Bill Text: IL HB5855 | 2021-2022 | 102nd General Assembly | Introduced

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Bill Title: Amends the Illinois State Police Law of the Civil Administrative Code of Illinois. Provides that the Division of Criminal Investigation of the Illinois State Police shall conduct other investigations as provided by law, including, but not limited to, investigations of human trafficking, illegal drug trafficking, and illegal firearms trafficking. Provides that the Division of Criminal Investigation shall provide statewide coordination and strategy pertaining to firearm-related intelligence, firearms trafficking interdiction, and investigations. Amends the Firearm Owners Identification Card Act. Eliminates provisions that permit a person under 21 years of age who is not an active duty member of the United States Armed Forces or the Illinois National Guard to obtain a Firearm Owner's Identification Card with parental consent. Amends the Wildlife Code. Provides that when a person under 21 years of age is hunting under the supervision of a adult, the adult must possess a Firearm Owners Identification Card. Amends the Firearms Restraining Order Act. Provides that the State's Attorney of the county where the petition is filed may act as a friend of the court in any action filed under the Act. Provides that a petitioner may request a one-year (rather than 6-month) firearms restraining order. Amends the Criminal Code of 2012. Makes it unlawful to manufacture, deliver, sell, or purchase or cause to be manufactured, delivered, sold, or purchased or cause to be possessed by another, an assault weapon, assault weapon attachment, .50 caliber rifle, or .50 caliber cartridge. Makes it unlawful for any person to knowingly possess an assault weapon, .50 caliber rifle, or .50 caliber cartridge 300 days after the effective date of the amendatory Act, except possession of weapons registered with the Illinois State Police in the time provided. Provides exemptions and penalties. Prohibits the manufacture, delivery, sale, purchase, or possession of large capacity ammunition feeding devices. Defines terms. Provides exemptions and penalties. Makes other changes. Effective immediately.

Spectrum: Partisan Bill (Democrat 35-0)

Status: (Introduced - Dead) 2023-01-04 - Added Co-Sponsor Rep. Debbie Meyers-Martin [HB5855 Detail]

Download: Illinois-2021-HB5855-Introduced.html

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102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 HB5855 Introduced , by Rep. Bob Morgan SYNOPSIS AS INTRODUCED:
See Index
Amends the Illinois State Police Law of the Civil Administrative Code of Illinois. Provides that the Division of Criminal Investigation of the Illinois State Police shall conduct other investigations as provided by law, including, but not limited to, investigations of human trafficking, illegal drug trafficking, and illegal firearms trafficking. Provides that the Division of Criminal Investigation shall provide statewide coordination and strategy pertaining to firearm-related intelligence, firearms trafficking interdiction, and investigations. Amends the Firearm Owners Identification Card Act. Eliminates provisions that permit a person under 21 years of age who is not an active duty member of the United States Armed Forces or the Illinois National Guard to obtain a Firearm Owner's Identification Card with parental consent. Amends the Wildlife Code. Provides that when a person under 21 years of age is hunting under the supervision of a adult, the adult must possess a Firearm Owners Identification Card. Amends the Firearms Restraining Order Act. Provides that the State's Attorney of the county where the petition is filed may act as a friend of the court in any action filed under the Act. Provides that a petitioner may request a one-year (rather than 6-month) firearms restraining order. Amends the Criminal Code of 2012. Makes it unlawful to manufacture, deliver, sell, or purchase or cause to be manufactured, delivered, sold, or purchased or cause to be possessed by another, an assault weapon, assault weapon attachment, .50 caliber rifle, or .50 caliber cartridge. Makes it unlawful for any person to knowingly possess an assault weapon, .50 caliber rifle, or .50 caliber cartridge 300 days after the effective date of the amendatory Act, except possession of weapons registered with the Illinois State Police in the time provided. Provides exemptions and penalties. Prohibits the manufacture, delivery, sale, purchase, or possession of large capacity ammunition feeding devices. Defines terms. Provides exemptions and penalties. Makes other changes. Effective immediately.
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A BILL FOR
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AN ACT concerning safety.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. This Act may be referred to as the Protect
Illinois Communities Act.
Section 5. The Illinois State Police Law of the Civil
Administrative Code of Illinois is amended by changing
Sections 2605-35 and 2605-51.1 as follows:
(20 ILCS 2605/2605-35) (was 20 ILCS 2605/55a-3)
Sec. 2605-35. Division of Criminal Investigation.
(a) The Division of Criminal Investigation shall exercise
the following functions and those in Section 2605-30:
(1) Exercise the rights, powers, and duties vested by
law in the Illinois State Police by the Illinois Horse
Racing Act of 1975, including those set forth in Section
2605-215.
(2) Investigate the origins, activities, personnel,
and incidents of crime and enforce the criminal laws of
this State related thereto.
(3) Enforce all laws regulating the production, sale,
prescribing, manufacturing, administering, transporting,
having in possession, dispensing, delivering,

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distributing, or use of controlled substances and
cannabis.
(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 with treason or a felony or
other crime who has fled from justice and is found in this
State.
(6) Investigate recipients and providers under the
Illinois Public Aid Code and any personnel involved in the
administration of the Code who are suspected of any
violation of the Code pertaining to fraud in the
administration, receipt, or provision of assistance and
pertaining to any violation of criminal law; and exercise
the functions required under Section 2605-220 in the
conduct of those investigations.
(7) Conduct other investigations as provided by law,
including, but not limited to, investigations of human
trafficking, illegal drug trafficking, and illegal
firearms trafficking.
(8) Investigate public corruption.
(9) Exercise other duties that may be assigned by the
Director in order to fulfill the responsibilities and
achieve the purposes of the Illinois State Police, which

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may include the coordination of gang, terrorist, and
organized crime prevention, control activities, and
assisting local law enforcement in their crime control
activities.
(b) (Blank).
(c) The Division of Criminal Investigation shall provide
statewide coordination and strategy pertaining to
firearm-related intelligence, firearms trafficking
interdiction, and investigations reaching across all divisions
of the Illinois State Police, including providing crime gun
intelligence support for suspects and firearms involved in
firearms trafficking or the commission of a crime involving
firearms that is investigated by the Illinois State Police and
other federal, State, and local law enforcement agencies, with
the objective of reducing and preventing illegal possession
and use of firearms, firearms trafficking, firearm-related
homicides, and other firearm-related violent crimes in
Illinois.
(Source: P.A. 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)
(20 ILCS 2605/2605-51.1)
(Section scheduled to be repealed on June 1, 2026)
Sec. 2605-51.1. Commission on Implementing the Firearms
Restraining Order Act.
(a) There is created the Commission on Implementing the
Firearms Restraining Order Act composed of at least 12 members

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to advise on the strategies of education and implementation of
the Firearms Restraining Order Act. The Commission shall be
appointed by the Director of the Illinois State Police or his
or her designee and shall include a liaison or representative
nominated from the following:
(1) the Office of the Attorney General, appointed by
the Attorney General;
(2) the Director of the Illinois State Police or his
or her designee;
(3) at least 3 State's Attorneys, nominated by the
Director of the Office of the State's Attorneys Appellate
Prosecutor;
(4) at least 2 municipal police department
representatives, nominated by the Illinois Association of
Chiefs of Police;
(5) an Illinois sheriff, nominated by the Illinois
Sheriffs' Association;
(6) the Director of Public Health or his or her
designee;
(7) the Illinois Law Enforcement Training Standards
Board, nominated by the Executive Director of the Board;
(8) a representative from a public defender's office,
nominated by the State Appellate Defender;
(9) a circuit court judge, nominated by the Chief
Justice of the Supreme Court;
(10) a prosecutor with experience managing or

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directing a program in another state where the
implementation of that state's extreme risk protection
order law has achieved high rates of petition filings
nominated by the National District Attorneys Association;
and
(11) an expert from law enforcement who has experience
managing or directing a program in another state where the
implementation of that state's extreme risk protection
order law has achieved high rates of petition filings
nominated by the Director of the Illinois State Police;
and
(12) a circuit court clerk, nominated by the President
of the Illinois Association of Court Clerks.
(b) The Commission shall be chaired by the Director of the
Illinois State Police or his or her designee. The Commission
shall meet, either virtually or in person, to discuss the
implementation of the Firearms Restraining Order Act as
determined by the Commission while the strategies are being
established.
(c) The members of the Commission shall serve without
compensation and shall serve 3-year terms.
(d) An annual report shall be submitted to the General
Assembly by the Commission that may include summary
information about firearms restraining order use by county,
challenges to Firearms Restraining Order Act implementation,
and recommendations for increasing and improving

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implementation.
(e) The Commission shall develop a model policy with an
overall framework for the timely relinquishment of firearms
whenever a firearms restraining order is issued. The model
policy shall be finalized within the first 4 months of
convening. In formulating the model policy, the Commission
shall consult counties in Illinois and other states with
extreme risk protection order laws which have achieved a high
rate of petition filings. Once approved, the Illinois State
Police shall work with their local law enforcement agencies
within their county to design a comprehensive strategy for the
timely relinquishment of firearms, using the model policy as
an overall framework. Each individual agency may make small
modifications as needed to the model policy and must approve
and adopt a policy that aligns with the model policy. The
Illinois State Police shall convene local police chiefs and
sheriffs within their county as needed to discuss the
relinquishment of firearms.
(f) The Commission shall be dissolved June 1, 2025 (3
years after the effective date of Public Act 102-345).
(g) This Section is repealed June 1, 2026 (4 years after
the effective date of Public Act 102-345).
(Source: P.A. 102-345, eff. 6-1-22; 102-813, eff. 5-13-22.)
Section 10. The Firearm Owners Identification Card Act is
amended by changing Sections 2, 4, and 8 as follows:

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(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
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

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United States, while using the firearms for ceremonial
purposes with blank ammunition;
(5) Nonresident hunters 21 years of age or older
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;
(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

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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 21 years of age or older
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 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

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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; and
(16) Competitive shooting athletes whose competition
firearms are sanctioned by the International Olympic
Committee, the International Paralympic Committee, the
International Shooting Sport Federation, or USA Shooting
in connection with such athletes' training for and
participation in shooting competitions at the 2016 Olympic
and Paralympic Games and sanctioned test events leading up
to the 2016 Olympic and Paralympic Games.
(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) 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
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

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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.)
(430 ILCS 65/4) (from Ch. 38, par. 83-4)
Sec. 4. Application for Firearm Owner's Identification
Cards.
(a) Each applicant for a Firearm Owner's Identification
Card must:
(1) Submit an application as made available by the
Illinois State Police; and
(2) Submit evidence to the Illinois State Police that:
(i) (Blank); This subparagraph (i) applies through
the 180th day following July 12, 2019 (the effective
date of Public Act 101-80). He or she is 21 years of
age or over, or if he or she is under 21 years of age
that he or she has the written consent of his or her
parent or legal guardian to possess and acquire
firearms and firearm ammunition and that he or she has
never been convicted of a misdemeanor other than a
traffic offense or adjudged delinquent, provided,
however, that such parent or legal guardian is not an
individual prohibited from having a Firearm Owner's
Identification Card and files an affidavit with the

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Department as prescribed by the Department stating
that he or she is not an individual prohibited from
having a Card;
(i-5) This subparagraph (i-5) applies on and after
the 181st day following July 12, 2019 (the effective
date of Public Act 101-80). 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;
provided, however that 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;

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(iii) He or she is not addicted to narcotics;
(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

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jury, and by guilty plea or otherwise, results in a
conviction for an offense in which a domestic
relationship is not a required element of the offense
but in which a determination of the applicability of
18 U.S.C. 922(g)(9) is made under Section 112A-11.1 of
the Code of Criminal Procedure of 1963, an entry by the
court of a judgment of conviction for that offense
shall be grounds for denying the issuance of a Firearm
Owner's Identification Card under this Section;
(x) (Blank);
(xi) 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

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which that noncitizen is accredited;
(3) an official of a foreign government or
distinguished foreign visitor who has been so
designated by the Department of State;
(4) a foreign law enforcement officer of a
friendly foreign government entering the United
States on official business; or
(5) one who has received a waiver from the
Attorney General of the United States pursuant to
18 U.S.C. 922(y)(3);
(xii) 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

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developmental disability; and
(3) Upon request by the Illinois State Police, sign a
release on a form prescribed by the Illinois State Police
waiving any right to confidentiality and requesting the
disclosure to the Illinois State Police of limited mental
health institution admission information from another
state, the District of Columbia, any other territory of
the United States, or a foreign nation concerning the
applicant for the sole purpose of determining whether the
applicant is or was a patient in a mental health
institution and disqualified because of that status from
receiving a Firearm Owner's Identification Card. No mental
health care or treatment records may be requested. The
information received shall be destroyed within one year of
receipt.
(a-5) Each applicant for a Firearm Owner's Identification
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

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number from his or her state of residence. The Illinois State
Police may adopt rules to enforce the provisions of this
subsection (a-10).
(a-15) If an applicant applying for a Firearm Owner's
Identification Card moves from the residence address named in
the application, 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.

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The fingerprints must be transmitted through a live scan
fingerprint vendor licensed by the Department of Financial and
Professional Regulation. The fingerprints shall be checked
against the fingerprint records now and hereafter filed in the
Illinois State Police and Federal Bureau of Investigation
criminal history records databases, including all available
State and local criminal history record information files.
The Illinois State Police shall charge applicants a
one-time fee for conducting the criminal history record check,
which shall be deposited into the State Police Services Fund
and shall not exceed the actual cost of the State and national
criminal history record check.
(a-26) The Illinois State Police shall research, explore,
and report to the General Assembly by January 1, 2022 on the
feasibility of permitting voluntarily submitted fingerprints
obtained for purposes other than Firearm Owner's
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

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

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Public Act 101-80). A person under 21 years of age who is
not an active duty member of the United States Armed
Forces or the Illinois National Guard and does not have
the written consent of his or her parent or guardian to
acquire and possess firearms and firearm ammunition, or
whose parent or guardian has revoked such written consent,
or where such parent or guardian does not qualify to have a
Firearm Owner's Identification Card;
(c) A person convicted of a felony under the laws of
this or any other jurisdiction;
(d) A person addicted to narcotics;
(e) A person who has been a patient of a mental health
facility within the past 5 years or a person who has been a
patient in a mental health facility more than 5 years ago
who has not received the certification required under
subsection (u) of this Section. An active law enforcement
officer employed by a unit of government or a Department
of Corrections employee authorized to possess firearms who
is denied, revoked, or has his or her Firearm Owner's
Identification Card seized under this subsection (e) may
obtain relief as described in subsection (c-5) of Section
10 of this Act if the officer or employee did not act in a
manner threatening to the officer or employee, another
person, or the public as determined by the treating
clinical psychologist or physician, and the officer or
employee seeks mental health treatment;

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(f) A person whose mental condition is of such a
nature that it poses a clear and present danger to the
applicant, any other person or persons, or the community;
(g) A person who has an intellectual disability;
(h) A person who intentionally makes a false statement
in the Firearm Owner's Identification Card application;
(i) A noncitizen who is unlawfully present in the
United States under the laws of the United States;
(i-5) A noncitizen who has been admitted to the United
States under a non-immigrant visa (as that term is defined
in Section 101(a)(26) of the Immigration and Nationality
Act (8 U.S.C. 1101(a)(26))), except that this subsection
(i-5) does not apply to any noncitizen who has been
lawfully admitted to the United States under a
non-immigrant visa if that noncitizen is:
(1) admitted to the United States for lawful
hunting or sporting purposes;
(2) an official representative of a foreign
government who is:
(A) accredited to the United States Government
or the Government's mission to an international
organization having its headquarters in the United
States; or
(B) en route to or from another country to
which that noncitizen is accredited;
(3) an official of a foreign government or

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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);
(j) (Blank);
(k) A person who has been convicted within the past 5
years of battery, assault, aggravated assault, violation
of an order of protection, or a substantially similar
offense in another jurisdiction, in which a firearm was
used or possessed;
(l) A person who has been convicted of domestic
battery, aggravated domestic battery, or a substantially
similar offense in another jurisdiction committed before,
on or after January 1, 2012 (the effective date of Public
Act 97-158). If the applicant or person who has been
previously issued a Firearm Owner's Identification Card
under this Act knowingly and intelligently waives the
right to have an offense described in this paragraph (l)
tried by a jury, and by guilty plea or otherwise, results
in a conviction for an offense in which a domestic
relationship is not a required element of the offense but
in which a determination of the applicability of 18 U.S.C.

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

HB5855 - 24 - LRB102 29834 RJT 41951 b
health facility; or
(u) A person who has had his or her Firearm Owner's
Identification Card revoked or denied under subsection (e)
of this Section or item (iv) of paragraph (2) of
subsection (a) of Section 4 of this Act because he or she
was a patient in a mental health facility as provided in
subsection (e) of this Section, shall not be permitted to
obtain a Firearm Owner's Identification Card, after the
5-year period has lapsed, unless he or she has received a
mental health evaluation by a physician, clinical
psychologist, or qualified examiner as those terms are
defined in the Mental Health and Developmental
Disabilities Code, and has received a certification that
he or she is not a clear and present danger to himself,
herself, or others. The physician, clinical psychologist,
or qualified examiner making the certification and his or
her employer shall not be held criminally, civilly, or
professionally liable for making or not making the
certification required under this subsection, except for
willful or wanton misconduct. This subsection does not
apply to a person whose firearm possession rights have
been restored through administrative or judicial action
under Section 10 or 11 of this Act.
Upon revocation of a person's Firearm Owner's
Identification Card, the Illinois State Police shall provide
notice to the person and the person shall comply with Section

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9.5 of this Act.
(Source: P.A. 101-80, eff. 7-12-19; 102-538, eff. 8-20-21;
102-645, eff. 1-1-22; 102-813, eff. 5-13-22; 102-1030, eff.
5-27-22.)
Section 15. The Firearms Restraining Order Act is amended
by changing Sections 10, 40, 45, and 55 as follows:
(430 ILCS 67/10)
Sec. 10. Commencement of action; procedure.
(a) An action for a firearms restraining order is
commenced by filing a verified petition for a firearms
restraining order in any circuit court.
(b) A petition for a firearms restraining order may be
filed in: (1) any county where the respondent resides or (2)
any county where an incident occurred that involved the
respondent posing an immediate and present danger of causing
personal injury to the respondent or another by having in his
or her custody or control, or purchasing, possessing, or
receiving, a firearm, ammunition, or firearm parts that could
be assembled to make an operable firearm.
(c) No fee shall be charged by the clerk for filing,
amending, vacating, certifying, printing, or photocopying
petitions or orders; or for issuing alias summons; or for any
related filing service. No fee shall be charged by the sheriff
or other law enforcement for service by the sheriff or other

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law enforcement of a petition, rule, motion, or order in an
action commenced under this Section.
(d) The court shall provide, through the office of the
clerk of the court, simplified forms and clerical assistance
to help with the writing and filing of a petition under this
Section by any person not represented by counsel. In addition,
that assistance may be provided by the State's Attorney.
(e) The State's Attorney of the county where the petition
is filed may act as a friend of the court in any action filed
under this Act. An Assistant State's Attorney of the county
where the petition is filed may also be appointed as a friend
of the court to assist a petitioner in court regarding
firearms restraining orders.
(Source: P.A. 101-81, eff. 7-12-19; 102-345, eff. 6-1-22.)
(430 ILCS 67/40)
Sec. 40. One-year Six-month orders.
(a) A petitioner may request a one-year 6-month firearms
restraining order 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

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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 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
that the petitioner intends to petition the court for a
one-year 6-month 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 one-year
6-month 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 one-year 6-month
firearms restraining order, the court shall order a hearing

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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.
(7) A pattern of violent acts or violent threats,

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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 firearms restraining order, the court
shall issue a firearms restraining order that shall be in
effect for one year, 6 months subject to renewal under Section
45 of this Act or termination under that Section.
(g-5) If the court issues a one-year 6-month 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 court finds there is probable cause to
believe he or she is likely to possess the firearms,

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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 one-year 6-month 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
firearm parts that could be assembled to make an operable

HB5855 - 31 - LRB102 29834 RJT 41951 b
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
parts that could be assembled to make an operable firearm to

HB5855 - 32 - LRB102 29834 RJT 41951 b
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
otherwise unlawfully possessed by the owner.

HB5855 - 33 - LRB102 29834 RJT 41951 b
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.)

HB5855 - 34 - LRB102 29834 RJT 41951 b
(430 ILCS 67/45)
Sec. 45. Termination and renewal.
(a) A person subject to a firearms restraining order
issued under this Act may submit one written request at any
time during the effective period of the order for a hearing to
terminate the order.
(1) The respondent shall have the burden of proving by
a preponderance of the evidence that the respondent does
not pose a 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.
(2) If the court finds after the hearing that the
respondent has met his or her burden, the court shall
terminate the order.
(b) A petitioner may request a renewal of a firearms
restraining order at any time within the 3 months before the
expiration of a firearms restraining order.
(1) A court shall, after notice and a hearing, renew a
firearms restraining order issued under this part if the
petitioner proves, by clear and convincing evidence, that
the respondent continues to pose a 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,

HB5855 - 35 - LRB102 29834 RJT 41951 b
ammunition, and firearm parts that could be assembled to
make an operable firearm.
(2) In determining whether to renew a firearms
restraining order issued under this Act, the court shall
consider evidence of the facts identified in subsection
(e) of Section 40 of this Act and any other evidence of an
increased risk for violence.
(3) At the hearing, the petitioner shall have the
burden of proving by clear and convincing evidence that
the respondent continues to pose a 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.
(4) The renewal of a firearms restraining order issued
under this Section shall be in effect for one year 6
months, subject to termination by further order of the
court at a hearing held under this Section and further
renewal by further order of the court under this Section.
(Source: P.A. 101-81, eff. 7-12-19; 102-345, eff. 6-1-22.)
(430 ILCS 67/55)
Sec. 55. Data maintenance by law enforcement agencies.
(a) All sheriffs shall furnish to the Illinois State
Police, daily, in the form and detail the Illinois State

HB5855 - 36 - LRB102 29834 RJT 41951 b
Police Department requires, copies of any recorded firearms
restraining orders issued by the court, and any foreign orders
of protection filed by the clerk of the court, and transmitted
to the sheriff by the clerk of the court under Section 50. Each
firearms restraining order shall be entered in the Law
Enforcement Agencies Data System (LEADS) on the same day it is
issued by the court. If an emergency firearms restraining
order was issued in accordance with Section 35 of this Act, the
order shall be entered in the Law Enforcement Agencies Data
System (LEADS) as soon as possible after receipt from the
clerk.
(b) The Illinois State Police shall maintain a complete
and systematic record and index of all valid and recorded
firearms restraining orders issued or filed under this Act.
The data shall be used to inform all dispatchers and law
enforcement officers at the scene of a violation of a firearms
restraining order of the effective dates and terms of any
recorded order of protection.
(c) The data, records, and transmittals required under
this Section shall pertain to any valid emergency or one-year
6-month firearms restraining order, whether issued in a civil
or criminal proceeding or authorized under the laws of another
state, tribe, or United States territory.
(Source: P.A. 101-81, eff. 7-12-19; 102-538, eff. 8-20-21.)
Section 20. The Wildlife Code is amended by changing

HB5855 - 37 - LRB102 29834 RJT 41951 b
Sections 3.1-5 and 3.1-9 as follows:
(520 ILCS 5/3.1-5)
Sec. 3.1-5. Apprentice Hunter License Program.
(a) The Department shall establish an Apprentice Hunter
License Program. The purpose of this Program shall be to
extend limited hunting privileges, in lieu of obtaining a
valid hunting license, to persons interested in learning about
hunting sports.
(b) Any resident or nonresident may apply to the
Department for an Apprentice Hunter License. The Apprentice
Hunter License shall be a non-renewable license that shall
expire on the March 31 following the date of issuance.
(c) The Apprentice Hunter License shall entitle the
licensee to hunt on private property while supervised by a
validly licensed resident or nonresident hunter who is 21
years of age or older.
(c-5) The Apprentice Hunter License shall entitle the
licensee to hunt on public property while supervised by a
validly licensed resident or nonresident who is 21 years of
age or older and has a hunter education certificate. When the
licensee is hunting with a firearm under the supervision of a
resident adult who is 21 years of age or older, the adult must
also possess a valid Firearm Owner's Identification Card.
(d) In order to be approved for the Apprentice Hunter
License, the applicant must request an Apprentice Hunter

HB5855 - 38 - LRB102 29834 RJT 41951 b
License on a form designated and made available by the
Department and submit a $7 fee, which shall be separate from
and additional to any other stamp, permit, tag, or license fee
that may be required for hunting under this Code. The
Department shall adopt suitable administrative rules that are
reasonable and necessary for the administration of the
program, but shall not require any certificate of competency
or other hunting education as a condition of the Apprentice
Hunter License.
(Source: P.A. 100-638, eff. 1-1-19; 101-444, eff. 6-1-20.)
(520 ILCS 5/3.1-9)
Sec. 3.1-9. Youth Hunting and Trapping License.
(a) Before any youth under 18 years of age shall take or
attempt to take any species protected by Section 2.2 of this
Code for which an open season is established, he or she shall
first procure and possess a valid Youth Hunting and Trapping
License. The Youth Hunting and Trapping License shall be a
renewable license that shall expire on the March 31 following
the date of issuance. The fee for a Youth Hunting and Trapping
License is $7.
A Youth Hunting and Trapping License shall entitle the
licensee to hunt while supervised by an adult who is 21 years
of age or older and has a valid Illinois hunting license.
A youth licensed under this subsection (a) shall not hunt
or carry a hunting device, including, but not limited to, a

HB5855 - 39 - LRB102 29834 RJT 41951 b
firearm, bow and arrow, or crossbow unless the youth is
accompanied by and under the close personal supervision of an
adult who is 21 years of age or older and has a valid Illinois
hunting license. When the youth is hunting with a firearm
under the supervision of a resident adult who is 21 years of
age or older, the adult must also possess a valid Firearm
Owner's Identification Card.
The Department shall adopt rules for the administration of
the program, but shall not require any certificate of
competency or other hunting or trapping education as a
condition of the Youth Hunting and Trapping License. If a
youth has a valid certificate of competency for hunting from a
hunter safety course approved by the Department, he or she is
exempt from the supervision requirements for youth hunters in
this Section.
(b) A Youth Hunting and Trapping License shall entitle the
licensee to trap while supervised by an adult who is 21 years
of age or older and has a valid Illinois trapping license.
A youth licensed under this Section shall not trap or
carry a hunting device, including, but not limited to, a
firearm, bow and arrow, or crossbow unless the youth is
accompanied by and under the close personal supervision of an
adult who is 21 years of age or older and has a valid Illinois
trapping license.
The Department shall adopt rules for the administration of
the program, but shall not require any certificate of

HB5855 - 40 - LRB102 29834 RJT 41951 b
competency or other trapping education as a condition of the
Youth Hunting and Trapping License. If a youth has a valid
certificate of competency for trapping from a trapper safety
course approved by the Department, then he or she is exempt
from the supervision requirements for youth trappers in this
Section.
(Source: P.A. 100-638, eff. 1-1-19; 100-691, eff. 1-1-19;
101-81, eff. 7-12-19.)
Section 25. The Criminal Code of 2012 is amended by
changing Section 24-1 and by adding Sections 24-1.9 and
24-1.10 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
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

HB5855 - 41 - LRB102 29834 RJT 41951 b
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
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

HB5855 - 42 - LRB102 29834 RJT 41951 b
(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 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
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

HB5855 - 43 - LRB102 29834 RJT 41951 b
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
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

HB5855 - 44 - LRB102 29834 RJT 41951 b
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
(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 license under the

HB5855 - 45 - LRB102 29834 RJT 41951 b
Firearm 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, or purchases any explosive
bullet. For purposes of this paragraph (a) "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

HB5855 - 46 - LRB102 29834 RJT 41951 b
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:
(i) any manual, power-driven, electronic, or any
other device that is designed to and functions to
increase the rate of fire of a semiautomatic firearm
when the device is attached to the firearm;
(ii) any part of a semiautomatic firearm or
combination of parts that is designed to and functions
to increase the rate of fire of a semiautomatic
firearm by eliminating the need for the operator of
the firearm to make a separate movement for each
individual function of the trigger; or
(iii) any other 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.
(b) Sentence. A person convicted of a violation of
subsection 24-1(a)(1) through (5), subsection 24-1(a)(10),

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subsection 24-1(a)(11), or subsection 24-1(a)(13) 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) or
24-1(a)(7)(ii) or (iii) 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), or 24-1(a)(10) 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.
(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

HB5855 - 48 - LRB102 29834 RJT 41951 b
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
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

HB5855 - 49 - LRB102 29834 RJT 41951 b
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
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

HB5855 - 50 - LRB102 29834 RJT 41951 b
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
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

HB5855 - 51 - LRB102 29834 RJT 41951 b
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.
(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,

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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.)
(720 ILCS 5/24-1.9 new)
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 pistol" means any of the following or a copy,
regardless of the producer or manufacturer:
(A) AA Arms AP-9 pistol.
(B) Armalite M15 11.5 pistol.
(C) Beretta 93R pistol.
(D) Bushmaster pistol.
(E) Claridge HI-TEC pistol.
(F) D Max Industries pistol.
(G) EKO Cobra pistol.
(H) Encom MK-IV, MP-9, or MP-45 pistol.

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(I) Heckler and Koch MP5K, MP7, SP-89, or VP70 pistol.
(J) Holmes MP-83 pistol.
(K) Ingram MAC 10/11 pistol and variations, including
the Partisan Avenger and the SWD Cobray.
(L) Intratec TEC-9/DC-9 pistol in any centerfire
variation.
(M) P.A.W.S. type pistol.
(N) Skorpion pistol.
(O) Spectre double action pistol (Sile, F.I.E.,
Mitchell).
(P) Stechkin automatic pistol.
(Q) Steyer tactical pistol.
(R) UZI pistol.
(S) Weaver Arms Nighthawk pistol.
(T) Wilkinson "Linda" pistol.
(2) "Assault shotgun or rifle" means any of the following
or a copy, regardless of the producer or manufacturer:
(A) American Arms Spectre da Semiautomatic carbine.
(B) AR10.
(C) AR15.
(D) AR70.
(E) Armalite M15.
(F) Avtomat Kalashnikov semiautomatic rifle in any
format, including the AK-47 in all forms.
(G) Algimec AGM-1 type semi-auto.
(H) AR 100 type semi-auto.

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(I) AR 180 type semi-auto.
(J) Argentine L.S.R. semi-auto.
(K) Australian Automatic Arms SAR type semi-auto.
(L) Auto-Ordnance Thompson M1 and 1927
semi-automatics.
(M) Barrett light .50 cal. semi-auto.
(N) Beretta AR70 type semi-auto.
(O) Bushmaster semi-auto rifle.
(P) Calico models M-100 and M-900.
(Q) CIS SR 88 type semi-auto.
(R) Claridge HI TEC C-9 carbines.
(S) Colt AR-15, CAR-15, and all imitations except Colt
AR-15 Sporter H-BAR rifle.
(T) Daewoo MAX 1 and MAX 2, aka AR 100, 110C, K-1, and
K-2.
(U) Dragunov Chinese made semi-auto.
(V) Famas semi-auto (.223 caliber).
(W) Feather AT-9 semi-auto.
(X) FN LAR and FN FAL assault rifle.
(Y) FNC semi-auto type carbine.
(Z) F.I.E./Franchi LAW 12 and SPAS 12 assault shotgun.
(AA) Smith & Wesson M&P 15.
(BB) Steyr-AUG-SA semi-auto.
(CC) Galil models AR and ARM semi-auto.
(DD) Heckler and Koch HK-91 A3, HK-93 A2, HK-94 A2 and
A3.

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(EE) Holmes model 88 shotgun.
(FF) Manchester Arms "Commando" MK-45, MK-9.
(GG) Mandell TAC-1 semi-auto carbine.
(HH) Mossberg model 500 Bullpup assault shotgun.
(II) Sterling Mark 6.
(JJ) P.A.W.S. carbine.
(KK) Ruger mini-14 folding stock model (.223 caliber).
(LL) SIG 550/551 assault rifle (.223 caliber).
(MM) SKS with detachable magazine.
(NN) AP-74 Commando type semi-auto.
(OO) Springfield Armory BM-59, SAR-48, G3, SAR-3, M-21
sniper rifle, and M1A, excluding the M1 Garand.
(PP) Street sweeper assault type shotgun.
(QQ) Striker 12 assault shotgun in all formats.
(RR) Unique F11 semi-auto type.
(SS) Daewoo USAS 12 semi-auto shotgun.
(TT) UZI 9mm carbine or rifle.
(UU) Valmet M-76 and M-78 semi-auto.
(VV) Weaver Arms "Nighthawk" semi-auto carbine.
(WW) Wilkinson Arms 9mm semi-auto "Terry".
(3) "Assault weapon" means:
(A) An assault shotgun or rifle.
(B) An assault pistol.
(C) A semiautomatic, centerfire rifle that can accept
a detachable magazine and has at least one of the
following:

HB5855 - 56 - LRB102 29834 RJT 41951 b
(i) A folding or telescoping stock.
(ii) Any grip of the weapon, including a pistol
grip, a thumbhole stock, or any other stock, the use of
which would allow an individual to grip the weapon,
resulting in any finger on the trigger hand in
addition to the trigger finger being directly below
any portion of the action of the weapon when firing.
(iii) A forward pistol grip.
(iv) A flash suppressor.
(v) A grenade launcher or flare launcher.
(D) A semiautomatic, centerfire rifle that has an
overall length of less than 30 inches.
(E) A semiautomatic pistol that can accept a
detachable magazine and has at least one of the following:
(i) An ability to accept a detachable ammunition
magazine that attaches at some location outside of the
pistol grip.
(ii) A threaded barrel capable of accepting a
flash suppressor, forward pistol grip or silencer.
(iii) A shroud that is attached to, or partially
or completely encircles, the barrel and that permits
the shooter to fire the firearm without being burned,
except a slide that encloses the barrel.
(iv) A second hand grip.
(F) A semiautomatic shotgun that has both of the
following:

HB5855 - 57 - LRB102 29834 RJT 41951 b
(i) A folding or telescoping stock.
(ii) Any grip of the weapon, including a pistol
grip, a thumbhole stock, or any other stock, the use of
which would allow an individual to grip the weapon,
resulting in any finger on the trigger hand in
addition to the trigger finger being directly below
any portion of the action of the weapon when firing.
(G) A semiautomatic shotgun that has the ability to
accept a detachable magazine.
(H) A shotgun with a revolving cylinder.
(I) A semiautomatic pistol with a fixed magazine that
can accept more than 10 rounds.
(J) A semiautomatic, centerfire rifle that has a fixed
magazine that can accept more than 10 rounds.
"Assault weapon" does not include:
(A) any firearm that:
(i) is manually operated by bolt, pump, lever, or
slide action;
(ii) is an unserviceable firearm or has been made
permanently inoperable;
(iii) is an antique firearm;
(iv) uses rimfire ammunition or cartridges; or
(v) has been excluded as an assault weapon in a
Department of Natural Resources rule; the Department
of Natural Resources shall have the authority to adopt
rules to further define exclusions of assault weapon

HB5855 - 58 - LRB102 29834 RJT 41951 b
types under this Section, so long as the make, model,
and caliber of the firearm excluded has a viable
application to hunting game and conforms to accepted
hunting principles of fair chase; or
(B) any air rifle as defined in Section 24.8-0.1
of this Code.
In this Section, a firearm is considered to have the
ability to accept a detachable magazine unless the magazine or
ammunition feeding device can only be removed through
disassembly of the firearm action.
(4) "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).
(5) "Antique firearm" has the meaning ascribed to it in 18
U.S.C. 921(a)(16).
(6) ".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.
(7) ".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

HB5855 - 59 - LRB102 29834 RJT 41951 b
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.
(8) "Detachable magazine" means an ammunition feeding
device that can be removed readily from a firearm without
requiring disassembly of the firearm action or without the use
of a tool, including a bullet or cartridge.
(9) "Locking mechanism" means secured by a device or
mechanism, other than the firearm safety, designed to render a
firearm temporarily inoperable; or a box or container capable
of containing the firearm and that can be securely locked.
(b) The Illinois State Police shall take all steps
necessary to carry out the requirements of this Section within
180 days after the effective date of this amendatory Act of the
102nd General Assembly.
(c) Except as provided in subsections (d), (e), and (g),
on or after the effective date of this amendatory Act of the
102nd General Assembly, it is unlawful for any person within
this State to knowingly manufacture, deliver, sell, or
purchase or cause to be manufactured, delivered, sold, or
purchased or cause to be possessed by another, an assault
weapon, assault weapon attachment, .50 caliber rifle, or .50
caliber cartridge.
(d) Except as otherwise provided in subsections (e) and
(f), 300 days after the effective date of this amendatory Act

HB5855 - 60 - LRB102 29834 RJT 41951 b
of the 102nd General Assembly, it is unlawful for any person
within this State to knowingly possess an assault weapon, .50
caliber rifle, or .50 caliber cartridge.
(e) This Section does not apply to a person who possessed
an assault weapon or .50 caliber rifle prohibited by
subsection (d) of this Section before the effective date of
this amendatory Act of the 102nd General Assembly, if the
person has provided in a registration affidavit, under oath or
affirmation and in the form and manner prescribed by the
Illinois State Police on or after 180 days after the effective
date of this amendatory Act of the 102nd General Assembly but
within 300 days after the effective date of this amendatory
Act of the 102nd General Assembly:
(1) the affiant's name;
(2) the affiant's date of birth;
(3) the affiant's Firearm Owner's Identification Card
number;
(4) the make, model, caliber, and serial number of the
weapon; and
(5) proof of a locking mechanism that properly fits
the weapon, in the form of a statement that the weapon is
owned by the person submitting the affidavit and that the
affiant owns a locking mechanism for the weapon.
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

HB5855 - 61 - LRB102 29834 RJT 41951 b
Criminal Code of 2012."
Beginning 300 days after the effective date of this
amendatory Act of the 102nd General Assembly, the person with
a registered assault weapon or .50 caliber rifle may transfer
the assault weapon or .50 caliber rifle 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 is
transferred shall, within 60 days of the transfer, complete an
affidavit and pay the required registration fee under this
Section. A person to whom the weapon is transferred may
transfer it only as provided in this subsection.
(f) For the purpose of registration required under
subsection (e), the Illinois State Police shall assess a
registration fee of $25 per person to the owner of an assault
weapon and $25 per person to the owner of a .50 caliber rifle.
The fees shall be deposited into the State Police Firearm
Services Fund. If a person owns more than one assault weapon or
more than one .50 caliber rifle, the person shall only pay one
registration fee.
(g) This Section does not apply to or affect any of the

HB5855 - 62 - LRB102 29834 RJT 41951 b
following:
(1) Peace officers, as defined in Section 2-13 of this
Code, while performing their official duties or while
traveling to or from their places of duty.
(2) Acquisition and possession by a local law
enforcement agency for the purpose of equipping the
agency's peace officers as defined in paragraph (1) of
this subsection (g).
(3) Wardens, superintendents, and keepers of prisons,
penitentiaries, jails, and other institutions for the
detention of persons accused or convicted of an offense.
(4) 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.
(5) 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.

HB5855 - 63 - LRB102 29834 RJT 41951 b
(6) Manufacture, transportation, or sale of weapons,
attachments, or ammunition to persons authorized under
subdivisions (1) through (5) of this subsection (g) to
possess those items.
(7) 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
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.
(8) 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

HB5855 - 64 - LRB102 29834 RJT 41951 b
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.
(9) 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.
(10) Possession of a weapon only for hunting use
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.
(11) The manufacture, transportation, possession,

HB5855 - 65 - LRB102 29834 RJT 41951 b
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.
(h) Sentence.
(1) A person who knowingly manufactures, delivers, sells,
purchases, or possesses or causes to be manufactured,
delivered, sold, purchased, or possessed an assault weapon in
violation of this Section commits a Class 3 felony for a first
violation and a Class 2 felony for a second or subsequent
violation or for the possession or delivery of 2 or more of
these weapons at the same time.
(2) A person who knowingly manufactures, delivers, sells,
purchases, or possesses or causes to be manufactured,
delivered, sold, purchased, or possessed in violation of this
Section an assault weapon attachment commits a Class 4 felony
for a first violation and a Class 3 felony for a second or
subsequent violation.
(3) A person who knowingly manufactures, delivers, sells,
purchases, or possesses or causes to be manufactured,
delivered, sold, purchased, or possessed in violation of this
Section a .50 caliber rifle commits a Class 3 felony for a
first violation and a Class 2 felony for a second or subsequent

HB5855 - 66 - LRB102 29834 RJT 41951 b
violation or for the possession or delivery of 2 or more of
these weapons at the same time.
(4) A person who knowingly manufactures, delivers, sells,
purchases, or possesses or causes to be manufactured,
delivered, sold, purchased, or possessed in violation of this
Section a .50 caliber cartridge commits a Class A misdemeanor.
(5) Any other violation of this Section is a Class A
misdemeanor.
(720 ILCS 5/24-1.10 new)
Sec. 24-1.10. Manufacture, delivery, or sale of large
capacity ammunition feeding devices.
(a) In this Section:
"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; 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

HB5855 - 67 - LRB102 29834 RJT 41951 b
permanently inoperable.
(b) Except as provided in subsection (c), it is unlawful
for any person within this State to knowingly manufacture,
deliver, sell, purchase, or possess or cause to be
manufactured, delivered, sold, or purchased a large capacity
ammunition feeding device.
(c) This Section does not apply to or affect any of the
following:
(1) Peace officers as defined in Section 2-13 of this
Code while performing their official duties or while
traveling to or from their places of duty.
(2) A local law enforcement agency for the purpose of
equipping the agency's peace officers as defined in
paragraph (1) of this subsection (c).
(3) Wardens, superintendents, and keepers of prisons,
penitentiaries, jails, and other institutions for the
detention of persons accused or convicted of an offense.
(4) Members of the Armed Services or Reserve Forces of
the United States or the Illinois National Guard, while
their official duties or while traveling to or from their
places of duty.
(5) 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,

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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.
(6) Sale of large capacity ammunition feeding devices
to persons authorized under subdivisions (1) through (5)
of this subsection (c) to possess those devices.
(7) 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
entertainment event.
(d) Sentence. A person who knowingly delivers, sells,
purchases, or causes to be delivered, sold, or purchased in
violation of this Section a large capacity ammunition feeding
device capable of holding more than 10 rounds of ammunition
commits a Class 3 felony for a first violation and a Class 2
felony for a second or subsequent violation or for delivery or
possession of 2 or more of these devices at the same time. Any
other violation of this Section is a Class A misdemeanor.
Section 99. Effective date. This Act takes effect upon
becoming law.
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INDEX
Statutes amended in order of appearance