Bill Text: IL HB2770 | 2023-2024 | 103rd General Assembly | Introduced

---

Bill Title: Creates the Microstamping Funding Program Act. Provides that the State shall establish a grant program for law enforcement officers for microstamp-ready firearms. Provides that the grant program shall be administered by the Illinois Criminal Justice Information Authority. Provides for the administration of the program. Amends the School Code. Requires school boards to develop a trauma response protocol that shall be implemented in response to a traumatic event at a school, including, but not limited to, a shooting at the school. Sets forth various requirements for the protocol, including response by hospitals, trauma intervention services, and community engagement. Provides that all moneys in the Trauma Response Fund shall be paid as grants to school districts to implement the trauma response protocol. Amends the Mental Health and Developmental Disabilities Code to require a physician, clinical psychologist, or qualified examiner to determine whether to file an action under the Firearms Restraining Order Act under specified circumstances. Amends the Developmental Disability and Mental Disability Services Act. Requires the Department of Human Services to establish family centers throughout the State to provide counseling and mental health services to families who are indigent. Amends the Firearm Owners Identification Card Act. Provides that each local law enforcement agency shall issue a firearm permit to an applicant who seeks the purchase of a firearm to verify the identity of the purchaser and shall complete a full criminal background check of the applicant that includes obtaining fingerprints from the prospective firearm purchaser. Provides that each local law enforcement agency shall keep records of those permits and make them available to the Illinois State Police through the Law Enforcement Agencies Data System (LEADS). Amends various other Acts to make conforming changes. Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2023-03-10 - Rule 19(a) / Re-referred to Rules Committee [HB2770 Detail]

Download: Illinois-2023-HB2770-Introduced.html

---

103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2770 Introduced , by Rep. Kevin John Olickal SYNOPSIS AS INTRODUCED:
See Index
Creates the Microstamping Funding Program Act. Provides that the State shall establish a grant program for law enforcement officers for microstamp-ready firearms. Provides that the grant program shall be administered by the Illinois Criminal Justice Information Authority. Provides for the administration of the program. Amends the School Code. Requires school boards to develop a trauma response protocol that shall be implemented in response to a traumatic event at a school, including, but not limited to, a shooting at the school. Sets forth various requirements for the protocol, including response by hospitals, trauma intervention services, and community engagement. Provides that all moneys in the Trauma Response Fund shall be paid as grants to school districts to implement the trauma response protocol. Amends the Mental Health and Developmental Disabilities Code to require a physician, clinical psychologist, or qualified examiner to determine whether to file an action under the Firearms Restraining Order Act under specified circumstances. Amends the Developmental Disability and Mental Disability Services Act. Requires the Department of Human Services to establish family centers throughout the State to provide counseling and mental health services to families who are indigent. Amends the Firearm Owners Identification Card Act. Provides that each local law enforcement agency shall issue a firearm permit to an applicant who seeks the purchase of a firearm to verify the identity of the purchaser and shall complete a full criminal background check of the applicant that includes obtaining fingerprints from the prospective firearm purchaser. Provides that each local law enforcement agency shall keep records of those permits and make them available to the Illinois State Police through the Law Enforcement Agencies Data System (LEADS). Amends various other Acts to make conforming changes. Effective immediately.
LRB103 26858 RLC 53222 b
A BILL FOR
HB2770 LRB103 26858 RLC 53222 b
AN ACT concerning microstamping.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Article 1.
Section 1-1. Short title. This Article may be cited as the
Microstamping Funding Program Act. References in this Article
to "this Act" mean this Article.
Section 1-5. Legislative findings. The General Assembly
finds that:
Law enforcement makes an arrest in only 35% of firearm
homicides and 21% of firearm assaults when the victim was
Black or Hispanic. Microstamping is a powerful crime-solving
tool that can help law enforcement quickly solve gun crimes.
Microstamping is a reliable ballistics identification tool,
and can greatly enhance traditional ballistics analysis and
the current National Integrated Ballistics Information Network
(NIBIN) system by providing a direct link between a spent
cartridge case and a firearm.
The leads generated from fired cartridge cases, bearing
microstamps found at crime scenes, have the potential to help
law enforcement solve gun-related crimes while limiting
negative interactions with law enforcement, especially in

HB2770 - 2 - LRB103 26858 RLC 53222 b
minority communities. While this crime-solving technology
exists, firearm manufacturers have not yet produced
microstamp-ready firearms.
It behooves the State to install a program in partnership
with law enforcement to bring microstamp-ready firearms into
use in Illinois.
Section 1-10. Definitions. In this Act:
"CGIC" means the Crime Gun Intelligence Center.
"Microstamp-ready" means that the firearm is capable of
producing a unique alphanumeric or geometric code on at least
one location on each expended cartridge case that can be used
to identify the make, model, and serial number of the firearm.
"Microstamping component or mechanism" means a component
or mechanism of a firearm or an insertable component or
mechanism designed and intended to produce a unique
alphanumeric or geometric code on an expended cartridge that
identifies the make, model, and serial number of the firearm.
"NIBIN" means the National Integrated Ballistic
Information Network.
Section 1-15. Grants for microstamp-ready firearms or
insertable microstamping components or mechanisms, or both.
(a) There is created in the State treasury the
Microstamp-ready Firearms Fund to be administered by the
Illinois Criminal Justice Information Authority for the

HB2770 - 3 - LRB103 26858 RLC 53222 b
purpose of issuing grants to law enforcement agencies to
purchase or replenish microstamp-ready firearms or insertable
microstamping components or mechanisms to be installed in
firearms, or both, for their officers.
(b) Subject to appropriation, the State Comptroller shall
transfer from the General Revenue Fund to the Microstamp-ready
Firearms Fund $500,000 to establish a grant program for
microstamp-ready firearms in Illinois. The program shall
award:
(1) Replenishment grants: grants between $35,000 and
$50,000, for the replenishment of new microstamp-ready
firearms or insertable microstamping components or
mechanisms, or both, for their law enforcement officers.
One of these grants shall be for a State law enforcement
agency, and the other 3 shall be for 3 municipal law
enforcement agencies of municipalities with a population
between 50,000 and 200,000 that purchase firearms for
their officers through a quartermaster system, in which
the quartermaster is responsible for the purchase,
inventory, and dissemination of uniforms and equipment to
officers.
(2) New officer grants: grants between $5,000 to
$20,000 to law enforcement agencies of municipalities with
a population between 30,000 and 200,000 to assist with the
purchase of firearms by new officers.
(c) Nothing in this Act prohibits State or municipal law

HB2770 - 4 - LRB103 26858 RLC 53222 b
enforcement agencies from purchasing or replenishing
microstamp-ready firearms or insertable microstamping
components or mechanisms, or both, for their law enforcement
officers from funding sources independent of the provisions of
this Act.
Section 1-20. Administration and restrictions. The grant
program shall be administered by the Illinois Criminal Justice
Information Authority and the grant funds shall only be used
for the purchase of microstamp-ready firearms or microstamping
components or mechanisms, or both, to be installed in firearms
by law enforcement agencies that are grant recipients.
Section 1-25. Education and training. Education and
training associated with microstamp-ready firearms, and
integration with the NIBIN and CGIC centers in Illinois shall
be included in the program.
Section 1-30. Grant application and participation. The
Illinois Criminal Justice Information Authority shall
establish the objectives and provide direction for the
program's grant application process, by which qualified law
enforcement agencies can apply to receive funds for
microstamp-ready firearms or insertable microstamping
components or mechanisms, or both, for use by their officers.
Law enforcement agencies participating in the grant program

HB2770 - 5 - LRB103 26858 RLC 53222 b
must have their officers using the microstamp-ready firearms
or insertable microstamping components or mechanisms, or both,
as soon as they are delivered. The Illinois Criminal Justice
Information Authority must establish the grant program and
post the Notice of Funding Opportunity no later than September
1, 2024.
All grants under this program must be awarded by June 30,
2023.
Law enforcement agencies that have been awarded funds must
use the funds within one year of receipt or the funds shall be
returned to the State treasury to be deposited into the
General Revenue Fund. Funds are only to be used for the
purchase of microstamp-ready firearms or insertable
microstamping components or mechanisms to be installed in
firearms.
Section 1-35. Data collection. The Illinois Criminal
Justice Information Authority shall collect data from each
grant recipient, including but not limited to: the number of
microstamp-ready firearms or insertable microstamping
components or mechanisms, or both, purchased, manufacturer,
number of officers using the microstamp-ready firearms, and
the number of microstamp-ready firearms that are discharged in
the first year of use.
Section 1-90. The Illinois Administrative Procedure Act is

HB2770 - 6 - LRB103 26858 RLC 53222 b
amended by adding Section 5-45.38 as follows:
(5 ILCS 100/5-45.38 new)
Sec. 5-45.38. Emergency rulemaking; Illinois Criminal
Justice Information Authority. To provide for the expeditious
and timely implementation of the Microstamping Funding Program
Act, emergency rules implementing the Microstamping Funding
Program Act may be adopted in accordance with Section 5-45 by
the Illinois Criminal Justice Information Authority. The
adoption of emergency rules authorized by Section 5-45 and
this Section is deemed to be necessary for the public
interest, safety, and welfare.
This Section is repealed one year after the effective date
of this amendatory Act of the 103rd General Assembly.
Section 1-95. The State Finance Act is amended by adding
Section 5.990 as follows:
(30 ILCS 105/5.990 new)
Sec. 5.990. The Microstamp-ready Firearms Fund.
Article 2.
Section 2-5. The State Finance Act is amended by adding
Section 5.991 as follows:

HB2770 - 7 - LRB103 26858 RLC 53222 b
(30 ILCS 105/5.991 new)
Sec. 5.991. The Trauma Response Fund.
Section 2-10. The School Code is amended by adding
Sections 10-20.82 and 34-18.77 as follows:
(105 ILCS 5/10-20.82 new)
Sec. 10-20.82. Trauma response protocol.
(a) Each school board shall develop a trauma response
protocol that shall be implemented in response to a traumatic
event at a school, including, but not limited to, a shooting at
the school. The trauma response protocol shall include, but is
not limited to, the following:
(1) As soon as practicable after the traumatic
incident triggering the implementation of the trauma
response protocol and after the scene is secured by law
enforcement, the hospital nearest to the scene of the
traumatic incident shall send mental health first
responders to the school. Survivors of the shooting shall
be offered immediate grief and trauma-based counseling.
With respect to the requirements of this paragraph, the
school board shall establish an agreement with each nearby
hospital, and shall designate which hospital is considered
to be nearest to each school.
(2) Within 5 calendar days after a traumatic incident
triggering the implementation of the trauma response

HB2770 - 8 - LRB103 26858 RLC 53222 b
protocol, the school or school district shall make
available trauma intervention services for the survivors
of the incident and others who may be impacted by the
incident. In areas with frequent gun violence, additional
psycho-emotional support services shall be developed that
include, but are not limited to, group counseling,
peer-to-peer support, and other measures. With respect to
the requirements of this paragraph, school districts may
partner with local community groups to implement these
requirements.
(3) School boards shall develop a plan of community
engagement and, if necessary, to recruit volunteers from
the communities experiencing gun violence. School boards
may partner with community members, the faith-based
community, and other organizations to engage in the
recruitment efforts.
(b) The Trauma Response Fund is created as a special fund
in the State treasury. All moneys in the Fund shall be paid,
subject to appropriation by the General Assembly and
distribution by the State Board of Education, as grants to
school districts to implement trauma response protocols under
this Section and Section 34-18.77.
(105 ILCS 5/34-18.77 new)
Sec. 34-18.77. Trauma response protocol. The board shall
develop a trauma response protocol that shall be implemented

HB2770 - 9 - LRB103 26858 RLC 53222 b
in response to a traumatic event at a school, including, but
not limited to, a shooting at the school. The trauma response
protocol shall include, but is not limited to, the following:
(1) As soon as practicable after the traumatic
incident triggering the implementation of the trauma
response protocol and after the scene is secured by law
enforcement, the hospital nearest to the scene of the
traumatic incident shall send mental health first
responders to the school. Survivors of the shooting shall
be offered immediate grief and trauma-based counseling.
With respect to the requirements of this paragraph, the
board shall establish an agreement with each nearby
hospital, and shall designate which hospital is considered
to be nearest to each school.
(2) Within 5 calendar days after a traumatic incident
triggering the implementation of the trauma response
protocol, the school or the board shall make available
trauma intervention services for the survivors of the
incident and others who may be impacted by the incident.
In areas with frequent gun violence, additional
psycho-emotional support services shall be developed that
include, but are not limited to, group counseling,
peer-to-peer support, and other measures. With respect to
the requirements of this paragraph, the board may partner
with local community groups to implement these
requirements.

HB2770 - 10 - LRB103 26858 RLC 53222 b
(3) The board shall develop a plan of community
engagement and, if necessary, to recruit volunteers from
the communities experiencing gun violence. The board may
partner with community members, the faith-based community,
and other organizations to engage in the recruitment
efforts.
Section 2-15. The University of Illinois Hospital Act is
amended by adding Section 15 as follows:
(110 ILCS 330/15 new)
Sec. 15. School trauma response protocol. The University
of Illinois Hospital shall, pursuant to paragraph (1) of
Section 10-20.82 or paragraph (1) of Section 34-18.77 of the
School Code, as applicable, establish agreements with school
districts in the development of a trauma response protocol.
Section 2-20. The Hospital Licensing Act is amended by
adding Section 6.34 as follows:
(210 ILCS 85/6.34 new)
Sec. 6.34. School trauma response protocol. Every hospital
shall, pursuant to paragraph (1) of Section 10-20.82 or
paragraph (1) of Section 34-18.77 of the School Code, as
applicable, establish agreements with school districts in the
development of a trauma response protocol.

HB2770 - 11 - LRB103 26858 RLC 53222 b
Section 2-25. The Mental Health and Developmental
Disabilities Code is amended by changing Section 6-103.3 as
follows:
(405 ILCS 5/6-103.3)
Sec. 6-103.3. Clear and present danger; notice.
(a) If a person is determined to pose a clear and present
danger to himself, herself, or to others by a physician,
clinical psychologist, or qualified examiner, whether employed
by the State, by any public or private mental health facility
or part thereof, or by a law enforcement official or a school
administrator, then the physician, clinical psychologist,
qualified examiner shall notify the Department of Human
Services and a law enforcement official or school
administrator shall notify the Illinois State Police, within
24 hours of making the determination that the person poses a
clear and present danger. The Department of Human Services
shall immediately update its records and information relating
to mental health and developmental disabilities, and if
appropriate, shall notify the Illinois State Police in a form
and manner prescribed by the Illinois State Police. If a
person has been determined to pose a clear and present danger
under this subsection, the physician, clinical psychologist,
or qualified examiner shall determine whether to file an
action under the Firearms Restraining Order Act naming that

HB2770 - 12 - LRB103 26858 RLC 53222 b
person as the respondent.
(b) Information disclosed under this Section shall remain
privileged and confidential, and shall not be redisclosed,
except as required under subsection (e) of Section 3.1 of the
Firearm Owners Identification Card Act or for the purpose of
an action under the Firearms Restraining Order Act, nor used
for any other purpose. The method of providing this
information shall guarantee that the information is not
released beyond that which is necessary for the purposes
provided by purpose of this Section and shall be provided by
rule by the Department of Human Services. The identity of the
person reporting under this Section shall not be disclosed to
the subject of the report. The physician, clinical
psychologist, qualified examiner, law enforcement official, or
school administrator making the determination and his or her
employer shall not be held criminally, civilly, or
professionally liable for making or not making the
notification required under this Section, except for willful
or wanton misconduct. This Section does not apply to a law
enforcement official, if making the notification under this
Section will interfere with an ongoing or pending criminal
investigation.
(c) For the purposes of this Section:
"Clear and present danger" has the meaning ascribed to
it in Section 1.1 of the Firearm Owners Identification
Card Act.

HB2770 - 13 - LRB103 26858 RLC 53222 b
"Determined to pose a clear and present danger to
himself, herself, or to others by a physician, clinical
psychologist, or qualified examiner" means in the
professional opinion of the physician, clinical
psychologist, or qualified examiner, a person poses a
clear and present danger.
"School administrator" means the person required to
report under the School Administrator Reporting of Mental
Health Clear and Present Danger Determinations Law.
(Source: P.A. 102-538, eff. 8-20-21.)
Section 2-30. The Developmental Disability and Mental
Disability Services Act is by adding Section 7-5 as follows:
(405 ILCS 80/7-5 new)
Sec. 7-5. Mental health services for indigent families.
The Department of Human Services shall establish family
centers throughout this State to provide counseling and mental
health services to families who are indigent based on any
behavior or mental health condition as determined by
Department rule. The Department shall employ or contract with
psychiatrists, clinical psychologists, clinical social
workers, and licensed marriage and family therapists to
provide those services.
Section 2-35. The Firearm Owners Identification Card Act

HB2770 - 14 - LRB103 26858 RLC 53222 b
is amended by changing Sections 3 and 8.1 and by adding Section
3.4 as follows:
(430 ILCS 65/3) (from Ch. 38, par. 83-3)
(Text of Section before amendment by P.A. 102-237)
Sec. 3. (a) Except as provided in Section 3a, no person may
knowingly transfer, or cause to be transferred, any firearm,
firearm ammunition, stun gun, or taser to any person within
this State unless the transferee with whom he deals displays
either: (1) a currently valid Firearm Owner's Identification
Card which has previously been issued in his or her name by the
Illinois State Police under the provisions of this Act; or (2)
a currently valid license to carry a concealed firearm which
has previously been issued in his or her name by the Illinois
State Police under the Firearm Concealed Carry Act. In
addition, all firearm, stun gun, and taser transfers by
federally licensed firearm dealers are subject to Section 3.1.
(a-1) Before a person purchases or receives a firearm from
a federally licensed firearm dealer, the person must display
to the dealer of the firearm a permit to purchase or receive
the firearm issued by the local law enforcement agency under
Section 3.4.
(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 Illinois State Police to

HB2770 - 15 - LRB103 26858 RLC 53222 b
conduct a background check on the prospective recipient of the
firearm in accordance with Section 3.1.
(a-10) Notwithstanding item (2) of subsection (a) of this
Section, any person who is not a federally licensed firearm
dealer and who desires to transfer or sell a firearm or
firearms to any person who is not a federally licensed firearm
dealer shall, before selling or transferring the firearms,
contact a federal firearm license dealer under paragraph (1)
of subsection (a-15) of this Section to conduct the transfer
or the Illinois State Police with the transferee's or
purchaser's Firearm Owner's Identification Card number to
determine the validity of the transferee's or purchaser's
Firearm Owner's Identification Card under State and federal
law including the National Instant Criminal Background Check
System. This subsection shall not be effective until July 1,
2023. Until that date the transferor shall contact the
Illinois State Police with the transferee's or purchaser's
Firearm Owner's Identification Card number to determine the
validity of the card. The Illinois State Police may adopt
rules concerning the implementation of this subsection. The
Illinois State Police shall provide the seller or transferor
an approval number if the purchaser's Firearm Owner's
Identification Card is valid. Approvals issued by the Illinois
State Police for the purchase of a firearm pursuant to this
subsection are valid for 30 days from the date of issue.
(a-15) The provisions of subsection (a-10) of this Section

HB2770 - 16 - LRB103 26858 RLC 53222 b
do not apply to:
(1) transfers that occur at the place of business of a
federally licensed firearm dealer, if the federally
licensed firearm dealer conducts a background check on the
prospective recipient of the firearm in accordance with
Section 3.1 of this Act and follows all other applicable
federal, State, and local laws as if he or she were the
seller or transferor of the firearm, although the dealer
is not required to accept the firearm into his or her
inventory. The purchaser or transferee may be required by
the federally licensed firearm dealer to pay a fee not to
exceed $25 per firearm, which the dealer may retain as
compensation for performing the functions required under
this paragraph, plus the applicable fees authorized by
Section 3.1;
(2) transfers as a bona fide gift to the transferor's
husband, wife, son, daughter, stepson, stepdaughter,
father, mother, stepfather, stepmother, brother, sister,
nephew, niece, uncle, aunt, grandfather, grandmother,
grandson, granddaughter, father-in-law, mother-in-law,
son-in-law, or daughter-in-law;
(3) transfers by persons acting pursuant to operation
of law or a court order;
(4) transfers on the grounds of a gun show under
subsection (a-5) of this Section;
(5) the delivery of a firearm by its owner to a

HB2770 - 17 - LRB103 26858 RLC 53222 b
gunsmith for service or repair, the return of the firearm
to its owner by the gunsmith, or the delivery of a firearm
by a gunsmith to a federally licensed firearms dealer for
service or repair and the return of the firearm to the
gunsmith;
(6) temporary transfers that occur while in the home
of the unlicensed transferee, if the unlicensed transferee
is not otherwise prohibited from possessing firearms and
the unlicensed transferee reasonably believes that
possession of the firearm is necessary to prevent imminent
death or great bodily harm to the unlicensed transferee;
(7) transfers to a law enforcement or corrections
agency or a law enforcement or corrections officer acting
within the course and scope of his or her official duties;
(8) transfers of firearms that have been rendered
permanently inoperable to a nonprofit historical society,
museum, or institutional collection; and
(9) transfers to a person who is exempt from the
requirement of possessing a Firearm Owner's Identification
Card under Section 2 of this Act.
(a-20) The Illinois State Police shall develop an
Internet-based system for individuals to determine the
validity of a Firearm Owner's Identification Card prior to the
sale or transfer of a firearm. The Illinois State Police shall
have the Internet-based system updated and available for use
by January 1, 2024. The Illinois State Police shall adopt

HB2770 - 18 - LRB103 26858 RLC 53222 b
rules not inconsistent with this Section to implement this
system, but no rule shall allow the Illinois State Police to
retain records in contravention of State and federal law.
(a-25) On or before January 1, 2022, the Illinois State
Police shall develop an Internet-based system upon which the
serial numbers of firearms that have been reported stolen are
available for public access for individuals to ensure any
firearms are not reported stolen prior to the sale or transfer
of a firearm under this Section. The Illinois State Police
shall have the Internet-based system completed and available
for use by July 1, 2022. The Illinois State Police shall adopt
rules not inconsistent with this Section to implement this
system.
(b) Any person within this State who transfers or causes
to be transferred any firearm, stun gun, or taser shall keep a
record of such transfer for a period of 10 years from the date
of transfer. Any person within this State who receives any
firearm, stun gun, or taser pursuant to subsection (a-10)
shall provide a record of the transfer within 10 days of the
transfer to a federally licensed firearm dealer and shall not
be required to maintain a transfer record. The federally
licensed firearm dealer shall maintain the transfer record for
20 years from the date of receipt. A federally licensed
firearm dealer may charge a fee not to exceed $25 to retain the
record. The record shall be provided and maintained in either
an electronic or paper format. The federally licensed firearm

HB2770 - 19 - LRB103 26858 RLC 53222 b
dealer shall not be liable for the accuracy of any information
in the transfer record submitted pursuant to this Section.
Such records shall contain the date of the transfer; the
description, serial number or other information identifying
the firearm, stun gun, or taser if no serial number is
available; and, if the transfer was completed within this
State, the transferee's Firearm Owner's Identification Card
number and any approval number or documentation provided by
the Illinois State Police pursuant to subsection (a-10) of
this Section; if the transfer was not completed within this
State, the record shall contain the name and address of the
transferee. On or after January 1, 2006, the record shall
contain the date of application for transfer of the firearm.
On demand of a peace officer such transferor shall produce for
inspection such record of transfer. For any transfer pursuant
to subsection (a-10) of this Section, on the demand of a peace
officer, such transferee shall identify the federally licensed
firearm dealer maintaining the transfer record. If the
transfer or sale took place at a gun show, the record shall
include the unique identification number. Failure to record
the unique identification number or approval number is a petty
offense. For transfers of a firearm, stun gun, or taser made on
or after January 18, 2019 (the effective date of Public Act
100-1178), failure by the private seller to maintain the
transfer records in accordance with this Section, or failure
by a transferee pursuant to subsection a-10 of this Section to

HB2770 - 20 - LRB103 26858 RLC 53222 b
identify the federally licensed firearm dealer maintaining the
transfer record, is a Class A misdemeanor for the first
offense and a Class 4 felony for a second or subsequent offense
occurring within 10 years of the first offense and the second
offense was committed after conviction of the first offense.
Whenever any person who has not previously been convicted of
any violation of subsection (a-5), the court may grant
supervision pursuant to and consistent with the limitations of
Section 5-6-1 of the Unified Code of Corrections. A transferee
or transferor shall not be criminally liable under this
Section provided that he or she provides the Illinois State
Police with the transfer records in accordance with procedures
established by the Illinois State Police. The Illinois State
Police shall establish, by rule, a standard form on its
website.
(b-5) Any resident may purchase ammunition from a person
within or outside of Illinois if shipment is by United States
mail or by a private express carrier authorized by federal law
to ship ammunition. Any resident purchasing ammunition within
or outside the State of Illinois must provide the seller with a
copy of his or her valid Firearm Owner's Identification Card
or valid concealed carry license and either his or her
Illinois driver's license or Illinois State Identification
Card prior to the shipment of the ammunition. The ammunition
may be shipped only to an address on either of those 2
documents.

HB2770 - 21 - LRB103 26858 RLC 53222 b
(c) The provisions of this Section regarding the transfer
of firearm ammunition shall not apply to those persons
specified in paragraph (b) of Section 2 of this Act.
(Source: P.A. 102-538, eff. 8-20-21; 102-813, eff. 5-13-22;
102-1116, eff. 1-10-23.)
(Text of Section after amendment by P.A. 102-237)
Sec. 3. (a) Except as provided in Section 3a, no person may
knowingly transfer, or cause to be transferred, any firearm,
firearm ammunition, stun gun, or taser to any person within
this State unless the transferee with whom he deals displays
either: (1) a currently valid Firearm Owner's Identification
Card which has previously been issued in his or her name by the
Illinois State Police under the provisions of this Act; or (2)
a currently valid license to carry a concealed firearm which
has previously been issued in his or her name by the Illinois
State Police under the Firearm Concealed Carry Act. In
addition, all firearm, stun gun, and taser transfers by
federally licensed firearm dealers are subject to Section 3.1.
(a-1) Before a person purchases or receives a firearm from
a federally licensed firearm dealer, the person must display
to the dealer of the firearm a permit to purchase or receive
the firearm issued by the local law enforcement agency under
Section 3.4.
(a-5) Any person who is not a federally licensed firearm
dealer and who desires to transfer or sell a firearm while that

HB2770 - 22 - LRB103 26858 RLC 53222 b
person is on the grounds of a gun show must, before selling or
transferring the firearm, request the Illinois State Police to
conduct a background check on the prospective recipient of the
firearm in accordance with Section 3.1.
(a-10) Notwithstanding item (2) of subsection (a) of this
Section, any person who is not a federally licensed firearm
dealer and who desires to transfer or sell a firearm or
firearms to any person who is not a federally licensed firearm
dealer shall, before selling or transferring the firearms,
contact a federal firearm license dealer under paragraph (1)
of subsection (a-15) of this Section to conduct the transfer
or the Illinois State Police with the transferee's or
purchaser's Firearm Owner's Identification Card number to
determine the validity of the transferee's or purchaser's
Firearm Owner's Identification Card under State and federal
law, including the National Instant Criminal Background Check
System. This subsection shall not be effective until July 1,
2023. Until that date the transferor shall contact the
Illinois State Police with the transferee's or purchaser's
Firearm Owner's Identification Card number to determine the
validity of the card. The Illinois State Police may adopt
rules concerning the implementation of this subsection. The
Illinois State Police shall provide the seller or transferor
an approval number if the purchaser's Firearm Owner's
Identification Card is valid. Approvals issued by the Illinois
State Police for the purchase of a firearm pursuant to this

HB2770 - 23 - LRB103 26858 RLC 53222 b
subsection are valid for 30 days from the date of issue.
(a-15) The provisions of subsection (a-10) of this Section
do not apply to:
(1) transfers that occur at the place of business of a
federally licensed firearm dealer, if the federally
licensed firearm dealer conducts a background check on the
prospective recipient of the firearm in accordance with
Section 3.1 of this Act and follows all other applicable
federal, State, and local laws as if he or she were the
seller or transferor of the firearm, although the dealer
is not required to accept the firearm into his or her
inventory. The purchaser or transferee may be required by
the federally licensed firearm dealer to pay a fee not to
exceed $25 per firearm, which the dealer may retain as
compensation for performing the functions required under
this paragraph, plus the applicable fees authorized by
Section 3.1;
(2) transfers as a bona fide gift to the transferor's
husband, wife, son, daughter, stepson, stepdaughter,
father, mother, stepfather, stepmother, brother, sister,
nephew, niece, uncle, aunt, grandfather, grandmother,
grandson, granddaughter, father-in-law, mother-in-law,
son-in-law, or daughter-in-law;
(3) transfers by persons acting pursuant to operation
of law or a court order;
(4) transfers on the grounds of a gun show under

HB2770 - 24 - LRB103 26858 RLC 53222 b
subsection (a-5) of this Section;
(5) the delivery of a firearm by its owner to a
gunsmith for service or repair, the return of the firearm
to its owner by the gunsmith, or the delivery of a firearm
by a gunsmith to a federally licensed firearms dealer for
service or repair and the return of the firearm to the
gunsmith;
(6) temporary transfers that occur while in the home
of the unlicensed transferee, if the unlicensed transferee
is not otherwise prohibited from possessing firearms and
the unlicensed transferee reasonably believes that
possession of the firearm is necessary to prevent imminent
death or great bodily harm to the unlicensed transferee;
(7) transfers to a law enforcement or corrections
agency or a law enforcement or corrections officer acting
within the course and scope of his or her official duties;
(8) transfers of firearms that have been rendered
permanently inoperable to a nonprofit historical society,
museum, or institutional collection; and
(9) transfers to a person who is exempt from the
requirement of possessing a Firearm Owner's Identification
Card under Section 2 of this Act.
(a-20) The Illinois State Police shall develop an
Internet-based system for individuals to determine the
validity of a Firearm Owner's Identification Card prior to the
sale or transfer of a firearm. The Illinois State Police shall

HB2770 - 25 - LRB103 26858 RLC 53222 b
have the Internet-based system updated and available for use
by January 1, 2024. The Illinois State Police shall adopt
rules not inconsistent with this Section to implement this
system; but no rule shall allow the Illinois State Police to
retain records in contravention of State and federal law.
(a-25) On or before January 1, 2022, the Illinois State
Police shall develop an Internet-based system upon which the
serial numbers of firearms that have been reported stolen are
available for public access for individuals to ensure any
firearms are not reported stolen prior to the sale or transfer
of a firearm under this Section. The Illinois State Police
shall have the Internet-based system completed and available
for use by July 1, 2022. The Illinois State Police shall adopt
rules not inconsistent with this Section to implement this
system.
(b) Any person within this State who transfers or causes
to be transferred any firearm, stun gun, or taser shall keep a
record of such transfer for a period of 10 years from the date
of transfer. Any person within this State who receives any
firearm, stun gun, or taser pursuant to subsection (a-10)
shall provide a record of the transfer within 10 days of the
transfer to a federally licensed firearm dealer and shall not
be required to maintain a transfer record. The federally
licensed firearm dealer shall maintain the transfer record for
20 years from the date of receipt. A federally licensed
firearm dealer may charge a fee not to exceed $25 to retain the

HB2770 - 26 - LRB103 26858 RLC 53222 b
record. The record shall be provided and maintained in either
an electronic or paper format. The federally licensed firearm
dealer shall not be liable for the accuracy of any information
in the transfer record submitted pursuant to this Section.
Such records shall contain the date of the transfer; the
description, serial number or other information identifying
the firearm, stun gun, or taser if no serial number is
available; and, if the transfer was completed within this
State, the transferee's Firearm Owner's Identification Card
number and any approval number or documentation provided by
the Illinois State Police pursuant to subsection (a-10) of
this Section; if the transfer was not completed within this
State, the record shall contain the name and address of the
transferee. On or after January 1, 2006, the record shall
contain the date of application for transfer of the firearm.
On demand of a peace officer such transferor shall produce for
inspection such record of transfer. For any transfer pursuant
to subsection (a-10) of this Section, on the demand of a peace
officer, such transferee shall identify the federally licensed
firearm dealer maintaining the transfer record. If the
transfer or sale took place at a gun show, the record shall
include the unique identification number. Failure to record
the unique identification number or approval number is a petty
offense. For transfers of a firearm, stun gun, or taser made on
or after January 18, 2019 (the effective date of Public Act
100-1178), failure by the private seller to maintain the

HB2770 - 27 - LRB103 26858 RLC 53222 b
transfer records in accordance with this Section, or failure
by a transferee pursuant to subsection a-10 of this Section to
identify the federally licensed firearm dealer maintaining the
transfer record, is a Class A misdemeanor for the first
offense and a Class 4 felony for a second or subsequent offense
occurring within 10 years of the first offense and the second
offense was committed after conviction of the first offense.
Whenever any person who has not previously been convicted of
any violation of subsection (a-5), the court may grant
supervision pursuant to and consistent with the limitations of
Section 5-6-1 of the Unified Code of Corrections. A transferee
or transferor shall not be criminally liable under this
Section provided that he or she provides the Illinois State
Police with the transfer records in accordance with procedures
established by the Illinois State Police. The Illinois State
Police shall establish, by rule, a standard form on its
website.
(b-5) Any resident may purchase ammunition from a person
within or outside of Illinois if shipment is by United States
mail or by a private express carrier authorized by federal law
to ship ammunition. Any resident purchasing ammunition within
or outside the State of Illinois must provide the seller with a
copy of his or her valid Firearm Owner's Identification Card
or valid concealed carry license and either his or her
Illinois driver's license or Illinois State Identification
Card prior to the shipment of the ammunition. The ammunition

HB2770 - 28 - LRB103 26858 RLC 53222 b
may be shipped only to an address on either of those 2
documents.
(c) The provisions of this Section regarding the transfer
of firearm ammunition shall not apply to those persons
specified in paragraph (b) of Section 2 of this Act.
(Source: P.A. 102-237, eff. 1-1-24; 102-538, eff. 8-20-21;
102-813, eff. 5-13-22; 102-1116, eff. 1-10-23.)
(430 ILCS 65/3.4 new)
Sec. 3.4. Firearms transfers; permits.
(a) Notwithstanding any other law to the contrary, each
local law enforcement agency shall issue a firearm permit to
an applicant who seeks the purchase of a firearm to verify the
identity of the purchaser and shall complete a full criminal
background check of the applicant that includes obtaining
fingerprints from the prospective firearm purchaser. The
requirement that an applicant for a firearm submit a full set
of fingerprints before being issued a firearm permit applies
to the first issuance of a firearm permit under this
amendatory Act of the 103rd General Assembly. Subsequent
applications for firearm permits issued to an applicant do not
require the re-submission of the applicant's fingerprints.
(b) Each local law enforcement agency shall keep records
of those permits and make them available to the Illinois State
Police through the Law Enforcement Agencies Data System
(LEADS).

HB2770 - 29 - LRB103 26858 RLC 53222 b
(c) The duration of the permit shall be 10 days after its
issuance.
(d) The local law enforcement agency may deny a permit to
purchase a firearm to an applicant if the agency, in its
discretion, believes it is in the interest of public safety.
(e) Prior to the purchase of a firearm, a person must
submit the permit issued by the local law enforcement agency
to the dealer or transferor of the firearm.
(f) In this Section, "local law enforcement agency" means
the municipal police department of the municipality in which
the applicant for the firearm purchase resides, or if the
applicant resides in an unincorporated area, or if no
municipal police department exists in the applicant's
municipality of residence, then "local law enforcement agency"
means the office of the sheriff of the county of the
applicant's residence.
(430 ILCS 65/8.1) (from Ch. 38, par. 83-8.1)
Sec. 8.1. Notifications to the Illinois State Police.
(a) The Circuit Clerk shall, in the form and manner
required by the Supreme Court, notify the Illinois State
Police of all final dispositions of cases for which the
Department has received information reported to it under
Sections 2.1 and 2.2 of the Criminal Identification Act.
(b) Upon adjudication of any individual as a person with a
mental disability as defined in Section 1.1 of this Act or a

HB2770 - 30 - LRB103 26858 RLC 53222 b
finding that a person has been involuntarily admitted, the
court shall direct the circuit court clerk to immediately
notify the Illinois State Police, Firearm Owner's
Identification (FOID) department, and shall forward a copy of
the court order to the Department.
(b-1) Beginning July 1, 2016, and each July 1 and December
30 of every year thereafter, the circuit court clerk shall, in
the form and manner prescribed by the Illinois State Police,
notify the Illinois State Police, Firearm Owner's
Identification (FOID) department if the court has not directed
the circuit court clerk to notify the Illinois State Police,
Firearm Owner's Identification (FOID) department under
subsection (b) of this Section, within the preceding 6 months,
because no person has been adjudicated as a person with a
mental disability by the court as defined in Section 1.1 of
this Act or if no person has been involuntarily admitted. The
Supreme Court may adopt any orders or rules necessary to
identify the persons who shall be reported to the Illinois
State Police under subsection (b), or any other orders or
rules necessary to implement the requirements of this Act.
(c) The Department of Human Services shall, in the form
and manner prescribed by the Illinois State Police, report all
information collected under subsection (b) of Section 12 of
the Mental Health and Developmental Disabilities
Confidentiality Act for the purpose of determining whether a
person who may be or may have been a patient in a mental health

HB2770 - 31 - LRB103 26858 RLC 53222 b
facility is disqualified under State or federal law from
receiving or retaining a Firearm Owner's Identification Card,
or purchasing a weapon.
(d) If a person is determined to pose a clear and present
danger to himself, herself, or to others:
(1) by a physician, clinical psychologist, or
qualified examiner, or is determined to have a
developmental disability by a physician, clinical
psychologist, or qualified examiner, whether employed by
the State or privately, then the physician, clinical
psychologist, or qualified examiner shall, within 24 hours
of making the determination, notify the Department of
Human Services that the person poses a clear and present
danger or has a developmental disability; or
(2) by a law enforcement official or school
administrator, then the law enforcement official or school
administrator shall, within 24 hours of making the
determination, notify the Illinois State Police that the
person poses a clear and present danger.
The Department of Human Services shall immediately update
its records and information relating to mental health and
developmental disabilities, and if appropriate, shall notify
the Illinois State Police in a form and manner prescribed by
the Illinois State Police. When the Illinois State Police is
notified pursuant to this subsection that a person has been
determined to pose a clear and present danger, the The

HB2770 - 32 - LRB103 26858 RLC 53222 b
Illinois State Police shall determine whether to revoke the
person's Firearm Owner's Identification Card under Section 8
of this Act. The person reporting or alleging under this
subsection that another person poses a clear and present
danger to himself, herself, or to others shall determine
whether to file an action under the Firearms Restraining Order
Act naming that person as the respondent. Any information
disclosed under this subsection shall remain privileged and
confidential, and shall not be redisclosed, except as required
under subsection (e) of Section 3.1 of this Act or for the
purpose of an action under the Firearms Restraining Order Act,
nor used for any other purpose. The method of providing this
information shall guarantee that the information is not
released beyond what is necessary for the purposes provided by
purpose of this Section and shall be provided by rule by the
Department of Human Services. The identity of the person
reporting under this Section shall not be disclosed to the
subject of the report. The physician, clinical psychologist,
qualified examiner, law enforcement official, or school
administrator making the determination and his or her employer
shall not be held criminally, civilly, or professionally
liable for making or not making the notification required
under this subsection, except for willful or wanton
misconduct.
(e) The Illinois State Police shall adopt rules to
implement this Section.

HB2770 - 33 - LRB103 26858 RLC 53222 b
(Source: P.A. 102-538, eff. 8-20-21.)
Section 2-40. The Firearms Restraining Order Act is
amended by changing Sections 5, 10, and 40, and by adding
Sections 58 and 63 as follows:
(430 ILCS 67/5)
Sec. 5. Definitions. As used in this Act:
"Family member of the respondent" means a spouse, former
spouse, person with whom the respondent has a minor child in
common, parent, child, or step-child of the respondent, any
other person related by blood or present marriage to the
respondent, or a person who shares a common dwelling with the
respondent.
"Firearms restraining order" means an order issued by the
court, prohibiting and enjoining a named person from having in
his or her custody or control, purchasing, possessing, or
receiving any firearms or ammunition, or removing firearm
parts that could be assembled to make an operable firearm.
"Intimate partner" means a spouse, former spouse, a person
with whom the respondent has or allegedly has a child in
common, or a person with whom the respondent has or has had a
dating or engagement relationship.
"Petitioner" means:
(1) a family member of the respondent as defined in
this Act; or

HB2770 - 34 - LRB103 26858 RLC 53222 b
(2) a law enforcement officer who files a petition
alleging that the respondent poses a danger of causing
personal injury to himself, herself, or another by having
in his or her custody or control, purchasing, possessing,
or receiving a firearm, ammunition, or firearm parts that
could be assembled to make an operable firearm or removing
firearm parts that could be assembled to make an operable
firearm ; or .
(3) a physician, psychologist, clinical social worker,
licensed clinical professional counselor, clinical nurse
specialist in psychiatric and mental health nursing,
psychiatric nurse practitioner, licensed marriage and
family therapist, or health officer or designee of a
health officer who has examined a respondent.
"Respondent" means the person alleged in the petition to
pose a danger of causing personal injury to himself, herself,
or another by having in his or her custody or control,
purchasing, possessing, or receiving a firearm, ammunition, or
firearm parts that could be assembled to make an operable
firearm or removing firearm parts that could be assembled to
make an operable firearm.
(Source: P.A. 101-81, eff. 7-12-19; 102-345, eff. 6-1-22.)
(430 ILCS 67/10)
Sec. 10. Commencement of action; procedure.
(a) An action for a firearms restraining order is

HB2770 - 35 - LRB103 26858 RLC 53222 b
commenced by filing a verified petition for a firearms
restraining order in any circuit court.
(b) A petition for a firearms restraining order may be
filed in: (1) any county where the respondent resides or (2)
any county where an incident occurred that involved the
respondent posing an immediate and present danger of causing
personal injury to the respondent or another by having in his
or her custody or control, or purchasing, possessing, or
receiving, a firearm, ammunition, or firearm parts that could
be assembled to make an operable firearm. A firearms
restraining order may be issued against any respondent,
including, but not limited to, a respondent who, at the time of
the filing of the petition for a firearms restraining order,
is under the age of 21, does not have a valid Firearm Owner's
Identification Card, or does not hold or have a right to
possess a firearm.
(c) No fee shall be charged by the clerk for filing,
amending, vacating, certifying, printing, or photocopying
petitions or orders; or for issuing alias summons; or for any
related filing service. No fee shall be charged by the sheriff
or other law enforcement for service by the sheriff or other
law enforcement of a petition, rule, motion, or order in an
action commenced under this Section.
(d) The court shall provide, through the office of the
clerk of the court, simplified forms and clerical assistance
to help with the writing and filing of a petition under this

HB2770 - 36 - LRB103 26858 RLC 53222 b
Section by any person not represented by counsel. In addition,
that assistance may be provided by the State's Attorney.
(Source: P.A. 101-81, eff. 7-12-19; 102-345, eff. 6-1-22.)
(430 ILCS 67/40)
Sec. 40. Plenary orders.
(a) A petitioner may request a firearms restraining order
for up to one year by filing an affidavit or verified pleading
alleging that the respondent poses a significant danger of
causing personal injury to himself, herself, or another in the
near future by having in his or her custody or control,
purchasing, possessing, or receiving a firearm, ammunition,
and firearm parts that could be assembled to make an operable
firearm. The petition shall also describe the number, types,
and locations of any firearms, ammunition, and firearm parts
that could be assembled to make an operable firearm presently
believed by the petitioner to be possessed or controlled by
the respondent. The firearms restraining order may be renewed
for an additional period of up to one year in accordance with
Section 45 of this Act.
(b) If the respondent is alleged to pose a significant
danger of causing personal injury to an intimate partner, or
an intimate partner is alleged to have been the target of a
threat or act of violence by the respondent, the petitioner
shall make a good faith effort to provide notice to any and all
intimate partners of the respondent. The notice must include

HB2770 - 37 - LRB103 26858 RLC 53222 b
the duration of time that the petitioner intends to petition
the court for a firearms restraining order, and, if the
petitioner is a law enforcement officer, referral to relevant
domestic violence or stalking advocacy or counseling
resources, if appropriate. The petitioner shall attest to
having provided the notice in the filed affidavit or verified
pleading. If, after making a good faith effort, the petitioner
is unable to provide notice to any or all intimate partners,
the affidavit or verified pleading should describe what
efforts were made.
(c) Every person who files a petition for a plenary
firearms restraining order, knowing the information provided
to the court at any hearing or in the affidavit or verified
pleading to be false, is guilty of perjury under Section 32-2
of the Criminal Code of 2012.
(d) Upon receipt of a petition for a plenary firearms
restraining order, the court shall order a hearing within 30
days.
(e) In determining whether to issue a firearms restraining
order under this Section, the court shall consider evidence
including, but not limited to, the following:
(1) The unlawful and reckless use, display, or
brandishing of a firearm, ammunition, and firearm parts
that could be assembled to make an operable firearm by the
respondent.
(2) The history of use, attempted use, or threatened

HB2770 - 38 - LRB103 26858 RLC 53222 b
use of physical force by the respondent against another
person.
(3) Any prior arrest of the respondent for a felony
offense.
(4) Evidence of the abuse of controlled substances or
alcohol by the respondent.
(5) A recent threat of violence or act of violence by
the respondent directed toward himself, herself, or
another.
(6) A violation of an emergency order of protection
issued under Section 217 of the Illinois Domestic Violence
Act of 1986 or Section 112A-17 of the Code of Criminal
Procedure of 1963 or of an order of protection issued
under Section 214 of the Illinois Domestic Violence Act of
1986 or Section 112A-14 of the Code of Criminal Procedure
of 1963.
(7) A pattern of violent acts or violent threats,
including, but not limited to, threats of violence or acts
of violence by the respondent directed toward himself,
herself, or another.
(f) At the hearing, the petitioner shall have the burden
of proving, by clear and convincing evidence, that the
respondent poses a significant danger of personal injury to
himself, herself, or another by having in his or her custody or
control, purchasing, possessing, or receiving a firearm,
ammunition, and firearm parts that could be assembled to make

HB2770 - 39 - LRB103 26858 RLC 53222 b
an operable firearm.
(g) If the court finds that there is clear and convincing
evidence to issue a plenary firearms restraining order, the
court shall issue a firearms restraining order that shall be
in effect for up to one year, but not less than 6 months,
subject to renewal under Section 45 of this Act or termination
under that Section.
(g-5) If the court issues a plenary firearms restraining
order, it shall, upon a finding of probable cause that the
respondent possesses firearms, ammunition, and firearm parts
that could be assembled to make an operable firearm, issue a
search warrant directing a law enforcement agency to seize the
respondent's firearms, ammunition, and firearm parts that
could be assembled to make an operable firearm. The court may,
as part of that warrant, direct the law enforcement agency to
search the respondent's residence and other places where the
court finds there is probable cause to believe he or she is
likely to possess the firearms, ammunition, and firearm parts
that could be assembled to make an operable firearm. A return
of the search warrant shall be filed by the law enforcement
agency within 4 days thereafter, setting forth the time, date,
and location that the search warrant was executed and what
items, if any, were seized.
(h) A plenary firearms restraining order shall require:
(1) the respondent to refrain from having in his or
her custody or control, purchasing, possessing, or

HB2770 - 40 - LRB103 26858 RLC 53222 b
receiving additional firearms, ammunition, and firearm
parts that could be assembled to make an operable firearm
for the duration of the order under Section 8.2 of the
Firearm Owners Identification Card Act; and
(2) the respondent to comply with Section 9.5 of the
Firearm Owners Identification Card Act and subsection (g)
of Section 70 of the Firearm Concealed Carry Act.
(i) Except as otherwise provided in subsection (i-5) of
this Section, upon expiration of the period of safekeeping, if
the firearms, ammunition, and firearm parts that could be
assembled to make an operable firearm or Firearm Owner's
Identification Card cannot be returned to the respondent
because the respondent cannot be located, fails to respond to
requests to retrieve the firearms, ammunition, and firearm
parts that could be assembled to make an operable firearm, or
is not lawfully eligible to possess a firearm, ammunition, and
firearm parts that could be assembled to make an operable
firearm, upon petition from the local law enforcement agency,
the court may order the local law enforcement agency to
destroy the firearms, ammunition, and firearm parts that could
be assembled to make an operable firearm, use the firearms,
ammunition, and firearm parts that could be assembled to make
an operable firearm for training purposes, or use the
firearms, ammunition, and firearm parts that could be
assembled to make an operable firearm for any other
application as deemed appropriate by the local law enforcement

HB2770 - 41 - LRB103 26858 RLC 53222 b
agency.
(i-5) A respondent whose Firearm Owner's Identification
Card has been revoked or suspended may petition the court, if
the petitioner is present in court or has notice of the
respondent's petition, to transfer the respondent's firearm,
ammunition, and firearm parts that could be assembled to make
an operable firearm to a person who is lawfully able to possess
the firearm, ammunition, and firearm parts that could be
assembled to make an operable firearm if the person does not
reside at the same address as the respondent. Notice of the
petition shall be served upon the person protected by the
emergency firearms restraining order. While the order is in
effect, the transferee who receives the respondent's firearms,
ammunition, and firearm parts that could be assembled to make
an operable firearm must swear or affirm by affidavit that he
or she shall not transfer the firearm, ammunition, and firearm
parts that could be assembled to make an operable firearm to
the respondent or to anyone residing in the same residence as
the respondent.
(i-6) If a person other than the respondent claims title
to any firearms, ammunition, and firearm parts that could be
assembled to make an operable firearm surrendered under this
Section, he or she may petition the court, if the petitioner is
present in court or has notice of the petition, to have the
firearm, ammunition, and firearm parts that could be assembled
to make an operable firearm returned to him or her. If the

HB2770 - 42 - LRB103 26858 RLC 53222 b
court determines that person to be the lawful owner of the
firearm, ammunition, and firearm parts that could be assembled
to make an operable firearm, the firearm, ammunition, and
firearm parts that could be assembled to make an operable
firearm shall be returned to him or her, provided that:
(1) the firearm, ammunition, and firearm parts that
could be assembled to make an operable firearm are removed
from the respondent's custody, control, or possession and
the lawful owner agrees to store the firearm, ammunition,
and firearm parts that could be assembled to make an
operable firearm in a manner such that the respondent does
not have access to or control of the firearm, ammunition,
and firearm parts that could be assembled to make an
operable firearm; and
(2) the firearm, ammunition, and firearm parts that
could be assembled to make an operable firearm are not
otherwise unlawfully possessed by the owner.
The person petitioning for the return of his or her
firearm, ammunition, and firearm parts that could be assembled
to make an operable firearm must swear or affirm by affidavit
that he or she: (i) is the lawful owner of the firearm,
ammunition, and firearm parts that could be assembled to make
an operable firearm; (ii) shall not transfer the firearm,
ammunition, and firearm parts that could be assembled to make
an operable firearm to the respondent; and (iii) will store
the firearm, ammunition, and firearm parts that could be

HB2770 - 43 - LRB103 26858 RLC 53222 b
assembled to make an operable firearm in a manner that the
respondent does not have access to or control of the firearm,
ammunition, and firearm parts that could be assembled to make
an operable firearm.
(j) If the court does not issue a firearms restraining
order at the hearing, the court shall dissolve any emergency
firearms restraining order then in effect.
(k) When the court issues a firearms restraining order
under this Section, the court shall inform the respondent that
he or she is entitled to one hearing during the period of the
order to request a termination of the order, under Section 45
of this Act, and shall provide the respondent with a form to
request a hearing.
(l) A firearms restraining order issued under this
subsection shall also include an order to surrender firearms,
ammunition, and firearm parts that could be assembled to make
an operable firearm. The order to surrender firearms,
ammunition, and firearm parts that could be assembled to make
an operable firearm shall require the respondent to surrender
all firearms, ammunition, and firearm parts that could be
assembled to make an operable firearm on the day the
respondent is served with the firearms restraining order. Upon
the respondent surrendering all firearms, ammunition, and
firearm parts that could be assembled to make an operable
firearm to the appropriate law enforcement agency, the law
enforcement agency shall provide a statement of receipt of any

HB2770 - 44 - LRB103 26858 RLC 53222 b
and all firearms, ammunition, or firearm parts that could be
assembled to make an operable firearm with a description of
any and all firearms, ammunition, or firearm parts that could
be assembled to make an operable firearm surrendered, to the
respondent and the court. This statement of receipt shall be
considered proof of compliance with a firearms restraining
order and may be presented as proof at a hearing.
Within 30 days after the effective date of this amendatory
Act of the 103rd General Assembly, the Supreme Court may adopt
a form for an order to surrender firearms and update any
existing forms for a firearms restraining order to reflect the
changes made by this amendatory Act of the 103rd General
Assembly. The form for an order to surrender firearms shall
also include forms for a declaration of surrender of firearms,
proof of surrender, declaration of nonsurrender, and order to
release firearms.
(m) After issuing a firearms restraining order under this
Section, the court shall hold a hearing within 3 days to
determine whether the respondent is complying with the
firearms restraining order. If compliance has already been
established and the disposition record is on file with the
court, the court may waive the compliance hearing. Nothing in
this subsection shall preclude the court from setting
additional compliance hearings.
(Source: P.A. 101-81, eff. 7-12-19; 102-237, eff. 1-1-22;
102-345, eff. 6-1-22; 102-538, eff. 8-20-21; 102-813, eff.

HB2770 - 45 - LRB103 26858 RLC 53222 b
5-13-22; 102-1116, eff. 1-10-23.)
(430 ILCS 67/58 new)
Sec. 58. Centralized State database; Department of Public
Health. Within 6 months after the effective date of this
amendatory Act of the 103rd General Assembly, the Department
of Public Health shall create, in coordination with the
Department of Human Services' Office of Firearm Violence
Prevention, a centralized State database to provide access to
data regarding firearms restraining orders for research and
policy purposes. The database shall include, but shall not be
limited to, all of the following information:
(1) Information regarding the petitioner for each
case, including, but not limited to, all of the following:
(A) The relationship of the petitioner to the
respondent.
(B) The type of petitioner as identified under
Section 5.
(C) The demographic information of the petitioner,
including the petitioner's age, gender identity, and
racial or ethnic identity.
(D) For law enforcement petitioners, the specific
law enforcement agency or department.
(2) Information regarding the respondent for each
case, including, but not limited to, all of the following:
(A) The demographic information of the respondent,

HB2770 - 46 - LRB103 26858 RLC 53222 b
including the respondent's age, gender identity, and
racial or ethnic identity.
(B) Whether the respondent is or has been a
respondent to any current or previous order of
protection issued under the Illinois Domestic Violence
Act of 1986, firearms restraining order issued under
this Act, protective order issued under Article 112A
of the Code of Criminal Procedure of 1963, stalking no
contact order issued under the Stalking No Contact
Order Act, or civil no contact order issued under the
Civil No Contact Order Act.
(C) Whether the respondent is a suspect or
defendant in a criminal matter at the time the
petition is filed.
(3) Information regarding the firearms restraining
order and the conditions surrounding it, including, but
not limited to, all of the following:
(A) The city and county where a petition is filed,
the date a petition is filed, and the date that a
firearms restraining order is issued.
(B) The expiration date of the petition.
(C) Whether the respondent is alleged in the
petition to pose a clear and present danger of causing
personal injury only to himself or herself, only to
another, or to both himself or herself and another.
(D) A brief synopsis of the events precipitating

HB2770 - 47 - LRB103 26858 RLC 53222 b
and giving rise to the petition.
(E) The eventual legal outcome of a petition,
including:
(i) whether an emergency firearms restraining
order was granted, denied, or renewed under
Section 35 and the reasons for the determination;
(ii) whether a 6-month firearms restraining
order was granted, denied, or renewed under
Section 40 and the reasons for the determination;
(iii) whether the case surrounding the
petition was dismissed and, if so, the reasons for
the dismissal; and
(iv) whether the respondent contested the
issuance of a firearms restraining order.
(F) Whether a respondent was served with notice of
a firearms restraining order and, if so, the date he or
she was served.
(G) Whether the respondent was arrested,
hospitalized, or referred for psychiatric services for
the respondent's actions leading to the petition.
(H) Whether a search warrant was issued to
determine whether the respondent had in his or her
custody or control, purchased, possessed, or received
any firearms or ammunition or firearm parts that could
be assembled to make an operable firearm.
(4) Information regarding any firearms at issue,

HB2770 - 48 - LRB103 26858 RLC 53222 b
including, but not limited to, all of the following:
(A) The number and type of firearms in the
respondent's possession or that are accessible to the
respondent.
(B) The number and type of firearms recovered,
seized, or transferred from the respondent as a result
of a petition.
(C) The number of possible firearms in the
respondent's possession or that are accessible to the
respondent and that are unaccounted for.
(D) Whether a respondent complied with a firearms
restraining order issued under this Act.
The information in the database shall be public, but
information disclosed to the public from the database shall
not contain any personal identifying information.
(430 ILCS 67/63 new)
Sec. 63. Office of Firearms Restraining Order
Coordination.
(a) Subject to appropriation from State and federal funds,
there is established within the Department of Human Services
the Office of Firearms Restraining Order Coordination. The
Office shall consist of a Director and 5 Coordinators,
appointed by the Secretary of Human Services. One Coordinator
shall be selected from each of the 5 Illinois Appellate Court
Districts and shall serve as a liaison between petitioners,

HB2770 - 49 - LRB103 26858 RLC 53222 b
State's Attorney offices, and the courts within that Appellate
District in matters concerning firearms restraining orders.
The Department of Human Services shall adopt any rules it
deems necessary to implement this Section.
(b) Edward Byrne Memorial Justice Assistance Grant (JAG)
program funds received by the State of Illinois from the
federal government may be used to hire county Firearms
Restraining Order coordinators, train law enforcement and
other collaborators about implementing this Act, fund the
establishment and maintenance of the centralized State
database created under Section 58, including, but not limited
to, the collection of data and the hiring of personnel to
operate and maintain the database, and fund other methods of
implementation of this Act.
Section 2-45. The Criminal Code of 2012 is amended by
changing Sections 24-1, 24-3, and 24-3.5 as follows:
(720 ILCS 5/24-1) (from Ch. 38, par. 24-1)
Sec. 24-1. Unlawful use of weapons.
(a) A person commits the offense of unlawful use of
weapons when he knowingly:
(1) Sells, manufactures, purchases, possesses or
carries any bludgeon, black-jack, slung-shot, sand-club,
sand-bag, metal knuckles or other knuckle weapon
regardless of its composition, throwing star, or any

HB2770 - 50 - LRB103 26858 RLC 53222 b
knife, commonly referred to as a switchblade knife, which
has a blade that opens automatically by hand pressure
applied to a button, spring or other device in the handle
of the knife, or a ballistic knife, which is a device that
propels a knifelike blade as a projectile by means of a
coil spring, elastic material or compressed gas; or
(2) Carries or possesses with intent to use the same
unlawfully against another, a dagger, dirk, billy,
dangerous knife, razor, stiletto, broken bottle or other
piece of glass, stun gun or taser or any other dangerous or
deadly weapon or instrument of like character; or
(2.5) Carries or possesses with intent to use the same
unlawfully against another, any firearm in a church,
synagogue, mosque, or other building, structure, or place
used for religious worship; or
(3) Carries on or about his person or in any vehicle, a
tear gas gun projector or bomb or any object containing
noxious liquid gas or substance, other than an object
containing a non-lethal noxious liquid gas or substance
designed solely for personal defense carried by a person
18 years of age or older; or
(4) Carries or possesses in any vehicle or concealed
on or about his person except when on his land or in his
own abode, legal dwelling, or fixed place of business, or
on the land or in the legal dwelling of another person as
an invitee with that person's permission, any pistol,

HB2770 - 51 - LRB103 26858 RLC 53222 b
revolver, stun gun or taser or other firearm, except that
this subsection (a)(4) does not apply to or affect
transportation of weapons that meet one of the following
conditions:
(i) are broken down in a non-functioning state; or
(ii) are not immediately accessible; or
(iii) are unloaded and enclosed in a case, firearm
carrying box, shipping box, or other container by a
person who has been issued a currently valid Firearm
Owner's Identification Card; or
(iv) are carried or possessed in accordance with
the Firearm Concealed Carry Act by a person who has
been issued a currently valid license under the
Firearm Concealed Carry Act; or
(5) Sets a spring gun; or
(6) Possesses any device or attachment of any kind
designed, used or intended for use in silencing the report
of any firearm; or
(7) Sells, manufactures, purchases, possesses or
carries:
(i) a machine gun, which shall be defined for the
purposes of this subsection as any weapon, which
shoots, is designed to shoot, or can be readily
restored to shoot, automatically more than one shot
without manually reloading by a single function of the
trigger, including the frame or receiver of any such

HB2770 - 52 - LRB103 26858 RLC 53222 b
weapon, or sells, manufactures, purchases, possesses,
or carries any combination of parts designed or
intended for use in converting any weapon into a
machine gun, or any combination or parts from which a
machine gun can be assembled if such parts are in the
possession or under the control of a person;
(ii) any rifle having one or more barrels less
than 16 inches in length or a shotgun having one or
more barrels less than 18 inches in length or any
weapon made from a rifle or shotgun, whether by
alteration, modification, or otherwise, if such a
weapon as modified has an overall length of less than
26 inches; or
(iii) any bomb, bomb-shell, grenade, bottle or
other container containing an explosive substance of
over one-quarter ounce for like purposes, such as, but
not limited to, black powder bombs and Molotov
cocktails or artillery projectiles; or
(iv) any firearm manufactured on or after January
1, 2024 that is not microstamp-ready, or any firearm
manufactured on or after that date if the person knows
that a microstamping mechanism has been unlawfully
removed from that firearm. "Microstamp-ready", as used
in this paragraph, means that the firearm is
manufactured to produce a unique alphanumeric or
geometric code on at least 2 locations on each

HB2770 - 53 - LRB103 26858 RLC 53222 b
expended cartridge case that identifies the make,
model, and serial number of the firearm.
"Microstamping mechanism", as used in this paragraph,
means a mechanism of the firearm designed and intended
to produce a unique alphanumeric or geometric code on
an expended cartridge that identifies the make, model,
and serial number of the firearm; or
(8) Carries or possesses any firearm, stun gun or
taser or other deadly weapon in any place which is
licensed to sell intoxicating beverages, or at any public
gathering held pursuant to a license issued by any
governmental body or any public gathering at which an
admission is charged, excluding a place where a showing,
demonstration or lecture involving the exhibition of
unloaded firearms is conducted.
This subsection (a)(8) does not apply to any auction
or raffle of a firearm held pursuant to a license or permit
issued by a governmental body, nor does it apply to
persons engaged in firearm safety training courses; or
(9) Carries or possesses in a vehicle or on or about
his or her person any pistol, revolver, stun gun or taser
or firearm or ballistic knife, when he or she is hooded,
robed or masked in such manner as to conceal his or her
identity; or
(10) Carries or possesses on or about his or her
person, upon any public street, alley, or other public

HB2770 - 54 - LRB103 26858 RLC 53222 b
lands within the corporate limits of a city, village, or
incorporated town, except when an invitee thereon or
therein, for the purpose of the display of such weapon or
the lawful commerce in weapons, or except when on his land
or in his or her own abode, legal dwelling, or fixed place
of business, or on the land or in the legal dwelling of
another person as an invitee with that person's
permission, any pistol, revolver, stun gun, or taser or
other firearm, except that this subsection (a)(10) does
not apply to or affect transportation of weapons that meet
one of the following conditions:
(i) are broken down in a non-functioning state; or
(ii) are not immediately accessible; or
(iii) are unloaded and enclosed in a case, firearm
carrying box, shipping box, or other container by a
person who has been issued a currently valid Firearm
Owner's Identification Card; or
(iv) are carried or possessed in accordance with
the Firearm Concealed Carry Act by a person who has
been issued a currently valid license under the
Firearm Concealed Carry Act.
A "stun gun or taser", as used in this paragraph (a)
means (i) any device which is powered by electrical
charging units, such as, batteries, and which fires one or
several barbs attached to a length of wire and which, upon
hitting a human, can send out a current capable of

HB2770 - 55 - LRB103 26858 RLC 53222 b
disrupting the person's nervous system in such a manner as
to render him incapable of normal functioning or (ii) any
device which is powered by electrical charging units, such
as batteries, and which, upon contact with a human or
clothing worn by a human, can send out current capable of
disrupting the person's nervous system in such a manner as
to render him incapable of normal functioning; or
(11) Sells, manufactures, delivers, imports,
possesses, or purchases any assault weapon attachment or
.50 caliber cartridge in violation of Section 24-1.9 or
any explosive bullet. For purposes of this paragraph (a)
"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

HB2770 - 56 - LRB103 26858 RLC 53222 b
officers which is either telescopic or constructed of a
solid piece of wood or other man-made material; or
(14) Manufactures, possesses, sells, or offers to
sell, purchase, manufacture, import, transfer, or use any
device, part, kit, tool, accessory, or combination of
parts that is designed to and functions to increase the
rate of fire of a semiautomatic firearm above the standard
rate of fire for semiautomatic firearms that is not
equipped with that device, part, or combination of parts;
or
(15) Carries or possesses any assault weapon or .50
caliber rifle in violation of Section 24-1.9; or
(16) Manufactures, sells, delivers, imports, or
purchases any assault weapon or .50 caliber rifle in
violation of Section 24-1.9.
(b) Sentence. A person convicted of a violation of
subsection 24-1(a)(1) through (5), subsection 24-1(a)(10),
subsection 24-1(a)(11), subsection 24-1(a)(13), or 24-1(a)(15)
commits a Class A misdemeanor. A person convicted of a
violation of subsection 24-1(a)(8) or 24-1(a)(9) commits a
Class 4 felony; a person convicted of a violation of
subsection 24-1(a)(6), 24-1(a)(7)(ii), 24-1(a)(7)(iii), or
(iv) or 24-1(a)(16) commits a Class 3 felony. A person
convicted of a violation of subsection 24-1(a)(7)(i) commits a
Class 2 felony and shall be sentenced to a term of imprisonment
of not less than 3 years and not more than 7 years, unless the

HB2770 - 57 - LRB103 26858 RLC 53222 b
weapon is possessed in the passenger compartment of a motor
vehicle as defined in Section 1-146 of the Illinois Vehicle
Code, or on the person, while the weapon is loaded, in which
case it shall be a Class X felony. A person convicted of a
second or subsequent violation of subsection 24-1(a)(4),
24-1(a)(8), 24-1(a)(9), 24-1(a)(10), or 24-1(a)(15) commits a
Class 3 felony. A person convicted of a violation of
subsection 24-1(a)(2.5) or 24-1(a)(14) commits a Class 2
felony. The possession of each weapon or device in violation
of this Section constitutes a single and separate violation.
(c) Violations in specific places.
(1) A person who violates subsection 24-1(a)(6) or
24-1(a)(7) in any school, regardless of the time of day or
the time of year, in residential property owned, operated
or managed by a public housing agency or leased by a public
housing agency as part of a scattered site or mixed-income
development, in a public park, in a courthouse, on the
real property comprising any school, regardless of the
time of day or the time of year, on residential property
owned, operated or managed by a public housing agency or
leased by a public housing agency as part of a scattered
site or mixed-income development, on the real property
comprising any public park, on the real property
comprising any courthouse, in any conveyance owned, leased
or contracted by a school to transport students to or from
school or a school related activity, in any conveyance

HB2770 - 58 - LRB103 26858 RLC 53222 b
owned, leased, or contracted by a public transportation
agency, or on any public way within 1,000 feet of the real
property comprising any school, public park, courthouse,
public transportation facility, or residential property
owned, operated, or managed by a public housing agency or
leased by a public housing agency as part of a scattered
site or mixed-income development commits a Class 2 felony
and shall be sentenced to a term of imprisonment of not
less than 3 years and not more than 7 years.
(1.5) A person who violates subsection 24-1(a)(4),
24-1(a)(9), or 24-1(a)(10) in any school, regardless of
the time of day or the time of year, in residential
property owned, operated, or managed by a public housing
agency or leased by a public housing agency as part of a
scattered site or mixed-income development, in a public
park, in a courthouse, on the real property comprising any
school, regardless of the time of day or the time of year,
on residential property owned, operated, or managed by a
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

HB2770 - 59 - LRB103 26858 RLC 53222 b
feet of the real property comprising any school, public
park, courthouse, public transportation facility, or
residential property owned, operated, or managed by a
public housing agency or leased by a public housing agency
as part of a scattered site or mixed-income development
commits a Class 3 felony.
(2) A person who violates subsection 24-1(a)(1),
24-1(a)(2), or 24-1(a)(3) in any school, regardless of the
time of day or the time of year, in residential property
owned, operated or managed by a public housing agency or
leased by a public housing agency as part of a scattered
site or mixed-income development, in a public park, in a
courthouse, on the real property comprising any school,
regardless of the time of day or the time of year, on
residential property owned, operated or managed by a
public housing agency or leased by a public housing agency
as part of a scattered site or mixed-income development,
on the real property comprising any public park, on the
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

HB2770 - 60 - LRB103 26858 RLC 53222 b
public housing agency or leased by a public housing agency
as part of a scattered site or mixed-income development
commits a Class 4 felony. "Courthouse" means any building
that is used by the Circuit, Appellate, or Supreme Court
of this State for the conduct of official business.
(3) Paragraphs (1), (1.5), and (2) of this subsection
(c) shall not apply to law enforcement officers or
security officers of such school, college, or university
or to students carrying or possessing firearms for use in
training courses, parades, hunting, target shooting on
school ranges, or otherwise with the consent of school
authorities and which firearms are transported unloaded
enclosed in a suitable case, box, or transportation
package.
(4) For the purposes of this subsection (c), "school"
means any public or private elementary or secondary
school, community college, college, or university.
(5) For the purposes of this subsection (c), "public
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

HB2770 - 61 - LRB103 26858 RLC 53222 b
omnibus of any weapon, instrument or substance referred to in
subsection (a)(7) is prima facie evidence that it is in the
possession of, and is being carried by, all persons occupying
such automobile at the time such weapon, instrument or
substance is found, except under the following circumstances:
(i) if such weapon, instrument or instrumentality is found
upon the person of one of the occupants therein; or (ii) if
such weapon, instrument or substance is found in an automobile
operated for hire by a duly licensed driver in the due, lawful
and proper pursuit of his or her trade, then such presumption
shall not apply to the driver.
(e) Exemptions.
(1) Crossbows, Common or Compound bows and Underwater
Spearguns are exempted from the definition of ballistic
knife as defined in paragraph (1) of subsection (a) of
this Section.
(2) The provision of paragraph (1) of subsection (a)
of this Section prohibiting the sale, manufacture,
purchase, possession, or carrying of any knife, commonly
referred to as a switchblade knife, which has a blade that
opens automatically by hand pressure applied to a button,
spring or other device in the handle of the knife, does not
apply to a person who possesses a currently valid Firearm
Owner's Identification Card previously issued in his or
her name by the Illinois State Police or to a person or an
entity engaged in the business of selling or manufacturing

HB2770 - 62 - LRB103 26858 RLC 53222 b
switchblade knives.
(Source: P.A. 101-223, eff. 1-1-20; 102-538, eff. 8-20-21;
102-1116, eff. 1-10-23.)
(720 ILCS 5/24-3) (from Ch. 38, par. 24-3)
Sec. 24-3. Unlawful sale or delivery of firearms.
(A) A person commits the offense of unlawful sale or
delivery of firearms when he or she knowingly does any of the
following:
(a) Sells or gives any firearm of a size which may be
concealed upon the person to any person under 18 years of
age.
(b) Sells or gives any firearm to a person under 21
years of age who has been convicted of a misdemeanor other
than a traffic offense or adjudged delinquent.
(c) Sells or gives any firearm to any narcotic addict.
(d) Sells or gives any firearm to any person who has
been convicted of a felony under the laws of this or any
other jurisdiction.
(e) Sells or gives any firearm to any person who has
been a patient in a mental institution within the past 5
years. In this subsection (e):
"Mental institution" means any hospital,
institution, clinic, evaluation facility, mental
health center, or part thereof, which is used
primarily for the care or treatment of persons with

HB2770 - 63 - LRB103 26858 RLC 53222 b
mental illness.
"Patient in a mental institution" means the person
was admitted, either voluntarily or involuntarily, to
a mental institution for mental health treatment,
unless the treatment was voluntary and solely for an
alcohol abuse disorder and no other secondary
substance abuse disorder or mental illness.
(f) Sells or gives any firearms to any person who is a
person with an intellectual disability.
(g) Delivers any firearm, incidental to a sale,
without withholding delivery of the firearm for at least
72 hours after application for its purchase has been made,
or delivers a stun gun or taser, incidental to a sale,
without withholding delivery of the stun gun or taser for
at least 24 hours after application for its purchase has
been made. However, this paragraph (g) does not apply to:
(1) the sale of a firearm to a law enforcement officer if
the seller of the firearm knows that the person to whom he
or she is selling the firearm is a law enforcement officer
or the sale of a firearm to a person who desires to
purchase a firearm for use in promoting the public
interest incident to his or her employment as a bank
guard, armed truck guard, or other similar employment; (2)
a mail order sale of a firearm from a federally licensed
firearms dealer to a nonresident of Illinois under which
the firearm is mailed to a federally licensed firearms

HB2770 - 64 - LRB103 26858 RLC 53222 b
dealer outside the boundaries of Illinois; (3) (blank);
(4) the sale of a firearm to a dealer licensed as a federal
firearms dealer under Section 923 of the federal Gun
Control Act of 1968 (18 U.S.C. 923); or (5) the transfer or
sale of any rifle, shotgun, or other long gun to a resident
registered competitor or attendee or non-resident
registered competitor or attendee by any dealer licensed
as a federal firearms dealer under Section 923 of the
federal Gun Control Act of 1968 at competitive shooting
events held at the World Shooting Complex sanctioned by a
national governing body. For purposes of transfers or
sales under subparagraph (5) of this paragraph (g), the
Department of Natural Resources shall give notice to the
Illinois State Police at least 30 calendar days prior to
any competitive shooting events at the World Shooting
Complex sanctioned by a national governing body. The
notification shall be made on a form prescribed by the
Illinois State Police. The sanctioning body shall provide
a list of all registered competitors and attendees at
least 24 hours before the events to the Illinois State
Police. Any changes to the list of registered competitors
and attendees shall be forwarded to the Illinois State
Police as soon as practicable. The Illinois State Police
must destroy the list of registered competitors and
attendees no later than 30 days after the date of the
event. Nothing in this paragraph (g) relieves a federally

HB2770 - 65 - LRB103 26858 RLC 53222 b
licensed firearm dealer from the requirements of
conducting a NICS background check through the Illinois
Point of Contact under 18 U.S.C. 922(t). For purposes of
this paragraph (g), "application" means when the buyer and
seller reach an agreement to purchase a firearm. For
purposes of this paragraph (g), "national governing body"
means a group of persons who adopt rules and formulate
policy on behalf of a national firearm sporting
organization.
(h) While holding any license as a dealer, importer,
manufacturer or pawnbroker under the federal Gun Control
Act of 1968, manufactures, sells or delivers to any
unlicensed person a handgun having a barrel, slide, frame
or receiver which is a die casting of zinc alloy or any
other nonhomogeneous metal which will melt or deform at a
temperature of less than 800 degrees Fahrenheit. For
purposes of this paragraph, (1) "firearm" is defined as in
the Firearm Owners Identification Card Act; and (2)
"handgun" is defined as a firearm designed to be held and
fired by the use of a single hand, and includes a
combination of parts from which such a firearm can be
assembled.
(i) Sells or gives a firearm of any size to any person
under 18 years of age who does not possess a valid Firearm
Owner's Identification Card.
(j) Sells or gives a firearm while engaged in the

HB2770 - 66 - LRB103 26858 RLC 53222 b
business of selling firearms at wholesale or retail
without being licensed as a federal firearms dealer under
Section 923 of the federal Gun Control Act of 1968 (18
U.S.C. 923). In this paragraph (j):
A person "engaged in the business" means a person who
devotes time, attention, and labor to engaging in the
activity as a regular course of trade or business with the
principal objective of livelihood and profit, but does not
include a person who makes occasional repairs of firearms
or who occasionally fits special barrels, stocks, or
trigger mechanisms to firearms.
"With the principal objective of livelihood and
profit" means that the intent underlying the sale or
disposition of firearms is predominantly one of obtaining
livelihood and pecuniary gain, as opposed to other
intents, such as improving or liquidating a personal
firearms collection; however, proof of profit shall not be
required as to a person who engages in the regular and
repetitive purchase and disposition of firearms for
criminal purposes or terrorism.
(k) Sells or transfers ownership of a firearm to a
person who does not display to the seller or transferor of
the firearm either: (1) a currently valid Firearm Owner's
Identification Card that has previously been issued in the
transferee's name by the Illinois State Police under the
provisions of the Firearm Owners Identification Card Act;

HB2770 - 67 - LRB103 26858 RLC 53222 b
or (2) a currently valid license to carry a concealed
firearm that has previously been issued in the
transferee's name by the Illinois State Police under the
Firearm Concealed Carry Act. This paragraph (k) does not
apply to the transfer of a firearm to a person who is
exempt from the requirement of possessing a Firearm
Owner's Identification Card under Section 2 of the Firearm
Owners Identification Card Act. For the purposes of this
Section, a currently valid Firearm Owner's Identification
Card or license to carry a concealed firearm means receipt
of an approval number issued in accordance with subsection
(a-10) of Section 3 or Section 3.1 of the Firearm Owners
Identification Card Act.
(1) In addition to the other requirements of this
paragraph (k), all persons who are not federally
licensed firearms dealers must also have complied with
subsection (a-10) of Section 3 of the Firearm Owners
Identification Card Act by determining the validity of
a purchaser's Firearm Owner's Identification Card.
(2) All sellers or transferors who have complied
with the requirements of subparagraph (1) of this
paragraph (k) shall not be liable for damages in any
civil action arising from the use or misuse by the
transferee of the firearm transferred, except for
willful or wanton misconduct on the part of the seller
or transferor.

HB2770 - 68 - LRB103 26858 RLC 53222 b
(l) Not being entitled to the possession of a firearm,
delivers the firearm, knowing it to have been stolen or
converted. It may be inferred that a person who possesses
a firearm with knowledge that its serial number has been
removed or altered has knowledge that the firearm is
stolen or converted.
(m) Sells or gives a firearm to a person who does not
display to the seller or transferor a permit to purchase
the firearm issued by the local law enforcement agency
under Section 3.4 of the Firearm Owners Identification
Card Act.
(B) Paragraph (h) of subsection (A) does not include
firearms sold within 6 months after enactment of Public Act
78-355 (approved August 21, 1973, effective October 1, 1973),
nor is any firearm legally owned or possessed by any citizen or
purchased by any citizen within 6 months after the enactment
of Public Act 78-355 subject to confiscation or seizure under
the provisions of that Public Act. Nothing in Public Act
78-355 shall be construed to prohibit the gift or trade of any
firearm if that firearm was legally held or acquired within 6
months after the enactment of that Public Act.
(C) Sentence.
(1) Any person convicted of unlawful sale or delivery
of firearms in violation of paragraph (c), (e), (f), (g),
or (h) of subsection (A) commits a Class 4 felony.
(2) Any person convicted of unlawful sale or delivery

HB2770 - 69 - LRB103 26858 RLC 53222 b
of firearms in violation of paragraph (b) or (i) of
subsection (A) commits a Class 3 felony.
(3) Any person convicted of unlawful sale or delivery
of firearms in violation of paragraph (a) of subsection
(A) commits a Class 2 felony.
(4) Any person convicted of unlawful sale or delivery
of firearms in violation of paragraph (a), (b), or (i) of
subsection (A) in any school, on the real property
comprising a school, within 1,000 feet of the real
property comprising a school, at a school related
activity, or on or within 1,000 feet of any conveyance
owned, leased, or contracted by a school or school
district to transport students to or from school or a
school related activity, regardless of the time of day or
time of year at which the offense was committed, commits a
Class 1 felony. Any person convicted of a second or
subsequent violation of unlawful sale or delivery of
firearms in violation of paragraph (a), (b), or (i) of
subsection (A) in any school, on the real property
comprising a school, within 1,000 feet of the real
property comprising a school, at a school related
activity, or on or within 1,000 feet of any conveyance
owned, leased, or contracted by a school or school
district to transport students to or from school or a
school related activity, regardless of the time of day or
time of year at which the offense was committed, commits a

HB2770 - 70 - LRB103 26858 RLC 53222 b
Class 1 felony for which the sentence shall be a term of
imprisonment of no less than 5 years and no more than 15
years.
(5) Any person convicted of unlawful sale or delivery
of firearms in violation of paragraph (a) or (i) of
subsection (A) in residential property owned, operated, or
managed by a public housing agency or leased by a public
housing agency as part of a scattered site or mixed-income
development, in a public park, in a courthouse, on
residential property owned, operated, or managed by a
public housing agency or leased by a public housing agency
as part of a scattered site or mixed-income development,
on the real property comprising any public park, on the
real property comprising any courthouse, or on any public
way within 1,000 feet of the real property comprising any
public park, courthouse, or residential property owned,
operated, or managed by a public housing agency or leased
by a public housing agency as part of a scattered site or
mixed-income development commits a Class 2 felony.
(6) Any person convicted of unlawful sale or delivery
of firearms in violation of paragraph (j) of subsection
(A) commits a Class A misdemeanor. A second or subsequent
violation is a Class 4 felony.
(7) Any person convicted of unlawful sale or delivery
of firearms in violation of paragraph (k) of subsection
(A) commits a Class 4 felony, except that a violation of

HB2770 - 71 - LRB103 26858 RLC 53222 b
subparagraph (1) of paragraph (k) of subsection (A) shall
not be punishable as a crime or petty offense. A third or
subsequent conviction for a violation of paragraph (k) of
subsection (A) is a Class 1 felony.
(8) A person 18 years of age or older convicted of
unlawful sale or delivery of firearms in violation of
paragraph (a) or (i) of subsection (A), when the firearm
that was sold or given to another person under 18 years of
age was used in the commission of or attempt to commit a
forcible felony, shall be fined or imprisoned, or both,
not to exceed the maximum provided for the most serious
forcible felony so committed or attempted by the person
under 18 years of age who was sold or given the firearm.
(9) Any person convicted of unlawful sale or delivery
of firearms in violation of paragraph (d) of subsection
(A) commits a Class 3 felony.
(10) Any person convicted of unlawful sale or delivery
of firearms in violation of paragraph (l) of subsection
(A) commits a Class 2 felony if the delivery is of one
firearm. Any person convicted of unlawful sale or delivery
of firearms in violation of paragraph (l) of subsection
(A) commits a Class 1 felony if the delivery is of not less
than 2 and not more than 5 firearms at the same time or
within a one-year period. Any person convicted of unlawful
sale or delivery of firearms in violation of paragraph (l)
of subsection (A) commits a Class X felony for which he or

HB2770 - 72 - LRB103 26858 RLC 53222 b
she shall be sentenced to a term of imprisonment of not
less than 6 years and not more than 30 years if the
delivery is of not less than 6 and not more than 10
firearms at the same time or within a 2-year period. Any
person convicted of unlawful sale or delivery of firearms
in violation of paragraph (l) of subsection (A) commits a
Class X felony for which he or she shall be sentenced to a
term of imprisonment of not less than 6 years and not more
than 40 years if the delivery is of not less than 11 and
not more than 20 firearms at the same time or within a
3-year period. Any person convicted of unlawful sale or
delivery of firearms in violation of paragraph (l) of
subsection (A) commits a Class X felony for which he or she
shall be sentenced to a term of imprisonment of not less
than 6 years and not more than 50 years if the delivery is
of not less than 21 and not more than 30 firearms at the
same time or within a 4-year period. Any person convicted
of unlawful sale or delivery of firearms in violation of
paragraph (l) of subsection (A) commits a Class X felony
for which he or she shall be sentenced to a term of
imprisonment of not less than 6 years and not more than 60
years if the delivery is of 31 or more firearms at the same
time or within a 5-year period.
(11) Any person convicted of unlawful sale or delivery
of firearms in violation of paragraph (m) of subsection
(A) commits a Class 1 felony.

HB2770 - 73 - LRB103 26858 RLC 53222 b
(D) For purposes of this Section:
"School" means a public or private elementary or secondary
school, community college, college, or university.
"School related activity" means any sporting, social,
academic, or other activity for which students' attendance or
participation is sponsored, organized, or funded in whole or
in part by a school or school district.
(E) A prosecution for a violation of paragraph (k) of
subsection (A) of this Section may be commenced within 6 years
after the commission of the offense. A prosecution for a
violation of this Section other than paragraph (g) of
subsection (A) of this Section may be commenced within 5 years
after the commission of the offense defined in the particular
paragraph.
(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
102-813, eff. 5-13-22.)
(720 ILCS 5/24-3.5)
Sec. 24-3.5. Unlawful purchase of a firearm.
(a) For purposes of this Section, "firearms transaction
record form" means a form:
(1) executed by a transferee of a firearm stating: (i)
the transferee's name and address (including county or
similar political subdivision); (ii) whether the
transferee is a citizen of the United States; (iii) the
transferee's State of residence; and (iv) the date and

HB2770 - 74 - LRB103 26858 RLC 53222 b
place of birth, height, weight, and race of the
transferee; and
(2) on which the transferee certifies that he or she
is not prohibited by federal law from transporting or
shipping a firearm in interstate or foreign commerce or
receiving a firearm that has been shipped or transported
in interstate or foreign commerce or possessing a firearm
in or affecting commerce.
(b) A person commits the offense of unlawful purchase of a
firearm who knowingly purchases or attempts to purchase a
firearm with the intent to deliver that firearm to another
person who is prohibited by federal or State law from
possessing a firearm.
(c) A person commits the offense of unlawful purchase of a
firearm when he or she, in purchasing or attempting to
purchase a firearm, intentionally provides false or misleading
information on a United States Department of the Treasury,
Bureau of Alcohol, Tobacco and Firearms firearms transaction
record form.
(c-5) A person commits the offense of unlawful purchase of
a firearm when he or she, in purchasing or attempting to
purchase a firearm does not display to the seller or
transferor of the firearm a permit to purchase the firearm
issued by the local law enforcement agency under Section 3.4
of the Firearm Owners Identification Card Act.
(d) Exemption. It is not a violation of subsection (b) of

HB2770 - 75 - LRB103 26858 RLC 53222 b
this Section for a person to make a gift or loan of a firearm
to a person who is not prohibited by federal or State law from
possessing a firearm if the transfer of the firearm is made in
accordance with Section 3 of the Firearm Owners Identification
Card Act.
(e) Sentence.
(1) A person who commits the offense of unlawful
purchase of a firearm:
(A) is guilty of a Class 2 felony for purchasing or
attempting to purchase one firearm;
(B) is guilty of a Class 1 felony for purchasing or
attempting to purchase not less than 2 firearms and
not more than 5 firearms at the same time or within a
one year period;
(C) is guilty of a Class X felony for which the
offender shall be sentenced to a term of imprisonment
of not less than 9 years and not more than 40 years for
purchasing or attempting to purchase not less than 6
firearms at the same time or within a 2 year period.
(D) is guilty of a Class 2 felony for purchasing or
attempting to purchase a firearm in violation of
subsection (c-5).
(2) In addition to any other penalty that may be
imposed for a violation of this Section, the court may
sentence a person convicted of a violation of subsection
(c) of this Section to a fine not to exceed $250,000 for

HB2770 - 76 - LRB103 26858 RLC 53222 b
each violation.
(f) A prosecution for unlawful purchase of a firearm may
be commenced within 6 years after the commission of the
offense.
(Source: P.A. 95-882, eff. 1-1-09.)
Section 2-50. The Code of Criminal Procedure of 1963 is
amended by changing Section 112A-14 as follows:
(725 ILCS 5/112A-14) (from Ch. 38, par. 112A-14)
Sec. 112A-14. Domestic violence order of protection;
remedies.
(a) (Blank).
(b) The court may order any of the remedies listed in this
subsection (b). The remedies listed in this subsection (b)
shall be in addition to other civil or criminal remedies
available to petitioner.
(1) Prohibition of abuse. Prohibit respondent's
harassment, interference with personal liberty,
intimidation of a dependent, physical abuse, or willful
deprivation, as defined in this Article, if such abuse has
occurred or otherwise appears likely to occur if not
prohibited.
(2) Grant of exclusive possession of residence.
Prohibit respondent from entering or remaining in any
residence, household, or premises of the petitioner,

HB2770 - 77 - LRB103 26858 RLC 53222 b
including one owned or leased by respondent, if petitioner
has a right to occupancy thereof. The grant of exclusive
possession of the residence, household, or premises shall
not affect title to real property, nor shall the court be
limited by the standard set forth in subsection (c-2) of
Section 501 of the Illinois Marriage and Dissolution of
Marriage Act.
(A) Right to occupancy. A party has a right to
occupancy of a residence or household if it is solely
or jointly owned or leased by that party, that party's
spouse, a person with a legal duty to support that
party or a minor child in that party's care, or by any
person or entity other than the opposing party that
authorizes that party's occupancy (e.g., a domestic
violence shelter). Standards set forth in subparagraph
(B) shall not preclude equitable relief.
(B) Presumption of hardships. If petitioner and
respondent each has the right to occupancy of a
residence or household, the court shall balance (i)
the hardships to respondent and any minor child or
dependent adult in respondent's care resulting from
entry of this remedy with (ii) the hardships to
petitioner and any minor child or dependent adult in
petitioner's care resulting from continued exposure to
the risk of abuse (should petitioner remain at the
residence or household) or from loss of possession of

HB2770 - 78 - LRB103 26858 RLC 53222 b
the residence or household (should petitioner leave to
avoid the risk of abuse). When determining the balance
of hardships, the court shall also take into account
the accessibility of the residence or household.
Hardships need not be balanced if respondent does not
have a right to occupancy.
The balance of hardships is presumed to favor
possession by petitioner unless the presumption is
rebutted by a preponderance of the evidence, showing
that the hardships to respondent substantially
outweigh the hardships to petitioner and any minor
child or dependent adult in petitioner's care. The
court, on the request of petitioner or on its own
motion, may order respondent to provide suitable,
accessible, alternate housing for petitioner instead
of excluding respondent from a mutual residence or
household.
(3) Stay away order and additional prohibitions. Order
respondent to stay away from petitioner or any other
person protected by the domestic violence order of
protection, or prohibit respondent from entering or
remaining present at petitioner's school, place of
employment, or other specified places at times when
petitioner is present, or both, if reasonable, given the
balance of hardships. Hardships need not be balanced for
the court to enter a stay away order or prohibit entry if

HB2770 - 79 - LRB103 26858 RLC 53222 b
respondent has no right to enter the premises.
(A) If a domestic violence order of protection
grants petitioner exclusive possession of the
residence, prohibits respondent from entering the
residence, or orders respondent to stay away from
petitioner or other protected persons, then the court
may allow respondent access to the residence to remove
items of clothing and personal adornment used
exclusively by respondent, medications, and other
items as the court directs. The right to access shall
be exercised on only one occasion as the court directs
and in the presence of an agreed-upon adult third
party or law enforcement officer.
(B) When the petitioner and the respondent attend
the same public, private, or non-public elementary,
middle, or high school, the court when issuing a
domestic violence order of protection and providing
relief shall consider the severity of the act, any
continuing physical danger or emotional distress to
the petitioner, the educational rights guaranteed to
the petitioner and respondent under federal and State
law, the availability of a transfer of the respondent
to another school, a change of placement or a change of
program of the respondent, the expense, difficulty,
and educational disruption that would be caused by a
transfer of the respondent to another school, and any

HB2770 - 80 - LRB103 26858 RLC 53222 b
other relevant facts of the case. The court may order
that the respondent not attend the public, private, or
non-public elementary, middle, or high school attended
by the petitioner, order that the respondent accept a
change of placement or change of program, as
determined by the school district or private or
non-public school, or place restrictions on the
respondent's movements within the school attended by
the petitioner. The respondent bears the burden of
proving by a preponderance of the evidence that a
transfer, change of placement, or change of program of
the respondent is not available. The respondent also
bears the burden of production with respect to the
expense, difficulty, and educational disruption that
would be caused by a transfer of the respondent to
another school. A transfer, change of placement, or
change of program is not unavailable to the respondent
solely on the ground that the respondent does not
agree with the school district's or private or
non-public school's transfer, change of placement, or
change of program or solely on the ground that the
respondent fails or refuses to consent or otherwise
does not take an action required to effectuate a
transfer, change of placement, or change of program.
When a court orders a respondent to stay away from the
public, private, or non-public school attended by the

HB2770 - 81 - LRB103 26858 RLC 53222 b
petitioner and the respondent requests a transfer to
another attendance center within the respondent's
school district or private or non-public school, the
school district or private or non-public school shall
have sole discretion to determine the attendance
center to which the respondent is transferred. If the
court order results in a transfer of the minor
respondent to another attendance center, a change in
the respondent's placement, or a change of the
respondent's program, the parents, guardian, or legal
custodian of the respondent is responsible for
transportation and other costs associated with the
transfer or change.
(C) The court may order the parents, guardian, or
legal custodian of a minor respondent to take certain
actions or to refrain from taking certain actions to
ensure that the respondent complies with the order. If
the court orders a transfer of the respondent to
another school, the parents, guardian, or legal
custodian of the respondent is responsible for
transportation and other costs associated with the
change of school by the respondent.
(4) Counseling. Require or recommend the respondent to
undergo counseling for a specified duration with a social
worker, psychologist, clinical psychologist,
psychiatrist, family service agency, alcohol or substance

HB2770 - 82 - LRB103 26858 RLC 53222 b
abuse program, mental health center guidance counselor,
agency providing services to elders, program designed for
domestic violence abusers, or any other guidance service
the court deems appropriate. The court may order the
respondent in any intimate partner relationship to report
to an Illinois Department of Human Services protocol
approved partner abuse intervention program for an
assessment and to follow all recommended treatment.
(5) Physical care and possession of the minor child.
In order to protect the minor child from abuse, neglect,
or unwarranted separation from the person who has been the
minor child's primary caretaker, or to otherwise protect
the well-being of the minor child, the court may do either
or both of the following: (i) grant petitioner physical
care or possession of the minor child, or both, or (ii)
order respondent to return a minor child to, or not remove
a minor child from, the physical care of a parent or person
in loco parentis.
If the respondent is charged with abuse (as defined in
Section 112A-3 of this Code) of a minor child, there shall
be a rebuttable presumption that awarding physical care to
respondent would not be in the minor child's best
interest.
(6) Temporary allocation of parental responsibilities
and significant decision-making responsibilities. Award
temporary significant decision-making responsibility to

HB2770 - 83 - LRB103 26858 RLC 53222 b
petitioner in accordance with this Section, the Illinois
Marriage and Dissolution of Marriage Act, the Illinois
Parentage Act of 2015, and this State's Uniform
Child-Custody Jurisdiction and Enforcement Act.
If the respondent is charged with abuse (as defined in
Section 112A-3 of this Code) of a minor child, there shall
be a rebuttable presumption that awarding temporary
significant decision-making responsibility to respondent
would not be in the child's best interest.
(7) Parenting time. Determine the parenting time, if
any, of respondent in any case in which the court awards
physical care or temporary significant decision-making
responsibility of a minor child to petitioner. The court
shall restrict or deny respondent's parenting time with a
minor child if the court finds that respondent has done or
is likely to do any of the following:
(i) abuse or endanger the minor child during
parenting time;
(ii) use the parenting time as an opportunity to
abuse or harass petitioner or petitioner's family or
household members;
(iii) improperly conceal or detain the minor
child; or
(iv) otherwise act in a manner that is not in the
best interests of the minor child.
The court shall not be limited by the standards set

HB2770 - 84 - LRB103 26858 RLC 53222 b
forth in Section 603.10 of the Illinois Marriage and
Dissolution of Marriage Act. If the court grants parenting
time, the order shall specify dates and times for the
parenting time to take place or other specific parameters
or conditions that are appropriate. No order for parenting
time shall refer merely to the term "reasonable parenting
time". Petitioner may deny respondent access to the minor
child if, when respondent arrives for parenting time,
respondent is under the influence of drugs or alcohol and
constitutes a threat to the safety and well-being of
petitioner or petitioner's minor children or is behaving
in a violent or abusive manner. If necessary to protect
any member of petitioner's family or household from future
abuse, respondent shall be prohibited from coming to
petitioner's residence to meet the minor child for
parenting time, and the petitioner and respondent shall
submit to the court their recommendations for reasonable
alternative arrangements for parenting time. A person may
be approved to supervise parenting time only after filing
an affidavit accepting that responsibility and
acknowledging accountability to the court.
(8) Removal or concealment of minor child. Prohibit
respondent from removing a minor child from the State or
concealing the child within the State.
(9) Order to appear. Order the respondent to appear in
court, alone or with a minor child, to prevent abuse,

HB2770 - 85 - LRB103 26858 RLC 53222 b
neglect, removal or concealment of the child, to return
the child to the custody or care of the petitioner, or to
permit any court-ordered interview or examination of the
child or the respondent.
(10) Possession of personal property. Grant petitioner
exclusive possession of personal property and, if
respondent has possession or control, direct respondent to
promptly make it available to petitioner, if:
(i) petitioner, but not respondent, owns the
property; or
(ii) the petitioner and respondent own the
property jointly; sharing it would risk abuse of
petitioner by respondent or is impracticable; and the
balance of hardships favors temporary possession by
petitioner.
If petitioner's sole claim to ownership of the
property is that it is marital property, the court may
award petitioner temporary possession thereof under the
standards of subparagraph (ii) of this paragraph only if a
proper proceeding has been filed under the Illinois
Marriage and Dissolution of Marriage Act, as now or
hereafter amended.
No order under this provision shall affect title to
property.
(11) Protection of property. Forbid the respondent
from taking, transferring, encumbering, concealing,

HB2770 - 86 - LRB103 26858 RLC 53222 b
damaging, or otherwise disposing of any real or personal
property, except as explicitly authorized by the court,
if:
(i) petitioner, but not respondent, owns the
property; or
(ii) the petitioner and respondent own the
property jointly, and the balance of hardships favors
granting this remedy.
If petitioner's sole claim to ownership of the
property is that it is marital property, the court may
grant petitioner relief under subparagraph (ii) of this
paragraph only if a proper proceeding has been filed under
the Illinois Marriage and Dissolution of Marriage Act, as
now or hereafter amended.
The court may further prohibit respondent from
improperly using the financial or other resources of an
aged member of the family or household for the profit or
advantage of respondent or of any other person.
(11.5) Protection of animals. Grant the petitioner the
exclusive care, custody, or control of any animal owned,
possessed, leased, kept, or held by either the petitioner
or the respondent or a minor child residing in the
residence or household of either the petitioner or the
respondent and order the respondent to stay away from the
animal and forbid the respondent from taking,
transferring, encumbering, concealing, harming, or

HB2770 - 87 - LRB103 26858 RLC 53222 b
otherwise disposing of the animal.
(12) Order for payment of support. Order respondent to
pay temporary support for the petitioner or any child in
the petitioner's care or over whom the petitioner has been
allocated parental responsibility, when the respondent has
a legal obligation to support that person, in accordance
with the Illinois Marriage and Dissolution of Marriage
Act, which shall govern, among other matters, the amount
of support, payment through the clerk and withholding of
income to secure payment. An order for child support may
be granted to a petitioner with lawful physical care of a
child, or an order or agreement for physical care of a
child, prior to entry of an order allocating significant
decision-making responsibility. Such a support order shall
expire upon entry of a valid order allocating parental
responsibility differently and vacating petitioner's
significant decision-making responsibility unless
otherwise provided in the order.
(13) Order for payment of losses. Order respondent to
pay petitioner for losses suffered as a direct result of
the abuse. Such losses shall include, but not be limited
to, medical expenses, lost earnings or other support,
repair or replacement of property damaged or taken,
reasonable attorney's fees, court costs, and moving or
other travel expenses, including additional reasonable
expenses for temporary shelter and restaurant meals.

HB2770 - 88 - LRB103 26858 RLC 53222 b
(i) Losses affecting family needs. If a party is
entitled to seek maintenance, child support, or
property distribution from the other party under the
Illinois Marriage and Dissolution of Marriage Act, as
now or hereafter amended, the court may order
respondent to reimburse petitioner's actual losses, to
the extent that such reimbursement would be
"appropriate temporary relief", as authorized by
subsection (a)(3) of Section 501 of that Act.
(ii) Recovery of expenses. In the case of an
improper concealment or removal of a minor child, the
court may order respondent to pay the reasonable
expenses incurred or to be incurred in the search for
and recovery of the minor child, including, but not
limited to, legal fees, court costs, private
investigator fees, and travel costs.
(14) Prohibition of entry. Prohibit the respondent
from entering or remaining in the residence or household
while the respondent is under the influence of alcohol or
drugs and constitutes a threat to the safety and
well-being of the petitioner or the petitioner's children.
(14.5) Prohibition of firearm possession.
(A) A person who is subject to an existing
domestic violence order of protection issued under
this Code may not lawfully possess weapons or a
Firearm Owner's Identification Card under Section 8.2

HB2770 - 89 - LRB103 26858 RLC 53222 b
of the Firearm Owners Identification Card Act and is
subject to the requirements of subsection (a-1) of
Section 214 of the Illinois Domestic Violence Act of
1986 and paragraph (14.5) or (14.6) of subsection (b)
of Section 214 of the Illinois Domestic Violence Act
of 1986, as applicable.
(B) Any firearms in the possession of the
respondent, except as provided in subparagraph (C) of
this paragraph (14.5), shall be ordered by the court
to be turned over to a person with a valid Firearm
Owner's Identification Card for surrender: safekeeping
(i) in the case of an ex parte order under
Section 112A-17.5, for the duration of the
domestic violence order of protection; or
(ii) in the case of a final order, for the
duration of the domestic violence order of
protection or 2 years, whichever is longer.
The court shall issue an order that the respondent
comply with Section 9.5 of the Firearm Owners
Identification Card Act.
(C) If the respondent is a peace officer as
defined in Section 2-13 of the Criminal Code of 2012,
the court shall order that any firearms used by the
respondent in the performance of his or her duties as a
peace officer be surrendered to the chief law
enforcement executive of the agency in which the

HB2770 - 90 - LRB103 26858 RLC 53222 b
respondent is employed, who shall retain the firearms
for surrender: safekeeping
(i) in the case of an ex parte order under
Section 112A-17.5, for the duration of the
domestic violence order of protection; or
(ii) in the case of a final order, for the
duration of the domestic violence order of
protection or 2 years, whichever is longer.
(D) Upon expiration of the period of surrender
safekeeping, if the firearms or Firearm Owner's
Identification Card cannot be returned to respondent
because respondent cannot be located, fails to respond
to requests to retrieve the firearms, or is not
lawfully eligible to possess a firearm, upon petition
from the local law enforcement agency, the court may
order the local law enforcement agency to destroy the
firearms, use the firearms for training purposes, or
for any other application as deemed appropriate by the
local law enforcement agency; or that the firearms be
turned over to a third party who is lawfully eligible
to possess firearms, and who does not reside with
respondent.
(15) Prohibition of access to records. If a domestic
violence order of protection prohibits respondent from
having contact with the minor child, or if petitioner's
address is omitted under subsection (b) of Section 112A-5

HB2770 - 91 - LRB103 26858 RLC 53222 b
of this Code, or if necessary to prevent abuse or wrongful
removal or concealment of a minor child, the order shall
deny respondent access to, and prohibit respondent from
inspecting, obtaining, or attempting to inspect or obtain,
school or any other records of the minor child who is in
the care of petitioner.
(16) Order for payment of shelter services. Order
respondent to reimburse a shelter providing temporary
housing and counseling services to the petitioner for the
cost of the services, as certified by the shelter and
deemed reasonable by the court.
(17) Order for injunctive relief. Enter injunctive
relief necessary or appropriate to prevent further abuse
of a family or household member or to effectuate one of the
granted remedies, if supported by the balance of
hardships. If the harm to be prevented by the injunction
is abuse or any other harm that one of the remedies listed
in paragraphs (1) through (16) of this subsection is
designed to prevent, no further evidence is necessary to
establish that the harm is an irreparable injury.
(18) Telephone services.
(A) Unless a condition described in subparagraph
(B) of this paragraph exists, the court may, upon
request by the petitioner, order a wireless telephone
service provider to transfer to the petitioner the
right to continue to use a telephone number or numbers

HB2770 - 92 - LRB103 26858 RLC 53222 b
indicated by the petitioner and the financial
responsibility associated with the number or numbers,
as set forth in subparagraph (C) of this paragraph. In
this paragraph (18), the term "wireless telephone
service provider" means a provider of commercial
mobile service as defined in 47 U.S.C. 332. The
petitioner may request the transfer of each telephone
number that the petitioner, or a minor child in his or
her custody, uses. The clerk of the court shall serve
the order on the wireless telephone service provider's
agent for service of process provided to the Illinois
Commerce Commission. The order shall contain all of
the following:
(i) The name and billing telephone number of
the account holder including the name of the
wireless telephone service provider that serves
the account.
(ii) Each telephone number that will be
transferred.
(iii) A statement that the provider transfers
to the petitioner all financial responsibility for
and right to the use of any telephone number
transferred under this paragraph.
(B) A wireless telephone service provider shall
terminate the respondent's use of, and shall transfer
to the petitioner use of, the telephone number or

HB2770 - 93 - LRB103 26858 RLC 53222 b
numbers indicated in subparagraph (A) of this
paragraph unless it notifies the petitioner, within 72
hours after it receives the order, that one of the
following applies:
(i) The account holder named in the order has
terminated the account.
(ii) A difference in network technology would
prevent or impair the functionality of a device on
a network if the transfer occurs.
(iii) The transfer would cause a geographic or
other limitation on network or service provision
to the petitioner.
(iv) Another technological or operational
issue would prevent or impair the use of the
telephone number if the transfer occurs.
(C) The petitioner assumes all financial
responsibility for and right to the use of any
telephone number transferred under this paragraph. In
this paragraph, "financial responsibility" includes
monthly service costs and costs associated with any
mobile device associated with the number.
(D) A wireless telephone service provider may
apply to the petitioner its routine and customary
requirements for establishing an account or
transferring a number, including requiring the
petitioner to provide proof of identification,

HB2770 - 94 - LRB103 26858 RLC 53222 b
financial information, and customer preferences.
(E) Except for willful or wanton misconduct, a
wireless telephone service provider is immune from
civil liability for its actions taken in compliance
with a court order issued under this paragraph.
(F) All wireless service providers that provide
services to residential customers shall provide to the
Illinois Commerce Commission the name and address of
an agent for service of orders entered under this
paragraph (18). Any change in status of the registered
agent must be reported to the Illinois Commerce
Commission within 30 days of such change.
(G) The Illinois Commerce Commission shall
maintain the list of registered agents for service for
each wireless telephone service provider on the
Commission's website. The Commission may consult with
wireless telephone service providers and the Circuit
Court Clerks on the manner in which this information
is provided and displayed.
(c) Relevant factors; findings.
(1) In determining whether to grant a specific remedy,
other than payment of support, the court shall consider
relevant factors, including, but not limited to, the
following:
(i) the nature, frequency, severity, pattern, and
consequences of the respondent's past abuse of the

HB2770 - 95 - LRB103 26858 RLC 53222 b
petitioner or any family or household member,
including the concealment of his or her location in
order to evade service of process or notice, and the
likelihood of danger of future abuse to petitioner or
any member of petitioner's or respondent's family or
household; and
(ii) the danger that any minor child will be
abused or neglected or improperly relocated from the
jurisdiction, improperly concealed within the State,
or improperly separated from the child's primary
caretaker.
(2) In comparing relative hardships resulting to the
parties from loss of possession of the family home, the
court shall consider relevant factors, including, but not
limited to, the following:
(i) availability, accessibility, cost, safety,
adequacy, location, and other characteristics of
alternate housing for each party and any minor child
or dependent adult in the party's care;
(ii) the effect on the party's employment; and
(iii) the effect on the relationship of the party,
and any minor child or dependent adult in the party's
care, to family, school, church, and community.
(3) Subject to the exceptions set forth in paragraph
(4) of this subsection (c), the court shall make its
findings in an official record or in writing, and shall at

HB2770 - 96 - LRB103 26858 RLC 53222 b
a minimum set forth the following:
(i) That the court has considered the applicable
relevant factors described in paragraphs (1) and (2)
of this subsection (c).
(ii) Whether the conduct or actions of respondent,
unless prohibited, will likely cause irreparable harm
or continued abuse.
(iii) Whether it is necessary to grant the
requested relief in order to protect petitioner or
other alleged abused persons.
(4) (Blank).
(5) Never married parties. No rights or
responsibilities for a minor child born outside of
marriage attach to a putative father until a father and
child relationship has been established under the Illinois
Parentage Act of 1984, the Illinois Parentage Act of 2015,
the Illinois Public Aid Code, Section 12 of the Vital
Records Act, the Juvenile Court Act of 1987, the Probate
Act of 1975, the Uniform Interstate Family Support Act,
the Expedited Child Support Act of 1990, any judicial,
administrative, or other act of another state or
territory, any other statute of this State, or by any
foreign nation establishing the father and child
relationship, any other proceeding substantially in
conformity with the federal Personal Responsibility and
Work Opportunity Reconciliation Act of 1996, or when both

HB2770 - 97 - LRB103 26858 RLC 53222 b
parties appeared in open court or at an administrative
hearing acknowledging under oath or admitting by
affirmation the existence of a father and child
relationship. Absent such an adjudication, no putative
father shall be granted temporary allocation of parental
responsibilities, including parenting time with the minor
child, or physical care and possession of the minor child,
nor shall an order of payment for support of the minor
child be entered.
(d) Balance of hardships; findings. If the court finds
that the balance of hardships does not support the granting of
a remedy governed by paragraph (2), (3), (10), (11), or (16) of
subsection (b) of this Section, which may require such
balancing, the court's findings shall so indicate and shall
include a finding as to whether granting the remedy will
result in hardship to respondent that would substantially
outweigh the hardship to petitioner from denial of the remedy.
The findings shall be an official record or in writing.
(e) Denial of remedies. Denial of any remedy shall not be
based, in whole or in part, on evidence that:
(1) respondent has cause for any use of force, unless
that cause satisfies the standards for justifiable use of
force provided by Article 7 of the Criminal Code of 2012;
(2) respondent was voluntarily intoxicated;
(3) petitioner acted in self-defense or defense of
another, provided that, if petitioner utilized force, such

HB2770 - 98 - LRB103 26858 RLC 53222 b
force was justifiable under Article 7 of the Criminal Code
of 2012;
(4) petitioner did not act in self-defense or defense
of another;
(5) petitioner left the residence or household to
avoid further abuse by respondent;
(6) petitioner did not leave the residence or
household to avoid further abuse by respondent; or
(7) conduct by any family or household member excused
the abuse by respondent, unless that same conduct would
have excused such abuse if the parties had not been family
or household members.
(Source: P.A. 101-81, eff. 7-12-19; 102-237, eff. 1-1-22;
102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)
Section 2-55. The Illinois Domestic Violence Act of 1986
is amended by changing Sections 214, 217, and 223 as follows:
(750 ILCS 60/214) (from Ch. 40, par. 2312-14)
Sec. 214. Order of protection; remedies.
(a) Issuance of order. If the court finds that petitioner
has been abused by a family or household member or that
petitioner is a high-risk adult who has been abused,
neglected, or exploited, as defined in this Act, an order of
protection prohibiting the abuse, neglect, or exploitation
shall issue; provided that petitioner must also satisfy the

HB2770 - 99 - LRB103 26858 RLC 53222 b
requirements of one of the following Sections, as appropriate:
Section 217 on emergency orders, Section 218 on interim
orders, or Section 219 on plenary orders. Petitioner shall not
be denied an order of protection because petitioner or
respondent is a minor. The court, when determining whether or
not to issue an order of protection, shall not require
physical manifestations of abuse on the person of the victim.
Modification and extension of prior orders of protection shall
be in accordance with this Act.
(a-1) If the respondent to an order of protection issued
under subsection (a) is subject to paragraph (14.5) or (14.6)
of subsection (b), the order of protection shall also include
an order to surrender firearms. The order to surrender
firearms shall require the respondent to surrender any firearm
on the day the respondent is served with the order of
protection. Upon the respondent surrendering any firearm to
the appropriate law enforcement agency, the law enforcement
agency shall provide a statement of receipt of any firearm,
with a description of any firearm surrendered, to the
respondent and the court. This statement of receipt shall be
considered proof of compliance with an order to surrender
firearms and may be presented as proof at a hearing.
The failure to surrender any firearm within 24 hours to
the appropriate law enforcement agency under an order to
surrender firearms shall constitute contempt of court for the
violation of the terms of the order of protection.

HB2770 - 100 - LRB103 26858 RLC 53222 b
Within 30 days of the effective date of this amendatory
Act of the 103rd General Assembly, the Supreme Court shall
adopt a form for an order to surrender firearms and update any
existing forms for an order of protection to reflect the
changes made by this amendatory Act of the 103rd General
Assembly. The form for an order to surrender firearms shall
also include forms for a declaration of surrender of firearms,
proof of surrender, declaration of nonsurrender, and order to
release firearms.
(b) Remedies and standards. The remedies to be included in
an order of protection shall be determined in accordance with
this Section and one of the following Sections, as
appropriate: Section 217 on emergency orders, Section 218 on
interim orders, and Section 219 on plenary orders. The
remedies listed in this subsection shall be in addition to
other civil or criminal remedies available to petitioner.
(1) Prohibition of abuse, neglect, or exploitation.
Prohibit respondent's harassment, interference with
personal liberty, intimidation of a dependent, physical
abuse, or willful deprivation, neglect or exploitation, as
defined in this Act, or stalking of the petitioner, as
defined in Section 12-7.3 of the Criminal Code of 2012, if
such abuse, neglect, exploitation, or stalking has
occurred or otherwise appears likely to occur if not
prohibited.
(2) Grant of exclusive possession of residence.

HB2770 - 101 - LRB103 26858 RLC 53222 b
Prohibit respondent from entering or remaining in any
residence, household, or premises of the petitioner,
including one owned or leased by respondent, if petitioner
has a right to occupancy thereof. The grant of exclusive
possession of the residence, household, or premises shall
not affect title to real property, nor shall the court be
limited by the standard set forth in subsection (c-2) of
Section 501 of the Illinois Marriage and Dissolution of
Marriage Act.
(A) Right to occupancy. A party has a right to
occupancy of a residence or household if it is solely
or jointly owned or leased by that party, that party's
spouse, a person with a legal duty to support that
party or a minor child in that party's care, or by any
person or entity other than the opposing party that
authorizes that party's occupancy (e.g., a domestic
violence shelter). Standards set forth in subparagraph
(B) shall not preclude equitable relief.
(B) Presumption of hardships. If petitioner and
respondent each has the right to occupancy of a
residence or household, the court shall balance (i)
the hardships to respondent and any minor child or
dependent adult in respondent's care resulting from
entry of this remedy with (ii) the hardships to
petitioner and any minor child or dependent adult in
petitioner's care resulting from continued exposure to

HB2770 - 102 - LRB103 26858 RLC 53222 b
the risk of abuse (should petitioner remain at the
residence or household) or from loss of possession of
the residence or household (should petitioner leave to
avoid the risk of abuse). When determining the balance
of hardships, the court shall also take into account
the accessibility of the residence or household.
Hardships need not be balanced if respondent does not
have a right to occupancy.
The balance of hardships is presumed to favor
possession by petitioner unless the presumption is
rebutted by a preponderance of the evidence, showing
that the hardships to respondent substantially
outweigh the hardships to petitioner and any minor
child or dependent adult in petitioner's care. The
court, on the request of petitioner or on its own
motion, may order respondent to provide suitable,
accessible, alternate housing for petitioner instead
of excluding respondent from a mutual residence or
household.
(3) Stay away order and additional prohibitions. Order
respondent to stay away from petitioner or any other
person protected by the order of protection, or prohibit
respondent from entering or remaining present at
petitioner's school, place of employment, or other
specified places at times when petitioner is present, or
both, if reasonable, given the balance of hardships.

HB2770 - 103 - LRB103 26858 RLC 53222 b
Hardships need not be balanced for the court to enter a
stay away order or prohibit entry if respondent has no
right to enter the premises.
(A) If an order of protection grants petitioner
exclusive possession of the residence, or prohibits
respondent from entering the residence, or orders
respondent to stay away from petitioner or other
protected persons, then the court may allow respondent
access to the residence to remove items of clothing
and personal adornment used exclusively by respondent,
medications, and other items as the court directs. The
right to access shall be exercised on only one
occasion as the court directs and in the presence of an
agreed-upon adult third party or law enforcement
officer.
(B) When the petitioner and the respondent attend
the same public, private, or non-public elementary,
middle, or high school, the court when issuing an
order of protection and providing relief shall
consider the severity of the act, any continuing
physical danger or emotional distress to the
petitioner, the educational rights guaranteed to the
petitioner and respondent under federal and State law,
the availability of a transfer of the respondent to
another school, a change of placement or a change of
program of the respondent, the expense, difficulty,

HB2770 - 104 - LRB103 26858 RLC 53222 b
and educational disruption that would be caused by a
transfer of the respondent to another school, and any
other relevant facts of the case. The court may order
that the respondent not attend the public, private, or
non-public elementary, middle, or high school attended
by the petitioner, order that the respondent accept a
change of placement or change of program, as
determined by the school district or private or
non-public school, or place restrictions on the
respondent's movements within the school attended by
the petitioner. The respondent bears the burden of
proving by a preponderance of the evidence that a
transfer, change of placement, or change of program of
the respondent is not available. The respondent also
bears the burden of production with respect to the
expense, difficulty, and educational disruption that
would be caused by a transfer of the respondent to
another school. A transfer, change of placement, or
change of program is not unavailable to the respondent
solely on the ground that the respondent does not
agree with the school district's or private or
non-public school's transfer, change of placement, or
change of program or solely on the ground that the
respondent fails or refuses to consent or otherwise
does not take an action required to effectuate a
transfer, change of placement, or change of program.

HB2770 - 105 - LRB103 26858 RLC 53222 b
When a court orders a respondent to stay away from the
public, private, or non-public school attended by the
petitioner and the respondent requests a transfer to
another attendance center within the respondent's
school district or private or non-public school, the
school district or private or non-public school shall
have sole discretion to determine the attendance
center to which the respondent is transferred. In the
event the court order results in a transfer of the
minor respondent to another attendance center, a
change in the respondent's placement, or a change of
the respondent's program, the parents, guardian, or
legal custodian of the respondent is responsible for
transportation and other costs associated with the
transfer or change.
(C) The court may order the parents, guardian, or
legal custodian of a minor respondent to take certain
actions or to refrain from taking certain actions to
ensure that the respondent complies with the order. In
the event the court orders a transfer of the
respondent to another school, the parents, guardian,
or legal custodian of the respondent is responsible
for transportation and other costs associated with the
change of school by the respondent.
(4) Counseling. Require or recommend the respondent to
undergo counseling for a specified duration with a social

HB2770 - 106 - LRB103 26858 RLC 53222 b
worker, psychologist, clinical psychologist,
psychiatrist, family service agency, alcohol or substance
abuse program, mental health center guidance counselor,
agency providing services to elders, program designed for
domestic violence abusers or any other guidance service
the court deems appropriate. The Court may order the
respondent in any intimate partner relationship to report
to an Illinois Department of Human Services protocol
approved partner abuse intervention program for an
assessment and to follow all recommended treatment.
(5) Physical care and possession of the minor child.
In order to protect the minor child from abuse, neglect,
or unwarranted separation from the person who has been the
minor child's primary caretaker, or to otherwise protect
the well-being of the minor child, the court may do either
or both of the following: (i) grant petitioner physical
care or possession of the minor child, or both, or (ii)
order respondent to return a minor child to, or not remove
a minor child from, the physical care of a parent or person
in loco parentis.
If a court finds, after a hearing, that respondent has
committed abuse (as defined in Section 103) of a minor
child, there shall be a rebuttable presumption that
awarding physical care to respondent would not be in the
minor child's best interest.
(6) Temporary allocation of parental responsibilities:

HB2770 - 107 - LRB103 26858 RLC 53222 b
significant decision-making. Award temporary
decision-making responsibility to petitioner in accordance
with this Section, the Illinois Marriage and Dissolution
of Marriage Act, the Illinois Parentage Act of 2015, and
this State's Uniform Child-Custody Jurisdiction and
Enforcement Act.
If a court finds, after a hearing, that respondent has
committed abuse (as defined in Section 103) of a minor
child, there shall be a rebuttable presumption that
awarding temporary significant decision-making
responsibility to respondent would not be in the child's
best interest.
(7) Parenting time. Determine the parenting time, if
any, of respondent in any case in which the court awards
physical care or allocates temporary significant
decision-making responsibility of a minor child to
petitioner. The court shall restrict or deny respondent's
parenting time with a minor child if the court finds that
respondent has done or is likely to do any of the
following: (i) abuse or endanger the minor child during
parenting time; (ii) use the parenting time as an
opportunity to abuse or harass petitioner or petitioner's
family or household members; (iii) improperly conceal or
detain the minor child; or (iv) otherwise act in a manner
that is not in the best interests of the minor child. The
court shall not be limited by the standards set forth in

HB2770 - 108 - LRB103 26858 RLC 53222 b
Section 603.10 of the Illinois Marriage and Dissolution of
Marriage Act. If the court grants parenting time, the
order shall specify dates and times for the parenting time
to take place or other specific parameters or conditions
that are appropriate. No order for parenting time shall
refer merely to the term "reasonable parenting time".
Petitioner may deny respondent access to the minor
child if, when respondent arrives for parenting time,
respondent is under the influence of drugs or alcohol and
constitutes a threat to the safety and well-being of
petitioner or petitioner's minor children or is behaving
in a violent or abusive manner.
If necessary to protect any member of petitioner's
family or household from future abuse, respondent shall be
prohibited from coming to petitioner's residence to meet
the minor child for parenting time, and the parties shall
submit to the court their recommendations for reasonable
alternative arrangements for parenting time. A person may
be approved to supervise parenting time only after filing
an affidavit accepting that responsibility and
acknowledging accountability to the court.
(8) Removal or concealment of minor child. Prohibit
respondent from removing a minor child from the State or
concealing the child within the State.
(9) Order to appear. Order the respondent to appear in
court, alone or with a minor child, to prevent abuse,

HB2770 - 109 - LRB103 26858 RLC 53222 b
neglect, removal or concealment of the child, to return
the child to the custody or care of the petitioner or to
permit any court-ordered interview or examination of the
child or the respondent.
(10) Possession of personal property. Grant petitioner
exclusive possession of personal property and, if
respondent has possession or control, direct respondent to
promptly make it available to petitioner, if:
(i) petitioner, but not respondent, owns the
property; or
(ii) the parties own the property jointly; sharing
it would risk abuse of petitioner by respondent or is
impracticable; and the balance of hardships favors
temporary possession by petitioner.
If petitioner's sole claim to ownership of the
property is that it is marital property, the court may
award petitioner temporary possession thereof under the
standards of subparagraph (ii) of this paragraph only if a
proper proceeding has been filed under the Illinois
Marriage and Dissolution of Marriage Act, as now or
hereafter amended.
No order under this provision shall affect title to
property.
(11) Protection of property. Forbid the respondent
from taking, transferring, encumbering, concealing,
damaging or otherwise disposing of any real or personal

HB2770 - 110 - LRB103 26858 RLC 53222 b
property, except as explicitly authorized by the court,
if:
(i) petitioner, but not respondent, owns the
property; or
(ii) the parties own the property jointly, and the
balance of hardships favors granting this remedy.
If petitioner's sole claim to ownership of the
property is that it is marital property, the court may
grant petitioner relief under subparagraph (ii) of this
paragraph only if a proper proceeding has been filed under
the Illinois Marriage and Dissolution of Marriage Act, as
now or hereafter amended.
The court may further prohibit respondent from
improperly using the financial or other resources of an
aged member of the family or household for the profit or
advantage of respondent or of any other person.
(11.5) Protection of animals. Grant the petitioner the
exclusive care, custody, or control of any animal owned,
possessed, leased, kept, or held by either the petitioner
or the respondent or a minor child residing in the
residence or household of either the petitioner or the
respondent and order the respondent to stay away from the
animal and forbid the respondent from taking,
transferring, encumbering, concealing, harming, or
otherwise disposing of the animal.
(12) Order for payment of support. Order respondent to

HB2770 - 111 - LRB103 26858 RLC 53222 b
pay temporary support for the petitioner or any child in
the petitioner's care or over whom the petitioner has been
allocated parental responsibility, when the respondent has
a legal obligation to support that person, in accordance
with the Illinois Marriage and Dissolution of Marriage
Act, which shall govern, among other matters, the amount
of support, payment through the clerk and withholding of
income to secure payment. An order for child support may
be granted to a petitioner with lawful physical care of a
child, or an order or agreement for physical care of a
child, prior to entry of an order allocating significant
decision-making responsibility. Such a support order shall
expire upon entry of a valid order allocating parental
responsibility differently and vacating the petitioner's
significant decision-making authority, unless otherwise
provided in the order.
(13) Order for payment of losses. Order respondent to
pay petitioner for losses suffered as a direct result of
the abuse, neglect, or exploitation. Such losses shall
include, but not be limited to, medical expenses, lost
earnings or other support, repair or replacement of
property damaged or taken, reasonable attorney's fees,
court costs and moving or other travel expenses, including
additional reasonable expenses for temporary shelter and
restaurant meals.
(i) Losses affecting family needs. If a party is

HB2770 - 112 - LRB103 26858 RLC 53222 b
entitled to seek maintenance, child support or
property distribution from the other party under the
Illinois Marriage and Dissolution of Marriage Act, as
now or hereafter amended, the court may order
respondent to reimburse petitioner's actual losses, to
the extent that such reimbursement would be
"appropriate temporary relief", as authorized by
subsection (a)(3) of Section 501 of that Act.
(ii) Recovery of expenses. In the case of an
improper concealment or removal of a minor child, the
court may order respondent to pay the reasonable
expenses incurred or to be incurred in the search for
and recovery of the minor child, including but not
limited to legal fees, court costs, private
investigator fees, and travel costs.
(14) Prohibition of entry. Prohibit the respondent
from entering or remaining in the residence or household
while the respondent is under the influence of alcohol or
drugs and constitutes a threat to the safety and
well-being of the petitioner or the petitioner's children.
(14.5) Prohibition of firearm possession; plenary
orders.
(a) In the case of a granted plenary order,
prohibit Prohibit a respondent against whom an order
of protection was issued from possessing any firearms
during the duration of the order or 2 years, whichever

HB2770 - 113 - LRB103 26858 RLC 53222 b
is longer, if the order:
(1) was issued after a hearing of which such
person received actual notice, and at which such
person had an opportunity to participate;
(2) restrains such person from harassing,
stalking, or threatening an intimate partner of
such person or child of such intimate partner or
person, or engaging in other conduct that would
place an intimate partner in reasonable fear of
bodily injury to the partner or child; and
(3)(i) includes a finding that such person
represents a credible threat to the physical
safety of such intimate partner or child; or (ii)
by its terms explicitly prohibits the use,
attempted use, or threatened use of physical force
against such intimate partner or child that would
reasonably be expected to cause bodily injury.
Any Firearm Owner's Identification Card in the
possession of the respondent, except as provided in
subparagraph subsection (b), shall be revoked or
suspended consistent with Section 8.2 of the Firearm
Owners Identification Act, and the respondent shall be
ordered by the court to surrender the card and any
firearm in the respondent's possession consistent with
Sections 8.2, 8.3, and 9.5 of the Firearm Owners
Identification Act. If the card is suspended, the be

HB2770 - 114 - LRB103 26858 RLC 53222 b
turned over to the local law enforcement agency. The
local law enforcement agency shall immediately mail
the card to the Illinois State Police Firearm Owner's
Identification Card Office for safekeeping. The court
shall issue a warrant for seizure of any firearm in the
possession of the respondent, to be kept by the local
law enforcement agency for safekeeping, except as
provided in subsection (b). The period of surrender
safekeeping shall be for the duration of the order of
protection. If the card is revoked, the period of
surrender shall be for the duration of the order of
protection or 2 years, whichever is longer. The
Illinois State Police shall make notification to the
local law enforcement with jurisdiction of the
suspension or revocation. The firearm or firearms and
Firearm Owner's Identification Card, if unexpired,
shall at the respondent's request, be returned to the
respondent at the end of the order of protection. It is
the respondent's responsibility to notify the Illinois
State Police Firearm Owner's Identification Card
Office.
(b) If the respondent is a peace officer as
defined in Section 2-13 of the Criminal Code of 2012,
the court shall order that any firearms used by the
respondent in the performance of his or her duties as a
peace officer be surrendered to the chief law

HB2770 - 115 - LRB103 26858 RLC 53222 b
enforcement executive of the agency in which the
respondent is employed, who shall retain the firearms
for surrender safekeeping for the duration of the
order of protection or 2 years, whichever is longer.
(c) Upon expiration of the period of surrender
safekeeping, if the firearms or Firearm Owner's
Identification Card cannot be returned to the
respondent because the respondent cannot be located,
fails to respond to requests to retrieve the firearms,
or is not lawfully eligible to possess a firearm, upon
petition from the local law enforcement agency, the
court may order the local law enforcement agency to
destroy the firearms, use the firearms for training
purposes, or for any other application as deemed
appropriate by the local law enforcement agency; or
that the firearms be turned over to a third party who
is lawfully eligible to possess firearms, and who does
not reside with the respondent.
(d) A respondent who has surrendered a firearm
under this paragraph shall not purchase a firearm for
the period of surrender. A respondent who has
surrendered a firearm under this paragraph shall not
possess or have access to any firearm regardless of
whether the firearm belongs to another person or if
the respondent is residing with another person who
owns a firearm and keeps the firearm at the residence.

HB2770 - 116 - LRB103 26858 RLC 53222 b
(e) Upon expiration of the period of surrender,
any surrendered firearm may only be returned to a
respondent if a judicial officer has signed an order
to release firearms stating that the order of
protection is no longer in effect and the period of
surrender has expired.
(14.6) Prohibition of firearm possession; emergency
orders.
(a) Any Firearm Owner's Identification Card in the
possession of the respondent, except as provided in
subparagraph (b), shall be suspended consistent with
Section 8.2 of the Firearm Owners Identification Act,
and the respondent shall be ordered by the court to
surrender the card and any firearm in the respondent's
possession consistent with Sections 8.3 and 9.5 of the
Firearm Owners Identification Act. The period of
surrender shall be for the duration of the order of
protection.
(b) If the respondent is a peace officer as
defined in Section 2-13 of the Criminal Code of 2012,
the court shall order that any firearms used by the
respondent in the performance of his or her duties as a
peace officer be surrendered to the chief law
enforcement executive of the agency in which the
respondent is employed, who shall retain the firearms
for surrender for the duration of the order of

HB2770 - 117 - LRB103 26858 RLC 53222 b
protection.
(c) Upon expiration of the period of surrender, if
the firearms or Firearm Owner's Identification Card
cannot be returned to respondent because respondent
cannot be located, fails to respond to requests to
retrieve the firearms, or is not lawfully eligible to
possess a firearm, upon petition from the local law
enforcement agency, the court may order the local law
enforcement agency to destroy the firearms, use the
firearms for training purposes, or for any other
application as deemed appropriate by the local law
enforcement agency; or that the firearms be turned
over to a third party who is lawfully eligible to
possess firearms, and who does not reside with
respondent.
(d) A respondent who has surrendered a firearm
under this paragraph shall not purchase a firearm for
the period of surrender. A respondent who has
surrendered a firearm under this paragraph shall not
possess or have access to any firearm regardless of
whether the firearm belongs to another person or if
the respondent is residing with another person who
owns a firearm and keeps the firearm at the residence.
(e) Upon expiration of the period of surrender,
any surrendered firearm may only be returned to a
respondent if a judicial officer has signed an order

HB2770 - 118 - LRB103 26858 RLC 53222 b
to release firearms stating that the order of
protection is no longer in effect and the period of
surrender has expired.
(15) Prohibition of access to records. If an order of
protection prohibits respondent from having contact with
the minor child, or if petitioner's address is omitted
under subsection (b) of Section 203, or if necessary to
prevent abuse or wrongful removal or concealment of a
minor child, the order shall deny respondent access to,
and prohibit respondent from inspecting, obtaining, or
attempting to inspect or obtain, school or any other
records of the minor child who is in the care of
petitioner.
(16) Order for payment of shelter services. Order
respondent to reimburse a shelter providing temporary
housing and counseling services to the petitioner for the
cost of the services, as certified by the shelter and
deemed reasonable by the court.
(17) Order for injunctive relief. Enter injunctive
relief necessary or appropriate to prevent further abuse
of a family or household member or further abuse, neglect,
or exploitation of a high-risk adult with disabilities or
to effectuate one of the granted remedies, if supported by
the balance of hardships. If the harm to be prevented by
the injunction is abuse or any other harm that one of the
remedies listed in paragraphs (1) through (16) of this

HB2770 - 119 - LRB103 26858 RLC 53222 b
subsection is designed to prevent, no further evidence is
necessary that the harm is an irreparable injury.
(18) Telephone services.
(A) Unless a condition described in subparagraph
(B) of this paragraph exists, the court may, upon
request by the petitioner, order a wireless telephone
service provider to transfer to the petitioner the
right to continue to use a telephone number or numbers
indicated by the petitioner and the financial
responsibility associated with the number or numbers,
as set forth in subparagraph (C) of this paragraph.
For purposes of this paragraph (18), the term
"wireless telephone service provider" means a provider
of commercial mobile service as defined in 47 U.S.C.
332. The petitioner may request the transfer of each
telephone number that the petitioner, or a minor child
in his or her custody, uses. The clerk of the court
shall serve the order on the wireless telephone
service provider's agent for service of process
provided to the Illinois Commerce Commission. The
order shall contain all of the following:
(i) The name and billing telephone number of
the account holder including the name of the
wireless telephone service provider that serves
the account.
(ii) Each telephone number that will be

HB2770 - 120 - LRB103 26858 RLC 53222 b
transferred.
(iii) A statement that the provider transfers
to the petitioner all financial responsibility for
and right to the use of any telephone number
transferred under this paragraph.
(B) A wireless telephone service provider shall
terminate the respondent's use of, and shall transfer
to the petitioner use of, the telephone number or
numbers indicated in subparagraph (A) of this
paragraph unless it notifies the petitioner, within 72
hours after it receives the order, that one of the
following applies:
(i) The account holder named in the order has
terminated the account.
(ii) A difference in network technology would
prevent or impair the functionality of a device on
a network if the transfer occurs.
(iii) The transfer would cause a geographic or
other limitation on network or service provision
to the petitioner.
(iv) Another technological or operational
issue would prevent or impair the use of the
telephone number if the transfer occurs.
(C) The petitioner assumes all financial
responsibility for and right to the use of any
telephone number transferred under this paragraph. In

HB2770 - 121 - LRB103 26858 RLC 53222 b
this paragraph, "financial responsibility" includes
monthly service costs and costs associated with any
mobile device associated with the number.
(D) A wireless telephone service provider may
apply to the petitioner its routine and customary
requirements for establishing an account or
transferring a number, including requiring the
petitioner to provide proof of identification,
financial information, and customer preferences.
(E) Except for willful or wanton misconduct, a
wireless telephone service provider is immune from
civil liability for its actions taken in compliance
with a court order issued under this paragraph.
(F) All wireless service providers that provide
services to residential customers shall provide to the
Illinois Commerce Commission the name and address of
an agent for service of orders entered under this
paragraph (18). Any change in status of the registered
agent must be reported to the Illinois Commerce
Commission within 30 days of such change.
(G) The Illinois Commerce Commission shall
maintain the list of registered agents for service for
each wireless telephone service provider on the
Commission's website. The Commission may consult with
wireless telephone service providers and the Circuit
Court Clerks on the manner in which this information

HB2770 - 122 - LRB103 26858 RLC 53222 b
is provided and displayed.
(c) Relevant factors; findings.
(1) In determining whether to grant a specific remedy,
other than payment of support, the court shall consider
relevant factors, including but not limited to the
following:
(i) the nature, frequency, severity, pattern and
consequences of the respondent's past abuse, neglect
or exploitation of the petitioner or any family or
household member, including the concealment of his or
her location in order to evade service of process or
notice, and the likelihood of danger of future abuse,
neglect, or exploitation to petitioner or any member
of petitioner's or respondent's family or household;
and
(ii) the danger that any minor child will be
abused or neglected or improperly relocated from the
jurisdiction, improperly concealed within the State or
improperly separated from the child's primary
caretaker.
(2) In comparing relative hardships resulting to the
parties from loss of possession of the family home, the
court shall consider relevant factors, including but not
limited to the following:
(i) availability, accessibility, cost, safety,
adequacy, location and other characteristics of

HB2770 - 123 - LRB103 26858 RLC 53222 b
alternate housing for each party and any minor child
or dependent adult in the party's care;
(ii) the effect on the party's employment; and
(iii) the effect on the relationship of the party,
and any minor child or dependent adult in the party's
care, to family, school, church and community.
(3) Subject to the exceptions set forth in paragraph
(4) of this subsection, the court shall make its findings
in an official record or in writing, and shall at a minimum
set forth the following:
(i) That the court has considered the applicable
relevant factors described in paragraphs (1) and (2)
of this subsection.
(ii) Whether the conduct or actions of respondent,
unless prohibited, will likely cause irreparable harm
or continued abuse.
(iii) Whether it is necessary to grant the
requested relief in order to protect petitioner or
other alleged abused persons.
(4) For purposes of issuing an ex parte emergency
order of protection, the court, as an alternative to or as
a supplement to making the findings described in
paragraphs (c)(3)(i) through (c)(3)(iii) of this
subsection, may use the following procedure:
When a verified petition for an emergency order of
protection in accordance with the requirements of Sections

HB2770 - 124 - LRB103 26858 RLC 53222 b
203 and 217 is presented to the court, the court shall
examine petitioner on oath or affirmation. An emergency
order of protection shall be issued by the court if it
appears from the contents of the petition and the
examination of petitioner that the averments are
sufficient to indicate abuse by respondent and to support
the granting of relief under the issuance of the emergency
order of protection.
(5) Never married parties. No rights or
responsibilities for a minor child born outside of
marriage attach to a putative father until a father and
child relationship has been established under the Illinois
Parentage Act of 1984, the Illinois Parentage Act of 2015,
the Illinois Public Aid Code, Section 12 of the Vital
Records Act, the Juvenile Court Act of 1987, the Probate
Act of 1975, the Revised Uniform Reciprocal Enforcement of
Support Act, the Uniform Interstate Family Support Act,
the Expedited Child Support Act of 1990, any judicial,
administrative, or other act of another state or
territory, any other Illinois statute, or by any foreign
nation establishing the father and child relationship, any
other proceeding substantially in conformity with the
Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 (Pub. L. 104-193), or where
both parties appeared in open court or at an
administrative hearing acknowledging under oath or

HB2770 - 125 - LRB103 26858 RLC 53222 b
admitting by affirmation the existence of a father and
child relationship. Absent such an adjudication, finding,
or acknowledgment, no putative father shall be granted
temporary allocation of parental responsibilities,
including parenting time with the minor child, or physical
care and possession of the minor child, nor shall an order
of payment for support of the minor child be entered.
(d) Balance of hardships; findings. If the court finds
that the balance of hardships does not support the granting of
a remedy governed by paragraph (2), (3), (10), (11), or (16) of
subsection (b) of this Section, which may require such
balancing, the court's findings shall so indicate and shall
include a finding as to whether granting the remedy will
result in hardship to respondent that would substantially
outweigh the hardship to petitioner from denial of the remedy.
The findings shall be an official record or in writing.
(e) Denial of remedies. Denial of any remedy shall not be
based, in whole or in part, on evidence that:
(1) Respondent has cause for any use of force, unless
that cause satisfies the standards for justifiable use of
force provided by Article 7 of the Criminal Code of 2012;
(2) Respondent was voluntarily intoxicated;
(3) Petitioner acted in self-defense or defense of
another, provided that, if petitioner utilized force, such
force was justifiable under Article 7 of the Criminal Code
of 2012;

HB2770 - 126 - LRB103 26858 RLC 53222 b
(4) Petitioner did not act in self-defense or defense
of another;
(5) Petitioner left the residence or household to
avoid further abuse, neglect, or exploitation by
respondent;
(6) Petitioner did not leave the residence or
household to avoid further abuse, neglect, or exploitation
by respondent;
(7) Conduct by any family or household member excused
the abuse, neglect, or exploitation by respondent, unless
that same conduct would have excused such abuse, neglect,
or exploitation if the parties had not been family or
household members.
(Source: P.A. 102-538, eff. 8-20-21.)
(750 ILCS 60/217) (from Ch. 40, par. 2312-17)
Sec. 217. Emergency order of protection.
(a) Prerequisites. An emergency order of protection shall
issue if petitioner satisfies the requirements of this
subsection for one or more of the requested remedies. For each
remedy requested, the petitioner shall establish that:
(1) The court has jurisdiction under Section 208;
(2) The requirements of Section 214 are satisfied; and
(3) There is good cause to grant the remedy,
regardless of prior service of process or of notice upon
the respondent, because:

HB2770 - 127 - LRB103 26858 RLC 53222 b
(i) For the remedies of "prohibition of abuse"
described in Section 214(b)(1), "stay away order and
additional prohibitions" described in Section
214(b)(3), "removal or concealment of minor child"
described in Section 214(b)(8), "order to appear"
described in Section 214(b)(9), "physical care and
possession of the minor child" described in Section
214(b)(5), "protection of property" described in
Section 214(b)(11), "prohibition of entry" described
in Section 214(b)(14), "prohibition of firearm
possession" described in Section 214(b)(14.6)
214(b)(14.5), "prohibition of access to records"
described in Section 214(b)(15), and "injunctive
relief" described in Section 214(b)(16), the harm
which that remedy is intended to prevent would be
likely to occur if the respondent were given any prior
notice, or greater notice than was actually given, of
the petitioner's efforts to obtain judicial relief;
(ii) For the remedy of "grant of exclusive
possession of residence" described in Section
214(b)(2), the immediate danger of further abuse of
the petitioner by the respondent, if the petitioner
chooses or had chosen to remain in the residence or
household while the respondent was given any prior
notice or greater notice than was actually given of
the petitioner's efforts to obtain judicial relief,

HB2770 - 128 - LRB103 26858 RLC 53222 b
outweighs the hardships to the respondent of an
emergency order granting the petitioner exclusive
possession of the residence or household. This remedy
shall not be denied because the petitioner has or
could obtain temporary shelter elsewhere while prior
notice is given to the respondent, unless the
hardships to respondent from exclusion from the home
substantially outweigh those to the petitioner;
(iii) For the remedy of "possession of personal
property" described in Section 214(b)(10), improper
disposition of the personal property would be likely
to occur if the respondent were given any prior
notice, or greater notice than was actually given, of
the petitioner's efforts to obtain judicial relief, or
the petitioner has an immediate and pressing need for
possession of that property.
An emergency order may not include the counseling, legal
custody, payment of support, or monetary compensation
remedies.
(a-5) When a petition for an emergency order of protection
is granted, the order and file shall not be public and shall
only be accessible to the court, the petitioner, law
enforcement, a domestic violence advocate or counselor, the
counsel of record for either party, and the State's Attorney
for the county until the order is served on the respondent.
(b) Appearance by respondent. If the respondent appears in

HB2770 - 129 - LRB103 26858 RLC 53222 b
court for this hearing for an emergency order, he or she may
elect to file a general appearance and testify. Any resulting
order may be an emergency order, governed by this Section.
Notwithstanding the requirements of this Section, if all
requirements of Section 218 have been met, the court may issue
a 30-day interim order.
(c) Emergency orders: court holidays and evenings.
(1) Prerequisites. When the court is unavailable at
the close of business, the petitioner may file a petition
for a 21-day emergency order before any available circuit
judge or associate judge who may grant relief under this
Act. If the judge finds that there is an immediate and
present danger of abuse to the petitioner and that the
petitioner has satisfied the prerequisites set forth in
subsection (a) of Section 217, that judge may issue an
emergency order of protection.
(1.5) Issuance of order. The chief judge of the
circuit court may designate for each county in the circuit
at least one judge to be reasonably available to issue
orally, by telephone, by facsimile, or otherwise, an
emergency order of protection at all times, whether or not
the court is in session.
(2) Certification and transfer. The judge who issued
the order under this Section shall promptly communicate or
convey the order to the sheriff to facilitate the entry of
the order into the Law Enforcement Agencies Data System by

HB2770 - 130 - LRB103 26858 RLC 53222 b
the Illinois State Police pursuant to Section 302. Any
order issued under this Section and any documentation in
support thereof shall be certified on the next court day
to the appropriate court. The clerk of that court shall
immediately assign a case number, file the petition, order
and other documents with the court, and enter the order of
record and file it with the sheriff for service, in
accordance with Section 222. Filing the petition shall
commence proceedings for further relief under Section 202.
Failure to comply with the requirements of this subsection
shall not affect the validity of the order.
(Source: P.A. 101-255, eff. 1-1-20; 102-538, eff. 8-20-21;
102-831, eff. 5-13-22; revised 7-29-22.)
(750 ILCS 60/223) (from Ch. 40, par. 2312-23)
Sec. 223. Enforcement of orders of protection.
(a) When violation is crime. A violation of any order of
protection, whether issued in a civil or criminal proceeding
or by a military tribunal, shall be enforced by a criminal
court when:
(1) The respondent commits the crime of violation of
an order of protection pursuant to Section 12-3.4 or 12-30
of the Criminal Code of 1961 or the Criminal Code of 2012,
by having knowingly violated:
(i) remedies described in paragraphs (1), (2),
(3), (14), or (14.5), or (14.6) of subsection (b) of

HB2770 - 131 - LRB103 26858 RLC 53222 b
Section 214 of this Act; or
(ii) a remedy, which is substantially similar to
the remedies authorized under paragraphs (1), (2),
(3), (14), and (14.5), and (14.6) of subsection (b) of
Section 214 of this Act, in a valid order of protection
which is authorized under the laws of another state,
tribe, or United States territory; or
(iii) any other remedy when the act constitutes a
crime against the protected parties as defined by the
Criminal Code of 1961 or the Criminal Code of 2012.
Prosecution for a violation of an order of protection
shall not bar concurrent prosecution for any other crime,
including any crime that may have been committed at the
time of the violation of the order of protection; or
(2) The respondent commits the crime of child
abduction pursuant to Section 10-5 of the Criminal Code of
1961 or the Criminal Code of 2012, by having knowingly
violated:
(i) remedies described in paragraphs (5), (6) or
(8) of subsection (b) of Section 214 of this Act; or
(ii) a remedy, which is substantially similar to
the remedies authorized under paragraphs (5), (6), or
(8) of subsection (b) of Section 214 of this Act, in a
valid order of protection which is authorized under
the laws of another state, tribe, or United States
territory.

HB2770 - 132 - LRB103 26858 RLC 53222 b
(b) When violation is contempt of court. A violation of
any valid Illinois order of protection, whether issued in a
civil or criminal proceeding or by a military tribunal, may be
enforced through civil or criminal contempt procedures, as
appropriate, by any court with jurisdiction, regardless where
the act or acts which violated the order of protection were
committed, to the extent consistent with the venue provisions
of this Act. Nothing in this Act shall preclude any Illinois
court from enforcing any valid order of protection issued in
another state. Illinois courts may enforce orders of
protection through both criminal prosecution and contempt
proceedings, unless the action which is second in time is
barred by collateral estoppel or the constitutional
prohibition against double jeopardy.
(1) In a contempt proceeding where the petition for a
rule to show cause sets forth facts evidencing an
immediate danger that the respondent will flee the
jurisdiction, conceal a child, or inflict physical abuse
on the petitioner or minor children or on dependent adults
in petitioner's care, the court may order the attachment
of the respondent without prior service of the rule to
show cause or the petition for a rule to show cause.
Conditions of release shall be set unless specifically
denied in writing.
(2) A petition for a rule to show cause for violation
of an order of protection shall be treated as an expedited

HB2770 - 133 - LRB103 26858 RLC 53222 b
proceeding.
(b-1) The court shall not hold a school district or
private or non-public school or any of its employees in civil
or criminal contempt unless the school district or private or
non-public school has been allowed to intervene.
(b-2) The court may hold the parents, guardian, or legal
custodian of a minor respondent in civil or criminal contempt
for a violation of any provision of any order entered under
this Act for conduct of the minor respondent in violation of
this Act if the parents, guardian, or legal custodian
directed, encouraged, or assisted the respondent minor in such
conduct.
(c) Violation of custody or support orders or temporary or
final judgments allocating parental responsibilities. A
violation of remedies described in paragraphs (5), (6), (8),
or (9) of subsection (b) of Section 214 of this Act may be
enforced by any remedy provided by Section 607.5 of the
Illinois Marriage and Dissolution of Marriage Act. The court
may enforce any order for support issued under paragraph (12)
of subsection (b) of Section 214 in the manner provided for
under Parts V and VII of the Illinois Marriage and Dissolution
of Marriage Act.
(d) Actual knowledge. An order of protection may be
enforced pursuant to this Section if the respondent violates
the order after the respondent has actual knowledge of its
contents as shown through one of the following means:

HB2770 - 134 - LRB103 26858 RLC 53222 b
(1) By service, delivery, or notice under Section 210.
(2) By notice under Section 210.1 or 211.
(3) By service of an order of protection under Section
222.
(4) By other means demonstrating actual knowledge of
the contents of the order.
(e) The enforcement of an order of protection in civil or
criminal court shall not be affected by either of the
following:
(1) The existence of a separate, correlative order,
entered under Section 215.
(2) Any finding or order entered in a conjoined
criminal proceeding.
(f) Circumstances. The court, when determining whether or
not a violation of an order of protection has occurred, shall
not require physical manifestations of abuse on the person of
the victim.
(g) Penalties.
(1) Except as provided in paragraph (3) of this
subsection, where the court finds the commission of a
crime or contempt of court under subsections (a) or (b) of
this Section, the penalty shall be the penalty that
generally applies in such criminal or contempt
proceedings, and may include one or more of the following:
incarceration, payment of restitution, a fine, payment of
attorneys' fees and costs, or community service.

HB2770 - 135 - LRB103 26858 RLC 53222 b
(2) The court shall hear and take into account
evidence of any factors in aggravation or mitigation
before deciding an appropriate penalty under paragraph (1)
of this subsection.
(3) To the extent permitted by law, the court is
encouraged to:
(i) increase the penalty for the knowing violation
of any order of protection over any penalty previously
imposed by any court for respondent's violation of any
order of protection or penal statute involving
petitioner as victim and respondent as defendant;
(ii) impose a minimum penalty of 24 hours
imprisonment for respondent's first violation of any
order of protection; and
(iii) impose a minimum penalty of 48 hours
imprisonment for respondent's second or subsequent
violation of an order of protection
unless the court explicitly finds that an increased
penalty or that period of imprisonment would be manifestly
unjust.
(4) In addition to any other penalties imposed for a
violation of an order of protection, a criminal court may
consider evidence of any violations of an order of
protection:
(i) to increase, revoke or modify the conditions
of pretrial release on an underlying criminal charge

HB2770 - 136 - LRB103 26858 RLC 53222 b
pursuant to Section 110-6 of the Code of Criminal
Procedure of 1963;
(ii) to revoke or modify an order of probation,
conditional discharge or supervision, pursuant to
Section 5-6-4 of the Unified Code of Corrections;
(iii) to revoke or modify a sentence of periodic
imprisonment, pursuant to Section 5-7-2 of the Unified
Code of Corrections.
(5) In addition to any other penalties, the court
shall impose an additional fine of $20 as authorized by
Section 5-9-1.11 of the Unified Code of Corrections upon
any person convicted of or placed on supervision for a
violation of an order of protection. The additional fine
shall be imposed for each violation of this Section.
(Source: P.A. 101-652, eff. 1-1-23; 102-890, eff. 5-19-22.)
Article 3.
Section 3-5. The Criminal Code of 2012 is amended by
changing Sections 24-2 and 24-4 and by adding Sections
24-0.05, 24-1.11, 24-1.12, 24-1.13, and 24-1.14 as follows:
(720 ILCS 5/24-0.05 new)
Sec. 24-0.05. Definitions. In this Article:
"Handgun ammunition" means ammunition principally for use
in pistols, revolvers, and other firearms capable of being

HB2770 - 137 - LRB103 26858 RLC 53222 b
concealed upon the person, notwithstanding that the ammunition
may also be used in some rifles.
"Manufacturer", "ammunition manufacturer", or "registered
handgun ammunition manufacturer" means any person that
manufactures handgun ammunition within this State or
manufactures handgun ammunition with the intent to distribute
that ammunition for purposes, within this State, of sale,
loan, or transfer.
"Pistol", "revolver", and "firearm capable of being
concealed upon the person" applies to and includes any device
designed to be used as a weapon, from which is expelled a
projectile by the force of any explosion, or other form of
combustion, and that has a barrel less than 16 inches in
length. These terms also include any device that has a barrel
16 inches or more in length which is designed to be
interchanged with a barrel less than 16 inches in length.
"Public place" means an area open to the public and
includes, but is not limited to, streets, sidewalks, bridges,
alleys, plazas, parks, driveways, front yards, parking lots,
including motor vehicles in these areas, whether moving or
not, and buildings open to the general public, including those
that serve food or drink, or provide entertainment, and the
doorways and entrances to buildings or dwellings.
"Retail mercantile establishment" has the meaning ascribed
to it in Section 16-0.1 of this Code.
"Serialized" means:

HB2770 - 138 - LRB103 26858 RLC 53222 b
(1) the handgun ammunition has been identified in a
manner prescribed by the Illinois State Police so that all
assembled handgun ammunition contained within a package
provided for retail sale, or as otherwise specified by the
Illinois State Police, is uniquely identified;
(2) bullets used for reloading or handloading
contained within a package provided for retail sale, or as
otherwise specified by the Illinois State Police, are
uniquely identified;
(3) identification of the manufacturer of the items
described in subdivisions (1) and (2) of this definition;
(4) identification on the exterior of the items
described in subdivisions (1) and (2) of this definition
in a manner that permits visual inspection for the purpose
of determining if the assembled handgun ammunition or
bullet is serialized;
(5) identification on the exterior of the items
described in subdivisions (1) and (2) of this definition
in a manner that is maintained subsequent to the discharge
of the handgun ammunition and subsequent to the impact of
the bullet, based on standards prescribed by the Illinois
State Police; and
(6) identification on the exterior of every package or
container of serialized handgun ammunition, as prescribed
by the Illinois State Police, with the same unique
identifiers used on the assembled handgun ammunition or

HB2770 - 139 - LRB103 26858 RLC 53222 b
bullets contained within the packaging or container. A
package or container shall not be labeled with the same
unique identifiers as any other package or container by
the same manufacturer.
"Serialized handgun ammunition" means any of the
following, which are subject to serialization under this
Article:
(1) handgun ammunition;
(2) .22 caliber rimfire ammunition;
(3) assembled handgun ammunition packaged for retail
sale; or
(4) bullets used for reloading or handloading handgun
ammunition that are packaged for retail sale.
"Serialized handgun ammunition" does not include blank
cartridges, shot-shells, or projectiles used in black powder
handguns.
(720 ILCS 5/24-1.11 new)
Sec. 24-1.11. Serialization of handgun ammunition.
(a) The Illinois State Police shall enforce the
requirements of the handgun serialization program and other
provisions of Sections 24-1.11 through 24-1.14 of this Code.
The Illinois State Police may prescribe the manner in which
handgun ammunition is serialized in order to comply with
Section 24-1.12 of this Code, including, but not limited to,
determining how handgun ammunition that is loose, packaged, in

HB2770 - 140 - LRB103 26858 RLC 53222 b
lots, series, or otherwise aggregated for purposes of
manufacture or sale shall be serialized with a unique
identifier, under Section 24-1.12. The Illinois State Police
shall adopt rules implementing this Section no later than
January 1, 2024.
(b) The Illinois State Police may:
(1) adopt rules relating to the assessment and
collection of end-user fees in an amount not to exceed
$0.005 per round of handgun ammunition or per bullet, in
which the accumulated fee amount may not exceed the cost
to pay for the infrastructure, implementation,
operational, enforcement, and future development costs of
Sections 24-1.11 through 24-1.14;
(2) adopt rules relating to the implementation and
furtherance of a retail handgun ammunition vendor's
registry and the assessment and collection of fees
associated with the registration program in an amount not
to exceed $50 per year per retail location, adjusted
annually for inflation based upon the Consumer Price Index
for the North Central Region as published by the United
States Department of Labor, Bureau of Labor Statistics for
the immediately preceding calendar year, in which the
accumulated fee amount may not exceed the cost to pay for
the infrastructure, implementation, operational,
enforcement, and future development costs of Sections
24-1.11 through 24-1.14; or

HB2770 - 141 - LRB103 26858 RLC 53222 b
(3) adopt or amend rules relating to this Section in
an effort to incorporate new technologies as they become
available.
(720 ILCS 5/24-1.12 new)
Sec. 24-1.12. Unlawful manufacture, sale, or transfer of
non-serialized handgun ammunition; unlawful possession of
non-serialized handgun ammunition; penalties.
(a) Beginning January 1, 2024, and except as provided in
subsection (g-15) of Section 24-2, a person commits unlawful
manufacture, sale, or transfer of non-serialized handgun
ammunition when he or she knowingly manufactures, causes to be
manufactured, imports into this State for sale or personal
use, keeps for sale, offers or exposes for sale, or gives or
lends any handgun ammunition that is not serialized. A
violation of this subsection (a) is a Class A misdemeanor.
(b) Beginning January 1, 2024, and except as provided in
subsection (g-15) of Section 24-2, a person commits unlawful
possession of non-serialized handgun ammunition when he or she
knowingly possesses in any public place any handgun ammunition
that is not serialized. A violation of this subsection is a
Class C misdemeanor.
(c) Beginning January 1, 2024, and except as provided in
subsection (g-15) of Section 24-2, a person commits unlawful
possession of non-serialized handgun ammunition when he or she
knowingly possesses non-serialized ammunition for a rifle

HB2770 - 142 - LRB103 26858 RLC 53222 b
having one or more barrels less than 16 inches in length or a
shotgun having one or more barrels less than 18 inches in
length or any weapon made from a rifle or shotgun, whether by
alteration, modification, or otherwise, if the weapon as
modified has an overall length of less than 26 inches. A
violation of this subsection is a Class C misdemeanor.
(d) For purposes of Sections 24-1.11 through 24-1.14, the
possession of each round of non-serialized handgun ammunition
or bullets constitutes a separate and distinct offense.
(720 ILCS 5/24-1.13 new)
Sec. 24-1.13. Unlawful retail sale of handgun ammunition.
(a)(1) Beginning January 1, 2024, a person commits
unlawful retail sale of handgun ammunition if he or she
knowingly engages in the retail sale of handgun ammunition and
sells, leases, or transfers serialized handgun ammunition
without being a registered handgun ammunition vendor as
described in paragraph (2) of this subsection (a). A violation
of this paragraph (1) is a Class A misdemeanor.
(2) As used in this Section, "vendor", "ammunition
vendor", or "registered handgun ammunition vendor" means any
person who is engaged in the retail sale of handgun ammunition
and has all of the following:
(A) any regulatory or business license, or licenses,
required by a unit of local government;
(B) a valid Retailers Occupation Tax Registration

HB2770 - 143 - LRB103 26858 RLC 53222 b
Number issued by the Department of Revenue; and
(C) is recorded in the centralized handgun ammunition
vendor's registry specified in subsection (b) of this
Section.
(b) The Illinois State Police shall maintain a centralized
registry of all persons under subparagraphs (A) through (C),
inclusive, of paragraph (2) of subsection (a) of this Section.
The Illinois State Police may remove from this registry any
person who violates this Article. Upon removal of a vendor
from this registry, notification shall be provided to local
law enforcement and licensing authorities in the jurisdiction
where the vendor's business is located.
(c) The Illinois State Police may inspect handgun
ammunition vendors to ensure compliance with this Article.
Nothing in this Section prohibits any unit of local government
from adopting one or more ordinances relating to the
inspection of handgun ammunition vendors.
(d) Any vendor, agent, or employee of the vendor who sells
or otherwise transfers ownership of any serialized handgun
ammunition shall record the following information in a format
prescribed by the Illinois State Police:
(1) the date of the transaction;
(2) the name of the transferee;
(3) the transferee's driver's license number or other
government issued identification card number and the
governmental agency that issued the identification;

HB2770 - 144 - LRB103 26858 RLC 53222 b
(4) in order to validate a transferee's age and ensure
compliance with paragraphs (a) and (b) of subsection (A)
of Section 24-3, the date of birth of the transferee;
(5) the unique identifier, as described in Section
24-0.05, of all serialized handgun ammunition or bullets
transferred; and
(6) all other information prescribed by the Illinois
State Police.
(e) On the date the vendor delivers the handgun ammunition
to the transferee, he or she shall report the information
required in subsection (d) to the Illinois State Police in a
manner prescribed by the Illinois State Police. A copy of the
records required by this Section shall be maintained on the
premises of the vendor for a period of not less than 3 years
from the date of the recorded transfer. The records shall be
subject to inspection at any time during normal business hours
by any peace officer, or by any authorized employee of the
Illinois State Police, if the inspection relates to an
investigation in which access to those records is or may be
relevant to that investigation, is seeking information about
persons prohibited from owning a firearm or handgun
ammunition, or is engaged in ensuring compliance with this
Article, the Firearm Owners Identification Card Act, the
Firearm Concealed Carry Act, or any other laws pertaining to
firearms.
(f) Any vendor or employee or agent of a vendor who

HB2770 - 145 - LRB103 26858 RLC 53222 b
knowingly fails to comply with, or falsifies the records
required to be kept by subsection (e) is guilty of a Class A
misdemeanor.
(g) Proof that a vendor or his or her agent or employee
demanded, was shown, and acted in reliance upon, bona fide
evidence of identity shall be a defense to any criminal
prosecution under this Section if reliance upon the proof of
identity was reasonable.
(h) Any person who presents false identification to a
vendor with the intent to avoid the recording requirements of
this Section is guilty of a Class A misdemeanor.
(i) Any vendor who refuses to permit a person authorized
under subsection (e) to examine any record prepared in
accordance with this Section during any inspection conducted
under this Section is guilty of a Class A misdemeanor.
(j) Persons engaged in the noncommercial reloading of
ammunition may adopt voluntary personal serialization
protocols.
(720 ILCS 5/24-1.14 new)
Sec. 24-1.14. Unlawful commercial manufacture of
serialized handgun ammunition.
(a) Beginning January 1, 2024, a person commits unlawful
commercial manufacture of serialized handgun ammunition when
he or she knowingly engages in the commercial manufacture of
serialized handgun ammunition and sells, loans, or transfers

HB2770 - 146 - LRB103 26858 RLC 53222 b
serialized handgun ammunition within this State, without being
a registered handgun ammunition manufacturer. A violation of
this subsection (a) is a Class A misdemeanor.
(b) Manufacturers shall:
(1) register with the Illinois State Police in a
manner prescribed by the Illinois State Police;
(2) maintain records on the business premises for a
period of 7 years concerning all sales, loans, and
transfers of handgun ammunition, to, from, or within this
State; and
(3) comply with all other rules concerning handgun
ammunition manufacture and sale adopted by the Illinois
State Police.
(c) Any manufacturer who knowingly fails to comply with
the provisions of this Section is liable for a civil fine
payable to the Illinois State Police of not more than $1,000
for a first violation, not more than $5,000 for a second
violation, and not more than $10,000 for a third and
subsequent violation. A civil action to enforce this Section
may be brought by a municipal attorney, State's Attorney, or
the Attorney General. This subsection (c) does not preclude
any other remedy available under State law.
(d) The Illinois State Police may inspect handgun
ammunition manufacturers to ensure compliance with this
Section.

HB2770 - 147 - LRB103 26858 RLC 53222 b
(720 ILCS 5/24-2)
Sec. 24-2. Exemptions.
(a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and
24-1(a)(13) and Section 24-1.6 do not apply to or affect any of
the following:
(1) Peace officers, and any person summoned by a peace
officer to assist in making arrests or preserving the
peace, while actually engaged in assisting such officer.
(2) Wardens, superintendents and keepers of prisons,
penitentiaries, jails and other institutions for the
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

HB2770 - 148 - LRB103 26858 RLC 53222 b
employed by a private security contractor, private
detective, or private alarm contractor agency licensed by
the Department of Financial and Professional Regulation,
if their duties include the carrying of a weapon under the
provisions of the Private Detective, Private Alarm,
Private Security, Fingerprint Vendor, and Locksmith Act of
2004, while actually engaged in the performance of the
duties of their employment or commuting between their
homes and places of employment. A person shall be
considered eligible for this exemption if he or she has
completed the required 20 hours of training for a private
security contractor, private detective, or private alarm
contractor, or employee of a licensed private security
contractor, private detective, or private alarm contractor
agency and 28 hours of required firearm training, and has
been issued a firearm control card by the Department of
Financial and Professional Regulation. Conditions for the
renewal of firearm control cards issued under the
provisions of this Section shall be the same as for those
cards issued under the provisions of the Private
Detective, Private Alarm, Private Security, Fingerprint
Vendor, and Locksmith Act of 2004. The firearm control
card shall be carried by the private security contractor,
private detective, or private alarm contractor, or
employee of the licensed private security contractor,
private detective, or private alarm contractor agency at

HB2770 - 149 - LRB103 26858 RLC 53222 b
all times when he or she is in possession of a concealable
weapon permitted by his or her firearm control card.
(6) Any person regularly employed in a commercial or
industrial operation as a security guard for the
protection of persons employed and private property
related to such commercial or industrial operation, while
actually engaged in the performance of his or her duty or
traveling between sites or properties belonging to the
employer, and who, as a security guard, is a member of a
security force registered with the Department of Financial
and Professional Regulation; provided that such security
guard has successfully completed a course of study,
approved by and supervised by the Department of Financial
and Professional Regulation, consisting of not less than
48 hours of training that includes the theory of law
enforcement, liability for acts, and the handling of
weapons. A person shall be considered eligible for this
exemption if he or she has completed the required 20 hours
of training for a security officer and 28 hours of
required firearm training, and has been issued a firearm
control card by the Department of Financial and
Professional Regulation. Conditions for the renewal of
firearm control cards issued under the provisions of this
Section shall be the same as for those cards issued under
the provisions of the Private Detective, Private Alarm,
Private Security, Fingerprint Vendor, and Locksmith Act of

HB2770 - 150 - LRB103 26858 RLC 53222 b
2004. The firearm control card shall be carried by the
security guard at all times when he or she is in possession
of a concealable weapon permitted by his or her firearm
control card.
(7) Agents and investigators of the Illinois
Legislative Investigating Commission authorized by the
Commission to carry the weapons specified in subsections
24-1(a)(3) and 24-1(a)(4), while on duty in the course of
any investigation for the Commission.
(8) Persons employed by a financial institution as a
security guard for the protection of other employees and
property related to such financial institution, while
actually engaged in the performance of their duties,
commuting between their homes and places of employment, or
traveling between sites or properties owned or operated by
such financial institution, and who, as a security guard,
is a member of a security force registered with the
Department; provided that any person so employed has
successfully completed a course of study, approved by and
supervised by the Department of Financial and Professional
Regulation, consisting of not less than 48 hours of
training which includes theory of law enforcement,
liability for acts, and the handling of weapons. A person
shall be considered to be eligible for this exemption if
he or she has completed the required 20 hours of training
for a security officer and 28 hours of required firearm

HB2770 - 151 - LRB103 26858 RLC 53222 b
training, and has been issued a firearm control card by
the Department of Financial and Professional Regulation.
Conditions for renewal of firearm control cards issued
under the provisions of this Section shall be the same as
for those issued under the provisions of the Private
Detective, Private Alarm, Private Security, Fingerprint
Vendor, and Locksmith Act of 2004. The firearm control
card shall be carried by the security guard at all times
when he or she is in possession of a concealable weapon
permitted by his or her firearm control card. For purposes
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.

HB2770 - 152 - LRB103 26858 RLC 53222 b
(12.5) Probation officers while in the performance of
their duties, or while commuting between their homes,
places of employment or specific locations that are part
of their assigned duties, with the consent of the chief
judge of the circuit for which they are employed, if they
have received weapons training according to requirements
of the Peace Officer and Probation Officer Firearm
Training Act.
(13) Court Security Officers while in the performance
of their official duties, or while commuting between their
homes and places of employment, with the consent of the
Sheriff.
(13.5) A person employed as an armed security guard at
a nuclear energy, storage, weapons or development site or
facility regulated by the Nuclear Regulatory Commission
who has completed the background screening and training
mandated by the rules and regulations of the Nuclear
Regulatory Commission.
(14) Manufacture, transportation, or sale of weapons
to persons authorized under subdivisions (1) through
(13.5) of this subsection to possess those weapons.
(a-5) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply
to or affect any person carrying a concealed pistol, revolver,
or handgun and the person has been issued a currently valid
license under the Firearm Concealed Carry Act at the time of
the commission of the offense.

HB2770 - 153 - LRB103 26858 RLC 53222 b
(a-6) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply
to or affect a qualified current or retired law enforcement
officer or a current or retired deputy, county correctional
officer, or correctional officer of the Department of
Corrections qualified under the laws of this State or under
the federal Law Enforcement Officers Safety Act.
(b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
24-1.6 do not apply to or affect any of the following:
(1) Members of any club or organization organized for
the purpose of practicing shooting at targets upon
established target ranges, whether public or private, and
patrons of such ranges, while such members or patrons are
using their firearms on those target ranges.
(2) Duly authorized military or civil organizations
while parading, with the special permission of the
Governor.
(3) Hunters, trappers, or fishermen while engaged in
lawful hunting, trapping, or fishing under the provisions
of the Wildlife Code or the Fish and Aquatic Life Code.
(4) Transportation of weapons that are broken down in
a non-functioning state or are not immediately accessible.
(5) Carrying or possessing any pistol, revolver, stun
gun or taser or other firearm on the land or in the legal
dwelling of another person as an invitee with that
person's permission.
(c) Subsection 24-1(a)(7) does not apply to or affect any

HB2770 - 154 - LRB103 26858 RLC 53222 b
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,
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

HB2770 - 155 - LRB103 26858 RLC 53222 b
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
incident to fulfilling the terms of such contract.
(7) A person possessing a rifle with a barrel or
barrels less than 16 inches in length if: (A) the person
has been issued a Curios and Relics license from the U.S.

HB2770 - 156 - LRB103 26858 RLC 53222 b
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.
(d) Subsection 24-1(a)(1) does not apply to the purchase,
possession or carrying of a black-jack or slung-shot by a
peace officer.
(e) Subsection 24-1(a)(8) does not apply to any owner,
manager or authorized employee of any place specified in that
subsection nor to any law enforcement officer.
(f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and
Section 24-1.6 do not apply to members of any club or
organization organized for the purpose of practicing shooting
at targets upon established target ranges, whether public or
private, while using their firearms on those target ranges.
(g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply
to:
(1) Members of the Armed Services or Reserve Forces of
the United States or the Illinois National Guard, while in
the performance of their official duty.
(2) Bonafide collectors of antique or surplus military

HB2770 - 157 - LRB103 26858 RLC 53222 b
ordnance.
(3) Laboratories having a department of forensic
ballistics, or specializing in the development of
ammunition or explosive ordnance.
(4) Commerce, preparation, assembly or possession of
explosive bullets by manufacturers of ammunition licensed
by the federal government, in connection with the supply
of those organizations and persons exempted by subdivision
(g)(1) of this Section, or like organizations and persons
outside this State, or the transportation of explosive
bullets to any organization or person exempted in this
Section by a common carrier or by a vehicle owned or leased
by an exempted manufacturer.
(g-5) Subsection 24-1(a)(6) does not apply to or affect
persons licensed under federal law to manufacture any device
or attachment of any kind designed, used, or intended for use
in silencing the report of any firearm, firearms, or
ammunition for those firearms equipped with those devices, and
actually engaged in the business of manufacturing those
devices, firearms, or ammunition, but only with respect to
activities that are within the lawful scope of that business,
such as the manufacture, transportation, or testing of those
devices, firearms, or ammunition. This exemption does not
authorize the general private possession of any device or
attachment of any kind designed, used, or intended for use in
silencing the report of any firearm, but only such possession

HB2770 - 158 - LRB103 26858 RLC 53222 b
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
maintained by lawfully recognized units of government whose
duties include the investigation of criminal acts.
(g-10) (Blank).
(g-15) Subsections 24-1.12(a) and 24-1.12(b) do not apply
to or affect any of the following:
(1) Possession, for purposes of investigation or
disposition of any non-serialized handgun ammunition, by a
forensic laboratory or any authorized agent or employee of
that laboratory in the course and scope of his or her
authorized activities.
(2) Possession, for purposes of investigation,

HB2770 - 159 - LRB103 26858 RLC 53222 b
evidence, or disposition, of any non-serialized handgun
ammunition by any State or unit of local government agency
charged with law enforcement or by the Illinois State
Police or by any authorized agent or employee of the
agency, within the course and scope of his or her official
duties.
(3) Possession, for purposes of disposal, or the
disposal, of non-serialized handgun ammunition by an
executor or administrator of an estate if all of the
following are met:
(A) the non-serialized handgun ammunition was
lawfully possessed, included within the estate, and
the executor or administrator possesses or disposes of
the non-serialized handgun ammunition in a manner
consistent with this Article.
(B) the disposition is to a person or entity that
may possess the non-serialized handgun ammunition in a
manner consistent with this Article and possession is
otherwise lawful; and
(C) the disposition transfers the non-serialized
handgun ammunition out of this State or to a law
enforcement agency for disposition.
(4) Possession of non-serialized handgun ammunition
for purposes of transporting it to a law enforcement
agency for disposition, if possession is otherwise lawful,
and if the law enforcement agency has been notified prior

HB2770 - 160 - LRB103 26858 RLC 53222 b
to delivery of the handgun ammunition.
(5) Possession of non-serialized handgun ammunition by
peace officers from other states during the discharge of
their official duties in this State.
(6) Possession of non-serialized handgun ammunition by
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 duties.
(7) Possession or exhibition of non-serialized handgun
ammunition by a museum or collector, in a fixed or mobile
exhibit or for educational purposes.
(8) Transportation of non-serialized handgun
ammunition by those permitted to be in possession of that
ammunition and firearms for that ammunition from their
residence to public and private shooting events and ranges
for a period of 10 years after the effective date of this
amendatory act of the 103rd General Assembly.
(9) Transfer of non-serialized handgun ammunition from
a retail mercantile establishment in this state to another
retail mercantile establishment outside this State.
(10) Possession of non-serialized handgun ammunition
inventory by a retail mercantile establishment
manufactured before January 1, 2024 and possessed by the
retail mercantile establishment until that inventory is
sold or exhausted in compliance with this Article.

HB2770 - 161 - LRB103 26858 RLC 53222 b
(11) Possession of non-serialized handgun ammunition
by a person issued a concealed carry license by the
Illinois State Police under the Firearm Concealed Carry
Act or issued a Firearm Owner's Identification Card by the
Illinois State Police under the Firearm Owners
Identification Card Act on his or her person, in a
firearm, or in a vehicle for 15 years after the effective
date of this amendatory Act of the 103rd General Assembly.
(12) Possession of non-serialized handgun ammunition
by persons engaged in the development of new calibers, new
rifles, new handguns, and ammunition that is used in those
rifles and handguns or modifications to existing rifles or
handguns. Possession of non-serialized handgun ammunition
under this paragraph (12) must be in compliance with this
Article, the number of rounds must not exceed 15,000, must
be used solely for development purposes, and must be
transported with the firearms for which they are used.
(13) Possession of non-serialized handgun ammunition
by persons engaged in the non-commercial reloading of
ammunition.
(14) Possession and storage of non-serialized handgun
ammunition in the owner's dwelling, farm, or farm
outbuilding, or while at a public or private firearm
range.
(15) Possession of non-serialized handgun ammunition
by persons involved in the protection of dignitaries from

HB2770 - 162 - LRB103 26858 RLC 53222 b
domestic or foreign governments under the direction and
authorization of the Illinois State Police, which may
charge a fee for use of that ammunition which shall not
exceed the cost of that ammunition to the Illinois State
Police.
(16) Ammunition used in black powder firearms
regardless of the date of manufacture of the firearms.
(17) Projectiles that are determined by the Illinois
State Police to be less than lethal that may be fired from
devices that are in possession of persons lawfully able to
possess those devices.
(g-16) The Illinois State Police shall annually review the
exemptions contained in subsection (g-15) of this Section and
make recommendations to the Governor and General Assembly for
changes in exemptions permitted by subsection (g-15).
(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;

HB2770 - 163 - LRB103 26858 RLC 53222 b
and nothing in this Article shall prohibit, apply to, or
affect the transportation, carrying, or possession of any
pistol, revolver, stun gun, taser, or other firearm, not the
subject of and regulated by subsection 24-1(a)(7) or
subsection 24-2(c) of this Article, which is unloaded and
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. 101-80, eff. 7-12-19; 102-152, eff. 1-1-22;
102-779, eff. 1-1-23; 102-837, eff. 5-13-22; revised
12-14-22.)
(720 ILCS 5/24-4) (from Ch. 38, par. 24-4)
Sec. 24-4. Register of sales by dealer.
(a) Any seller of firearms of a size which may be concealed
upon the person, other than a manufacturer selling to a bona
fide wholesaler or retailer or a wholesaler selling to a bona
fide retailer, shall keep a register of all firearms sold or
given away.
(b) Such register shall contain the date of the sale or
gift, the name, address, age and occupation of the person to
whom the weapon is sold or given, the price of the weapon, the
kind, description and number of the weapon, and the purpose
for which it is purchased and obtained.
(c) Such seller on demand of a peace officer shall produce
for inspection the register and allow such peace officer to

HB2770 - 164 - LRB103 26858 RLC 53222 b
inspect such register and all stock on hand.
(c-5) Beginning January 1, 2024, the Illinois State Police
shall maintain a centralized registry of all reports of
handgun ammunition transactions reported to the Illinois State
Police under Section 24-1.13, in a manner prescribed by the
Illinois State Police. Information in the registry, upon
proper application for that information, shall be furnished to
the officers listed in Section 24-1.13, or to the person
listed in the registry as the owner of the particular handgun
ammunition.
(d) Sentence.
Violation of this Section is a Class B misdemeanor.
(Source: P.A. 77-2638.)
Article 99.
Section 99-95. No acceleration or delay. Where this Act
makes changes in a statute that is represented in this Act by
text that is not yet or no longer in effect (for example, a
Section 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 99-97. Severability. The provisions of this Act
are severable under Section 1.31 of the Statute on Statutes.

HB2770 - 165 - LRB103 26858 RLC 53222 b
Section 99-99. Effective date. This Act takes effect upon
becoming law.
HB2770 - 166 - LRB103 26858 RLC 53222 b
INDEX
Statutes amended in order of appearance
New Act
5 ILCS 100/5-45.38 new
30 ILCS 105/5.990 new
30 ILCS 105/5.991 new
105 ILCS 5/10-20.82 new
105 ILCS 5/34-18.77 new
110 ILCS 330/15 new
210 ILCS 85/6.34 new
405 ILCS 5/6-103.3
405 ILCS 80/7-5 new
430 ILCS 65/3 from Ch. 38, par. 83-3
430 ILCS 65/3.4 new
430 ILCS 65/8.1 from Ch. 38, par. 83-8.1
430 ILCS 67/5
430 ILCS 67/10
430 ILCS 67/40
430 ILCS 67/58 new
430 ILCS 67/63 new
720 ILCS 5/24-1 from Ch. 38, par. 24-1
720 ILCS 5/24-3 from Ch. 38, par. 24-3
720 ILCS 5/24-3.5
725 ILCS 5/112A-14 from Ch. 38, par. 112A-14
750 ILCS 60/214 from Ch. 40, par. 2312-14
HB2770 - 167 - LRB103 26858 RLC 53222 b