Illinois 2023-2024 Regular Session

Illinois House Bill HB3891 Compare Versions

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11 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
22 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3891 Introduced 2/17/2023, by Rep. Sonya M. Harper SYNOPSIS AS INTRODUCED:
33 720 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
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66 720 ILCS 5/24-1.12 new
77 720 ILCS 5/24-1.13 new
88 720 ILCS 5/24-1.14 new
99 720 ILCS 5/24-2
1010 720 ILCS 5/24-4 from Ch. 38, par. 24-4
1111 720 ILCS 5/24-5 from Ch. 38, par. 24-5
1212 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.
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1818 1 AN ACT concerning criminal law.
1919 2 Be it enacted by the People of the State of Illinois,
2020 3 represented in the General Assembly:
2121 4 Section 5. The Criminal Code of 2012 is amended by
2222 5 changing Sections 24-2, 24-4 and 24-5 and by adding Sections
2323 6 24-0.05, 24-1.11, 24-1.12, 24-1.13, and 24-1.14 as follows:
2424 7 (720 ILCS 5/24-0.05 new)
2525 8 Sec. 24-0.05. Definitions. In this Article:
2626 9 "Handgun ammunition" means ammunition principally for use
2727 10 in pistols, revolvers, and other firearms capable of being
2828 11 concealed upon the person, notwithstanding that the ammunition
2929 12 may also be used in some rifles.
3030 13 "Manufacturer", "ammunition manufacturer", or "registered
3131 14 handgun ammunition manufacturer" means any person that
3232 15 manufactures handgun ammunition within this State or
3333 16 manufactures handgun ammunition with the intent to distribute
3434 17 that ammunition for purposes, within this State, of sale,
3535 18 loan, or transfer.
3636 19 "Pistol", "revolver", and "firearm capable of being
3737 20 concealed upon the person" applies to and includes any device
3838 21 designed to be used as a weapon, from which is expelled a
3939 22 projectile by the force of any explosion, or other form of
4040 23 combustion, and that has a barrel less than 16 inches in
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4444 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3891 Introduced 2/17/2023, by Rep. Sonya M. Harper SYNOPSIS AS INTRODUCED:
4545 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
4646 720 ILCS 5/24-0.05 new
4747 720 ILCS 5/24-1.11 new
4848 720 ILCS 5/24-1.12 new
4949 720 ILCS 5/24-1.13 new
5050 720 ILCS 5/24-1.14 new
5151 720 ILCS 5/24-2
5252 720 ILCS 5/24-4 from Ch. 38, par. 24-4
5353 720 ILCS 5/24-5 from Ch. 38, par. 24-5
5454 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.
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6363 720 ILCS 5/24-0.05 new
6464 720 ILCS 5/24-1.11 new
6565 720 ILCS 5/24-1.12 new
6666 720 ILCS 5/24-1.13 new
6767 720 ILCS 5/24-1.14 new
6868 720 ILCS 5/24-2
6969 720 ILCS 5/24-4 from Ch. 38, par. 24-4
7070 720 ILCS 5/24-5 from Ch. 38, par. 24-5
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8989 1 length. These terms also include any device that has a barrel
9090 2 16 inches or more in length which is designed to be
9191 3 interchanged with a barrel less than 16 inches in length.
9292 4 "Public place" means an area open to the public and
9393 5 includes, but is not limited to, streets, sidewalks, bridges,
9494 6 alleys, plazas, parks, driveways, front yards, parking lots,
9595 7 including motor vehicles in these areas, whether moving or
9696 8 not, and buildings open to the general public, including those
9797 9 that serve food or drink, or provide entertainment, and the
9898 10 doorways and entrances to buildings or dwellings.
9999 11 "Retail mercantile establishment" has the meaning ascribed
100100 12 to it in Section 16-0.1 of this Code.
101101 13 "Serialized" means:
102102 14 (1) the handgun ammunition has been identified in a
103103 15 manner prescribed by the Illinois State Police so that all
104104 16 assembled handgun ammunition contained within a package
105105 17 provided for retail sale, or as otherwise specified by the
106106 18 Illinois State Police, is uniquely identified;
107107 19 (2) bullets used for reloading or handloading
108108 20 contained within a package provided for retail sale, or as
109109 21 otherwise specified by the Illinois State Police, are
110110 22 uniquely identified;
111111 23 (3) identification of the manufacturer of the items
112112 24 described in subdivisions (1) and (2) of this definition;
113113 25 (4) identification on the exterior of the items
114114 26 described in subdivisions (1) and (2) of this definition
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125125 1 in a manner that permits visual inspection for the purpose
126126 2 of determining if the assembled handgun ammunition or
127127 3 bullet is serialized;
128128 4 (5) identification on the exterior of the items
129129 5 described in subdivisions (1) and (2) of this definition
130130 6 in a manner that is maintained subsequent to the discharge
131131 7 of the handgun ammunition and subsequent to the impact of
132132 8 the bullet, based on standards prescribed by the Illinois
133133 9 State Police; and
134134 10 (6) identification on the exterior of every package or
135135 11 container of serialized handgun ammunition, as prescribed
136136 12 by the Illinois State Police, with the same unique
137137 13 identifiers used on the assembled handgun ammunition or
138138 14 bullets contained within the packaging or container. A
139139 15 package or container shall not be labeled with the same
140140 16 unique identifiers as any other package or container by
141141 17 the same manufacturer.
142142 18 "Serialized handgun ammunition" means any of the
143143 19 following, which are subject to serialization under this
144144 20 Article:
145145 21 (1) handgun ammunition;
146146 22 (2) .22 caliber rimfire ammunition;
147147 23 (3) assembled handgun ammunition packaged for retail
148148 24 sale; or
149149 25 (4) bullets used for reloading or handloading handgun
150150 26 ammunition that are packaged for retail sale.
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161161 1 "Serialized handgun ammunition" does not include blank
162162 2 cartridges, shot-shells, or projectiles used in black powder
163163 3 handguns.
164164 4 (720 ILCS 5/24-1.11 new)
165165 5 Sec. 24-1.11. Serialization of handgun ammunition.
166166 6 (a) The Illinois State Police shall enforce the
167167 7 requirements of the handgun serialization program and other
168168 8 provisions of Sections 24-1.11 through 24-1.14 of this Code.
169169 9 The Illinois State Police may prescribe the manner in which
170170 10 handgun ammunition is serialized in order to comply with
171171 11 Section 24-1.12 of this Code, including, but not limited to,
172172 12 determining how handgun ammunition that is loose, packaged, in
173173 13 lots, series, or otherwise aggregated for purposes of
174174 14 manufacture or sale shall be serialized with a unique
175175 15 identifier, under Section 24-1.12. The Illinois State Police
176176 16 shall adopt rules implementing this Section no later than
177177 17 January 1, 2024.
178178 18 (b) The Illinois State Police may:
179179 19 (1) adopt rules relating to the assessment and
180180 20 collection of end-user fees in an amount not to exceed
181181 21 $0.005 per round of handgun ammunition or per bullet, in
182182 22 which the accumulated fee amount may not exceed the cost
183183 23 to pay for the infrastructure, implementation,
184184 24 operational, enforcement, and future development costs of
185185 25 Sections 24-1.11 through 24-1.14;
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196196 1 (2) adopt rules relating to the implementation and
197197 2 furtherance of a retail handgun ammunition vendor's
198198 3 registry and the assessment and collection of fees
199199 4 associated with the registration program in an amount not
200200 5 to exceed $50 per year per retail location, adjusted
201201 6 annually for inflation based upon the Consumer Price Index
202202 7 for the North Central Region as published by the United
203203 8 States Department of Labor, Bureau of Labor Statistics for
204204 9 the immediately preceding calendar year, in which the
205205 10 accumulated fee amount may not exceed the cost to pay for
206206 11 the infrastructure, implementation, operational,
207207 12 enforcement, and future development costs of Sections
208208 13 24-1.11 through 24-1.14; or
209209 14 (3) adopt or amend rules relating to this Section in
210210 15 an effort to incorporate new technologies as they become
211211 16 available.
212212 17 (720 ILCS 5/24-1.12 new)
213213 18 Sec. 24-1.12. Unlawful manufacture, sale, or transfer of
214214 19 non-serialized handgun ammunition; unlawful possession of
215215 20 non-serialized handgun ammunition; penalties.
216216 21 (a) Beginning January 1, 2024, and except as provided in
217217 22 subsection (g-15) of Section 24-2, a person commits unlawful
218218 23 manufacture, sale, or transfer of non-serialized handgun
219219 24 ammunition when he or she knowingly manufactures, causes to be
220220 25 manufactured, imports into this State for sale or personal
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231231 1 use, keeps for sale, offers or exposes for sale, or gives or
232232 2 lends any handgun ammunition that is not serialized. A
233233 3 violation of this subsection (a) is a Class A misdemeanor.
234234 4 (b) Beginning January 1, 2024, and except as provided in
235235 5 subsection (g-15) of Section 24-2, a person commits unlawful
236236 6 possession of non-serialized handgun ammunition when he or she
237237 7 knowingly possesses in any public place any handgun ammunition
238238 8 that is not serialized. A violation of this subsection is a
239239 9 Class C misdemeanor.
240240 10 (c) Beginning January 1, 2024, and except as provided in
241241 11 subsection (g-15) of Section 24-2, a person commits unlawful
242242 12 possession of non-serialized handgun ammunition when he or she
243243 13 knowingly possesses non-serialized ammunition for a rifle
244244 14 having one or more barrels less than 16 inches in length or a
245245 15 shotgun having one or more barrels less than 18 inches in
246246 16 length or any weapon made from a rifle or shotgun, whether by
247247 17 alteration, modification, or otherwise, if the weapon as
248248 18 modified has an overall length of less than 26 inches. A
249249 19 violation of this subsection is a Class C misdemeanor.
250250 20 (d) For purposes of Sections 24-1.11 through 24-1.14, the
251251 21 possession of each round of non-serialized handgun ammunition
252252 22 or bullets constitutes a separate and distinct offense.
253253 23 (720 ILCS 5/24-1.13 new)
254254 24 Sec. 24-1.13. Unlawful retail sale of handgun ammunition.
255255 25 (a)(1) Beginning January 1, 2024, a person commits
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266266 1 unlawful retail sale of handgun ammunition if he or she
267267 2 knowingly engages in the retail sale of handgun ammunition and
268268 3 sells, leases, or transfers serialized handgun ammunition
269269 4 without being a registered handgun ammunition vendor as
270270 5 described in paragraph (2) of this subsection (a). A violation
271271 6 of this paragraph (1) is a Class A misdemeanor.
272272 7 (2) As used in this Section, "vendor", "ammunition
273273 8 vendor", or "registered handgun ammunition vendor" means any
274274 9 person who is engaged in the retail sale of handgun ammunition
275275 10 and has all of the following:
276276 11 (A) any regulatory or business license, or licenses,
277277 12 required by a unit of local government;
278278 13 (B) a valid Retailers Occupation Tax Registration
279279 14 Number issued by the Department of Revenue; and
280280 15 (C) is recorded in the centralized handgun ammunition
281281 16 vendor's registry specified in subsection (b) of this
282282 17 Section.
283283 18 (b) The Illinois State Police shall maintain a centralized
284284 19 registry of all persons under subparagraphs (A) through (C),
285285 20 inclusive, of paragraph (2) of subsection (a) of this Section.
286286 21 The Illinois State Police may remove from this registry any
287287 22 person who violates this Article. Upon removal of a vendor
288288 23 from this registry, notification shall be provided to local
289289 24 law enforcement and licensing authorities in the jurisdiction
290290 25 where the vendor's business is located.
291291 26 (c) The Illinois State Police may inspect handgun
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302302 1 ammunition vendors to ensure compliance with this Article.
303303 2 Nothing in this Section prohibits any unit of local government
304304 3 from adopting one or more ordinances relating to the
305305 4 inspection of handgun ammunition vendors.
306306 5 (d) Any vendor, agent, or employee of the vendor who sells
307307 6 or otherwise transfers ownership of any serialized handgun
308308 7 ammunition shall record the following information in a format
309309 8 prescribed by the Illinois State Police:
310310 9 (1) the date of the transaction;
311311 10 (2) the name of the transferee;
312312 11 (3) the transferee's driver's license number or other
313313 12 government issued identification card number and the
314314 13 governmental agency that issued the identification;
315315 14 (4) in order to validate a transferee's age and ensure
316316 15 compliance with paragraphs (a) and (b) of subsection (A)
317317 16 of Section 24-3, the date of birth of the transferee;
318318 17 (5) the unique identifier, as described in Section
319319 18 24-0.05, of all serialized handgun ammunition or bullets
320320 19 transferred; and
321321 20 (6) all other information prescribed by the Illinois
322322 21 State Police.
323323 22 (e) On the date the vendor delivers the handgun ammunition
324324 23 to the transferee, he or she shall report the information
325325 24 required in subsection (d) to the Illinois State Police in a
326326 25 manner prescribed by the Illinois State Police. A copy of the
327327 26 records required by this Section shall be maintained on the
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338338 1 premises of the vendor for a period of not less than 3 years
339339 2 from the date of the recorded transfer. The records shall be
340340 3 subject to inspection at any time during normal business hours
341341 4 by any peace officer, or by any authorized employee of the
342342 5 Illinois State Police, if the inspection relates to an
343343 6 investigation in which access to those records is or may be
344344 7 relevant to that investigation, is seeking information about
345345 8 persons prohibited from owning a firearm or handgun
346346 9 ammunition, or is engaged in ensuring compliance with this
347347 10 Article, the Firearm Owners Identification Card Act, the
348348 11 Firearm Concealed Carry Act, or any other laws pertaining to
349349 12 firearms.
350350 13 (f) Any vendor or employee or agent of a vendor who
351351 14 knowingly fails to comply with, or falsifies the records
352352 15 required to be kept by subsection (e) is guilty of a Class A
353353 16 misdemeanor.
354354 17 (g) Proof that a vendor or his or her agent or employee
355355 18 demanded, was shown, and acted in reliance upon, bona fide
356356 19 evidence of identity shall be a defense to any criminal
357357 20 prosecution under this Section if reliance upon the proof of
358358 21 identity was reasonable.
359359 22 (h) Any person who presents false identification to a
360360 23 vendor with the intent to avoid the recording requirements of
361361 24 this Section is guilty of a Class A misdemeanor.
362362 25 (i) Any vendor who refuses to permit a person authorized
363363 26 under subsection (e) to examine any record prepared in
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374374 1 accordance with this Section during any inspection conducted
375375 2 under this Section is guilty of a Class A misdemeanor.
376376 3 (j) Persons engaged in the non-commercial reloading of
377377 4 ammunition may adopt voluntary personal serialization
378378 5 protocols.
379379 6 (720 ILCS 5/24-1.14 new)
380380 7 Sec. 24-1.14. Unlawful commercial manufacture of
381381 8 serialized handgun ammunition.
382382 9 (a) Beginning January 1, 2024, a person commits unlawful
383383 10 commercial manufacture of serialized handgun ammunition when
384384 11 he or she knowingly engages in the commercial manufacture of
385385 12 serialized handgun ammunition and sells, loans, or transfers
386386 13 serialized handgun ammunition within this State, without being
387387 14 a registered handgun ammunition manufacturer. A violation of
388388 15 this subsection (a) is a Class A misdemeanor.
389389 16 (b) Manufacturers shall:
390390 17 (1) register with the Illinois State Police in a
391391 18 manner prescribed by the Illinois State Police;
392392 19 (2) maintain records on the business premises for a
393393 20 period of 7 years concerning all sales, loans, and
394394 21 transfers of handgun ammunition, to, from, or within this
395395 22 State; and
396396 23 (3) comply with all other rules concerning handgun
397397 24 ammunition manufacture and sale adopted by the Illinois
398398 25 State Police.
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409409 1 (c) Any manufacturer who knowingly fails to comply with
410410 2 the provisions of this Section is liable for a civil fine
411411 3 payable to the Illinois State Police of not more than $1,000
412412 4 for a first violation, not more than $5,000 for a second
413413 5 violation, and not more than $10,000 for a third and
414414 6 subsequent violation. A civil action to enforce this Section
415415 7 may be brought by a municipal attorney, State's Attorney, or
416416 8 the Attorney General. This subsection (c) does not preclude
417417 9 any other remedy available under State law.
418418 10 (d) The Illinois State Police may inspect handgun
419419 11 ammunition manufacturers to ensure compliance with this
420420 12 Section.
421421 13 (720 ILCS 5/24-2)
422422 14 Sec. 24-2. Exemptions.
423423 15 (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and
424424 16 24-1(a)(13) and Section 24-1.6 do not apply to or affect any of
425425 17 the following:
426426 18 (1) Peace officers, and any person summoned by a peace
427427 19 officer to assist in making arrests or preserving the
428428 20 peace, while actually engaged in assisting such officer.
429429 21 (2) Wardens, superintendents and keepers of prisons,
430430 22 penitentiaries, jails and other institutions for the
431431 23 detention of persons accused or convicted of an offense,
432432 24 while in the performance of their official duty, or while
433433 25 commuting between their homes and places of employment.
434434
435435
436436
437437
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444444 1 (3) Members of the Armed Services or Reserve Forces of
445445 2 the United States or the Illinois National Guard or the
446446 3 Reserve Officers Training Corps, while in the performance
447447 4 of their official duty.
448448 5 (4) Special agents employed by a railroad or a public
449449 6 utility to perform police functions, and guards of armored
450450 7 car companies, while actually engaged in the performance
451451 8 of the duties of their employment or commuting between
452452 9 their homes and places of employment; and watchmen while
453453 10 actually engaged in the performance of the duties of their
454454 11 employment.
455455 12 (5) Persons licensed as private security contractors,
456456 13 private detectives, or private alarm contractors, or
457457 14 employed by a private security contractor, private
458458 15 detective, or private alarm contractor agency licensed by
459459 16 the Department of Financial and Professional Regulation,
460460 17 if their duties include the carrying of a weapon under the
461461 18 provisions of the Private Detective, Private Alarm,
462462 19 Private Security, Fingerprint Vendor, and Locksmith Act of
463463 20 2004, while actually engaged in the performance of the
464464 21 duties of their employment or commuting between their
465465 22 homes and places of employment. A person shall be
466466 23 considered eligible for this exemption if he or she has
467467 24 completed the required 20 hours of training for a private
468468 25 security contractor, private detective, or private alarm
469469 26 contractor, or employee of a licensed private security
470470
471471
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480480 1 contractor, private detective, or private alarm contractor
481481 2 agency and 28 hours of required firearm training, and has
482482 3 been issued a firearm control card by the Department of
483483 4 Financial and Professional Regulation. Conditions for the
484484 5 renewal of firearm control cards issued under the
485485 6 provisions of this Section shall be the same as for those
486486 7 cards issued under the provisions of the Private
487487 8 Detective, Private Alarm, Private Security, Fingerprint
488488 9 Vendor, and Locksmith Act of 2004. The firearm control
489489 10 card shall be carried by the private security contractor,
490490 11 private detective, or private alarm contractor, or
491491 12 employee of the licensed private security contractor,
492492 13 private detective, or private alarm contractor agency at
493493 14 all times when he or she is in possession of a concealable
494494 15 weapon permitted by his or her firearm control card.
495495 16 (6) Any person regularly employed in a commercial or
496496 17 industrial operation as a security guard for the
497497 18 protection of persons employed and private property
498498 19 related to such commercial or industrial operation, while
499499 20 actually engaged in the performance of his or her duty or
500500 21 traveling between sites or properties belonging to the
501501 22 employer, and who, as a security guard, is a member of a
502502 23 security force registered with the Department of Financial
503503 24 and Professional Regulation; provided that such security
504504 25 guard has successfully completed a course of study,
505505 26 approved by and supervised by the Department of Financial
506506
507507
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516516 1 and Professional Regulation, consisting of not less than
517517 2 48 hours of training that includes the theory of law
518518 3 enforcement, liability for acts, and the handling of
519519 4 weapons. A person shall be considered eligible for this
520520 5 exemption if he or she has completed the required 20 hours
521521 6 of training for a security officer and 28 hours of
522522 7 required firearm training, and has been issued a firearm
523523 8 control card by the Department of Financial and
524524 9 Professional Regulation. Conditions for the renewal of
525525 10 firearm control cards issued under the provisions of this
526526 11 Section shall be the same as for those cards issued under
527527 12 the provisions of the Private Detective, Private Alarm,
528528 13 Private Security, Fingerprint Vendor, and Locksmith Act of
529529 14 2004. The firearm control card shall be carried by the
530530 15 security guard at all times when he or she is in possession
531531 16 of a concealable weapon permitted by his or her firearm
532532 17 control card.
533533 18 (7) Agents and investigators of the Illinois
534534 19 Legislative Investigating Commission authorized by the
535535 20 Commission to carry the weapons specified in subsections
536536 21 24-1(a)(3) and 24-1(a)(4), while on duty in the course of
537537 22 any investigation for the Commission.
538538 23 (8) Persons employed by a financial institution as a
539539 24 security guard for the protection of other employees and
540540 25 property related to such financial institution, while
541541 26 actually engaged in the performance of their duties,
542542
543543
544544
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552552 1 commuting between their homes and places of employment, or
553553 2 traveling between sites or properties owned or operated by
554554 3 such financial institution, and who, as a security guard,
555555 4 is a member of a security force registered with the
556556 5 Department; provided that any person so employed has
557557 6 successfully completed a course of study, approved by and
558558 7 supervised by the Department of Financial and Professional
559559 8 Regulation, consisting of not less than 48 hours of
560560 9 training which includes theory of law enforcement,
561561 10 liability for acts, and the handling of weapons. A person
562562 11 shall be considered to be eligible for this exemption if
563563 12 he or she has completed the required 20 hours of training
564564 13 for a security officer and 28 hours of required firearm
565565 14 training, and has been issued a firearm control card by
566566 15 the Department of Financial and Professional Regulation.
567567 16 Conditions for renewal of firearm control cards issued
568568 17 under the provisions of this Section shall be the same as
569569 18 for those issued under the provisions of the Private
570570 19 Detective, Private Alarm, Private Security, Fingerprint
571571 20 Vendor, and Locksmith Act of 2004. The firearm control
572572 21 card shall be carried by the security guard at all times
573573 22 when he or she is in possession of a concealable weapon
574574 23 permitted by his or her firearm control card. For purposes
575575 24 of this subsection, "financial institution" means a bank,
576576 25 savings and loan association, credit union or company
577577 26 providing armored car services.
578578
579579
580580
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588588 1 (9) Any person employed by an armored car company to
589589 2 drive an armored car, while actually engaged in the
590590 3 performance of his duties.
591591 4 (10) Persons who have been classified as peace
592592 5 officers pursuant to the Peace Officer Fire Investigation
593593 6 Act.
594594 7 (11) Investigators of the Office of the State's
595595 8 Attorneys Appellate Prosecutor authorized by the board of
596596 9 governors of the Office of the State's Attorneys Appellate
597597 10 Prosecutor to carry weapons pursuant to Section 7.06 of
598598 11 the State's Attorneys Appellate Prosecutor's Act.
599599 12 (12) Special investigators appointed by a State's
600600 13 Attorney under Section 3-9005 of the Counties Code.
601601 14 (12.5) Probation officers while in the performance of
602602 15 their duties, or while commuting between their homes,
603603 16 places of employment or specific locations that are part
604604 17 of their assigned duties, with the consent of the chief
605605 18 judge of the circuit for which they are employed, if they
606606 19 have received weapons training according to requirements
607607 20 of the Peace Officer and Probation Officer Firearm
608608 21 Training Act.
609609 22 (13) Court Security Officers while in the performance
610610 23 of their official duties, or while commuting between their
611611 24 homes and places of employment, with the consent of the
612612 25 Sheriff.
613613 26 (13.5) A person employed as an armed security guard at
614614
615615
616616
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624624 1 a nuclear energy, storage, weapons or development site or
625625 2 facility regulated by the Nuclear Regulatory Commission
626626 3 who has completed the background screening and training
627627 4 mandated by the rules and regulations of the Nuclear
628628 5 Regulatory Commission.
629629 6 (14) Manufacture, transportation, or sale of weapons
630630 7 to persons authorized under subdivisions (1) through
631631 8 (13.5) of this subsection to possess those weapons.
632632 9 (a-5) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply
633633 10 to or affect any person carrying a concealed pistol, revolver,
634634 11 or handgun and the person has been issued a currently valid
635635 12 license under the Firearm Concealed Carry Act at the time of
636636 13 the commission of the offense.
637637 14 (a-6) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply
638638 15 to or affect a qualified current or retired law enforcement
639639 16 officer or a current or retired deputy, county correctional
640640 17 officer, or correctional officer of the Department of
641641 18 Corrections qualified under the laws of this State or under
642642 19 the federal Law Enforcement Officers Safety Act.
643643 20 (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
644644 21 24-1.6 do not apply to or affect any of the following:
645645 22 (1) Members of any club or organization organized for
646646 23 the purpose of practicing shooting at targets upon
647647 24 established target ranges, whether public or private, and
648648 25 patrons of such ranges, while such members or patrons are
649649 26 using their firearms on those target ranges.
650650
651651
652652
653653
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656656
657657
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659659 HB3891 - 18 - LRB103 25815 RLC 52166 b
660660 1 (2) Duly authorized military or civil organizations
661661 2 while parading, with the special permission of the
662662 3 Governor.
663663 4 (3) Hunters, trappers, or fishermen while engaged in
664664 5 lawful hunting, trapping, or fishing under the provisions
665665 6 of the Wildlife Code or the Fish and Aquatic Life Code.
666666 7 (4) Transportation of weapons that are broken down in
667667 8 a non-functioning state or are not immediately accessible.
668668 9 (5) Carrying or possessing any pistol, revolver, stun
669669 10 gun or taser or other firearm on the land or in the legal
670670 11 dwelling of another person as an invitee with that
671671 12 person's permission.
672672 13 (c) Subsection 24-1(a)(7) does not apply to or affect any
673673 14 of the following:
674674 15 (1) Peace officers while in performance of their
675675 16 official duties.
676676 17 (2) Wardens, superintendents and keepers of prisons,
677677 18 penitentiaries, jails and other institutions for the
678678 19 detention of persons accused or convicted of an offense.
679679 20 (3) Members of the Armed Services or Reserve Forces of
680680 21 the United States or the Illinois National Guard, while in
681681 22 the performance of their official duty.
682682 23 (4) Manufacture, transportation, or sale of machine
683683 24 guns to persons authorized under subdivisions (1) through
684684 25 (3) of this subsection to possess machine guns, if the
685685 26 machine guns are broken down in a non-functioning state or
686686
687687
688688
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696696 1 are not immediately accessible.
697697 2 (5) Persons licensed under federal law to manufacture
698698 3 any weapon from which 8 or more shots or bullets can be
699699 4 discharged by a single function of the firing device, or
700700 5 ammunition for such weapons, and actually engaged in the
701701 6 business of manufacturing such weapons or ammunition, but
702702 7 only with respect to activities which are within the
703703 8 lawful scope of such business, such as the manufacture,
704704 9 transportation, or testing of such weapons or ammunition.
705705 10 This exemption does not authorize the general private
706706 11 possession of any weapon from which 8 or more shots or
707707 12 bullets can be discharged by a single function of the
708708 13 firing device, but only such possession and activities as
709709 14 are within the lawful scope of a licensed manufacturing
710710 15 business described in this paragraph.
711711 16 During transportation, such weapons shall be broken
712712 17 down in a non-functioning state or not immediately
713713 18 accessible.
714714 19 (6) The manufacture, transport, testing, delivery,
715715 20 transfer or sale, and all lawful commercial or
716716 21 experimental activities necessary thereto, of rifles,
717717 22 shotguns, and weapons made from rifles or shotguns, or
718718 23 ammunition for such rifles, shotguns or weapons, where
719719 24 engaged in by a person operating as a contractor or
720720 25 subcontractor pursuant to a contract or subcontract for
721721 26 the development and supply of such rifles, shotguns,
722722
723723
724724
725725
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729729
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731731 HB3891 - 20 - LRB103 25815 RLC 52166 b
732732 1 weapons or ammunition to the United States government or
733733 2 any branch of the Armed Forces of the United States, when
734734 3 such activities are necessary and incident to fulfilling
735735 4 the terms of such contract.
736736 5 The exemption granted under this subdivision (c)(6)
737737 6 shall also apply to any authorized agent of any such
738738 7 contractor or subcontractor who is operating within the
739739 8 scope of his employment, where such activities involving
740740 9 such weapon, weapons or ammunition are necessary and
741741 10 incident to fulfilling the terms of such contract.
742742 11 (7) A person possessing a rifle with a barrel or
743743 12 barrels less than 16 inches in length if: (A) the person
744744 13 has been issued a Curios and Relics license from the U.S.
745745 14 Bureau of Alcohol, Tobacco, Firearms and Explosives; or
746746 15 (B) the person is an active member of a bona fide,
747747 16 nationally recognized military re-enacting group and the
748748 17 modification is required and necessary to accurately
749749 18 portray the weapon for historical re-enactment purposes;
750750 19 the re-enactor is in possession of a valid and current
751751 20 re-enacting group membership credential; and the overall
752752 21 length of the weapon as modified is not less than 26
753753 22 inches.
754754 23 (d) Subsection 24-1(a)(1) does not apply to the purchase,
755755 24 possession or carrying of a black-jack or slung-shot by a
756756 25 peace officer.
757757 26 (e) Subsection 24-1(a)(8) does not apply to any owner,
758758
759759
760760
761761
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764764
765765
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767767 HB3891 - 21 - LRB103 25815 RLC 52166 b
768768 1 manager or authorized employee of any place specified in that
769769 2 subsection nor to any law enforcement officer.
770770 3 (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and
771771 4 Section 24-1.6 do not apply to members of any club or
772772 5 organization organized for the purpose of practicing shooting
773773 6 at targets upon established target ranges, whether public or
774774 7 private, while using their firearms on those target ranges.
775775 8 (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply
776776 9 to:
777777 10 (1) Members of the Armed Services or Reserve Forces of
778778 11 the United States or the Illinois National Guard, while in
779779 12 the performance of their official duty.
780780 13 (2) Bonafide collectors of antique or surplus military
781781 14 ordnance.
782782 15 (3) Laboratories having a department of forensic
783783 16 ballistics, or specializing in the development of
784784 17 ammunition or explosive ordnance.
785785 18 (4) Commerce, preparation, assembly or possession of
786786 19 explosive bullets by manufacturers of ammunition licensed
787787 20 by the federal government, in connection with the supply
788788 21 of those organizations and persons exempted by subdivision
789789 22 (g)(1) of this Section, or like organizations and persons
790790 23 outside this State, or the transportation of explosive
791791 24 bullets to any organization or person exempted in this
792792 25 Section by a common carrier or by a vehicle owned or leased
793793 26 by an exempted manufacturer.
794794
795795
796796
797797
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804804 1 (g-5) Subsection 24-1(a)(6) does not apply to or affect
805805 2 persons licensed under federal law to manufacture any device
806806 3 or attachment of any kind designed, used, or intended for use
807807 4 in silencing the report of any firearm, firearms, or
808808 5 ammunition for those firearms equipped with those devices, and
809809 6 actually engaged in the business of manufacturing those
810810 7 devices, firearms, or ammunition, but only with respect to
811811 8 activities that are within the lawful scope of that business,
812812 9 such as the manufacture, transportation, or testing of those
813813 10 devices, firearms, or ammunition. This exemption does not
814814 11 authorize the general private possession of any device or
815815 12 attachment of any kind designed, used, or intended for use in
816816 13 silencing the report of any firearm, but only such possession
817817 14 and activities as are within the lawful scope of a licensed
818818 15 manufacturing business described in this subsection (g-5).
819819 16 During transportation, these devices shall be detached from
820820 17 any weapon or not immediately accessible.
821821 18 (g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
822822 19 24-1.6 do not apply to or affect any parole agent or parole
823823 20 supervisor who meets the qualifications and conditions
824824 21 prescribed in Section 3-14-1.5 of the Unified Code of
825825 22 Corrections.
826826 23 (g-7) Subsection 24-1(a)(6) does not apply to a peace
827827 24 officer while serving as a member of a tactical response team
828828 25 or special operations team. A peace officer may not personally
829829 26 own or apply for ownership of a device or attachment of any
830830
831831
832832
833833
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840840 1 kind designed, used, or intended for use in silencing the
841841 2 report of any firearm. These devices shall be owned and
842842 3 maintained by lawfully recognized units of government whose
843843 4 duties include the investigation of criminal acts.
844844 5 (g-10) (Blank).
845845 6 (g-15) Subsections 24-1.12(a) and 24-1.12(b) do not apply
846846 7 to or affect any of the following:
847847 8 (1) Possession, for purposes of investigation or
848848 9 disposition of any non-serialized handgun ammunition, by a
849849 10 forensic laboratory or any authorized agent or employee of
850850 11 that laboratory in the course and scope of his or her
851851 12 authorized activities.
852852 13 (2) Possession, for purposes of investigation,
853853 14 evidence, or disposition, of any non-serialized handgun
854854 15 ammunition by any State or unit of local government agency
855855 16 charged with law enforcement or by the Illinois State
856856 17 Police or by any authorized agent or employee of the
857857 18 agency, within the course and scope of his or her official
858858 19 duties.
859859 20 (3) Possession, for purposes of disposal, or the
860860 21 disposal, of non-serialized handgun ammunition by an
861861 22 executor or administrator of an estate if all of the
862862 23 following are met:
863863 24 (A) the non-serialized handgun ammunition was
864864 25 lawfully possessed, included within the estate, and
865865 26 the executor or administrator possesses or disposes of
866866
867867
868868
869869
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873873
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876876 1 the non-serialized handgun ammunition in a manner
877877 2 consistent with this Article.
878878 3 (B) the disposition is to a person or entity that
879879 4 may possess the non-serialized handgun ammunition in a
880880 5 manner consistent with this Article and possession is
881881 6 otherwise lawful; and
882882 7 (C) the disposition transfers the non-serialized
883883 8 handgun ammunition out of this State or to a law
884884 9 enforcement agency for disposition.
885885 10 (4) Possession of non-serialized handgun ammunition
886886 11 for purposes of transporting it to a law enforcement
887887 12 agency for disposition, if possession is otherwise lawful,
888888 13 and if the law enforcement agency has been notified prior
889889 14 to delivery of the handgun ammunition.
890890 15 (5) Possession of non-serialized handgun ammunition by
891891 16 peace officers from other states during the discharge of
892892 17 their official duties in this State.
893893 18 (6) Possession of non-serialized handgun ammunition by
894894 19 members of the Armed Services or Reserve Forces of the
895895 20 United States or the Illinois National Guard or the
896896 21 Reserve Officers Training Corps, while in the performance
897897 22 of their official duties.
898898 23 (7) Possession or exhibition of non-serialized handgun
899899 24 ammunition by a museum or collector, in a fixed or mobile
900900 25 exhibit or for educational purposes.
901901 26 (8) Transportation of non-serialized handgun
902902
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912912 1 ammunition by those permitted to be in possession of that
913913 2 ammunition and firearms for that ammunition from their
914914 3 residence to public and private shooting events and ranges
915915 4 for a period of 10 years after the effective date of this
916916 5 amendatory act of the 103rd General Assembly.
917917 6 (9) Transfer of non-serialized handgun ammunition from
918918 7 a retail mercantile establishment in this state to another
919919 8 retail mercantile establishment outside of this State.
920920 9 (10) Possession of non-serialized handgun ammunition
921921 10 inventory by a retail mercantile establishment
922922 11 manufactured before January 1, 2024 and possessed by the
923923 12 retail mercantile establishment until that inventory is
924924 13 sold or exhausted in compliance with this Article.
925925 14 (11) Possession of non-serialized handgun ammunition
926926 15 by a person issued a concealed carry license by the
927927 16 Illinois State Police under the Firearm Concealed Carry
928928 17 Act or issued a Firearm Owner's Identification Card by the
929929 18 Illinois State Police under the Firearm Owners
930930 19 Identification Card Act on his or her person, in a
931931 20 firearm, or in a vehicle for 15 years after the effective
932932 21 date of this amendatory Act of the 103rd General Assembly.
933933 22 (12) Possession of non-serialized handgun ammunition
934934 23 by persons engaged in the development of new calibers, new
935935 24 rifles, new handguns, and ammunition that is used in those
936936 25 rifles and handguns or modifications to existing rifles or
937937 26 handguns. Possession of non-serialized handgun ammunition
938938
939939
940940
941941
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944944
945945
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948948 1 under this paragraph (12) must be in compliance with this
949949 2 Article, the number of rounds must not exceed 15,000, must
950950 3 be used solely for development purposes, and must be
951951 4 transported with the firearms for which they are used.
952952 5 (13) Possession of non-serialized handgun ammunition
953953 6 by persons engaged in the non-commercial reloading of
954954 7 ammunition.
955955 8 (14) Possession and storage of non-serialized handgun
956956 9 ammunition in the owner's dwelling, farm, or farm
957957 10 outbuilding, or while at a public or private firearm
958958 11 range.
959959 12 (15) Possession of non-serialized handgun ammunition
960960 13 by persons involved in the protection of dignitaries from
961961 14 domestic or foreign governments under the direction and
962962 15 authorization of the Illinois State Police, which may
963963 16 charge a fee for use of that ammunition which shall not
964964 17 exceed the cost of that ammunition to the Illinois State
965965 18 Police.
966966 19 (16) Ammunition used in black powder firearms
967967 20 regardless of the date of manufacture of the firearms.
968968 21 (17) Projectiles that are determined by the Illinois
969969 22 State Police to be less than lethal that may be fired from
970970 23 devices that are in possession of persons lawfully able to
971971 24 possess those devices.
972972 25 (g-16) The Illinois State Police shall annually review the
973973 26 exemptions contained in subsection (g-15) of this Section and
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984984 1 make recommendations to the Governor and General Assembly for
985985 2 changes in exemptions permitted by subsection (g-15).
986986 3 (h) An information or indictment based upon a violation of
987987 4 any subsection of this Article need not negative any
988988 5 exemptions contained in this Article. The defendant shall have
989989 6 the burden of proving such an exemption.
990990 7 (i) Nothing in this Article shall prohibit, apply to, or
991991 8 affect the transportation, carrying, or possession, of any
992992 9 pistol or revolver, stun gun, taser, or other firearm
993993 10 consigned to a common carrier operating under license of the
994994 11 State of Illinois or the federal government, where such
995995 12 transportation, carrying, or possession is incident to the
996996 13 lawful transportation in which such common carrier is engaged;
997997 14 and nothing in this Article shall prohibit, apply to, or
998998 15 affect the transportation, carrying, or possession of any
999999 16 pistol, revolver, stun gun, taser, or other firearm, not the
10001000 17 subject of and regulated by subsection 24-1(a)(7) or
10011001 18 subsection 24-2(c) of this Article, which is unloaded and
10021002 19 enclosed in a case, firearm carrying box, shipping box, or
10031003 20 other container, by the possessor of a valid Firearm Owners
10041004 21 Identification Card.
10051005 22 (Source: P.A. 101-80, eff. 7-12-19; 102-152, eff. 1-1-22;
10061006 23 102-779, eff. 1-1-23; 102-837, eff. 5-13-22; revised
10071007 24 12-14-22.)
10081008 25 (720 ILCS 5/24-4) (from Ch. 38, par. 24-4)
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10191019 1 Sec. 24-4. Register of sales by dealer.
10201020 2 (a) Any seller of firearms of a size which may be concealed
10211021 3 upon the person, other than a manufacturer selling to a bona
10221022 4 fide wholesaler or retailer or a wholesaler selling to a bona
10231023 5 fide retailer, shall keep a register of all firearms sold or
10241024 6 given away.
10251025 7 (b) Such register shall contain the date of the sale or
10261026 8 gift, the name, address, age and occupation of the person to
10271027 9 whom the weapon is sold or given, the price of the weapon, the
10281028 10 kind, description and number of the weapon, and the purpose
10291029 11 for which it is purchased and obtained.
10301030 12 (c) Such seller on demand of a peace officer shall produce
10311031 13 for inspection the register and allow such peace officer to
10321032 14 inspect such register and all stock on hand.
10331033 15 (c-5) Beginning January 1, 2024, the Illinois State Police
10341034 16 shall maintain a centralized registry of all reports of
10351035 17 handgun ammunition transactions reported to the Illinois State
10361036 18 Police under Section 24-1.13, in a manner prescribed by the
10371037 19 Illinois State Police. Information in the registry, upon
10381038 20 proper application for that information, shall be furnished to
10391039 21 the officers listed in Section 24-1.13, or to the person
10401040 22 listed in the registry as the owner of the particular handgun
10411041 23 ammunition.
10421042 24 (d) Sentence.
10431043 25 Violation of this Section is a Class B misdemeanor.
10441044 26 (Source: P.A. 77-2638.)
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10551055 1 (720 ILCS 5/24-5) (from Ch. 38, par. 24-5)
10561056 2 Sec. 24-5. Defacing identification marks of firearms.
10571057 3 (a) Any person who shall knowingly or intentionally
10581058 4 change, alter, remove or obliterate the name of the importer's
10591059 5 or manufacturer's serial number of any firearm commits a Class
10601060 6 2 felony.
10611061 7 (b) A person who possesses any firearm upon which any such
10621062 8 importer's or manufacturer's serial number has been changed,
10631063 9 altered, removed or obliterated commits a Class 3 felony.
10641064 10 (b-5) Beginning January 1, 2024, any person who knowingly
10651065 11 destroys, obliterates, or otherwise renders unreadable, the
10661066 12 serialization required under Section 24-1.12, on any bullet or
10671067 13 assembled handgun ammunition is guilty of a Class A
10681068 14 misdemeanor.
10691069 15 (c) Nothing in this Section shall prevent a person from
10701070 16 making repairs, replacement of parts, or other changes to a
10711071 17 firearm if those repairs, replacement of parts, or changes
10721072 18 cause the removal of the name of the maker, model, or other
10731073 19 marks of identification other than the serial number on the
10741074 20 firearm's frame or receiver.
10751075 21 (d) A prosecution for a violation of this Section may be
10761076 22 commenced within 6 years after the commission of the offense.
10771077 23 (Source: P.A. 93-906, eff. 8-11-04.)
10781078 24 Section 99. Effective date. This Act takes effect upon
10791079 25 becoming law.
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