Bill Text: IL HB5254 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Firearm Owners Identification Card Act. Provides that a renewal shall be automatically denied for any Firearm Owner's Identification Card issued to an applicant who submitted an application on or after the effective date of the amendatory Act, if the Firearm Owner's Identification Card holder has failed to complete hands-on firearm safety training within one year after the initial issuance of a Firearm Owner's Identification Card. Provides that a revoked license for not completing hands-on firearm safety training shall not be grounds for a denial of a subsequent Firearm Owner's Identification Card application. Provides that each application form for a Firearm Owner's Identification Card shall include the date on which hands-on firearm safety training has been or will be completed. Provides that proof that the applicant has completed or is currently enrolled in a hands-on training course must accompany the application. Provides that the Illinois State Police has authority to deny an application for or to revoke and seize a Firearm Owner's Identification Card previously issued under the Act if the person has failed to complete hands-on firearm safety training by the specified date on the Firearm Owner's Identification Card application. Provides that the Illinois State Police shall adopt rules that define "hands-on firearm safety training". Amends the Criminal Code of 2012. Provides that unlawful purchase of a firearm includes purchasing a firearm before completing hands-on firearm safety training as defined by rules adopted by the Illinois State Police.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-04-05 - House Committee Amendment No. 3 Rule 19(c) / Re-referred to Rules Committee [HB5254 Detail]

Download: Illinois-2023-HB5254-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5254 Introduced , by Rep. Harry Benton SYNOPSIS AS INTRODUCED:
430 ILCS 65/4 from Ch. 38, par. 83-4
430 ILCS 65/5 from Ch. 38, par. 83-5
430 ILCS 65/8 from Ch. 38, par. 83-8
430 ILCS 65/13.4
720 ILCS 5/24-3.1 from Ch. 38, par. 24-3.1
720 ILCS 5/24-3.5
Amends the Firearm Owners Identification Card Act. Provides that a renewal shall be automatically denied for any Firearm Owner's Identification Card issued to an applicant who submitted an application on or after the effective date of the amendatory Act, if the Firearm Owner's Identification Card holder has failed to complete hands-on firearm safety training within one year after the initial issuance of a Firearm Owner's Identification Card. Provides that a revoked license for not completing hands-on firearm safety training shall not be grounds for a denial of a subsequent Firearm Owner's Identification Card application. Provides that each application form for a Firearm Owner's Identification Card shall include the date on which hands-on firearm safety training has been or will be completed. Provides that proof that the applicant has completed or is currently enrolled in a hands-on training course must accompany the application. Provides that the Illinois State Police has authority to deny an application for or to revoke and seize a Firearm Owner's Identification Card previously issued under the Act if the person has failed to complete hands-on firearm safety training by the specified date on the Firearm Owner's Identification Card application. Provides that the Illinois State Police shall adopt rules that define "hands-on firearm safety training". Amends the Criminal Code of 2012. Provides that unlawful purchase of a firearm includes purchasing a firearm before completing hands-on firearm safety training as defined by rules adopted by the Illinois State Police.
LRB103 35740 RLC 65821 b
A BILL FOR
HB5254 LRB103 35740 RLC 65821 b
AN ACT concerning firearms.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Firearm Owners Identification Card Act is
amended by changing Sections 4, 5, 8, and 13.4 as follows:
(430 ILCS 65/4) (from Ch. 38, par. 83-4)
Sec. 4. Application for Firearm Owner's Identification
Cards.
(a) Each applicant for a Firearm Owner's Identification
Card must:
(1) Submit an application as made available by the
Illinois State Police; and
(2) Submit evidence to the Illinois State Police that:
(i) (Blank); This subparagraph (i) applies through
the 180th day following July 12, 2019 (the effective
date of Public Act 101-80). He or she is 21 years of
age or over, or if he or she is under 21 years of age
that he or she has the written consent of his or her
parent or legal guardian to possess and acquire
firearms and firearm ammunition and that he or she has
never been convicted of a misdemeanor other than a
traffic offense or adjudged delinquent, provided,
however, that such parent or legal guardian is not an

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individual prohibited from having a Firearm Owner's
Identification Card and files an affidavit with the
Department as prescribed by the Department stating
that he or she is not an individual prohibited from
having a Card;
(i-5) This subparagraph (i-5) applies on and after
the 181st day following July 12, 2019 (the effective
date of Public Act 101-80). The applicant He or she is
21 years of age or over, or if the applicant he or she
is under 21 years of age that the applicant he or she
has never been convicted of a misdemeanor other than a
traffic offense or adjudged delinquent and is an
active duty member of the United States Armed Forces
or the Illinois National Guard or has the written
consent of the applicant's his or her parent or legal
guardian to possess and acquire firearms and firearm
ammunition, provided, however, that such parent or
legal guardian is not an individual prohibited from
having a Firearm Owner's Identification Card and files
an affidavit with the Illinois State Police as
prescribed by the Illinois State Police stating that
the applicant he or she is not an individual
prohibited from having a Card or the active duty
member of the United States Armed Forces or the
Illinois National Guard under 21 years of age annually
submits proof to the Illinois State Police, in a

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manner prescribed by the Illinois State Police;
(ii) The applicant He or she has not been
convicted of a felony under the laws of this or any
other jurisdiction;
(iii) The applicant He or she is not addicted to
narcotics;
(iv) The applicant He or she has not been a patient
in a mental health facility within the past 5 years or,
if the applicant he or she has been a patient in a
mental health facility more than 5 years ago submit
the certification required under subsection (u) of
Section 8 of this Act;
(v) The applicant He or she is not a person with an
intellectual disability;
(vi) The applicant He or she is not a noncitizen
who is unlawfully present in the United States under
the laws of the United States;
(vii) The applicant He or she is not subject to an
existing order of protection prohibiting him or her
from possessing a firearm;
(viii) The applicant He or she has not been
convicted within the past 5 years of battery, assault,
aggravated assault, violation of an order of
protection, or a substantially similar offense in
another jurisdiction, in which a firearm was used or
possessed;

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(ix) The applicant He or she has not been
convicted of domestic battery, aggravated domestic
battery, or a substantially similar offense in another
jurisdiction committed before, on or after January 1,
2012 (the effective date of Public Act 97-158). If the
applicant knowingly and intelligently waives the right
to have an offense described in this clause (ix) tried
by a jury, and by guilty plea or otherwise, results in
a conviction for an offense in which a domestic
relationship is not a required element of the offense
but in which a determination of the applicability of
18 U.S.C. 922(g)(9) is made under Section 112A-11.1 of
the Code of Criminal Procedure of 1963, an entry by the
court of a judgment of conviction for that offense
shall be grounds for denying the issuance of a Firearm
Owner's Identification Card under this Section;
(x) (Blank);
(xi) The applicant He or she is not a noncitizen
who has been admitted to the United States under a
non-immigrant visa (as that term is defined in Section
101(a)(26) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(26))), or that the applicant he or she
is a noncitizen who has been lawfully admitted to the
United States under a non-immigrant visa if that
noncitizen is:
(1) admitted to the United States for lawful

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hunting or sporting purposes;
(2) an official representative of a foreign
government who is:
(A) accredited to the United States
Government or the Government's mission to an
international organization having its
headquarters in the United States; or
(B) en route to or from another country to
which that noncitizen is accredited;
(3) an official of a foreign government or
distinguished foreign visitor who has been so
designated by the Department of State;
(4) a foreign law enforcement officer of a
friendly foreign government entering the United
States on official business; or
(5) one who has received a waiver from the
Attorney General of the United States pursuant to
18 U.S.C. 922(y)(3);
(xii) The applicant He or she is not a minor
subject to a petition filed under Section 5-520 of the
Juvenile Court Act of 1987 alleging that the minor is a
delinquent minor for the commission of an offense that
if committed by an adult would be a felony;
(xiii) The applicant He or she is not an adult who
had been adjudicated a delinquent minor under the
Juvenile Court Act of 1987 for the commission of an

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offense that if committed by an adult would be a
felony;
(xiv) The applicant He or she is a resident of the
State of Illinois;
(xv) The applicant He or she has not been
adjudicated as a person with a mental disability;
(xvi) The applicant He or she has not been
involuntarily admitted into a mental health facility;
and
(xvii) The applicant He or she is not a person with
a developmental disability; and
(3) Upon request by the Illinois State Police, sign a
release on a form prescribed by the Illinois State Police
waiving any right to confidentiality and requesting the
disclosure to the Illinois State Police of limited mental
health institution admission information from another
state, the District of Columbia, any other territory of
the United States, or a foreign nation concerning the
applicant for the sole purpose of determining whether the
applicant is or was a patient in a mental health
institution and disqualified because of that status from
receiving a Firearm Owner's Identification Card. No mental
health care or treatment records may be requested. The
information received shall be destroyed within one year of
receipt.
(a-5) Each applicant for a Firearm Owner's Identification

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Card who is over the age of 18 shall furnish to the Illinois
State Police either the applicant's his or her Illinois
driver's license number or Illinois Identification Card
number, except as provided in subsection (a-10).
(a-10) Each applicant for a Firearm Owner's Identification
Card, who is employed as a law enforcement officer, an armed
security officer in Illinois, or by the United States Military
permanently assigned in Illinois and who is not an Illinois
resident, shall furnish to the Illinois State Police the
applicant's his or her driver's license number or state
identification card number from the applicant's his or her
state of residence. The Illinois State Police may adopt rules
to enforce the provisions of this subsection (a-10).
(a-15) If an applicant applying for a Firearm Owner's
Identification Card moves from the residence address named in
the application, the applicant he or she shall immediately
notify in a form and manner prescribed by the Illinois State
Police of that change of address.
(a-20) Each applicant for a Firearm Owner's Identification
Card shall furnish to the Illinois State Police the
applicant's his or her photograph. An applicant who is 21
years of age or older seeking a religious exemption to the
photograph requirement must furnish with the application an
approved copy of United States Department of the Treasury
Internal Revenue Service Form 4029. In lieu of a photograph,
an applicant regardless of age seeking a religious exemption

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to the photograph requirement shall submit fingerprints on a
form and manner prescribed by the Illinois State Police with
the applicant's his or her application.
(a-25) Beginning January 1, 2023, each applicant for the
issuance of a Firearm Owner's Identification Card may include
a full set of the applicant's his or her fingerprints in
electronic format to the Illinois State Police, unless the
applicant has previously provided a full set of the
applicant's his or her fingerprints to the Illinois State
Police under this Act or the Firearm Concealed Carry Act.
The fingerprints must be transmitted through a live scan
fingerprint vendor licensed by the Department of Financial and
Professional Regulation. The fingerprints shall be checked
against the fingerprint records now and hereafter filed in the
Illinois State Police and Federal Bureau of Investigation
criminal history records databases, including all available
State and local criminal history record information files.
The Illinois State Police shall charge applicants a
one-time fee for conducting the criminal history record check,
which shall be deposited into the State Police Services Fund
and shall not exceed the actual cost of the State and national
criminal history record check.
(a-26) The Illinois State Police shall research, explore,
and report to the General Assembly by January 1, 2022 on the
feasibility of permitting voluntarily submitted fingerprints
obtained for purposes other than Firearm Owner's

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Identification Card enforcement that are contained in the
Illinois State Police database for purposes of this Act.
(b) Each application form shall include the following
statement printed in bold type: "Warning: Entering false
information on an application for a Firearm Owner's
Identification Card is punishable as a Class 2 felony in
accordance with subsection (d-5) of Section 14 of the Firearm
Owners Identification Card Act.".
(c) Upon such written consent, pursuant to Section 4,
paragraph (a)(2)(i), the parent or legal guardian giving the
consent shall be liable for any damages resulting from the
applicant's use of firearms or firearm ammunition.
(d) Each application form shall include the date on which
hands-on firearm safety training has been or will be
completed. Proof that the applicant has completed or is
currently enrolled in a hands-on training course must
accompany the application.
(Source: P.A. 101-80, eff. 7-12-19; 102-237, eff. 1-1-22;
102-538, eff. 8-20-21; 102-813, eff. 5-13-22; 102-1030, eff.
5-27-22; 102-1116, eff. 1-10-23.)
(430 ILCS 65/5) (from Ch. 38, par. 83-5)
Sec. 5. Application and renewal.
(a) The Illinois State Police shall either approve or deny
all applications within 30 days from the date they are
received, except as provided in subsections (b) and (c), and

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every applicant found qualified under Section 8 of this Act by
the Illinois State Police shall be entitled to a Firearm
Owner's Identification Card upon the payment of a $10 fee and
applicable processing fees. The processing fees shall be
limited to charges by the State Treasurer for using the
electronic online payment system. Any applicant who is an
active duty member of the Armed Forces of the United States, a
member of the Illinois National Guard, or a member of the
Reserve Forces of the United States is exempt from the
application fee. $5 of each fee derived from the issuance of a
Firearm Owner's Identification Card or renewals thereof shall
be deposited in the State Police Firearm Services Fund and $5
into the State Police Revocation Enforcement Fund.
(b) Renewal applications shall be approved or denied
within 60 business days, provided the applicant submitted his
or her renewal application prior to the expiration of his or
her Firearm Owner's Identification Card. If a renewal
application has been submitted prior to the expiration date of
the applicant's Firearm Owner's Identification Card, the
Firearm Owner's Identification Card shall remain valid while
the Illinois State Police processes the application, unless
the person is subject to or becomes subject to revocation
under this Act. The cost for a renewal application shall be $10
and may include applicable processing fees, which shall be
limited to charges by the State Treasurer for using the
electronic online payment system, which shall be deposited

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into the State Police Firearm Services Fund. A renewal shall
be automatically denied for any Firearm Owner's Identification
Card issued to an applicant who submitted an application on or
after the effective date of this amendatory Act of the 103rd
General Assembly, if the Firearm Owner's Identification Card
holder has failed to complete hands-on firearm safety training
within one year after the initial issuance of a Firearm
Owner's Identification Card. A revoked license for not
completing hands-on firearm safety training shall not be
grounds for a denial of a subsequent Firearm Owner's
Identification Card application.
(c) If the Firearm Owner's Identification Card of a
licensee under the Firearm Concealed Carry Act expires during
the term of the licensee's concealed carry license, the
Firearm Owner's Identification Card and the license remain
valid and the licensee does not have to renew his or her
Firearm Owner's Identification Card during the duration of the
concealed carry license. Unless the Illinois State Police has
reason to believe the licensee is no longer eligible for the
card, the Illinois State Police may automatically renew the
licensee's Firearm Owner's Identification Card and send a
renewed Firearm Owner's Identification Card to the licensee.
(d) The Illinois State Police may adopt rules concerning
the use of voluntarily submitted fingerprints, as allowed by
State and federal law.
(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;

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102-813, eff. 5-13-22.)
(430 ILCS 65/8) (from Ch. 38, par. 83-8)
Sec. 8. Grounds for denial and revocation. The Illinois
State Police has authority to deny an application for or to
revoke and seize a Firearm Owner's Identification Card
previously issued under this Act only if the Illinois State
Police finds that the applicant or the person to whom such card
was issued is or was at the time of issuance:
(a) A person under 21 years of age who has been
convicted of a misdemeanor other than a traffic offense or
adjudged delinquent;
(b) This subsection (b) applies through the 180th day
following July 12, 2019 (the effective date of Public Act
101-80). A person under 21 years of age who does not have
the written consent of his parent or guardian to acquire
and possess firearms and firearm ammunition, or whose
parent or guardian has revoked such written consent, or
where such parent or guardian does not qualify to have a
Firearm Owner's Identification Card;
(b-5) This subsection (b-5) applies on and after the
181st day following July 12, 2019 (the effective date of
Public Act 101-80). A person under 21 years of age who is
not an active duty member of the United States Armed
Forces or the Illinois National Guard and does not have
the written consent of his or her parent or guardian to

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acquire and possess firearms and firearm ammunition, or
whose parent or guardian has revoked such written consent,
or where such parent or guardian does not qualify to have a
Firearm Owner's Identification Card;
(c) A person convicted of a felony under the laws of
this or any other jurisdiction;
(d) A person addicted to narcotics;
(e) A person who has been a patient of a mental health
facility within the past 5 years or a person who has been a
patient in a mental health facility more than 5 years ago
who has not received the certification required under
subsection (u) of this Section. An active law enforcement
officer employed by a unit of government or a Department
of Corrections employee authorized to possess firearms who
is denied, revoked, or has his or her Firearm Owner's
Identification Card seized under this subsection (e) may
obtain relief as described in subsection (c-5) of Section
10 of this Act if the officer or employee did not act in a
manner threatening to the officer or employee, another
person, or the public as determined by the treating
clinical psychologist or physician, and the officer or
employee seeks mental health treatment;
(f) A person whose mental condition is of such a
nature that it poses a clear and present danger to the
applicant, any other person or persons, or the community;
(g) A person who has an intellectual disability;

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(h) A person who intentionally makes a false statement
in the Firearm Owner's Identification Card application or
endorsement affidavit or who has failed to complete
hands-on firearm safety training by the specified date on
the Firearm Owner's Identification Card application;
(i) A noncitizen who is unlawfully present in the
United States under the laws of the United States;
(i-5) A noncitizen who has been admitted to the United
States under a non-immigrant visa (as that term is defined
in Section 101(a)(26) of the Immigration and Nationality
Act (8 U.S.C. 1101(a)(26))), except that this subsection
(i-5) does not apply to any noncitizen who has been
lawfully admitted to the United States under a
non-immigrant visa if that noncitizen is:
(1) admitted to the United States for lawful
hunting or sporting purposes;
(2) an official representative of a foreign
government who is:
(A) accredited to the United States Government
or the Government's mission to an international
organization having its headquarters in the United
States; or
(B) en route to or from another country to
which that noncitizen is accredited;
(3) an official of a foreign government or
distinguished foreign visitor who has been so

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designated by the Department of State;
(4) a foreign law enforcement officer of a
friendly foreign government entering the United States
on official business; or
(5) one who has received a waiver from the
Attorney General of the United States pursuant to 18
U.S.C. 922(y)(3);
(j) (Blank);
(k) A person who has been convicted within the past 5
years of battery, assault, aggravated assault, violation
of an order of protection, or a substantially similar
offense in another jurisdiction, in which a firearm was
used or possessed;
(l) A person who has been convicted of domestic
battery, aggravated domestic battery, or a substantially
similar offense in another jurisdiction committed before,
on or after January 1, 2012 (the effective date of Public
Act 97-158). If the applicant or person who has been
previously issued a Firearm Owner's Identification Card
under this Act knowingly and intelligently waives the
right to have an offense described in this paragraph (l)
tried by a jury, and by guilty plea or otherwise, results
in a conviction for an offense in which a domestic
relationship is not a required element of the offense but
in which a determination of the applicability of 18 U.S.C.
922(g)(9) is made under Section 112A-11.1 of the Code of

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Criminal Procedure of 1963, an entry by the court of a
judgment of conviction for that offense shall be grounds
for denying an application for and for revoking and
seizing a Firearm Owner's Identification Card previously
issued to the person under this Act;
(m) (Blank);
(n) A person who is prohibited from acquiring or
possessing firearms or firearm ammunition by any Illinois
State statute or by federal law;
(o) A minor subject to a petition filed under Section
5-520 of the Juvenile Court Act of 1987 alleging that the
minor is a delinquent minor for the commission of an
offense that if committed by an adult would be a felony;
(p) An adult who had been adjudicated a delinquent
minor under the Juvenile Court Act of 1987 for the
commission of an offense that if committed by an adult
would be a felony;
(q) A person who is not a resident of the State of
Illinois, except as provided in subsection (a-10) of
Section 4;
(r) A person who has been adjudicated as a person with
a mental disability;
(s) A person who has been found to have a
developmental disability;
(t) A person involuntarily admitted into a mental
health facility; or

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(u) A person who has had his or her Firearm Owner's
Identification Card revoked or denied under subsection (e)
of this Section or item (iv) of paragraph (2) of
subsection (a) of Section 4 of this Act because the
applicant he or she was a patient in a mental health
facility as provided in subsection (e) of this Section,
shall not be permitted to obtain a Firearm Owner's
Identification Card, after the 5-year period has lapsed,
unless the applicant he or she has received a mental
health evaluation by a physician, clinical psychologist,
or qualified examiner as those terms are defined in the
Mental Health and Developmental Disabilities Code, and has
received a certification that the applicant he or she is
not a clear and present danger to himself, herself, or
others. The physician, clinical psychologist, or qualified
examiner making the certification and his or her employer
shall not be held criminally, civilly, or professionally
liable for making or not making the certification required
under this subsection, except for willful or wanton
misconduct. This subsection does not apply to a person
whose firearm possession rights have been restored through
administrative or judicial action under Section 10 or 11
of this Act.
Upon revocation of a person's Firearm Owner's
Identification Card, the Illinois State Police shall provide
notice to the person and the person shall comply with Section

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9.5 of this Act.
(Source: P.A. 101-80, eff. 7-12-19; 102-538, eff. 8-20-21;
102-645, eff. 1-1-22; 102-813, eff. 5-13-22; 102-1030, eff.
5-27-22; 102-1116, eff. 1-10-23.)
(430 ILCS 65/13.4)
Sec. 13.4. Illinois State Police; rule making authority.
(a) The Illinois State Police shall by rule adopt the
following procedures:
(1) When a person who possesses a valid Firearm
Owner's Identification Card applies for and is approved
for a concealed carry license, the valid Firearm Owner's
Identification Card is renewed for 10 years from the time
of approval instead of 10 years from the date of the
original card.
(2) If a person is eligible for both a Firearm Owner's
Identification Card and a concealed carry license, the
Illinois State Police shall by rule create one card that
may be used as both a Firearm Owner's Identification Card
and a concealed carry license. A combined Firearm Owner's
Identification Card and concealed carry license shall be
considered a valid card for the purposes of this Act. If a
person who possesses a combined Firearm Owner's
Identification Card and a concealed carry license becomes
subject to suspension or revocation under the Firearm
Concealed Carry Act, but is otherwise eligible for a valid

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Firearm Owner's Identification Card, the Illinois State
Police shall ensure the person's Firearm Owner's
Identification Card status is not interrupted. The
Illinois State Police shall adopt rules to implement this
Section.
(b) The Illinois State Police shall adopt rules that
define "hands-on firearm safety training" including how the
training is conducted, how many hours is sufficient, who may
conduct the training, and what constitutes proof for the
purposes of a Firearm Owner's Identification Card application.
(Source: P.A. 102-237, eff. 1-1-22.)
Section 10. The Criminal Code of 2012 is amended by
changing Sections 24-3.1 and 24-3.5 as follows:
(720 ILCS 5/24-3.1) (from Ch. 38, par. 24-3.1)
Sec. 24-3.1. Unlawful possession of firearms and firearm
ammunition.
(a) A person commits the offense of unlawful possession of
firearms or firearm ammunition when:
(1) He is under 18 years of age and has in his
possession any firearm of a size which may be concealed
upon the person; or
(2) He is under 21 years of age, has been convicted of
a misdemeanor other than a traffic offense or adjudged
delinquent and has any firearms or firearm ammunition in

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his possession; or
(3) He is a narcotic addict and has any firearms or
firearm ammunition in his possession; or
(4) He has been a patient in a mental institution
within the past 5 years and has any firearms or firearm
ammunition in his possession. For purposes of this
paragraph (4):
"Mental institution" means any hospital,
institution, clinic, evaluation facility, mental
health center, or part thereof, which is used
primarily for the care or treatment of persons with
mental illness.
"Patient in a mental institution" means the person
was admitted, either voluntarily or involuntarily, to
a mental institution for mental health treatment,
unless the treatment was voluntary and solely for an
alcohol abuse disorder and no other secondary
substance abuse disorder or mental illness; or
(5) He is a person with an intellectual disability and
has any firearms or firearm ammunition in his possession;
or
(6) He has in his possession any explosive bullet.
For purposes of this paragraph "explosive bullet" means
the projectile portion of an ammunition cartridge which
contains or carries an explosive charge which will explode
upon contact with the flesh of a human or an animal.

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"Cartridge" means a tubular metal case having a projectile
affixed at the front thereof and a cap or primer at the rear
end thereof, with the propellant contained in such tube
between the projectile and the cap.
(b) Sentence.
Unlawful possession of firearms, other than handguns, and
firearm ammunition is a Class A misdemeanor. Unlawful
possession of handguns is a Class 4 felony. The possession of
each firearm or firearm ammunition in violation of this
Section constitutes a single and separate violation.
(c) Nothing in paragraph (1) of subsection (a) of this
Section prohibits a person under 18 years of age from
participating in any lawful recreational activity with a
firearm such as, but not limited to, practice shooting at
targets upon established public or private target ranges or
hunting, trapping, or fishing in accordance with the Wildlife
Code or the Fish and Aquatic Life Code or from participating in
authorized hands-on firearm safety training as defined by
rules adopted by the Illinois State Police.
(Source: P.A. 99-143, eff. 7-27-15.)
(720 ILCS 5/24-3.5)
Sec. 24-3.5. Unlawful purchase of a firearm.
(a) For purposes of this Section, "firearms transaction
record form" means a form:
(1) executed by a transferee of a firearm stating: (i)

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the transferee's name and address (including county or
similar political subdivision); (ii) whether the
transferee is a citizen of the United States; (iii) the
transferee's State of residence; and (iv) the date and
place of birth, height, weight, and race of the
transferee; and
(2) on which the transferee certifies that he or she
is not prohibited by federal law from transporting or
shipping a firearm in interstate or foreign commerce or
receiving a firearm that has been shipped or transported
in interstate or foreign commerce or possessing a firearm
in or affecting commerce.
(b) A person commits the offense of unlawful purchase of a
firearm who knowingly purchases or attempts to purchase a
firearm with the intent to deliver that firearm to another
person who is prohibited by federal or State law from
possessing a firearm.
(c) A person commits the offense of unlawful purchase of a
firearm when he or she, in purchasing or attempting to
purchase a firearm, intentionally provides false or misleading
information on a United States Department of the Treasury,
Bureau of Alcohol, Tobacco and Firearms firearms transaction
record form.
(c-1) A person commits unlawful purchase of a firearm when
the person purchases a firearm before the completion of
hands-on firearm safety training as defined by rules adopted

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by the Illinois State Police.
(d) Exemption. It is not a violation of subsection (b) of
this Section for a person to make a gift or loan of a firearm
to a person who is not prohibited by federal or State law from
possessing a firearm if the transfer of the firearm is made in
accordance with Section 3 of the Firearm Owners Identification
Card Act.
(e) Sentence.
(1) A person who commits the offense of unlawful
purchase of a firearm:
(A) is guilty of a Class 2 felony for purchasing or
attempting to purchase one firearm;
(B) is guilty of a Class 1 felony for purchasing or
attempting to purchase not less than 2 firearms and
not more than 5 firearms at the same time or within a
one year period;
(C) is guilty of a Class X felony for which the
offender shall be sentenced to a term of imprisonment
of not less than 9 years and not more than 40 years for
purchasing or attempting to purchase not less than 6
firearms at the same time or within a 2 year period.
(2) In addition to any other penalty that may be
imposed for a violation of this Section, the court may
sentence a person convicted of a violation of subsection
(c) of this Section to a fine not to exceed $250,000 for
each violation.

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