Bill Text: IL HB5888 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Firearm Owners Identification Card Act. Provides that the Internet-based system for determining the validity of a Firearm Owner's Identification Card shall include a written notice, in both English and Spanish, of a firearm owner's obligation to report to local law enforcement any lost or stolen firearm within 48 hours after the owner first discovers the loss or theft. Provides that upon the issuance and each renewal of a Firearm Owner's Identification Card, the Illinois State Police shall advise the applicant or holder in writing, in both English and Spanish, of his or her obligation to report to local law enforcement any lost or stolen firearm within 48 hours after he or she first discovers the loss or theft. Provides that a person is deemed to have discovered that a firearm was lost or stolen only when the person has received evidence indicating that a loss or theft has occurred. Amends the Criminal Code of 2012. Provides that if a person who possesses a valid Firearm Owner's Identification Card and who possesses or acquires a firearm thereafter loses the firearm, or if the firearm is stolen from the person, the person must report the loss or theft of any such firearm to the local law enforcement agency within 48 (rather than 72) hours after obtaining knowledge of the loss or theft. Provides that for a second or subsequent offense of failure to report the loss or theft of a firearm to the local law enforcement agency within 48 hours of the discovery of such loss or theft shall result in revocation of the person's Firearm Owner's Identification Card. Changes the elements of the offenses of firearms trafficking, possession of a stolen firearm, and aggravated possession of a stolen firearm. Amends the Firearm Concealed Carry Act and the Firearm Dealer License Certification Act to make conforming changes. Contains a severability provision.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-10-09 - Filed with the Clerk by Rep. Kevin John Olickal [HB5888 Detail]

Download: Illinois-2023-HB5888-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5888 Introduced , by Rep. Kevin John Olickal SYNOPSIS AS INTRODUCED:
See Index
Amends the Firearm Owners Identification Card Act. Provides that the Internet-based system for determining the validity of a Firearm Owner's Identification Card shall include a written notice, in both English and Spanish, of a firearm owner's obligation to report to local law enforcement any lost or stolen firearm within 48 hours after the owner first discovers the loss or theft. Provides that upon the issuance and each renewal of a Firearm Owner's Identification Card, the Illinois State Police shall advise the applicant or holder in writing, in both English and Spanish, of his or her obligation to report to local law enforcement any lost or stolen firearm within 48 hours after he or she first discovers the loss or theft. Provides that a person is deemed to have discovered that a firearm was lost or stolen only when the person has received evidence indicating that a loss or theft has occurred. Amends the Criminal Code of 2012. Provides that if a person who possesses a valid Firearm Owner's Identification Card and who possesses or acquires a firearm thereafter loses the firearm, or if the firearm is stolen from the person, the person must report the loss or theft of any such firearm to the local law enforcement agency within 48 (rather than 72) hours after obtaining knowledge of the loss or theft. Provides that for a second or subsequent offense of failure to report the loss or theft of a firearm to the local law enforcement agency within 48 hours of the discovery of such loss or theft shall result in revocation of the person's Firearm Owner's Identification Card. Changes the elements of the offenses of firearms trafficking, possession of a stolen firearm, and aggravated possession of a stolen firearm. Amends the Firearm Concealed Carry Act and the Firearm Dealer License Certification Act to make conforming changes. Contains a severability provision.
LRB103 42774 RLC 76016 b
A BILL FOR
HB5888 LRB103 42774 RLC 76016 b
AN ACT concerning safety.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Firearm Owners Identification Card Act is
amended by changing Sections 3, 3.1, 8, and 8.1 and by adding
Section 7.10 as follows:
(430 ILCS 65/3) (from Ch. 38, par. 83-3)
Sec. 3. (a) Except as provided in Section 3a, no person may
knowingly transfer, or cause to be transferred, any firearm,
firearm ammunition, stun gun, or taser to any person within
this State unless the transferee with whom he deals displays
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
and beginning on the effective date of this amendatory Act of
the 103rd General Assembly, the federally licensed firearm
dealers shall check the Illinois State Police Internet-based
system upon which the serial numbers of firearms that have

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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 subsection
(a-25) of this Section. New firearms shipped directly from the
manufacturer are exempt from this provision.
(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
conduct a background check on the prospective recipient of the
firearm in accordance with Section 3.1 and beginning on the
effective date of this amendatory Act of the 103rd General
Assembly, the Illinois State Police shall check the Illinois
State Police 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 subsection {a-25} of this Section. New
firearms shipped directly from the manufacturer are exempt
from this provision.
(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)

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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
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

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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
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

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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
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. The
Internet-based system shall include a written notice, in both
English and Spanish, of a firearm owner's obligation to report
to local law enforcement any lost or stolen firearm within 48
hours after the owner first discovers the loss or theft.
(a-25) On or before January 1, 2022, the Illinois State

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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. On the effective date of this amendatory Act of the
103rd General Assembly, the Illinois State Police shall make
the Internet-based system created under this subsection
accessible to federally licensed firearms dealers to verify
that the make, model, and serial numbers of firearms that are
being bought, sold, or transferred by the dealers have not
been reported stolen and shall also provide a receipt or
approval number to a transferor or federally licensed firearms
dealer as verification that the firearm being transferred did
not appear on the stolen firearm database.
(a-30) The Illinois State Police shall establish an
electronic mechanism by which law enforcement shall report
individuals who have failed to report the loss or theft of a
firearm pursuant to Section 24-4.1 of the Criminal Code of
2012.
(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

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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
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

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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
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

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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.
(c) The provisions of this Section regarding the transfer
of firearm ammunition shall not apply to those persons
specified in paragraph (b) of Section 2 of this Act.
(Source: P.A. 102-237, eff. 1-1-24; 102-538, eff. 8-20-21;
102-813, eff. 5-13-22; 102-1116, eff. 1-10-23.)
(430 ILCS 65/3.1) (from Ch. 38, par. 83-3.1)
Sec. 3.1. Firearm Transfer Inquiry Program.
(a) The Illinois State Police shall provide a dial up
telephone system or utilize other existing technology which
shall be used by any federally licensed firearm dealer, gun
show promoter, or gun show vendor who is to transfer a firearm,
stun gun, or taser under the provisions of this Act. The
Illinois State Police may utilize existing technology which
allows the caller to be charged a fee not to exceed $2. Fees
collected by the Illinois State Police shall be deposited in

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the State Police Firearm Services Fund and used to provide the
service. Beginning on the effective date of this amendatory
Act of the 103rd General Assembly, a federally licensed
firearm dealer, gun show promoter, and gun show vendor shall
additionally check the Illinois State Police Internet-based
system upon which the serial numbers of firearms that have
been reported stolen are available for public access to ensure
any firearms are not reported stolen prior to the sale or
transfer of a firearm under subsection (a-25) of Section 3 of
this Act. New firearms shipped directly from the manufacturer
are exempt from this provision.
(b) Upon receiving a request from a federally licensed
firearm dealer, gun show promoter, or gun show vendor, the
Illinois State Police shall immediately approve or, within the
time period established by Section 24-3 of the Criminal Code
of 2012 regarding the delivery of firearms, stun guns, and
tasers, notify the inquiring dealer, gun show promoter, or gun
show vendor of any objection that would disqualify the
transferee from acquiring or possessing a firearm, stun gun,
or taser. In conducting the inquiry, the Illinois State Police
shall initiate and complete an automated search of its
criminal history record information files and those of the
Federal Bureau of Investigation, including the National
Instant Criminal Background Check System, and of the files of
the Department of Human Services relating to mental health and
developmental disabilities to obtain any felony conviction or

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patient hospitalization information which would disqualify a
person from obtaining or require revocation of a currently
valid Firearm Owner's Identification Card.
(b-5) By January 1, 2023, the Illinois State Police shall
by rule provide a process for the automatic renewal of the
Firearm Owner's Identification Card of a person at the time of
an inquiry in subsection (b). Persons eligible for this
process must have a set of fingerprints on file with their
applications under either subsection (a-25) of Section 4 or
the Firearm Concealed Carry Act.
(c) If receipt of a firearm would not violate Section 24-3
of the Criminal Code of 2012, federal law, or this Act, the
Illinois State Police shall:
(1) assign a unique identification number to the
transfer; and
(2) provide the licensee, gun show promoter, or gun
show vendor with the number.
(d) Approvals issued by the Illinois State Police for the
purchase of a firearm are valid for 30 days from the date of
issue.
(e) (1) The Illinois State Police must act as the Illinois
Point of Contact for the National Instant Criminal Background
Check System.
(2) The Illinois State Police and the Department of Human
Services shall, in accordance with State and federal law
regarding confidentiality, enter into a memorandum of

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understanding with the Federal Bureau of Investigation for the
purpose of implementing the National Instant Criminal
Background Check System in the State. The Illinois State
Police shall report the name, date of birth, and physical
description of any person prohibited from possessing a firearm
pursuant to the Firearm Owners Identification Card Act or 18
U.S.C. 922(g) and (n) to the National Instant Criminal
Background Check System Index, Denied Persons Files.
(3) The Illinois State Police shall provide notice of the
disqualification of a person under subsection (b) of this
Section or the revocation of a person's Firearm Owner's
Identification Card under Section 8 or Section 8.2 of this
Act, and the reason for the disqualification or revocation, to
all law enforcement agencies with jurisdiction to assist with
the seizure of the person's Firearm Owner's Identification
Card.
(f) The Illinois State Police shall adopt rules not
inconsistent with this Section to implement this system.
(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
102-813, eff. 5-13-22.)
(430 ILCS 65/7.10 new)
Sec. 7.10. Notice of obligation to report lost or stolen
firearm. Upon the issuance and each renewal of a Firearm
Owner's Identification Card, the Illinois State Police shall
advise the applicant or holder in writing, in both English and

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Spanish, of his or her obligation to report to local law
enforcement any lost or stolen firearm within 48 hours after
he or she first discovers the loss or theft. A person is deemed
to have discovered that a firearm was lost or stolen only when
the person has received evidence indicating that a loss or
theft has occurred.
(430 ILCS 65/8) (from Ch. 38, par. 83-8)
Sec. 8. Grounds for denial and revocation. The Illinois
State Police has authority to deny an application for or to
revoke and seize a Firearm Owner's Identification Card
previously issued under this Act only if the Illinois State
Police finds that the applicant or the person to whom such card
was issued is or was at the time of issuance:
(a) A person under 21 years of age who has been
convicted of a misdemeanor other than a traffic offense or
adjudged delinquent;
(b) This subsection (b) applies through the 180th day
following July 12, 2019 (the effective date of Public Act
101-80). A person under 21 years of age who does not have
the written consent of his parent or guardian to acquire
and possess firearms and firearm ammunition, or whose
parent or guardian has revoked such written consent, or
where such parent or guardian does not qualify to have a
Firearm Owner's Identification Card;
(b-5) This subsection (b-5) applies on and after the

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181st day following July 12, 2019 (the effective date of
Public Act 101-80). A person under 21 years of age who is
not an active duty member of the United States Armed
Forces or the Illinois National Guard and does not have
the written consent of his or her parent or guardian to
acquire and possess firearms and firearm ammunition, or
whose parent or guardian has revoked such written consent,
or where such parent or guardian does not qualify to have a
Firearm Owner's Identification Card;
(c) A person convicted of a felony under the laws of
this or any other jurisdiction;
(d) A person addicted to narcotics;
(e) A person who has been a patient of a mental health
facility within the past 5 years or a person who has been a
patient in a mental health facility more than 5 years ago
who has not received the certification required under
subsection (u) of this Section. An active law enforcement
officer employed by a unit of government or a Department
of Corrections employee authorized to possess firearms who
is denied, revoked, or has his or her Firearm Owner's
Identification Card seized under this subsection (e) may
obtain relief as described in subsection (c-5) of Section
10 of this Act if the officer or employee did not act in a
manner threatening to the officer or employee, another
person, or the public as determined by the treating
clinical psychologist or physician, and the officer or

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

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

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relationship is not a required element of the offense but
in which a determination of the applicability of 18 U.S.C.
922(g)(9) is made under Section 112A-11.1 of the Code of
Criminal Procedure of 1963, an entry by the court of a
judgment of conviction for that offense shall be grounds
for denying an application for and for revoking and
seizing a Firearm Owner's Identification Card previously
issued to the person under this Act;
(m) (Blank);
(n) A person who is prohibited from acquiring or
possessing firearms or firearm ammunition by any Illinois
State statute or by federal law;
(o) A minor subject to a petition filed under Section
5-520 of the Juvenile Court Act of 1987 alleging that the
minor is a delinquent minor for the commission of an
offense that if committed by an adult would be a felony;
(p) An adult who had been adjudicated a delinquent
minor under the Juvenile Court Act of 1987 for the
commission of an offense that if committed by an adult
would be a felony;
(q) A person who is not a resident of the State of
Illinois, except as provided in subsection (a-10) of
Section 4;
(r) A person who has been adjudicated as a person with
a mental disability;
(s) A person who has been found to have a

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

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firearm within 48 hours of the discovery of such loss or
theft to local law enforcement as required under
subsection (a) of Section 24-4.1 of the Criminal Code of
2012.
Upon revocation of a person's Firearm Owner's
Identification Card, the Illinois State Police shall provide
notice to the person and the person shall comply with Section
9.5 of this Act.
(Source: P.A. 101-80, eff. 7-12-19; 102-538, eff. 8-20-21;
102-645, eff. 1-1-22; 102-813, eff. 5-13-22; 102-1030, eff.
5-27-22; 102-1116, eff. 1-10-23.)
(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
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.

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(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
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:

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(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. The Illinois State Police shall
determine whether to revoke the person's Firearm Owner's
Identification Card under Section 8 of this Act. 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, nor used for any other purpose. The method of providing
this information shall guarantee that the information is not

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released beyond what is necessary for the 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.
(d-5) If a law enforcement official determines that a
person has failed to report a lost or stolen firearm as
required by Section 24-4.1 of the Criminal Code of 2012, then
the law enforcement official shall, within 24 hours of making
that determination, notify the Illinois State Police that the
person has failed to report a lost or stolen firearm. The law
enforcement official shall notify the Illinois State Police in
a form and manner prescribed by the Illinois State Police. The
Illinois State Police shall determine whether to revoke the
person's Firearm Owner's Identification Card under Section 8
of this Act. 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, nor used for any other purpose.
(e) The Illinois State Police shall adopt rules to
implement this Section.

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(Source: P.A. 102-538, eff. 8-20-21.)
Section 10. The Firearm Concealed Carry Act is amended by
adding Section 56 as follows:
(430 ILCS 66/56 new)
Sec. 56. Notice of obligation to report lost or stolen
firearm. Upon the issuance and each renewal of a concealed
carry license, the Illinois State Police shall advise the
applicant or licensee in writing, in both English and Spanish,
of his or her obligation to report to local law enforcement any
lost or stolen firearm within 48 hours after he or she first
discovers the theft or loss.
Section 15. The Firearm Dealer License Certification Act
is amended by changing Section 5-20 as follows:
(430 ILCS 68/5-20)
Sec. 5-20. Additional licensee requirements.
(a) A certified licensee shall make a photo copy of a
buyer's or transferee's valid photo identification card
whenever a firearm sale transaction takes place. The photo
copy shall be attached to the documentation detailing the
record of sale.
(b) A certified licensee shall post in a conspicuous
position on the premises where the licensee conducts business

HB5888 - 24 - LRB103 42774 RLC 76016 b
a sign that contains the following warning in block letters
not less than one inch in height:
"With few exceptions enumerated in the Firearm Owners
Identification Card Act, it is unlawful for you to:
(A) store or leave an unsecured firearm in a place
where a child can obtain access to it;
(B) sell or transfer your firearm to someone else
without receiving approval for the transfer from the
Illinois State Police, or
(C) fail to report the loss or theft of your
firearm to local law enforcement within 72 hours.".
This sign shall be created by the Illinois State Police and
made available for printing or downloading from the Illinois
State Police's website.
(c) No retail location established after the effective
date of this Act shall be located within 500 feet of any
school, pre-school, or day care facility in existence at its
location before the retail location is established as measured
from the nearest corner of the building holding the retail
location to the corner of the school, pre-school, or day care
facility building nearest the retail location at the time the
retail location seeks licensure.
(d) A certified dealer who sells or transfers a firearm
shall notify the purchaser or the recipient, orally and in
writing, in both English and Spanish, at the time of the sale
or transfer, that the owner of a firearm is required to report

HB5888 - 25 - LRB103 42774 RLC 76016 b
a lost or stolen firearm to local law enforcement within 48
hours after the owner first discovers the loss or theft. The
Illinois State Police shall create a written notice, in both
English and Spanish, that certified dealers shall provide
firearm purchasers or transferees in accordance with this
provision and make such notice available for printing or
downloading from the Illinois State Police website.
(Source: P.A. 102-538, eff. 8-20-21.)
Section 20. The Criminal Code of 2012 is amended by
changing Sections 24-3.8, 24-3.9, 24-3B, and 24-4.1 as
follows:
(720 ILCS 5/24-3.8)
Sec. 24-3.8. Possession of a stolen firearm.
(a) A person commits possession of a stolen firearm when
he or she, not being entitled to the possession of a firearm,
possesses the firearm while he or she knows or reasonably
should know the firearm , knowing it to have been stolen or
converted. The trier of fact may infer that a person who
possesses a firearm with knowledge that its serial number has
been removed or altered has knowledge or reasonably should
know that the firearm is stolen or converted. The trier of fact
may, but is not required to, infer that a person who possesses
a firearm purchased on or after the effective date of this
amendatory Act of the 103rd General Assembly, with a make,

HB5888 - 26 - LRB103 42774 RLC 76016 b
model, and serial number reported as stolen on the Illinois
State Police publicly accessible stolen firearm database under
subsection (a-25) of Section 3 of the Firearm Owners
Identification Card Act knows or reasonably should know that
the firearm is stolen or converted.
(b) Possession of a stolen firearm is a Class 2 felony.
(Source: P.A. 97-597, eff. 1-1-12; incorporates 97-347, eff.
1-1-12; 97-1109, eff. 1-1-13.)
(720 ILCS 5/24-3.9)
Sec. 24-3.9. Aggravated possession of a stolen firearm.
(a) A person commits aggravated possession of a stolen
firearm when he or she:
(1) Not being entitled to the possession of not less
than 2 and not more than 5 firearms, possesses those
firearms at the same time or within a one-year period,
knows or reasonably should know knowing the firearms to
have been stolen or converted.
(2) Not being entitled to the possession of not less
than 6 and not more than 10 firearms, possesses those
firearms at the same time or within a 2-year period, knows
or reasonably should know knowing the firearms to have
been stolen or converted.
(3) Not being entitled to the possession of not less
than 11 and not more than 20 firearms, possesses those
firearms at the same time or within a 3-year period, knows

HB5888 - 27 - LRB103 42774 RLC 76016 b
or reasonably should know knowing the firearms to have
been stolen or converted.
(4) Not being entitled to the possession of not less
than 21 and not more than 30 firearms, possesses those
firearms at the same time or within a 4-year period, knows
or reasonably should know knowing the firearms to have
been stolen or converted.
(5) Not being entitled to the possession of more than
30 firearms, possesses those firearms at the same time or
within a 5-year period, knows or reasonably should know
knowing the firearms to have been stolen or converted.
(b) The trier of fact may infer that a person who possesses
a firearm with knowledge that its serial number has been
removed or altered has knowledge or reasonably should know
that the firearm is stolen or converted. The trier of fact may,
but is not required to, infer that a person who possesses a
firearm purchased on or after the effective date of this
amendatory Act of the 103rd General Assembly, with a make,
model, and serial number reported as stolen on the Illinois
State Police publicly accessible stolen firearm database under
subsection (a-25) of Section 3 of the Firearm Owners
Identification Card Act knows or reasonably should know that
the firearm is stolen or converted.
(c) Sentence.
(1) A person who violates paragraph (1) of subsection
(a) of this Section commits a Class 1 felony.

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(2) A person who violates paragraph (2) of subsection
(a) of this Section commits a Class X felony for which he
or she shall be sentenced to a term of imprisonment of not
less than 6 years and not more than 30 years.
(3) A person who violates paragraph (3) of subsection
(a) of this Section 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.
(4) A person who violates paragraph (4) of subsection
(a) of this Section 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.
(5) A person who violates paragraph (5) of subsection
(a) of this Section 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.
(Source: P.A. 97-597, eff. 1-1-12; incorporates 97-347, eff.
1-1-12; 97-1109, eff. 1-1-13.)
(720 ILCS 5/24-3B)
Sec. 24-3B. Firearms trafficking.
(a) A person commits firearms trafficking when he or she
has not been issued a currently valid Firearm Owner's
Identification Card and knowingly:
(1) brings, or causes to be brought, into this State,
a firearm or firearm ammunition for the purpose of sale,

HB5888 - 29 - LRB103 42774 RLC 76016 b
delivery, or transfer to any other person or with the
intent to sell, deliver, or transfer the firearm or
firearm ammunition to any other person; or
(2) brings, or causes to be brought, into this State,
a firearm and firearm ammunition for the purpose of sale,
delivery, or transfer to any other person or with the
intent to sell, deliver, or transfer the firearm and
firearm ammunition to any other person; or
(3) transports on an expressway in this State a
vehicle any stolen firearm or a firearm the possessor
reasonably should know was stolen.
(a-1) The trier of fact may, but is not required to, infer
that a person who possesses a firearm purchased on or after the
effective date of this amendatory Act of the 103rd General
Assembly, with a make, model, and serial number reported as
stolen on the Illinois State Police publicly accessible stolen
firearm database under subsection (a-25) of Section 3 of the
Firearm Owners Identification Card Act knows or reasonably
should know that the firearm is stolen or converted.
(a-2) In this Section, "expressway" has the meaning
provided in Section 1-119.3 of the Illinois Vehicle Code.
(a-5) This Section does not apply to:
(1) a person exempt under Section 2 of the Firearm
Owners Identification Card Act from the requirement of
having possession of a Firearm Owner's Identification Card
previously issued in his or her name by the Illinois State

HB5888 - 30 - LRB103 42774 RLC 76016 b
Police in order to acquire or possess a firearm or firearm
ammunition;
(2) a common carrier under subsection (i) of Section
24-2 of this Code; or
(3) a non-resident who may lawfully possess a firearm
in his or her resident state.
(b) Sentence.
(1) Firearms trafficking is a Class 1 felony for which
the person, if sentenced to a term of imprisonment, shall
be sentenced to not less than 4 years and not more than 20
years.
(2) Firearms trafficking by a person who has been
previously convicted of firearms trafficking, gunrunning,
or a felony offense for the unlawful sale, delivery, or
transfer of a firearm or firearm ammunition in this State
or another jurisdiction is a Class X felony.
(Source: P.A. 102-538, eff. 8-20-21.)
(720 ILCS 5/24-4.1)
Sec. 24-4.1. Report of lost or stolen firearms.
(a) If a person who possesses a valid Firearm Owner's
Identification Card and who possesses or acquires a firearm
thereafter loses the firearm, or if the firearm is stolen from
the person, the person must report the loss or theft of any
such firearm to the local law enforcement agency within 48 72
hours after obtaining knowledge of the loss or theft. The

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report shall include:
(1) the date the firearm was lost or stolen;
(2) the exact location where the firearm was lost or
stolen or, if the exact location is not known, the last
known location of the firearm;
(3) the caliber, make, model, and serial number of the
firearm; and
(4) a description of the circumstances under which the
firearm was lost or stolen.
(b) A law enforcement agency having jurisdiction shall
take a written report and shall, as soon as practical, and in
no event later than 48 hours after receiving the report, enter
the information and the firearm's serial number as stolen into
the Law Enforcement Agencies Data System (LEADS).
(c) A person shall not be in violation of this Section if:
(1) the failure to report is due to an act of God, act
of war, or inability of a law enforcement agency to
receive the report;
(2) the person is hospitalized, in a coma, or is
otherwise seriously physically or mentally impaired as to
prevent the person from reporting; or
(3) the person's designee makes a report if the person
is unable to make the report.
(d) Sentence. A person who violates this Section is guilty
of a petty offense for a first violation. A second or
subsequent violation of this Section is a Class A misdemeanor.

HB5888 - 32 - LRB103 42774 RLC 76016 b
For a second or subsequent offense, the failure to report a
loss or theft of a firearm within 48 hours of the discovery of
such loss or theft as required under subsection (a) shall
result in revocation of the person's Firearm Owner's
Identification Card. Pursuant to subsection (a) of Section 10
of the Firearm Owners Identification Card Act, a person whose
card is revoked under this Section may file a record challenge
with the Director of the Illinois State Police as provided in
subsection (a-10) of Section 10 of that Act or appeal to the
Firearm Owner's Identification Card Review Board for relief as
provided in subsection (c) of Section 10 of that Act.
(e) A prosecution for an offense under this Section may be
commenced within 3 years after the discovery by law
enforcement or prosecution of the failure to report the theft
or loss of a firearm as required under subsection (a).
(Source: P.A. 98-508, eff. 8-19-13.)
Section 97. Severability. The provisions of this Act are
severable under Section 1.31 of the Statute on Statutes.
HB5888 - 33 - LRB103 42774 RLC 76016 b
INDEX
Statutes amended in order of appearance