Bill Text: IL HB5785 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2024-03-20 - Referred to Rules Committee [HB5785 Detail]

Download: Illinois-2023-HB5785-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5785 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
HB5785 LRB103 39901 RLC 70908 b
AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Open Meetings Act is amended by changing
Section 2 as follows:
(5 ILCS 120/2) (from Ch. 102, par. 42)
Sec. 2. Open meetings.
(a) Openness required. All meetings of public bodies shall
be open to the public unless excepted in subsection (c) and
closed in accordance with Section 2a.
(b) Construction of exceptions. The exceptions contained
in subsection (c) are in derogation of the requirement that
public bodies meet in the open, and therefore, the exceptions
are to be strictly construed, extending only to subjects
clearly within their scope. The exceptions authorize but do
not require the holding of a closed meeting to discuss a
subject included within an enumerated exception.
(c) Exceptions. A public body may hold closed meetings to
consider the following subjects:
(1) The appointment, employment, compensation,
discipline, performance, or dismissal of specific
employees, specific individuals who serve as independent
contractors in a park, recreational, or educational

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setting, or specific volunteers of the public body or
legal counsel for the public body, including hearing
testimony on a complaint lodged against an employee, a
specific individual who serves as an independent
contractor in a park, recreational, or educational
setting, or a volunteer of the public body or against
legal counsel for the public body to determine its
validity. However, a meeting to consider an increase in
compensation to a specific employee of a public body that
is subject to the Local Government Wage Increase
Transparency Act may not be closed and shall be open to the
public and posted and held in accordance with this Act.
(2) Collective negotiating matters between the public
body and its employees or their representatives, or
deliberations concerning salary schedules for one or more
classes of employees.
(3) The selection of a person to fill a public office,
as defined in this Act, including a vacancy in a public
office, when the public body is given power to appoint
under law or ordinance, or the discipline, performance or
removal of the occupant of a public office, when the
public body is given power to remove the occupant under
law or ordinance.
(4) Evidence or testimony presented in open hearing,
or in closed hearing where specifically authorized by law,
to a quasi-adjudicative body, as defined in this Act,

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provided that the body prepares and makes available for
public inspection a written decision setting forth its
determinative reasoning.
(4.5) Evidence or testimony presented to a school
board regarding denial of admission to school events or
property pursuant to Section 24-24 of the School Code,
provided that the school board prepares and makes
available for public inspection a written decision setting
forth its determinative reasoning.
(5) The purchase or lease of real property for the use
of the public body, including meetings held for the
purpose of discussing whether a particular parcel should
be acquired.
(6) The setting of a price for sale or lease of
property owned by the public body.
(7) The sale or purchase of securities, investments,
or investment contracts. This exception shall not apply to
the investment of assets or income of funds deposited into
the Illinois Prepaid Tuition Trust Fund.
(8) Security procedures, school building safety and
security, and the use of personnel and equipment to
respond to an actual, a threatened, or a reasonably
potential danger to the safety of employees, students,
staff, the public, or public property.
(9) Student disciplinary cases.
(10) The placement of individual students in special

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education programs and other matters relating to
individual students.
(11) Litigation, when an action against, affecting or
on behalf of the particular public body has been filed and
is pending before a court or administrative tribunal, or
when the public body finds that an action is probable or
imminent, in which case the basis for the finding shall be
recorded and entered into the minutes of the closed
meeting.
(12) The establishment of reserves or settlement of
claims as provided in the Local Governmental and
Governmental Employees Tort Immunity Act, if otherwise the
disposition of a claim or potential claim might be
prejudiced, or the review or discussion of claims, loss or
risk management information, records, data, advice or
communications from or with respect to any insurer of the
public body or any intergovernmental risk management
association or self insurance pool of which the public
body is a member.
(13) Conciliation of complaints of discrimination in
the sale or rental of housing, when closed meetings are
authorized by the law or ordinance prescribing fair
housing practices and creating a commission or
administrative agency for their enforcement.
(14) Informant sources, the hiring or assignment of
undercover personnel or equipment, or ongoing, prior or

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future criminal investigations, when discussed by a public
body with criminal investigatory responsibilities.
(15) Professional ethics or performance when
considered by an advisory body appointed to advise a
licensing or regulatory agency on matters germane to the
advisory body's field of competence.
(16) Self evaluation, practices and procedures or
professional ethics, when meeting with a representative of
a statewide association of which the public body is a
member.
(17) The recruitment, credentialing, discipline or
formal peer review of physicians or other health care
professionals, or for the discussion of matters protected
under the federal Patient Safety and Quality Improvement
Act of 2005, and the regulations promulgated thereunder,
including 42 C.F.R. Part 3 (73 FR 70732), or the federal
Health Insurance Portability and Accountability Act of
1996, and the regulations promulgated thereunder,
including 45 C.F.R. Parts 160, 162, and 164, by a
hospital, or other institution providing medical care,
that is operated by the public body.
(18) Deliberations for decisions of the Prisoner
Review Board.
(19) Review or discussion of applications received
under the Experimental Organ Transplantation Procedures
Act.

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(20) The classification and discussion of matters
classified as confidential or continued confidential by
the State Government Suggestion Award Board.
(21) Discussion of minutes of meetings lawfully closed
under this Act, whether for purposes of approval by the
body of the minutes or semi-annual review of the minutes
as mandated by Section 2.06.
(22) Deliberations for decisions of the State
Emergency Medical Services Disciplinary Review Board.
(23) The operation by a municipality of a municipal
utility or the operation of a municipal power agency or
municipal natural gas agency when the discussion involves
(i) contracts relating to the purchase, sale, or delivery
of electricity or natural gas or (ii) the results or
conclusions of load forecast studies.
(24) Meetings of a residential health care facility
resident sexual assault and death review team or the
Executive Council under the Abuse Prevention Review Team
Act.
(25) Meetings of an independent team of experts under
Brian's Law.
(26) Meetings of a mortality review team appointed
under the Department of Juvenile Justice Mortality Review
Team Act.
(27) (Blank).
(28) Correspondence and records (i) that may not be

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disclosed under Section 11-9 of the Illinois Public Aid
Code or (ii) that pertain to appeals under Section 11-8 of
the Illinois Public Aid Code.
(29) Meetings between internal or external auditors
and governmental audit committees, finance committees, and
their equivalents, when the discussion involves internal
control weaknesses, identification of potential fraud risk
areas, known or suspected frauds, and fraud interviews
conducted in accordance with generally accepted auditing
standards of the United States of America.
(30) Those meetings or portions of meetings of a
fatality review team or the Illinois Fatality Review Team
Advisory Council during which a review of the death of an
eligible adult in which abuse or neglect is suspected,
alleged, or substantiated is conducted pursuant to Section
15 of the Adult Protective Services Act.
(31) (Blank). Meetings and deliberations for decisions
of the Concealed Carry Licensing Review Board under the
Firearm Concealed Carry Act.
(32) Meetings between the Regional Transportation
Authority Board and its Service Boards when the discussion
involves review by the Regional Transportation Authority
Board of employment contracts under Section 28d of the
Metropolitan Transit Authority Act and Sections 3A.18 and
3B.26 of the Regional Transportation Authority Act.
(33) Those meetings or portions of meetings of the

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advisory committee and peer review subcommittee created
under Section 320 of the Illinois Controlled Substances
Act during which specific controlled substance prescriber,
dispenser, or patient information is discussed.
(34) Meetings of the Tax Increment Financing Reform
Task Force under Section 2505-800 of the Department of
Revenue Law of the Civil Administrative Code of Illinois.
(35) Meetings of the group established to discuss
Medicaid capitation rates under Section 5-30.8 of the
Illinois Public Aid Code.
(36) Those deliberations or portions of deliberations
for decisions of the Illinois Gaming Board in which there
is discussed any of the following: (i) personal,
commercial, financial, or other information obtained from
any source that is privileged, proprietary, confidential,
or a trade secret; or (ii) information specifically
exempted from the disclosure by federal or State law.
(37) Deliberations for decisions of the Illinois Law
Enforcement Training Standards Board, the Certification
Review Panel, and the Illinois State Police Merit Board
regarding certification and decertification.
(38) Meetings of the Ad Hoc Statewide Domestic
Violence Fatality Review Committee of the Illinois
Criminal Justice Information Authority Board that occur in
closed executive session under subsection (d) of Section
35 of the Domestic Violence Fatality Review Act.

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(39) Meetings of the regional review teams under
subsection (a) of Section 75 of the Domestic Violence
Fatality Review Act.
(40) Meetings of the Firearm Owner's Identification
Card Review Board under Section 10 of the Firearm Owners
Identification Card Act.
(d) Definitions. For purposes of this Section:
"Employee" means a person employed by a public body whose
relationship with the public body constitutes an
employer-employee relationship under the usual common law
rules, and who is not an independent contractor.
"Public office" means a position created by or under the
Constitution or laws of this State, the occupant of which is
charged with the exercise of some portion of the sovereign
power of this State. The term "public office" shall include
members of the public body, but it shall not include
organizational positions filled by members thereof, whether
established by law or by a public body itself, that exist to
assist the body in the conduct of its business.
"Quasi-adjudicative body" means an administrative body
charged by law or ordinance with the responsibility to conduct
hearings, receive evidence or testimony and make
determinations based thereon, but does not include local
electoral boards when such bodies are considering petition
challenges.
(e) Final action. No final action may be taken at a closed

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meeting. Final action shall be preceded by a public recital of
the nature of the matter being considered and other
information that will inform the public of the business being
conducted.
(Source: P.A. 102-237, eff. 1-1-22; 102-520, eff. 8-20-21;
102-558, eff. 8-20-21; 102-813, eff. 5-13-22; 103-311, eff.
7-28-23.)
Section 10. The Freedom of Information Act is amended by
changing Section 7.5 as follows:
(5 ILCS 140/7.5)
(Text of Section before amendment by P.A. 103-472)
Sec. 7.5. Statutory exemptions. To the extent provided for
by the statutes referenced below, the following shall be
exempt from inspection and copying:
(a) All information determined to be confidential
under Section 4002 of the Technology Advancement and
Development Act.
(b) Library circulation and order records identifying
library users with specific materials under the Library
Records Confidentiality Act.
(c) Applications, related documents, and medical
records received by the Experimental Organ Transplantation
Procedures Board and any and all documents or other
records prepared by the Experimental Organ Transplantation

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Procedures Board or its staff relating to applications it
has received.
(d) Information and records held by the Department of
Public Health and its authorized representatives relating
to known or suspected cases of sexually transmissible
disease or any information the disclosure of which is
restricted under the Illinois Sexually Transmissible
Disease Control Act.
(e) Information the disclosure of which is exempted
under Section 30 of the Radon Industry Licensing Act.
(f) Firm performance evaluations under Section 55 of
the Architectural, Engineering, and Land Surveying
Qualifications Based Selection Act.
(g) Information the disclosure of which is restricted
and exempted under Section 50 of the Illinois Prepaid
Tuition Act.
(h) Information the disclosure of which is exempted
under the State Officials and Employees Ethics Act, and
records of any lawfully created State or local inspector
general's office that would be exempt if created or
obtained by an Executive Inspector General's office under
that Act.
(i) Information contained in a local emergency energy
plan submitted to a municipality in accordance with a
local emergency energy plan ordinance that is adopted
under Section 11-21.5-5 of the Illinois Municipal Code.

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(j) Information and data concerning the distribution
of surcharge moneys collected and remitted by carriers
under the Emergency Telephone System Act.
(k) Law enforcement officer identification information
or driver identification information compiled by a law
enforcement agency or the Department of Transportation
under Section 11-212 of the Illinois Vehicle Code.
(l) Records and information provided to a residential
health care facility resident sexual assault and death
review team or the Executive Council under the Abuse
Prevention Review Team Act.
(m) Information provided to the predatory lending
database created pursuant to Article 3 of the Residential
Real Property Disclosure Act, except to the extent
authorized under that Article.
(n) Defense budgets and petitions for certification of
compensation and expenses for court appointed trial
counsel as provided under Sections 10 and 15 of the
Capital Crimes Litigation Act (repealed). This subsection
(n) shall apply until the conclusion of the trial of the
case, even if the prosecution chooses not to pursue the
death penalty prior to trial or sentencing.
(o) Information that is prohibited from being
disclosed under Section 4 of the Illinois Health and
Hazardous Substances Registry Act.
(p) Security portions of system safety program plans,

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investigation reports, surveys, schedules, lists, data, or
information compiled, collected, or prepared by or for the
Department of Transportation under Sections 2705-300 and
2705-616 of the Department of Transportation Law of the
Civil Administrative Code of Illinois, the Regional
Transportation Authority under Section 2.11 of the
Regional Transportation Authority Act, or the St. Clair
County Transit District under the Bi-State Transit Safety
Act (repealed).
(q) Information prohibited from being disclosed by the
Personnel Record Review Act.
(r) Information prohibited from being disclosed by the
Illinois School Student Records Act.
(s) Information the disclosure of which is restricted
under Section 5-108 of the Public Utilities Act.
(t) (Blank).
(u) Records and information provided to an independent
team of experts under the Developmental Disability and
Mental Health Safety Act (also known as Brian's Law).
(v) Names and information of people who have applied
for or received Firearm Owner's Identification Cards under
the Firearm Owners Identification Card Act or applied for
or received a concealed carry license under the Firearm
Concealed Carry Act, unless otherwise authorized by the
Firearm Concealed Carry Act; and databases under the
Firearm Concealed Carry Act, records of the Concealed

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Carry Licensing Review Board under the Firearm Concealed
Carry Act, and law enforcement agency objections under the
Firearm Concealed Carry Act.
(v-5) Records of the Firearm Owner's Identification
Card Review Board that are exempted from disclosure under
Section 10 of the Firearm Owners Identification Card Act.
(w) Personally identifiable information which is
exempted from disclosure under subsection (g) of Section
19.1 of the Toll Highway Act.
(x) Information which is exempted from disclosure
under Section 5-1014.3 of the Counties Code or Section
8-11-21 of the Illinois Municipal Code.
(y) Confidential information under the Adult
Protective Services Act and its predecessor enabling
statute, the Elder Abuse and Neglect Act, including
information about the identity and administrative finding
against any caregiver of a verified and substantiated
decision of abuse, neglect, or financial exploitation of
an eligible adult maintained in the Registry established
under Section 7.5 of the Adult Protective Services Act.
(z) Records and information provided to a fatality
review team or the Illinois Fatality Review Team Advisory
Council under Section 15 of the Adult Protective Services
Act.
(aa) Information which is exempted from disclosure
under Section 2.37 of the Wildlife Code.

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(bb) Information which is or was prohibited from
disclosure by the Juvenile Court Act of 1987.
(cc) Recordings made under the Law Enforcement
Officer-Worn Body Camera Act, except to the extent
authorized under that Act.
(dd) Information that is prohibited from being
disclosed under Section 45 of the Condominium and Common
Interest Community Ombudsperson Act.
(ee) Information that is exempted from disclosure
under Section 30.1 of the Pharmacy Practice Act.
(ff) Information that is exempted from disclosure
under the Revised Uniform Unclaimed Property Act.
(gg) Information that is prohibited from being
disclosed under Section 7-603.5 of the Illinois Vehicle
Code.
(hh) Records that are exempt from disclosure under
Section 1A-16.7 of the Election Code.
(ii) Information which is exempted from disclosure
under Section 2505-800 of the Department of Revenue Law of
the Civil Administrative Code of Illinois.
(jj) Information and reports that are required to be
submitted to the Department of Labor by registering day
and temporary labor service agencies but are exempt from
disclosure under subsection (a-1) of Section 45 of the Day
and Temporary Labor Services Act.
(kk) Information prohibited from disclosure under the

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Seizure and Forfeiture Reporting Act.
(ll) Information the disclosure of which is restricted
and exempted under Section 5-30.8 of the Illinois Public
Aid Code.
(mm) Records that are exempt from disclosure under
Section 4.2 of the Crime Victims Compensation Act.
(nn) Information that is exempt from disclosure under
Section 70 of the Higher Education Student Assistance Act.
(oo) Communications, notes, records, and reports
arising out of a peer support counseling session
prohibited from disclosure under the First Responders
Suicide Prevention Act.
(pp) Names and all identifying information relating to
an employee of an emergency services provider or law
enforcement agency under the First Responders Suicide
Prevention Act.
(qq) Information and records held by the Department of
Public Health and its authorized representatives collected
under the Reproductive Health Act.
(rr) Information that is exempt from disclosure under
the Cannabis Regulation and Tax Act.
(ss) Data reported by an employer to the Department of
Human Rights pursuant to Section 2-108 of the Illinois
Human Rights Act.
(tt) Recordings made under the Children's Advocacy
Center Act, except to the extent authorized under that

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Act.
(uu) Information that is exempt from disclosure under
Section 50 of the Sexual Assault Evidence Submission Act.
(vv) Information that is exempt from disclosure under
subsections (f) and (j) of Section 5-36 of the Illinois
Public Aid Code.
(ww) Information that is exempt from disclosure under
Section 16.8 of the State Treasurer Act.
(xx) Information that is exempt from disclosure or
information that shall not be made public under the
Illinois Insurance Code.
(yy) Information prohibited from being disclosed under
the Illinois Educational Labor Relations Act.
(zz) Information prohibited from being disclosed under
the Illinois Public Labor Relations Act.
(aaa) Information prohibited from being disclosed
under Section 1-167 of the Illinois Pension Code.
(bbb) Information that is prohibited from disclosure
by the Illinois Police Training Act and the Illinois State
Police Act.
(ccc) Records exempt from disclosure under Section
2605-304 of the Illinois State Police Law of the Civil
Administrative Code of Illinois.
(ddd) Information prohibited from being disclosed
under Section 35 of the Address Confidentiality for
Victims of Domestic Violence, Sexual Assault, Human

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Trafficking, or Stalking Act.
(eee) Information prohibited from being disclosed
under subsection (b) of Section 75 of the Domestic
Violence Fatality Review Act.
(fff) Images from cameras under the Expressway Camera
Act. This subsection (fff) is inoperative on and after
July 1, 2025.
(ggg) Information prohibited from disclosure under
paragraph (3) of subsection (a) of Section 14 of the Nurse
Agency Licensing Act.
(hhh) Information submitted to the Illinois State
Police in an affidavit or application for an assault
weapon endorsement, assault weapon attachment endorsement,
.50 caliber rifle endorsement, or .50 caliber cartridge
endorsement under the Firearm Owners Identification Card
Act.
(iii) Data exempt from disclosure under Section 50 of
the School Safety Drill Act.
(jjj) (hhh) Information exempt from disclosure under
Section 30 of the Insurance Data Security Law.
(kkk) (iii) Confidential business information
prohibited from disclosure under Section 45 of the Paint
Stewardship Act.
(lll) (Reserved).
(mmm) (iii) Information prohibited from being
disclosed under subsection (e) of Section 1-129 of the

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Illinois Power Agency Act.
(Source: P.A. 102-36, eff. 6-25-21; 102-237, eff. 1-1-22;
102-292, eff. 1-1-22; 102-520, eff. 8-20-21; 102-559, eff.
8-20-21; 102-813, eff. 5-13-22; 102-946, eff. 7-1-22;
102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; 103-8, eff.
6-7-23; 103-34, eff. 6-9-23; 103-142, eff. 1-1-24; 103-372,
eff. 1-1-24; 103-508, eff. 8-4-23; 103-580, eff. 12-8-23;
revised 1-2-24.)
(Text of Section after amendment by P.A. 103-472)
Sec. 7.5. Statutory exemptions. To the extent provided for
by the statutes referenced below, the following shall be
exempt from inspection and copying:
(a) All information determined to be confidential
under Section 4002 of the Technology Advancement and
Development Act.
(b) Library circulation and order records identifying
library users with specific materials under the Library
Records Confidentiality Act.
(c) Applications, related documents, and medical
records received by the Experimental Organ Transplantation
Procedures Board and any and all documents or other
records prepared by the Experimental Organ Transplantation
Procedures Board or its staff relating to applications it
has received.
(d) Information and records held by the Department of

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Public Health and its authorized representatives relating
to known or suspected cases of sexually transmissible
disease or any information the disclosure of which is
restricted under the Illinois Sexually Transmissible
Disease Control Act.
(e) Information the disclosure of which is exempted
under Section 30 of the Radon Industry Licensing Act.
(f) Firm performance evaluations under Section 55 of
the Architectural, Engineering, and Land Surveying
Qualifications Based Selection Act.
(g) Information the disclosure of which is restricted
and exempted under Section 50 of the Illinois Prepaid
Tuition Act.
(h) Information the disclosure of which is exempted
under the State Officials and Employees Ethics Act, and
records of any lawfully created State or local inspector
general's office that would be exempt if created or
obtained by an Executive Inspector General's office under
that Act.
(i) Information contained in a local emergency energy
plan submitted to a municipality in accordance with a
local emergency energy plan ordinance that is adopted
under Section 11-21.5-5 of the Illinois Municipal Code.
(j) Information and data concerning the distribution
of surcharge moneys collected and remitted by carriers
under the Emergency Telephone System Act.

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(k) Law enforcement officer identification information
or driver identification information compiled by a law
enforcement agency or the Department of Transportation
under Section 11-212 of the Illinois Vehicle Code.
(l) Records and information provided to a residential
health care facility resident sexual assault and death
review team or the Executive Council under the Abuse
Prevention Review Team Act.
(m) Information provided to the predatory lending
database created pursuant to Article 3 of the Residential
Real Property Disclosure Act, except to the extent
authorized under that Article.
(n) Defense budgets and petitions for certification of
compensation and expenses for court appointed trial
counsel as provided under Sections 10 and 15 of the
Capital Crimes Litigation Act (repealed). This subsection
(n) shall apply until the conclusion of the trial of the
case, even if the prosecution chooses not to pursue the
death penalty prior to trial or sentencing.
(o) Information that is prohibited from being
disclosed under Section 4 of the Illinois Health and
Hazardous Substances Registry Act.
(p) Security portions of system safety program plans,
investigation reports, surveys, schedules, lists, data, or
information compiled, collected, or prepared by or for the
Department of Transportation under Sections 2705-300 and

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2705-616 of the Department of Transportation Law of the
Civil Administrative Code of Illinois, the Regional
Transportation Authority under Section 2.11 of the
Regional Transportation Authority Act, or the St. Clair
County Transit District under the Bi-State Transit Safety
Act (repealed).
(q) Information prohibited from being disclosed by the
Personnel Record Review Act.
(r) Information prohibited from being disclosed by the
Illinois School Student Records Act.
(s) Information the disclosure of which is restricted
under Section 5-108 of the Public Utilities Act.
(t) (Blank).
(u) Records and information provided to an independent
team of experts under the Developmental Disability and
Mental Health Safety Act (also known as Brian's Law).
(v) Names and information of people who have applied
for or received Firearm Owner's Identification Cards under
the Firearm Owners Identification Card Act or applied for
or received a concealed carry license under the Firearm
Concealed Carry Act, unless otherwise authorized by the
Firearm Concealed Carry Act; and databases under the
Firearm Concealed Carry Act, records of the Concealed
Carry Licensing Review Board under the Firearm Concealed
Carry Act, and law enforcement agency objections under the
Firearm Concealed Carry Act.

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(v-5) Records of the Firearm Owner's Identification
Card Review Board that are exempted from disclosure under
Section 10 of the Firearm Owners Identification Card Act.
(w) Personally identifiable information which is
exempted from disclosure under subsection (g) of Section
19.1 of the Toll Highway Act.
(x) Information which is exempted from disclosure
under Section 5-1014.3 of the Counties Code or Section
8-11-21 of the Illinois Municipal Code.
(y) Confidential information under the Adult
Protective Services Act and its predecessor enabling
statute, the Elder Abuse and Neglect Act, including
information about the identity and administrative finding
against any caregiver of a verified and substantiated
decision of abuse, neglect, or financial exploitation of
an eligible adult maintained in the Registry established
under Section 7.5 of the Adult Protective Services Act.
(z) Records and information provided to a fatality
review team or the Illinois Fatality Review Team Advisory
Council under Section 15 of the Adult Protective Services
Act.
(aa) Information which is exempted from disclosure
under Section 2.37 of the Wildlife Code.
(bb) Information which is or was prohibited from
disclosure by the Juvenile Court Act of 1987.
(cc) Recordings made under the Law Enforcement

HB5785 - 24 - LRB103 39901 RLC 70908 b
Officer-Worn Body Camera Act, except to the extent
authorized under that Act.
(dd) Information that is prohibited from being
disclosed under Section 45 of the Condominium and Common
Interest Community Ombudsperson Act.
(ee) Information that is exempted from disclosure
under Section 30.1 of the Pharmacy Practice Act.
(ff) Information that is exempted from disclosure
under the Revised Uniform Unclaimed Property Act.
(gg) Information that is prohibited from being
disclosed under Section 7-603.5 of the Illinois Vehicle
Code.
(hh) Records that are exempt from disclosure under
Section 1A-16.7 of the Election Code.
(ii) Information which is exempted from disclosure
under Section 2505-800 of the Department of Revenue Law of
the Civil Administrative Code of Illinois.
(jj) Information and reports that are required to be
submitted to the Department of Labor by registering day
and temporary labor service agencies but are exempt from
disclosure under subsection (a-1) of Section 45 of the Day
and Temporary Labor Services Act.
(kk) Information prohibited from disclosure under the
Seizure and Forfeiture Reporting Act.
(ll) Information the disclosure of which is restricted
and exempted under Section 5-30.8 of the Illinois Public

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Aid Code.
(mm) Records that are exempt from disclosure under
Section 4.2 of the Crime Victims Compensation Act.
(nn) Information that is exempt from disclosure under
Section 70 of the Higher Education Student Assistance Act.
(oo) Communications, notes, records, and reports
arising out of a peer support counseling session
prohibited from disclosure under the First Responders
Suicide Prevention Act.
(pp) Names and all identifying information relating to
an employee of an emergency services provider or law
enforcement agency under the First Responders Suicide
Prevention Act.
(qq) Information and records held by the Department of
Public Health and its authorized representatives collected
under the Reproductive Health Act.
(rr) Information that is exempt from disclosure under
the Cannabis Regulation and Tax Act.
(ss) Data reported by an employer to the Department of
Human Rights pursuant to Section 2-108 of the Illinois
Human Rights Act.
(tt) Recordings made under the Children's Advocacy
Center Act, except to the extent authorized under that
Act.
(uu) Information that is exempt from disclosure under
Section 50 of the Sexual Assault Evidence Submission Act.

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(vv) Information that is exempt from disclosure under
subsections (f) and (j) of Section 5-36 of the Illinois
Public Aid Code.
(ww) Information that is exempt from disclosure under
Section 16.8 of the State Treasurer Act.
(xx) Information that is exempt from disclosure or
information that shall not be made public under the
Illinois Insurance Code.
(yy) Information prohibited from being disclosed under
the Illinois Educational Labor Relations Act.
(zz) Information prohibited from being disclosed under
the Illinois Public Labor Relations Act.
(aaa) Information prohibited from being disclosed
under Section 1-167 of the Illinois Pension Code.
(bbb) Information that is prohibited from disclosure
by the Illinois Police Training Act and the Illinois State
Police Act.
(ccc) Records exempt from disclosure under Section
2605-304 of the Illinois State Police Law of the Civil
Administrative Code of Illinois.
(ddd) Information prohibited from being disclosed
under Section 35 of the Address Confidentiality for
Victims of Domestic Violence, Sexual Assault, Human
Trafficking, or Stalking Act.
(eee) Information prohibited from being disclosed
under subsection (b) of Section 75 of the Domestic

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Violence Fatality Review Act.
(fff) Images from cameras under the Expressway Camera
Act. This subsection (fff) is inoperative on and after
July 1, 2025.
(ggg) Information prohibited from disclosure under
paragraph (3) of subsection (a) of Section 14 of the Nurse
Agency Licensing Act.
(hhh) Information submitted to the Illinois State
Police in an affidavit or application for an assault
weapon endorsement, assault weapon attachment endorsement,
.50 caliber rifle endorsement, or .50 caliber cartridge
endorsement under the Firearm Owners Identification Card
Act.
(iii) Data exempt from disclosure under Section 50 of
the School Safety Drill Act.
(jjj) (hhh) Information exempt from disclosure under
Section 30 of the Insurance Data Security Law.
(kkk) (iii) Confidential business information
prohibited from disclosure under Section 45 of the Paint
Stewardship Act.
(lll) (iii) Data exempt from disclosure under Section
2-3.196 of the School Code.
(mmm) (iii) Information prohibited from being
disclosed under subsection (e) of Section 1-129 of the
Illinois Power Agency Act.
(Source: P.A. 102-36, eff. 6-25-21; 102-237, eff. 1-1-22;

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102-292, eff. 1-1-22; 102-520, eff. 8-20-21; 102-559, eff.
8-20-21; 102-813, eff. 5-13-22; 102-946, eff. 7-1-22;
102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; 103-8, eff.
6-7-23; 103-34, eff. 6-9-23; 103-142, eff. 1-1-24; 103-372,
eff. 1-1-24; 103-472, eff. 8-1-24; 103-508, eff. 8-4-23;
103-580, eff. 12-8-23; revised 1-2-24.)
Section 15. The Illinois TRUST Act is amended by changing
Section 15 as follows:
(5 ILCS 805/15)
Sec. 15. Prohibition on enforcing federal civil
immigration laws.
(a) A law enforcement agency or law enforcement official
shall not detain or continue to detain any individual solely
on the basis of any immigration detainer or civil immigration
warrant or otherwise comply with an immigration detainer or
civil immigration warrant.
(b) A law enforcement agency or law enforcement official
shall not stop, arrest, search, detain, or continue to detain
a person solely based on an individual's citizenship or
immigration status.
(c) (Blank).
(d) A law enforcement agency or law enforcement official
acting in good faith in compliance with this Section who
releases a person subject to an immigration detainer or civil

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immigration warrant shall have immunity from any civil or
criminal liability that might otherwise occur as a result of
making the release, with the exception of willful or wanton
misconduct.
(e) A law enforcement agency or law enforcement official
may not inquire about or investigate the citizenship or
immigration status or place of birth of any individual in the
agency or official's custody or who has otherwise been stopped
or detained by the agency or official. Nothing in this
subsection shall be construed to limit the ability of a law
enforcement agency or law enforcement official, pursuant to
State or federal law, to notify a person in the law enforcement
agency's custody about that person's right to communicate with
consular officers from that person's country of nationality,
or facilitate such communication, in accordance with the
Vienna Convention on Consular Relations or other bilateral
agreements. Nothing in this subsection shall be construed to
limit the ability of a law enforcement agency or law
enforcement official to request evidence of citizenship or
immigration status pursuant to the Firearm Owners
Identification Card Act, the Firearm Concealed Carry Act,
Article 24 of the Criminal Code of 2012, or 18 United States
Code Sections 921 through 931.
(f) Unless otherwise limited by federal law, a law
enforcement agency or law enforcement official may not deny
services, benefits, privileges, or opportunities to an

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individual in custody or under probation status, including,
but not limited to, eligibility for or placement in a lower
custody classification, educational, rehabilitative, or
diversionary programs, on the basis of the individual's
citizenship or immigration status, the issuance of an
immigration detainer or civil immigration warrant against the
individual, or the individual being in immigration removal
proceedings.
(g)(1) No law enforcement agency, law enforcement
official, or any unit of State or local government may enter
into or renew any contract, intergovernmental service
agreement, or any other agreement to house or detain
individuals for federal civil immigration violations.
(2) Any law enforcement agency, law enforcement official,
or unit of State or local government with an existing
contract, intergovernmental agreement, or other agreement,
whether in whole or in part, that is utilized to house or
detain individuals for civil immigration violations shall
exercise the termination provision in the agreement as applied
to housing or detaining individuals for civil immigration
violations no later than January 1, 2022.
(h) Unless presented with a federal criminal warrant, or
otherwise required by federal law, a law enforcement agency or
official may not:
(1) participate, support, or assist in any capacity
with an immigration agent's enforcement operations,

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including any collateral assistance such as coordinating
an arrest in a courthouse or other public facility,
providing use of any equipment, transporting any
individuals, or establishing a security or traffic
perimeter surrounding such operations, or any other
on-site support;
(2) give any immigration agent access, including by
telephone, to any individual who is in that agency's
custody;
(3) transfer any person into an immigration agent's
custody;
(4) permit immigration agents use of agency facilities
or equipment, including any agency electronic databases
not available to the public, for investigative interviews
or other investigative or immigration enforcement purpose;
(5) enter into or maintain any agreement regarding
direct access to any electronic database or other
data-sharing platform maintained by any law enforcement
agency, or otherwise provide such direct access to the
U.S. Immigration and Customs Enforcement, United States
Customs and Border Protection or any other federal entity
enforcing civil immigration violations;
(6) provide information in response to any immigration
agent's inquiry or request for information regarding any
individual in the agency's custody; or
(7) provide to any immigration agent information not

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otherwise available to the public relating to an
individual's release or contact information, or otherwise
facilitate for an immigration agent to apprehend or
question an individual for immigration enforcement.
(i) Nothing in this Section shall preclude a law
enforcement official from otherwise executing that official's
duties in investigating violations of criminal law and
cooperating in such investigations with federal and other law
enforcement agencies (including criminal investigations
conducted by federal Homeland Security Investigations (HSI))
in order to ensure public safety.
(Source: P.A. 102-234, eff. 8-2-21; 103-154, eff. 6-30-23.)
Section 20. The Gun Trafficking Information Act is amended
by changing Section 10-5 as follows:
(5 ILCS 830/10-5)
Sec. 10-5. Gun trafficking information.
(a) The Illinois State Police shall use all reasonable
efforts, as allowed by State law and regulations, federal law
and regulations, and executed Memoranda of Understanding
between Illinois law enforcement agencies and the U.S. Bureau
of Alcohol, Tobacco, Firearms and Explosives, in making
publicly available, on a regular and ongoing basis, key
information related to firearms used in the commission of
crimes in this State, including, but not limited to: reports

HB5785 - 33 - LRB103 39901 RLC 70908 b
on crimes committed with firearms, locations where the crimes
occurred, the number of persons killed or injured in the
commission of the crimes, the state where the firearms used
originated, the Federal Firearms Licensee that sold the
firearm, the type of firearms used, if known, annual
statistical information concerning Firearm Owner's
Identification Card and concealed carry license applications,
revocations, and compliance with Section 9.5 of the Firearm
Owners Identification Card Act, the information required in
the report or on the Illinois State Police's website under
Section 85 of the Firearms Restraining Order Act, and firearm
dealer license certification inspections. The Illinois State
Police shall make the information available on its website,
which may be presented in a dashboard format, in addition to
electronically filing a report with the Governor and the
General Assembly. The report to the General Assembly shall be
filed with the Clerk of the House of Representatives and the
Secretary of the Senate in electronic form only, in the manner
that the Clerk and the Secretary shall direct.
(b) The Illinois State Police shall study, on a regular
and ongoing basis, and compile reports on the number of
Firearm Owner's Identification Card checks to determine
firearms trafficking or straw purchase patterns. The Illinois
State Police shall, to the extent not inconsistent with law,
share such reports and underlying data with academic centers,
foundations, and law enforcement agencies studying firearms

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trafficking, provided that personally identifying information
is protected. For purposes of this subsection (b), a Firearm
Owner's Identification Card number is not personally
identifying information, provided that no other personal
information of the card holder is attached to the record. The
Illinois State Police may create and attach an alternate
unique identifying number to each Firearm Owner's
Identification Card number, instead of releasing the Firearm
Owner's Identification Card number itself.
(c) Each department, office, division, and agency of this
State shall, to the extent not inconsistent with law,
cooperate fully with the Illinois State Police and furnish the
Illinois State Police with all relevant information and
assistance on a timely basis as is necessary to accomplish the
purpose of this Act. The Illinois Criminal Justice Information
Authority shall submit the information required in subsection
(a) of this Section to the Illinois State Police, and any other
information as the Illinois State Police may request, to
assist the Illinois State Police in carrying out its duties
under this Act.
(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
102-813, eff. 5-13-22; 103-34, eff. 6-9-23.)
(15 ILCS 305/13.5 rep.)
Section 25. The Secretary of State Act is amended by
repealing Section 13.5.

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Section 30. The Department of State Police Law of the
Civil Administrative Code of Illinois is amended by changing
Sections 2605-10, 2605-45, 2605-200, 2605-300, 2605-595, and
2605-605 as follows:
(20 ILCS 2605/2605-10) (was 20 ILCS 2605/55a in part)
Sec. 2605-10. Powers and duties, generally.
(a) The Illinois State Police shall exercise the rights,
powers, and duties that have been vested in the Illinois State
Police by the following:
The Illinois State Police Act.
The Illinois State Police Radio Act.
The Criminal Identification Act.
The Illinois Vehicle Code.
The Firearm Owners Identification Card Act.
The Firearm Concealed Carry Act.
The Firearm Dealer License Certification Act.
The Intergovernmental Missing Child Recovery Act of
1984.
The Intergovernmental Drug Laws Enforcement Act.
The Narcotic Control Division Abolition Act.
The Illinois Uniform Conviction Information Act.
The Murderer and Violent Offender Against Youth
Registration Act.
(b) The Illinois State Police shall have the powers and

HB5785 - 36 - LRB103 39901 RLC 70908 b
duties set forth in the following Sections.
(c) The Illinois State Police shall exercise the rights,
powers, and duties vested in the Illinois State Police to
implement the following protective service functions for State
facilities, State officials, and State employees serving in
their official capacity:
(1) Utilize subject matter expertise and law
enforcement authority to strengthen the protection of
State government facilities, State employees, State
officials, and State critical infrastructure.
(2) Coordinate State, federal, and local law
enforcement activities involving the protection of State
facilities, officials, and employees.
(3) Conduct investigations of criminal threats to
State facilities, State critical infrastructure, State
officials, and State employees.
(4) Train State officials and employees in personal
protection, crime prevention, facility occupant emergency
planning, and incident management.
(5) Establish standard protocols for prevention and
response to criminal threats to State facilities, State
officials, State employees, and State critical
infrastructure and standard protocols for reporting of
suspicious activities.
(6) Establish minimum operational standards,
qualifications, training, and compliance requirements for

HB5785 - 37 - LRB103 39901 RLC 70908 b
State employees and contractors engaged in the protection
of State facilities and employees.
(7) At the request of departments or agencies of State
government, conduct security assessments, including, but
not limited to, examination of alarm systems, cameras
systems, access points, personnel readiness, and emergency
protocols based on risk and need.
(8) Oversee the planning and implementation of
security and law enforcement activities necessary for the
protection of major, multi-jurisdictional events
implicating potential criminal threats to State officials,
State employees, or State-owned, State-leased, or
State-operated critical infrastructure or facilities.
(9) Oversee and direct the planning and implementation
of security and law enforcement activities by the
departments and agencies of the State necessary for the
protection of State employees, State officials, and
State-owned, State-leased, or State-operated critical
infrastructure or facilities from criminal activity.
(10) Advise the Governor and Homeland Security Advisor
on any matters necessary for the effective protection of
State facilities, critical infrastructure, officials, and
employees from criminal threats.
(11) Utilize intergovernmental agreements and
administrative rules as needed for the effective,
efficient implementation of law enforcement and support

HB5785 - 38 - LRB103 39901 RLC 70908 b
activities necessary for the protection of State
facilities, State infrastructure, State employees, and,
upon the express written consent of State constitutional
officials, State constitutional officials.
(Source: P.A. 102-538, eff. 8-20-21; 103-34, eff. 1-1-24;
103-564, eff. 11-17-23.)
(20 ILCS 2605/2605-45) (was 20 ILCS 2605/55a-5)
Sec. 2605-45. Division of Justice Services. The Division
of Justice Services shall provide administrative and technical
services and support to the Illinois State Police, criminal
justice agencies, and the public and shall exercise the
following functions:
(1) Operate and maintain the Law Enforcement Agencies
Data System (LEADS), a statewide, computerized
telecommunications system designed to provide services,
information, and capabilities to the law enforcement and
criminal justice community in the State of Illinois. The
Director is responsible for establishing policy,
procedures, and regulations consistent with State and
federal rules, policies, and law by which LEADS operates.
The Director shall designate a statewide LEADS
Administrator for management of the system. The Director
may appoint a LEADS Advisory Policy Board to reflect the
needs and desires of the law enforcement and criminal
justice community and to make recommendations concerning

HB5785 - 39 - LRB103 39901 RLC 70908 b
policies and procedures.
(2) Pursue research and the publication of studies
pertaining to local law enforcement activities.
(3) Serve as the State's point of contact for the
Federal Bureau of Investigation's Uniform Crime Reporting
Program and National Incident-Based Reporting System.
(4) Operate an electronic data processing and computer
center for the storage and retrieval of data pertaining to
criminal activity.
(5) Exercise the rights, powers, and duties vested in
the Illinois State Police by the Cannabis Regulation and
Tax Act and the Compassionate Use of Medical Cannabis
Program Act.
(6) (Blank).
(6.5) Exercise the rights, powers, and duties vested
in the Illinois State Police by the Firearm Owners
Identification Card Act, the Firearm Concealed Carry Act,
the Firearm Transfer Inquiry Program, the prohibited
persons portal under Section 2605-304, and the Firearm
Dealer License Certification Act.
(7) Exercise other duties that may be assigned by the
Director to fulfill the responsibilities and achieve the
purposes of the Illinois State Police.
(8) Exercise the rights, powers, and duties vested by
law in the Illinois State Police by the Criminal
Identification Act and the Illinois Uniform Conviction

HB5785 - 40 - LRB103 39901 RLC 70908 b
Information Act.
(9) Exercise the powers and perform the duties that
have been vested in the Illinois State Police by the
Murderer and Violent Offender Against Youth Registration
Act, the Sex Offender Registration Act, and the Sex
Offender Community Notification Law and adopt reasonable
rules necessitated thereby.
(10) Serve as the State central repository for
criminal history record information.
(11) Share all necessary information with the
Concealed Carry Licensing Review Board and the Firearms
Owner's Identification Card Review Board necessary for the
execution of its their duties.
(Source: P.A. 102-538, eff. 8-20-21; 103-34, eff. 1-1-24.)
(20 ILCS 2605/2605-200) (was 20 ILCS 2605/55a in part)
Sec. 2605-200. Investigations of crime; enforcement of
laws; records; crime laboratories; personnel.
(a) To do the following:
(1) Investigate the origins, activities, personnel,
and incidents of crime and the ways and means to redress
the victims of crimes; study the impact, if any, of
legislation relative to the effusion of crime and growing
crime rates; and enforce the criminal laws of this State
related thereto.
(2) Enforce all laws regulating the production, sale,

HB5785 - 41 - LRB103 39901 RLC 70908 b
prescribing, manufacturing, administering, transporting,
having in possession, dispensing, delivering,
distributing, or use of controlled substances and
cannabis.
(3) Employ skilled experts, scientists, technicians,
investigators, or otherwise specially qualified persons to
aid in preventing or detecting crime, apprehending
criminals, or preparing and presenting evidence of
violations of the criminal laws of the State.
(4) Cooperate with the police of cities, villages, and
incorporated towns and with the police officers of any
county in enforcing the laws of the State and in making
arrests and recovering property.
(5) Apprehend and deliver up any person charged in
this State or any other state of the United States with
treason or a felony or other crime who has fled from
justice and is found in this State.
(6) Conduct other investigations as provided by law.
(7) Be a central repository and custodian of criminal
statistics for the State.
(8) Be a central repository for criminal history
record information.
(9) Procure and file for record information that is
necessary and helpful to plan programs of crime
prevention, law enforcement, and criminal justice.
(10) Procure and file for record copies of

HB5785 - 42 - LRB103 39901 RLC 70908 b
fingerprints that may be required by law.
(11) Establish general and field crime laboratories.
(12) Register and file for record information that may
be required by law for the issuance of firearm owner's
identification cards under the Firearm Owners
Identification Card Act and concealed carry licenses under
the Firearm Concealed Carry Act.
(13) Employ laboratory technicians and other specially
qualified persons to aid in the identification of criminal
activity and the identification, collection, and recovery
of cyber forensics, including, but not limited to, digital
evidence, and may employ polygraph operators and forensic
anthropologists.
(14) Undertake other identification, information,
laboratory, statistical, or registration activities that
may be required by law.
(b) Persons exercising the powers set forth in subsection
(a) within the Illinois State Police are conservators of the
peace and as such have all the powers possessed by policemen in
cities and sheriffs, except that they may exercise those
powers anywhere in the State in cooperation with and after
contact with the local law enforcement officials. Those
persons may use false or fictitious names in the performance
of their duties under this Section, upon approval of the
Director, and shall not be subject to prosecution under the
criminal laws for that use.

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(Source: P.A. 102-538, eff. 8-20-21; 103-34, eff. 1-1-24.)
(20 ILCS 2605/2605-595)
Sec. 2605-595. State Police Firearm Services Fund.
(a) There is created in the State treasury a special fund
known as the State Police Firearm Services Fund. The Fund
shall receive revenue under the Firearm Concealed Carry Act,
the Firearm Dealer License Certification Act, and Section 5 of
the Firearm Owners Identification Card Act. The Fund may also
receive revenue from grants, pass-through grants, donations,
appropriations, and any other legal source.
(a-5) (Blank).
(b) The Illinois State Police may use moneys in the Fund to
finance any of its lawful purposes, mandates, functions, and
duties under the Firearm Owners Identification Card Act, the
Firearm Dealer License Certification Act, and the Firearm
Concealed Carry Act, including the cost of sending notices of
expiration of Firearm Owner's Identification Cards, concealed
carry licenses, the prompt and efficient processing of
applications under the Firearm Owners Identification Card Act
and the Firearm Concealed Carry Act, the improved efficiency
and reporting of the LEADS and federal NICS law enforcement
data systems, and support for investigations required under
that Act these Acts and law. Any surplus funds beyond what is
needed to comply with the aforementioned purposes shall be
used by the Illinois State Police to improve the Law

HB5785 - 44 - LRB103 39901 RLC 70908 b
Enforcement Agencies Data System (LEADS) and criminal history
background check system.
(c) Investment income that is attributable to the
investment of moneys in the Fund shall be retained in the Fund
for the uses specified in this Section.
(Source: P.A. 102-505, eff. 8-20-21; 102-538, eff. 8-20-21;
103-363, eff. 7-28-23.)
(20 ILCS 2605/2605-605)
Sec. 2605-605. Violent Crime Intelligence Task Force. The
Director of the Illinois State Police shall establish a
statewide multi-jurisdictional Violent Crime Intelligence Task
Force led by the Illinois State Police dedicated to combating
gun violence, gun-trafficking, and other violent crime with
the primary mission of preservation of life and reducing the
occurrence and the fear of crime. The objectives of the Task
Force shall include, but not be limited to, reducing and
preventing illegal possession and use of firearms,
firearm-related homicides, and other violent crimes, and
solving firearm-related crimes.
(1) The Task Force may develop and acquire information,
training, tools, and resources necessary to implement a
data-driven approach to policing, with an emphasis on
intelligence development.
(2) The Task Force may utilize information sharing,
partnerships, crime analysis, and evidence-based practices to

HB5785 - 45 - LRB103 39901 RLC 70908 b
assist in the reduction of firearm-related shootings,
homicides, and gun-trafficking, including, but not limited to,
ballistic data, eTrace data, DNA evidence, latent
fingerprints, firearm training data, and National Integrated
Ballistic Information Network (NIBIN) data. The Task Force may
design a model crime gun intelligence strategy which may
include, but is not limited to, comprehensive collection and
documentation of all ballistic evidence, timely transfer of
NIBIN and eTrace leads to an intelligence center, which may
include the Division of Criminal Investigation of the Illinois
State Police, timely dissemination of intelligence to
investigators, investigative follow-up, and coordinated
prosecution.
(3) The Task Force may recognize and utilize best
practices of community policing and may develop potential
partnerships with faith-based and community organizations to
achieve its goals.
(4) The Task Force may identify and utilize best practices
in drug-diversion programs and other community-based services
to redirect low-level offenders.
(5) The Task Force may assist in violence suppression
strategies including, but not limited to, details in
identified locations that have shown to be the most prone to
gun violence and violent crime, focused deterrence against
violent gangs and groups considered responsible for the
violence in communities, and other intelligence driven methods

HB5785 - 46 - LRB103 39901 RLC 70908 b
deemed necessary to interrupt cycles of violence or prevent
retaliation.
(6) In consultation with the Chief Procurement Officer,
the Illinois State Police may obtain contracts for software,
commodities, resources, and equipment to assist the Task Force
with achieving this Act. Any contracts necessary to support
the delivery of necessary software, commodities, resources,
and equipment are not subject to the Illinois Procurement
Code, except for Sections 20-60, 20-65, 20-70, and 20-160 and
Article 50 of that Code, provided that the Chief Procurement
Officer may, in writing with justification, waive any
certification required under Article 50 of the Illinois
Procurement Code.
(7) The Task Force shall conduct enforcement operations
against persons whose Firearm Owner's Identification Cards
have been revoked or suspended and persons who fail to comply
with the requirements of Section 9.5 of the Firearm Owners
Identification Card Act, prioritizing individuals presenting a
clear and present danger to themselves or to others under
paragraph (2) of subsection (d) of Section 8.1 of the Firearm
Owners Identification Card Act.
(8) The Task Force shall collaborate with local law
enforcement agencies to enforce provisions of the Firearm
Owners Identification Card Act, the Firearm Concealed Carry
Act, the Firearm Dealer License Certification Act, and Article
24 of the Criminal Code of 2012.

HB5785 - 47 - LRB103 39901 RLC 70908 b
(9) To implement this Section, the Director of the
Illinois State Police may establish intergovernmental
agreements with law enforcement agencies in accordance with
the Intergovernmental Cooperation Act.
(10) Law enforcement agencies that participate in
activities described in paragraphs (7) through (9) may apply
to the Illinois State Police for grants from the State Police
Revocation Enforcement Fund.
(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
102-813, eff. 5-13-22.)
Section 35. The Illinois Criminal Justice Information Act
is amended by changing Section 7.9 as follows:
(20 ILCS 3930/7.9)
(Section scheduled to be repealed on July 1, 2027)
Sec. 7.9. Firearm Prohibitors and Records Improvement Task
Force.
(a) As used in this Section, "firearms prohibitor" means
any factor listed in Section 4 of the Firearm Owners
Identification Card Act or Section 24-3 or 24-3.1 of the
Criminal Code of 2012 that prohibits a person from
transferring or possessing a firearm, firearm ammunition, or
Firearm Owner's Identification Card, or concealed carry
license.
(b) The Firearm Prohibitors and Records Improvement Task

HB5785 - 48 - LRB103 39901 RLC 70908 b
Force is created to identify and research all available
grants, resources, and revenue that may be applied for and
used by all entities responsible for reporting federal and
State firearm prohibitors to the Illinois State Police and the
National Instant Criminal Background Check System. Under the
Firearm Owners Identification Card Act, these reporting
entities include, but are not limited to, hospitals, courts,
law enforcement and corrections. The Task Force shall identify
weaknesses in reporting and recommend a strategy to direct
resources and revenue to ensuring reporting is reliable,
accurate, and timely. The Task Force shall inventory all
statutorily mandated firearm and gun violence related data
collection and reporting requirements, along with the agency
responsible for collecting that data, and identify gaps in
those requirements. The Task Force shall submit a coordinated
application with and through the Illinois Criminal Justice
Information Authority for federal funds from the National
Criminal History Improvement Program and the NICS Acts Record
Improvement Program. The Firearm Prohibitors and Records
Improvement Task Force shall be comprised of the following
members, all of whom shall serve without compensation:
(1) the Executive Director of the Illinois Criminal
Justice Information Authority, who shall serve as Chair;
(2) the Director of the Illinois State Police, or his
or her designee;
(3) the Secretary of Human Services, or his or her

HB5785 - 49 - LRB103 39901 RLC 70908 b
designee;
(4) the Director of Corrections, or his or her
designee;
(5) the Attorney General, or his or her designee;
(6) the Director of the Administrative Office of the
Illinois Courts, or his or her designee;
(7) a representative of an association representing
circuit clerks appointed by the President of the Senate;
(8) a representative of an association representing
sheriffs appointed by the House Minority Leader;
(9) a representative of an association representing
State's Attorneys appointed by the House Minority Leader;
(10) a representative of an association representing
chiefs of police appointed by the Senate Minority Leader;
(11) a representative of an association representing
hospitals appointed by the Speaker of the House of
Representatives;
(12) a representative of an association representing
counties appointed by the President of the Senate; and
(13) a representative of an association representing
municipalities appointed by the Speaker of the House of
Representatives.
(c) The Illinois Criminal Justice Information Authority
shall provide administrative and other support to the Task
Force. The Illinois State Police Division of Justice Services
shall also provide support to the Illinois Criminal Justice

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Information Authority and the Task Force.
(d) The Task Force may meet in person or virtually and
shall issue a written report of its findings and
recommendations to General Assembly on or before July 1, 2022.
The Task Force shall issue an annual report, which shall
include information on the state of FOID data, including a
review of previous activity by the Task Force to close
previously identified gaps; identifying known (or new) gaps; a
proposal of policy and practice recommendations to close those
gaps; and a preview of expected activities of the Task Force
for the coming year.
(e) Within 60 days of the effective date of this
amendatory Act of the 102nd General Assembly, the Chair shall
establish the Task Force.
(f) This Section is repealed on July 1, 2027.
(Source: P.A. 102-237, eff. 1-1-22.)
Section 40. The State Finance Act is amended by changing
Sections 6z-99 and 6z-127 as follows:
(30 ILCS 105/6z-99)
Sec. 6z-99. The Mental Health Reporting Fund.
(a) There is created in the State treasury a special fund
known as the Mental Health Reporting Fund. The Fund shall
receive revenue under the Firearm Concealed Carry Act. The
Fund may also receive revenue from grants, pass-through

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grants, donations, appropriations, and any other legal source.
(b) The Illinois State Police and Department of Human
Services shall coordinate to use moneys in the Fund to finance
their respective duties of collecting and reporting data on
mental health records and ensuring that mental health firearm
possession prohibitors are enforced as set forth under the
Firearm Concealed Carry Act and the Firearm Owners
Identification Card Act. Any surplus in the Fund beyond what
is necessary to ensure compliance with mental health reporting
under that Act these Acts shall be used by the Department of
Human Services for mental health treatment programs as
follows: (1) 50% shall be used to fund community-based mental
health programs aimed at reducing gun violence, community
integration and education, or mental health awareness and
prevention, including administrative costs; and (2) 50% shall
be used to award grants that use and promote the National
School Mental Health Curriculum model for school-based mental
health support, integration, and services.
(c) Investment income that is attributable to the
investment of moneys in the Fund shall be retained in the Fund
for the uses specified in this Section.
(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
102-813, eff. 5-13-22.)
(30 ILCS 105/6z-127)
Sec. 6z-127. State Police Revocation Enforcement Fund.

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(a) The State Police Revocation Enforcement Fund is
established as a special fund in the State treasury. This Fund
is established to receive moneys from the Firearm Owners
Identification Card Act to enforce that Act, the Firearm
Concealed Carry Act, Article 24 of the Criminal Code of 2012,
and other firearm offenses. The Fund may also receive revenue
from grants, donations, appropriations, and any other legal
source.
(b) The Illinois State Police may use moneys from the Fund
to establish task forces and, if necessary, include other law
enforcement agencies, under intergovernmental contracts
written and executed in conformity with the Intergovernmental
Cooperation Act.
(c) The Illinois State Police may use moneys in the Fund to
hire and train State Police officers and for the prevention of
violent crime.
(d) The State Police Revocation Enforcement Fund is not
subject to administrative chargebacks.
(e) Law enforcement agencies that participate in Firearm
Owner's Identification Card revocation enforcement in the
Violent Crime Intelligence Task Force may apply for grants
from the Illinois State Police.
(f) Any surplus in the Fund beyond what is necessary to
ensure compliance with subsections (a) through (e) or moneys
that are specifically appropriated for those purposes shall be
used by the Illinois State Police to award grants to assist

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with the data reporting requirements of the Gun Trafficking
Information Act.
(Source: P.A. 102-237, eff. 1-1-22; 102-813, eff. 5-13-22;
103-34, eff. 6-9-23.)
Section 45. The Liquor Control Act of 1934 is amended by
changing Section 10-1 as follows:
(235 ILCS 5/10-1) (from Ch. 43, par. 183)
Sec. 10-1. Violations; penalties. Whereas a substantial
threat to the sound and careful control, regulation, and
taxation of the manufacture, sale, and distribution of
alcoholic liquors exists by virtue of individuals who
manufacture, import, distribute, or sell alcoholic liquors
within the State without having first obtained a valid license
to do so, and whereas such threat is especially serious along
the borders of this State, and whereas such threat requires
immediate correction by this Act, by active investigation and
prosecution by the State Commission, law enforcement
officials, and prosecutors, and by prompt and strict
enforcement through the courts of this State to punish
violators and to deter such conduct in the future:
(a) Any person who manufactures, imports for distribution
or use, transports from outside this State into this State, or
distributes or sells 108 liters (28.53 gallons) or more of
wine, 45 liters (11.88 gallons) or more of distilled spirits,

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or 118 liters (31.17 gallons) or more of beer at any place
within the State without having first obtained a valid license
to do so under the provisions of this Act shall be guilty of a
Class 4 felony for each offense. However, any person who was
duly licensed under this Act and whose license expired within
30 days prior to a violation shall be guilty of a business
offense and fined not more than $1,000 for the first such
offense and shall be guilty of a Class 4 felony for each
subsequent offense.
Any person who manufactures, imports for distribution,
transports from outside this State into this State for sale or
resale in this State, or distributes or sells less than 108
liters (28.53 gallons) of wine, less than 45 liters (11.88
gallons) of distilled spirits, or less than 118 liters (31.17
gallons) of beer at any place within the State without having
first obtained a valid license to do so under the provisions of
this Act shall be guilty of a business offense and fined not
more than $1,000 for the first such offense and shall be guilty
of a Class 4 felony for each subsequent offense. This
subsection does not apply to a motor carrier or freight
forwarder, as defined in Section 13102 of Title 49 of the
United States Code, an air carrier, as defined in Section
40102 of Title 49 of the United States Code, or a rail carrier,
as defined in Section 10102 of Title 49 of the United States
Code.
Any person who: (1) has been issued an initial cease and

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desist notice from the State Commission; and (2) for
compensation, does any of the following: (i) ships alcoholic
liquor into this State without a license authorized by Section
5-1 issued by the State Commission or in violation of that
license; or (ii) manufactures, imports for distribution,
transports from outside this State into this State for sale or
resale in this State, or distributes or sells alcoholic
liquors at any place without having first obtained a valid
license to do so is guilty of a Class 4 felony for each
offense.
(b) (1) Any retailer, caterer retailer, brew pub, special
event retailer, special use permit holder, homebrewer special
event permit holder, or craft distiller tasting permit holder
who knowingly causes alcoholic liquors to be imported directly
into the State of Illinois from outside of the State for the
purpose of furnishing, giving, or selling to another, except
when having received the product from a duly licensed
distributor or importing distributor, shall have his license
suspended for 30 days for the first offense and for the second
offense, shall have his license revoked by the Commission.
(2) In the event the State Commission receives a certified
copy of a final order from a foreign jurisdiction that an
Illinois retail licensee has been found to have violated that
foreign jurisdiction's laws, rules, or regulations concerning
the importation of alcoholic liquor into that foreign
jurisdiction, the violation may be grounds for the State

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Commission to revoke, suspend, or refuse to issue or renew a
license, to impose a fine, or to take any additional action
provided by this Act with respect to the Illinois retail
license or licensee. Any such action on the part of the State
Commission shall be in accordance with this Act and
implementing rules.
For the purposes of paragraph (2): (i) "foreign
jurisdiction" means a state, territory, or possession of the
United States, the District of Columbia, or the Commonwealth
of Puerto Rico, and (ii) "final order" means an order or
judgment of a court or administrative body that determines the
rights of the parties respecting the subject matter of the
proceeding, that remains in full force and effect, and from
which no appeal can be taken.
(c) Any person who shall make any false statement or
otherwise violates any of the provisions of this Act in
obtaining any license hereunder, or who having obtained a
license hereunder shall violate any of the provisions of this
Act with respect to the manufacture, possession, distribution
or sale of alcoholic liquor, or with respect to the
maintenance of the licensed premises, or shall violate any
other provision of this Act, shall for a first offense be
guilty of a petty offense and fined not more than $500, and for
a second or subsequent offense shall be guilty of a Class B
misdemeanor.
(c-5) (Blank). Any owner of an establishment that serves

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alcohol on its premises, if more than 50% of the
establishment's gross receipts within the prior 3 months is
from the sale of alcohol, who knowingly fails to prohibit
concealed firearms on its premises or who knowingly makes a
false statement or record to avoid the prohibition of
concealed firearms on its premises under the Firearm Concealed
Carry Act shall be guilty of a business offense with a fine up
to $5,000.
(d) Each day any person engages in business as a
manufacturer, foreign importer, importing distributor,
distributor or retailer in violation of the provisions of this
Act shall constitute a separate offense.
(e) Any person, under the age of 21 years who, for the
purpose of buying, accepting or receiving alcoholic liquor
from a licensee, represents that he is 21 years of age or over
shall be guilty of a Class A misdemeanor.
(f) In addition to the penalties herein provided, any
person licensed as a wine-maker in either class who
manufactures more wine than authorized by his license shall be
guilty of a business offense and shall be fined $1 for each
gallon so manufactured.
(g) A person shall be exempt from prosecution for a
violation of this Act if he is a peace officer in the
enforcement of the criminal laws and such activity is approved
in writing by one of the following:
(1) In all counties, the respective State's Attorney;

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(2) The Director of the Illinois State Police under
Section 2605-10, 2605-15, 2605-51, 2605-52, 2605-75,
2605-190, 2605-200, 2605-205, 2605-210, 2605-215,
2605-250, 2605-275, 2605-305, 2605-315, 2605-325,
2605-335, 2605-340, 2605-350, 2605-355, 2605-360,
2605-365, 2605-375, 2605-400, 2605-405, 2605-420,
2605-430, 2605-435, 2605-525, or 2605-550 of the Illinois
State Police Law; or
(3) In cities over 1,000,000, the Superintendent of
Police.
(Source: P.A. 101-37, eff. 7-3-19; 102-538, eff. 8-20-21.)
Section 50. The Firearm Owners Identification Card Act is
amended by changing Sections 2, 3, 3.1, 4, 5, 7, 8.5 and 13.1
as follows:
(430 ILCS 65/2) (from Ch. 38, par. 83-2)
Sec. 2. Firearm Owner's Identification Card required;
exceptions.
(a) (1) No person may acquire or possess any firearm, stun
gun, or taser within this State without having in his or her
possession a Firearm Owner's Identification Card previously
issued in his or her name by the Illinois State Police under
the provisions of this Act.
(2) No person may acquire or possess firearm ammunition
within this State without having in his or her possession a

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Firearm Owner's Identification Card previously issued in his
or her name by the Illinois State Police under the provisions
of this Act.
(b) The provisions of this Section regarding the
possession of firearms, firearm ammunition, stun guns, and
tasers do not apply to:
(1) United States Marshals, while engaged in the
operation of their official duties;
(2) Members of the Armed Forces of the United States
or the National Guard, while engaged in the operation of
their official duties;
(3) Federal officials required to carry firearms,
while engaged in the operation of their official duties;
(4) Members of bona fide veterans organizations which
receive firearms directly from the armed forces of the
United States, while using the firearms for ceremonial
purposes with blank ammunition;
(5) Nonresident hunters during hunting season, with
valid nonresident hunting licenses and while in an area
where hunting is permitted; however, at all other times
and in all other places these persons must have their
firearms unloaded and enclosed in a case;
(6) Those hunters exempt from obtaining a hunting
license who are required to submit their Firearm Owner's
Identification Card when hunting on Department of Natural
Resources owned or managed sites;

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(7) Nonresidents while on a firing or shooting range
recognized by the Illinois State Police; however, these
persons must at all other times and in all other places
have their firearms unloaded and enclosed in a case;
(8) Nonresidents while at a firearm showing or display
recognized by the Illinois State Police; however, at all
other times and in all other places these persons must
have their firearms unloaded and enclosed in a case;
(9) Nonresidents whose firearms are unloaded and
enclosed in a case;
(10) Nonresidents who are currently licensed or
registered to possess a firearm in their resident state;
(11) Unemancipated minors while in the custody and
immediate control of their parent or legal guardian or
other person in loco parentis to the minor if the parent or
legal guardian or other person in loco parentis to the
minor has a currently valid Firearm Owner's Identification
Card;
(12) Color guards of bona fide veterans organizations
or members of bona fide American Legion bands while using
firearms for ceremonial purposes with blank ammunition;
(13) Nonresident hunters whose state of residence does
not require them to be licensed or registered to possess a
firearm and only during hunting season, with valid hunting
licenses, while accompanied by, and using a firearm owned
by, a person who possesses a valid Firearm Owner's

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Identification Card and while in an area within a
commercial club licensed under the Wildlife Code where
hunting is permitted and controlled, but in no instance
upon sites owned or managed by the Department of Natural
Resources;
(14) Resident hunters who are properly authorized to
hunt and, while accompanied by a person who possesses a
valid Firearm Owner's Identification Card, hunt in an area
within a commercial club licensed under the Wildlife Code
where hunting is permitted and controlled; and
(15) A person who is otherwise eligible to obtain a
Firearm Owner's Identification Card under this Act and is
under the direct supervision of a holder of a Firearm
Owner's Identification Card who is 21 years of age or
older while the person is on a firing or shooting range or
is a participant in a firearms safety and training course
recognized by a law enforcement agency or a national,
statewide shooting sports organization.
(c) The provisions of this Section regarding the
acquisition and possession of firearms, firearm ammunition,
stun guns, and tasers do not apply to law enforcement
officials of this or any other jurisdiction, while engaged in
the operation of their official duties.
(c-5) (Blank). The provisions of paragraphs (1) and (2) of
subsection (a) of this Section regarding the possession of
firearms and firearm ammunition do not apply to the holder of a

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valid concealed carry license issued under the Firearm
Concealed Carry Act who is in physical possession of the
concealed carry license.
(d) Any person who becomes a resident of this State, who is
not otherwise prohibited from obtaining, possessing, or using
a firearm or firearm ammunition, shall not be required to have
a Firearm Owner's Identification Card to possess firearms or
firearms ammunition until 60 calendar days after he or she
obtains an Illinois driver's license or Illinois
Identification Card.
(Source: P.A. 102-538, eff. 8-20-21; 102-1116, eff. 1-10-23.)
(430 ILCS 65/3) (from Ch. 38, par. 83-3)
Sec. 3. (a) Except as provided in Section 3a, no person may
knowingly transfer, or cause to be transferred, any firearm,
firearm ammunition, stun gun, or taser to any person within
this State unless the transferee with whom he deals displays
either: (1) a currently valid Firearm Owner's Identification
Card which has previously been issued in his or her name by the
Illinois State Police under the provisions of this Act; or (2)
a currently valid license to carry a concealed firearm which
has previously been issued in his or her name by the Illinois
State Police under the Firearm Concealed Carry Act. In
addition, all firearm, stun gun, and taser transfers by
federally licensed firearm dealers are subject to Section 3.1.
(a-5) Any person who is not a federally licensed firearm

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dealer and who desires to transfer or sell a firearm while that
person is on the grounds of a gun show must, before selling or
transferring the firearm, request the Illinois State Police to
conduct a background check on the prospective recipient of the
firearm in accordance with Section 3.1.
(a-10) Notwithstanding item (2) of subsection (a) of this
Section, any person who is not a federally licensed firearm
dealer and who desires to transfer or sell a firearm or
firearms to any person who is not a federally licensed firearm
dealer shall, before selling or transferring the firearms,
contact a federal firearm license dealer under paragraph (1)
of subsection (a-15) of this Section to conduct the transfer
or the Illinois State Police with the transferee's or
purchaser's Firearm Owner's Identification Card number to
determine the validity of the transferee's or purchaser's
Firearm Owner's Identification Card under State and federal
law, including the National Instant Criminal Background Check
System. This subsection shall not be effective until July 1,
2023. Until that date the transferor shall contact the
Illinois State Police with the transferee's or purchaser's
Firearm Owner's Identification Card number to determine the
validity of the card. The Illinois State Police may adopt
rules concerning the implementation of this subsection. The
Illinois State Police shall provide the seller or transferor
an approval number if the purchaser's Firearm Owner's
Identification Card is valid. Approvals issued by the Illinois

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State Police for the purchase of a firearm pursuant to this
subsection are valid for 30 days from the date of issue.
(a-15) The provisions of subsection (a-10) of this Section
do not apply to:
(1) transfers that occur at the place of business of a
federally licensed firearm dealer, if the federally
licensed firearm dealer conducts a background check on the
prospective recipient of the firearm in accordance with
Section 3.1 of this Act and follows all other applicable
federal, State, and local laws as if he or she were the
seller or transferor of the firearm, although the dealer
is not required to accept the firearm into his or her
inventory. The purchaser or transferee may be required by
the federally licensed firearm dealer to pay a fee not to
exceed $25 per firearm, which the dealer may retain as
compensation for performing the functions required under
this paragraph, plus the applicable fees authorized by
Section 3.1;
(2) transfers as a bona fide gift to the transferor's
husband, wife, son, daughter, stepson, stepdaughter,
father, mother, stepfather, stepmother, brother, sister,
nephew, niece, uncle, aunt, grandfather, grandmother,
grandson, granddaughter, father-in-law, mother-in-law,
son-in-law, or daughter-in-law;
(3) transfers by persons acting pursuant to operation
of law or a court order;

HB5785 - 65 - LRB103 39901 RLC 70908 b
(4) transfers on the grounds of a gun show under
subsection (a-5) of this Section;
(5) the delivery of a firearm by its owner to a
gunsmith for service or repair, the return of the firearm
to its owner by the gunsmith, or the delivery of a firearm
by a gunsmith to a federally licensed firearms dealer for
service or repair and the return of the firearm to the
gunsmith;
(6) temporary transfers that occur while in the home
of the unlicensed transferee, if the unlicensed transferee
is not otherwise prohibited from possessing firearms and
the unlicensed transferee reasonably believes that
possession of the firearm is necessary to prevent imminent
death or great bodily harm to the unlicensed transferee;
(7) transfers to a law enforcement or corrections
agency or a law enforcement or corrections officer acting
within the course and scope of his or her official duties;
(8) transfers of firearms that have been rendered
permanently inoperable to a nonprofit historical society,
museum, or institutional collection; and
(9) transfers to a person who is exempt from the
requirement of possessing a Firearm Owner's Identification
Card under Section 2 of this Act.
(a-20) The Illinois State Police shall develop an
Internet-based system for individuals to determine the
validity of a Firearm Owner's Identification Card prior to the

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sale or transfer of a firearm. The Illinois State Police shall
have the Internet-based system updated and available for use
by January 1, 2024. The Illinois State Police shall adopt
rules not inconsistent with this Section to implement this
system; but no rule shall allow the Illinois State Police to
retain records in contravention of State and federal law.
(a-25) On or before January 1, 2022, the Illinois State
Police shall develop an Internet-based system upon which the
serial numbers of firearms that have been reported stolen are
available for public access for individuals to ensure any
firearms are not reported stolen prior to the sale or transfer
of a firearm under this Section. The Illinois State Police
shall have the Internet-based system completed and available
for use by July 1, 2022. The Illinois State Police shall adopt
rules not inconsistent with this Section to implement this
system.
(b) Any person within this State who transfers or causes
to be transferred any firearm, stun gun, or taser shall keep a
record of such transfer for a period of 10 years from the date
of transfer. Any person within this State who receives any
firearm, stun gun, or taser pursuant to subsection (a-10)
shall provide a record of the transfer within 10 days of the
transfer to a federally licensed firearm dealer and shall not
be required to maintain a transfer record. The federally
licensed firearm dealer shall maintain the transfer record for
20 years from the date of receipt. A federally licensed

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firearm dealer may charge a fee not to exceed $25 to retain the
record. The record shall be provided and maintained in either
an electronic or paper format. The federally licensed firearm
dealer shall not be liable for the accuracy of any information
in the transfer record submitted pursuant to this Section.
Such records shall contain the date of the transfer; the
description, serial number or other information identifying
the firearm, stun gun, or taser if no serial number is
available; and, if the transfer was completed within this
State, the transferee's Firearm Owner's Identification Card
number and any approval number or documentation provided by
the Illinois State Police pursuant to subsection (a-10) of
this Section; if the transfer was not completed within this
State, the record shall contain the name and address of the
transferee. On or after January 1, 2006, the record shall
contain the date of application for transfer of the firearm.
On demand of a peace officer such transferor shall produce for
inspection such record of transfer. For any transfer pursuant
to subsection (a-10) of this Section, on the demand of a peace
officer, such transferee shall identify the federally licensed
firearm dealer maintaining the transfer record. If the
transfer or sale took place at a gun show, the record shall
include the unique identification number. Failure to record
the unique identification number or approval number is a petty
offense. For transfers of a firearm, stun gun, or taser made on
or after January 18, 2019 (the effective date of Public Act

HB5785 - 68 - LRB103 39901 RLC 70908 b
100-1178), failure by the private seller to maintain the
transfer records in accordance with this Section, or failure
by a transferee pursuant to subsection a-10 of this Section to
identify the federally licensed firearm dealer maintaining the
transfer record, is a Class A misdemeanor for the first
offense and a Class 4 felony for a second or subsequent offense
occurring within 10 years of the first offense and the second
offense was committed after conviction of the first offense.
Whenever any person who has not previously been convicted of
any violation of subsection (a-5), the court may grant
supervision pursuant to and consistent with the limitations of
Section 5-6-1 of the Unified Code of Corrections. A transferee
or transferor shall not be criminally liable under this
Section provided that he or she provides the Illinois State
Police with the transfer records in accordance with procedures
established by the Illinois State Police. The Illinois State
Police shall establish, by rule, a standard form on its
website.
(b-5) Any resident may purchase ammunition from a person
within or outside of Illinois if shipment is by United States
mail or by a private express carrier authorized by federal law
to ship ammunition. Any resident purchasing ammunition within
or outside the State of Illinois must provide the seller with a
copy of his or her valid Firearm Owner's Identification Card
or valid concealed carry license and either his or her
Illinois driver's license or Illinois State Identification

HB5785 - 69 - LRB103 39901 RLC 70908 b
Card prior to the shipment of the ammunition. The ammunition
may be shipped only to an address on either of those 2
documents.
(c) The provisions of this Section regarding the transfer
of firearm ammunition shall not apply to those persons
specified in paragraph (b) of Section 2 of this Act.
(Source: P.A. 102-237, eff. 1-1-24; 102-538, eff. 8-20-21;
102-813, eff. 5-13-22; 102-1116, eff. 1-10-23.)
(430 ILCS 65/3.1) (from Ch. 38, par. 83-3.1)
Sec. 3.1. Firearm Transfer Inquiry Program.
(a) The Illinois State Police shall provide a dial up
telephone system or utilize other existing technology which
shall be used by any federally licensed firearm dealer, gun
show promoter, or gun show vendor who is to transfer a firearm,
stun gun, or taser under the provisions of this Act. The
Illinois State Police may utilize existing technology which
allows the caller to be charged a fee not to exceed $2. Fees
collected by the Illinois State Police shall be deposited in
the State Police Firearm Services Fund and used to provide the
service.
(b) Upon receiving a request from a federally licensed
firearm dealer, gun show promoter, or gun show vendor, the
Illinois State Police shall immediately approve or, within the
time period established by Section 24-3 of the Criminal Code
of 2012 regarding the delivery of firearms, stun guns, and

HB5785 - 70 - LRB103 39901 RLC 70908 b
tasers, notify the inquiring dealer, gun show promoter, or gun
show vendor of any objection that would disqualify the
transferee from acquiring or possessing a firearm, stun gun,
or taser. In conducting the inquiry, the Illinois State Police
shall initiate and complete an automated search of its
criminal history record information files and those of the
Federal Bureau of Investigation, including the National
Instant Criminal Background Check System, and of the files of
the Department of Human Services relating to mental health and
developmental disabilities to obtain any felony conviction or
patient hospitalization information which would disqualify a
person from obtaining or require revocation of a currently
valid Firearm Owner's Identification Card.
(b-5) By January 1, 2023, the Illinois State Police shall
by rule provide a process for the automatic renewal of the
Firearm Owner's Identification Card of a person at the time of
an inquiry in subsection (b). Persons eligible for this
process must have a set of fingerprints on file with their
applications under either subsection (a-25) of Section 4 or
the Firearm Concealed Carry Act.
(c) If receipt of a firearm would not violate Section 24-3
of the Criminal Code of 2012, federal law, or this Act, the
Illinois State Police shall:
(1) assign a unique identification number to the
transfer; and
(2) provide the licensee, gun show promoter, or gun

HB5785 - 71 - LRB103 39901 RLC 70908 b
show vendor with the number.
(d) Approvals issued by the Illinois State Police for the
purchase of a firearm are valid for 30 days from the date of
issue.
(e) (1) The Illinois State Police must act as the Illinois
Point of Contact for the National Instant Criminal Background
Check System.
(2) The Illinois State Police and the Department of Human
Services shall, in accordance with State and federal law
regarding confidentiality, enter into a memorandum of
understanding with the Federal Bureau of Investigation for the
purpose of implementing the National Instant Criminal
Background Check System in the State. The Illinois State
Police shall report the name, date of birth, and physical
description of any person prohibited from possessing a firearm
pursuant to the Firearm Owners Identification Card Act or 18
U.S.C. 922(g) and (n) to the National Instant Criminal
Background Check System Index, Denied Persons Files.
(3) The Illinois State Police shall provide notice of the
disqualification of a person under subsection (b) of this
Section or the revocation of a person's Firearm Owner's
Identification Card under Section 8 or Section 8.2 of this
Act, and the reason for the disqualification or revocation, to
all law enforcement agencies with jurisdiction to assist with
the seizure of the person's Firearm Owner's Identification
Card.

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(f) The Illinois State Police shall adopt rules not
inconsistent with this Section to implement this system.
(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
102-813, eff. 5-13-22.)
(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) 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
individual prohibited from having a Firearm Owner's
Identification Card and files an affidavit with the
Department as prescribed by the Department stating

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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). 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 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 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
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 manner prescribed by the Illinois
State Police;
(ii) He or she has not been convicted of a felony
under the laws of this or any other jurisdiction;
(iii) He or she is not addicted to narcotics;

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(iv) He or she has not been a patient in a mental
health facility within the past 5 years or, if 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) He or she is not a person with an intellectual
disability;
(vi) He or she is not a noncitizen who is
unlawfully present in the United States under the laws
of the United States;
(vii) He or she is not subject to an existing order
of protection prohibiting him or her from possessing a
firearm;
(viii) 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;
(ix) 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

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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) 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 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
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;

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(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) 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) 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 offense that
if committed by an adult would be a felony;
(xiv) He or she is a resident of the State of
Illinois;
(xv) He or she has not been adjudicated as a person
with a mental disability;
(xvi) He or she has not been involuntarily
admitted into a mental health facility; and
(xvii) He or she is not a person with a
developmental disability; and

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(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
Card who is over the age of 18 shall furnish to the Illinois
State Police either 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 his or
her driver's license number or state identification card
number from his or her state of residence. The Illinois State

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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, 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 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 to the photograph
requirement shall submit fingerprints on a form and manner
prescribed by the Illinois State Police with 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 his or her fingerprints in electronic format to
the Illinois State Police, unless the applicant has previously
provided a full set of 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

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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
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

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applicant's use of firearms or firearm ammunition.
(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
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

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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
into the State Police Firearm Services Fund.
(c) (Blank). 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 65/7) (from Ch. 38, par. 83-7)
Sec. 7. Validity of Firearm Owner's Identification Card.
(a) Except as provided in Section 8 of this Act or
elsewhere in this Section, a Firearm Owner's Identification
Card issued under the provisions of this Act shall be valid for
the person to whom it is issued for a period of 10 years from
the date of issuance. Unless the person no longer meets the
requirements or becomes subject to suspension or revocation
under this Act, a card issued under an application made as
provided in subsection (a-25) of Section 4 shall remain valid
if the person meets the requirements of subsection (b-5) of
Section 3.1.
(b) If a renewal application is submitted to the
Department before the expiration date of the applicant's
current Firearm Owner's Identification Card, the Firearm
Owner's Identification Card shall remain valid, unless the
person is subject to or becomes subject to revocation under
this Act. Unless the person no longer meets the requirements
or becomes subject to suspension or revocation under this Act,
a card issued under a renewal application made as provided in
subsection (a-25) of Section 4 shall remain valid if the
person meets the implementation requirements of Section 3.1.
(c) (Blank). Beginning January 1, 2022, if the Firearm
Owner's Identification Card of a licensee under the Firearm

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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 during the validity of the
concealed carry license and the licensee does not have to
renew his or her Firearm Owner's Identification Card, if the
Firearm Owner's Identification Card has not been otherwise
renewed as provided in this Act. 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.
(Source: P.A. 102-237, eff. 1-1-22.)
(430 ILCS 65/8.5)
Sec. 8.5. Illinois State Police to monitor databases for
firearms prohibitors. The Illinois State Police shall
continuously monitor relevant State and federal databases, as
allowed by State and federal law, for firearms prohibitors and
correlate those records with Firearm Owner's Identification
Card holders to ensure compliance with this Act and any other
State and federal laws. As used in this Section, "firearms
prohibitor" means any factor listed in Section 8 or Section
8.2 of this Act or Section 24-3 or 24-3.1 of the Criminal Code
of 2012 that prohibits a person from transferring or
possessing a firearm, firearm ammunition, or Firearm Owner's
Identification Card, or concealed carry license.

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(Source: P.A. 102-237, eff. 1-1-22.)
(430 ILCS 65/13.1) (from Ch. 38, par. 83-13.1)
Sec. 13.1. Preemption.
(a) (Blank). Except as otherwise provided in the Firearm
Concealed Carry Act and subsections (b) and (c) of this
Section, the provisions of any ordinance enacted by any
municipality which requires registration or imposes greater
restrictions or limitations on the acquisition, possession and
transfer of firearms than are imposed by this Act, are not
invalidated or affected by this Act.
(b) The Notwithstanding subsection (a) of this Section,
the regulation, licensing, possession, and registration of
handguns and ammunition for a handgun, and the transportation
of any firearm and ammunition by a holder of a valid Firearm
Owner's Identification Card issued by the Illinois State
Police under this Act are exclusive powers and functions of
this State. Any ordinance or regulation, or portion of that
ordinance or regulation, enacted on or before the effective
date of this amendatory Act of the 98th General Assembly that
purports to impose regulations or restrictions on a holder of
a valid Firearm Owner's Identification Card issued by the
Illinois State Police under this Act in a manner that is
inconsistent with this Act, on the effective date of this
amendatory Act of the 98th General Assembly, shall be invalid
in its application to a holder of a valid Firearm Owner's

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Identification Card issued by the Illinois State Police under
this Act.
(c) Notwithstanding subsection (a) of this Section, the
regulation of the possession or ownership of assault weapons
are exclusive powers and functions of this State. Any
ordinance or regulation, or portion of that ordinance or
regulation, that purports to regulate the possession or
ownership of assault weapons in a manner that is inconsistent
with this Act, shall be invalid unless the ordinance or
regulation is enacted on, before, or within 10 days after the
effective date of this amendatory Act of the 98th General
Assembly. Any ordinance or regulation described in this
subsection (c) enacted more than 10 days after the effective
date of this amendatory Act of the 98th General Assembly is
invalid. An ordinance enacted on, before, or within 10 days
after the effective date of this amendatory Act of the 98th
General Assembly may be amended. The enactment or amendment of
ordinances under this subsection (c) are subject to the
submission requirements of Section 13.3. For the purposes of
this subsection, "assault weapons" means firearms designated
by either make or model or by a test or list of cosmetic
features that cumulatively would place the firearm into a
definition of "assault weapon" under the ordinance.
(d) For the purposes of this Section, "handgun" means any
device which is designed to expel a projectile or projectiles
by the action of an explosion, expansion of gas, or escape of

HB5785 - 86 - LRB103 39901 RLC 70908 b
gas that is designed to be held and fired by the use of a
single hand. "Handgun" does not include:
(1) a stun gun or taser;
(2) a machine gun as defined in item (i) of paragraph
(7) of subsection (a) of Section 24-1 of the Criminal Code
of 2012;
(3) a short-barreled rifle or shotgun as defined in
item (ii) of paragraph (7) of subsection (a) of Section
24-1 of the Criminal Code of 2012; or
(4) any pneumatic gun, spring gun, paint ball gun, or
B-B gun which expels a single globular projectile not
exceeding .18 inch in diameter, or which has a maximum
muzzle velocity of less than 700 feet per second, or which
expels breakable paint balls containing washable marking
has the meaning ascribed to it in Section 5 of the Firearm
Concealed Carry Act.
(e) This Section is a denial and limitation of home rule
powers and functions under subsection (h) of Section 6 of
Article VII of the Illinois Constitution.
(Source: P.A. 102-538, eff. 8-20-21.)
(430 ILCS 65/13.4 rep.)
Section 55. The Firearm Owners Identification Card Act is
amended by repealing Section 13.4.
(430 ILCS 66/Act rep.)

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Section 60. The Firearm Concealed Carry Act is repealed.
Section 65. The Firearms Restraining Order Act is amended
by changing Sections 35 and 40 as follows:
(430 ILCS 67/35)
Sec. 35. Ex parte orders and emergency hearings.
(a) A petitioner may request an emergency firearms
restraining order by filing an affidavit or verified pleading
alleging that the respondent poses an immediate and present
danger of causing personal injury to himself, herself, or
another by having in his or her custody or control,
purchasing, possessing, or receiving a firearm, ammunition, or
firearm parts that could be assembled to make an operable
firearm. The petition shall also describe the type and
location of any firearm or firearms, ammunition, or firearm
parts that could be assembled to make an operable firearm
presently believed by the petitioner to be possessed or
controlled by the respondent.
(b) If the respondent is alleged to pose an immediate and
present danger of causing personal injury to an intimate
partner, or an intimate partner is alleged to have been the
target of a threat or act of violence by the respondent, the
petitioner shall make a good faith effort to provide notice to
any and all intimate partners of the respondent. The notice
must include that the petitioner intends to petition the court

HB5785 - 88 - LRB103 39901 RLC 70908 b
for an emergency firearms restraining order, and, if the
petitioner is a law enforcement officer, referral to relevant
domestic violence or stalking advocacy or counseling
resources, if appropriate. The petitioner shall attest to
having provided the notice in the filed affidavit or verified
pleading. If, after making a good faith effort, the petitioner
is unable to provide notice to any or all intimate partners,
the affidavit or verified pleading should describe what
efforts were made.
(c) Every person who files a petition for an emergency
firearms restraining order, knowing the information provided
to the court at any hearing or in the affidavit or verified
pleading to be false, is guilty of perjury under Section 32-2
of the Criminal Code of 2012.
(d) An emergency firearms restraining order shall be
issued on an ex parte basis, that is, without notice to the
respondent.
(e) An emergency hearing held on an ex parte basis shall be
held the same day that the petition is filed or the next day
that the court is in session.
(f) If a circuit or associate judge finds probable cause
to believe that the respondent poses an immediate and present
danger of causing personal injury to himself, herself, or
another by having in his or her custody or control,
purchasing, possessing, or receiving a firearm, ammunition, or
firearm parts that could be assembled to make an operable

HB5785 - 89 - LRB103 39901 RLC 70908 b
firearm, the circuit or associate judge shall issue an
emergency order.
(f-5) If the court issues an emergency firearms
restraining order, it shall, upon a finding of probable cause
that the respondent possesses firearms, ammunition, or firearm
parts that could be assembled to make an operable firearm,
issue a search warrant directing a law enforcement agency to
seize the respondent's firearms, ammunition, and firearm parts
that could be assembled to make an operable firearm. The court
may, as part of that warrant, direct the law enforcement
agency to search the respondent's residence and other places
where the court finds there is probable cause to believe he or
she is likely to possess the firearms, ammunition, or firearm
parts that could be assembled to make an operable firearm. A
return of the search warrant shall be filed by the law
enforcement agency within 4 days thereafter, setting forth the
time, date, and location that the search warrant was executed
and what items, if any, were seized.
(g) An emergency firearms restraining order shall require:
(1) the respondent to refrain from having in his or
her custody or control, purchasing, possessing, or
receiving additional firearms, ammunition, or firearm
parts that could be assembled to make an operable firearm,
or removing firearm parts that could be assembled to make
an operable firearm for the duration of the order under
Section 8.2 of the Firearm Owners Identification Card Act;

HB5785 - 90 - LRB103 39901 RLC 70908 b
and
(2) the respondent to comply with Section 9.5 of the
Firearm Owners Identification Card Act and subsection (g)
of Section 70 of the Firearm Concealed Carry Act.
(h) Except as otherwise provided in subsection (h-5) of
this Section, upon expiration of the period of safekeeping, if
the firearms, ammunition, and firearm parts that could be
assembled to make an operable firearm or Firearm Owner's
Identification Card and concealed carry license cannot be
returned to the respondent because the respondent cannot be
located, fails to respond to requests to retrieve the
firearms, or is not lawfully eligible to possess a firearm,
ammunition, or firearm parts that could be assembled to make
an operable firearm, upon petition from the local law
enforcement agency, the court may order the local law
enforcement agency to destroy the firearms, ammunition, and
firearm parts that could be assembled to make an operable
firearm, use the firearms, ammunition, and firearm parts that
could be assembled to make an operable firearm for training
purposes, or use the firearms, ammunition, and firearm parts
that could be assembled to make an operable firearm for any
other application as deemed appropriate by the local law
enforcement agency.
(h-5) On or before January 1, 2022, a respondent whose
Firearm Owner's Identification Card has been revoked or
suspended may petition the court, if the petitioner is present

HB5785 - 91 - LRB103 39901 RLC 70908 b
in court or has notice of the respondent's petition, to
transfer the respondent's firearm, ammunition, and firearm
parts that could be assembled to make an operable firearm to a
person who is lawfully able to possess the firearm,
ammunition, and firearm parts that could be assembled to make
an operable firearm if the person does not reside at the same
address as the respondent. Notice of the petition shall be
served upon the person protected by the emergency firearms
restraining order. While the order is in effect, the
transferee who receives the respondent's firearms, ammunition,
and firearm parts that could be assembled to make an operable
firearm must swear or affirm by affidavit that he or she shall
not transfer the firearm, ammunition, and firearm parts that
could be assembled to make an operable firearm to the
respondent or to anyone residing in the same residence as the
respondent.
(h-6) If a person other than the respondent claims title
to any firearms, ammunition, and firearm parts that could be
assembled to make an operable firearm surrendered under this
Section, he or she may petition the court, if the petitioner is
present in court or has notice of the petition, to have the
firearm, ammunition, and firearm parts that could be assembled
to make an operable firearm returned to him or her. If the
court determines that person to be the lawful owner of the
firearm, ammunition, and firearm parts that could be assembled
to make an operable firearm, the firearm, ammunition, and

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firearm parts that could be assembled to make an operable
firearm shall be returned to him or her, provided that:
(1) the firearm, ammunition, and firearm parts that
could be assembled to make an operable firearm are removed
from the respondent's custody, control, or possession and
the lawful owner agrees to store the firearm, ammunition,
and firearm parts that could be assembled to make an
operable firearm in a manner such that the respondent does
not have access to or control of the firearm, ammunition,
and firearm parts that could be assembled to make an
operable firearm; and
(2) the firearm, ammunition, and firearm parts that
could be assembled to make an operable firearm are not
otherwise unlawfully possessed by the owner.
The person petitioning for the return of his or her
firearm, ammunition, and firearm parts that could be assembled
to make an operable firearm must swear or affirm by affidavit
that he or she: (i) is the lawful owner of the firearm,
ammunition, and firearm parts that could be assembled to make
an operable firearm; (ii) shall not transfer the firearm,
ammunition, and firearm parts that could be assembled to make
an operable firearm to the respondent; and (iii) will store
the firearm, ammunition, and firearm parts that could be
assembled to make an operable firearm in a manner that the
respondent does not have access to or control of the firearm,
ammunition, and firearm parts that could be assembled to make

HB5785 - 93 - LRB103 39901 RLC 70908 b
an operable firearm.
(i) In accordance with subsection (e) of this Section, the
court shall schedule a full hearing as soon as possible, but no
longer than 14 days from the issuance of an ex parte firearms
restraining order, to determine if a 6-month firearms
restraining order shall be issued. The court may extend an ex
parte order as needed, but not to exceed 14 days, to effectuate
service of the order or if necessary to continue protection.
The court may extend the order for a greater length of time by
mutual agreement of the parties.
(Source: P.A. 101-81, eff. 7-12-19; 102-237, eff. 1-1-22;
102-345, eff. 6-1-22; 102-538, eff. 8-20-21; 102-813, eff.
5-13-22.)
(430 ILCS 67/40)
Sec. 40. Plenary orders.
(a) A petitioner may request a firearms restraining order
for up to one year by filing an affidavit or verified pleading
alleging that the respondent poses a significant danger of
causing personal injury to himself, herself, or another in the
near future by having in his or her custody or control,
purchasing, possessing, or receiving a firearm, ammunition,
and firearm parts that could be assembled to make an operable
firearm. The petition shall also describe the number, types,
and locations of any firearms, ammunition, and firearm parts
that could be assembled to make an operable firearm presently

HB5785 - 94 - LRB103 39901 RLC 70908 b
believed by the petitioner to be possessed or controlled by
the respondent. The firearms restraining order may be renewed
for an additional period of up to one year in accordance with
Section 45 of this Act.
(b) If the respondent is alleged to pose a significant
danger of causing personal injury to an intimate partner, or
an intimate partner is alleged to have been the target of a
threat or act of violence by the respondent, the petitioner
shall make a good faith effort to provide notice to any and all
intimate partners of the respondent. The notice must include
the duration of time that the petitioner intends to petition
the court for a firearms restraining order, and, if the
petitioner is a law enforcement officer, referral to relevant
domestic violence or stalking advocacy or counseling
resources, if appropriate. The petitioner shall attest to
having provided the notice in the filed affidavit or verified
pleading. If, after making a good faith effort, the petitioner
is unable to provide notice to any or all intimate partners,
the affidavit or verified pleading should describe what
efforts were made.
(c) Every person who files a petition for a plenary
firearms restraining order, knowing the information provided
to the court at any hearing or in the affidavit or verified
pleading to be false, is guilty of perjury under Section 32-2
of the Criminal Code of 2012.
(d) Upon receipt of a petition for a plenary firearms

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restraining order, the court shall order a hearing within 30
days.
(e) In determining whether to issue a firearms restraining
order under this Section, the court shall consider evidence
including, but not limited to, the following:
(1) The unlawful and reckless use, display, or
brandishing of a firearm, ammunition, and firearm parts
that could be assembled to make an operable firearm by the
respondent.
(2) The history of use, attempted use, or threatened
use of physical force by the respondent against another
person.
(3) Any prior arrest of the respondent for a felony
offense.
(4) Evidence of the abuse of controlled substances or
alcohol by the respondent.
(5) A recent threat of violence or act of violence by
the respondent directed toward himself, herself, or
another.
(6) A violation of an emergency order of protection
issued under Section 217 of the Illinois Domestic Violence
Act of 1986 or Section 112A-17 of the Code of Criminal
Procedure of 1963 or of an order of protection issued
under Section 214 of the Illinois Domestic Violence Act of
1986 or Section 112A-14 of the Code of Criminal Procedure
of 1963.

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(7) A pattern of violent acts or violent threats,
including, but not limited to, threats of violence or acts
of violence by the respondent directed toward himself,
herself, or another.
(f) At the hearing, the petitioner shall have the burden
of proving, by clear and convincing evidence, that the
respondent poses a significant danger of personal injury to
himself, herself, or another by having in his or her custody or
control, purchasing, possessing, or receiving a firearm,
ammunition, and firearm parts that could be assembled to make
an operable firearm.
(g) If the court finds that there is clear and convincing
evidence to issue a plenary firearms restraining order, the
court shall issue a firearms restraining order that shall be
in effect for up to one year, but not less than 6 months,
subject to renewal under Section 45 of this Act or termination
under that Section.
(g-5) If the court issues a plenary firearms restraining
order, it shall, upon a finding of probable cause that the
respondent possesses firearms, ammunition, and firearm parts
that could be assembled to make an operable firearm, issue a
search warrant directing a law enforcement agency to seize the
respondent's firearms, ammunition, and firearm parts that
could be assembled to make an operable firearm. The court may,
as part of that warrant, direct the law enforcement agency to
search the respondent's residence and other places where the

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court finds there is probable cause to believe he or she is
likely to possess the firearms, ammunition, and firearm parts
that could be assembled to make an operable firearm. A return
of the search warrant shall be filed by the law enforcement
agency within 4 days thereafter, setting forth the time, date,
and location that the search warrant was executed and what
items, if any, were seized.
(h) A plenary firearms restraining order shall require:
(1) the respondent to refrain from having in his or
her custody or control, purchasing, possessing, or
receiving additional firearms, ammunition, and firearm
parts that could be assembled to make an operable firearm
for the duration of the order under Section 8.2 of the
Firearm Owners Identification Card Act; and
(2) the respondent to comply with Section 9.5 of the
Firearm Owners Identification Card Act and subsection (g)
of Section 70 of the Firearm Concealed Carry Act.
(i) Except as otherwise provided in subsection (i-5) of
this Section, upon expiration of the period of safekeeping, if
the firearms, ammunition, and firearm parts that could be
assembled to make an operable firearm or Firearm Owner's
Identification Card cannot be returned to the respondent
because the respondent cannot be located, fails to respond to
requests to retrieve the firearms, ammunition, and firearm
parts that could be assembled to make an operable firearm, or
is not lawfully eligible to possess a firearm, ammunition, and

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firearm parts that could be assembled to make an operable
firearm, upon petition from the local law enforcement agency,
the court may order the local law enforcement agency to
destroy the firearms, ammunition, and firearm parts that could
be assembled to make an operable firearm, use the firearms,
ammunition, and firearm parts that could be assembled to make
an operable firearm for training purposes, or use the
firearms, ammunition, and firearm parts that could be
assembled to make an operable firearm for any other
application as deemed appropriate by the local law enforcement
agency.
(i-5) A respondent whose Firearm Owner's Identification
Card has been revoked or suspended may petition the court, if
the petitioner is present in court or has notice of the
respondent's petition, to transfer the respondent's firearm,
ammunition, and firearm parts that could be assembled to make
an operable firearm to a person who is lawfully able to possess
the firearm, ammunition, and firearm parts that could be
assembled to make an operable firearm if the person does not
reside at the same address as the respondent. Notice of the
petition shall be served upon the person protected by the
emergency firearms restraining order. While the order is in
effect, the transferee who receives the respondent's firearms,
ammunition, and firearm parts that could be assembled to make
an operable firearm must swear or affirm by affidavit that he
or she shall not transfer the firearm, ammunition, and firearm

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parts that could be assembled to make an operable firearm to
the respondent or to anyone residing in the same residence as
the respondent.
(i-6) If a person other than the respondent claims title
to any firearms, ammunition, and firearm parts that could be
assembled to make an operable firearm surrendered under this
Section, he or she may petition the court, if the petitioner is
present in court or has notice of the petition, to have the
firearm, ammunition, and firearm parts that could be assembled
to make an operable firearm returned to him or her. If the
court determines that person to be the lawful owner of the
firearm, ammunition, and firearm parts that could be assembled
to make an operable firearm, the firearm, ammunition, and
firearm parts that could be assembled to make an operable
firearm shall be returned to him or her, provided that:
(1) the firearm, ammunition, and firearm parts that
could be assembled to make an operable firearm are removed
from the respondent's custody, control, or possession and
the lawful owner agrees to store the firearm, ammunition,
and firearm parts that could be assembled to make an
operable firearm in a manner such that the respondent does
not have access to or control of the firearm, ammunition,
and firearm parts that could be assembled to make an
operable firearm; and
(2) the firearm, ammunition, and firearm parts that
could be assembled to make an operable firearm are not

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otherwise unlawfully possessed by the owner.
The person petitioning for the return of his or her
firearm, ammunition, and firearm parts that could be assembled
to make an operable firearm must swear or affirm by affidavit
that he or she: (i) is the lawful owner of the firearm,
ammunition, and firearm parts that could be assembled to make
an operable firearm; (ii) shall not transfer the firearm,
ammunition, and firearm parts that could be assembled to make
an operable firearm to the respondent; and (iii) will store
the firearm, ammunition, and firearm parts that could be
assembled to make an operable firearm in a manner that the
respondent does not have access to or control of the firearm,
ammunition, and firearm parts that could be assembled to make
an operable firearm.
(j) If the court does not issue a firearms restraining
order at the hearing, the court shall dissolve any emergency
firearms restraining order then in effect.
(k) When the court issues a firearms restraining order
under this Section, the court shall inform the respondent that
he or she is entitled to one hearing during the period of the
order to request a termination of the order, under Section 45
of this Act, and shall provide the respondent with a form to
request a hearing.
(Source: P.A. 101-81, eff. 7-12-19; 102-237, eff. 1-1-22;
102-345, eff. 6-1-22; 102-538, eff. 8-20-21; 102-813, eff.
5-13-22; 102-1116, eff. 1-10-23.)

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Section 70. The Firearm Dealer License Certification Act
is amended by changing Section 5-85 as follows:
(430 ILCS 68/5-85)
Sec. 5-85. Disciplinary sanctions.
(a) For violations of this Act not penalized under Section
5-15, the Illinois State Police may refuse to renew or
restore, or may reprimand, place on probation, suspend,
revoke, or take other disciplinary or non-disciplinary action
against any licensee, and may impose a fine commensurate with
the severity of the violation not to exceed $10,000 for each
violation for any of the following, consistent with the
Protection of Lawful Commerce in Arms Act, 15 U.S.C. 7901
through 7903:
(1) Violations of this Act, or any law applicable to
the sale or transfer of firearms.
(2) A pattern of practice or other behavior which
demonstrates incapacity or incompetency to practice under
this Act.
(3) Aiding or assisting another person in violating
any provision of this Act or rules adopted under this Act.
(4) Failing, within 60 days, to provide information in
response to a written request made by the Illinois State
Police.
(5) Conviction of, plea of guilty to, or plea of nolo

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contendere to any crime that disqualifies the person from
obtaining a valid Firearm Owner's Identification Card.
(6) Continued practice, although the person has become
unfit to practice due to any of the following:
(A) Any circumstance that disqualifies the person
from obtaining a valid Firearm Owner's Identification
Card or concealed carry license.
(B) Habitual or excessive use or abuse of drugs
defined in law as controlled substances, alcohol, or
any other substance that results in the inability to
practice with reasonable judgment, skill, or safety.
(7) Receiving, directly or indirectly, compensation
for any firearms sold or transferred illegally.
(8) Discipline by another United States jurisdiction,
foreign nation, or governmental agency, if at least one of
the grounds for the discipline is the same or
substantially equivalent to those set forth in this Act.
(9) Violation of any disciplinary order imposed on a
licensee by the Illinois State Police.
(10) A finding by the Illinois State Police that the
licensee, after having his or her certified license placed
on probationary status, has violated the terms of
probation.
(11) A fraudulent or material misstatement in the
completion of an affirmative obligation or inquiry by law
enforcement.

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(b) All fines imposed under this Section shall be paid
within 90 days after the effective date of the final order
imposing the fine.
(Source: P.A. 102-538, eff. 8-20-21.)
Section 75. The Wildlife Code is amended by changing
Sections 2.11, 2.26, 2.33, and 2.34 as follows:
(520 ILCS 5/2.11) (from Ch. 61, par. 2.11)
Sec. 2.11. Before any person may lawfully hunt wild
turkey, he shall first obtain a "Wild Turkey Hunting Permit"
in accordance with the prescribed regulations set forth in an
administrative rule of the Department. The fee for a Resident
Wild Turkey Hunting Permit shall not exceed $15.
Upon submitting suitable evidence of legal residence in
any other state, non-residents shall be charged a fee not to
exceed $125 for wild turkey hunting permits.
The Department may by administrative rule allocate and
issue non-resident Wild Turkey Permits and establish fees for
such permits.
It shall be unlawful to take wild turkey except by use of a
bow and arrow or a shotgun of not larger than 10 nor smaller
than 20 gauge with shot size not larger than No. 4, and no
person while attempting to so take wild turkey may have in his
possession any other gun unless in accordance with the Firearm
Concealed Carry Act.

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It shall be unlawful to take, or attempt to take wild
turkey except during the time from 1/2 hour before sunrise to
1/2 hour after sunset or during such lesser period of time as
may be specified by administrative rule, during those days for
which an open season is established.
It shall be unlawful for any person to take, or attempt to
take, wild turkey by use of dogs, horses, automobiles,
aircraft or other vehicles, or conveyances, or by the use or
aid of bait or baiting of any kind. For the purposes of this
Section, "bait" means any material, whether liquid or solid,
including food, salt, minerals, and other products, except
pure water, that can be ingested, placed, or scattered in such
a manner as to attract or lure wild turkeys. "Baiting" means
the placement or scattering of bait to attract wild turkeys.
An area is considered as baited during the presence of and for
10 consecutive days following the removal of the bait.
It is unlawful for any person to take in Illinois or have
in his possession more than one wild turkey per valid permit.
For the purposes of calculating acreage under this
Section, the Department shall, after determining the total
acreage of the applicable tract or tracts of land, round
remaining fractional portions of an acre greater than or equal
to half of an acre up to the next whole acre.
For the purposes of taking wild turkey, nothing in this
Section shall be construed to prevent the manipulation,
including mowing or cutting, of standing crops as a normal

HB5785 - 105 - LRB103 39901 RLC 70908 b
agricultural or soil stabilization practice, food plots, or
normal agricultural practices, including planting, harvesting,
and maintenance such as cultivating. Such manipulation for the
purpose of taking wild turkey may be further modified by
administrative rule.
(Source: P.A. 102-237, eff. 1-1-22.)
(520 ILCS 5/2.26) (from Ch. 61, par. 2.26)
Sec. 2.26. Deer hunting permits. Any person attempting to
take deer shall first obtain a "Deer Hunting Permit" issued by
the Department in accordance with its administrative rules.
Those rules must provide for the issuance of the following
types of resident deer archery permits: (i) a combination
permit, consisting of one either-sex permit and one
antlerless-only permit, (ii) a single antlerless-only permit,
and (iii) a single either-sex permit. The fee for a Deer
Hunting Permit to take deer with either bow and arrow or gun
shall not exceed $25 for residents of the State. The
Department may by administrative rule provide for non-resident
deer hunting permits for which the fee will not exceed $300 in
2005, $350 in 2006, and $400 in 2007 and thereafter except as
provided below for non-resident landowners and non-resident
archery hunters. The Department may by administrative rule
provide for a non-resident archery deer permit consisting of
not more than 2 harvest tags at a total cost not to exceed $325
in 2005, $375 in 2006, and $425 in 2007 and thereafter. The

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fees for a youth resident and non-resident archery deer permit
shall be the same.
The Department shall create a pilot program during the
special 3-day, youth-only deer hunting season to allow for
youth deer hunting permits that are valid statewide, excluding
those counties or portions of counties closed to firearm deer
hunting. The Department shall adopt rules to implement the
pilot program. Nothing in this paragraph shall be construed to
prohibit the Department from issuing Special Hunt Area Permits
for the youth-only deer hunting season or establishing,
through administrative rule, additional requirements
pertaining to the youth-only deer hunting season on
Department-owned or Department-managed sites, including
site-specific quotas or drawings. The provisions of this
paragraph are inoperative on and after January 1, 2023.
The standards and specifications for use of guns and bow
and arrow for deer hunting shall be established by
administrative rule.
No person may have in his or her possession any firearm not
authorized by administrative rule for a specific hunting
season when taking deer unless in accordance with the Firearm
Concealed Carry Act.
Persons having a firearm deer hunting permit shall be
permitted to take deer only during the period from 1/2 hour
before sunrise to 1/2 hour after sunset, and only during those
days for which an open season is established for the taking of

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deer by use of shotgun, handgun, rifle, or muzzle loading
rifle.
Persons having an archery deer hunting permit shall be
permitted to take deer only during the period from 1/2 hour
before sunrise to 1/2 hour after sunset, and only during those
days for which an open season is established for the taking of
deer by use of bow and arrow.
It shall be unlawful for any person to take deer by use of
dogs, horses, automobiles, aircraft or other vehicles, or by
the use or aid of bait or baiting of any kind. For the purposes
of this Section, "bait" means any material, whether liquid or
solid, including food, salt, minerals, and other products,
except pure water, that can be ingested, placed, or scattered
in such a manner as to attract or lure white-tailed deer.
"Baiting" means the placement or scattering of bait to attract
deer. An area is considered as baited during the presence of
and for 10 consecutive days following the removal of bait.
Nothing in this Section shall prohibit the use of a dog to
track wounded deer. Any person using a dog for tracking
wounded deer must maintain physical control of the dog at all
times by means of a maximum 50 foot lead attached to the dog's
collar or harness. Tracking wounded deer is permissible at
night, but at no time outside of legal deer hunting hours or
seasons shall any person handling or accompanying a dog being
used for tracking wounded deer be in possession of any firearm
or archery device. Persons tracking wounded deer with a dog

HB5785 - 108 - LRB103 39901 RLC 70908 b
during the firearm deer seasons shall wear blaze orange or
solid blaze pink color as required. Dog handlers tracking
wounded deer with a dog are exempt from hunting license and
deer permit requirements so long as they are accompanied by
the licensed deer hunter who wounded the deer.
It shall be unlawful to possess or transport any wild deer
which has been injured or killed in any manner upon a public
highway or public right-of-way of this State unless exempted
by administrative rule.
Persons hunting deer must have gun unloaded and no bow and
arrow device shall be carried with the arrow in the nocked
position during hours when deer hunting is unlawful.
It shall be unlawful for any person, having taken the
legal limit of deer by gun, to further participate with gun in
any deer hunting party.
It shall be unlawful for any person, having taken the
legal limit of deer by bow and arrow, to further participate
with bow and arrow in any deer hunting party.
The Department may prohibit upland game hunting during the
gun deer season by administrative rule.
The Department shall not limit the number of non-resident,
either-sex archery deer hunting permits to less than 20,000.
Any person who violates any of the provisions of this
Section, including administrative rules, shall be guilty of a
Class B misdemeanor.
For the purposes of calculating acreage under this

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Section, the Department shall, after determining the total
acreage of the applicable tract or tracts of land, round
remaining fractional portions of an acre greater than or equal
to half of an acre up to the next whole acre.
For the purposes of taking white-tailed deer, nothing in
this Section shall be construed to prevent the manipulation,
including mowing or cutting, of standing crops as a normal
agricultural or soil stabilization practice, food plots, or
normal agricultural practices, including planting, harvesting,
and maintenance such as cultivating or the use of products
designed for scent only and not capable of ingestion, solid or
liquid, placed or scattered, in such a manner as to attract or
lure deer. Such manipulation for the purpose of taking
white-tailed deer may be further modified by administrative
rule.
(Source: P.A. 101-81, eff. 7-12-19; 101-444, eff. 6-1-20;
102-237, eff. 1-1-22; 102-932, eff. 1-1-23.)
(520 ILCS 5/2.33)
Sec. 2.33. Prohibitions.
(a) It is unlawful to carry or possess any gun in any State
refuge unless otherwise permitted by administrative rule.
(b) It is unlawful to use or possess any snare or
snare-like device, deadfall, net, or pit trap to take any
species, except that snares not powered by springs or other
mechanical devices may be used to trap fur-bearing mammals, in

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water sets only, if at least one-half of the snare noose is
located underwater at all times.
(c) It is unlawful for any person at any time to take a
wild mammal protected by this Act from its den by means of any
mechanical device, spade, or digging device or to use smoke or
other gases to dislodge or remove such mammal except as
provided in Section 2.37.
(d) It is unlawful to use a ferret or any other small
mammal which is used in the same or similar manner for which
ferrets are used for the purpose of frightening or driving any
mammals from their dens or hiding places.
(e) (Blank).
(f) It is unlawful to use spears, gigs, hooks, or any like
device to take any species protected by this Act.
(g) It is unlawful to use poisons, chemicals, or
explosives for the purpose of taking any species protected by
this Act.
(h) It is unlawful to hunt adjacent to or near any peat,
grass, brush, or other inflammable substance when it is
burning.
(i) It is unlawful to take, pursue or intentionally harass
or disturb in any manner any wild birds or mammals by use or
aid of any vehicle, conveyance, or unmanned aircraft as
defined by the Illinois Aeronautics Act, except as permitted
by the Code of Federal Regulations for the taking of
waterfowl; except that nothing in this subsection shall

HB5785 - 111 - LRB103 39901 RLC 70908 b
prohibit the use of unmanned aircraft in the inspection of a
public utility facility, tower, or structure or a mobile
service facility, tower, or structure by a public utility, as
defined in Section 3-105 of the Public Utilities Act, or a
provider of mobile services as defined in Section 153 of Title
47 of the United States Code. It is also unlawful to use the
lights of any vehicle or conveyance, any light connected to
any vehicle or conveyance, or any other lighting device or
mechanism from inside or on a vehicle or conveyance in any area
where wildlife may be found except in accordance with Section
2.37 of this Act; however, nothing in this Section shall
prohibit the normal use of headlamps for the purpose of
driving upon a roadway. For purposes of this Section, any
other lighting device or mechanism shall include, but not be
limited to, any device that uses infrared or other light not
visible to the naked eye, electronic image intensification,
active illumination, thermal imaging, or night vision. Striped
skunk, opossum, red fox, gray fox, raccoon, bobcat, and coyote
may be taken during the open season by use of a small light
which is worn on the body or hand-held by a person on foot and
not in any vehicle.
(j) It is unlawful to use any shotgun larger than 10 gauge
while taking or attempting to take any of the species
protected by this Act.
(k) It is unlawful to use or possess in the field any
shotgun shell loaded with a shot size larger than lead BB or

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steel T (.20 diameter) when taking or attempting to take any
species of wild game mammals (excluding white-tailed deer),
wild game birds, migratory waterfowl or migratory game birds
protected by this Act, except white-tailed deer as provided
for in Section 2.26 and other species as provided for by
subsection (l) or administrative rule.
(l) It is unlawful to take any species of wild game, except
white-tailed deer and fur-bearing mammals, with a shotgun
loaded with slugs unless otherwise provided for by
administrative rule.
(m) It is unlawful to use any shotgun capable of holding
more than 3 shells in the magazine or chamber combined, except
on game breeding and hunting preserve areas licensed under
Section 3.27 and except as permitted by the Code of Federal
Regulations for the taking of waterfowl. If the shotgun is
capable of holding more than 3 shells, it shall, while being
used on an area other than a game breeding and shooting
preserve area licensed pursuant to Section 3.27, be fitted
with a one-piece plug that is irremovable without dismantling
the shotgun or otherwise altered to render it incapable of
holding more than 3 shells in the magazine and chamber,
combined.
(n) It is unlawful for any person, except persons who
possess a permit to hunt from a vehicle as provided in this
Section and persons otherwise permitted by law, to have or
carry any gun in or on any vehicle, conveyance, or aircraft,

HB5785 - 113 - LRB103 39901 RLC 70908 b
unless such gun is unloaded and enclosed in a case, except that
at field trials authorized by Section 2.34 of this Act,
unloaded guns or guns loaded with blank cartridges only may be
carried on horseback while not contained in a case, or to have
or carry any bow or arrow device in or on any vehicle unless
such bow or arrow device is unstrung or enclosed in a case, or
otherwise made inoperable unless in accordance with the
Firearm Concealed Carry Act.
(o) (Blank).
(p) It is unlawful to take game birds, migratory game
birds or migratory waterfowl with a rifle, pistol, revolver,
or air rifle.
(q) It is unlawful to fire a rifle, pistol, revolver, or
air rifle on, over, or into any waters of this State, including
frozen waters.
(r) It is unlawful to discharge any gun or bow and arrow
device along, upon, across, or from any public right-of-way or
highway in this State.
(s) It is unlawful to use a silencer or other device to
muffle or mute the sound of the explosion or report resulting
from the firing of any gun.
(t) It is unlawful for any person to take or attempt to
take any species of wildlife or parts thereof, or allow a dog
to hunt, within or upon the land of another, or upon waters
flowing over or standing on the land of another, or to
knowingly shoot a gun or bow and arrow device at any wildlife

HB5785 - 114 - LRB103 39901 RLC 70908 b
physically on or flying over the property of another without
first obtaining permission from the owner or the owner's
designee. For the purposes of this Section, the owner's
designee means anyone who the owner designates in a written
authorization and the authorization must contain (i) the legal
or common description of property for which such authority is
given, (ii) the extent that the owner's designee is authorized
to make decisions regarding who is allowed to take or attempt
to take any species of wildlife or parts thereof, and (iii) the
owner's notarized signature. Before enforcing this Section,
the law enforcement officer must have received notice from the
owner or the owner's designee of a violation of this Section.
Statements made to the law enforcement officer regarding this
notice shall not be rendered inadmissible by the hearsay rule
when offered for the purpose of showing the required notice.
(u) It is unlawful for any person to discharge any firearm
for the purpose of taking any of the species protected by this
Act, or hunt with gun or dog, or allow a dog to hunt, within
300 yards of an inhabited dwelling without first obtaining
permission from the owner or tenant, except that while
trapping, hunting with bow and arrow, hunting with dog and
shotgun using shot shells only, or hunting with shotgun using
shot shells only, or providing outfitting services under a
waterfowl outfitter permit, or on licensed game breeding and
hunting preserve areas, as defined in Section 3.27, on
federally owned and managed lands and on Department owned,

HB5785 - 115 - LRB103 39901 RLC 70908 b
managed, leased, or controlled lands, a 100 yard restriction
shall apply.
(v) It is unlawful for any person to remove fur-bearing
mammals from, or to move or disturb in any manner, the traps
owned by another person without written authorization of the
owner to do so.
(w) It is unlawful for any owner of a dog to allow his or
her dog to pursue, harass, or kill deer, except that nothing in
this Section shall prohibit the tracking of wounded deer with
a dog in accordance with the provisions of Section 2.26 of this
Code.
(x) It is unlawful for any person to wantonly or
carelessly injure or destroy, in any manner whatsoever, any
real or personal property on the land of another while engaged
in hunting or trapping thereon.
(y) It is unlawful to hunt wild game protected by this Act
between one-half hour after sunset and one-half hour before
sunrise, except that hunting hours between one-half hour after
sunset and one-half hour before sunrise may be established by
administrative rule for fur-bearing mammals.
(z) It is unlawful to take any game bird (excluding wild
turkeys and crippled pheasants not capable of normal flight
and otherwise irretrievable) protected by this Act when not
flying. Nothing in this Section shall prohibit a person from
carrying an uncased, unloaded shotgun in a boat, while in
pursuit of a crippled migratory waterfowl that is incapable of

HB5785 - 116 - LRB103 39901 RLC 70908 b
normal flight, for the purpose of attempting to reduce the
migratory waterfowl to possession, provided that the attempt
is made immediately upon downing the migratory waterfowl and
is done within 400 yards of the blind from which the migratory
waterfowl was downed. This exception shall apply only to
migratory game birds that are not capable of normal flight.
Migratory waterfowl that are crippled may be taken only with a
shotgun as regulated by subsection (j) of this Section using
shotgun shells as regulated in subsection (k) of this Section.
(aa) It is unlawful to use or possess any device that may
be used for tree climbing or cutting while hunting fur-bearing
mammals, excluding coyotes. However, coyotes may not be hunted
utilizing these devices during open season for deer except by
properly licensed deer hunters.
(bb) It is unlawful for any person, except licensed game
breeders, pursuant to Section 2.29 to import, carry into, or
possess alive in this State any species of wildlife taken
outside of this State, without obtaining permission to do so
from the Director.
(cc) It is unlawful for any person to have in his or her
possession any freshly killed species protected by this Act
during the season closed for taking.
(dd) It is unlawful to take any species protected by this
Act and retain it alive except as provided by administrative
rule.
(ee) It is unlawful to possess any rifle while in the field

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during gun deer season except as provided in Sections 2.25 and
2.26 and administrative rules.
(ff) It is unlawful for any person to take any species
protected by this Act, except migratory waterfowl, during the
gun deer hunting season in those counties open to gun deer
hunting, unless he or she wears, when in the field, a cap and
upper outer garment of a solid blaze orange color or solid
blaze pink color, with such articles of clothing displaying a
minimum of 400 square inches of blaze orange or solid blaze
pink color material.
(gg) It is unlawful during the upland game season for any
person to take upland game with a firearm unless he or she
wears, while in the field, a cap of solid blaze orange color or
solid blaze pink color. For purposes of this Act, upland game
is defined as Bobwhite Quail, Hungarian Partridge, Ring-necked
Pheasant, Eastern Cottontail, and Swamp Rabbit.
(hh) It shall be unlawful to kill or cripple any species
protected by this Act for which there is a bag limit without
making a reasonable effort to retrieve such species and
include such in the bag limit. It shall be unlawful for any
person having control over harvested game mammals, game birds,
or migratory game birds for which there is a bag limit to
wantonly waste or destroy the usable meat of the game, except
this shall not apply to wildlife taken under Sections 2.37 or
3.22 of this Code. For purposes of this subsection, "usable
meat" means the breast meat of a game bird or migratory game

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bird and the hind ham and front shoulders of a game mammal. It
shall be unlawful for any person to place, leave, dump, or
abandon a wildlife carcass or parts of it along or upon a
public right-of-way or highway or on public or private
property, including a waterway or stream, without the
permission of the owner or tenant. It shall not be unlawful to
discard game meat that is determined to be unfit for human
consumption.
(ii) This Section shall apply only to those species
protected by this Act taken within the State. Any species or
any parts thereof, legally taken in and transported from other
states or countries, may be possessed within the State, except
as provided in this Section and Sections 2.35, 2.36, and 3.21.
(jj) (Blank).
(kk) Nothing contained in this Section shall prohibit the
Director from issuing permits to paraplegics or to other
persons with disabilities who meet the requirements set forth
in administrative rule to shoot or hunt from a vehicle as
provided by that rule, provided that such is otherwise in
accord with this Act.
(ll) Nothing contained in this Act shall prohibit the
taking of aquatic life protected by the Fish and Aquatic Life
Code or birds and mammals protected by this Act, except deer
and fur-bearing mammals, from a boat not camouflaged or
disguised to alter its identity or to further provide a place
of concealment and not propelled by sail or mechanical power.

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However, only shotguns not larger than 10 gauge nor smaller
than .410 bore loaded with not more than 3 shells of a shot
size no larger than lead BB or steel T (.20 diameter) may be
used to take species protected by this Act.
(mm) Nothing contained in this Act shall prohibit the use
of a shotgun, not larger than 10 gauge nor smaller than a 20
gauge, with a rifled barrel.
(nn) It shall be unlawful to possess any species of
wildlife or wildlife parts taken unlawfully in Illinois, any
other state, or any other country, whether or not the wildlife
or wildlife parts are indigenous to Illinois. For the purposes
of this subsection, the statute of limitations for unlawful
possession of wildlife or wildlife parts shall not cease until
2 years after the possession has permanently ended.
(oo) It is unlawful while deer hunting:
(1) to possess or be in close proximity to a rifle that
is not centerfire; or
(2) to be in possession of or in close proximity to a
magazine that is capable of making a rifle not a single
shot.
(Source: P.A. 102-237, eff. 1-1-22; 102-837, eff. 5-13-22;
102-932, eff. 1-1-23; 103-154, eff. 6-30-23.)
(520 ILCS 5/2.34) (from Ch. 61, par. 2.34)
Sec. 2.34. Dog trials.
(a) Dogs of any breed may be trained the year round in

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accordance with the provisions of this Act.
(b) During the periods of time when it is unlawful to take
species protected by this Act, the only firearms which shall
be used in the training of dogs from sunrise to sunset shall be
pistols with blank cartridges. No other gun or ammunition may
be in immediate possession during this time. No person or
persons in, along with, or accompanying the dog training
party, shall be in possession of any firearm or live
ammunition, except pistols capable of firing only blank
cartridges during the hours from sunset to sunrise. All
organized field trials or training grounds approved by the
Department shall be exempt from this provision unless in
accordance with the Firearm Concealed Carry Act.
(c) No field trial shall be held without a permit from the
Department.
The following Department areas shall be designated as
horseback field trial sites; Lee County Conservation Area, Des
Plaines Conservation Area, Moraine View State Park, Middle
Fork Fish and Wildlife Area, Hamilton County Conservation
Area, and Wayne Fitzgerrell State Park. The Department shall
provide and maintain quality wildlife habitat on these sites.
Field trials shall be scheduled only from September 1
through April 30 in the Northern Zone and September 1 through
April 15 in the Southern Zone. The Department maintains the
authority to schedule and administer field trials. The
boundary between the Northern Zone and the Southern Zone shall

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be U.S. Route 36. However, (i) if the opening date of the field
trial season falls on Sunday, the season will begin on
Saturday of that weekend; and (ii) if the closing date of the
field trial season falls on Saturday, the season will conclude
on Sunday of that weekend; and (iii) if during the final days
of the field trial season a field trial organization begins a
field trial which is subsequently interrupted due to inclement
weather, the field trial organization may complete the trial,
subject to the Department's approval, even though the field
trial season has ended. The field trial organization must
complete the trial on the first possible day or days. Field
trials for the retrieving breeds are exempt from these field
trials season provisions and shall have no closed season.
The fee for field trials shall be established by the
Department by rule.
(d) The Department is authorized to designate dog training
areas and to grant permits for all field trials including
those field trials where game birds reared under Section 3.23
are released and taken in accordance with the rules and
regulations set forth by the Department. Applications for
permits for such trials and training areas shall be
accompanied by detailed information as to the date and the
location of the grounds where such trial area or training
grounds is located. Applicants for field trial or dog training
permits must have the consent of the landowner prior to
applying for such permit. Fees and other regulations will be

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set by administrative rule.
(e) All permits for designated dog training areas shall
expire March 31st of each year.
(f) Permit holders for designated dog training areas must
possess a wild game breeder's permit or a game breeding and
hunting preserve area permit and may utilize live bird recall
devices on such areas.
(g) Nothing shall prevent an individual from using a dog
in the taking of squirrel during the open season.
(h) All hand reared game released and shot at field trials
shall be properly identified with tags as provided for by this
Act and such birds shall be banded before they are removed from
the field trial area.
(Source: P.A. 102-237, eff. 1-1-22.)
Section 80. The Criminal Code of 2012 is amended by
changing Sections 24-1, 24-1.6, 24-1.9, 24-1.10, 24-2, and
24-3 as follows:
(720 ILCS 5/24-1) (from Ch. 38, par. 24-1)
Sec. 24-1. Unlawful use of weapons.
(a) A person commits the offense of unlawful use of
weapons when he knowingly:
(1) Sells, manufactures, purchases, possesses or
carries any bludgeon, black-jack, slung-shot, sand-club,
sand-bag, metal knuckles or other knuckle weapon

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regardless of its composition, throwing star, or any
knife, commonly referred to as a switchblade knife, which
has a blade that opens automatically by hand pressure
applied to a button, spring or other device in the handle
of the knife, or a ballistic knife, which is a device that
propels a knifelike blade as a projectile by means of a
coil spring, elastic material or compressed gas; or
(2) Carries or possesses with intent to use the same
unlawfully against another, a dagger, dirk, billy,
dangerous knife, razor, stiletto, broken bottle or other
piece of glass, stun gun or taser or any other dangerous or
deadly weapon or instrument of like character; or
(2.5) Carries or possesses with intent to use the same
unlawfully against another, any firearm in a church,
synagogue, mosque, or other building, structure, or place
used for religious worship; or
(3) Carries on or about his person or in any vehicle, a
tear gas gun projector or bomb or any object containing
noxious liquid gas or substance, other than an object
containing a non-lethal noxious liquid gas or substance
designed solely for personal defense carried by a person
18 years of age or older; or
(4) Carries or possesses in any vehicle or concealed
on or about his person except when on his land or in his
own abode, legal dwelling, or fixed place of business, or
on the land or in the legal dwelling of another person as

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an invitee with that person's permission, any pistol,
revolver, stun gun or taser or other firearm, except that
this subsection (a)(4) does not apply to or affect
transportation of weapons that meet one of the following
conditions:
(i) are broken down in a non-functioning state; or
(ii) are not immediately accessible; or
(iii) are unloaded and enclosed in a case, firearm
carrying box, shipping box, or other container by a
person who has been issued a currently valid Firearm
Owner's Identification Card; or
(iv) are carried or possessed in accordance with
the Firearm Concealed Carry Act by a person who has
been issued a currently valid Firearm Owner's
Identification Card under the Firearm Owners
Identification Card Act license under the Firearm
Concealed Carry Act; or
(5) Sets a spring gun; or
(6) Possesses any device or attachment of any kind
designed, used or intended for use in silencing the report
of any firearm; or
(7) Sells, manufactures, purchases, possesses or
carries:
(i) a machine gun, which shall be defined for the
purposes of this subsection as any weapon, which
shoots, is designed to shoot, or can be readily

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restored to shoot, automatically more than one shot
without manually reloading by a single function of the
trigger, including the frame or receiver of any such
weapon, or sells, manufactures, purchases, possesses,
or carries any combination of parts designed or
intended for use in converting any weapon into a
machine gun, or any combination or parts from which a
machine gun can be assembled if such parts are in the
possession or under the control of a person;
(ii) any rifle having one or more barrels less
than 16 inches in length or a shotgun having one or
more barrels less than 18 inches in length or any
weapon made from a rifle or shotgun, whether by
alteration, modification, or otherwise, if such a
weapon as modified has an overall length of less than
26 inches; or
(iii) any bomb, bomb-shell, grenade, bottle or
other container containing an explosive substance of
over one-quarter ounce for like purposes, such as, but
not limited to, black powder bombs and Molotov
cocktails or artillery projectiles; or
(8) Carries or possesses any firearm, stun gun or
taser or other deadly weapon in any place which is
licensed to sell intoxicating beverages, or at any public
gathering held pursuant to a license issued by any
governmental body or any public gathering at which an

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admission is charged, excluding a place where a showing,
demonstration or lecture involving the exhibition of
unloaded firearms is conducted.
This subsection (a)(8) does not apply to any auction
or raffle of a firearm held pursuant to a license or permit
issued by a governmental body, nor does it apply to
persons engaged in firearm safety training courses; or
(9) Carries or possesses in a vehicle or on or about
his or her person any pistol, revolver, stun gun or taser
or firearm or ballistic knife, when he or she is hooded,
robed or masked in such manner as to conceal his or her
identity; or
(10) Carries or possesses on or about his or her
person, upon any public street, alley, or other public
lands within the corporate limits of a city, village, or
incorporated town, except when an invitee thereon or
therein, for the purpose of the display of such weapon or
the lawful commerce in weapons, or except when on his land
or in his or her own abode, legal dwelling, or fixed place
of business, or on the land or in the legal dwelling of
another person as an invitee with that person's
permission, any pistol, revolver, stun gun, or taser or
other firearm, except that this subsection (a)(10) does
not apply to or affect transportation of weapons that meet
one of the following conditions:
(i) are broken down in a non-functioning state; or

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(ii) are not immediately accessible; or
(iii) are unloaded and enclosed in a case, firearm
carrying box, shipping box, or other container by a
person who has been issued a currently valid Firearm
Owner's Identification Card; or
(iv) are carried or possessed in accordance with
the Firearm Owners Identification Card Act Concealed
Carry Act by a person who has been issued a currently
valid license under the Firearm Owner's Identification
Card Concealed Carry Act.
A "stun gun or taser", as used in this paragraph (a)
means (i) any device which is powered by electrical
charging units, such as, batteries, and which fires one or
several barbs attached to a length of wire and which, upon
hitting a human, can send out a current capable of
disrupting the person's nervous system in such a manner as
to render him incapable of normal functioning or (ii) any
device which is powered by electrical charging units, such
as batteries, and which, upon contact with a human or
clothing worn by a human, can send out current capable of
disrupting the person's nervous system in such a manner as
to render him incapable of normal functioning; or
(11) Sells, manufactures, delivers, imports,
possesses, or purchases any assault weapon attachment or
.50 caliber cartridge in violation of Section 24-1.9 or
any explosive bullet. For purposes of this paragraph (a)

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"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. "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; or
(12) (Blank); or
(13) Carries or possesses on or about his or her
person while in a building occupied by a unit of
government, a billy club, other weapon of like character,
or other instrument of like character intended for use as
a weapon. For the purposes of this Section, "billy club"
means a short stick or club commonly carried by police
officers which is either telescopic or constructed of a
solid piece of wood or other man-made material; or
(14) Manufactures, possesses, sells, or offers to
sell, purchase, manufacture, import, transfer, or use any
device, part, kit, tool, accessory, or combination of
parts that is designed to and functions to increase the
rate of fire of a semiautomatic firearm above the standard
rate of fire for semiautomatic firearms that is not
equipped with that device, part, or combination of parts;
or
(15) Carries or possesses any assault weapon or .50

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caliber rifle in violation of Section 24-1.9; or
(16) Manufactures, sells, delivers, imports, or
purchases any assault weapon or .50 caliber rifle in
violation of Section 24-1.9.
(b) Sentence. A person convicted of a violation of
subsection 24-1(a)(1) through (5), subsection 24-1(a)(10),
subsection 24-1(a)(11), subsection 24-1(a)(13), or 24-1(a)(15)
commits a Class A misdemeanor. A person convicted of a
violation of subsection 24-1(a)(8) or 24-1(a)(9) commits a
Class 4 felony; a person convicted of a violation of
subsection 24-1(a)(6), 24-1(a)(7)(ii), 24-1(a)(7)(iii), or
24-1(a)(16) commits a Class 3 felony. A person convicted of a
violation of subsection 24-1(a)(7)(i) commits a Class 2 felony
and shall be sentenced to a term of imprisonment of not less
than 3 years and not more than 7 years, unless the weapon is
possessed in the passenger compartment of a motor vehicle as
defined in Section 1-146 of the Illinois Vehicle Code, or on
the person, while the weapon is loaded, in which case it shall
be a Class X felony. A person convicted of a second or
subsequent violation of subsection 24-1(a)(4), 24-1(a)(8),
24-1(a)(9), 24-1(a)(10), or 24-1(a)(15) commits a Class 3
felony. A person convicted of a violation of subsection
24-1(a)(2.5) or 24-1(a)(14) commits a Class 2 felony. The
possession of each weapon or device in violation of this
Section constitutes a single and separate violation.
(c) Violations in specific places.

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(1) A person who violates subsection 24-1(a)(6) or
24-1(a)(7) in any school, regardless of the time of day or
the time of year, in residential property owned, operated
or managed by a public housing agency or leased by a public
housing agency as part of a scattered site or mixed-income
development, in a public park, in a courthouse, on the
real property comprising any school, regardless of the
time of day or the time of year, on residential property
owned, operated or managed by a public housing agency or
leased by a public housing agency as part of a scattered
site or mixed-income development, on the real property
comprising any public park, on the real property
comprising any courthouse, in any conveyance owned, leased
or contracted by a school to transport students to or from
school or a school related activity, in any conveyance
owned, leased, or contracted by a public transportation
agency, or on any public way within 1,000 feet of the real
property comprising any school, public park, courthouse,
public transportation facility, or residential property
owned, operated, or managed by a public housing agency or
leased by a public housing agency as part of a scattered
site or mixed-income development commits a Class 2 felony
and shall be sentenced to a term of imprisonment of not
less than 3 years and not more than 7 years.
(1.5) A person who violates subsection 24-1(a)(4),
24-1(a)(9), or 24-1(a)(10) in any school, regardless of

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the time of day or the time of year, in residential
property owned, operated, or managed by a public housing
agency or leased by a public housing agency as part of a
scattered site or mixed-income development, in a public
park, in a courthouse, on the real property comprising any
school, regardless of the time of day or the time of year,
on residential property owned, operated, or managed by a
public housing agency or leased by a public housing agency
as part of a scattered site or mixed-income development,
on the real property comprising any public park, on the
real property comprising any courthouse, in any conveyance
owned, leased, or contracted by a school to transport
students to or from school or a school related activity,
in any conveyance owned, leased, or contracted by a public
transportation agency, or on any public way within 1,000
feet of the real property comprising any school, public
park, courthouse, public transportation facility, or
residential property owned, operated, or managed by a
public housing agency or leased by a public housing agency
as part of a scattered site or mixed-income development
commits a Class 3 felony.
(2) A person who violates subsection 24-1(a)(1),
24-1(a)(2), or 24-1(a)(3) in any school, regardless of the
time of day or the time of year, in residential property
owned, operated or managed by a public housing agency or
leased by a public housing agency as part of a scattered

HB5785 - 132 - LRB103 39901 RLC 70908 b
site or mixed-income development, in a public park, in a
courthouse, on the real property comprising any school,
regardless of the time of day or the time of year, on
residential property owned, operated or managed by a
public housing agency or leased by a public housing agency
as part of a scattered site or mixed-income development,
on the real property comprising any public park, on the
real property comprising any courthouse, in any conveyance
owned, leased or contracted by a school to transport
students to or from school or a school related activity,
in any conveyance owned, leased, or contracted by a public
transportation agency, or on any public way within 1,000
feet of the real property comprising any school, public
park, courthouse, public transportation facility, or
residential property owned, operated, or managed by a
public housing agency or leased by a public housing agency
as part of a scattered site or mixed-income development
commits a Class 4 felony. "Courthouse" means any building
that is used by the Circuit, Appellate, or Supreme Court
of this State for the conduct of official business.
(3) Paragraphs (1), (1.5), and (2) of this subsection
(c) shall not apply to law enforcement officers or
security officers of such school, college, or university
or to students carrying or possessing firearms for use in
training courses, parades, hunting, target shooting on
school ranges, or otherwise with the consent of school

HB5785 - 133 - LRB103 39901 RLC 70908 b
authorities and which firearms are transported unloaded
enclosed in a suitable case, box, or transportation
package.
(4) For the purposes of this subsection (c), "school"
means any public or private elementary or secondary
school, community college, college, or university.
(5) For the purposes of this subsection (c), "public
transportation agency" means a public or private agency
that provides for the transportation or conveyance of
persons by means available to the general public, except
for transportation by automobiles not used for conveyance
of the general public as passengers; and "public
transportation facility" means a terminal or other place
where one may obtain public transportation.
(d) The presence in an automobile other than a public
omnibus of any weapon, instrument or substance referred to in
subsection (a)(7) is prima facie evidence that it is in the
possession of, and is being carried by, all persons occupying
such automobile at the time such weapon, instrument or
substance is found, except under the following circumstances:
(i) if such weapon, instrument or instrumentality is found
upon the person of one of the occupants therein; or (ii) if
such weapon, instrument or substance is found in an automobile
operated for hire by a duly licensed driver in the due, lawful
and proper pursuit of his or her trade, then such presumption
shall not apply to the driver.

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(e) Exemptions.
(1) Crossbows, Common or Compound bows and Underwater
Spearguns are exempted from the definition of ballistic
knife as defined in paragraph (1) of subsection (a) of
this Section.
(2) The provision of paragraph (1) of subsection (a)
of this Section prohibiting the sale, manufacture,
purchase, possession, or carrying of any knife, commonly
referred to as a switchblade knife, which has a blade that
opens automatically by hand pressure applied to a button,
spring or other device in the handle of the knife, does not
apply to a person who possesses a currently valid Firearm
Owner's Identification Card previously issued in his or
her name by the Illinois State Police or to a person or an
entity engaged in the business of selling or manufacturing
switchblade knives.
(Source: P.A. 101-223, eff. 1-1-20; 102-538, eff. 8-20-21;
102-1116, eff. 1-10-23.)
(720 ILCS 5/24-1.6)
Sec. 24-1.6. Aggravated unlawful use of a weapon.
(a) A person commits the offense of aggravated unlawful
use of a weapon when he or she knowingly:
(1) Carries on or about his or her person or in any
vehicle or concealed on or about his or her person except
when on his or her land or in his or her abode, legal

HB5785 - 135 - LRB103 39901 RLC 70908 b
dwelling, or fixed place of business, or on the land or in
the legal dwelling of another person as an invitee with
that person's permission, any pistol, revolver, stun gun
or taser or other firearm; or
(2) Carries or possesses on or about his or her
person, upon any public street, alley, or other public
lands within the corporate limits of a city, village or
incorporated town, except when an invitee thereon or
therein, for the purpose of the display of such weapon or
the lawful commerce in weapons, or except when on his or
her own land or in his or her own abode, legal dwelling, or
fixed place of business, or on the land or in the legal
dwelling of another person as an invitee with that
person's permission, any pistol, revolver, stun gun or
taser or other firearm; and
(3) One of the following factors is present:
(A) the firearm, other than a pistol, revolver, or
handgun, possessed was uncased, loaded, and
immediately accessible at the time of the offense; or
(A-5) the pistol, revolver, or handgun possessed
was uncased, loaded, and immediately accessible at the
time of the offense and the person possessing the
pistol, revolver, or handgun has not been issued a
currently valid Firearm Owner's Identification Card
under the Firearm Owners Identification Card license
under the Firearm Concealed Carry Act; or

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(B) the firearm, other than a pistol, revolver, or
handgun, possessed was uncased, unloaded, and the
ammunition for the weapon was immediately accessible
at the time of the offense; or
(B-5) the pistol, revolver, or handgun possessed
was uncased, unloaded, and the ammunition for the
weapon was immediately accessible at the time of the
offense and the person possessing the pistol,
revolver, or handgun has not been issued a currently
valid Firearm Owner's Identification Card under the
Firearm Owners Identification Card license under the
Firearm Concealed Carry Act; or
(C) the person possessing the firearm has not been
issued a currently valid Firearm Owner's
Identification Card; or
(D) the person possessing the weapon was
previously adjudicated a delinquent minor under the
Juvenile Court Act of 1987 for an act that if committed
by an adult would be a felony; or
(E) the person possessing the weapon was engaged
in a misdemeanor violation of the Cannabis Control
Act, in a misdemeanor violation of the Illinois
Controlled Substances Act, or in a misdemeanor
violation of the Methamphetamine Control and Community
Protection Act; or
(F) (blank); or

HB5785 - 137 - LRB103 39901 RLC 70908 b
(G) the person possessing the weapon had an order
of protection issued against him or her within the
previous 2 years; or
(H) the person possessing the weapon was engaged
in the commission or attempted commission of a
misdemeanor involving the use or threat of violence
against the person or property of another; or
(I) the person possessing the weapon was under 21
years of age and in possession of a handgun, unless the
person under 21 is engaged in lawful activities under
the Wildlife Code or described in subsection
24-2(b)(1), (b)(3), or 24-2(f).
(a-5) "Handgun" as used in this Section has the meaning
given to it in Section 13.1 of the Firearm Owners
Identification Card Section 5 of the Firearm Concealed Carry
Act.
(b) "Stun gun or taser" as used in this Section has the
same definition given to it in Section 24-1 of this Code.
(c) This Section does not apply to or affect the
transportation or possession of weapons that:
(i) are broken down in a non-functioning state; or
(ii) are not immediately accessible; or
(iii) are unloaded and enclosed in a case, firearm
carrying box, shipping box, or other container by a person
who has been issued a currently valid Firearm Owner's
Identification Card.

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(d) Sentence.
(1) Aggravated unlawful use of a weapon is a Class 4
felony; a second or subsequent offense is a Class 2 felony
for which the person shall be sentenced to a term of
imprisonment of not less than 3 years and not more than 7
years, except as provided for in Section 5-4.5-110 of the
Unified Code of Corrections.
(2) Except as otherwise provided in paragraphs (3) and
(4) of this subsection (d), a first offense of aggravated
unlawful use of a weapon committed with a firearm by a
person 18 years of age or older where the factors listed in
both items (A) and (C) or both items (A-5) and (C) of
paragraph (3) of subsection (a) are present is a Class 4
felony, for which the person shall be sentenced to a term
of imprisonment of not less than one year and not more than
3 years.
(3) Aggravated unlawful use of a weapon by a person
who has been previously convicted of a felony in this
State or another jurisdiction is a Class 2 felony for
which the person shall be sentenced to a term of
imprisonment of not less than 3 years and not more than 7
years, except as provided for in Section 5-4.5-110 of the
Unified Code of Corrections.
(4) Aggravated unlawful use of a weapon while wearing
or in possession of body armor as defined in Section 33F-1
by a person who has not been issued a valid Firearms

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Owner's Identification Card in accordance with Section 5
of the Firearm Owners Identification Card Act is a Class X
felony.
(e) The possession of each firearm in violation of this
Section constitutes a single and separate violation.
(Source: P.A. 100-3, eff. 1-1-18; 100-201, eff. 8-18-17.)
(720 ILCS 5/24-1.9)
Sec. 24-1.9. Manufacture, possession, delivery, sale, and
purchase of assault weapons, .50 caliber rifles, and .50
caliber cartridges.
(a) Definitions. In this Section:
(1) "Assault weapon" means any of the following, except as
provided in subdivision (2) of this subsection:
(A) A semiautomatic rifle that has the capacity to
accept a detachable magazine or that may be readily
modified to accept a detachable magazine, if the firearm
has one or more of the following:
(i) a pistol grip or thumbhole stock;
(ii) any feature capable of functioning as a
protruding grip that can be held by the non-trigger
hand;
(iii) a folding, telescoping, thumbhole, or
detachable stock, or a stock that is otherwise
foldable or adjustable in a manner that operates to
reduce the length, size, or any other dimension, or

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otherwise enhances the concealability of, the weapon;
(iv) a flash suppressor;
(v) a grenade launcher;
(vi) a shroud attached to the barrel or that
partially or completely encircles the barrel, allowing
the bearer to hold the firearm with the non-trigger
hand without being burned, but excluding a slide that
encloses the barrel.
(B) A semiautomatic rifle that has a fixed magazine
with the capacity to accept more than 10 rounds, except
for an attached tubular device designed to accept, and
capable of operating only with, .22 caliber rimfire
ammunition.
(C) A semiautomatic pistol that has the capacity to
accept a detachable magazine or that may be readily
modified to accept a detachable magazine, if the firearm
has one or more of the following:
(i) a threaded barrel;
(ii) a second pistol grip or another feature
capable of functioning as a protruding grip that can
be held by the non-trigger hand;
(iii) a shroud attached to the barrel or that
partially or completely encircles the barrel, allowing
the bearer to hold the firearm with the non-trigger
hand without being burned, but excluding a slide that
encloses the barrel;

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(iv) a flash suppressor;
(v) the capacity to accept a detachable magazine
at some location outside of the pistol grip; or
(vi) a buffer tube, arm brace, or other part that
protrudes horizontally behind the pistol grip and is
designed or redesigned to allow or facilitate a
firearm to be fired from the shoulder.
(D) A semiautomatic pistol that has a fixed magazine
with the capacity to accept more than 15 rounds.
(E) Any shotgun with a revolving cylinder.
(F) A semiautomatic shotgun that has one or more of
the following:
(i) a pistol grip or thumbhole stock;
(ii) any feature capable of functioning as a
protruding grip that can be held by the non-trigger
hand;
(iii) a folding or thumbhole stock;
(iv) a grenade launcher;
(v) a fixed magazine with the capacity of more
than 5 rounds; or
(vi) the capacity to accept a detachable magazine.
(G) Any semiautomatic firearm that has the capacity to
accept a belt ammunition feeding device.
(H) Any firearm that has been modified to be operable
as an assault weapon as defined in this Section.
(I) Any part or combination of parts designed or

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intended to convert a firearm into an assault weapon,
including any combination of parts from which an assault
weapon may be readily assembled if those parts are in the
possession or under the control of the same person.
(J) All of the following rifles, copies, duplicates,
variants, or altered facsimiles with the capability of any
such weapon:
(i) All AK types, including the following:
(I) AK, AK47, AK47S, AK-74, AKM, AKS, ARM,
MAK90, MISR, NHM90, NHM91, SA85, SA93, Vector Arms
AK-47, VEPR, WASR-10, and WUM.
(II) IZHMASH Saiga AK.
(III) MAADI AK47 and ARM.
(IV) Norinco 56S, 56S2, 84S, and 86S.
(V) Poly Technologies AK47 and AKS.
(VI) SKS with a detachable magazine.
(ii) all AR types, including the following:
(I) AR-10.
(II) AR-15.
(III) Alexander Arms Overmatch Plus 16.
(IV) Armalite M15 22LR Carbine.
(V) Armalite M15-T.
(VI) Barrett REC7.
(VII) Beretta AR-70.
(VIII) Black Rain Ordnance Recon Scout.
(IX) Bushmaster ACR.

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(X) Bushmaster Carbon 15.
(XI) Bushmaster MOE series.
(XII) Bushmaster XM15.
(XIII) Chiappa Firearms MFour rifles.
(XIV) Colt Match Target rifles.
(XV) CORE Rifle Systems CORE15 rifles.
(XVI) Daniel Defense M4A1 rifles.
(XVII) Devil Dog Arms 15 Series rifles.
(XVIII) Diamondback DB15 rifles.
(XIX) DoubleStar AR rifles.
(XX) DPMS Tactical rifles.
(XXI) DSA Inc. ZM-4 Carbine.
(XXII) Heckler & Koch MR556.
(XXIII) High Standard HSA-15 rifles.
(XXIV) Jesse James Nomad AR-15 rifle.
(XXV) Knight's Armament SR-15.
(XXVI) Lancer L15 rifles.
(XXVII) MGI Hydra Series rifles.
(XXVIII) Mossberg MMR Tactical rifles.
(XXIX) Noreen Firearms BN 36 rifle.
(XXX) Olympic Arms.
(XXXI) POF USA P415.
(XXXII) Precision Firearms AR rifles.
(XXXIII) Remington R-15 rifles.
(XXXIV) Rhino Arms AR rifles.
(XXXV) Rock River Arms LAR-15 or Rock River

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Arms LAR-47.
(XXXVI) Sig Sauer SIG516 rifles and MCX
rifles.
(XXXVII) Smith & Wesson M&P15 rifles.
(XXXVIII) Stag Arms AR rifles.
(XXXIX) Sturm, Ruger & Co. SR556 and AR-556
rifles.
(XL) Uselton Arms Air-Lite M-4 rifles.
(XLI) Windham Weaponry AR rifles.
(XLII) WMD Guns Big Beast.
(XLIII) Yankee Hill Machine Company, Inc.
YHM-15 rifles.
(iii) Barrett M107A1.
(iv) Barrett M82A1.
(v) Beretta CX4 Storm.
(vi) Calico Liberty Series.
(vii) CETME Sporter.
(viii) Daewoo K-1, K-2, Max 1, Max 2, AR 100, and
AR 110C.
(ix) Fabrique Nationale/FN Herstal FAL, LAR, 22
FNC, 308 Match, L1A1 Sporter, PS90, SCAR, and FS2000.
(x) Feather Industries AT-9.
(xi) Galil Model AR and Model ARM.
(xii) Hi-Point Carbine.
(xiii) HK-91, HK-93, HK-94, HK-PSG-1, and HK USC.
(xiv) IWI TAVOR, Galil ACE rifle.

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(xv) Kel-Tec Sub-2000, SU-16, and RFB.
(xvi) SIG AMT, SIG PE-57, Sig Sauer SG 550, Sig
Sauer SG 551, and SIG MCX.
(xvii) Springfield Armory SAR-48.
(xviii) Steyr AUG.
(xix) Sturm, Ruger & Co. Mini-14 Tactical Rifle
M-14/20CF.
(xx) All Thompson rifles, including the following:
(I) Thompson M1SB.
(II) Thompson T1100D.
(III) Thompson T150D.
(IV) Thompson T1B.
(V) Thompson T1B100D.
(VI) Thompson T1B50D.
(VII) Thompson T1BSB.
(VIII) Thompson T1-C.
(IX) Thompson T1D.
(X) Thompson T1SB.
(XI) Thompson T5.
(XII) Thompson T5100D.
(XIII) Thompson TM1.
(XIV) Thompson TM1C.
(xxi) UMAREX UZI rifle.
(xxii) UZI Mini Carbine, UZI Model A Carbine, and
UZI Model B Carbine.
(xxiii) Valmet M62S, M71S, and M78.

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(xxiv) Vector Arms UZI Type.
(xxv) Weaver Arms Nighthawk.
(xxvi) Wilkinson Arms Linda Carbine.
(K) All of the following pistols, copies, duplicates,
variants, or altered facsimiles with the capability of any
such weapon thereof:
(i) All AK types, including the following:
(I) Centurion 39 AK pistol.
(II) CZ Scorpion pistol.
(III) Draco AK-47 pistol.
(IV) HCR AK-47 pistol.
(V) IO Inc. Hellpup AK-47 pistol.
(VI) Krinkov pistol.
(VII) Mini Draco AK-47 pistol.
(VIII) PAP M92 pistol.
(IX) Yugo Krebs Krink pistol.
(ii) All AR types, including the following:
(I) American Spirit AR-15 pistol.
(II) Bushmaster Carbon 15 pistol.
(III) Chiappa Firearms M4 Pistol GEN II.
(IV) CORE Rifle Systems CORE15 Roscoe pistol.
(V) Daniel Defense MK18 pistol.
(VI) DoubleStar Corporation AR pistol.
(VII) DPMS AR-15 pistol.
(VIII) Jesse James Nomad AR-15 pistol.
(IX) Olympic Arms AR-15 pistol.

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(X) Osprey Armament MK-18 pistol.
(XI) POF USA AR pistols.
(XII) Rock River Arms LAR 15 pistol.
(XIII) Uselton Arms Air-Lite M-4 pistol.
(iii) Calico pistols.
(iv) DSA SA58 PKP FAL pistol.
(v) Encom MP-9 and MP-45.
(vi) Heckler & Koch model SP-89 pistol.
(vii) Intratec AB-10, TEC-22 Scorpion, TEC-9, and
TEC-DC9.
(viii) IWI Galil Ace pistol, UZI PRO pistol.
(ix) Kel-Tec PLR 16 pistol.
(x) All MAC types, including the following:
(I) MAC-10.
(II) MAC-11.
(III) Masterpiece Arms MPA A930 Mini Pistol,
MPA460 Pistol, MPA Tactical Pistol, and MPA Mini
Tactical Pistol.
(IV) Military Armament Corp. Ingram M-11.
(V) Velocity Arms VMAC.
(xi) Sig Sauer P556 pistol.
(xii) Sites Spectre.
(xiii) All Thompson types, including the
following:
(I) Thompson TA510D.
(II) Thompson TA5.

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(xiv) All UZI types, including Micro-UZI.
(L) All of the following shotguns, copies, duplicates,
variants, or altered facsimiles with the capability of any
such weapon thereof:
(i) DERYA Anakon MC-1980, Anakon SD12.
(ii) Doruk Lethal shotguns.
(iii) Franchi LAW-12 and SPAS 12.
(iv) All IZHMASH Saiga 12 types, including the
following:
(I) IZHMASH Saiga 12.
(II) IZHMASH Saiga 12S.
(III) IZHMASH Saiga 12S EXP-01.
(IV) IZHMASH Saiga 12K.
(V) IZHMASH Saiga 12K-030.
(VI) IZHMASH Saiga 12K-040 Taktika.
(v) Streetsweeper.
(vi) Striker 12.
(2) "Assault weapon" does not include:
(A) Any firearm that is an unserviceable firearm or
has been made permanently inoperable.
(B) An antique firearm or a replica of an antique
firearm.
(C) A firearm that is manually operated by bolt, pump,
lever or slide action, unless the firearm is a shotgun
with a revolving cylinder.
(D) Any air rifle as defined in Section 24.8-0.1 of

HB5785 - 149 - LRB103 39901 RLC 70908 b
this Code.
(E) Any handgun, as defined under Section 13.1 of the
Firearm Owners Identification Card Act the Firearm
Concealed Carry Act, unless otherwise listed in this
Section.
(3) "Assault weapon attachment" means any device capable
of being attached to a firearm that is specifically designed
for making or converting a firearm into any of the firearms
listed in paragraph (1) of this subsection (a).
(4) "Antique firearm" has the meaning ascribed to it in 18
U.S.C. 921(a)(16).
(5) ".50 caliber rifle" means a centerfire rifle capable
of firing a .50 caliber cartridge. The term does not include
any antique firearm, any shotgun including a shotgun that has
a rifle barrel, or any muzzle-loader which uses black powder
for hunting or historical reenactments.
(6) ".50 caliber cartridge" means a cartridge in .50 BMG
caliber, either by designation or actual measurement, that is
capable of being fired from a centerfire rifle. The term ".50
caliber cartridge" does not include any memorabilia or display
item that is filled with a permanent inert substance or that is
otherwise permanently altered in a manner that prevents ready
modification for use as live ammunition or shotgun ammunition
with a caliber measurement that is equal to or greater than .50
caliber.
(7) "Detachable magazine" means an ammunition feeding

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device that may be removed from a firearm without disassembly
of the firearm action, including an ammunition feeding device
that may be readily removed from a firearm with the use of a
bullet, cartridge, accessory, or other tool, or any other
object that functions as a tool, including a bullet or
cartridge.
(8) "Fixed magazine" means an ammunition feeding device
that is permanently attached to a firearm, or contained in and
not removable from a firearm, or that is otherwise not a
detachable magazine, but does not include an attached tubular
device designed to accept, and capable of operating only with,
.22 caliber rimfire ammunition.
(b) Except as provided in subsections (c), (d), and (e),
on or after January 10, 2023 (the effective date of Public Act
102-1116) this amendatory Act of the 102nd General Assembly,
it is unlawful for any person within this State to knowingly
manufacture, deliver, sell, import, or purchase or cause to be
manufactured, delivered, sold, imported, or purchased by
another, an assault weapon, assault weapon attachment, .50
caliber rifle, or .50 caliber cartridge.
(c) Except as otherwise provided in subsection (d),
beginning January 1, 2024, it is unlawful for any person
within this State to knowingly possess an assault weapon,
assault weapon attachment, .50 caliber rifle, or .50 caliber
cartridge.
(d) This Section does not apply to a person's possession

HB5785 - 151 - LRB103 39901 RLC 70908 b
of an assault weapon, assault weapon attachment, .50 caliber
rifle, or .50 caliber cartridge device if the person lawfully
possessed that assault weapon, assault weapon attachment, .50
caliber rifle, or .50 caliber cartridge prohibited by
subsection (c) of this Section, if the person has provided in
an endorsement affidavit, prior to January 1, 2024, under oath
or affirmation and in the form and manner prescribed by the
Illinois State Police, no later than October 1, 2023:
(1) the affiant's Firearm Owner's Identification Card
number;
(2) an affirmation that the affiant: (i) possessed an
assault weapon, assault weapon attachment, .50 caliber
rifle, or .50 caliber cartridge before January 10, 2023
(the effective date of Public Act 102-1116) this
amendatory Act of the 102nd General Assembly; or (ii)
inherited the assault weapon, assault weapon attachment,
.50 caliber rifle, or .50 caliber cartridge from a person
with an endorsement under this Section or from a person
authorized under subdivisions (1) through (5) of
subsection (e) to possess the assault weapon, assault
weapon attachment, .50 caliber rifle, or .50 caliber
cartridge; and
(3) the make, model, caliber, and serial number of the
.50 caliber rifle or assault weapon or assault weapons
listed in paragraphs (J), (K), and (L) of subdivision (1)
of subsection (a) of this Section possessed by the affiant

HB5785 - 152 - LRB103 39901 RLC 70908 b
prior to January 10, 2023 (the effective date of Public
Act 102-1116) this amendatory Act of the 102nd General
Assembly and any assault weapons identified and published
by the Illinois State Police pursuant to this subdivision
(3). No later than October 1, 2023, and every October 1
thereafter, the Illinois State Police shall, via
rulemaking, identify, publish, and make available on its
website, the list of assault weapons subject to an
endorsement affidavit under this subsection (d). The list
shall identify, but is not limited to, the copies,
duplicates, variants, and altered facsimiles of the
assault weapons identified in paragraphs (J), (K), and (L)
of subdivision (1) of subsection (a) of this Section and
shall be consistent with the definition of "assault
weapon" identified in this Section. The Illinois State
Police may adopt emergency rulemaking in accordance with
Section 5-45 of the Illinois Administrative Procedure Act.
The adoption of emergency rules authorized by Section 5-45
of the Illinois Administrative Procedure Act and this
paragraph is deemed to be necessary for the public
interest, safety, and welfare.
The affidavit form shall include the following statement
printed in bold type: "Warning: Entering false information on
this form is punishable as perjury under Section 32-2 of the
Criminal Code of 2012. Entering false information on this form
is a violation of the Firearm Owners Identification Card Act."

HB5785 - 153 - LRB103 39901 RLC 70908 b
In any administrative, civil, or criminal proceeding in
this State, a completed endorsement affidavit submitted to the
Illinois State Police by a person under this Section creates a
rebuttable presumption that the person is entitled to possess
and transport the assault weapon, assault weapon attachment,
.50 caliber rifle, or .50 caliber cartridge.
Beginning 90 days after January 10, 2023 (the effective
date of Public Act 102-1116) this amendatory Act of the 102nd
General Assembly, a person authorized under this Section to
possess an assault weapon, assault weapon attachment, .50
caliber rifle, or .50 caliber cartridge shall possess such
items only:
(1) on private property owned or immediately
controlled by the person;
(2) on private property that is not open to the public
with the express permission of the person who owns or
immediately controls such property;
(3) while on the premises of a licensed firearms
dealer or gunsmith for the purpose of lawful repair;
(4) while engaged in the legal use of the assault
weapon, assault weapon attachment, .50 caliber rifle, or
.50 caliber cartridge at a properly licensed firing range
or sport shooting competition venue; or
(5) while traveling to or from these locations,
provided that the assault weapon, assault weapon
attachment, or .50 caliber rifle is unloaded and the

HB5785 - 154 - LRB103 39901 RLC 70908 b
assault weapon, assault weapon attachment, .50 caliber
rifle, or .50 caliber cartridge is enclosed in a case,
firearm carrying box, shipping box, or other container.
Beginning on January 1, 2024, the person with the
endorsement for an assault weapon, assault weapon attachment,
.50 caliber rifle, or .50 caliber cartridge or a person
authorized under subdivisions (1) through (5) of subsection
(e) to possess an assault weapon, assault weapon attachment,
.50 caliber rifle, or .50 caliber cartridge may transfer the
assault weapon, assault weapon attachment, .50 caliber rifle,
or .50 caliber cartridge only to an heir, an individual
residing in another state maintaining it in another state, or
a dealer licensed as a federal firearms dealer under Section
923 of the federal Gun Control Act of 1968. Within 10 days
after transfer of the weapon except to an heir, the person
shall notify the Illinois State Police of the name and address
of the transferee and comply with the requirements of
subsection (b) of Section 3 of the Firearm Owners
Identification Card Act. The person to whom the weapon or
ammunition is transferred shall, within 60 days of the
transfer, complete an affidavit required under this Section. A
person to whom the weapon is transferred may transfer it only
as provided in this subsection.
Except as provided in subsection (e) and beginning on
January 1, 2024, any person who moves into this State in
possession of an assault weapon, assault weapon attachment,

HB5785 - 155 - LRB103 39901 RLC 70908 b
.50 caliber rifle, or .50 caliber cartridge shall, within 60
days, apply for a Firearm Owners Identification Card and
complete an endorsement application as outlined in subsection
(d).
Notwithstanding any other law, information contained in
the endorsement affidavit shall be confidential, is exempt
from disclosure under the Freedom of Information Act, and
shall not be disclosed, except to law enforcement agencies
acting in the performance of their duties.
(e) The provisions of this Section regarding the purchase
or possession of assault weapons, assault weapon attachments,
.50 caliber rifles, and .50 cartridges, as well as the
provisions of this Section that prohibit causing those items
to be purchased or possessed, do not apply to:
(1) Peace officers, as defined in Section 2-13 of this
Code.
(2) Qualified law enforcement officers and qualified
retired law enforcement officers as defined in the Law
Enforcement Officers Safety Act of 2004 (18 U.S.C. 926B
and 926C) and as recognized under Illinois law.
(3) Acquisition and possession by a federal, State, or
local law enforcement agency for the purpose of equipping
the agency's peace officers as defined in paragraph (1) or
(2) of this subsection (e).
(4) Wardens, superintendents, and keepers of prisons,
penitentiaries, jails, and other institutions for the

HB5785 - 156 - LRB103 39901 RLC 70908 b
detention of persons accused or convicted of an offense.
(5) Members of the Armed Services or Reserve Forces of
the United States or the Illinois National Guard, while
performing their official duties or while traveling to or
from their places of duty.
(6) Any company that employs armed security officers
in this State at a nuclear energy, storage, weapons, or
development site or facility regulated by the federal
Nuclear Regulatory Commission and any person employed as
an armed security force member at a nuclear energy,
storage, weapons, or development site or facility
regulated by the federal Nuclear Regulatory Commission who
has completed the background screening and training
mandated by the rules and regulations of the federal
Nuclear Regulatory Commission and while performing
official duties.
(7) Any private security contractor agency licensed
under the Private Detective, Private Alarm, Private
Security, Fingerprint Vendor, and Locksmith Act of 2004
that employs private security contractors and any private
security contractor who is licensed and has been issued a
firearm control card under the Private Detective, Private
Alarm, Private Security, Fingerprint Vendor, and Locksmith
Act of 2004 while performing official duties.
The provisions of this Section do not apply to the
manufacture, delivery, sale, import, purchase, or possession

HB5785 - 157 - LRB103 39901 RLC 70908 b
of an assault weapon, assault weapon attachment, .50 caliber
rifle, or .50 caliber cartridge or causing the manufacture,
delivery, sale, importation, purchase, or possession of those
items:
(A) for sale or transfer to persons authorized under
subdivisions (1) through (7) of this subsection (e) to
possess those items;
(B) for sale or transfer to the United States or any
department or agency thereof; or
(C) for sale or transfer in another state or for
export.
This Section does not apply to or affect any of the
following:
(i) Possession of any firearm if that firearm is
sanctioned by the International Olympic Committee and by
USA Shooting, the national governing body for
international shooting competition in the United States,
but only when the firearm is in the actual possession of an
Olympic target shooting competitor or target shooting
coach for the purpose of storage, transporting to and from
Olympic target shooting practice or events if the firearm
is broken down in a nonfunctioning state, is not
immediately accessible, or is unloaded and enclosed in a
firearm case, carrying box, shipping box, or other similar
portable container designed for the safe transportation of
firearms, and when the Olympic target shooting competitor

HB5785 - 158 - LRB103 39901 RLC 70908 b
or target shooting coach is engaging in those practices or
events. For the purposes of this paragraph (8), "firearm"
has the meaning provided in Section 1.1 of the Firearm
Owners Identification Card Act.
(ii) Any nonresident who transports, within 24 hours,
a weapon for any lawful purpose from any place where the
nonresident may lawfully possess and carry that weapon to
any other place where the nonresident may lawfully possess
and carry that weapon if, during the transportation, the
weapon is unloaded, and neither the weapon nor any
ammunition being transported is readily accessible or is
directly accessible from the passenger compartment of the
transporting vehicle. In the case of a vehicle without a
compartment separate from the driver's compartment, the
weapon or ammunition shall be contained in a locked
container other than the glove compartment or console.
(iii) Possession of a weapon at an event taking place
at the World Shooting and Recreational Complex at Sparta,
only while engaged in the legal use of the weapon, or while
traveling to or from that location if the weapon is broken
down in a nonfunctioning state, is not immediately
accessible, or is unloaded and enclosed in a firearm case,
carrying box, shipping box, or other similar portable
container designed for the safe transportation of
firearms.
(iv) Possession of a weapon only for hunting use

HB5785 - 159 - LRB103 39901 RLC 70908 b
expressly permitted under the Wildlife Code, or while
traveling to or from a location authorized for this
hunting use under the Wildlife Code if the weapon is
broken down in a nonfunctioning state, is not immediately
accessible, or is unloaded and enclosed in a firearm case,
carrying box, shipping box, or other similar portable
container designed for the safe transportation of
firearms. By October 1, 2023, the Illinois State Police,
in consultation with the Department of Natural Resources,
shall adopt rules concerning the list of applicable
weapons approved under this subparagraph (iv). The
Illinois State Police may adopt emergency rules in
accordance with Section 5-45 of the Illinois
Administrative Procedure Act. The adoption of emergency
rules authorized by Section 5-45 of the Illinois
Administrative Procedure Act and this paragraph is deemed
to be necessary for the public interest, safety, and
welfare.
(v) The manufacture, transportation, possession, sale,
or rental of blank-firing assault weapons and .50 caliber
rifles, or the weapon's respective attachments, to persons
authorized or permitted, or both authorized and permitted,
to acquire and possess these weapons or attachments for
the purpose of rental for use solely as props for a motion
picture, television, or video production or entertainment
event.

HB5785 - 160 - LRB103 39901 RLC 70908 b
Any person not subject to this Section may submit an
endorsement affidavit if the person chooses.
(f) Any sale or transfer with a background check initiated
to the Illinois State Police on or before January 10, 2023 (the
effective date of Public Act 102-1116) this amendatory Act of
the 102nd General Assembly is allowed to be completed after
January 10, 2023 the effective date of this amendatory Act
once an approval is issued by the Illinois State Police and any
applicable waiting period under Section 24-3 has expired.
(g) The Illinois State Police shall take all steps
necessary to carry out the requirements of this Section within
by October 1, 2023.
(h) The Illinois Department of the State Police shall also
develop and implement a public notice and public outreach
campaign to promote awareness about the provisions of Public
Act 102-1116 this amendatory Act of the 102nd General Assembly
and to increase compliance with this Section.
(Source: P.A. 102-1116, eff. 1-10-23; revised 4-6-23.)
(720 ILCS 5/24-1.10)
Sec. 24-1.10. Manufacture, delivery, sale, and possession
of large capacity ammunition feeding devices.
(a) In this Section:
"Handgun" has the meaning ascribed to it in Section 13.1
of the Firearm Owners Identification Card Act the Firearm
Concealed Carry Act.

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"Long gun" means a rifle or shotgun.
"Large capacity ammunition feeding device" means:
(1) a magazine, belt, drum, feed strip, or similar
device that has a capacity of, or that can be readily
restored or converted to accept, more than 10 rounds of
ammunition for long guns and more than 15 rounds of
ammunition for handguns; or
(2) any combination of parts from which a device
described in paragraph (1) can be assembled.
"Large capacity ammunition feeding device" does not
include an attached tubular device designed to accept, and
capable of operating only with, .22 caliber rimfire
ammunition. "Large capacity ammunition feeding device" does
not include a tubular magazine that is contained in a
lever-action firearm or any device that has been made
permanently inoperable.
(b) Except as provided in subsections (e) and (f), it is
unlawful for any person within this State to knowingly
manufacture, deliver, sell, purchase, or cause to be
manufactured, delivered, sold, or purchased a large capacity
ammunition feeding device.
(c) Except as provided in subsections (d), (e), and (f),
and beginning 90 days after January 10, 2023 (the effective
date of Public Act 102-1116) this amendatory Act of the 102nd
General Assembly, it is unlawful to knowingly possess a large
capacity ammunition feeding device.

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(d) Subsection (c) does not apply to a person's possession
of a large capacity ammunition feeding device if the person
lawfully possessed that large capacity ammunition feeding
device before January 10, 2023 (the effective date of Public
Act 102-1116) this amendatory Act of the 102nd General
Assembly, provided that the person shall possess such device
only:
(1) on private property owned or immediately
controlled by the person;
(2) on private property that is not open to the public
with the express permission of the person who owns or
immediately controls such property;
(3) while on the premises of a licensed firearms
dealer or gunsmith for the purpose of lawful repair;
(4) while engaged in the legal use of the large
capacity ammunition feeding device at a properly licensed
firing range or sport shooting competition venue; or
(5) while traveling to or from these locations,
provided that the large capacity ammunition feeding device
is stored unloaded and enclosed in a case, firearm
carrying box, shipping box, or other container.
A person authorized under this Section to possess a large
capacity ammunition feeding device may transfer the large
capacity ammunition feeding device only to an heir, an
individual residing in another state maintaining it in another
state, or a dealer licensed as a federal firearms dealer under

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Section 923 of the federal Gun Control Act of 1968. Within 10
days after transfer of the large capacity ammunition feeding
device except to an heir, the person shall notify the Illinois
State Police of the name and address of the transferee and
comply with the requirements of subsection (b) of Section 3 of
the Firearm Owners Identification Card Act. The person to whom
the large capacity ammunition feeding device is transferred
shall, within 60 days of the transfer, notify the Illinois
State Police of the person's acquisition and comply with the
requirements of subsection (b) of Section 3 of the Firearm
Owners Identification Card Act. A person to whom the large
capacity ammunition feeding device is transferred may transfer
it only as provided in this subsection.
Except as provided in subsections (e) and (f) and
beginning 90 days after January 10, 2023 (the effective date
of Public Act 102-1116) this amendatory Act of the 102nd
General Assembly, any person who moves into this State in
possession of a large capacity ammunition feeding device
shall, within 60 days, apply for a Firearm Owners
Identification Card.
(e) The provisions of this Section regarding the purchase
or possession of large capacity ammunition feeding devices, as
well as the provisions of this Section that prohibit causing
those items to be purchased or possessed, do not apply to:
(1) Peace officers as defined in Section 2-13 of this
Code.

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(2) Qualified law enforcement officers and qualified
retired law enforcement officers as defined in the Law
Enforcement Officers Safety Act of 2004 (18 U.S.C. 926B
and 926C) and as recognized under Illinois law.
(3) A federal, State, or local law enforcement agency
for the purpose of equipping the agency's peace officers
as defined in paragraph (1) or (2) of this subsection (e).
(4) Wardens, superintendents, and keepers of prisons,
penitentiaries, jails, and other institutions for the
detention of persons accused or convicted of an offense.
(5) Members of the Armed Services or Reserve Forces of
the United States or the Illinois National Guard, while
performing their official duties or while traveling to or
from their places of duty.
(6) Any company that employs armed security officers
in this State at a nuclear energy, storage, weapons, or
development site or facility regulated by the federal
Nuclear Regulatory Commission and any person employed as
an armed security force member at a nuclear energy,
storage, weapons, or development site or facility
regulated by the federal Nuclear Regulatory Commission who
has completed the background screening and training
mandated by the rules and regulations of the federal
Nuclear Regulatory Commission and while performing
official duties.
(7) Any private security contractor agency licensed

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under the Private Detective, Private Alarm, Private
Security, Fingerprint Vendor, and Locksmith Act of 2004
that employs private security contractors and any private
security contractor who is licensed and has been issued a
firearm control card under the Private Detective, Private
Alarm, Private Security, Fingerprint Vendor, and Locksmith
Act of 2004 while performing official duties.
(f) This Section does not apply to or affect any of the
following:
(1) Manufacture, delivery, sale, importation,
purchase, or possession or causing to be manufactured,
delivered, sold, imported, purchased, or possessed a large
capacity ammunition feeding device:
(A) for sale or transfer to persons authorized
under subdivisions (1) through (7) of subsection (e)
to possess those items;
(B) for sale or transfer to the United States or
any department or agency thereof; or
(C) for sale or transfer in another state or for
export.
(2) Sale or rental of large capacity ammunition
feeding devices for blank-firing assault weapons and .50
caliber rifles, to persons authorized or permitted, or
both authorized and permitted, to acquire these devices
for the purpose of rental for use solely as props for a
motion picture, television, or video production or

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entertainment event.
(g) Sentence. A person who knowingly manufactures,
delivers, sells, purchases, possesses, or causes to be
manufactured, delivered, sold, possessed, or purchased in
violation of this Section a large capacity ammunition feeding
device capable of holding more than 10 rounds of ammunition
for long guns or more than 15 rounds of ammunition for handguns
commits a petty offense with a fine of $1,000 for each
violation.
(h) The Illinois Department of the State Police shall also
develop and implement a public notice and public outreach
campaign to promote awareness about the provisions of Public
Act 102-1116 this amendatory Act of the 102nd General Assembly
and to increase compliance with this Section.
(Source: P.A. 102-1116, eff. 1-10-23; revised 4-6-23.)
(720 ILCS 5/24-2)
Sec. 24-2. Exemptions.
(a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and
24-1(a)(13) and Section 24-1.6 do not apply to or affect any of
the following:
(1) Peace officers, and any person summoned by a peace
officer to assist in making arrests or preserving the
peace, while actually engaged in assisting such officer.
(2) Wardens, superintendents and keepers of prisons,
penitentiaries, jails and other institutions for the

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detention of persons accused or convicted of an offense,
while in the performance of their official duty, or while
commuting between their homes and places of employment.
(3) Members of the Armed Services or Reserve Forces of
the United States or the Illinois National Guard or the
Reserve Officers Training Corps, while in the performance
of their official duty.
(4) Special agents employed by a railroad or a public
utility to perform police functions, and guards of armored
car companies, while actually engaged in the performance
of the duties of their employment or commuting between
their homes and places of employment; and watchmen while
actually engaged in the performance of the duties of their
employment.
(5) Persons licensed as private security contractors,
private detectives, or private alarm contractors, or
employed by a private security contractor, private
detective, or private alarm contractor agency licensed by
the Department of Financial and Professional Regulation,
if their duties include the carrying of a weapon under the
provisions of the Private Detective, Private Alarm,
Private Security, Fingerprint Vendor, and Locksmith Act of
2004, while actually engaged in the performance of the
duties of their employment or commuting between their
homes and places of employment. A person shall be
considered eligible for this exemption if he or she has

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completed the required 20 hours of training for a private
security contractor, private detective, or private alarm
contractor, or employee of a licensed private security
contractor, private detective, or private alarm contractor
agency and 28 hours of required firearm training, and has
been issued a firearm control card by the Department of
Financial and Professional Regulation. Conditions for the
renewal of firearm control cards issued under the
provisions of this Section shall be the same as for those
cards issued under the provisions of the Private
Detective, Private Alarm, Private Security, Fingerprint
Vendor, and Locksmith Act of 2004. The firearm control
card shall be carried by the private security contractor,
private detective, or private alarm contractor, or
employee of the licensed private security contractor,
private detective, or private alarm contractor agency at
all times when he or she is in possession of a concealable
weapon permitted by his or her firearm control card.
(6) Any person regularly employed in a commercial or
industrial operation as a security guard for the
protection of persons employed and private property
related to such commercial or industrial operation, while
actually engaged in the performance of his or her duty or
traveling between sites or properties belonging to the
employer, and who, as a security guard, is a member of a
security force registered with the Department of Financial

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and Professional Regulation; provided that such security
guard has successfully completed a course of study,
approved by and supervised by the Department of Financial
and Professional Regulation, consisting of not less than
48 hours of training that includes the theory of law
enforcement, liability for acts, and the handling of
weapons. A person shall be considered eligible for this
exemption if he or she has completed the required 20 hours
of training for a security officer and 28 hours of
required firearm training, and has been issued a firearm
control card by the Department of Financial and
Professional Regulation. Conditions for the renewal of
firearm control cards issued under the provisions of this
Section shall be the same as for those cards issued under
the provisions of the Private Detective, Private Alarm,
Private Security, Fingerprint Vendor, and Locksmith Act of
2004. The firearm control card shall be carried by the
security guard at all times when he or she is in possession
of a concealable weapon permitted by his or her firearm
control card.
(7) Agents and investigators of the Illinois
Legislative Investigating Commission authorized by the
Commission to carry the weapons specified in subsections
24-1(a)(3) and 24-1(a)(4), while on duty in the course of
any investigation for the Commission.
(8) Persons employed by a financial institution as a

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security guard for the protection of other employees and
property related to such financial institution, while
actually engaged in the performance of their duties,
commuting between their homes and places of employment, or
traveling between sites or properties owned or operated by
such financial institution, and who, as a security guard,
is a member of a security force registered with the
Department; provided that any person so employed has
successfully completed a course of study, approved by and
supervised by the Department of Financial and Professional
Regulation, consisting of not less than 48 hours of
training which includes theory of law enforcement,
liability for acts, and the handling of weapons. A person
shall be considered to be eligible for this exemption if
he or she has completed the required 20 hours of training
for a security officer and 28 hours of required firearm
training, and has been issued a firearm control card by
the Department of Financial and Professional Regulation.
Conditions for renewal of firearm control cards issued
under the provisions of this Section shall be the same as
for those issued under the provisions of the Private
Detective, Private Alarm, Private Security, Fingerprint
Vendor, and Locksmith Act of 2004. The firearm control
card shall be carried by the security guard at all times
when he or she is in possession of a concealable weapon
permitted by his or her firearm control card. For purposes

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of this subsection, "financial institution" means a bank,
savings and loan association, credit union or company
providing armored car services.
(9) Any person employed by an armored car company to
drive an armored car, while actually engaged in the
performance of his duties.
(10) Persons who have been classified as peace
officers pursuant to the Peace Officer Fire Investigation
Act.
(11) Investigators of the Office of the State's
Attorneys Appellate Prosecutor authorized by the board of
governors of the Office of the State's Attorneys Appellate
Prosecutor to carry weapons pursuant to Section 7.06 of
the State's Attorneys Appellate Prosecutor's Act.
(12) Special investigators appointed by a State's
Attorney under Section 3-9005 of the Counties Code.
(12.5) Probation officers while in the performance of
their duties, or while commuting between their homes,
places of employment or specific locations that are part
of their assigned duties, with the consent of the chief
judge of the circuit for which they are employed, if they
have received weapons training according to requirements
of the Peace Officer and Probation Officer Firearm
Training Act.
(13) Court Security Officers while in the performance
of their official duties, or while commuting between their

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homes and places of employment, with the consent of the
Sheriff.
(13.5) A person employed as an armed security guard at
a nuclear energy, storage, weapons or development site or
facility regulated by the Nuclear Regulatory Commission
who has completed the background screening and training
mandated by the rules and regulations of the Nuclear
Regulatory Commission.
(14) Manufacture, transportation, or sale of weapons
to persons authorized under subdivisions (1) through
(13.5) of this subsection to possess those weapons.
(a-5) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
24-1.6 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 license under the
Firearm Concealed Carry Act at the time of the commission of
the offense.
(a-6) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply
to or affect a qualified current or retired law enforcement
officer or a current or retired deputy, county correctional
officer, or correctional officer of the Department of
Corrections qualified under the laws of this State or under
the federal Law Enforcement Officers Safety Act.
(b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
24-1.6 do not apply to or affect any of the following:

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(1) Members of any club or organization organized for
the purpose of practicing shooting at targets upon
established target ranges, whether public or private, and
patrons of such ranges, while such members or patrons are
using their firearms on those target ranges.
(2) Duly authorized military or civil organizations
while parading, with the special permission of the
Governor.
(3) Hunters, trappers, or fishermen while engaged in
lawful hunting, trapping, or fishing under the provisions
of the Wildlife Code or the Fish and Aquatic Life Code.
(4) Transportation of weapons that are broken down in
a non-functioning state or are not immediately accessible.
(5) Carrying or possessing any pistol, revolver, stun
gun or taser or other firearm on the land or in the legal
dwelling of another person as an invitee with that
person's permission.
(c) Subsection 24-1(a)(7) does not apply to or affect any
of the following:
(1) Peace officers while in performance of their
official duties.
(2) Wardens, superintendents and keepers of prisons,
penitentiaries, jails and other institutions for the
detention of persons accused or convicted of an offense.
(3) Members of the Armed Services or Reserve Forces of
the United States or the Illinois National Guard, while in

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the performance of their official duty.
(4) Manufacture, transportation, or sale of machine
guns to persons authorized under subdivisions (1) through
(3) of this subsection to possess machine guns, if the
machine guns are broken down in a non-functioning state or
are not immediately accessible.
(5) Persons licensed under federal law to manufacture
any weapon from which 8 or more shots or bullets can be
discharged by a single function of the firing device, or
ammunition for such weapons, and actually engaged in the
business of manufacturing such weapons or ammunition, but
only with respect to activities which are within the
lawful scope of such business, such as the manufacture,
transportation, or testing of such weapons or ammunition.
This exemption does not authorize the general private
possession of any weapon from which 8 or more shots or
bullets can be discharged by a single function of the
firing device, but only such possession and activities as
are within the lawful scope of a licensed manufacturing
business described in this paragraph.
During transportation, such weapons shall be broken
down in a non-functioning state or not immediately
accessible.
(6) The manufacture, transport, testing, delivery,
transfer or sale, and all lawful commercial or
experimental activities necessary thereto, of rifles,

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shotguns, and weapons made from rifles or shotguns, or
ammunition for such rifles, shotguns or weapons, where
engaged in by a person operating as a contractor or
subcontractor pursuant to a contract or subcontract for
the development and supply of such rifles, shotguns,
weapons or ammunition to the United States government or
any branch of the Armed Forces of the United States, when
such activities are necessary and incident to fulfilling
the terms of such contract.
The exemption granted under this subdivision (c)(6)
shall also apply to any authorized agent of any such
contractor or subcontractor who is operating within the
scope of his employment, where such activities involving
such weapon, weapons or ammunition are necessary and
incident to fulfilling the terms of such contract.
(7) A person possessing a rifle with a barrel or
barrels less than 16 inches in length if: (A) the person
has been issued a Curios and Relics license from the U.S.
Bureau of Alcohol, Tobacco, Firearms and Explosives; or
(B) the person is an active member of a bona fide,
nationally recognized military re-enacting group and the
modification is required and necessary to accurately
portray the weapon for historical re-enactment purposes;
the re-enactor is in possession of a valid and current
re-enacting group membership credential; and the overall
length of the weapon as modified is not less than 26

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inches.
(d) Subsection 24-1(a)(1) does not apply to the purchase,
possession or carrying of a black-jack or slung-shot by a
peace officer.
(e) Subsection 24-1(a)(8) does not apply to any owner,
manager or authorized employee of any place specified in that
subsection nor to any law enforcement officer.
(f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and
Section 24-1.6 do not apply to members of any club or
organization organized for the purpose of practicing shooting
at targets upon established target ranges, whether public or
private, while using their firearms on those target ranges.
(g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply
to:
(1) Members of the Armed Services or Reserve Forces of
the United States or the Illinois National Guard, while in
the performance of their official duty.
(2) Bonafide collectors of antique or surplus military
ordnance.
(3) Laboratories having a department of forensic
ballistics, or specializing in the development of
ammunition or explosive ordnance.
(4) Commerce, preparation, assembly or possession of
explosive bullets by manufacturers of ammunition licensed
by the federal government, in connection with the supply
of those organizations and persons exempted by subdivision

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(g)(1) of this Section, or like organizations and persons
outside this State, or the transportation of explosive
bullets to any organization or person exempted in this
Section by a common carrier or by a vehicle owned or leased
by an exempted manufacturer.
(g-5) Subsection 24-1(a)(6) does not apply to or affect
persons licensed under federal law to manufacture any device
or attachment of any kind designed, used, or intended for use
in silencing the report of any firearm, firearms, or
ammunition for those firearms equipped with those devices, and
actually engaged in the business of manufacturing those
devices, firearms, or ammunition, but only with respect to
activities that are within the lawful scope of that business,
such as the manufacture, transportation, or testing of those
devices, firearms, or ammunition. This exemption does not
authorize the general private possession of any device or
attachment of any kind designed, used, or intended for use in
silencing the report of any firearm, but only such possession
and activities as are within the lawful scope of a licensed
manufacturing business described in this subsection (g-5).
During transportation, these devices shall be detached from
any weapon or not immediately accessible.
(g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
24-1.6 do not apply to or affect any parole agent or parole
supervisor who meets the qualifications and conditions
prescribed in Section 3-14-1.5 of the Unified Code of

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Corrections.
(g-7) Subsection 24-1(a)(6) does not apply to a peace
officer while serving as a member of a tactical response team
or special operations team. A peace officer may not personally
own or apply for ownership of a device or attachment of any
kind designed, used, or intended for use in silencing the
report of any firearm. These devices shall be owned and
maintained by lawfully recognized units of government whose
duties include the investigation of criminal acts.
(g-10) (Blank).
(h) An information or indictment based upon a violation of
any subsection of this Article need not negative any
exemptions contained in this Article. The defendant shall have
the burden of proving such an exemption.
(i) Nothing in this Article shall prohibit, apply to, or
affect the transportation, carrying, or possession, of any
pistol or revolver, stun gun, taser, or other firearm
consigned to a common carrier operating under license of the
State of Illinois or the federal government, where such
transportation, carrying, or possession is incident to the
lawful transportation in which such common carrier is engaged;
and nothing in this Article shall prohibit, apply to, or
affect the transportation, carrying, or possession of any
pistol, revolver, stun gun, taser, or other firearm, not the
subject of and regulated by subsection 24-1(a)(7) or
subsection 24-2(c) of this Article, which is unloaded and

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enclosed in a case, firearm carrying box, shipping box, or
other container, by the possessor of a valid Firearm Owners
Identification Card.
(Source: P.A. 102-152, eff. 1-1-22; 102-779, eff. 1-1-23;
102-837, eff. 5-13-22; 103-154, eff. 6-30-23.)
(720 ILCS 5/24-3) (from Ch. 38, par. 24-3)
Sec. 24-3. Unlawful sale or delivery of firearms.
(A) A person commits the offense of unlawful sale or
delivery of firearms when he or she knowingly does any of the
following:
(a) Sells or gives any firearm of a size which may be
concealed upon the person to any person under 18 years of
age.
(b) Sells or gives any firearm to a person under 21
years of age who has been convicted of a misdemeanor other
than a traffic offense or adjudged delinquent.
(c) Sells or gives any firearm to any narcotic addict.
(d) Sells or gives any firearm to any person who has
been convicted of a felony under the laws of this or any
other jurisdiction.
(e) Sells or gives any firearm to any person who has
been a patient in a mental institution within the past 5
years. In this subsection (e):
"Mental institution" means any hospital,
institution, clinic, evaluation facility, mental

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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.
(f) Sells or gives any firearms to any person who is a
person with an intellectual disability.
(g) Delivers any firearm, incidental to a sale,
without withholding delivery of the firearm for at least
72 hours after application for its purchase has been made,
or delivers a stun gun or taser, incidental to a sale,
without withholding delivery of the stun gun or taser for
at least 24 hours after application for its purchase has
been made. However, this paragraph (g) does not apply to:
(1) the sale of a firearm to a law enforcement officer if
the seller of the firearm knows that the person to whom he
or she is selling the firearm is a law enforcement officer
or the sale of a firearm to a person who desires to
purchase a firearm for use in promoting the public
interest incident to his or her employment as a bank
guard, armed truck guard, or other similar employment; (2)
a mail order sale of a firearm from a federally licensed

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firearms dealer to a nonresident of Illinois under which
the firearm is mailed to a federally licensed firearms
dealer outside the boundaries of Illinois; (3) (blank);
(4) the sale of a firearm to a dealer licensed as a federal
firearms dealer under Section 923 of the federal Gun
Control Act of 1968 (18 U.S.C. 923); or (5) the transfer or
sale of any rifle, shotgun, or other long gun to a resident
registered competitor or attendee or non-resident
registered competitor or attendee by any dealer licensed
as a federal firearms dealer under Section 923 of the
federal Gun Control Act of 1968 at competitive shooting
events held at the World Shooting Complex sanctioned by a
national governing body. For purposes of transfers or
sales under subparagraph (5) of this paragraph (g), the
Department of Natural Resources shall give notice to the
Illinois State Police at least 30 calendar days prior to
any competitive shooting events at the World Shooting
Complex sanctioned by a national governing body. The
notification shall be made on a form prescribed by the
Illinois State Police. The sanctioning body shall provide
a list of all registered competitors and attendees at
least 24 hours before the events to the Illinois State
Police. Any changes to the list of registered competitors
and attendees shall be forwarded to the Illinois State
Police as soon as practicable. The Illinois State Police
must destroy the list of registered competitors and

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attendees no later than 30 days after the date of the
event. Nothing in this paragraph (g) relieves a federally
licensed firearm dealer from the requirements of
conducting a NICS background check through the Illinois
Point of Contact under 18 U.S.C. 922(t). For purposes of
this paragraph (g), "application" means when the buyer and
seller reach an agreement to purchase a firearm. For
purposes of this paragraph (g), "national governing body"
means a group of persons who adopt rules and formulate
policy on behalf of a national firearm sporting
organization.
(h) While holding any license as a dealer, importer,
manufacturer or pawnbroker under the federal Gun Control
Act of 1968, manufactures, sells or delivers to any
unlicensed person a handgun having a barrel, slide, frame
or receiver which is a die casting of zinc alloy or any
other nonhomogeneous metal which will melt or deform at a
temperature of less than 800 degrees Fahrenheit. For
purposes of this paragraph, (1) "firearm" is defined as in
the Firearm Owners Identification Card Act; and (2)
"handgun" is defined as a firearm designed to be held and
fired by the use of a single hand, and includes a
combination of parts from which such a firearm can be
assembled.
(i) Sells or gives a firearm of any size to any person
under 18 years of age who does not possess a valid Firearm

HB5785 - 183 - LRB103 39901 RLC 70908 b
Owner's Identification Card.
(j) Sells or gives a firearm while engaged in the
business of selling firearms at wholesale or retail
without being licensed as a federal firearms dealer under
Section 923 of the federal Gun Control Act of 1968 (18
U.S.C. 923). In this paragraph (j):
A person "engaged in the business" means a person who
devotes time, attention, and labor to engaging in the
activity as a regular course of trade or business with the
principal objective of livelihood and profit, but does not
include a person who makes occasional repairs of firearms
or who occasionally fits special barrels, stocks, or
trigger mechanisms to firearms.
"With the principal objective of livelihood and
profit" means that the intent underlying the sale or
disposition of firearms is predominantly one of obtaining
livelihood and pecuniary gain, as opposed to other
intents, such as improving or liquidating a personal
firearms collection; however, proof of profit shall not be
required as to a person who engages in the regular and
repetitive purchase and disposition of firearms for
criminal purposes or terrorism.
(k) Sells or transfers ownership of a firearm to a
person who does not display to the seller or transferor of
the firearm either: (1) a currently valid Firearm Owner's
Identification Card that has previously been issued in the

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transferee's name by the Illinois State Police under the
provisions of the Firearm Owners Identification Card Act;
or (2) a currently valid license to carry a concealed
firearm that has previously been issued in the
transferee's name by the Illinois State Police under the
Firearm Concealed Carry Act. This paragraph (k) does not
apply to the transfer of a firearm to a person who is
exempt from the requirement of possessing a Firearm
Owner's Identification Card under Section 2 of the Firearm
Owners Identification Card Act. For the purposes of this
Section, a currently valid Firearm Owner's Identification
Card or license to carry a concealed firearm means receipt
of an approval number issued in accordance with subsection
(a-10) of Section 3 or Section 3.1 of the Firearm Owners
Identification Card Act.
(1) In addition to the other requirements of this
paragraph (k), all persons who are not federally
licensed firearms dealers must also have complied with
subsection (a-10) of Section 3 of the Firearm Owners
Identification Card Act by determining the validity of
a purchaser's Firearm Owner's Identification Card.
(2) All sellers or transferors who have complied
with the requirements of subparagraph (1) of this
paragraph (k) shall not be liable for damages in any
civil action arising from the use or misuse by the
transferee of the firearm transferred, except for

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willful or wanton misconduct on the part of the seller
or transferor.
(l) Not being entitled to the possession of a firearm,
delivers the firearm, knowing it to have been stolen or
converted. It may be inferred that a person who possesses
a firearm with knowledge that its serial number has been
removed or altered has knowledge that the firearm is
stolen or converted.
(B) Paragraph (h) of subsection (A) does not include
firearms sold within 6 months after enactment of Public Act
78-355 (approved August 21, 1973, effective October 1, 1973),
nor is any firearm legally owned or possessed by any citizen or
purchased by any citizen within 6 months after the enactment
of Public Act 78-355 subject to confiscation or seizure under
the provisions of that Public Act. Nothing in Public Act
78-355 shall be construed to prohibit the gift or trade of any
firearm if that firearm was legally held or acquired within 6
months after the enactment of that Public Act.
(C) Sentence.
(1) Any person convicted of unlawful sale or delivery
of firearms in violation of paragraph (c), (e), (f), (g),
or (h) of subsection (A) commits a Class 4 felony.
(2) Any person convicted of unlawful sale or delivery
of firearms in violation of paragraph (b) or (i) of
subsection (A) commits a Class 3 felony.
(3) Any person convicted of unlawful sale or delivery

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of firearms in violation of paragraph (a) of subsection
(A) commits a Class 2 felony.
(4) Any person convicted of unlawful sale or delivery
of firearms in violation of paragraph (a), (b), or (i) of
subsection (A) in any school, on the real property
comprising a school, within 1,000 feet of the real
property comprising a school, at a school related
activity, or on or within 1,000 feet of any conveyance
owned, leased, or contracted by a school or school
district to transport students to or from school or a
school related activity, regardless of the time of day or
time of year at which the offense was committed, commits a
Class 1 felony. Any person convicted of a second or
subsequent violation of unlawful sale or delivery of
firearms in violation of paragraph (a), (b), or (i) of
subsection (A) in any school, on the real property
comprising a school, within 1,000 feet of the real
property comprising a school, at a school related
activity, or on or within 1,000 feet of any conveyance
owned, leased, or contracted by a school or school
district to transport students to or from school or a
school related activity, regardless of the time of day or
time of year at which the offense was committed, commits a
Class 1 felony for which the sentence shall be a term of
imprisonment of no less than 5 years and no more than 15
years.

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(5) Any person convicted of unlawful sale or delivery
of firearms in violation of paragraph (a) or (i) of
subsection (A) in residential property owned, operated, or
managed by a public housing agency or leased by a public
housing agency as part of a scattered site or mixed-income
development, in a public park, in a courthouse, on
residential property owned, operated, or managed by a
public housing agency or leased by a public housing agency
as part of a scattered site or mixed-income development,
on the real property comprising any public park, on the
real property comprising any courthouse, or on any public
way within 1,000 feet of the real property comprising any
public park, courthouse, or residential property owned,
operated, or managed by a public housing agency or leased
by a public housing agency as part of a scattered site or
mixed-income development commits a Class 2 felony.
(6) Any person convicted of unlawful sale or delivery
of firearms in violation of paragraph (j) of subsection
(A) commits a Class A misdemeanor. A second or subsequent
violation is a Class 4 felony.
(7) Any person convicted of unlawful sale or delivery
of firearms in violation of paragraph (k) of subsection
(A) commits a Class 4 felony, except that a violation of
subparagraph (1) of paragraph (k) of subsection (A) shall
not be punishable as a crime or petty offense. A third or
subsequent conviction for a violation of paragraph (k) of

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subsection (A) is a Class 1 felony.
(8) A person 18 years of age or older convicted of
unlawful sale or delivery of firearms in violation of
paragraph (a) or (i) of subsection (A), when the firearm
that was sold or given to another person under 18 years of
age was used in the commission of or attempt to commit a
forcible felony, shall be fined or imprisoned, or both,
not to exceed the maximum provided for the most serious
forcible felony so committed or attempted by the person
under 18 years of age who was sold or given the firearm.
(9) Any person convicted of unlawful sale or delivery
of firearms in violation of paragraph (d) of subsection
(A) commits a Class 3 felony.
(10) Any person convicted of unlawful sale or delivery
of firearms in violation of paragraph (l) of subsection
(A) commits a Class 2 felony if the delivery is of one
firearm. Any person convicted of unlawful sale or delivery
of firearms in violation of paragraph (l) of subsection
(A) commits a Class 1 felony if the delivery is of not less
than 2 and not more than 5 firearms at the same time or
within a one-year period. Any person convicted of unlawful
sale or delivery of firearms in violation of paragraph (l)
of subsection (A) commits a Class X felony for which he or
she shall be sentenced to a term of imprisonment of not
less than 6 years and not more than 30 years if the
delivery is of not less than 6 and not more than 10

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firearms at the same time or within a 2-year period. Any
person convicted of unlawful sale or delivery of firearms
in violation of paragraph (l) of subsection (A) commits a
Class X felony for which he or she shall be sentenced to a
term of imprisonment of not less than 6 years and not more
than 40 years if the delivery is of not less than 11 and
not more than 20 firearms at the same time or within a
3-year period. Any person convicted of unlawful sale or
delivery of firearms in violation of paragraph (l) of
subsection (A) commits a Class X felony for which he or she
shall be sentenced to a term of imprisonment of not less
than 6 years and not more than 50 years if the delivery is
of not less than 21 and not more than 30 firearms at the
same time or within a 4-year period. Any person convicted
of unlawful sale or delivery of firearms in violation of
paragraph (l) of subsection (A) commits a Class X felony
for which he or she shall be sentenced to a term of
imprisonment of not less than 6 years and not more than 60
years if the delivery is of 31 or more firearms at the same
time or within a 5-year period.
(D) For purposes of this Section:
"School" means a public or private elementary or secondary
school, community college, college, or university.
"School related activity" means any sporting, social,
academic, or other activity for which students' attendance or
participation is sponsored, organized, or funded in whole or

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in part by a school or school district.
(E) A prosecution for a violation of paragraph (k) of
subsection (A) of this Section may be commenced within 6 years
after the commission of the offense. A prosecution for a
violation of this Section other than paragraph (g) of
subsection (A) of this Section may be commenced within 5 years
after the commission of the offense defined in the particular
paragraph.
(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
102-813, eff. 5-13-22.)
Section 85. The Unified Code of Corrections is amended by
changing Section 5-6-1 as follows:
(730 ILCS 5/5-6-1) (from Ch. 38, par. 1005-6-1)
Sec. 5-6-1. Sentences of probation and of conditional
discharge and disposition of supervision. The General
Assembly finds that in order to protect the public, the
criminal justice system must compel compliance with the
conditions of probation by responding to violations with
swift, certain and fair punishments and intermediate
sanctions. The Chief Judge of each circuit shall adopt a
system of structured, intermediate sanctions for violations of
the terms and conditions of a sentence of probation,
conditional discharge or disposition of supervision.
(a) Except where specifically prohibited by other

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provisions of this Code, the court shall impose a sentence of
probation or conditional discharge upon an offender unless,
having regard to the nature and circumstance of the offense,
and to the history, character and condition of the offender,
the court is of the opinion that:
(1) his imprisonment or periodic imprisonment is
necessary for the protection of the public; or
(2) probation or conditional discharge would deprecate
the seriousness of the offender's conduct and would be
inconsistent with the ends of justice; or
(3) a combination of imprisonment with concurrent or
consecutive probation when an offender has been admitted
into a drug court program under Section 20 of the Drug
Court Treatment Act is necessary for the protection of the
public and for the rehabilitation of the offender.
The court shall impose as a condition of a sentence of
probation, conditional discharge, or supervision, that the
probation agency may invoke any sanction from the list of
intermediate sanctions adopted by the chief judge of the
circuit court for violations of the terms and conditions of
the sentence of probation, conditional discharge, or
supervision, subject to the provisions of Section 5-6-4 of
this Act.
(b) The court may impose a sentence of conditional
discharge for an offense if the court is of the opinion that
neither a sentence of imprisonment nor of periodic

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imprisonment nor of probation supervision is appropriate.
(b-1) Subsections (a) and (b) of this Section do not apply
to a defendant charged with a misdemeanor or felony under the
Illinois Vehicle Code or reckless homicide under Section 9-3
of the Criminal Code of 1961 or the Criminal Code of 2012 if
the defendant within the past 12 months has been convicted of
or pleaded guilty to a misdemeanor or felony under the
Illinois Vehicle Code or reckless homicide under Section 9-3
of the Criminal Code of 1961 or the Criminal Code of 2012.
(c) The court may, upon a plea of guilty or a stipulation
by the defendant of the facts supporting the charge or a
finding of guilt, defer further proceedings and the imposition
of a sentence, and enter an order for supervision of the
defendant, if the defendant is not charged with: (i) a Class A
misdemeanor, as defined by the following provisions of the
Criminal Code of 1961 or the Criminal Code of 2012: Sections
11-9.1; 12-3.2; 11-1.50 or 12-15; 26-5 or 48-1; 31-1; 31-6;
31-7; paragraphs (2) and (3) of subsection (a) of Section
21-1; paragraph (1) through (5), (8), (10), and (11) of
subsection (a) of Section 24-1; (ii) a Class A misdemeanor
violation of Section 3.01, 3.03-1, or 4.01 of the Humane Care
for Animals Act; or (iii) a felony. If the defendant is not
barred from receiving an order for supervision as provided in
this subsection, the court may enter an order for supervision
after considering the circumstances of the offense, and the
history, character and condition of the offender, if the court

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is of the opinion that:
(1) the offender is not likely to commit further
crimes;
(2) the defendant and the public would be best served
if the defendant were not to receive a criminal record;
and
(3) in the best interests of justice an order of
supervision is more appropriate than a sentence otherwise
permitted under this Code.
(c-5) Subsections (a), (b), and (c) of this Section do not
apply to a defendant charged with a second or subsequent
violation of Section 6-303 of the Illinois Vehicle Code
committed while his or her driver's license, permit or
privileges were revoked because of a violation of Section 9-3
of the Criminal Code of 1961 or the Criminal Code of 2012,
relating to the offense of reckless homicide, or a similar
provision of a law of another state.
(d) The provisions of paragraph (c) shall not apply to a
defendant charged with violating Section 11-501 of the
Illinois Vehicle Code or a similar provision of a local
ordinance when the defendant has previously been:
(1) convicted for a violation of Section 11-501 of the
Illinois Vehicle Code or a similar provision of a local
ordinance or any similar law or ordinance of another
state; or
(2) assigned supervision for a violation of Section

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11-501 of the Illinois Vehicle Code or a similar provision
of a local ordinance or any similar law or ordinance of
another state; or
(3) pleaded guilty to or stipulated to the facts
supporting a charge or a finding of guilty to a violation
of Section 11-503 of the Illinois Vehicle Code or a
similar provision of a local ordinance or any similar law
or ordinance of another state, and the plea or stipulation
was the result of a plea agreement.
The court shall consider the statement of the prosecuting
authority with regard to the standards set forth in this
Section.
(e) The provisions of paragraph (c) shall not apply to a
defendant charged with violating Section 16-25 or 16A-3 of the
Criminal Code of 1961 or the Criminal Code of 2012 if said
defendant has within the last 5 years been:
(1) convicted for a violation of Section 16-25 or
16A-3 of the Criminal Code of 1961 or the Criminal Code of
2012; or
(2) assigned supervision for a violation of Section
16-25 or 16A-3 of the Criminal Code of 1961 or the Criminal
Code of 2012.
The court shall consider the statement of the prosecuting
authority with regard to the standards set forth in this
Section.
(f) The provisions of paragraph (c) shall not apply to a

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defendant charged with: (1) violating Sections 15-111, 15-112,
15-301, paragraph (b) of Section 6-104, Section 11-605,
paragraph (d-5) of Section 11-605.1, Section 11-1002.5, or
Section 11-1414 of the Illinois Vehicle Code or a similar
provision of a local ordinance; or (2) committing a Class A
misdemeanor under subsection (c) of Section 11-907 of the
Illinois Vehicle Code or a similar provision of a local
ordinance.
(g) Except as otherwise provided in paragraph (i) of this
Section, the provisions of paragraph (c) shall not apply to a
defendant charged with violating Section 3-707, 3-708, 3-710,
or 5-401.3 of the Illinois Vehicle Code or a similar provision
of a local ordinance if the defendant has within the last 5
years been:
(1) convicted for a violation of Section 3-707, 3-708,
3-710, or 5-401.3 of the Illinois Vehicle Code or a
similar provision of a local ordinance; or
(2) assigned supervision for a violation of Section
3-707, 3-708, 3-710, or 5-401.3 of the Illinois Vehicle
Code or a similar provision of a local ordinance.
The court shall consider the statement of the prosecuting
authority with regard to the standards set forth in this
Section.
(h) The provisions of paragraph (c) shall not apply to a
defendant under the age of 21 years charged with violating a
serious traffic offense as defined in Section 1-187.001 of the

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Illinois Vehicle Code:
(1) unless the defendant, upon payment of the fines,
penalties, and costs provided by law, agrees to attend and
successfully complete a traffic safety program approved by
the court under standards set by the Conference of Chief
Circuit Judges. The accused shall be responsible for
payment of any traffic safety program fees. If the accused
fails to file a certificate of successful completion on or
before the termination date of the supervision order, the
supervision shall be summarily revoked and conviction
entered. The provisions of Supreme Court Rule 402 relating
to pleas of guilty do not apply in cases when a defendant
enters a guilty plea under this provision; or
(2) if the defendant has previously been sentenced
under the provisions of paragraph (c) on or after January
1, 1998 for any serious traffic offense as defined in
Section 1-187.001 of the Illinois Vehicle Code.
(h-1) The provisions of paragraph (c) shall not apply to a
defendant under the age of 21 years charged with an offense
against traffic regulations governing the movement of vehicles
or any violation of Section 6-107 or Section 12-603.1 of the
Illinois Vehicle Code, unless the defendant, upon payment of
the fines, penalties, and costs provided by law, agrees to
attend and successfully complete a traffic safety program
approved by the court under standards set by the Conference of
Chief Circuit Judges. The accused shall be responsible for

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payment of any traffic safety program fees. If the accused
fails to file a certificate of successful completion on or
before the termination date of the supervision order, the
supervision shall be summarily revoked and conviction entered.
The provisions of Supreme Court Rule 402 relating to pleas of
guilty do not apply in cases when a defendant enters a guilty
plea under this provision.
(i) The provisions of paragraph (c) shall not apply to a
defendant charged with violating Section 3-707 of the Illinois
Vehicle Code or a similar provision of a local ordinance if the
defendant has been assigned supervision for a violation of
Section 3-707 of the Illinois Vehicle Code or a similar
provision of a local ordinance.
(j) The provisions of paragraph (c) shall not apply to a
defendant charged with violating Section 6-303 of the Illinois
Vehicle Code or a similar provision of a local ordinance when
the revocation or suspension was for a violation of Section
11-501 or a similar provision of a local ordinance or a
violation of Section 11-501.1 or paragraph (b) of Section
11-401 of the Illinois Vehicle Code if the defendant has
within the last 10 years been:
(1) convicted for a violation of Section 6-303 of the
Illinois Vehicle Code or a similar provision of a local
ordinance; or
(2) assigned supervision for a violation of Section
6-303 of the Illinois Vehicle Code or a similar provision

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of a local ordinance.
(k) The provisions of paragraph (c) shall not apply to a
defendant charged with violating any provision of the Illinois
Vehicle Code or a similar provision of a local ordinance that
governs the movement of vehicles if, within the 12 months
preceding the date of the defendant's arrest, the defendant
has been assigned court supervision on 2 occasions for a
violation that governs the movement of vehicles under the
Illinois Vehicle Code or a similar provision of a local
ordinance. The provisions of this paragraph (k) do not apply
to a defendant charged with violating Section 11-501 of the
Illinois Vehicle Code or a similar provision of a local
ordinance.
(l) (Blank).
(m) (Blank).
(n) The provisions of paragraph (c) shall not apply to any
person under the age of 18 who commits an offense against
traffic regulations governing the movement of vehicles or any
violation of Section 6-107 or Section 12-603.1 of the Illinois
Vehicle Code, except upon personal appearance of the defendant
in court and upon the written consent of the defendant's
parent or legal guardian, executed before the presiding judge.
The presiding judge shall have the authority to waive this
requirement upon the showing of good cause by the defendant.
(o) The provisions of paragraph (c) shall not apply to a
defendant charged with violating Section 6-303 of the Illinois

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Vehicle Code or a similar provision of a local ordinance when
the suspension was for a violation of Section 11-501.1 of the
Illinois Vehicle Code and when:
(1) at the time of the violation of Section 11-501.1
of the Illinois Vehicle Code, the defendant was a first
offender pursuant to Section 11-500 of the Illinois
Vehicle Code and the defendant failed to obtain a
monitoring device driving permit; or
(2) at the time of the violation of Section 11-501.1
of the Illinois Vehicle Code, the defendant was a first
offender pursuant to Section 11-500 of the Illinois
Vehicle Code, had subsequently obtained a monitoring
device driving permit, but was driving a vehicle not
equipped with a breath alcohol ignition interlock device
as defined in Section 1-129.1 of the Illinois Vehicle
Code.
(p) The provisions of paragraph (c) shall not apply to a
defendant charged with violating Section 11-601.5 of the
Illinois Vehicle Code or a similar provision of a local
ordinance when the defendant has previously been:
(1) convicted for a violation of Section 11-601.5 of
the Illinois Vehicle Code or a similar provision of a
local ordinance or any similar law or ordinance of another
state; or
(2) assigned supervision for a violation of Section
11-601.5 of the Illinois Vehicle Code or a similar

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provision of a local ordinance or any similar law or
ordinance of another state.
(q) The provisions of paragraph (c) shall not apply to a
defendant charged with violating subsection (b) of Section
11-601 or Section 11-601.5 of the Illinois Vehicle Code when
the defendant was operating a vehicle, in an urban district,
at a speed that is 26 miles per hour or more in excess of the
applicable maximum speed limit established under Chapter 11 of
the Illinois Vehicle Code.
(r) The provisions of paragraph (c) shall not apply to a
defendant charged with violating any provision of the Illinois
Vehicle Code or a similar provision of a local ordinance if the
violation was the proximate cause of the death of another and
the defendant's driving abstract contains a prior conviction
or disposition of court supervision for any violation of the
Illinois Vehicle Code, other than an equipment violation, or a
suspension, revocation, or cancellation of the driver's
license.
(s) (Blank). The provisions of paragraph (c) shall not
apply to a defendant charged with violating subsection (i) of
Section 70 of the Firearm Concealed Carry Act.
(Source: P.A. 100-987, eff. 7-1-19; 101-173, eff. 1-1-20.)
Section 95. No acceleration or delay. Where this Act makes
changes in a statute that is represented in this Act by text
that is not yet or no longer in effect (for example, a Section

HB5785 - 201 - LRB103 39901 RLC 70908 b
represented by multiple versions), the use of that text does
not accelerate or delay the taking effect of (i) the changes
made by this Act or (ii) provisions derived from any other
Public Act.
HB5785 - 202 - LRB103 39901 RLC 70908 b
INDEX
Statutes amended in order of appearance
5 ILCS 120/2 from Ch. 102, par. 42
5 ILCS 140/7.5
5 ILCS 805/15
5 ILCS 830/10-5
15 ILCS 305/13.5 rep.
20 ILCS 2605/2605-10 was 20 ILCS 2605/55a in part
20 ILCS 2605/2605-45 was 20 ILCS 2605/55a-5
20 ILCS 2605/2605-200 was 20 ILCS 2605/55a in part
20 ILCS 2605/2605-595
20 ILCS 2605/2605-605
20 ILCS 3930/7.9
30 ILCS 105/6z-99
30 ILCS 105/6z-127
235 ILCS 5/10-1 from Ch. 43, par. 183
430 ILCS 65/2 from Ch. 38, par. 83-2
430 ILCS 65/3 from Ch. 38, par. 83-3
430 ILCS 65/3.1 from Ch. 38, par. 83-3.1
430 ILCS 65/4 from Ch. 38, par. 83-4
430 ILCS 65/5 from Ch. 38, par. 83-5
430 ILCS 65/7 from Ch. 38, par. 83-7
430 ILCS 65/8.5
430 ILCS 65/13.1 from Ch. 38, par. 83-13.1
430 ILCS 65/13.4 rep.
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