 handgun ammunition manufacturer" means any person that
15 manufactures handgun ammunition within this State or
16 manufactures handgun ammunition with the intent to distribute
17 that ammunition for purposes, within this State, of sale,
18 loan, or transfer.
19 "Pistol", "revolver", and "firearm capable of being
20 concealed upon the person" applies to and includes any device
21 designed to be used as a weapon, from which is expelled a
22 projectile by the force of any explosion, or other form of
23 combustion, and that has a barrel less than 16 inches in
103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3891 Introduced 2/17/2023, by Rep. Sonya M. Harper SYNOPSIS AS INTRODUCED:
720 ILCS 5/24-0.05 new720 ILCS 5/24-1.11 new720 ILCS 5/24-1.12 new720 ILCS 5/24-1.13 new720 ILCS 5/24-1.14 new720 ILCS 5/24-2 720 ILCS 5/24-4 from Ch. 38, par. 24-4 720 ILCS 5/24-5 from Ch. 38, par. 24-5 720 ILCS 5/24-0.05 new 720 ILCS 5/24-1.11 new 720 ILCS 5/24-1.12 new 720 ILCS 5/24-1.13 new 720 ILCS 5/24-1.14 new 720 ILCS 5/24-2 720 ILCS 5/24-4 from Ch. 38, par. 24-4 720 ILCS 5/24-5 from Ch. 38, par. 24-5
720 ILCS 5/24-0.05 new
720 ILCS 5/24-1.11 new
720 ILCS 5/24-1.12 new
720 ILCS 5/24-1.13 new
720 ILCS 5/24-1.14 new
720 ILCS 5/24-2
720 ILCS 5/24-4 from Ch. 38, par. 24-4
720 ILCS 5/24-5 from Ch. 38, par. 24-5
Amends the Criminal Code of 2012. Provides that beginning January 1, 2024, all handgun ammunition that is manufactured, imported into the State for sale or personal use, kept for sale, offered or exposed for sale, sold, given, lent, or possessed shall be serialized. Provides that beginning January 1, 2024, any person who manufactures, causes to be manufactured, imports into the State for sale or personal use, keeps for sale, offers or exposes for sale, or who gives or lends any handgun ammunition that is not serialized is guilty of a Class A misdemeanor. Provides that beginning January 1, 2024, any person who possesses in any public place any handgun ammunition that is not serialized is guilty of a Class C misdemeanor. Provides exceptions. Provides that beginning January 1, 2024, the Illinois State Police shall maintain a centralized registry of all reports of handgun ammunition transactions reported to the Illinois State Police in a manner prescribed by the Illinois State Police. Provides that information in the registry, upon proper application for that information, shall be furnished to peace officers and authorized employees of the Illinois State Police or to the person listed in the registry as the owner of the particular handgun ammunition. Provides that the Illinois State Police shall adopt rules relating to the assessment and collection of end-user fees in an amount not to exceed $0.005 per round of handgun ammunition or per bullet, in which the accumulated fee amount may not exceed the cost to pay for the infrastructure, implementation, operational, enforcement, and future development costs of these provisions. Effective January 1, 2024, except some provisions effective immediately.
LRB103 25815 RLC 52166 b LRB103 25815 RLC 52166 b
LRB103 25815 RLC 52166 b
A BILL FOR
720 ILCS 5/24-0.05 new
720 ILCS 5/24-1.11 new
720 ILCS 5/24-1.12 new
720 ILCS 5/24-1.13 new
720 ILCS 5/24-1.14 new
720 ILCS 5/24-2
720 ILCS 5/24-4 from Ch. 38, par. 24-4
720 ILCS 5/24-5 from Ch. 38, par. 24-5
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1 length. These terms also include any device that has a barrel
2 16 inches or more in length which is designed to be
3 interchanged with a barrel less than 16 inches in length.
4 "Public place" means an area open to the public and
5 includes, but is not limited to, streets, sidewalks, bridges,
6 alleys, plazas, parks, driveways, front yards, parking lots,
7 including motor vehicles in these areas, whether moving or
8 not, and buildings open to the general public, including those
9 that serve food or drink, or provide entertainment, and the
10 doorways and entrances to buildings or dwellings.
11 "Retail mercantile establishment" has the meaning ascribed
12 to it in Section 16-0.1 of this Code.
13 "Serialized" means:
14 (1) the handgun ammunition has been identified in a
15 manner prescribed by the Illinois State Police so that all
16 assembled handgun ammunition contained within a package
17 provided for retail sale, or as otherwise specified by the
18 Illinois State Police, is uniquely identified;
19 (2) bullets used for reloading or handloading
20 contained within a package provided for retail sale, or as
21 otherwise specified by the Illinois State Police, are
22 uniquely identified;
23 (3) identification of the manufacturer of the items
24 described in subdivisions (1) and (2) of this definition;
25 (4) identification on the exterior of the items
26 described in subdivisions (1) and (2) of this definition
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1 in a manner that permits visual inspection for the purpose
2 of determining if the assembled handgun ammunition or
3 bullet is serialized;
4 (5) identification on the exterior of the items
5 described in subdivisions (1) and (2) of this definition
6 in a manner that is maintained subsequent to the discharge
7 of the handgun ammunition and subsequent to the impact of
8 the bullet, based on standards prescribed by the Illinois
9 State Police; and
10 (6) identification on the exterior of every package or
11 container of serialized handgun ammunition, as prescribed
12 by the Illinois State Police, with the same unique
13 identifiers used on the assembled handgun ammunition or
14 bullets contained within the packaging or container. A
15 package or container shall not be labeled with the same
16 unique identifiers as any other package or container by
17 the same manufacturer.
18 "Serialized handgun ammunition" means any of the
19 following, which are subject to serialization under this
20 Article:
21 (1) handgun ammunition;
22 (2) .22 caliber rimfire ammunition;
23 (3) assembled handgun ammunition packaged for retail
24 sale; or
25 (4) bullets used for reloading or handloading handgun
26 ammunition that are packaged for retail sale.
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1 "Serialized handgun ammunition" does not include blank
2 cartridges, shot-shells, or projectiles used in black powder
3 handguns.
4 (720 ILCS 5/24-1.11 new)
5 Sec. 24-1.11. Serialization of handgun ammunition.
6 (a) The Illinois State Police shall enforce the
7 requirements of the handgun serialization program and other
8 provisions of Sections 24-1.11 through 24-1.14 of this Code.
9 The Illinois State Police may prescribe the manner in which
10 handgun ammunition is serialized in order to comply with
11 Section 24-1.12 of this Code, including, but not limited to,
12 determining how handgun ammunition that is loose, packaged, in
13 lots, series, or otherwise aggregated for purposes of
14 manufacture or sale shall be serialized with a unique
15 identifier, under Section 24-1.12. The Illinois State Police
16 shall adopt rules implementing this Section no later than
17 January 1, 2024.
18 (b) The Illinois State Police may:
19 (1) adopt rules relating to the assessment and
20 collection of end-user fees in an amount not to exceed
21 $0.005 per round of handgun ammunition or per bullet, in
22 which the accumulated fee amount may not exceed the cost
23 to pay for the infrastructure, implementation,
24 operational, enforcement, and future development costs of
25 Sections 24-1.11 through 24-1.14;
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1 (2) adopt rules relating to the implementation and
2 furtherance of a retail handgun ammunition vendor's
3 registry and the assessment and collection of fees
4 associated with the registration program in an amount not
5 to exceed $50 per year per retail location, adjusted
6 annually for inflation based upon the Consumer Price Index
7 for the North Central Region as published by the United
8 States Department of Labor, Bureau of Labor Statistics for
9 the immediately preceding calendar year, in which the
10 accumulated fee amount may not exceed the cost to pay for
11 the infrastructure, implementation, operational,
12 enforcement, and future development costs of Sections
13 24-1.11 through 24-1.14; or
14 (3) adopt or amend rules relating to this Section in
15 an effort to incorporate new technologies as they become
16 available.
17 (720 ILCS 5/24-1.12 new)
18 Sec. 24-1.12. Unlawful manufacture, sale, or transfer of
19 non-serialized handgun ammunition; unlawful possession of
20 non-serialized handgun ammunition; penalties.
21 (a) Beginning January 1, 2024, and except as provided in
22 subsection (g-15) of Section 24-2, a person commits unlawful
23 manufacture, sale, or transfer of non-serialized handgun
24 ammunition when he or she knowingly manufactures, causes to be
25 manufactured, imports into this State for sale or personal
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1 use, keeps for sale, offers or exposes for sale, or gives or
2 lends any handgun ammunition that is not serialized. A
3 violation of this subsection (a) is a Class A misdemeanor.
4 (b) Beginning January 1, 2024, and except as provided in
5 subsection (g-15) of Section 24-2, a person commits unlawful
6 possession of non-serialized handgun ammunition when he or she
7 knowingly possesses in any public place any handgun ammunition
8 that is not serialized. A violation of this subsection is a
9 Class C misdemeanor.
10 (c) Beginning January 1, 2024, and except as provided in
11 subsection (g-15) of Section 24-2, a person commits unlawful
12 possession of non-serialized handgun ammunition when he or she
13 knowingly possesses non-serialized ammunition for a rifle
14 having one or more barrels less than 16 inches in length or a
15 shotgun having one or more barrels less than 18 inches in
16 length or any weapon made from a rifle or shotgun, whether by
17 alteration, modification, or otherwise, if the weapon as
18 modified has an overall length of less than 26 inches. A
19 violation of this subsection is a Class C misdemeanor.
20 (d) For purposes of Sections 24-1.11 through 24-1.14, the
21 possession of each round of non-serialized handgun ammunition
22 or bullets constitutes a separate and distinct offense.
23 (720 ILCS 5/24-1.13 new)
24 Sec. 24-1.13. Unlawful retail sale of handgun ammunition.
25 (a)(1) Beginning January 1, 2024, a person commits
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1 unlawful retail sale of handgun ammunition if he or she
2 knowingly engages in the retail sale of handgun ammunition and
3 sells, leases, or transfers serialized handgun ammunition
4 without being a registered handgun ammunition vendor as
5 described in paragraph (2) of this subsection (a). A violation
6 of this paragraph (1) is a Class A misdemeanor.
7 (2) As used in this Section, "vendor", "ammunition
8 vendor", or "registered handgun ammunition vendor" means any
9 person who is engaged in the retail sale of handgun ammunition
10 and has all of the following:
11 (A) any regulatory or business license, or licenses,
12 required by a unit of local government;
13 (B) a valid Retailers Occupation Tax Registration
14 Number issued by the Department of Revenue; and
15 (C) is recorded in the centralized handgun ammunition
16 vendor's registry specified in subsection (b) of this
17 Section.
18 (b) The Illinois State Police shall maintain a centralized
19 registry of all persons under subparagraphs (A) through (C),
20 inclusive, of paragraph (2) of subsection (a) of this Section.
21 The Illinois State Police may remove from this registry any
22 person who violates this Article. Upon removal of a vendor
23 from this registry, notification shall be provided to local
24 law enforcement and licensing authorities in the jurisdiction
25 where the vendor's business is located.
26 (c) The Illinois State Police may inspect handgun
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1 ammunition vendors to ensure compliance with this Article.
2 Nothing in this Section prohibits any unit of local government
3 from adopting one or more ordinances relating to the
4 inspection of handgun ammunition vendors.
5 (d) Any vendor, agent, or employee of the vendor who sells
6 or otherwise transfers ownership of any serialized handgun
7 ammunition shall record the following information in a format
8 prescribed by the Illinois State Police:
9 (1) the date of the transaction;
10 (2) the name of the transferee;
11 (3) the transferee's driver's license number or other
12 government issued identification card number and the
13 governmental agency that issued the identification;
14 (4) in order to validate a transferee's age and ensure
15 compliance with paragraphs (a) and (b) of subsection (A)
16 of Section 24-3, the date of birth of the transferee;
17 (5) the unique identifier, as described in Section
18 24-0.05, of all serialized handgun ammunition or bullets
19 transferred; and
20 (6) all other information prescribed by the Illinois
21 State Police.
22 (e) On the date the vendor delivers the handgun ammunition
23 to the transferee, he or she shall report the information
24 required in subsection (d) to the Illinois State Police in a
25 manner prescribed by the Illinois State Police. A copy of the
26 records required by this Section shall be maintained on the
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1 premises of the vendor for a period of not less than 3 years
2 from the date of the recorded transfer. The records shall be
3 subject to inspection at any time during normal business hours
4 by any peace officer, or by any authorized employee of the
5 Illinois State Police, if the inspection relates to an
6 investigation in which access to those records is or may be
7 relevant to that investigation, is seeking information about
8 persons prohibited from owning a firearm or handgun
9 ammunition, or is engaged in ensuring compliance with this
10 Article, the Firearm Owners Identification Card Act, the
11 Firearm Concealed Carry Act, or any other laws pertaining to
12 firearms.
13 (f) Any vendor or employee or agent of a vendor who
14 knowingly fails to comply with, or falsifies the records
15 required to be kept by subsection (e) is guilty of a Class A
16 misdemeanor.
17 (g) Proof that a vendor or his or her agent or employee
18 demanded, was shown, and acted in reliance upon, bona fide
19 evidence of identity shall be a defense to any criminal
20 prosecution under this Section if reliance upon the proof of
21 identity was reasonable.
22 (h) Any person who presents false identification to a
23 vendor with the intent to avoid the recording requirements of
24 this Section is guilty of a Class A misdemeanor.
25 (i) Any vendor who refuses to permit a person authorized
26 under subsection (e) to examine any record prepared in
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1 accordance with this Section during any inspection conducted
2 under this Section is guilty of a Class A misdemeanor.
3 (j) Persons engaged in the non-commercial reloading of
4 ammunition may adopt voluntary personal serialization
5 protocols.
6 (720 ILCS 5/24-1.14 new)
7 Sec. 24-1.14. Unlawful commercial manufacture of
8 serialized handgun ammunition.
9 (a) Beginning January 1, 2024, a person commits unlawful
10 commercial manufacture of serialized handgun ammunition when
11 he or she knowingly engages in the commercial manufacture of
12 serialized handgun ammunition and sells, loans, or transfers
13 serialized handgun ammunition within this State, without being
14 a registered handgun ammunition manufacturer. A violation of
15 this subsection (a) is a Class A misdemeanor.
16 (b) Manufacturers shall:
17 (1) register with the Illinois State Police in a
18 manner prescribed by the Illinois State Police;
19 (2) maintain records on the business premises for a
20 period of 7 years concerning all sales, loans, and
21 transfers of handgun ammunition, to, from, or within this
22 State; and
23 (3) comply with all other rules concerning handgun
24 ammunition manufacture and sale adopted by the Illinois
25 State Police.
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1 (c) Any manufacturer who knowingly fails to comply with
2 the provisions of this Section is liable for a civil fine
3 payable to the Illinois State Police of not more than $1,000
4 for a first violation, not more than $5,000 for a second
5 violation, and not more than $10,000 for a third and
6 subsequent violation. A civil action to enforce this Section
7 may be brought by a municipal attorney, State's Attorney, or
8 the Attorney General. This subsection (c) does not preclude
9 any other remedy available under State law.
10 (d) The Illinois State Police may inspect handgun
11 ammunition manufacturers to ensure compliance with this
12 Section.
13 (720 ILCS 5/24-2)
14 Sec. 24-2. Exemptions.
15 (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and
16 24-1(a)(13) and Section 24-1.6 do not apply to or affect any of
17 the following:
18 (1) Peace officers, and any person summoned by a peace
19 officer to assist in making arrests or preserving the
20 peace, while actually engaged in assisting such officer.
21 (2) Wardens, superintendents and keepers of prisons,
22 penitentiaries, jails and other institutions for the
23 detention of persons accused or convicted of an offense,
24 while in the performance of their official duty, or while
25 commuting between their homes and places of employment.
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1 (3) Members of the Armed Services or Reserve Forces of
2 the United States or the Illinois National Guard or the
3 Reserve Officers Training Corps, while in the performance
4 of their official duty.
5 (4) Special agents employed by a railroad or a public
6 utility to perform police functions, and guards of armored
7 car companies, while actually engaged in the performance
8 of the duties of their employment or commuting between
9 their homes and places of employment; and watchmen while
10 actually engaged in the performance of the duties of their
11 employment.
12 (5) Persons licensed as private security contractors,
13 private detectives, or private alarm contractors, or
14 employed by a private security contractor, private
15 detective, or private alarm contractor agency licensed by
16 the Department of Financial and Professional Regulation,
17 if their duties include the carrying of a weapon under the
18 provisions of the Private Detective, Private Alarm,
19 Private Security, Fingerprint Vendor, and Locksmith Act of
20 2004, while actually engaged in the performance of the
21 duties of their employment or commuting between their
22 homes and places of employment. A person shall be
23 considered eligible for this exemption if he or she has
24 completed the required 20 hours of training for a private
25 security contractor, private detective, or private alarm
26 contractor, or employee of a licensed private security
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1 contractor, private detective, or private alarm contractor
2 agency and 28 hours of required firearm training, and has
3 been issued a firearm control card by the Department of
4 Financial and Professional Regulation. Conditions for the
5 renewal of firearm control cards issued under the
6 provisions of this Section shall be the same as for those
7 cards issued under the provisions of the Private
8 Detective, Private Alarm, Private Security, Fingerprint
9 Vendor, and Locksmith Act of 2004. The firearm control
10 card shall be carried by the private security contractor,
11 private detective, or private alarm contractor, or
12 employee of the licensed private security contractor,
13 private detective, or private alarm contractor agency at
14 all times when he or she is in possession of a concealable
15 weapon permitted by his or her firearm control card.
16 (6) Any person regularly employed in a commercial or
17 industrial operation as a security guard for the
18 protection of persons employed and private property
19 related to such commercial or industrial operation, while
20 actually engaged in the performance of his or her duty or
21 traveling between sites or properties belonging to the
22 employer, and who, as a security guard, is a member of a
23 security force registered with the Department of Financial
24 and Professional Regulation; provided that such security
25 guard has successfully completed a course of study,
26 approved by and supervised by the Department of Financial
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1 and Professional Regulation, consisting of not less than
2 48 hours of training that includes the theory of law
3 enforcement, liability for acts, and the handling of
4 weapons. A person shall be considered eligible for this
5 exemption if he or she has completed the required 20 hours
6 of training for a security officer and 28 hours of
7 required firearm training, and has been issued a firearm
8 control card by the Department of Financial and
9 Professional Regulation. Conditions for the renewal of
10 firearm control cards issued under the provisions of this
11 Section shall be the same as for those cards issued under
12 the provisions of the Private Detective, Private Alarm,
13 Private Security, Fingerprint Vendor, and Locksmith Act of
14 2004. The firearm control card shall be carried by the
15 security guard at all times when he or she is in possession
16 of a concealable weapon permitted by his or her firearm
17 control card.
18 (7) Agents and investigators of the Illinois
19 Legislative Investigating Commission authorized by the
20 Commission to carry the weapons specified in subsections
21 24-1(a)(3) and 24-1(a)(4), while on duty in the course of
22 any investigation for the Commission.
23 (8) Persons employed by a financial institution as a
24 security guard for the protection of other employees and
25 property related to such financial institution, while
26 actually engaged in the performance of their duties,
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1 commuting between their homes and places of employment, or
2 traveling between sites or properties owned or operated by
3 such financial institution, and who, as a security guard,
4 is a member of a security force registered with the
5 Department; provided that any person so employed has
6 successfully completed a course of study, approved by and
7 supervised by the Department of Financial and Professional
8 Regulation, consisting of not less than 48 hours of
9 training which includes theory of law enforcement,
10 liability for acts, and the handling of weapons. A person
11 shall be considered to be eligible for this exemption if
12 he or she has completed the required 20 hours of training
13 for a security officer and 28 hours of required firearm
14 training, and has been issued a firearm control card by
15 the Department of Financial and Professional Regulation.
16 Conditions for renewal of firearm control cards issued
17 under the provisions of this Section shall be the same as
18 for those issued under the provisions of the Private
19 Detective, Private Alarm, Private Security, Fingerprint
20 Vendor, and Locksmith Act of 2004. The firearm control
21 card shall be carried by the security guard at all times
22 when he or she is in possession of a concealable weapon
23 permitted by his or her firearm control card. For purposes
24 of this subsection, "financial institution" means a bank,
25 savings and loan association, credit union or company
26 providing armored car services.
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1 (9) Any person employed by an armored car company to
2 drive an armored car, while actually engaged in the
3 performance of his duties.
4 (10) Persons who have been classified as peace
5 officers pursuant to the Peace Officer Fire Investigation
6 Act.
7 (11) Investigators of the Office of the State's
8 Attorneys Appellate Prosecutor authorized by the board of
9 governors of the Office of the State's Attorneys Appellate
10 Prosecutor to carry weapons pursuant to Section 7.06 of
11 the State's Attorneys Appellate Prosecutor's Act.
12 (12) Special investigators appointed by a State's
13 Attorney under Section 3-9005 of the Counties Code.
14 (12.5) Probation officers while in the performance of
15 their duties, or while commuting between their homes,
16 places of employment or specific locations that are part
17 of their assigned duties, with the consent of the chief
18 judge of the circuit for which they are employed, if they
19 have received weapons training according to requirements
20 of the Peace Officer and Probation Officer Firearm
21 Training Act.
22 (13) Court Security Officers while in the performance
23 of their official duties, or while commuting between their
24 homes and places of employment, with the consent of the
25 Sheriff.
26 (13.5) A person employed as an armed security guard at
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1 a nuclear energy, storage, weapons or development site or
2 facility regulated by the Nuclear Regulatory Commission
3 who has completed the background screening and training
4 mandated by the rules and regulations of the Nuclear
5 Regulatory Commission.
6 (14) Manufacture, transportation, or sale of weapons
7 to persons authorized under subdivisions (1) through
8 (13.5) of this subsection to possess those weapons.
9 (a-5) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply
10 to or affect any person carrying a concealed pistol, revolver,
11 or handgun and the person has been issued a currently valid
12 license under the Firearm Concealed Carry Act at the time of
13 the commission of the offense.
14 (a-6) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply
15 to or affect a qualified current or retired law enforcement
16 officer or a current or retired deputy, county correctional
17 officer, or correctional officer of the Department of
18 Corrections qualified under the laws of this State or under
19 the federal Law Enforcement Officers Safety Act.
20 (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
21 24-1.6 do not apply to or affect any of the following:
22 (1) Members of any club or organization organized for
23 the purpose of practicing shooting at targets upon
24 established target ranges, whether public or private, and
25 patrons of such ranges, while such members or patrons are
26 using their firearms on those target ranges.
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1 (2) Duly authorized military or civil organizations
2 while parading, with the special permission of the
3 Governor.
4 (3) Hunters, trappers, or fishermen while engaged in
5 lawful hunting, trapping, or fishing under the provisions
6 of the Wildlife Code or the Fish and Aquatic Life Code.
7 (4) Transportation of weapons that are broken down in
8 a non-functioning state or are not immediately accessible.
9 (5) Carrying or possessing any pistol, revolver, stun
10 gun or taser or other firearm on the land or in the legal
11 dwelling of another person as an invitee with that
12 person's permission.
13 (c) Subsection 24-1(a)(7) does not apply to or affect any
14 of the following:
15 (1) Peace officers while in performance of their
16 official duties.
17 (2) Wardens, superintendents and keepers of prisons,
18 penitentiaries, jails and other institutions for the
19 detention of persons accused or convicted of an offense.
20 (3) Members of the Armed Services or Reserve Forces of
21 the United States or the Illinois National Guard, while in
22 the performance of their official duty.
23 (4) Manufacture, transportation, or sale of machine
24 guns to persons authorized under subdivisions (1) through
25 (3) of this subsection to possess machine guns, if the
26 machine guns are broken down in a non-functioning state or
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1 are not immediately accessible.
2 (5) Persons licensed under federal law to manufacture
3 any weapon from which 8 or more shots or bullets can be
4 discharged by a single function of the firing device, or
5 ammunition for such weapons, and actually engaged in the
6 business of manufacturing such weapons or ammunition, but
7 only with respect to activities which are within the
8 lawful scope of such business, such as the manufacture,
9 transportation, or testing of such weapons or ammunition.
10 This exemption does not authorize the general private
11 possession of any weapon from which 8 or more shots or
12 bullets can be discharged by a single function of the
13 firing device, but only such possession and activities as
14 are within the lawful scope of a licensed manufacturing
15 business described in this paragraph.
16 During transportation, such weapons shall be broken
17 down in a non-functioning state or not immediately
18 accessible.
19 (6) The manufacture, transport, testing, delivery,
20 transfer or sale, and all lawful commercial or
21 experimental activities necessary thereto, of rifles,
22 shotguns, and weapons made from rifles or shotguns, or
23 ammunition for such rifles, shotguns or weapons, where
24 engaged in by a person operating as a contractor or
25 subcontractor pursuant to a contract or subcontract for
26 the development and supply of such rifles, shotguns,
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1 weapons or ammunition to the United States government or
2 any branch of the Armed Forces of the United States, when
3 such activities are necessary and incident to fulfilling
4 the terms of such contract.
5 The exemption granted under this subdivision (c)(6)
6 shall also apply to any authorized agent of any such
7 contractor or subcontractor who is operating within the
8 scope of his employment, where such activities involving
9 such weapon, weapons or ammunition are necessary and
10 incident to fulfilling the terms of such contract.
11 (7) A person possessing a rifle with a barrel or
12 barrels less than 16 inches in length if: (A) the person
13 has been issued a Curios and Relics license from the U.S.
14 Bureau of Alcohol, Tobacco, Firearms and Explosives; or
15 (B) the person is an active member of a bona fide,
16 nationally recognized military re-enacting group and the
17 modification is required and necessary to accurately
18 portray the weapon for historical re-enactment purposes;
19 the re-enactor is in possession of a valid and current
20 re-enacting group membership credential; and the overall
21 length of the weapon as modified is not less than 26
22 inches.
23 (d) Subsection 24-1(a)(1) does not apply to the purchase,
24 possession or carrying of a black-jack or slung-shot by a
25 peace officer.
26 (e) Subsection 24-1(a)(8) does not apply to any owner,
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1 manager or authorized employee of any place specified in that
2 subsection nor to any law enforcement officer.
3 (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and
4 Section 24-1.6 do not apply to members of any club or
5 organization organized for the purpose of practicing shooting
6 at targets upon established target ranges, whether public or
7 private, while using their firearms on those target ranges.
8 (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply
9 to:
10 (1) Members of the Armed Services or Reserve Forces of
11 the United States or the Illinois National Guard, while in
12 the performance of their official duty.
13 (2) Bonafide collectors of antique or surplus military
14 ordnance.
15 (3) Laboratories having a department of forensic
16 ballistics, or specializing in the development of
17 ammunition or explosive ordnance.
18 (4) Commerce, preparation, assembly or possession of
19 explosive bullets by manufacturers of ammunition licensed
20 by the federal government, in connection with the supply
21 of those organizations and persons exempted by subdivision
22 (g)(1) of this Section, or like organizations and persons
23 outside this State, or the transportation of explosive
24 bullets to any organization or person exempted in this
25 Section by a common carrier or by a vehicle owned or leased
26 by an exempted manufacturer.
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1 (g-5) Subsection 24-1(a)(6) does not apply to or affect
2 persons licensed under federal law to manufacture any device
3 or attachment of any kind designed, used, or intended for use
4 in silencing the report of any firearm, firearms, or
5 ammunition for those firearms equipped with those devices, and
6 actually engaged in the business of manufacturing those
7 devices, firearms, or ammunition, but only with respect to
8 activities that are within the lawful scope of that business,
9 such as the manufacture, transportation, or testing of those
10 devices, firearms, or ammunition. This exemption does not
11 authorize the general private possession of any device or
12 attachment of any kind designed, used, or intended for use in
13 silencing the report of any firearm, but only such possession
14 and activities as are within the lawful scope of a licensed
15 manufacturing business described in this subsection (g-5).
16 During transportation, these devices shall be detached from
17 any weapon or not immediately accessible.
18 (g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
19 24-1.6 do not apply to or affect any parole agent or parole
20 supervisor who meets the qualifications and conditions
21 prescribed in Section 3-14-1.5 of the Unified Code of
22 Corrections.
23 (g-7) Subsection 24-1(a)(6) does not apply to a peace
24 officer while serving as a member of a tactical response team
25 or special operations team. A peace officer may not personally
26 own or apply for ownership of a device or attachment of any
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1 kind designed, used, or intended for use in silencing the
2 report of any firearm. These devices shall be owned and
3 maintained by lawfully recognized units of government whose
4 duties include the investigation of criminal acts.
5 (g-10) (Blank).
6 (g-15) Subsections 24-1.12(a) and 24-1.12(b) do not apply
7 to or affect any of the following:
8 (1) Possession, for purposes of investigation or
9 disposition of any non-serialized handgun ammunition, by a
10 forensic laboratory or any authorized agent or employee of
11 that laboratory in the course and scope of his or her
12 authorized activities.
13 (2) Possession, for purposes of investigation,
14 evidence, or disposition, of any non-serialized handgun
15 ammunition by any State or unit of local government agency
16 charged with law enforcement or by the Illinois State
17 Police or by any authorized agent or employee of the
18 agency, within the course and scope of his or her official
19 duties.
20 (3) Possession, for purposes of disposal, or the
21 disposal, of non-serialized handgun ammunition by an
22 executor or administrator of an estate if all of the
23 following are met:
24 (A) the non-serialized handgun ammunition was
25 lawfully possessed, included within the estate, and
26 the executor or administrator possesses or disposes of
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1 the non-serialized handgun ammunition in a manner
2 consistent with this Article.
3 (B) the disposition is to a person or entity that
4 may possess the non-serialized handgun ammunition in a
5 manner consistent with this Article and possession is
6 otherwise lawful; and
7 (C) the disposition transfers the non-serialized
8 handgun ammunition out of this State or to a law
9 enforcement agency for disposition.
10 (4) Possession of non-serialized handgun ammunition
11 for purposes of transporting it to a law enforcement
12 agency for disposition, if possession is otherwise lawful,
13 and if the law enforcement agency has been notified prior
14 to delivery of the handgun ammunition.
15 (5) Possession of non-serialized handgun ammunition by
16 peace officers from other states during the discharge of
17 their official duties in this State.
18 (6) Possession of non-serialized handgun ammunition by
19 members of the Armed Services or Reserve Forces of the
20 United States or the Illinois National Guard or the
21 Reserve Officers Training Corps, while in the performance
22 of their official duties.
23 (7) Possession or exhibition of non-serialized handgun
24 ammunition by a museum or collector, in a fixed or mobile
25 exhibit or for educational purposes.
26 (8) Transportation of non-serialized handgun
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1 ammunition by those permitted to be in possession of that
2 ammunition and firearms for that ammunition from their
3 residence to public and private shooting events and ranges
4 for a period of 10 years after the effective date of this
5 amendatory act of the 103rd General Assembly.
6 (9) Transfer of non-serialized handgun ammunition from
7 a retail mercantile establishment in this state to another
8 retail mercantile establishment outside of this State.
9 (10) Possession of non-serialized handgun ammunition
10 inventory by a retail mercantile establishment
11 manufactured before January 1, 2024 and possessed by the
12 retail mercantile establishment until that inventory is
13 sold or exhausted in compliance with this Article.
14 (11) Possession of non-serialized handgun ammunition
15 by a person issued a concealed carry license by the
16 Illinois State Police under the Firearm Concealed Carry
17 Act or issued a Firearm Owner's Identification Card by the
18 Illinois State Police under the Firearm Owners
19 Identification Card Act on his or her person, in a
20 firearm, or in a vehicle for 15 years after the effective
21 date of this amendatory Act of the 103rd General Assembly.
22 (12) Possession of non-serialized handgun ammunition
23 by persons engaged in the development of new calibers, new
24 rifles, new handguns, and ammunition that is used in those
25 rifles and handguns or modifications to existing rifles or
26 handguns. Possession of non-serialized handgun ammunition
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1 under this paragraph (12) must be in compliance with this
2 Article, the number of rounds must not exceed 15,000, must
3 be used solely for development purposes, and must be
4 transported with the firearms for which they are used.
5 (13) Possession of non-serialized handgun ammunition
6 by persons engaged in the non-commercial reloading of
7 ammunition.
8 (14) Possession and storage of non-serialized handgun
9 ammunition in the owner's dwelling, farm, or farm
10 outbuilding, or while at a public or private firearm
11 range.
12 (15) Possession of non-serialized handgun ammunition
13 by persons involved in the protection of dignitaries from
14 domestic or foreign governments under the direction and
15 authorization of the Illinois State Police, which may
16 charge a fee for use of that ammunition which shall not
17 exceed the cost of that ammunition to the Illinois State
18 Police.
19 (16) Ammunition used in black powder firearms
20 regardless of the date of manufacture of the firearms.
21 (17) Projectiles that are determined by the Illinois
22 State Police to be less than lethal that may be fired from
23 devices that are in possession of persons lawfully able to
24 possess those devices.
25 (g-16) The Illinois State Police shall annually review the
26 exemptions contained in subsection (g-15) of this Section and
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1 make recommendations to the Governor and General Assembly for
2 changes in exemptions permitted by subsection (g-15).
3 (h) An information or indictment based upon a violation of
4 any subsection of this Article need not negative any
5 exemptions contained in this Article. The defendant shall have
6 the burden of proving such an exemption.
7 (i) Nothing in this Article shall prohibit, apply to, or
8 affect the transportation, carrying, or possession, of any
9 pistol or revolver, stun gun, taser, or other firearm
10 consigned to a common carrier operating under license of the
11 State of Illinois or the federal government, where such
12 transportation, carrying, or possession is incident to the
13 lawful transportation in which such common carrier is engaged;
14 and nothing in this Article shall prohibit, apply to, or
15 affect the transportation, carrying, or possession of any
16 pistol, revolver, stun gun, taser, or other firearm, not the
17 subject of and regulated by subsection 24-1(a)(7) or
18 subsection 24-2(c) of this Article, which is unloaded and
19 enclosed in a case, firearm carrying box, shipping box, or
20 other container, by the possessor of a valid Firearm Owners
21 Identification Card.
22 (Source: P.A. 101-80, eff. 7-12-19; 102-152, eff. 1-1-22;
23 102-779, eff. 1-1-23; 102-837, eff. 5-13-22; revised
24 12-14-22.)
25 (720 ILCS 5/24-4) (from Ch. 38, par. 24-4)
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1 Sec. 24-4. Register of sales by dealer.
2 (a) Any seller of firearms of a size which may be concealed
3 upon the person, other than a manufacturer selling to a bona
4 fide wholesaler or retailer or a wholesaler selling to a bona
5 fide retailer, shall keep a register of all firearms sold or
6 given away.
7 (b) Such register shall contain the date of the sale or
8 gift, the name, address, age and occupation of the person to
9 whom the weapon is sold or given, the price of the weapon, the
10 kind, description and number of the weapon, and the purpose
11 for which it is purchased and obtained.
12 (c) Such seller on demand of a peace officer shall produce
13 for inspection the register and allow such peace officer to
14 inspect such register and all stock on hand.
15 (c-5) Beginning January 1, 2024, the Illinois State Police
16 shall maintain a centralized registry of all reports of
17 handgun ammunition transactions reported to the Illinois State
18 Police under Section 24-1.13, in a manner prescribed by the
19 Illinois State Police. Information in the registry, upon
20 proper application for that information, shall be furnished to
21 the officers listed in Section 24-1.13, or to the person
22 listed in the registry as the owner of the particular handgun
23 ammunition.
24 (d) Sentence.
25 Violation of this Section is a Class B misdemeanor.
26 (Source: P.A. 77-2638.)
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1 (720 ILCS 5/24-5) (from Ch. 38, par. 24-5)
2 Sec. 24-5. Defacing identification marks of firearms.
3 (a) Any person who shall knowingly or intentionally
4 change, alter, remove or obliterate the name of the importer's
5 or manufacturer's serial number of any firearm commits a Class
6 2 felony.
7 (b) A person who possesses any firearm upon which any such
8 importer's or manufacturer's serial number has been changed,
9 altered, removed or obliterated commits a Class 3 felony.
10 (b-5) Beginning January 1, 2024, any person who knowingly
11 destroys, obliterates, or otherwise renders unreadable, the
12 serialization required under Section 24-1.12, on any bullet or
13 assembled handgun ammunition is guilty of a Class A
14 misdemeanor.
15 (c) Nothing in this Section shall prevent a person from
16 making repairs, replacement of parts, or other changes to a
17 firearm if those repairs, replacement of parts, or changes
18 cause the removal of the name of the maker, model, or other
19 marks of identification other than the serial number on the
20 firearm's frame or receiver.
21 (d) A prosecution for a violation of this Section may be
22 commenced within 6 years after the commission of the offense.
23 (Source: P.A. 93-906, eff. 8-11-04.)
24 Section 99. Effective date. This Act takes effect upon
25 becoming law.
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