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.


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A BILL FOR
 
HB1034LRB104 03480 RLC 13503 b


1 AN ACT concerning criminal law.

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

4 Section 5. The Open Meetings Act is amended by changing 
5Section 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 
9be open to the public unless excepted in subsection (c) and 
10closed in accordance with Section 2a.
11 (b) Construction of exceptions. The exceptions contained 
12in subsection (c) are in derogation of the requirement that 
13public bodies meet in the open, and therefore, the exceptions 
14are to be strictly construed, extending only to subjects 
15clearly within their scope. The exceptions authorize but do 
16not require the holding of a closed meeting to discuss a 
17subject included within an enumerated exception.
18 (c) Exceptions. A public body may hold closed meetings to 
19consider 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 
 
 
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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 
4relationship with the public body constitutes an 
5employer-employee relationship under the usual common law 
6rules, and who is not an independent contractor.
7 "Public office" means a position created by or under the 
8Constitution or laws of this State, the occupant of which is 
9charged with the exercise of some portion of the sovereign 
10power of this State. The term "public office" shall include 
11members of the public body, but it shall not include 
12organizational positions filled by members thereof, whether 
13established by law or by a public body itself, that exist to 
14assist the body in the conduct of its business.
15 "Quasi-adjudicative body" means an administrative body 
16charged by law or ordinance with the responsibility to conduct 
17hearings, receive evidence or testimony and make 
18determinations based thereon, but does not include local 
19electoral boards when such bodies are considering petition 
20challenges.
21 (e) Final action. No final action may be taken at a closed 
22meeting. Final action shall be preceded by a public recital of 
23the nature of the matter being considered and other 
24information that will inform the public of the business being 
25conducted. 
26(Source: P.A. 102-237, eff. 1-1-22; 102-520, eff. 8-20-21; 
 
 
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1102-558, eff. 8-20-21; 102-813, eff. 5-13-22; 103-311, eff. 
27-28-23; 103-626, eff. 1-1-25.)

3 Section 10. The Freedom of Information Act is amended by 
4changing Section 7.5 as follows:

5 (5 ILCS 140/7.5)
6 Sec. 7.5. Statutory exemptions. To the extent provided for 
7by the statutes referenced below, the following shall be 
8exempt 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; 
14102-292, eff. 1-1-22; 102-520, eff. 8-20-21; 102-559, eff. 
158-20-21; 102-813, eff. 5-13-22; 102-946, eff. 7-1-22; 
16102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; 103-8, eff. 
176-7-23; 103-34, eff. 6-9-23; 103-142, eff. 1-1-24; 103-372, 
18eff. 1-1-24; 103-472, eff. 8-1-24; 103-508, eff. 8-4-23; 
19103-580, eff. 12-8-23; 103-592, eff. 6-7-24; 103-605, eff. 
207-1-24; 103-636, eff. 7-1-24; 103-724, eff. 1-1-25; 103-786, 
21eff. 8-7-24; 103-859, eff. 8-9-24; 103-991, eff. 8-9-24; 
22103-1049, eff. 8-9-24; revised 11-26-24.)

23 Section 15. The Illinois TRUST Act is amended by changing 
24Section 15 as follows:

 
 
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1 (5 ILCS 805/15)
2 Sec. 15. Prohibition on enforcing federal civil 
3immigration laws.  
4 (a) A law enforcement agency or law enforcement official 
5shall not detain or continue to detain any individual solely 
6on the basis of any immigration detainer or civil immigration 
7warrant or otherwise comply with an immigration detainer or 
8civil immigration warrant.
9 (b) A law enforcement agency or law enforcement official 
10shall not stop, arrest, search, detain, or continue to detain 
11a person solely based on an individual's citizenship or 
12immigration status.
13 (c) (Blank).
14 (d) A law enforcement agency or law enforcement official 
15acting in good faith in compliance with this Section who 
16releases a person subject to an immigration detainer or civil 
17immigration warrant shall have immunity from any civil or 
18criminal liability that might otherwise occur as a result of 
19making the release, with the exception of willful or wanton 
20misconduct.
21 (e) A law enforcement agency or law enforcement official 
22may not inquire about or investigate the citizenship or 
23immigration status or place of birth of any individual in the 
24agency or official's custody or who has otherwise been stopped 
25or detained by the agency or official. Nothing in this 
26subsection shall be construed to limit the ability of a law 
 
 
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1enforcement agency or law enforcement official, pursuant to 
2State or federal law, to notify a person in the law enforcement 
3agency's custody about that person's right to communicate with 
4consular officers from that person's country of nationality, 
5or facilitate such communication, in accordance with the 
6Vienna Convention on Consular Relations or other bilateral 
7agreements. Nothing in this subsection shall be construed to 
8limit the ability of a law enforcement agency or law 
9enforcement official to request evidence of citizenship or 
10immigration status pursuant to the Firearm Owners 
11Identification Card Act, the Firearm Concealed Carry Act, 
12Article 24 of the Criminal Code of 2012, or 18 United States 
13Code Sections 921 through 931.
14 (f) Unless otherwise limited by federal law, a law 
15enforcement agency or law enforcement official may not deny 
16services, benefits, privileges, or opportunities to an 
17individual in custody or under probation status, including, 
18but not limited to, eligibility for or placement in a lower 
19custody classification, educational, rehabilitative, or 
20diversionary programs, on the basis of the individual's 
21citizenship or immigration status, the issuance of an 
22immigration detainer or civil immigration warrant against the 
23individual, or the individual being in immigration removal 
24proceedings.
25 (g)(1) No law enforcement agency, law enforcement 
26official, or any unit of State or local government may enter 
 
 
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1into or renew any contract, intergovernmental service 
2agreement, or any other agreement to house or detain 
3individuals for federal civil immigration violations.
4 (2) Any law enforcement agency, law enforcement official, 
5or unit of State or local government with an existing 
6contract, intergovernmental agreement, or other agreement, 
7whether in whole or in part, that is utilized to house or 
8detain individuals for civil immigration violations shall 
9exercise the termination provision in the agreement as applied 
10to housing or detaining individuals for civil immigration 
11violations no later than January 1, 2022.
12 (h) Unless presented with a federal criminal warrant, or 
13otherwise required by federal law, a law enforcement agency or 
14official 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 
22enforcement official from otherwise executing that official's 
23duties in investigating violations of criminal law and 
24cooperating in such investigations with federal and other law 
25enforcement agencies (including criminal investigations 
26conducted by federal Homeland Security Investigations (HSI)) 
 
 
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1in 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 
4by 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 
8efforts, as allowed by State law and regulations, federal law 
9and regulations, and executed Memoranda of Understanding 
10between Illinois law enforcement agencies and the U.S. Bureau 
11of Alcohol, Tobacco, Firearms and Explosives, in making 
12publicly available, on a regular and ongoing basis, key 
13information related to firearms used in the commission of 
14crimes in this State, including, but not limited to: reports 
15on crimes committed with firearms, locations where the crimes 
16occurred, the number of persons killed or injured in the 
17commission of the crimes, the state where the firearms used 
18originated, the Federal Firearms Licensee that sold the 
19firearm, the type of firearms used, if known, annual 
20statistical information concerning Firearm Owner's 
21Identification Card and concealed carry license applications, 
22revocations, and compliance with Section 9.5 of the Firearm 
23Owners Identification Card Act, the information required in 
24the report or on the Illinois State Police's website under 
 
 
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1Section 85 of the Firearms Restraining Order Act, and firearm 
2dealer license certification inspections. The Illinois State 
3Police shall make the information available on its website, 
4which may be presented in a dashboard format, in addition to 
5electronically filing a report with the Governor and the 
6General Assembly. The report to the General Assembly shall be 
7filed with the Clerk of the House of Representatives and the 
8Secretary of the Senate in electronic form only, in the manner 
9that the Clerk and the Secretary shall direct. 
10 (b) The Illinois State Police shall study, on a regular 
11and ongoing basis, and compile reports on the number of 
12Firearm Owner's Identification Card checks to determine 
13firearms trafficking or straw purchase patterns. The Illinois 
14State Police shall, to the extent not inconsistent with law, 
15share such reports and underlying data with academic centers, 
16foundations, and law enforcement agencies studying firearms 
17trafficking, provided that personally identifying information 
18is protected. For purposes of this subsection (b), a Firearm 
19Owner's Identification Card number is not personally 
20identifying information, provided that no other personal 
21information of the card holder is attached to the record. The 
22Illinois State Police may create and attach an alternate 
23unique identifying number to each Firearm Owner's 
24Identification Card number, instead of releasing the Firearm 
25Owner's Identification Card number itself.
26 (c) Each department, office, division, and agency of this 
 
 
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1State shall, to the extent not inconsistent with law, 
2cooperate fully with the Illinois State Police and furnish the 
3Illinois State Police with all relevant information and 
4assistance on a timely basis as is necessary to accomplish the 
5purpose of this Act. The Illinois Criminal Justice Information 
6Authority shall submit the information required in subsection 
7(a) of this Section to the Illinois State Police, and any other 
8information as the Illinois State Police may request, to 
9assist the Illinois State Police in carrying out its duties 
10under this Act.
11(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; 
12102-813, 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 
15repealing Section 13.5.

16 Section 30. The Department of State Police Law of the 
17Civil Administrative Code of Illinois is amended by changing 
18Sections 2605-10, 2605-45, 2605-200, 2605-595, and 2605-605 as 
19follows:

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, 
23powers, and duties that have been vested in the Illinois State 
 
 
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1Police 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 
17duties set forth in the following Sections.
18 (c) The Illinois State Police shall exercise the rights, 
19powers, and duties vested in the Illinois State Police to 
20implement the following protective service functions for State 
21facilities, State officials, and State employees serving in 
22their 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; 
22103-564, 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 
25of Justice Services shall provide administrative and technical 
 
 
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1services and support to the Illinois State Police, criminal 
2justice agencies, and the public and shall exercise the 
3following 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 
7laws; 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 
9peace and as such have all the powers possessed by policemen in 
10cities and sheriffs, except that they may exercise those 
11powers anywhere in the State in cooperation with and after 
12contact with the local law enforcement officials. Those 
13persons may use false or fictitious names in the performance 
14of their duties under this Section, upon approval of the 
15Director, and shall not be subject to prosecution under the 
16criminal 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 
21known as the State Police Firearm Services Fund. The Fund 
22shall receive revenue under the Firearm Concealed Carry Act, 
23the Firearm Dealer License Certification Act, and Section 5 of 
24the Firearm Owners Identification Card Act. The Fund may also 
25receive revenue from grants, pass-through grants, donations, 
 
 
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1appropriations, and any other legal source.
2 (a-5) (Blank). 
3 (b) The Illinois State Police may use moneys in the Fund to 
4finance any of its lawful purposes, mandates, functions, and 
5duties under the Firearm Owners Identification Card Act, the 
6Firearm Dealer License Certification Act, and the Firearm 
7Concealed Carry Act, including the cost of sending notices of 
8expiration of Firearm Owner's Identification Cards, concealed 
9carry licenses, the prompt and efficient processing of 
10applications under the Firearm Owners Identification Card Act 
11and the Firearm Concealed Carry Act, the improved efficiency 
12and reporting of the LEADS and federal NICS law enforcement 
13data systems, and support for investigations required under 
14that Act these Acts and law. Any surplus funds beyond what is 
15needed to comply with the aforementioned purposes shall be 
16used by the Illinois State Police to improve the Law 
17Enforcement Agencies Data System (LEADS) and criminal history 
18background check system. 
19 (c) Investment income that is attributable to the 
20investment of moneys in the Fund shall be retained in the Fund 
21for the uses specified in this Section. 
22(Source: P.A. 102-505, eff. 8-20-21; 102-538, eff. 8-20-21; 
23103-363, eff. 7-28-23.)

24 (20 ILCS 2605/2605-605)
25 Sec. 2605-605. Violent Crime Intelligence Task Force. The 
 
 
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1Director of the Illinois State Police shall establish a 
2statewide multi-jurisdictional Violent Crime Intelligence Task 
3Force led by the Illinois State Police dedicated to combating 
4gun violence, gun-trafficking, and other violent crime with 
5the primary mission of preservation of life and reducing the 
6occurrence and the fear of crime. The objectives of the Task 
7Force shall include, but not be limited to, reducing and 
8preventing illegal possession and use of firearms, 
9firearm-related homicides, and other violent crimes, and 
10solving firearm-related crimes. 
11 (1) The Task Force may develop and acquire information, 
12training, tools, and resources necessary to implement a 
13data-driven approach to policing, with an emphasis on 
14intelligence development.
15 (2) The Task Force may utilize information sharing, 
16partnerships, crime analysis, and evidence-based practices to 
17assist in the reduction of firearm-related shootings, 
18homicides, and gun-trafficking, including, but not limited to, 
19ballistic data, eTrace data, DNA evidence, latent 
20fingerprints, firearm training data, and National Integrated 
21Ballistic Information Network (NIBIN) data. The Task Force may 
22design a model crime gun intelligence strategy which may 
23include, but is not limited to, comprehensive collection and 
24documentation of all ballistic evidence, timely transfer of 
25NIBIN and eTrace leads to an intelligence center, which may 
26include the Division of Criminal Investigation of the Illinois 
 
 
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1State Police, timely dissemination of intelligence to 
2investigators, investigative follow-up, and coordinated 
3prosecution.
4 (3) The Task Force may recognize and utilize best 
5practices of community policing and may develop potential 
6partnerships with faith-based and community organizations to 
7achieve its goals.
8 (4) The Task Force may identify and utilize best practices 
9in drug-diversion programs and other community-based services 
10to redirect low-level offenders.
11 (5) The Task Force may assist in violence suppression 
12strategies including, but not limited to, details in 
13identified locations that have shown to be the most prone to 
14gun violence and violent crime, focused deterrence against 
15violent gangs and groups considered responsible for the 
16violence in communities, and other intelligence driven methods 
17deemed necessary to interrupt cycles of violence or prevent 
18retaliation.
19 (6) In consultation with the Chief Procurement Officer, 
20the Illinois State Police may obtain contracts for software, 
21commodities, resources, and equipment to assist the Task Force 
22with achieving this Act. Any contracts necessary to support 
23the delivery of necessary software, commodities, resources, 
24and equipment are not subject to the Illinois Procurement 
25Code, except for Sections 20-60, 20-65, 20-70, and 20-160 and 
26Article 50 of that Code, provided that the Chief Procurement 
 
 
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1Officer may, in writing with justification, waive any 
2certification required under Article 50 of the Illinois 
3Procurement Code.
4 (7) The Task Force shall conduct enforcement operations 
5against persons whose Firearm Owner's Identification Cards 
6have been revoked or suspended and persons who fail to comply 
7with the requirements of Section 9.5 of the Firearm Owners 
8Identification Card Act, prioritizing individuals presenting a 
9clear and present danger to themselves or to others under 
10paragraph (2) of subsection (d) of Section 8.1 of the Firearm 
11Owners Identification Card Act.
12 (8) The Task Force shall collaborate with local law 
13enforcement agencies to enforce provisions of the Firearm 
14Owners Identification Card Act, the Firearm Concealed Carry 
15Act, the Firearm Dealer License Certification Act, and Article 
1624 of the Criminal Code of 2012.
17 (9) To implement this Section, the Director of the 
18Illinois State Police may establish intergovernmental 
19agreements with law enforcement agencies in accordance with 
20the Intergovernmental Cooperation Act.
21 (10) Law enforcement agencies that participate in 
22activities described in paragraphs (7) through (9) may apply 
23to the Illinois State Police for grants from the State Police 
24Firearm Enforcement Fund. 
25(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; 
26102-813, eff. 5-13-22; 103-609, eff. 7-1-24.)

 
 
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1 Section 35. The Illinois Criminal Justice Information Act 
2is 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 
6Force.
7 (a) As used in this Section, "firearms prohibitor" means 
8any factor listed in Section 4 of the Firearm Owners 
9Identification Card Act or Section 24-3 or 24-3.1 of the 
10Criminal Code of 2012 that prohibits a person from 
11transferring or possessing a firearm, firearm ammunition, or 
12Firearm Owner's Identification Card, or concealed carry 
13license. 
14 (b) The Firearm Prohibitors and Records Improvement Task 
15Force is created to identify and research all available 
16grants, resources, and revenue that may be applied for and 
17used by all entities responsible for reporting federal and 
18State firearm prohibitors to the Illinois State Police and the 
19National Instant Criminal Background Check System. Under the 
20Firearm Owners Identification Card Act, these reporting 
21entities include, but are not limited to, hospitals, courts, 
22law enforcement and corrections. The Task Force shall identify 
23weaknesses in reporting and recommend a strategy to direct 
24resources and revenue to ensuring reporting is reliable, 
 
 
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1accurate, and timely. The Task Force shall inventory all 
2statutorily mandated firearm and gun violence related data 
3collection and reporting requirements, along with the agency 
4responsible for collecting that data, and identify gaps in 
5those requirements. The Task Force shall submit a coordinated 
6application with and through the Illinois Criminal Justice 
7Information Authority for federal funds from the National 
8Criminal History Improvement Program and the NICS Acts Record 
9Improvement Program. The Firearm Prohibitors and Records 
10Improvement Task Force shall be comprised of the following 
11members, 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 
14shall provide administrative and other support to the Task 
15Force. The Illinois State Police Division of Justice Services 
16shall also provide support to the Illinois Criminal Justice 
17Information Authority and the Task Force.
18 (d) The Task Force may meet in person or virtually and 
19shall issue a written report of its findings and 
20recommendations to General Assembly on or before July 1, 2022. 
21The Task Force shall issue an annual report, which shall 
22include information on the state of FOID data, including a 
23review of previous activity by the Task Force to close 
24previously identified gaps; identifying known (or new) gaps; a 
25proposal of policy and practice recommendations to close those 
26gaps; and a preview of expected activities of the Task Force 
 
 
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1for the coming year.
2 (e) Within 60 days of the effective date of this 
3amendatory Act of the 102nd General Assembly, the Chair shall 
4establish 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 
8Sections 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 
12known as the Mental Health Reporting Fund. The Fund shall 
13receive revenue under the Firearm Concealed Carry Act. The 
14Fund may also receive revenue from grants, pass-through 
15grants, donations, appropriations, and any other legal source.
16 (b) The Illinois State Police and Department of Human 
17Services shall coordinate to use moneys in the Fund to finance 
18their respective duties of collecting and reporting data on 
19mental health records and ensuring that mental health firearm 
20possession prohibitors are enforced as set forth under the 
21Firearm Concealed Carry Act and the Firearm Owners 
22Identification Card Act. Any surplus in the Fund beyond what 
23is necessary to ensure compliance with mental health reporting 
24under that Act these Acts shall be used by the Department of 
 
 
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1Human Services for mental health treatment programs as 
2follows: (1) 50% shall be used to fund community-based mental 
3health programs aimed at reducing gun violence, community 
4integration and education, or mental health awareness and 
5prevention, including administrative costs; and (2) 50% shall 
6be used to award grants that use and promote the National 
7School Mental Health Curriculum model for school-based mental 
8health support, integration, and services.
9 (c) Investment income that is attributable to the 
10investment of moneys in the Fund shall be retained in the Fund 
11for the uses specified in this Section.
12(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; 
13102-813, 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 
17established as a special fund in the State treasury. This Fund 
18is established to receive moneys from the Firearm Owners 
19Identification Card Act to enforce that Act, the Firearm 
20Concealed Carry Act, Article 24 of the Criminal Code of 2012, 
21and other firearm offenses. The Fund may also receive revenue 
22from grants, donations, appropriations, and any other legal 
23source.
24 (b) The Illinois State Police may use moneys from the Fund 
25to establish task forces and, if necessary, include other law 
 
 
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1enforcement agencies, under intergovernmental contracts 
2written and executed in conformity with the Intergovernmental 
3Cooperation Act.
4 (c) The Illinois State Police may use moneys in the Fund to 
5hire and train State Police officers and for the prevention of 
6violent crime.
7 (d) The State Police Firearm Enforcement Fund is not 
8subject to administrative chargebacks.
9 (e) Law enforcement agencies that participate in Firearm 
10Owner's Identification Card revocation enforcement in the 
11Violent Crime Intelligence Task Force may apply for grants 
12from the Illinois State Police.
13 (f) Any surplus in the Fund beyond what is necessary to 
14ensure compliance with subsections (a) through (e) or moneys 
15that are specifically appropriated for those purposes shall be 
16used by the Illinois State Police to award grants to assist 
17with the data reporting requirements of the Gun Trafficking 
18Information Act. 
19(Source: P.A. 102-237, eff. 1-1-22; 102-813, eff. 5-13-22; 
20103-34, eff. 6-9-23; 103-609, eff. 7-1-24.)

21 Section 43. The Illinois Procurement Code is amended by 
22changing 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 
2bidders, offerors, potential contractors, or contractors were 
3first solicited on or after July 1, 1998. This Code shall not 
4be construed to affect or impair any contract, or any 
5provision of a contract, entered into based on a solicitation 
6prior to the implementation date of this Code as described in 
7Article 99, including, but not limited to, any covenant 
8entered into with respect to any revenue bonds or similar 
9instruments. All procurements for which contracts are 
10solicited between the effective date of Articles 50 and 99 and 
11July 1, 1998 shall be substantially in accordance with this 
12Code and its intent.
13 (b) This Code shall apply regardless of the source of the 
14funds with which the contracts are paid, including federal 
15assistance 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 
21with an annual value of more than $100,000 entered into on or 
22after October 1, 2017 under an exemption provided in any 
23paragraph of this subsection (b), except paragraph (1), (2), 
24or (5), each State agency shall post to the appropriate 
25procurement bulletin the name of the contractor, a description 
26of the supply or service provided, the total amount of the 
 
 
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1contract, the term of the contract, and the exception to the 
2Code utilized. The chief procurement officer shall submit a 
3report to the Governor and General Assembly no later than 
4November 1 of each year that shall include, at a minimum, an 
5annual summary of the monthly information reported to the 
6chief procurement officer. 
7 (c) This Code does not apply to the electric power 
8procurement process provided for under Section 1-75 of the 
9Illinois Power Agency Act and Section 16-111.5 of the Public 
10Utilities Act. This Code does not apply to the procurement of 
11technical and policy experts pursuant to Section 1-129 of the 
12Illinois Power Agency Act. 
13 (d) Except for Section 20-160 and Article 50 of this Code, 
14and as expressly required by Section 9.1 of the Illinois 
15Lottery Law, the provisions of this Code do not apply to the 
16procurement process provided for under Section 9.1 of the 
17Illinois Lottery Law. 
18 (e) This Code does not apply to the process used by the 
19Capital Development Board to retain a person or entity to 
20assist the Capital Development Board with its duties related 
21to the determination of costs of a clean coal SNG brownfield 
22facility, as defined by Section 1-10 of the Illinois Power 
23Agency Act, as required in subsection (h-3) of Section 9-220 
24of the Public Utilities Act, including calculating the range 
25of capital costs, the range of operating and maintenance 
26costs, or the sequestration costs or monitoring the 
 
 
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1construction of clean coal SNG brownfield facility for the 
2full duration of construction.
3 (f) (Blank). 
4 (g) (Blank).
5 (h) This Code does not apply to the process to procure or 
6contracts entered into in accordance with Sections 11-5.2 and 
711-5.3 of the Illinois Public Aid Code. 
8 (i) Each chief procurement officer may access records 
9necessary to review whether a contract, purchase, or other 
10expenditure is or is not subject to the provisions of this 
11Code, unless such records would be subject to attorney-client 
12privilege. 
13 (j) This Code does not apply to the process used by the 
14Capital Development Board to retain an artist or work or works 
15of art as required in Section 14 of the Capital Development 
16Board Act. 
17 (k) This Code does not apply to the process to procure 
18contracts, or contracts entered into, by the State Board of 
19Elections or the State Electoral Board for hearing officers 
20appointed pursuant to the Election Code. 
21 (l) This Code does not apply to the processes used by the 
22Illinois Student Assistance Commission to procure supplies and 
23services paid for from the private funds of the Illinois 
24Prepaid Tuition Fund. As used in this subsection (l), "private 
25funds" means funds derived from deposits paid into the 
26Illinois Prepaid Tuition Trust Fund and the earnings thereon. 
 
 
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1 (m) This Code shall apply regardless of the source of 
2funds with which contracts are paid, including federal 
3assistance moneys. Except as specifically provided in this 
4Code, this Code shall not apply to procurement expenditures 
5necessary for the Department of Public Health to conduct the 
6Healthy Illinois Survey in accordance with Section 2310-431 of 
7the Department of Public Health Powers and Duties Law of the 
8Civil Administrative Code of Illinois. 
9(Source: P.A. 102-175, eff. 7-29-21; 102-483, eff 1-1-22; 
10102-558, eff. 8-20-21; 102-600, eff. 8-27-21; 102-662, eff. 
119-15-21; 102-721, eff. 1-1-23; 102-813, eff. 5-13-22; 
12102-1116, eff. 1-10-23; 103-8, eff. 6-7-23; 103-103, eff. 
136-27-23; 103-570, eff. 1-1-24; 103-580, eff. 12-8-23; 103-594, 
14eff. 6-25-24; 103-605, eff. 7-1-24; 103-865, eff. 1-1-25; 
15revised 11-26-24.)

16 Section 45. The Liquor Control Act of 1934 is amended by 
17changing 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 
20threat to the sound and careful control, regulation, and 
21taxation of the manufacture, sale, and distribution of 
22alcoholic liquors exists by virtue of individuals who 
23manufacture, import, distribute, or sell alcoholic liquors 
24within the State without having first obtained a valid license 
 
 
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1to do so, and whereas such threat is especially serious along 
2the borders of this State, and whereas such threat requires 
3immediate correction by this Act, by active investigation and 
4prosecution by the State Commission, law enforcement 
5officials, and prosecutors, and by prompt and strict 
6enforcement through the courts of this State to punish 
7violators and to deter such conduct in the future:
8 (a) Any person who manufactures, imports for distribution 
9or use, transports from outside this State into this State, or 
10distributes or sells 108 liters (28.53 gallons) or more of 
11wine, 45 liters (11.88 gallons) or more of distilled spirits, 
12or 118 liters (31.17 gallons) or more of beer at any place 
13within the State without having first obtained a valid license 
14to do so under the provisions of this Act shall be guilty of a 
15Class 4 felony for each offense. However, any person who was 
16duly licensed under this Act and whose license expired within 
1730 days prior to a violation shall be guilty of a business 
18offense and fined not more than $1,000 for the first such 
19offense and shall be guilty of a Class 4 felony for each 
20subsequent offense. 
21 Any person who manufactures, imports for distribution, 
22transports from outside this State into this State for sale or 
23resale in this State, or distributes or sells less than 108 
24liters (28.53 gallons) of wine, less than 45 liters (11.88 
25gallons) of distilled spirits, or less than 118 liters (31.17 
26gallons) of beer at any place within the State without having 
 
 
HB1034- 61 -LRB104 03480 RLC 13503 b


1first obtained a valid license to do so under the provisions of 
2this Act shall be guilty of a business offense and fined not 
3more than $1,000 for the first such offense and shall be guilty 
4of a Class 4 felony for each subsequent offense. This 
5subsection does not apply to a motor carrier or freight 
6forwarder, as defined in Section 13102 of Title 49 of the 
7United States Code, an air carrier, as defined in Section 
840102 of Title 49 of the United States Code, or a rail carrier, 
9as defined in Section 10102 of Title 49 of the United States 
10Code. 
11 Any person who: (1) has been issued an initial cease and 
12desist notice from the State Commission; and (2) for 
13compensation, does any of the following: (i) ships alcoholic 
14liquor into this State without a license authorized by Section 
155-1 issued by the State Commission or in violation of that 
16license; or (ii) manufactures, imports for distribution, 
17transports from outside this State into this State for sale or 
18resale in this State, or distributes or sells alcoholic 
19liquors at any place without having first obtained a valid 
20license to do so is guilty of a Class 4 felony for each 
21offense. 
22 (b) (1) Any retailer, caterer retailer, brew pub, special 
23event retailer, special use permit holder, homebrewer special 
24event permit holder, or craft distiller tasting permit holder 
25who knowingly causes alcoholic liquors to be imported directly 
26into the State of Illinois from outside of the State for the 
 
 
HB1034- 62 -LRB104 03480 RLC 13503 b


1purpose of furnishing, giving, or selling to another, except 
2when having received the product from a duly licensed 
3distributor or importing distributor, shall have his license 
4suspended for 30 days for the first offense and for the second 
5offense, shall have his license revoked by the Commission.
6 (2) In the event the State Commission receives a certified 
7copy of a final order from a foreign jurisdiction that an 
8Illinois retail licensee has been found to have violated that 
9foreign jurisdiction's laws, rules, or regulations concerning 
10the importation of alcoholic liquor into that foreign 
11jurisdiction, the violation may be grounds for the State 
12Commission to revoke, suspend, or refuse to issue or renew a 
13license, to impose a fine, or to take any additional action 
14provided by this Act with respect to the Illinois retail 
15license or licensee. Any such action on the part of the State 
16Commission shall be in accordance with this Act and 
17implementing rules.
18 For the purposes of paragraph (2): (i) "foreign 
19jurisdiction" means a state, territory, or possession of the 
20United States, the District of Columbia, or the Commonwealth 
21of Puerto Rico, and (ii) "final order" means an order or 
22judgment of a court or administrative body that determines the 
23rights of the parties respecting the subject matter of the 
24proceeding, that remains in full force and effect, and from 
25which no appeal can be taken.
26 (c) Any person who shall make any false statement or 
 
 
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1otherwise violates any of the provisions of this Act in 
2obtaining any license hereunder, or who having obtained a 
3license hereunder shall violate any of the provisions of this 
4Act with respect to the manufacture, possession, distribution 
5or sale of alcoholic liquor, or with respect to the 
6maintenance of the licensed premises, or shall violate any 
7other provision of this Act, shall for a first offense be 
8guilty of a petty offense and fined not more than $500, and for 
9a second or subsequent offense shall be guilty of a Class B 
10misdemeanor.
11 (c-5) (Blank). Any owner of an establishment that serves 
12alcohol on its premises, if more than 50% of the 
13establishment's gross receipts within the prior 3 months is 
14from the sale of alcohol, who knowingly fails to prohibit 
15concealed firearms on its premises or who knowingly makes a 
16false statement or record to avoid the prohibition of 
17concealed firearms on its premises under the Firearm Concealed 
18Carry Act shall be guilty of a business offense with a fine up 
19to $5,000. 
20 (d) Each day any person engages in business as a 
21manufacturer, foreign importer, importing distributor, 
22distributor or retailer in violation of the provisions of this 
23Act shall constitute a separate offense.
24 (e) Any person, under the age of 21 years who, for the 
25purpose of buying, accepting or receiving alcoholic liquor 
26from a licensee, represents that he is 21 years of age or over 
 
 
HB1034- 64 -LRB104 03480 RLC 13503 b


1shall be guilty of a Class A misdemeanor.
2 (f) In addition to the penalties herein provided, any 
3person licensed as a wine-maker in either class who 
4manufactures more wine than authorized by his license shall be 
5guilty of a business offense and shall be fined $1 for each 
6gallon so manufactured.
7 (g) A person shall be exempt from prosecution for a 
8violation of this Act if he is a peace officer in the 
9enforcement of the criminal laws and such activity is approved 
10in 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 
24amended by changing Sections 2, 3, 3.1, 4, 5, 7, 8.5 and 13.1 
25as 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; 
3exceptions. 
4 (a) (1) No person may acquire or possess any firearm, stun 
5gun, or taser within this State without having in his or her 
6possession a Firearm Owner's Identification Card previously 
7issued in his or her name by the Illinois State Police under 
8the provisions of this Act.
9 (2) No person may acquire or possess firearm ammunition 
10within this State without having in his or her possession a 
11Firearm Owner's Identification Card previously issued in his 
12or her name by the Illinois State Police under the provisions 
13of this Act.
14 (b) The provisions of this Section regarding the 
15possession of firearms, firearm ammunition, stun guns, and 
16tasers 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 
5acquisition and possession of firearms, firearm ammunition, 
6stun guns, and tasers do not apply to law enforcement 
7officials of this or any other jurisdiction, while engaged in 
8the operation of their official duties.
9 (c-5) (Blank). The provisions of paragraphs (1) and (2) of 
10subsection (a) of this Section regarding the possession of 
11firearms and firearm ammunition do not apply to the holder of a 
12valid concealed carry license issued under the Firearm 
13Concealed Carry Act who is in physical possession of the 
14concealed carry license. 
15 (d) Any person who becomes a resident of this State, who is 
16not otherwise prohibited from obtaining, possessing, or using 
17a firearm or firearm ammunition, shall not be required to have 
18a Firearm Owner's Identification Card to possess firearms or 
19firearms ammunition until 60 calendar days after he or she 
20obtains an Illinois driver's license or Illinois 
21Identification 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 
25knowingly transfer, or cause to be transferred, any firearm, 
 
 
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1firearm ammunition, stun gun, or taser to any person within 
2this State unless the transferee with whom he deals displays 
3either: (1) a currently valid Firearm Owner's Identification 
4Card which has previously been issued in his or her name by the 
5Illinois State Police under the provisions of this Act; or (2) 
6a currently valid license to carry a concealed firearm which 
7has previously been issued in his or her name by the Illinois 
8State Police under the Firearm Concealed Carry Act. In 
9addition, all firearm, stun gun, and taser transfers by 
10federally licensed firearm dealers are subject to Section 3.1.
11 (a-5) Any person who is not a federally licensed firearm 
12dealer and who desires to transfer or sell a firearm while that 
13person is on the grounds of a gun show must, before selling or 
14transferring the firearm, request the Illinois State Police to 
15conduct a background check on the prospective recipient of the 
16firearm in accordance with Section 3.1. 
17 (a-10) Notwithstanding item (2) of subsection (a) of this 
18Section, any person who is not a federally licensed firearm 
19dealer and who desires to transfer or sell a firearm or 
20firearms to any person who is not a federally licensed firearm 
21dealer shall, before selling or transferring the firearms, 
22contact a federal firearm license dealer under paragraph (1) 
23of subsection (a-15) of this Section to conduct the transfer 
24or the Illinois State Police with the transferee's or 
25purchaser's Firearm Owner's Identification Card number to 
26determine the validity of the transferee's or purchaser's 
 
 
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1Firearm Owner's Identification Card under State and federal 
2law, including the National Instant Criminal Background Check 
3System. This subsection shall not be effective until July 1, 
42023. Until that date the transferor shall contact the 
5Illinois State Police with the transferee's or purchaser's 
6Firearm Owner's Identification Card number to determine the 
7validity of the card. The Illinois State Police may adopt 
8rules concerning the implementation of this subsection. The 
9Illinois State Police shall provide the seller or transferor 
10an approval number if the purchaser's Firearm Owner's 
11Identification Card is valid. Approvals issued by the Illinois 
12State Police for the purchase of a firearm pursuant to this 
13subsection are valid for 30 days from the date of issue.
14 (a-15) The provisions of subsection (a-10) of this Section 
15do 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 
10Internet-based system for individuals to determine the 
11validity of a Firearm Owner's Identification Card prior to the 
12sale or transfer of a firearm. The Illinois State Police shall 
13have the Internet-based system updated and available for use 
14by January 1, 2024. The Illinois State Police shall adopt 
15rules not inconsistent with this Section to implement this 
16system; but no rule shall allow the Illinois State Police to 
17retain records in contravention of State and federal law.
18 (a-25) On or before January 1, 2022, the Illinois State 
19Police shall develop an Internet-based system upon which the 
20serial numbers of firearms that have been reported stolen are 
21available for public access for individuals to ensure any 
22firearms are not reported stolen prior to the sale or transfer 
23of a firearm under this Section. The Illinois State Police 
24shall have the Internet-based system completed and available 
25for use by July 1, 2022. The Illinois State Police shall adopt 
26rules not inconsistent with this Section to implement this 
 
 
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1system. 
2 (b) Any person within this State who transfers or causes 
3to be transferred any firearm, stun gun, or taser shall keep a 
4record of such transfer for a period of 10 years from the date 
5of transfer. Any person within this State who receives any 
6firearm, stun gun, or taser pursuant to subsection (a-10) 
7shall provide a record of the transfer within 10 days of the 
8transfer to a federally licensed firearm dealer and shall not 
9be required to maintain a transfer record. The federally 
10licensed firearm dealer shall maintain the transfer record for 
1120 years from the date of receipt. A federally licensed 
12firearm dealer may charge a fee not to exceed $25 to retain the 
13record. The record shall be provided and maintained in either 
14an electronic or paper format. The federally licensed firearm 
15dealer shall not be liable for the accuracy of any information 
16in the transfer record submitted pursuant to this Section. 
17Such records shall contain the date of the transfer; the 
18description, serial number or other information identifying 
19the firearm, stun gun, or taser if no serial number is 
20available; and, if the transfer was completed within this 
21State, the transferee's Firearm Owner's Identification Card 
22number and any approval number or documentation provided by 
23the Illinois State Police pursuant to subsection (a-10) of 
24this Section; if the transfer was not completed within this 
25State, the record shall contain the name and address of the 
26transferee. On or after January 1, 2006, the record shall 
 
 
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1contain the date of application for transfer of the firearm. 
2On demand of a peace officer such transferor shall produce for 
3inspection such record of transfer. For any transfer pursuant 
4to subsection (a-10) of this Section, on the demand of a peace 
5officer, such transferee shall identify the federally licensed 
6firearm dealer maintaining the transfer record. If the 
7transfer or sale took place at a gun show, the record shall 
8include the unique identification number. Failure to record 
9the unique identification number or approval number is a petty 
10offense. For transfers of a firearm, stun gun, or taser made on 
11or after January 18, 2019 (the effective date of Public Act 
12100-1178), failure by the private seller to maintain the 
13transfer records in accordance with this Section, or failure 
14by a transferee pursuant to subsection a-10 of this Section to 
15identify the federally licensed firearm dealer maintaining the 
16transfer record, is a Class A misdemeanor for the first 
17offense and a Class 4 felony for a second or subsequent offense 
18occurring within 10 years of the first offense and the second 
19offense was committed after conviction of the first offense. 
20Whenever any person who has not previously been convicted of 
21any violation of subsection (a-5), the court may grant 
22supervision pursuant to and consistent with the limitations of 
23Section 5-6-1 of the Unified Code of Corrections. A transferee 
24or transferor shall not be criminally liable under this 
25Section provided that he or she provides the Illinois State 
26Police with the transfer records in accordance with procedures 
 
 
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1established by the Illinois State Police. The Illinois State 
2Police shall establish, by rule, a standard form on its 
3website. 
4 (b-5) Any resident may purchase ammunition from a person 
5within or outside of Illinois if shipment is by United States 
6mail or by a private express carrier authorized by federal law 
7to ship ammunition. Any resident purchasing ammunition within 
8or outside the State of Illinois must provide the seller with a 
9copy of his or her valid Firearm Owner's Identification Card 
10or valid concealed carry license and either his or her 
11Illinois driver's license or Illinois State Identification 
12Card prior to the shipment of the ammunition. The ammunition 
13may be shipped only to an address on either of those 2 
14documents.
15 (c) The provisions of this Section regarding the transfer 
16of firearm ammunition shall not apply to those persons 
17specified 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; 
19102-813, 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 
23telephone system or utilize other existing technology which 
24shall be used by any federally licensed firearm dealer, gun 
25show promoter, or gun show vendor who is to transfer a firearm, 
 
 
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1stun gun, or taser under the provisions of this Act. The 
2Illinois State Police may utilize existing technology which 
3allows the caller to be charged a fee not to exceed $2. Fees 
4collected by the Illinois State Police shall be deposited in 
5the State Police Firearm Services Fund and used to provide the 
6service. 
7 (b) Upon receiving a request from a federally licensed 
8firearm dealer, gun show promoter, or gun show vendor, the 
9Illinois State Police shall immediately approve or, within the 
10time period established by Section 24-3 of the Criminal Code 
11of 2012 regarding the delivery of firearms, stun guns, and 
12tasers, notify the inquiring dealer, gun show promoter, or gun 
13show vendor of any objection that would disqualify the 
14transferee from acquiring or possessing a firearm, stun gun, 
15or taser. In conducting the inquiry, the Illinois State Police 
16shall initiate and complete an automated search of its 
17criminal history record information files and those of the 
18Federal Bureau of Investigation, including the National 
19Instant Criminal Background Check System, and of the files of 
20the Department of Human Services relating to mental health and 
21developmental disabilities to obtain any felony conviction or 
22patient hospitalization information which would disqualify a 
23person from obtaining or require revocation of a currently 
24valid Firearm Owner's Identification Card.
25 (b-5) By January 1, 2023, the Illinois State Police shall 
26by rule provide a process for the automatic renewal of the 
 
 
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1Firearm Owner's Identification Card of a person at the time of 
2an inquiry in subsection (b). Persons eligible for this 
3process must have a set of fingerprints on file with their 
4applications under either subsection (a-25) of Section 4 or 
5the Firearm Concealed Carry Act. 
6 (c) If receipt of a firearm would not violate Section 24-3 
7of the Criminal Code of 2012, federal law, or this Act, the 
8Illinois 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 
14purchase of a firearm are valid for 30 days from the date of 
15issue. 
16 (e) (1) The Illinois State Police must act as the Illinois 
17Point of Contact for the National Instant Criminal Background 
18Check System.
19 (2) The Illinois State Police and the Department of Human 
20Services shall, in accordance with State and federal law 
21regarding confidentiality, enter into a memorandum of 
22understanding with the Federal Bureau of Investigation for the 
23purpose of implementing the National Instant Criminal 
24Background Check System in the State. The Illinois State 
25Police shall report the name, date of birth, and physical 
26description of any person prohibited from possessing a firearm 
 
 
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1pursuant to the Firearm Owners Identification Card Act or 18 
2U.S.C. 922(g) and (n) to the National Instant Criminal 
3Background Check System Index, Denied Persons Files. 
4 (3) The Illinois State Police shall provide notice of the 
5disqualification of a person under subsection (b) of this 
6Section or the revocation of a person's Firearm Owner's 
7Identification Card under Section 8 or Section 8.2 of this 
8Act, and the reason for the disqualification or revocation, to 
9all law enforcement agencies with jurisdiction to assist with 
10the seizure of the person's Firearm Owner's Identification 
11Card. 
12 (f) The Illinois State Police shall adopt rules not 
13inconsistent with this Section to implement this system.
14(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; 
15102-813, eff. 5-13-22.)

16 (430 ILCS 65/4) (from Ch. 38, par. 83-4)
17 Sec. 4. Application for Firearm Owner's Identification 
18Cards. 
19 (a) Each applicant for a Firearm Owner's Identification 
20Card 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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1Card who is over the age of 18 shall furnish to the Illinois 
2State Police either his or her Illinois driver's license 
3number or Illinois Identification Card number, except as 
4provided in subsection (a-10).
5 (a-10) Each applicant for a Firearm Owner's Identification 
6Card, who is employed as a law enforcement officer, an armed 
7security officer in Illinois, or by the United States Military 
8permanently assigned in Illinois and who is not an Illinois 
9resident, shall furnish to the Illinois State Police his or 
10her driver's license number or state identification card 
11number from his or her state of residence. The Illinois State 
12Police may adopt rules to enforce the provisions of this 
13subsection (a-10).
14 (a-15) If an applicant applying for a Firearm Owner's 
15Identification Card moves from the residence address named in 
16the application, he or she shall immediately notify in a form 
17and manner prescribed by the Illinois State Police of that 
18change of address.
19 (a-20) Each applicant for a Firearm Owner's Identification 
20Card shall furnish to the Illinois State Police his or her 
21photograph. An applicant who is 21 years of age or older 
22seeking a religious exemption to the photograph requirement 
23must furnish with the application an approved copy of United 
24States Department of the Treasury Internal Revenue Service 
25Form 4029. In lieu of a photograph, an applicant regardless of 
26age seeking a religious exemption to the photograph 
 
 
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1requirement shall submit fingerprints on a form and manner 
2prescribed by the Illinois State Police with his or her 
3application. 
4 (a-25) Beginning January 1, 2023, each applicant for the 
5issuance of a Firearm Owner's Identification Card may include 
6a full set of his or her fingerprints in electronic format to 
7the Illinois State Police, unless the applicant has previously 
8provided a full set of his or her fingerprints to the Illinois 
9State Police under this Act or the Firearm Concealed Carry 
10Act.
11 The fingerprints must be transmitted through a live scan 
12fingerprint vendor licensed by the Department of Financial and 
13Professional Regulation. The fingerprints shall be checked 
14against the fingerprint records now and hereafter filed in the 
15Illinois State Police and Federal Bureau of Investigation 
16criminal history records databases, including all available 
17State and local criminal history record information files.
18 The Illinois State Police shall charge applicants a 
19one-time fee for conducting the criminal history record check, 
20which shall be deposited into the State Police Services Fund 
21and shall not exceed the actual cost of the State and national 
22criminal history record check.
23 (a-26) The Illinois State Police shall research, explore, 
24and report to the General Assembly by January 1, 2022 on the 
25feasibility of permitting voluntarily submitted fingerprints 
26obtained for purposes other than Firearm Owner's 
 
 
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1Identification Card enforcement that are contained in the 
2Illinois State Police database for purposes of this Act. 
3 (b) Each application form shall include the following 
4statement printed in bold type: "Warning: Entering false 
5information on an application for a Firearm Owner's 
6Identification Card is punishable as a Class 2 felony in 
7accordance with subsection (d-5) of Section 14 of the Firearm 
8Owners Identification Card Act.".
9 (c) Upon such written consent, pursuant to Section 4, 
10paragraph (a)(2)(i), the parent or legal guardian giving the 
11consent shall be liable for any damages resulting from the 
12applicant's use of firearms or firearm ammunition.
13(Source: P.A. 101-80, eff. 7-12-19; 102-237, eff. 1-1-22; 
14102-538, eff. 8-20-21; 102-813, eff. 5-13-22; 102-1030, eff. 
155-27-22; 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 
19all applications within 30 days from the date they are 
20received, except as provided in subsections (b) and (c), and 
21every applicant found qualified under Section 8 of this Act by 
22the Illinois State Police shall be entitled to a Firearm 
23Owner's Identification Card upon the payment of a $10 fee and 
24applicable processing fees. The processing fees shall be 
25limited to charges by the State Treasurer for using the 
 
 
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1electronic online payment system. Any applicant who is an 
2active duty member of the Armed Forces of the United States, a 
3member of the Illinois National Guard, or a member of the 
4Reserve Forces of the United States is exempt from the 
5application fee. $5 of each fee derived from the issuance of a 
6Firearm Owner's Identification Card or renewals thereof shall 
7be deposited in the State Police Firearm Services Fund and $5 
8into the State Police Firearm Enforcement Fund.
9 (b) Renewal applications shall be approved or denied 
10within 60 business days, provided the applicant submitted his 
11or her renewal application prior to the expiration of his or 
12her Firearm Owner's Identification Card. If a renewal 
13application has been submitted prior to the expiration date of 
14the applicant's Firearm Owner's Identification Card, the 
15Firearm Owner's Identification Card shall remain valid while 
16the Illinois State Police processes the application, unless 
17the person is subject to or becomes subject to revocation 
18under this Act. The cost for a renewal application shall be $10 
19and may include applicable processing fees, which shall be 
20limited to charges by the State Treasurer for using the 
21electronic online payment system, which shall be deposited 
22into the State Police Firearm Services Fund.
23 (c) (Blank). If the Firearm Owner's Identification Card of 
24a licensee under the Firearm Concealed Carry Act expires 
25during the term of the licensee's concealed carry license, the 
26Firearm Owner's Identification Card and the license remain 
 
 
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1valid and the licensee does not have to renew his or her 
2Firearm Owner's Identification Card during the duration of the 
3concealed carry license. Unless the Illinois State Police has 
4reason to believe the licensee is no longer eligible for the 
5card, the Illinois State Police may automatically renew the 
6licensee's Firearm Owner's Identification Card and send a 
7renewed Firearm Owner's Identification Card to the licensee.
8 (d) The Illinois State Police may adopt rules concerning 
9the use of voluntarily submitted fingerprints, as allowed by 
10State and federal law. 
11(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; 
12102-813, 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 
16elsewhere in this Section, a Firearm Owner's Identification 
17Card issued under the provisions of this Act shall be valid for 
18the person to whom it is issued for a period of 10 years from 
19the date of issuance. Unless the person no longer meets the 
20requirements or becomes subject to suspension or revocation 
21under this Act, a card issued under an application made as 
22provided in subsection (a-25) of Section 4 shall remain valid 
23if the person meets the requirements of subsection (b-5) of 
24Section 3.1. 
25 (b) If a renewal application is submitted to the 
 
 
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1Department before the expiration date of the applicant's 
2current Firearm Owner's Identification Card, the Firearm 
3Owner's Identification Card shall remain valid, unless the 
4person is subject to or becomes subject to revocation under 
5this Act. Unless the person no longer meets the requirements 
6or becomes subject to suspension or revocation under this Act, 
7a card issued under a renewal application made as provided in 
8subsection (a-25) of Section 4 shall remain valid if the 
9person meets the implementation requirements of Section 3.1.
10 (c) (Blank). Beginning January 1, 2022, if the Firearm 
11Owner's Identification Card of a licensee under the Firearm 
12Concealed Carry Act expires during the term of the licensee's 
13concealed carry license, the Firearm Owner's Identification 
14Card and the license remain valid during the validity of the 
15concealed carry license and the licensee does not have to 
16renew his or her Firearm Owner's Identification Card, if the 
17Firearm Owner's Identification Card has not been otherwise 
18renewed as provided in this Act. Unless the Illinois State 
19Police has reason to believe the licensee is no longer 
20eligible for the card, the Illinois State Police may 
21automatically renew the licensee's Firearm Owner's 
22Identification 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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1firearms prohibitors. The Illinois State Police shall 
2continuously monitor relevant State and federal databases, as 
3allowed by State and federal law, for firearms prohibitors and 
4correlate those records with Firearm Owner's Identification 
5Card holders to ensure compliance with this Act and any other 
6State and federal laws. As used in this Section, "firearms 
7prohibitor" means any factor listed in Section 8 or Section 
88.2 of this Act or Section 24-3 or 24-3.1 of the Criminal Code 
9of 2012 that prohibits a person from transferring or 
10possessing a firearm, firearm ammunition, or Firearm Owner's 
11Identification 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 
16Concealed Carry Act and subsections (b) and (c) of this 
17Section, the provisions of any ordinance enacted by any 
18municipality which requires registration or imposes greater 
19restrictions or limitations on the acquisition, possession and 
20transfer of firearms than are imposed by this Act, are not 
21invalidated or affected by this Act.
22 (b) The Notwithstanding subsection (a) of this Section, 
23the regulation, licensing, possession, and registration of 
24handguns and ammunition for a handgun, and the transportation 
25of any firearm and ammunition by a holder of a valid Firearm 
 
 
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1Owner's Identification Card issued by the Illinois State 
2Police under this Act are exclusive powers and functions of 
3this State. Any ordinance or regulation, or portion of that 
4ordinance or regulation, enacted on or before the effective 
5date of this amendatory Act of the 98th General Assembly that 
6purports to impose regulations or restrictions on a holder of 
7a valid Firearm Owner's Identification Card issued by the 
8Illinois State Police under this Act in a manner that is 
9inconsistent with this Act, on the effective date of this 
10amendatory Act of the 98th General Assembly, shall be invalid 
11in its application to a holder of a valid Firearm Owner's 
12Identification Card issued by the Illinois State Police under 
13this Act.
14 (c) Notwithstanding subsection (a) of this Section, the 
15regulation of the possession or ownership of assault weapons 
16are exclusive powers and functions of this State. Any 
17ordinance or regulation, or portion of that ordinance or 
18regulation, that purports to regulate the possession or 
19ownership of assault weapons in a manner that is inconsistent 
20with this Act, shall be invalid unless the ordinance or 
21regulation is enacted on, before, or within 10 days after the 
22effective date of this amendatory Act of the 98th General 
23Assembly. Any ordinance or regulation described in this 
24subsection (c) enacted more than 10 days after the effective 
25date of this amendatory Act of the 98th General Assembly is 
26invalid. An ordinance enacted on, before, or within 10 days 
 
 
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1after the effective date of this amendatory Act of the 98th 
2General Assembly may be amended. The enactment or amendment of 
3ordinances under this subsection (c) are subject to the 
4submission requirements of Section 13.3. For the purposes of 
5this subsection, "assault weapons" means firearms designated 
6by either make or model or by a test or list of cosmetic 
7features that cumulatively would place the firearm into a 
8definition of "assault weapon" under the ordinance.
9 (d) For the purposes of this Section, "handgun" means any 
10device which is designed to expel a projectile or projectiles 
11by the action of an explosion, expansion of gas, or escape of 
12gas that is designed to be held and fired by the use of a 
13single 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 
3powers and functions under subsection (h) of Section 6 of 
4Article 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 
8amended 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 
12by 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 
16restraining order by filing an affidavit or verified pleading 
17alleging that the respondent poses an immediate and present 
18danger of causing personal injury to himself, herself, or 
19another by having in his or her custody or control, 
20purchasing, possessing, or receiving a firearm, ammunition, or 
21firearm parts that could be assembled to make an operable 
22firearm. The petition shall also describe the type and 
 
 
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1location of any firearm or firearms, ammunition, or firearm 
2parts that could be assembled to make an operable firearm 
3presently believed by the petitioner to be possessed or 
4controlled by the respondent. 
5 (b) If the respondent is alleged to pose an immediate and 
6present danger of causing personal injury to an intimate 
7partner, or an intimate partner is alleged to have been the 
8target of a threat or act of violence by the respondent, the 
9petitioner shall make a good faith effort to provide notice to 
10any and all intimate partners of the respondent. The notice 
11must include that the petitioner intends to petition the court 
12for an emergency firearms restraining order, and, if the 
13petitioner is a law enforcement officer, referral to relevant 
14domestic violence or stalking advocacy or counseling 
15resources, if appropriate. The petitioner shall attest to 
16having provided the notice in the filed affidavit or verified 
17pleading. If, after making a good faith effort, the petitioner 
18is unable to provide notice to any or all intimate partners, 
19the affidavit or verified pleading should describe what 
20efforts were made.
21 (c) Every person who files a petition for an emergency 
22firearms restraining order, knowing the information provided 
23to the court at any hearing or in the affidavit or verified 
24pleading to be false, is guilty of perjury under Section 32-2 
25of the Criminal Code of 2012. 
26 (d) An emergency firearms restraining order shall be 
 
 
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1issued on an ex parte basis, that is, without notice to the 
2respondent. 
3 (e) An emergency hearing held on an ex parte basis shall be 
4held the same day that the petition is filed or the next day 
5that the court is in session. 
6 (f) If a circuit or associate judge finds probable cause 
7to believe that the respondent poses an immediate and present 
8danger of causing personal injury to himself, herself, or 
9another by having in his or her custody or control, 
10purchasing, possessing, or receiving a firearm, ammunition, or 
11firearm parts that could be assembled to make an operable 
12firearm, the circuit or associate judge shall issue an 
13emergency order. 
14 (f-5) If the court issues an emergency firearms 
15restraining order, it shall, upon a finding of probable cause 
16that the respondent possesses firearms, ammunition, or firearm 
17parts that could be assembled to make an operable firearm, 
18issue a search warrant directing a law enforcement agency to 
19seize the respondent's firearms, ammunition, and firearm parts 
20that could be assembled to make an operable firearm. The court 
21may, as part of that warrant, direct the law enforcement 
22agency to search the respondent's residence and other places 
23where the court finds there is probable cause to believe he or 
24she is likely to possess the firearms, ammunition, or firearm 
25parts that could be assembled to make an operable firearm. A 
26return of the search warrant shall be filed by the law 
 
 
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1enforcement agency within 4 days thereafter, setting forth the 
2time, date, and location that the search warrant was executed 
3and 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 
17this Section, upon expiration of the period of safekeeping, if 
18the firearms, ammunition, and firearm parts that could be 
19assembled to make an operable firearm or Firearm Owner's 
20Identification Card and concealed carry license cannot be 
21returned to the respondent because the respondent cannot be 
22located, fails to respond to requests to retrieve the 
23firearms, or is not lawfully eligible to possess a firearm, 
24ammunition, or firearm parts that could be assembled to make 
25an operable firearm, upon petition from the local law 
26enforcement agency, the court may order the local law 
 
 
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1enforcement agency to destroy the firearms, ammunition, and 
2firearm parts that could be assembled to make an operable 
3firearm, use the firearms, ammunition, and firearm parts that 
4could be assembled to make an operable firearm for training 
5purposes, or use the firearms, ammunition, and firearm parts 
6that could be assembled to make an operable firearm for any 
7other application as deemed appropriate by the local law 
8enforcement agency. 
9 (h-5) On or before January 1, 2022, a respondent whose 
10Firearm Owner's Identification Card has been revoked or 
11suspended may petition the court, if the petitioner is present 
12in court or has notice of the respondent's petition, to 
13transfer the respondent's firearm, ammunition, and firearm 
14parts that could be assembled to make an operable firearm to a 
15person who is lawfully able to possess the firearm, 
16ammunition, and firearm parts that could be assembled to make 
17an operable firearm if the person does not reside at the same 
18address as the respondent. Notice of the petition shall be 
19served upon the person protected by the emergency firearms 
20restraining order. While the order is in effect, the 
21transferee who receives the respondent's firearms, ammunition, 
22and firearm parts that could be assembled to make an operable 
23firearm must swear or affirm by affidavit that he or she shall 
24not transfer the firearm, ammunition, and firearm parts that 
25could be assembled to make an operable firearm to the 
26respondent or to anyone residing in the same residence as the 
 
 
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1respondent.
2 (h-6) If a person other than the respondent claims title 
3to any firearms, ammunition, and firearm parts that could be 
4assembled to make an operable firearm surrendered under this 
5Section, he or she may petition the court, if the petitioner is 
6present in court or has notice of the petition, to have the 
7firearm, ammunition, and firearm parts that could be assembled 
8to make an operable firearm returned to him or her. If the 
9court determines that person to be the lawful owner of the 
10firearm, ammunition, and firearm parts that could be assembled 
11to make an operable firearm, the firearm, ammunition, and 
12firearm parts that could be assembled to make an operable 
13firearm 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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1firearm, ammunition, and firearm parts that could be assembled 
2to make an operable firearm must swear or affirm by affidavit 
3that he or she: (i) is the lawful owner of the firearm, 
4ammunition, and firearm parts that could be assembled to make 
5an operable firearm; (ii) shall not transfer the firearm, 
6ammunition, and firearm parts that could be assembled to make 
7an operable firearm to the respondent; and (iii) will store 
8the firearm, ammunition, and firearm parts that could be 
9assembled to make an operable firearm in a manner that the 
10respondent does not have access to or control of the firearm, 
11ammunition, and firearm parts that could be assembled to make 
12an operable firearm. 
13 (i) In accordance with subsection (e) of this Section, the 
14court shall schedule a full hearing as soon as possible, but no 
15longer than 14 days from the issuance of an ex parte firearms 
16restraining order, to determine if a 6-month firearms 
17restraining order shall be issued. The court may extend an ex 
18parte order as needed, but not to exceed 14 days, to effectuate 
19service of the order or if necessary to continue protection. 
20The court may extend the order for a greater length of time by 
21mutual agreement of the parties. 
22(Source: P.A. 101-81, eff. 7-12-19; 102-237, eff. 1-1-22; 
23102-345, eff. 6-1-22; 102-538, eff. 8-20-21; 102-813, eff. 
245-13-22.)

25 (430 ILCS 67/40)
 
 
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1 Sec. 40. Plenary orders. 
2 (a) A petitioner may request a firearms restraining order 
3for up to one year by filing an affidavit or verified pleading 
4alleging that the respondent poses a significant danger of 
5causing personal injury to himself, herself, or another in the 
6near future by having in his or her custody or control, 
7purchasing, possessing, or receiving a firearm, ammunition, 
8and firearm parts that could be assembled to make an operable 
9firearm. The petition shall also describe the number, types, 
10and locations of any firearms, ammunition, and firearm parts 
11that could be assembled to make an operable firearm presently 
12believed by the petitioner to be possessed or controlled by 
13the respondent. The firearms restraining order may be renewed 
14for an additional period of up to one year in accordance with 
15Section 45 of this Act. 
16 (b) If the respondent is alleged to pose a significant 
17danger of causing personal injury to an intimate partner, or 
18an intimate partner is alleged to have been the target of a 
19threat or act of violence by the respondent, the petitioner 
20shall make a good faith effort to provide notice to any and all 
21intimate partners of the respondent. The notice must include 
22the duration of time that the petitioner intends to petition 
23the court for a firearms restraining order, and, if the 
24petitioner is a law enforcement officer, referral to relevant 
25domestic violence or stalking advocacy or counseling 
26resources, if appropriate. The petitioner shall attest to 
 
 
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1having provided the notice in the filed affidavit or verified 
2pleading. If, after making a good faith effort, the petitioner 
3is unable to provide notice to any or all intimate partners, 
4the affidavit or verified pleading should describe what 
5efforts were made.
6 (c) Every person who files a petition for a plenary 
7firearms restraining order, knowing the information provided 
8to the court at any hearing or in the affidavit or verified 
9pleading to be false, is guilty of perjury under Section 32-2 
10of the Criminal Code of 2012. 
11 (d) Upon receipt of a petition for a plenary firearms 
12restraining order, the court shall order a hearing within 30 
13days. 
14 (e) In determining whether to issue a firearms restraining 
15order under this Section, the court shall consider evidence 
16including, 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 
17of proving, by clear and convincing evidence, that the 
18respondent poses a significant danger of personal injury to 
19himself, herself, or another by having in his or her custody or 
20control, purchasing, possessing, or receiving a firearm, 
21ammunition, and firearm parts that could be assembled to make 
22an operable firearm.
23 (g) If the court finds that there is clear and convincing 
24evidence to issue a plenary firearms restraining order, the 
25court shall issue a firearms restraining order that shall be 
26in effect for up to one year, but not less than 6 months, 
 
 
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1subject to renewal under Section 45 of this Act or termination 
2under that Section. 
3 (g-5) If the court issues a plenary firearms restraining 
4order, it shall, upon a finding of probable cause that the 
5respondent possesses firearms, ammunition, and firearm parts 
6that could be assembled to make an operable firearm, issue a 
7search warrant directing a law enforcement agency to seize the 
8respondent's firearms, ammunition, and firearm parts that 
9could be assembled to make an operable firearm. The court may, 
10as part of that warrant, direct the law enforcement agency to 
11search the respondent's residence and other places where the 
12court finds there is probable cause to believe he or she is 
13likely to possess the firearms, ammunition, and firearm parts 
14that could be assembled to make an operable firearm. A return 
15of the search warrant shall be filed by the law enforcement 
16agency within 4 days thereafter, setting forth the time, date, 
17and location that the search warrant was executed and what 
18items, 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 
4this Section, upon expiration of the period of safekeeping, if 
5the firearms, ammunition, and firearm parts that could be 
6assembled to make an operable firearm or Firearm Owner's 
7Identification Card cannot be returned to the respondent 
8because the respondent cannot be located, fails to respond to 
9requests to retrieve the firearms, ammunition, and firearm 
10parts that could be assembled to make an operable firearm, or 
11is not lawfully eligible to possess a firearm, ammunition, and 
12firearm parts that could be assembled to make an operable 
13firearm, upon petition from the local law enforcement agency, 
14the court may order the local law enforcement agency to 
15destroy the firearms, ammunition, and firearm parts that could 
16be assembled to make an operable firearm, use the firearms, 
17ammunition, and firearm parts that could be assembled to make 
18an operable firearm for training purposes, or use the 
19firearms, ammunition, and firearm parts that could be 
20assembled to make an operable firearm for any other 
21application as deemed appropriate by the local law enforcement 
22agency.
23 (i-5) A respondent whose Firearm Owner's Identification 
24Card has been revoked or suspended may petition the court, if 
25the petitioner is present in court or has notice of the 
26respondent's petition, to transfer the respondent's firearm, 
 
 
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1ammunition, and firearm parts that could be assembled to make 
2an operable firearm to a person who is lawfully able to possess 
3the firearm, ammunition, and firearm parts that could be 
4assembled to make an operable firearm if the person does not 
5reside at the same address as the respondent. Notice of the 
6petition shall be served upon the person protected by the 
7emergency firearms restraining order. While the order is in 
8effect, the transferee who receives the respondent's firearms, 
9ammunition, and firearm parts that could be assembled to make 
10an operable firearm must swear or affirm by affidavit that he 
11or she shall not transfer the firearm, ammunition, and firearm 
12parts that could be assembled to make an operable firearm to 
13the respondent or to anyone residing in the same residence as 
14the respondent.
15 (i-6) If a person other than the respondent claims title 
16to any firearms, ammunition, and firearm parts that could be 
17assembled to make an operable firearm surrendered under this 
18Section, he or she may petition the court, if the petitioner is 
19present in court or has notice of the petition, to have the 
20firearm, ammunition, and firearm parts that could be assembled 
21to make an operable firearm returned to him or her. If the 
22court determines that person to be the lawful owner of the 
23firearm, ammunition, and firearm parts that could be assembled 
24to make an operable firearm, the firearm, ammunition, and 
25firearm parts that could be assembled to make an operable 
26firearm 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 
14firearm, ammunition, and firearm parts that could be assembled 
15to make an operable firearm must swear or affirm by affidavit 
16that he or she: (i) is the lawful owner of the firearm, 
17ammunition, and firearm parts that could be assembled to make 
18an operable firearm; (ii) shall not transfer the firearm, 
19ammunition, and firearm parts that could be assembled to make 
20an operable firearm to the respondent; and (iii) will store 
21the firearm, ammunition, and firearm parts that could be 
22assembled to make an operable firearm in a manner that the 
23respondent does not have access to or control of the firearm, 
24ammunition, and firearm parts that could be assembled to make 
25an operable firearm. 
26 (j) If the court does not issue a firearms restraining 
 
 
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1order at the hearing, the court shall dissolve any emergency 
2firearms restraining order then in effect.
3 (k) When the court issues a firearms restraining order 
4under this Section, the court shall inform the respondent that 
5he or she is entitled to one hearing during the period of the 
6order to request a termination of the order, under Section 45 
7of this Act, and shall provide the respondent with a form to 
8request a hearing. 
9(Source: P.A. 101-81, eff. 7-12-19; 102-237, eff. 1-1-22; 
10102-345, eff. 6-1-22; 102-538, eff. 8-20-21; 102-813, eff. 
115-13-22; 102-1116, eff. 1-10-23.)

12 Section 70. The Firearm Dealer License Certification Act 
13is 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 
175-15, the Illinois State Police may refuse to renew or 
18restore, or may reprimand, place on probation, suspend, 
19revoke, or take other disciplinary or non-disciplinary action 
20against any licensee, and may impose a fine commensurate with 
21the severity of the violation not to exceed $10,000 for each 
22violation for any of the following, consistent with the 
23Protection of Lawful Commerce in Arms Act, 15 U.S.C. 7901 
24through 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 
13within 90 days after the effective date of the final order 
14imposing the fine.
15(Source: P.A. 102-538, eff. 8-20-21.)

16 Section 75. The Wildlife Code is amended by changing 
17Sections 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 
20turkey, he shall first obtain a "Wild Turkey Hunting Permit" 
21in accordance with the prescribed regulations set forth in an 
22administrative rule of the Department. The fee for a Resident 
23Wild Turkey Hunting Permit shall not exceed $15.
24 Upon submitting suitable evidence of legal residence in 
 
 
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1any other state, non-residents shall be charged a fee not to 
2exceed $125 for wild turkey hunting permits.
3 The Department may by administrative rule allocate and 
4issue non-resident Wild Turkey Permits and establish fees for 
5such permits.
6 It shall be unlawful to take wild turkey except by use of a 
7bow and arrow or a shotgun of not larger than 10 gauge nor 
8smaller than .410 bore. The Department may by administrative 
9rule restrict shot size, material, or density. No person while 
10attempting to so take wild turkey may have in his possession 
11any other gun unless in accordance with the Firearm Concealed 
12Carry Act.
13 It shall be unlawful to take, or attempt to take wild 
14turkey except during the time from 1/2 hour before sunrise to 
151/2 hour after sunset or during such lesser period of time as 
16may be specified by administrative rule, during those days for 
17which an open season is established.
18 It shall be unlawful for any person to take, or attempt to 
19take, wild turkey by use of dogs, horses, automobiles, 
20aircraft or other vehicles, or conveyances, or by the use or 
21aid of bait or baiting of any kind. For the purposes of this 
22Section, "bait" means any material, whether liquid or solid, 
23including food, salt, minerals, and other products, except 
24pure water, that can be ingested, placed, or scattered in such 
25a manner as to attract or lure wild turkeys. "Baiting" means 
26the placement or scattering of bait to attract wild turkeys. 
 
 
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1An area is considered as baited during the presence of and for 
210 consecutive days following the removal of the bait. 
3 It is unlawful for any person to take in Illinois or have 
4in his possession more than one wild turkey per valid permit.
5 For the purposes of calculating acreage under this 
6Section, the Department shall, after determining the total 
7acreage of the applicable tract or tracts of land, round 
8remaining fractional portions of an acre greater than or equal 
9to half of an acre up to the next whole acre. 
10 For the purposes of taking wild turkey, nothing in this 
11Section shall be construed to prevent the manipulation, 
12including mowing or cutting, of standing crops as a normal 
13agricultural or soil stabilization practice, food plots, or 
14normal agricultural practices, including planting, harvesting, 
15and maintenance such as cultivating. Such manipulation for the 
16purpose of taking wild turkey may be further modified by 
17administrative 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 
21take deer shall first obtain a "Deer Hunting Permit" issued by 
22the Department in accordance with its administrative rules. 
23Those rules must provide for the issuance of the following 
24types of resident deer archery permits: (i) a combination 
25permit, consisting of one either-sex permit and one 
 
 
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1antlerless-only permit, (ii) a single antlerless-only permit, 
2and (iii) a single either-sex permit. The fee for a Deer 
3Hunting Permit to take deer with either bow and arrow or gun 
4shall not exceed $25 for residents of the State. The 
5Department may by administrative rule provide for non-resident 
6deer hunting permits for which the fee will not exceed $300 in 
72005, $350 in 2006, and $400 in 2007 and thereafter except as 
8provided below for non-resident landowners and non-resident 
9archery hunters. The Department may by administrative rule 
10provide for a non-resident archery deer permit consisting of 
11not more than 2 harvest tags at a total cost not to exceed $325 
12in 2005, $375 in 2006, and $425 in 2007 and thereafter. The 
13fees for a youth resident and non-resident archery deer permit 
14shall be the same. 
15 The Department shall create a pilot program during the 
16special 3-day, youth-only deer hunting season to allow for 
17youth deer hunting permits that are valid statewide, excluding 
18those counties or portions of counties closed to firearm deer 
19hunting. The Department shall adopt rules to implement the 
20pilot program. Nothing in this paragraph shall be construed to 
21prohibit the Department from issuing Special Hunt Area Permits 
22for the youth-only deer hunting season or establishing, 
23through administrative rule, additional requirements 
24pertaining to the youth-only deer hunting season on 
25Department-owned or Department-managed sites, including 
26site-specific quotas or drawings. The provisions of this 
 
 
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1paragraph are inoperative on and after January 1, 2023.
2 The standards and specifications for use of guns and bow 
3and arrow for deer hunting shall be established by 
4administrative rule.
5 No person may have in his or her possession any firearm not 
6authorized by administrative rule for a specific hunting 
7season when taking deer unless in accordance with the Firearm 
8Concealed Carry Act.
9 Persons having a firearm deer hunting permit shall be 
10permitted to take deer only during the period from 1/2 hour 
11before sunrise to 1/2 hour after sunset, and only during those 
12days for which an open season is established for the taking of 
13deer by use of shotgun, handgun, rifle, or muzzle loading 
14rifle.
15 Persons having an archery deer hunting permit shall be 
16permitted to take deer only during the period from 1/2 hour 
17before sunrise to 1/2 hour after sunset, and only during those 
18days for which an open season is established for the taking of 
19deer by use of bow and arrow.
20 It shall be unlawful for any person to take deer by use of 
21dogs, horses, automobiles, aircraft, or other vehicles, or by 
22the use or aid of bait or baiting of any kind. For the purposes 
23of this Section, "bait" means any material, whether liquid or 
24solid, including food, salt, minerals, and other products, 
25except pure water, that can be ingested, placed, or scattered 
26in 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 
2deer. An area is considered as baited during the presence of 
3and for 10 consecutive days following the removal of bait. 
4Nothing in this Section shall prohibit the use of a dog to 
5track wounded deer. Any person using a dog for tracking 
6wounded deer must maintain physical control of the dog at all 
7times by means of a maximum 50-foot 50 foot lead attached to 
8the dog's collar or harness. Tracking wounded deer is 
9permissible at night, but at no time outside of legal deer 
10hunting hours or seasons shall any person handling or 
11accompanying a dog being used for tracking wounded deer be in 
12possession of any firearm or archery device. Persons tracking 
13wounded deer with a dog during the firearm deer seasons shall 
14wear blaze orange or solid blaze pink color as required. Dog 
15handlers tracking wounded deer with a dog are exempt from 
16hunting license and deer permit requirements so long as they 
17are accompanied by the licensed deer hunter who wounded the 
18deer.
19 It shall be unlawful to possess or transport any wild deer 
20which has been injured or killed in any manner upon a public 
21highway or public right-of-way of this State unless exempted 
22by administrative rule.
23 Persons hunting deer must have the gun unloaded and no bow 
24and arrow device shall be carried with the arrow in the nocked 
25position during hours when deer hunting is unlawful.
26 It shall be unlawful for any person, having taken the 
 
 
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1legal limit of deer by gun, to further participate with a gun 
2in any deer hunting party.
3 It shall be unlawful for any person, having taken the 
4legal limit of deer by bow and arrow, to further participate 
5with bow and arrow in any deer hunting party.
6 The Department may prohibit upland game hunting during the 
7gun deer season by administrative rule.
8 The Department shall not limit the number of non-resident, 
9either-sex archery deer hunting permits to less than 20,000. 
10 Any person who violates any of the provisions of this 
11Section, including administrative rules, shall be guilty of a 
12Class B misdemeanor.
13 For the purposes of calculating acreage under this 
14Section, the Department shall, after determining the total 
15acreage of the applicable tract or tracts of land, round 
16remaining fractional portions of an acre greater than or equal 
17to half of an acre up to the next whole acre. 
18 For the purposes of taking white-tailed deer, nothing in 
19this Section shall be construed to prevent the manipulation, 
20including mowing or cutting, of standing crops as a normal 
21agricultural or soil stabilization practice, food plots, or 
22normal agricultural practices, including planting, harvesting, 
23and maintenance such as cultivating or the use of products 
24designed for scent only and not capable of ingestion, solid or 
25liquid, placed or scattered, in such a manner as to attract or 
26lure deer. Such manipulation for the purpose of taking 
 
 
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1white-tailed deer may be further modified by administrative 
2rule. 
3(Source: P.A. 101-81, eff. 7-12-19; 101-444, eff. 6-1-20; 
4102-237, 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 
8refuge unless otherwise permitted by administrative rule.
9 (b) It is unlawful to use or possess any snare or 
10snare-like device, deadfall, net, or pit trap to take any 
11species, except that snares not powered by springs or other 
12mechanical devices may be used to trap fur-bearing mammals, in 
13water sets only, if at least one-half of the snare noose is 
14located underwater at all times.
15 (c) It is unlawful for any person at any time to take a 
16wild mammal protected by this Act from its den by means of any 
17mechanical device, spade, or digging device or to use smoke or 
18other gases to dislodge or remove such mammal except as 
19provided in Section 2.37.
20 (d) It is unlawful to use a ferret or any other small 
21mammal which is used in the same or similar manner for which 
22ferrets are used for the purpose of frightening or driving any 
23mammals 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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1device to take any species protected by this Act.
2 (g) It is unlawful to use poisons, chemicals, or 
3explosives for the purpose of taking any species protected by 
4this Act.
5 (h) It is unlawful to hunt adjacent to or near any peat, 
6grass, brush, or other inflammable substance when it is 
7burning.
8 (i) It is unlawful to take, pursue or intentionally harass 
9or disturb in any manner any wild birds or mammals by use or 
10aid of any vehicle, conveyance, or unmanned aircraft as 
11defined by the Illinois Aeronautics Act, except as permitted 
12by the Code of Federal Regulations for the taking of 
13waterfowl; except that nothing in this subsection shall 
14prohibit the use of unmanned aircraft in the inspection of a 
15public utility facility, tower, or structure or a mobile 
16service facility, tower, or structure by a public utility, as 
17defined in Section 3-105 of the Public Utilities Act, or a 
18provider of mobile services as defined in Section 153 of Title 
1947 of the United States Code. It is also unlawful to use the 
20lights of any vehicle or conveyance, any light connected to 
21any vehicle or conveyance, or any other lighting device or 
22mechanism from inside or on a vehicle or conveyance in any area 
23where wildlife may be found except in accordance with Section 
242.37 of this Act; however, nothing in this Section shall 
25prohibit the normal use of headlamps for the purpose of 
26driving upon a roadway. For purposes of this Section, any 
 
 
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1other lighting device or mechanism shall include, but not be 
2limited to, any device that uses infrared or other light not 
3visible to the naked eye, electronic image intensification, 
4active illumination, thermal imaging, or night vision. Striped 
5skunk, opossum, red fox, gray fox, raccoon, bobcat, and coyote 
6may be taken during the open season by use of a small light 
7which is worn on the body or hand-held by a person on foot and 
8not in any vehicle.
9 (j) It is unlawful to use any shotgun larger than 10 gauge 
10while taking or attempting to take any of the species 
11protected by this Act.
12 (k) It is unlawful to use or possess in the field any 
13shotgun shell loaded with a shot size larger than lead BB or 
14steel T (.20 diameter) when taking or attempting to take any 
15species of wild game mammals (excluding white-tailed deer), 
16wild game birds, migratory waterfowl or migratory game birds 
17protected by this Act, except white-tailed deer as provided 
18for in Section 2.26 and other species as provided for by 
19subsection (l) or administrative rule.
20 (l) It is unlawful to take any species of wild game, except 
21white-tailed deer and fur-bearing mammals, with a shotgun 
22loaded with slugs unless otherwise provided for by 
23administrative rule.
24 (m) It is unlawful to use any shotgun capable of holding 
25more than 3 shells in the magazine or chamber combined, except 
26on game breeding and hunting preserve areas licensed under 
 
 
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1Section 3.27 and except as permitted by the Code of Federal 
2Regulations for the taking of waterfowl. If the shotgun is 
3capable of holding more than 3 shells, it shall, while being 
4used on an area other than a game breeding and shooting 
5preserve area licensed pursuant to Section 3.27, be fitted 
6with a one-piece plug that is irremovable without dismantling 
7the shotgun or otherwise altered to render it incapable of 
8holding more than 3 shells in the magazine and chamber, 
9combined.
10 (n) It is unlawful for any person, except persons who 
11possess a permit to hunt from a vehicle as provided in this 
12Section and persons otherwise permitted by law, to have or 
13carry any gun in or on any vehicle, conveyance, or aircraft, 
14unless such gun is unloaded and enclosed in a case, except that 
15at field trials authorized by Section 2.34 of this Act, 
16unloaded guns or guns loaded with blank cartridges only may be 
17carried on horseback while not contained in a case, or to have 
18or carry any bow or arrow device in or on any vehicle unless 
19such bow or arrow device is unstrung or enclosed in a case, or 
20otherwise made inoperable unless in accordance with the 
21Firearm Concealed Carry Act.
22 (o) (Blank).
23 (p) It is unlawful to take game birds, migratory game 
24birds or migratory waterfowl with a rifle, pistol, revolver, 
25or air rifle.
26 (q) It is unlawful to fire a rifle, pistol, revolver, or 
 
 
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1air rifle on, over, or into any waters of this State, including 
2frozen waters.
3 (r) It is unlawful to discharge any gun or bow and arrow 
4device along, upon, across, or from any public right-of-way or 
5highway in this State.
6 (s) It is unlawful to use a silencer or other device to 
7muffle or mute the sound of the explosion or report resulting 
8from the firing of any gun.
9 (t) It is unlawful for any person to take or attempt to 
10take any species of wildlife or parts thereof, or allow a dog 
11to hunt, within or upon the land of another, or upon waters 
12flowing over or standing on the land of another, or to 
13knowingly shoot a gun or bow and arrow device at any wildlife 
14physically on or flying over the property of another without 
15first obtaining permission from the owner or the owner's 
16designee. For the purposes of this Section, the owner's 
17designee means anyone who the owner designates in a written 
18authorization and the authorization must contain (i) the legal 
19or common description of property for which such authority is 
20given, (ii) the extent that the owner's designee is authorized 
21to make decisions regarding who is allowed to take or attempt 
22to take any species of wildlife or parts thereof, and (iii) the 
23owner's notarized signature. Before enforcing this Section, 
24the law enforcement officer must have received notice from the 
25owner or the owner's designee of a violation of this Section. 
26Statements made to the law enforcement officer regarding this 
 
 
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1notice shall not be rendered inadmissible by the hearsay rule 
2when offered for the purpose of showing the required notice.
3 (u) It is unlawful for any person to discharge any firearm 
4for the purpose of taking any of the species protected by this 
5Act, or hunt with gun or dog, or allow a dog to hunt, within 
6300 yards of an inhabited dwelling without first obtaining 
7permission from the owner or tenant, except that while 
8trapping, hunting with bow and arrow, hunting with dog and 
9shotgun using shot shells only, or hunting with shotgun using 
10shot shells only, or providing outfitting services under a 
11waterfowl outfitter permit, or on licensed game breeding and 
12hunting preserve areas, as defined in Section 3.27, on 
13federally owned and managed lands and on Department owned, 
14managed, leased, or controlled lands, a 100 yard restriction 
15shall apply.
16 (v) It is unlawful for any person to remove fur-bearing 
17mammals from, or to move or disturb in any manner, the traps 
18owned by another person without written authorization of the 
19owner to do so.
20 (w) It is unlawful for any owner of a dog to allow his or 
21her dog to pursue, harass, or kill deer, except that nothing in 
22this Section shall prohibit the tracking of wounded deer with 
23a dog in accordance with the provisions of Section 2.26 of this 
24Code.
25 (x) It is unlawful for any person to wantonly or 
26carelessly injure or destroy, in any manner whatsoever, any 
 
 
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1real or personal property on the land of another while engaged 
2in hunting or trapping thereon.
3 (y) It is unlawful to hunt wild game protected by this Act 
4between one-half hour after sunset and one-half hour before 
5sunrise, except that hunting hours between one-half hour after 
6sunset and one-half hour before sunrise may be established by 
7administrative rule for fur-bearing mammals.
8 (z) It is unlawful to take any game bird (excluding wild 
9turkeys and crippled pheasants not capable of normal flight 
10and otherwise irretrievable) protected by this Act when not 
11flying. Nothing in this Section shall prohibit a person from 
12carrying an uncased, unloaded shotgun in a boat, while in 
13pursuit of a crippled migratory waterfowl that is incapable of 
14normal flight, for the purpose of attempting to reduce the 
15migratory waterfowl to possession, provided that the attempt 
16is made immediately upon downing the migratory waterfowl and 
17is done within 400 yards of the blind from which the migratory 
18waterfowl was downed. This exception shall apply only to 
19migratory game birds that are not capable of normal flight. 
20Migratory waterfowl that are crippled may be taken only with a 
21shotgun as regulated by subsection (j) of this Section using 
22shotgun shells as regulated in subsection (k) of this Section.
23 (aa) It is unlawful to use or possess any device that may 
24be used for tree climbing or cutting while hunting fur-bearing 
25mammals, excluding coyotes. However, coyotes may not be hunted 
26utilizing these devices during open season for deer except by 
 
 
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1properly licensed deer hunters.
2 (bb) It is unlawful for any person, except licensed game 
3breeders, pursuant to Section 2.29 to import, carry into, or 
4possess alive in this State any species of wildlife taken 
5outside of this State, without obtaining permission to do so 
6from the Director.
7 (cc) It is unlawful for any person to have in his or her 
8possession any freshly killed species protected by this Act 
9during the season closed for taking.
10 (dd) It is unlawful to take any species protected by this 
11Act and retain it alive except as provided by administrative 
12rule.
13 (ee) It is unlawful to possess any rifle while in the field 
14during gun deer season except as provided in Sections 2.25 and 
152.26 and administrative rules.
16 (ff) It is unlawful for any person to take any species 
17protected by this Act, except migratory waterfowl, during the 
18gun deer hunting season in those counties open to gun deer 
19hunting, unless he or she wears, when in the field, a cap and 
20upper outer garment of a solid blaze orange color or solid 
21blaze pink color, with such articles of clothing displaying a 
22minimum of 400 square inches of blaze orange or solid blaze 
23pink color material.
24 (gg) It is unlawful during the upland game season for any 
25person to take upland game with a firearm unless he or she 
26wears, while in the field, a cap of solid blaze orange color or 
 
 
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1solid blaze pink color. For purposes of this Act, upland game 
2is defined as Bobwhite Quail, Hungarian Partridge, Ring-necked 
3Pheasant, Eastern Cottontail, and Swamp Rabbit.
4 (hh) It shall be unlawful to kill or cripple any species 
5protected by this Act for which there is a bag limit without 
6making a reasonable effort to retrieve such species and 
7include such in the bag limit. It shall be unlawful for any 
8person having control over harvested game mammals, game birds, 
9or migratory game birds for which there is a bag limit to 
10wantonly waste or destroy the usable meat of the game, except 
11this shall not apply to wildlife taken under Sections 2.37 or 
123.22 of this Code. For purposes of this subsection, "usable 
13meat" means the breast meat of a game bird or migratory game 
14bird and the hind ham and front shoulders of a game mammal. It 
15shall be unlawful for any person to place, leave, dump, or 
16abandon a wildlife carcass or parts of it along or upon a 
17public right-of-way or highway or on public or private 
18property, including a waterway or stream, without the 
19permission of the owner or tenant. It shall not be unlawful to 
20discard game meat that is determined to be unfit for human 
21consumption.
22 (ii) This Section shall apply only to those species 
23protected by this Act taken within the State. Any species or 
24any parts thereof, legally taken in and transported from other 
25states or countries, may be possessed within the State, except 
26as 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 
3Director from issuing permits to paraplegics or to other 
4persons with disabilities who meet the requirements set forth 
5in administrative rule to shoot or hunt from a vehicle as 
6provided by that rule, provided that such is otherwise in 
7accord with this Act.
8 (ll) Nothing contained in this Act shall prohibit the 
9taking of aquatic life protected by the Fish and Aquatic Life 
10Code or birds and mammals protected by this Act, except deer 
11and fur-bearing mammals, from a boat not camouflaged or 
12disguised to alter its identity or to further provide a place 
13of concealment and not propelled by sail or mechanical power. 
14However, only shotguns not larger than 10 gauge nor smaller 
15than .410 bore loaded with not more than 3 shells of a shot 
16size no larger than lead BB or steel T (.20 diameter) may be 
17used to take species protected by this Act.
18 (mm) Nothing contained in this Act shall prohibit the use 
19of a shotgun, not larger than 10 gauge nor smaller than a 20 
20gauge, with a rifled barrel.
21 (nn) It shall be unlawful to possess any species of 
22wildlife or wildlife parts taken unlawfully in Illinois, any 
23other state, or any other country, whether or not the wildlife 
24or wildlife parts are indigenous to Illinois. For the purposes 
25of this subsection, the statute of limitations for unlawful 
26possession of wildlife or wildlife parts shall not cease until 
 
 
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12 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; 
9102-932, 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 
13accordance with the provisions of this Act.
14 (b) During the periods of time when it is unlawful to take 
15species protected by this Act, the only firearms which shall 
16be used in the training of dogs from sunrise to sunset shall be 
17pistols with blank cartridges. No other gun or ammunition may 
18be in immediate possession during this time. No person or 
19persons in, along with, or accompanying the dog training 
20party, shall be in possession of any firearm or live 
21ammunition, except pistols capable of firing only blank 
22cartridges during the hours from sunset to sunrise. All 
23organized field trials or training grounds approved by the 
24Department shall be exempt from this provision unless in 
25accordance with the Firearm Concealed Carry Act.
 
 
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1 (c) No field trial shall be held without a permit from the 
2Department.
3 The following Department areas shall be designated as 
4horseback field trial sites; Lee County Conservation Area, Des 
5Plaines Conservation Area, Moraine View State Park, Middle 
6Fork Fish and Wildlife Area, Hamilton County Conservation 
7Area, and Wayne Fitzgerrell State Park. The Department shall 
8provide and maintain quality wildlife habitat on these sites.
9 Field trials shall be scheduled only from September 1 
10through April 30 in the Northern Zone and September 1 through 
11April 15 in the Southern Zone. The Department maintains the 
12authority to schedule and administer field trials. The 
13boundary between the Northern Zone and the Southern Zone shall 
14be U.S. Route 36. However, (i) if the opening date of the field 
15trial season falls on Sunday, the season will begin on 
16Saturday of that weekend; and (ii) if the closing date of the 
17field trial season falls on Saturday, the season will conclude 
18on Sunday of that weekend; and (iii) if during the final days 
19of the field trial season a field trial organization begins a 
20field trial which is subsequently interrupted due to inclement 
21weather, the field trial organization may complete the trial, 
22subject to the Department's approval, even though the field 
23trial season has ended. The field trial organization must 
24complete the trial on the first possible day or days. Field 
25trials for the retrieving breeds are exempt from these field 
26trials season provisions and shall have no closed season.
 
 
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1 The fee for field trials shall be established by the 
2Department by rule.
3 (d) The Department is authorized to designate dog training 
4areas and to grant permits for all field trials including 
5those field trials where game birds reared under Section 3.23 
6are released and taken in accordance with the rules and 
7regulations set forth by the Department. Applications for 
8permits for such trials and training areas shall be 
9accompanied by detailed information as to the date and the 
10location of the grounds where such trial area or training 
11grounds is located. Applicants for field trial or dog training 
12permits must have the consent of the landowner prior to 
13applying for such permit. Fees and other regulations will be 
14set by administrative rule.
15 (e) All permits for designated dog training areas shall 
16expire March 31st of each year.
17 (f) Permit holders for designated dog training areas must 
18possess a wild game breeder's permit or a game breeding and 
19hunting preserve area permit and may utilize live bird recall 
20devices on such areas.
21 (g) Nothing shall prevent an individual from using a dog 
22in the taking of squirrel during the open season.
23 (h) All hand reared game released and shot at field trials 
24shall be properly identified with tags as provided for by this 
25Act and such birds shall be banded before they are removed from 
26the 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 
3changing Sections 24-1, 24-1.6, 24-1.9, 24-1.10, 24-2, and 
424-3 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 
8weapons 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 
19subsection 24-1(a)(1) through (5), subsection 24-1(a)(10), 
20subsection 24-1(a)(11), subsection 24-1(a)(13), or 24-1(a)(15) 
21commits a Class A misdemeanor. A person convicted of a 
22violation of subsection 24-1(a)(8) or 24-1(a)(9) commits a 
23Class 4 felony; a person convicted of a violation of 
24subsection 24-1(a)(6), 24-1(a)(7)(ii), 24-1(a)(7)(iii), or 
2524-1(a)(16) commits a Class 3 felony. A person convicted of a 
26violation of subsection 24-1(a)(7)(i) commits a Class 2 felony 
 
 
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1and shall be sentenced to a term of imprisonment of not less 
2than 3 years and not more than 7 years, unless the weapon is 
3possessed in the passenger compartment of a motor vehicle as 
4defined in Section 1-146 of the Illinois Vehicle Code, or on 
5the person, while the weapon is loaded, in which case it shall 
6be a Class X felony. A person convicted of a second or 
7subsequent violation of subsection 24-1(a)(4), 24-1(a)(8), 
824-1(a)(9), 24-1(a)(10), or 24-1(a)(15) commits a Class 3 
9felony. A person convicted of a violation of subsection 
1024-1(a)(2.5) or 24-1(a)(14) commits a Class 2 felony. The 
11possession of each weapon or device in violation of this 
12Section 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 
3omnibus of any weapon, instrument or substance referred to in 
4subsection (a)(7) is prima facie evidence that it is in the 
5possession of, and is being carried by, all persons occupying 
6such automobile at the time such weapon, instrument or 
7substance is found, except under the following circumstances: 
8(i) if such weapon, instrument or instrumentality is found 
9upon the person of one of the occupants therein; or (ii) if 
10such weapon, instrument or substance is found in an automobile 
11operated for hire by a duly licensed driver in the due, lawful 
12and proper pursuit of his or her trade, then such presumption 
13shall 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; 
5103-822, 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 
9possession 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 
 
 
HB1034- 142 -LRB104 03480 RLC 13503 b


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 
 
 
HB1034- 144 -LRB104 03480 RLC 13503 b


1given to it in Section 13.1 of the Firearm Owners 
2Identification Card Section 5 of the Firearm Concealed Carry 
3Act. 
4 (b) "Stun gun or taser" as used in this Section has the 
5same definition given to it in Section 24-1 of this Code.
6 (c) This Section does not apply to or affect the 
7transportation 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 
18Section 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 
22purchase of assault weapons, .50 caliber rifles, and .50 
23caliber cartridges.
24 (a) Definitions. In this Section:
25 (1) "Assault weapon" means any of the following, except as 
 
 
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1provided 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.
 
 
HB1034- 147 -LRB104 03480 RLC 13503 b


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;
 
 
HB1034- 148 -LRB104 03480 RLC 13503 b


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. 
 
 
HB1034- 149 -LRB104 03480 RLC 13503 b


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 
20of being attached to a firearm that is specifically designed 
21for making or converting a firearm into any of the firearms 
22listed in paragraph (1) of this subsection (a).
23 (4) "Antique firearm" has the meaning ascribed to it in 18 
24U.S.C. 921(a)(16).
25 (5) ".50 caliber rifle" means a centerfire rifle capable 
26of firing a .50 caliber cartridge. The term does not include 
 
 
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1any antique firearm, any shotgun including a shotgun that has 
2a rifle barrel, or any muzzle-loader which uses black powder 
3for hunting or historical reenactments.
4 (6) ".50 caliber cartridge" means a cartridge in .50 BMG 
5caliber, either by designation or actual measurement, that is 
6capable of being fired from a centerfire rifle. The term ".50 
7caliber cartridge" does not include any memorabilia or display 
8item that is filled with a permanent inert substance or that is 
9otherwise permanently altered in a manner that prevents ready 
10modification for use as live ammunition or shotgun ammunition 
11with a caliber measurement that is equal to or greater than .50 
12caliber.
13 (7) "Detachable magazine" means an ammunition feeding 
14device that may be removed from a firearm without disassembly 
15of the firearm action, including an ammunition feeding device 
16that may be readily removed from a firearm with the use of a 
17bullet, cartridge, accessory, or other tool, or any other 
18object that functions as a tool, including a bullet or 
19cartridge.
20 (8) "Fixed magazine" means an ammunition feeding device 
21that is permanently attached to a firearm, or contained in and 
22not removable from a firearm, or that is otherwise not a 
23detachable magazine, but does not include an attached tubular 
24device 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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1on or after January 10, 2023 (the effective date of Public Act 
2102-1116), it is unlawful for any person within this State to 
3knowingly manufacture, deliver, sell, import, or purchase or 
4cause to be manufactured, delivered, sold, imported, or 
5purchased by another, an assault weapon, assault weapon 
6attachment, .50 caliber rifle, or .50 caliber cartridge.
7 (c) Except as otherwise provided in subsection (d), 
8beginning January 1, 2024, it is unlawful for any person 
9within this State to knowingly possess an assault weapon, 
10assault weapon attachment, .50 caliber rifle, or .50 caliber 
11cartridge. 
12 (d) This Section does not apply to a person's possession 
13of an assault weapon, assault weapon attachment, .50 caliber 
14rifle, or .50 caliber cartridge device if the person lawfully 
15possessed that assault weapon, assault weapon attachment, .50 
16caliber rifle, or .50 caliber cartridge prohibited by 
17subsection (c) of this Section, if the person has provided in 
18an endorsement affidavit, prior to January 1, 2024, under oath 
19or affirmation and in the form and manner prescribed by the 
20Illinois 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 
7printed in bold type: "Warning: Entering false information on 
8this form is punishable as perjury under Section 32-2 of the 
9Criminal Code of 2012. Entering false information on this form 
10is a violation of the Firearm Owners Identification Card Act."
11 In any administrative, civil, or criminal proceeding in 
12this State, a completed endorsement affidavit submitted to the 
13Illinois State Police by a person under this Section creates a 
14rebuttable presumption that the person is entitled to possess 
15and 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 
18date of Public Act 102-1116), a person authorized under this 
19Section to possess an assault weapon, assault weapon 
20attachment, .50 caliber rifle, or .50 caliber cartridge shall 
21possess 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 
14endorsement for an assault weapon, assault weapon attachment, 
15.50 caliber rifle, or .50 caliber cartridge or a person 
16authorized 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 
19assault weapon, assault weapon attachment, .50 caliber rifle, 
20or .50 caliber cartridge only to an heir, an individual 
21residing in another state maintaining it in another state, or 
22a dealer licensed as a federal firearms dealer under Section 
23923 of the federal Gun Control Act of 1968. Within 10 days 
24after transfer of the weapon except to an heir, the person 
25shall notify the Illinois State Police of the name and address 
26of the transferee and comply with the requirements of 
 
 
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1subsection (b) of Section 3 of the Firearm Owners 
2Identification Card Act. The person to whom the weapon or 
3ammunition is transferred shall, within 60 days of the 
4transfer, complete an affidavit required under this Section. A 
5person to whom the weapon is transferred may transfer it only 
6as provided in this subsection.
7 Except as provided in subsection (e) and beginning on 
8January 1, 2024, any person who moves into this State in 
9possession of an assault weapon, assault weapon attachment, 
10.50 caliber rifle, or .50 caliber cartridge shall, within 60 
11days, apply for a Firearm Owners Identification Card and 
12complete an endorsement application as outlined in subsection 
13(d).
14 Notwithstanding any other law, information contained in 
15the endorsement affidavit shall be confidential, is exempt 
16from disclosure under the Freedom of Information Act, and 
17shall not be disclosed, except to law enforcement agencies 
18acting in the performance of their duties. 
19 (e) The provisions of this Section regarding the purchase 
20or possession of assault weapons, assault weapon attachments, 
21.50 caliber rifles, and .50 cartridges, as well as the 
22provisions of this Section that prohibit causing those items 
23to 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 
9manufacture, delivery, sale, import, purchase, or possession 
10of an assault weapon, assault weapon attachment, .50 caliber 
11rifle, or .50 caliber cartridge or causing the manufacture, 
12delivery, sale, importation, purchase, or possession of those 
13items:
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 
22following: 
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 
 
 
HB1034- 166 -LRB104 03480 RLC 13503 b


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 
11endorsement affidavit if the person chooses. 
12 (f) Any sale or transfer with a background check initiated 
13to the Illinois State Police on or before January 10, 2023 (the 
14effective date of Public Act 102-1116) is allowed to be 
15completed after January 10, 2023 once an approval is issued by 
16the Illinois State Police and any applicable waiting period 
17under Section 24-3 has expired.
18 (g) The Illinois State Police shall take all steps 
19necessary to carry out the requirements of this Section by 
20October 1, 2023. 
21 (h) The Illinois State Police shall also develop and 
22implement a public notice and public outreach campaign to 
23promote awareness about the provisions of Public Act 102-1116 
24and to increase compliance with this Section. 
25(Source: P.A. 102-1116, eff. 1-10-23; 103-605, eff. 7-1-24.)

 
 
HB1034- 167 -LRB104 03480 RLC 13503 b


1 (720 ILCS 5/24-1.10)
2 Sec. 24-1.10. Manufacture, delivery, sale, and possession 
3of large capacity ammunition feeding devices.
4 (a) In this Section:
5 "Handgun" has the meaning ascribed to it in Section 13.1 
6of the Firearm Owners Identification Card Act the Firearm 
7Concealed 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 
18include an attached tubular device designed to accept, and 
19capable of operating only with, .22 caliber rimfire 
20ammunition. "Large capacity ammunition feeding device" does 
21not include a tubular magazine that is contained in a 
22lever-action firearm or any device that has been made 
23permanently inoperable.
24 (b) Except as provided in subsections (e) and (f), it is 
25unlawful for any person within this State to knowingly 
26manufacture, deliver, sell, purchase, or cause to be 
 
 
HB1034- 168 -LRB104 03480 RLC 13503 b


1manufactured, delivered, sold, or purchased a large capacity 
2ammunition feeding device.
3 (c) Except as provided in subsections (d), (e), and (f), 
4and beginning 90 days after January 10, 2023 (the effective 
5date of Public Act 102-1116), it is unlawful to knowingly 
6possess a large capacity ammunition feeding device. 
7 (d) Subsection (c) does not apply to a person's possession 
8of a large capacity ammunition feeding device if the person 
9lawfully possessed that large capacity ammunition feeding 
10device before January 10, 2023 (the effective date of Public 
11Act 102-1116), provided that the person shall possess such 
12device 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. 
 
 
HB1034- 169 -LRB104 03480 RLC 13503 b


1 A person authorized under this Section to possess a large 
2capacity ammunition feeding device may transfer the large 
3capacity ammunition feeding device only to an heir, an 
4individual residing in another state maintaining it in another 
5state, or a dealer licensed as a federal firearms dealer under 
6Section 923 of the federal Gun Control Act of 1968. Within 10 
7days after transfer of the large capacity ammunition feeding 
8device except to an heir, the person shall notify the Illinois 
9State Police of the name and address of the transferee and 
10comply with the requirements of subsection (b) of Section 3 of 
11the Firearm Owners Identification Card Act. The person to whom 
12the large capacity ammunition feeding device is transferred 
13shall, within 60 days of the transfer, notify the Illinois 
14State Police of the person's acquisition and comply with the 
15requirements of subsection (b) of Section 3 of the Firearm 
16Owners Identification Card Act. A person to whom the large 
17capacity ammunition feeding device is transferred may transfer 
18it only as provided in this subsection.
19 Except as provided in subsections (e) and (f) and 
20beginning 90 days after January 10, 2023 (the effective date 
21of Public Act 102-1116), any person who moves into this State 
22in possession of a large capacity ammunition feeding device 
23shall, within 60 days, apply for a Firearm Owners 
24Identification Card.
25 (e) The provisions of this Section regarding the purchase 
26or possession of large capacity ammunition feeding devices, as 
 
 
HB1034- 170 -LRB104 03480 RLC 13503 b


1well as the provisions of this Section that prohibit causing 
2those 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 
13following: 
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, 
7delivers, sells, purchases, possesses, or causes to be 
8manufactured, delivered, sold, possessed, or purchased in 
9violation of this Section a large capacity ammunition feeding 
10device capable of holding more than 10 rounds of ammunition 
11for long guns or more than 15 rounds of ammunition for handguns 
12commits a petty offense with a fine of $1,000 for each 
13violation.
14 (h) The Illinois State Police shall also develop and 
15implement a public notice and public outreach campaign to 
16promote awareness about the provisions of Public Act 102-1116 
17and 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 
2224-1(a)(13) and Section 24-1.6 do not apply to or affect any of 
23the 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 
1624-1.6 do not apply to or affect any person carrying a 
17concealed pistol, revolver, or handgun and the person has been 
18issued a currently valid Firearm Owner's Identification Card 
19under the Firearm Owners Identification Card license under the 
20Firearm Concealed Carry Act at the time of the commission of 
21the offense.
22 (a-6) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply 
23to or affect a qualified current or retired law enforcement 
24officer or a current or retired deputy, county correctional 
25officer, or correctional officer of the Department of 
26Corrections qualified under the laws of this State or under 
 
 
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1the federal Law Enforcement Officers Safety Act. 
2 (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section 
324-1.6 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 
22of 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, 
6possession or carrying of a black-jack or slung-shot by a 
7peace officer.
8 (e) Subsection 24-1(a)(8) does not apply to any owner, 
9manager, or authorized employee of any place specified in that 
10subsection nor to any law enforcement officer.
11 (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and 
12Section 24-1.6 do not apply to members of any club or 
13organization organized for the purpose of practicing shooting 
14at targets upon established target ranges, whether public or 
15private, while using their firearms on those target ranges.
16 (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply 
17to:
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 
10persons licensed under federal law to manufacture any device 
11or attachment of any kind designed, used, or intended for use 
12in silencing the report of any firearm, firearms, or 
13ammunition for those firearms equipped with those devices, and 
14actually engaged in the business of manufacturing those 
15devices, firearms, or ammunition, but only with respect to 
16activities that are within the lawful scope of that business, 
17such as the manufacture, transportation, or testing of those 
18devices, firearms, or ammunition. This exemption does not 
19authorize the general private possession of any device or 
20attachment of any kind designed, used, or intended for use in 
21silencing the report of any firearm, but only such possession 
22and activities as are within the lawful scope of a licensed 
23manufacturing business described in this subsection (g-5). 
24During transportation, these devices shall be detached from 
25any weapon or not immediately accessible.
26 (g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section 
 
 
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124-1.6 do not apply to or affect any parole agent or parole 
2supervisor who meets the qualifications and conditions 
3prescribed in Section 3-14-1.5 of the Unified Code of 
4Corrections. 
5 (g-7) Subsection 24-1(a)(6) does not apply to a peace 
6officer while serving as a member of a tactical response team 
7or special operations team. A peace officer may not personally 
8own or apply for ownership of a device or attachment of any 
9kind designed, used, or intended for use in silencing the 
10report of any firearm. These devices shall be owned and 
11maintained by lawfully recognized units of government whose 
12duties include the investigation of criminal acts.
13 (g-10) (Blank). 
14 (h) An information or indictment based upon a violation of 
15any subsection of this Article need not negate negative any 
16exemptions contained in this Article. The defendant shall have 
17the burden of proving such an exemption.
18 (i) Nothing in this Article shall prohibit, apply to, or 
19affect the transportation, carrying, or possession, of any 
20pistol or revolver, stun gun, taser, or other firearm 
21consigned to a common carrier operating under license of the 
22State of Illinois or the federal government, where such 
23transportation, carrying, or possession is incident to the 
24lawful transportation in which such common carrier is engaged; 
25and nothing in this Article shall prohibit, apply to, or 
26affect the transportation, carrying, or possession of any 
 
 
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1pistol, revolver, stun gun, taser, or other firearm, not the 
2subject of and regulated by subsection 24-1(a)(7) or 
3subsection 24-2(c) of this Article, which is unloaded and 
4enclosed in a case, firearm carrying box, shipping box, or 
5other container, by the possessor of a valid Firearm Owners 
6Identification Card.
7(Source: P.A. 102-152, eff. 1-1-22; 102-779, eff. 1-1-23; 
8102-837, eff. 5-13-22; 103-154, eff. 6-30-23; revised 
97-22-24.)

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 
13delivery of firearms when he or she knowingly does any of the 
14following:
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 
 
 
HB1034- 189 -LRB104 03480 RLC 13503 b


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.
 
 
HB1034- 190 -LRB104 03480 RLC 13503 b


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 
 
 
HB1034- 191 -LRB104 03480 RLC 13503 b


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 
14firearms sold within 6 months after enactment of Public Act 
1578-355 (approved August 21, 1973, effective October 1, 1973), 
16nor is any firearm legally owned or possessed by any citizen or 
17purchased by any citizen within 6 months after the enactment 
18of Public Act 78-355 subject to confiscation or seizure under 
19the provisions of that Public Act. Nothing in Public Act 
2078-355 shall be construed to prohibit the gift or trade of any 
21firearm if that firearm was legally held or acquired within 6 
22months 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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1school, community college, college, or university.
2 "School related activity" means any sporting, social, 
3academic, or other activity for which students' attendance or 
4participation is sponsored, organized, or funded in whole or 
5in part by a school or school district.
6 (E) A prosecution for a violation of paragraph (k) of 
7subsection (A) of this Section may be commenced within 6 years 
8after the commission of the offense. A prosecution for a 
9violation of this Section other than paragraph (g) of 
10subsection (A) of this Section may be commenced within 5 years 
11after the commission of the offense defined in the particular 
12paragraph. 
13(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; 
14102-813, eff. 5-13-22.)

15 Section 85. The Unified Code of Corrections is amended by 
16changing 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 
19discharge and disposition of supervision.  The General 
20Assembly finds that in order to protect the public, the 
21criminal justice system must compel compliance with the 
22conditions of probation by responding to violations with 
23swift, certain and fair punishments and intermediate 
24sanctions. The Chief Judge of each circuit shall adopt a 
 
 
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1system of structured, intermediate sanctions for violations of 
2the terms and conditions of a sentence of probation, 
3conditional discharge or disposition of supervision.
4 (a) Except where specifically prohibited by other 
5provisions of this Code, the court shall impose a sentence of 
6probation or conditional discharge upon an offender unless, 
7having regard to the nature and circumstance of the offense, 
8and to the history, character and condition of the offender, 
9the 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 
21probation, conditional discharge, or supervision, that the 
22probation agency may invoke any sanction from the list of 
23intermediate sanctions adopted by the chief judge of the 
24circuit court for violations of the terms and conditions of 
25the sentence of probation, conditional discharge, or 
26supervision, subject to the provisions of Section 5-6-4 of 
 
 
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1this Act.
2 (b) The court may impose a sentence of conditional 
3discharge for an offense if the court is of the opinion that 
4neither a sentence of imprisonment nor of periodic 
5imprisonment nor of probation supervision is appropriate.
6 (b-1) Subsections (a) and (b) of this Section do not apply 
7to a defendant charged with a misdemeanor or felony under the 
8Illinois Vehicle Code or reckless homicide under Section 9-3 
9of the Criminal Code of 1961 or the Criminal Code of 2012 if 
10the defendant within the past 12 months has been convicted of 
11or pleaded guilty to a misdemeanor or felony under the 
12Illinois Vehicle Code or reckless homicide under Section 9-3 
13of the Criminal Code of 1961 or the Criminal Code of 2012.
14 (c) The court may, upon a plea of guilty or a stipulation 
15by the defendant of the facts supporting the charge or a 
16finding of guilt, defer further proceedings and the imposition 
17of a sentence, and enter an order for supervision of the 
18defendant, if the defendant is not charged with: (i) a Class A 
19misdemeanor, as defined by the following provisions of the 
20Criminal Code of 1961 or the Criminal Code of 2012: Sections 
2111-9.1; 12-3.2; 11-1.50 or 12-15; 26-5 or 48-1; 31-1; 31-6; 
2231-7; paragraphs (2) and (3) of subsection (a) of Section 
2321-1; paragraph (1) through (5), (8), (10), and (11) of 
24subsection (a) of Section 24-1; (ii) a Class A misdemeanor 
25violation of Section 3.01, 3.03-1, or 4.01 of the Humane Care 
26for Animals Act; or (iii) a felony. If the defendant is not 
 
 
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1barred from receiving an order for supervision as provided in 
2this subsection, the court may enter an order for supervision 
3after considering the circumstances of the offense, and the 
4history, character and condition of the offender, if the court 
5is 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 
15apply to a defendant charged with a second or subsequent 
16violation of Section 6-303 of the Illinois Vehicle Code 
17committed while his or her driver's license, permit or 
18privileges were revoked because of a violation of Section 9-3 
19of the Criminal Code of 1961 or the Criminal Code of 2012, 
20relating to the offense of reckless homicide, or a similar 
21provision of a law of another state. 
22 (d) The provisions of paragraph (c) shall not apply to a 
23defendant charged with violating Section 11-501 of the 
24Illinois Vehicle Code or a similar provision of a local 
25ordinance 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 
15authority with regard to the standards set forth in this 
16Section.
17 (e) The provisions of paragraph (c) shall not apply to a 
18defendant charged with violating Section 16-25 or 16A-3 of the 
19Criminal Code of 1961 or the Criminal Code of 2012 if said 
20defendant 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 
2authority with regard to the standards set forth in this 
3Section.
4 (f) The provisions of paragraph (c) shall not apply to a 
5defendant charged with: (1) violating Sections 15-111, 15-112, 
615-301, paragraph (b) of Section 6-104, Section 11-605, 
7paragraph (d-5) of Section 11-605.1, Section 11-1002.5, or 
8Section 11-1414 of the Illinois Vehicle Code or a similar 
9provision of a local ordinance; or (2) committing a Class A 
10misdemeanor under subsection (c) of Section 11-907 of the 
11Illinois Vehicle Code or a similar provision of a local 
12ordinance.
13 (g) Except as otherwise provided in paragraph (i) of this 
14Section, the provisions of paragraph (c) shall not apply to a 
15defendant charged with violating Section 3-707, 3-708, 3-710, 
16or 5-401.3 of the Illinois Vehicle Code or a similar provision 
17of a local ordinance if the defendant has within the last 5 
18years 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 
26authority with regard to the standards set forth in this 
 
 
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1Section.
2 (h) The provisions of paragraph (c) shall not apply to a 
3defendant under the age of 21 years charged with violating a 
4serious traffic offense as defined in Section 1-187.001 of the 
5Illinois 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 
23defendant under the age of 21 years charged with an offense 
24against traffic regulations governing the movement of vehicles 
25or any violation of Section 6-107 or Section 12-603.1 of the 
26Illinois Vehicle Code, unless the defendant, upon payment of 
 
 
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1the fines, penalties, and costs provided by law, agrees to 
2attend and successfully complete a traffic safety program 
3approved by the court under standards set by the Conference of 
4Chief Circuit Judges. The accused shall be responsible for 
5payment of any traffic safety program fees. If the accused 
6fails to file a certificate of successful completion on or 
7before the termination date of the supervision order, the 
8supervision shall be summarily revoked and conviction entered. 
9The provisions of Supreme Court Rule 402 relating to pleas of 
10guilty do not apply in cases when a defendant enters a guilty 
11plea under this provision. 
12 (i) The provisions of paragraph (c) shall not apply to a 
13defendant charged with violating Section 3-707 of the Illinois 
14Vehicle Code or a similar provision of a local ordinance if the 
15defendant has been assigned supervision for a violation of 
16Section 3-707 of the Illinois Vehicle Code or a similar 
17provision of a local ordinance.
18 (j) The provisions of paragraph (c) shall not apply to a 
19defendant charged with violating Section 6-303 of the Illinois 
20Vehicle Code or a similar provision of a local ordinance when 
21the revocation or suspension was for a violation of Section 
2211-501 or a similar provision of a local ordinance or a 
23violation of Section 11-501.1 or paragraph (b) of Section 
2411-401 of the Illinois Vehicle Code if the defendant has 
25within 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 
7defendant charged with violating any provision of the Illinois 
8Vehicle Code or a similar provision of a local ordinance that 
9governs the movement of vehicles if, within the 12 months 
10preceding the date of the defendant's arrest, the defendant 
11has been assigned court supervision on 2 occasions for a 
12violation that governs the movement of vehicles under the 
13Illinois Vehicle Code or a similar provision of a local 
14ordinance. The provisions of this paragraph (k) do not apply 
15to a defendant charged with violating Section 11-501 of the 
16Illinois Vehicle Code or a similar provision of a local 
17ordinance.
18 (l) (Blank). 
19 (m) (Blank).
20 (n) The provisions of paragraph (c) shall not apply to any 
21person under the age of 18 who commits an offense against 
22traffic regulations governing the movement of vehicles or any 
23violation of Section 6-107 or Section 12-603.1 of the Illinois 
24Vehicle Code, except upon personal appearance of the defendant 
25in court and upon the written consent of the defendant's 
26parent or legal guardian, executed before the presiding judge. 
 
 
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1The presiding judge shall have the authority to waive this 
2requirement upon the showing of good cause by the defendant. 
3 (o) The provisions of paragraph (c) shall not apply to a 
4defendant charged with violating Section 6-303 of the Illinois 
5Vehicle Code or a similar provision of a local ordinance when 
6the suspension was for a violation of Section 11-501.1 of the 
7Illinois 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 
22defendant charged with violating Section 11-601.5 of the 
23Illinois Vehicle Code or a similar provision of a local 
24ordinance 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 
8defendant charged with violating subsection (b) of Section 
911-601 or Section 11-601.5 of the Illinois Vehicle Code when 
10the defendant was operating a vehicle, in an urban district, 
11at a speed that is 26 miles per hour or more in excess of the 
12applicable maximum speed limit established under Chapter 11 of 
13the Illinois Vehicle Code. 
14 (r) The provisions of paragraph (c) shall not apply to a 
15defendant charged with violating any provision of the Illinois 
16Vehicle Code or a similar provision of a local ordinance if the 
17violation was the proximate cause of the death of another and 
18the defendant's driving abstract contains a prior conviction 
19or disposition of court supervision for any violation of the 
20Illinois Vehicle Code, other than an equipment violation, or a 
21suspension, revocation, or cancellation of the driver's 
22license. 
23 (s) (Blank). The provisions of paragraph (c) shall not 
24apply to a defendant charged with violating subsection (i) of 
25Section 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. 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 2605/2605-10was 20 ILCS 2605/55a in part
9 20 ILCS 2605/2605-45was 20 ILCS 2605/55a-5
10 20 ILCS 2605/2605-200was 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 5/10-1from Ch. 43, par. 183
18 430 ILCS 65/2from Ch. 38, par. 83-2
19 430 ILCS 65/3from Ch. 38, par. 83-3
20 430 ILCS 65/3.1from Ch. 38, par. 83-3.1
21 430 ILCS 65/4from Ch. 38, par. 83-4
22 430 ILCS 65/5from Ch. 38, par. 83-5
23 430 ILCS 65/7from Ch. 38, par. 83-7
24 430 ILCS 65/8.5
25 430 ILCS 65/13.1from Ch. 38, par. 83-13.1
 
 
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