Bill Text: IL HB1155 | 2013-2014 | 98th General Assembly | Engrossed

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Bill Title: Amends the Criminal Code of 2012. Makes a technical change in a Section concerning the unlawful use of weapons.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Failed) 2014-12-03 - Session Sine Die [HB1155 Detail]

Download: Illinois-2013-HB1155-Engrossed.html

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HB1155 Engrossed LRB098 08475 RLC 38582 b
AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. This Act may be referred to as the Family and
Personal Protection Act.
Section 2. Legislative determination. It is hereby
declared as a matter of legislative determination that in order
to promote and protect the health, safety and welfare of the
public, it is necessary and in the public interest within the
State of Illinois to establish a system of handgun
registration, thereby establishing a practical and workable
system by which law enforcement authorities will be afforded an
opportunity to identify the ownership of handguns that have
been recovered or seized as evidence in connection with a
criminal offense.
Section 4. Definitions.
As used in Sections 2 and 5 of this Act:
"Certificate of Handgun Registration" means a certificate
issued by the Illinois Department of State Police under Section
5 of this Act.
"Department" means the Department of State Police.
"Federally licensed firearm dealer" means a person who is

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licensed as a federal firearms dealer under Section 923 of the
federal Gun Control Act of 1968 (18 U.S.C. 923).
"Firearm" has the same meaning as set forth in Section 1.1
of the Firearm Owners Identification Card Act.
"Handgun" means a firearm designed to be held and fired by
the use of a single hand.
Section 5. Certificate of Handgun Registration.
(a) No person shall transport or possess a handgun in this
State without a Certificate of Handgun Registration issued for
that handgun by the Department of State Police.
(b) The provisions of this Section prohibiting a person
from transporting or possessing a handgun without a Certificate
of Handgun Registration do not apply to the following:
(1) any person who is exempt from the Firearm Owners
Identification Card Act under subsection (b) of Section 2
of that Act;
(2) any person who is exempt from the Firearm Owners
Identification Card Act under subsection (c) of Section 2
of that Act;
(3) a certified member of the Illinois Firearms
Manufacturers Association; and
(4) a federally licensed firearm dealer holding a new
handgun for transfer or sale.
(c) An applicant for an original or transferred Certificate
of Handgun Registration shall submit an application to the

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Department, prepared and furnished at convenient locations
throughout the State or by electronic means. The application
shall request the following information from the applicant:
(1) the applicant's name, address, and telephone
number;
(2) a copy of the applicant's Illinois Firearm Owner's
Identification Card;
(3) the name of the manufacturer, the caliber or gauge,
the model, the type, and the serial number identification
of the handgun to be registered;
(4) the source from which the handgun was obtained,
including the name and address of the source;
(5) the date the handgun was acquired;
(6) any other information that the Department shall
find reasonably necessary or desirable to effectuate the
purposes of this Section and to arrive at a fair
determination as to whether the terms of this Section have
been complied with; and
(7) an affidavit signed by the applicant certifying
that the applicant:
(A) possesses a valid Firearm Owner's
Identification Card;
(B) as of the date of application, would still be
eligible to receive a Firearm Owner's Identification
Card from the Department.
(d) The Department shall issue an original or transferred

HB1155 Engrossed - 4 - LRB098 08475 RLC 38582 b
Certificate of Handgun Registration or shall issue a written
denial of the application within 30 days after the application
is received.
(e) There is created in the State treasury the Handgun
Certificate Administration Fund to be used by the Department
for the administration of handgun registration as required by
this Section.
(f) A nonrefundable application fee of $20 shall be payable
for each original or transferred Certificate of Handgun
Registration. All moneys received from this $20 fee shall be
deposited as follows:
(1) $10 to the Handgun Certificate Administration Fund
for the administration of handgun registration;
(2) $5 to the Illinois LEADS Information and Technology
Improvement Fund; and
(3) $5 to the National Instant Criminal Background
Check System Improvement Fund.
(g) A nonrefundable fee of $10 shall be payable for each
duplicate or replacement Certificate of Handgun Registration.
All moneys received from this $10 fee shall be deposited into
the Handgun Certificate Administration Fund for the
administration of handgun registration.
(h) Certificates of Handgun Registration shall expire
every 5 years. The fee for renewal of a Certificate of Handgun
Registration is $10. All moneys received from this $10 fee
shall be deposited into the Handgun Certificate Administration

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Fund for the administration of handgun registration.
(i) Every person issued a Certificate of Handgun
Registration shall notify the Department in the manner
prescribed by the Department within 72 hours of the following:
(1) a change in any of the information appearing on the
Certificate of Handgun Registration; or
(2) the sale, transfer, inheritance, or other
disposition of the registered handgun.
(j) A person issued a Certificate of Handgun Registration,
in addition to any other requirements of this Section, shall
immediately return to the Department his or her Certificate of
Handgun Registration for any handgun which is lost, stolen,
destroyed, or otherwise disposed of.
(k) If an owner transfers ownership of a handgun, he or she
shall execute to the transferee, at the time of the delivery of
the handgun, an assignment of registration in the space
provided on the Certificate of Handgun Registration, and shall
cause the certificate and assignment to be delivered to the
transferee.
(k-5) In the case of a federally licensed firearm dealer
making a sale of a new handgun, the dealer shall submit the
application described in subsection (c) of this Section along
with the required fee to the Department on the purchaser's
behalf within 20 days from the date of sale. If the purchaser
does not receive an original Certificate of Handgun
Registration or a written denial of the application submitted

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on his or her behalf by the dealer within 50 days from the date
of purchase, the purchaser shall inquire to the Department
regarding the status of his or her application.
(l) Within 20 days after the delivery to a transferee of a
handgun or the delivery of the certificate and assignment,
whichever occurs sooner, the transferee shall execute the
application for a new Certificate of Handgun Registration in
the space provided on the certificate and cause the certificate
and application to be mailed or delivered to the Department.
(m) No transferee shall knowingly accept ownership of a
handgun from a transferor who has failed to obtain a
Certificate of Handgun Registration in violation of this
Section, or who fails to execute an assignment of registration
to the transferee as required by subsection (k) of this
Section.
(n) Any person who accepts delivery of a handgun that has
not been previously registered and assigned to the transferee
shall file an application for an original Certificate of
Handgun Registration within 20 days after taking possession of
the handgun. Any person who owns a handgun on the effective
date of this Act shall file an application for an original
Certificate of Handgun Registration not later than 90 days
after the effective date of this Act.
(o) Transfer of ownership of a registered handgun shall not
be considered complete until the transferee has complied with
subsection (l) of this Section, provided that a transferor who

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has complied with subsection (k) of this Section, and has
complied with the requirements of Section 3 and 3.1 of the
Firearm Owners Identification Card Act, if applicable, shall
not be liable as an owner by virtue of the transferee's failure
to comply with subsection (l) for damages arising out of use of
the handgun.
(p) The Department has authority to deny an application for
or to revoke and seize a Certificate of Handgun Registration
previously issued under this Section if the Department finds
that:
(1) the person does not possess a valid Firearm Owner's
Identification Card;
(2) false or misleading information was submitted to
the Department in connection with the application; or
(3) the handgun is unlawful for the applicant to own.
(q) The Department of State Police and local law
enforcement may exchange any information that is necessary for
the proper administration of this Section unless the exchange
is specifically prohibited by State or federal law.
(r) Whenever an application for a Certificate of Handgun
Registration is denied, whenever the Department fails to act on
an application within 30 days of its receipt, or whenever a
certificate is revoked or seized, the aggrieved party may
appeal to the Director of the Department of State Police for a
hearing upon the denial, failure to act, revocation, or
seizure, unless the denial, failure to act, revocation, or

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seizure was based upon a forcible felony, stalking, aggravated
stalking, domestic battery, any violation of the Illinois
Controlled Substances Act, the Methamphetamine Control and
Community Protection Act, or the Cannabis Control Act that is
classified as a Class 2 or greater felony, any felony violation
of Article 24 of the Criminal Code of 2012, or any adjudication
as a delinquent minor for the commission of an offense that if
committed by an adult would be a felony, in which case the
aggrieved party may petition the circuit court in writing in
the county of his or her residence for a hearing upon the
denial, failure to act, revocation, or seizure.
(1) At least 30 days before any hearing in the circuit
court, the petitioner shall serve the appropriate State's
Attorney with a copy of the petition. The State's Attorney
may object to the petition and present evidence. At the
hearing the court shall determine whether substantial
justice has been done. Should the court determine that
substantial justice has not been done, the court shall
issue an order directing the Department of State Police to
issue a Certificate of Handgun Registration.
(2) Any person prohibited from possessing a handgun
under Sections 24-1.1 or 24-3.1 of the Criminal Code of
2012 or acquiring a Certificate of Handgun Registration
under this Section may apply to the Director of the
Department of State Police or petition the circuit court in
the county where the petitioner resides, whichever is

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applicable in accordance with this subsection (r),
requesting relief from the prohibition and the Director or
court may grant this relief if it is established by the
applicant to the court's or Director's satisfaction that:
(A) when in the circuit court, the State's Attorney
has been served with a written copy of the petition at
least 30 days before any hearing in the circuit court
and at the hearing the State's Attorney was afforded an
opportunity to present evidence and object to the
petition;
(B) the applicant has not been convicted of a
forcible felony under the laws of this State or any
other jurisdiction within 20 years of the applicant's
application for a Certificate of Handgun Registration,
or at least 20 years have passed since the end of any
period of imprisonment imposed in relation to that
conviction;
(C) the circumstances regarding a criminal
conviction, where applicable, the applicant's criminal
history and his or her reputation are such that the
applicant will not be likely to act in a manner
dangerous to public safety; and
(D) granting relief would not be contrary to the
public interest.
(3) When a minor is adjudicated delinquent for an
offense which if committed by an adult would be a felony,

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the court shall notify the Department of State Police.
(4) The court shall review the denial of an application
or the revocation of a Certificate of Handgun Registration
of a person who has been adjudicated delinquent for an
offense that if committed by an adult would be a felony if
an application for relief has been filed at least 10 years
after the adjudication of delinquency and the court
determines that the applicant should be granted relief from
disability to obtain a Certificate of Handgun
Registration. If the court grants relief, the court shall
notify the Department that the disability has been removed
and that the applicant is eligible to obtain a Certificate
of Handgun Registration.
(5) Any person who is prohibited from possessing a
handgun under 18 U.S.C. 922(d)(4) and 922(g)(4) of the
federal Gun Control Act of 1968 may apply to the Department
of State Police requesting relief from the prohibition and
the Director shall grant this relief if it is established
to the Director's satisfaction that the person will not be
likely to act in a manner dangerous to public safety and
granting relief would not be contrary to the public
interest.
(s) Notwithstanding any other provision of law, including
the Freedom of Information Act, it is the public policy of this
State that the names and information of persons who have
applied for or received Certificates of Handgun Registration

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under this Section are considered private and shall not be
disclosed. No State or local law enforcement agency shall
provide the names and information of holders of or applicants
for Certificates of Handgun Registration, except that the
Department may provide confirmation that a person has or has
not been issued, applied for, or denied a Certificate of
Handgun Registration in connection with a criminal
investigation.
(t) The Department of State Police may perform its duties
under this Act through the Department's Firearm Owner's
Identification Card Office.
(u) Altered, forged or counterfeit Certificate of Handgun
Registration.
(1) Any person who forges or materially alters a
Certificate of Handgun Registration or who counterfeits a
Certificate of Handgun Registration commits a Class 2
felony.
(2) Any person who knowingly possesses a forged or
materially altered Certificate of Handgun Registration
with the intent to use it commits a Class 2 felony.
(3) A person who possesses a Certificate of Handgun
Registration with knowledge that it is counterfeit commits
a Class 2 felony.
(v) Certificate of Handgun Registration and handgun
transfer violations.
(1) Any person who transports or possesses a handgun

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without a current Certificate of Handgun Registration
commits a Class 2 felony.
(2) Any person who knowingly enters false or misleading
information or who submits false or misleading evidence in
connection with the application described in subsection
(c) of this Section commits a Class 2 felony.
(3) Any person who sells, transfers, or otherwise
disposes of his or her registered handgun and does not
notify the Department of that sale, transfer, or
disposition within the timelines in this Section commits a
Class A misdemeanor.
(4) Any federally licensed dealer who does not submit
an application on behalf of a purchaser in accordance with
subsection (k-5) of this Section commits a Class A
misdemeanor.
Section 80. Firearm carry prohibition; schools.
(a) No person may knowingly carry a firearm into any
preschool, elementary school, or secondary school or any
portion of any school building thereof; or any school property
surrounding a preschool, elementary school, or secondary
school building, including but not limited to sidewalks and
parking lot areas adjacent to or near preschool, elementary
school, or secondary school property.
(b) The exemptions and provisions in subsections (a), (b),
(f), (g-6), (g-10), (h), and (i) of Section 24-2 of the

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Criminal Code of 2012 apply to this Section.
(c) The United States Supreme Court in District of Columbia
v. Heller, 554 U.S. 570, 128 S.Ct. 2783 (2008) has recognized
that the Second Amendment to the United States Constitution
does not confer an unlimited right and that states may prohibit
the carrying of firearms in sensitive places. The Supreme Court
stated in the Heller decision: "Although we do not undertake an
exhaustive historical analysis today of the full scope of the
Second Amendment, nothing in our opinion should be taken to
cast doubt on longstanding prohibitions on the possession of
firearms by felons and the mentally ill, or laws forbidding the
carrying of firearms in sensitive places such as schools and
government buildings . . ." The Supreme Court also noted in a
footnote referencing this statement in the Heller decision
that: "We identify these presumptively lawful regulatory
measures only as examples; our list does not purport to be
exhaustive." This recognition was reiterated by the U. S.
Supreme Court in McDonald v. the City of Chicago, 561 U.S.
3025, 130 S.Ct. 3020 (2010), which incorporated the Second
Amendment against state action. The Supreme Court again stated:
"We made it clear in Heller that our holding did not cast doubt
on such longstanding regulatory measures as "prohibitions on
the possession of firearms by felons and the mentally ill,"
"laws forbidding the carrying of firearms in sensitive places
such as schools and government buildings . . . We repeat those
assurances here." Further, the federal 7th Circuit Court of

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Appeals in Moore v. Madigan, 702 F.3d. 933 (7th Cir., 2012)
cited the "sensitive place" statement of the Supreme Court in
both the Heller and McDonald decisions and concluded: "That a
legislature can forbid the carrying of firearms in schools and
government buildings means that any right to possess a gun for
self-defense outside the home is not absolute, and it is not
absolute by the Supreme Court's own terms." Therefore, the
General Assembly finds that the place or location set forth in
subsection (a) of this Section is a sensitive place and the
prohibition on the carrying of firearms will promote public
safety in this sensitive place.
Section 100. Firearm carry prohibition; State and local
government.
(a) No person may knowingly carry a firearm into any
building under the control of the State, General Assembly,
General Assembly support service agency, including a building
in which a committee of the General Assembly convenes for the
purpose of conducting meetings of committees, joint
committees, legislative commissions, and any property or
parking lot area under control of the General Assembly that is
adjacent to or near a prohibited building in this Section.
(b) No person may knowingly carry a firearm into any
building owned or occupied by a governing body of a unit of
local government, or any property or parking lot area adjacent
to or near a local government building. For the purposes of

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this Section, "unit of local government" means a county,
municipality, township, special district, and unit, designated
as a unit of local government by law, which exercises limited
governmental powers or powers in respect to limited
governmental subjects, but does not include a school district.
(c) No person may knowingly carry a firearm into any
building under control of the Governor, Lieutenant Governor,
Attorney General, Secretary of State, Comptroller, or
Treasurer, and any property or parking lot area adjacent to or
near a prohibited building in this Section.
(d) No person may knowingly carry a firearm into any
police, sheriff, State Police, or firefighting office or
station, or onto any adjacent property or parking lot areas
under the control of a police, sheriff, State Police, or
firefighting office or station, without the consent of the
chief law enforcement officer or chief firefighting officer in
charge of that office or station, unless employed by the
police, sheriff, State Police, or firefighting office or
station and authorized by the chief law enforcement officer or
chief firefighting officer to carry a firearm.
(e) No person may knowingly carry a firearm into any adult
or juvenile detention or correctional institution, prison, or
jail, or onto any adjacent property or parking lot area under
the control of an adult or juvenile detention or correctional
institution, prison, or jail, unless employed there and
otherwise authorized to carry a firearm.

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(f) No person may knowingly carry a firearm into any
courthouse or part of a building that is occupied by the
Circuit, Appellate, or Supreme Court, any room designated for
court proceedings by any of these courts, and any property or
parking lot area adjacent to or near courthouses and court
buildings.
(g) The exemptions and provisions in subsections (a), (b),
(f), (g-6), (g-10), (h), and (i) of Section 24-2 of the
Criminal Code of 2012 apply to this Section.
(h) The United States Supreme Court in District of Columbia
v. Heller, 554 U.S. 570, 128 S.Ct. 2783 (2008) has recognized
that the Second Amendment to the United States Constitution
does not confer an unlimited right and that states may prohibit
the carrying of firearms in sensitive places. The Supreme Court
stated in the Heller decision: "Although we do not undertake an
exhaustive historical analysis today of the full scope of the
Second Amendment, nothing in our opinion should be taken to
cast doubt on longstanding prohibitions on the possession of
firearms by felons and the mentally ill, or laws forbidding the
carrying of firearms in sensitive places such as schools and
government buildings . . ." The Supreme Court also noted in a
footnote referencing this statement in the Heller decision
that: "We identify these presumptively lawful regulatory
measures only as examples; our list does not purport to be
exhaustive." This recognition was reiterated by the U. S.
Supreme Court in McDonald v. the City of Chicago, 561 U.S.

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3025, 130 S.Ct. 3020 (2010), which incorporated the Second
Amendment against state action. The Supreme Court again stated:
"We made it clear in Heller that our holding did not cast doubt
on such longstanding regulatory measures as "prohibitions on
the possession of firearms by felons and the mentally ill,"
"laws forbidding the carrying of firearms in sensitive places
such as schools and government buildings . . . We repeat those
assurances here." Further, the federal 7th Circuit Court of
Appeals in Moore v. Madigan, 702 F.3d. 933 (7th Cir., 2012)
cited the "sensitive place" statement of the Supreme Court in
both the Heller and McDonald decisions and concluded: "That a
legislature can forbid the carrying of firearms in schools and
government buildings means that any right to possess a gun for
self-defense outside the home is not absolute, and it is not
absolute by the Supreme Court's own terms." Therefore, the
General Assembly finds that the places or locations set forth
in this Section are sensitive places and the prohibition on the
carrying of firearms will promote public safety in these
sensitive places.
Section 123. Firearm carry prohibition; restaurants with
liquor license. No person may knowingly carry a firearm
into any establishment that maintains a retail liquor license
as provided in subsection (d) of Section 5-1 of the Liquor
Control Act of 1934 and allows for the sale and consumption of
alcoholic beverages on its premises as an on premise

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consumption retailer.
Section 130. Firearm carry prohibition; child care
facility.
(a) No person may knowingly carry a firearm into any
portion of a building used as a child care facility, or any
adjacent property or parking lot area under control of or owned
by a child care facility.
(b) Nothing in this Section shall prevent the owner or
operator of a child care facility in a family home from owning
or possessing a firearm or license, so long as the firearm is
stored unloaded in a locked container.
(c) The exemptions and provisions in subsections (a), (b),
(f), (g-6), (g-10), (h), and (i) of Section 24-2 of the
Criminal Code of 2012 apply to this Section.
(d) The United States Supreme Court in District of Columbia
v. Heller, 554 U.S. 570, 128 S.Ct. 2783 (2008) has recognized
that the Second Amendment to the United States Constitution
does not confer an unlimited right and that states may prohibit
the carrying of firearms in sensitive places. The Supreme Court
stated in the Heller decision: "Although we do not undertake an
exhaustive historical analysis today of the full scope of the
Second Amendment, nothing in our opinion should be taken to
cast doubt on longstanding prohibitions on the possession of
firearms by felons and the mentally ill, or laws forbidding the
carrying of firearms in sensitive places such as schools and

HB1155 Engrossed - 19 - LRB098 08475 RLC 38582 b
government buildings . . ." The Supreme Court also noted in a
footnote referencing this statement in the Heller decision
that: "We identify these presumptively lawful regulatory
measures only as examples; our list does not purport to be
exhaustive." This recognition was reiterated by the U. S.
Supreme Court in McDonald v. the City of Chicago, 561 U.S.
3025, 130 S.Ct. 3020 (2010), which incorporated the Second
Amendment against state action. The Supreme Court again stated:
"We made it clear in Heller that our holding did not cast doubt
on such longstanding regulatory measures as "prohibitions on
the possession of firearms by felons and the mentally ill,"
"laws forbidding the carrying of firearms in sensitive places
such as schools and government buildings . . . We repeat those
assurances here." Further, the federal 7th Circuit Court of
Appeals in Moore v. Madigan, 702 F.3d. 933 (7th Cir., 2012)
cited the "sensitive place" statement of the Supreme Court in
both the Heller and McDonald decisions and concluded: "That a
legislature can forbid the carrying of firearms in schools and
government buildings means that any right to possess a gun for
self-defense outside the home is not absolute, and it is not
absolute by the Supreme Court's own terms." Therefore, the
General Assembly finds that the place or location set forth in
subsection (a) of this Section is a sensitive place and the
prohibition on the carrying of firearms will promote public
safety in this sensitive place.

HB1155 Engrossed - 20 - LRB098 08475 RLC 38582 b
Section 135. Firearm carry prohibition; gaming facility.
(a) No person may knowingly carry a firearm into any gaming
facility or any adjacent property or parking lot area under
control of or owned by a gaming facility licensed under the
Riverboat Gambling Act or the Horse Racing Act of 1975.
(b) No person may knowingly carry a firearm into any
licensed establishment, licensed truck stop establishment,
licensed fraternal establishment, or licensed veterans
establishment licensed under the Video Gaming Act or any
adjacent property or parking lot area under the control of or
owned by a licensed establishment, licensed truck stop
establishment, licensed fraternal establishment, or licensed
veterans establishment licensed under the Video Gaming Act.
(c) The exemptions and provisions in subsections (a), (b),
(f), (g-6), (g-10), (h), and (i) of Section 24-2 of the
Criminal Code of 2012 apply to this Section.
(d) The United States Supreme Court in District of Columbia
v. Heller, 554 U.S. 570, 128 S.Ct. 2783 (2008) has recognized
that the Second Amendment to the United States Constitution
does not confer an unlimited right and that states may prohibit
the carrying of firearms in sensitive places. The Supreme Court
stated in the Heller decision: "Although we do not undertake an
exhaustive historical analysis today of the full scope of the
Second Amendment, nothing in our opinion should be taken to
cast doubt on longstanding prohibitions on the possession of
firearms by felons and the mentally ill, or laws forbidding the

HB1155 Engrossed - 21 - LRB098 08475 RLC 38582 b
carrying of firearms in sensitive places such as schools and
government buildings . . ." The Supreme Court also noted in a
footnote referencing this statement in the Heller decision
that: "We identify these presumptively lawful regulatory
measures only as examples; our list does not purport to be
exhaustive." This recognition was reiterated by the U. S.
Supreme Court in McDonald v. the City of Chicago, 561 U.S.
3025, 130 S.Ct. 3020 (2010), which incorporated the Second
Amendment against state action. The Supreme Court again stated:
"We made it clear in Heller that our holding did not cast doubt
on such longstanding regulatory measures as "prohibitions on
the possession of firearms by felons and the mentally ill,"
"laws forbidding the carrying of firearms in sensitive places
such as schools and government buildings . . . We repeat those
assurances here." Further, the federal 7th Circuit Court of
Appeals in Moore v. Madigan, 702 F.3d. 933 (7th Cir., 2012)
cited the "sensitive place" statement of the Supreme Court in
both the Heller and McDonald decisions and concluded: "That a
legislature can forbid the carrying of firearms in schools and
government buildings means that any right to possess a gun for
self-defense outside the home is not absolute, and it is not
absolute by the Supreme Court's own terms." Therefore, the
General Assembly finds that the places or locations set forth
in subsections (a) and (b) of this Section are sensitive places
and the prohibition on the carrying of firearms will promote
public safety in these sensitive places.

HB1155 Engrossed - 22 - LRB098 08475 RLC 38582 b
Section 140. Firearm carry prohibition; amusement park.
(a) No person may knowingly carry a firearm into any gated
area of an amusement park, or any adjacent property or parking
lot area under control of or owned by an amusement park.
(b) The exemptions and provisions in subsections (a), (b),
(f), (g-6), (g-10), (h), and (i) of Section 24-2 of the
Criminal Code of 2012 apply to this Section.
(c) The United States Supreme Court in District of Columbia
v. Heller, 554 U.S. 570, 128 S.Ct. 2783 (2008) has recognized
that the Second Amendment to the United States Constitution
does not confer an unlimited right and that states may prohibit
the carrying of firearms in sensitive places. The Supreme Court
stated in the Heller decision: "Although we do not undertake an
exhaustive historical analysis today of the full scope of the
Second Amendment, nothing in our opinion should be taken to
cast doubt on longstanding prohibitions on the possession of
firearms by felons and the mentally ill, or laws forbidding the
carrying of firearms in sensitive places such as schools and
government buildings . . ." The Supreme Court also noted in a
footnote referencing this statement in the Heller decision
that: "We identify these presumptively lawful regulatory
measures only as examples; our list does not purport to be
exhaustive." This recognition was reiterated by the U. S.
Supreme Court in McDonald v. the City of Chicago, 561 U.S.
3025, 130 S.Ct. 3020 (2010), which incorporated the Second

HB1155 Engrossed - 23 - LRB098 08475 RLC 38582 b
Amendment against state action. The Supreme Court again stated:
"We made it clear in Heller that our holding did not cast doubt
on such longstanding regulatory measures as "prohibitions on
the possession of firearms by felons and the mentally ill,"
"laws forbidding the carrying of firearms in sensitive places
such as schools and government buildings . . . We repeat those
assurances here." Further, the federal 7th Circuit Court of
Appeals in Moore v. Madigan, 702 F.3d. 933 (7th Cir., 2012)
cited the "sensitive place" statement of the Supreme Court in
both the Heller and McDonald decisions and concluded: "That a
legislature can forbid the carrying of firearms in schools and
government buildings means that any right to possess a gun for
self-defense outside the home is not absolute, and it is not
absolute by the Supreme Court's own terms." Therefore, the
General Assembly finds that the place or location set forth in
subsection (a) of this Section is a sensitive place and the
prohibition on the carrying of firearms will promote public
safety in this sensitive place.
Section 145. Firearm carry prohibition; stadium; arena.
(a) No person may knowingly carry a firearm into any
stadium, arena, or collegiate or professional sporting event,
or any adjacent property or parking lot area under the control
of or owned by a facility where carry is prohibited under this
Section.
(b) The exemptions and provisions in subsections (a), (b),

HB1155 Engrossed - 24 - LRB098 08475 RLC 38582 b
(f), (g-6), (g-10), (h), and (i) of Section 24-2 of the
Criminal Code of 2012 apply to this Section.
(c) The United States Supreme Court in District of Columbia
v. Heller, 554 U.S. 570, 128 S.Ct. 2783 (2008) has recognized
that the Second Amendment to the United States Constitution
does not confer an unlimited right and that states may prohibit
the carrying of firearms in sensitive places. The Supreme Court
stated in the Heller decision: "Although we do not undertake an
exhaustive historical analysis today of the full scope of the
Second Amendment, nothing in our opinion should be taken to
cast doubt on longstanding prohibitions on the possession of
firearms by felons and the mentally ill, or laws forbidding the
carrying of firearms in sensitive places such as schools and
government buildings . . ." The Supreme Court also noted in a
footnote referencing this statement in the Heller decision
that: "We identify these presumptively lawful regulatory
measures only as examples; our list does not purport to be
exhaustive." This recognition was reiterated by the U. S.
Supreme Court in McDonald v. the City of Chicago, 561 U.S.
3025, 130 S.Ct. 3020 (2010), which incorporated the Second
Amendment against state action. The Supreme Court again stated:
"We made it clear in Heller that our holding did not cast doubt
on such longstanding regulatory measures as "prohibitions on
the possession of firearms by felons and the mentally ill,"
"laws forbidding the carrying of firearms in sensitive places
such as schools and government buildings . . . We repeat those

HB1155 Engrossed - 25 - LRB098 08475 RLC 38582 b
assurances here." Further, the federal 7th Circuit Court of
Appeals in Moore v. Madigan, 702 F.3d. 933 (7th Cir., 2012)
cited the "sensitive place" statement of the Supreme Court in
both the Heller and McDonald decisions and concluded: "That a
legislature can forbid the carrying of firearms in schools and
government buildings means that any right to possess a gun for
self-defense outside the home is not absolute, and it is not
absolute by the Supreme Court's own terms." Therefore, the
General Assembly finds that the place or location set forth in
subsection (a) of this Section is a sensitive place and the
prohibition on the carrying of firearms will promote public
safety in this sensitive place.
Section 150. Firearm carry prohibition; hospital; mental
health facility.
(a) No person may knowingly carry a firearm into any
hospital or mental health facility, or onto any adjacent
property or parking lot area under the control of or owned by a
hospital or mental health facility.
(b) The exemptions and provisions in subsections (a), (b),
(f), (g-6), (g-10), (h), and (i) of Section 24-2 of the
Criminal Code of 2012 apply to this Section.
(c) The United States Supreme Court in District of Columbia
v. Heller, 554 U.S. 570, 128 S.Ct. 2783 (2008) has recognized
that the Second Amendment to the United States Constitution
does not confer an unlimited right and that states may prohibit

HB1155 Engrossed - 26 - LRB098 08475 RLC 38582 b
the carrying of firearms in sensitive places. The Supreme Court
stated in the Heller decision: "Although we do not undertake an
exhaustive historical analysis today of the full scope of the
Second Amendment, nothing in our opinion should be taken to
cast doubt on longstanding prohibitions on the possession of
firearms by felons and the mentally ill, or laws forbidding the
carrying of firearms in sensitive places such as schools and
government buildings . . ." The Supreme Court also noted in a
footnote referencing this statement in the Heller decision
that: "We identify these presumptively lawful regulatory
measures only as examples; our list does not purport to be
exhaustive." This recognition was reiterated by the U. S.
Supreme Court in McDonald v. the City of Chicago, 561 U.S.
3025, 130 S.Ct. 3020 (2010), which incorporated the Second
Amendment against state action. The Supreme Court again stated:
"We made it clear in Heller that our holding did not cast doubt
on such longstanding regulatory measures as "prohibitions on
the possession of firearms by felons and the mentally ill,"
"laws forbidding the carrying of firearms in sensitive places
such as schools and government buildings . . . We repeat those
assurances here." Further, the federal 7th Circuit Court of
Appeals in Moore v. Madigan, 702 F.3d. 933 (7th Cir., 2012)
cited the "sensitive place" statement of the Supreme Court in
both the Heller and McDonald decisions and concluded: "That a
legislature can forbid the carrying of firearms in schools and
government buildings means that any right to possess a gun for

HB1155 Engrossed - 27 - LRB098 08475 RLC 38582 b
self-defense outside the home is not absolute, and it is not
absolute by the Supreme Court's own terms." Therefore, the
General Assembly finds that the place or location set forth in
subsection (a) of this Section is a sensitive place and the
prohibition on the carrying of firearms will promote public
safety in this sensitive place.
Section 160. Firearm carry prohibition; library.
(a) No person may knowingly carry a firearm into any
library, or onto any adjacent property or parking lot area
under the control of or owned by a library.
(b) The exemptions and provisions in subsections (a), (b),
(f), (g-6), (g-10), (h), and (i) of Section 24-2 of the
Criminal Code of 2012 apply to this Section.
(c) The United States Supreme Court in District of Columbia
v. Heller, 554 U.S. 570, 128 S.Ct. 2783 (2008) has recognized
that the Second Amendment to the United States Constitution
does not confer an unlimited right and that states may prohibit
the carrying of firearms in sensitive places. The Supreme Court
stated in the Heller decision: "Although we do not undertake an
exhaustive historical analysis today of the full scope of the
Second Amendment, nothing in our opinion should be taken to
cast doubt on longstanding prohibitions on the possession of
firearms by felons and the mentally ill, or laws forbidding the
carrying of firearms in sensitive places such as schools and
government buildings . . ." The Supreme Court also noted in a

HB1155 Engrossed - 28 - LRB098 08475 RLC 38582 b
footnote referencing this statement in the Heller decision
that: "We identify these presumptively lawful regulatory
measures only as examples; our list does not purport to be
exhaustive." This recognition was reiterated by the U. S.
Supreme Court in McDonald v. the City of Chicago, 561 U.S.
3025, 130 S.Ct. 3020 (2010), which incorporated the Second
Amendment against state action. The Supreme Court again stated:
"We made it clear in Heller that our holding did not cast doubt
on such longstanding regulatory measures as "prohibitions on
the possession of firearms by felons and the mentally ill,"
"laws forbidding the carrying of firearms in sensitive places
such as schools and government buildings . . . We repeat those
assurances here." Further, the federal 7th Circuit Court of
Appeals in Moore v. Madigan, 702 F.3d. 933 (7th Cir., 2012)
cited the "sensitive place" statement of the Supreme Court in
both the Heller and McDonald decisions and concluded: "That a
legislature can forbid the carrying of firearms in schools and
government buildings means that any right to possess a gun for
self-defense outside the home is not absolute, and it is not
absolute by the Supreme Court's own terms." Therefore, the
General Assembly finds that the place or location set forth in
subsection (a) of this Section is a sensitive place and the
prohibition on the carrying of firearms will promote public
safety in this sensitive place.
Section 205. Firearm carry prohibition; public

HB1155 Engrossed - 29 - LRB098 08475 RLC 38582 b
transportation.
(a) No person may knowingly carry a firearm on buses,
trains, or any form of transportation paid for in part or whole
with public funds, and any transportation facility and the
surrounding premises under its control.
(b) The exemptions and provisions in subsections (a), (b),
(f), (g-6), (g-10), (h), and (i) of Section 24-2 of the
Criminal Code of 2012 apply to this Section.
(c) The United States Supreme Court in District of Columbia
v. Heller, 554 U.S. 570, 128 S.Ct. 2783 (2008) has recognized
that the Second Amendment to the United States Constitution
does not confer an unlimited right and that states may prohibit
the carrying of firearms in sensitive places. The Supreme Court
stated in the Heller decision: "Although we do not undertake an
exhaustive historical analysis today of the full scope of the
Second Amendment, nothing in our opinion should be taken to
cast doubt on longstanding prohibitions on the possession of
firearms by felons and the mentally ill, or laws forbidding the
carrying of firearms in sensitive places such as schools and
government buildings . . ." The Supreme Court also noted in a
footnote referencing this statement in the Heller decision
that: "We identify these presumptively lawful regulatory
measures only as examples; our list does not purport to be
exhaustive." This recognition was reiterated by the U. S.
Supreme Court in McDonald v. the City of Chicago, 561 U.S.
3025, 130 S.Ct. 3020 (2010), which incorporated the Second

HB1155 Engrossed - 30 - LRB098 08475 RLC 38582 b
Amendment against state action. The Supreme Court again stated:
"We made it clear in Heller that our holding did not cast doubt
on such longstanding regulatory measures as "prohibitions on
the possession of firearms by felons and the mentally ill,"
"laws forbidding the carrying of firearms in sensitive places
such as schools and government buildings . . . We repeat those
assurances here." Further, the federal 7th Circuit Court of
Appeals in Moore v. Madigan, 702 F.3d. 933 (7th Cir., 2012)
cited the "sensitive place" statement of the Supreme Court in
both the Heller and McDonald decisions and concluded: "That a
legislature can forbid the carrying of firearms in schools and
government buildings means that any right to possess a gun for
self-defense outside the home is not absolute, and it is not
absolute by the Supreme Court's own terms." Therefore, the
General Assembly finds that the place or location set forth in
subsection (a) of this Section is a sensitive place and the
prohibition on the carrying of firearms will promote public
safety in this sensitive place.
Section 250-10. Definitions. As used in this Act:
"Concealed firearm" means a loaded or unloaded handgun
carried on or about a person completely or mostly concealed
from view of the public, or carried in a vehicle in such a way
as it is concealed from view of the public.
"Department" means the Department of State Police.
"Director" means the Director of State Police.

HB1155 Engrossed - 31 - LRB098 08475 RLC 38582 b
"Fund" means the Citizen Safety and Self-Defense Trust
Fund.
"Handgun" means any device which is designed to expel a
projectile or projectiles by the action of an explosion,
expansion of gas, or escape of gas that is designed to be held
and fired by the use of a single hand, and includes a
combination of parts from which that firearm can be assembled.
"Handgun" includes, but is not limited, to magazines,
ammunition, laser sighting devices and other accessories
intrinsic to a handgun carried for defensive purposes.
"Handgun" does not include a stun gun or taser.
"License" means a license issued by the Department of State
Police to carry a loaded or unloaded handgun.
"Licensee" means a person issued a license to carry a
concealed firearm.
"Peace officer" means (i) any person who by virtue of his
or her office or public employment is vested by law with a duty
to maintain public order and to make arrests for offenses,
whether that duty extends to all offenses or is limited to
specific offenses, or (ii) any person who, by statute, is
granted and authorized to exercise powers similar to those
conferred upon any peace officer employed by a law enforcement
agency of this State. The term "peace officer" does not apply
to an alderman acting as a conservator of the peace under
Section 3.1-15-25 of the Illinois Municipal Code.

HB1155 Engrossed - 32 - LRB098 08475 RLC 38582 b
Section 250-15. Citizen Safety and Self-Defense Trust
Fund. Fees from applications for licenses shall be deposited
into the Citizen Safety and Self-Defense Trust Fund, a special
fund that is created in the State treasury. Moneys in the Fund
may be invested and any income from investments shall be
deposited into the Fund. Subject to appropriation, moneys in
the Fund shall exclusively be used to assist the Department
with the administrative costs associated with this Act.
Section 250-20. Issuance of licenses to carry a concealed
firearm.
(a) The Department shall issue a license to an applicant
who (i) meets the qualifications of Section 250-25 or Section
250-65; (ii) has provided the application and documentation
required in Section 250-30; and (iii) has submitted the
requisite fees. The Department shall issue a renewal,
corrected, or duplicate license in accordance with this Act.
(a-5) The Department is authorized to issue licenses to
carry a handgun under this Act. A license shall permit the
licensee to:
(1) carry a loaded or unloaded handgun on or about his
or her person, concealed or otherwise;
(2) keep or carry a loaded or unloaded handgun on or
about his or her person when in a vehicle; and
(3) keep a loaded or unloaded handgun openly or
concealed in a vehicle.

HB1155 Engrossed - 33 - LRB098 08475 RLC 38582 b
(a-10) A licensee shall possess a license at all times the
licensee carries a concealed firearm except (i) if the person
is carrying or possessing a concealed firearm and the person is
on his or her land, or in his or her abode or legal dwelling, or
in the abode or legal dwelling of another person as an invitee
with that person's permission; (ii) if the person is authorized
to carry a firearm under Section 24-2 of the Criminal Code of
2012; or (iii) the handgun is broken down in a non-functioning
state, or is not immediately accessible, or is enclosed in a
case, firearm carrying box, shipping box or any other
container.
(a-15) A licensee shall display the license upon the
request of a peace officer or person designated to enforce the
provisions of Section 250-70 when carrying a handgun under the
provisions of this Act.
(b) The Department shall make applications for a license
available upon the effective date of this Act. Applications
shall be available at Department locations, on the Department's
official website, and any other location designated by the
Department.
(c) A completed application for a license shall be
submitted to the Department with all accompanying materials and
fees. The Department shall promptly return an incomplete
application to the applicant. Each applicant for a license
shall submit an $80 application fee to the Department, $75 of
which shall be deposited into the State Police Firearm Services

HB1155 Engrossed - 34 - LRB098 08475 RLC 38582 b
Fund for use in administering the Firearm Owners Identification
Act and this Act, and $5 of which shall be used to ensure the
reporting of individuals prohibited from owning or possessing
firearms due to mental health disqualifiers to the Department
by the Department of Human Services.
(d) The Department may consider an objection to an
application, provided the objection is in writing, includes
specific reasons for the objection, and is submitted with the
application by a municipal law enforcement agency or sheriff.
Any objection submitted by a sheriff or a municipal law
enforcement agency including reports submitted to the
Department must be disclosed to the applicant unless disclosure
would interfere with a criminal investigation. The Department
shall maintain a database of applicants searchable by county
that may be accessible by sheriffs for use in filing an
objection under this subsection.
If an applicant has been arrested 5 times or more for any
reason within the past 7 years, or has been arrested 3 times or
more within the past 7 years for any combination of
gang-related offenses, then the Department shall notify the
municipal law enforcement agency and sheriff of the applicant's
application. In such a case, it is presumed that the municipal
law enforcement agency and sheriff object to the applicant's
application, unless the municipal law enforcement agency and
sheriff affirmatively state, in writing, that it does not
object to the application. For purposes of this subsection,

HB1155 Engrossed - 35 - LRB098 08475 RLC 38582 b
"gang-related offense" is an offense described in paragraph (1)
of subsection (a) of Section 12-6.2, Section 12-6.4, paragraph
(2) of subsection (b) of 16-30, Section 24-1.8, Section 25-5,
paragraph (2) of subsection (b) of Section 31-4, Section 33-4,
Section 33G-4, and subparagraph (iii) of paragraph (1.5) of
subsection (i) of Section 48-1 of the Criminal Code of 2012.
(e) Notwithstanding subsection (a), the Department may
consider any objection or recommendation made by the sheriff or
a municipal law enforcement agency that demonstrates the
applicant is a danger to himself, herself, or others. Based
upon those objections, if the applicant is found by the
Department to be a danger to himself, herself, or others, the
Department shall deny the application and notify the applicant
and the sheriff or the municipal law enforcement agency in
writing, stating the grounds for denial. The notice of denial
must inform the applicant that he or she may, within 90 days
for the first year after this Act takes effect and within 45
days thereafter, appeal the denial and submit additional
materials relevant to the grounds for denial. Upon receiving
the additional documentation, the Department shall reconsider
its decision and inform the applicant within 30 days of the
result of the reconsideration. If upon reconsideration the
Department denies the application, the applicant must be
informed of the right to administrative review.
(f) During an administrative or judicial review of a denial
based on subsection (d) or (e) of this Section, the Department

HB1155 Engrossed - 36 - LRB098 08475 RLC 38582 b
shall have the burden of proving by clear and convincing
evidence that the applicant would pose a danger to the
applicant's self, another, or public safety, or would use a
firearm unlawfully, if granted a license to carry a concealed
firearm under this Act.
(g) The license shall be issued by the Department within 30
days of receipt of a completed application. A license shall be
valid throughout the State for a period of 5 years. If the
Department does not act on the application within the time
period provided in subsection (e), the applicant may file, in
the circuit court of the judicial circuit in which the
applicant resides, a complaint for mandamus to compel a
decision on the application. If the applicant prevails, he or
she shall be entitled to all costs, fees, and damages. If the
court decides that the reason for the denial was arbitrary,
capricious, malicious, or without merit, the court shall award
punitive damages.
(h) Any Illinois resident who has a license or permit to
carry a handgun issued by another state shall be able to carry
a handgun in accordance with this Act using that license for
365 days following the effective date of this Act.
(i) The Department shall adopt rules to implement the
provisions of this Section.
Section 250-25. Qualifications of an applicant for a
license. The Department shall issue a license to an applicant

HB1155 Engrossed - 37 - LRB098 08475 RLC 38582 b
completing an application in accordance with Section 250-30 of
this Act if the person:
(a) is at least 21 years of age;
(b) has a valid Firearm Owner's Identification Card or,
if applying for a non-resident license, has a notarized
document stating that the applicant is eligible under
federal law and the laws of his or her home state to
possess a firearm;
(c) is not prohibited under the Firearm Owners
Identification Card Act or federal law from possessing or
receiving a firearm;
(d) is not the subject of a pending arrest warrant,
prosecution, or proceeding for an offense or action that
could lead to disqualification under subsection (c);
(e) does not chronically or habitually abuse alcoholic
beverages, as evidenced by either of the following within
the 3 years immediately preceding the application:
(1) residential or court-ordered treatment for
alcoholism or alcohol detoxification; or
(2) 2 or more convictions for driving while under
the influence or driving while intoxicated; and
(f) has completed firearms training and any
educational component required in Section 250-85 of this
Act.
Section 250-30. Contents of application.

HB1155 Engrossed - 38 - LRB098 08475 RLC 38582 b
(a) The application shall be in writing, under oath and
penalty of perjury, on a standard form adopted by the
Department and shall be accompanied by the documentation
required in this Section and all applicable fees.
(b) The application shall contain the following
information:
(1) the applicant's name, current address, gender,
date and year of birth, place of birth, height, weight,
hair color, eye color, maiden name or any other name the
applicant has used or identified with, and any address at
which the applicant resided for more than 30 days within
the 5 years preceding the date of the application;
(2) the applicant's drivers license or state
identification card number and the last 4 digits of the
applicant's social security number;
(3) questions to certify or demonstrate the applicant
has completed firearms training and any educational
component required in Section 250-85 of this Act;
(4) a statement that the applicant is a resident of the
State of Illinois, except persons applying under Section
250-65 shall be instructed to submit the information
required in that Section;
(5) a waiver of privacy and confidentiality rights and
privileges enjoyed by the applicant under State and federal
law sufficient to obtain access to juvenile court, criminal
justice, psychological, or psychiatric records, or records

HB1155 Engrossed - 39 - LRB098 08475 RLC 38582 b
relating to the applicant's history, if any, of
institutionalization or inpatient treatment for alcoholism
or alcohol detoxification, as well as an affirmative
request that any person having custody of those records
provide copies of them or information concerning them to
the Department for the sole purpose of making a
determination of an applicant's eligibility under Section
250-25;
(6) a conspicuous warning that false statements made by
the applicant will result in prosecution for perjury in
accordance with Section 32-2 of the Criminal Code of 2012;
(7) an affirmation that the applicant either possesses
a currently valid Illinois Firearm Owner's Identification
Card, in which case the application shall include the card
number, or is applying for the card in conjunction with the
application for a license, except persons applying under
Section 250-65 shall be instructed to submit a copy of a
valid license to carry a handgun issued by their home
state, if applicable, or submit a notarized document
stating the applicant is eligible under the laws of his or
her home state to possess a handgun;
(8) an affirmation that the applicant meets the
requirements of Section 250-25 and is not prohibited under
the Firearm Owners Identification Card Act or federal law
from possessing a firearm; and
(9) an affirmation that the applicant has read and

HB1155 Engrossed - 40 - LRB098 08475 RLC 38582 b
understands Article 7 of the Criminal Code of 2012
(Justifiable Use of Force; Exoneration).
(c) A person applying for a license shall provide a head
and shoulder color photograph in a size specified by the
Department that was taken within the 30 days preceding the date
of the application. The applicant shall consent to the
Department reviewing and using the applicant's digital
driver's license or Illinois Identification Card photograph
and signature, if available. The Secretary of State shall allow
the Department access to the photograph and signature for the
purpose of identifying the applicant and issuing the applicant
a license.
(d) The Department may request a person applying for a
license to submit a full set of legible fingerprints if
necessary to determine the person's identity. Fingerprinting
may be administered by the Department or any other federal,
State, county, or municipal law enforcement agency or private
vendor or company. The cost of fingerprinting shall be paid by
the applicant, provided that the Department or law enforcement
agency may charge no more than $15 for a single set of
fingerprints. Each applicant for a license that the Department
requests to have his or her fingerprints submitted to the
Department shall submit them in an electronic format that
complies with the form and manner for requesting and furnishing
criminal history record information as prescribed by the
Department. These fingerprints shall be checked against the

HB1155 Engrossed - 41 - LRB098 08475 RLC 38582 b
Department and the Federal Bureau of Investigation criminal
history record databases. The Department shall charge
applicants a fee for conducting the criminal history records
check, which shall be deposited in the State Police Services
Fund and shall not exceed the actual cost of the criminal
history records check.
(e) A person applying for a license shall submit a
photocopy of a certificate or other evidence of completion of a
course to show compliance with Section 250-85 of this Act.
(f) The Department is authorized to establish a system for
electronically submitting applications, including applications
for renewal or a replacement license.
Section 250-35. Database of applicants and licensees. Not
more than one year after the effective date of this Act:
(a) The Department shall maintain a database of applicants
for a license and licenses. The database shall be available to
all Illinois law enforcement agencies, State's Attorneys, and
the Attorney General. Members and staff of the judiciary may
access the database for the purpose of determining whether to
confiscate a license or to ensure compliance with this Act or
any other law. The database shall be searchable and provide all
information included in the application, a photo of the
applicant or licensee, and any information related to
violations of this Act.
(a-5) Individual law enforcement agencies or any other

HB1155 Engrossed - 42 - LRB098 08475 RLC 38582 b
entity of local government shall not maintain any separate
records, lists, or searchable databases of applicants and
licensees containing information included in the Department's
database. Any law enforcement agency or other entity that
violates this Section shall be liable for all costs, fees, and
damages of not less than $5,000 per record or name kept in
violation of this Section.
(b) The Department shall make available on its website and
upon request under the Freedom of Information Act statistical
information about the number of licenses issued by county, age,
race, or gender. The report shall be updated monthly. Except as
provided in this subsection, applications and information in
the database shall be confidential and exempt from disclosure
under the Freedom of Information Act. The Department may answer
requests to confirm or deny whether a person has been issued a
license as part of inquiries dealing with a criminal
investigation. Individual law enforcement agencies, State's
Attorneys, the Attorney General, members of the judiciary, and
judicial staff shall sign a confidentiality agreement,
prepared by the Department, prior to receiving access to the
database. No law enforcement agency, State's Attorney, the
Attorney General, or member or staff of the judiciary, other
than the Department, shall provide any information to a
requester not entitled to it by law, except as required or
necessary for the conduct of a criminal investigation.

HB1155 Engrossed - 43 - LRB098 08475 RLC 38582 b
Section 250-40. Suspension or revocation of a license.
(a) A license issued or renewed under this Act shall be
revoked if, at any time, the licensee is found ineligible for a
license based on the criteria set forth in Section 250-25 of
this Act or the licensee no longer possesses a Firearm Owner's
Identification Card or a non-resident licensee if his or her
home state has revoked a license to carry a firearm. A license
shall not be revoked unless the revocation is for reasons
specifically authorized by this Act. This subsection shall not
apply to a person who has filed an application with the State
Police for renewal of a Firearm Owner's Identification Card and
who is not otherwise ineligible to obtain a Firearm Owner's
Identification Card.
(b) A license shall be suspended if an order of protection
under Section 112A-14 of the Code of Criminal Procedure of 1963
or under Section 214 of the Illinois Domestic Violence Act of
1986 is issued against a licensee. The license shall be
suspended for the duration of the order or until the order is
terminated by a court and the Department shall not reissue or
renew a license for the duration of the order or until the
order is terminated. If an order of protection is issued
against a licensee, the licensee shall surrender the license,
as applicable, to the court at the time the order is entered or
to the law enforcement agency or entity designated to serve
process at the time the licensee is served the order. The
court, law enforcement agency, or entity responsible for

HB1155 Engrossed - 44 - LRB098 08475 RLC 38582 b
serving the order shall transmit the license to the Department.
(c) The Department may suspend a license for a violation of
Section 250-70 of this Act in accordance with subsection (i) of
Section 250-70.
(d) A license shall be invalid upon expiration of the
license, unless the licensee has submitted an application to
renew the license. A person who fails to renew his or her
license within 6 months after its expiration must reapply for a
new license and pay the fee for a new application.
(e) The Department may suspend a license for up to 90 days
if a licensee fails to submit a change of address or name or
fails to report a lost or destroyed license to the Department
within 60 days of the discovery of the loss or destruction of
the license.
Section 250-45. Renewal of license.
(a) Not later than 120 days before the expiration of any
license issued under this Act, the Department shall notify the
licensee in writing of the expiration and furnish an
application for renewal of the license or make the application
available on-line.
(b) Applications for renewal of a license shall be made to
the Department. A license shall be renewed for a period of 5
years upon receipt of a completed renewal application and a $25
renewal fee. An applicant for a renewal shall submit, on a form
prescribed by the Department, proof that the applicant has: (i)

HB1155 Engrossed - 45 - LRB098 08475 RLC 38582 b
participated in at least one shooting competition with a
handgun within 6 months of the application for renewal and
attested to by any instructor qualified under this Act; or (ii)
completed an equivalent range exercise as prescribed in Section
250-85 and attested to by any instructor qualified under this
Act. The Department shall make the range recertification form
available on its website or as part of a renewal application.
Section 250-50. Change of address, change of name, or lost
or destroyed licenses.
(a) The licensee shall notify the Department within 60 days
of: (i) moving or changing a residence or any change of name;
or (ii) the discovery of the loss or destruction of a license.
(b) If a licensee changes residence within this State or
changes his or her name, the licensee shall request a new
license. The licensee shall submit a $25 fee, a notarized
statement that the licensee has changed residence or his or her
name, and a photograph as required in Section 250-30 of this
Act. The statement must include the prior and current address
or name and the date the applicant moved or changed his or her
name.
(c) A lost or destroyed license shall be invalid. To
request a new license, the licensee shall submit (i) a $25 fee,
(ii) a notarized statement that the licensee no longer
possesses the license and that it was lost or destroyed, or
(iii) a copy of a police report stating that the license was

HB1155 Engrossed - 46 - LRB098 08475 RLC 38582 b
lost, destroyed, or stolen, and (iv) a photograph as required
in Section 250-30 of this Act.
Section 250-65. Non-resident applications and reciprocity.
(a) A person from another state or territory of the United
States may apply for a non-resident license. The applicant
shall apply to the Department and must meet the qualifications
established in Section 250-25. The applicant shall submit:
(1) the application and documentation required in
Section 250-30;
(2) a notarized document stating the applicant:
(A) is eligible under federal law and the laws of
his or her home state to possess a firearm;
(B) if applicable, has a license or permit to carry
a firearm or concealed firearm issued by his or her
home state and that a copy is attached to the
application;
(C) is familiar with Illinois laws pertaining to
the possession and transport of firearms; and
(D) acknowledges that the applicant is subject to
the jurisdiction of the Department and Illinois courts
for any violation of this Act; and
(3) a $25 application fee.
In lieu of an Illinois State driver's license or
identification card, the person shall provide similar
documentation from his or her state or territory; a

HB1155 Engrossed - 47 - LRB098 08475 RLC 38582 b
non-resident shall not be required to have a Firearm Owner's
Identification Card.
(b)(1) Notwithstanding subsection (a) a nonresident of
Illinois may carry a handgun in accordance with this Act if the
nonresident:
(A) is 21 years of age or older;
(B) has in his or her immediate possession a valid
license that authorizes the individual to carry a concealed
firearm issued to him or her by his or her home state; and
(C) is a legal resident of the United States.
The Department shall recognize any other state's license or
permit whose requirements to obtain a license or permit is
substantially similar to those requirements contained in
Section 250-85. When required by another state, the Department
shall enter into a reciprocal agreement with that state. Those
states with substantially similar laws include, but are not
limited to: Arizona, California, Florida, Iowa, Kentucky,
Michigan, Minnesota, Missouri, New Mexico, Ohio, Tennessee,
Texas, and Wisconsin.
(2) A nonresident is subject to the same laws and
restrictions with respect to carrying a handgun as a resident
of Illinois who is licensed under this Act.
(3) If the resident of another state who is the holder of a
valid license to carry a concealed weapon or concealed firearm
issued in another state establishes legal residence in this
State the license shall remain in effect for 90 days following

HB1155 Engrossed - 48 - LRB098 08475 RLC 38582 b
the date on which the holder of the license establishes legal
residence in this State. For the purposes of this paragraph,
the person may establish legal residence in this State by: (A)
registering to vote; or (B) obtaining an Illinois driver's
license or state identification card; or (C) filing for
homestead tax exemption on property in this State.
Section 250-70. Restrictions.
(a) No license issued under this Act shall authorize any
person to knowingly carry a concealed firearm into:
(1) Any building under control of the General Assembly
or any of its support service agencies, including the
portion of a building in which a committee of the General
Assembly convenes for the purpose of conducting meetings of
committees, joint committees, or legislative commissions;
except that nothing in this Section shall prevent a member
of the General Assembly from allowing licensees to carry a
firearm into his or her district office.
(2) Any courthouse or part of that building that is
occupied by the Circuit, Appellate, or Supreme Court, or a
room designated for court proceedings by any of these
courts, except as provided in subsection (a-5).
(3) Any meeting of the governing body of a unit of
local government or special district.
(4) Any establishment licensed to dispense alcoholic
beverages for consumption on the premises if less than 50%

HB1155 Engrossed - 49 - LRB098 08475 RLC 38582 b
of its annual gross income comes from the sale of food.
(5) Any secure area of an airport to which access is
controlled by the inspection of persons and property.
(6) Any place where the carrying of a firearm is
prohibited by federal law.
(7) Any elementary or secondary school building
without the consent of school authorities. School
authorities shall inform the appropriate law enforcement
agency and any law enforcement personnel on site of that
consent.
(8) Any portion of a building used as a child care
facility without the consent of the owner or manager.
Nothing in this Section shall prevent the operator of a
child care facility in a family home from owning or
possessing a firearm or license.
(9) Any casino licensed under the Riverboat Gambling
Act. This shall not apply to any place of business that is
not a casino licensed for video gaming.
(10) Any gated area of an amusement park.
(11) Any stadium, arena, or collegiate or professional
sporting event.
(12) A residential mental health facility.
(13) Any community college, college, or university
building without consent of the school authorities. School
authorities shall inform the appropriate law enforcement
agency and any law enforcement personnel on site of that

HB1155 Engrossed - 50 - LRB098 08475 RLC 38582 b
consent. A community college, college, or university may
prohibit the carrying of a firearm on its campus.
(14) A public library building without the written
consent of the library's governing body. The governing body
shall inform the appropriate law enforcement agency of that
consent.
(15) Any police, sheriff, or State Police office or
station without the consent of the chief law enforcement
officer in charge of that office or station.
(16) Any adult or juvenile detention or correctional
institution, prison, or jail.
(a-5) Judges, State's Attorneys and assistant State's
Attorneys with the permission of the State's Attorney, who
possess a valid license under this Act may possess a firearm in
any courthouse in which they are employed, but shall be
required to follow any rules applicable to sworn peace officers
to maintain facility security.
(b) A municipality, county, or school district may prohibit
or limit licensees from carrying a firearm into or within any
building or portion of any building owned, leased, or
controlled by the municipality, county, or school district by a
majority vote of the members of its legislative body or
governing board. The resolution, ordinance, or policy shall not
prohibit a licensee from carrying a concealed firearm into or
within any building used for public housing; into or within any
publicly-accessible restroom or rest stop; into, within, or on

HB1155 Engrossed - 51 - LRB098 08475 RLC 38582 b
any bridge, tunnel, overpass, underpass, elevated walkway, or
other structure used as a public right of way; or into or
within any publicly-accessible parking facility. The
resolution, ordinance, or policy shall not prohibit a licensee
from carrying a concealed firearm in a public transportation
facility or while accessing the services of a public
transportation agency, including while traveling via public
transportation. For purposes of this Section, "public
transportation agency" means a public or private agency, or any
combination thereof, that provides for the transportation or
conveyance of persons by means available to the general public,
except taxicabs, livery cabs, or limousines. Violators of the
resolution or ordinance may be removed from the premises and
assessed a civil fine of up to $100.
(c) The owner of a business or commercial lessee, or a
private business enterprise, or any other private
organization, entity, or person, may prohibit licensees from
carrying a concealed firearm on the premises under its control.
However, a private landlord of a residential or commercial
property shall not prohibit any lessee from possessing or
carrying a firearm in accordance with this Act in or on the
leased premises or during ingress or egress of the leased
premises. The owner, business or commercial lessee, or manager
of a private business enterprise or any other private
organization, entity, or person who allows the carrying of a
firearm by a licensee shall not be liable for any act of the

HB1155 Engrossed - 52 - LRB098 08475 RLC 38582 b
licensee that arises out of the licensee carrying a firearm.
(c-1) The Governor, Lieutenant Governor, Attorney General,
Secretary of State, Comptroller, or Treasurer may prohibit
licensees from carrying a handgun in buildings under their
control.
(d) Any person licensed under this Act who is prohibited
from carrying a concealed firearm into a building by the
provisions of subsection (a) or under an ordinance, resolution,
or policy adopted in accordance with subsection (b) or (c)
shall be permitted to store that firearm or ammunition out of
plain sight in his or her locked vehicle or in a locked
compartment or container within or securely affixed to the
outside of the vehicle. A licensee shall not be in violation of
this Section while he or she is traversing a public right of
way that touches or crosses any of the premises specified in
subsection (a) or from which firearms are prohibited under the
provisions of subsection (b) or (c), provided that the firearm
is carried on his or her person or in a vehicle in accordance
with this Act or is being transported in a case or container in
accordance with applicable law. A licensee shall not be in
violation of subsection (b) or (c) if the responsible party for
the premises fails to conspicuously post notice of the
prohibition at all public entrances to the building in
accordance with subsection (g).
(e) If a law enforcement officer initiates an investigative
stop, including but not limited to a traffic stop, of a

HB1155 Engrossed - 53 - LRB098 08475 RLC 38582 b
licensee who is carrying a concealed firearm under the
provisions of this Act, the licensee shall disclose as soon as
reasonably possible to the officer that he or she is in
possession of a concealed firearm under this Act. Disclosure
may be accomplished by oral notification or by providing or
displaying the license to carry a concealed firearm to the
officer. Any firearm that is removed from a licensee during an
investigative stop shall be returned immediately to the
licensee in its original condition upon conclusion of the stop
unless the licensee is placed under arrest.
(f) A licensee shall not carry a handgun under the
provisions of this Act while under the influence of illegal
drugs or hallucinogenic drugs or alcohol. For the purposes of
this subsection (f), under the influence of alcohol means a
blood alcohol content of .08 or greater.
(g) Signs stating that the carrying of a firearm is
prohibited shall be clearly and conspicuously posted at every
entrance of a building or premises specified in subsection (a)
or designated in accordance with subsection (b) or (c). Signs
shall be of a uniform size and design, not smaller than 8
inches by 10 inches as prescribed by the Department. The
Department shall adopt rules for standardized signs to be used
under this subsection.
(h) A violation of subsection (a), (b), (c), (d), or (f),
shall not be a criminal offense, but the licensee may be denied
access to or removed from the premises by management,

HB1155 Engrossed - 54 - LRB098 08475 RLC 38582 b
administration, or an authorized agent of the facility. If the
licensee refuses to obey these requests, law enforcement may be
summoned and the licensee may be cited for a petty offense and
fined not more than $100 plus costs for the first offense. If a
second violation occurs within 6 months of the first, the fine
may be up to $200 plus costs and the license to carry a handgun
may be suspended for 30 days. If a third violation occurs
within a year of the first offense, the fine may be up to $500
plus costs and the license may be suspended for 6 months. If a
licensee has more than 5 violations in 2 years for the above
offenses, the Department may revoke the license to carry a
handgun and the licensee shall not be eligible to receive
another license for a period of 3 years after the last
violation. After the revocation period expires, the licensee
shall file a new application with new documentation as
prescribed in Section 250-30 or Section 250-65 in order to
receive a new license.
(i) A violation of subsection (e) is a petty offense; the
licensee may be fined up to $200 plus costs plus a $50 fee to be
deposited in the Citizen Safety and Self-Defense Fund. A second
violation of subsection (e) may carry a fine of up to $500 plus
costs and $50 fee and suspension of the license for up to 6
months. A licensee with 3 or more violations of subsection (e)
within 2 years may have his or her license revoked for up to 3
years. After the revocation period expires, the licensee shall
file a new application with new documentation as prescribed in

HB1155 Engrossed - 55 - LRB098 08475 RLC 38582 b
Section 250-30 or Section 250-65 in order to receive a new
license.
Section 250-75. Immunity, employees, and agents. The
office of the county sheriff, or any employee or agent of the
county sheriff, or the Department of State Police shall not be
liable for damages in any civil action arising from alleged
wrongful or improper granting, renewing, or failure to revoke
licenses issued under this Act, except for willful or wanton
misconduct. The office of the county sheriff and any employees
or agents shall not be liable for submitting specific or
articulable reasons why an applicant should be denied a
license, unless the objection contains false, malicious, or
inaccurate information and the objection constituted willful
and wanton misconduct. Any owner, business or commercial
lessee, landlord, manager of a private business enterprise,
employer, or any other organization, entity, person, public or
private college, university, or post-secondary educational
institution that does not prohibit licensees from carrying
firearms on property it owns or occupies is immune from any
liability arising from its decision.
Section 250-80. Fees.
(a) Fees collected under this Act by the Department and
deposited into the Citizen Safety and Self-Defense Trust Fund
shall be appropriated for administration of this Act.

HB1155 Engrossed - 56 - LRB098 08475 RLC 38582 b
(b) Fees shall be:
New license: $80.
Renewal of license: $25.
Duplicate license due to lost or destroyed: $15.
Corrected license due to change of address or name: $15.
(c) By March 1 of each year, the Department shall submit a
statistical report to the Governor, the President of the
Senate, and the Speaker of the House of Representatives
indicating the number of licenses issued, revoked, suspended,
denied, and issued after appeal since the last report and in
total and also the number of licenses currently valid. The
report shall also include the number of arrests and convictions
and the types of crimes committed by licensees since the last
report.
(d) The Secretary of State shall conduct a study to
determine the cost and feasibility of creating a method of
adding an identifiable code, background, or other means to show
that an individual has been issued a license by the Department
on the person's driver's license or State-issued
identification card.
Section 250-85. Applicant training.
(a) Applicants shall provide proof of completion of at
least one of the following courses:
(1) National Rifle Association Basic Personal
Protection In The Home Course.

HB1155 Engrossed - 57 - LRB098 08475 RLC 38582 b
(2) National Rifle Association Basics of Personal
Protection Outside The Home Course.
(3) National Rifle Association Basic Pistol Shooting
Course.
(4) Any other firearms training course of at least 6
hours that covers the following:
(A) handgun safety in the classroom, at home, on
the firing range, and while carrying the firearm;
(B) the basic principles of marksmanship;
(C) care and cleaning of handguns;
(D) laws relating to the justifiable use of force.
(b) Applicants shall provide proof of certification by a
certified instructor that the applicant passed a live fire
exercise with a handgun consisting of:
(1) a minimum of 30 rounds; and
(2) 10 rounds from a distance of 5 yards, 10 rounds
from a distance of 7 yards, and 10 rounds from a distance
of 10 yards at a B-27 silhouette or equivalent target as
approved by the Department.
(b-5) Students may provide their own safe, functional
handgun. The qualification shall be performed with
factory-loaded ammunition.
(b-6) Grades of "passing" shall not be given on range work
to an applicant who:
(1) does not follow the orders of the certified
firearms instructor;

HB1155 Engrossed - 58 - LRB098 08475 RLC 38582 b
(2) in the judgment of the certified firearms
instructor, handles a firearm in a manner that poses a
danger to the applicant or to others; or
(3) during the testing portion of the range work fails
to hit the silhouette portion of the target with 70% of the
30 rounds fired.
(c) The classroom portion of the course may, at the
qualified firearms instructor's discretion, be divided into
segments of not less than 2 hours each.
(d) Instructors shall maintain all records for students'
performance for not less than 5 years.
(e) Certified firearms instructors shall:
(1) allow monitoring of their classes by officials of
any certifying agency;
(2) make all course records available upon demand to
authorized personnel of the Department; and
(3) not divulge course records except as authorized by
the certifying agency.
(f) Fees for applicant training courses shall be set by the
instructor.
(g) An applicant training course shall not have more than
40 students in the classroom portion nor more than 5 students
per range officer engaged in range firing.
(h) Persons with the following training or certifications
are exempt from the requirements of subsection (a) of this
Section:

HB1155 Engrossed - 59 - LRB098 08475 RLC 38582 b
(1) An National Rifle Association certified
instructor.
(2) An individual who has qualified to carry a firearm
as a retired law enforcement officer.
(3) Any active, retired, or honorably discharged
member of the armed forces.
(4) An individual certified as a law enforcement
instructor by the Illinois Law Enforcement Training
Standards Board or other equivalent agency.
Section 250-90. Firearms instructors training.
(a) Not later than 30 days after the effective date of this
Act, the Department shall establish a registry of instructors
who are eligible to teach courses or sign off on range
qualifications, or both, to meet the requirements of Section
250-85 of this Act.
(b) Instructors who are eligible to teach courses and
certify range qualifications shall have one of the following
valid firearms instructor certifications:
(1) National Rifle Association Personal Protection
Instructor;
(2) National Rifle Association Basic Pistol
Instructor;
(3) National Rifle Association Law Enforcement Firearm
Instructor with a certification for handguns;
(4) Certification from a firearms instructor's course

HB1155 Engrossed - 60 - LRB098 08475 RLC 38582 b
offered by a State or federal governmental agency; or
(5) A similar firearms instructor qualifying course
approved by the Illinois Law Enforcement Training
Standards Board.
(c) Instructors who are eligible to teach courses and
certify range qualifications shall be at least 21 years of age
and possess at least a high school diploma or GED certificate.
(d) An applicant may have his or her instructor
qualification revoked if the applicant:
(1) does not meet the requirements of this Act to
possess a concealed firearms permit;
(2) provides false or misleading information to the
Board; or
(3) has had a prior instructor qualification revoked by
the Board or other certifying organization.
Section 250-95. Home Rule Preemption. The regulation and
licensing of firearms, including their possession, carrying,
transportation, or the issuance of licenses to carry concealed
firearms, is an exclusive power and function of the State.
Except as provided in subsection (b) of Section 250-70, a home
rule unit shall not regulate the possession, carrying, or
transportation of firearms, their components or accessories,
or ammunition. A home rule unit shall not require registration
of firearms, regulate the number of firearms, or make any other
requirements or regulations of a person licensed under this

HB1155 Engrossed - 61 - LRB098 08475 RLC 38582 b
Act. This Section is a limitation under subsection (i) of
Section 6 of Article VII of the Illinois Constitution on the
exercise by home rule units of powers and functions exercised
by the State. Any unit of local government that violates this
Section shall be liable for all costs, fees, and damages to
anyone impacted by any rule or ordinance.
Section 250-100. Expedited appeal. A judgment of a circuit
court declaring this Act or any part of this Act
unconstitutional or unenforceable is appealable directly to
the Supreme Court. The notice of appeal shall be filed within
30 days after the judgment of the circuit court declaring this
Act or any part of this Act unconstitutional or unenforceable.
The manner of appeal shall be as provided in Supreme Court
Rules.
Section 250-105. Severability. The provisions of this Act
are severable under Section 1.31 of the Statute on Statutes.
Section 255-5. The Freedom of Information Act is amended by
changing Section 7.5 as follows:
(5 ILCS 140/7.5)
Sec. 7.5. Statutory Exemptions. To the extent provided for
by the statutes referenced below, the following shall be exempt
from inspection and copying:

HB1155 Engrossed - 62 - LRB098 08475 RLC 38582 b
(a) All information determined to be confidential under
Section 4002 of the Technology Advancement and Development Act.
(b) Library circulation and order records identifying
library users with specific materials under the Library Records
Confidentiality Act.
(c) Applications, related documents, and medical records
received by the Experimental Organ Transplantation Procedures
Board and any and all documents or other records prepared by
the Experimental Organ Transplantation Procedures Board or its
staff relating to applications it has received.
(d) Information and records held by the Department of
Public Health and its authorized representatives relating to
known or suspected cases of sexually transmissible disease or
any information the disclosure of which is restricted under the
Illinois Sexually Transmissible Disease Control Act.
(e) Information the disclosure of which is exempted under
Section 30 of the Radon Industry Licensing Act.
(f) Firm performance evaluations under Section 55 of the
Architectural, Engineering, and Land Surveying Qualifications
Based Selection Act.
(g) Information the disclosure of which is restricted and
exempted under Section 50 of the Illinois Prepaid Tuition Act.
(h) Information the disclosure of which is exempted under
the State Officials and Employees Ethics Act, and records of
any lawfully created State or local inspector general's office
that would be exempt if created or obtained by an Executive

HB1155 Engrossed - 63 - LRB098 08475 RLC 38582 b
Inspector General's office under that Act.
(i) Information contained in a local emergency energy plan
submitted to a municipality in accordance with a local
emergency energy plan ordinance that is adopted under Section
11-21.5-5 of the Illinois Municipal Code.
(j) Information and data concerning the distribution of
surcharge moneys collected and remitted by wireless carriers
under the Wireless Emergency Telephone Safety Act.
(k) Law enforcement officer identification information or
driver identification information compiled by a law
enforcement agency or the Department of Transportation under
Section 11-212 of the Illinois Vehicle Code.
(l) Records and information provided to a residential
health care facility resident sexual assault and death review
team or the Executive Council under the Abuse Prevention Review
Team Act.
(m) Information provided to the predatory lending database
created pursuant to Article 3 of the Residential Real Property
Disclosure Act, except to the extent authorized under that
Article.
(n) Defense budgets and petitions for certification of
compensation and expenses for court appointed trial counsel as
provided under Sections 10 and 15 of the Capital Crimes
Litigation Act. This subsection (n) shall apply until the
conclusion of the trial of the case, even if the prosecution
chooses not to pursue the death penalty prior to trial or

HB1155 Engrossed - 64 - LRB098 08475 RLC 38582 b
sentencing.
(o) Information that is prohibited from being disclosed
under Section 4 of the Illinois Health and Hazardous Substances
Registry Act.
(p) Security portions of system safety program plans,
investigation reports, surveys, schedules, lists, data, or
information compiled, collected, or prepared by or for the
Regional Transportation Authority under Section 2.11 of the
Regional Transportation Authority Act or the St. Clair County
Transit District under the Bi-State Transit Safety Act.
(q) Information prohibited from being disclosed by the
Personnel Records Review Act.
(r) Information prohibited from being disclosed by the
Illinois School Student Records Act.
(s) Information the disclosure of which is restricted under
Section 5-108 of the Public Utilities Act.
(t) All identified or deidentified health information in
the form of health data or medical records contained in, stored
in, submitted to, transferred by, or released from the Illinois
Health Information Exchange, and identified or deidentified
health information in the form of health data and medical
records of the Illinois Health Information Exchange in the
possession of the Illinois Health Information Exchange
Authority due to its administration of the Illinois Health
Information Exchange. The terms "identified" and
"deidentified" shall be given the same meaning as in the Health

HB1155 Engrossed - 65 - LRB098 08475 RLC 38582 b
Insurance Accountability and Portability Act of 1996, Public
Law 104-191, or any subsequent amendments thereto, and any
regulations promulgated thereunder.
(u) Records and information provided to an independent team
of experts under Brian's Law.
(v) Names and information of people who have applied for or
received Firearm Owner's Identification Cards under the
Firearm Owners Identification Card Act.
(w) Personally identifiable information which is exempted
from disclosure under subsection (g) of Section 19.1 of the
Toll Highway Act.
(x) Information which is exempted from disclosure under
Section 5-1014.3 of the Counties Code or Section 8-11-21 of the
Illinois Municipal Code.
(y) Information maintained by the Department of State
Police in accordance with subsection (a) of Section 250-35 of
the Family and Personal Protection Act, except as authorized by
that Act.
(Source: P.A. 96-542, eff. 1-1-10; 96-1235, eff. 1-1-11;
96-1331, eff. 7-27-10; 97-80, eff. 7-5-11; 97-333, eff.
8-12-11; 97-342, eff. 8-12-11; 97-813, eff. 7-13-12; 97-976,
eff. 1-1-13.)
Section 255-10. The Department of State Police Law of the
Civil Administrative Code of Illinois is amended by changing
Sections 2605-45 and 2605-300 and by adding Section 2605-595 as

HB1155 Engrossed - 66 - LRB098 08475 RLC 38582 b
follows:
(20 ILCS 2605/2605-45) (was 20 ILCS 2605/55a-5)
Sec. 2605-45. Division of Administration. The Division of
Administration shall exercise the following functions:
(1) Exercise the rights, powers, and duties vested in
the Department by the Governor's Office of Management and
Budget Act.
(2) Pursue research and the publication of studies
pertaining to local law enforcement activities.
(3) Exercise the rights, powers, and duties vested in
the Department by the Personnel Code.
(4) Operate an electronic data processing and computer
center for the storage and retrieval of data pertaining to
criminal activity.
(5) Exercise the rights, powers, and duties vested in
the former Division of State Troopers by Section 17 of the
State Police Act.
(6) Exercise the rights, powers, and duties vested in
the Department by "An Act relating to internal auditing in
State government", approved August 11, 1967 (repealed; now
the Fiscal Control and Internal Auditing Act, 30 ILCS 10/).
(6.5) Exercise the rights, powers, and duties vested in
the Department by the Firearm Owners Identification Card
Act.
(6.10) Exercise the rights, powers, and duties vested

HB1155 Engrossed - 67 - LRB098 08475 RLC 38582 b
in the Department by the Family and Personal Protection
Act.
(7) Exercise other duties that may be assigned by the
Director to fulfill the responsibilities and achieve the
purposes of the Department.
(Source: P.A. 94-793, eff. 5-19-06.)
(20 ILCS 2605/2605-300) (was 20 ILCS 2605/55a in part)
Sec. 2605-300. Records; crime laboratories; personnel. To
do the following:
(1) Be a central repository and custodian of criminal
statistics for the State.
(2) Be a central repository for criminal history record
information.
(3) Procure and file for record information that is
necessary and helpful to plan programs of crime prevention,
law enforcement, and criminal justice.
(4) Procure and file for record copies of fingerprints
that may be required by law.
(5) Establish general and field crime laboratories.
(6) Register and file for record information that may
be required by law for the issuance of firearm owner's
identification cards under the Firearm Owners
Identification Card Act and concealed carry licenses under
the Family and Personal Protection Act.
(7) Employ polygraph operators, laboratory

HB1155 Engrossed - 68 - LRB098 08475 RLC 38582 b
technicians, and other specially qualified persons to aid
in the identification of criminal activity.
(8) Undertake other identification, information,
laboratory, statistical, or registration activities that
may be required by law.
(Source: P.A. 90-18, eff. 7-1-97; 90-130, eff. 1-1-98; 90-372,
eff. 7-1-98; 90-590, eff. 1-1-00; 90-655, eff. 7-30-98; 90-793,
eff. 8-14-98; 91-239, eff. 1-1-00.)
(20 ILCS 2605/2605-595 new)
Sec. 2605-595. State Police Firearm Services Fund.
(a) There is created in the State treasury a special fund
known as the State Police Firearm Services Fund. The Fund shall
receive revenue as provided under Section 5 of the Firearm
Owners Identification Card Act, and under the Family and
Personal Protection Act. The Fund may also receive revenue from
grants, pass-through grants, donations, appropriations, and
any other legal source.
(b) The Department of State Police may use moneys in the
Fund to finance any of its lawful purposes, mandates,
functions, and duties under the Firearm Owners Identification
Card Act or the Family and Personal Protection Act, including
the cost of sending notices of expiration of Firearm Owner's
Identification Cards and concealed carry licenses, the prompt
and efficient processing of applications under the Firearm
Owners Identification Card Act and the Family and Personal

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Protection Act, and support for investigations required under
these Acts.
(c) Investment income that is attributable to the
investment of moneys in the Fund shall be retained in the Fund
for the uses specified in this Section.
(d) The State Police Firearm Services Fund shall not be
subject to fund sweeps or administrative chargebacks.
Section 255-15. The State Police Act is amended by adding
Section 25 as follows:
(20 ILCS 2610/25 new)
Sec. 25. Emergency procurement authorized. In order to
comply with recent court rulings regarding concealed carry in
Illinois, the provisions of this amendatory Act of the 98th
General Assembly, together with any procurements necessary for
the implementation of the Family and Personal Protection Act,
shall be eligible for emergency procurement for a period not
more than 180 days after the effective date of this amendatory
Act.
Section 255-20. The State Finance Act is amended by adding
Sections 5.826 and 5.827 as follows:
(30 ILCS 105/5.826 new)
Sec. 5.826. The Citizen Safety and Self-Defense Trust Fund.

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(30 ILCS 105/5.827 new)
Sec. 5.827. The State Police Firearm Services Fund.
(30 ILCS 105/5.206 rep.)
Section 255-25. The State Finance Act is amended by
repealing Section 5.206.
Section 255-30. The Firearm Owners Identification Card Act
is amended by changing Section 5 and by adding Section 5.1 as
follows:
(430 ILCS 65/5) (from Ch. 38, par. 83-5)
Sec. 5. The Department of State Police shall either approve
or deny all applications within 30 days from the date they are
received, and every applicant found qualified pursuant to
Section 8 of this Act by the Department shall be entitled to a
Firearm Owner's Identification Card upon the payment of a $10
fee. Any applicant who is an active duty member of the Armed
Forces of the United States, a member of the Illinois National
Guard, or a member of the Reserve Forces of the United States
is exempt from the application fee. $6 of each fee derived from
the issuance of Firearm Owner's Identification Cards, or
renewals thereof, shall be deposited in the Wildlife and Fish
Fund in the State Treasury; $1 of such fee shall be deposited
in the State Police Services Fund and $3 of such fee shall be

HB1155 Engrossed - 71 - LRB098 08475 RLC 38582 b
deposited in the State Police Firearm Services Fund Firearm
Owner's Notification Fund. Monies in the State Police Firearm
Services Fund Firearm Owner's Notification Fund shall be used
exclusively to pay for the cost of sending notices of
expiration of Firearm Owner's Identification Cards under
Section 13.2 of this Act, and the purposes specified in Section
2605-595 of the Department of State Police Law of the Civil
Administrative Code of Illinois. Excess monies in the Firearm
Owner's Notification Fund shall be used to ensure the prompt
and efficient processing of applications received under
Section 4 of this Act.
(Source: P.A. 95-581, eff. 6-1-08; 96-91, eff. 7-27-09.)
(430 ILCS 65/5.1 new)
Sec. 5.1. State Police Firearm Services Fund. All moneys
remaining in the Firearm Owner's Notification Fund on the
effective date of this amendatory Act of the 98th General
Assembly shall be transferred into the State Police Firearm
Services Fund, a special fund created in the State treasury, to
be expended by the Department of State Police, for the purposes
specified in Section 5.
Section 255-35. The Criminal Code of 2012 is amended by
changing Sections 21-6, 24-1, 24-1.6, and 24-2 as follows:
(720 ILCS 5/21-6) (from Ch. 38, par. 21-6)

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Sec. 21-6. Unauthorized Possession or Storage of Weapons.
(a) Whoever possesses or stores any weapon enumerated in
Section 33A-1 in any building or on land supported in whole or
in part with public funds or in any building on such land
without prior written permission from the chief security
officer for that such land or building commits a Class A
misdemeanor.
(b) The chief security officer must grant any reasonable
request for permission under paragraph (a).
(c) This Section shall not apply to a person acting
lawfully under the Family and Personal Protection Act.
(d) Subsection (a) shall not apply to any tenant or
resident of any public housing.
(Source: P.A. 89-685, eff. 6-1-97.)
(720 ILCS 5/24-1) (from Ch. 38, par. 24-1)
Sec. 24-1. Unlawful Use of Weapons.
(a) A person commits the offense of unlawful use of weapons
when he knowingly:
(1) Sells, manufactures, purchases, possesses or
carries any bludgeon, black-jack, slung-shot, sand-club,
sand-bag, metal knuckles or other knuckle weapon
regardless of its composition, throwing star, or any knife,
commonly referred to as a switchblade knife, which has a
blade that opens automatically by hand pressure applied to
a button, spring or other device in the handle of the

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knife, or a ballistic knife, which is a device that propels
a knifelike blade as a projectile by means of a coil
spring, elastic material or compressed gas; or
(2) Carries or possesses with intent to use the same
unlawfully against another, a dagger, dirk, billy,
dangerous knife, razor, stiletto, broken bottle or other
piece of glass, stun gun or taser or any other dangerous or
deadly weapon or instrument of like character; or
(3) Carries on or about his person or in any vehicle, a
tear gas gun projector or bomb or any object containing
noxious liquid gas or substance, other than an object
containing a non-lethal noxious liquid gas or substance
designed solely for personal defense carried by a person 18
years of age or older; or
(4) Carries or possesses in any vehicle or concealed on
or about his person except when on his land or in his own
abode, legal dwelling, or fixed place of business, or on
the land or in the legal dwelling of another person as an
invitee with that person's permission, any pistol,
revolver, stun gun or taser or other firearm, except that
this subsection (a) (4) does not apply to or affect
transportation of weapons that meet one of the following
conditions:
(i) are broken down in a non-functioning state; or
(ii) are not immediately accessible; or
(iii) are unloaded and enclosed in a case, firearm

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carrying box, shipping box, or other container by a
person who is not otherwise prohibited from owning or
possessing a firearm under State or federal law has
been issued a currently valid Firearm Owner's
Identification Card; or
(5) Sets a spring gun; or
(6) Possesses any device or attachment of any kind
designed, used or intended for use in silencing the report
of any firearm; or
(7) Sells, manufactures, purchases, possesses or
carries:
(i) a machine gun, which shall be defined for the
purposes of this subsection as any weapon, which
shoots, is designed to shoot, or can be readily
restored to shoot, automatically more than one shot
without manually reloading by a single function of the
trigger, including the frame or receiver of any such
weapon, or sells, manufactures, purchases, possesses,
or carries any combination of parts designed or
intended for use in converting any weapon into a
machine gun, or any combination or parts from which a
machine gun can be assembled if such parts are in the
possession or under the control of a person;
(ii) any rifle having one or more barrels less than
16 inches in length or a shotgun having one or more
barrels less than 18 inches in length or any weapon

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made from a rifle or shotgun, whether by alteration,
modification, or otherwise, if such a weapon as
modified has an overall length of less than 26 inches;
or
(iii) any bomb, bomb-shell, grenade, bottle or
other container containing an explosive substance of
over one-quarter ounce for like purposes, such as, but
not limited to, black powder bombs and Molotov
cocktails or artillery projectiles; or
(8) Carries or possesses any firearm, stun gun or taser
or other deadly weapon in any place which is licensed to
sell intoxicating beverages for consumption on the
premises , or at any public gathering held pursuant to a
license issued by any governmental body or any public
gathering at which an admission is charged, excluding a
place where a showing, demonstration or lecture involving
the exhibition of unloaded firearms is conducted.
This subsection (a)(8) does not apply to any auction or
raffle of a firearm held pursuant to a license or permit
issued by a governmental body, nor does it apply to persons
engaged in firearm safety training courses or acting in
accordance with the Family and Personal Protection Act; or
(9) Carries or possesses in a vehicle or on or about
his person any pistol, revolver, stun gun or taser or
firearm or ballistic knife, when he is hooded, robed or
masked in such manner as to conceal his identity; or

HB1155 Engrossed - 76 - LRB098 08475 RLC 38582 b
(10) Carries or possesses on or about his person, upon
any public street, alley, or other public lands within the
corporate limits of a city, village or incorporated town,
except when an invitee thereon or therein, for the purpose
of the display of such weapon or the lawful commerce in
weapons, or except when on his land or in his own abode,
legal dwelling, or fixed place of business, or on the land
or in the legal dwelling of another person as an invitee
with that person's permission, any pistol, revolver, stun
gun or taser or other firearm, except that this subsection
(a) (10) does not apply to or affect transportation of
weapons that meet one of the following conditions:
(i) are broken down in a non-functioning state; or
(ii) are not immediately accessible; or
(iii) are unloaded and enclosed in a case, firearm
carrying box, shipping box, or other container by a
person who is not otherwise prohibited from owning or
possessing a firearm under State or federal law has
been issued a currently valid Firearm Owner's
Identification Card.
A "stun gun or taser", as used in this paragraph (a)
means (i) any device which is powered by electrical
charging units, such as, batteries, and which fires one or
several barbs attached to a length of wire and which, upon
hitting a human, can send out a current capable of
disrupting the person's nervous system in such a manner as

HB1155 Engrossed - 77 - LRB098 08475 RLC 38582 b
to render him incapable of normal functioning or (ii) any
device which is powered by electrical charging units, such
as batteries, and which, upon contact with a human or
clothing worn by a human, can send out current capable of
disrupting the person's nervous system in such a manner as
to render him incapable of normal functioning; or
(11) Sells, manufactures or purchases any explosive
bullet. For purposes of this paragraph (a) "explosive
bullet" means the projectile portion of an ammunition
cartridge which contains or carries an explosive charge
which will explode upon contact with the flesh of a human
or an animal. "Cartridge" means a tubular metal case having
a projectile affixed at the front thereof and a cap or
primer at the rear end thereof, with the propellant
contained in such tube between the projectile and the cap;
or
(12) (Blank); or
(13) Carries or possesses on or about his or her person
while in a building occupied by a unit of government, a
billy club, other weapon of like character, or other
instrument of like character intended for use as a weapon.
For the purposes of this Section, "billy club" means a
short stick or club commonly carried by police officers
which is either telescopic or constructed of a solid piece
of wood or other man-made material.
(b) Sentence. A person convicted of a violation of

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subsection 24-1(a)(1) through (5), subsection 24-1(a)(10),
subsection 24-1(a)(11), or subsection 24-1(a)(13) commits a
Class A misdemeanor. A person convicted of a violation
subsection 24-1(a)(4) or 24-1(a)(10) who is otherwise eligible
to obtain a license under the Family and Personal Protection
Act except for the completion of Section 250-85 of the Act is
guilty of a Class C misdemeanor. A person convicted of a
violation of subsection 24-1(a)(8) or 24-1(a)(9) commits a
Class 4 felony; a person convicted of a violation of subsection
24-1(a)(6) or 24-1(a)(7)(ii) or (iii) commits a Class 3 felony.
A person convicted of a violation of subsection 24-1(a)(7)(i)
commits a Class 2 felony and shall be sentenced to a term of
imprisonment of not less than 3 years and not more than 7
years, unless the weapon is possessed in the passenger
compartment of a motor vehicle as defined in Section 1-146 of
the Illinois Vehicle Code, or on the person, while the weapon
is loaded, in which case it shall be a Class X felony. A person
convicted of a second or subsequent violation of subsection
24-1(a)(4), 24-1(a)(8), 24-1(a)(9), or 24-1(a)(10) commits a
Class 3 felony. The possession of each weapon in violation of
this Section constitutes a single and separate violation.
(c) Violations in specific places.
(1) A person who violates subsection 24-1(a)(6) or
24-1(a)(7) in any school, regardless of the time of day or
the time of year, in residential property owned, operated
or managed by a public housing agency or leased by a public

HB1155 Engrossed - 79 - LRB098 08475 RLC 38582 b
housing agency as part of a scattered site or mixed-income
development, in a public park, in a courthouse, on the real
property comprising any school, regardless of the time of
day or the time of year, on residential property owned,
operated or managed by a public housing agency or leased by
a public housing agency as part of a scattered site or
mixed-income development, on the real property comprising
any public park, on the real property comprising any
courthouse, in any conveyance owned, leased or contracted
by a school to transport students to or from school or a
school related activity, in any conveyance owned, leased,
or contracted by a public transportation agency, or on any
public way within 1,000 feet of the real property
comprising any school, public park, courthouse, public
transportation facility, or residential property owned,
operated, or managed by a public housing agency or leased
by a public housing agency as part of a scattered site or
mixed-income development commits a Class 2 felony and shall
be sentenced to a term of imprisonment of not less than 3
years and not more than 7 years.
(1.5) A person who violates subsection 24-1(a)(4),
24-1(a)(9), or 24-1(a)(10) in any school, regardless of the
time of day or the time of year, in residential property
owned, operated, or managed by a public housing agency or
leased by a public housing agency as part of a scattered
site or mixed-income development, in a public park, in a

HB1155 Engrossed - 80 - LRB098 08475 RLC 38582 b
courthouse, on the real property comprising any school,
regardless of the time of day or the time of year, on
residential property owned, operated, or managed by a
public housing agency or leased by a public housing agency
as part of a scattered site or mixed-income development, on
the real property comprising any public park, on the real
property comprising any courthouse, in any conveyance
owned, leased, or contracted by a school to transport
students to or from school or a school related activity, in
any conveyance owned, leased, or contracted by a public
transportation agency, or on any public way within 1,000
feet of the real property comprising any school, public
park, courthouse, public transportation facility, or
residential property owned, operated, or managed by a
public housing agency or leased by a public housing agency
as part of a scattered site or mixed-income development
commits a Class 3 felony.
(2) A person who violates subsection 24-1(a)(1),
24-1(a)(2), or 24-1(a)(3) in any school, regardless of the
time of day or the time of year, in residential property
owned, operated or managed by a public housing agency or
leased by a public housing agency as part of a scattered
site or mixed-income development, in a public park, in a
courthouse, on the real property comprising any school,
regardless of the time of day or the time of year, on
residential property owned, operated or managed by a public

HB1155 Engrossed - 81 - LRB098 08475 RLC 38582 b
housing agency or leased by a public housing agency as part
of a scattered site or mixed-income development, on the
real property comprising any public park, on the real
property comprising any courthouse, in any conveyance
owned, leased or contracted by a school to transport
students to or from school or a school related activity, in
any conveyance owned, leased, or contracted by a public
transportation agency, or on any public way within 1,000
feet of the real property comprising any school, public
park, courthouse, public transportation facility, or
residential property owned, operated, or managed by a
public housing agency or leased by a public housing agency
as part of a scattered site or mixed-income development
commits a Class 4 felony. "Courthouse" means any building
that is used by the Circuit, Appellate, or Supreme Court of
this State for the conduct of official business.
(3) Paragraphs (1), (1.5), and (2) of this subsection
(c) shall not apply to law enforcement officers or security
officers of such school, college, or university or to
students carrying or possessing firearms for use in
training courses, parades, hunting, target shooting on
school ranges, or otherwise with the consent of school
authorities and which firearms are transported unloaded
enclosed in a suitable case, box, or transportation
package.
(4) For the purposes of this subsection (c), "school"

HB1155 Engrossed - 82 - LRB098 08475 RLC 38582 b
means any public or private elementary or secondary school,
community college, college, or university.
(5) For the purposes of this subsection (c), "public
transportation agency" means a public or private agency
that provides for the transportation or conveyance of
persons by means available to the general public, except
for transportation by automobiles not used for conveyance
of the general public as passengers; and "public
transportation facility" means a terminal or other place
where one may obtain public transportation.
(d) The presence in an automobile other than a public
omnibus of any weapon, instrument or substance referred to in
subsection (a)(7) is prima facie evidence that it is in the
possession of, and is being carried by, all persons occupying
such automobile at the time such weapon, instrument or
substance is found, except under the following circumstances:
(i) if such weapon, instrument or instrumentality is found upon
the person of one of the occupants therein; or (ii) if such
weapon, instrument or substance is found in an automobile
operated for hire by a duly licensed driver in the due, lawful
and proper pursuit of his trade, then such presumption shall
not apply to the driver.
(e) Exemptions. Crossbows, Common or Compound bows and
Underwater Spearguns are exempted from the definition of
ballistic knife as defined in paragraph (1) of subsection (a)
of this Section.

HB1155 Engrossed - 83 - LRB098 08475 RLC 38582 b
(Source: P.A. 95-331, eff. 8-21-07; 95-809, eff. 1-1-09;
95-885, eff. 1-1-09; 96-41, eff. 1-1-10; 96-328, eff. 8-11-09;
96-742, eff. 8-25-09; 96-1000, eff. 7-2-10.)
(720 ILCS 5/24-1.6)
Sec. 24-1.6. Aggravated unlawful use of a weapon.
(a) A person commits the offense of aggravated unlawful use
of a weapon when he or she knowingly:
(1) Carries on or about his or her person or in any
vehicle or concealed on or about his or her person except
when on his or her land or in his or her abode, legal
dwelling, or fixed place of business, or on the land or in
the legal dwelling of another person as an invitee with
that person's permission, any pistol, revolver, stun gun or
taser or other firearm; or
(2) Carries or possesses on or about his or her person,
upon any public street, alley, or other public lands within
the corporate limits of a city, village or incorporated
town, except when an invitee thereon or therein, for the
purpose of the display of such weapon or the lawful
commerce in weapons, or except when on his or her own land
or in his or her own abode, legal dwelling, or fixed place
of business, or on the land or in the legal dwelling of
another person as an invitee with that person's permission,
any pistol, revolver, stun gun or taser or other firearm;
and

HB1155 Engrossed - 84 - LRB098 08475 RLC 38582 b
(3) One of the following factors is present:
(A) the firearm possessed was uncased, loaded and
immediately accessible at the time of the offense; or
(B) the firearm possessed was uncased, unloaded
and the ammunition for the weapon was immediately
accessible at the time of the offense; or
(C) the person possessing the firearm has not been
issued a currently valid Firearm Owner's
Identification Card; or
(D) the person possessing the weapon was
previously adjudicated a delinquent minor under the
Juvenile Court Act of 1987 for an act that if committed
by an adult would be a felony; or
(E) the person possessing the weapon was engaged in
a misdemeanor violation of the Cannabis Control Act, in
a misdemeanor violation of the Illinois Controlled
Substances Act, or in a misdemeanor violation of the
Methamphetamine Control and Community Protection Act;
or
(F) (blank); or
(G) the person possessing the weapon had a order of
protection issued against him or her within the
previous 2 years; or
(H) the person possessing the weapon was engaged in
the commission or attempted commission of a
misdemeanor involving the use or threat of violence

HB1155 Engrossed - 85 - LRB098 08475 RLC 38582 b
against the person or property of another; or
(I) the person possessing the weapon was under 21
years of age and in possession of a handgun as defined
in Section 24-3, unless the person under 21 is engaged
in lawful activities under the Wildlife Code or
described in subsection 24-2(b)(1), (b)(3), or
24-2(f).
(b) "Stun gun or taser" as used in this Section has the
same definition given to it in Section 24-1 of this Code.
(c) This Section does not apply to or affect the
transportation or possession of weapons that:
(i) are broken down in a non-functioning state; or
(ii) are not immediately accessible; or
(iii) are unloaded and enclosed in a case, firearm
carrying box, shipping box, or other container by a
person who is not prohibited from owning or possessing
a firearm under State or federal law by a person who
has been issued a currently valid Firearm Owner's
Identification Card.
(d) Sentence.
(1) Aggravated unlawful use of a weapon is a Class 4
felony; a second or subsequent offense is a Class 2 felony
for which the person shall be sentenced to a term of
imprisonment of not less than 3 years and not more than 7
years.
(2) Except as otherwise provided in paragraphs (3) and

HB1155 Engrossed - 86 - LRB098 08475 RLC 38582 b
(4) of this subsection (d), a first offense of aggravated
unlawful use of a weapon committed with a firearm by a
person 18 years of age or older where the factors listed in
both items (A) and (C) of paragraph (3) of subsection (a)
are present is a Class 4 felony, for which the person shall
be sentenced to a term of imprisonment of not less than one
year and not more than 3 years.
(3) Aggravated unlawful use of a weapon by a person who
has been previously convicted of a felony in this State or
another jurisdiction is a Class 2 felony for which the
person shall be sentenced to a term of imprisonment of not
less than 3 years and not more than 7 years.
(4) Aggravated unlawful use of a weapon while wearing
or in possession of body armor as defined in Section 33F-1
by a person who has not been issued a valid Firearms
Owner's Identification Card in accordance with Section 5 of
the Firearm Owners Identification Card Act is a Class X
felony.
(e) The possession of each firearm in violation of this
Section constitutes a single and separate violation.
(Source: P.A. 95-331, eff. 8-21-07; 96-742, eff. 8-25-09;
96-829, eff. 12-3-09; 96-1107, eff. 1-1-11.)
(720 ILCS 5/24-2)
Sec. 24-2. Exemptions.
(a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and

HB1155 Engrossed - 87 - LRB098 08475 RLC 38582 b
24-1(a)(13) and Section 24-1.6 do not apply to or affect any of
the following:
(1) Peace officers, and any person summoned by a peace
officer to assist in making arrests or preserving the
peace, while actually engaged in assisting such officer.
(2) Wardens, superintendents and keepers of prisons,
penitentiaries, jails and other institutions for the
detention of persons accused or convicted of an offense,
while in the performance of their official duty, or while
commuting between their homes and places of employment.
(3) Members of the Armed Services or Reserve Forces of
the United States or the Illinois National Guard or the
Reserve Officers Training Corps, while in the performance
of their official duty.
(4) Special agents employed by a railroad or a public
utility to perform police functions, and guards of armored
car companies, while actually engaged in the performance of
the duties of their employment or commuting between their
homes and places of employment; and watchmen while actually
engaged in the performance of the duties of their
employment.
(5) Persons licensed as private security contractors,
private detectives, or private alarm contractors, or
employed by an agency certified by the Department of
Financial and Professional Regulation, if their duties
include the carrying of a weapon under the provisions of

HB1155 Engrossed - 88 - LRB098 08475 RLC 38582 b
the Private Detective, Private Alarm, Private Security,
Fingerprint Vendor, and Locksmith Act of 2004, while
actually engaged in the performance of the duties of their
employment or commuting between their homes and places of
employment, provided that such commuting is accomplished
within one hour from departure from home or place of
employment, as the case may be. A person shall be
considered eligible for this exemption if he or she has
completed the required 20 hours of training for a private
security contractor, private detective, or private alarm
contractor, or employee of a licensed agency and 20 hours
of required firearm training, and has been issued a firearm
control card by the Department of Financial and
Professional Regulation. Conditions for the renewal of
firearm control cards issued under the provisions of this
Section shall be the same as for those cards issued under
the provisions of the Private Detective, Private Alarm,
Private Security, Fingerprint Vendor, and Locksmith Act of
2004. The firearm control card shall be carried by the
private security contractor, private detective, or private
alarm contractor, or employee of the licensed agency at all
times when he or she is in possession of a concealable
weapon.
(6) Any person regularly employed in a commercial or
industrial operation as a security guard for the protection
of persons employed and private property related to such

HB1155 Engrossed - 89 - LRB098 08475 RLC 38582 b
commercial or industrial operation, while actually engaged
in the performance of his or her duty or traveling between
sites or properties belonging to the employer, and who, as
a security guard, is a member of a security force of at
least 5 persons registered with the Department of Financial
and Professional Regulation; provided that such security
guard has successfully completed a course of study,
approved by and supervised by the Department of Financial
and Professional Regulation, consisting of not less than 40
hours of training that includes the theory of law
enforcement, liability for acts, and the handling of
weapons. A person shall be considered eligible for this
exemption if he or she has completed the required 20 hours
of training for a security officer and 20 hours of required
firearm training, and has been issued a firearm control
card by the Department of Financial and Professional
Regulation. Conditions for the renewal of firearm control
cards issued under the provisions of this Section shall be
the same as for those cards issued under the provisions of
the Private Detective, Private Alarm, Private Security,
Fingerprint Vendor, and Locksmith Act of 2004. The firearm
control card shall be carried by the security guard at all
times when he or she is in possession of a concealable
weapon.
(7) Agents and investigators of the Illinois
Legislative Investigating Commission authorized by the

HB1155 Engrossed - 90 - LRB098 08475 RLC 38582 b
Commission to carry the weapons specified in subsections
24-1(a)(3) and 24-1(a)(4), while on duty in the course of
any investigation for the Commission.
(8) Persons employed by a financial institution for the
protection of other employees and property related to such
financial institution, while actually engaged in the
performance of their duties, commuting between their homes
and places of employment, or traveling between sites or
properties owned or operated by such financial
institution, provided that any person so employed has
successfully completed a course of study, approved by and
supervised by the Department of Financial and Professional
Regulation, consisting of not less than 40 hours of
training which includes theory of law enforcement,
liability for acts, and the handling of weapons. A person
shall be considered to be eligible for this exemption if he
or she has completed the required 20 hours of training for
a security officer and 20 hours of required firearm
training, and has been issued a firearm control card by the
Department of Financial and Professional Regulation.
Conditions for renewal of firearm control cards issued
under the provisions of this Section shall be the same as
for those issued under the provisions of the Private
Detective, Private Alarm, Private Security, Fingerprint
Vendor, and Locksmith Act of 2004. Such firearm control
card shall be carried by the person so trained at all times

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

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a nuclear energy, storage, weapons or development site or
facility regulated by the Nuclear Regulatory Commission
who has completed the background screening and training
mandated by the rules and regulations of the Nuclear
Regulatory Commission.
(14) Manufacture, transportation, or sale of weapons
to persons authorized under subdivisions (1) through
(13.5) of this subsection to possess those weapons.
(b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
24-1.6 do not apply to or affect any of the following:
(1) Members of any club or organization organized for
the purpose of practicing shooting at targets upon
established target ranges, whether public or private, and
patrons of such ranges, while such members or patrons are
using their firearms on those target ranges.
(2) Duly authorized military or civil organizations
while parading, with the special permission of the
Governor.
(3) Hunters, trappers or fishermen with a license or
permit while engaged in hunting, trapping or fishing.
(4) Transportation of weapons that are broken down in a
non-functioning state or are not immediately accessible.
(5) Carrying or possessing any pistol, revolver, stun
gun or taser or other firearm on the land or in the legal
dwelling of another person as an invitee with that person's
permission.

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(6) A licensee under the Family and Personal Protection
Act, notwithstanding Section 250-70 of that Act, if the
licensee meets the requirements of the Family and Personal
Protection Act.
(c) Subsection 24-1(a)(7) does not apply to or affect any
of the following:
(1) Peace officers while in performance of their
official duties.
(2) Wardens, superintendents and keepers of prisons,
penitentiaries, jails and other institutions for the
detention of persons accused or convicted of an offense.
(3) Members of the Armed Services or Reserve Forces of
the United States or the Illinois National Guard, while in
the performance of their official duty.
(4) Manufacture, transportation, or sale of machine
guns to persons authorized under subdivisions (1) through
(3) of this subsection to possess machine guns, if the
machine guns are broken down in a non-functioning state or
are not immediately accessible.
(5) Persons licensed under federal law to manufacture
any weapon from which 8 or more shots or bullets can be
discharged by a single function of the firing device, or
ammunition for such weapons, and actually engaged in the
business of manufacturing such weapons or ammunition, but
only with respect to activities which are within the lawful
scope of such business, such as the manufacture,

HB1155 Engrossed - 94 - LRB098 08475 RLC 38582 b
transportation, or testing of such weapons or ammunition.
This exemption does not authorize the general private
possession of any weapon from which 8 or more shots or
bullets can be discharged by a single function of the
firing device, but only such possession and activities as
are within the lawful scope of a licensed manufacturing
business described in this paragraph.
During transportation, such weapons shall be broken
down in a non-functioning state or not immediately
accessible.
(6) The manufacture, transport, testing, delivery,
transfer or sale, and all lawful commercial or experimental
activities necessary thereto, of rifles, shotguns, and
weapons made from rifles or shotguns, or ammunition for
such rifles, shotguns or weapons, where engaged in by a
person operating as a contractor or subcontractor pursuant
to a contract or subcontract for the development and supply
of such rifles, shotguns, weapons or ammunition to the
United States government or any branch of the Armed Forces
of the United States, when such activities are necessary
and incident to fulfilling the terms of such contract.
The exemption granted under this subdivision (c)(6)
shall also apply to any authorized agent of any such
contractor or subcontractor who is operating within the
scope of his employment, where such activities involving
such weapon, weapons or ammunition are necessary and

HB1155 Engrossed - 95 - LRB098 08475 RLC 38582 b
incident to fulfilling the terms of such contract.
During transportation, any such weapon shall be broken
down in a non-functioning state, or not immediately
accessible.
(7) A person possessing a rifle with a barrel or
barrels less than 16 inches in length if: (A) the person
has been issued a Curios and Relics license from the U.S.
Bureau of Alcohol, Tobacco, Firearms and Explosives; or (B)
the person is an active member of a bona fide, nationally
recognized military re-enacting group and the modification
is required and necessary to accurately portray the weapon
for historical re-enactment purposes; the re-enactor is in
possession of a valid and current re-enacting group
membership credential; and the overall length of the weapon
as modified is not less than 26 inches.
During transportation, any such weapon shall be broken
down in a non-functioning state, or not immediately
accessible.
(d) Subsection 24-1(a)(1) does not apply to the purchase,
possession or carrying of a black-jack or slung-shot by a peace
officer.
(e) Subsection 24-1(a)(8) does not apply to any owner,
manager or authorized employee of any place specified in that
subsection nor to any law enforcement officer or a licensee
under the Family and Personal Protection Act, notwithstanding
Section 250-70 of that Act.

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(f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and
Section 24-1.6 do not apply to members of any club or
organization organized for the purpose of practicing shooting
at targets upon established target ranges, whether public or
private, while using their firearms on those target ranges.
(g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply
to:
(1) Members of the Armed Services or Reserve Forces of
the United States or the Illinois National Guard, while in
the performance of their official duty.
(2) Bonafide collectors of antique or surplus military
ordinance.
(3) Laboratories having a department of forensic
ballistics, or specializing in the development of
ammunition or explosive ordinance.
(4) Commerce, preparation, assembly or possession of
explosive bullets by manufacturers of ammunition licensed
by the federal government, in connection with the supply of
those organizations and persons exempted by subdivision
(g)(1) of this Section, or like organizations and persons
outside this State, or the transportation of explosive
bullets to any organization or person exempted in this
Section by a common carrier or by a vehicle owned or leased
by an exempted manufacturer.
(g-5) Subsection 24-1(a)(6) does not apply to or affect
persons licensed under federal law to manufacture any device or

HB1155 Engrossed - 97 - LRB098 08475 RLC 38582 b
attachment of any kind designed, used, or intended for use in
silencing the report of any firearm, firearms, or ammunition
for those firearms equipped with those devices, and actually
engaged in the business of manufacturing those devices,
firearms, or ammunition, but only with respect to activities
that are within the lawful scope of that business, such as the
manufacture, transportation, or testing of those devices,
firearms, or ammunition. This exemption does not authorize the
general private possession of any device or attachment of any
kind designed, used, or intended for use in silencing the
report of any firearm, but only such possession and activities
as are within the lawful scope of a licensed manufacturing
business described in this subsection (g-5). During
transportation, these devices shall be detached from any weapon
or not immediately accessible.
(g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
24-1.6 do not apply to or affect any parole agent or parole
supervisor who meets the qualifications and conditions
prescribed in Section 3-14-1.5 of the Unified Code of
Corrections.
(g-7) Subsection 24-1(a)(6) does not apply to a peace
officer while serving as a member of a tactical response team
or special operations team. A peace officer may not personally
own or apply for ownership of a device or attachment of any
kind designed, used, or intended for use in silencing the
report of any firearm. These devices shall be owned and

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maintained by lawfully recognized units of government whose
duties include the investigation of criminal acts.
(g-10) Subsections 24-1(a)(4), 24-1(a)(8), and
24-1(a)(10), and Sections 24-1.6 and 24-3.1 do not apply to an
athlete's possession, transport on official Olympic and
Paralympic transit systems established for athletes, or use of
competition firearms sanctioned by the International Olympic
Committee, the International Paralympic Committee, the
International Shooting Sport Federation, or USA Shooting in
connection with such athlete's training for and participation
in shooting competitions at the 2016 Olympic and Paralympic
Games and sanctioned test events leading up to the 2016 Olympic
and Paralympic Games.
(h) An information or indictment based upon a violation of
any subsection of this Article need not negative any exemptions
contained in this Article. The defendant shall have the burden
of proving such an exemption.
(i) Nothing in this Article shall prohibit, apply to, or
affect the transportation, carrying, or possession, of any
pistol or revolver, stun gun, taser, or other firearm consigned
to a common carrier operating under license of the State of
Illinois or the federal government, where such transportation,
carrying, or possession is incident to the lawful
transportation in which such common carrier is engaged; and
nothing in this Article shall prohibit, apply to, or affect the
transportation, carrying, or possession of any pistol,

HB1155 Engrossed - 99 - LRB098 08475 RLC 38582 b
revolver, stun gun, taser, or other firearm, not the subject of
and regulated by subsection 24-1(a)(7) or subsection 24-2(c) of
this Article, which is unloaded and enclosed in a case, firearm
carrying box, shipping box, or other container, by the
possessor of a valid Firearm Owners Identification Card.
(Source: P.A. 96-7, eff. 4-3-09; 96-230, eff. 1-1-10; 96-742,
eff. 8-25-09; 96-1000, eff. 7-2-10; 97-465, eff. 8-22-11;
97-676, eff. 6-1-12; 97-936, eff. 1-1-13; 97-1010, eff. 1-1-13;
revised 8-23-12.)
Section 800. The Freedom of Information Act is amended by
changing Section 7.5 as follows:
(5 ILCS 140/7.5)
Sec. 7.5. Statutory Exemptions. To the extent provided for
by the statutes referenced below, the following shall be exempt
from inspection and copying:
(a) All information determined to be confidential under
Section 4002 of the Technology Advancement and Development Act.
(b) Library circulation and order records identifying
library users with specific materials under the Library Records
Confidentiality Act.
(c) Applications, related documents, and medical records
received by the Experimental Organ Transplantation Procedures
Board and any and all documents or other records prepared by
the Experimental Organ Transplantation Procedures Board or its

HB1155 Engrossed - 100 - LRB098 08475 RLC 38582 b
staff relating to applications it has received.
(d) Information and records held by the Department of
Public Health and its authorized representatives relating to
known or suspected cases of sexually transmissible disease or
any information the disclosure of which is restricted under the
Illinois Sexually Transmissible Disease Control Act.
(e) Information the disclosure of which is exempted under
Section 30 of the Radon Industry Licensing Act.
(f) Firm performance evaluations under Section 55 of the
Architectural, Engineering, and Land Surveying Qualifications
Based Selection Act.
(g) Information the disclosure of which is restricted and
exempted under Section 50 of the Illinois Prepaid Tuition Act.
(h) Information the disclosure of which is exempted under
the State Officials and Employees Ethics Act, and records of
any lawfully created State or local inspector general's office
that would be exempt if created or obtained by an Executive
Inspector General's office under that Act.
(i) Information contained in a local emergency energy plan
submitted to a municipality in accordance with a local
emergency energy plan ordinance that is adopted under Section
11-21.5-5 of the Illinois Municipal Code.
(j) Information and data concerning the distribution of
surcharge moneys collected and remitted by wireless carriers
under the Wireless Emergency Telephone Safety Act.
(k) Law enforcement officer identification information or

HB1155 Engrossed - 101 - LRB098 08475 RLC 38582 b
driver identification information compiled by a law
enforcement agency or the Department of Transportation under
Section 11-212 of the Illinois Vehicle Code.
(l) Records and information provided to a residential
health care facility resident sexual assault and death review
team or the Executive Council under the Abuse Prevention Review
Team Act.
(m) Information provided to the predatory lending database
created pursuant to Article 3 of the Residential Real Property
Disclosure Act, except to the extent authorized under that
Article.
(n) Defense budgets and petitions for certification of
compensation and expenses for court appointed trial counsel as
provided under Sections 10 and 15 of the Capital Crimes
Litigation Act. This subsection (n) shall apply until the
conclusion of the trial of the case, even if the prosecution
chooses not to pursue the death penalty prior to trial or
sentencing.
(o) Information that is prohibited from being disclosed
under Section 4 of the Illinois Health and Hazardous Substances
Registry Act.
(p) Security portions of system safety program plans,
investigation reports, surveys, schedules, lists, data, or
information compiled, collected, or prepared by or for the
Regional Transportation Authority under Section 2.11 of the
Regional Transportation Authority Act or the St. Clair County

HB1155 Engrossed - 102 - LRB098 08475 RLC 38582 b
Transit District under the Bi-State Transit Safety Act.
(q) Information prohibited from being disclosed by the
Personnel Records Review Act.
(r) Information prohibited from being disclosed by the
Illinois School Student Records Act.
(s) Information the disclosure of which is restricted under
Section 5-108 of the Public Utilities Act.
(t) All identified or deidentified health information in
the form of health data or medical records contained in, stored
in, submitted to, transferred by, or released from the Illinois
Health Information Exchange, and identified or deidentified
health information in the form of health data and medical
records of the Illinois Health Information Exchange in the
possession of the Illinois Health Information Exchange
Authority due to its administration of the Illinois Health
Information Exchange. The terms "identified" and
"deidentified" shall be given the same meaning as in the Health
Insurance Accountability and Portability Act of 1996, Public
Law 104-191, or any subsequent amendments thereto, and any
regulations promulgated thereunder.
(u) Records and information provided to an independent team
of experts under Brian's Law.
(v) Names and information of people who have applied for or
received Firearm Owner's Identification Cards or Certificates
of Handgun Registration under the Firearm Owners
Identification Card Act and the Family and Personal Protection

HB1155 Engrossed - 103 - LRB098 08475 RLC 38582 b
Act.
(w) Personally identifiable information which is exempted
from disclosure under subsection (g) of Section 19.1 of the
Toll Highway Act.
(x) Information which is exempted from disclosure under
Section 5-1014.3 of the Counties Code or Section 8-11-21 of the
Illinois Municipal Code.
(Source: P.A. 96-542, eff. 1-1-10; 96-1235, eff. 1-1-11;
96-1331, eff. 7-27-10; 97-80, eff. 7-5-11; 97-333, eff.
8-12-11; 97-342, eff. 8-12-11; 97-813, eff. 7-13-12; 97-976,
eff. 1-1-13.)
Section 801. The Department of State Police Law of the
Civil Administrative Code of Illinois is amended by changing
Sections 2605-45 and 2605-120 as follows:
(20 ILCS 2605/2605-45) (was 20 ILCS 2605/55a-5)
Sec. 2605-45. Division of Administration. The Division of
Administration shall exercise the following functions:
(1) Exercise the rights, powers, and duties vested in
the Department by the Governor's Office of Management and
Budget Act.
(2) Pursue research and the publication of studies
pertaining to local law enforcement activities.
(3) Exercise the rights, powers, and duties vested in
the Department by the Personnel Code.

HB1155 Engrossed - 104 - LRB098 08475 RLC 38582 b
(4) Operate an electronic data processing and computer
center for the storage and retrieval of data pertaining to
criminal activity.
(5) Exercise the rights, powers, and duties vested in
the former Division of State Troopers by Section 17 of the
State Police Act.
(6) Exercise the rights, powers, and duties vested in
the Department by "An Act relating to internal auditing in
State government", approved August 11, 1967 (repealed; now
the Fiscal Control and Internal Auditing Act, 30 ILCS 10/).
(6.5) Exercise the rights, powers, and duties vested in
the Department by the Firearm Owners Identification Card
Act and the Family and Personal Protection Act.
(7) Exercise other duties that may be assigned by the
Director to fulfill the responsibilities and achieve the
purposes of the Department.
(Source: P.A. 94-793, eff. 5-19-06.)
(20 ILCS 2605/2605-120) (was 20 ILCS 2605/55a in part)
Sec. 2605-120. Firearm Owners Identification Card Act and
the Family and Personal Protection Act. To exercise the rights,
powers, and duties that have been vested in the Department of
Public Safety by the Firearm Owners Identification Card Act and
the Family and Personal Protection Act.
(Source: P.A. 90-18, eff. 7-1-97; 90-130, eff. 1-1-98; 90-372,
eff. 7-1-98; 90-590, eff. 1-1-00; 90-655, eff. 7-30-98; 90-793,

HB1155 Engrossed - 105 - LRB098 08475 RLC 38582 b
eff. 8-14-98; 91-239, eff. 1-1-00.)
Section 802. The Criminal Identification Act is amended by
changing Section 2.2 as follows:
(20 ILCS 2630/2.2)
Sec. 2.2. Notification to the Department. Upon judgment of
conviction of a violation of Section 12-1, 12-2, 12-3, 12-3.2,
12-3.4, or 12-3.5 of the Criminal Code of 1961 or the Criminal
Code of 2012 when the defendant has been determined, pursuant
to Section 112A-11.1 of the Code of Criminal Procedure of 1963,
to be subject to the prohibitions of 18 U.S.C. 922(g)(9), the
circuit court clerk shall include notification and a copy of
the written determination in a report of the conviction to the
Department of State Police Firearm Owner's Identification Card
Office to enable the office to perform its duties under
Sections 4 and 8 of the Firearm Owners Identification Card Act
and Section 5 of the Family and Personal Protection Act and to
report that determination to the Federal Bureau of
Investigation to assist the Bureau in identifying persons
prohibited from purchasing and possessing a firearm pursuant to
the provisions of 18 U.S.C. 922. The written determination
described in this Section shall be included in the defendant's
record of arrest and conviction in the manner and form
prescribed by the Department of State Police.
(Source: P.A. 97-1131, eff. 1-1-13; 97-1150, eff. 1-25-13.)

HB1155 Engrossed - 106 - LRB098 08475 RLC 38582 b
Section 803. The State Finance Act is amended by adding
Sections 5.826, 5.827, 5.828, 6z-98, and 6z-99 as follows:
(30 ILCS 105/5.826 new)
Sec. 5.826. The Handgun Certificate Administration Fund.
(30 ILCS 105/5.827 new)
Sec. 5.827. The National Instant Criminal Background Check
System Improvement Fund.
(30 ILCS 105/5.828 new)
Sec. 5.828. The Illinois LEADS Information and Technology
Improvement Fund.
(30 ILCS 105/6z-98 new)
Sec. 6z-98. National Instant Criminal Background Check
System Improvement Fund.
(a) There is created in the State treasury a special fund
known as National Instant Criminal Background Check System
Improvement Fund. The Fund shall receive revenue under Section
5 of the Family and Personal Protection Act. The Fund may also
receive revenue from grants, donations, appropriations, and
any other legal source.
(b) The Department of State Police shall use moneys in the
Fund to perform its duties and responsibilities under

HB1155 Engrossed - 107 - LRB098 08475 RLC 38582 b
subsection (e) of Section 3.1 of the Firearm Owners
Identification Card Act and Section 5 of the Family and
Personal Protection Act.
(c) Expenditures may be made from the Fund only as
appropriated by the General Assembly by law.
(d) Investment income that is attributable to the
investment of moneys in the Fund shall be retained in the Fund
for the uses specified in this Section.
(e) The Fund shall not be subject to administrative
chargebacks.
(30 ILCS 105/6z-99 new)
Sec. 6z-99. Illinois LEADS Information and Technology
Improvement Fund.
(a) There is created in the State treasury a special fund
known as the Illinois LEADS Information and Technology
Improvement Fund. The Fund shall receive revenue under Section
5 of the Family and Personal Protection Act. The Fund may also
receive revenue from grants, donations, appropriations, and
any other legal source.
(b) The Department of State Police shall use the moneys in
the Fund to update and improve the technology used for the Law
Enforcement Agencies Data System (LEADS) system. The Fund shall
also be used to support the Department's responsibilities in
managing background checks and public safety record-keeping.
(c) Moneys in the Fund shall also be used to fund grants

HB1155 Engrossed - 108 - LRB098 08475 RLC 38582 b
made available to local law enforcement to support their
technological infrastructure.
(d) Expenditures may be made from the Fund only as
appropriated by the General Assembly by law.
(e) Investment income that is attributable to the
investment of moneys in the Fund shall be retained in the Fund
for the uses specified in this Section.
(f) The Fund shall not be subject to administrative
chargebacks.
Section 804. The Firearm Owners Identification Card Act is
amended by changing Sections 3 and 3.1 as follows:
(430 ILCS 65/3) (from Ch. 38, par. 83-3)
Sec. 3. (a) Except as provided in Section 3a, no person may
knowingly transfer, or cause to be transferred, any firearm,
firearm ammunition, stun gun, or taser to any person within
this State unless the transferee with whom he deals displays a
currently valid Firearm Owner's Identification Card which has
previously been issued in his name by the Department of State
Police under the provisions of this Act. In addition, all
firearm, stun gun, and taser transfers by federally licensed
firearm dealers are subject to Section 3.1. In addition, the
transferor and transferee of a handgun shall be subject to
Section 5 of the Family and Personal Protection Act regardless
of whether the transferor is a federally licensed firearm

HB1155 Engrossed - 109 - LRB098 08475 RLC 38582 b
dealer.
(a-5) Any person who is not a federally licensed firearm
dealer and who desires to transfer or sell a firearm while that
person is on the grounds of a gun show must, before selling or
transferring the firearm, request the Department of State
Police to conduct a background check on the prospective
recipient of the firearm in accordance with Section 3.1.
Whenever a person who is exempt from Section 5 of the Family
and Personal Protection Act transfers a handgun to a person who
is not exempt, the transferor shall notify the Department of
State Police of the transfer, on a form or in a manner
prescribed by the Department, within 10 days after the
transfer.
(b) Any person within this State who transfers or causes to
be transferred any firearm, stun gun, or taser shall keep a
record of such transfer for a period of 10 years from the date
of transfer. Such record shall contain the date of the
transfer; the description, serial number or other information
identifying the firearm, stun gun, or taser if no serial number
is available; and, if the transfer was completed within this
State, the transferee's Firearm Owner's Identification Card
number. On or after January 1, 2006, the record shall contain
the date of application for transfer of the firearm. On demand
of a peace officer such transferor shall produce for inspection
such record of transfer. If the transfer or sale took place at
a gun show, the record shall include the unique identification

HB1155 Engrossed - 110 - LRB098 08475 RLC 38582 b
number. Failure to record the unique identification number is a
petty offense.
(b-5) Any resident may purchase ammunition from a person
within or outside of Illinois if shipment is by United States
mail or by a private express carrier authorized by federal law
to ship ammunition. Any resident purchasing ammunition within
or outside the State of Illinois must provide the seller with a
copy of his or her valid Firearm Owner's Identification Card
and either his or her Illinois driver's license or Illinois
State Identification Card prior to the shipment of the
ammunition. The ammunition may be shipped only to an address on
either of those 2 documents.
(c) The provisions of this Section regarding the transfer
of firearm ammunition shall not apply to those persons
specified in paragraph (b) of Section 2 of this Act.
(Source: P.A. 97-1135, eff. 12-4-12.)
(430 ILCS 65/3.1) (from Ch. 38, par. 83-3.1)
Sec. 3.1. Dial up system.
(a) The Department of State Police shall provide a dial up
telephone system or utilize other existing technology which
shall be used by any federally licensed firearm dealer, gun
show promoter, or gun show vendor who is to transfer a firearm,
stun gun, or taser under the provisions of this Act. The
Department of State Police may utilize existing technology
which allows the caller to be charged a fee not to exceed $2.

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Fees collected by the Department of State Police shall be
deposited in the State Police Services Fund and used to provide
the service.
(b) Upon receiving a request from a federally licensed
firearm dealer, gun show promoter, or gun show vendor, the
Department of State Police shall immediately approve, or within
the time period established by Section 24-3 of the Criminal
Code of 2012 regarding the delivery of firearms, stun guns, and
tasers notify the inquiring dealer, gun show promoter, or gun
show vendor of any objection that would disqualify the
transferee from acquiring or possessing a firearm, stun gun, or
taser. In conducting the inquiry, the Department of State
Police shall initiate and complete an automated search of its
criminal history record information files and those of the
Federal Bureau of Investigation, including the National
Instant Criminal Background Check System, and of the files of
the Department of Human Services relating to mental health and
developmental disabilities to obtain any felony conviction or
patient hospitalization information which would disqualify a
person from obtaining or require revocation of a currently
valid Firearm Owner's Identification Card.
(c) If receipt of a firearm would not violate Section 24-3
of the Criminal Code of 2012, federal law, or this Act the
Department of State Police shall:
(1) assign a unique identification number to the
transfer; and

HB1155 Engrossed - 112 - LRB098 08475 RLC 38582 b
(2) provide the licensee, gun show promoter, or gun
show vendor with the number.
(d) Approvals issued by the Department of State Police for
the purchase of a firearm are valid for 30 days from the date
of issue.
(e) (1) The Department of State Police must act as the
Illinois Point of Contact for the National Instant Criminal
Background Check System.
(2) The Department of State Police and the Department of
Human Services shall, in accordance with State and federal law
regarding confidentiality, enter into a memorandum of
understanding with the Federal Bureau of Investigation for the
purpose of implementing the National Instant Criminal
Background Check System in the State. The Department of State
Police shall report the name, date of birth, and physical
description of any person prohibited from possessing a firearm
pursuant to the Firearm Owners Identification Card Act or 18
U.S.C. 922(g) and (n) to the National Instant Criminal
Background Check System Index, Denied Persons Files. The
Department of State Police shall implement a program to
distribute grant moneys, with funds appropriated for that
purpose, to units of local government to facilitate
participation in the National Instant Criminal Background
Check System by their enforcement agencies.
(f) The Department of State Police shall promulgate rules
not inconsistent with this Section to implement this system.

HB1155 Engrossed - 113 - LRB098 08475 RLC 38582 b
(Source: P.A. 97-1150, eff. 1-25-13.)
Section 805. The Criminal Code of 2012 is amended by
changing Sections 24-1.1 and 24-3.4 as follows:
(720 ILCS 5/24-1.1) (from Ch. 38, par. 24-1.1)
Sec. 24-1.1. Unlawful Use or Possession of Weapons by
Felons or Persons in the Custody of the Department of
Corrections Facilities.
(a) It is unlawful for a person to knowingly possess on or
about his person or on his land or in his own abode or fixed
place of business any weapon prohibited under Section 24-1 of
this Act or any firearm or any firearm ammunition if the person
has been convicted of a felony under the laws of this State or
any other jurisdiction. This Section shall not apply if the
person has been granted relief by the Director of the
Department of State Police under Section 10 of the Firearm
Owners Identification Card Act.
(b) It is unlawful for any person confined in a penal
institution, which is a facility of the Illinois Department of
Corrections, to possess any weapon prohibited under Section
24-1 of this Code or any firearm or firearm ammunition,
regardless of the intent with which he possesses it.
(c) It shall be an affirmative defense to a violation of
subsection (b), that such possession was specifically
authorized by rule, regulation, or directive of the Illinois

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Department of Corrections or order issued pursuant thereto.
(d) The defense of necessity is not available to a person
who is charged with a violation of subsection (b) of this
Section.
(e) Sentence. Violation of this Section by a person not
confined in a penal institution shall be a Class 3 felony for
which the person shall be sentenced to no less than 2 years and
no more than 10 years and any second or subsequent violation
shall be a Class 2 felony for which the person shall be
sentenced to a term of imprisonment of not less than 3 years
and not more than 14 years. Violation of this Section by a
person not confined in a penal institution who has been
convicted of a forcible felony, a felony violation of Article
24 of this Code or of the Firearm Owners Identification Card
Act or of Section 5 of the Family and Personal Protection Act,
stalking or aggravated stalking, or a Class 2 or greater felony
under the Illinois Controlled Substances Act, the Cannabis
Control Act, or the Methamphetamine Control and Community
Protection Act is a Class 2 felony for which the person shall
be sentenced to not less than 3 years and not more than 14
years. Violation of this Section by a person who is on parole
or mandatory supervised release is a Class 2 felony for which
the person shall be sentenced to not less than 3 years and not
more than 14 years. Violation of this Section by a person not
confined in a penal institution is a Class X felony when the
firearm possessed is a machine gun. Any person who violates

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this Section while confined in a penal institution, which is a
facility of the Illinois Department of Corrections, is guilty
of a Class 1 felony, if he possesses any weapon prohibited
under Section 24-1 of this Code regardless of the intent with
which he possesses it, a Class X felony if he possesses any
firearm, firearm ammunition or explosive, and a Class X felony
for which the offender shall be sentenced to not less than 12
years and not more than 50 years when the firearm possessed is
a machine gun. A violation of this Section while wearing or in
possession of body armor as defined in Section 33F-1 is a Class
X felony punishable by a term of imprisonment of not less than
10 years and not more than 40 years. The possession of each
firearm or firearm ammunition in violation of this Section
constitutes a single and separate violation.
(Source: P.A. 97-237, eff. 1-1-12.)
(720 ILCS 5/24-3.4) (from Ch. 38, par. 24-3.4)
Sec. 24-3.4. Unlawful sale of firearms by liquor licensee.
(a) It shall be unlawful for any person who holds a license
to sell at retail any alcoholic liquor issued by the Illinois
Liquor Control Commission or local liquor control commissioner
under the Liquor Control Act of 1934 or an agent or employee of
the licensee to sell or deliver to any other person a firearm
in or on the real property of the establishment where the
licensee is licensed to sell alcoholic liquors unless the sale
or delivery of the firearm is otherwise lawful under this

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Article and under the Firearm Owners Identification Card Act
and Section 5 of the Family and Personal Protection Act.
(b) Sentence. A violation of subsection (a) of this Section
is a Class 4 felony.
(Source: P.A. 87-591.)
Section 806. The Unified Code of Corrections is amended by
changing Section 5-5-3.2 as follows:
(730 ILCS 5/5-5-3.2)
Sec. 5-5-3.2. Factors in Aggravation and Extended-Term
Sentencing.
(a) The following factors shall be accorded weight in favor
of imposing a term of imprisonment or may be considered by the
court as reasons to impose a more severe sentence under Section
5-8-1 or Article 4.5 of Chapter V:
(1) the defendant's conduct caused or threatened
serious harm;
(2) the defendant received compensation for committing
the offense;
(3) the defendant has a history of prior delinquency or
criminal activity;
(4) the defendant, by the duties of his office or by
his position, was obliged to prevent the particular offense
committed or to bring the offenders committing it to
justice;

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(5) the defendant held public office at the time of the
offense, and the offense related to the conduct of that
office;
(6) the defendant utilized his professional reputation
or position in the community to commit the offense, or to
afford him an easier means of committing it;
(7) the sentence is necessary to deter others from
committing the same crime;
(8) the defendant committed the offense against a
person 60 years of age or older or such person's property;
(9) the defendant committed the offense against a
person who is physically handicapped or such person's
property;
(10) by reason of another individual's actual or
perceived race, color, creed, religion, ancestry, gender,
sexual orientation, physical or mental disability, or
national origin, the defendant committed the offense
against (i) the person or property of that individual; (ii)
the person or property of a person who has an association
with, is married to, or has a friendship with the other
individual; or (iii) the person or property of a relative
(by blood or marriage) of a person described in clause (i)
or (ii). For the purposes of this Section, "sexual
orientation" means heterosexuality, homosexuality, or
bisexuality;
(11) the offense took place in a place of worship or on

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the grounds of a place of worship, immediately prior to,
during or immediately following worship services. For
purposes of this subparagraph, "place of worship" shall
mean any church, synagogue or other building, structure or
place used primarily for religious worship;
(12) the defendant was convicted of a felony committed
while he was released on bail or his own recognizance
pending trial for a prior felony and was convicted of such
prior felony, or the defendant was convicted of a felony
committed while he was serving a period of probation,
conditional discharge, or mandatory supervised release
under subsection (d) of Section 5-8-1 for a prior felony;
(13) the defendant committed or attempted to commit a
felony while he was wearing a bulletproof vest. For the
purposes of this paragraph (13), a bulletproof vest is any
device which is designed for the purpose of protecting the
wearer from bullets, shot or other lethal projectiles;
(14) the defendant held a position of trust or
supervision such as, but not limited to, family member as
defined in Section 11-0.1 of the Criminal Code of 2012,
teacher, scout leader, baby sitter, or day care worker, in
relation to a victim under 18 years of age, and the
defendant committed an offense in violation of Section
11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-11,
11-14.4 except for an offense that involves keeping a place
of juvenile prostitution, 11-15.1, 11-19.1, 11-19.2,

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11-20.1, 11-20.1B, 11-20.3, 12-13, 12-14, 12-14.1, 12-15
or 12-16 of the Criminal Code of 1961 or the Criminal Code
of 2012 against that victim;
(15) the defendant committed an offense related to the
activities of an organized gang. For the purposes of this
factor, "organized gang" has the meaning ascribed to it in
Section 10 of the Streetgang Terrorism Omnibus Prevention
Act;
(16) the defendant committed an offense in violation of
one of the following Sections while in a school, regardless
of the time of day or time of year; on any conveyance
owned, leased, or contracted by a school to transport
students to or from school or a school related activity; on
the real property of a school; or on a public way within
1,000 feet of the real property comprising any school:
Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40,
11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1,
11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3,
12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16,
18-2, or 33A-2, or Section 12-3.05 except for subdivision
(a)(4) or (g)(1), of the Criminal Code of 1961 or the
Criminal Code of 2012;
(16.5) the defendant committed an offense in violation
of one of the following Sections while in a day care
center, regardless of the time of day or time of year; on
the real property of a day care center, regardless of the

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time of day or time of year; or on a public way within
1,000 feet of the real property comprising any day care
center, regardless of the time of day or time of year:
Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40,
11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1,
11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3,
12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16,
18-2, or 33A-2, or Section 12-3.05 except for subdivision
(a)(4) or (g)(1), of the Criminal Code of 1961 or the
Criminal Code of 2012;
(17) the defendant committed the offense by reason of
any person's activity as a community policing volunteer or
to prevent any person from engaging in activity as a
community policing volunteer. For the purpose of this
Section, "community policing volunteer" has the meaning
ascribed to it in Section 2-3.5 of the Criminal Code of
2012;
(18) the defendant committed the offense in a nursing
home or on the real property comprising a nursing home. For
the purposes of this paragraph (18), "nursing home" means a
skilled nursing or intermediate long term care facility
that is subject to license by the Illinois Department of
Public Health under the Nursing Home Care Act, the
Specialized Mental Health Rehabilitation Act, or the ID/DD
Community Care Act;
(19) the defendant was a federally licensed firearm

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dealer and was previously convicted of a violation of
subsection (a) of Section 3 of the Firearm Owners
Identification Card Act or Section 5 of the Family and
Personal Protection Act and has now committed either a
felony violation of the Firearm Owners Identification Card
Act or Section 5 of the Family and Personal Protection Act
or an act of armed violence while armed with a firearm;
(20) the defendant (i) committed the offense of
reckless homicide under Section 9-3 of the Criminal Code of
1961 or the Criminal Code of 2012 or the offense of driving
under the influence of alcohol, other drug or drugs,
intoxicating compound or compounds or any combination
thereof under Section 11-501 of the Illinois Vehicle Code
or a similar provision of a local ordinance and (ii) was
operating a motor vehicle in excess of 20 miles per hour
over the posted speed limit as provided in Article VI of
Chapter 11 of the Illinois Vehicle Code;
(21) the defendant (i) committed the offense of
reckless driving or aggravated reckless driving under
Section 11-503 of the Illinois Vehicle Code and (ii) was
operating a motor vehicle in excess of 20 miles per hour
over the posted speed limit as provided in Article VI of
Chapter 11 of the Illinois Vehicle Code;
(22) the defendant committed the offense against a
person that the defendant knew, or reasonably should have
known, was a member of the Armed Forces of the United

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States serving on active duty. For purposes of this clause
(22), the term "Armed Forces" means any of the Armed Forces
of the United States, including a member of any reserve
component thereof or National Guard unit called to active
duty;
(23) the defendant committed the offense against a
person who was elderly, disabled, or infirm by taking
advantage of a family or fiduciary relationship with the
elderly, disabled, or infirm person;
(24) the defendant committed any offense under Section
11-20.1 of the Criminal Code of 1961 or the Criminal Code
of 2012 and possessed 100 or more images;
(25) the defendant committed the offense while the
defendant or the victim was in a train, bus, or other
vehicle used for public transportation;
(26) the defendant committed the offense of child
pornography or aggravated child pornography, specifically
including paragraph (1), (2), (3), (4), (5), or (7) of
subsection (a) of Section 11-20.1 of the Criminal Code of
1961 or the Criminal Code of 2012 where a child engaged in,
solicited for, depicted in, or posed in any act of sexual
penetration or bound, fettered, or subject to sadistic,
masochistic, or sadomasochistic abuse in a sexual context
and specifically including paragraph (1), (2), (3), (4),
(5), or (7) of subsection (a) of Section 11-20.1B or
Section 11-20.3 of the Criminal Code of 1961 where a child

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engaged in, solicited for, depicted in, or posed in any act
of sexual penetration or bound, fettered, or subject to
sadistic, masochistic, or sadomasochistic abuse in a
sexual context;
(27) the defendant committed the offense of first
degree murder, assault, aggravated assault, battery,
aggravated battery, robbery, armed robbery, or aggravated
robbery against a person who was a veteran and the
defendant knew, or reasonably should have known, that the
person was a veteran performing duties as a representative
of a veterans' organization. For the purposes of this
paragraph (27), "veteran" means an Illinois resident who
has served as a member of the United States Armed Forces, a
member of the Illinois National Guard, or a member of the
United States Reserve Forces; and "veterans' organization"
means an organization comprised of members of which
substantially all are individuals who are veterans or
spouses, widows, or widowers of veterans, the primary
purpose of which is to promote the welfare of its members
and to provide assistance to the general public in such a
way as to confer a public benefit; or
(28) the defendant committed the offense of assault,
aggravated assault, battery, aggravated battery, robbery,
armed robbery, or aggravated robbery against a person that
the defendant knew or reasonably should have known was a
letter carrier or postal worker while that person was

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performing his or her duties delivering mail for the United
States Postal Service.
For the purposes of this Section:
"School" is defined as a public or private elementary or
secondary school, community college, college, or university.
"Day care center" means a public or private State certified
and licensed day care center as defined in Section 2.09 of the
Child Care Act of 1969 that displays a sign in plain view
stating that the property is a day care center.
"Public transportation" means the transportation or
conveyance of persons by means available to the general public,
and includes paratransit services.
(b) The following factors, related to all felonies, may be
considered by the court as reasons to impose an extended term
sentence under Section 5-8-2 upon any offender:
(1) When a defendant is convicted of any felony, after
having been previously convicted in Illinois or any other
jurisdiction of the same or similar class felony or greater
class felony, when such conviction has occurred within 10
years after the previous conviction, excluding time spent
in custody, and such charges are separately brought and
tried and arise out of different series of acts; or
(2) When a defendant is convicted of any felony and the
court finds that the offense was accompanied by
exceptionally brutal or heinous behavior indicative of
wanton cruelty; or

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(3) When a defendant is convicted of any felony
committed against:
(i) a person under 12 years of age at the time of
the offense or such person's property;
(ii) a person 60 years of age or older at the time
of the offense or such person's property; or
(iii) a person physically handicapped at the time
of the offense or such person's property; or
(4) When a defendant is convicted of any felony and the
offense involved any of the following types of specific
misconduct committed as part of a ceremony, rite,
initiation, observance, performance, practice or activity
of any actual or ostensible religious, fraternal, or social
group:
(i) the brutalizing or torturing of humans or
animals;
(ii) the theft of human corpses;
(iii) the kidnapping of humans;
(iv) the desecration of any cemetery, religious,
fraternal, business, governmental, educational, or
other building or property; or
(v) ritualized abuse of a child; or
(5) When a defendant is convicted of a felony other
than conspiracy and the court finds that the felony was
committed under an agreement with 2 or more other persons
to commit that offense and the defendant, with respect to

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the other individuals, occupied a position of organizer,
supervisor, financier, or any other position of management
or leadership, and the court further finds that the felony
committed was related to or in furtherance of the criminal
activities of an organized gang or was motivated by the
defendant's leadership in an organized gang; or
(6) When a defendant is convicted of an offense
committed while using a firearm with a laser sight attached
to it. For purposes of this paragraph, "laser sight" has
the meaning ascribed to it in Section 26-7 of the Criminal
Code of 2012; or
(7) When a defendant who was at least 17 years of age
at the time of the commission of the offense is convicted
of a felony and has been previously adjudicated a
delinquent minor under the Juvenile Court Act of 1987 for
an act that if committed by an adult would be a Class X or
Class 1 felony when the conviction has occurred within 10
years after the previous adjudication, excluding time
spent in custody; or
(8) When a defendant commits any felony and the
defendant used, possessed, exercised control over, or
otherwise directed an animal to assault a law enforcement
officer engaged in the execution of his or her official
duties or in furtherance of the criminal activities of an
organized gang in which the defendant is engaged.
(c) The following factors may be considered by the court as

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reasons to impose an extended term sentence under Section 5-8-2
(730 ILCS 5/5-8-2) upon any offender for the listed offenses:
(1) When a defendant is convicted of first degree
murder, after having been previously convicted in Illinois
of any offense listed under paragraph (c)(2) of Section
5-5-3 (730 ILCS 5/5-5-3), when that conviction has occurred
within 10 years after the previous conviction, excluding
time spent in custody, and the charges are separately
brought and tried and arise out of different series of
acts.
(1.5) When a defendant is convicted of first degree
murder, after having been previously convicted of domestic
battery (720 ILCS 5/12-3.2) or aggravated domestic battery
(720 ILCS 5/12-3.3) committed on the same victim or after
having been previously convicted of violation of an order
of protection (720 ILCS 5/12-30) in which the same victim
was the protected person.
(2) When a defendant is convicted of voluntary
manslaughter, second degree murder, involuntary
manslaughter, or reckless homicide in which the defendant
has been convicted of causing the death of more than one
individual.
(3) When a defendant is convicted of aggravated
criminal sexual assault or criminal sexual assault, when
there is a finding that aggravated criminal sexual assault
or criminal sexual assault was also committed on the same

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victim by one or more other individuals, and the defendant
voluntarily participated in the crime with the knowledge of
the participation of the others in the crime, and the
commission of the crime was part of a single course of
conduct during which there was no substantial change in the
nature of the criminal objective.
(4) If the victim was under 18 years of age at the time
of the commission of the offense, when a defendant is
convicted of aggravated criminal sexual assault or
predatory criminal sexual assault of a child under
subsection (a)(1) of Section 11-1.40 or subsection (a)(1)
of Section 12-14.1 of the Criminal Code of 1961 or the
Criminal Code of 2012 (720 ILCS 5/11-1.40 or 5/12-14.1).
(5) When a defendant is convicted of a felony violation
of Section 24-1 of the Criminal Code of 1961 or the
Criminal Code of 2012 (720 ILCS 5/24-1) and there is a
finding that the defendant is a member of an organized
gang.
(6) When a defendant was convicted of unlawful use of
weapons under Section 24-1 of the Criminal Code of 1961 or
the Criminal Code of 2012 (720 ILCS 5/24-1) for possessing
a weapon that is not readily distinguishable as one of the
weapons enumerated in Section 24-1 of the Criminal Code of
1961 or the Criminal Code of 2012 (720 ILCS 5/24-1).
(7) When a defendant is convicted of an offense
involving the illegal manufacture of a controlled

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substance under Section 401 of the Illinois Controlled
Substances Act (720 ILCS 570/401), the illegal manufacture
of methamphetamine under Section 25 of the Methamphetamine
Control and Community Protection Act (720 ILCS 646/25), or
the illegal possession of explosives and an emergency
response officer in the performance of his or her duties is
killed or injured at the scene of the offense while
responding to the emergency caused by the commission of the
offense. In this paragraph, "emergency" means a situation
in which a person's life, health, or safety is in jeopardy;
and "emergency response officer" means a peace officer,
community policing volunteer, fireman, emergency medical
technician-ambulance, emergency medical
technician-intermediate, emergency medical
technician-paramedic, ambulance driver, other medical
assistance or first aid personnel, or hospital emergency
room personnel.
(d) For the purposes of this Section, "organized gang" has
the meaning ascribed to it in Section 10 of the Illinois
Streetgang Terrorism Omnibus Prevention Act.
(e) The court may impose an extended term sentence under
Article 4.5 of Chapter V upon an offender who has been
convicted of a felony violation of Section 11-1.20, 11-1.30,
11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or
12-16 of the Criminal Code of 1961 or the Criminal Code of 2012
when the victim of the offense is under 18 years of age at the

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time of the commission of the offense and, during the
commission of the offense, the victim was under the influence
of alcohol, regardless of whether or not the alcohol was
supplied by the offender; and the offender, at the time of the
commission of the offense, knew or should have known that the
victim had consumed alcohol.
(Source: P.A. 96-41, eff. 1-1-10; 96-292, eff. 1-1-10; 96-328,
eff. 8-11-09; 96-339, eff. 7-1-10; 96-1000, eff. 7-2-10;
96-1200, eff. 7-22-10; 96-1228, eff. 1-1-11; 96-1390, eff.
1-1-11; 96-1551, Article 1, Section 970, eff. 7-1-11; 96-1551,
Article 2, Section 1065, eff. 7-1-11; 97-38, eff. 6-28-11,
97-227, eff. 1-1-12; 97-333, eff. 8-12-11; 97-693, eff. 1-1-13;
97-1108, eff. 1-1-13; 97-1109, eff. 1-1-13; 97-1150, eff.
1-25-13.)
Section 815. The Criminal Code of 2012 is amended by adding
Section 24-9.3 as follows:
(720 ILCS 5/24-9.3 new)
Sec. 24-9.3. Prohibited person firearm access violation.
(a) A person commits prohibited person firearm access when
he or she stores or leaves, within premises under his or her
control, a firearm if the person knows or has reason to know
that a person prohibited from possessing a firearm because of a
felony conviction, domestic battery conviction, an outstanding
order of protection or stalking no-contact order against him or

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her, adjudication as a mental defective, having been a patient
in a mental institution within the past 5 years, or because he
or she is otherwise prohibited from obtaining a Firearm Owner's
Identification Card is likely to gain access to the firearm,
and the firearm:
(1) is not secured by a device or mechanism, other than
the firearm safety, designed to render a firearm
temporarily inoperable;
(2) is not placed in a securely locked box or
container; or
(3) is not placed in some other location that a
reasonable person would believe to be secure from a person.
(b) This Section does not apply:
(1) if the prohibited person gains access to a firearm
and uses it in a lawful act of self-defense or defense of
another;
(2) to any firearm obtained by a prohibited person
because of an unlawful entry of the premises by the
prohibited person or another person; or
(3) when the firearm is in the immediate possession or
control of the owner.
(c) For the purposes of this Section, "firearm" has the
meaning ascribed to it in Section 1.1 of the Firearm Owners
Identification Card Act.
(d) Sentence. A first violation of this Section is a Class
C misdemeanor and the person shall be fined not less than

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$1,000. A second or subsequent violation is a Class A
misdemeanor.
Section 825. The Firearm Owners Identification Card Act is
amended by changing Section 8 as follows:
(430 ILCS 65/8) (from Ch. 38, par. 83-8)
(Text of Section before amendment by P.A. 97-1167)
Sec. 8. Grounds for denial and revocation.
(A) The Department of State Police has authority to deny an
application for or to revoke and seize a Firearm Owner's
Identification Card previously issued under this Act only if
the Department finds that the applicant or the person to whom
such card was issued is or was at the time of issuance:
(a) A person under 21 years of age who has been convicted
of a misdemeanor other than a traffic offense or adjudged
delinquent;
(b) A person under 21 years of age who does not have the
written consent of his parent or guardian to acquire and
possess firearms and firearm ammunition, or whose parent or
guardian has revoked such written consent, or where such parent
or guardian does not qualify to have a Firearm Owner's
Identification Card;
(c) A person convicted of a felony under the laws of this
or any other jurisdiction;
(d) A person addicted to narcotics;

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(e) A person who has been a patient of a mental institution
within the past 5 years or has been adjudicated as a mental
defective;
(f) A person whose mental condition is of such a nature
that it poses a clear and present danger to the applicant, any
other person or persons or the community;
For the purposes of this Section, "mental condition" means
a state of mind manifested by violent, suicidal, threatening or
assaultive behavior.
(g) A person who is intellectually disabled;
(h) A person who intentionally makes a false statement in
the Firearm Owner's Identification Card application;
(i) An alien who is unlawfully present in the United States
under the laws of the United States;
(i-5) An alien who has been admitted to the United States
under a non-immigrant visa (as that term is defined in Section
101(a)(26) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(26))), except that this subsection (i-5) does not apply
to any alien who has been lawfully admitted to the United
States under a non-immigrant visa if that alien is:
(1) admitted to the United States for lawful hunting or
sporting purposes;
(2) an official representative of a foreign government
who is:
(A) accredited to the United States Government or
the Government's mission to an international

HB1155 Engrossed - 134 - LRB098 08475 RLC 38582 b
organization having its headquarters in the United
States; or
(B) en route to or from another country to which
that alien is accredited;
(3) an official of a foreign government or
distinguished foreign visitor who has been so designated by
the Department of State;
(4) a foreign law enforcement officer of a friendly
foreign government entering the United States on official
business; or
(5) one who has received a waiver from the Attorney
General of the United States pursuant to 18 U.S.C.
922(y)(3);
(j) (Blank);
(k) A person who has been convicted within the past 5 years
of battery, assault, aggravated assault, violation of an order
of protection, or a substantially similar offense in another
jurisdiction, in which a firearm was used or possessed;
(l) A person who has been convicted of domestic battery,
aggravated domestic battery, or a substantially similar
offense in another jurisdiction committed before, on or after
January 1, 2012 (the effective date of Public Act 97-158). If
the applicant or person who has been previously issued a
Firearm Owner's Identification Card under this Act knowingly
and intelligently waives the right to have an offense described
in this paragraph (l) tried by a jury, and by guilty plea or

HB1155 Engrossed - 135 - LRB098 08475 RLC 38582 b
otherwise, results in a conviction for an offense in which a
domestic relationship is not a required element of the offense
but in which a determination of the applicability of 18 U.S.C.
922(g)(9) is made under Section 112A-11.1 of the Code of
Criminal Procedure of 1963, an entry by the court of a judgment
of conviction for that offense shall be grounds for denying an
application for and for revoking and seizing a Firearm Owner's
Identification Card previously issued to the person under this
Act;
(m) (Blank);
(n) A person who is prohibited from acquiring or possessing
firearms or firearm ammunition by any Illinois State statute or
by federal law;
(o) A minor subject to a petition filed under Section 5-520
of the Juvenile Court Act of 1987 alleging that the minor is a
delinquent minor for the commission of an offense that if
committed by an adult would be a felony;
(p) An adult who had been adjudicated a delinquent minor
under the Juvenile Court Act of 1987 for the commission of an
offense that if committed by an adult would be a felony; or
(q) A person who is not a resident of the State of
Illinois, except as provided in subsection (a-10) of Section 4.
(B) The Department of State Police may revoke and seize a
Firearm Owner's Identification Card previously issued under
this Act of a person who fails to report the loss or theft of a
firearm a second time to the local law enforcement agency

HB1155 Engrossed - 136 - LRB098 08475 RLC 38582 b
within 72 hours after obtaining knowledge of the second loss or
theft.
(Source: P.A. 96-701, eff. 1-1-10; 97-158, eff. 1-1-12; 97-227,
eff. 1-1-12; 97-813, eff. 7-13-12; 97-1131, eff. 1-1-13.)
(Text of Section after amendment by P.A. 97-1167)
Sec. 8. Grounds for denial and revocation.
(A) The Department of State Police has authority to deny an
application for or to revoke and seize a Firearm Owner's
Identification Card previously issued under this Act only if
the Department finds that the applicant or the person to whom
such card was issued is or was at the time of issuance:
(a) A person under 21 years of age who has been convicted
of a misdemeanor other than a traffic offense or adjudged
delinquent;
(b) A person under 21 years of age who does not have the
written consent of his parent or guardian to acquire and
possess firearms and firearm ammunition, or whose parent or
guardian has revoked such written consent, or where such parent
or guardian does not qualify to have a Firearm Owner's
Identification Card;
(c) A person convicted of a felony under the laws of this
or any other jurisdiction;
(d) A person addicted to narcotics;
(e) A person who has been a patient of a mental institution
within the past 5 years. An active law enforcement officer

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employed by a unit of government who is denied, revoked, or has
his or her Firearm Owner's Identification Card seized under
this subsection (e) may obtain relief as described in
subsection (c-5) of Section 10 of this Act if the officer did
not act in a manner threatening to the officer, another person,
or the public as determined by the treating clinical
psychologist or physician, and the officer seeks mental health
treatment;
(f) A person whose mental condition is of such a nature
that it poses a clear and present danger to the applicant, any
other person or persons or the community;
For the purposes of this Section, "mental condition" means
a state of mind manifested by violent, suicidal, threatening or
assaultive behavior.
(g) A person who is intellectually disabled;
(h) A person who intentionally makes a false statement in
the Firearm Owner's Identification Card application;
(i) An alien who is unlawfully present in the United States
under the laws of the United States;
(i-5) An alien who has been admitted to the United States
under a non-immigrant visa (as that term is defined in Section
101(a)(26) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(26))), except that this subsection (i-5) does not apply
to any alien who has been lawfully admitted to the United
States under a non-immigrant visa if that alien is:
(1) admitted to the United States for lawful hunting or

HB1155 Engrossed - 138 - LRB098 08475 RLC 38582 b
sporting purposes;
(2) an official representative of a foreign government
who is:
(A) accredited to the United States Government or
the Government's mission to an international
organization having its headquarters in the United
States; or
(B) en route to or from another country to which
that alien is accredited;
(3) an official of a foreign government or
distinguished foreign visitor who has been so designated by
the Department of State;
(4) a foreign law enforcement officer of a friendly
foreign government entering the United States on official
business; or
(5) one who has received a waiver from the Attorney
General of the United States pursuant to 18 U.S.C.
922(y)(3);
(j) (Blank);
(k) A person who has been convicted within the past 5 years
of battery, assault, aggravated assault, violation of an order
of protection, or a substantially similar offense in another
jurisdiction, in which a firearm was used or possessed;
(l) A person who has been convicted of domestic battery,
aggravated domestic battery, or a substantially similar
offense in another jurisdiction committed before, on or after

HB1155 Engrossed - 139 - LRB098 08475 RLC 38582 b
January 1, 2012 (the effective date of Public Act 97-158). If
the applicant or person who has been previously issued a
Firearm Owner's Identification Card under this Act knowingly
and intelligently waives the right to have an offense described
in this paragraph (l) tried by a jury, and by guilty plea or
otherwise, results in a conviction for an offense in which a
domestic relationship is not a required element of the offense
but in which a determination of the applicability of 18 U.S.C.
922(g)(9) is made under Section 112A-11.1 of the Code of
Criminal Procedure of 1963, an entry by the court of a judgment
of conviction for that offense shall be grounds for denying an
application for and for revoking and seizing a Firearm Owner's
Identification Card previously issued to the person under this
Act;
(m) (Blank);
(n) A person who is prohibited from acquiring or possessing
firearms or firearm ammunition by any Illinois State statute or
by federal law;
(o) A minor subject to a petition filed under Section 5-520
of the Juvenile Court Act of 1987 alleging that the minor is a
delinquent minor for the commission of an offense that if
committed by an adult would be a felony;
(p) An adult who had been adjudicated a delinquent minor
under the Juvenile Court Act of 1987 for the commission of an
offense that if committed by an adult would be a felony;
(q) A person who is not a resident of the State of

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Illinois, except as provided in subsection (a-10) of Section 4;
or
(r) A person who has been adjudicated as a mental
defective.
(B) The Department of State Police may revoke and seize a
Firearm Owner's Identification Card previously issued under
this Act of a person who fails to report the loss or theft of a
firearm a second time to the local law enforcement agency
within 72 hours after obtaining knowledge of the second loss or
theft.
(Source: P.A. 96-701, eff. 1-1-10; 97-158, eff. 1-1-12; 97-227,
eff. 1-1-12; 97-813, eff. 7-13-12; 97-1131, eff. 1-1-13;
97-1167, eff. 6-1-13.)
Section 826. The Criminal Code of 2012 is amended by adding
Section 24-4.1 as follows:
(720 ILCS 5/24-4.1 new)
Sec. 24-4.1. Report of lost or stolen firearms.
(a) If a person who possesses a valid Firearm Owner's
Identification Card and who possesses or acquires a firearm
thereafter loses or misplaces the firearm, or if the firearm is
stolen from the person, the person must report the loss or
theft to the local law enforcement agency within 72 hours after
obtaining knowledge of the loss or theft.
(b) Sentence. A person who violates this Section is guilty

HB1155 Engrossed - 141 - LRB098 08475 RLC 38582 b
of a petty offense for a first violation. A second or
subsequent violation of this Section is a Class A misdemeanor.
Section 827. No acceleration or delay. Where this Act makes
changes in a statute that is represented in this Act by text
that is not yet or no longer in effect (for example, a Section
represented by multiple versions), the use of that text does
not accelerate or delay the taking effect of (i) the changes
made by this Act or (ii) provisions derived from any other
Public Act.
Section 999. Effective date. This Act takes effect upon
becoming law.