Illinois 2025-2026 Regular Session

Illinois House Bill HB3688 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3688 Introduced , by Rep. Maura Hirschauer SYNOPSIS AS INTRODUCED: See Index Creates the Safe Gun Storage Act. Provides that a firearm owner shall not store or keep any firearm in any premises where the firearm owner knows or reasonably should know a minor without the lawful permission of the minor's parent, guardian, or person having charge of the minor, an at-risk person, or a prohibited person is likely to gain access to the firearm unless the firearm is secured in a locked container, properly engaged so as to render the firearm inaccessible or unusable to any person other than the owner or other lawfully authorized user. Provides that if the firearm is carried by or under the control of the owner or other lawfully authorized user, then the firearm is deemed lawfully stored or kept. Provides that a violation of the Act is subject to a civil penalty not to exceed $500, except (i) if any person knows or reasonably should know that a minor, an at-risk person, or a prohibited person is likely to gain access to a firearm belonging to or under the control of that person, and a minor, an at-risk person, or a prohibited person obtains the firearm, the civil penalty shall not exceed $1,000 and (ii) if a minor, an at-risk person, or a prohibited person obtains a firearm and uses it to injure or cause the death of a person or uses the firearm in connection with a crime, the civil penalty shall not exceed $10,000. Provides that the court may order a person who is found in violation of the Act to perform community service or pay restitution in lieu of the civil penalties imposed under this Section if good cause is shown. Provides that nothing in the Act shall be construed to preclude civil liabilities for violations of the Act. Provides that a violation of the Act is prima facie evidence of negligence per se in any civil proceeding if a minor, an at-risk person, or a prohibited person obtains a firearm and causes personal injury to the death of oneself or another or uses the firearm in the commission of a crime. Provides that an action to collect a civil penalty under the Act may be brought by the Attorney General or the State's Attorney of the county in which the violation occurred. Provides that any money received from the collection of a civil penalty under the Act shall be deposited in the Mental Health Fund. Defines terms. Amends various Acts to make conforming changes. Effective January 1, 2026. LRB104 08624 RLC 18676 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3688 Introduced , by Rep. Maura Hirschauer SYNOPSIS AS INTRODUCED: See Index See Index Creates the Safe Gun Storage Act. Provides that a firearm owner shall not store or keep any firearm in any premises where the firearm owner knows or reasonably should know a minor without the lawful permission of the minor's parent, guardian, or person having charge of the minor, an at-risk person, or a prohibited person is likely to gain access to the firearm unless the firearm is secured in a locked container, properly engaged so as to render the firearm inaccessible or unusable to any person other than the owner or other lawfully authorized user. Provides that if the firearm is carried by or under the control of the owner or other lawfully authorized user, then the firearm is deemed lawfully stored or kept. Provides that a violation of the Act is subject to a civil penalty not to exceed $500, except (i) if any person knows or reasonably should know that a minor, an at-risk person, or a prohibited person is likely to gain access to a firearm belonging to or under the control of that person, and a minor, an at-risk person, or a prohibited person obtains the firearm, the civil penalty shall not exceed $1,000 and (ii) if a minor, an at-risk person, or a prohibited person obtains a firearm and uses it to injure or cause the death of a person or uses the firearm in connection with a crime, the civil penalty shall not exceed $10,000. Provides that the court may order a person who is found in violation of the Act to perform community service or pay restitution in lieu of the civil penalties imposed under this Section if good cause is shown. Provides that nothing in the Act shall be construed to preclude civil liabilities for violations of the Act. Provides that a violation of the Act is prima facie evidence of negligence per se in any civil proceeding if a minor, an at-risk person, or a prohibited person obtains a firearm and causes personal injury to the death of oneself or another or uses the firearm in the commission of a crime. Provides that an action to collect a civil penalty under the Act may be brought by the Attorney General or the State's Attorney of the county in which the violation occurred. Provides that any money received from the collection of a civil penalty under the Act shall be deposited in the Mental Health Fund. Defines terms. Amends various Acts to make conforming changes. Effective January 1, 2026. LRB104 08624 RLC 18676 b LRB104 08624 RLC 18676 b A BILL FOR
2	2	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3688 Introduced , by Rep. Maura Hirschauer SYNOPSIS AS INTRODUCED:
3	3	See Index See Index
4	4	See Index
5	5	Creates the Safe Gun Storage Act. Provides that a firearm owner shall not store or keep any firearm in any premises where the firearm owner knows or reasonably should know a minor without the lawful permission of the minor's parent, guardian, or person having charge of the minor, an at-risk person, or a prohibited person is likely to gain access to the firearm unless the firearm is secured in a locked container, properly engaged so as to render the firearm inaccessible or unusable to any person other than the owner or other lawfully authorized user. Provides that if the firearm is carried by or under the control of the owner or other lawfully authorized user, then the firearm is deemed lawfully stored or kept. Provides that a violation of the Act is subject to a civil penalty not to exceed $500, except (i) if any person knows or reasonably should know that a minor, an at-risk person, or a prohibited person is likely to gain access to a firearm belonging to or under the control of that person, and a minor, an at-risk person, or a prohibited person obtains the firearm, the civil penalty shall not exceed $1,000 and (ii) if a minor, an at-risk person, or a prohibited person obtains a firearm and uses it to injure or cause the death of a person or uses the firearm in connection with a crime, the civil penalty shall not exceed $10,000. Provides that the court may order a person who is found in violation of the Act to perform community service or pay restitution in lieu of the civil penalties imposed under this Section if good cause is shown. Provides that nothing in the Act shall be construed to preclude civil liabilities for violations of the Act. Provides that a violation of the Act is prima facie evidence of negligence per se in any civil proceeding if a minor, an at-risk person, or a prohibited person obtains a firearm and causes personal injury to the death of oneself or another or uses the firearm in the commission of a crime. Provides that an action to collect a civil penalty under the Act may be brought by the Attorney General or the State's Attorney of the county in which the violation occurred. Provides that any money received from the collection of a civil penalty under the Act shall be deposited in the Mental Health Fund. Defines terms. Amends various Acts to make conforming changes. Effective January 1, 2026.
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11	11	1 AN ACT concerning firearms.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Section 1. Short title. This Act may be cited as the Safe
15	15	5 Gun Storage Act.
16	16	6 Section 5. Storage of firearms. A firearm owner shall not
17	17	7 store or keep any firearm in any premises where the firearm
18	18	8 owner knows or reasonably should know a minor without the
19	19	9 lawful permission of the minor's parent, guardian, or person
20	20	10 having charge of the minor, an at-risk person, or a prohibited
21	21	11 person is likely to gain access to the firearm unless the
22	22	12 firearm is secured in a locked container, properly engaged so
23	23	13 as to render the firearm inaccessible or unusable to any
24	24	14 person other than the owner or other lawfully authorized user.
25	25	15 If the firearm is carried by or under the control of the owner
26	26	16 or other lawfully authorized user, then the firearm is deemed
27	27	17 lawfully stored or kept.
28	28	18 Section 10. Penalties; violations.
29	29	19 (a) In this Act:
30	30	20 "At-risk person" means a person who has made statements or
31	31	21 exhibited behavior that indicates to a reasonable person there
32	32	22 is a likelihood that the person is at risk of attempting
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36	36	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3688 Introduced , by Rep. Maura Hirschauer SYNOPSIS AS INTRODUCED:
37	37	See Index See Index
38	38	See Index
39	39	Creates the Safe Gun Storage Act. Provides that a firearm owner shall not store or keep any firearm in any premises where the firearm owner knows or reasonably should know a minor without the lawful permission of the minor's parent, guardian, or person having charge of the minor, an at-risk person, or a prohibited person is likely to gain access to the firearm unless the firearm is secured in a locked container, properly engaged so as to render the firearm inaccessible or unusable to any person other than the owner or other lawfully authorized user. Provides that if the firearm is carried by or under the control of the owner or other lawfully authorized user, then the firearm is deemed lawfully stored or kept. Provides that a violation of the Act is subject to a civil penalty not to exceed $500, except (i) if any person knows or reasonably should know that a minor, an at-risk person, or a prohibited person is likely to gain access to a firearm belonging to or under the control of that person, and a minor, an at-risk person, or a prohibited person obtains the firearm, the civil penalty shall not exceed $1,000 and (ii) if a minor, an at-risk person, or a prohibited person obtains a firearm and uses it to injure or cause the death of a person or uses the firearm in connection with a crime, the civil penalty shall not exceed $10,000. Provides that the court may order a person who is found in violation of the Act to perform community service or pay restitution in lieu of the civil penalties imposed under this Section if good cause is shown. Provides that nothing in the Act shall be construed to preclude civil liabilities for violations of the Act. Provides that a violation of the Act is prima facie evidence of negligence per se in any civil proceeding if a minor, an at-risk person, or a prohibited person obtains a firearm and causes personal injury to the death of oneself or another or uses the firearm in the commission of a crime. Provides that an action to collect a civil penalty under the Act may be brought by the Attorney General or the State's Attorney of the county in which the violation occurred. Provides that any money received from the collection of a civil penalty under the Act shall be deposited in the Mental Health Fund. Defines terms. Amends various Acts to make conforming changes. Effective January 1, 2026.
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67	67	1 suicide or causing physical harm to oneself or others.
68	68	2 "Minor" means a person under 18 years of age; however,
69	69	3 "minor" does not include a member of the United States Armed
70	70	4 Forces or the Illinois National Guard.
71	71	5 "Premises" includes any land, building, structure,
72	72	6 vehicle, or place directly or indirectly under the control of
73	73	7 the firearm owner.
74	74	8 "Prohibited person" means a person ineligible under
75	75	9 federal or State law to possess a firearm. "Prohibited person"
76	76	10 does not include a person who is otherwise eligible to own a
77	77	11 firearm pursuant to the Firearm Owners Identification Card Act
78	78	12 but does not, at the time of the violation, have a Firearm
79	79	13 Owner's Identification Card.
80	80	14 (b)(1) Except as otherwise provided in paragraphs (2) and
81	81	15 (3) of this subsection (b), a violation of Section 5 is subject
82	82	16 to a civil penalty not to exceed $500.
83	83	17 (2) If any person knows or reasonably should know that a
84	84	18 minor, an at-risk person, or a prohibited person is likely to
85	85	19 gain access to a firearm belonging to or under the control of
86	86	20 that person, and a minor, an at-risk person, or a prohibited
87	87	21 person obtains the firearm, the civil penalty shall not exceed
88	88	22 $1,000.
89	89	23 (3) If a minor, an at-risk person, or a prohibited person
90	90	24 obtains a firearm and uses it to injure or cause the death of a
91	91	25 person or uses the firearm in connection with a crime, the
92	92	26 civil penalty shall not exceed $10,000.
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103	103	1 (c) The court may order a person who is found in violation
104	104	2 of Section 5 to perform community service or pay restitution
105	105	3 in lieu of the civil penalties imposed under this Section if
106	106	4 good cause is shown.
107	107	5 (d) Nothing in this Act shall be construed to preclude
108	108	6 civil liabilities for violations of this Act.
109	109	7 (e) A violation of this Act is prima facie evidence of
110	110	8 negligence per se in any civil proceeding if a minor, an
111	111	9 at-risk person, or a prohibited person obtains a firearm and
112	112	10 causes personal injury or the death of oneself or another or
113	113	11 uses the firearm in the commission of a crime.
114	114	12 (f) An action to collect a civil penalty under this Act may
115	115	13 be brought by the Attorney General or the State's Attorney of
116	116	14 the county in which the violation occurred. Any money received
117	117	15 from the collection of a civil penalty under this Act shall be
118	118	16 deposited in the Mental Health Fund.
119	119	17 Section 90. The Firearm Owners Identification Card Act is
120	120	18 amended by changing Sections 3, 3.1, 8, and 8.1 and by adding
121	121	19 Section 7.10 as follows:
122	122	20 (430 ILCS 65/3) (from Ch. 38, par. 83-3)
123	123	21 Sec. 3. (a) Except as provided in Section 3a, no person may
124	124	22 knowingly transfer, or cause to be transferred, any firearm,
125	125	23 firearm ammunition, stun gun, or taser to any person within
126	126	24 this State unless the transferee with whom he deals displays
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137	137	1 either: (1) a currently valid Firearm Owner's Identification
138	138	2 Card which has previously been issued in his or her name by the
139	139	3 Illinois State Police under the provisions of this Act; or (2)
140	140	4 a currently valid license to carry a concealed firearm which
141	141	5 has previously been issued in his or her name by the Illinois
142	142	6 State Police under the Firearm Concealed Carry Act. In
143	143	7 addition, all firearm, stun gun, and taser transfers by
144	144	8 federally licensed firearm dealers are subject to Section 3.1
145	145	9 and beginning January 1, 2026, the federally licensed firearm
146	146	10 dealers shall check the Illinois State Police Internet-based
147	147	11 system upon which the serial numbers of firearms that have
148	148	12 been reported stolen are available for public access for
149	149	13 individuals to ensure any firearms are not reported stolen
150	150	14 prior to the sale or transfer of a firearm under subsection
151	151	15 (a-25) of this Section. New firearms shipped directly from the
152	152	16 manufacturer are exempt from this provision.
153	153	17 (a-5) Any person who is not a federally licensed firearm
154	154	18 dealer and who desires to transfer or sell a firearm while that
155	155	19 person is on the grounds of a gun show must, before selling or
156	156	20 transferring the firearm, request the Illinois State Police to
157	157	21 conduct a background check on the prospective recipient of the
158	158	22 firearm in accordance with Section 3.1 and beginning January
159	159	23 1, 2026, the Illinois State Police shall check the Illinois
160	160	24 State Police Internet-based system upon which the serial
161	161	25 numbers of firearms that have been reported stolen are
162	162	26 available for public access for individuals to ensure any
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173	173	1 firearms are not reported stolen prior to the sale or transfer
174	174	2 of a firearm under subsection {a-25} of this Section. New
175	175	3 firearms shipped directly from the manufacturer are exempt
176	176	4 from this provision.
177	177	5 (a-10) Notwithstanding item (2) of subsection (a) of this
178	178	6 Section, any person who is not a federally licensed firearm
179	179	7 dealer and who desires to transfer or sell a firearm or
180	180	8 firearms to any person who is not a federally licensed firearm
181	181	9 dealer shall, before selling or transferring the firearms,
182	182	10 contact a federal firearm license dealer under paragraph (1)
183	183	11 of subsection (a-15) of this Section to conduct the transfer
184	184	12 or the Illinois State Police with the transferee's or
185	185	13 purchaser's Firearm Owner's Identification Card number to
186	186	14 determine the validity of the transferee's or purchaser's
187	187	15 Firearm Owner's Identification Card under State and federal
188	188	16 law, including the National Instant Criminal Background Check
189	189	17 System. This subsection shall not be effective until July 1,
190	190	18 2023. Until that date the transferor shall contact the
191	191	19 Illinois State Police with the transferee's or purchaser's
192	192	20 Firearm Owner's Identification Card number to determine the
193	193	21 validity of the card. The Illinois State Police may adopt
194	194	22 rules concerning the implementation of this subsection. The
195	195	23 Illinois State Police shall provide the seller or transferor
196	196	24 an approval number if the purchaser's Firearm Owner's
197	197	25 Identification Card is valid. Approvals issued by the Illinois
198	198	26 State Police for the purchase of a firearm pursuant to this
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209	209	1 subsection are valid for 30 days from the date of issue.
210	210	2 (a-15) The provisions of subsection (a-10) of this Section
211	211	3 do not apply to:
212	212	4 (1) transfers that occur at the place of business of a
213	213	5 federally licensed firearm dealer, if the federally
214	214	6 licensed firearm dealer conducts a background check on the
215	215	7 prospective recipient of the firearm in accordance with
216	216	8 Section 3.1 of this Act and follows all other applicable
217	217	9 federal, State, and local laws as if he or she were the
218	218	10 seller or transferor of the firearm, although the dealer
219	219	11 is not required to accept the firearm into his or her
220	220	12 inventory. The purchaser or transferee may be required by
221	221	13 the federally licensed firearm dealer to pay a fee not to
222	222	14 exceed $25 per firearm, which the dealer may retain as
223	223	15 compensation for performing the functions required under
224	224	16 this paragraph, plus the applicable fees authorized by
225	225	17 Section 3.1;
226	226	18 (2) transfers as a bona fide gift to the transferor's
227	227	19 husband, wife, son, daughter, stepson, stepdaughter,
228	228	20 father, mother, stepfather, stepmother, brother, sister,
229	229	21 nephew, niece, uncle, aunt, grandfather, grandmother,
230	230	22 grandson, granddaughter, father-in-law, mother-in-law,
231	231	23 son-in-law, or daughter-in-law;
232	232	24 (3) transfers by persons acting pursuant to operation
233	233	25 of law or a court order;
234	234	26 (4) transfers on the grounds of a gun show under
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245	245	1 subsection (a-5) of this Section;
246	246	2 (5) the delivery of a firearm by its owner to a
247	247	3 gunsmith for service or repair, the return of the firearm
248	248	4 to its owner by the gunsmith, or the delivery of a firearm
249	249	5 by a gunsmith to a federally licensed firearms dealer for
250	250	6 service or repair and the return of the firearm to the
251	251	7 gunsmith;
252	252	8 (6) temporary transfers that occur while in the home
253	253	9 of the unlicensed transferee, if the unlicensed transferee
254	254	10 is not otherwise prohibited from possessing firearms and
255	255	11 the unlicensed transferee reasonably believes that
256	256	12 possession of the firearm is necessary to prevent imminent
257	257	13 death or great bodily harm to the unlicensed transferee;
258	258	14 (7) transfers to a law enforcement or corrections
259	259	15 agency or a law enforcement or corrections officer acting
260	260	16 within the course and scope of his or her official duties;
261	261	17 (8) transfers of firearms that have been rendered
262	262	18 permanently inoperable to a nonprofit historical society,
263	263	19 museum, or institutional collection; and
264	264	20 (9) transfers to a person who is exempt from the
265	265	21 requirement of possessing a Firearm Owner's Identification
266	266	22 Card under Section 2 of this Act.
267	267	23 (a-20) The Illinois State Police shall develop an
268	268	24 Internet-based system for individuals to determine the
269	269	25 validity of a Firearm Owner's Identification Card prior to the
270	270	26 sale or transfer of a firearm. The Illinois State Police shall
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281	281	1 have the Internet-based system updated and available for use
282	282	2 by January 1, 2024. The Illinois State Police shall adopt
283	283	3 rules not inconsistent with this Section to implement this
284	284	4 system; but no rule shall allow the Illinois State Police to
285	285	5 retain records in contravention of State and federal law. The
286	286	6 Internet-based system shall include a written notice, in both
287	287	7 English and Spanish, of a firearm owner's obligation to report
288	288	8 to local law enforcement any lost or stolen firearm within 48
289	289	9 hours after the owner first discovers the loss or theft.
290	290	10 (a-25) On or before January 1, 2022, the Illinois State
291	291	11 Police shall develop an Internet-based system upon which the
292	292	12 serial numbers of firearms that have been reported stolen are
293	293	13 available for public access for individuals to ensure any
294	294	14 firearms are not reported stolen prior to the sale or transfer
295	295	15 of a firearm under this Section. The Illinois State Police
296	296	16 shall have the Internet-based system completed and available
297	297	17 for use by July 1, 2022. The Illinois State Police shall adopt
298	298	18 rules not inconsistent with this Section to implement this
299	299	19 system. On or before January 1, 2026, the Illinois State
300	300	20 Police shall make the Internet-based system created under this
301	301	21 subsection accessible to federally licensed firearms dealers
302	302	22 to verify that the make, model, and serial numbers of firearms
303	303	23 that are being bought, sold, or transferred by the dealers
304	304	24 have not been reported stolen and shall also provide a receipt
305	305	25 or approval number to a transferor or federally licensed
306	306	26 firearms dealer as verification that the firearm being
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317	317	1 transferred did not appear on the stolen firearm database.
318	318	2 (a-30) The Illinois State Police shall establish an
319	319	3 electronic mechanism by which law enforcement shall report
320	320	4 individuals who have failed to report the loss or theft of a
321	321	5 firearm pursuant to Section 24-4.1 of the Criminal Code of
322	322	6 2012.
323	323	7 (b) Any person within this State who transfers or causes
324	324	8 to be transferred any firearm, stun gun, or taser shall keep a
325	325	9 record of such transfer for a period of 10 years from the date
326	326	10 of transfer. Any person within this State who receives any
327	327	11 firearm, stun gun, or taser pursuant to subsection (a-10)
328	328	12 shall provide a record of the transfer within 10 days of the
329	329	13 transfer to a federally licensed firearm dealer and shall not
330	330	14 be required to maintain a transfer record. The federally
331	331	15 licensed firearm dealer shall maintain the transfer record for
332	332	16 20 years from the date of receipt. A federally licensed
333	333	17 firearm dealer may charge a fee not to exceed $25 to retain the
334	334	18 record. The record shall be provided and maintained in either
335	335	19 an electronic or paper format. The federally licensed firearm
336	336	20 dealer shall not be liable for the accuracy of any information
337	337	21 in the transfer record submitted pursuant to this Section.
338	338	22 Such records shall contain the date of the transfer; the
339	339	23 description, serial number or other information identifying
340	340	24 the firearm, stun gun, or taser if no serial number is
341	341	25 available; and, if the transfer was completed within this
342	342	26 State, the transferee's Firearm Owner's Identification Card
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353	353	1 number and any approval number or documentation provided by
354	354	2 the Illinois State Police pursuant to subsection (a-10) of
355	355	3 this Section; if the transfer was not completed within this
356	356	4 State, the record shall contain the name and address of the
357	357	5 transferee. On or after January 1, 2006, the record shall
358	358	6 contain the date of application for transfer of the firearm.
359	359	7 On demand of a peace officer such transferor shall produce for
360	360	8 inspection such record of transfer. For any transfer pursuant
361	361	9 to subsection (a-10) of this Section, on the demand of a peace
362	362	10 officer, such transferee shall identify the federally licensed
363	363	11 firearm dealer maintaining the transfer record. If the
364	364	12 transfer or sale took place at a gun show, the record shall
365	365	13 include the unique identification number. Failure to record
366	366	14 the unique identification number or approval number is a petty
367	367	15 offense. For transfers of a firearm, stun gun, or taser made on
368	368	16 or after January 18, 2019 (the effective date of Public Act
369	369	17 100-1178), failure by the private seller to maintain the
370	370	18 transfer records in accordance with this Section, or failure
371	371	19 by a transferee pursuant to subsection a-10 of this Section to
372	372	20 identify the federally licensed firearm dealer maintaining the
373	373	21 transfer record, is a Class A misdemeanor for the first
374	374	22 offense and a Class 4 felony for a second or subsequent offense
375	375	23 occurring within 10 years of the first offense and the second
376	376	24 offense was committed after conviction of the first offense.
377	377	25 Whenever any person who has not previously been convicted of
378	378	26 any violation of subsection (a-5), the court may grant
379	379
380	380
381	381
382	382
383	383
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385	385
386	386
387	387	HB3688- 11 -LRB104 08624 RLC 18676 b HB3688 - 11 - LRB104 08624 RLC 18676 b
388	388	HB3688 - 11 - LRB104 08624 RLC 18676 b
389	389	1 supervision pursuant to and consistent with the limitations of
390	390	2 Section 5-6-1 of the Unified Code of Corrections. A transferee
391	391	3 or transferor shall not be criminally liable under this
392	392	4 Section provided that he or she provides the Illinois State
393	393	5 Police with the transfer records in accordance with procedures
394	394	6 established by the Illinois State Police. The Illinois State
395	395	7 Police shall establish, by rule, a standard form on its
396	396	8 website.
397	397	9 (b-5) Any resident may purchase ammunition from a person
398	398	10 within or outside of Illinois if shipment is by United States
399	399	11 mail or by a private express carrier authorized by federal law
400	400	12 to ship ammunition. Any resident purchasing ammunition within
401	401	13 or outside the State of Illinois must provide the seller with a
402	402	14 copy of his or her valid Firearm Owner's Identification Card
403	403	15 or valid concealed carry license and either his or her
404	404	16 Illinois driver's license or Illinois State Identification
405	405	17 Card prior to the shipment of the ammunition. The ammunition
406	406	18 may be shipped only to an address on either of those 2
407	407	19 documents.
408	408	20 (c) The provisions of this Section regarding the transfer
409	409	21 of firearm ammunition shall not apply to those persons
410	410	22 specified in paragraph (b) of Section 2 of this Act.
411	411	23 (Source: P.A. 102-237, eff. 1-1-24; 102-538, eff. 8-20-21;
412	412	24 102-813, eff. 5-13-22; 102-1116, eff. 1-10-23.)
413	413	25 (430 ILCS 65/3.1) (from Ch. 38, par. 83-3.1)
414	414
415	415
416	416
417	417
418	418
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420	420
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423	423	HB3688 - 12 - LRB104 08624 RLC 18676 b
424	424	1 Sec. 3.1. Firearm Transfer Inquiry Program.
425	425	2 (a) The Illinois State Police shall provide a dial up
426	426	3 telephone system or utilize other existing technology which
427	427	4 shall be used by any federally licensed firearm dealer, gun
428	428	5 show promoter, or gun show vendor who is to transfer a firearm,
429	429	6 stun gun, or taser under the provisions of this Act. The
430	430	7 Illinois State Police may utilize existing technology which
431	431	8 allows the caller to be charged a fee not to exceed $2. Fees
432	432	9 collected by the Illinois State Police shall be deposited in
433	433	10 the State Police Firearm Services Fund and used to provide the
434	434	11 service. Beginning January 1, 2026, a federally licensed
435	435	12 firearm dealer, gun show promoter, and gun show vendor shall
436	436	13 additionally check the Illinois State Police Internet-based
437	437	14 system upon which the serial numbers of firearms that have
438	438	15 been reported stolen are available for public access to ensure
439	439	16 any firearms are not reported stolen prior to the sale or
440	440	17 transfer of a firearm under subsection (a-25) of Section 3 of
441	441	18 this Act. New firearms shipped directly from the manufacturer
442	442	19 are exempt from this provision.
443	443	20 (b) Upon receiving a request from a federally licensed
444	444	21 firearm dealer, gun show promoter, or gun show vendor, the
445	445	22 Illinois State Police shall immediately approve or, within the
446	446	23 time period established by Section 24-3 of the Criminal Code
447	447	24 of 2012 regarding the delivery of firearms, stun guns, and
448	448	25 tasers, notify the inquiring dealer, gun show promoter, or gun
449	449	26 show vendor of any objection that would disqualify the
450	450
451	451
452	452
453	453
454	454
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456	456
457	457
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459	459	HB3688 - 13 - LRB104 08624 RLC 18676 b
460	460	1 transferee from acquiring or possessing a firearm, stun gun,
461	461	2 or taser. In conducting the inquiry, the Illinois State Police
462	462	3 shall initiate and complete an automated search of its
463	463	4 criminal history record information files and those of the
464	464	5 Federal Bureau of Investigation, including the National
465	465	6 Instant Criminal Background Check System, and of the files of
466	466	7 the Department of Human Services relating to mental health and
467	467	8 developmental disabilities to obtain any felony conviction or
468	468	9 patient hospitalization information which would disqualify a
469	469	10 person from obtaining or require revocation of a currently
470	470	11 valid Firearm Owner's Identification Card.
471	471	12 (b-5) By January 1, 2023, the Illinois State Police shall
472	472	13 by rule provide a process for the automatic renewal of the
473	473	14 Firearm Owner's Identification Card of a person at the time of
474	474	15 an inquiry in subsection (b). Persons eligible for this
475	475	16 process must have a set of fingerprints on file with their
476	476	17 applications under either subsection (a-25) of Section 4 or
477	477	18 the Firearm Concealed Carry Act.
478	478	19 (c) If receipt of a firearm would not violate Section 24-3
479	479	20 of the Criminal Code of 2012, federal law, or this Act, the
480	480	21 Illinois State Police shall:
481	481	22 (1) assign a unique identification number to the
482	482	23 transfer; and
483	483	24 (2) provide the licensee, gun show promoter, or gun
484	484	25 show vendor with the number.
485	485	26 (d) Approvals issued by the Illinois State Police for the
486	486
487	487
488	488
489	489
490	490
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495	495	HB3688 - 14 - LRB104 08624 RLC 18676 b
496	496	1 purchase of a firearm are valid for 30 days from the date of
497	497	2 issue.
498	498	3 (e) (1) The Illinois State Police must act as the Illinois
499	499	4 Point of Contact for the National Instant Criminal Background
500	500	5 Check System.
501	501	6 (2) The Illinois State Police and the Department of Human
502	502	7 Services shall, in accordance with State and federal law
503	503	8 regarding confidentiality, enter into a memorandum of
504	504	9 understanding with the Federal Bureau of Investigation for the
505	505	10 purpose of implementing the National Instant Criminal
506	506	11 Background Check System in the State. The Illinois State
507	507	12 Police shall report the name, date of birth, and physical
508	508	13 description of any person prohibited from possessing a firearm
509	509	14 pursuant to the Firearm Owners Identification Card Act or 18
510	510	15 U.S.C. 922(g) and (n) to the National Instant Criminal
511	511	16 Background Check System Index, Denied Persons Files.
512	512	17 (3) The Illinois State Police shall provide notice of the
513	513	18 disqualification of a person under subsection (b) of this
514	514	19 Section or the revocation of a person's Firearm Owner's
515	515	20 Identification Card under Section 8 or Section 8.2 of this
516	516	21 Act, and the reason for the disqualification or revocation, to
517	517	22 all law enforcement agencies with jurisdiction to assist with
518	518	23 the seizure of the person's Firearm Owner's Identification
519	519	24 Card.
520	520	25 (f) The Illinois State Police shall adopt rules not
521	521	26 inconsistent with this Section to implement this system.
522	522
523	523
524	524
525	525
526	526
527	527	HB3688 - 14 - LRB104 08624 RLC 18676 b
528	528
529	529
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531	531	HB3688 - 15 - LRB104 08624 RLC 18676 b
532	532	1 (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
533	533	2 102-813, eff. 5-13-22.)
534	534	3 (430 ILCS 65/7.10 new)
535	535	4 Sec. 7.10. Notice of obligation to report lost or stolen
536	536	5 firearm. Upon the issuance and each renewal of a Firearm
537	537	6 Owner's Identification Card, the Illinois State Police shall
538	538	7 advise the applicant or holder in writing, in both English and
539	539	8 Spanish, of his or her obligation to report to local law
540	540	9 enforcement any lost or stolen firearm within 48 hours after
541	541	10 he or she first discovers the loss or theft. A person is deemed
542	542	11 to have discovered that a firearm was lost or stolen only when
543	543	12 the person has received evidence indicating that a loss or
544	544	13 theft has occurred.
545	545	14 (430 ILCS 65/8) (from Ch. 38, par. 83-8)
546	546	15 Sec. 8. Grounds for denial and revocation. The Illinois
547	547	16 State Police has authority to deny an application for or to
548	548	17 revoke and seize a Firearm Owner's Identification Card
549	549	18 previously issued under this Act only if the Illinois State
550	550	19 Police finds that the applicant or the person to whom such card
551	551	20 was issued is or was at the time of issuance:
552	552	21 (a) A person under 21 years of age who has been
553	553	22 convicted of a misdemeanor other than a traffic offense or
554	554	23 adjudged delinquent;
555	555	24 (b) This subsection (b) applies through the 180th day
556	556
557	557
558	558
559	559
560	560
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562	562
563	563
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565	565	HB3688 - 16 - LRB104 08624 RLC 18676 b
566	566	1 following July 12, 2019 (the effective date of Public Act
567	567	2 101-80). A person under 21 years of age who does not have
568	568	3 the written consent of his parent or guardian to acquire
569	569	4 and possess firearms and firearm ammunition, or whose
570	570	5 parent or guardian has revoked such written consent, or
571	571	6 where such parent or guardian does not qualify to have a
572	572	7 Firearm Owner's Identification Card;
573	573	8 (b-5) This subsection (b-5) applies on and after the
574	574	9 181st day following July 12, 2019 (the effective date of
575	575	10 Public Act 101-80). A person under 21 years of age who is
576	576	11 not an active duty member of the United States Armed
577	577	12 Forces or the Illinois National Guard and does not have
578	578	13 the written consent of his or her parent or guardian to
579	579	14 acquire and possess firearms and firearm ammunition, or
580	580	15 whose parent or guardian has revoked such written consent,
581	581	16 or where such parent or guardian does not qualify to have a
582	582	17 Firearm Owner's Identification Card;
583	583	18 (c) A person convicted of a felony under the laws of
584	584	19 this or any other jurisdiction;
585	585	20 (d) A person addicted to narcotics;
586	586	21 (e) A person who has been a patient of a mental health
587	587	22 facility within the past 5 years or a person who has been a
588	588	23 patient in a mental health facility more than 5 years ago
589	589	24 who has not received the certification required under
590	590	25 subsection (u) of this Section. An active law enforcement
591	591	26 officer employed by a unit of government or a Department
592	592
593	593
594	594
595	595
596	596
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598	598
599	599
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601	601	HB3688 - 17 - LRB104 08624 RLC 18676 b
602	602	1 of Corrections employee authorized to possess firearms who
603	603	2 is denied, revoked, or has his or her Firearm Owner's
604	604	3 Identification Card seized under this subsection (e) may
605	605	4 obtain relief as described in subsection (c-5) of Section
606	606	5 10 of this Act if the officer or employee did not act in a
607	607	6 manner threatening to the officer or employee, another
608	608	7 person, or the public as determined by the treating
609	609	8 clinical psychologist or physician, and the officer or
610	610	9 employee seeks mental health treatment;
611	611	10 (f) A person whose mental condition is of such a
612	612	11 nature that it poses a clear and present danger to the
613	613	12 applicant, any other person or persons, or the community;
614	614	13 (g) A person who has an intellectual disability;
615	615	14 (h) A person who intentionally makes a false statement
616	616	15 in the Firearm Owner's Identification Card application or
617	617	16 endorsement affidavit;
618	618	17 (i) A noncitizen who is unlawfully present in the
619	619	18 United States under the laws of the United States;
620	620	19 (i-5) A noncitizen who has been admitted to the United
621	621	20 States under a non-immigrant visa (as that term is defined
622	622	21 in Section 101(a)(26) of the Immigration and Nationality
623	623	22 Act (8 U.S.C. 1101(a)(26))), except that this subsection
624	624	23 (i-5) does not apply to any noncitizen who has been
625	625	24 lawfully admitted to the United States under a
626	626	25 non-immigrant visa if that noncitizen is:
627	627	26 (1) admitted to the United States for lawful
628	628
629	629
630	630
631	631
632	632
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634	634
635	635
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637	637	HB3688 - 18 - LRB104 08624 RLC 18676 b
638	638	1 hunting or sporting purposes;
639	639	2 (2) an official representative of a foreign
640	640	3 government who is:
641	641	4 (A) accredited to the United States Government
642	642	5 or the Government's mission to an international
643	643	6 organization having its headquarters in the United
644	644	7 States; or
645	645	8 (B) en route to or from another country to
646	646	9 which that noncitizen is accredited;
647	647	10 (3) an official of a foreign government or
648	648	11 distinguished foreign visitor who has been so
649	649	12 designated by the Department of State;
650	650	13 (4) a foreign law enforcement officer of a
651	651	14 friendly foreign government entering the United States
652	652	15 on official business; or
653	653	16 (5) one who has received a waiver from the
654	654	17 Attorney General of the United States pursuant to 18
655	655	18 U.S.C. 922(y)(3);
656	656	19 (j) (Blank);
657	657	20 (k) A person who has been convicted within the past 5
658	658	21 years of battery, assault, aggravated assault, violation
659	659	22 of an order of protection, or a substantially similar
660	660	23 offense in another jurisdiction, in which a firearm was
661	661	24 used or possessed;
662	662	25 (l) A person who has been convicted of domestic
663	663	26 battery, aggravated domestic battery, or a substantially
664	664
665	665
666	666
667	667
668	668
669	669	HB3688 - 18 - LRB104 08624 RLC 18676 b
670	670
671	671
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674	674	1 similar offense in another jurisdiction committed before,
675	675	2 on or after January 1, 2012 (the effective date of Public
676	676	3 Act 97-158). If the applicant or person who has been
677	677	4 previously issued a Firearm Owner's Identification Card
678	678	5 under this Act knowingly and intelligently waives the
679	679	6 right to have an offense described in this paragraph (l)
680	680	7 tried by a jury, and by guilty plea or otherwise, results
681	681	8 in a conviction for an offense in which a domestic
682	682	9 relationship is not a required element of the offense but
683	683	10 in which a determination of the applicability of 18 U.S.C.
684	684	11 922(g)(9) is made under Section 112A-11.1 of the Code of
685	685	12 Criminal Procedure of 1963, an entry by the court of a
686	686	13 judgment of conviction for that offense shall be grounds
687	687	14 for denying an application for and for revoking and
688	688	15 seizing a Firearm Owner's Identification Card previously
689	689	16 issued to the person under this Act;
690	690	17 (m) (Blank);
691	691	18 (n) A person who is prohibited from acquiring or
692	692	19 possessing firearms or firearm ammunition by any Illinois
693	693	20 State statute or by federal law;
694	694	21 (o) A minor subject to a petition filed under Section
695	695	22 5-520 of the Juvenile Court Act of 1987 alleging that the
696	696	23 minor is a delinquent minor for the commission of an
697	697	24 offense that if committed by an adult would be a felony;
698	698	25 (p) An adult who had been adjudicated a delinquent
699	699	26 minor under the Juvenile Court Act of 1987 for the
700	700
701	701
702	702
703	703
704	704
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706	706
707	707
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709	709	HB3688 - 20 - LRB104 08624 RLC 18676 b
710	710	1 commission of an offense that if committed by an adult
711	711	2 would be a felony;
712	712	3 (q) A person who is not a resident of the State of
713	713	4 Illinois, except as provided in subsection (a-10) of
714	714	5 Section 4;
715	715	6 (r) A person who has been adjudicated as a person with
716	716	7 a mental disability;
717	717	8 (s) A person who has been found to have a
718	718	9 developmental disability;
719	719	10 (t) A person involuntarily admitted into a mental
720	720	11 health facility; or
721	721	12 (u) A person who has had his or her Firearm Owner's
722	722	13 Identification Card revoked or denied under subsection (e)
723	723	14 of this Section or item (iv) of paragraph (2) of
724	724	15 subsection (a) of Section 4 of this Act because he or she
725	725	16 was a patient in a mental health facility as provided in
726	726	17 subsection (e) of this Section, shall not be permitted to
727	727	18 obtain a Firearm Owner's Identification Card, after the
728	728	19 5-year period has lapsed, unless he or she has received a
729	729	20 mental health evaluation by a physician, clinical
730	730	21 psychologist, or qualified examiner as those terms are
731	731	22 defined in the Mental Health and Developmental
732	732	23 Disabilities Code, and has received a certification that
733	733	24 he or she is not a clear and present danger to himself,
734	734	25 herself, or others. The physician, clinical psychologist,
735	735	26 or qualified examiner making the certification and his or
736	736
737	737
738	738
739	739
740	740
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742	742
743	743
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746	746	1 her employer shall not be held criminally, civilly, or
747	747	2 professionally liable for making or not making the
748	748	3 certification required under this subsection, except for
749	749	4 willful or wanton misconduct. This subsection does not
750	750	5 apply to a person whose firearm possession rights have
751	751	6 been restored through administrative or judicial action
752	752	7 under Section 10 or 11 of this Act; or
753	753	8 (v) A person who fails to report a loss or theft of a
754	754	9 firearm within 48 hours of the discovery of such loss or
755	755	10 theft to local law enforcement as required under
756	756	11 subsection (a) of Section 24-4.1 of the Criminal Code of
757	757	12 2012.
758	758	13 Upon revocation of a person's Firearm Owner's
759	759	14 Identification Card, the Illinois State Police shall provide
760	760	15 notice to the person and the person shall comply with Section
761	761	16 9.5 of this Act.
762	762	17 (Source: P.A. 101-80, eff. 7-12-19; 102-538, eff. 8-20-21;
763	763	18 102-645, eff. 1-1-22; 102-813, eff. 5-13-22; 102-1030, eff.
764	764	19 5-27-22; 102-1116, eff. 1-10-23.)
765	765	20 (430 ILCS 65/8.1) (from Ch. 38, par. 83-8.1)
766	766	21 Sec. 8.1. Notifications to the Illinois State Police.
767	767	22 (a) The Circuit Clerk shall, in the form and manner
768	768	23 required by the Supreme Court, notify the Illinois State
769	769	24 Police of all final dispositions of cases for which the
770	770	25 Department has received information reported to it under
771	771
772	772
773	773
774	774
775	775
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780	780	HB3688 - 22 - LRB104 08624 RLC 18676 b
781	781	1 Sections 2.1 and 2.2 of the Criminal Identification Act.
782	782	2 (b) Upon adjudication of any individual as a person with a
783	783	3 mental disability as defined in Section 1.1 of this Act or a
784	784	4 finding that a person has been involuntarily admitted, the
785	785	5 court shall direct the circuit court clerk to immediately
786	786	6 notify the Illinois State Police, Firearm Owner's
787	787	7 Identification (FOID) department, and shall forward a copy of
788	788	8 the court order to the Department.
789	789	9 (b-1) Beginning July 1, 2016, and each July 1 and December
790	790	10 30 of every year thereafter, the circuit court clerk shall, in
791	791	11 the form and manner prescribed by the Illinois State Police,
792	792	12 notify the Illinois State Police, Firearm Owner's
793	793	13 Identification (FOID) department if the court has not directed
794	794	14 the circuit court clerk to notify the Illinois State Police,
795	795	15 Firearm Owner's Identification (FOID) department under
796	796	16 subsection (b) of this Section, within the preceding 6 months,
797	797	17 because no person has been adjudicated as a person with a
798	798	18 mental disability by the court as defined in Section 1.1 of
799	799	19 this Act or if no person has been involuntarily admitted. The
800	800	20 Supreme Court may adopt any orders or rules necessary to
801	801	21 identify the persons who shall be reported to the Illinois
802	802	22 State Police under subsection (b), or any other orders or
803	803	23 rules necessary to implement the requirements of this Act.
804	804	24 (c) The Department of Human Services shall, in the form
805	805	25 and manner prescribed by the Illinois State Police, report all
806	806	26 information collected under subsection (b) of Section 12 of
807	807
808	808
809	809
810	810
811	811
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813	813
814	814
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817	817	1 the Mental Health and Developmental Disabilities
818	818	2 Confidentiality Act for the purpose of determining whether a
819	819	3 person who may be or may have been a patient in a mental health
820	820	4 facility is disqualified under State or federal law from
821	821	5 receiving or retaining a Firearm Owner's Identification Card,
822	822	6 or purchasing a weapon.
823	823	7 (d) If a person is determined to pose a clear and present
824	824	8 danger to himself, herself, or to others:
825	825	9 (1) by a physician, clinical psychologist, or
826	826	10 qualified examiner, or is determined to have a
827	827	11 developmental disability by a physician, clinical
828	828	12 psychologist, or qualified examiner, whether employed by
829	829	13 the State or privately, then the physician, clinical
830	830	14 psychologist, or qualified examiner shall, within 24 hours
831	831	15 of making the determination, notify the Department of
832	832	16 Human Services that the person poses a clear and present
833	833	17 danger or has a developmental disability; or
834	834	18 (2) by a law enforcement official or school
835	835	19 administrator, then the law enforcement official or school
836	836	20 administrator shall, within 24 hours of making the
837	837	21 determination, notify the Illinois State Police that the
838	838	22 person poses a clear and present danger.
839	839	23 The Department of Human Services shall immediately update
840	840	24 its records and information relating to mental health and
841	841	25 developmental disabilities, and if appropriate, shall notify
842	842	26 the Illinois State Police in a form and manner prescribed by
843	843
844	844
845	845
846	846
847	847
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849	849
850	850
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852	852	HB3688 - 24 - LRB104 08624 RLC 18676 b
853	853	1 the Illinois State Police. The Illinois State Police shall
854	854	2 determine whether to revoke the person's Firearm Owner's
855	855	3 Identification Card under Section 8 of this Act. Any
856	856	4 information disclosed under this subsection shall remain
857	857	5 privileged and confidential, and shall not be redisclosed,
858	858	6 except as required under subsection (e) of Section 3.1 of this
859	859	7 Act, nor used for any other purpose. The method of providing
860	860	8 this information shall guarantee that the information is not
861	861	9 released beyond what is necessary for the purpose of this
862	862	10 Section and shall be provided by rule by the Department of
863	863	11 Human Services. The identity of the person reporting under
864	864	12 this Section shall not be disclosed to the subject of the
865	865	13 report. The physician, clinical psychologist, qualified
866	866	14 examiner, law enforcement official, or school administrator
867	867	15 making the determination and his or her employer shall not be
868	868	16 held criminally, civilly, or professionally liable for making
869	869	17 or not making the notification required under this subsection,
870	870	18 except for willful or wanton misconduct.
871	871	19 (d-5) If a law enforcement official determines that a
872	872	20 person has failed to report a lost or stolen firearm as
873	873	21 required by Section 24-4.1 of the Criminal Code of 2012, then
874	874	22 the law enforcement official shall, within 24 hours of making
875	875	23 that determination, notify the Illinois State Police that the
876	876	24 person has failed to report a lost or stolen firearm. The law
877	877	25 enforcement official shall notify the Illinois State Police in
878	878	26 a form and manner prescribed by the Illinois State Police. The
879	879
880	880
881	881
882	882
883	883
884	884	HB3688 - 24 - LRB104 08624 RLC 18676 b
885	885
886	886
887	887	HB3688- 25 -LRB104 08624 RLC 18676 b HB3688 - 25 - LRB104 08624 RLC 18676 b
888	888	HB3688 - 25 - LRB104 08624 RLC 18676 b
889	889	1 Illinois State Police shall determine whether to revoke the
890	890	2 person's Firearm Owner's Identification Card under Section 8
891	891	3 of this Act. Any information disclosed under this subsection
892	892	4 shall remain privileged and confidential, and shall not be
893	893	5 redisclosed, except as required under subsection (e) of
894	894	6 Section 3.1 of this Act, nor used for any other purpose.
895	895	7 (e) The Illinois State Police shall adopt rules to
896	896	8 implement this Section.
897	897	9 (Source: P.A. 102-538, eff. 8-20-21.)
898	898	10 Section 95. The Firearm Concealed Carry Act is amended by
899	899	11 adding Section 56 as follows:
900	900	12 (430 ILCS 66/56 new)
901	901	13 Sec. 56. Notice of obligation to report lost or stolen
902	902	14 firearm. Upon the issuance and each renewal of a concealed
903	903	15 carry license, the Illinois State Police shall advise the
904	904	16 applicant or licensee in writing, in both English and Spanish,
905	905	17 of his or her obligation to report to local law enforcement any
906	906	18 lost or stolen firearm within 48 hours after he or she first
907	907	19 discovers the theft or loss.
908	908	20 Section 100. The Firearm Dealer License Certification Act
909	909	21 is amended by changing Section 5-20 as follows:
910	910	22 (430 ILCS 68/5-20)
911	911
912	912
913	913
914	914
915	915
916	916	HB3688 - 25 - LRB104 08624 RLC 18676 b
917	917
918	918
919	919	HB3688- 26 -LRB104 08624 RLC 18676 b HB3688 - 26 - LRB104 08624 RLC 18676 b
920	920	HB3688 - 26 - LRB104 08624 RLC 18676 b
921	921	1 Sec. 5-20. Additional licensee requirements.
922	922	2 (a) A certified licensee shall make a photo copy of a
923	923	3 buyer's or transferee's valid photo identification card
924	924	4 whenever a firearm sale transaction takes place. The photo
925	925	5 copy shall be attached to the documentation detailing the
926	926	6 record of sale.
927	927	7 (b) A certified licensee shall post in a conspicuous
928	928	8 position on the premises where the licensee conducts business
929	929	9 a sign that contains the following warning in block letters
930	930	10 not less than one inch in height:
931	931	11 "With few exceptions enumerated in the Firearm Owners
932	932	12 Identification Card Act, it is unlawful for you to:
933	933	13 (A) store or leave an unsecured firearm in a place
934	934	14 where a child can obtain access to it;
935	935	15 (B) sell or transfer your firearm to someone else
936	936	16 without receiving approval for the transfer from the
937	937	17 Illinois State Police, or
938	938	18 (C) fail to report the loss or theft of your
939	939	19 firearm to local law enforcement within 72 hours.".
940	940	20 This sign shall be created by the Illinois State Police and
941	941	21 made available for printing or downloading from the Illinois
942	942	22 State Police's website.
943	943	23 (c) No retail location established after the effective
944	944	24 date of this Act shall be located within 500 feet of any
945	945	25 school, pre-school, or day care facility in existence at its
946	946	26 location before the retail location is established as measured
947	947
948	948
949	949
950	950
951	951
952	952	HB3688 - 26 - LRB104 08624 RLC 18676 b
953	953
954	954
955	955	HB3688- 27 -LRB104 08624 RLC 18676 b HB3688 - 27 - LRB104 08624 RLC 18676 b
956	956	HB3688 - 27 - LRB104 08624 RLC 18676 b
957	957	1 from the nearest corner of the building holding the retail
958	958	2 location to the corner of the school, pre-school, or day care
959	959	3 facility building nearest the retail location at the time the
960	960	4 retail location seeks licensure.
961	961	5 (d) A certified dealer who sells or transfers a firearm
962	962	6 shall notify the purchaser or the recipient, orally and in
963	963	7 writing, in both English and Spanish, at the time of the sale
964	964	8 or transfer, that the owner of a firearm is required to report
965	965	9 a lost or stolen firearm to local law enforcement within 48
966	966	10 hours after the owner first discovers the loss or theft. The
967	967	11 Illinois State Police shall create a written notice, in both
968	968	12 English and Spanish, that certified dealers shall provide
969	969	13 firearm purchasers or transferees in accordance with this
970	970	14 provision and make such notice available for printing or
971	971	15 downloading from the Illinois State Police website.
972	972	16 (Source: P.A. 102-538, eff. 8-20-21.)
973	973	17 Section 105. The Criminal Code of 2012 is amended by
974	974	18 changing Sections 24-3.8, 24-3.9, 24-3B, 24-4.1, and 24-9 as
975	975	19 follows:
976	976	20 (720 ILCS 5/24-3.8)
977	977	21 Sec. 24-3.8. Possession of a stolen firearm.
978	978	22 (a) A person commits possession of a stolen firearm when
979	979	23 he or she, not being entitled to the possession of a firearm,
980	980	24 possesses the firearm, knowing it to have been stolen or
981	981
982	982
983	983
984	984
985	985
986	986	HB3688 - 27 - LRB104 08624 RLC 18676 b
987	987
988	988
989	989	HB3688- 28 -LRB104 08624 RLC 18676 b HB3688 - 28 - LRB104 08624 RLC 18676 b
990	990	HB3688 - 28 - LRB104 08624 RLC 18676 b
991	991	1 converted. The trier of fact may infer that a person who
992	992	2 possesses a firearm with knowledge that its serial number has
993	993	3 been removed or altered has knowledge that the firearm is
994	994	4 stolen or converted. The trier of fact may, but is not required
995	995	5 to, infer that a person who possesses a firearm purchased on or
996	996	6 after January 1, 2026, with a make, model, and serial number
997	997	7 reported as stolen on the Illinois State Police publicly
998	998	8 accessible stolen firearm database under subsection (a-25) of
999	999	9 Section 3 of the Firearm Owners Identification Card Act knows
1000	1000	10 that the firearm is stolen or converted.
1001	1001	11 (b) Possession of a stolen firearm is a Class 2 felony.
1002	1002	12 (Source: P.A. 97-597, eff. 1-1-12; incorporates 97-347, eff.
1003	1003	13 1-1-12; 97-1109, eff. 1-1-13.)
1004	1004	14 (720 ILCS 5/24-3.9)
1005	1005	15 Sec. 24-3.9. Aggravated possession of a stolen firearm.
1006	1006	16 (a) A person commits aggravated possession of a stolen
1007	1007	17 firearm when he or she:
1008	1008	18 (1) Not being entitled to the possession of not less
1009	1009	19 than 2 and not more than 5 firearms, possesses those
1010	1010	20 firearms at the same time or within a one-year period,
1011	1011	21 knowing the firearms to have been stolen or converted.
1012	1012	22 (2) Not being entitled to the possession of not less
1013	1013	23 than 6 and not more than 10 firearms, possesses those
1014	1014	24 firearms at the same time or within a 2-year period,
1015	1015	25 knowing the firearms to have been stolen or converted.
1016	1016
1017	1017
1018	1018
1019	1019
1020	1020
1021	1021	HB3688 - 28 - LRB104 08624 RLC 18676 b
1022	1022
1023	1023
1024	1024	HB3688- 29 -LRB104 08624 RLC 18676 b HB3688 - 29 - LRB104 08624 RLC 18676 b
1025	1025	HB3688 - 29 - LRB104 08624 RLC 18676 b
1026	1026	1 (3) Not being entitled to the possession of not less
1027	1027	2 than 11 and not more than 20 firearms, possesses those
1028	1028	3 firearms at the same time or within a 3-year period,
1029	1029	4 knowing the firearms to have been stolen or converted.
1030	1030	5 (4) Not being entitled to the possession of not less
1031	1031	6 than 21 and not more than 30 firearms, possesses those
1032	1032	7 firearms at the same time or within a 4-year period,
1033	1033	8 knowing the firearms to have been stolen or converted.
1034	1034	9 (5) Not being entitled to the possession of more than
1035	1035	10 30 firearms, possesses those firearms at the same time or
1036	1036	11 within a 5-year period, knowing the firearms to have been
1037	1037	12 stolen or converted.
1038	1038	13 (b) The trier of fact may infer that a person who possesses
1039	1039	14 a firearm with knowledge that its serial number has been
1040	1040	15 removed or altered has knowledge that the firearm is stolen or
1041	1041	16 converted. The trier of fact may, but is not required to, infer
1042	1042	17 that a person who possesses a firearm purchased on or after
1043	1043	18 January 1, 2026, with a make, model, and serial number
1044	1044	19 reported as stolen on the Illinois State Police publicly
1045	1045	20 accessible stolen firearm database under subsection (a-25) of
1046	1046	21 Section 3 of the Firearm Owners Identification Card Act knows
1047	1047	22 that the firearm is stolen or converted.
1048	1048	23 (c) Sentence.
1049	1049	24 (1) A person who violates paragraph (1) of subsection
1050	1050	25 (a) of this Section commits a Class 1 felony.
1051	1051	26 (2) A person who violates paragraph (2) of subsection
1052	1052
1053	1053
1054	1054
1055	1055
1056	1056
1057	1057	HB3688 - 29 - LRB104 08624 RLC 18676 b
1058	1058
1059	1059
1060	1060	HB3688- 30 -LRB104 08624 RLC 18676 b HB3688 - 30 - LRB104 08624 RLC 18676 b
1061	1061	HB3688 - 30 - LRB104 08624 RLC 18676 b
1062	1062	1 (a) of this Section commits a Class X felony for which he
1063	1063	2 or she shall be sentenced to a term of imprisonment of not
1064	1064	3 less than 6 years and not more than 30 years.
1065	1065	4 (3) A person who violates paragraph (3) of subsection
1066	1066	5 (a) of this Section commits a Class X felony for which he
1067	1067	6 or she shall be sentenced to a term of imprisonment of not
1068	1068	7 less than 6 years and not more than 40 years.
1069	1069	8 (4) A person who violates paragraph (4) of subsection
1070	1070	9 (a) of this Section commits a Class X felony for which he
1071	1071	10 or she shall be sentenced to a term of imprisonment of not
1072	1072	11 less than 6 years and not more than 50 years.
1073	1073	12 (5) A person who violates paragraph (5) of subsection
1074	1074	13 (a) of this Section commits a Class X felony for which he
1075	1075	14 or she shall be sentenced to a term of imprisonment of not
1076	1076	15 less than 6 years and not more than 60 years.
1077	1077	16 (Source: P.A. 97-597, eff. 1-1-12; incorporates 97-347, eff.
1078	1078	17 1-1-12; 97-1109, eff. 1-1-13.)
1079	1079	18 (720 ILCS 5/24-3B)
1080	1080	19 Sec. 24-3B. Firearms trafficking.
1081	1081	20 (a) A person commits firearms trafficking when he or she
1082	1082	21 has not been issued a currently valid Firearm Owner's
1083	1083	22 Identification Card and knowingly:
1084	1084	23 (1) brings, or causes to be brought, into this State,
1085	1085	24 a firearm or firearm ammunition for the purpose of sale,
1086	1086	25 delivery, or transfer to any other person or with the
1087	1087
1088	1088
1089	1089
1090	1090
1091	1091
1092	1092	HB3688 - 30 - LRB104 08624 RLC 18676 b
1093	1093
1094	1094
1095	1095	HB3688- 31 -LRB104 08624 RLC 18676 b HB3688 - 31 - LRB104 08624 RLC 18676 b
1096	1096	HB3688 - 31 - LRB104 08624 RLC 18676 b
1097	1097	1 intent to sell, deliver, or transfer the firearm or
1098	1098	2 firearm ammunition to any other person; or
1099	1099	3 (2) brings, or causes to be brought, into this State,
1100	1100	4 a firearm and firearm ammunition for the purpose of sale,
1101	1101	5 delivery, or transfer to any other person or with the
1102	1102	6 intent to sell, deliver, or transfer the firearm and
1103	1103	7 firearm ammunition to any other person.
1104	1104	8 (a-5) This Section does not apply to:
1105	1105	9 (1) a person exempt under Section 2 of the Firearm
1106	1106	10 Owners Identification Card Act from the requirement of
1107	1107	11 having possession of a Firearm Owner's Identification Card
1108	1108	12 previously issued in his or her name by the Illinois State
1109	1109	13 Police in order to acquire or possess a firearm or firearm
1110	1110	14 ammunition;
1111	1111	15 (2) a common carrier under subsection (i) of Section
1112	1112	16 24-2 of this Code; or
1113	1113	17 (3) a non-resident who may lawfully possess a firearm
1114	1114	18 in his or her resident state.
1115	1115	19 (a-10) The trier of fact may, but is not required to, infer
1116	1116	20 intent to transfer or deliver from transportation on an
1117	1117	21 expressway in this State in a vehicle more than one stolen or
1118	1118	22 converted firearm per occupants of the vehicle.
1119	1119	23 (b) Sentence.
1120	1120	24 (1) Firearms trafficking is a Class 1 felony for which
1121	1121	25 the person, if sentenced to a term of imprisonment, shall
1122	1122	26 be sentenced to not less than 4 years and not more than 20
1123	1123
1124	1124
1125	1125
1126	1126
1127	1127
1128	1128	HB3688 - 31 - LRB104 08624 RLC 18676 b
1129	1129
1130	1130
1131	1131	HB3688- 32 -LRB104 08624 RLC 18676 b HB3688 - 32 - LRB104 08624 RLC 18676 b
1132	1132	HB3688 - 32 - LRB104 08624 RLC 18676 b
1133	1133	1 years.
1134	1134	2 (2) Firearms trafficking by a person who has been
1135	1135	3 previously convicted of firearms trafficking, gunrunning,
1136	1136	4 or a felony offense for the unlawful sale, delivery, or
1137	1137	5 transfer of a firearm or firearm ammunition in this State
1138	1138	6 or another jurisdiction is a Class X felony.
1139	1139	7 (Source: P.A. 102-538, eff. 8-20-21.)
1140	1140	8 (720 ILCS 5/24-4.1)
1141	1141	9 Sec. 24-4.1. Report of lost or stolen firearms.
1142	1142	10 (a) If a person who possesses a valid Firearm Owner's
1143	1143	11 Identification Card and who possesses or acquires a firearm
1144	1144	12 thereafter loses the firearm, or if the firearm is stolen from
1145	1145	13 the person, the person must report the loss or theft of any
1146	1146	14 such firearm to the local law enforcement agency within 48 72
1147	1147	15 hours after obtaining knowledge of the loss or theft. The
1148	1148	16 report shall include:
1149	1149	17 (1) the date the firearm was lost or stolen;
1150	1150	18 (2) the exact location where the firearm was lost or
1151	1151	19 stolen or, if the exact location is not known, the last
1152	1152	20 known location of the firearm;
1153	1153	21 (3) the caliber, make, model, and serial number of the
1154	1154	22 firearm; and
1155	1155	23 (4) a description of the circumstances under which the
1156	1156	24 firearm was lost or stolen.
1157	1157	25 (b) A law enforcement agency having jurisdiction shall
1158	1158
1159	1159
1160	1160
1161	1161
1162	1162
1163	1163	HB3688 - 32 - LRB104 08624 RLC 18676 b
1164	1164
1165	1165
1166	1166	HB3688- 33 -LRB104 08624 RLC 18676 b HB3688 - 33 - LRB104 08624 RLC 18676 b
1167	1167	HB3688 - 33 - LRB104 08624 RLC 18676 b
1168	1168	1 take a written report and shall, as soon as practical, and in
1169	1169	2 no event later than 48 hours after receiving the report, enter
1170	1170	3 the information and the firearm's serial number as stolen into
1171	1171	4 the Law Enforcement Agencies Data System (LEADS).
1172	1172	5 (c) A person shall not be in violation of this Section if:
1173	1173	6 (1) the failure to report is due to an act of God, act
1174	1174	7 of war, or inability of a law enforcement agency to
1175	1175	8 receive the report;
1176	1176	9 (2) the person is hospitalized, in a coma, or is
1177	1177	10 otherwise seriously physically or mentally impaired as to
1178	1178	11 prevent the person from reporting; or
1179	1179	12 (3) the person's designee makes a report if the person
1180	1180	13 is unable to make the report.
1181	1181	14 (d) Sentence. A person who violates this Section is guilty
1182	1182	15 of a petty offense for a first violation. A second or
1183	1183	16 subsequent violation of this Section is a Class A misdemeanor.
1184	1184	17 For a second or subsequent offense, the failure to report a
1185	1185	18 loss or theft of a firearm within 48 hours of the discovery of
1186	1186	19 such loss or theft as required under subsection (a) shall
1187	1187	20 result in revocation of the person's Firearm Owner's
1188	1188	21 Identification Card. Pursuant to subsection (a) of Section 10
1189	1189	22 of the Firearm Owners Identification Card Act, a person whose
1190	1190	23 card is revoked under this Section may file a record challenge
1191	1191	24 with the Director of the Illinois State Police as provided in
1192	1192	25 subsection (a-10) of Section 10 of that Act or appeal to the
1193	1193	26 Firearm Owner's Identification Card Review Board for relief as
1194	1194
1195	1195
1196	1196
1197	1197
1198	1198
1199	1199	HB3688 - 33 - LRB104 08624 RLC 18676 b
1200	1200
1201	1201
1202	1202	HB3688- 34 -LRB104 08624 RLC 18676 b HB3688 - 34 - LRB104 08624 RLC 18676 b
1203	1203	HB3688 - 34 - LRB104 08624 RLC 18676 b
1204	1204	1 provided in subsection (c) of Section 10 of that Act.
1205	1205	2 (e) A prosecution for an offense under this Section may be
1206	1206	3 commenced within 3 years after the discovery by law
1207	1207	4 enforcement or prosecution of the failure to report the theft
1208	1208	5 or loss of a firearm as required under subsection (a).
1209	1209	6 (Source: P.A. 98-508, eff. 8-19-13.)
1210	1210	7 (720 ILCS 5/24-9)
1211	1211	8 Sec. 24-9. Firearms; Child Protection.
1212	1212	9 (a) Except as provided in subsection (c), it is unlawful
1213	1213	10 for any person to store or leave, within premises under his or
1214	1214	11 her control, a firearm if the person knows or reasonably
1215	1215	12 should know has reason to believe that a minor under the age of
1216	1216	13 18 14 years who does not have a Firearm Owners Identification
1217	1217	14 Card is likely to gain access to the firearm without the lawful
1218	1218	15 permission of the minor's parent, guardian, or person having
1219	1219	16 charge of the minor, and the minor causes death or great bodily
1220	1220	17 harm with the firearm, unless the firearm is:
1221	1221	18 (1) secured by a device or mechanism, other than the
1222	1222	19 firearm safety, designed to render a firearm temporarily
1223	1223	20 inoperable; or
1224	1224	21 (2) placed in a securely locked box or container. ; or
1225	1225	22 (3) placed in some other location that a reasonable
1226	1226	23 person would believe to be secure from a minor under the
1227	1227	24 age of 14 years.
1228	1228	25 (b) Sentence. A person who violates this Section is guilty
1229	1229
1230	1230
1231	1231
1232	1232
1233	1233
1234	1234	HB3688 - 34 - LRB104 08624 RLC 18676 b
1235	1235
1236	1236
1237	1237	HB3688- 35 -LRB104 08624 RLC 18676 b HB3688 - 35 - LRB104 08624 RLC 18676 b
1238	1238	HB3688 - 35 - LRB104 08624 RLC 18676 b
1239	1239	1 of a Class C misdemeanor and shall be fined not less than
1240	1240	2 $1,000. A second or subsequent violation of this Section is a
1241	1241	3 Class A misdemeanor.
1242	1242	4 (c) Subsection (a) does not apply:
1243	1243	5 (1) if the minor under 18 14 years of age gains access
1244	1244	6 to a firearm and uses it in a lawful act of self-defense or
1245	1245	7 defense of another; or
1246	1246	8 (2) to any firearm obtained by a minor under the age of
1247	1247	9 18 14 because of an unlawful entry of the premises by the
1248	1248	10 minor or another person.
1249	1249	11 (d) For the purposes of this Section, "firearm" has the
1250	1250	12 meaning ascribed to it in Section 1.1 of the Firearm Owners
1251	1251	13 Identification Card Act.
1252	1252	14 (Source: P.A. 91-18, eff. 1-1-00.)
1253	1253	15 Section 999. Effective date. This Act takes effect January
1254	1254	16 1, 2026.
1255	1255	HB3688- 36 -LRB104 08624 RLC 18676 b 1 INDEX 2 Statutes amended in order of appearance HB3688- 36 -LRB104 08624 RLC 18676 b HB3688 - 36 - LRB104 08624 RLC 18676 b 1 INDEX 2 Statutes amended in order of appearance
1256	1256	HB3688- 36 -LRB104 08624 RLC 18676 b HB3688 - 36 - LRB104 08624 RLC 18676 b
1257	1257	HB3688 - 36 - LRB104 08624 RLC 18676 b
1258	1258	1 INDEX
1259	1259	2 Statutes amended in order of appearance
1260	1260
1261	1261
1262	1262
1263	1263
1264	1264
1265	1265	HB3688 - 35 - LRB104 08624 RLC 18676 b
1266	1266
1267	1267
1268	1268
1269	1269	HB3688- 36 -LRB104 08624 RLC 18676 b HB3688 - 36 - LRB104 08624 RLC 18676 b
1270	1270	HB3688 - 36 - LRB104 08624 RLC 18676 b
1271	1271	1 INDEX
1272	1272	2 Statutes amended in order of appearance
1273	1273
1274	1274
1275	1275
1276	1276
1277	1277
1278	1278	HB3688 - 36 - LRB104 08624 RLC 18676 b