104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1034 Introduced , by Rep. John M. Cabello SYNOPSIS AS INTRODUCED: See Index Repeals the Firearm Concealed Carry Act. Amends the Criminal Code of 2012. Provides that the unlawful use of weapons and aggravated unlawful use of a weapon statutes do not apply to or affect any person carrying a concealed pistol, revolver, or handgun and the person has been issued a currently valid Firearm Owner's Identification Card under the Firearm Owners Identification Card Act. Amends various Acts to make conforming changes. LRB104 03480 RLC 13503 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1034 Introduced , by Rep. John M. Cabello SYNOPSIS AS INTRODUCED: See Index See Index Repeals the Firearm Concealed Carry Act. Amends the Criminal Code of 2012. Provides that the unlawful use of weapons and aggravated unlawful use of a weapon statutes do not apply to or affect any person carrying a concealed pistol, revolver, or handgun and the person has been issued a currently valid Firearm Owner's Identification Card under the Firearm Owners Identification Card Act. Amends various Acts to make conforming changes. LRB104 03480 RLC 13503 b LRB104 03480 RLC 13503 b A BILL FOR
104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1034 Introduced , by Rep. John M. Cabello SYNOPSIS AS INTRODUCED:
See Index See Index
See Index
Repeals the Firearm Concealed Carry Act. Amends the Criminal Code of 2012. Provides that the unlawful use of weapons and aggravated unlawful use of a weapon statutes do not apply to or affect any person carrying a concealed pistol, revolver, or handgun and the person has been issued a currently valid Firearm Owner's Identification Card under the Firearm Owners Identification Card Act. Amends various Acts to make conforming changes.
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A BILL FOR
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HB1034 LRB104 03480 RLC 13503 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 Open Meetings Act is amended by changing
5 Section 2 as follows:
6 (5 ILCS 120/2) (from Ch. 102, par. 42)
7 Sec. 2. Open meetings.
8 (a) Openness required. All meetings of public bodies shall
9 be open to the public unless excepted in subsection (c) and
10 closed in accordance with Section 2a.
11 (b) Construction of exceptions. The exceptions contained
12 in subsection (c) are in derogation of the requirement that
13 public bodies meet in the open, and therefore, the exceptions
14 are to be strictly construed, extending only to subjects
15 clearly within their scope. The exceptions authorize but do
16 not require the holding of a closed meeting to discuss a
17 subject included within an enumerated exception.
18 (c) Exceptions. A public body may hold closed meetings to
19 consider the following subjects:
20 (1) The appointment, employment, compensation,
21 discipline, performance, or dismissal of specific
22 employees, specific individuals who serve as independent
23 contractors in a park, recreational, or educational
104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1034 Introduced , by Rep. John M. Cabello SYNOPSIS AS INTRODUCED:
See Index See Index
See Index
Repeals the Firearm Concealed Carry Act. Amends the Criminal Code of 2012. Provides that the unlawful use of weapons and aggravated unlawful use of a weapon statutes do not apply to or affect any person carrying a concealed pistol, revolver, or handgun and the person has been issued a currently valid Firearm Owner's Identification Card under the Firearm Owners Identification Card Act. Amends various Acts to make conforming changes.
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LRB104 03480 RLC 13503 b
A BILL FOR
See Index
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1 setting, or specific volunteers of the public body or
2 legal counsel for the public body, including hearing
3 testimony on a complaint lodged against an employee, a
4 specific individual who serves as an independent
5 contractor in a park, recreational, or educational
6 setting, or a volunteer of the public body or against
7 legal counsel for the public body to determine its
8 validity. However, a meeting to consider an increase in
9 compensation to a specific employee of a public body that
10 is subject to the Local Government Wage Increase
11 Transparency Act may not be closed and shall be open to the
12 public and posted and held in accordance with this Act.
13 (2) Collective negotiating matters between the public
14 body and its employees or their representatives, or
15 deliberations concerning salary schedules for one or more
16 classes of employees.
17 (3) The selection of a person to fill a public office,
18 as defined in this Act, including a vacancy in a public
19 office, when the public body is given power to appoint
20 under law or ordinance, or the discipline, performance or
21 removal of the occupant of a public office, when the
22 public body is given power to remove the occupant under
23 law or ordinance.
24 (4) Evidence or testimony presented in open hearing,
25 or in closed hearing where specifically authorized by law,
26 to a quasi-adjudicative body, as defined in this Act,
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1 provided that the body prepares and makes available for
2 public inspection a written decision setting forth its
3 determinative reasoning.
4 (4.5) Evidence or testimony presented to a school
5 board regarding denial of admission to school events or
6 property pursuant to Section 24-24 of the School Code,
7 provided that the school board prepares and makes
8 available for public inspection a written decision setting
9 forth its determinative reasoning.
10 (5) The purchase or lease of real property for the use
11 of the public body, including meetings held for the
12 purpose of discussing whether a particular parcel should
13 be acquired.
14 (6) The setting of a price for sale or lease of
15 property owned by the public body.
16 (7) The sale or purchase of securities, investments,
17 or investment contracts. This exception shall not apply to
18 the investment of assets or income of funds deposited into
19 the Illinois Prepaid Tuition Trust Fund.
20 (8) Security procedures, school building safety and
21 security, and the use of personnel and equipment to
22 respond to an actual, a threatened, or a reasonably
23 potential danger to the safety of employees, students,
24 staff, the public, or public property.
25 (9) Student disciplinary cases.
26 (10) The placement of individual students in special
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1 education programs and other matters relating to
2 individual students.
3 (11) Litigation, when an action against, affecting or
4 on behalf of the particular public body has been filed and
5 is pending before a court or administrative tribunal, or
6 when the public body finds that an action is probable or
7 imminent, in which case the basis for the finding shall be
8 recorded and entered into the minutes of the closed
9 meeting.
10 (12) The establishment of reserves or settlement of
11 claims as provided in the Local Governmental and
12 Governmental Employees Tort Immunity Act, if otherwise the
13 disposition of a claim or potential claim might be
14 prejudiced, or the review or discussion of claims, loss or
15 risk management information, records, data, advice or
16 communications from or with respect to any insurer of the
17 public body or any intergovernmental risk management
18 association or self insurance pool of which the public
19 body is a member.
20 (13) Conciliation of complaints of discrimination in
21 the sale or rental of housing, when closed meetings are
22 authorized by the law or ordinance prescribing fair
23 housing practices and creating a commission or
24 administrative agency for their enforcement.
25 (14) Informant sources, the hiring or assignment of
26 undercover personnel or equipment, or ongoing, prior or
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1 future criminal investigations, when discussed by a public
2 body with criminal investigatory responsibilities.
3 (15) Professional ethics or performance when
4 considered by an advisory body appointed to advise a
5 licensing or regulatory agency on matters germane to the
6 advisory body's field of competence.
7 (16) Self evaluation, practices and procedures or
8 professional ethics, when meeting with a representative of
9 a statewide association of which the public body is a
10 member.
11 (17) The recruitment, credentialing, discipline or
12 formal peer review of physicians or other health care
13 professionals, or for the discussion of matters protected
14 under the federal Patient Safety and Quality Improvement
15 Act of 2005, and the regulations promulgated thereunder,
16 including 42 C.F.R. Part 3 (73 FR 70732), or the federal
17 Health Insurance Portability and Accountability Act of
18 1996, and the regulations promulgated thereunder,
19 including 45 C.F.R. Parts 160, 162, and 164, by a
20 hospital, or other institution providing medical care,
21 that is operated by the public body.
22 (18) Deliberations for decisions of the Prisoner
23 Review Board.
24 (19) Review or discussion of applications received
25 under the Experimental Organ Transplantation Procedures
26 Act.
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1 (20) The classification and discussion of matters
2 classified as confidential or continued confidential by
3 the State Government Suggestion Award Board.
4 (21) Discussion of minutes of meetings lawfully closed
5 under this Act, whether for purposes of approval by the
6 body of the minutes or semi-annual review of the minutes
7 as mandated by Section 2.06.
8 (22) Deliberations for decisions of the State
9 Emergency Medical Services Disciplinary Review Board.
10 (23) The operation by a municipality of a municipal
11 utility or the operation of a municipal power agency or
12 municipal natural gas agency when the discussion involves
13 (i) contracts relating to the purchase, sale, or delivery
14 of electricity or natural gas or (ii) the results or
15 conclusions of load forecast studies.
16 (24) Meetings of a residential health care facility
17 resident sexual assault and death review team or the
18 Executive Council under the Abuse Prevention Review Team
19 Act.
20 (25) Meetings of an independent team of experts under
21 Brian's Law.
22 (26) Meetings of a mortality review team appointed
23 under the Department of Juvenile Justice Mortality Review
24 Team Act.
25 (27) (Blank).
26 (28) Correspondence and records (i) that may not be
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1 disclosed under Section 11-9 of the Illinois Public Aid
2 Code or (ii) that pertain to appeals under Section 11-8 of
3 the Illinois Public Aid Code.
4 (29) Meetings between internal or external auditors
5 and governmental audit committees, finance committees, and
6 their equivalents, when the discussion involves internal
7 control weaknesses, identification of potential fraud risk
8 areas, known or suspected frauds, and fraud interviews
9 conducted in accordance with generally accepted auditing
10 standards of the United States of America.
11 (30) (Blank).
12 (31) (Blank). Meetings and deliberations for decisions
13 of the Concealed Carry Licensing Review Board under the
14 Firearm Concealed Carry Act.
15 (32) Meetings between the Regional Transportation
16 Authority Board and its Service Boards when the discussion
17 involves review by the Regional Transportation Authority
18 Board of employment contracts under Section 28d of the
19 Metropolitan Transit Authority Act and Sections 3A.18 and
20 3B.26 of the Regional Transportation Authority Act.
21 (33) Those meetings or portions of meetings of the
22 advisory committee and peer review subcommittee created
23 under Section 320 of the Illinois Controlled Substances
24 Act during which specific controlled substance prescriber,
25 dispenser, or patient information is discussed.
26 (34) Meetings of the Tax Increment Financing Reform
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1 Task Force under Section 2505-800 of the Department of
2 Revenue Law of the Civil Administrative Code of Illinois.
3 (35) Meetings of the group established to discuss
4 Medicaid capitation rates under Section 5-30.8 of the
5 Illinois Public Aid Code.
6 (36) Those deliberations or portions of deliberations
7 for decisions of the Illinois Gaming Board in which there
8 is discussed any of the following: (i) personal,
9 commercial, financial, or other information obtained from
10 any source that is privileged, proprietary, confidential,
11 or a trade secret; or (ii) information specifically
12 exempted from the disclosure by federal or State law.
13 (37) Deliberations for decisions of the Illinois Law
14 Enforcement Training Standards Board, the Certification
15 Review Panel, and the Illinois State Police Merit Board
16 regarding certification and decertification.
17 (38) Meetings of the Ad Hoc Statewide Domestic
18 Violence Fatality Review Committee of the Illinois
19 Criminal Justice Information Authority Board that occur in
20 closed executive session under subsection (d) of Section
21 35 of the Domestic Violence Fatality Review Act.
22 (39) Meetings of the regional review teams under
23 subsection (a) of Section 75 of the Domestic Violence
24 Fatality Review Act.
25 (40) Meetings of the Firearm Owner's Identification
26 Card Review Board under Section 10 of the Firearm Owners
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1 Identification Card Act.
2 (d) Definitions. For purposes of this Section:
3 "Employee" means a person employed by a public body whose
4 relationship with the public body constitutes an
5 employer-employee relationship under the usual common law
6 rules, and who is not an independent contractor.
7 "Public office" means a position created by or under the
8 Constitution or laws of this State, the occupant of which is
9 charged with the exercise of some portion of the sovereign
10 power of this State. The term "public office" shall include
11 members of the public body, but it shall not include
12 organizational positions filled by members thereof, whether
13 established by law or by a public body itself, that exist to
14 assist the body in the conduct of its business.
15 "Quasi-adjudicative body" means an administrative body
16 charged by law or ordinance with the responsibility to conduct
17 hearings, receive evidence or testimony and make
18 determinations based thereon, but does not include local
19 electoral boards when such bodies are considering petition
20 challenges.
21 (e) Final action. No final action may be taken at a closed
22 meeting. Final action shall be preceded by a public recital of
23 the nature of the matter being considered and other
24 information that will inform the public of the business being
25 conducted.
26 (Source: P.A. 102-237, eff. 1-1-22; 102-520, eff. 8-20-21;
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1 102-558, eff. 8-20-21; 102-813, eff. 5-13-22; 103-311, eff.
2 7-28-23; 103-626, eff. 1-1-25.)
3 Section 10. The Freedom of Information Act is amended by
4 changing Section 7.5 as follows:
5 (5 ILCS 140/7.5)
6 Sec. 7.5. Statutory exemptions. To the extent provided for
7 by the statutes referenced below, the following shall be
8 exempt from inspection and copying:
9 (a) All information determined to be confidential
10 under Section 4002 of the Technology Advancement and
11 Development Act.
12 (b) Library circulation and order records identifying
13 library users with specific materials under the Library
14 Records Confidentiality Act.
15 (c) Applications, related documents, and medical
16 records received by the Experimental Organ Transplantation
17 Procedures Board and any and all documents or other
18 records prepared by the Experimental Organ Transplantation
19 Procedures Board or its staff relating to applications it
20 has received.
21 (d) Information and records held by the Department of
22 Public Health and its authorized representatives relating
23 to known or suspected cases of sexually transmitted
24 infection or any information the disclosure of which is
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1 restricted under the Illinois Sexually Transmitted
2 Infection Control Act.
3 (e) Information the disclosure of which is exempted
4 under Section 30 of the Radon Industry Licensing Act.
5 (f) Firm performance evaluations under Section 55 of
6 the Architectural, Engineering, and Land Surveying
7 Qualifications Based Selection Act.
8 (g) Information the disclosure of which is restricted
9 and exempted under Section 50 of the Illinois Prepaid
10 Tuition Act.
11 (h) Information the disclosure of which is exempted
12 under the State Officials and Employees Ethics Act, and
13 records of any lawfully created State or local inspector
14 general's office that would be exempt if created or
15 obtained by an Executive Inspector General's office under
16 that Act.
17 (i) Information contained in a local emergency energy
18 plan submitted to a municipality in accordance with a
19 local emergency energy plan ordinance that is adopted
20 under Section 11-21.5-5 of the Illinois Municipal Code.
21 (j) Information and data concerning the distribution
22 of surcharge moneys collected and remitted by carriers
23 under the Emergency Telephone System Act.
24 (k) Law enforcement officer identification information
25 or driver identification information compiled by a law
26 enforcement agency or the Department of Transportation
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1 under Section 11-212 of the Illinois Vehicle Code.
2 (l) Records and information provided to a residential
3 health care facility resident sexual assault and death
4 review team or the Executive Council under the Abuse
5 Prevention Review Team Act.
6 (m) Information provided to the predatory lending
7 database created pursuant to Article 3 of the Residential
8 Real Property Disclosure Act, except to the extent
9 authorized under that Article.
10 (n) Defense budgets and petitions for certification of
11 compensation and expenses for court appointed trial
12 counsel as provided under Sections 10 and 15 of the
13 Capital Crimes Litigation Act (repealed). This subsection
14 (n) shall apply until the conclusion of the trial of the
15 case, even if the prosecution chooses not to pursue the
16 death penalty prior to trial or sentencing.
17 (o) Information that is prohibited from being
18 disclosed under Section 4 of the Illinois Health and
19 Hazardous Substances Registry Act.
20 (p) Security portions of system safety program plans,
21 investigation reports, surveys, schedules, lists, data, or
22 information compiled, collected, or prepared by or for the
23 Department of Transportation under Sections 2705-300 and
24 2705-616 of the Department of Transportation Law of the
25 Civil Administrative Code of Illinois, the Regional
26 Transportation Authority under Section 2.11 of the
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1 Regional Transportation Authority Act, or the St. Clair
2 County Transit District under the Bi-State Transit Safety
3 Act (repealed).
4 (q) Information prohibited from being disclosed by the
5 Personnel Record Review Act.
6 (r) Information prohibited from being disclosed by the
7 Illinois School Student Records Act.
8 (s) Information the disclosure of which is restricted
9 under Section 5-108 of the Public Utilities Act.
10 (t) (Blank).
11 (u) Records and information provided to an independent
12 team of experts under the Developmental Disability and
13 Mental Health Safety Act (also known as Brian's Law).
14 (v) Names and information of people who have applied
15 for or received Firearm Owner's Identification Cards under
16 the Firearm Owners Identification Card Act or applied for
17 or received a concealed carry license under the Firearm
18 Concealed Carry Act, unless otherwise authorized by the
19 Firearm Concealed Carry Act; and databases under the
20 Firearm Concealed Carry Act, records of the Concealed
21 Carry Licensing Review Board under the Firearm Concealed
22 Carry Act, and law enforcement agency objections under the
23 Firearm Concealed Carry Act.
24 (v-5) Records of the Firearm Owner's Identification
25 Card Review Board that are exempted from disclosure under
26 Section 10 of the Firearm Owners Identification Card Act.
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1 (w) Personally identifiable information which is
2 exempted from disclosure under subsection (g) of Section
3 19.1 of the Toll Highway Act.
4 (x) Information which is exempted from disclosure
5 under Section 5-1014.3 of the Counties Code or Section
6 8-11-21 of the Illinois Municipal Code.
7 (y) Confidential information under the Adult
8 Protective Services Act and its predecessor enabling
9 statute, the Elder Abuse and Neglect Act, including
10 information about the identity and administrative finding
11 against any caregiver of a verified and substantiated
12 decision of abuse, neglect, or financial exploitation of
13 an eligible adult maintained in the Registry established
14 under Section 7.5 of the Adult Protective Services Act.
15 (z) Records and information provided to a fatality
16 review team or the Illinois Fatality Review Team Advisory
17 Council under Section 15 of the Adult Protective Services
18 Act.
19 (aa) Information which is exempted from disclosure
20 under Section 2.37 of the Wildlife Code.
21 (bb) Information which is or was prohibited from
22 disclosure by the Juvenile Court Act of 1987.
23 (cc) Recordings made under the Law Enforcement
24 Officer-Worn Body Camera Act, except to the extent
25 authorized under that Act.
26 (dd) Information that is prohibited from being
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1 disclosed under Section 45 of the Condominium and Common
2 Interest Community Ombudsperson Act.
3 (ee) Information that is exempted from disclosure
4 under Section 30.1 of the Pharmacy Practice Act.
5 (ff) Information that is exempted from disclosure
6 under the Revised Uniform Unclaimed Property Act.
7 (gg) Information that is prohibited from being
8 disclosed under Section 7-603.5 of the Illinois Vehicle
9 Code.
10 (hh) Records that are exempt from disclosure under
11 Section 1A-16.7 of the Election Code.
12 (ii) Information which is exempted from disclosure
13 under Section 2505-800 of the Department of Revenue Law of
14 the Civil Administrative Code of Illinois.
15 (jj) Information and reports that are required to be
16 submitted to the Department of Labor by registering day
17 and temporary labor service agencies but are exempt from
18 disclosure under subsection (a-1) of Section 45 of the Day
19 and Temporary Labor Services Act.
20 (kk) Information prohibited from disclosure under the
21 Seizure and Forfeiture Reporting Act.
22 (ll) Information the disclosure of which is restricted
23 and exempted under Section 5-30.8 of the Illinois Public
24 Aid Code.
25 (mm) Records that are exempt from disclosure under
26 Section 4.2 of the Crime Victims Compensation Act.
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1 (nn) Information that is exempt from disclosure under
2 Section 70 of the Higher Education Student Assistance Act.
3 (oo) Communications, notes, records, and reports
4 arising out of a peer support counseling session
5 prohibited from disclosure under the First Responders
6 Suicide Prevention Act.
7 (pp) Names and all identifying information relating to
8 an employee of an emergency services provider or law
9 enforcement agency under the First Responders Suicide
10 Prevention Act.
11 (qq) Information and records held by the Department of
12 Public Health and its authorized representatives collected
13 under the Reproductive Health Act.
14 (rr) Information that is exempt from disclosure under
15 the Cannabis Regulation and Tax Act.
16 (ss) Data reported by an employer to the Department of
17 Human Rights pursuant to Section 2-108 of the Illinois
18 Human Rights Act.
19 (tt) Recordings made under the Children's Advocacy
20 Center Act, except to the extent authorized under that
21 Act.
22 (uu) Information that is exempt from disclosure under
23 Section 50 of the Sexual Assault Evidence Submission Act.
24 (vv) Information that is exempt from disclosure under
25 subsections (f) and (j) of Section 5-36 of the Illinois
26 Public Aid Code.
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1 (ww) Information that is exempt from disclosure under
2 Section 16.8 of the State Treasurer Act.
3 (xx) Information that is exempt from disclosure or
4 information that shall not be made public under the
5 Illinois Insurance Code.
6 (yy) Information prohibited from being disclosed under
7 the Illinois Educational Labor Relations Act.
8 (zz) Information prohibited from being disclosed under
9 the Illinois Public Labor Relations Act.
10 (aaa) Information prohibited from being disclosed
11 under Section 1-167 of the Illinois Pension Code.
12 (bbb) Information that is prohibited from disclosure
13 by the Illinois Police Training Act and the Illinois State
14 Police Act.
15 (ccc) Records exempt from disclosure under Section
16 2605-304 of the Illinois State Police Law of the Civil
17 Administrative Code of Illinois.
18 (ddd) Information prohibited from being disclosed
19 under Section 35 of the Address Confidentiality for
20 Victims of Domestic Violence, Sexual Assault, Human
21 Trafficking, or Stalking Act.
22 (eee) Information prohibited from being disclosed
23 under subsection (b) of Section 75 of the Domestic
24 Violence Fatality Review Act.
25 (fff) Images from cameras under the Expressway Camera
26 Act. This subsection (fff) is inoperative on and after
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1 July 1, 2025.
2 (ggg) Information prohibited from disclosure under
3 paragraph (3) of subsection (a) of Section 14 of the Nurse
4 Agency Licensing Act.
5 (hhh) Information submitted to the Illinois State
6 Police in an affidavit or application for an assault
7 weapon endorsement, assault weapon attachment endorsement,
8 .50 caliber rifle endorsement, or .50 caliber cartridge
9 endorsement under the Firearm Owners Identification Card
10 Act.
11 (iii) Data exempt from disclosure under Section 50 of
12 the School Safety Drill Act.
13 (jjj) Information exempt from disclosure under Section
14 30 of the Insurance Data Security Law.
15 (kkk) Confidential business information prohibited
16 from disclosure under Section 45 of the Paint Stewardship
17 Act.
18 (lll) Data exempt from disclosure under Section
19 2-3.196 of the School Code.
20 (mmm) Information prohibited from being disclosed
21 under subsection (e) of Section 1-129 of the Illinois
22 Power Agency Act.
23 (nnn) Materials received by the Department of Commerce
24 and Economic Opportunity that are confidential under the
25 Music and Musicians Tax Credit and Jobs Act.
26 (ooo) (nnn) Data or information provided pursuant to
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1 Section 20 of the Statewide Recycling Needs and Assessment
2 Act.
3 (ppp) (nnn) Information that is exempt from disclosure
4 under Section 28-11 of the Lawful Health Care Activity
5 Act.
6 (qqq) (nnn) Information that is exempt from disclosure
7 under Section 7-101 of the Illinois Human Rights Act.
8 (rrr) (mmm) Information prohibited from being
9 disclosed under Section 4-2 of the Uniform Money
10 Transmission Modernization Act.
11 (sss) (nnn) Information exempt from disclosure under
12 Section 40 of the Student-Athlete Endorsement Rights Act.
13 (Source: P.A. 102-36, eff. 6-25-21; 102-237, eff. 1-1-22;
14 102-292, eff. 1-1-22; 102-520, eff. 8-20-21; 102-559, eff.
15 8-20-21; 102-813, eff. 5-13-22; 102-946, eff. 7-1-22;
16 102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; 103-8, eff.
17 6-7-23; 103-34, eff. 6-9-23; 103-142, eff. 1-1-24; 103-372,
18 eff. 1-1-24; 103-472, eff. 8-1-24; 103-508, eff. 8-4-23;
19 103-580, eff. 12-8-23; 103-592, eff. 6-7-24; 103-605, eff.
20 7-1-24; 103-636, eff. 7-1-24; 103-724, eff. 1-1-25; 103-786,
21 eff. 8-7-24; 103-859, eff. 8-9-24; 103-991, eff. 8-9-24;
22 103-1049, eff. 8-9-24; revised 11-26-24.)
23 Section 15. The Illinois TRUST Act is amended by changing
24 Section 15 as follows:
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1 (5 ILCS 805/15)
2 Sec. 15. Prohibition on enforcing federal civil
3 immigration laws.
4 (a) A law enforcement agency or law enforcement official
5 shall not detain or continue to detain any individual solely
6 on the basis of any immigration detainer or civil immigration
7 warrant or otherwise comply with an immigration detainer or
8 civil immigration warrant.
9 (b) A law enforcement agency or law enforcement official
10 shall not stop, arrest, search, detain, or continue to detain
11 a person solely based on an individual's citizenship or
12 immigration status.
13 (c) (Blank).
14 (d) A law enforcement agency or law enforcement official
15 acting in good faith in compliance with this Section who
16 releases a person subject to an immigration detainer or civil
17 immigration warrant shall have immunity from any civil or
18 criminal liability that might otherwise occur as a result of
19 making the release, with the exception of willful or wanton
20 misconduct.
21 (e) A law enforcement agency or law enforcement official
22 may not inquire about or investigate the citizenship or
23 immigration status or place of birth of any individual in the
24 agency or official's custody or who has otherwise been stopped
25 or detained by the agency or official. Nothing in this
26 subsection shall be construed to limit the ability of a law
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1 enforcement agency or law enforcement official, pursuant to
2 State or federal law, to notify a person in the law enforcement
3 agency's custody about that person's right to communicate with
4 consular officers from that person's country of nationality,
5 or facilitate such communication, in accordance with the
6 Vienna Convention on Consular Relations or other bilateral
7 agreements. Nothing in this subsection shall be construed to
8 limit the ability of a law enforcement agency or law
9 enforcement official to request evidence of citizenship or
10 immigration status pursuant to the Firearm Owners
11 Identification Card Act, the Firearm Concealed Carry Act,
12 Article 24 of the Criminal Code of 2012, or 18 United States
13 Code Sections 921 through 931.
14 (f) Unless otherwise limited by federal law, a law
15 enforcement agency or law enforcement official may not deny
16 services, benefits, privileges, or opportunities to an
17 individual in custody or under probation status, including,
18 but not limited to, eligibility for or placement in a lower
19 custody classification, educational, rehabilitative, or
20 diversionary programs, on the basis of the individual's
21 citizenship or immigration status, the issuance of an
22 immigration detainer or civil immigration warrant against the
23 individual, or the individual being in immigration removal
24 proceedings.
25 (g)(1) No law enforcement agency, law enforcement
26 official, or any unit of State or local government may enter
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1 into or renew any contract, intergovernmental service
2 agreement, or any other agreement to house or detain
3 individuals for federal civil immigration violations.
4 (2) Any law enforcement agency, law enforcement official,
5 or unit of State or local government with an existing
6 contract, intergovernmental agreement, or other agreement,
7 whether in whole or in part, that is utilized to house or
8 detain individuals for civil immigration violations shall
9 exercise the termination provision in the agreement as applied
10 to housing or detaining individuals for civil immigration
11 violations no later than January 1, 2022.
12 (h) Unless presented with a federal criminal warrant, or
13 otherwise required by federal law, a law enforcement agency or
14 official may not:
15 (1) participate, support, or assist in any capacity
16 with an immigration agent's enforcement operations,
17 including any collateral assistance such as coordinating
18 an arrest in a courthouse or other public facility,
19 providing use of any equipment, transporting any
20 individuals, or establishing a security or traffic
21 perimeter surrounding such operations, or any other
22 on-site support;
23 (2) give any immigration agent access, including by
24 telephone, to any individual who is in that agency's
25 custody;
26 (3) transfer any person into an immigration agent's
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1 custody;
2 (4) permit immigration agents use of agency facilities
3 or equipment, including any agency electronic databases
4 not available to the public, for investigative interviews
5 or other investigative or immigration enforcement purpose;
6 (5) enter into or maintain any agreement regarding
7 direct access to any electronic database or other
8 data-sharing platform maintained by any law enforcement
9 agency, or otherwise provide such direct access to the
10 U.S. Immigration and Customs Enforcement, United States
11 Customs and Border Protection or any other federal entity
12 enforcing civil immigration violations;
13 (6) provide information in response to any immigration
14 agent's inquiry or request for information regarding any
15 individual in the agency's custody; or
16 (7) provide to any immigration agent information not
17 otherwise available to the public relating to an
18 individual's release or contact information, or otherwise
19 facilitate for an immigration agent to apprehend or
20 question an individual for immigration enforcement.
21 (i) Nothing in this Section shall preclude a law
22 enforcement official from otherwise executing that official's
23 duties in investigating violations of criminal law and
24 cooperating in such investigations with federal and other law
25 enforcement agencies (including criminal investigations
26 conducted by federal Homeland Security Investigations (HSI))
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1 in order to ensure public safety.
2 (Source: P.A. 102-234, eff. 8-2-21; 103-154, eff. 6-30-23.)
3 Section 20. The Gun Trafficking Information Act is amended
4 by changing Section 10-5 as follows:
5 (5 ILCS 830/10-5)
6 Sec. 10-5. Gun trafficking information.
7 (a) The Illinois State Police shall use all reasonable
8 efforts, as allowed by State law and regulations, federal law
9 and regulations, and executed Memoranda of Understanding
10 between Illinois law enforcement agencies and the U.S. Bureau
11 of Alcohol, Tobacco, Firearms and Explosives, in making
12 publicly available, on a regular and ongoing basis, key
13 information related to firearms used in the commission of
14 crimes in this State, including, but not limited to: reports
15 on crimes committed with firearms, locations where the crimes
16 occurred, the number of persons killed or injured in the
17 commission of the crimes, the state where the firearms used
18 originated, the Federal Firearms Licensee that sold the
19 firearm, the type of firearms used, if known, annual
20 statistical information concerning Firearm Owner's
21 Identification Card and concealed carry license applications,
22 revocations, and compliance with Section 9.5 of the Firearm
23 Owners Identification Card Act, the information required in
24 the report or on the Illinois State Police's website under
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1 Section 85 of the Firearms Restraining Order Act, and firearm
2 dealer license certification inspections. The Illinois State
3 Police shall make the information available on its website,
4 which may be presented in a dashboard format, in addition to
5 electronically filing a report with the Governor and the
6 General Assembly. The report to the General Assembly shall be
7 filed with the Clerk of the House of Representatives and the
8 Secretary of the Senate in electronic form only, in the manner
9 that the Clerk and the Secretary shall direct.
10 (b) The Illinois State Police shall study, on a regular
11 and ongoing basis, and compile reports on the number of
12 Firearm Owner's Identification Card checks to determine
13 firearms trafficking or straw purchase patterns. The Illinois
14 State Police shall, to the extent not inconsistent with law,
15 share such reports and underlying data with academic centers,
16 foundations, and law enforcement agencies studying firearms
17 trafficking, provided that personally identifying information
18 is protected. For purposes of this subsection (b), a Firearm
19 Owner's Identification Card number is not personally
20 identifying information, provided that no other personal
21 information of the card holder is attached to the record. The
22 Illinois State Police may create and attach an alternate
23 unique identifying number to each Firearm Owner's
24 Identification Card number, instead of releasing the Firearm
25 Owner's Identification Card number itself.
26 (c) Each department, office, division, and agency of this
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1 State shall, to the extent not inconsistent with law,
2 cooperate fully with the Illinois State Police and furnish the
3 Illinois State Police with all relevant information and
4 assistance on a timely basis as is necessary to accomplish the
5 purpose of this Act. The Illinois Criminal Justice Information
6 Authority shall submit the information required in subsection
7 (a) of this Section to the Illinois State Police, and any other
8 information as the Illinois State Police may request, to
9 assist the Illinois State Police in carrying out its duties
10 under this Act.
11 (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
12 102-813, eff. 5-13-22; 103-34, eff. 6-9-23.)
13 (15 ILCS 305/13.5 rep.)
14 Section 25. The Secretary of State Act is amended by
15 repealing Section 13.5.
16 Section 30. The Department of State Police Law of the
17 Civil Administrative Code of Illinois is amended by changing
18 Sections 2605-10, 2605-45, 2605-200, 2605-595, and 2605-605 as
19 follows:
20 (20 ILCS 2605/2605-10) (was 20 ILCS 2605/55a in part)
21 Sec. 2605-10. Powers and duties, generally.
22 (a) The Illinois State Police shall exercise the rights,
23 powers, and duties that have been vested in the Illinois State
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1 Police by the following:
2 The Illinois State Police Act.
3 The Illinois State Police Radio Act.
4 The Criminal Identification Act.
5 The Illinois Vehicle Code.
6 The Firearm Owners Identification Card Act.
7 The Firearm Concealed Carry Act.
8 The Firearm Dealer License Certification Act.
9 The Intergovernmental Missing Child Recovery Act of
10 1984.
11 The Intergovernmental Drug Laws Enforcement Act.
12 The Narcotic Control Division Abolition Act.
13 The Illinois Uniform Conviction Information Act.
14 The Murderer and Violent Offender Against Youth
15 Registration Act.
16 (b) The Illinois State Police shall have the powers and
17 duties set forth in the following Sections.
18 (c) The Illinois State Police shall exercise the rights,
19 powers, and duties vested in the Illinois State Police to
20 implement the following protective service functions for State
21 facilities, State officials, and State employees serving in
22 their official capacity:
23 (1) Utilize subject matter expertise and law
24 enforcement authority to strengthen the protection of
25 State government facilities, State employees, State
26 officials, and State critical infrastructure.
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1 (2) Coordinate State, federal, and local law
2 enforcement activities involving the protection of State
3 facilities, officials, and employees.
4 (3) Conduct investigations of criminal threats to
5 State facilities, State critical infrastructure, State
6 officials, and State employees.
7 (4) Train State officials and employees in personal
8 protection, crime prevention, facility occupant emergency
9 planning, and incident management.
10 (5) Establish standard protocols for prevention and
11 response to criminal threats to State facilities, State
12 officials, State employees, and State critical
13 infrastructure and standard protocols for reporting of
14 suspicious activities.
15 (6) Establish minimum operational standards,
16 qualifications, training, and compliance requirements for
17 State employees and contractors engaged in the protection
18 of State facilities and employees.
19 (7) At the request of departments or agencies of State
20 government, conduct security assessments, including, but
21 not limited to, examination of alarm systems, cameras
22 systems, access points, personnel readiness, and emergency
23 protocols based on risk and need.
24 (8) Oversee the planning and implementation of
25 security and law enforcement activities necessary for the
26 protection of major, multi-jurisdictional events
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1 implicating potential criminal threats to State officials,
2 State employees, or State-owned, State-leased, or
3 State-operated critical infrastructure or facilities.
4 (9) Oversee and direct the planning and implementation
5 of security and law enforcement activities by the
6 departments and agencies of the State necessary for the
7 protection of State employees, State officials, and
8 State-owned, State-leased, or State-operated critical
9 infrastructure or facilities from criminal activity.
10 (10) Advise the Governor and Homeland Security Advisor
11 on any matters necessary for the effective protection of
12 State facilities, critical infrastructure, officials, and
13 employees from criminal threats.
14 (11) Utilize intergovernmental agreements and
15 administrative rules as needed for the effective,
16 efficient implementation of law enforcement and support
17 activities necessary for the protection of State
18 facilities, State infrastructure, State employees, and,
19 upon the express written consent of State constitutional
20 officials, State constitutional officials.
21 (Source: P.A. 102-538, eff. 8-20-21; 103-34, eff. 1-1-24;
22 103-564, eff. 11-17-23.)
23 (20 ILCS 2605/2605-45) (was 20 ILCS 2605/55a-5)
24 Sec. 2605-45. Division of Justice Services. The Division
25 of Justice Services shall provide administrative and technical
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1 services and support to the Illinois State Police, criminal
2 justice agencies, and the public and shall exercise the
3 following functions:
4 (1) Operate and maintain the Law Enforcement Agencies
5 Data System (LEADS), a statewide, computerized
6 telecommunications system designed to provide services,
7 information, and capabilities to the law enforcement and
8 criminal justice community in the State of Illinois. The
9 Director is responsible for establishing policy,
10 procedures, and regulations consistent with State and
11 federal rules, policies, and law by which LEADS operates.
12 The Director shall designate a statewide LEADS
13 Administrator for management of the system. The Director
14 may appoint a LEADS Advisory Policy Board to reflect the
15 needs and desires of the law enforcement and criminal
16 justice community and to make recommendations concerning
17 policies and procedures.
18 (2) Pursue research and the publication of studies
19 pertaining to local law enforcement activities.
20 (3) Serve as the State's point of contact for the
21 Federal Bureau of Investigation's Uniform Crime Reporting
22 Program and National Incident-Based Reporting System.
23 (4) Operate an electronic data processing and computer
24 center for the storage and retrieval of data pertaining to
25 criminal activity.
26 (5) Exercise the rights, powers, and duties vested in
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1 the Illinois State Police by the Cannabis Regulation and
2 Tax Act and the Compassionate Use of Medical Cannabis
3 Program Act.
4 (6) (Blank).
5 (6.5) Exercise the rights, powers, and duties vested
6 in the Illinois State Police by the Firearm Owners
7 Identification Card Act, the Firearm Concealed Carry Act,
8 the Firearm Transfer Inquiry Program, the prohibited
9 persons portal under Section 2605-304, and the Firearm
10 Dealer License Certification Act.
11 (7) Exercise other duties that may be assigned by the
12 Director to fulfill the responsibilities and achieve the
13 purposes of the Illinois State Police.
14 (8) Exercise the rights, powers, and duties vested by
15 law in the Illinois State Police by the Criminal
16 Identification Act and the Illinois Uniform Conviction
17 Information Act.
18 (9) Exercise the powers and perform the duties that
19 have been vested in the Illinois State Police by the
20 Murderer and Violent Offender Against Youth Registration
21 Act, the Sex Offender Registration Act, and the Sex
22 Offender Community Notification Law and adopt reasonable
23 rules necessitated thereby.
24 (10) Serve as the State central repository for
25 criminal history record information.
26 (11) Share all necessary information with the
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1 Concealed Carry Licensing Review Board and the Firearms
2 Owner's Identification Card Review Board necessary for the
3 execution of its their duties.
4 (Source: P.A. 102-538, eff. 8-20-21; 103-34, eff. 1-1-24.)
5 (20 ILCS 2605/2605-200) (was 20 ILCS 2605/55a in part)
6 Sec. 2605-200. Investigations of crime; enforcement of
7 laws; records; crime laboratories; personnel.
8 (a) To do the following:
9 (1) Investigate the origins, activities, personnel,
10 and incidents of crime and the ways and means to redress
11 the victims of crimes; study the impact, if any, of
12 legislation relative to the effusion of crime and growing
13 crime rates; and enforce the criminal laws of this State
14 related thereto.
15 (2) Enforce all laws regulating the production, sale,
16 prescribing, manufacturing, administering, transporting,
17 having in possession, dispensing, delivering,
18 distributing, or use of controlled substances and
19 cannabis.
20 (3) Employ skilled experts, scientists, technicians,
21 investigators, or otherwise specially qualified persons to
22 aid in preventing or detecting crime, apprehending
23 criminals, or preparing and presenting evidence of
24 violations of the criminal laws of the State.
25 (4) Cooperate with the police of cities, villages, and
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1 incorporated towns and with the police officers of any
2 county in enforcing the laws of the State and in making
3 arrests and recovering property.
4 (5) Apprehend and deliver up any person charged in
5 this State or any other state of the United States with
6 treason or a felony or other crime who has fled from
7 justice and is found in this State.
8 (6) Conduct other investigations as provided by law.
9 (7) Be a central repository and custodian of criminal
10 statistics for the State.
11 (8) Be a central repository for criminal history
12 record information.
13 (9) Procure and file for record information that is
14 necessary and helpful to plan programs of crime
15 prevention, law enforcement, and criminal justice.
16 (10) Procure and file for record copies of
17 fingerprints that may be required by law.
18 (11) Establish general and field crime laboratories.
19 (12) Register and file for record information that may
20 be required by law for the issuance of firearm owner's
21 identification cards under the Firearm Owners
22 Identification Card Act and concealed carry licenses under
23 the Firearm Concealed Carry Act.
24 (13) Employ laboratory technicians and other specially
25 qualified persons to aid in the identification of criminal
26 activity and the identification, collection, and recovery
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1 of cyber forensics, including, but not limited to, digital
2 evidence, and may employ polygraph operators and forensic
3 anthropologists.
4 (14) Undertake other identification, information,
5 laboratory, statistical, or registration activities that
6 may be required by law.
7 (b) Persons exercising the powers set forth in subsection
8 (a) within the Illinois State Police are conservators of the
9 peace and as such have all the powers possessed by policemen in
10 cities and sheriffs, except that they may exercise those
11 powers anywhere in the State in cooperation with and after
12 contact with the local law enforcement officials. Those
13 persons may use false or fictitious names in the performance
14 of their duties under this Section, upon approval of the
15 Director, and shall not be subject to prosecution under the
16 criminal laws for that use.
17 (Source: P.A. 102-538, eff. 8-20-21; 103-34, eff. 1-1-24.)
18 (20 ILCS 2605/2605-595)
19 Sec. 2605-595. State Police Firearm Services Fund.
20 (a) There is created in the State treasury a special fund
21 known as the State Police Firearm Services Fund. The Fund
22 shall receive revenue under the Firearm Concealed Carry Act,
23 the Firearm Dealer License Certification Act, and Section 5 of
24 the Firearm Owners Identification Card Act. The Fund may also
25 receive revenue from grants, pass-through grants, donations,
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1 appropriations, and any other legal source.
2 (a-5) (Blank).
3 (b) The Illinois State Police may use moneys in the Fund to
4 finance any of its lawful purposes, mandates, functions, and
5 duties under the Firearm Owners Identification Card Act, the
6 Firearm Dealer License Certification Act, and the Firearm
7 Concealed Carry Act, including the cost of sending notices of
8 expiration of Firearm Owner's Identification Cards, concealed
9 carry licenses, the prompt and efficient processing of
10 applications under the Firearm Owners Identification Card Act
11 and the Firearm Concealed Carry Act, the improved efficiency
12 and reporting of the LEADS and federal NICS law enforcement
13 data systems, and support for investigations required under
14 that Act these Acts and law. Any surplus funds beyond what is
15 needed to comply with the aforementioned purposes shall be
16 used by the Illinois State Police to improve the Law
17 Enforcement Agencies Data System (LEADS) and criminal history
18 background check system.
19 (c) Investment income that is attributable to the
20 investment of moneys in the Fund shall be retained in the Fund
21 for the uses specified in this Section.
22 (Source: P.A. 102-505, eff. 8-20-21; 102-538, eff. 8-20-21;
23 103-363, eff. 7-28-23.)
24 (20 ILCS 2605/2605-605)
25 Sec. 2605-605. Violent Crime Intelligence Task Force. The
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1 Director of the Illinois State Police shall establish a
2 statewide multi-jurisdictional Violent Crime Intelligence Task
3 Force led by the Illinois State Police dedicated to combating
4 gun violence, gun-trafficking, and other violent crime with
5 the primary mission of preservation of life and reducing the
6 occurrence and the fear of crime. The objectives of the Task
7 Force shall include, but not be limited to, reducing and
8 preventing illegal possession and use of firearms,
9 firearm-related homicides, and other violent crimes, and
10 solving firearm-related crimes.
11 (1) The Task Force may develop and acquire information,
12 training, tools, and resources necessary to implement a
13 data-driven approach to policing, with an emphasis on
14 intelligence development.
15 (2) The Task Force may utilize information sharing,
16 partnerships, crime analysis, and evidence-based practices to
17 assist in the reduction of firearm-related shootings,
18 homicides, and gun-trafficking, including, but not limited to,
19 ballistic data, eTrace data, DNA evidence, latent
20 fingerprints, firearm training data, and National Integrated
21 Ballistic Information Network (NIBIN) data. The Task Force may
22 design a model crime gun intelligence strategy which may
23 include, but is not limited to, comprehensive collection and
24 documentation of all ballistic evidence, timely transfer of
25 NIBIN and eTrace leads to an intelligence center, which may
26 include the Division of Criminal Investigation of the Illinois
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1 State Police, timely dissemination of intelligence to
2 investigators, investigative follow-up, and coordinated
3 prosecution.
4 (3) The Task Force may recognize and utilize best
5 practices of community policing and may develop potential
6 partnerships with faith-based and community organizations to
7 achieve its goals.
8 (4) The Task Force may identify and utilize best practices
9 in drug-diversion programs and other community-based services
10 to redirect low-level offenders.
11 (5) The Task Force may assist in violence suppression
12 strategies including, but not limited to, details in
13 identified locations that have shown to be the most prone to
14 gun violence and violent crime, focused deterrence against
15 violent gangs and groups considered responsible for the
16 violence in communities, and other intelligence driven methods
17 deemed necessary to interrupt cycles of violence or prevent
18 retaliation.
19 (6) In consultation with the Chief Procurement Officer,
20 the Illinois State Police may obtain contracts for software,
21 commodities, resources, and equipment to assist the Task Force
22 with achieving this Act. Any contracts necessary to support
23 the delivery of necessary software, commodities, resources,
24 and equipment are not subject to the Illinois Procurement
25 Code, except for Sections 20-60, 20-65, 20-70, and 20-160 and
26 Article 50 of that Code, provided that the Chief Procurement
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1 Officer may, in writing with justification, waive any
2 certification required under Article 50 of the Illinois
3 Procurement Code.
4 (7) The Task Force shall conduct enforcement operations
5 against persons whose Firearm Owner's Identification Cards
6 have been revoked or suspended and persons who fail to comply
7 with the requirements of Section 9.5 of the Firearm Owners
8 Identification Card Act, prioritizing individuals presenting a
9 clear and present danger to themselves or to others under
10 paragraph (2) of subsection (d) of Section 8.1 of the Firearm
11 Owners Identification Card Act.
12 (8) The Task Force shall collaborate with local law
13 enforcement agencies to enforce provisions of the Firearm
14 Owners Identification Card Act, the Firearm Concealed Carry
15 Act, the Firearm Dealer License Certification Act, and Article
16 24 of the Criminal Code of 2012.
17 (9) To implement this Section, the Director of the
18 Illinois State Police may establish intergovernmental
19 agreements with law enforcement agencies in accordance with
20 the Intergovernmental Cooperation Act.
21 (10) Law enforcement agencies that participate in
22 activities described in paragraphs (7) through (9) may apply
23 to the Illinois State Police for grants from the State Police
24 Firearm Enforcement Fund.
25 (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
26 102-813, eff. 5-13-22; 103-609, eff. 7-1-24.)
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1 Section 35. The Illinois Criminal Justice Information Act
2 is amended by changing Section 7.9 as follows:
3 (20 ILCS 3930/7.9)
4 (Section scheduled to be repealed on July 1, 2027)
5 Sec. 7.9. Firearm Prohibitors and Records Improvement Task
6 Force.
7 (a) As used in this Section, "firearms prohibitor" means
8 any factor listed in Section 4 of the Firearm Owners
9 Identification Card Act or Section 24-3 or 24-3.1 of the
10 Criminal Code of 2012 that prohibits a person from
11 transferring or possessing a firearm, firearm ammunition, or
12 Firearm Owner's Identification Card, or concealed carry
13 license.
14 (b) The Firearm Prohibitors and Records Improvement Task
15 Force is created to identify and research all available
16 grants, resources, and revenue that may be applied for and
17 used by all entities responsible for reporting federal and
18 State firearm prohibitors to the Illinois State Police and the
19 National Instant Criminal Background Check System. Under the
20 Firearm Owners Identification Card Act, these reporting
21 entities include, but are not limited to, hospitals, courts,
22 law enforcement and corrections. The Task Force shall identify
23 weaknesses in reporting and recommend a strategy to direct
24 resources and revenue to ensuring reporting is reliable,
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1 accurate, and timely. The Task Force shall inventory all
2 statutorily mandated firearm and gun violence related data
3 collection and reporting requirements, along with the agency
4 responsible for collecting that data, and identify gaps in
5 those requirements. The Task Force shall submit a coordinated
6 application with and through the Illinois Criminal Justice
7 Information Authority for federal funds from the National
8 Criminal History Improvement Program and the NICS Acts Record
9 Improvement Program. The Firearm Prohibitors and Records
10 Improvement Task Force shall be comprised of the following
11 members, all of whom shall serve without compensation:
12 (1) the Executive Director of the Illinois Criminal
13 Justice Information Authority, who shall serve as Chair;
14 (2) the Director of the Illinois State Police, or his
15 or her designee;
16 (3) the Secretary of Human Services, or his or her
17 designee;
18 (4) the Director of Corrections, or his or her
19 designee;
20 (5) the Attorney General, or his or her designee;
21 (6) the Director of the Administrative Office of the
22 Illinois Courts, or his or her designee;
23 (7) a representative of an association representing
24 circuit clerks appointed by the President of the Senate;
25 (8) a representative of an association representing
26 sheriffs appointed by the House Minority Leader;
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1 (9) a representative of an association representing
2 State's Attorneys appointed by the House Minority Leader;
3 (10) a representative of an association representing
4 chiefs of police appointed by the Senate Minority Leader;
5 (11) a representative of an association representing
6 hospitals appointed by the Speaker of the House of
7 Representatives;
8 (12) a representative of an association representing
9 counties appointed by the President of the Senate; and
10 (13) a representative of an association representing
11 municipalities appointed by the Speaker of the House of
12 Representatives.
13 (c) The Illinois Criminal Justice Information Authority
14 shall provide administrative and other support to the Task
15 Force. The Illinois State Police Division of Justice Services
16 shall also provide support to the Illinois Criminal Justice
17 Information Authority and the Task Force.
18 (d) The Task Force may meet in person or virtually and
19 shall issue a written report of its findings and
20 recommendations to General Assembly on or before July 1, 2022.
21 The Task Force shall issue an annual report, which shall
22 include information on the state of FOID data, including a
23 review of previous activity by the Task Force to close
24 previously identified gaps; identifying known (or new) gaps; a
25 proposal of policy and practice recommendations to close those
26 gaps; and a preview of expected activities of the Task Force
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1 for the coming year.
2 (e) Within 60 days of the effective date of this
3 amendatory Act of the 102nd General Assembly, the Chair shall
4 establish the Task Force.
5 (f) This Section is repealed on July 1, 2027.
6 (Source: P.A. 102-237, eff. 1-1-22.)
7 Section 40. The State Finance Act is amended by changing
8 Sections 6z-99 and 6z-127 as follows:
9 (30 ILCS 105/6z-99)
10 Sec. 6z-99. The Mental Health Reporting Fund.
11 (a) There is created in the State treasury a special fund
12 known as the Mental Health Reporting Fund. The Fund shall
13 receive revenue under the Firearm Concealed Carry Act. The
14 Fund may also receive revenue from grants, pass-through
15 grants, donations, appropriations, and any other legal source.
16 (b) The Illinois State Police and Department of Human
17 Services shall coordinate to use moneys in the Fund to finance
18 their respective duties of collecting and reporting data on
19 mental health records and ensuring that mental health firearm
20 possession prohibitors are enforced as set forth under the
21 Firearm Concealed Carry Act and the Firearm Owners
22 Identification Card Act. Any surplus in the Fund beyond what
23 is necessary to ensure compliance with mental health reporting
24 under that Act these Acts shall be used by the Department of
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1 Human Services for mental health treatment programs as
2 follows: (1) 50% shall be used to fund community-based mental
3 health programs aimed at reducing gun violence, community
4 integration and education, or mental health awareness and
5 prevention, including administrative costs; and (2) 50% shall
6 be used to award grants that use and promote the National
7 School Mental Health Curriculum model for school-based mental
8 health support, integration, and services.
9 (c) Investment income that is attributable to the
10 investment of moneys in the Fund shall be retained in the Fund
11 for the uses specified in this Section.
12 (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
13 102-813, eff. 5-13-22.)
14 (30 ILCS 105/6z-127)
15 Sec. 6z-127. State Police Firearm Enforcement Fund.
16 (a) The State Police Firearm Enforcement Fund is
17 established as a special fund in the State treasury. This Fund
18 is established to receive moneys from the Firearm Owners
19 Identification Card Act to enforce that Act, the Firearm
20 Concealed Carry Act, Article 24 of the Criminal Code of 2012,
21 and other firearm offenses. The Fund may also receive revenue
22 from grants, donations, appropriations, and any other legal
23 source.
24 (b) The Illinois State Police may use moneys from the Fund
25 to establish task forces and, if necessary, include other law
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1 enforcement agencies, under intergovernmental contracts
2 written and executed in conformity with the Intergovernmental
3 Cooperation Act.
4 (c) The Illinois State Police may use moneys in the Fund to
5 hire and train State Police officers and for the prevention of
6 violent crime.
7 (d) The State Police Firearm Enforcement Fund is not
8 subject to administrative chargebacks.
9 (e) Law enforcement agencies that participate in Firearm
10 Owner's Identification Card revocation enforcement in the
11 Violent Crime Intelligence Task Force may apply for grants
12 from the Illinois State Police.
13 (f) Any surplus in the Fund beyond what is necessary to
14 ensure compliance with subsections (a) through (e) or moneys
15 that are specifically appropriated for those purposes shall be
16 used by the Illinois State Police to award grants to assist
17 with the data reporting requirements of the Gun Trafficking
18 Information Act.
19 (Source: P.A. 102-237, eff. 1-1-22; 102-813, eff. 5-13-22;
20 103-34, eff. 6-9-23; 103-609, eff. 7-1-24.)
21 Section 43. The Illinois Procurement Code is amended by
22 changing Section 1-10 as follows:
23 (30 ILCS 500/1-10)
24 Sec. 1-10. Application.
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1 (a) This Code applies only to procurements for which
2 bidders, offerors, potential contractors, or contractors were
3 first solicited on or after July 1, 1998. This Code shall not
4 be construed to affect or impair any contract, or any
5 provision of a contract, entered into based on a solicitation
6 prior to the implementation date of this Code as described in
7 Article 99, including, but not limited to, any covenant
8 entered into with respect to any revenue bonds or similar
9 instruments. All procurements for which contracts are
10 solicited between the effective date of Articles 50 and 99 and
11 July 1, 1998 shall be substantially in accordance with this
12 Code and its intent.
13 (b) This Code shall apply regardless of the source of the
14 funds with which the contracts are paid, including federal
15 assistance moneys. This Code shall not apply to:
16 (1) Contracts between the State and its political
17 subdivisions or other governments, or between State
18 governmental bodies, except as specifically provided in
19 this Code.
20 (2) Grants, except for the filing requirements of
21 Section 20-80.
22 (3) Purchase of care, except as provided in Section
23 5-30.6 of the Illinois Public Aid Code and this Section.
24 (4) Hiring of an individual as an employee and not as
25 an independent contractor, whether pursuant to an
26 employment code or policy or by contract directly with
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1 that individual.
2 (5) Collective bargaining contracts.
3 (6) Purchase of real estate, except that notice of
4 this type of contract with a value of more than $25,000
5 must be published in the Procurement Bulletin within 10
6 calendar days after the deed is recorded in the county of
7 jurisdiction. The notice shall identify the real estate
8 purchased, the names of all parties to the contract, the
9 value of the contract, and the effective date of the
10 contract.
11 (7) Contracts necessary to prepare for anticipated
12 litigation, enforcement actions, or investigations,
13 provided that the chief legal counsel to the Governor
14 shall give his or her prior approval when the procuring
15 agency is one subject to the jurisdiction of the Governor,
16 and provided that the chief legal counsel of any other
17 procuring entity subject to this Code shall give his or
18 her prior approval when the procuring entity is not one
19 subject to the jurisdiction of the Governor.
20 (8) (Blank).
21 (9) Procurement expenditures by the Illinois
22 Conservation Foundation when only private funds are used.
23 (10) (Blank).
24 (11) Public-private agreements entered into according
25 to the procurement requirements of Section 20 of the
26 Public-Private Partnerships for Transportation Act and
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1 design-build agreements entered into according to the
2 procurement requirements of Section 25 of the
3 Public-Private Partnerships for Transportation Act.
4 (12) (A) Contracts for legal, financial, and other
5 professional and artistic services entered into by the
6 Illinois Finance Authority in which the State of Illinois
7 is not obligated. Such contracts shall be awarded through
8 a competitive process authorized by the members of the
9 Illinois Finance Authority and are subject to Sections
10 5-30, 20-160, 50-13, 50-20, 50-35, and 50-37 of this Code,
11 as well as the final approval by the members of the
12 Illinois Finance Authority of the terms of the contract.
13 (B) Contracts for legal and financial services entered
14 into by the Illinois Housing Development Authority in
15 connection with the issuance of bonds in which the State
16 of Illinois is not obligated. Such contracts shall be
17 awarded through a competitive process authorized by the
18 members of the Illinois Housing Development Authority and
19 are subject to Sections 5-30, 20-160, 50-13, 50-20, 50-35,
20 and 50-37 of this Code, as well as the final approval by
21 the members of the Illinois Housing Development Authority
22 of the terms of the contract.
23 (13) Contracts for services, commodities, and
24 equipment to support the delivery of timely forensic
25 science services in consultation with and subject to the
26 approval of the Chief Procurement Officer as provided in
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1 subsection (d) of Section 5-4-3a of the Unified Code of
2 Corrections, except for the requirements of Sections
3 20-60, 20-65, 20-70, and 20-160 and Article 50 of this
4 Code; however, the Chief Procurement Officer may, in
5 writing with justification, waive any certification
6 required under Article 50 of this Code. For any contracts
7 for services which are currently provided by members of a
8 collective bargaining agreement, the applicable terms of
9 the collective bargaining agreement concerning
10 subcontracting shall be followed.
11 On and after January 1, 2019, this paragraph (13),
12 except for this sentence, is inoperative.
13 (14) Contracts for participation expenditures required
14 by a domestic or international trade show or exhibition of
15 an exhibitor, member, or sponsor.
16 (15) Contracts with a railroad or utility that
17 requires the State to reimburse the railroad or utilities
18 for the relocation of utilities for construction or other
19 public purpose. Contracts included within this paragraph
20 (15) shall include, but not be limited to, those
21 associated with: relocations, crossings, installations,
22 and maintenance. For the purposes of this paragraph (15),
23 "railroad" means any form of non-highway ground
24 transportation that runs on rails or electromagnetic
25 guideways and "utility" means: (1) public utilities as
26 defined in Section 3-105 of the Public Utilities Act, (2)
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1 telecommunications carriers as defined in Section 13-202
2 of the Public Utilities Act, (3) electric cooperatives as
3 defined in Section 3.4 of the Electric Supplier Act, (4)
4 telephone or telecommunications cooperatives as defined in
5 Section 13-212 of the Public Utilities Act, (5) rural
6 water or waste water systems with 10,000 connections or
7 less, (6) a holder as defined in Section 21-201 of the
8 Public Utilities Act, and (7) municipalities owning or
9 operating utility systems consisting of public utilities
10 as that term is defined in Section 11-117-2 of the
11 Illinois Municipal Code.
12 (16) Procurement expenditures necessary for the
13 Department of Public Health to provide the delivery of
14 timely newborn screening services in accordance with the
15 Newborn Metabolic Screening Act.
16 (17) Procurement expenditures necessary for the
17 Department of Agriculture, the Department of Financial and
18 Professional Regulation, the Department of Human Services,
19 and the Department of Public Health to implement the
20 Compassionate Use of Medical Cannabis Program and Opioid
21 Alternative Pilot Program requirements and ensure access
22 to medical cannabis for patients with debilitating medical
23 conditions in accordance with the Compassionate Use of
24 Medical Cannabis Program Act.
25 (18) This Code does not apply to any procurements
26 necessary for the Department of Agriculture, the
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1 Department of Financial and Professional Regulation, the
2 Department of Human Services, the Department of Commerce
3 and Economic Opportunity, and the Department of Public
4 Health to implement the Cannabis Regulation and Tax Act if
5 the applicable agency has made a good faith determination
6 that it is necessary and appropriate for the expenditure
7 to fall within this exemption and if the process is
8 conducted in a manner substantially in accordance with the
9 requirements of Sections 20-160, 25-60, 30-22, 50-5,
10 50-10, 50-10.5, 50-12, 50-13, 50-15, 50-20, 50-21, 50-35,
11 50-36, 50-37, 50-38, and 50-50 of this Code; however, for
12 Section 50-35, compliance applies only to contracts or
13 subcontracts over $100,000. Notice of each contract
14 entered into under this paragraph (18) that is related to
15 the procurement of goods and services identified in
16 paragraph (1) through (9) of this subsection shall be
17 published in the Procurement Bulletin within 14 calendar
18 days after contract execution. The Chief Procurement
19 Officer shall prescribe the form and content of the
20 notice. Each agency shall provide the Chief Procurement
21 Officer, on a monthly basis, in the form and content
22 prescribed by the Chief Procurement Officer, a report of
23 contracts that are related to the procurement of goods and
24 services identified in this subsection. At a minimum, this
25 report shall include the name of the contractor, a
26 description of the supply or service provided, the total
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1 amount of the contract, the term of the contract, and the
2 exception to this Code utilized. A copy of any or all of
3 these contracts shall be made available to the Chief
4 Procurement Officer immediately upon request. The Chief
5 Procurement Officer shall submit a report to the Governor
6 and General Assembly no later than November 1 of each year
7 that includes, at a minimum, an annual summary of the
8 monthly information reported to the Chief Procurement
9 Officer. This exemption becomes inoperative 5 years after
10 June 25, 2019 (the effective date of Public Act 101-27).
11 (19) Acquisition of modifications or adjustments,
12 limited to assistive technology devices and assistive
13 technology services, adaptive equipment, repairs, and
14 replacement parts to provide reasonable accommodations (i)
15 that enable a qualified applicant with a disability to
16 complete the job application process and be considered for
17 the position such qualified applicant desires, (ii) that
18 modify or adjust the work environment to enable a
19 qualified current employee with a disability to perform
20 the essential functions of the position held by that
21 employee, (iii) to enable a qualified current employee
22 with a disability to enjoy equal benefits and privileges
23 of employment as are enjoyed by other similarly situated
24 employees without disabilities, and (iv) that allow a
25 customer, client, claimant, or member of the public
26 seeking State services full use and enjoyment of and
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1 access to its programs, services, or benefits.
2 For purposes of this paragraph (19):
3 "Assistive technology devices" means any item, piece
4 of equipment, or product system, whether acquired
5 commercially off the shelf, modified, or customized, that
6 is used to increase, maintain, or improve functional
7 capabilities of individuals with disabilities.
8 "Assistive technology services" means any service that
9 directly assists an individual with a disability in
10 selection, acquisition, or use of an assistive technology
11 device.
12 "Qualified" has the same meaning and use as provided
13 under the federal Americans with Disabilities Act when
14 describing an individual with a disability.
15 (20) Procurement expenditures necessary for the
16 Illinois Commerce Commission to hire third-party
17 facilitators pursuant to Sections 16-105.17 and 16-108.18
18 of the Public Utilities Act or an ombudsman pursuant to
19 Section 16-107.5 of the Public Utilities Act, a
20 facilitator pursuant to Section 16-105.17 of the Public
21 Utilities Act, or a grid auditor pursuant to Section
22 16-105.10 of the Public Utilities Act.
23 (21) Procurement expenditures for the purchase,
24 renewal, and expansion of software, software licenses, or
25 software maintenance agreements that support the efforts
26 of the Illinois State Police to enforce, regulate, and
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1 administer the Firearm Owners Identification Card Act, the
2 Firearm Concealed Carry Act, the Firearms Restraining
3 Order Act, the Firearm Dealer License Certification Act,
4 the Law Enforcement Agencies Data System (LEADS), the
5 Uniform Crime Reporting Act, the Criminal Identification
6 Act, the Illinois Uniform Conviction Information Act, and
7 the Gun Trafficking Information Act, or establish or
8 maintain record management systems necessary to conduct
9 human trafficking investigations or gun trafficking or
10 other stolen firearm investigations. This paragraph (21)
11 applies to contracts entered into on or after January 10,
12 2023 (the effective date of Public Act 102-1116) and the
13 renewal of contracts that are in effect on January 10,
14 2023 (the effective date of Public Act 102-1116).
15 (22) Contracts for project management services and
16 system integration services required for the completion of
17 the State's enterprise resource planning project. This
18 exemption becomes inoperative 5 years after June 7, 2023
19 (the effective date of the changes made to this Section by
20 Public Act 103-8). This paragraph (22) applies to
21 contracts entered into on or after June 7, 2023 (the
22 effective date of the changes made to this Section by
23 Public Act 103-8) and the renewal of contracts that are in
24 effect on June 7, 2023 (the effective date of the changes
25 made to this Section by Public Act 103-8).
26 (23) Procurements necessary for the Department of
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1 Insurance to implement the Illinois Health Benefits
2 Exchange Law if the Department of Insurance has made a
3 good faith determination that it is necessary and
4 appropriate for the expenditure to fall within this
5 exemption. The procurement process shall be conducted in a
6 manner substantially in accordance with the requirements
7 of Sections 20-160 and 25-60 and Article 50 of this Code. A
8 copy of these contracts shall be made available to the
9 Chief Procurement Officer immediately upon request. This
10 paragraph is inoperative 5 years after June 27, 2023 (the
11 effective date of Public Act 103-103).
12 (24) Contracts for public education programming,
13 noncommercial sustaining announcements, public service
14 announcements, and public awareness and education
15 messaging with the nonprofit trade associations of the
16 providers of those services that inform the public on
17 immediate and ongoing health and safety risks and hazards.
18 (25) Procurements necessary for the Department of
19 Early Childhood to implement the Department of Early
20 Childhood Act if the Department has made a good faith
21 determination that it is necessary and appropriate for the
22 expenditure to fall within this exemption. This exemption
23 shall only be used for products and services procured
24 solely for use by the Department of Early Childhood. The
25 procurements may include those necessary to design and
26 build integrated, operational systems of programs and
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1 services. The procurements may include, but are not
2 limited to, those necessary to align and update program
3 standards, integrate funding systems, design and establish
4 data and reporting systems, align and update models for
5 technical assistance and professional development, design
6 systems to manage grants and ensure compliance, design and
7 implement management and operational structures, and
8 establish new means of engaging with families, educators,
9 providers, and stakeholders. The procurement processes
10 shall be conducted in a manner substantially in accordance
11 with the requirements of Article 50 (ethics) and Sections
12 5-5 (Procurement Policy Board), 5-7 (Commission on Equity
13 and Inclusion), 20-80 (contract files), 20-120
14 (subcontractors), 20-155 (paperwork), 20-160
15 (ethics/campaign contribution prohibitions), 25-60
16 (prevailing wage), and 25-90 (prohibited and authorized
17 cybersecurity) of this Code. Beginning January 1, 2025,
18 the Department of Early Childhood shall provide a
19 quarterly report to the General Assembly detailing a list
20 of expenditures and contracts for which the Department
21 uses this exemption. This paragraph is inoperative on and
22 after July 1, 2027.
23 (26) (25) Procurements that are necessary for
24 increasing the recruitment and retention of State
25 employees, particularly minority candidates for
26 employment, including:
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1 (A) procurements related to registration fees for
2 job fairs and other outreach and recruitment events;
3 (B) production of recruitment materials; and
4 (C) other services related to recruitment and
5 retention of State employees.
6 The exemption under this paragraph (26) (25) applies
7 only if the State agency has made a good faith
8 determination that it is necessary and appropriate for the
9 expenditure to fall within this paragraph (26) (25). The
10 procurement process under this paragraph (26) (25) shall
11 be conducted in a manner substantially in accordance with
12 the requirements of Sections 20-160 and 25-60 and Article
13 50 of this Code. A copy of these contracts shall be made
14 available to the Chief Procurement Officer immediately
15 upon request. Nothing in this paragraph (26) (25)
16 authorizes the replacement or diminishment of State
17 responsibilities in hiring or the positions that
18 effectuate that hiring. This paragraph (26) (25) is
19 inoperative on and after June 30, 2029.
20 Notwithstanding any other provision of law, for contracts
21 with an annual value of more than $100,000 entered into on or
22 after October 1, 2017 under an exemption provided in any
23 paragraph of this subsection (b), except paragraph (1), (2),
24 or (5), each State agency shall post to the appropriate
25 procurement bulletin the name of the contractor, a description
26 of the supply or service provided, the total amount of the
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1 contract, the term of the contract, and the exception to the
2 Code utilized. The chief procurement officer shall submit a
3 report to the Governor and General Assembly no later than
4 November 1 of each year that shall include, at a minimum, an
5 annual summary of the monthly information reported to the
6 chief procurement officer.
7 (c) This Code does not apply to the electric power
8 procurement process provided for under Section 1-75 of the
9 Illinois Power Agency Act and Section 16-111.5 of the Public
10 Utilities Act. This Code does not apply to the procurement of
11 technical and policy experts pursuant to Section 1-129 of the
12 Illinois Power Agency Act.
13 (d) Except for Section 20-160 and Article 50 of this Code,
14 and as expressly required by Section 9.1 of the Illinois
15 Lottery Law, the provisions of this Code do not apply to the
16 procurement process provided for under Section 9.1 of the
17 Illinois Lottery Law.
18 (e) This Code does not apply to the process used by the
19 Capital Development Board to retain a person or entity to
20 assist the Capital Development Board with its duties related
21 to the determination of costs of a clean coal SNG brownfield
22 facility, as defined by Section 1-10 of the Illinois Power
23 Agency Act, as required in subsection (h-3) of Section 9-220
24 of the Public Utilities Act, including calculating the range
25 of capital costs, the range of operating and maintenance
26 costs, or the sequestration costs or monitoring the
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1 construction of clean coal SNG brownfield facility for the
2 full duration of construction.
3 (f) (Blank).
4 (g) (Blank).
5 (h) This Code does not apply to the process to procure or
6 contracts entered into in accordance with Sections 11-5.2 and
7 11-5.3 of the Illinois Public Aid Code.
8 (i) Each chief procurement officer may access records
9 necessary to review whether a contract, purchase, or other
10 expenditure is or is not subject to the provisions of this
11 Code, unless such records would be subject to attorney-client
12 privilege.
13 (j) This Code does not apply to the process used by the
14 Capital Development Board to retain an artist or work or works
15 of art as required in Section 14 of the Capital Development
16 Board Act.
17 (k) This Code does not apply to the process to procure
18 contracts, or contracts entered into, by the State Board of
19 Elections or the State Electoral Board for hearing officers
20 appointed pursuant to the Election Code.
21 (l) This Code does not apply to the processes used by the
22 Illinois Student Assistance Commission to procure supplies and
23 services paid for from the private funds of the Illinois
24 Prepaid Tuition Fund. As used in this subsection (l), "private
25 funds" means funds derived from deposits paid into the
26 Illinois Prepaid Tuition Trust Fund and the earnings thereon.
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1 (m) This Code shall apply regardless of the source of
2 funds with which contracts are paid, including federal
3 assistance moneys. Except as specifically provided in this
4 Code, this Code shall not apply to procurement expenditures
5 necessary for the Department of Public Health to conduct the
6 Healthy Illinois Survey in accordance with Section 2310-431 of
7 the Department of Public Health Powers and Duties Law of the
8 Civil Administrative Code of Illinois.
9 (Source: P.A. 102-175, eff. 7-29-21; 102-483, eff 1-1-22;
10 102-558, eff. 8-20-21; 102-600, eff. 8-27-21; 102-662, eff.
11 9-15-21; 102-721, eff. 1-1-23; 102-813, eff. 5-13-22;
12 102-1116, eff. 1-10-23; 103-8, eff. 6-7-23; 103-103, eff.
13 6-27-23; 103-570, eff. 1-1-24; 103-580, eff. 12-8-23; 103-594,
14 eff. 6-25-24; 103-605, eff. 7-1-24; 103-865, eff. 1-1-25;
15 revised 11-26-24.)
16 Section 45. The Liquor Control Act of 1934 is amended by
17 changing Section 10-1 as follows:
18 (235 ILCS 5/10-1) (from Ch. 43, par. 183)
19 Sec. 10-1. Violations; penalties. Whereas a substantial
20 threat to the sound and careful control, regulation, and
21 taxation of the manufacture, sale, and distribution of
22 alcoholic liquors exists by virtue of individuals who
23 manufacture, import, distribute, or sell alcoholic liquors
24 within the State without having first obtained a valid license
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1 to do so, and whereas such threat is especially serious along
2 the borders of this State, and whereas such threat requires
3 immediate correction by this Act, by active investigation and
4 prosecution by the State Commission, law enforcement
5 officials, and prosecutors, and by prompt and strict
6 enforcement through the courts of this State to punish
7 violators and to deter such conduct in the future:
8 (a) Any person who manufactures, imports for distribution
9 or use, transports from outside this State into this State, or
10 distributes or sells 108 liters (28.53 gallons) or more of
11 wine, 45 liters (11.88 gallons) or more of distilled spirits,
12 or 118 liters (31.17 gallons) or more of beer at any place
13 within the State without having first obtained a valid license
14 to do so under the provisions of this Act shall be guilty of a
15 Class 4 felony for each offense. However, any person who was
16 duly licensed under this Act and whose license expired within
17 30 days prior to a violation shall be guilty of a business
18 offense and fined not more than $1,000 for the first such
19 offense and shall be guilty of a Class 4 felony for each
20 subsequent offense.
21 Any person who manufactures, imports for distribution,
22 transports from outside this State into this State for sale or
23 resale in this State, or distributes or sells less than 108
24 liters (28.53 gallons) of wine, less than 45 liters (11.88
25 gallons) of distilled spirits, or less than 118 liters (31.17
26 gallons) of beer at any place within the State without having
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1 first obtained a valid license to do so under the provisions of
2 this Act shall be guilty of a business offense and fined not
3 more than $1,000 for the first such offense and shall be guilty
4 of a Class 4 felony for each subsequent offense. This
5 subsection does not apply to a motor carrier or freight
6 forwarder, as defined in Section 13102 of Title 49 of the
7 United States Code, an air carrier, as defined in Section
8 40102 of Title 49 of the United States Code, or a rail carrier,
9 as defined in Section 10102 of Title 49 of the United States
10 Code.
11 Any person who: (1) has been issued an initial cease and
12 desist notice from the State Commission; and (2) for
13 compensation, does any of the following: (i) ships alcoholic
14 liquor into this State without a license authorized by Section
15 5-1 issued by the State Commission or in violation of that
16 license; or (ii) manufactures, imports for distribution,
17 transports from outside this State into this State for sale or
18 resale in this State, or distributes or sells alcoholic
19 liquors at any place without having first obtained a valid
20 license to do so is guilty of a Class 4 felony for each
21 offense.
22 (b) (1) Any retailer, caterer retailer, brew pub, special
23 event retailer, special use permit holder, homebrewer special
24 event permit holder, or craft distiller tasting permit holder
25 who knowingly causes alcoholic liquors to be imported directly
26 into the State of Illinois from outside of the State for the
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1 purpose of furnishing, giving, or selling to another, except
2 when having received the product from a duly licensed
3 distributor or importing distributor, shall have his license
4 suspended for 30 days for the first offense and for the second
5 offense, shall have his license revoked by the Commission.
6 (2) In the event the State Commission receives a certified
7 copy of a final order from a foreign jurisdiction that an
8 Illinois retail licensee has been found to have violated that
9 foreign jurisdiction's laws, rules, or regulations concerning
10 the importation of alcoholic liquor into that foreign
11 jurisdiction, the violation may be grounds for the State
12 Commission to revoke, suspend, or refuse to issue or renew a
13 license, to impose a fine, or to take any additional action
14 provided by this Act with respect to the Illinois retail
15 license or licensee. Any such action on the part of the State
16 Commission shall be in accordance with this Act and
17 implementing rules.
18 For the purposes of paragraph (2): (i) "foreign
19 jurisdiction" means a state, territory, or possession of the
20 United States, the District of Columbia, or the Commonwealth
21 of Puerto Rico, and (ii) "final order" means an order or
22 judgment of a court or administrative body that determines the
23 rights of the parties respecting the subject matter of the
24 proceeding, that remains in full force and effect, and from
25 which no appeal can be taken.
26 (c) Any person who shall make any false statement or
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1 otherwise violates any of the provisions of this Act in
2 obtaining any license hereunder, or who having obtained a
3 license hereunder shall violate any of the provisions of this
4 Act with respect to the manufacture, possession, distribution
5 or sale of alcoholic liquor, or with respect to the
6 maintenance of the licensed premises, or shall violate any
7 other provision of this Act, shall for a first offense be
8 guilty of a petty offense and fined not more than $500, and for
9 a second or subsequent offense shall be guilty of a Class B
10 misdemeanor.
11 (c-5) (Blank). Any owner of an establishment that serves
12 alcohol on its premises, if more than 50% of the
13 establishment's gross receipts within the prior 3 months is
14 from the sale of alcohol, who knowingly fails to prohibit
15 concealed firearms on its premises or who knowingly makes a
16 false statement or record to avoid the prohibition of
17 concealed firearms on its premises under the Firearm Concealed
18 Carry Act shall be guilty of a business offense with a fine up
19 to $5,000.
20 (d) Each day any person engages in business as a
21 manufacturer, foreign importer, importing distributor,
22 distributor or retailer in violation of the provisions of this
23 Act shall constitute a separate offense.
24 (e) Any person, under the age of 21 years who, for the
25 purpose of buying, accepting or receiving alcoholic liquor
26 from a licensee, represents that he is 21 years of age or over
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1 shall be guilty of a Class A misdemeanor.
2 (f) In addition to the penalties herein provided, any
3 person licensed as a wine-maker in either class who
4 manufactures more wine than authorized by his license shall be
5 guilty of a business offense and shall be fined $1 for each
6 gallon so manufactured.
7 (g) A person shall be exempt from prosecution for a
8 violation of this Act if he is a peace officer in the
9 enforcement of the criminal laws and such activity is approved
10 in writing by one of the following:
11 (1) In all counties, the respective State's Attorney;
12 (2) The Director of the Illinois State Police under
13 Section 2605-10, 2605-15, 2605-51, 2605-52, 2605-75,
14 2605-190, 2605-200, 2605-205, 2605-210, 2605-215,
15 2605-250, 2605-275, 2605-305, 2605-315, 2605-325,
16 2605-335, 2605-340, 2605-350, 2605-355, 2605-360,
17 2605-365, 2605-375, 2605-400, 2605-405, 2605-420,
18 2605-430, 2605-435, 2605-525, or 2605-550 of the Illinois
19 State Police Law; or
20 (3) In cities over 1,000,000, the Superintendent of
21 Police.
22 (Source: P.A. 101-37, eff. 7-3-19; 102-538, eff. 8-20-21.)
23 Section 50. The Firearm Owners Identification Card Act is
24 amended by changing Sections 2, 3, 3.1, 4, 5, 7, 8.5 and 13.1
25 as follows:
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1 (430 ILCS 65/2) (from Ch. 38, par. 83-2)
2 Sec. 2. Firearm Owner's Identification Card required;
3 exceptions.
4 (a) (1) No person may acquire or possess any firearm, stun
5 gun, or taser within this State without having in his or her
6 possession a Firearm Owner's Identification Card previously
7 issued in his or her name by the Illinois State Police under
8 the provisions of this Act.
9 (2) No person may acquire or possess firearm ammunition
10 within this State without having in his or her possession a
11 Firearm Owner's Identification Card previously issued in his
12 or her name by the Illinois State Police under the provisions
13 of this Act.
14 (b) The provisions of this Section regarding the
15 possession of firearms, firearm ammunition, stun guns, and
16 tasers do not apply to:
17 (1) United States Marshals, while engaged in the
18 operation of their official duties;
19 (2) Members of the Armed Forces of the United States
20 or the National Guard, while engaged in the operation of
21 their official duties;
22 (3) Federal officials required to carry firearms,
23 while engaged in the operation of their official duties;
24 (4) Members of bona fide veterans organizations which
25 receive firearms directly from the armed forces of the
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1 United States, while using the firearms for ceremonial
2 purposes with blank ammunition;
3 (5) Nonresident hunters during hunting season, with
4 valid nonresident hunting licenses and while in an area
5 where hunting is permitted; however, at all other times
6 and in all other places these persons must have their
7 firearms unloaded and enclosed in a case;
8 (6) Those hunters exempt from obtaining a hunting
9 license who are required to submit their Firearm Owner's
10 Identification Card when hunting on Department of Natural
11 Resources owned or managed sites;
12 (7) Nonresidents while on a firing or shooting range
13 recognized by the Illinois State Police; however, these
14 persons must at all other times and in all other places
15 have their firearms unloaded and enclosed in a case;
16 (8) Nonresidents while at a firearm showing or display
17 recognized by the Illinois State Police; however, at all
18 other times and in all other places these persons must
19 have their firearms unloaded and enclosed in a case;
20 (9) Nonresidents whose firearms are unloaded and
21 enclosed in a case;
22 (10) Nonresidents who are currently licensed or
23 registered to possess a firearm in their resident state;
24 (11) Unemancipated minors while in the custody and
25 immediate control of their parent or legal guardian or
26 other person in loco parentis to the minor if the parent or
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1 legal guardian or other person in loco parentis to the
2 minor has a currently valid Firearm Owner's Identification
3 Card;
4 (12) Color guards of bona fide veterans organizations
5 or members of bona fide American Legion bands while using
6 firearms for ceremonial purposes with blank ammunition;
7 (13) Nonresident hunters whose state of residence does
8 not require them to be licensed or registered to possess a
9 firearm and only during hunting season, with valid hunting
10 licenses, while accompanied by, and using a firearm owned
11 by, a person who possesses a valid Firearm Owner's
12 Identification Card and while in an area within a
13 commercial club licensed under the Wildlife Code where
14 hunting is permitted and controlled, but in no instance
15 upon sites owned or managed by the Department of Natural
16 Resources;
17 (14) Resident hunters who are properly authorized to
18 hunt and, while accompanied by a person who possesses a
19 valid Firearm Owner's Identification Card, hunt in an area
20 within a commercial club licensed under the Wildlife Code
21 where hunting is permitted and controlled; and
22 (15) A person who is otherwise eligible to obtain a
23 Firearm Owner's Identification Card under this Act and is
24 under the direct supervision of a holder of a Firearm
25 Owner's Identification Card who is 21 years of age or
26 older while the person is on a firing or shooting range or
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1 is a participant in a firearms safety and training course
2 recognized by a law enforcement agency or a national,
3 statewide shooting sports organization.
4 (c) The provisions of this Section regarding the
5 acquisition and possession of firearms, firearm ammunition,
6 stun guns, and tasers do not apply to law enforcement
7 officials of this or any other jurisdiction, while engaged in
8 the operation of their official duties.
9 (c-5) (Blank). The provisions of paragraphs (1) and (2) of
10 subsection (a) of this Section regarding the possession of
11 firearms and firearm ammunition do not apply to the holder of a
12 valid concealed carry license issued under the Firearm
13 Concealed Carry Act who is in physical possession of the
14 concealed carry license.
15 (d) Any person who becomes a resident of this State, who is
16 not otherwise prohibited from obtaining, possessing, or using
17 a firearm or firearm ammunition, shall not be required to have
18 a Firearm Owner's Identification Card to possess firearms or
19 firearms ammunition until 60 calendar days after he or she
20 obtains an Illinois driver's license or Illinois
21 Identification Card.
22 (Source: P.A. 102-538, eff. 8-20-21; 102-1116, eff. 1-10-23.)
23 (430 ILCS 65/3) (from Ch. 38, par. 83-3)
24 Sec. 3. (a) Except as provided in Section 3a, no person may
25 knowingly transfer, or cause to be transferred, any firearm,
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1 firearm ammunition, stun gun, or taser to any person within
2 this State unless the transferee with whom he deals displays
3 either: (1) a currently valid Firearm Owner's Identification
4 Card which has previously been issued in his or her name by the
5 Illinois State Police under the provisions of this Act; or (2)
6 a currently valid license to carry a concealed firearm which
7 has previously been issued in his or her name by the Illinois
8 State Police under the Firearm Concealed Carry Act. In
9 addition, all firearm, stun gun, and taser transfers by
10 federally licensed firearm dealers are subject to Section 3.1.
11 (a-5) Any person who is not a federally licensed firearm
12 dealer and who desires to transfer or sell a firearm while that
13 person is on the grounds of a gun show must, before selling or
14 transferring the firearm, request the Illinois State Police to
15 conduct a background check on the prospective recipient of the
16 firearm in accordance with Section 3.1.
17 (a-10) Notwithstanding item (2) of subsection (a) of this
18 Section, any person who is not a federally licensed firearm
19 dealer and who desires to transfer or sell a firearm or
20 firearms to any person who is not a federally licensed firearm
21 dealer shall, before selling or transferring the firearms,
22 contact a federal firearm license dealer under paragraph (1)
23 of subsection (a-15) of this Section to conduct the transfer
24 or the Illinois State Police with the transferee's or
25 purchaser's Firearm Owner's Identification Card number to
26 determine the validity of the transferee's or purchaser's
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1 Firearm Owner's Identification Card under State and federal
2 law, including the National Instant Criminal Background Check
3 System. This subsection shall not be effective until July 1,
4 2023. Until that date the transferor shall contact the
5 Illinois State Police with the transferee's or purchaser's
6 Firearm Owner's Identification Card number to determine the
7 validity of the card. The Illinois State Police may adopt
8 rules concerning the implementation of this subsection. The
9 Illinois State Police shall provide the seller or transferor
10 an approval number if the purchaser's Firearm Owner's
11 Identification Card is valid. Approvals issued by the Illinois
12 State Police for the purchase of a firearm pursuant to this
13 subsection are valid for 30 days from the date of issue.
14 (a-15) The provisions of subsection (a-10) of this Section
15 do not apply to:
16 (1) transfers that occur at the place of business of a
17 federally licensed firearm dealer, if the federally
18 licensed firearm dealer conducts a background check on the
19 prospective recipient of the firearm in accordance with
20 Section 3.1 of this Act and follows all other applicable
21 federal, State, and local laws as if he or she were the
22 seller or transferor of the firearm, although the dealer
23 is not required to accept the firearm into his or her
24 inventory. The purchaser or transferee may be required by
25 the federally licensed firearm dealer to pay a fee not to
26 exceed $25 per firearm, which the dealer may retain as
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1 compensation for performing the functions required under
2 this paragraph, plus the applicable fees authorized by
3 Section 3.1;
4 (2) transfers as a bona fide gift to the transferor's
5 husband, wife, son, daughter, stepson, stepdaughter,
6 father, mother, stepfather, stepmother, brother, sister,
7 nephew, niece, uncle, aunt, grandfather, grandmother,
8 grandson, granddaughter, father-in-law, mother-in-law,
9 son-in-law, or daughter-in-law;
10 (3) transfers by persons acting pursuant to operation
11 of law or a court order;
12 (4) transfers on the grounds of a gun show under
13 subsection (a-5) of this Section;
14 (5) the delivery of a firearm by its owner to a
15 gunsmith for service or repair, the return of the firearm
16 to its owner by the gunsmith, or the delivery of a firearm
17 by a gunsmith to a federally licensed firearms dealer for
18 service or repair and the return of the firearm to the
19 gunsmith;
20 (6) temporary transfers that occur while in the home
21 of the unlicensed transferee, if the unlicensed transferee
22 is not otherwise prohibited from possessing firearms and
23 the unlicensed transferee reasonably believes that
24 possession of the firearm is necessary to prevent imminent
25 death or great bodily harm to the unlicensed transferee;
26 (7) transfers to a law enforcement or corrections
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1 agency or a law enforcement or corrections officer acting
2 within the course and scope of his or her official duties;
3 (8) transfers of firearms that have been rendered
4 permanently inoperable to a nonprofit historical society,
5 museum, or institutional collection; and
6 (9) transfers to a person who is exempt from the
7 requirement of possessing a Firearm Owner's Identification
8 Card under Section 2 of this Act.
9 (a-20) The Illinois State Police shall develop an
10 Internet-based system for individuals to determine the
11 validity of a Firearm Owner's Identification Card prior to the
12 sale or transfer of a firearm. The Illinois State Police shall
13 have the Internet-based system updated and available for use
14 by January 1, 2024. The Illinois State Police shall adopt
15 rules not inconsistent with this Section to implement this
16 system; but no rule shall allow the Illinois State Police to
17 retain records in contravention of State and federal law.
18 (a-25) On or before January 1, 2022, the Illinois State
19 Police shall develop an Internet-based system upon which the
20 serial numbers of firearms that have been reported stolen are
21 available for public access for individuals to ensure any
22 firearms are not reported stolen prior to the sale or transfer
23 of a firearm under this Section. The Illinois State Police
24 shall have the Internet-based system completed and available
25 for use by July 1, 2022. The Illinois State Police shall adopt
26 rules not inconsistent with this Section to implement this
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1 system.
2 (b) Any person within this State who transfers or causes
3 to be transferred any firearm, stun gun, or taser shall keep a
4 record of such transfer for a period of 10 years from the date
5 of transfer. Any person within this State who receives any
6 firearm, stun gun, or taser pursuant to subsection (a-10)
7 shall provide a record of the transfer within 10 days of the
8 transfer to a federally licensed firearm dealer and shall not
9 be required to maintain a transfer record. The federally
10 licensed firearm dealer shall maintain the transfer record for
11 20 years from the date of receipt. A federally licensed
12 firearm dealer may charge a fee not to exceed $25 to retain the
13 record. The record shall be provided and maintained in either
14 an electronic or paper format. The federally licensed firearm
15 dealer shall not be liable for the accuracy of any information
16 in the transfer record submitted pursuant to this Section.
17 Such records shall contain the date of the transfer; the
18 description, serial number or other information identifying
19 the firearm, stun gun, or taser if no serial number is
20 available; and, if the transfer was completed within this
21 State, the transferee's Firearm Owner's Identification Card
22 number and any approval number or documentation provided by
23 the Illinois State Police pursuant to subsection (a-10) of
24 this Section; if the transfer was not completed within this
25 State, the record shall contain the name and address of the
26 transferee. On or after January 1, 2006, the record shall
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1 contain the date of application for transfer of the firearm.
2 On demand of a peace officer such transferor shall produce for
3 inspection such record of transfer. For any transfer pursuant
4 to subsection (a-10) of this Section, on the demand of a peace
5 officer, such transferee shall identify the federally licensed
6 firearm dealer maintaining the transfer record. If the
7 transfer or sale took place at a gun show, the record shall
8 include the unique identification number. Failure to record
9 the unique identification number or approval number is a petty
10 offense. For transfers of a firearm, stun gun, or taser made on
11 or after January 18, 2019 (the effective date of Public Act
12 100-1178), failure by the private seller to maintain the
13 transfer records in accordance with this Section, or failure
14 by a transferee pursuant to subsection a-10 of this Section to
15 identify the federally licensed firearm dealer maintaining the
16 transfer record, is a Class A misdemeanor for the first
17 offense and a Class 4 felony for a second or subsequent offense
18 occurring within 10 years of the first offense and the second
19 offense was committed after conviction of the first offense.
20 Whenever any person who has not previously been convicted of
21 any violation of subsection (a-5), the court may grant
22 supervision pursuant to and consistent with the limitations of
23 Section 5-6-1 of the Unified Code of Corrections. A transferee
24 or transferor shall not be criminally liable under this
25 Section provided that he or she provides the Illinois State
26 Police with the transfer records in accordance with procedures
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1 established by the Illinois State Police. The Illinois State
2 Police shall establish, by rule, a standard form on its
3 website.
4 (b-5) Any resident may purchase ammunition from a person
5 within or outside of Illinois if shipment is by United States
6 mail or by a private express carrier authorized by federal law
7 to ship ammunition. Any resident purchasing ammunition within
8 or outside the State of Illinois must provide the seller with a
9 copy of his or her valid Firearm Owner's Identification Card
10 or valid concealed carry license and either his or her
11 Illinois driver's license or Illinois State Identification
12 Card prior to the shipment of the ammunition. The ammunition
13 may be shipped only to an address on either of those 2
14 documents.
15 (c) The provisions of this Section regarding the transfer
16 of firearm ammunition shall not apply to those persons
17 specified in paragraph (b) of Section 2 of this Act.
18 (Source: P.A. 102-237, eff. 1-1-24; 102-538, eff. 8-20-21;
19 102-813, eff. 5-13-22; 102-1116, eff. 1-10-23.)
20 (430 ILCS 65/3.1) (from Ch. 38, par. 83-3.1)
21 Sec. 3.1. Firearm Transfer Inquiry Program.
22 (a) The Illinois State Police shall provide a dial up
23 telephone system or utilize other existing technology which
24 shall be used by any federally licensed firearm dealer, gun
25 show promoter, or gun show vendor who is to transfer a firearm,
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1 stun gun, or taser under the provisions of this Act. The
2 Illinois State Police may utilize existing technology which
3 allows the caller to be charged a fee not to exceed $2. Fees
4 collected by the Illinois State Police shall be deposited in
5 the State Police Firearm Services Fund and used to provide the
6 service.
7 (b) Upon receiving a request from a federally licensed
8 firearm dealer, gun show promoter, or gun show vendor, the
9 Illinois State Police shall immediately approve or, within the
10 time period established by Section 24-3 of the Criminal Code
11 of 2012 regarding the delivery of firearms, stun guns, and
12 tasers, notify the inquiring dealer, gun show promoter, or gun
13 show vendor of any objection that would disqualify the
14 transferee from acquiring or possessing a firearm, stun gun,
15 or taser. In conducting the inquiry, the Illinois State Police
16 shall initiate and complete an automated search of its
17 criminal history record information files and those of the
18 Federal Bureau of Investigation, including the National
19 Instant Criminal Background Check System, and of the files of
20 the Department of Human Services relating to mental health and
21 developmental disabilities to obtain any felony conviction or
22 patient hospitalization information which would disqualify a
23 person from obtaining or require revocation of a currently
24 valid Firearm Owner's Identification Card.
25 (b-5) By January 1, 2023, the Illinois State Police shall
26 by rule provide a process for the automatic renewal of the
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1 Firearm Owner's Identification Card of a person at the time of
2 an inquiry in subsection (b). Persons eligible for this
3 process must have a set of fingerprints on file with their
4 applications under either subsection (a-25) of Section 4 or
5 the Firearm Concealed Carry Act.
6 (c) If receipt of a firearm would not violate Section 24-3
7 of the Criminal Code of 2012, federal law, or this Act, the
8 Illinois State Police shall:
9 (1) assign a unique identification number to the
10 transfer; and
11 (2) provide the licensee, gun show promoter, or gun
12 show vendor with the number.
13 (d) Approvals issued by the Illinois State Police for the
14 purchase of a firearm are valid for 30 days from the date of
15 issue.
16 (e) (1) The Illinois State Police must act as the Illinois
17 Point of Contact for the National Instant Criminal Background
18 Check System.
19 (2) The Illinois State Police and the Department of Human
20 Services shall, in accordance with State and federal law
21 regarding confidentiality, enter into a memorandum of
22 understanding with the Federal Bureau of Investigation for the
23 purpose of implementing the National Instant Criminal
24 Background Check System in the State. The Illinois State
25 Police shall report the name, date of birth, and physical
26 description of any person prohibited from possessing a firearm
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1 pursuant to the Firearm Owners Identification Card Act or 18
2 U.S.C. 922(g) and (n) to the National Instant Criminal
3 Background Check System Index, Denied Persons Files.
4 (3) The Illinois State Police shall provide notice of the
5 disqualification of a person under subsection (b) of this
6 Section or the revocation of a person's Firearm Owner's
7 Identification Card under Section 8 or Section 8.2 of this
8 Act, and the reason for the disqualification or revocation, to
9 all law enforcement agencies with jurisdiction to assist with
10 the seizure of the person's Firearm Owner's Identification
11 Card.
12 (f) The Illinois State Police shall adopt rules not
13 inconsistent with this Section to implement this system.
14 (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
15 102-813, eff. 5-13-22.)
16 (430 ILCS 65/4) (from Ch. 38, par. 83-4)
17 Sec. 4. Application for Firearm Owner's Identification
18 Cards.
19 (a) Each applicant for a Firearm Owner's Identification
20 Card must:
21 (1) Submit an application as made available by the
22 Illinois State Police; and
23 (2) Submit evidence to the Illinois State Police that:
24 (i) This subparagraph (i) applies through the
25 180th day following July 12, 2019 (the effective date
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1 of Public Act 101-80). He or she is 21 years of age or
2 over, or if he or she is under 21 years of age that he
3 or she has the written consent of his or her parent or
4 legal guardian to possess and acquire firearms and
5 firearm ammunition and that he or she has never been
6 convicted of a misdemeanor other than a traffic
7 offense or adjudged delinquent, provided, however,
8 that such parent or legal guardian is not an
9 individual prohibited from having a Firearm Owner's
10 Identification Card and files an affidavit with the
11 Department as prescribed by the Department stating
12 that he or she is not an individual prohibited from
13 having a Card;
14 (i-5) This subparagraph (i-5) applies on and after
15 the 181st day following July 12, 2019 (the effective
16 date of Public Act 101-80). He or she is 21 years of
17 age or over, or if he or she is under 21 years of age
18 that he or she has never been convicted of a
19 misdemeanor other than a traffic offense or adjudged
20 delinquent and is an active duty member of the United
21 States Armed Forces or the Illinois National Guard or
22 has the written consent of his or her parent or legal
23 guardian to possess and acquire firearms and firearm
24 ammunition, provided, however, that such parent or
25 legal guardian is not an individual prohibited from
26 having a Firearm Owner's Identification Card and files
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1 an affidavit with the Illinois State Police as
2 prescribed by the Illinois State Police stating that
3 he or she is not an individual prohibited from having a
4 Card or the active duty member of the United States
5 Armed Forces or the Illinois National Guard under 21
6 years of age annually submits proof to the Illinois
7 State Police, in a manner prescribed by the Illinois
8 State Police;
9 (ii) He or she has not been convicted of a felony
10 under the laws of this or any other jurisdiction;
11 (iii) He or she is not addicted to narcotics;
12 (iv) He or she has not been a patient in a mental
13 health facility within the past 5 years or, if he or
14 she has been a patient in a mental health facility more
15 than 5 years ago submit the certification required
16 under subsection (u) of Section 8 of this Act;
17 (v) He or she is not a person with an intellectual
18 disability;
19 (vi) He or she is not a noncitizen who is
20 unlawfully present in the United States under the laws
21 of the United States;
22 (vii) He or she is not subject to an existing order
23 of protection prohibiting him or her from possessing a
24 firearm;
25 (viii) He or she has not been convicted within the
26 past 5 years of battery, assault, aggravated assault,
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1 violation of an order of protection, or a
2 substantially similar offense in another jurisdiction,
3 in which a firearm was used or possessed;
4 (ix) He or she has not been convicted of domestic
5 battery, aggravated domestic battery, or a
6 substantially similar offense in another jurisdiction
7 committed before, on or after January 1, 2012 (the
8 effective date of Public Act 97-158). If the applicant
9 knowingly and intelligently waives the right to have
10 an offense described in this clause (ix) tried by a
11 jury, and by guilty plea or otherwise, results in a
12 conviction for an offense in which a domestic
13 relationship is not a required element of the offense
14 but in which a determination of the applicability of
15 18 U.S.C. 922(g)(9) is made under Section 112A-11.1 of
16 the Code of Criminal Procedure of 1963, an entry by the
17 court of a judgment of conviction for that offense
18 shall be grounds for denying the issuance of a Firearm
19 Owner's Identification Card under this Section;
20 (x) (Blank);
21 (xi) He or she is not a noncitizen who has been
22 admitted to the United States under a non-immigrant
23 visa (as that term is defined in Section 101(a)(26) of
24 the Immigration and Nationality Act (8 U.S.C.
25 1101(a)(26))), or that he or she is a noncitizen who
26 has been lawfully admitted to the United States under
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1 a non-immigrant visa if that noncitizen is:
2 (1) admitted to the United States for lawful
3 hunting or sporting purposes;
4 (2) an official representative of a foreign
5 government who is:
6 (A) accredited to the United States
7 Government or the Government's mission to an
8 international organization having its
9 headquarters in the United States; or
10 (B) en route to or from another country to
11 which that noncitizen is accredited;
12 (3) an official of a foreign government or
13 distinguished foreign visitor who has been so
14 designated by the Department of State;
15 (4) a foreign law enforcement officer of a
16 friendly foreign government entering the United
17 States on official business; or
18 (5) one who has received a waiver from the
19 Attorney General of the United States pursuant to
20 18 U.S.C. 922(y)(3);
21 (xii) He or she is not a minor subject to a
22 petition filed under Section 5-520 of the Juvenile
23 Court Act of 1987 alleging that the minor is a
24 delinquent minor for the commission of an offense that
25 if committed by an adult would be a felony;
26 (xiii) He or she is not an adult who had been
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1 adjudicated a delinquent minor under the Juvenile
2 Court Act of 1987 for the commission of an offense that
3 if committed by an adult would be a felony;
4 (xiv) He or she is a resident of the State of
5 Illinois;
6 (xv) He or she has not been adjudicated as a person
7 with a mental disability;
8 (xvi) He or she has not been involuntarily
9 admitted into a mental health facility; and
10 (xvii) He or she is not a person with a
11 developmental disability; and
12 (3) Upon request by the Illinois State Police, sign a
13 release on a form prescribed by the Illinois State Police
14 waiving any right to confidentiality and requesting the
15 disclosure to the Illinois State Police of limited mental
16 health institution admission information from another
17 state, the District of Columbia, any other territory of
18 the United States, or a foreign nation concerning the
19 applicant for the sole purpose of determining whether the
20 applicant is or was a patient in a mental health
21 institution and disqualified because of that status from
22 receiving a Firearm Owner's Identification Card. No mental
23 health care or treatment records may be requested. The
24 information received shall be destroyed within one year of
25 receipt.
26 (a-5) Each applicant for a Firearm Owner's Identification
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1 Card who is over the age of 18 shall furnish to the Illinois
2 State Police either his or her Illinois driver's license
3 number or Illinois Identification Card number, except as
4 provided in subsection (a-10).
5 (a-10) Each applicant for a Firearm Owner's Identification
6 Card, who is employed as a law enforcement officer, an armed
7 security officer in Illinois, or by the United States Military
8 permanently assigned in Illinois and who is not an Illinois
9 resident, shall furnish to the Illinois State Police his or
10 her driver's license number or state identification card
11 number from his or her state of residence. The Illinois State
12 Police may adopt rules to enforce the provisions of this
13 subsection (a-10).
14 (a-15) If an applicant applying for a Firearm Owner's
15 Identification Card moves from the residence address named in
16 the application, he or she shall immediately notify in a form
17 and manner prescribed by the Illinois State Police of that
18 change of address.
19 (a-20) Each applicant for a Firearm Owner's Identification
20 Card shall furnish to the Illinois State Police his or her
21 photograph. An applicant who is 21 years of age or older
22 seeking a religious exemption to the photograph requirement
23 must furnish with the application an approved copy of United
24 States Department of the Treasury Internal Revenue Service
25 Form 4029. In lieu of a photograph, an applicant regardless of
26 age seeking a religious exemption to the photograph
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1 requirement shall submit fingerprints on a form and manner
2 prescribed by the Illinois State Police with his or her
3 application.
4 (a-25) Beginning January 1, 2023, each applicant for the
5 issuance of a Firearm Owner's Identification Card may include
6 a full set of his or her fingerprints in electronic format to
7 the Illinois State Police, unless the applicant has previously
8 provided a full set of his or her fingerprints to the Illinois
9 State Police under this Act or the Firearm Concealed Carry
10 Act.
11 The fingerprints must be transmitted through a live scan
12 fingerprint vendor licensed by the Department of Financial and
13 Professional Regulation. The fingerprints shall be checked
14 against the fingerprint records now and hereafter filed in the
15 Illinois State Police and Federal Bureau of Investigation
16 criminal history records databases, including all available
17 State and local criminal history record information files.
18 The Illinois State Police shall charge applicants a
19 one-time fee for conducting the criminal history record check,
20 which shall be deposited into the State Police Services Fund
21 and shall not exceed the actual cost of the State and national
22 criminal history record check.
23 (a-26) The Illinois State Police shall research, explore,
24 and report to the General Assembly by January 1, 2022 on the
25 feasibility of permitting voluntarily submitted fingerprints
26 obtained for purposes other than Firearm Owner's
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1 Identification Card enforcement that are contained in the
2 Illinois State Police database for purposes of this Act.
3 (b) Each application form shall include the following
4 statement printed in bold type: "Warning: Entering false
5 information on an application for a Firearm Owner's
6 Identification Card is punishable as a Class 2 felony in
7 accordance with subsection (d-5) of Section 14 of the Firearm
8 Owners Identification Card Act.".
9 (c) Upon such written consent, pursuant to Section 4,
10 paragraph (a)(2)(i), the parent or legal guardian giving the
11 consent shall be liable for any damages resulting from the
12 applicant's use of firearms or firearm ammunition.
13 (Source: P.A. 101-80, eff. 7-12-19; 102-237, eff. 1-1-22;
14 102-538, eff. 8-20-21; 102-813, eff. 5-13-22; 102-1030, eff.
15 5-27-22; 102-1116, eff. 1-10-23.)
16 (430 ILCS 65/5) (from Ch. 38, par. 83-5)
17 Sec. 5. Application and renewal.
18 (a) The Illinois State Police shall either approve or deny
19 all applications within 30 days from the date they are
20 received, except as provided in subsections (b) and (c), and
21 every applicant found qualified under Section 8 of this Act by
22 the Illinois State Police shall be entitled to a Firearm
23 Owner's Identification Card upon the payment of a $10 fee and
24 applicable processing fees. The processing fees shall be
25 limited to charges by the State Treasurer for using the
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1 electronic online payment system. Any applicant who is an
2 active duty member of the Armed Forces of the United States, a
3 member of the Illinois National Guard, or a member of the
4 Reserve Forces of the United States is exempt from the
5 application fee. $5 of each fee derived from the issuance of a
6 Firearm Owner's Identification Card or renewals thereof shall
7 be deposited in the State Police Firearm Services Fund and $5
8 into the State Police Firearm Enforcement Fund.
9 (b) Renewal applications shall be approved or denied
10 within 60 business days, provided the applicant submitted his
11 or her renewal application prior to the expiration of his or
12 her Firearm Owner's Identification Card. If a renewal
13 application has been submitted prior to the expiration date of
14 the applicant's Firearm Owner's Identification Card, the
15 Firearm Owner's Identification Card shall remain valid while
16 the Illinois State Police processes the application, unless
17 the person is subject to or becomes subject to revocation
18 under this Act. The cost for a renewal application shall be $10
19 and may include applicable processing fees, which shall be
20 limited to charges by the State Treasurer for using the
21 electronic online payment system, which shall be deposited
22 into the State Police Firearm Services Fund.
23 (c) (Blank). If the Firearm Owner's Identification Card of
24 a licensee under the Firearm Concealed Carry Act expires
25 during the term of the licensee's concealed carry license, the
26 Firearm Owner's Identification Card and the license remain
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1 valid and the licensee does not have to renew his or her
2 Firearm Owner's Identification Card during the duration of the
3 concealed carry license. Unless the Illinois State Police has
4 reason to believe the licensee is no longer eligible for the
5 card, the Illinois State Police may automatically renew the
6 licensee's Firearm Owner's Identification Card and send a
7 renewed Firearm Owner's Identification Card to the licensee.
8 (d) The Illinois State Police may adopt rules concerning
9 the use of voluntarily submitted fingerprints, as allowed by
10 State and federal law.
11 (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
12 102-813, eff. 5-13-22; 103-609, eff. 7-1-24.)
13 (430 ILCS 65/7) (from Ch. 38, par. 83-7)
14 Sec. 7. Validity of Firearm Owner's Identification Card.
15 (a) Except as provided in Section 8 of this Act or
16 elsewhere in this Section, a Firearm Owner's Identification
17 Card issued under the provisions of this Act shall be valid for
18 the person to whom it is issued for a period of 10 years from
19 the date of issuance. Unless the person no longer meets the
20 requirements or becomes subject to suspension or revocation
21 under this Act, a card issued under an application made as
22 provided in subsection (a-25) of Section 4 shall remain valid
23 if the person meets the requirements of subsection (b-5) of
24 Section 3.1.
25 (b) If a renewal application is submitted to the
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1 Department before the expiration date of the applicant's
2 current Firearm Owner's Identification Card, the Firearm
3 Owner's Identification Card shall remain valid, unless the
4 person is subject to or becomes subject to revocation under
5 this Act. Unless the person no longer meets the requirements
6 or becomes subject to suspension or revocation under this Act,
7 a card issued under a renewal application made as provided in
8 subsection (a-25) of Section 4 shall remain valid if the
9 person meets the implementation requirements of Section 3.1.
10 (c) (Blank). Beginning January 1, 2022, if the Firearm
11 Owner's Identification Card of a licensee under the Firearm
12 Concealed Carry Act expires during the term of the licensee's
13 concealed carry license, the Firearm Owner's Identification
14 Card and the license remain valid during the validity of the
15 concealed carry license and the licensee does not have to
16 renew his or her Firearm Owner's Identification Card, if the
17 Firearm Owner's Identification Card has not been otherwise
18 renewed as provided in this Act. Unless the Illinois State
19 Police has reason to believe the licensee is no longer
20 eligible for the card, the Illinois State Police may
21 automatically renew the licensee's Firearm Owner's
22 Identification Card.
23 (Source: P.A. 102-237, eff. 1-1-22.)
24 (430 ILCS 65/8.5)
25 Sec. 8.5. Illinois State Police to monitor databases for
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1 firearms prohibitors. The Illinois State Police shall
2 continuously monitor relevant State and federal databases, as
3 allowed by State and federal law, for firearms prohibitors and
4 correlate those records with Firearm Owner's Identification
5 Card holders to ensure compliance with this Act and any other
6 State and federal laws. As used in this Section, "firearms
7 prohibitor" means any factor listed in Section 8 or Section
8 8.2 of this Act or Section 24-3 or 24-3.1 of the Criminal Code
9 of 2012 that prohibits a person from transferring or
10 possessing a firearm, firearm ammunition, or Firearm Owner's
11 Identification Card, or concealed carry license.
12 (Source: P.A. 102-237, eff. 1-1-22.)
13 (430 ILCS 65/13.1) (from Ch. 38, par. 83-13.1)
14 Sec. 13.1. Preemption.
15 (a) (Blank). Except as otherwise provided in the Firearm
16 Concealed Carry Act and subsections (b) and (c) of this
17 Section, the provisions of any ordinance enacted by any
18 municipality which requires registration or imposes greater
19 restrictions or limitations on the acquisition, possession and
20 transfer of firearms than are imposed by this Act, are not
21 invalidated or affected by this Act.
22 (b) The Notwithstanding subsection (a) of this Section,
23 the regulation, licensing, possession, and registration of
24 handguns and ammunition for a handgun, and the transportation
25 of any firearm and ammunition by a holder of a valid Firearm
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1 Owner's Identification Card issued by the Illinois State
2 Police under this Act are exclusive powers and functions of
3 this State. Any ordinance or regulation, or portion of that
4 ordinance or regulation, enacted on or before the effective
5 date of this amendatory Act of the 98th General Assembly that
6 purports to impose regulations or restrictions on a holder of
7 a valid Firearm Owner's Identification Card issued by the
8 Illinois State Police under this Act in a manner that is
9 inconsistent with this Act, on the effective date of this
10 amendatory Act of the 98th General Assembly, shall be invalid
11 in its application to a holder of a valid Firearm Owner's
12 Identification Card issued by the Illinois State Police under
13 this Act.
14 (c) Notwithstanding subsection (a) of this Section, the
15 regulation of the possession or ownership of assault weapons
16 are exclusive powers and functions of this State. Any
17 ordinance or regulation, or portion of that ordinance or
18 regulation, that purports to regulate the possession or
19 ownership of assault weapons in a manner that is inconsistent
20 with this Act, shall be invalid unless the ordinance or
21 regulation is enacted on, before, or within 10 days after the
22 effective date of this amendatory Act of the 98th General
23 Assembly. Any ordinance or regulation described in this
24 subsection (c) enacted more than 10 days after the effective
25 date of this amendatory Act of the 98th General Assembly is
26 invalid. An ordinance enacted on, before, or within 10 days
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1 after the effective date of this amendatory Act of the 98th
2 General Assembly may be amended. The enactment or amendment of
3 ordinances under this subsection (c) are subject to the
4 submission requirements of Section 13.3. For the purposes of
5 this subsection, "assault weapons" means firearms designated
6 by either make or model or by a test or list of cosmetic
7 features that cumulatively would place the firearm into a
8 definition of "assault weapon" under the ordinance.
9 (d) For the purposes of this Section, "handgun" means any
10 device which is designed to expel a projectile or projectiles
11 by the action of an explosion, expansion of gas, or escape of
12 gas that is designed to be held and fired by the use of a
13 single hand. "Handgun" does not include:
14 (1) a stun gun or taser;
15 (2) a machine gun as defined in item (i) of paragraph
16 (7) of subsection (a) of Section 24-1 of the Criminal Code
17 of 2012;
18 (3) a short-barreled rifle or shotgun as defined in
19 item (ii) of paragraph (7) of subsection (a) of Section
20 24-1 of the Criminal Code of 2012; or
21 (4) any pneumatic gun, spring gun, paint ball gun, or
22 B-B gun which expels a single globular projectile not
23 exceeding .18 inch in diameter, or which has a maximum
24 muzzle velocity of less than 700 feet per second, or which
25 expels breakable paint balls containing washable marking
26 has the meaning ascribed to it in Section 5 of the Firearm
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1 Concealed Carry Act.
2 (e) This Section is a denial and limitation of home rule
3 powers and functions under subsection (h) of Section 6 of
4 Article VII of the Illinois Constitution.
5 (Source: P.A. 102-538, eff. 8-20-21.)
6 (430 ILCS 65/13.4 rep.)
7 Section 55. The Firearm Owners Identification Card Act is
8 amended by repealing Section 13.4.
9 (430 ILCS 66/Act rep.)
10 Section 60. The Firearm Concealed Carry Act is repealed.
11 Section 65. The Firearms Restraining Order Act is amended
12 by changing Sections 35 and 40 as follows:
13 (430 ILCS 67/35)
14 Sec. 35. Ex parte orders and emergency hearings.
15 (a) A petitioner may request an emergency firearms
16 restraining order by filing an affidavit or verified pleading
17 alleging that the respondent poses an immediate and present
18 danger of causing personal injury to himself, herself, or
19 another by having in his or her custody or control,
20 purchasing, possessing, or receiving a firearm, ammunition, or
21 firearm parts that could be assembled to make an operable
22 firearm. The petition shall also describe the type and
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1 location of any firearm or firearms, ammunition, or firearm
2 parts that could be assembled to make an operable firearm
3 presently believed by the petitioner to be possessed or
4 controlled by the respondent.
5 (b) If the respondent is alleged to pose an immediate and
6 present danger of causing personal injury to an intimate
7 partner, or an intimate partner is alleged to have been the
8 target of a threat or act of violence by the respondent, the
9 petitioner shall make a good faith effort to provide notice to
10 any and all intimate partners of the respondent. The notice
11 must include that the petitioner intends to petition the court
12 for an emergency firearms restraining order, and, if the
13 petitioner is a law enforcement officer, referral to relevant
14 domestic violence or stalking advocacy or counseling
15 resources, if appropriate. The petitioner shall attest to
16 having provided the notice in the filed affidavit or verified
17 pleading. If, after making a good faith effort, the petitioner
18 is unable to provide notice to any or all intimate partners,
19 the affidavit or verified pleading should describe what
20 efforts were made.
21 (c) Every person who files a petition for an emergency
22 firearms restraining order, knowing the information provided
23 to the court at any hearing or in the affidavit or verified
24 pleading to be false, is guilty of perjury under Section 32-2
25 of the Criminal Code of 2012.
26 (d) An emergency firearms restraining order shall be
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1 issued on an ex parte basis, that is, without notice to the
2 respondent.
3 (e) An emergency hearing held on an ex parte basis shall be
4 held the same day that the petition is filed or the next day
5 that the court is in session.
6 (f) If a circuit or associate judge finds probable cause
7 to believe that the respondent poses an immediate and present
8 danger of causing personal injury to himself, herself, or
9 another by having in his or her custody or control,
10 purchasing, possessing, or receiving a firearm, ammunition, or
11 firearm parts that could be assembled to make an operable
12 firearm, the circuit or associate judge shall issue an
13 emergency order.
14 (f-5) If the court issues an emergency firearms
15 restraining order, it shall, upon a finding of probable cause
16 that the respondent possesses firearms, ammunition, or firearm
17 parts that could be assembled to make an operable firearm,
18 issue a search warrant directing a law enforcement agency to
19 seize the respondent's firearms, ammunition, and firearm parts
20 that could be assembled to make an operable firearm. The court
21 may, as part of that warrant, direct the law enforcement
22 agency to search the respondent's residence and other places
23 where the court finds there is probable cause to believe he or
24 she is likely to possess the firearms, ammunition, or firearm
25 parts that could be assembled to make an operable firearm. A
26 return of the search warrant shall be filed by the law
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1 enforcement agency within 4 days thereafter, setting forth the
2 time, date, and location that the search warrant was executed
3 and what items, if any, were seized.
4 (g) An emergency firearms restraining order shall require:
5 (1) the respondent to refrain from having in his or
6 her custody or control, purchasing, possessing, or
7 receiving additional firearms, ammunition, or firearm
8 parts that could be assembled to make an operable firearm,
9 or removing firearm parts that could be assembled to make
10 an operable firearm for the duration of the order under
11 Section 8.2 of the Firearm Owners Identification Card Act;
12 and
13 (2) the respondent to comply with Section 9.5 of the
14 Firearm Owners Identification Card Act and subsection (g)
15 of Section 70 of the Firearm Concealed Carry Act.
16 (h) Except as otherwise provided in subsection (h-5) of
17 this Section, upon expiration of the period of safekeeping, if
18 the firearms, ammunition, and firearm parts that could be
19 assembled to make an operable firearm or Firearm Owner's
20 Identification Card and concealed carry license cannot be
21 returned to the respondent because the respondent cannot be
22 located, fails to respond to requests to retrieve the
23 firearms, or is not lawfully eligible to possess a firearm,
24 ammunition, or firearm parts that could be assembled to make
25 an operable firearm, upon petition from the local law
26 enforcement agency, the court may order the local law
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1 enforcement agency to destroy the firearms, ammunition, and
2 firearm parts that could be assembled to make an operable
3 firearm, use the firearms, ammunition, and firearm parts that
4 could be assembled to make an operable firearm for training
5 purposes, or use the firearms, ammunition, and firearm parts
6 that could be assembled to make an operable firearm for any
7 other application as deemed appropriate by the local law
8 enforcement agency.
9 (h-5) On or before January 1, 2022, a respondent whose
10 Firearm Owner's Identification Card has been revoked or
11 suspended may petition the court, if the petitioner is present
12 in court or has notice of the respondent's petition, to
13 transfer the respondent's firearm, ammunition, and firearm
14 parts that could be assembled to make an operable firearm to a
15 person who is lawfully able to possess the firearm,
16 ammunition, and firearm parts that could be assembled to make
17 an operable firearm if the person does not reside at the same
18 address as the respondent. Notice of the petition shall be
19 served upon the person protected by the emergency firearms
20 restraining order. While the order is in effect, the
21 transferee who receives the respondent's firearms, ammunition,
22 and firearm parts that could be assembled to make an operable
23 firearm must swear or affirm by affidavit that he or she shall
24 not transfer the firearm, ammunition, and firearm parts that
25 could be assembled to make an operable firearm to the
26 respondent or to anyone residing in the same residence as the
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1 respondent.
2 (h-6) If a person other than the respondent claims title
3 to any firearms, ammunition, and firearm parts that could be
4 assembled to make an operable firearm surrendered under this
5 Section, he or she may petition the court, if the petitioner is
6 present in court or has notice of the petition, to have the
7 firearm, ammunition, and firearm parts that could be assembled
8 to make an operable firearm returned to him or her. If the
9 court determines that person to be the lawful owner of the
10 firearm, ammunition, and firearm parts that could be assembled
11 to make an operable firearm, the firearm, ammunition, and
12 firearm parts that could be assembled to make an operable
13 firearm shall be returned to him or her, provided that:
14 (1) the firearm, ammunition, and firearm parts that
15 could be assembled to make an operable firearm are removed
16 from the respondent's custody, control, or possession and
17 the lawful owner agrees to store the firearm, ammunition,
18 and firearm parts that could be assembled to make an
19 operable firearm in a manner such that the respondent does
20 not have access to or control of the firearm, ammunition,
21 and firearm parts that could be assembled to make an
22 operable firearm; and
23 (2) the firearm, ammunition, and firearm parts that
24 could be assembled to make an operable firearm are not
25 otherwise unlawfully possessed by the owner.
26 The person petitioning for the return of his or her
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1 firearm, ammunition, and firearm parts that could be assembled
2 to make an operable firearm must swear or affirm by affidavit
3 that he or she: (i) is the lawful owner of the firearm,
4 ammunition, and firearm parts that could be assembled to make
5 an operable firearm; (ii) shall not transfer the firearm,
6 ammunition, and firearm parts that could be assembled to make
7 an operable firearm to the respondent; and (iii) will store
8 the firearm, ammunition, and firearm parts that could be
9 assembled to make an operable firearm in a manner that the
10 respondent does not have access to or control of the firearm,
11 ammunition, and firearm parts that could be assembled to make
12 an operable firearm.
13 (i) In accordance with subsection (e) of this Section, the
14 court shall schedule a full hearing as soon as possible, but no
15 longer than 14 days from the issuance of an ex parte firearms
16 restraining order, to determine if a 6-month firearms
17 restraining order shall be issued. The court may extend an ex
18 parte order as needed, but not to exceed 14 days, to effectuate
19 service of the order or if necessary to continue protection.
20 The court may extend the order for a greater length of time by
21 mutual agreement of the parties.
22 (Source: P.A. 101-81, eff. 7-12-19; 102-237, eff. 1-1-22;
23 102-345, eff. 6-1-22; 102-538, eff. 8-20-21; 102-813, eff.
24 5-13-22.)
25 (430 ILCS 67/40)
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1 Sec. 40. Plenary orders.
2 (a) A petitioner may request a firearms restraining order
3 for up to one year by filing an affidavit or verified pleading
4 alleging that the respondent poses a significant danger of
5 causing personal injury to himself, herself, or another in the
6 near future by having in his or her custody or control,
7 purchasing, possessing, or receiving a firearm, ammunition,
8 and firearm parts that could be assembled to make an operable
9 firearm. The petition shall also describe the number, types,
10 and locations of any firearms, ammunition, and firearm parts
11 that could be assembled to make an operable firearm presently
12 believed by the petitioner to be possessed or controlled by
13 the respondent. The firearms restraining order may be renewed
14 for an additional period of up to one year in accordance with
15 Section 45 of this Act.
16 (b) If the respondent is alleged to pose a significant
17 danger of causing personal injury to an intimate partner, or
18 an intimate partner is alleged to have been the target of a
19 threat or act of violence by the respondent, the petitioner
20 shall make a good faith effort to provide notice to any and all
21 intimate partners of the respondent. The notice must include
22 the duration of time that the petitioner intends to petition
23 the court for a firearms restraining order, and, if the
24 petitioner is a law enforcement officer, referral to relevant
25 domestic violence or stalking advocacy or counseling
26 resources, if appropriate. The petitioner shall attest to
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1 having provided the notice in the filed affidavit or verified
2 pleading. If, after making a good faith effort, the petitioner
3 is unable to provide notice to any or all intimate partners,
4 the affidavit or verified pleading should describe what
5 efforts were made.
6 (c) Every person who files a petition for a plenary
7 firearms restraining order, knowing the information provided
8 to the court at any hearing or in the affidavit or verified
9 pleading to be false, is guilty of perjury under Section 32-2
10 of the Criminal Code of 2012.
11 (d) Upon receipt of a petition for a plenary firearms
12 restraining order, the court shall order a hearing within 30
13 days.
14 (e) In determining whether to issue a firearms restraining
15 order under this Section, the court shall consider evidence
16 including, but not limited to, the following:
17 (1) The unlawful and reckless use, display, or
18 brandishing of a firearm, ammunition, and firearm parts
19 that could be assembled to make an operable firearm by the
20 respondent.
21 (2) The history of use, attempted use, or threatened
22 use of physical force by the respondent against another
23 person.
24 (3) Any prior arrest of the respondent for a felony
25 offense.
26 (4) Evidence of the abuse of controlled substances or
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1 alcohol by the respondent.
2 (5) A recent threat of violence or act of violence by
3 the respondent directed toward himself, herself, or
4 another.
5 (6) A violation of an emergency order of protection
6 issued under Section 217 of the Illinois Domestic Violence
7 Act of 1986 or Section 112A-17 of the Code of Criminal
8 Procedure of 1963 or of an order of protection issued
9 under Section 214 of the Illinois Domestic Violence Act of
10 1986 or Section 112A-14 of the Code of Criminal Procedure
11 of 1963.
12 (7) A pattern of violent acts or violent threats,
13 including, but not limited to, threats of violence or acts
14 of violence by the respondent directed toward himself,
15 herself, or another.
16 (f) At the hearing, the petitioner shall have the burden
17 of proving, by clear and convincing evidence, that the
18 respondent poses a significant danger of personal injury to
19 himself, herself, or another by having in his or her custody or
20 control, purchasing, possessing, or receiving a firearm,
21 ammunition, and firearm parts that could be assembled to make
22 an operable firearm.
23 (g) If the court finds that there is clear and convincing
24 evidence to issue a plenary firearms restraining order, the
25 court shall issue a firearms restraining order that shall be
26 in effect for up to one year, but not less than 6 months,
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1 subject to renewal under Section 45 of this Act or termination
2 under that Section.
3 (g-5) If the court issues a plenary firearms restraining
4 order, it shall, upon a finding of probable cause that the
5 respondent possesses firearms, ammunition, and firearm parts
6 that could be assembled to make an operable firearm, issue a
7 search warrant directing a law enforcement agency to seize the
8 respondent's firearms, ammunition, and firearm parts that
9 could be assembled to make an operable firearm. The court may,
10 as part of that warrant, direct the law enforcement agency to
11 search the respondent's residence and other places where the
12 court finds there is probable cause to believe he or she is
13 likely to possess the firearms, ammunition, and firearm parts
14 that could be assembled to make an operable firearm. A return
15 of the search warrant shall be filed by the law enforcement
16 agency within 4 days thereafter, setting forth the time, date,
17 and location that the search warrant was executed and what
18 items, if any, were seized.
19 (h) A plenary firearms restraining order shall require:
20 (1) the respondent to refrain from having in his or
21 her custody or control, purchasing, possessing, or
22 receiving additional firearms, ammunition, and firearm
23 parts that could be assembled to make an operable firearm
24 for the duration of the order under Section 8.2 of the
25 Firearm Owners Identification Card Act; and
26 (2) the respondent to comply with Section 9.5 of the
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1 Firearm Owners Identification Card Act and subsection (g)
2 of Section 70 of the Firearm Concealed Carry Act.
3 (i) Except as otherwise provided in subsection (i-5) of
4 this Section, upon expiration of the period of safekeeping, if
5 the firearms, ammunition, and firearm parts that could be
6 assembled to make an operable firearm or Firearm Owner's
7 Identification Card cannot be returned to the respondent
8 because the respondent cannot be located, fails to respond to
9 requests to retrieve the firearms, ammunition, and firearm
10 parts that could be assembled to make an operable firearm, or
11 is not lawfully eligible to possess a firearm, ammunition, and
12 firearm parts that could be assembled to make an operable
13 firearm, upon petition from the local law enforcement agency,
14 the court may order the local law enforcement agency to
15 destroy the firearms, ammunition, and firearm parts that could
16 be assembled to make an operable firearm, use the firearms,
17 ammunition, and firearm parts that could be assembled to make
18 an operable firearm for training purposes, or use the
19 firearms, ammunition, and firearm parts that could be
20 assembled to make an operable firearm for any other
21 application as deemed appropriate by the local law enforcement
22 agency.
23 (i-5) A respondent whose Firearm Owner's Identification
24 Card has been revoked or suspended may petition the court, if
25 the petitioner is present in court or has notice of the
26 respondent's petition, to transfer the respondent's firearm,
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1 ammunition, and firearm parts that could be assembled to make
2 an operable firearm to a person who is lawfully able to possess
3 the firearm, ammunition, and firearm parts that could be
4 assembled to make an operable firearm if the person does not
5 reside at the same address as the respondent. Notice of the
6 petition shall be served upon the person protected by the
7 emergency firearms restraining order. While the order is in
8 effect, the transferee who receives the respondent's firearms,
9 ammunition, and firearm parts that could be assembled to make
10 an operable firearm must swear or affirm by affidavit that he
11 or she shall not transfer the firearm, ammunition, and firearm
12 parts that could be assembled to make an operable firearm to
13 the respondent or to anyone residing in the same residence as
14 the respondent.
15 (i-6) If a person other than the respondent claims title
16 to any firearms, ammunition, and firearm parts that could be
17 assembled to make an operable firearm surrendered under this
18 Section, he or she may petition the court, if the petitioner is
19 present in court or has notice of the petition, to have the
20 firearm, ammunition, and firearm parts that could be assembled
21 to make an operable firearm returned to him or her. If the
22 court determines that person to be the lawful owner of the
23 firearm, ammunition, and firearm parts that could be assembled
24 to make an operable firearm, the firearm, ammunition, and
25 firearm parts that could be assembled to make an operable
26 firearm shall be returned to him or her, provided that:
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1 (1) the firearm, ammunition, and firearm parts that
2 could be assembled to make an operable firearm are removed
3 from the respondent's custody, control, or possession and
4 the lawful owner agrees to store the firearm, ammunition,
5 and firearm parts that could be assembled to make an
6 operable firearm in a manner such that the respondent does
7 not have access to or control of the firearm, ammunition,
8 and firearm parts that could be assembled to make an
9 operable firearm; and
10 (2) the firearm, ammunition, and firearm parts that
11 could be assembled to make an operable firearm are not
12 otherwise unlawfully possessed by the owner.
13 The person petitioning for the return of his or her
14 firearm, ammunition, and firearm parts that could be assembled
15 to make an operable firearm must swear or affirm by affidavit
16 that he or she: (i) is the lawful owner of the firearm,
17 ammunition, and firearm parts that could be assembled to make
18 an operable firearm; (ii) shall not transfer the firearm,
19 ammunition, and firearm parts that could be assembled to make
20 an operable firearm to the respondent; and (iii) will store
21 the firearm, ammunition, and firearm parts that could be
22 assembled to make an operable firearm in a manner that the
23 respondent does not have access to or control of the firearm,
24 ammunition, and firearm parts that could be assembled to make
25 an operable firearm.
26 (j) If the court does not issue a firearms restraining
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1 order at the hearing, the court shall dissolve any emergency
2 firearms restraining order then in effect.
3 (k) When the court issues a firearms restraining order
4 under this Section, the court shall inform the respondent that
5 he or she is entitled to one hearing during the period of the
6 order to request a termination of the order, under Section 45
7 of this Act, and shall provide the respondent with a form to
8 request a hearing.
9 (Source: P.A. 101-81, eff. 7-12-19; 102-237, eff. 1-1-22;
10 102-345, eff. 6-1-22; 102-538, eff. 8-20-21; 102-813, eff.
11 5-13-22; 102-1116, eff. 1-10-23.)
12 Section 70. The Firearm Dealer License Certification Act
13 is amended by changing Section 5-85 as follows:
14 (430 ILCS 68/5-85)
15 Sec. 5-85. Disciplinary sanctions.
16 (a) For violations of this Act not penalized under Section
17 5-15, the Illinois State Police may refuse to renew or
18 restore, or may reprimand, place on probation, suspend,
19 revoke, or take other disciplinary or non-disciplinary action
20 against any licensee, and may impose a fine commensurate with
21 the severity of the violation not to exceed $10,000 for each
22 violation for any of the following, consistent with the
23 Protection of Lawful Commerce in Arms Act, 15 U.S.C. 7901
24 through 7903:
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1 (1) Violations of this Act, or any law applicable to
2 the sale or transfer of firearms.
3 (2) A pattern of practice or other behavior which
4 demonstrates incapacity or incompetency to practice under
5 this Act.
6 (3) Aiding or assisting another person in violating
7 any provision of this Act or rules adopted under this Act.
8 (4) Failing, within 60 days, to provide information in
9 response to a written request made by the Illinois State
10 Police.
11 (5) Conviction of, plea of guilty to, or plea of nolo
12 contendere to any crime that disqualifies the person from
13 obtaining a valid Firearm Owner's Identification Card.
14 (6) Continued practice, although the person has become
15 unfit to practice due to any of the following:
16 (A) Any circumstance that disqualifies the person
17 from obtaining a valid Firearm Owner's Identification
18 Card or concealed carry license.
19 (B) Habitual or excessive use or abuse of drugs
20 defined in law as controlled substances, alcohol, or
21 any other substance that results in the inability to
22 practice with reasonable judgment, skill, or safety.
23 (7) Receiving, directly or indirectly, compensation
24 for any firearms sold or transferred illegally.
25 (8) Discipline by another United States jurisdiction,
26 foreign nation, or governmental agency, if at least one of
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1 the grounds for the discipline is the same or
2 substantially equivalent to those set forth in this Act.
3 (9) Violation of any disciplinary order imposed on a
4 licensee by the Illinois State Police.
5 (10) A finding by the Illinois State Police that the
6 licensee, after having his or her certified license placed
7 on probationary status, has violated the terms of
8 probation.
9 (11) A fraudulent or material misstatement in the
10 completion of an affirmative obligation or inquiry by law
11 enforcement.
12 (b) All fines imposed under this Section shall be paid
13 within 90 days after the effective date of the final order
14 imposing the fine.
15 (Source: P.A. 102-538, eff. 8-20-21.)
16 Section 75. The Wildlife Code is amended by changing
17 Sections 2.11, 2.26, 2.33, and 2.34 as follows:
18 (520 ILCS 5/2.11) (from Ch. 61, par. 2.11)
19 Sec. 2.11. Before any person may lawfully hunt wild
20 turkey, he shall first obtain a "Wild Turkey Hunting Permit"
21 in accordance with the prescribed regulations set forth in an
22 administrative rule of the Department. The fee for a Resident
23 Wild Turkey Hunting Permit shall not exceed $15.
24 Upon submitting suitable evidence of legal residence in
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1 any other state, non-residents shall be charged a fee not to
2 exceed $125 for wild turkey hunting permits.
3 The Department may by administrative rule allocate and
4 issue non-resident Wild Turkey Permits and establish fees for
5 such permits.
6 It shall be unlawful to take wild turkey except by use of a
7 bow and arrow or a shotgun of not larger than 10 gauge nor
8 smaller than .410 bore. The Department may by administrative
9 rule restrict shot size, material, or density. No person while
10 attempting to so take wild turkey may have in his possession
11 any other gun unless in accordance with the Firearm Concealed
12 Carry Act.
13 It shall be unlawful to take, or attempt to take wild
14 turkey except during the time from 1/2 hour before sunrise to
15 1/2 hour after sunset or during such lesser period of time as
16 may be specified by administrative rule, during those days for
17 which an open season is established.
18 It shall be unlawful for any person to take, or attempt to
19 take, wild turkey by use of dogs, horses, automobiles,
20 aircraft or other vehicles, or conveyances, or by the use or
21 aid of bait or baiting of any kind. For the purposes of this
22 Section, "bait" means any material, whether liquid or solid,
23 including food, salt, minerals, and other products, except
24 pure water, that can be ingested, placed, or scattered in such
25 a manner as to attract or lure wild turkeys. "Baiting" means
26 the placement or scattering of bait to attract wild turkeys.
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1 An area is considered as baited during the presence of and for
2 10 consecutive days following the removal of the bait.
3 It is unlawful for any person to take in Illinois or have
4 in his possession more than one wild turkey per valid permit.
5 For the purposes of calculating acreage under this
6 Section, the Department shall, after determining the total
7 acreage of the applicable tract or tracts of land, round
8 remaining fractional portions of an acre greater than or equal
9 to half of an acre up to the next whole acre.
10 For the purposes of taking wild turkey, nothing in this
11 Section shall be construed to prevent the manipulation,
12 including mowing or cutting, of standing crops as a normal
13 agricultural or soil stabilization practice, food plots, or
14 normal agricultural practices, including planting, harvesting,
15 and maintenance such as cultivating. Such manipulation for the
16 purpose of taking wild turkey may be further modified by
17 administrative rule.
18 (Source: P.A. 102-237, eff. 1-1-22; 103-622, eff. 1-1-25.)
19 (520 ILCS 5/2.26) (from Ch. 61, par. 2.26)
20 Sec. 2.26. Deer hunting permits. Any person attempting to
21 take deer shall first obtain a "Deer Hunting Permit" issued by
22 the Department in accordance with its administrative rules.
23 Those rules must provide for the issuance of the following
24 types of resident deer archery permits: (i) a combination
25 permit, consisting of one either-sex permit and one
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1 antlerless-only permit, (ii) a single antlerless-only permit,
2 and (iii) a single either-sex permit. The fee for a Deer
3 Hunting Permit to take deer with either bow and arrow or gun
4 shall not exceed $25 for residents of the State. The
5 Department may by administrative rule provide for non-resident
6 deer hunting permits for which the fee will not exceed $300 in
7 2005, $350 in 2006, and $400 in 2007 and thereafter except as
8 provided below for non-resident landowners and non-resident
9 archery hunters. The Department may by administrative rule
10 provide for a non-resident archery deer permit consisting of
11 not more than 2 harvest tags at a total cost not to exceed $325
12 in 2005, $375 in 2006, and $425 in 2007 and thereafter. The
13 fees for a youth resident and non-resident archery deer permit
14 shall be the same.
15 The Department shall create a pilot program during the
16 special 3-day, youth-only deer hunting season to allow for
17 youth deer hunting permits that are valid statewide, excluding
18 those counties or portions of counties closed to firearm deer
19 hunting. The Department shall adopt rules to implement the
20 pilot program. Nothing in this paragraph shall be construed to
21 prohibit the Department from issuing Special Hunt Area Permits
22 for the youth-only deer hunting season or establishing,
23 through administrative rule, additional requirements
24 pertaining to the youth-only deer hunting season on
25 Department-owned or Department-managed sites, including
26 site-specific quotas or drawings. The provisions of this
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1 paragraph are inoperative on and after January 1, 2023.
2 The standards and specifications for use of guns and bow
3 and arrow for deer hunting shall be established by
4 administrative rule.
5 No person may have in his or her possession any firearm not
6 authorized by administrative rule for a specific hunting
7 season when taking deer unless in accordance with the Firearm
8 Concealed Carry Act.
9 Persons having a firearm deer hunting permit shall be
10 permitted to take deer only during the period from 1/2 hour
11 before sunrise to 1/2 hour after sunset, and only during those
12 days for which an open season is established for the taking of
13 deer by use of shotgun, handgun, rifle, or muzzle loading
14 rifle.
15 Persons having an archery deer hunting permit shall be
16 permitted to take deer only during the period from 1/2 hour
17 before sunrise to 1/2 hour after sunset, and only during those
18 days for which an open season is established for the taking of
19 deer by use of bow and arrow.
20 It shall be unlawful for any person to take deer by use of
21 dogs, horses, automobiles, aircraft, or other vehicles, or by
22 the use or aid of bait or baiting of any kind. For the purposes
23 of this Section, "bait" means any material, whether liquid or
24 solid, including food, salt, minerals, and other products,
25 except pure water, that can be ingested, placed, or scattered
26 in such a manner as to attract or lure white-tailed deer.
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1 "Baiting" means the placement or scattering of bait to attract
2 deer. An area is considered as baited during the presence of
3 and for 10 consecutive days following the removal of bait.
4 Nothing in this Section shall prohibit the use of a dog to
5 track wounded deer. Any person using a dog for tracking
6 wounded deer must maintain physical control of the dog at all
7 times by means of a maximum 50-foot 50 foot lead attached to
8 the dog's collar or harness. Tracking wounded deer is
9 permissible at night, but at no time outside of legal deer
10 hunting hours or seasons shall any person handling or
11 accompanying a dog being used for tracking wounded deer be in
12 possession of any firearm or archery device. Persons tracking
13 wounded deer with a dog during the firearm deer seasons shall
14 wear blaze orange or solid blaze pink color as required. Dog
15 handlers tracking wounded deer with a dog are exempt from
16 hunting license and deer permit requirements so long as they
17 are accompanied by the licensed deer hunter who wounded the
18 deer.
19 It shall be unlawful to possess or transport any wild deer
20 which has been injured or killed in any manner upon a public
21 highway or public right-of-way of this State unless exempted
22 by administrative rule.
23 Persons hunting deer must have the gun unloaded and no bow
24 and arrow device shall be carried with the arrow in the nocked
25 position during hours when deer hunting is unlawful.
26 It shall be unlawful for any person, having taken the
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1 legal limit of deer by gun, to further participate with a gun
2 in any deer hunting party.
3 It shall be unlawful for any person, having taken the
4 legal limit of deer by bow and arrow, to further participate
5 with bow and arrow in any deer hunting party.
6 The Department may prohibit upland game hunting during the
7 gun deer season by administrative rule.
8 The Department shall not limit the number of non-resident,
9 either-sex archery deer hunting permits to less than 20,000.
10 Any person who violates any of the provisions of this
11 Section, including administrative rules, shall be guilty of a
12 Class B misdemeanor.
13 For the purposes of calculating acreage under this
14 Section, the Department shall, after determining the total
15 acreage of the applicable tract or tracts of land, round
16 remaining fractional portions of an acre greater than or equal
17 to half of an acre up to the next whole acre.
18 For the purposes of taking white-tailed deer, nothing in
19 this Section shall be construed to prevent the manipulation,
20 including mowing or cutting, of standing crops as a normal
21 agricultural or soil stabilization practice, food plots, or
22 normal agricultural practices, including planting, harvesting,
23 and maintenance such as cultivating or the use of products
24 designed for scent only and not capable of ingestion, solid or
25 liquid, placed or scattered, in such a manner as to attract or
26 lure deer. Such manipulation for the purpose of taking
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1 white-tailed deer may be further modified by administrative
2 rule.
3 (Source: P.A. 101-81, eff. 7-12-19; 101-444, eff. 6-1-20;
4 102-237, eff. 1-1-22; 102-932, eff. 1-1-23; revised 10-23-24.)
5 (520 ILCS 5/2.33)
6 Sec. 2.33. Prohibitions.
7 (a) It is unlawful to carry or possess any gun in any State
8 refuge unless otherwise permitted by administrative rule.
9 (b) It is unlawful to use or possess any snare or
10 snare-like device, deadfall, net, or pit trap to take any
11 species, except that snares not powered by springs or other
12 mechanical devices may be used to trap fur-bearing mammals, in
13 water sets only, if at least one-half of the snare noose is
14 located underwater at all times.
15 (c) It is unlawful for any person at any time to take a
16 wild mammal protected by this Act from its den by means of any
17 mechanical device, spade, or digging device or to use smoke or
18 other gases to dislodge or remove such mammal except as
19 provided in Section 2.37.
20 (d) It is unlawful to use a ferret or any other small
21 mammal which is used in the same or similar manner for which
22 ferrets are used for the purpose of frightening or driving any
23 mammals from their dens or hiding places.
24 (e) (Blank).
25 (f) It is unlawful to use spears, gigs, hooks, or any like
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1 device to take any species protected by this Act.
2 (g) It is unlawful to use poisons, chemicals, or
3 explosives for the purpose of taking any species protected by
4 this Act.
5 (h) It is unlawful to hunt adjacent to or near any peat,
6 grass, brush, or other inflammable substance when it is
7 burning.
8 (i) It is unlawful to take, pursue or intentionally harass
9 or disturb in any manner any wild birds or mammals by use or
10 aid of any vehicle, conveyance, or unmanned aircraft as
11 defined by the Illinois Aeronautics Act, except as permitted
12 by the Code of Federal Regulations for the taking of
13 waterfowl; except that nothing in this subsection shall
14 prohibit the use of unmanned aircraft in the inspection of a
15 public utility facility, tower, or structure or a mobile
16 service facility, tower, or structure by a public utility, as
17 defined in Section 3-105 of the Public Utilities Act, or a
18 provider of mobile services as defined in Section 153 of Title
19 47 of the United States Code. It is also unlawful to use the
20 lights of any vehicle or conveyance, any light connected to
21 any vehicle or conveyance, or any other lighting device or
22 mechanism from inside or on a vehicle or conveyance in any area
23 where wildlife may be found except in accordance with Section
24 2.37 of this Act; however, nothing in this Section shall
25 prohibit the normal use of headlamps for the purpose of
26 driving upon a roadway. For purposes of this Section, any
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1 other lighting device or mechanism shall include, but not be
2 limited to, any device that uses infrared or other light not
3 visible to the naked eye, electronic image intensification,
4 active illumination, thermal imaging, or night vision. Striped
5 skunk, opossum, red fox, gray fox, raccoon, bobcat, and coyote
6 may be taken during the open season by use of a small light
7 which is worn on the body or hand-held by a person on foot and
8 not in any vehicle.
9 (j) It is unlawful to use any shotgun larger than 10 gauge
10 while taking or attempting to take any of the species
11 protected by this Act.
12 (k) It is unlawful to use or possess in the field any
13 shotgun shell loaded with a shot size larger than lead BB or
14 steel T (.20 diameter) when taking or attempting to take any
15 species of wild game mammals (excluding white-tailed deer),
16 wild game birds, migratory waterfowl or migratory game birds
17 protected by this Act, except white-tailed deer as provided
18 for in Section 2.26 and other species as provided for by
19 subsection (l) or administrative rule.
20 (l) It is unlawful to take any species of wild game, except
21 white-tailed deer and fur-bearing mammals, with a shotgun
22 loaded with slugs unless otherwise provided for by
23 administrative rule.
24 (m) It is unlawful to use any shotgun capable of holding
25 more than 3 shells in the magazine or chamber combined, except
26 on game breeding and hunting preserve areas licensed under
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1 Section 3.27 and except as permitted by the Code of Federal
2 Regulations for the taking of waterfowl. If the shotgun is
3 capable of holding more than 3 shells, it shall, while being
4 used on an area other than a game breeding and shooting
5 preserve area licensed pursuant to Section 3.27, be fitted
6 with a one-piece plug that is irremovable without dismantling
7 the shotgun or otherwise altered to render it incapable of
8 holding more than 3 shells in the magazine and chamber,
9 combined.
10 (n) It is unlawful for any person, except persons who
11 possess a permit to hunt from a vehicle as provided in this
12 Section and persons otherwise permitted by law, to have or
13 carry any gun in or on any vehicle, conveyance, or aircraft,
14 unless such gun is unloaded and enclosed in a case, except that
15 at field trials authorized by Section 2.34 of this Act,
16 unloaded guns or guns loaded with blank cartridges only may be
17 carried on horseback while not contained in a case, or to have
18 or carry any bow or arrow device in or on any vehicle unless
19 such bow or arrow device is unstrung or enclosed in a case, or
20 otherwise made inoperable unless in accordance with the
21 Firearm Concealed Carry Act.
22 (o) (Blank).
23 (p) It is unlawful to take game birds, migratory game
24 birds or migratory waterfowl with a rifle, pistol, revolver,
25 or air rifle.
26 (q) It is unlawful to fire a rifle, pistol, revolver, or
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1 air rifle on, over, or into any waters of this State, including
2 frozen waters.
3 (r) It is unlawful to discharge any gun or bow and arrow
4 device along, upon, across, or from any public right-of-way or
5 highway in this State.
6 (s) It is unlawful to use a silencer or other device to
7 muffle or mute the sound of the explosion or report resulting
8 from the firing of any gun.
9 (t) It is unlawful for any person to take or attempt to
10 take any species of wildlife or parts thereof, or allow a dog
11 to hunt, within or upon the land of another, or upon waters
12 flowing over or standing on the land of another, or to
13 knowingly shoot a gun or bow and arrow device at any wildlife
14 physically on or flying over the property of another without
15 first obtaining permission from the owner or the owner's
16 designee. For the purposes of this Section, the owner's
17 designee means anyone who the owner designates in a written
18 authorization and the authorization must contain (i) the legal
19 or common description of property for which such authority is
20 given, (ii) the extent that the owner's designee is authorized
21 to make decisions regarding who is allowed to take or attempt
22 to take any species of wildlife or parts thereof, and (iii) the
23 owner's notarized signature. Before enforcing this Section,
24 the law enforcement officer must have received notice from the
25 owner or the owner's designee of a violation of this Section.
26 Statements made to the law enforcement officer regarding this
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1 notice shall not be rendered inadmissible by the hearsay rule
2 when offered for the purpose of showing the required notice.
3 (u) It is unlawful for any person to discharge any firearm
4 for the purpose of taking any of the species protected by this
5 Act, or hunt with gun or dog, or allow a dog to hunt, within
6 300 yards of an inhabited dwelling without first obtaining
7 permission from the owner or tenant, except that while
8 trapping, hunting with bow and arrow, hunting with dog and
9 shotgun using shot shells only, or hunting with shotgun using
10 shot shells only, or providing outfitting services under a
11 waterfowl outfitter permit, or on licensed game breeding and
12 hunting preserve areas, as defined in Section 3.27, on
13 federally owned and managed lands and on Department owned,
14 managed, leased, or controlled lands, a 100 yard restriction
15 shall apply.
16 (v) It is unlawful for any person to remove fur-bearing
17 mammals from, or to move or disturb in any manner, the traps
18 owned by another person without written authorization of the
19 owner to do so.
20 (w) It is unlawful for any owner of a dog to allow his or
21 her dog to pursue, harass, or kill deer, except that nothing in
22 this Section shall prohibit the tracking of wounded deer with
23 a dog in accordance with the provisions of Section 2.26 of this
24 Code.
25 (x) It is unlawful for any person to wantonly or
26 carelessly injure or destroy, in any manner whatsoever, any
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1 real or personal property on the land of another while engaged
2 in hunting or trapping thereon.
3 (y) It is unlawful to hunt wild game protected by this Act
4 between one-half hour after sunset and one-half hour before
5 sunrise, except that hunting hours between one-half hour after
6 sunset and one-half hour before sunrise may be established by
7 administrative rule for fur-bearing mammals.
8 (z) It is unlawful to take any game bird (excluding wild
9 turkeys and crippled pheasants not capable of normal flight
10 and otherwise irretrievable) protected by this Act when not
11 flying. Nothing in this Section shall prohibit a person from
12 carrying an uncased, unloaded shotgun in a boat, while in
13 pursuit of a crippled migratory waterfowl that is incapable of
14 normal flight, for the purpose of attempting to reduce the
15 migratory waterfowl to possession, provided that the attempt
16 is made immediately upon downing the migratory waterfowl and
17 is done within 400 yards of the blind from which the migratory
18 waterfowl was downed. This exception shall apply only to
19 migratory game birds that are not capable of normal flight.
20 Migratory waterfowl that are crippled may be taken only with a
21 shotgun as regulated by subsection (j) of this Section using
22 shotgun shells as regulated in subsection (k) of this Section.
23 (aa) It is unlawful to use or possess any device that may
24 be used for tree climbing or cutting while hunting fur-bearing
25 mammals, excluding coyotes. However, coyotes may not be hunted
26 utilizing these devices during open season for deer except by
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1 properly licensed deer hunters.
2 (bb) It is unlawful for any person, except licensed game
3 breeders, pursuant to Section 2.29 to import, carry into, or
4 possess alive in this State any species of wildlife taken
5 outside of this State, without obtaining permission to do so
6 from the Director.
7 (cc) It is unlawful for any person to have in his or her
8 possession any freshly killed species protected by this Act
9 during the season closed for taking.
10 (dd) It is unlawful to take any species protected by this
11 Act and retain it alive except as provided by administrative
12 rule.
13 (ee) It is unlawful to possess any rifle while in the field
14 during gun deer season except as provided in Sections 2.25 and
15 2.26 and administrative rules.
16 (ff) It is unlawful for any person to take any species
17 protected by this Act, except migratory waterfowl, during the
18 gun deer hunting season in those counties open to gun deer
19 hunting, unless he or she wears, when in the field, a cap and
20 upper outer garment of a solid blaze orange color or solid
21 blaze pink color, with such articles of clothing displaying a
22 minimum of 400 square inches of blaze orange or solid blaze
23 pink color material.
24 (gg) It is unlawful during the upland game season for any
25 person to take upland game with a firearm unless he or she
26 wears, while in the field, a cap of solid blaze orange color or
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1 solid blaze pink color. For purposes of this Act, upland game
2 is defined as Bobwhite Quail, Hungarian Partridge, Ring-necked
3 Pheasant, Eastern Cottontail, and Swamp Rabbit.
4 (hh) It shall be unlawful to kill or cripple any species
5 protected by this Act for which there is a bag limit without
6 making a reasonable effort to retrieve such species and
7 include such in the bag limit. It shall be unlawful for any
8 person having control over harvested game mammals, game birds,
9 or migratory game birds for which there is a bag limit to
10 wantonly waste or destroy the usable meat of the game, except
11 this shall not apply to wildlife taken under Sections 2.37 or
12 3.22 of this Code. For purposes of this subsection, "usable
13 meat" means the breast meat of a game bird or migratory game
14 bird and the hind ham and front shoulders of a game mammal. It
15 shall be unlawful for any person to place, leave, dump, or
16 abandon a wildlife carcass or parts of it along or upon a
17 public right-of-way or highway or on public or private
18 property, including a waterway or stream, without the
19 permission of the owner or tenant. It shall not be unlawful to
20 discard game meat that is determined to be unfit for human
21 consumption.
22 (ii) This Section shall apply only to those species
23 protected by this Act taken within the State. Any species or
24 any parts thereof, legally taken in and transported from other
25 states or countries, may be possessed within the State, except
26 as provided in this Section and Sections 2.35, 2.36, and 3.21.
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1 (jj) (Blank).
2 (kk) Nothing contained in this Section shall prohibit the
3 Director from issuing permits to paraplegics or to other
4 persons with disabilities who meet the requirements set forth
5 in administrative rule to shoot or hunt from a vehicle as
6 provided by that rule, provided that such is otherwise in
7 accord with this Act.
8 (ll) Nothing contained in this Act shall prohibit the
9 taking of aquatic life protected by the Fish and Aquatic Life
10 Code or birds and mammals protected by this Act, except deer
11 and fur-bearing mammals, from a boat not camouflaged or
12 disguised to alter its identity or to further provide a place
13 of concealment and not propelled by sail or mechanical power.
14 However, only shotguns not larger than 10 gauge nor smaller
15 than .410 bore loaded with not more than 3 shells of a shot
16 size no larger than lead BB or steel T (.20 diameter) may be
17 used to take species protected by this Act.
18 (mm) Nothing contained in this Act shall prohibit the use
19 of a shotgun, not larger than 10 gauge nor smaller than a 20
20 gauge, with a rifled barrel.
21 (nn) It shall be unlawful to possess any species of
22 wildlife or wildlife parts taken unlawfully in Illinois, any
23 other state, or any other country, whether or not the wildlife
24 or wildlife parts are indigenous to Illinois. For the purposes
25 of this subsection, the statute of limitations for unlawful
26 possession of wildlife or wildlife parts shall not cease until
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1 2 years after the possession has permanently ended.
2 (oo) It is unlawful while deer hunting:
3 (1) to possess or be in close proximity to a rifle that
4 is not centerfire; or
5 (2) to be in possession of or in close proximity to a
6 magazine that is capable of making a rifle not a single
7 shot.
8 (Source: P.A. 102-237, eff. 1-1-22; 102-837, eff. 5-13-22;
9 102-932, eff. 1-1-23; 103-154, eff. 6-30-23.)
10 (520 ILCS 5/2.34) (from Ch. 61, par. 2.34)
11 Sec. 2.34. Dog trials.
12 (a) Dogs of any breed may be trained the year round in
13 accordance with the provisions of this Act.
14 (b) During the periods of time when it is unlawful to take
15 species protected by this Act, the only firearms which shall
16 be used in the training of dogs from sunrise to sunset shall be
17 pistols with blank cartridges. No other gun or ammunition may
18 be in immediate possession during this time. No person or
19 persons in, along with, or accompanying the dog training
20 party, shall be in possession of any firearm or live
21 ammunition, except pistols capable of firing only blank
22 cartridges during the hours from sunset to sunrise. All
23 organized field trials or training grounds approved by the
24 Department shall be exempt from this provision unless in
25 accordance with the Firearm Concealed Carry Act.
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1 (c) No field trial shall be held without a permit from the
2 Department.
3 The following Department areas shall be designated as
4 horseback field trial sites; Lee County Conservation Area, Des
5 Plaines Conservation Area, Moraine View State Park, Middle
6 Fork Fish and Wildlife Area, Hamilton County Conservation
7 Area, and Wayne Fitzgerrell State Park. The Department shall
8 provide and maintain quality wildlife habitat on these sites.
9 Field trials shall be scheduled only from September 1
10 through April 30 in the Northern Zone and September 1 through
11 April 15 in the Southern Zone. The Department maintains the
12 authority to schedule and administer field trials. The
13 boundary between the Northern Zone and the Southern Zone shall
14 be U.S. Route 36. However, (i) if the opening date of the field
15 trial season falls on Sunday, the season will begin on
16 Saturday of that weekend; and (ii) if the closing date of the
17 field trial season falls on Saturday, the season will conclude
18 on Sunday of that weekend; and (iii) if during the final days
19 of the field trial season a field trial organization begins a
20 field trial which is subsequently interrupted due to inclement
21 weather, the field trial organization may complete the trial,
22 subject to the Department's approval, even though the field
23 trial season has ended. The field trial organization must
24 complete the trial on the first possible day or days. Field
25 trials for the retrieving breeds are exempt from these field
26 trials season provisions and shall have no closed season.
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1 The fee for field trials shall be established by the
2 Department by rule.
3 (d) The Department is authorized to designate dog training
4 areas and to grant permits for all field trials including
5 those field trials where game birds reared under Section 3.23
6 are released and taken in accordance with the rules and
7 regulations set forth by the Department. Applications for
8 permits for such trials and training areas shall be
9 accompanied by detailed information as to the date and the
10 location of the grounds where such trial area or training
11 grounds is located. Applicants for field trial or dog training
12 permits must have the consent of the landowner prior to
13 applying for such permit. Fees and other regulations will be
14 set by administrative rule.
15 (e) All permits for designated dog training areas shall
16 expire March 31st of each year.
17 (f) Permit holders for designated dog training areas must
18 possess a wild game breeder's permit or a game breeding and
19 hunting preserve area permit and may utilize live bird recall
20 devices on such areas.
21 (g) Nothing shall prevent an individual from using a dog
22 in the taking of squirrel during the open season.
23 (h) All hand reared game released and shot at field trials
24 shall be properly identified with tags as provided for by this
25 Act and such birds shall be banded before they are removed from
26 the field trial area.
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1 (Source: P.A. 102-237, eff. 1-1-22.)
2 Section 80. The Criminal Code of 2012 is amended by
3 changing Sections 24-1, 24-1.6, 24-1.9, 24-1.10, 24-2, and
4 24-3 as follows:
5 (720 ILCS 5/24-1) (from Ch. 38, par. 24-1)
6 Sec. 24-1. Unlawful possession of weapons.
7 (a) A person commits the offense of unlawful possession of
8 weapons when he knowingly:
9 (1) Sells, manufactures, purchases, possesses or
10 carries any bludgeon, black-jack, slung-shot, sand-club,
11 sand-bag, metal knuckles or other knuckle weapon
12 regardless of its composition, throwing star, or any
13 knife, commonly referred to as a switchblade knife, which
14 has a blade that opens automatically by hand pressure
15 applied to a button, spring or other device in the handle
16 of the knife, or a ballistic knife, which is a device that
17 propels a knifelike blade as a projectile by means of a
18 coil spring, elastic material or compressed gas; or
19 (2) Carries or possesses with intent to use the same
20 unlawfully against another, a dagger, dirk, billy,
21 dangerous knife, razor, stiletto, broken bottle or other
22 piece of glass, stun gun or taser or any other dangerous or
23 deadly weapon or instrument of like character; or
24 (2.5) Carries or possesses with intent to use the same
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1 unlawfully against another, any firearm in a church,
2 synagogue, mosque, or other building, structure, or place
3 used for religious worship; or
4 (3) Carries on or about his person or in any vehicle, a
5 tear gas gun projector or bomb or any object containing
6 noxious liquid gas or substance, other than an object
7 containing a non-lethal noxious liquid gas or substance
8 designed solely for personal defense carried by a person
9 18 years of age or older; or
10 (4) Carries or possesses in any vehicle or concealed
11 on or about his person except when on his land or in his
12 own abode, legal dwelling, or fixed place of business, or
13 on the land or in the legal dwelling of another person as
14 an invitee with that person's permission, any pistol,
15 revolver, stun gun or taser or other firearm, except that
16 this subsection (a)(4) does not apply to or affect
17 transportation of weapons that meet one of the following
18 conditions:
19 (i) are broken down in a non-functioning state; or
20 (ii) are not immediately accessible; or
21 (iii) are unloaded and enclosed in a case, firearm
22 carrying box, shipping box, or other container by a
23 person who has been issued a currently valid Firearm
24 Owner's Identification Card; or
25 (iv) are carried or possessed in accordance with
26 the Firearm Concealed Carry Act by a person who has
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1 been issued a currently valid Firearm Owner's
2 Identification Card under the Firearm Owners
3 Identification Card Act license under the Firearm
4 Concealed Carry Act; or
5 (5) Sets a spring gun; or
6 (6) Possesses any device or attachment of any kind
7 designed, used or intended for use in silencing the report
8 of any firearm; or
9 (7) Sells, manufactures, purchases, possesses or
10 carries:
11 (i) a machine gun, which shall be defined for the
12 purposes of this subsection as any weapon, which
13 shoots, is designed to shoot, or can be readily
14 restored to shoot, automatically more than one shot
15 without manually reloading by a single function of the
16 trigger, including the frame or receiver of any such
17 weapon, or sells, manufactures, purchases, possesses,
18 or carries any combination of parts designed or
19 intended for use in converting any weapon into a
20 machine gun, or any combination or parts from which a
21 machine gun can be assembled if such parts are in the
22 possession or under the control of a person;
23 (ii) any rifle having one or more barrels less
24 than 16 inches in length or a shotgun having one or
25 more barrels less than 18 inches in length or any
26 weapon made from a rifle or shotgun, whether by
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1 alteration, modification, or otherwise, if such a
2 weapon as modified has an overall length of less than
3 26 inches; or
4 (iii) any bomb, bomb-shell, grenade, bottle or
5 other container containing an explosive substance of
6 over one-quarter ounce for like purposes, such as, but
7 not limited to, black powder bombs and Molotov
8 cocktails or artillery projectiles; or
9 (8) Carries or possesses any firearm, stun gun or
10 taser or other deadly weapon in any place which is
11 licensed to sell intoxicating beverages, or at any public
12 gathering held pursuant to a license issued by any
13 governmental body or any public gathering at which an
14 admission is charged, excluding a place where a showing,
15 demonstration or lecture involving the exhibition of
16 unloaded firearms is conducted.
17 This subsection (a)(8) does not apply to any auction
18 or raffle of a firearm held pursuant to a license or permit
19 issued by a governmental body, nor does it apply to
20 persons engaged in firearm safety training courses; or
21 (9) Carries or possesses in a vehicle or on or about
22 his or her person any pistol, revolver, stun gun or taser
23 or firearm or ballistic knife, when he or she is hooded,
24 robed or masked in such manner as to conceal his or her
25 identity; or
26 (10) Carries or possesses on or about his or her
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1 person, upon any public street, alley, or other public
2 lands within the corporate limits of a city, village, or
3 incorporated town, except when an invitee thereon or
4 therein, for the purpose of the display of such weapon or
5 the lawful commerce in weapons, or except when on his land
6 or in his or her own abode, legal dwelling, or fixed place
7 of business, or on the land or in the legal dwelling of
8 another person as an invitee with that person's
9 permission, any pistol, revolver, stun gun, or taser or
10 other firearm, except that this subsection (a)(10) does
11 not apply to or affect transportation of weapons that meet
12 one of the following conditions:
13 (i) are broken down in a non-functioning state; or
14 (ii) are not immediately accessible; or
15 (iii) are unloaded and enclosed in a case, firearm
16 carrying box, shipping box, or other container by a
17 person who has been issued a currently valid Firearm
18 Owner's Identification Card; or
19 (iv) are carried or possessed in accordance with
20 the Firearm Owners Identification Card Act Concealed
21 Carry Act by a person who has been issued a currently
22 valid license under the Firearm Owner's Identification
23 Card Concealed Carry Act.
24 A "stun gun or taser", as used in this paragraph (a)
25 means (i) any device which is powered by electrical
26 charging units, such as, batteries, and which fires one or
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1 several barbs attached to a length of wire and which, upon
2 hitting a human, can send out a current capable of
3 disrupting the person's nervous system in such a manner as
4 to render him incapable of normal functioning or (ii) any
5 device which is powered by electrical charging units, such
6 as batteries, and which, upon contact with a human or
7 clothing worn by a human, can send out current capable of
8 disrupting the person's nervous system in such a manner as
9 to render him incapable of normal functioning; or
10 (11) Sells, manufactures, delivers, imports,
11 possesses, or purchases any assault weapon attachment or
12 .50 caliber cartridge in violation of Section 24-1.9 or
13 any explosive bullet. For purposes of this paragraph (a)
14 "explosive bullet" means the projectile portion of an
15 ammunition cartridge which contains or carries an
16 explosive charge which will explode upon contact with the
17 flesh of a human or an animal. "Cartridge" means a tubular
18 metal case having a projectile affixed at the front
19 thereof and a cap or primer at the rear end thereof, with
20 the propellant contained in such tube between the
21 projectile and the cap; or
22 (12) (Blank); or
23 (13) Carries or possesses on or about his or her
24 person while in a building occupied by a unit of
25 government, a billy club, other weapon of like character,
26 or other instrument of like character intended for use as
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1 a weapon. For the purposes of this Section, "billy club"
2 means a short stick or club commonly carried by police
3 officers which is either telescopic or constructed of a
4 solid piece of wood or other man-made material; or
5 (14) Manufactures, possesses, sells, or offers to
6 sell, purchase, manufacture, import, transfer, or use any
7 device, part, kit, tool, accessory, or combination of
8 parts that is designed to and functions to increase the
9 rate of fire of a semiautomatic firearm above the standard
10 rate of fire for semiautomatic firearms that is not
11 equipped with that device, part, or combination of parts;
12 or
13 (15) Carries or possesses any assault weapon or .50
14 caliber rifle in violation of Section 24-1.9; or
15 (16) Manufactures, sells, delivers, imports, or
16 purchases any assault weapon or .50 caliber rifle in
17 violation of Section 24-1.9.
18 (b) Sentence. A person convicted of a violation of
19 subsection 24-1(a)(1) through (5), subsection 24-1(a)(10),
20 subsection 24-1(a)(11), subsection 24-1(a)(13), or 24-1(a)(15)
21 commits a Class A misdemeanor. A person convicted of a
22 violation of subsection 24-1(a)(8) or 24-1(a)(9) commits a
23 Class 4 felony; a person convicted of a violation of
24 subsection 24-1(a)(6), 24-1(a)(7)(ii), 24-1(a)(7)(iii), or
25 24-1(a)(16) commits a Class 3 felony. A person convicted of a
26 violation of subsection 24-1(a)(7)(i) commits a Class 2 felony
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1 and shall be sentenced to a term of imprisonment of not less
2 than 3 years and not more than 7 years, unless the weapon is
3 possessed in the passenger compartment of a motor vehicle as
4 defined in Section 1-146 of the Illinois Vehicle Code, or on
5 the person, while the weapon is loaded, in which case it shall
6 be a Class X felony. A person convicted of a second or
7 subsequent violation of subsection 24-1(a)(4), 24-1(a)(8),
8 24-1(a)(9), 24-1(a)(10), or 24-1(a)(15) commits a Class 3
9 felony. A person convicted of a violation of subsection
10 24-1(a)(2.5) or 24-1(a)(14) commits a Class 2 felony. The
11 possession of each weapon or device in violation of this
12 Section constitutes a single and separate violation.
13 (c) Violations in specific places.
14 (1) A person who violates subsection 24-1(a)(6) or
15 24-1(a)(7) in any school, regardless of the time of day or
16 the time of year, in residential property owned, operated
17 or managed by a public housing agency or leased by a public
18 housing agency as part of a scattered site or mixed-income
19 development, in a public park, in a courthouse, on the
20 real property comprising any school, regardless of the
21 time of day or the time of year, on residential property
22 owned, operated or managed by a public housing agency or
23 leased by a public housing agency as part of a scattered
24 site or mixed-income development, on the real property
25 comprising any public park, on the real property
26 comprising any courthouse, in any conveyance owned, leased
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1 or contracted by a school to transport students to or from
2 school or a school related activity, in any conveyance
3 owned, leased, or contracted by a public transportation
4 agency, or on any public way within 1,000 feet of the real
5 property comprising any school, public park, courthouse,
6 public transportation facility, or residential property
7 owned, operated, or managed by a public housing agency or
8 leased by a public housing agency as part of a scattered
9 site or mixed-income development commits a Class 2 felony
10 and shall be sentenced to a term of imprisonment of not
11 less than 3 years and not more than 7 years.
12 (1.5) A person who violates subsection 24-1(a)(4),
13 24-1(a)(9), or 24-1(a)(10) in any school, regardless of
14 the time of day or the time of year, in residential
15 property owned, operated, or managed by a public housing
16 agency or leased by a public housing agency as part of a
17 scattered site or mixed-income development, in a public
18 park, in a courthouse, on the real property comprising any
19 school, regardless of the time of day or the time of year,
20 on residential property owned, operated, or managed by a
21 public housing agency or leased by a public housing agency
22 as part of a scattered site or mixed-income development,
23 on the real property comprising any public park, on the
24 real property comprising any courthouse, in any conveyance
25 owned, leased, or contracted by a school to transport
26 students to or from school or a school related activity,
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1 in any conveyance owned, leased, or contracted by a public
2 transportation agency, or on any public way within 1,000
3 feet of the real property comprising any school, public
4 park, courthouse, public transportation facility, or
5 residential property owned, operated, or managed by a
6 public housing agency or leased by a public housing agency
7 as part of a scattered site or mixed-income development
8 commits a Class 3 felony.
9 (2) A person who violates subsection 24-1(a)(1),
10 24-1(a)(2), or 24-1(a)(3) in any school, regardless of the
11 time of day or the time of year, in residential property
12 owned, operated or managed by a public housing agency or
13 leased by a public housing agency as part of a scattered
14 site or mixed-income development, in a public park, in a
15 courthouse, on the real property comprising any school,
16 regardless of the time of day or the time of year, on
17 residential property owned, operated or managed by a
18 public housing agency or leased by a public housing agency
19 as part of a scattered site or mixed-income development,
20 on the real property comprising any public park, on the
21 real property comprising any courthouse, in any conveyance
22 owned, leased or contracted by a school to transport
23 students to or from school or a school related activity,
24 in any conveyance owned, leased, or contracted by a public
25 transportation agency, or on any public way within 1,000
26 feet of the real property comprising any school, public
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1 park, courthouse, public transportation facility, or
2 residential property owned, operated, or managed by a
3 public housing agency or leased by a public housing agency
4 as part of a scattered site or mixed-income development
5 commits a Class 4 felony. "Courthouse" means any building
6 that is used by the Circuit, Appellate, or Supreme Court
7 of this State for the conduct of official business.
8 (3) Paragraphs (1), (1.5), and (2) of this subsection
9 (c) shall not apply to law enforcement officers or
10 security officers of such school, college, or university
11 or to students carrying or possessing firearms for use in
12 training courses, parades, hunting, target shooting on
13 school ranges, or otherwise with the consent of school
14 authorities and which firearms are transported unloaded
15 enclosed in a suitable case, box, or transportation
16 package.
17 (4) For the purposes of this subsection (c), "school"
18 means any public or private elementary or secondary
19 school, community college, college, or university.
20 (5) For the purposes of this subsection (c), "public
21 transportation agency" means a public or private agency
22 that provides for the transportation or conveyance of
23 persons by means available to the general public, except
24 for transportation by automobiles not used for conveyance
25 of the general public as passengers; and "public
26 transportation facility" means a terminal or other place
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1 where one may obtain public transportation.
2 (d) The presence in an automobile other than a public
3 omnibus of any weapon, instrument or substance referred to in
4 subsection (a)(7) is prima facie evidence that it is in the
5 possession of, and is being carried by, all persons occupying
6 such automobile at the time such weapon, instrument or
7 substance is found, except under the following circumstances:
8 (i) if such weapon, instrument or instrumentality is found
9 upon the person of one of the occupants therein; or (ii) if
10 such weapon, instrument or substance is found in an automobile
11 operated for hire by a duly licensed driver in the due, lawful
12 and proper pursuit of his or her trade, then such presumption
13 shall not apply to the driver.
14 (e) Exemptions.
15 (1) Crossbows, Common or Compound bows and Underwater
16 Spearguns are exempted from the definition of ballistic
17 knife as defined in paragraph (1) of subsection (a) of
18 this Section.
19 (2) The provision of paragraph (1) of subsection (a)
20 of this Section prohibiting the sale, manufacture,
21 purchase, possession, or carrying of any knife, commonly
22 referred to as a switchblade knife, which has a blade that
23 opens automatically by hand pressure applied to a button,
24 spring or other device in the handle of the knife, does not
25 apply to a person who possesses a currently valid Firearm
26 Owner's Identification Card previously issued in his or
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1 her name by the Illinois State Police or to a person or an
2 entity engaged in the business of selling or manufacturing
3 switchblade knives.
4 (Source: P.A. 102-538, eff. 8-20-21; 102-1116, eff. 1-10-23;
5 103-822, eff. 1-1-25.)
6 (720 ILCS 5/24-1.6)
7 Sec. 24-1.6. Aggravated unlawful possession of a weapon.
8 (a) A person commits the offense of aggravated unlawful
9 possession of a weapon when he or she knowingly:
10 (1) Carries on or about his or her person or in any
11 vehicle or concealed on or about his or her person except
12 when on his or her land or in his or her abode, legal
13 dwelling, or fixed place of business, or on the land or in
14 the legal dwelling of another person as an invitee with
15 that person's permission, any pistol, revolver, stun gun
16 or taser or other firearm; or
17 (2) Carries or possesses on or about his or her
18 person, upon any public street, alley, or other public
19 lands within the corporate limits of a city, village or
20 incorporated town, except when an invitee thereon or
21 therein, for the purpose of the display of such weapon or
22 the lawful commerce in weapons, or except when on his or
23 her own land or in his or her own abode, legal dwelling, or
24 fixed place of business, or on the land or in the legal
25 dwelling of another person as an invitee with that
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1 person's permission, any pistol, revolver, stun gun or
2 taser or other firearm; and
3 (3) One of the following factors is present:
4 (A) the firearm, other than a pistol, revolver, or
5 handgun, possessed was uncased, loaded, and
6 immediately accessible at the time of the offense; or
7 (A-5) the pistol, revolver, or handgun possessed
8 was uncased, loaded, and immediately accessible at the
9 time of the offense and the person possessing the
10 pistol, revolver, or handgun has not been issued a
11 currently valid Firearm Owner's Identification Card
12 under the Firearm Owners Identification Card license
13 under the Firearm Concealed Carry Act; or
14 (B) the firearm, other than a pistol, revolver, or
15 handgun, possessed was uncased, unloaded, and the
16 ammunition for the weapon was immediately accessible
17 at the time of the offense; or
18 (B-5) the pistol, revolver, or handgun possessed
19 was uncased, unloaded, and the ammunition for the
20 weapon was immediately accessible at the time of the
21 offense and the person possessing the pistol,
22 revolver, or handgun has not been issued a currently
23 valid Firearm Owner's Identification Card under the
24 Firearm Owners Identification Card license under the
25 Firearm Concealed Carry Act; or
26 (C) the person possessing the firearm has not been
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1 issued a currently valid Firearm Owner's
2 Identification Card; or
3 (D) the person possessing the weapon was
4 previously adjudicated a delinquent minor under the
5 Juvenile Court Act of 1987 for an act that if committed
6 by an adult would be a felony; or
7 (E) the person possessing the weapon was engaged
8 in a misdemeanor violation of the Cannabis Control
9 Act, in a misdemeanor violation of the Illinois
10 Controlled Substances Act, or in a misdemeanor
11 violation of the Methamphetamine Control and Community
12 Protection Act; or
13 (F) (blank); or
14 (G) the person possessing the weapon had an order
15 of protection issued against him or her within the
16 previous 2 years; or
17 (H) the person possessing the weapon was engaged
18 in the commission or attempted commission of a
19 misdemeanor involving the use or threat of violence
20 against the person or property of another; or
21 (I) the person possessing the weapon was under 21
22 years of age and in possession of a handgun, unless the
23 person under 21 is engaged in lawful activities under
24 the Wildlife Code or described in subsection
25 24-2(b)(1), (b)(3), or 24-2(f).
26 (a-5) "Handgun" as used in this Section has the meaning
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1 given to it in Section 13.1 of the Firearm Owners
2 Identification Card Section 5 of the Firearm Concealed Carry
3 Act.
4 (b) "Stun gun or taser" as used in this Section has the
5 same definition given to it in Section 24-1 of this Code.
6 (c) This Section does not apply to or affect the
7 transportation or possession of weapons that:
8 (i) are broken down in a non-functioning state; or
9 (ii) are not immediately accessible; or
10 (iii) are unloaded and enclosed in a case, firearm
11 carrying box, shipping box, or other container by a person
12 who has been issued a currently valid Firearm Owner's
13 Identification Card.
14 (d) Sentence.
15 (1) Aggravated unlawful possession of a weapon is a
16 Class 4 felony; a second or subsequent offense is a Class 2
17 felony for which the person shall be sentenced to a term of
18 imprisonment of not less than 3 years and not more than 7
19 years, except as provided for in Section 5-4.5-110 of the
20 Unified Code of Corrections.
21 (2) Except as otherwise provided in paragraphs (3) and
22 (4) of this subsection (d), a first offense of aggravated
23 unlawful possession of a weapon committed with a firearm
24 by a person 18 years of age or older where the factors
25 listed in both items (A) and (C) or both items (A-5) and
26 (C) of paragraph (3) of subsection (a) are present is a
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1 Class 4 felony, for which the person shall be sentenced to
2 a term of imprisonment of not less than one year and not
3 more than 3 years.
4 (3) Aggravated unlawful possession of a weapon by a
5 person who has been previously convicted of a felony in
6 this State or another jurisdiction is a Class 2 felony for
7 which the person shall be sentenced to a term of
8 imprisonment of not less than 3 years and not more than 7
9 years, except as provided for in Section 5-4.5-110 of the
10 Unified Code of Corrections.
11 (4) Aggravated unlawful possession of a weapon while
12 wearing or in possession of body armor as defined in
13 Section 33F-1 by a person who has not been issued a valid
14 Firearms Owner's Identification Card in accordance with
15 Section 5 of the Firearm Owners Identification Card Act is
16 a Class X felony.
17 (e) The possession of each firearm in violation of this
18 Section constitutes a single and separate violation.
19 (Source: P.A. 103-822, eff. 1-1-25.)
20 (720 ILCS 5/24-1.9)
21 Sec. 24-1.9. Manufacture, possession, delivery, sale, and
22 purchase of assault weapons, .50 caliber rifles, and .50
23 caliber cartridges.
24 (a) Definitions. In this Section:
25 (1) "Assault weapon" means any of the following, except as
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1 provided in subdivision (2) of this subsection:
2 (A) A semiautomatic rifle that has the capacity to
3 accept a detachable magazine or that may be readily
4 modified to accept a detachable magazine, if the firearm
5 has one or more of the following:
6 (i) a pistol grip or thumbhole stock;
7 (ii) any feature capable of functioning as a
8 protruding grip that can be held by the non-trigger
9 hand;
10 (iii) a folding, telescoping, thumbhole, or
11 detachable stock, or a stock that is otherwise
12 foldable or adjustable in a manner that operates to
13 reduce the length, size, or any other dimension, or
14 otherwise enhances the concealability of, the weapon;
15 (iv) a flash suppressor;
16 (v) a grenade launcher;
17 (vi) a shroud attached to the barrel or that
18 partially or completely encircles the barrel, allowing
19 the bearer to hold the firearm with the non-trigger
20 hand without being burned, but excluding a slide that
21 encloses the barrel.
22 (B) A semiautomatic rifle that has a fixed magazine
23 with the capacity to accept more than 10 rounds, except
24 for an attached tubular device designed to accept, and
25 capable of operating only with, .22 caliber rimfire
26 ammunition.
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1 (C) A semiautomatic pistol that has the capacity to
2 accept a detachable magazine or that may be readily
3 modified to accept a detachable magazine, if the firearm
4 has one or more of the following:
5 (i) a threaded barrel;
6 (ii) a second pistol grip or another feature
7 capable of functioning as a protruding grip that can
8 be held by the non-trigger hand;
9 (iii) a shroud attached to the barrel or that
10 partially or completely encircles the barrel, allowing
11 the bearer to hold the firearm with the non-trigger
12 hand without being burned, but excluding a slide that
13 encloses the barrel;
14 (iv) a flash suppressor;
15 (v) the capacity to accept a detachable magazine
16 at some location outside of the pistol grip; or
17 (vi) a buffer tube, arm brace, or other part that
18 protrudes horizontally behind the pistol grip and is
19 designed or redesigned to allow or facilitate a
20 firearm to be fired from the shoulder.
21 (D) A semiautomatic pistol that has a fixed magazine
22 with the capacity to accept more than 15 rounds.
23 (E) Any shotgun with a revolving cylinder.
24 (F) A semiautomatic shotgun that has one or more of
25 the following:
26 (i) a pistol grip or thumbhole stock;
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1 (ii) any feature capable of functioning as a
2 protruding grip that can be held by the non-trigger
3 hand;
4 (iii) a folding or thumbhole stock;
5 (iv) a grenade launcher;
6 (v) a fixed magazine with the capacity of more
7 than 5 rounds; or
8 (vi) the capacity to accept a detachable magazine.
9 (G) Any semiautomatic firearm that has the capacity to
10 accept a belt ammunition feeding device.
11 (H) Any firearm that has been modified to be operable
12 as an assault weapon as defined in this Section.
13 (I) Any part or combination of parts designed or
14 intended to convert a firearm into an assault weapon,
15 including any combination of parts from which an assault
16 weapon may be readily assembled if those parts are in the
17 possession or under the control of the same person.
18 (J) All of the following rifles, copies, duplicates,
19 variants, or altered facsimiles with the capability of any
20 such weapon:
21 (i) All AK types, including the following:
22 (I) AK, AK47, AK47S, AK-74, AKM, AKS, ARM,
23 MAK90, MISR, NHM90, NHM91, SA85, SA93, Vector Arms
24 AK-47, VEPR, WASR-10, and WUM.
25 (II) IZHMASH Saiga AK.
26 (III) MAADI AK47 and ARM.
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1 (IV) Norinco 56S, 56S2, 84S, and 86S.
2 (V) Poly Technologies AK47 and AKS.
3 (VI) SKS with a detachable magazine.
4 (ii) all AR types, including the following:
5 (I) AR-10.
6 (II) AR-15.
7 (III) Alexander Arms Overmatch Plus 16.
8 (IV) Armalite M15 22LR Carbine.
9 (V) Armalite M15-T.
10 (VI) Barrett REC7.
11 (VII) Beretta AR-70.
12 (VIII) Black Rain Ordnance Recon Scout.
13 (IX) Bushmaster ACR.
14 (X) Bushmaster Carbon 15.
15 (XI) Bushmaster MOE series.
16 (XII) Bushmaster XM15.
17 (XIII) Chiappa Firearms MFour rifles.
18 (XIV) Colt Match Target rifles.
19 (XV) CORE Rifle Systems CORE15 rifles.
20 (XVI) Daniel Defense M4A1 rifles.
21 (XVII) Devil Dog Arms 15 Series rifles.
22 (XVIII) Diamondback DB15 rifles.
23 (XIX) DoubleStar AR rifles.
24 (XX) DPMS Tactical rifles.
25 (XXI) DSA Inc. ZM-4 Carbine.
26 (XXII) Heckler & Koch MR556.
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1 (XXIII) High Standard HSA-15 rifles.
2 (XXIV) Jesse James Nomad AR-15 rifle.
3 (XXV) Knight's Armament SR-15.
4 (XXVI) Lancer L15 rifles.
5 (XXVII) MGI Hydra Series rifles.
6 (XXVIII) Mossberg MMR Tactical rifles.
7 (XXIX) Noreen Firearms BN 36 rifle.
8 (XXX) Olympic Arms.
9 (XXXI) POF USA P415.
10 (XXXII) Precision Firearms AR rifles.
11 (XXXIII) Remington R-15 rifles.
12 (XXXIV) Rhino Arms AR rifles.
13 (XXXV) Rock River Arms LAR-15 or Rock River
14 Arms LAR-47.
15 (XXXVI) Sig Sauer SIG516 rifles and MCX
16 rifles.
17 (XXXVII) Smith & Wesson M&P15 rifles.
18 (XXXVIII) Stag Arms AR rifles.
19 (XXXIX) Sturm, Ruger & Co. SR556 and AR-556
20 rifles.
21 (XL) Uselton Arms Air-Lite M-4 rifles.
22 (XLI) Windham Weaponry AR rifles.
23 (XLII) WMD Guns Big Beast.
24 (XLIII) Yankee Hill Machine Company, Inc.
25 YHM-15 rifles.
26 (iii) Barrett M107A1.
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1 (iv) Barrett M82A1.
2 (v) Beretta CX4 Storm.
3 (vi) Calico Liberty Series.
4 (vii) CETME Sporter.
5 (viii) Daewoo K-1, K-2, Max 1, Max 2, AR 100, and
6 AR 110C.
7 (ix) Fabrique Nationale/FN Herstal FAL, LAR, 22
8 FNC, 308 Match, L1A1 Sporter, PS90, SCAR, and FS2000.
9 (x) Feather Industries AT-9.
10 (xi) Galil Model AR and Model ARM.
11 (xii) Hi-Point Carbine.
12 (xiii) HK-91, HK-93, HK-94, HK-PSG-1, and HK USC.
13 (xiv) IWI TAVOR, Galil ACE rifle.
14 (xv) Kel-Tec Sub-2000, SU-16, and RFB.
15 (xvi) SIG AMT, SIG PE-57, Sig Sauer SG 550, Sig
16 Sauer SG 551, and SIG MCX.
17 (xvii) Springfield Armory SAR-48.
18 (xviii) Steyr AUG.
19 (xix) Sturm, Ruger & Co. Mini-14 Tactical Rifle
20 M-14/20CF.
21 (xx) All Thompson rifles, including the following:
22 (I) Thompson M1SB.
23 (II) Thompson T1100D.
24 (III) Thompson T150D.
25 (IV) Thompson T1B.
26 (V) Thompson T1B100D.
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1 (VI) Thompson T1B50D.
2 (VII) Thompson T1BSB.
3 (VIII) Thompson T1-C.
4 (IX) Thompson T1D.
5 (X) Thompson T1SB.
6 (XI) Thompson T5.
7 (XII) Thompson T5100D.
8 (XIII) Thompson TM1.
9 (XIV) Thompson TM1C.
10 (xxi) UMAREX UZI rifle.
11 (xxii) UZI Mini Carbine, UZI Model A Carbine, and
12 UZI Model B Carbine.
13 (xxiii) Valmet M62S, M71S, and M78.
14 (xxiv) Vector Arms UZI Type.
15 (xxv) Weaver Arms Nighthawk.
16 (xxvi) Wilkinson Arms Linda Carbine.
17 (K) All of the following pistols, copies, duplicates,
18 variants, or altered facsimiles with the capability of any
19 such weapon thereof:
20 (i) All AK types, including the following:
21 (I) Centurion 39 AK pistol.
22 (II) CZ Scorpion pistol.
23 (III) Draco AK-47 pistol.
24 (IV) HCR AK-47 pistol.
25 (V) IO Inc. Hellpup AK-47 pistol.
26 (VI) Krinkov pistol.
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1 (VII) Mini Draco AK-47 pistol.
2 (VIII) PAP M92 pistol.
3 (IX) Yugo Krebs Krink pistol.
4 (ii) All AR types, including the following:
5 (I) American Spirit AR-15 pistol.
6 (II) Bushmaster Carbon 15 pistol.
7 (III) Chiappa Firearms M4 Pistol GEN II.
8 (IV) CORE Rifle Systems CORE15 Roscoe pistol.
9 (V) Daniel Defense MK18 pistol.
10 (VI) DoubleStar Corporation AR pistol.
11 (VII) DPMS AR-15 pistol.
12 (VIII) Jesse James Nomad AR-15 pistol.
13 (IX) Olympic Arms AR-15 pistol.
14 (X) Osprey Armament MK-18 pistol.
15 (XI) POF USA AR pistols.
16 (XII) Rock River Arms LAR 15 pistol.
17 (XIII) Uselton Arms Air-Lite M-4 pistol.
18 (iii) Calico pistols.
19 (iv) DSA SA58 PKP FAL pistol.
20 (v) Encom MP-9 and MP-45.
21 (vi) Heckler & Koch model SP-89 pistol.
22 (vii) Intratec AB-10, TEC-22 Scorpion, TEC-9, and
23 TEC-DC9.
24 (viii) IWI Galil Ace pistol, UZI PRO pistol.
25 (ix) Kel-Tec PLR 16 pistol.
26 (x) All MAC types, including the following:
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1 (I) MAC-10.
2 (II) MAC-11.
3 (III) Masterpiece Arms MPA A930 Mini Pistol,
4 MPA460 Pistol, MPA Tactical Pistol, and MPA Mini
5 Tactical Pistol.
6 (IV) Military Armament Corp. Ingram M-11.
7 (V) Velocity Arms VMAC.
8 (xi) Sig Sauer P556 pistol.
9 (xii) Sites Spectre.
10 (xiii) All Thompson types, including the
11 following:
12 (I) Thompson TA510D.
13 (II) Thompson TA5.
14 (xiv) All UZI types, including Micro-UZI.
15 (L) All of the following shotguns, copies, duplicates,
16 variants, or altered facsimiles with the capability of any
17 such weapon thereof:
18 (i) DERYA Anakon MC-1980, Anakon SD12.
19 (ii) Doruk Lethal shotguns.
20 (iii) Franchi LAW-12 and SPAS 12.
21 (iv) All IZHMASH Saiga 12 types, including the
22 following:
23 (I) IZHMASH Saiga 12.
24 (II) IZHMASH Saiga 12S.
25 (III) IZHMASH Saiga 12S EXP-01.
26 (IV) IZHMASH Saiga 12K.
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1 (V) IZHMASH Saiga 12K-030.
2 (VI) IZHMASH Saiga 12K-040 Taktika.
3 (v) Streetsweeper.
4 (vi) Striker 12.
5 (2) "Assault weapon" does not include:
6 (A) Any firearm that is an unserviceable firearm or
7 has been made permanently inoperable.
8 (B) An antique firearm or a replica of an antique
9 firearm.
10 (C) A firearm that is manually operated by bolt, pump,
11 lever or slide action, unless the firearm is a shotgun
12 with a revolving cylinder.
13 (D) Any air rifle as defined in Section 24.8-0.1 of
14 this Code.
15 (E) Any handgun, as defined under Section 13.1 of the
16 Firearm Owners Identification Card Act the Firearm
17 Concealed Carry Act, unless otherwise listed in this
18 Section.
19 (3) "Assault weapon attachment" means any device capable
20 of being attached to a firearm that is specifically designed
21 for making or converting a firearm into any of the firearms
22 listed in paragraph (1) of this subsection (a).
23 (4) "Antique firearm" has the meaning ascribed to it in 18
24 U.S.C. 921(a)(16).
25 (5) ".50 caliber rifle" means a centerfire rifle capable
26 of firing a .50 caliber cartridge. The term does not include
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1 any antique firearm, any shotgun including a shotgun that has
2 a rifle barrel, or any muzzle-loader which uses black powder
3 for hunting or historical reenactments.
4 (6) ".50 caliber cartridge" means a cartridge in .50 BMG
5 caliber, either by designation or actual measurement, that is
6 capable of being fired from a centerfire rifle. The term ".50
7 caliber cartridge" does not include any memorabilia or display
8 item that is filled with a permanent inert substance or that is
9 otherwise permanently altered in a manner that prevents ready
10 modification for use as live ammunition or shotgun ammunition
11 with a caliber measurement that is equal to or greater than .50
12 caliber.
13 (7) "Detachable magazine" means an ammunition feeding
14 device that may be removed from a firearm without disassembly
15 of the firearm action, including an ammunition feeding device
16 that may be readily removed from a firearm with the use of a
17 bullet, cartridge, accessory, or other tool, or any other
18 object that functions as a tool, including a bullet or
19 cartridge.
20 (8) "Fixed magazine" means an ammunition feeding device
21 that is permanently attached to a firearm, or contained in and
22 not removable from a firearm, or that is otherwise not a
23 detachable magazine, but does not include an attached tubular
24 device designed to accept, and capable of operating only with,
25 .22 caliber rimfire ammunition.
26 (b) Except as provided in subsections (c), (d), and (e),
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1 on or after January 10, 2023 (the effective date of Public Act
2 102-1116), it is unlawful for any person within this State to
3 knowingly manufacture, deliver, sell, import, or purchase or
4 cause to be manufactured, delivered, sold, imported, or
5 purchased by another, an assault weapon, assault weapon
6 attachment, .50 caliber rifle, or .50 caliber cartridge.
7 (c) Except as otherwise provided in subsection (d),
8 beginning January 1, 2024, it is unlawful for any person
9 within this State to knowingly possess an assault weapon,
10 assault weapon attachment, .50 caliber rifle, or .50 caliber
11 cartridge.
12 (d) This Section does not apply to a person's possession
13 of an assault weapon, assault weapon attachment, .50 caliber
14 rifle, or .50 caliber cartridge device if the person lawfully
15 possessed that assault weapon, assault weapon attachment, .50
16 caliber rifle, or .50 caliber cartridge prohibited by
17 subsection (c) of this Section, if the person has provided in
18 an endorsement affidavit, prior to January 1, 2024, under oath
19 or affirmation and in the form and manner prescribed by the
20 Illinois State Police, no later than October 1, 2023:
21 (1) the affiant's Firearm Owner's Identification Card
22 number;
23 (2) an affirmation that the affiant: (i) possessed an
24 assault weapon, assault weapon attachment, .50 caliber
25 rifle, or .50 caliber cartridge before January 10, 2023
26 (the effective date of Public Act 102-1116); or (ii)
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1 inherited the assault weapon, assault weapon attachment,
2 .50 caliber rifle, or .50 caliber cartridge from a person
3 with an endorsement under this Section or from a person
4 authorized under subdivisions (1) through (5) of
5 subsection (e) to possess the assault weapon, assault
6 weapon attachment, .50 caliber rifle, or .50 caliber
7 cartridge; and
8 (3) the make, model, caliber, and serial number of the
9 .50 caliber rifle or assault weapon or assault weapons
10 listed in paragraphs (J), (K), and (L) of subdivision (1)
11 of subsection (a) of this Section possessed by the affiant
12 prior to January 10, 2023 (the effective date of Public
13 Act 102-1116) and any assault weapons identified and
14 published by the Illinois State Police pursuant to this
15 subdivision (3). No later than October 1, 2023, and every
16 October 1 thereafter, the Illinois State Police shall, via
17 rulemaking, identify, publish, and make available on its
18 website, the list of assault weapons subject to an
19 endorsement affidavit under this subsection (d). The list
20 shall identify, but is not limited to, the copies,
21 duplicates, variants, and altered facsimiles of the
22 assault weapons identified in paragraphs (J), (K), and (L)
23 of subdivision (1) of subsection (a) of this Section and
24 shall be consistent with the definition of "assault
25 weapon" identified in this Section. The Illinois State
26 Police may adopt emergency rulemaking in accordance with
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1 Section 5-45 of the Illinois Administrative Procedure Act.
2 The adoption of emergency rules authorized by Section 5-45
3 of the Illinois Administrative Procedure Act and this
4 paragraph is deemed to be necessary for the public
5 interest, safety, and welfare.
6 The affidavit form shall include the following statement
7 printed in bold type: "Warning: Entering false information on
8 this form is punishable as perjury under Section 32-2 of the
9 Criminal Code of 2012. Entering false information on this form
10 is a violation of the Firearm Owners Identification Card Act."
11 In any administrative, civil, or criminal proceeding in
12 this State, a completed endorsement affidavit submitted to the
13 Illinois State Police by a person under this Section creates a
14 rebuttable presumption that the person is entitled to possess
15 and transport the assault weapon, assault weapon attachment,
16 .50 caliber rifle, or .50 caliber cartridge.
17 Beginning 90 days after January 10, 2023 (the effective
18 date of Public Act 102-1116), a person authorized under this
19 Section to possess an assault weapon, assault weapon
20 attachment, .50 caliber rifle, or .50 caliber cartridge shall
21 possess such items only:
22 (1) on private property owned or immediately
23 controlled by the person;
24 (2) on private property that is not open to the public
25 with the express permission of the person who owns or
26 immediately controls such property;
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1 (3) while on the premises of a licensed firearms
2 dealer or gunsmith for the purpose of lawful repair;
3 (4) while engaged in the legal use of the assault
4 weapon, assault weapon attachment, .50 caliber rifle, or
5 .50 caliber cartridge at a properly licensed firing range
6 or sport shooting competition venue; or
7 (5) while traveling to or from these locations,
8 provided that the assault weapon, assault weapon
9 attachment, or .50 caliber rifle is unloaded and the
10 assault weapon, assault weapon attachment, .50 caliber
11 rifle, or .50 caliber cartridge is enclosed in a case,
12 firearm carrying box, shipping box, or other container.
13 Beginning on January 1, 2024, the person with the
14 endorsement for an assault weapon, assault weapon attachment,
15 .50 caliber rifle, or .50 caliber cartridge or a person
16 authorized under subdivisions (1) through (5) of subsection
17 (e) to possess an assault weapon, assault weapon attachment,
18 .50 caliber rifle, or .50 caliber cartridge may transfer the
19 assault weapon, assault weapon attachment, .50 caliber rifle,
20 or .50 caliber cartridge only to an heir, an individual
21 residing in another state maintaining it in another state, or
22 a dealer licensed as a federal firearms dealer under Section
23 923 of the federal Gun Control Act of 1968. Within 10 days
24 after transfer of the weapon except to an heir, the person
25 shall notify the Illinois State Police of the name and address
26 of the transferee and comply with the requirements of
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1 subsection (b) of Section 3 of the Firearm Owners
2 Identification Card Act. The person to whom the weapon or
3 ammunition is transferred shall, within 60 days of the
4 transfer, complete an affidavit required under this Section. A
5 person to whom the weapon is transferred may transfer it only
6 as provided in this subsection.
7 Except as provided in subsection (e) and beginning on
8 January 1, 2024, any person who moves into this State in
9 possession of an assault weapon, assault weapon attachment,
10 .50 caliber rifle, or .50 caliber cartridge shall, within 60
11 days, apply for a Firearm Owners Identification Card and
12 complete an endorsement application as outlined in subsection
13 (d).
14 Notwithstanding any other law, information contained in
15 the endorsement affidavit shall be confidential, is exempt
16 from disclosure under the Freedom of Information Act, and
17 shall not be disclosed, except to law enforcement agencies
18 acting in the performance of their duties.
19 (e) The provisions of this Section regarding the purchase
20 or possession of assault weapons, assault weapon attachments,
21 .50 caliber rifles, and .50 cartridges, as well as the
22 provisions of this Section that prohibit causing those items
23 to be purchased or possessed, do not apply to:
24 (1) Peace officers, as defined in Section 2-13 of this
25 Code.
26 (2) Qualified law enforcement officers and qualified
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1 retired law enforcement officers as defined in the Law
2 Enforcement Officers Safety Act of 2004 (18 U.S.C. 926B
3 and 926C) and as recognized under Illinois law.
4 (3) Acquisition and possession by a federal, State, or
5 local law enforcement agency for the purpose of equipping
6 the agency's peace officers as defined in paragraph (1) or
7 (2) of this subsection (e).
8 (4) Wardens, superintendents, and keepers of prisons,
9 penitentiaries, jails, and other institutions for the
10 detention of persons accused or convicted of an offense.
11 (5) Members of the Armed Services or Reserve Forces of
12 the United States or the Illinois National Guard, while
13 performing their official duties or while traveling to or
14 from their places of duty.
15 (6) Any company that employs armed security officers
16 in this State at a nuclear energy, storage, weapons, or
17 development site or facility regulated by the federal
18 Nuclear Regulatory Commission and any person employed as
19 an armed security force member at a nuclear energy,
20 storage, weapons, or development site or facility
21 regulated by the federal Nuclear Regulatory Commission who
22 has completed the background screening and training
23 mandated by the rules and regulations of the federal
24 Nuclear Regulatory Commission and while performing
25 official duties.
26 (7) Any private security contractor agency licensed
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1 under the Private Detective, Private Alarm, Private
2 Security, Fingerprint Vendor, and Locksmith Act of 2004
3 that employs private security contractors and any private
4 security contractor who is licensed and has been issued a
5 firearm control card under the Private Detective, Private
6 Alarm, Private Security, Fingerprint Vendor, and Locksmith
7 Act of 2004 while performing official duties.
8 The provisions of this Section do not apply to the
9 manufacture, delivery, sale, import, purchase, or possession
10 of an assault weapon, assault weapon attachment, .50 caliber
11 rifle, or .50 caliber cartridge or causing the manufacture,
12 delivery, sale, importation, purchase, or possession of those
13 items:
14 (A) for sale or transfer to persons authorized under
15 subdivisions (1) through (7) of this subsection (e) to
16 possess those items;
17 (B) for sale or transfer to the United States or any
18 department or agency thereof; or
19 (C) for sale or transfer in another state or for
20 export.
21 This Section does not apply to or affect any of the
22 following:
23 (i) Possession of any firearm if that firearm is
24 sanctioned by the International Olympic Committee and by
25 USA Shooting, the national governing body for
26 international shooting competition in the United States,
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1 but only when the firearm is in the actual possession of an
2 Olympic target shooting competitor or target shooting
3 coach for the purpose of storage, transporting to and from
4 Olympic target shooting practice or events if the firearm
5 is broken down in a nonfunctioning state, is not
6 immediately accessible, or is unloaded and enclosed in a
7 firearm case, carrying box, shipping box, or other similar
8 portable container designed for the safe transportation of
9 firearms, and when the Olympic target shooting competitor
10 or target shooting coach is engaging in those practices or
11 events. For the purposes of this paragraph (8), "firearm"
12 has the meaning provided in Section 1.1 of the Firearm
13 Owners Identification Card Act.
14 (ii) Any nonresident who transports, within 24 hours,
15 a weapon for any lawful purpose from any place where the
16 nonresident may lawfully possess and carry that weapon to
17 any other place where the nonresident may lawfully possess
18 and carry that weapon if, during the transportation, the
19 weapon is unloaded, and neither the weapon nor any
20 ammunition being transported is readily accessible or is
21 directly accessible from the passenger compartment of the
22 transporting vehicle. In the case of a vehicle without a
23 compartment separate from the driver's compartment, the
24 weapon or ammunition shall be contained in a locked
25 container other than the glove compartment or console.
26 (iii) Possession of a weapon at an event taking place
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1 at the World Shooting and Recreational Complex at Sparta,
2 only while engaged in the legal use of the weapon, or while
3 traveling to or from that location if the weapon is broken
4 down in a nonfunctioning state, is not immediately
5 accessible, or is unloaded and enclosed in a firearm case,
6 carrying box, shipping box, or other similar portable
7 container designed for the safe transportation of
8 firearms.
9 (iv) Possession of a weapon only for hunting use
10 expressly permitted under the Wildlife Code, or while
11 traveling to or from a location authorized for this
12 hunting use under the Wildlife Code if the weapon is
13 broken down in a nonfunctioning state, is not immediately
14 accessible, or is unloaded and enclosed in a firearm case,
15 carrying box, shipping box, or other similar portable
16 container designed for the safe transportation of
17 firearms. By October 1, 2023, the Illinois State Police,
18 in consultation with the Department of Natural Resources,
19 shall adopt rules concerning the list of applicable
20 weapons approved under this subparagraph (iv). The
21 Illinois State Police may adopt emergency rules in
22 accordance with Section 5-45 of the Illinois
23 Administrative Procedure Act. The adoption of emergency
24 rules authorized by Section 5-45 of the Illinois
25 Administrative Procedure Act and this paragraph is deemed
26 to be necessary for the public interest, safety, and
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1 welfare.
2 (v) The manufacture, transportation, possession, sale,
3 or rental of blank-firing assault weapons and .50 caliber
4 rifles, or the weapon's respective attachments, to persons
5 authorized or permitted, or both authorized and permitted,
6 to acquire and possess these weapons or attachments for
7 the purpose of rental for use solely as props for a motion
8 picture, television, or video production or entertainment
9 event.
10 Any person not subject to this Section may submit an
11 endorsement affidavit if the person chooses.
12 (f) Any sale or transfer with a background check initiated
13 to the Illinois State Police on or before January 10, 2023 (the
14 effective date of Public Act 102-1116) is allowed to be
15 completed after January 10, 2023 once an approval is issued by
16 the Illinois State Police and any applicable waiting period
17 under Section 24-3 has expired.
18 (g) The Illinois State Police shall take all steps
19 necessary to carry out the requirements of this Section by
20 October 1, 2023.
21 (h) The Illinois State Police shall also develop and
22 implement a public notice and public outreach campaign to
23 promote awareness about the provisions of Public Act 102-1116
24 and to increase compliance with this Section.
25 (Source: P.A. 102-1116, eff. 1-10-23; 103-605, eff. 7-1-24.)
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1 (720 ILCS 5/24-1.10)
2 Sec. 24-1.10. Manufacture, delivery, sale, and possession
3 of large capacity ammunition feeding devices.
4 (a) In this Section:
5 "Handgun" has the meaning ascribed to it in Section 13.1
6 of the Firearm Owners Identification Card Act the Firearm
7 Concealed Carry Act.
8 "Long gun" means a rifle or shotgun.
9 "Large capacity ammunition feeding device" means:
10 (1) a magazine, belt, drum, feed strip, or similar
11 device that has a capacity of, or that can be readily
12 restored or converted to accept, more than 10 rounds of
13 ammunition for long guns and more than 15 rounds of
14 ammunition for handguns; or
15 (2) any combination of parts from which a device
16 described in paragraph (1) can be assembled.
17 "Large capacity ammunition feeding device" does not
18 include an attached tubular device designed to accept, and
19 capable of operating only with, .22 caliber rimfire
20 ammunition. "Large capacity ammunition feeding device" does
21 not include a tubular magazine that is contained in a
22 lever-action firearm or any device that has been made
23 permanently inoperable.
24 (b) Except as provided in subsections (e) and (f), it is
25 unlawful for any person within this State to knowingly
26 manufacture, deliver, sell, purchase, or cause to be
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1 manufactured, delivered, sold, or purchased a large capacity
2 ammunition feeding device.
3 (c) Except as provided in subsections (d), (e), and (f),
4 and beginning 90 days after January 10, 2023 (the effective
5 date of Public Act 102-1116), it is unlawful to knowingly
6 possess a large capacity ammunition feeding device.
7 (d) Subsection (c) does not apply to a person's possession
8 of a large capacity ammunition feeding device if the person
9 lawfully possessed that large capacity ammunition feeding
10 device before January 10, 2023 (the effective date of Public
11 Act 102-1116), provided that the person shall possess such
12 device only:
13 (1) on private property owned or immediately
14 controlled by the person;
15 (2) on private property that is not open to the public
16 with the express permission of the person who owns or
17 immediately controls such property;
18 (3) while on the premises of a licensed firearms
19 dealer or gunsmith for the purpose of lawful repair;
20 (4) while engaged in the legal use of the large
21 capacity ammunition feeding device at a properly licensed
22 firing range or sport shooting competition venue; or
23 (5) while traveling to or from these locations,
24 provided that the large capacity ammunition feeding device
25 is stored unloaded and enclosed in a case, firearm
26 carrying box, shipping box, or other container.
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1 A person authorized under this Section to possess a large
2 capacity ammunition feeding device may transfer the large
3 capacity ammunition feeding device only to an heir, an
4 individual residing in another state maintaining it in another
5 state, or a dealer licensed as a federal firearms dealer under
6 Section 923 of the federal Gun Control Act of 1968. Within 10
7 days after transfer of the large capacity ammunition feeding
8 device except to an heir, the person shall notify the Illinois
9 State Police of the name and address of the transferee and
10 comply with the requirements of subsection (b) of Section 3 of
11 the Firearm Owners Identification Card Act. The person to whom
12 the large capacity ammunition feeding device is transferred
13 shall, within 60 days of the transfer, notify the Illinois
14 State Police of the person's acquisition and comply with the
15 requirements of subsection (b) of Section 3 of the Firearm
16 Owners Identification Card Act. A person to whom the large
17 capacity ammunition feeding device is transferred may transfer
18 it only as provided in this subsection.
19 Except as provided in subsections (e) and (f) and
20 beginning 90 days after January 10, 2023 (the effective date
21 of Public Act 102-1116), any person who moves into this State
22 in possession of a large capacity ammunition feeding device
23 shall, within 60 days, apply for a Firearm Owners
24 Identification Card.
25 (e) The provisions of this Section regarding the purchase
26 or possession of large capacity ammunition feeding devices, as
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1 well as the provisions of this Section that prohibit causing
2 those items to be purchased or possessed, do not apply to:
3 (1) Peace officers as defined in Section 2-13 of this
4 Code.
5 (2) Qualified law enforcement officers and qualified
6 retired law enforcement officers as defined in the Law
7 Enforcement Officers Safety Act of 2004 (18 U.S.C. 926B
8 and 926C) and as recognized under Illinois law.
9 (3) A federal, State, or local law enforcement agency
10 for the purpose of equipping the agency's peace officers
11 as defined in paragraph (1) or (2) of this subsection (e).
12 (4) Wardens, superintendents, and keepers of prisons,
13 penitentiaries, jails, and other institutions for the
14 detention of persons accused or convicted of an offense.
15 (5) Members of the Armed Services or Reserve Forces of
16 the United States or the Illinois National Guard, while
17 performing their official duties or while traveling to or
18 from their places of duty.
19 (6) Any company that employs armed security officers
20 in this State at a nuclear energy, storage, weapons, or
21 development site or facility regulated by the federal
22 Nuclear Regulatory Commission and any person employed as
23 an armed security force member at a nuclear energy,
24 storage, weapons, or development site or facility
25 regulated by the federal Nuclear Regulatory Commission who
26 has completed the background screening and training
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1 mandated by the rules and regulations of the federal
2 Nuclear Regulatory Commission and while performing
3 official duties.
4 (7) Any private security contractor agency licensed
5 under the Private Detective, Private Alarm, Private
6 Security, Fingerprint Vendor, and Locksmith Act of 2004
7 that employs private security contractors and any private
8 security contractor who is licensed and has been issued a
9 firearm control card under the Private Detective, Private
10 Alarm, Private Security, Fingerprint Vendor, and Locksmith
11 Act of 2004 while performing official duties.
12 (f) This Section does not apply to or affect any of the
13 following:
14 (1) Manufacture, delivery, sale, importation,
15 purchase, or possession or causing to be manufactured,
16 delivered, sold, imported, purchased, or possessed a large
17 capacity ammunition feeding device:
18 (A) for sale or transfer to persons authorized
19 under subdivisions (1) through (7) of subsection (e)
20 to possess those items;
21 (B) for sale or transfer to the United States or
22 any department or agency thereof; or
23 (C) for sale or transfer in another state or for
24 export.
25 (2) Sale or rental of large capacity ammunition
26 feeding devices for blank-firing assault weapons and .50
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1 caliber rifles, to persons authorized or permitted, or
2 both authorized and permitted, to acquire these devices
3 for the purpose of rental for use solely as props for a
4 motion picture, television, or video production or
5 entertainment event.
6 (g) Sentence. A person who knowingly manufactures,
7 delivers, sells, purchases, possesses, or causes to be
8 manufactured, delivered, sold, possessed, or purchased in
9 violation of this Section a large capacity ammunition feeding
10 device capable of holding more than 10 rounds of ammunition
11 for long guns or more than 15 rounds of ammunition for handguns
12 commits a petty offense with a fine of $1,000 for each
13 violation.
14 (h) The Illinois State Police shall also develop and
15 implement a public notice and public outreach campaign to
16 promote awareness about the provisions of Public Act 102-1116
17 and to increase compliance with this Section.
18 (Source: P.A. 102-1116, eff. 1-10-23; 103-605, eff. 7-1-24.)
19 (720 ILCS 5/24-2)
20 Sec. 24-2. Exemptions.
21 (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and
22 24-1(a)(13) and Section 24-1.6 do not apply to or affect any of
23 the following:
24 (1) Peace officers, and any person summoned by a peace
25 officer to assist in making arrests or preserving the
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1 peace, while actually engaged in assisting such officer.
2 (2) Wardens, superintendents, and keepers of prisons,
3 penitentiaries, jails, and other institutions for the
4 detention of persons accused or convicted of an offense,
5 while in the performance of their official duty, or while
6 commuting between their homes and places of employment.
7 (3) Members of the Armed Services or Reserve Forces of
8 the United States or the Illinois National Guard or the
9 Reserve Officers Training Corps, while in the performance
10 of their official duty.
11 (4) Special agents employed by a railroad or a public
12 utility to perform police functions, and guards of armored
13 car companies, while actually engaged in the performance
14 of the duties of their employment or commuting between
15 their homes and places of employment; and watchmen while
16 actually engaged in the performance of the duties of their
17 employment.
18 (5) Persons licensed as private security contractors,
19 private detectives, or private alarm contractors, or
20 employed by a private security contractor, private
21 detective, or private alarm contractor agency licensed by
22 the Department of Financial and Professional Regulation,
23 if their duties include the carrying of a weapon under the
24 provisions of the Private Detective, Private Alarm,
25 Private Security, Fingerprint Vendor, and Locksmith Act of
26 2004, while actually engaged in the performance of the
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1 duties of their employment or commuting between their
2 homes and places of employment. A person shall be
3 considered eligible for this exemption if he or she has
4 completed the required 20 hours of training for a private
5 security contractor, private detective, or private alarm
6 contractor, or employee of a licensed private security
7 contractor, private detective, or private alarm contractor
8 agency and 28 hours of required firearm training, and has
9 been issued a firearm control card by the Department of
10 Financial and Professional Regulation. Conditions for the
11 renewal of firearm control cards issued under the
12 provisions of this Section shall be the same as for those
13 cards issued under the provisions of the Private
14 Detective, Private Alarm, Private Security, Fingerprint
15 Vendor, and Locksmith Act of 2004. The firearm control
16 card shall be carried by the private security contractor,
17 private detective, or private alarm contractor, or
18 employee of the licensed private security contractor,
19 private detective, or private alarm contractor agency at
20 all times when he or she is in possession of a concealable
21 weapon permitted by his or her firearm control card.
22 (6) Any person regularly employed in a commercial or
23 industrial operation as a security guard for the
24 protection of persons employed and private property
25 related to such commercial or industrial operation, while
26 actually engaged in the performance of his or her duty or
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1 traveling between sites or properties belonging to the
2 employer, and who, as a security guard, is a member of a
3 security force registered with the Department of Financial
4 and Professional Regulation; provided that such security
5 guard has successfully completed a course of study,
6 approved by and supervised by the Department of Financial
7 and Professional Regulation, consisting of not less than
8 48 hours of training that includes the theory of law
9 enforcement, liability for acts, and the handling of
10 weapons. A person shall be considered eligible for this
11 exemption if he or she has completed the required 20 hours
12 of training for a security officer and 28 hours of
13 required firearm training, and has been issued a firearm
14 control card by the Department of Financial and
15 Professional Regulation. Conditions for the renewal of
16 firearm control cards issued under the provisions of this
17 Section shall be the same as for those cards issued under
18 the provisions of the Private Detective, Private Alarm,
19 Private Security, Fingerprint Vendor, and Locksmith Act of
20 2004. The firearm control card shall be carried by the
21 security guard at all times when he or she is in possession
22 of a concealable weapon permitted by his or her firearm
23 control card.
24 (7) Agents and investigators of the Illinois
25 Legislative Investigating Commission authorized by the
26 Commission to carry the weapons specified in subsections
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1 24-1(a)(3) and 24-1(a)(4), while on duty in the course of
2 any investigation for the Commission.
3 (8) Persons employed by a financial institution as a
4 security guard for the protection of other employees and
5 property related to such financial institution, while
6 actually engaged in the performance of their duties,
7 commuting between their homes and places of employment, or
8 traveling between sites or properties owned or operated by
9 such financial institution, and who, as a security guard,
10 is a member of a security force registered with the
11 Department; provided that any person so employed has
12 successfully completed a course of study, approved by and
13 supervised by the Department of Financial and Professional
14 Regulation, consisting of not less than 48 hours of
15 training which includes theory of law enforcement,
16 liability for acts, and the handling of weapons. A person
17 shall be considered to be eligible for this exemption if
18 he or she has completed the required 20 hours of training
19 for a security officer and 28 hours of required firearm
20 training, and has been issued a firearm control card by
21 the Department of Financial and Professional Regulation.
22 Conditions for renewal of firearm control cards issued
23 under the provisions of this Section shall be the same as
24 for those issued under the provisions of the Private
25 Detective, Private Alarm, Private Security, Fingerprint
26 Vendor, and Locksmith Act of 2004. The firearm control
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1 card shall be carried by the security guard at all times
2 when he or she is in possession of a concealable weapon
3 permitted by his or her firearm control card. For purposes
4 of this subsection, "financial institution" means a bank,
5 savings and loan association, credit union, or company
6 providing armored car services.
7 (9) Any person employed by an armored car company to
8 drive an armored car, while actually engaged in the
9 performance of his duties.
10 (10) Persons who have been classified as peace
11 officers pursuant to the Peace Officer Fire Investigation
12 Act.
13 (11) Investigators of the Office of the State's
14 Attorneys Appellate Prosecutor authorized by the board of
15 governors of the Office of the State's Attorneys Appellate
16 Prosecutor to carry weapons pursuant to Section 7.06 of
17 the State's Attorneys Appellate Prosecutor's Act.
18 (12) Special investigators appointed by a State's
19 Attorney under Section 3-9005 of the Counties Code.
20 (12.5) Probation officers while in the performance of
21 their duties, or while commuting between their homes,
22 places of employment or specific locations that are part
23 of their assigned duties, with the consent of the chief
24 judge of the circuit for which they are employed, if they
25 have received weapons training according to requirements
26 of the Peace Officer and Probation Officer Firearm
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1 Training Act.
2 (13) Court security officers Security Officers while
3 in the performance of their official duties, or while
4 commuting between their homes and places of employment,
5 with the consent of the sheriff Sheriff.
6 (13.5) A person employed as an armed security guard at
7 a nuclear energy, storage, weapons, or development site or
8 facility regulated by the Nuclear Regulatory Commission
9 who has completed the background screening and training
10 mandated by the rules and regulations of the Nuclear
11 Regulatory Commission.
12 (14) Manufacture, transportation, or sale of weapons
13 to persons authorized under subdivisions (1) through
14 (13.5) of this subsection to possess those weapons.
15 (a-5) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
16 24-1.6 do not apply to or affect any person carrying a
17 concealed pistol, revolver, or handgun and the person has been
18 issued a currently valid Firearm Owner's Identification Card
19 under the Firearm Owners Identification Card license under the
20 Firearm Concealed Carry Act at the time of the commission of
21 the offense.
22 (a-6) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply
23 to or affect a qualified current or retired law enforcement
24 officer or a current or retired deputy, county correctional
25 officer, or correctional officer of the Department of
26 Corrections qualified under the laws of this State or under
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1 the federal Law Enforcement Officers Safety Act.
2 (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
3 24-1.6 do not apply to or affect any of the following:
4 (1) Members of any club or organization organized for
5 the purpose of practicing shooting at targets upon
6 established target ranges, whether public or private, and
7 patrons of such ranges, while such members or patrons are
8 using their firearms on those target ranges.
9 (2) Duly authorized military or civil organizations
10 while parading, with the special permission of the
11 Governor.
12 (3) Hunters, trappers, or fishermen while engaged in
13 lawful hunting, trapping, or fishing under the provisions
14 of the Wildlife Code or the Fish and Aquatic Life Code.
15 (4) Transportation of weapons that are broken down in
16 a non-functioning state or are not immediately accessible.
17 (5) Carrying or possessing any pistol, revolver, stun
18 gun or taser or other firearm on the land or in the legal
19 dwelling of another person as an invitee with that
20 person's permission.
21 (c) Subsection 24-1(a)(7) does not apply to or affect any
22 of the following:
23 (1) Peace officers while in performance of their
24 official duties.
25 (2) Wardens, superintendents, and keepers of prisons,
26 penitentiaries, jails, and other institutions for the
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1 detention of persons accused or convicted of an offense.
2 (3) Members of the Armed Services or Reserve Forces of
3 the United States or the Illinois National Guard, while in
4 the performance of their official duty.
5 (4) Manufacture, transportation, or sale of machine
6 guns to persons authorized under subdivisions (1) through
7 (3) of this subsection to possess machine guns, if the
8 machine guns are broken down in a non-functioning state or
9 are not immediately accessible.
10 (5) Persons licensed under federal law to manufacture
11 any weapon from which 8 or more shots or bullets can be
12 discharged by a single function of the firing device, or
13 ammunition for such weapons, and actually engaged in the
14 business of manufacturing such weapons or ammunition, but
15 only with respect to activities which are within the
16 lawful scope of such business, such as the manufacture,
17 transportation, or testing of such weapons or ammunition.
18 This exemption does not authorize the general private
19 possession of any weapon from which 8 or more shots or
20 bullets can be discharged by a single function of the
21 firing device, but only such possession and activities as
22 are within the lawful scope of a licensed manufacturing
23 business described in this paragraph.
24 During transportation, such weapons shall be broken
25 down in a non-functioning state or not immediately
26 accessible.
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1 (6) The manufacture, transport, testing, delivery,
2 transfer, or sale, and all lawful commercial or
3 experimental activities necessary thereto, of rifles,
4 shotguns, and weapons made from rifles or shotguns, or
5 ammunition for such rifles, shotguns, or weapons, where
6 engaged in by a person operating as a contractor or
7 subcontractor pursuant to a contract or subcontract for
8 the development and supply of such rifles, shotguns,
9 weapons, or ammunition to the United States government or
10 any branch of the Armed Forces of the United States, when
11 such activities are necessary and incident to fulfilling
12 the terms of such contract.
13 The exemption granted under this subdivision (c)(6)
14 shall also apply to any authorized agent of any such
15 contractor or subcontractor who is operating within the
16 scope of his employment, where such activities involving
17 such weapon, weapons, or ammunition are necessary and
18 incident to fulfilling the terms of such contract.
19 (7) A person possessing a rifle with a barrel or
20 barrels less than 16 inches in length if: (A) the person
21 has been issued a Curios and Relics license from the U.S.
22 Bureau of Alcohol, Tobacco, Firearms and Explosives; or
23 (B) the person is an active member of a bona fide,
24 nationally recognized military re-enacting group and the
25 modification is required and necessary to accurately
26 portray the weapon for historical re-enactment purposes;
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1 the re-enactor is in possession of a valid and current
2 re-enacting group membership credential; and the overall
3 length of the weapon as modified is not less than 26
4 inches.
5 (d) Subsection 24-1(a)(1) does not apply to the purchase,
6 possession or carrying of a black-jack or slung-shot by a
7 peace officer.
8 (e) Subsection 24-1(a)(8) does not apply to any owner,
9 manager, or authorized employee of any place specified in that
10 subsection nor to any law enforcement officer.
11 (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and
12 Section 24-1.6 do not apply to members of any club or
13 organization organized for the purpose of practicing shooting
14 at targets upon established target ranges, whether public or
15 private, while using their firearms on those target ranges.
16 (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply
17 to:
18 (1) Members of the Armed Services or Reserve Forces of
19 the United States or the Illinois National Guard, while in
20 the performance of their official duty.
21 (2) Bonafide collectors of antique or surplus military
22 ordnance.
23 (3) Laboratories having a department of forensic
24 ballistics, or specializing in the development of
25 ammunition or explosive ordnance.
26 (4) Commerce, preparation, assembly, or possession of
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1 explosive bullets by manufacturers of ammunition licensed
2 by the federal government, in connection with the supply
3 of those organizations and persons exempted by subdivision
4 (g)(1) of this Section, or like organizations and persons
5 outside this State, or the transportation of explosive
6 bullets to any organization or person exempted in this
7 Section by a common carrier or by a vehicle owned or leased
8 by an exempted manufacturer.
9 (g-5) Subsection 24-1(a)(6) does not apply to or affect
10 persons licensed under federal law to manufacture any device
11 or attachment of any kind designed, used, or intended for use
12 in silencing the report of any firearm, firearms, or
13 ammunition for those firearms equipped with those devices, and
14 actually engaged in the business of manufacturing those
15 devices, firearms, or ammunition, but only with respect to
16 activities that are within the lawful scope of that business,
17 such as the manufacture, transportation, or testing of those
18 devices, firearms, or ammunition. This exemption does not
19 authorize the general private possession of any device or
20 attachment of any kind designed, used, or intended for use in
21 silencing the report of any firearm, but only such possession
22 and activities as are within the lawful scope of a licensed
23 manufacturing business described in this subsection (g-5).
24 During transportation, these devices shall be detached from
25 any weapon or not immediately accessible.
26 (g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
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1 24-1.6 do not apply to or affect any parole agent or parole
2 supervisor who meets the qualifications and conditions
3 prescribed in Section 3-14-1.5 of the Unified Code of
4 Corrections.
5 (g-7) Subsection 24-1(a)(6) does not apply to a peace
6 officer while serving as a member of a tactical response team
7 or special operations team. A peace officer may not personally
8 own or apply for ownership of a device or attachment of any
9 kind designed, used, or intended for use in silencing the
10 report of any firearm. These devices shall be owned and
11 maintained by lawfully recognized units of government whose
12 duties include the investigation of criminal acts.
13 (g-10) (Blank).
14 (h) An information or indictment based upon a violation of
15 any subsection of this Article need not negate negative any
16 exemptions contained in this Article. The defendant shall have
17 the burden of proving such an exemption.
18 (i) Nothing in this Article shall prohibit, apply to, or
19 affect the transportation, carrying, or possession, of any
20 pistol or revolver, stun gun, taser, or other firearm
21 consigned to a common carrier operating under license of the
22 State of Illinois or the federal government, where such
23 transportation, carrying, or possession is incident to the
24 lawful transportation in which such common carrier is engaged;
25 and nothing in this Article shall prohibit, apply to, or
26 affect the transportation, carrying, or possession of any
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1 pistol, revolver, stun gun, taser, or other firearm, not the
2 subject of and regulated by subsection 24-1(a)(7) or
3 subsection 24-2(c) of this Article, which is unloaded and
4 enclosed in a case, firearm carrying box, shipping box, or
5 other container, by the possessor of a valid Firearm Owners
6 Identification Card.
7 (Source: P.A. 102-152, eff. 1-1-22; 102-779, eff. 1-1-23;
8 102-837, eff. 5-13-22; 103-154, eff. 6-30-23; revised
9 7-22-24.)
10 (720 ILCS 5/24-3) (from Ch. 38, par. 24-3)
11 Sec. 24-3. Unlawful sale or delivery of firearms.
12 (A) A person commits the offense of unlawful sale or
13 delivery of firearms when he or she knowingly does any of the
14 following:
15 (a) Sells or gives any firearm of a size which may be
16 concealed upon the person to any person under 18 years of
17 age.
18 (b) Sells or gives any firearm to a person under 21
19 years of age who has been convicted of a misdemeanor other
20 than a traffic offense or adjudged delinquent.
21 (c) Sells or gives any firearm to any narcotic addict.
22 (d) Sells or gives any firearm to any person who has
23 been convicted of a felony under the laws of this or any
24 other jurisdiction.
25 (e) Sells or gives any firearm to any person who has
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1 been a patient in a mental institution within the past 5
2 years. In this subsection (e):
3 "Mental institution" means any hospital,
4 institution, clinic, evaluation facility, mental
5 health center, or part thereof, which is used
6 primarily for the care or treatment of persons with
7 mental illness.
8 "Patient in a mental institution" means the person
9 was admitted, either voluntarily or involuntarily, to
10 a mental institution for mental health treatment,
11 unless the treatment was voluntary and solely for an
12 alcohol abuse disorder and no other secondary
13 substance abuse disorder or mental illness.
14 (f) Sells or gives any firearms to any person who is a
15 person with an intellectual disability.
16 (g) Delivers any firearm, incidental to a sale,
17 without withholding delivery of the firearm for at least
18 72 hours after application for its purchase has been made,
19 or delivers a stun gun or taser, incidental to a sale,
20 without withholding delivery of the stun gun or taser for
21 at least 24 hours after application for its purchase has
22 been made. However, this paragraph (g) does not apply to:
23 (1) the sale of a firearm to a law enforcement officer if
24 the seller of the firearm knows that the person to whom he
25 or she is selling the firearm is a law enforcement officer
26 or the sale of a firearm to a person who desires to
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1 purchase a firearm for use in promoting the public
2 interest incident to his or her employment as a bank
3 guard, armed truck guard, or other similar employment; (2)
4 a mail order sale of a firearm from a federally licensed
5 firearms dealer to a nonresident of Illinois under which
6 the firearm is mailed to a federally licensed firearms
7 dealer outside the boundaries of Illinois; (3) (blank);
8 (4) the sale of a firearm to a dealer licensed as a federal
9 firearms dealer under Section 923 of the federal Gun
10 Control Act of 1968 (18 U.S.C. 923); or (5) the transfer or
11 sale of any rifle, shotgun, or other long gun to a resident
12 registered competitor or attendee or non-resident
13 registered competitor or attendee by any dealer licensed
14 as a federal firearms dealer under Section 923 of the
15 federal Gun Control Act of 1968 at competitive shooting
16 events held at the World Shooting Complex sanctioned by a
17 national governing body. For purposes of transfers or
18 sales under subparagraph (5) of this paragraph (g), the
19 Department of Natural Resources shall give notice to the
20 Illinois State Police at least 30 calendar days prior to
21 any competitive shooting events at the World Shooting
22 Complex sanctioned by a national governing body. The
23 notification shall be made on a form prescribed by the
24 Illinois State Police. The sanctioning body shall provide
25 a list of all registered competitors and attendees at
26 least 24 hours before the events to the Illinois State
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1 Police. Any changes to the list of registered competitors
2 and attendees shall be forwarded to the Illinois State
3 Police as soon as practicable. The Illinois State Police
4 must destroy the list of registered competitors and
5 attendees no later than 30 days after the date of the
6 event. Nothing in this paragraph (g) relieves a federally
7 licensed firearm dealer from the requirements of
8 conducting a NICS background check through the Illinois
9 Point of Contact under 18 U.S.C. 922(t). For purposes of
10 this paragraph (g), "application" means when the buyer and
11 seller reach an agreement to purchase a firearm. For
12 purposes of this paragraph (g), "national governing body"
13 means a group of persons who adopt rules and formulate
14 policy on behalf of a national firearm sporting
15 organization.
16 (h) While holding any license as a dealer, importer,
17 manufacturer or pawnbroker under the federal Gun Control
18 Act of 1968, manufactures, sells or delivers to any
19 unlicensed person a handgun having a barrel, slide, frame
20 or receiver which is a die casting of zinc alloy or any
21 other nonhomogeneous metal which will melt or deform at a
22 temperature of less than 800 degrees Fahrenheit. For
23 purposes of this paragraph, (1) "firearm" is defined as in
24 the Firearm Owners Identification Card Act; and (2)
25 "handgun" is defined as a firearm designed to be held and
26 fired by the use of a single hand, and includes a
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1 combination of parts from which such a firearm can be
2 assembled.
3 (i) Sells or gives a firearm of any size to any person
4 under 18 years of age who does not possess a valid Firearm
5 Owner's Identification Card.
6 (j) Sells or gives a firearm while engaged in the
7 business of selling firearms at wholesale or retail
8 without being licensed as a federal firearms dealer under
9 Section 923 of the federal Gun Control Act of 1968 (18
10 U.S.C. 923). In this paragraph (j):
11 A person "engaged in the business" means a person who
12 devotes time, attention, and labor to engaging in the
13 activity as a regular course of trade or business with the
14 principal objective of livelihood and profit, but does not
15 include a person who makes occasional repairs of firearms
16 or who occasionally fits special barrels, stocks, or
17 trigger mechanisms to firearms.
18 "With the principal objective of livelihood and
19 profit" means that the intent underlying the sale or
20 disposition of firearms is predominantly one of obtaining
21 livelihood and pecuniary gain, as opposed to other
22 intents, such as improving or liquidating a personal
23 firearms collection; however, proof of profit shall not be
24 required as to a person who engages in the regular and
25 repetitive purchase and disposition of firearms for
26 criminal purposes or terrorism.
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1 (k) Sells or transfers ownership of a firearm to a
2 person who does not display to the seller or transferor of
3 the firearm either: (1) a currently valid Firearm Owner's
4 Identification Card that has previously been issued in the
5 transferee's name by the Illinois State Police under the
6 provisions of the Firearm Owners Identification Card Act;
7 or (2) a currently valid license to carry a concealed
8 firearm that has previously been issued in the
9 transferee's name by the Illinois State Police under the
10 Firearm Concealed Carry Act. This paragraph (k) does not
11 apply to the transfer of a firearm to a person who is
12 exempt from the requirement of possessing a Firearm
13 Owner's Identification Card under Section 2 of the Firearm
14 Owners Identification Card Act. For the purposes of this
15 Section, a currently valid Firearm Owner's Identification
16 Card or license to carry a concealed firearm means receipt
17 of an approval number issued in accordance with subsection
18 (a-10) of Section 3 or Section 3.1 of the Firearm Owners
19 Identification Card Act.
20 (1) In addition to the other requirements of this
21 paragraph (k), all persons who are not federally
22 licensed firearms dealers must also have complied with
23 subsection (a-10) of Section 3 of the Firearm Owners
24 Identification Card Act by determining the validity of
25 a purchaser's Firearm Owner's Identification Card.
26 (2) All sellers or transferors who have complied
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1 with the requirements of subparagraph (1) of this
2 paragraph (k) shall not be liable for damages in any
3 civil action arising from the use or misuse by the
4 transferee of the firearm transferred, except for
5 willful or wanton misconduct on the part of the seller
6 or transferor.
7 (l) Not being entitled to the possession of a firearm,
8 delivers the firearm, knowing it to have been stolen or
9 converted. It may be inferred that a person who possesses
10 a firearm with knowledge that its serial number has been
11 removed or altered has knowledge that the firearm is
12 stolen or converted.
13 (B) Paragraph (h) of subsection (A) does not include
14 firearms sold within 6 months after enactment of Public Act
15 78-355 (approved August 21, 1973, effective October 1, 1973),
16 nor is any firearm legally owned or possessed by any citizen or
17 purchased by any citizen within 6 months after the enactment
18 of Public Act 78-355 subject to confiscation or seizure under
19 the provisions of that Public Act. Nothing in Public Act
20 78-355 shall be construed to prohibit the gift or trade of any
21 firearm if that firearm was legally held or acquired within 6
22 months after the enactment of that Public Act.
23 (C) Sentence.
24 (1) Any person convicted of unlawful sale or delivery
25 of firearms in violation of paragraph (c), (e), (f), (g),
26 or (h) of subsection (A) commits a Class 4 felony.
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1 (2) Any person convicted of unlawful sale or delivery
2 of firearms in violation of paragraph (b) or (i) of
3 subsection (A) commits a Class 3 felony.
4 (3) Any person convicted of unlawful sale or delivery
5 of firearms in violation of paragraph (a) of subsection
6 (A) commits a Class 2 felony.
7 (4) Any person convicted of unlawful sale or delivery
8 of firearms in violation of paragraph (a), (b), or (i) of
9 subsection (A) in any school, on the real property
10 comprising a school, within 1,000 feet of the real
11 property comprising a school, at a school related
12 activity, or on or within 1,000 feet of any conveyance
13 owned, leased, or contracted by a school or school
14 district to transport students to or from school or a
15 school related activity, regardless of the time of day or
16 time of year at which the offense was committed, commits a
17 Class 1 felony. Any person convicted of a second or
18 subsequent violation of unlawful sale or delivery of
19 firearms in violation of paragraph (a), (b), or (i) of
20 subsection (A) in any school, on the real property
21 comprising a school, within 1,000 feet of the real
22 property comprising a school, at a school related
23 activity, or on or within 1,000 feet of any conveyance
24 owned, leased, or contracted by a school or school
25 district to transport students to or from school or a
26 school related activity, regardless of the time of day or
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1 time of year at which the offense was committed, commits a
2 Class 1 felony for which the sentence shall be a term of
3 imprisonment of no less than 5 years and no more than 15
4 years.
5 (5) Any person convicted of unlawful sale or delivery
6 of firearms in violation of paragraph (a) or (i) of
7 subsection (A) in residential property owned, operated, or
8 managed by a public housing agency or leased by a public
9 housing agency as part of a scattered site or mixed-income
10 development, in a public park, in a courthouse, on
11 residential property owned, operated, or managed by a
12 public housing agency or leased by a public housing agency
13 as part of a scattered site or mixed-income development,
14 on the real property comprising any public park, on the
15 real property comprising any courthouse, or on any public
16 way within 1,000 feet of the real property comprising any
17 public park, courthouse, or residential property owned,
18 operated, or managed by a public housing agency or leased
19 by a public housing agency as part of a scattered site or
20 mixed-income development commits a Class 2 felony.
21 (6) Any person convicted of unlawful sale or delivery
22 of firearms in violation of paragraph (j) of subsection
23 (A) commits a Class A misdemeanor. A second or subsequent
24 violation is a Class 4 felony.
25 (7) Any person convicted of unlawful sale or delivery
26 of firearms in violation of paragraph (k) of subsection
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1 (A) commits a Class 4 felony, except that a violation of
2 subparagraph (1) of paragraph (k) of subsection (A) shall
3 not be punishable as a crime or petty offense. A third or
4 subsequent conviction for a violation of paragraph (k) of
5 subsection (A) is a Class 1 felony.
6 (8) A person 18 years of age or older convicted of
7 unlawful sale or delivery of firearms in violation of
8 paragraph (a) or (i) of subsection (A), when the firearm
9 that was sold or given to another person under 18 years of
10 age was used in the commission of or attempt to commit a
11 forcible felony, shall be fined or imprisoned, or both,
12 not to exceed the maximum provided for the most serious
13 forcible felony so committed or attempted by the person
14 under 18 years of age who was sold or given the firearm.
15 (9) Any person convicted of unlawful sale or delivery
16 of firearms in violation of paragraph (d) of subsection
17 (A) commits a Class 3 felony.
18 (10) Any person convicted of unlawful sale or delivery
19 of firearms in violation of paragraph (l) of subsection
20 (A) commits a Class 2 felony if the delivery is of one
21 firearm. Any person convicted of unlawful sale or delivery
22 of firearms in violation of paragraph (l) of subsection
23 (A) commits a Class 1 felony if the delivery is of not less
24 than 2 and not more than 5 firearms at the same time or
25 within a one-year period. Any person convicted of unlawful
26 sale or delivery of firearms in violation of paragraph (l)
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1 of subsection (A) commits a Class X felony for which he or
2 she shall be sentenced to a term of imprisonment of not
3 less than 6 years and not more than 30 years if the
4 delivery is of not less than 6 and not more than 10
5 firearms at the same time or within a 2-year period. Any
6 person convicted of unlawful sale or delivery of firearms
7 in violation of paragraph (l) of subsection (A) commits a
8 Class X felony for which he or she shall be sentenced to a
9 term of imprisonment of not less than 6 years and not more
10 than 40 years if the delivery is of not less than 11 and
11 not more than 20 firearms at the same time or within a
12 3-year period. Any person convicted of unlawful sale or
13 delivery of firearms in violation of paragraph (l) of
14 subsection (A) commits a Class X felony for which he or she
15 shall be sentenced to a term of imprisonment of not less
16 than 6 years and not more than 50 years if the delivery is
17 of not less than 21 and not more than 30 firearms at the
18 same time or within a 4-year period. Any person convicted
19 of unlawful sale or delivery of firearms in violation of
20 paragraph (l) of subsection (A) commits a Class X felony
21 for which he or she shall be sentenced to a term of
22 imprisonment of not less than 6 years and not more than 60
23 years if the delivery is of 31 or more firearms at the same
24 time or within a 5-year period.
25 (D) For purposes of this Section:
26 "School" means a public or private elementary or secondary
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1 school, community college, college, or university.
2 "School related activity" means any sporting, social,
3 academic, or other activity for which students' attendance or
4 participation is sponsored, organized, or funded in whole or
5 in part by a school or school district.
6 (E) A prosecution for a violation of paragraph (k) of
7 subsection (A) of this Section may be commenced within 6 years
8 after the commission of the offense. A prosecution for a
9 violation of this Section other than paragraph (g) of
10 subsection (A) of this Section may be commenced within 5 years
11 after the commission of the offense defined in the particular
12 paragraph.
13 (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
14 102-813, eff. 5-13-22.)
15 Section 85. The Unified Code of Corrections is amended by
16 changing Section 5-6-1 as follows:
17 (730 ILCS 5/5-6-1) (from Ch. 38, par. 1005-6-1)
18 Sec. 5-6-1. Sentences of probation and of conditional
19 discharge and disposition of supervision. The General
20 Assembly finds that in order to protect the public, the
21 criminal justice system must compel compliance with the
22 conditions of probation by responding to violations with
23 swift, certain and fair punishments and intermediate
24 sanctions. The Chief Judge of each circuit shall adopt a
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1 system of structured, intermediate sanctions for violations of
2 the terms and conditions of a sentence of probation,
3 conditional discharge or disposition of supervision.
4 (a) Except where specifically prohibited by other
5 provisions of this Code, the court shall impose a sentence of
6 probation or conditional discharge upon an offender unless,
7 having regard to the nature and circumstance of the offense,
8 and to the history, character and condition of the offender,
9 the court is of the opinion that:
10 (1) his imprisonment or periodic imprisonment is
11 necessary for the protection of the public; or
12 (2) probation or conditional discharge would deprecate
13 the seriousness of the offender's conduct and would be
14 inconsistent with the ends of justice; or
15 (3) a combination of imprisonment with concurrent or
16 consecutive probation when an offender has been admitted
17 into a drug court program under Section 20 of the Drug
18 Court Treatment Act is necessary for the protection of the
19 public and for the rehabilitation of the offender.
20 The court shall impose as a condition of a sentence of
21 probation, conditional discharge, or supervision, that the
22 probation agency may invoke any sanction from the list of
23 intermediate sanctions adopted by the chief judge of the
24 circuit court for violations of the terms and conditions of
25 the sentence of probation, conditional discharge, or
26 supervision, subject to the provisions of Section 5-6-4 of
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1 this Act.
2 (b) The court may impose a sentence of conditional
3 discharge for an offense if the court is of the opinion that
4 neither a sentence of imprisonment nor of periodic
5 imprisonment nor of probation supervision is appropriate.
6 (b-1) Subsections (a) and (b) of this Section do not apply
7 to a defendant charged with a misdemeanor or felony under the
8 Illinois Vehicle Code or reckless homicide under Section 9-3
9 of the Criminal Code of 1961 or the Criminal Code of 2012 if
10 the defendant within the past 12 months has been convicted of
11 or pleaded guilty to a misdemeanor or felony under the
12 Illinois Vehicle Code or reckless homicide under Section 9-3
13 of the Criminal Code of 1961 or the Criminal Code of 2012.
14 (c) The court may, upon a plea of guilty or a stipulation
15 by the defendant of the facts supporting the charge or a
16 finding of guilt, defer further proceedings and the imposition
17 of a sentence, and enter an order for supervision of the
18 defendant, if the defendant is not charged with: (i) a Class A
19 misdemeanor, as defined by the following provisions of the
20 Criminal Code of 1961 or the Criminal Code of 2012: Sections
21 11-9.1; 12-3.2; 11-1.50 or 12-15; 26-5 or 48-1; 31-1; 31-6;
22 31-7; paragraphs (2) and (3) of subsection (a) of Section
23 21-1; paragraph (1) through (5), (8), (10), and (11) of
24 subsection (a) of Section 24-1; (ii) a Class A misdemeanor
25 violation of Section 3.01, 3.03-1, or 4.01 of the Humane Care
26 for Animals Act; or (iii) a felony. If the defendant is not
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1 barred from receiving an order for supervision as provided in
2 this subsection, the court may enter an order for supervision
3 after considering the circumstances of the offense, and the
4 history, character and condition of the offender, if the court
5 is of the opinion that:
6 (1) the offender is not likely to commit further
7 crimes;
8 (2) the defendant and the public would be best served
9 if the defendant were not to receive a criminal record;
10 and
11 (3) in the best interests of justice an order of
12 supervision is more appropriate than a sentence otherwise
13 permitted under this Code.
14 (c-5) Subsections (a), (b), and (c) of this Section do not
15 apply to a defendant charged with a second or subsequent
16 violation of Section 6-303 of the Illinois Vehicle Code
17 committed while his or her driver's license, permit or
18 privileges were revoked because of a violation of Section 9-3
19 of the Criminal Code of 1961 or the Criminal Code of 2012,
20 relating to the offense of reckless homicide, or a similar
21 provision of a law of another state.
22 (d) The provisions of paragraph (c) shall not apply to a
23 defendant charged with violating Section 11-501 of the
24 Illinois Vehicle Code or a similar provision of a local
25 ordinance when the defendant has previously been:
26 (1) convicted for a violation of Section 11-501 of the
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1 Illinois Vehicle Code or a similar provision of a local
2 ordinance or any similar law or ordinance of another
3 state; or
4 (2) assigned supervision for a violation of Section
5 11-501 of the Illinois Vehicle Code or a similar provision
6 of a local ordinance or any similar law or ordinance of
7 another state; or
8 (3) pleaded guilty to or stipulated to the facts
9 supporting a charge or a finding of guilty to a violation
10 of Section 11-503 of the Illinois Vehicle Code or a
11 similar provision of a local ordinance or any similar law
12 or ordinance of another state, and the plea or stipulation
13 was the result of a plea agreement.
14 The court shall consider the statement of the prosecuting
15 authority with regard to the standards set forth in this
16 Section.
17 (e) The provisions of paragraph (c) shall not apply to a
18 defendant charged with violating Section 16-25 or 16A-3 of the
19 Criminal Code of 1961 or the Criminal Code of 2012 if said
20 defendant has within the last 5 years been:
21 (1) convicted for a violation of Section 16-25 or
22 16A-3 of the Criminal Code of 1961 or the Criminal Code of
23 2012; or
24 (2) assigned supervision for a violation of Section
25 16-25 or 16A-3 of the Criminal Code of 1961 or the Criminal
26 Code of 2012.
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1 The court shall consider the statement of the prosecuting
2 authority with regard to the standards set forth in this
3 Section.
4 (f) The provisions of paragraph (c) shall not apply to a
5 defendant charged with: (1) violating Sections 15-111, 15-112,
6 15-301, paragraph (b) of Section 6-104, Section 11-605,
7 paragraph (d-5) of Section 11-605.1, Section 11-1002.5, or
8 Section 11-1414 of the Illinois Vehicle Code or a similar
9 provision of a local ordinance; or (2) committing a Class A
10 misdemeanor under subsection (c) of Section 11-907 of the
11 Illinois Vehicle Code or a similar provision of a local
12 ordinance.
13 (g) Except as otherwise provided in paragraph (i) of this
14 Section, the provisions of paragraph (c) shall not apply to a
15 defendant charged with violating Section 3-707, 3-708, 3-710,
16 or 5-401.3 of the Illinois Vehicle Code or a similar provision
17 of a local ordinance if the defendant has within the last 5
18 years been:
19 (1) convicted for a violation of Section 3-707, 3-708,
20 3-710, or 5-401.3 of the Illinois Vehicle Code or a
21 similar provision of a local ordinance; or
22 (2) assigned supervision for a violation of Section
23 3-707, 3-708, 3-710, or 5-401.3 of the Illinois Vehicle
24 Code or a similar provision of a local ordinance.
25 The court shall consider the statement of the prosecuting
26 authority with regard to the standards set forth in this
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1 Section.
2 (h) The provisions of paragraph (c) shall not apply to a
3 defendant under the age of 21 years charged with violating a
4 serious traffic offense as defined in Section 1-187.001 of the
5 Illinois Vehicle Code:
6 (1) unless the defendant, upon payment of the fines,
7 penalties, and costs provided by law, agrees to attend and
8 successfully complete a traffic safety program approved by
9 the court under standards set by the Conference of Chief
10 Circuit Judges. The accused shall be responsible for
11 payment of any traffic safety program fees. If the accused
12 fails to file a certificate of successful completion on or
13 before the termination date of the supervision order, the
14 supervision shall be summarily revoked and conviction
15 entered. The provisions of Supreme Court Rule 402 relating
16 to pleas of guilty do not apply in cases when a defendant
17 enters a guilty plea under this provision; or
18 (2) if the defendant has previously been sentenced
19 under the provisions of paragraph (c) on or after January
20 1, 1998 for any serious traffic offense as defined in
21 Section 1-187.001 of the Illinois Vehicle Code.
22 (h-1) The provisions of paragraph (c) shall not apply to a
23 defendant under the age of 21 years charged with an offense
24 against traffic regulations governing the movement of vehicles
25 or any violation of Section 6-107 or Section 12-603.1 of the
26 Illinois Vehicle Code, unless the defendant, upon payment of
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1 the fines, penalties, and costs provided by law, agrees to
2 attend and successfully complete a traffic safety program
3 approved by the court under standards set by the Conference of
4 Chief Circuit Judges. The accused shall be responsible for
5 payment of any traffic safety program fees. If the accused
6 fails to file a certificate of successful completion on or
7 before the termination date of the supervision order, the
8 supervision shall be summarily revoked and conviction entered.
9 The provisions of Supreme Court Rule 402 relating to pleas of
10 guilty do not apply in cases when a defendant enters a guilty
11 plea under this provision.
12 (i) The provisions of paragraph (c) shall not apply to a
13 defendant charged with violating Section 3-707 of the Illinois
14 Vehicle Code or a similar provision of a local ordinance if the
15 defendant has been assigned supervision for a violation of
16 Section 3-707 of the Illinois Vehicle Code or a similar
17 provision of a local ordinance.
18 (j) The provisions of paragraph (c) shall not apply to a
19 defendant charged with violating Section 6-303 of the Illinois
20 Vehicle Code or a similar provision of a local ordinance when
21 the revocation or suspension was for a violation of Section
22 11-501 or a similar provision of a local ordinance or a
23 violation of Section 11-501.1 or paragraph (b) of Section
24 11-401 of the Illinois Vehicle Code if the defendant has
25 within the last 10 years been:
26 (1) convicted for a violation of Section 6-303 of the
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1 Illinois Vehicle Code or a similar provision of a local
2 ordinance; or
3 (2) assigned supervision for a violation of Section
4 6-303 of the Illinois Vehicle Code or a similar provision
5 of a local ordinance.
6 (k) The provisions of paragraph (c) shall not apply to a
7 defendant charged with violating any provision of the Illinois
8 Vehicle Code or a similar provision of a local ordinance that
9 governs the movement of vehicles if, within the 12 months
10 preceding the date of the defendant's arrest, the defendant
11 has been assigned court supervision on 2 occasions for a
12 violation that governs the movement of vehicles under the
13 Illinois Vehicle Code or a similar provision of a local
14 ordinance. The provisions of this paragraph (k) do not apply
15 to a defendant charged with violating Section 11-501 of the
16 Illinois Vehicle Code or a similar provision of a local
17 ordinance.
18 (l) (Blank).
19 (m) (Blank).
20 (n) The provisions of paragraph (c) shall not apply to any
21 person under the age of 18 who commits an offense against
22 traffic regulations governing the movement of vehicles or any
23 violation of Section 6-107 or Section 12-603.1 of the Illinois
24 Vehicle Code, except upon personal appearance of the defendant
25 in court and upon the written consent of the defendant's
26 parent or legal guardian, executed before the presiding judge.
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1 The presiding judge shall have the authority to waive this
2 requirement upon the showing of good cause by the defendant.
3 (o) The provisions of paragraph (c) shall not apply to a
4 defendant charged with violating Section 6-303 of the Illinois
5 Vehicle Code or a similar provision of a local ordinance when
6 the suspension was for a violation of Section 11-501.1 of the
7 Illinois Vehicle Code and when:
8 (1) at the time of the violation of Section 11-501.1
9 of the Illinois Vehicle Code, the defendant was a first
10 offender pursuant to Section 11-500 of the Illinois
11 Vehicle Code and the defendant failed to obtain a
12 monitoring device driving permit; or
13 (2) at the time of the violation of Section 11-501.1
14 of the Illinois Vehicle Code, the defendant was a first
15 offender pursuant to Section 11-500 of the Illinois
16 Vehicle Code, had subsequently obtained a monitoring
17 device driving permit, but was driving a vehicle not
18 equipped with a breath alcohol ignition interlock device
19 as defined in Section 1-129.1 of the Illinois Vehicle
20 Code.
21 (p) The provisions of paragraph (c) shall not apply to a
22 defendant charged with violating Section 11-601.5 of the
23 Illinois Vehicle Code or a similar provision of a local
24 ordinance when the defendant has previously been:
25 (1) convicted for a violation of Section 11-601.5 of
26 the Illinois Vehicle Code or a similar provision of a
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1 local ordinance or any similar law or ordinance of another
2 state; or
3 (2) assigned supervision for a violation of Section
4 11-601.5 of the Illinois Vehicle Code or a similar
5 provision of a local ordinance or any similar law or
6 ordinance of another state.
7 (q) The provisions of paragraph (c) shall not apply to a
8 defendant charged with violating subsection (b) of Section
9 11-601 or Section 11-601.5 of the Illinois Vehicle Code when
10 the defendant was operating a vehicle, in an urban district,
11 at a speed that is 26 miles per hour or more in excess of the
12 applicable maximum speed limit established under Chapter 11 of
13 the Illinois Vehicle Code.
14 (r) The provisions of paragraph (c) shall not apply to a
15 defendant charged with violating any provision of the Illinois
16 Vehicle Code or a similar provision of a local ordinance if the
17 violation was the proximate cause of the death of another and
18 the defendant's driving abstract contains a prior conviction
19 or disposition of court supervision for any violation of the
20 Illinois Vehicle Code, other than an equipment violation, or a
21 suspension, revocation, or cancellation of the driver's
22 license.
23 (s) (Blank). The provisions of paragraph (c) shall not
24 apply to a defendant charged with violating subsection (i) of
25 Section 70 of the Firearm Concealed Carry Act.
26 (Source: P.A. 100-987, eff. 7-1-19; 101-173, eff. 1-1-20.)
HB1034- 207 -LRB104 03480 RLC 13503 b 1 INDEX 2 Statutes amended in order of appearance 3 5 ILCS 120/2from Ch. 102, par. 424 5 ILCS 140/7.55 5 ILCS 805/156 5 ILCS 830/10-57 15 ILCS 305/13.5 rep.8 20 ILCS 2605/2605-10was 20 ILCS 2605/55a in part9 20 ILCS 2605/2605-45was 20 ILCS 2605/55a-510 20 ILCS 2605/2605-200was 20 ILCS 2605/55a in part11 20 ILCS 2605/2605-59512 20 ILCS 2605/2605-60513 20 ILCS 3930/7.914 30 ILCS 105/6z-9915 30 ILCS 105/6z-12716 30 ILCS 500/1-1017 235 ILCS 5/10-1from Ch. 43, par. 18318 430 ILCS 65/2from Ch. 38, par. 83-219 430 ILCS 65/3from Ch. 38, par. 83-320 430 ILCS 65/3.1from Ch. 38, par. 83-3.121 430 ILCS 65/4from Ch. 38, par. 83-422 430 ILCS 65/5from Ch. 38, par. 83-523 430 ILCS 65/7from Ch. 38, par. 83-724 430 ILCS 65/8.525 430 ILCS 65/13.1from Ch. 38, par. 83-13.1 HB1034- 208 -LRB104 03480 RLC 13503 b HB1034- 207 -LRB104 03480 RLC 13503 b HB1034 - 207 - LRB104 03480 RLC 13503 b 1 INDEX 2 Statutes amended in order of appearance 3 5 ILCS 120/2 from Ch. 102, par. 42 4 5 ILCS 140/7.5 5 5 ILCS 805/15 6 5 ILCS 830/10-5 7 15 ILCS 305/13.5 rep. 8 20 ILCS 2605/2605-10 was 20 ILCS 2605/55a in part 9 20 ILCS 2605/2605-45 was 20 ILCS 2605/55a-5 10 20 ILCS 2605/2605-200 was 20 ILCS 2605/55a in part 11 20 ILCS 2605/2605-595 12 20 ILCS 2605/2605-605 13 20 ILCS 3930/7.9 14 30 ILCS 105/6z-99 15 30 ILCS 105/6z-127 16 30 ILCS 500/1-10 17 235 ILCS 5/10-1 from Ch. 43, par. 183 18 430 ILCS 65/2 from Ch. 38, par. 83-2 19 430 ILCS 65/3 from Ch. 38, par. 83-3 20 430 ILCS 65/3.1 from Ch. 38, par. 83-3.1 21 430 ILCS 65/4 from Ch. 38, par. 83-4 22 430 ILCS 65/5 from Ch. 38, par. 83-5 23 430 ILCS 65/7 from Ch. 38, par. 83-7 24 430 ILCS 65/8.5 25 430 ILCS 65/13.1 from Ch. 38, par. 83-13.1 HB1034- 208 -LRB104 03480 RLC 13503 b HB1034 - 208 - LRB104 03480 RLC 13503 b
HB1034- 207 -LRB104 03480 RLC 13503 b HB1034 - 207 - LRB104 03480 RLC 13503 b
HB1034 - 207 - LRB104 03480 RLC 13503 b
1 INDEX
2 Statutes amended in order of appearance
3 5 ILCS 120/2 from Ch. 102, par. 42
4 5 ILCS 140/7.5
5 5 ILCS 805/15
6 5 ILCS 830/10-5
7 15 ILCS 305/13.5 rep.
8 20 ILCS 2605/2605-10 was 20 ILCS 2605/55a in part
9 20 ILCS 2605/2605-45 was 20 ILCS 2605/55a-5
10 20 ILCS 2605/2605-200 was 20 ILCS 2605/55a in part
11 20 ILCS 2605/2605-595
12 20 ILCS 2605/2605-605
13 20 ILCS 3930/7.9
14 30 ILCS 105/6z-99
15 30 ILCS 105/6z-127
16 30 ILCS 500/1-10
17 235 ILCS 5/10-1 from Ch. 43, par. 183
18 430 ILCS 65/2 from Ch. 38, par. 83-2
19 430 ILCS 65/3 from Ch. 38, par. 83-3
20 430 ILCS 65/3.1 from Ch. 38, par. 83-3.1
21 430 ILCS 65/4 from Ch. 38, par. 83-4
22 430 ILCS 65/5 from Ch. 38, par. 83-5
23 430 ILCS 65/7 from Ch. 38, par. 83-7
24 430 ILCS 65/8.5
25 430 ILCS 65/13.1 from Ch. 38, par. 83-13.1
HB1034- 208 -LRB104 03480 RLC 13503 b HB1034 - 208 - LRB104 03480 RLC 13503 b
HB1034 - 208 - LRB104 03480 RLC 13503 b
HB1034 - 206 - LRB104 03480 RLC 13503 b
HB1034- 207 -LRB104 03480 RLC 13503 b HB1034 - 207 - LRB104 03480 RLC 13503 b
HB1034 - 207 - LRB104 03480 RLC 13503 b
1 INDEX
2 Statutes amended in order of appearance
3 5 ILCS 120/2 from Ch. 102, par. 42
4 5 ILCS 140/7.5
5 5 ILCS 805/15
6 5 ILCS 830/10-5
7 15 ILCS 305/13.5 rep.
8 20 ILCS 2605/2605-10 was 20 ILCS 2605/55a in part
9 20 ILCS 2605/2605-45 was 20 ILCS 2605/55a-5
10 20 ILCS 2605/2605-200 was 20 ILCS 2605/55a in part
11 20 ILCS 2605/2605-595
12 20 ILCS 2605/2605-605
13 20 ILCS 3930/7.9
14 30 ILCS 105/6z-99
15 30 ILCS 105/6z-127
16 30 ILCS 500/1-10
17 235 ILCS 5/10-1 from Ch. 43, par. 183
18 430 ILCS 65/2 from Ch. 38, par. 83-2
19 430 ILCS 65/3 from Ch. 38, par. 83-3
20 430 ILCS 65/3.1 from Ch. 38, par. 83-3.1
21 430 ILCS 65/4 from Ch. 38, par. 83-4
22 430 ILCS 65/5 from Ch. 38, par. 83-5
23 430 ILCS 65/7 from Ch. 38, par. 83-7
24 430 ILCS 65/8.5
25 430 ILCS 65/13.1 from Ch. 38, par. 83-13.1
HB1034 - 207 - LRB104 03480 RLC 13503 b
HB1034- 208 -LRB104 03480 RLC 13503 b HB1034 - 208 - LRB104 03480 RLC 13503 b
HB1034 - 208 - LRB104 03480 RLC 13503 b
HB1034 - 208 - LRB104 03480 RLC 13503 b