Bill Amendment: IL SB2226 | 2021-2022 | 102nd General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: AMUSEMENT RIDE SAFETY
Status: 2023-01-10 - Added as Co-Sponsor Sen. Kimberly A. Lightford [SB2226 Detail]
Download: Illinois-2021-SB2226-House_Amendment_002.html
Bill Title: AMUSEMENT RIDE SAFETY
Status: 2023-01-10 - Added as Co-Sponsor Sen. Kimberly A. Lightford [SB2226 Detail]
Download: Illinois-2021-SB2226-House_Amendment_002.html
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1 | AMENDMENT TO SENATE BILL 2226
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2 | AMENDMENT NO. ______. Amend Senate Bill 2226, AS AMENDED, | ||||||
3 | by replacing everything after the enacting clause with the | ||||||
4 | following:
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5 | "Section 1. This Act may be referred to as the Protect | ||||||
6 | Illinois Communities Act.
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7 | Section 5. The Illinois State Police Law of the
Civil | ||||||
8 | Administrative Code of Illinois is amended by changing | ||||||
9 | Sections 2605-35 and 2605-51.1 as follows:
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10 | (20 ILCS 2605/2605-35) (was 20 ILCS 2605/55a-3)
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11 | Sec. 2605-35. Division of Criminal
Investigation. | ||||||
12 | (a) The Division of Criminal
Investigation shall exercise
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13 | the following functions and those in Section 2605-30:
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14 | (1) Exercise the rights, powers, and duties vested by
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15 | law in the Illinois State Police by the Illinois Horse |
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1 | Racing Act of 1975, including those set forth in Section | ||||||
2 | 2605-215.
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3 | (2) Investigate the origins, activities, personnel, | ||||||
4 | and
incidents of crime and enforce the criminal laws of | ||||||
5 | this State related thereto.
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6 | (3) Enforce all laws regulating the production, sale,
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7 | prescribing, manufacturing, administering, transporting, | ||||||
8 | having in possession,
dispensing, delivering, | ||||||
9 | distributing, or use of controlled substances
and | ||||||
10 | cannabis.
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11 | (4) Cooperate with the police of cities, villages, and
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12 | incorporated towns and with the police officers of any | ||||||
13 | county in
enforcing the laws of the State and in making | ||||||
14 | arrests and recovering
property.
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15 | (5) Apprehend and deliver up any person charged in | ||||||
16 | this State or any other
state with treason or a felony or | ||||||
17 | other crime who has fled from justice and is
found in this | ||||||
18 | State.
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19 | (6) Investigate recipients and providers under the | ||||||
20 | Illinois Public Aid
Code and any personnel involved in the | ||||||
21 | administration of the Code who are
suspected of any | ||||||
22 | violation of the Code pertaining to fraud in the
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23 | administration, receipt, or provision of assistance and | ||||||
24 | pertaining to any
violation of criminal law; and exercise | ||||||
25 | the functions required under Section
2605-220 in the | ||||||
26 | conduct of those investigations.
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1 | (7) Conduct other investigations as provided by law , | ||||||
2 | including, but not limited to, investigations of human | ||||||
3 | trafficking, illegal drug trafficking, and illegal | ||||||
4 | firearms trafficking .
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5 | (8) Investigate public corruption.
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6 | (9) Exercise other duties that may be assigned by the | ||||||
7 | Director in order to
fulfill the responsibilities and | ||||||
8 | achieve the purposes of the Illinois State Police, which | ||||||
9 | may include the coordination of gang, terrorist, and | ||||||
10 | organized crime prevention, control activities, and | ||||||
11 | assisting local law enforcement in their crime control | ||||||
12 | activities.
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13 | (10) Conduct investigations (and cooperate with | ||||||
14 | federal law enforcement agencies in the investigation) of | ||||||
15 | any property-related crimes, such as money laundering, | ||||||
16 | involving individuals or entities listed on the sanctions | ||||||
17 | list maintained by the U.S. Department of Treasury's | ||||||
18 | Office of Foreign Asset Control. | ||||||
19 | (b) (Blank).
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20 | (c) The Division of Criminal
Investigation shall provide | ||||||
21 | statewide coordination and strategy pertaining to | ||||||
22 | firearm-related intelligence, firearms trafficking | ||||||
23 | interdiction, and investigations reaching across all divisions | ||||||
24 | of the Illinois State Police, including providing crime gun | ||||||
25 | intelligence support for suspects and firearms involved in | ||||||
26 | firearms trafficking or the commission of a crime involving |
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1 | firearms that is investigated by the Illinois State Police and | ||||||
2 | other federal, State, and local law enforcement agencies, with | ||||||
3 | the objective of reducing and preventing illegal possession | ||||||
4 | and use of firearms, firearms trafficking, firearm-related | ||||||
5 | homicides, and other firearm-related violent crimes in | ||||||
6 | Illinois. | ||||||
7 | (Source: P.A. 102-538, eff. 8-20-21; 102-813, eff. 5-13-22; | ||||||
8 | 102-1108, eff. 12-21-22.)
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9 | (20 ILCS 2605/2605-51.1) | ||||||
10 | (Section scheduled to be repealed on June 1, 2026) | ||||||
11 | Sec. 2605-51.1. Commission on Implementing the Firearms | ||||||
12 | Restraining Order Act. | ||||||
13 | (a) There is created the Commission on Implementing the | ||||||
14 | Firearms Restraining Order Act composed of at least 12 members | ||||||
15 | to advise on the strategies of education and implementation of | ||||||
16 | the Firearms Restraining Order Act. The Commission shall be | ||||||
17 | appointed by the Director of the Illinois State Police or his | ||||||
18 | or her designee and shall include a liaison or representative | ||||||
19 | nominated from the following: | ||||||
20 | (1) the Office of the Attorney General, appointed by | ||||||
21 | the Attorney General; | ||||||
22 | (2) the Director of the Illinois State Police or his | ||||||
23 | or her designee; | ||||||
24 | (3) at least 3 State's Attorneys, nominated by the | ||||||
25 | Director of the Office of the State's Attorneys Appellate |
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1 | Prosecutor; | ||||||
2 | (4) at least 2 municipal police department | ||||||
3 | representatives,
nominated by the Illinois Association of | ||||||
4 | Chiefs of Police; | ||||||
5 | (5) an Illinois sheriff,
nominated by the Illinois | ||||||
6 | Sheriffs' Association; | ||||||
7 | (6) the Director of Public Health or his or her | ||||||
8 | designee; | ||||||
9 | (7) the Illinois Law Enforcement Training Standards | ||||||
10 | Board, nominated by the Executive Director of the Board; | ||||||
11 | (8) a representative from a public defender's office,
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12 | nominated by the State Appellate Defender; | ||||||
13 | (9) a circuit court judge,
nominated by the Chief | ||||||
14 | Justice of the Supreme Court; | ||||||
15 | (10) a prosecutor with experience managing or | ||||||
16 | directing a program in another state where the | ||||||
17 | implementation of that state's extreme risk protection | ||||||
18 | order law has achieved high rates of petition filings | ||||||
19 | nominated by the National District Attorneys Association; | ||||||
20 | and | ||||||
21 | (11) an expert from law enforcement who has experience | ||||||
22 | managing or directing a program in another state where the | ||||||
23 | implementation of that state's extreme risk protection | ||||||
24 | order law has achieved high rates of petition filings | ||||||
25 | nominated by the Director of the Illinois State Police ; | ||||||
26 | and |
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1 | (12) a circuit court clerk, nominated by the President | ||||||
2 | of the Illinois Association of Court Clerks . | ||||||
3 | (b)
The Commission shall be chaired by the Director of the | ||||||
4 | Illinois State Police or his or her designee. The Commission | ||||||
5 | shall meet, either virtually or in person, to discuss the | ||||||
6 | implementation of the Firearms Restraining Order Act as | ||||||
7 | determined by the Commission while the strategies are being | ||||||
8 | established. | ||||||
9 | (c) The members of the Commission shall serve without | ||||||
10 | compensation and shall serve 3-year terms. | ||||||
11 | (d) An annual report shall be submitted to the General | ||||||
12 | Assembly by the Commission that may include summary | ||||||
13 | information about firearms restraining order use by county, | ||||||
14 | challenges to Firearms Restraining Order Act implementation, | ||||||
15 | and recommendations for increasing and improving | ||||||
16 | implementation. | ||||||
17 | (e)
The Commission shall develop a model policy with an | ||||||
18 | overall framework for the timely relinquishment of firearms | ||||||
19 | whenever a firearms restraining order is issued. The model | ||||||
20 | policy shall be finalized within the first 4 months of | ||||||
21 | convening. In formulating the model policy, the Commission | ||||||
22 | shall consult counties in Illinois and other states with | ||||||
23 | extreme risk protection order laws which have achieved a high | ||||||
24 | rate of petition filings. Once approved, the Illinois State | ||||||
25 | Police shall work with their local law enforcement agencies | ||||||
26 | within their county to design a comprehensive strategy for the |
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1 | timely relinquishment of firearms, using the model policy as | ||||||
2 | an overall framework. Each individual agency may make small | ||||||
3 | modifications as needed to the model policy and must approve | ||||||
4 | and adopt a policy that aligns with the model policy. The | ||||||
5 | Illinois State Police shall convene local police chiefs and | ||||||
6 | sheriffs within their county as needed to discuss the | ||||||
7 | relinquishment of firearms. | ||||||
8 | (f) The Commission shall be dissolved June 1, 2025 (3 | ||||||
9 | years after the effective date of Public Act 102-345). | ||||||
10 | (g) This Section is repealed June 1, 2026 (4 years after | ||||||
11 | the effective date of Public Act 102-345).
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12 | (Source: P.A. 102-345, eff. 6-1-22; 102-813, eff. 5-13-22.)
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13 | Section 10. The Illinois Procurement Code is amended by | ||||||
14 | changing Section 1-10 as follows:
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15 | (30 ILCS 500/1-10)
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16 | Sec. 1-10. Application.
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17 | (a) This Code applies only to procurements for which | ||||||
18 | bidders, offerors, potential contractors, or contractors were | ||||||
19 | first
solicited on or after July 1, 1998. This Code shall not | ||||||
20 | be construed to affect
or impair any contract, or any | ||||||
21 | provision of a contract, entered into based on a
solicitation | ||||||
22 | prior to the implementation date of this Code as described in
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23 | Article 99, including, but not limited to, any covenant | ||||||
24 | entered into with respect
to any revenue bonds or similar |
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1 | instruments.
All procurements for which contracts are | ||||||
2 | solicited between the effective date
of Articles 50 and 99 and | ||||||
3 | July 1, 1998 shall be substantially in accordance
with this | ||||||
4 | Code and its intent.
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5 | (b) This Code shall apply regardless of the source of the | ||||||
6 | funds with which
the contracts are paid, including federal | ||||||
7 | assistance moneys. This
Code shall
not apply to:
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8 | (1) Contracts between the State and its political | ||||||
9 | subdivisions or other
governments, or between State | ||||||
10 | governmental bodies, except as specifically provided in | ||||||
11 | this Code.
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12 | (2) Grants, except for the filing requirements of | ||||||
13 | Section 20-80.
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14 | (3) Purchase of care, except as provided in Section | ||||||
15 | 5-30.6 of the Illinois Public Aid
Code and this Section.
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16 | (4) Hiring of an individual as an employee and not as | ||||||
17 | an independent
contractor, whether pursuant to an | ||||||
18 | employment code or policy or by contract
directly with | ||||||
19 | that individual.
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20 | (5) Collective bargaining contracts.
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21 | (6) Purchase of real estate, except that notice of | ||||||
22 | this type of contract with a value of more than $25,000 | ||||||
23 | must be published in the Procurement Bulletin within 10 | ||||||
24 | calendar days after the deed is recorded in the county of | ||||||
25 | jurisdiction. The notice shall identify the real estate | ||||||
26 | purchased, the names of all parties to the contract, the |
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1 | value of the contract, and the effective date of the | ||||||
2 | contract.
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3 | (7) Contracts necessary to prepare for anticipated | ||||||
4 | litigation, enforcement
actions, or investigations, | ||||||
5 | provided
that the chief legal counsel to the Governor | ||||||
6 | shall give his or her prior
approval when the procuring | ||||||
7 | agency is one subject to the jurisdiction of the
Governor, | ||||||
8 | and provided that the chief legal counsel of any other | ||||||
9 | procuring
entity
subject to this Code shall give his or | ||||||
10 | her prior approval when the procuring
entity is not one | ||||||
11 | subject to the jurisdiction of the Governor.
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12 | (8) (Blank).
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13 | (9) Procurement expenditures by the Illinois | ||||||
14 | Conservation Foundation
when only private funds are used.
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15 | (10) (Blank). | ||||||
16 | (11) Public-private agreements entered into according | ||||||
17 | to the procurement requirements of Section 20 of the | ||||||
18 | Public-Private Partnerships for Transportation Act and | ||||||
19 | design-build agreements entered into according to the | ||||||
20 | procurement requirements of Section 25 of the | ||||||
21 | Public-Private Partnerships for Transportation Act. | ||||||
22 | (12) (A) Contracts for legal, financial, and other | ||||||
23 | professional and artistic services entered into by the | ||||||
24 | Illinois Finance Authority in which the State of Illinois | ||||||
25 | is not obligated. Such contracts shall be awarded through | ||||||
26 | a competitive process authorized by the members of the |
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1 | Illinois Finance Authority and are subject to Sections | ||||||
2 | 5-30, 20-160, 50-13, 50-20, 50-35, and 50-37 of this Code, | ||||||
3 | as well as the final approval by the members of the | ||||||
4 | Illinois Finance Authority of the terms of the contract. | ||||||
5 | (B) Contracts for legal and financial services entered | ||||||
6 | into by the Illinois Housing Development Authority in | ||||||
7 | connection with the issuance of bonds in which the State | ||||||
8 | of Illinois is not obligated. Such contracts shall be | ||||||
9 | awarded through a competitive process authorized by the | ||||||
10 | members of the Illinois Housing Development Authority and | ||||||
11 | are subject to Sections 5-30, 20-160, 50-13, 50-20, 50-35, | ||||||
12 | and 50-37 of this Code, as well as the final approval by | ||||||
13 | the members of the Illinois Housing Development Authority | ||||||
14 | of the terms of the contract. | ||||||
15 | (13) Contracts for services, commodities, and | ||||||
16 | equipment to support the delivery of timely forensic | ||||||
17 | science services in consultation with and subject to the | ||||||
18 | approval of the Chief Procurement Officer as provided in | ||||||
19 | subsection (d) of Section 5-4-3a of the Unified Code of | ||||||
20 | Corrections, except for the requirements of Sections | ||||||
21 | 20-60, 20-65, 20-70, and 20-160 and Article 50 of this | ||||||
22 | Code; however, the Chief Procurement Officer may, in | ||||||
23 | writing with justification, waive any certification | ||||||
24 | required under Article 50 of this Code. For any contracts | ||||||
25 | for services which are currently provided by members of a | ||||||
26 | collective bargaining agreement, the applicable terms of |
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1 | the collective bargaining agreement concerning | ||||||
2 | subcontracting shall be followed. | ||||||
3 | On and after January 1, 2019, this paragraph (13), | ||||||
4 | except for this sentence, is inoperative. | ||||||
5 | (14) Contracts for participation expenditures required | ||||||
6 | by a domestic or international trade show or exhibition of | ||||||
7 | an exhibitor, member, or sponsor. | ||||||
8 | (15) Contracts with a railroad or utility that | ||||||
9 | requires the State to reimburse the railroad or utilities | ||||||
10 | for the relocation of utilities for construction or other | ||||||
11 | public purpose. Contracts included within this paragraph | ||||||
12 | (15) shall include, but not be limited to, those | ||||||
13 | associated with: relocations, crossings, installations, | ||||||
14 | and maintenance. For the purposes of this paragraph (15), | ||||||
15 | "railroad" means any form of non-highway ground | ||||||
16 | transportation that runs on rails or electromagnetic | ||||||
17 | guideways and "utility" means: (1) public utilities as | ||||||
18 | defined in Section 3-105 of the Public Utilities Act, (2) | ||||||
19 | telecommunications carriers as defined in Section 13-202 | ||||||
20 | of the Public Utilities Act, (3) electric cooperatives as | ||||||
21 | defined in Section 3.4 of the Electric Supplier Act, (4) | ||||||
22 | telephone or telecommunications cooperatives as defined in | ||||||
23 | Section 13-212 of the Public Utilities Act, (5) rural | ||||||
24 | water or waste water systems with 10,000 connections or | ||||||
25 | less, (6) a holder as defined in Section 21-201 of the | ||||||
26 | Public Utilities Act, and (7) municipalities owning or |
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1 | operating utility systems consisting of public utilities | ||||||
2 | as that term is defined in Section 11-117-2 of the | ||||||
3 | Illinois Municipal Code. | ||||||
4 | (16) Procurement expenditures necessary for the | ||||||
5 | Department of Public Health to provide the delivery of | ||||||
6 | timely newborn screening services in accordance with the | ||||||
7 | Newborn Metabolic Screening Act. | ||||||
8 | (17) Procurement expenditures necessary for the | ||||||
9 | Department of Agriculture, the Department of Financial and | ||||||
10 | Professional Regulation, the Department of Human Services, | ||||||
11 | and the Department of Public Health to implement the | ||||||
12 | Compassionate Use of Medical Cannabis Program and Opioid | ||||||
13 | Alternative Pilot Program requirements and ensure access | ||||||
14 | to medical cannabis for patients with debilitating medical | ||||||
15 | conditions in accordance with the Compassionate Use of | ||||||
16 | Medical Cannabis Program Act. | ||||||
17 | (18) This Code does not apply to any procurements | ||||||
18 | necessary for the Department of Agriculture, the | ||||||
19 | Department of Financial and Professional Regulation, the | ||||||
20 | Department of Human Services, the Department of Commerce | ||||||
21 | and Economic Opportunity, and the Department of Public | ||||||
22 | Health to implement the Cannabis Regulation and Tax Act if | ||||||
23 | the applicable agency has made a good faith determination | ||||||
24 | that it is necessary and appropriate for the expenditure | ||||||
25 | to fall within this exemption and if the process is | ||||||
26 | conducted in a manner substantially in accordance with the |
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1 | requirements of Sections 20-160, 25-60, 30-22, 50-5, | ||||||
2 | 50-10, 50-10.5, 50-12, 50-13, 50-15, 50-20, 50-21, 50-35, | ||||||
3 | 50-36, 50-37, 50-38, and 50-50 of this Code; however, for | ||||||
4 | Section 50-35, compliance applies only to contracts or | ||||||
5 | subcontracts over $100,000. Notice of each contract | ||||||
6 | entered into under this paragraph (18) that is related to | ||||||
7 | the procurement of goods and services identified in | ||||||
8 | paragraph (1) through (9) of this subsection shall be | ||||||
9 | published in the Procurement Bulletin within 14 calendar | ||||||
10 | days after contract execution. The Chief Procurement | ||||||
11 | Officer shall prescribe the form and content of the | ||||||
12 | notice. Each agency shall provide the Chief Procurement | ||||||
13 | Officer, on a monthly basis, in the form and content | ||||||
14 | prescribed by the Chief Procurement Officer, a report of | ||||||
15 | contracts that are related to the procurement of goods and | ||||||
16 | services identified in this subsection. At a minimum, this | ||||||
17 | report shall include the name of the contractor, a | ||||||
18 | description of the supply or service provided, the total | ||||||
19 | amount of the contract, the term of the contract, and the | ||||||
20 | exception to this Code utilized. A copy of any or all of | ||||||
21 | these contracts shall be made available to the Chief | ||||||
22 | Procurement Officer immediately upon request. The Chief | ||||||
23 | Procurement Officer shall submit a report to the Governor | ||||||
24 | and General Assembly no later than November 1 of each year | ||||||
25 | that includes, at a minimum, an annual summary of the | ||||||
26 | monthly information reported to the Chief Procurement |
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1 | Officer. This exemption becomes inoperative 5 years after | ||||||
2 | June 25, 2019 (the effective date of Public Act 101-27). | ||||||
3 | (19) Acquisition of modifications or adjustments, | ||||||
4 | limited to assistive technology devices and assistive | ||||||
5 | technology services, adaptive equipment, repairs, and | ||||||
6 | replacement parts to provide reasonable accommodations (i) | ||||||
7 | that enable a qualified applicant with a disability to | ||||||
8 | complete the job application process and be considered for | ||||||
9 | the position such qualified applicant desires, (ii) that | ||||||
10 | modify or adjust the work environment to enable a | ||||||
11 | qualified current employee with a disability to perform | ||||||
12 | the essential functions of the position held by that | ||||||
13 | employee, (iii) to enable a qualified current employee | ||||||
14 | with a disability to enjoy equal benefits and privileges | ||||||
15 | of employment as are enjoyed by other similarly situated | ||||||
16 | employees without disabilities, and (iv) that allow a | ||||||
17 | customer, client, claimant, or member of the public | ||||||
18 | seeking State services full use and enjoyment of and | ||||||
19 | access to its programs, services, or benefits. | ||||||
20 | For purposes of this paragraph (19): | ||||||
21 | "Assistive technology devices" means any item, piece | ||||||
22 | of equipment, or product system, whether acquired | ||||||
23 | commercially off the shelf, modified, or customized, that | ||||||
24 | is used to increase, maintain, or improve functional | ||||||
25 | capabilities of individuals with disabilities. | ||||||
26 | "Assistive technology services" means any service that |
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1 | directly assists an individual with a disability in | ||||||
2 | selection, acquisition, or use of an assistive technology | ||||||
3 | device. | ||||||
4 | "Qualified" has the same meaning and use as provided | ||||||
5 | under the federal Americans with Disabilities Act when | ||||||
6 | describing an individual with a disability. | ||||||
7 | (20) Procurement expenditures necessary for the
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8 | Illinois Commerce Commission to hire third-party
| ||||||
9 | facilitators pursuant to Sections 16-105.17 and
16-108.18 | ||||||
10 | of the Public Utilities Act or an ombudsman pursuant to | ||||||
11 | Section 16-107.5 of the Public Utilities Act, a | ||||||
12 | facilitator pursuant to Section 16-105.17 of the Public | ||||||
13 | Utilities Act, or a grid auditor pursuant to Section | ||||||
14 | 16-105.10 of the Public Utilities Act. | ||||||
15 | (21) Procurement expenditures for the purchase, | ||||||
16 | renewal and expansion of software, software licenses, or | ||||||
17 | software maintenance agreements that support the efforts | ||||||
18 | of the Illinois State Police to enforce, regulate, and | ||||||
19 | administer the Firearm Owners Identification Card Act, the | ||||||
20 | Firearm Concealed Carry Act, the Firearms Restraining | ||||||
21 | Order Act, the Firearm Dealer License Certification Act, | ||||||
22 | the Law Enforcement Agencies Data System (LEADS), the | ||||||
23 | Uniform Crime Reporting Act, the Criminal Identification | ||||||
24 | Act, the Uniform Conviction Information Act, and the Gun | ||||||
25 | Trafficking Information Act, or establish or maintain | ||||||
26 | record management systems necessary to conduct human |
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1 | trafficking investigations or gun trafficking or other | ||||||
2 | stolen firearm investigations. This paragraph (21) applies | ||||||
3 | to contracts entered into on or after the effective date | ||||||
4 | of this amendatory Act of the 102nd General Assembly and | ||||||
5 | the renewal of contracts that are in effect on the | ||||||
6 | effective date of this amendatory Act of the 102nd General | ||||||
7 | Assembly. | ||||||
8 | Notwithstanding any other provision of law, for contracts | ||||||
9 | with an annual value of more than $100,000 entered into on or | ||||||
10 | after October 1, 2017 under an exemption provided in any | ||||||
11 | paragraph of this subsection (b), except paragraph (1), (2), | ||||||
12 | or (5), each State agency shall post to the appropriate | ||||||
13 | procurement bulletin the name of the contractor, a description | ||||||
14 | of the supply or service provided, the total amount of the | ||||||
15 | contract, the term of the contract, and the exception to the | ||||||
16 | Code utilized. The chief procurement officer shall submit a | ||||||
17 | report to the Governor and General Assembly no later than | ||||||
18 | November 1 of each year that shall include, at a minimum, an | ||||||
19 | annual summary of the monthly information reported to the | ||||||
20 | chief procurement officer. | ||||||
21 | (c) This Code does not apply to the electric power | ||||||
22 | procurement process provided for under Section 1-75 of the | ||||||
23 | Illinois Power Agency Act and Section 16-111.5 of the Public | ||||||
24 | Utilities Act. | ||||||
25 | (d) Except for Section 20-160 and Article 50 of this Code, | ||||||
26 | and as expressly required by Section 9.1 of the Illinois |
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1 | Lottery Law, the provisions of this Code do not apply to the | ||||||
2 | procurement process provided for under Section 9.1 of the | ||||||
3 | Illinois Lottery Law. | ||||||
4 | (e) This Code does not apply to the process used by the | ||||||
5 | Capital Development Board to retain a person or entity to | ||||||
6 | assist the Capital Development Board with its duties related | ||||||
7 | to the determination of costs of a clean coal SNG brownfield | ||||||
8 | facility, as defined by Section 1-10 of the Illinois Power | ||||||
9 | Agency Act, as required in subsection (h-3) of Section 9-220 | ||||||
10 | of the Public Utilities Act, including calculating the range | ||||||
11 | of capital costs, the range of operating and maintenance | ||||||
12 | costs, or the sequestration costs or monitoring the | ||||||
13 | construction of clean coal SNG brownfield facility for the | ||||||
14 | full duration of construction. | ||||||
15 | (f) (Blank). | ||||||
16 | (g) (Blank). | ||||||
17 | (h) This Code does not apply to the process to procure or | ||||||
18 | contracts entered into in accordance with Sections 11-5.2 and | ||||||
19 | 11-5.3 of the Illinois Public Aid Code. | ||||||
20 | (i) Each chief procurement officer may access records | ||||||
21 | necessary to review whether a contract, purchase, or other | ||||||
22 | expenditure is or is not subject to the provisions of this | ||||||
23 | Code, unless such records would be subject to attorney-client | ||||||
24 | privilege. | ||||||
25 | (j) This Code does not apply to the process used by the | ||||||
26 | Capital Development Board to retain an artist or work or works |
| |||||||
| |||||||
1 | of art as required in Section 14 of the Capital Development | ||||||
2 | Board Act. | ||||||
3 | (k) This Code does not apply to the process to procure | ||||||
4 | contracts, or contracts entered into, by the State Board of | ||||||
5 | Elections or the State Electoral Board for hearing officers | ||||||
6 | appointed pursuant to the Election Code. | ||||||
7 | (l) This Code does not apply to the processes used by the | ||||||
8 | Illinois Student Assistance Commission to procure supplies and | ||||||
9 | services paid for from the private funds of the Illinois | ||||||
10 | Prepaid Tuition Fund. As used in this subsection (l), "private | ||||||
11 | funds" means funds derived from deposits paid into the | ||||||
12 | Illinois Prepaid Tuition Trust Fund and the earnings thereon. | ||||||
13 | (m) This Code shall apply regardless of the source of | ||||||
14 | funds with which contracts are paid, including federal | ||||||
15 | assistance moneys. Except as specifically provided in this | ||||||
16 | Code, this Code shall not apply to procurement expenditures | ||||||
17 | necessary for the Department of Public Health to conduct the | ||||||
18 | Healthy Illinois Survey in accordance with Section 2310-431 of | ||||||
19 | the Department of Public Health Powers and Duties Law of the | ||||||
20 | Civil Administrative Code of Illinois. | ||||||
21 | (Source: P.A. 101-27, eff. 6-25-19; 101-81, eff. 7-12-19; | ||||||
22 | 101-363, eff. 8-9-19; 102-175, eff. 7-29-21; 102-483, eff | ||||||
23 | 1-1-22; 102-558, eff. 8-20-21; 102-600, eff. 8-27-21; 102-662, | ||||||
24 | eff. 9-15-21; 102-721, eff. 1-1-23; 102-813, eff. 5-13-22 .)
| ||||||
25 | Section 15. The Firearm Owners Identification Card Act is |
| |||||||
| |||||||
1 | amended by changing Sections 2, 4, and 8 and by adding Section | ||||||
2 | 4.1 as follows:
| ||||||
3 | (430 ILCS 65/2) (from Ch. 38, par. 83-2)
| ||||||
4 | Sec. 2. Firearm Owner's Identification Card required; | ||||||
5 | exceptions.
| ||||||
6 | (a) (1) No person may acquire or possess any firearm, stun | ||||||
7 | gun, or taser within this State
without having in his or her | ||||||
8 | possession a Firearm Owner's Identification Card
previously | ||||||
9 | issued in his or her name by the Illinois State Police under
| ||||||
10 | the provisions of this Act.
| ||||||
11 | (2) No person may acquire or possess firearm ammunition | ||||||
12 | within this
State without having in his or her possession a | ||||||
13 | Firearm Owner's Identification
Card previously issued in his | ||||||
14 | or her name by the Illinois State Police
under the provisions | ||||||
15 | of this Act.
| ||||||
16 | (b) The provisions of this Section regarding the | ||||||
17 | possession of firearms, firearm ammunition, stun guns, and | ||||||
18 | tasers do not apply to:
| ||||||
19 | (1) United States Marshals, while engaged in the | ||||||
20 | operation of their
official duties;
| ||||||
21 | (2) Members of the Armed Forces of the United States | ||||||
22 | or the National
Guard, while engaged in the operation of | ||||||
23 | their official duties;
| ||||||
24 | (3) Federal officials required to carry firearms, | ||||||
25 | while engaged in the
operation of their official duties;
|
| |||||||
| |||||||
1 | (4) Members of bona fide veterans organizations which | ||||||
2 | receive firearms
directly from the armed forces of the | ||||||
3 | United States, while using the
firearms for ceremonial | ||||||
4 | purposes with blank ammunition;
| ||||||
5 | (5) Nonresident hunters during hunting season, with | ||||||
6 | valid nonresident
hunting licenses and while in an area | ||||||
7 | where hunting is permitted; however,
at all other times | ||||||
8 | and in all other places these persons must have their
| ||||||
9 | firearms unloaded and enclosed in a case;
| ||||||
10 | (6) Those hunters exempt from obtaining a hunting | ||||||
11 | license who are
required to submit their Firearm Owner's | ||||||
12 | Identification Card when hunting
on Department of Natural | ||||||
13 | Resources owned or managed sites;
| ||||||
14 | (7) Nonresidents while on a firing or shooting range | ||||||
15 | recognized by the
Illinois State Police; however, these | ||||||
16 | persons must at all other times
and in all other places | ||||||
17 | have their firearms unloaded and enclosed in a case;
| ||||||
18 | (8) Nonresidents while at a firearm showing or display | ||||||
19 | recognized by
the Illinois State Police; however, at all | ||||||
20 | other times and in all
other places these persons must | ||||||
21 | have their firearms unloaded and enclosed
in a case;
| ||||||
22 | (9) Nonresidents whose firearms are unloaded and | ||||||
23 | enclosed in a case;
| ||||||
24 | (10) Nonresidents who are currently licensed or | ||||||
25 | registered to possess a
firearm in their resident state;
| ||||||
26 | (11) Unemancipated minors while in the custody and |
| |||||||
| |||||||
1 | immediate control of
their parent or legal guardian or | ||||||
2 | other person in loco parentis to the
minor if the parent or | ||||||
3 | legal guardian or other person in loco parentis to
the | ||||||
4 | minor has a currently valid Firearm Owner's Identification
| ||||||
5 | Card;
| ||||||
6 | (12) Color guards of bona fide veterans organizations | ||||||
7 | or members of bona
fide American Legion bands while using | ||||||
8 | firearms for ceremonial purposes
with blank ammunition;
| ||||||
9 | (13) Nonresident hunters whose state of residence does | ||||||
10 | not require
them to be licensed or registered to possess a | ||||||
11 | firearm and only during
hunting season, with valid hunting | ||||||
12 | licenses, while accompanied by, and
using a firearm owned | ||||||
13 | by, a person who possesses a valid Firearm Owner's
| ||||||
14 | Identification Card and while in an area within a | ||||||
15 | commercial club licensed
under the Wildlife Code where | ||||||
16 | hunting is permitted and controlled, but in
no instance | ||||||
17 | upon sites owned or managed by the Department of Natural
| ||||||
18 | Resources;
| ||||||
19 | (14) Resident hunters who are properly authorized to | ||||||
20 | hunt and,
while accompanied by a person who possesses a | ||||||
21 | valid Firearm Owner's
Identification Card, hunt in an area | ||||||
22 | within a commercial club licensed
under the Wildlife Code | ||||||
23 | where hunting is permitted and controlled; and
| ||||||
24 | (15) A person who is otherwise eligible to obtain a | ||||||
25 | Firearm Owner's
Identification Card under this Act and is | ||||||
26 | under the direct supervision of a
holder of a Firearm
|
| |||||||
| |||||||
1 | Owner's Identification Card who is 21 years of age or | ||||||
2 | older while the person is
on a firing or shooting range
or | ||||||
3 | is a
participant in a firearms safety and training course | ||||||
4 | recognized by a law
enforcement agency or a national, | ||||||
5 | statewide shooting sports organization ; and
| ||||||
6 | (16) Competitive shooting athletes whose competition | ||||||
7 | firearms are sanctioned by the International Olympic | ||||||
8 | Committee, the International Paralympic Committee, the | ||||||
9 | International Shooting Sport Federation, or USA Shooting | ||||||
10 | in connection with such athletes' training for and | ||||||
11 | participation in shooting competitions at the 2016 Olympic | ||||||
12 | and Paralympic Games and sanctioned test events leading up | ||||||
13 | to the 2016 Olympic and Paralympic Games . | ||||||
14 | (c) The provisions of this Section regarding the | ||||||
15 | acquisition and possession
of firearms, firearm ammunition, | ||||||
16 | stun guns, and tasers do not apply to law enforcement | ||||||
17 | officials
of this or any other jurisdiction, while engaged in | ||||||
18 | the operation of their
official duties.
| ||||||
19 | (c-5) The provisions of paragraphs (1) and (2) of | ||||||
20 | subsection (a) of this Section regarding the possession of | ||||||
21 | firearms
and firearm ammunition do not apply to the holder of a | ||||||
22 | valid concealed carry
license issued under the Firearm | ||||||
23 | Concealed Carry Act who is in physical
possession of the | ||||||
24 | concealed carry license. | ||||||
25 | (d) Any person who becomes a resident of this State, who is | ||||||
26 | not otherwise prohibited from obtaining, possessing, or using |
| |||||||
| |||||||
1 | a firearm or firearm ammunition, shall not be required to have | ||||||
2 | a Firearm Owner's Identification Card to possess firearms or | ||||||
3 | firearms ammunition until 60 calendar days after he or she | ||||||
4 | obtains an Illinois driver's license or Illinois | ||||||
5 | Identification Card. | ||||||
6 | (Source: P.A. 102-538, eff. 8-20-21.)
| ||||||
7 | (430 ILCS 65/4) (from Ch. 38, par. 83-4)
| ||||||
8 | Sec. 4. Application for Firearm Owner's Identification | ||||||
9 | Cards. | ||||||
10 | (a) Each applicant for a Firearm Owner's Identification | ||||||
11 | Card must:
| ||||||
12 | (1) Submit an application as made available by the | ||||||
13 | Illinois State Police; and
| ||||||
14 | (2) Submit evidence to the Illinois State Police that:
| ||||||
15 | (i) This subparagraph (i) applies through the | ||||||
16 | 180th day following July 12, 2019 (the effective date | ||||||
17 | of Public Act 101-80). He or she is 21 years of age or | ||||||
18 | over, or if he or she is under 21
years of age that he | ||||||
19 | or she has the written consent of his or her parent or
| ||||||
20 | legal guardian to possess and acquire firearms and | ||||||
21 | firearm ammunition and that
he or she has never been | ||||||
22 | convicted of a misdemeanor other than a traffic
| ||||||
23 | offense or adjudged
delinquent, provided, however, | ||||||
24 | that such parent or legal guardian is not an
| ||||||
25 | individual prohibited from having a Firearm Owner's |
| |||||||
| |||||||
1 | Identification Card and
files an affidavit with the | ||||||
2 | Department as prescribed by the Department
stating | ||||||
3 | that he or she is not an individual prohibited from | ||||||
4 | having a Card; | ||||||
5 | (i-5) This subparagraph (i-5) applies on and after | ||||||
6 | the 181st day following July 12, 2019 (the effective | ||||||
7 | date of Public Act 101-80). He or she is 21 years of | ||||||
8 | age or over, or if he or she is under 21
years of age | ||||||
9 | that he or she has never been convicted of a | ||||||
10 | misdemeanor other than a traffic offense or adjudged | ||||||
11 | delinquent and is an active duty member of the United | ||||||
12 | States Armed Forces or the Illinois National Guard or | ||||||
13 | has the written consent of his or her parent or
legal | ||||||
14 | guardian to possess and acquire firearms and firearm | ||||||
15 | ammunition, provided, however, that such parent or | ||||||
16 | legal guardian is not an
individual prohibited from | ||||||
17 | having a Firearm Owner's Identification Card and
files | ||||||
18 | an affidavit with the Illinois State Police as | ||||||
19 | prescribed by the Illinois State Police
stating that | ||||||
20 | he or she is not an individual prohibited from having a | ||||||
21 | Card or the active duty member of the United States | ||||||
22 | Armed Forces or the Illinois National Guard under 21 | ||||||
23 | years of age annually submits proof to the Illinois | ||||||
24 | State Police, in a manner prescribed by the Illinois | ||||||
25 | State Police;
| ||||||
26 | (ii) He or she has not been convicted of a felony |
| |||||||
| |||||||
1 | under the laws of
this or any other jurisdiction;
| ||||||
2 | (iii) He or she is not addicted to narcotics;
| ||||||
3 | (iv) He or she has not been a patient in a mental | ||||||
4 | health facility within
the past 5 years or, if he or | ||||||
5 | she has been a patient in a mental health facility more | ||||||
6 | than 5 years ago submit the certification required | ||||||
7 | under subsection (u) of Section 8 of this Act;
| ||||||
8 | (v) He or she is not a person with an intellectual | ||||||
9 | disability;
| ||||||
10 | (vi) He or she is not a noncitizen who is | ||||||
11 | unlawfully present in the
United States under the laws | ||||||
12 | of the United States;
| ||||||
13 | (vii) He or she is not subject to an existing order | ||||||
14 | of protection
prohibiting him or her from possessing a | ||||||
15 | firearm;
| ||||||
16 | (viii) He or she has not been convicted within the | ||||||
17 | past 5 years of
battery, assault, aggravated assault, | ||||||
18 | violation of an order of
protection, or a | ||||||
19 | substantially similar offense in another jurisdiction, | ||||||
20 | in
which a firearm was used or possessed;
| ||||||
21 | (ix) He or she has not been convicted of domestic | ||||||
22 | battery, aggravated domestic battery, or a
| ||||||
23 | substantially similar offense in another
jurisdiction | ||||||
24 | committed before, on or after January 1, 2012 (the | ||||||
25 | effective date of Public Act 97-158). If the applicant | ||||||
26 | knowingly and intelligently waives the right to have |
| |||||||
| |||||||
1 | an offense described in this clause (ix) tried by a | ||||||
2 | jury, and by guilty plea or otherwise, results in a | ||||||
3 | conviction for an offense in which a domestic | ||||||
4 | relationship is not a required element of the offense | ||||||
5 | but in which a determination of the applicability of | ||||||
6 | 18 U.S.C. 922(g)(9) is made under Section 112A-11.1 of | ||||||
7 | the Code of Criminal Procedure of 1963, an entry by the | ||||||
8 | court of a judgment of conviction for that offense | ||||||
9 | shall be grounds for denying the issuance of a Firearm | ||||||
10 | Owner's Identification Card under this Section;
| ||||||
11 | (x) (Blank);
| ||||||
12 | (xi) He or she is not a noncitizen who has been | ||||||
13 | admitted to the United
States under a non-immigrant | ||||||
14 | visa (as that term is defined in Section
101(a)(26) of | ||||||
15 | the Immigration and Nationality Act (8 U.S.C. | ||||||
16 | 1101(a)(26))),
or that he or she is a noncitizen who | ||||||
17 | has been lawfully admitted to the United
States under | ||||||
18 | a non-immigrant visa if that noncitizen is:
| ||||||
19 | (1) admitted to the United States for lawful | ||||||
20 | hunting or sporting
purposes;
| ||||||
21 | (2) an official representative of a foreign | ||||||
22 | government who is:
| ||||||
23 | (A) accredited to the United States | ||||||
24 | Government or the Government's
mission to an | ||||||
25 | international organization having its | ||||||
26 | headquarters in the United
States; or
|
| |||||||
| |||||||
1 | (B) en route to or from another country to | ||||||
2 | which that noncitizen is
accredited;
| ||||||
3 | (3) an official of a foreign government or | ||||||
4 | distinguished foreign
visitor who has been so | ||||||
5 | designated by the Department of State;
| ||||||
6 | (4) a foreign law enforcement officer of a | ||||||
7 | friendly foreign
government entering the United | ||||||
8 | States on official business; or
| ||||||
9 | (5) one who has received a waiver from the | ||||||
10 | Attorney General of the
United States pursuant to | ||||||
11 | 18 U.S.C. 922(y)(3);
| ||||||
12 | (xii) He or she is not a minor subject to a | ||||||
13 | petition filed
under Section 5-520 of the Juvenile | ||||||
14 | Court Act of 1987 alleging that the
minor is a | ||||||
15 | delinquent minor for the commission of an offense that | ||||||
16 | if
committed by an adult would be a felony;
| ||||||
17 | (xiii) He or she is not an adult who had been | ||||||
18 | adjudicated a delinquent
minor under the Juvenile | ||||||
19 | Court Act of 1987 for the commission of an offense
that | ||||||
20 | if committed by an adult would be a felony;
| ||||||
21 | (xiv) He or she is a resident of the State of | ||||||
22 | Illinois; | ||||||
23 | (xv) He or she has not been adjudicated as a person | ||||||
24 | with a mental disability; | ||||||
25 | (xvi) He or she has not been involuntarily | ||||||
26 | admitted into a mental health facility; and |
| |||||||
| |||||||
1 | (xvii) He or she is not a person with a | ||||||
2 | developmental disability; and | ||||||
3 | (3) Upon request by the Illinois State Police, sign a | ||||||
4 | release on a
form prescribed by the Illinois State Police | ||||||
5 | waiving any right to
confidentiality and requesting the | ||||||
6 | disclosure to the Illinois State Police
of limited mental | ||||||
7 | health institution admission information from another | ||||||
8 | state,
the District of Columbia, any other territory of | ||||||
9 | the United States, or a
foreign nation concerning the | ||||||
10 | applicant for the sole purpose of determining
whether the | ||||||
11 | applicant is or was a patient in a mental health | ||||||
12 | institution and
disqualified because of that status from | ||||||
13 | receiving a Firearm Owner's
Identification Card. No mental | ||||||
14 | health care or treatment records may be
requested. The | ||||||
15 | information received shall be destroyed within one year of
| ||||||
16 | receipt.
| ||||||
17 | (a-5) Each applicant for a Firearm Owner's Identification | ||||||
18 | Card who is over
the age of 18 shall furnish to the Illinois | ||||||
19 | State Police either his or
her Illinois driver's license | ||||||
20 | number or Illinois Identification Card number, except as
| ||||||
21 | provided in subsection (a-10).
| ||||||
22 | (a-10) Each applicant for a Firearm Owner's Identification | ||||||
23 | Card,
who is employed as a law enforcement officer, an armed | ||||||
24 | security officer in Illinois, or by the United States Military
| ||||||
25 | permanently assigned in Illinois and who is not an Illinois | ||||||
26 | resident, shall furnish to
the Illinois State Police his or |
| |||||||
| |||||||
1 | her driver's license number or state
identification card | ||||||
2 | number from his or her state of residence. The Illinois State | ||||||
3 | Police may adopt rules to enforce the provisions of this
| ||||||
4 | subsection (a-10).
| ||||||
5 | (a-15) If an applicant applying for a Firearm Owner's | ||||||
6 | Identification Card moves from the residence address named in | ||||||
7 | the application, he or she shall immediately notify in a form | ||||||
8 | and manner prescribed by the Illinois State Police of that | ||||||
9 | change of address. | ||||||
10 | (a-20) Each applicant for a Firearm Owner's Identification | ||||||
11 | Card shall furnish to the Illinois State Police his or her | ||||||
12 | photograph. An applicant who is 21 years of age or older | ||||||
13 | seeking a religious exemption to the photograph requirement | ||||||
14 | must furnish with the application an approved copy of United | ||||||
15 | States Department of the Treasury Internal Revenue Service | ||||||
16 | Form 4029. In lieu of a photograph, an applicant regardless of | ||||||
17 | age seeking a religious exemption to the photograph | ||||||
18 | requirement shall submit fingerprints on a form and manner | ||||||
19 | prescribed by the Illinois State Police with his or her | ||||||
20 | application. | ||||||
21 | (a-25) Beginning January 1, 2023, each applicant for the | ||||||
22 | issuance of a Firearm Owner's Identification Card may include | ||||||
23 | a full set of his or her fingerprints in electronic format to | ||||||
24 | the Illinois State Police, unless the applicant has previously | ||||||
25 | provided a full set of his or her fingerprints to the Illinois | ||||||
26 | State Police under this Act or the Firearm Concealed Carry |
| |||||||
| |||||||
1 | Act. | ||||||
2 | The fingerprints must be transmitted through a live scan | ||||||
3 | fingerprint vendor licensed by the Department of Financial and | ||||||
4 | Professional Regulation. The fingerprints shall be checked | ||||||
5 | against the fingerprint records now and hereafter filed in the | ||||||
6 | Illinois State Police and Federal Bureau of Investigation | ||||||
7 | criminal history records databases, including all available | ||||||
8 | State and local criminal history record information files. | ||||||
9 | The Illinois State Police shall charge applicants a | ||||||
10 | one-time fee for conducting the criminal history record check, | ||||||
11 | which shall be deposited into the State Police Services Fund | ||||||
12 | and shall not exceed the actual cost of the State and national | ||||||
13 | criminal history record check. | ||||||
14 | (a-26) The Illinois State Police shall research, explore, | ||||||
15 | and report to the General Assembly by January 1, 2022 on the | ||||||
16 | feasibility of permitting voluntarily submitted fingerprints | ||||||
17 | obtained for purposes other than Firearm Owner's | ||||||
18 | Identification Card enforcement that are contained in the | ||||||
19 | Illinois State Police database for purposes of this Act. | ||||||
20 | (b) Each application form shall include the following | ||||||
21 | statement printed in
bold type: "Warning: Entering false | ||||||
22 | information on an application for a Firearm
Owner's | ||||||
23 | Identification Card is punishable as a Class 2 felony in | ||||||
24 | accordance
with subsection (d-5) of Section 14 of the Firearm | ||||||
25 | Owners Identification Card
Act.".
| ||||||
26 | (c) Upon such written consent, pursuant to Section 4, |
| |||||||
| |||||||
1 | paragraph (a)(2)(i),
the parent or legal guardian giving the | ||||||
2 | consent shall be liable for any
damages resulting from the | ||||||
3 | applicant's use of firearms or firearm ammunition.
| ||||||
4 | (Source: P.A. 101-80, eff. 7-12-19; 102-237, eff. 1-1-22; | ||||||
5 | 102-538, eff. 8-20-21; 102-813, eff. 5-13-22; 102-1030, eff. | ||||||
6 | 5-27-22.)
| ||||||
7 | (430 ILCS 65/4.1 new) | ||||||
8 | Sec. 4.1. Assault weapon or .50 caliber rifle endorsement. | ||||||
9 | (a) The endorsement affidavit form completed pursuant to | ||||||
10 | Section 24-1.9 of the Criminal Code of 2012 must be executed | ||||||
11 | electronically through the individual's Firearm Owner's | ||||||
12 | Identification Card account. | ||||||
13 | (b) The Illinois State Police shall adopt rules in | ||||||
14 | accordance with this Section for the electronic submission of | ||||||
15 | an endorsement affidavit. | ||||||
16 | (c) Entering false information on the endorsement | ||||||
17 | affidavit form is a violation of this Act and is also | ||||||
18 | punishable as perjury under Section 32-2 of the Criminal Code | ||||||
19 | of 2012.
| ||||||
20 | (430 ILCS 65/8) (from Ch. 38, par. 83-8)
| ||||||
21 | Sec. 8. Grounds for denial and revocation. The Illinois | ||||||
22 | State Police has authority to deny an
application for or to | ||||||
23 | revoke and seize a Firearm Owner's Identification
Card | ||||||
24 | previously issued under this Act only if the Illinois State |
| |||||||
| |||||||
1 | Police finds that the
applicant or the person to whom such card | ||||||
2 | was issued is or was at the time
of issuance:
| ||||||
3 | (a) A person under 21 years of age who has been | ||||||
4 | convicted of a
misdemeanor other than a traffic offense or | ||||||
5 | adjudged delinquent;
| ||||||
6 | (b) This subsection (b) applies through the 180th day | ||||||
7 | following July 12, 2019 (the effective date of Public Act | ||||||
8 | 101-80). A person under 21 years of age who does not have | ||||||
9 | the written consent
of his parent or guardian to acquire | ||||||
10 | and possess firearms and firearm
ammunition, or whose | ||||||
11 | parent or guardian has revoked such written consent,
or | ||||||
12 | where such parent or guardian does not qualify to have a | ||||||
13 | Firearm Owner's
Identification Card; | ||||||
14 | (b-5) This subsection (b-5) applies on and after the | ||||||
15 | 181st day following July 12, 2019 (the effective date of | ||||||
16 | Public Act 101-80). A person under 21 years of age who is | ||||||
17 | not an active duty member of the United States Armed | ||||||
18 | Forces or the Illinois National Guard and does not have | ||||||
19 | the written consent
of his or her parent or guardian to | ||||||
20 | acquire and possess firearms and firearm
ammunition, or | ||||||
21 | whose parent or guardian has revoked such written consent,
| ||||||
22 | or where such parent or guardian does not qualify to have a | ||||||
23 | Firearm Owner's
Identification Card;
| ||||||
24 | (c) A person convicted of a felony under the laws of | ||||||
25 | this or any other
jurisdiction;
| ||||||
26 | (d) A person addicted to narcotics;
|
| |||||||
| |||||||
1 | (e) A person who has been a patient of a mental health | ||||||
2 | facility within the
past 5 years or a person who has been a | ||||||
3 | patient in a mental health facility more than 5 years ago | ||||||
4 | who has not received the certification required under | ||||||
5 | subsection (u) of this Section. An active law enforcement | ||||||
6 | officer employed by a unit of government or a Department | ||||||
7 | of Corrections employee authorized to possess firearms who | ||||||
8 | is denied, revoked, or has his or her Firearm Owner's | ||||||
9 | Identification Card seized under this subsection (e) may | ||||||
10 | obtain relief as described in subsection (c-5) of Section | ||||||
11 | 10 of this Act if the officer or employee did not act in a | ||||||
12 | manner threatening to the officer or employee, another | ||||||
13 | person, or the public as determined by the treating | ||||||
14 | clinical psychologist or physician, and the officer or | ||||||
15 | employee seeks mental health treatment;
| ||||||
16 | (f) A person whose mental condition is of such a | ||||||
17 | nature that it poses
a clear and present danger to the | ||||||
18 | applicant, any other person or persons, or
the community;
| ||||||
19 | (g) A person who has an intellectual disability;
| ||||||
20 | (h) A person who intentionally makes a false statement | ||||||
21 | in the Firearm
Owner's Identification Card application or | ||||||
22 | endorsement affidavit ;
| ||||||
23 | (i) A noncitizen who is unlawfully present in
the | ||||||
24 | United States under the laws of the United States;
| ||||||
25 | (i-5) A noncitizen who has been admitted to the United | ||||||
26 | States under a
non-immigrant visa (as that term is defined |
| |||||||
| |||||||
1 | in Section 101(a)(26) of the
Immigration and Nationality | ||||||
2 | Act (8 U.S.C. 1101(a)(26))), except that this
subsection | ||||||
3 | (i-5) does not apply to any noncitizen who has been | ||||||
4 | lawfully admitted to
the United States under a | ||||||
5 | non-immigrant visa if that noncitizen is:
| ||||||
6 | (1) admitted to the United States for lawful | ||||||
7 | hunting or sporting purposes;
| ||||||
8 | (2) an official representative of a foreign | ||||||
9 | government who is:
| ||||||
10 | (A) accredited to the United States Government | ||||||
11 | or the Government's
mission to an international | ||||||
12 | organization having its headquarters in the United
| ||||||
13 | States; or
| ||||||
14 | (B) en route to or from another country to | ||||||
15 | which that noncitizen is
accredited;
| ||||||
16 | (3) an official of a foreign government or | ||||||
17 | distinguished foreign visitor
who has been so | ||||||
18 | designated by the Department of State;
| ||||||
19 | (4) a foreign law enforcement officer of a | ||||||
20 | friendly foreign government
entering the United States | ||||||
21 | on official business; or
| ||||||
22 | (5) one who has received a waiver from the | ||||||
23 | Attorney General of the United
States pursuant to 18 | ||||||
24 | U.S.C. 922(y)(3);
| ||||||
25 | (j) (Blank);
| ||||||
26 | (k) A person who has been convicted within the past 5 |
| |||||||
| |||||||
1 | years of battery,
assault, aggravated assault, violation | ||||||
2 | of an order of protection, or a
substantially similar | ||||||
3 | offense in another jurisdiction, in which a firearm was
| ||||||
4 | used or possessed;
| ||||||
5 | (l) A person who has been convicted of domestic | ||||||
6 | battery, aggravated domestic battery, or a substantially
| ||||||
7 | similar offense in another jurisdiction committed before, | ||||||
8 | on or after January 1, 2012 (the effective date of Public | ||||||
9 | Act 97-158). If the applicant or person who has been | ||||||
10 | previously issued a Firearm Owner's Identification Card | ||||||
11 | under this Act knowingly and intelligently waives the | ||||||
12 | right to have an offense described in this paragraph (l) | ||||||
13 | tried by a jury, and by guilty plea or otherwise, results | ||||||
14 | in a conviction for an offense in which a domestic | ||||||
15 | relationship is not a required element of the offense but | ||||||
16 | in which a determination of the applicability of 18 U.S.C. | ||||||
17 | 922(g)(9) is made under Section 112A-11.1 of the Code of | ||||||
18 | Criminal Procedure of 1963, an entry by the court of a | ||||||
19 | judgment of conviction for that offense shall be grounds | ||||||
20 | for denying an application for and for revoking and | ||||||
21 | seizing a Firearm Owner's Identification Card previously | ||||||
22 | issued to the person under this Act;
| ||||||
23 | (m) (Blank);
| ||||||
24 | (n) A person who is prohibited from acquiring or | ||||||
25 | possessing
firearms or firearm ammunition by any Illinois | ||||||
26 | State statute or by federal
law;
|
| |||||||
| |||||||
1 | (o) A minor subject to a petition filed under Section | ||||||
2 | 5-520 of the
Juvenile Court Act of 1987 alleging that the | ||||||
3 | minor is a delinquent minor for
the commission of an | ||||||
4 | offense that if committed by an adult would be a felony;
| ||||||
5 | (p) An adult who had been adjudicated a delinquent | ||||||
6 | minor under the Juvenile
Court Act of 1987 for the | ||||||
7 | commission of an offense that if committed by an
adult | ||||||
8 | would be a felony;
| ||||||
9 | (q) A person who is not a resident of the State of | ||||||
10 | Illinois, except as provided in subsection (a-10) of | ||||||
11 | Section 4; | ||||||
12 | (r) A person who has been adjudicated as a person with | ||||||
13 | a mental disability; | ||||||
14 | (s) A person who has been found to have a | ||||||
15 | developmental disability; | ||||||
16 | (t) A person involuntarily admitted into a mental | ||||||
17 | health facility; or | ||||||
18 | (u) A person who has had his or her Firearm Owner's | ||||||
19 | Identification Card revoked or denied under subsection (e) | ||||||
20 | of this Section or item (iv) of paragraph (2) of | ||||||
21 | subsection (a) of Section 4 of this Act because he or she | ||||||
22 | was a patient in a mental health facility as provided in | ||||||
23 | subsection (e) of this Section, shall not be permitted to | ||||||
24 | obtain a Firearm Owner's Identification Card, after the | ||||||
25 | 5-year period has lapsed, unless he or she has received a | ||||||
26 | mental health evaluation by a physician, clinical |
| |||||||
| |||||||
1 | psychologist, or qualified examiner as those terms are | ||||||
2 | defined in the Mental Health and Developmental | ||||||
3 | Disabilities Code, and has received a certification that | ||||||
4 | he or she is not a clear and present danger to himself, | ||||||
5 | herself, or others. The physician, clinical psychologist, | ||||||
6 | or qualified examiner making the certification and his or | ||||||
7 | her employer shall not be held criminally, civilly, or | ||||||
8 | professionally liable for making or not making the | ||||||
9 | certification required under this subsection, except for | ||||||
10 | willful or wanton misconduct. This subsection does not | ||||||
11 | apply to a person whose firearm possession rights have | ||||||
12 | been restored through administrative or judicial action | ||||||
13 | under Section 10 or 11 of this Act. | ||||||
14 | Upon revocation of a person's Firearm Owner's | ||||||
15 | Identification Card, the Illinois State Police shall provide | ||||||
16 | notice to the person and the person shall comply with Section | ||||||
17 | 9.5 of this Act. | ||||||
18 | (Source: P.A. 101-80, eff. 7-12-19; 102-538, eff. 8-20-21; | ||||||
19 | 102-645, eff. 1-1-22; 102-813, eff. 5-13-22; 102-1030, eff. | ||||||
20 | 5-27-22.)
| ||||||
21 | Section 20. The Firearms Restraining Order Act is amended | ||||||
22 | by changing Sections 40, 45, and 55 as follows:
| ||||||
23 | (430 ILCS 67/40)
| ||||||
24 | Sec. 40. Plenary Six-month orders.
|
| |||||||
| |||||||
1 | (a) A petitioner may request a 6-month firearms | ||||||
2 | restraining order for up to one year by filing an affidavit or | ||||||
3 | verified pleading alleging that the respondent poses a | ||||||
4 | significant danger of causing personal injury to himself, | ||||||
5 | herself, or another in the near future by having in his or her | ||||||
6 | custody or control, purchasing, possessing, or receiving a | ||||||
7 | firearm, ammunition, and firearm parts that could
be assembled | ||||||
8 | to make an operable firearm. The petition shall also describe | ||||||
9 | the number, types, and locations of any firearms, ammunition, | ||||||
10 | and firearm parts that could
be assembled to make an operable | ||||||
11 | firearm presently believed by the petitioner to be possessed | ||||||
12 | or controlled by the respondent.
The firearms restraining | ||||||
13 | order may be renewed for an additional period of up to one | ||||||
14 | year. | ||||||
15 | (b) If the respondent is alleged to pose a significant | ||||||
16 | danger of causing personal injury to an intimate partner, or | ||||||
17 | an intimate partner is alleged to have been the target of a | ||||||
18 | threat or act of violence by the respondent, the petitioner | ||||||
19 | shall make a good faith effort to provide notice to any and all | ||||||
20 | intimate partners of the respondent. The notice must include | ||||||
21 | the duration of time that the petitioner intends to petition | ||||||
22 | the court for a 6-month firearms restraining order, and, if | ||||||
23 | the petitioner is a law enforcement officer, referral to | ||||||
24 | relevant domestic violence or stalking advocacy or counseling | ||||||
25 | resources, if appropriate. The petitioner shall attest to | ||||||
26 | having provided the notice in the filed affidavit or verified |
| |||||||
| |||||||
1 | pleading. If, after making a good faith effort, the petitioner | ||||||
2 | is unable to provide notice to any or all intimate partners, | ||||||
3 | the affidavit or verified pleading should describe what | ||||||
4 | efforts were made. | ||||||
5 | (c) Every person who files a petition for a plenary | ||||||
6 | 6-month firearms restraining order, knowing the information | ||||||
7 | provided to the court at any hearing or in the affidavit or | ||||||
8 | verified pleading to be false, is guilty of perjury under | ||||||
9 | Section 32-2 of the Criminal Code of 2012.
| ||||||
10 | (d) Upon receipt of a petition for a plenary 6-month | ||||||
11 | firearms restraining order, the court shall order a hearing | ||||||
12 | within 30 days.
| ||||||
13 | (e) In determining whether to issue a firearms restraining | ||||||
14 | order under this Section, the court shall consider evidence | ||||||
15 | including, but not limited to, the following:
| ||||||
16 | (1) The unlawful and reckless use, display, or | ||||||
17 | brandishing of a firearm, ammunition, and firearm parts | ||||||
18 | that could
be assembled to make an operable firearm by the | ||||||
19 | respondent.
| ||||||
20 | (2) The history of use, attempted use, or threatened | ||||||
21 | use of physical force by the respondent against another | ||||||
22 | person.
| ||||||
23 | (3) Any prior arrest of the respondent for a felony | ||||||
24 | offense. | ||||||
25 | (4) Evidence of the abuse of controlled substances or | ||||||
26 | alcohol by the respondent. |
| |||||||
| |||||||
1 | (5) A recent threat of violence or act of violence by | ||||||
2 | the respondent directed toward himself, herself, or | ||||||
3 | another. | ||||||
4 | (6) A violation of an emergency order of protection | ||||||
5 | issued under Section 217 of the Illinois Domestic Violence | ||||||
6 | Act of 1986 or Section 112A-17 of the Code of Criminal | ||||||
7 | Procedure of 1963 or of an order of protection issued | ||||||
8 | under Section 214 of the Illinois Domestic Violence Act of | ||||||
9 | 1986 or Section 112A-14 of the Code of Criminal Procedure | ||||||
10 | of 1963.
| ||||||
11 | (7) A pattern of violent acts or violent threats, | ||||||
12 | including, but not limited to, threats of violence or acts | ||||||
13 | of violence by the respondent directed toward himself, | ||||||
14 | herself, or another. | ||||||
15 | (f) At the hearing, the petitioner shall have the burden | ||||||
16 | of proving, by clear and convincing evidence, that the | ||||||
17 | respondent poses a significant danger of personal injury to | ||||||
18 | himself, herself, or another by having in his or her custody or | ||||||
19 | control, purchasing, possessing, or receiving a firearm, | ||||||
20 | ammunition, and firearm parts that could be assembled to make | ||||||
21 | an operable firearm. | ||||||
22 | (g) If the court finds that there is clear and convincing | ||||||
23 | evidence to issue a plenary firearms restraining order, the | ||||||
24 | court shall issue a firearms restraining order that shall be | ||||||
25 | in effect for up to one year, but not less than 6 months, 6 | ||||||
26 | months subject to renewal under Section 45 of this Act or |
| |||||||
| |||||||
1 | termination under that Section. | ||||||
2 | (g-5) If the court issues a plenary 6-month firearms | ||||||
3 | restraining order, it shall, upon a finding of probable cause | ||||||
4 | that the respondent possesses firearms, ammunition, and | ||||||
5 | firearm parts that could
be assembled to make an operable | ||||||
6 | firearm, issue a search warrant directing a law enforcement | ||||||
7 | agency to seize the respondent's firearms, ammunition, and | ||||||
8 | firearm parts that could
be assembled to make an operable | ||||||
9 | firearm. The court may, as part of that warrant, direct the law | ||||||
10 | enforcement agency to search the respondent's residence and | ||||||
11 | other places where the court finds there is probable cause to | ||||||
12 | believe he or she is likely to possess the firearms, | ||||||
13 | ammunition, and firearm parts that could
be assembled to make | ||||||
14 | an operable firearm. A return of the search warrant shall be | ||||||
15 | filed by the law enforcement agency within 4 days thereafter, | ||||||
16 | setting forth the time, date, and location that the search | ||||||
17 | warrant was executed and what items, if any, were seized. | ||||||
18 | (h) A plenary 6-month firearms restraining order shall | ||||||
19 | require: | ||||||
20 | (1) the respondent to refrain from having in his or | ||||||
21 | her custody or control, purchasing, possessing, or | ||||||
22 | receiving additional firearms, ammunition, and firearm | ||||||
23 | parts that could
be assembled to make an operable firearm | ||||||
24 | for the duration of the order under Section 8.2 of the | ||||||
25 | Firearm Owners Identification Card Act; and | ||||||
26 | (2) the respondent to comply with Section 9.5 of the |
| |||||||
| |||||||
1 | Firearm Owners Identification Card Act and subsection (g) | ||||||
2 | of Section 70 of the Firearm Concealed Carry Act. | ||||||
3 | (i) Except as otherwise provided in subsection (i-5) of | ||||||
4 | this Section, upon expiration of the period of safekeeping, if | ||||||
5 | the firearms, ammunition, and firearm parts that could
be | ||||||
6 | assembled to make an operable firearm or Firearm Owner's | ||||||
7 | Identification Card cannot be returned to the respondent | ||||||
8 | because the respondent cannot be located, fails to respond to | ||||||
9 | requests to retrieve the firearms, ammunition, and firearm | ||||||
10 | parts that could
be assembled to make an operable firearm, or | ||||||
11 | is not lawfully eligible to possess a firearm, ammunition, and | ||||||
12 | firearm parts that could
be assembled to make an operable | ||||||
13 | firearm, upon petition from the local law enforcement agency, | ||||||
14 | the court may order the local law enforcement agency to | ||||||
15 | destroy the firearms, ammunition, and firearm parts that could | ||||||
16 | be assembled to make an operable firearm, use the firearms, | ||||||
17 | ammunition, and firearm parts that could
be assembled to make | ||||||
18 | an operable firearm for training purposes, or use the | ||||||
19 | firearms, ammunition, and firearm parts that could
be | ||||||
20 | assembled to make an operable firearm for any other | ||||||
21 | application as deemed appropriate by the local law enforcement | ||||||
22 | agency. | ||||||
23 | (i-5) A respondent whose Firearm Owner's Identification | ||||||
24 | Card has been revoked or suspended may petition the court, if | ||||||
25 | the petitioner is present in court or has notice of the | ||||||
26 | respondent's petition, to transfer the respondent's firearm, |
| |||||||
| |||||||
1 | ammunition, and firearm parts that could
be assembled to make | ||||||
2 | an operable firearm to a person who is lawfully able to possess | ||||||
3 | the firearm, ammunition, and firearm parts that could
be | ||||||
4 | assembled to make an operable firearm if the person does not | ||||||
5 | reside at the same address as the respondent. Notice of the | ||||||
6 | petition shall be served upon the person protected by the | ||||||
7 | emergency firearms restraining order. While the order is in | ||||||
8 | effect, the transferee who receives the respondent's firearms, | ||||||
9 | ammunition, and firearm parts that could be assembled to make | ||||||
10 | an operable firearm must swear or affirm by affidavit that he | ||||||
11 | or she shall not transfer the firearm, ammunition, and firearm | ||||||
12 | parts that could
be assembled to make an operable firearm to | ||||||
13 | the respondent or to anyone residing in the same residence as | ||||||
14 | the respondent. | ||||||
15 | (i-6) If a person other than the respondent claims title | ||||||
16 | to any firearms, ammunition, and firearm parts that could
be | ||||||
17 | assembled to make an operable firearm surrendered under this | ||||||
18 | Section, he or she may petition the court, if the petitioner is | ||||||
19 | present in court or has notice of the petition, to have the | ||||||
20 | firearm, ammunition, and firearm parts that could be assembled | ||||||
21 | to make an operable firearm returned to him or her. If the | ||||||
22 | court determines that person to be the lawful owner of the | ||||||
23 | firearm, ammunition, and firearm parts that could be assembled | ||||||
24 | to make an operable firearm, the firearm, ammunition, and | ||||||
25 | firearm parts that could
be assembled to make an operable | ||||||
26 | firearm shall be returned to him or her, provided that: |
| |||||||
| |||||||
1 | (1) the firearm,
ammunition, and firearm parts that | ||||||
2 | could be assembled to make
an operable firearm are removed | ||||||
3 | from the respondent's custody, control, or possession and | ||||||
4 | the lawful owner agrees to store the firearm, ammunition, | ||||||
5 | and firearm parts that could
be assembled to make an | ||||||
6 | operable firearm in a manner such that the respondent does | ||||||
7 | not have access to or control of the firearm, ammunition, | ||||||
8 | and firearm parts that could
be assembled to make an | ||||||
9 | operable firearm; and | ||||||
10 | (2) the firearm,
ammunition, and firearm parts that | ||||||
11 | could be assembled to make
an operable firearm are not | ||||||
12 | otherwise unlawfully possessed by the owner. | ||||||
13 | The person petitioning for the return of his or her | ||||||
14 | firearm, ammunition, and firearm parts that could
be assembled | ||||||
15 | to make an operable firearm must swear or affirm by affidavit | ||||||
16 | that he or she: (i) is the lawful owner of the firearm, | ||||||
17 | ammunition, and firearm parts that could be assembled to make | ||||||
18 | an operable firearm; (ii) shall not transfer the firearm, | ||||||
19 | ammunition, and firearm parts that could
be assembled to make | ||||||
20 | an operable firearm to the respondent; and (iii) will store | ||||||
21 | the firearm, ammunition, and firearm parts that could be | ||||||
22 | assembled to make an operable firearm in a manner that the | ||||||
23 | respondent does not have access to or control of the firearm, | ||||||
24 | ammunition, and firearm parts that could
be assembled to make | ||||||
25 | an operable firearm. | ||||||
26 | (j) If the court does not issue a firearms restraining |
| |||||||
| |||||||
1 | order at the hearing, the court shall dissolve any emergency | ||||||
2 | firearms restraining order then in effect. | ||||||
3 | (k) When the court issues a firearms restraining order | ||||||
4 | under this Section, the court shall inform the respondent that | ||||||
5 | he or she is entitled to one hearing during the period of the | ||||||
6 | order to request a termination of the order, under Section 45 | ||||||
7 | of this Act, and shall provide the respondent with a form to | ||||||
8 | request a hearing.
| ||||||
9 | (Source: P.A. 101-81, eff. 7-12-19; 102-237, eff. 1-1-22; | ||||||
10 | 102-345, eff. 6-1-22; 102-538, eff. 8-20-21; 102-813, eff. | ||||||
11 | 5-13-22.)
| ||||||
12 | (430 ILCS 67/45) | ||||||
13 | Sec. 45. Termination and renewal.
| ||||||
14 | (a) A person subject to a firearms restraining order | ||||||
15 | issued under this Act may submit one written request at any | ||||||
16 | time during the effective period of the order for a hearing to | ||||||
17 | terminate the order. | ||||||
18 | (1) The respondent shall have the burden of proving by | ||||||
19 | a preponderance of the evidence that the respondent does | ||||||
20 | not pose a danger of causing personal injury to himself, | ||||||
21 | herself, or another in the near future by having in his or | ||||||
22 | her custody or control, purchasing, possessing, or | ||||||
23 | receiving a firearm, ammunition, and firearm parts that | ||||||
24 | could
be assembled to make an operable firearm. | ||||||
25 | (2) If the court finds after the hearing that the |
| |||||||
| |||||||
1 | respondent has met his or her burden, the court shall | ||||||
2 | terminate the order.
| ||||||
3 | (b) A petitioner may request a renewal of a firearms | ||||||
4 | restraining order at any time within the 3 months before the | ||||||
5 | expiration of a firearms restraining order. | ||||||
6 | (1) A court shall, after notice and a hearing, renew a | ||||||
7 | firearms restraining order issued under this part if the | ||||||
8 | petitioner proves, by clear and convincing evidence, that | ||||||
9 | the respondent continues to pose a danger of causing | ||||||
10 | personal injury to himself, herself, or another in the | ||||||
11 | near future by having in his or her custody or control, | ||||||
12 | purchasing, possessing, or receiving a firearm, | ||||||
13 | ammunition, and firearm parts that could be assembled to | ||||||
14 | make an operable firearm. | ||||||
15 | (2) In determining whether to renew a firearms | ||||||
16 | restraining order issued under this Act, the court shall | ||||||
17 | consider evidence of the facts identified in subsection | ||||||
18 | (e) of Section 40 of this Act and any other evidence of an | ||||||
19 | increased risk for violence. | ||||||
20 | (3) At the hearing, the petitioner shall have the | ||||||
21 | burden of proving by clear and convincing evidence that | ||||||
22 | the respondent continues to pose a danger of causing | ||||||
23 | personal injury to himself, herself, or another in the | ||||||
24 | near future by having in his or her custody or control, | ||||||
25 | purchasing, possessing, or receiving a firearm, | ||||||
26 | ammunition, and firearm parts that could be assembled to |
| |||||||
| |||||||
1 | make an operable firearm. | ||||||
2 | (4) The renewal of a firearms restraining order issued | ||||||
3 | under this Section shall be in effect for up to one year | ||||||
4 | and may be renewed for an additional period of up to one | ||||||
5 | year 6 months , subject to termination by further order of | ||||||
6 | the court at a hearing held under this Section and further | ||||||
7 | renewal by further order of the court under this Section.
| ||||||
8 | (Source: P.A. 101-81, eff. 7-12-19; 102-345, eff. 6-1-22 .)
| ||||||
9 | (430 ILCS 67/55)
| ||||||
10 | Sec. 55. Data maintenance by law enforcement agencies.
| ||||||
11 | (a) All sheriffs shall furnish to the Illinois State | ||||||
12 | Police, daily, in the form and detail the Illinois State | ||||||
13 | Police Department requires, copies of any recorded firearms | ||||||
14 | restraining orders issued by the court, and any foreign orders | ||||||
15 | of protection filed by the clerk of the court, and transmitted | ||||||
16 | to the sheriff by the clerk of the court under Section 50. Each | ||||||
17 | firearms restraining order shall be entered in the Law | ||||||
18 | Enforcement Agencies Data System (LEADS) on the same day it is | ||||||
19 | issued by the court. If an emergency firearms restraining | ||||||
20 | order was issued in accordance with Section 35 of this Act, the | ||||||
21 | order shall be entered in the Law Enforcement Agencies Data | ||||||
22 | System (LEADS) as soon as possible after receipt from the | ||||||
23 | clerk. | ||||||
24 | (b) The Illinois State Police shall maintain a complete | ||||||
25 | and systematic record and index of all valid and recorded |
| |||||||
| |||||||
1 | firearms restraining orders issued or filed under this Act. | ||||||
2 | The data shall be used to inform all dispatchers and law | ||||||
3 | enforcement officers at the scene of a violation of a firearms | ||||||
4 | restraining order of the effective dates and terms of any | ||||||
5 | recorded order of protection.
| ||||||
6 | (c) The data, records, and transmittals required under | ||||||
7 | this Section shall pertain to any valid emergency or plenary | ||||||
8 | 6-month firearms restraining order, whether issued in a civil | ||||||
9 | or criminal proceeding or authorized under the laws of another | ||||||
10 | state, tribe, or United States territory.
| ||||||
11 | (Source: P.A. 101-81, eff. 7-12-19; 102-538, eff. 8-20-21.)
| ||||||
12 | Section 25. The Criminal Code of 2012 is amended by | ||||||
13 | changing Section 24-1 and by adding Sections 24-1.9 and | ||||||
14 | 24-1.10 as follows:
| ||||||
15 | (720 ILCS 5/24-1) (from Ch. 38, par. 24-1)
| ||||||
16 | Sec. 24-1. Unlawful use of weapons.
| ||||||
17 | (a) A person commits the offense of unlawful use of | ||||||
18 | weapons when
he knowingly:
| ||||||
19 | (1) Sells, manufactures, purchases, possesses or | ||||||
20 | carries any bludgeon,
black-jack, slung-shot, sand-club, | ||||||
21 | sand-bag, metal knuckles or other knuckle weapon | ||||||
22 | regardless of its composition, throwing star,
or any | ||||||
23 | knife, commonly referred to as a switchblade knife, which | ||||||
24 | has a
blade that opens automatically by hand pressure |
| |||||||
| |||||||
1 | applied to a button,
spring or other device in the handle | ||||||
2 | of the knife, or a ballistic knife,
which is a device that | ||||||
3 | propels a knifelike blade as a projectile by means
of a | ||||||
4 | coil spring, elastic material or compressed gas; or
| ||||||
5 | (2) Carries or possesses with intent to use the same | ||||||
6 | unlawfully
against another, a dagger, dirk, billy, | ||||||
7 | dangerous knife, razor,
stiletto, broken bottle or other | ||||||
8 | piece of glass, stun gun or taser or
any other dangerous or | ||||||
9 | deadly weapon or instrument of like character; or
| ||||||
10 | (2.5) Carries or possesses with intent to use the same | ||||||
11 | unlawfully against another, any firearm in a church, | ||||||
12 | synagogue, mosque, or other building, structure, or place | ||||||
13 | used for religious worship; or | ||||||
14 | (3) Carries on or about his person or in any vehicle, a | ||||||
15 | tear gas gun
projector or bomb or any object containing | ||||||
16 | noxious liquid gas or
substance, other than an object | ||||||
17 | containing a non-lethal noxious liquid gas
or substance | ||||||
18 | designed solely for personal defense carried by a person | ||||||
19 | 18
years of age or older; or
| ||||||
20 | (4) Carries or possesses in any vehicle or concealed | ||||||
21 | on or about his
person except when on his land or in his | ||||||
22 | own abode, legal dwelling, or fixed place of
business, or | ||||||
23 | on the land or in the legal dwelling of another person as | ||||||
24 | an invitee with that person's permission, any pistol, | ||||||
25 | revolver, stun gun or taser or other firearm, except
that
| ||||||
26 | this subsection (a) (4) does not apply to or affect |
| |||||||
| |||||||
1 | transportation of weapons
that meet one of the following | ||||||
2 | conditions:
| ||||||
3 | (i) are broken down in a non-functioning state; or
| ||||||
4 | (ii) are not immediately accessible; or
| ||||||
5 | (iii) are unloaded and enclosed in a case, firearm | ||||||
6 | carrying box,
shipping box, or other container by a | ||||||
7 | person who has been issued a currently
valid Firearm | ||||||
8 | Owner's
Identification Card; or | ||||||
9 | (iv) are carried or possessed in accordance with | ||||||
10 | the Firearm Concealed Carry Act by a person who has | ||||||
11 | been issued a currently valid license under the | ||||||
12 | Firearm Concealed Carry Act; or
| ||||||
13 | (5) Sets a spring gun; or
| ||||||
14 | (6) Possesses any device or attachment of any kind | ||||||
15 | designed, used or
intended for use in silencing the report | ||||||
16 | of any firearm; or
| ||||||
17 | (7) Sells, manufactures, purchases, possesses or | ||||||
18 | carries:
| ||||||
19 | (i) a machine gun, which shall be defined for the | ||||||
20 | purposes of this
subsection as any weapon,
which | ||||||
21 | shoots, is designed to shoot, or can be readily | ||||||
22 | restored to shoot,
automatically more than one shot | ||||||
23 | without manually reloading by a single
function of the | ||||||
24 | trigger, including the frame or receiver
of any such | ||||||
25 | weapon, or sells, manufactures, purchases, possesses, | ||||||
26 | or
carries any combination of parts designed or |
| |||||||
| |||||||
1 | intended for
use in converting any weapon into a | ||||||
2 | machine gun, or any combination or
parts from which a | ||||||
3 | machine gun can be assembled if such parts are in the
| ||||||
4 | possession or under the control of a person;
| ||||||
5 | (ii) any rifle having one or
more barrels less | ||||||
6 | than 16 inches in length or a shotgun having one or | ||||||
7 | more
barrels less than 18 inches in length or any | ||||||
8 | weapon made from a rifle or
shotgun, whether by | ||||||
9 | alteration, modification, or otherwise, if such a | ||||||
10 | weapon
as modified has an overall length of less than | ||||||
11 | 26 inches; or
| ||||||
12 | (iii) any
bomb, bomb-shell, grenade, bottle or | ||||||
13 | other container containing an
explosive substance of | ||||||
14 | over one-quarter ounce for like purposes, such
as, but | ||||||
15 | not limited to, black powder bombs and Molotov | ||||||
16 | cocktails or
artillery projectiles; or
| ||||||
17 | (8) Carries or possesses any firearm, stun gun or | ||||||
18 | taser or other
deadly weapon in any place which is | ||||||
19 | licensed to sell intoxicating
beverages, or at any public | ||||||
20 | gathering held pursuant to a license issued
by any | ||||||
21 | governmental body or any public gathering at which an | ||||||
22 | admission
is charged, excluding a place where a showing, | ||||||
23 | demonstration or lecture
involving the exhibition of | ||||||
24 | unloaded firearms is conducted.
| ||||||
25 | This subsection (a)(8) does not apply to any auction | ||||||
26 | or raffle of a firearm
held pursuant to
a license or permit |
| |||||||
| |||||||
1 | issued by a governmental body, nor does it apply to | ||||||
2 | persons
engaged
in firearm safety training courses; or
| ||||||
3 | (9) Carries or possesses in a vehicle or on or about | ||||||
4 | his or her person any
pistol, revolver, stun gun or taser | ||||||
5 | or firearm or ballistic knife, when
he or she is hooded, | ||||||
6 | robed or masked in such manner as to conceal his or her | ||||||
7 | identity; or
| ||||||
8 | (10) Carries or possesses on or about his or her | ||||||
9 | person, upon any public street,
alley, or other public | ||||||
10 | lands within the corporate limits of a city, village,
or | ||||||
11 | incorporated town, except when an invitee thereon or | ||||||
12 | therein, for the
purpose of the display of such weapon or | ||||||
13 | the lawful commerce in weapons, or
except when on his land | ||||||
14 | or in his or her own abode, legal dwelling, or fixed place | ||||||
15 | of business, or on the land or in the legal dwelling of | ||||||
16 | another person as an invitee with that person's | ||||||
17 | permission, any
pistol, revolver, stun gun, or taser or | ||||||
18 | other firearm, except that this
subsection (a) (10) does | ||||||
19 | not apply to or affect transportation of weapons that
meet | ||||||
20 | one of the following conditions:
| ||||||
21 | (i) are broken down in a non-functioning state; or
| ||||||
22 | (ii) are not immediately accessible; or
| ||||||
23 | (iii) are unloaded and enclosed in a case, firearm | ||||||
24 | carrying box,
shipping box, or other container by a | ||||||
25 | person who has been issued a currently
valid Firearm | ||||||
26 | Owner's
Identification Card; or
|
| |||||||
| |||||||
1 | (iv) are carried or possessed in accordance with | ||||||
2 | the Firearm Concealed Carry Act by a person who has | ||||||
3 | been issued a currently valid license under the | ||||||
4 | Firearm Concealed Carry Act. | ||||||
5 | A "stun gun or taser", as used in this paragraph (a) | ||||||
6 | means (i) any device
which is powered by electrical | ||||||
7 | charging units, such as, batteries, and
which fires one or | ||||||
8 | several barbs attached to a length of wire and
which, upon | ||||||
9 | hitting a human, can send out a current capable of | ||||||
10 | disrupting
the person's nervous system in such a manner as | ||||||
11 | to render him incapable of
normal functioning or (ii) any | ||||||
12 | device which is powered by electrical
charging units, such | ||||||
13 | as batteries, and which, upon contact with a human or
| ||||||
14 | clothing worn by a human, can send out current capable of | ||||||
15 | disrupting
the person's nervous system in such a manner as | ||||||
16 | to render him incapable
of normal functioning; or
| ||||||
17 | (11) Sells, manufactures, or purchases any explosive | ||||||
18 | bullet. For purposes
of this paragraph (a) "explosive | ||||||
19 | bullet" means the projectile portion of
an ammunition | ||||||
20 | cartridge which contains or carries an explosive charge | ||||||
21 | which
will explode upon contact with the flesh of a human | ||||||
22 | or an animal.
"Cartridge" means a tubular metal case | ||||||
23 | having a projectile affixed at the
front thereof and a cap | ||||||
24 | or primer at the rear end thereof, with the
propellant | ||||||
25 | contained in such tube between the projectile and the cap; | ||||||
26 | or
|
| |||||||
| |||||||
1 | (12) (Blank); or
| ||||||
2 | (13) Carries or possesses on or about his or her | ||||||
3 | person while in a building occupied by a unit of | ||||||
4 | government, a billy club, other weapon of like character, | ||||||
5 | or other instrument of like character intended for use as | ||||||
6 | a weapon. For the purposes of this Section, "billy club" | ||||||
7 | means a short stick or club commonly carried by police | ||||||
8 | officers which is either telescopic or constructed of a | ||||||
9 | solid piece of wood or other man-made material ; or | ||||||
10 | (14) Manufactures, possesses, sells, or offers to | ||||||
11 | sell, purchase, manufacture, import, transfer, or use any | ||||||
12 | device, part, kit, tool, accessory, or combination of | ||||||
13 | parts that is designed to and functions to increase the | ||||||
14 | rate of fire of a semiautomatic firearm above the standard | ||||||
15 | rate of fire for semiautomatic firearms that is not | ||||||
16 | equipped with that device, part, or combination of parts . | ||||||
17 | (b) Sentence. A person convicted of a violation of | ||||||
18 | subsection 24-1(a)(1)
through (5), subsection 24-1(a)(10),
| ||||||
19 | subsection 24-1(a)(11), or subsection 24-1(a)(13) commits a | ||||||
20 | Class A
misdemeanor.
A person convicted of a violation of | ||||||
21 | subsection
24-1(a)(8) or 24-1(a)(9) commits a
Class 4 felony; | ||||||
22 | a person
convicted of a violation of subsection 24-1(a)(6) or | ||||||
23 | 24-1(a)(7)(ii) or (iii)
commits a Class 3 felony. A person | ||||||
24 | convicted of a violation of subsection
24-1(a)(7)(i) commits a | ||||||
25 | Class 2 felony and shall be sentenced to a term of imprisonment | ||||||
26 | of not less than 3 years and not more than 7 years, unless the |
| |||||||
| |||||||
1 | weapon is possessed in the
passenger compartment of a motor | ||||||
2 | vehicle as defined in Section 1-146 of the
Illinois Vehicle | ||||||
3 | Code, or on the person, while the weapon is loaded, in which
| ||||||
4 | case it shall be a Class X felony. A person convicted of a
| ||||||
5 | second or subsequent violation of subsection 24-1(a)(4), | ||||||
6 | 24-1(a)(8),
24-1(a)(9), or
24-1(a)(10) commits a Class 3 | ||||||
7 | felony. A person convicted of a violation of subsection | ||||||
8 | 24-1(a)(2.5) or 24-1(a)(14) commits a Class 2 felony. The | ||||||
9 | possession of each weapon or device in violation of this | ||||||
10 | Section constitutes a single and separate violation.
| ||||||
11 | (c) Violations in specific places.
| ||||||
12 | (1) A person who violates subsection 24-1(a)(6) or | ||||||
13 | 24-1(a)(7) in any
school, regardless of the time of day or | ||||||
14 | the time of year, in residential
property owned, operated | ||||||
15 | or managed by a public housing agency or
leased by
a public | ||||||
16 | housing agency as part of a scattered site or mixed-income
| ||||||
17 | development, in a
public park, in a courthouse, on the | ||||||
18 | real property comprising any school,
regardless of the
| ||||||
19 | time of day or the time of year, on residential property | ||||||
20 | owned, operated
or
managed by a public housing agency
or | ||||||
21 | leased by a public housing agency as part of a scattered | ||||||
22 | site or
mixed-income development,
on the real property | ||||||
23 | comprising any
public park, on the real property | ||||||
24 | comprising any courthouse, in any conveyance
owned, leased | ||||||
25 | or contracted by a school to
transport students to or from | ||||||
26 | school or a school related activity, in any conveyance
|
| |||||||
| |||||||
1 | owned, leased, or contracted by a public transportation | ||||||
2 | agency, or on any
public way within 1,000 feet of the real | ||||||
3 | property comprising any school,
public park, courthouse, | ||||||
4 | public transportation facility, or residential property | ||||||
5 | owned, operated, or managed
by a public housing agency
or | ||||||
6 | leased by a public housing agency as part of a scattered | ||||||
7 | site or
mixed-income development
commits a Class 2 felony | ||||||
8 | and shall be sentenced to a term of imprisonment of not | ||||||
9 | less than 3 years and not more than 7 years.
| ||||||
10 | (1.5) A person who violates subsection 24-1(a)(4), | ||||||
11 | 24-1(a)(9), or
24-1(a)(10) in any school, regardless of | ||||||
12 | the time of day or the time of year,
in residential | ||||||
13 | property owned, operated, or managed by a public
housing
| ||||||
14 | agency
or leased by a public housing agency as part of a | ||||||
15 | scattered site or
mixed-income development,
in
a public
| ||||||
16 | park, in a courthouse, on the real property comprising any | ||||||
17 | school, regardless
of the time of day or the time of year, | ||||||
18 | on residential property owned,
operated, or managed by a | ||||||
19 | public housing agency
or leased by a public housing agency | ||||||
20 | as part of a scattered site or
mixed-income development,
| ||||||
21 | on the real property
comprising any public park, on the | ||||||
22 | real property comprising any courthouse, in
any conveyance | ||||||
23 | owned, leased, or contracted by a school to transport | ||||||
24 | students
to or from school or a school related activity, | ||||||
25 | in any conveyance
owned, leased, or contracted by a public | ||||||
26 | transportation agency, or on any public way within
1,000 |
| |||||||
| |||||||
1 | feet of the real property comprising any school, public | ||||||
2 | park, courthouse,
public transportation facility, or | ||||||
3 | residential property owned, operated, or managed by a | ||||||
4 | public
housing agency
or leased by a public housing agency | ||||||
5 | as part of a scattered site or
mixed-income development
| ||||||
6 | commits a Class 3 felony.
| ||||||
7 | (2) A person who violates subsection 24-1(a)(1), | ||||||
8 | 24-1(a)(2), or
24-1(a)(3)
in any school, regardless of the | ||||||
9 | time of day or the time of year, in
residential property | ||||||
10 | owned, operated or managed by a public housing
agency
or | ||||||
11 | leased by a public housing agency as part of a scattered | ||||||
12 | site or
mixed-income development,
in
a public park, in a | ||||||
13 | courthouse, on the real property comprising any school,
| ||||||
14 | regardless of the time of day or the time of year, on | ||||||
15 | residential property
owned, operated or managed by a | ||||||
16 | public housing agency
or leased by a public housing agency | ||||||
17 | as part of a scattered site or
mixed-income development,
| ||||||
18 | on the real property
comprising any public park, on the | ||||||
19 | real property comprising any courthouse, in
any conveyance | ||||||
20 | owned, leased or contracted by a school to transport | ||||||
21 | students
to or from school or a school related activity, | ||||||
22 | in any conveyance
owned, leased, or contracted by a public | ||||||
23 | transportation agency, or on any public way within
1,000 | ||||||
24 | feet of the real property comprising any school, public | ||||||
25 | park, courthouse,
public transportation facility, or | ||||||
26 | residential property owned, operated, or managed by a |
| |||||||
| |||||||
1 | public
housing agency or leased by a public housing agency | ||||||
2 | as part of a scattered
site or mixed-income development | ||||||
3 | commits a Class 4 felony. "Courthouse"
means any building | ||||||
4 | that is used by the Circuit, Appellate, or Supreme Court | ||||||
5 | of
this State for the conduct of official business.
| ||||||
6 | (3) Paragraphs (1), (1.5), and (2) of this subsection | ||||||
7 | (c) shall not
apply to law
enforcement officers or | ||||||
8 | security officers of such school, college, or
university | ||||||
9 | or to students carrying or possessing firearms for use in | ||||||
10 | training
courses, parades, hunting, target shooting on | ||||||
11 | school ranges, or otherwise with
the consent of school | ||||||
12 | authorities and which firearms are transported unloaded
| ||||||
13 | enclosed in a suitable case, box, or transportation | ||||||
14 | package.
| ||||||
15 | (4) For the purposes of this subsection (c), "school" | ||||||
16 | means any public or
private elementary or secondary | ||||||
17 | school, community college, college, or
university.
| ||||||
18 | (5) For the purposes of this subsection (c), "public | ||||||
19 | transportation agency" means a public or private agency | ||||||
20 | that provides for the transportation or conveyance of
| ||||||
21 | persons by means available to the general public, except | ||||||
22 | for transportation
by automobiles not used for conveyance | ||||||
23 | of the general public as passengers; and "public | ||||||
24 | transportation facility" means a terminal or other place
| ||||||
25 | where one may obtain public transportation.
| ||||||
26 | (d) The presence in an automobile other than a public |
| |||||||
| |||||||
1 | omnibus of any
weapon, instrument or substance referred to in | ||||||
2 | subsection (a)(7) is
prima facie evidence that it is in the | ||||||
3 | possession of, and is being
carried by, all persons occupying | ||||||
4 | such automobile at the time such
weapon, instrument or | ||||||
5 | substance is found, except under the following
circumstances: | ||||||
6 | (i) if such weapon, instrument or instrumentality is
found | ||||||
7 | upon the person of one of the occupants therein; or (ii) if | ||||||
8 | such
weapon, instrument or substance is found in an automobile | ||||||
9 | operated for
hire by a duly licensed driver in the due, lawful | ||||||
10 | and proper pursuit of
his or her trade, then such presumption | ||||||
11 | shall not apply to the driver.
| ||||||
12 | (e) Exemptions. | ||||||
13 | (1) Crossbows, Common or Compound bows and Underwater
| ||||||
14 | Spearguns are exempted from the definition of ballistic | ||||||
15 | knife as defined in
paragraph (1) of subsection (a) of | ||||||
16 | this Section. | ||||||
17 | (2) The provision of paragraph (1) of subsection (a) | ||||||
18 | of this Section prohibiting the sale, manufacture, | ||||||
19 | purchase, possession, or carrying of any knife, commonly | ||||||
20 | referred to as a switchblade knife, which has a
blade that | ||||||
21 | opens automatically by hand pressure applied to a button,
| ||||||
22 | spring or other device in the handle of the knife, does not | ||||||
23 | apply to a person who possesses a currently valid Firearm | ||||||
24 | Owner's Identification Card previously issued in his or | ||||||
25 | her name by the Illinois State Police or to a person or an | ||||||
26 | entity engaged in the business of selling or manufacturing |
| |||||||
| |||||||
1 | switchblade knives.
| ||||||
2 | (Source: P.A. 101-223, eff. 1-1-20; 102-538, eff. 8-20-21.)
| ||||||
3 | (720 ILCS 5/24-1.9 new) | ||||||
4 | Sec. 24-1.9. Manufacture, possession, delivery, sale, and | ||||||
5 | purchase of assault weapons, .50 caliber rifles, and .50 | ||||||
6 | caliber cartridges. | ||||||
7 | (a) Definitions. In this Section: | ||||||
8 | (1) "Assault pistol" means any of the following or a copy, | ||||||
9 | regardless of the producer or manufacturer: | ||||||
10 | (A) AA Arms AP-9 pistol. | ||||||
11 | (B) Armalite M15 11.5 pistol. | ||||||
12 | (C) Beretta 93R pistol. | ||||||
13 | (D) Bushmaster pistol. | ||||||
14 | (E) Claridge HI-TEC pistol. | ||||||
15 | (F) D Max Industries pistol. | ||||||
16 | (G) EKO Cobra pistol. | ||||||
17 | (H) Encom MK-IV, MP-9, or MP-45 pistol. | ||||||
18 | (I) Heckler and Koch MP5K, MP7, SP-89, or VP70M | ||||||
19 | pistol. | ||||||
20 | (J) Holmes MP-83 pistol. | ||||||
21 | (K) Ingram MAC 10/11 pistol and variations, including | ||||||
22 | the Partisan Avenger and the SWD Cobray. | ||||||
23 | (L) Intratec TEC-9/DC-9 pistol in any centerfire | ||||||
24 | variation. | ||||||
25 | (M) P.A.W.S. type pistol. |
| |||||||
| |||||||
1 | (N) Skorpion pistol. | ||||||
2 | (O) Spectre double action pistol (Sile, F.I.E., | ||||||
3 | Mitchell). | ||||||
4 | (P) Stechkin automatic pistol. | ||||||
5 | (Q) Steyr tactical pistol. | ||||||
6 | (R) UZI pistol. | ||||||
7 | (S) Weaver Arms Nighthawk pistol. | ||||||
8 | (T) Wilkinson "Linda" pistol. | ||||||
9 | (2) "Assault shotgun or rifle" means any of the following | ||||||
10 | or a copy, regardless of the producer or manufacturer: | ||||||
11 | (A) American Arms Spectre da Semiautomatic carbine. | ||||||
12 | (B) AR10. | ||||||
13 | (C) AR15. | ||||||
14 | (D) AR70. | ||||||
15 | (E) Armalite M15. | ||||||
16 | (F) Avtomat Kalashnikov semiautomatic rifle in any | ||||||
17 | format, including the AK-47 in all forms. | ||||||
18 | (G) Algimec AGM-1 type semi-auto. | ||||||
19 | (H) AR 100 type semi-auto. | ||||||
20 | (I) AR 180 type semi-auto. | ||||||
21 | (J) Argentine L.S.R. semi-auto. | ||||||
22 | (K) Australian Automatic Arms SAR type semi-auto. | ||||||
23 | (L) Auto-Ordnance Thompson M1 and 1927 | ||||||
24 | semi-automatics. | ||||||
25 | (M) Barrett light .50 cal. semi-auto. | ||||||
26 | (N) Beretta AR70 type semi-auto. |
| |||||||
| |||||||
1 | (O) Bushmaster semi-auto rifle. | ||||||
2 | (P) Calico models M-100 and M-900. | ||||||
3 | (Q) CIS SR 88 type semi-auto. | ||||||
4 | (R) Claridge HI TEC C-9 carbines. | ||||||
5 | (S) Colt AR-15, CAR-15, and all imitations. | ||||||
6 | (T) Daewoo MAX 1 and MAX 2, aka AR 100, 110C, K-1, and | ||||||
7 | K-2. | ||||||
8 | (U) Dragunov Chinese made semi-auto. | ||||||
9 | (V) Famas semi-auto (.223 caliber). | ||||||
10 | (W) Feather AT-9 semi-auto. | ||||||
11 | (X) FN LAR and FN FAL assault rifle. | ||||||
12 | (Y) FNC semi-auto type carbine. | ||||||
13 | (Z) F.I.E./Franchi LAW 12 and SPAS 12 assault shotgun. | ||||||
14 | (AA) Smith & Wesson M&P 15. | ||||||
15 | (BB) Steyr-AUG-SA semi-auto. | ||||||
16 | (CC) Galil models AR and ARM semi-auto. | ||||||
17 | (DD) Heckler and Koch HK-91 A3, HK-93 A2, HK-94 A2 and | ||||||
18 | A3. | ||||||
19 | (EE) Holmes model 88 shotgun. | ||||||
20 | (FF) Manchester Arms "Commando" MK-45, MK-9. | ||||||
21 | (GG) Mandell TAC-1 semi-auto carbine. | ||||||
22 | (HH) Mossberg model 500 Bullpup assault shotgun. | ||||||
23 | (II) Sterling Mark 6. | ||||||
24 | (JJ) P.A.W.S. carbine. | ||||||
25 | (KK) Ruger mini-14 folding stock model (.223 caliber). | ||||||
26 | (LL) SIG 550/551 assault rifle (.223 caliber). |
| |||||||
| |||||||
1 | (MM) SKS with detachable magazine. | ||||||
2 | (NN) AP-74 Commando type semi-auto. | ||||||
3 | (OO) Springfield Armory BM-59, SAR-48, G3, SAR-3, M-21 | ||||||
4 | sniper rifle, and M1A, excluding the M1 Garand. | ||||||
5 | (PP) Street sweeper assault type shotgun. | ||||||
6 | (QQ) Striker 12 assault shotgun in all formats. | ||||||
7 | (RR) Unique F11 semi-auto type. | ||||||
8 | (SS) Daewoo USAS 12 semi-auto shotgun. | ||||||
9 | (TT) UZI 9mm carbine or rifle. | ||||||
10 | (UU) Valmet M-76 and M-78 semi-auto. | ||||||
11 | (VV) Weaver Arms "Nighthawk" semi-auto carbine. | ||||||
12 | (WW) Wilkinson Arms 9mm semi-auto "Terry". | ||||||
13 | (3) "Assault weapon" means: | ||||||
14 | (A) An assault shotgun or rifle. | ||||||
15 | (B) An assault pistol. | ||||||
16 | (C) A semiautomatic rifle that can accept or can be | ||||||
17 | modified to accept a detachable magazine and has at least | ||||||
18 | one of the following: | ||||||
19 | (i) A folding, telescoping, or collapsible stock. | ||||||
20 | (ii) Any grip of the weapon, including a pistol | ||||||
21 | grip, a thumbhole stock, or any other stock, the use of | ||||||
22 | which would allow an individual to grip the weapon, | ||||||
23 | resulting in any finger on the trigger hand in | ||||||
24 | addition to the trigger finger being directly below | ||||||
25 | any portion of the action of the weapon when firing. | ||||||
26 | (iii) A forward grip. |
| |||||||
| |||||||
1 | (iv) A flash suppressor. | ||||||
2 | (v) A grenade launcher or flare launcher. | ||||||
3 | (D) A semiautomatic, centerfire rifle that has an | ||||||
4 | overall length of less than 30 inches. | ||||||
5 | (E) A semiautomatic pistol that can accept a | ||||||
6 | detachable magazine and has at least one of the following: | ||||||
7 | (i) An ability to accept a detachable ammunition | ||||||
8 | magazine that attaches at some location outside of the | ||||||
9 | pistol grip. | ||||||
10 | (ii) A threaded barrel capable of accepting a | ||||||
11 | flash suppressor, forward pistol grip or silencer. | ||||||
12 | (iii) A shroud that is attached to, or partially | ||||||
13 | or completely encircles, the barrel and that permits | ||||||
14 | the shooter to fire the firearm without being burned, | ||||||
15 | except a slide that encloses the barrel. | ||||||
16 | (iv) A second hand grip. | ||||||
17 | (F) A semiautomatic shotgun that has at least one of | ||||||
18 | the following: | ||||||
19 | (i) A folding, telescoping, or collapsible stock. | ||||||
20 | (ii) Any grip of the weapon, including a pistol | ||||||
21 | grip, a thumbhole stock, or any other stock, the use of | ||||||
22 | which would allow an individual to grip the weapon, | ||||||
23 | resulting in any finger on the trigger hand in | ||||||
24 | addition to the trigger finger being directly below | ||||||
25 | any portion of the action of the weapon when firing. | ||||||
26 | (G) A semiautomatic shotgun that has the ability to |
| |||||||
| |||||||
1 | accept a detachable magazine. | ||||||
2 | (H) A shotgun with a revolving cylinder. | ||||||
3 | (I) A semiautomatic pistol with a fixed magazine that | ||||||
4 | can accept more than 12 rounds. | ||||||
5 | (J) A semiautomatic, centerfire rifle that has a fixed | ||||||
6 | magazine that can accept more than 12 rounds. | ||||||
7 | "Assault weapon" does not include: | ||||||
8 | (A) any firearm that: | ||||||
9 | (i) is an unserviceable firearm or has been made | ||||||
10 | permanently inoperable; | ||||||
11 | (ii) is an antique firearm; or | ||||||
12 | (iii) uses .22 caliber rimfire ammunition or | ||||||
13 | cartridges;
or | ||||||
14 | (B) any air rifle as defined in Section 24.8-0.1 of | ||||||
15 | this Code. | ||||||
16 | In this Section, a firearm is considered to have the | ||||||
17 | ability to accept a detachable magazine unless the magazine or | ||||||
18 | ammunition feeding device can only be removed through | ||||||
19 | disassembly of the firearm action. | ||||||
20 | (4) "Assault weapon attachment" means any device capable | ||||||
21 | of being attached to a firearm that is specifically designed | ||||||
22 | for making or converting a firearm into any of the firearms | ||||||
23 | listed in paragraph (1) of this subsection (a). | ||||||
24 | (5) "Antique firearm" has the meaning ascribed to it in 18 | ||||||
25 | U.S.C. 921(a)(16). | ||||||
26 | (6) ".50 caliber rifle" means a centerfire rifle capable |
| |||||||
| |||||||
1 | of firing a .50 caliber cartridge. The term does not include | ||||||
2 | any antique firearm, any shotgun including a shotgun that has | ||||||
3 | a rifle barrel, or any muzzle-loader which uses black powder | ||||||
4 | for hunting or historical reenactments. | ||||||
5 | (7) ".50 caliber cartridge" means a cartridge in .50 BMG | ||||||
6 | caliber, either by designation or actual measurement, that is | ||||||
7 | capable of being fired from a centerfire rifle. The term ".50 | ||||||
8 | caliber cartridge" does not include any memorabilia or display | ||||||
9 | item that is filled with a permanent inert substance or that is | ||||||
10 | otherwise permanently altered in a manner that prevents ready | ||||||
11 | modification for use as live ammunition or shotgun ammunition | ||||||
12 | with a caliber measurement that is equal to or greater than .50 | ||||||
13 | caliber. | ||||||
14 | (8) "Detachable magazine" means an ammunition feeding | ||||||
15 | device that can be removed readily from a firearm without | ||||||
16 | requiring disassembly of the firearm action or without the use | ||||||
17 | of a tool, including a bullet or cartridge. | ||||||
18 | (b) Except as provided in subsections (c), (d), and (e), | ||||||
19 | on or after the effective date of this amendatory Act of the | ||||||
20 | 102nd General Assembly, it is unlawful for any person within | ||||||
21 | this State to knowingly manufacture, deliver, sell, or | ||||||
22 | purchase or cause to be manufactured, delivered, sold, or | ||||||
23 | purchased by another, an assault weapon, assault weapon | ||||||
24 | attachment, .50 caliber rifle, or .50 caliber cartridge. | ||||||
25 | (c) Except as otherwise provided in subsection (d), 300 | ||||||
26 | days after the effective date of this amendatory Act of the |
| |||||||
| |||||||
1 | 102nd General Assembly, it is unlawful for any person within | ||||||
2 | this State to knowingly possess an assault weapon, .50 caliber | ||||||
3 | rifle, assault weapon attachment, or .50 caliber cartridge. | ||||||
4 | (d) This Section does not apply to a person who possessed | ||||||
5 | an assault weapon, assault weapon attachment, or .50 caliber | ||||||
6 | rifle prohibited by subsection (c) of this Section before the | ||||||
7 | effective date of this amendatory Act of the 102nd General | ||||||
8 | Assembly, if the person has provided in an endorsement | ||||||
9 | affidavit, under oath or affirmation and in the form and | ||||||
10 | manner prescribed by the Illinois State Police on or after 180 | ||||||
11 | days after the effective date of this amendatory Act of the | ||||||
12 | 102nd General Assembly but within 300 days after the effective | ||||||
13 | date of this amendatory Act of the 102nd General Assembly: | ||||||
14 | (1) the affiant's Firearm Owner's Identification Card | ||||||
15 | number; | ||||||
16 | (2) the serial number of the weapon or weapons; | ||||||
17 | (3) an affirmation that the affiant possessed the | ||||||
18 | weapon or weapons identified before the effective date of | ||||||
19 | this amendatory Act of the 102nd General Assembly. | ||||||
20 | The affidavit form shall include the following statement | ||||||
21 | printed in bold type: "Warning: Entering false information on | ||||||
22 | this form is punishable as perjury under Section 32-2 of the | ||||||
23 | Criminal Code of 2012. Entering false information on this form | ||||||
24 | is a violation of the Firearm Owners Identification Card Act." | ||||||
25 | In any administrative, civil, or criminal proceeding in | ||||||
26 | this State, a completed assault weapon or .50 caliber rifle |
| |||||||
| |||||||
1 | endorsement affidavit submitted to the Illinois State Police | ||||||
2 | by the individual as required by this Section creates the | ||||||
3 | rebuttable presumption that a person lawfully possessed or had | ||||||
4 | completed a purchase of the assault weapon or .50 caliber | ||||||
5 | rifle before the effective date of this amendatory Act of the | ||||||
6 | 102nd General Assembly and is entitled to continue to possess | ||||||
7 | and transport the assault weapon. | ||||||
8 | Beginning 300 days after the effective date of this | ||||||
9 | amendatory Act of the 102nd General Assembly, the person with | ||||||
10 | an assault weapon or .50 caliber rifle endorsement may | ||||||
11 | transfer the assault weapon or .50 caliber rifle only to an | ||||||
12 | heir, an individual residing in another state maintaining it | ||||||
13 | in another state, or a dealer licensed as a federal firearms | ||||||
14 | dealer under Section 923 of the federal Gun Control Act of | ||||||
15 | 1968. Within 10 days after transfer of the weapon except to an | ||||||
16 | heir, the person shall notify the Illinois State Police of the | ||||||
17 | name and address of the transferee and comply with the | ||||||
18 | requirements of subsection (b) of Section 3 of the Firearm | ||||||
19 | Owners Identification Card Act. If a resident of this State, | ||||||
20 | the heir to whom the weapon is transferred shall, within 60 | ||||||
21 | days of the transfer, complete an affidavit required under | ||||||
22 | this Section. A person to whom the weapon is transferred may | ||||||
23 | transfer it only as provided in this subsection. | ||||||
24 | Except for any active-duty member of the United States | ||||||
25 | military who is transferred into this State on or after the | ||||||
26 | effective date of this amendatory Act of the 102nd General |
| |||||||
| |||||||
1 | Assembly, any person who moves into this State in possession | ||||||
2 | of an assault weapon shall render the assault weapon or .50 | ||||||
3 | caliber rifle permanently inoperable, sell the assault weapon | ||||||
4 | or .50 caliber rifle to a federally licensed firearm dealer | ||||||
5 | outside of this State, or remove the assault weapon or .50 | ||||||
6 | caliber rifle from this State. | ||||||
7 | Notwithstanding any other law, information contained in | ||||||
8 | the endorsement affidavit shall be confidential and shall not | ||||||
9 | be disclosed, except to law enforcement agencies acting in the | ||||||
10 | performance of their duties. | ||||||
11 | (e) This Section does not apply to or affect any of the | ||||||
12 | following: | ||||||
13 | (1) Peace officers, as defined in Section 2-13 of this | ||||||
14 | Code. | ||||||
15 | (2) Retired or separated Illinois State Police | ||||||
16 | officers, municipal peace officers, and sheriff's deputies | ||||||
17 | who retired or separated from their respective law | ||||||
18 | enforcement agencies in good standing after 10 or more | ||||||
19 | years of service. | ||||||
20 | (3) Acquisition and possession by a local law | ||||||
21 | enforcement agency for the purpose of equipping the | ||||||
22 | agency's peace officers as defined in paragraph (1) of | ||||||
23 | this subsection (f). | ||||||
24 | (4) Wardens, superintendents, and keepers of prisons, | ||||||
25 | penitentiaries, jails, and other institutions for the | ||||||
26 | detention of persons accused or convicted of an offense. |
| |||||||
| |||||||
1 | (5) Members of the Armed Services or Reserve Forces of | ||||||
2 | the United States or the Illinois National Guard, while | ||||||
3 | performing their official duties or while traveling to or | ||||||
4 | from their places of duty. | ||||||
5 | (6) Any company that employs armed security officers | ||||||
6 | in this State at a nuclear energy, storage, weapons, or | ||||||
7 | development site or facility regulated by the federal | ||||||
8 | Nuclear Regulatory Commission and any person employed as | ||||||
9 | an armed security force member at a nuclear energy, | ||||||
10 | storage, weapons, or development site or facility | ||||||
11 | regulated by the federal Nuclear Regulatory Commission who | ||||||
12 | has completed the background screening and training | ||||||
13 | mandated by the rules and regulations of the federal | ||||||
14 | Nuclear Regulatory Commission and while performing | ||||||
15 | official duties. | ||||||
16 | (7) Manufacture, transportation, or sale of weapons, | ||||||
17 | attachments, or ammunition to persons authorized under | ||||||
18 | subdivisions (1) through (6) of this subsection (e) to | ||||||
19 | possess those items. | ||||||
20 | (8) Possession of any firearm if that firearm is | ||||||
21 | sanctioned by the International Olympic Committee and by | ||||||
22 | USA Shooting, the national governing body for | ||||||
23 | international shooting competition in the United States, | ||||||
24 | but only when the firearm is in the actual possession of an | ||||||
25 | Olympic target shooting competitor or target shooting | ||||||
26 | coach for the purpose of storage, transporting to and from |
| |||||||
| |||||||
1 | Olympic target shooting practice or events if the firearm | ||||||
2 | is broken down in a nonfunctioning state, is not | ||||||
3 | immediately accessible, or is unloaded and enclosed in a | ||||||
4 | firearm case, carrying box, shipping box, or other similar | ||||||
5 | portable container designed for the safe transportation of | ||||||
6 | firearms, and when the Olympic target shooting competitor | ||||||
7 | or target shooting coach is engaging in those practices or | ||||||
8 | events. For the purposes of this paragraph (8), "firearm" | ||||||
9 | has the meaning provided in Section 1.1 of the Firearm | ||||||
10 | Owners Identification Card Act. | ||||||
11 | (9) Any nonresident who transports, within 24 hours, a | ||||||
12 | weapon for any lawful purpose from any place where the | ||||||
13 | nonresident may lawfully possess and carry that weapon to | ||||||
14 | any other place where the nonresident may lawfully possess | ||||||
15 | and carry that weapon if, during the transportation, the | ||||||
16 | weapon is unloaded, and neither the weapon nor any | ||||||
17 | ammunition being transported is readily accessible or is | ||||||
18 | directly accessible from the passenger compartment of the | ||||||
19 | transporting vehicle. In the case of a vehicle without a | ||||||
20 | compartment separate from the driver's compartment, the | ||||||
21 | weapon or ammunition shall be contained in a locked | ||||||
22 | container other than the glove compartment or console. | ||||||
23 | (10) Possession of a weapon at an event taking place | ||||||
24 | at the World Shooting and Recreational Complex at Sparta, | ||||||
25 | only while engaged in the legal use of the weapon, or while | ||||||
26 | traveling to or from that location if the weapon is broken |
| |||||||
| |||||||
1 | down in a nonfunctioning state, is not immediately | ||||||
2 | accessible, or is unloaded and enclosed in a firearm case, | ||||||
3 | carrying box, shipping box, or other similar portable | ||||||
4 | container designed for the safe transportation of | ||||||
5 | firearms. | ||||||
6 | (11) Possession of a weapon only for hunting use | ||||||
7 | expressly permitted under the Wildlife Code, or while | ||||||
8 | traveling to or from a location authorized for this | ||||||
9 | hunting use under the Wildlife Code if the weapon is | ||||||
10 | broken down in a nonfunctioning state, is not immediately | ||||||
11 | accessible, or is unloaded and enclosed in a firearm case, | ||||||
12 | carrying box, shipping box, or other similar portable | ||||||
13 | container designed for the safe transportation of | ||||||
14 | firearms. | ||||||
15 | (12) The manufacture, transportation, possession, | ||||||
16 | sale, or rental of blank-firing assault weapons and .50 | ||||||
17 | caliber rifles, or the weapon's respective attachments, to | ||||||
18 | persons authorized or permitted, or both authorized and | ||||||
19 | permitted, to acquire and possess these weapons or | ||||||
20 | attachments for the purpose of rental for use solely as | ||||||
21 | props for a motion picture, television, or video | ||||||
22 | production or entertainment event. | ||||||
23 | Any person not subject to this Section may submit an | ||||||
24 | endorsement affidavit if the person chooses. | ||||||
25 | (f) Sentence. | ||||||
26 | (1) A person who knowingly manufactures, delivers, |
| |||||||
| |||||||
1 | sells, purchases, or possesses or causes to be | ||||||
2 | manufactured, delivered, sold, purchased, or possessed an | ||||||
3 | assault weapon in violation of this Section commits a | ||||||
4 | Class 3 felony for a first violation and a Class 2 felony | ||||||
5 | for a second or subsequent violation or for the possession | ||||||
6 | or delivery of 2 or more of these weapons at the same time. | ||||||
7 | (2) A person who knowingly manufactures, delivers, | ||||||
8 | sells, purchases, or possesses or causes to be | ||||||
9 | manufactured, delivered, sold, purchased, or possessed in | ||||||
10 | violation of this Section an assault weapon attachment | ||||||
11 | commits a Class 4 felony for a first violation and a Class | ||||||
12 | 3 felony for a second or subsequent violation. | ||||||
13 | (3) A person who knowingly manufactures, delivers, | ||||||
14 | sells, purchases, or possesses or causes to be | ||||||
15 | manufactured, delivered, sold, purchased, or possessed in | ||||||
16 | violation of this Section a .50 caliber rifle commits a | ||||||
17 | Class 3 felony for a first violation and a Class 2 felony | ||||||
18 | for a second or subsequent violation or for the possession | ||||||
19 | or delivery of 2 or more of these weapons at the same time. | ||||||
20 | (4) A person who knowingly manufactures, delivers, | ||||||
21 | sells, purchases, or possesses or causes to be | ||||||
22 | manufactured, delivered, sold, purchased, or possessed in | ||||||
23 | violation of this Section a .50 caliber cartridge commits | ||||||
24 | a Class A misdemeanor. | ||||||
25 | (5) Any other violation of this Section is a Class A | ||||||
26 | misdemeanor. |
| |||||||
| |||||||
1 | (g) The Illinois State Police shall take all steps | ||||||
2 | necessary to carry out the requirements of this Section within | ||||||
3 | 180 days after the effective date of this amendatory Act of the | ||||||
4 | 102nd General Assembly.
| ||||||
5 | (720 ILCS 5/24-1.10 new) | ||||||
6 | Sec. 24-1.10. Manufacture, delivery, or sale of large | ||||||
7 | capacity ammunition feeding devices. | ||||||
8 | (a) In this Section: | ||||||
9 | "Large capacity ammunition feeding device" means: | ||||||
10 | (1) a magazine, belt, drum, feed strip, or similar | ||||||
11 | device that has a capacity of, or that can be readily | ||||||
12 | restored or converted to accept, more than 12 rounds of | ||||||
13 | ammunition; or | ||||||
14 | (2) any combination of parts from which a device | ||||||
15 | described in paragraph (1) can be assembled. | ||||||
16 | "Large capacity ammunition feeding device" does not | ||||||
17 | include an attached tubular device designed to accept, and | ||||||
18 | capable of operating only with, .22 caliber rimfire | ||||||
19 | ammunition. "Large capacity ammunition feeding device" does | ||||||
20 | not include a tubular magazine
that is contained in a | ||||||
21 | lever-action firearm or any device that has been made | ||||||
22 | permanently inoperable. | ||||||
23 | (b) Except as provided in subsection (c) and (d), it is | ||||||
24 | unlawful for any person within this State to knowingly | ||||||
25 | manufacture, deliver, sell, purchase, or possess or cause to |
| |||||||
| |||||||
1 | be manufactured, delivered, sold, or purchased a large | ||||||
2 | capacity ammunition feeding device. | ||||||
3 | (c) This Section does not apply to any person who | ||||||
4 | possesses a large capacity ammunition feeding device if, | ||||||
5 | within 90 days of the effective date of this amendatory Act of | ||||||
6 | the 102nd General Assembly, the person: | ||||||
7 | (1) permanently modifies the large capacity ammunition | ||||||
8 | feeding device such that it cannot hold more than 12 | ||||||
9 | rounds of ammunition; | ||||||
10 | (2) surrenders the large capacity ammunition feeding | ||||||
11 | device to Illinois State Police or another law enforcement | ||||||
12 | agency within this State in accordance with the procedures | ||||||
13 | for surrender of weapons set forth by the law enforcement | ||||||
14 | agency; or | ||||||
15 | (3) transfers or sells the large capacity ammunition | ||||||
16 | feeding device to a federally licensed firearm dealer or | ||||||
17 | person or firm outside of this State that is lawfully | ||||||
18 | entitled to own or possess such a device. | ||||||
19 | (d) This Section does not apply to or affect any of the | ||||||
20 | following: | ||||||
21 | (1) Peace officers as defined in Section 2-13 of this | ||||||
22 | Code. | ||||||
23 | (2) A local law enforcement agency for the purpose of | ||||||
24 | equipping the agency's peace officers as defined in | ||||||
25 | paragraph (1) of this subsection (d). | ||||||
26 | (3) Wardens, superintendents, and keepers of prisons, |
| |||||||
| |||||||
1 | penitentiaries, jails, and other institutions for the | ||||||
2 | detention of persons accused or convicted of an offense. | ||||||
3 | (4) Members of the Armed Services or Reserve Forces of | ||||||
4 | the United States or the Illinois National Guard, while | ||||||
5 | their official duties or while traveling to or from their | ||||||
6 | places of duty. | ||||||
7 | (5) Any company that employs armed security officers | ||||||
8 | in this State at a nuclear energy, storage, weapons, or | ||||||
9 | development site or facility regulated by the federal | ||||||
10 | Nuclear Regulatory Commission and any person employed as | ||||||
11 | an armed security force member at a nuclear energy, | ||||||
12 | storage, weapons, or development site or facility | ||||||
13 | regulated by the federal Nuclear Regulatory Commission who | ||||||
14 | has completed the background screening and training | ||||||
15 | mandated by the rules and regulations of the federal | ||||||
16 | Nuclear Regulatory Commission and while performing | ||||||
17 | official duties. | ||||||
18 | (6) Sale of large capacity ammunition feeding devices | ||||||
19 | to persons authorized under subdivisions (1) through (5) | ||||||
20 | of this subsection (d) to possess those devices. | ||||||
21 | (7) Sale or rental of large capacity ammunition | ||||||
22 | feeding devices for blank-firing assault weapons and .50 | ||||||
23 | caliber rifles, to persons authorized or permitted, or | ||||||
24 | both authorized and permitted, to acquire these devices | ||||||
25 | for the purpose of rental for use solely as props for a | ||||||
26 | motion picture, television, or video production or |
| |||||||
| |||||||
1 | entertainment event. | ||||||
2 | (d) Sentence. A person who knowingly delivers, sells, | ||||||
3 | purchases, or causes to be delivered, sold, or purchased in | ||||||
4 | violation of this Section a large capacity ammunition feeding | ||||||
5 | device capable of holding more than 12 rounds of ammunition | ||||||
6 | commits a petty offense with a fine of $1,000 for a first | ||||||
7 | violation and a Class 4 felony for a second or subsequent | ||||||
8 | violation or for delivery or possession of 3 or more of these | ||||||
9 | devices at the same time. Any other violation of this Section | ||||||
10 | is a Class A misdemeanor.
| ||||||
11 | Section 97. Severability. The provisions of this Act are | ||||||
12 | severable under Section 1.31 of the Statute on Statutes.
| ||||||
13 | Section 99. Effective date. This Act takes effect upon | ||||||
14 | becoming law.".
|