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Public Act 102-1116 |
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AN ACT concerning regulation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 1. This Act may be referred to as the Protect |
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Illinois Communities Act. |
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Section 3. The Illinois Administrative Procedure Act is |
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amended by adding Section 5-45.35 as follows: |
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(5 ILCS 100/5-45.35 new) |
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Sec. 5-45.35. Emergency rulemaking. To provide for the |
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expeditious and timely implementation of this amendatory Act |
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of the 102nd General Assembly, emergency rules implementing |
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this amendatory Act of the 102nd General Assembly may be |
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adopted in accordance with Section 5-45 by the Illinois State |
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Police. The adoption of emergency rules authorized by Section |
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5-45 and this Section is deemed to be necessary for the public |
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interest, safety, and welfare. |
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This Section is repealed one year after the effective date |
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of this amendatory Act of the 102nd General Assembly. |
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Section 4. The Freedom of Information Act is amended by |
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changing Section 7.5 as follows:
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(5 ILCS 140/7.5)
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Sec. 7.5. Statutory exemptions. To the extent provided for |
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by the statutes referenced below, the following shall be |
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exempt from inspection and copying: |
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(a) All information determined to be confidential |
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under Section 4002 of the Technology Advancement and |
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Development Act. |
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(b) Library circulation and order records identifying |
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library users with specific materials under the Library |
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Records Confidentiality Act. |
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(c) Applications, related documents, and medical |
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records received by the Experimental Organ Transplantation |
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Procedures Board and any and all documents or other |
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records prepared by the Experimental Organ Transplantation |
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Procedures Board or its staff relating to applications it |
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has received. |
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(d) Information and records held by the Department of |
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Public Health and its authorized representatives relating |
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to known or suspected cases of sexually transmissible |
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disease or any information the disclosure of which is |
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restricted under the Illinois Sexually Transmissible |
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Disease Control Act. |
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(e) Information the disclosure of which is exempted |
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under Section 30 of the Radon Industry Licensing Act. |
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(f) Firm performance evaluations under Section 55 of |
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the Architectural, Engineering, and Land Surveying |
Qualifications Based Selection Act. |
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(g) Information the disclosure of which is restricted |
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and exempted under Section 50 of the Illinois Prepaid |
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Tuition Act. |
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(h) Information the disclosure of which is exempted |
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under the State Officials and Employees Ethics Act, and |
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records of any lawfully created State or local inspector |
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general's office that would be exempt if created or |
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obtained by an Executive Inspector General's office under |
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that Act. |
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(i) Information contained in a local emergency energy |
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plan submitted to a municipality in accordance with a |
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local emergency energy plan ordinance that is adopted |
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under Section 11-21.5-5 of the Illinois Municipal Code. |
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(j) Information and data concerning the distribution |
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of surcharge moneys collected and remitted by carriers |
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under the Emergency Telephone System Act. |
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(k) Law enforcement officer identification information |
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or driver identification information compiled by a law |
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enforcement agency or the Department of Transportation |
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under Section 11-212 of the Illinois Vehicle Code. |
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(l) Records and information provided to a residential |
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health care facility resident sexual assault and death |
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review team or the Executive Council under the Abuse |
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Prevention Review Team Act. |
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(m) Information provided to the predatory lending |
database created pursuant to Article 3 of the Residential |
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Real Property Disclosure Act, except to the extent |
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authorized under that Article. |
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(n) Defense budgets and petitions for certification of |
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compensation and expenses for court appointed trial |
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counsel as provided under Sections 10 and 15 of the |
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Capital Crimes Litigation Act. This subsection (n) shall |
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apply until the conclusion of the trial of the case, even |
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if the prosecution chooses not to pursue the death penalty |
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prior to trial or sentencing. |
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(o) Information that is prohibited from being |
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disclosed under Section 4 of the Illinois Health and |
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Hazardous Substances Registry Act. |
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(p) Security portions of system safety program plans, |
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investigation reports, surveys, schedules, lists, data, or |
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information compiled, collected, or prepared by or for the |
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Department of Transportation under Sections 2705-300 and |
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2705-616 of the Department of Transportation Law of the |
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Civil Administrative Code of Illinois, the Regional |
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Transportation Authority under Section 2.11 of the |
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Regional Transportation Authority Act, or the St. Clair |
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County Transit District under the Bi-State Transit Safety |
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Act. |
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(q) Information prohibited from being disclosed by the |
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Personnel Record Review Act. |
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(r) Information prohibited from being disclosed by the |
Illinois School Student Records Act. |
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(s) Information the disclosure of which is restricted |
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under Section 5-108 of the Public Utilities Act.
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(t) All identified or deidentified health information |
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in the form of health data or medical records contained |
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in, stored in, submitted to, transferred by, or released |
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from the Illinois Health Information Exchange, and |
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identified or deidentified health information in the form |
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of health data and medical records of the Illinois Health |
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Information Exchange in the possession of the Illinois |
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Health Information Exchange Office due to its |
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administration of the Illinois Health Information |
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Exchange. The terms "identified" and "deidentified" shall |
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be given the same meaning as in the Health Insurance |
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Portability and Accountability Act of 1996, Public Law |
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104-191, or any subsequent amendments thereto, and any |
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regulations promulgated thereunder. |
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(u) Records and information provided to an independent |
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team of experts under the Developmental Disability and |
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Mental Health Safety Act (also known as Brian's Law). |
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(v) Names and information of people who have applied |
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for or received Firearm Owner's Identification Cards under |
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the Firearm Owners Identification Card Act or applied for |
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or received a concealed carry license under the Firearm |
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Concealed Carry Act, unless otherwise authorized by the |
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Firearm Concealed Carry Act; and databases under the |
Firearm Concealed Carry Act, records of the Concealed |
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Carry Licensing Review Board under the Firearm Concealed |
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Carry Act, and law enforcement agency objections under the |
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Firearm Concealed Carry Act. |
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(v-5) Records of the Firearm Owner's Identification |
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Card Review Board that are exempted from disclosure under |
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Section 10 of the Firearm Owners Identification Card Act. |
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(w) Personally identifiable information which is |
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exempted from disclosure under subsection (g) of Section |
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19.1 of the Toll Highway Act. |
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(x) Information which is exempted from disclosure |
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under Section 5-1014.3 of the Counties Code or Section |
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8-11-21 of the Illinois Municipal Code. |
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(y) Confidential information under the Adult |
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Protective Services Act and its predecessor enabling |
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statute, the Elder Abuse and Neglect Act, including |
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information about the identity and administrative finding |
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against any caregiver of a verified and substantiated |
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decision of abuse, neglect, or financial exploitation of |
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an eligible adult maintained in the Registry established |
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under Section 7.5 of the Adult Protective Services Act. |
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(z) Records and information provided to a fatality |
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review team or the Illinois Fatality Review Team Advisory |
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Council under Section 15 of the Adult Protective Services |
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Act. |
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(aa) Information which is exempted from disclosure |
under Section 2.37 of the Wildlife Code. |
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(bb) Information which is or was prohibited from |
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disclosure by the Juvenile Court Act of 1987. |
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(cc) Recordings made under the Law Enforcement |
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Officer-Worn Body Camera Act, except to the extent |
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authorized under that Act. |
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(dd) Information that is prohibited from being |
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disclosed under Section 45 of the Condominium and Common |
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Interest Community Ombudsperson Act. |
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(ee) Information that is exempted from disclosure |
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under Section 30.1 of the Pharmacy Practice Act. |
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(ff) Information that is exempted from disclosure |
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under the Revised Uniform Unclaimed Property Act. |
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(gg) Information that is prohibited from being |
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disclosed under Section 7-603.5 of the Illinois Vehicle |
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Code. |
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(hh) Records that are exempt from disclosure under |
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Section 1A-16.7 of the Election Code. |
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(ii) Information which is exempted from disclosure |
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under Section 2505-800 of the Department of Revenue Law of |
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the Civil Administrative Code of Illinois. |
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(jj) Information and reports that are required to be |
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submitted to the Department of Labor by registering day |
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and temporary labor service agencies but are exempt from |
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disclosure under subsection (a-1) of Section 45 of the Day |
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and Temporary Labor Services Act. |
(kk) Information prohibited from disclosure under the |
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Seizure and Forfeiture Reporting Act. |
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(ll) Information the disclosure of which is restricted |
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and exempted under Section 5-30.8 of the Illinois Public |
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Aid Code. |
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(mm) Records that are exempt from disclosure under |
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Section 4.2 of the Crime Victims Compensation Act. |
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(nn) Information that is exempt from disclosure under |
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Section 70 of the Higher Education Student Assistance Act. |
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(oo) Communications, notes, records, and reports |
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arising out of a peer support counseling session |
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prohibited from disclosure under the First Responders |
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Suicide Prevention Act. |
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(pp) Names and all identifying information relating to |
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an employee of an emergency services provider or law |
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enforcement agency under the First Responders Suicide |
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Prevention Act. |
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(qq) Information and records held by the Department of |
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Public Health and its authorized representatives collected |
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under the Reproductive Health Act. |
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(rr) Information that is exempt from disclosure under |
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the Cannabis Regulation and Tax Act. |
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(ss) Data reported by an employer to the Department of |
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Human Rights pursuant to Section 2-108 of the Illinois |
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Human Rights Act. |
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(tt) Recordings made under the Children's Advocacy |
Center Act, except to the extent authorized under that |
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Act. |
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(uu) Information that is exempt from disclosure under |
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Section 50 of the Sexual Assault Evidence Submission Act. |
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(vv) Information that is exempt from disclosure under |
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subsections (f) and (j) of Section 5-36 of the Illinois |
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Public Aid Code. |
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(ww) Information that is exempt from disclosure under |
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Section 16.8 of the State Treasurer Act. |
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(xx) Information that is exempt from disclosure or |
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information that shall not be made public under the |
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Illinois Insurance Code. |
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(yy) Information prohibited from being disclosed under |
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the Illinois Educational Labor Relations Act. |
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(zz) Information prohibited from being disclosed under |
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the Illinois Public Labor Relations Act. |
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(aaa) Information prohibited from being disclosed |
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under Section 1-167 of the Illinois Pension Code. |
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(bbb) Information that is prohibited from disclosure |
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by the Illinois Police Training Act and the Illinois State |
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Police Act. |
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(ccc) Records exempt from disclosure under Section
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2605-304 of the Illinois State Police Law of the Civil
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Administrative Code of Illinois. |
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(ddd) Information prohibited from being disclosed |
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under Section 35 of the Address Confidentiality for |
Victims of Domestic Violence, Sexual Assault, Human |
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Trafficking, or Stalking Act. |
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(eee) Information prohibited from being disclosed |
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under subsection (b) of Section 75 of the Domestic |
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Violence Fatality Review Act. |
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(fff) Images from cameras under the Expressway Camera |
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Act. This subsection (fff) is inoperative on and after |
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July 1, 2023. |
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(ggg) (fff) Information prohibited from disclosure |
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under paragraph (3) of subsection (a) of Section 14 of the |
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Nurse Agency Licensing Act. |
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(hhh) Information submitted to the Department of State |
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Police in an affidavit or application for an assault |
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weapon endorsement, assault weapon attachment endorsement, |
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.50 caliber rifle endorsement, or .50 caliber cartridge |
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endorsement under the Firearm Owners Identification Card |
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Act. |
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(Source: P.A. 101-13, eff. 6-12-19; 101-27, eff. 6-25-19; |
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101-81, eff. 7-12-19; 101-221, eff. 1-1-20; 101-236, eff. |
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1-1-20; 101-375, eff. 8-16-19; 101-377, eff. 8-16-19; 101-452, |
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eff. 1-1-20; 101-466, eff. 1-1-20; 101-600, eff. 12-6-19; |
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101-620, eff 12-20-19; 101-649, eff. 7-7-20; 101-652, eff. |
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1-1-22; 101-656, eff. 3-23-21; 102-36, eff. 6-25-21; 102-237, |
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eff. 1-1-22; 102-292, eff. 1-1-22; 102-520, eff. 8-20-21; |
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102-559, eff. 8-20-21; 102-813, eff. 5-13-22; 102-946, eff. |
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7-1-22; 102-1042, eff. 6-3-22; revised 8-1-22.) |
Section 5. The Illinois State Police Law of the
Civil |
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Administrative Code of Illinois is amended by changing |
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Sections 2605-35 and 2605-51.1 as follows:
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(20 ILCS 2605/2605-35) (was 20 ILCS 2605/55a-3)
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Sec. 2605-35. Division of Criminal
Investigation. |
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(a) The Division of Criminal
Investigation shall exercise
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the following functions and those in Section 2605-30:
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(1) Exercise the rights, powers, and duties vested by
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law in the Illinois State Police by the Illinois Horse |
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Racing Act of 1975, including those set forth in Section |
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2605-215.
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(2) Investigate the origins, activities, personnel, |
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and
incidents of crime and enforce the criminal laws of |
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this State related thereto.
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(3) Enforce all laws regulating the production, sale,
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prescribing, manufacturing, administering, transporting, |
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having in possession,
dispensing, delivering, |
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distributing, or use of controlled substances
and |
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cannabis.
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(4) Cooperate with the police of cities, villages, and
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incorporated towns and with the police officers of any |
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county in
enforcing the laws of the State and in making |
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arrests and recovering
property.
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(5) Apprehend and deliver up any person charged in |
this State or any other
state with treason or a felony or |
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other crime who has fled from justice and is
found in this |
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State.
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(6) Investigate recipients and providers under the |
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Illinois Public Aid
Code and any personnel involved in the |
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administration of the Code who are
suspected of any |
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violation of the Code pertaining to fraud in the
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administration, receipt, or provision of assistance and |
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pertaining to any
violation of criminal law; and exercise |
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the functions required under Section
2605-220 in the |
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conduct of those investigations.
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(7) Conduct other investigations as provided by law , |
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including, but not limited to, investigations of human |
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trafficking, illegal drug trafficking, and illegal |
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firearms trafficking .
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(8) Investigate public corruption.
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(9) Exercise other duties that may be assigned by the |
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Director in order to
fulfill the responsibilities and |
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achieve the purposes of the Illinois State Police, which |
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may include the coordination of gang, terrorist, and |
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organized crime prevention, control activities, and |
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assisting local law enforcement in their crime control |
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activities.
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(10) Conduct investigations (and cooperate with |
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federal law enforcement agencies in the investigation) of |
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any property-related crimes, such as money laundering, |
involving individuals or entities listed on the sanctions |
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list maintained by the U.S. Department of Treasury's |
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Office of Foreign Asset Control. |
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(b) (Blank).
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(c) The Division of Criminal
Investigation shall provide |
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statewide coordination and strategy pertaining to |
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firearm-related intelligence, firearms trafficking |
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interdiction, and investigations reaching across all divisions |
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of the Illinois State Police, including providing crime gun |
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intelligence support for suspects and firearms involved in |
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firearms trafficking or the commission of a crime involving |
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firearms that is investigated by the Illinois State Police and |
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other federal, State, and local law enforcement agencies, with |
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the objective of reducing and preventing illegal possession |
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and use of firearms, firearms trafficking, firearm-related |
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homicides, and other firearm-related violent crimes in |
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Illinois. |
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(Source: P.A. 102-538, eff. 8-20-21; 102-813, eff. 5-13-22; |
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102-1108, eff. 12-21-22.)
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(20 ILCS 2605/2605-51.1) |
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(Section scheduled to be repealed on June 1, 2026) |
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Sec. 2605-51.1. Commission on Implementing the Firearms |
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Restraining Order Act. |
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(a) There is created the Commission on Implementing the |
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Firearms Restraining Order Act composed of at least 12 members |
to advise on the strategies of education and implementation of |
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the Firearms Restraining Order Act. The Commission shall be |
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appointed by the Director of the Illinois State Police or his |
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or her designee and shall include a liaison or representative |
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nominated from the following: |
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(1) the Office of the Attorney General, appointed by |
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the Attorney General; |
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(2) the Director of the Illinois State Police or his |
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or her designee; |
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(3) at least 3 State's Attorneys, nominated by the |
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Director of the Office of the State's Attorneys Appellate |
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Prosecutor; |
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(4) at least 2 municipal police department |
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representatives,
nominated by the Illinois Association of |
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Chiefs of Police; |
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(5) an Illinois sheriff,
nominated by the Illinois |
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Sheriffs' Association; |
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(6) the Director of Public Health or his or her |
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designee; |
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(7) the Illinois Law Enforcement Training Standards |
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Board, nominated by the Executive Director of the Board; |
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(8) a representative from a public defender's office,
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nominated by the State Appellate Defender; |
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(9) a circuit court judge,
nominated by the Chief |
||
Justice of the Supreme Court; |
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(10) a prosecutor with experience managing or |
directing a program in another state where the |
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implementation of that state's extreme risk protection |
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order law has achieved high rates of petition filings |
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nominated by the National District Attorneys Association; |
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and |
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(11) an expert from law enforcement who has experience |
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managing or directing a program in another state where the |
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implementation of that state's extreme risk protection |
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order law has achieved high rates of petition filings |
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nominated by the Director of the Illinois State Police ; |
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and |
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(12) a circuit court clerk, nominated by the President |
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of the Illinois Association of Court Clerks . |
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(b)
The Commission shall be chaired by the Director of the |
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Illinois State Police or his or her designee. The Commission |
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shall meet, either virtually or in person, to discuss the |
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implementation of the Firearms Restraining Order Act as |
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determined by the Commission while the strategies are being |
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established. |
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(c) The members of the Commission shall serve without |
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compensation and shall serve 3-year terms. |
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(d) An annual report shall be submitted to the General |
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Assembly by the Commission that may include summary |
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information about firearms restraining order use by county, |
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challenges to Firearms Restraining Order Act implementation, |
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and recommendations for increasing and improving |
implementation. |
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(e)
The Commission shall develop a model policy with an |
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overall framework for the timely relinquishment of firearms |
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whenever a firearms restraining order is issued. The model |
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policy shall be finalized within the first 4 months of |
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convening. In formulating the model policy, the Commission |
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shall consult counties in Illinois and other states with |
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extreme risk protection order laws which have achieved a high |
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rate of petition filings. Once approved, the Illinois State |
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Police shall work with their local law enforcement agencies |
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within their county to design a comprehensive strategy for the |
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timely relinquishment of firearms, using the model policy as |
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an overall framework. Each individual agency may make small |
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modifications as needed to the model policy and must approve |
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and adopt a policy that aligns with the model policy. The |
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Illinois State Police shall convene local police chiefs and |
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sheriffs within their county as needed to discuss the |
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relinquishment of firearms. |
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(f) The Commission shall be dissolved June 1, 2025 (3 |
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years after the effective date of Public Act 102-345). |
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(g) This Section is repealed June 1, 2026 (4 years after |
||
the effective date of Public Act 102-345).
|
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(Source: P.A. 102-345, eff. 6-1-22; 102-813, eff. 5-13-22.)
|
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Section 7. The Illinois Procurement Code is amended by |
||
changing Section 1-10 as follows:
|
(30 ILCS 500/1-10)
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Sec. 1-10. Application.
|
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(a) This Code applies only to procurements for which |
||
bidders, offerors, potential contractors, or contractors were |
||
first
solicited on or after July 1, 1998. This Code shall not |
||
be construed to affect
or impair any contract, or any |
||
provision of a contract, entered into based on a
solicitation |
||
prior to the implementation date of this Code as described in
|
||
Article 99, including, but not limited to, any covenant |
||
entered into with respect
to any revenue bonds or similar |
||
instruments.
All procurements for which contracts are |
||
solicited between the effective date
of Articles 50 and 99 and |
||
July 1, 1998 shall be substantially in accordance
with this |
||
Code and its intent.
|
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(b) This Code shall apply regardless of the source of the |
||
funds with which
the contracts are paid, including federal |
||
assistance moneys. This
Code shall
not apply to:
|
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(1) Contracts between the State and its political |
||
subdivisions or other
governments, or between State |
||
governmental bodies, except as specifically provided in |
||
this Code.
|
||
(2) Grants, except for the filing requirements of |
||
Section 20-80.
|
||
(3) Purchase of care, except as provided in Section |
||
5-30.6 of the Illinois Public Aid
Code and this Section.
|
(4) Hiring of an individual as an employee and not as |
||
an independent
contractor, whether pursuant to an |
||
employment code or policy or by contract
directly with |
||
that individual.
|
||
(5) Collective bargaining contracts.
|
||
(6) Purchase of real estate, except that notice of |
||
this type of contract with a value of more than $25,000 |
||
must be published in the Procurement Bulletin within 10 |
||
calendar days after the deed is recorded in the county of |
||
jurisdiction. The notice shall identify the real estate |
||
purchased, the names of all parties to the contract, the |
||
value of the contract, and the effective date of the |
||
contract.
|
||
(7) Contracts necessary to prepare for anticipated |
||
litigation, enforcement
actions, or investigations, |
||
provided
that the chief legal counsel to the Governor |
||
shall give his or her prior
approval when the procuring |
||
agency is one subject to the jurisdiction of the
Governor, |
||
and provided that the chief legal counsel of any other |
||
procuring
entity
subject to this Code shall give his or |
||
her prior approval when the procuring
entity is not one |
||
subject to the jurisdiction of the Governor.
|
||
(8) (Blank).
|
||
(9) Procurement expenditures by the Illinois |
||
Conservation Foundation
when only private funds are used.
|
||
(10) (Blank). |
(11) Public-private agreements entered into according |
||
to the procurement requirements of Section 20 of the |
||
Public-Private Partnerships for Transportation Act and |
||
design-build agreements entered into according to the |
||
procurement requirements of Section 25 of the |
||
Public-Private Partnerships for Transportation Act. |
||
(12) (A) Contracts for legal, financial, and other |
||
professional and artistic services entered into by the |
||
Illinois Finance Authority in which the State of Illinois |
||
is not obligated. Such contracts shall be awarded through |
||
a competitive process authorized by the members of the |
||
Illinois Finance Authority and are subject to Sections |
||
5-30, 20-160, 50-13, 50-20, 50-35, and 50-37 of this Code, |
||
as well as the final approval by the members of the |
||
Illinois Finance Authority of the terms of the contract. |
||
(B) Contracts for legal and financial services entered |
||
into by the Illinois Housing Development Authority in |
||
connection with the issuance of bonds in which the State |
||
of Illinois is not obligated. Such contracts shall be |
||
awarded through a competitive process authorized by the |
||
members of the Illinois Housing Development Authority and |
||
are subject to Sections 5-30, 20-160, 50-13, 50-20, 50-35, |
||
and 50-37 of this Code, as well as the final approval by |
||
the members of the Illinois Housing Development Authority |
||
of the terms of the contract. |
||
(13) Contracts for services, commodities, and |
equipment to support the delivery of timely forensic |
||
science services in consultation with and subject to the |
||
approval of the Chief Procurement Officer as provided in |
||
subsection (d) of Section 5-4-3a of the Unified Code of |
||
Corrections, except for the requirements of Sections |
||
20-60, 20-65, 20-70, and 20-160 and Article 50 of this |
||
Code; however, the Chief Procurement Officer may, in |
||
writing with justification, waive any certification |
||
required under Article 50 of this Code. For any contracts |
||
for services which are currently provided by members of a |
||
collective bargaining agreement, the applicable terms of |
||
the collective bargaining agreement concerning |
||
subcontracting shall be followed. |
||
On and after January 1, 2019, this paragraph (13), |
||
except for this sentence, is inoperative. |
||
(14) Contracts for participation expenditures required |
||
by a domestic or international trade show or exhibition of |
||
an exhibitor, member, or sponsor. |
||
(15) Contracts with a railroad or utility that |
||
requires the State to reimburse the railroad or utilities |
||
for the relocation of utilities for construction or other |
||
public purpose. Contracts included within this paragraph |
||
(15) shall include, but not be limited to, those |
||
associated with: relocations, crossings, installations, |
||
and maintenance. For the purposes of this paragraph (15), |
||
"railroad" means any form of non-highway ground |
transportation that runs on rails or electromagnetic |
||
guideways and "utility" means: (1) public utilities as |
||
defined in Section 3-105 of the Public Utilities Act, (2) |
||
telecommunications carriers as defined in Section 13-202 |
||
of the Public Utilities Act, (3) electric cooperatives as |
||
defined in Section 3.4 of the Electric Supplier Act, (4) |
||
telephone or telecommunications cooperatives as defined in |
||
Section 13-212 of the Public Utilities Act, (5) rural |
||
water or waste water systems with 10,000 connections or |
||
less, (6) a holder as defined in Section 21-201 of the |
||
Public Utilities Act, and (7) municipalities owning or |
||
operating utility systems consisting of public utilities |
||
as that term is defined in Section 11-117-2 of the |
||
Illinois Municipal Code. |
||
(16) Procurement expenditures necessary for the |
||
Department of Public Health to provide the delivery of |
||
timely newborn screening services in accordance with the |
||
Newborn Metabolic Screening Act. |
||
(17) Procurement expenditures necessary for the |
||
Department of Agriculture, the Department of Financial and |
||
Professional Regulation, the Department of Human Services, |
||
and the Department of Public Health to implement the |
||
Compassionate Use of Medical Cannabis Program and Opioid |
||
Alternative Pilot Program requirements and ensure access |
||
to medical cannabis for patients with debilitating medical |
||
conditions in accordance with the Compassionate Use of |
Medical Cannabis Program Act. |
||
(18) This Code does not apply to any procurements |
||
necessary for the Department of Agriculture, the |
||
Department of Financial and Professional Regulation, the |
||
Department of Human Services, the Department of Commerce |
||
and Economic Opportunity, and the Department of Public |
||
Health to implement the Cannabis Regulation and Tax Act if |
||
the applicable agency has made a good faith determination |
||
that it is necessary and appropriate for the expenditure |
||
to fall within this exemption and if the process is |
||
conducted in a manner substantially in accordance with the |
||
requirements of Sections 20-160, 25-60, 30-22, 50-5, |
||
50-10, 50-10.5, 50-12, 50-13, 50-15, 50-20, 50-21, 50-35, |
||
50-36, 50-37, 50-38, and 50-50 of this Code; however, for |
||
Section 50-35, compliance applies only to contracts or |
||
subcontracts over $100,000. Notice of each contract |
||
entered into under this paragraph (18) that is related to |
||
the procurement of goods and services identified in |
||
paragraph (1) through (9) of this subsection shall be |
||
published in the Procurement Bulletin within 14 calendar |
||
days after contract execution. The Chief Procurement |
||
Officer shall prescribe the form and content of the |
||
notice. Each agency shall provide the Chief Procurement |
||
Officer, on a monthly basis, in the form and content |
||
prescribed by the Chief Procurement Officer, a report of |
||
contracts that are related to the procurement of goods and |
services identified in this subsection. At a minimum, this |
||
report shall include the name of the contractor, a |
||
description of the supply or service provided, the total |
||
amount of the contract, the term of the contract, and the |
||
exception to this Code utilized. A copy of any or all of |
||
these contracts shall be made available to the Chief |
||
Procurement Officer immediately upon request. The Chief |
||
Procurement Officer shall submit a report to the Governor |
||
and General Assembly no later than November 1 of each year |
||
that includes, at a minimum, an annual summary of the |
||
monthly information reported to the Chief Procurement |
||
Officer. This exemption becomes inoperative 5 years after |
||
June 25, 2019 (the effective date of Public Act 101-27). |
||
(19) Acquisition of modifications or adjustments, |
||
limited to assistive technology devices and assistive |
||
technology services, adaptive equipment, repairs, and |
||
replacement parts to provide reasonable accommodations (i) |
||
that enable a qualified applicant with a disability to |
||
complete the job application process and be considered for |
||
the position such qualified applicant desires, (ii) that |
||
modify or adjust the work environment to enable a |
||
qualified current employee with a disability to perform |
||
the essential functions of the position held by that |
||
employee, (iii) to enable a qualified current employee |
||
with a disability to enjoy equal benefits and privileges |
||
of employment as are enjoyed by other similarly situated |
employees without disabilities, and (iv) that allow a |
||
customer, client, claimant, or member of the public |
||
seeking State services full use and enjoyment of and |
||
access to its programs, services, or benefits. |
||
For purposes of this paragraph (19): |
||
"Assistive technology devices" means any item, piece |
||
of equipment, or product system, whether acquired |
||
commercially off the shelf, modified, or customized, that |
||
is used to increase, maintain, or improve functional |
||
capabilities of individuals with disabilities. |
||
"Assistive technology services" means any service that |
||
directly assists an individual with a disability in |
||
selection, acquisition, or use of an assistive technology |
||
device. |
||
"Qualified" has the same meaning and use as provided |
||
under the federal Americans with Disabilities Act when |
||
describing an individual with a disability. |
||
(20) Procurement expenditures necessary for the
|
||
Illinois Commerce Commission to hire third-party
|
||
facilitators pursuant to Sections 16-105.17 and
16-108.18 |
||
of the Public Utilities Act or an ombudsman pursuant to |
||
Section 16-107.5 of the Public Utilities Act, a |
||
facilitator pursuant to Section 16-105.17 of the Public |
||
Utilities Act, or a grid auditor pursuant to Section |
||
16-105.10 of the Public Utilities Act. |
||
(21) Procurement expenditures for the purchase, |
renewal, and expansion of software, software licenses, or |
||
software maintenance agreements that support the efforts |
||
of the Illinois State Police to enforce, regulate, and |
||
administer the Firearm Owners Identification Card Act, the |
||
Firearm Concealed Carry Act, the Firearms Restraining |
||
Order Act, the Firearm Dealer License Certification Act, |
||
the Law Enforcement Agencies Data System (LEADS), the |
||
Uniform Crime Reporting Act, the Criminal Identification |
||
Act, the Uniform Conviction Information Act, and the Gun |
||
Trafficking Information Act, or establish or maintain |
||
record management systems necessary to conduct human |
||
trafficking investigations or gun trafficking or other |
||
stolen firearm investigations. This paragraph (21) applies |
||
to contracts entered into on or after the effective date |
||
of this amendatory Act of the 102nd General Assembly and |
||
the renewal of contracts that are in effect on the |
||
effective date of this amendatory Act of the 102nd General |
||
Assembly. |
||
Notwithstanding any other provision of law, for contracts |
||
with an annual value of more than $100,000 entered into on or |
||
after October 1, 2017 under an exemption provided in any |
||
paragraph of this subsection (b), except paragraph (1), (2), |
||
or (5), each State agency shall post to the appropriate |
||
procurement bulletin the name of the contractor, a description |
||
of the supply or service provided, the total amount of the |
||
contract, the term of the contract, and the exception to the |
Code utilized. The chief procurement officer shall submit a |
||
report to the Governor and General Assembly no later than |
||
November 1 of each year that shall include, at a minimum, an |
||
annual summary of the monthly information reported to the |
||
chief procurement officer. |
||
(c) This Code does not apply to the electric power |
||
procurement process provided for under Section 1-75 of the |
||
Illinois Power Agency Act and Section 16-111.5 of the Public |
||
Utilities Act. |
||
(d) Except for Section 20-160 and Article 50 of this Code, |
||
and as expressly required by Section 9.1 of the Illinois |
||
Lottery Law, the provisions of this Code do not apply to the |
||
procurement process provided for under Section 9.1 of the |
||
Illinois Lottery Law. |
||
(e) This Code does not apply to the process used by the |
||
Capital Development Board to retain a person or entity to |
||
assist the Capital Development Board with its duties related |
||
to the determination of costs of a clean coal SNG brownfield |
||
facility, as defined by Section 1-10 of the Illinois Power |
||
Agency Act, as required in subsection (h-3) of Section 9-220 |
||
of the Public Utilities Act, including calculating the range |
||
of capital costs, the range of operating and maintenance |
||
costs, or the sequestration costs or monitoring the |
||
construction of clean coal SNG brownfield facility for the |
||
full duration of construction. |
||
(f) (Blank). |
(g) (Blank). |
||
(h) This Code does not apply to the process to procure or |
||
contracts entered into in accordance with Sections 11-5.2 and |
||
11-5.3 of the Illinois Public Aid Code. |
||
(i) Each chief procurement officer may access records |
||
necessary to review whether a contract, purchase, or other |
||
expenditure is or is not subject to the provisions of this |
||
Code, unless such records would be subject to attorney-client |
||
privilege. |
||
(j) This Code does not apply to the process used by the |
||
Capital Development Board to retain an artist or work or works |
||
of art as required in Section 14 of the Capital Development |
||
Board Act. |
||
(k) This Code does not apply to the process to procure |
||
contracts, or contracts entered into, by the State Board of |
||
Elections or the State Electoral Board for hearing officers |
||
appointed pursuant to the Election Code. |
||
(l) This Code does not apply to the processes used by the |
||
Illinois Student Assistance Commission to procure supplies and |
||
services paid for from the private funds of the Illinois |
||
Prepaid Tuition Fund. As used in this subsection (l), "private |
||
funds" means funds derived from deposits paid into the |
||
Illinois Prepaid Tuition Trust Fund and the earnings thereon. |
||
(m) This Code shall apply regardless of the source of |
||
funds with which contracts are paid, including federal |
||
assistance moneys. Except as specifically provided in this |
Code, this Code shall not apply to procurement expenditures |
||
necessary for the Department of Public Health to conduct the |
||
Healthy Illinois Survey in accordance with Section 2310-431 of |
||
the Department of Public Health Powers and Duties Law of the |
||
Civil Administrative Code of Illinois. |
||
(Source: P.A. 101-27, eff. 6-25-19; 101-81, eff. 7-12-19; |
||
101-363, eff. 8-9-19; 102-175, eff. 7-29-21; 102-483, eff |
||
1-1-22; 102-558, eff. 8-20-21; 102-600, eff. 8-27-21; 102-662, |
||
eff. 9-15-21; 102-721, eff. 1-1-23; 102-813, eff. 5-13-22 .)
|
||
Section 10. The Firearm Owners Identification Card Act is |
||
amended by changing Sections 2, 3, 4, and 8 and by adding |
||
Section 4.1 as follows:
|
||
(430 ILCS 65/2) (from Ch. 38, par. 83-2)
|
||
Sec. 2. Firearm Owner's Identification Card required; |
||
exceptions.
|
||
(a) (1) No person may acquire or possess any firearm, stun |
||
gun, or taser within this State
without having in his or her |
||
possession a Firearm Owner's Identification Card
previously |
||
issued in his or her name by the Illinois State Police under
|
||
the provisions of this Act.
|
||
(2) No person may acquire or possess firearm ammunition |
||
within this
State without having in his or her possession a |
||
Firearm Owner's Identification
Card previously issued in his |
||
or her name by the Illinois State Police
under the provisions |
of this Act.
|
||
(b) The provisions of this Section regarding the |
||
possession of firearms, firearm ammunition, stun guns, and |
||
tasers do not apply to:
|
||
(1) United States Marshals, while engaged in the |
||
operation of their
official duties;
|
||
(2) Members of the Armed Forces of the United States |
||
or the National
Guard, while engaged in the operation of |
||
their official duties;
|
||
(3) Federal officials required to carry firearms, |
||
while engaged in the
operation of their official duties;
|
||
(4) Members of bona fide veterans organizations which |
||
receive firearms
directly from the armed forces of the |
||
United States, while using the
firearms for ceremonial |
||
purposes with blank ammunition;
|
||
(5) Nonresident hunters during hunting season, with |
||
valid nonresident
hunting licenses and while in an area |
||
where hunting is permitted; however,
at all other times |
||
and in all other places these persons must have their
|
||
firearms unloaded and enclosed in a case;
|
||
(6) Those hunters exempt from obtaining a hunting |
||
license who are
required to submit their Firearm Owner's |
||
Identification Card when hunting
on Department of Natural |
||
Resources owned or managed sites;
|
||
(7) Nonresidents while on a firing or shooting range |
||
recognized by the
Illinois State Police; however, these |
persons must at all other times
and in all other places |
||
have their firearms unloaded and enclosed in a case;
|
||
(8) Nonresidents while at a firearm showing or display |
||
recognized by
the Illinois State Police; however, at all |
||
other times and in all
other places these persons must |
||
have their firearms unloaded and enclosed
in a case;
|
||
(9) Nonresidents whose firearms are unloaded and |
||
enclosed in a case;
|
||
(10) Nonresidents who are currently licensed or |
||
registered to possess a
firearm in their resident state;
|
||
(11) Unemancipated minors while in the custody and |
||
immediate control of
their parent or legal guardian or |
||
other person in loco parentis to the
minor if the parent or |
||
legal guardian or other person in loco parentis to
the |
||
minor has a currently valid Firearm Owner's Identification
|
||
Card;
|
||
(12) Color guards of bona fide veterans organizations |
||
or members of bona
fide American Legion bands while using |
||
firearms for ceremonial purposes
with blank ammunition;
|
||
(13) Nonresident hunters whose state of residence does |
||
not require
them to be licensed or registered to possess a |
||
firearm and only during
hunting season, with valid hunting |
||
licenses, while accompanied by, and
using a firearm owned |
||
by, a person who possesses a valid Firearm Owner's
|
||
Identification Card and while in an area within a |
||
commercial club licensed
under the Wildlife Code where |
hunting is permitted and controlled, but in
no instance |
||
upon sites owned or managed by the Department of Natural
|
||
Resources;
|
||
(14) Resident hunters who are properly authorized to |
||
hunt and,
while accompanied by a person who possesses a |
||
valid Firearm Owner's
Identification Card, hunt in an area |
||
within a commercial club licensed
under the Wildlife Code |
||
where hunting is permitted and controlled; and
|
||
(15) A person who is otherwise eligible to obtain a |
||
Firearm Owner's
Identification Card under this Act and is |
||
under the direct supervision of a
holder of a Firearm
|
||
Owner's Identification Card who is 21 years of age or |
||
older while the person is
on a firing or shooting range
or |
||
is a
participant in a firearms safety and training course |
||
recognized by a law
enforcement agency or a national, |
||
statewide shooting sports organization ; and
|
||
(16) Competitive shooting athletes whose competition |
||
firearms are sanctioned by the International Olympic |
||
Committee, the International Paralympic Committee, the |
||
International Shooting Sport Federation, or USA Shooting |
||
in connection with such athletes' training for and |
||
participation in shooting competitions at the 2016 Olympic |
||
and Paralympic Games and sanctioned test events leading up |
||
to the 2016 Olympic and Paralympic Games . |
||
(c) The provisions of this Section regarding the |
||
acquisition and possession
of firearms, firearm ammunition, |
stun guns, and tasers do not apply to law enforcement |
||
officials
of this or any other jurisdiction, while engaged in |
||
the operation of their
official duties.
|
||
(c-5) The provisions of paragraphs (1) and (2) of |
||
subsection (a) of this Section regarding the possession of |
||
firearms
and firearm ammunition do not apply to the holder of a |
||
valid concealed carry
license issued under the Firearm |
||
Concealed Carry Act who is in physical
possession of the |
||
concealed carry license. |
||
(d) Any person who becomes a resident of this State, who is |
||
not otherwise prohibited from obtaining, possessing, or using |
||
a firearm or firearm ammunition, shall not be required to have |
||
a Firearm Owner's Identification Card to possess firearms or |
||
firearms ammunition until 60 calendar days after he or she |
||
obtains an Illinois driver's license or Illinois |
||
Identification Card. |
||
(Source: P.A. 102-538, eff. 8-20-21.)
|
||
(430 ILCS 65/3) (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 with the transferee's or purchaser's |
||
Firearm Owner's Identification Card number to determine the |
||
validity of the card January 1, 2014 . 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 |
||
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 $10 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 |
||
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 completed and available |
||
for use by January 1, 2024 July 1, 2015 . 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 |
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 |
||
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. |
||
(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.) |
||
(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-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.
|
||
(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 January 1, 2024 . 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 |
||
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 |
||
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. |
||
(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 |
||
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 |
||
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. |
||
(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.)
|
||
(430 ILCS 65/4) (from Ch. 38, par. 83-4)
|
||
Sec. 4. Application for Firearm Owner's Identification |
||
Cards. |
||
(a) Each applicant for a Firearm Owner's Identification |
||
Card must:
|
||
(1) Submit an application as made available by the |
||
Illinois State Police; and
|
||
(2) Submit evidence to the Illinois State Police that:
|
||
(i) This subparagraph (i) applies through the |
||
180th day following July 12, 2019 (the effective date |
||
of Public Act 101-80). He or she is 21 years of age or |
over, or if he or she is under 21
years of age that he |
||
or she has the written consent of his or her parent or
|
||
legal guardian to possess and acquire firearms and |
||
firearm ammunition and that
he or she has never been |
||
convicted of a misdemeanor other than a traffic
|
||
offense or adjudged
delinquent, provided, however, |
||
that such parent or legal guardian is not an
|
||
individual prohibited from having a Firearm Owner's |
||
Identification Card and
files an affidavit with the |
||
Department as prescribed by the Department
stating |
||
that he or she is not an individual prohibited from |
||
having a Card; |
||
(i-5) This subparagraph (i-5) applies on and after |
||
the 181st day following July 12, 2019 (the effective |
||
date of Public Act 101-80). He or she is 21 years of |
||
age or over, or if he or she is under 21
years of age |
||
that he or she has never been convicted of a |
||
misdemeanor other than a traffic offense or adjudged |
||
delinquent and is an active duty member of the United |
||
States Armed Forces or the Illinois National Guard or |
||
has the written consent of his or her parent or
legal |
||
guardian to possess and acquire firearms and firearm |
||
ammunition, provided, however, that such parent or |
||
legal guardian is not an
individual prohibited from |
||
having a Firearm Owner's Identification Card and
files |
||
an affidavit with the Illinois State Police as |
prescribed by the Illinois State Police
stating that |
||
he or she is not an individual prohibited from having a |
||
Card or the active duty member of the United States |
||
Armed Forces or the Illinois National Guard under 21 |
||
years of age annually submits proof to the Illinois |
||
State Police, in a manner prescribed by the Illinois |
||
State Police;
|
||
(ii) He or she has not been convicted of a felony |
||
under the laws of
this or any other jurisdiction;
|
||
(iii) He or she is not addicted to narcotics;
|
||
(iv) He or she has not been a patient in a mental |
||
health facility within
the past 5 years or, if he or |
||
she has been a patient in a mental health facility more |
||
than 5 years ago submit the certification required |
||
under subsection (u) of Section 8 of this Act;
|
||
(v) He or she is not a person with an intellectual |
||
disability;
|
||
(vi) He or she is not a noncitizen who is |
||
unlawfully present in the
United States under the laws |
||
of the United States;
|
||
(vii) He or she is not subject to an existing order |
||
of protection
prohibiting him or her from possessing a |
||
firearm;
|
||
(viii) He or she has not been convicted within the |
||
past 5 years of
battery, assault, aggravated assault, |
||
violation of an order of
protection, or a |
substantially similar offense in another jurisdiction, |
||
in
which a firearm was used or possessed;
|
||
(ix) He or she has not been convicted of domestic |
||
battery, aggravated domestic battery, or a
|
||
substantially similar offense in another
jurisdiction |
||
committed before, on or after January 1, 2012 (the |
||
effective date of Public Act 97-158). If the applicant |
||
knowingly and intelligently waives the right to have |
||
an offense described in this clause (ix) tried by a |
||
jury, and by guilty plea or otherwise, results in a |
||
conviction for an offense in which a domestic |
||
relationship is not a required element of the offense |
||
but in which a determination of the applicability of |
||
18 U.S.C. 922(g)(9) is made under Section 112A-11.1 of |
||
the Code of Criminal Procedure of 1963, an entry by the |
||
court of a judgment of conviction for that offense |
||
shall be grounds for denying the issuance of a Firearm |
||
Owner's Identification Card under this Section;
|
||
(x) (Blank);
|
||
(xi) He or she is not a noncitizen who has been |
||
admitted to the United
States under a non-immigrant |
||
visa (as that term is defined in Section
101(a)(26) of |
||
the Immigration and Nationality Act (8 U.S.C. |
||
1101(a)(26))),
or that he or she is a noncitizen who |
||
has been lawfully admitted to the United
States under |
||
a non-immigrant visa if that noncitizen is:
|
(1) admitted to the United States for lawful |
||
hunting or sporting
purposes;
|
||
(2) an official representative of a foreign |
||
government who is:
|
||
(A) accredited to the United States |
||
Government or the Government's
mission to an |
||
international organization having its |
||
headquarters in the United
States; or
|
||
(B) en route to or from another country to |
||
which that noncitizen is
accredited;
|
||
(3) an official of a foreign government or |
||
distinguished foreign
visitor who has been so |
||
designated by the Department of State;
|
||
(4) a foreign law enforcement officer of a |
||
friendly foreign
government entering the United |
||
States on official business; or
|
||
(5) one who has received a waiver from the |
||
Attorney General of the
United States pursuant to |
||
18 U.S.C. 922(y)(3);
|
||
(xii) He or she is not a minor subject to a |
||
petition filed
under Section 5-520 of the Juvenile |
||
Court Act of 1987 alleging that the
minor is a |
||
delinquent minor for the commission of an offense that |
||
if
committed by an adult would be a felony;
|
||
(xiii) He or she is not an adult who had been |
||
adjudicated a delinquent
minor under the Juvenile |
Court Act of 1987 for the commission of an offense
that |
||
if committed by an adult would be a felony;
|
||
(xiv) He or she is a resident of the State of |
||
Illinois; |
||
(xv) He or she has not been adjudicated as a person |
||
with a mental disability; |
||
(xvi) He or she has not been involuntarily |
||
admitted into a mental health facility; and |
||
(xvii) He or she is not a person with a |
||
developmental disability; and |
||
(3) Upon request by the Illinois State Police, sign a |
||
release on a
form prescribed by the Illinois State Police |
||
waiving any right to
confidentiality and requesting the |
||
disclosure to the Illinois State Police
of limited mental |
||
health institution admission information from another |
||
state,
the District of Columbia, any other territory of |
||
the United States, or a
foreign nation concerning the |
||
applicant for the sole purpose of determining
whether the |
||
applicant is or was a patient in a mental health |
||
institution and
disqualified because of that status from |
||
receiving a Firearm Owner's
Identification Card. No mental |
||
health care or treatment records may be
requested. The |
||
information received shall be destroyed within one year of
|
||
receipt.
|
||
(a-5) Each applicant for a Firearm Owner's Identification |
||
Card who is over
the age of 18 shall furnish to the Illinois |
State Police either his or
her Illinois driver's license |
||
number or Illinois Identification Card number, except as
|
||
provided in subsection (a-10).
|
||
(a-10) Each applicant for a Firearm Owner's Identification |
||
Card,
who is employed as a law enforcement officer, an armed |
||
security officer in Illinois, or by the United States Military
|
||
permanently assigned in Illinois and who is not an Illinois |
||
resident, shall furnish to
the Illinois State Police his or |
||
her driver's license number or state
identification card |
||
number from his or her state of residence. The Illinois State |
||
Police may adopt rules to enforce the provisions of this
|
||
subsection (a-10).
|
||
(a-15) If an applicant applying for a Firearm Owner's |
||
Identification Card moves from the residence address named in |
||
the application, he or she shall immediately notify in a form |
||
and manner prescribed by the Illinois State Police of that |
||
change of address. |
||
(a-20) Each applicant for a Firearm Owner's Identification |
||
Card shall furnish to the Illinois State Police his or her |
||
photograph. An applicant who is 21 years of age or older |
||
seeking a religious exemption to the photograph requirement |
||
must furnish with the application an approved copy of United |
||
States Department of the Treasury Internal Revenue Service |
||
Form 4029. In lieu of a photograph, an applicant regardless of |
||
age seeking a religious exemption to the photograph |
||
requirement shall submit fingerprints on a form and manner |
prescribed by the Illinois State Police with his or her |
||
application. |
||
(a-25) Beginning January 1, 2023, each applicant for the |
||
issuance of a Firearm Owner's Identification Card may include |
||
a full set of his or her fingerprints in electronic format to |
||
the Illinois State Police, unless the applicant has previously |
||
provided a full set of his or her fingerprints to the Illinois |
||
State Police under this Act or the Firearm Concealed Carry |
||
Act. |
||
The fingerprints must be transmitted through a live scan |
||
fingerprint vendor licensed by the Department of Financial and |
||
Professional Regulation. The fingerprints shall be checked |
||
against the fingerprint records now and hereafter filed in the |
||
Illinois State Police and Federal Bureau of Investigation |
||
criminal history records databases, including all available |
||
State and local criminal history record information files. |
||
The Illinois State Police shall charge applicants a |
||
one-time fee for conducting the criminal history record check, |
||
which shall be deposited into the State Police Services Fund |
||
and shall not exceed the actual cost of the State and national |
||
criminal history record check. |
||
(a-26) The Illinois State Police shall research, explore, |
||
and report to the General Assembly by January 1, 2022 on the |
||
feasibility of permitting voluntarily submitted fingerprints |
||
obtained for purposes other than Firearm Owner's |
||
Identification Card enforcement that are contained in the |
affidavit form is a violation of this Act and is also |
||
punishable as perjury under Section 32-2 of the Criminal Code |
||
of 2012.
|
||
(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 |
||
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 |
||
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 |
||
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 |
||
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 |
||
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. |
||
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.)
|
||
Section 15. The Firearms Restraining Order Act is amended |
||
by changing Sections 40, 45, and 55 as follows:
|
||
(430 ILCS 67/40)
|
||
Sec. 40. Plenary Six-month orders.
|
||
(a) A petitioner may request a 6-month 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 |
||
the duration of time that the petitioner intends to petition |
||
the court for a 6-month firearms restraining order, and, if |
||
the petitioner is a law enforcement officer, referral to |
||
relevant domestic violence or stalking advocacy or counseling |
||
resources, if appropriate. The petitioner shall attest to |
||
having provided the notice in the filed affidavit or verified |
||
pleading. If, after making a good faith effort, the petitioner |
||
is unable to provide notice to any or all intimate partners, |
||
the affidavit or verified pleading should describe what |
||
efforts were made. |
||
(c) Every person who files a petition for a plenary |
||
6-month firearms restraining order, knowing the information |
||
provided to the court at any hearing or in the affidavit or |
||
verified pleading to be false, is guilty of perjury under |
||
Section 32-2 of the Criminal Code of 2012.
|
||
(d) Upon receipt of a petition for a plenary 6-month |
||
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 |
||
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 |
||
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, 6 |
||
months subject to renewal under Section 45 of this Act or |
||
termination under that Section. |
||
(g-5) If the court issues a plenary 6-month firearms |
||
restraining order, it shall, upon a finding of probable cause |
||
that the respondent possesses firearms, ammunition, and |
||
firearm parts that could
be assembled to make an operable |
||
firearm, issue a search warrant directing a law enforcement |
||
agency to seize the respondent's firearms, ammunition, and |
||
firearm parts that could
be assembled to make an operable |
||
firearm. The court may, as part of that warrant, direct the law |
||
enforcement agency to search the respondent's residence and |
||
other places where the court finds there is probable cause to |
||
believe he or she is likely to possess the firearms, |
||
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 6-month firearms restraining order shall |
||
require: |
||
(1) the respondent to refrain from having in his or |
||
her custody or control, purchasing, possessing, or |
||
receiving additional firearms, ammunition, and firearm |
||
parts that could
be assembled to make an operable firearm |
||
for the duration of the order under Section 8.2 of the |
||
Firearm Owners Identification Card Act; and |
||
(2) the respondent to comply with Section 9.5 of the |
||
Firearm Owners Identification Card Act and subsection (g) |
||
of Section 70 of the Firearm Concealed Carry Act. |
||
(i) Except as otherwise provided in subsection (i-5) of |
||
this Section, upon expiration of the period of safekeeping, if |
||
the firearms, ammunition, and firearm parts that could
be |
||
assembled to make an operable firearm or Firearm Owner's |
||
Identification Card cannot be returned to the respondent |
||
because the respondent cannot be located, fails to respond to |
||
requests to retrieve the firearms, ammunition, and firearm |
||
parts that could
be assembled to make an operable firearm, or |
||
is not lawfully eligible to possess a firearm, ammunition, and |
||
firearm parts that could
be assembled to make an operable |
||
firearm, upon petition from the local law enforcement agency, |
||
the court may order the local law enforcement agency to |
||
destroy the firearms, ammunition, and firearm parts that could |
||
be assembled to make an operable firearm, use the firearms, |
||
ammunition, and firearm parts that could
be assembled to make |
an operable firearm for training purposes, or use the |
||
firearms, ammunition, and firearm parts that could
be |
||
assembled to make an operable firearm for any other |
||
application as deemed appropriate by the local law enforcement |
||
agency. |
||
(i-5) A respondent whose Firearm Owner's Identification |
||
Card has been revoked or suspended may petition the court, if |
||
the petitioner is present in court or has notice of the |
||
respondent's petition, to transfer the respondent's firearm, |
||
ammunition, and firearm parts that could
be assembled to make |
||
an operable firearm to a person who is lawfully able to possess |
||
the firearm, ammunition, and firearm parts that could
be |
||
assembled to make an operable firearm if the person does not |
||
reside at the same address as the respondent. Notice of the |
||
petition shall be served upon the person protected by the |
||
emergency firearms restraining order. While the order is in |
||
effect, the transferee who receives the respondent's firearms, |
||
ammunition, and firearm parts that could be assembled to make |
||
an operable firearm must swear or affirm by affidavit that he |
||
or she shall not transfer the firearm, ammunition, and firearm |
||
parts that could
be assembled to make an operable firearm to |
||
the respondent or to anyone residing in the same residence as |
||
the respondent. |
||
(i-6) If a person other than the respondent claims title |
||
to any firearms, ammunition, and firearm parts that could
be |
||
assembled to make an operable firearm surrendered under this |
Section, he or she may petition the court, if the petitioner is |
||
present in court or has notice of the petition, to have the |
||
firearm, ammunition, and firearm parts that could be assembled |
||
to make an operable firearm returned to him or her. If the |
||
court determines that person to be the lawful owner of the |
||
firearm, ammunition, and firearm parts that could be assembled |
||
to make an operable firearm, the firearm, ammunition, and |
||
firearm parts that could
be assembled to make an operable |
||
firearm shall be returned to him or her, provided that: |
||
(1) the firearm,
ammunition, and firearm parts that |
||
could be assembled to make
an operable firearm are removed |
||
from the respondent's custody, control, or possession and |
||
the lawful owner agrees to store the firearm, ammunition, |
||
and firearm parts that could
be assembled to make an |
||
operable firearm in a manner such that the respondent does |
||
not have access to or control of the firearm, ammunition, |
||
and firearm parts that could
be assembled to make an |
||
operable firearm; and |
||
(2) the firearm,
ammunition, and firearm parts that |
||
could be assembled to make
an operable firearm are not |
||
otherwise unlawfully possessed by the owner. |
||
The person petitioning for the return of his or her |
||
firearm, ammunition, and firearm parts that could
be assembled |
||
to make an operable firearm must swear or affirm by affidavit |
||
that he or she: (i) is the lawful owner of the firearm, |
||
ammunition, and firearm parts that could be assembled to make |
an operable firearm; (ii) shall not transfer the firearm, |
||
ammunition, and firearm parts that could
be assembled to make |
||
an operable firearm to the respondent; and (iii) will store |
||
the firearm, ammunition, and firearm parts that could be |
||
assembled to make an operable firearm in a manner that the |
||
respondent does not have access to or control of the firearm, |
||
ammunition, and firearm parts that could
be assembled to make |
||
an operable firearm. |
||
(j) If the court does not issue a firearms restraining |
||
order at the hearing, the court shall dissolve any emergency |
||
firearms restraining order then in effect. |
||
(k) When the court issues a firearms restraining order |
||
under this Section, the court shall inform the respondent that |
||
he or she is entitled to one hearing during the period of the |
||
order to request a termination of the order, under Section 45 |
||
of this Act, and shall provide the respondent with a form to |
||
request a hearing.
|
||
(Source: P.A. 101-81, eff. 7-12-19; 102-237, eff. 1-1-22; |
||
102-345, eff. 6-1-22; 102-538, eff. 8-20-21; 102-813, eff. |
||
5-13-22.) |
||
(430 ILCS 67/45) |
||
Sec. 45. Termination and renewal.
|
||
(a) A person subject to a firearms restraining order |
||
issued under this Act may submit one written request at any |
||
time during the effective period of the order for a hearing to |
terminate the order. |
||
(1) The respondent shall have the burden of proving by |
||
a preponderance of the evidence that the respondent does |
||
not pose a danger of causing personal injury to himself, |
||
herself, or another in the near future by having in his or |
||
her custody or control, purchasing, possessing, or |
||
receiving a firearm, ammunition, and firearm parts that |
||
could
be assembled to make an operable firearm. |
||
(2) If the court finds after the hearing that the |
||
respondent has met his or her burden, the court shall |
||
terminate the order.
|
||
(b) A petitioner may request a renewal of a firearms |
||
restraining order at any time within the 3 months before the |
||
expiration of a firearms restraining order. |
||
(1) A court shall, after notice and a hearing, renew a |
||
firearms restraining order issued under this part if the |
||
petitioner proves, by clear and convincing evidence, that |
||
the respondent continues to pose a danger of causing |
||
personal injury to himself, herself, or another in the |
||
near future by having in his or her custody or control, |
||
purchasing, possessing, or receiving a firearm, |
||
ammunition, and firearm parts that could be assembled to |
||
make an operable firearm. |
||
(2) In determining whether to renew a firearms |
||
restraining order issued under this Act, the court shall |
||
consider evidence of the facts identified in subsection |
firearms restraining order shall be entered in the Law |
||
Enforcement Agencies Data System (LEADS) on the same day it is |
||
issued by the court. If an emergency firearms restraining |
||
order was issued in accordance with Section 35 of this Act, the |
||
order shall be entered in the Law Enforcement Agencies Data |
||
System (LEADS) as soon as possible after receipt from the |
||
clerk. |
||
(b) The Illinois State Police shall maintain a complete |
||
and systematic record and index of all valid and recorded |
||
firearms restraining orders issued or filed under this Act. |
||
The data shall be used to inform all dispatchers and law |
||
enforcement officers at the scene of a violation of a firearms |
||
restraining order of the effective dates and terms of any |
||
recorded order of protection.
|
||
(c) The data, records, and transmittals required under |
||
this Section shall pertain to any valid emergency or plenary |
||
6-month firearms restraining order, whether issued in a civil |
||
or criminal proceeding or authorized under the laws of another |
||
state, tribe, or United States territory.
|
||
(Source: P.A. 101-81, eff. 7-12-19; 102-538, eff. 8-20-21.) |
||
Section 25. The Criminal Code of 2012 is amended by |
||
changing Section 24-1 and by adding Sections 24-1.9 and |
||
24-1.10 as follows:
|
||
(720 ILCS 5/24-1) (from Ch. 38, par. 24-1)
|
Sec. 24-1. Unlawful use of weapons.
|
||
(a) A person commits the offense of unlawful use of |
||
weapons when
he knowingly:
|
||
(1) Sells, manufactures, purchases, possesses or |
||
carries any bludgeon,
black-jack, slung-shot, sand-club, |
||
sand-bag, metal knuckles or other knuckle weapon |
||
regardless of its composition, throwing star,
or any |
||
knife, commonly referred to as a switchblade knife, which |
||
has a
blade that opens automatically by hand pressure |
||
applied to a button,
spring or other device in the handle |
||
of the knife, or a ballistic knife,
which is a device that |
||
propels a knifelike blade as a projectile by means
of a |
||
coil spring, elastic material or compressed gas; or
|
||
(2) Carries or possesses with intent to use the same |
||
unlawfully
against another, a dagger, dirk, billy, |
||
dangerous knife, razor,
stiletto, broken bottle or other |
||
piece of glass, stun gun or taser or
any other dangerous or |
||
deadly weapon or instrument of like character; or
|
||
(2.5) Carries or possesses with intent to use the same |
||
unlawfully against another, any firearm in a church, |
||
synagogue, mosque, or other building, structure, or place |
||
used for religious worship; or |
||
(3) Carries on or about his person or in any vehicle, a |
||
tear gas gun
projector or bomb or any object containing |
||
noxious liquid gas or
substance, other than an object |
||
containing a non-lethal noxious liquid gas
or substance |
designed solely for personal defense carried by a person |
||
18
years of age or older; or
|
||
(4) Carries or possesses in any vehicle or concealed |
||
on or about his
person except when on his land or in his |
||
own abode, legal dwelling, or fixed place of
business, or |
||
on the land or in the legal dwelling of another person as |
||
an invitee with that person's permission, any pistol, |
||
revolver, stun gun or taser or other firearm, except
that
|
||
this subsection (a) (4) does not apply to or affect |
||
transportation of weapons
that meet one of the following |
||
conditions:
|
||
(i) are broken down in a non-functioning state; or
|
||
(ii) are not immediately accessible; or
|
||
(iii) are unloaded and enclosed in a case, firearm |
||
carrying box,
shipping box, or other container by a |
||
person who has been issued a currently
valid Firearm |
||
Owner's
Identification Card; or |
||
(iv) are carried or possessed in accordance with |
||
the Firearm Concealed Carry Act by a person who has |
||
been issued a currently valid license under the |
||
Firearm Concealed Carry Act; or
|
||
(5) Sets a spring gun; or
|
||
(6) Possesses any device or attachment of any kind |
||
designed, used or
intended for use in silencing the report |
||
of any firearm; or
|
||
(7) Sells, manufactures, purchases, possesses or |
carries:
|
||
(i) a machine gun, which shall be defined for the |
||
purposes of this
subsection as any weapon,
which |
||
shoots, is designed to shoot, or can be readily |
||
restored to shoot,
automatically more than one shot |
||
without manually reloading by a single
function of the |
||
trigger, including the frame or receiver
of any such |
||
weapon, or sells, manufactures, purchases, possesses, |
||
or
carries any combination of parts designed or |
||
intended for
use in converting any weapon into a |
||
machine gun, or any combination or
parts from which a |
||
machine gun can be assembled if such parts are in the
|
||
possession or under the control of a person;
|
||
(ii) any rifle having one or
more barrels less |
||
than 16 inches in length or a shotgun having one or |
||
more
barrels less than 18 inches in length or any |
||
weapon made from a rifle or
shotgun, whether by |
||
alteration, modification, or otherwise, if such a |
||
weapon
as modified has an overall length of less than |
||
26 inches; or
|
||
(iii) any
bomb, bomb-shell, grenade, bottle or |
||
other container containing an
explosive substance of |
||
over one-quarter ounce for like purposes, such
as, but |
||
not limited to, black powder bombs and Molotov |
||
cocktails or
artillery projectiles; or
|
||
(8) Carries or possesses any firearm, stun gun or |
taser or other
deadly weapon in any place which is |
||
licensed to sell intoxicating
beverages, or at any public |
||
gathering held pursuant to a license issued
by any |
||
governmental body or any public gathering at which an |
||
admission
is charged, excluding a place where a showing, |
||
demonstration or lecture
involving the exhibition of |
||
unloaded firearms is conducted.
|
||
This subsection (a)(8) does not apply to any auction |
||
or raffle of a firearm
held pursuant to
a license or permit |
||
issued by a governmental body, nor does it apply to |
||
persons
engaged
in firearm safety training courses; or
|
||
(9) Carries or possesses in a vehicle or on or about |
||
his or her person any
pistol, revolver, stun gun or taser |
||
or firearm or ballistic knife, when
he or she is hooded, |
||
robed or masked in such manner as to conceal his or her |
||
identity; or
|
||
(10) Carries or possesses on or about his or her |
||
person, upon any public street,
alley, or other public |
||
lands within the corporate limits of a city, village,
or |
||
incorporated town, except when an invitee thereon or |
||
therein, for the
purpose of the display of such weapon or |
||
the lawful commerce in weapons, or
except when on his land |
||
or in his or her own abode, legal dwelling, or fixed place |
||
of business, or on the land or in the legal dwelling of |
||
another person as an invitee with that person's |
||
permission, any
pistol, revolver, stun gun, or taser or |
other firearm, except that this
subsection (a) (10) does |
||
not apply to or affect transportation of weapons that
meet |
||
one of the following conditions:
|
||
(i) are broken down in a non-functioning state; or
|
||
(ii) are not immediately accessible; or
|
||
(iii) are unloaded and enclosed in a case, firearm |
||
carrying box,
shipping box, or other container by a |
||
person who has been issued a currently
valid Firearm |
||
Owner's
Identification Card; or
|
||
(iv) are carried or possessed in accordance with |
||
the Firearm Concealed Carry Act by a person who has |
||
been issued a currently valid license under the |
||
Firearm Concealed Carry Act. |
||
A "stun gun or taser", as used in this paragraph (a) |
||
means (i) any device
which is powered by electrical |
||
charging units, such as, batteries, and
which fires one or |
||
several barbs attached to a length of wire and
which, upon |
||
hitting a human, can send out a current capable of |
||
disrupting
the person's nervous system in such a manner as |
||
to render him incapable of
normal functioning or (ii) any |
||
device which is powered by electrical
charging units, such |
||
as batteries, and which, upon contact with a human or
|
||
clothing worn by a human, can send out current capable of |
||
disrupting
the person's nervous system in such a manner as |
||
to render him incapable
of normal functioning; or
|
||
(11) Sells, manufactures, delivers, imports, |
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
|
||
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 |
||
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 |
||
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 |
||
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 |
(III) MAADI AK47 and ARM. |
||
(IV) Norinco 56S, 56S2, 84S, and 86S. |
||
(V) Poly Technologies AK47 and AKS. |
||
(VI) SKS with a detachable magazine. |
||
(ii) all AR types, including the following: |
||
(I) AR–10. |
||
(II) AR–15. |
||
(III) Alexander Arms Overmatch Plus 16. |
||
(IV) Armalite M15 22LR Carbine. |
||
(V) Armalite M15–T. |
||
(VI) Barrett REC7. |
||
(VII) Beretta AR–70. |
||
(VIII) Black Rain Ordnance Recon Scout. |
||
(IX) Bushmaster ACR. |
||
(X) Bushmaster Carbon 15. |
||
(XI) Bushmaster MOE series. |
||
(XII) Bushmaster XM15. |
||
(XIII) Chiappa Firearms MFour rifles. |
||
(XIV) Colt Match Target rifles. |
||
(XV) CORE Rifle Systems CORE15 rifles. |
||
(XVI) Daniel Defense M4A1 rifles. |
||
(XVII) Devil Dog Arms 15 Series rifles. |
||
(XVIII) Diamondback DB15 rifles. |
||
(XIX) DoubleStar AR rifles. |
||
(XX) DPMS Tactical rifles. |
||
(XXI) DSA Inc. ZM–4 Carbine. |
(XXII) Heckler & Koch MR556. |
||
(XXIII) High Standard HSA–15 rifles. |
||
(XXIV) Jesse James Nomad AR–15 rifle. |
||
(XXV) Knight's Armament SR–15. |
||
(XXVI) Lancer L15 rifles. |
||
(XXVII) MGI Hydra Series rifles. |
||
(XXVIII) Mossberg MMR Tactical rifles. |
||
(XXIX) Noreen Firearms BN 36 rifle. |
||
(XXX) Olympic Arms. |
||
(XXXI) POF USA P415. |
||
(XXXII) Precision Firearms AR rifles. |
||
(XXXIII) Remington R–15 rifles. |
||
(XXXIV) Rhino Arms AR rifles. |
||
(XXXV) Rock River Arms LAR–15 or Rock River |
||
Arms LAR–47. |
||
(XXXVI) Sig Sauer SIG516 rifles and MCX |
||
rifles. |
||
(XXXVII) Smith & Wesson M&P15 rifles. |
||
(XXXVIII) Stag Arms AR rifles. |
||
(XXXIX) Sturm, Ruger & Co. SR556 and AR–556 |
||
rifles. |
||
(XL) Uselton Arms Air-Lite M–4 rifles. |
||
(XLI) Windham Weaponry AR rifles. |
||
(XLII) WMD Guns Big Beast. |
||
(XLIII) Yankee Hill Machine Company, Inc. |
||
YHM–15 rifles. |
(iii) Barrett M107A1. |
||
(iv) Barrett M82A1. |
||
(v) Beretta CX4 Storm. |
||
(vi) Calico Liberty Series. |
||
(vii) CETME Sporter. |
||
(viii) Daewoo K–1, K–2, Max 1, Max 2, AR 100, and |
||
AR 110C. |
||
(ix) Fabrique Nationale/FN Herstal FAL, LAR, 22 |
||
FNC, 308 Match, L1A1
Sporter, PS90, SCAR, and FS2000. |
||
(x) Feather Industries AT–9. |
||
(xi) Galil Model AR and Model ARM. |
||
(xii) Hi-Point Carbine. |
||
(xiii) HK–91, HK–93, HK–94, HK–PSG–1, and HK USC. |
||
(xiv) IWI TAVOR, Galil ACE rifle. |
||
(xv) Kel-Tec Sub-2000, SU–16, and RFB. |
||
(xvi) SIG AMT, SIG PE–57, Sig Sauer SG 550, Sig |
||
Sauer SG 551, and SIG
MCX. |
||
(xvii) Springfield Armory SAR–48. |
||
(xviii) Steyr AUG. |
||
(xix) Sturm, Ruger & Co. Mini-14 Tactical Rifle |
||
M–14/20CF. |
||
(xx) All Thompson rifles, including the following: |
||
(I) Thompson M1SB. |
||
(II) Thompson T1100D. |
||
(III) Thompson T150D. |
||
(IV) Thompson T1B. |
(V) Thompson T1B100D. |
||
(VI) Thompson T1B50D. |
||
(VII) Thompson T1BSB. |
||
(VIII) Thompson T1–C. |
||
(IX) Thompson T1D. |
||
(X) Thompson T1SB. |
||
(XI) Thompson T5. |
||
(XII) Thompson T5100D. |
||
(XIII) Thompson TM1. |
||
(XIV) Thompson TM1C. |
||
(xxi) UMAREX UZI rifle. |
||
(xxii) UZI Mini Carbine, UZI Model A Carbine, and |
||
UZI Model B Carbine. |
||
(xxiii) Valmet M62S, M71S, and M78. |
||
(xxiv) Vector Arms UZI Type. |
||
(xxv) Weaver Arms Nighthawk. |
||
(xxvi) Wilkinson Arms Linda Carbine. |
||
(K) All of the following pistols, copies, duplicates, |
||
variants, or altered facsimiles with the
capability of any |
||
such weapon thereof: |
||
(i) All AK types, including the following: |
||
(I) Centurion 39 AK pistol. |
||
(II) CZ Scorpion pistol. |
||
(III) Draco AK–47 pistol. |
||
(IV) HCR AK–47 pistol. |
||
(V) IO Inc. Hellpup AK–47 pistol. |
(VI) Krinkov pistol. |
||
(VII) Mini Draco AK–47 pistol. |
||
(VIII) PAP M92 pistol. |
||
(IX) Yugo Krebs Krink pistol. |
||
(ii) All AR types, including the following: |
||
(I) American Spirit AR–15 pistol. |
||
(II) Bushmaster Carbon 15 pistol. |
||
(III) Chiappa Firearms M4 Pistol GEN II. |
||
(IV) CORE Rifle Systems CORE15 Roscoe pistol. |
||
(V) Daniel Defense MK18 pistol. |
||
(VI) DoubleStar Corporation AR pistol. |
||
(VII) DPMS AR–15 pistol. |
||
(VIII) Jesse James Nomad AR–15 pistol. |
||
(IX) Olympic Arms AR–15 pistol. |
||
(X) Osprey Armament MK–18 pistol. |
||
(XI) POF USA AR pistols. |
||
(XII) Rock River Arms LAR 15 pistol. |
||
(XIII) Uselton Arms Air-Lite M–4 pistol. |
||
(iii) Calico pistols. |
||
(iv) DSA SA58 PKP FAL pistol. |
||
(v) Encom MP–9 and MP–45. |
||
(vi) Heckler & Koch model SP–89 pistol. |
||
(vii) Intratec AB–10, TEC–22 Scorpion, TEC–9, and |
||
TEC–DC9. |
||
(viii) IWI Galil Ace pistol, UZI PRO pistol. |
||
(ix) Kel-Tec PLR 16 pistol. |
(x) All MAC types, including the following: |
||
(I) MAC–10. |
||
(II) MAC–11. |
||
(III) Masterpiece Arms MPA A930 Mini Pistol, |
||
MPA460 Pistol, MPA
Tactical Pistol, and MPA Mini |
||
Tactical Pistol. |
||
(IV) Military Armament Corp. Ingram M–11. |
||
(V) Velocity Arms VMAC. |
||
(xi) Sig Sauer P556 pistol. |
||
(xii) Sites Spectre. |
||
(xiii) All Thompson types, including the |
||
following: |
||
(I) Thompson TA510D. |
||
(II) Thompson TA5. |
||
(xiv) All UZI types, including Micro-UZI. |
||
(L) All of the following shotguns, copies, duplicates, |
||
variants, or altered facsimiles with
the capability of any |
||
such weapon thereof: |
||
(i) DERYA Anakon MC–1980, Anakon SD12. |
||
(ii) Doruk Lethal shotguns. |
||
(iii) Franchi LAW–12 and SPAS 12. |
||
(iv) All IZHMASH Saiga 12 types, including the |
||
following: |
||
(I) IZHMASH Saiga 12. |
||
(II) IZHMASH Saiga 12S. |
||
(III) IZHMASH Saiga 12S EXP–01. |
any antique firearm, any shotgun including a shotgun that has |
||
a rifle barrel, or any muzzle-loader which uses black powder |
||
for hunting or historical reenactments. |
||
(6) ".50 caliber cartridge" means a cartridge in .50 BMG |
||
caliber, either by designation or actual measurement, that is |
||
capable of being fired from a centerfire rifle. The term ".50 |
||
caliber cartridge" does not include any memorabilia or display |
||
item that is filled with a permanent inert substance or that is |
||
otherwise permanently altered in a manner that prevents ready |
||
modification for use as live ammunition or shotgun ammunition |
||
with a caliber measurement that is equal to or greater than .50 |
||
caliber. |
||
(7) "Detachable magazine" means an ammunition feeding |
||
device that may be removed from a firearm without disassembly |
||
of the firearm action, including an ammunition feeding device |
||
that may be readily removed from a firearm with the use of a |
||
bullet, cartridge, accessory, or other tool, or any other |
||
object that functions as a tool, including a bullet or |
||
cartridge. |
||
(8) "Fixed magazine" means an ammunition feeding device |
||
that is permanently attached to a firearm, or contained in and |
||
not removable from a firearm, or that is otherwise not a |
||
detachable magazine, but does not include an attached tubular |
||
device designed to accept, and capable of operating only with, |
||
.22 caliber rimfire ammunition. |
||
(b) Except as provided in subsections (c), (d), and (e), |
of this amendatory Act of the 102nd General Assembly; or |
||
(ii) inherited the assault weapon, assault weapon |
||
attachment, .50 caliber rifle, or .50 caliber cartridge |
||
from a person with an endorsement under this Section or |
||
from a person authorized under subdivisions (1) through |
||
(5) of subsection (e) to possess the assault weapon, |
||
assault weapon attachment, .50 caliber rifle, or .50 |
||
caliber cartridge; and |
||
(3) the make, model, caliber, and serial number of the |
||
.50 caliber rifle or assault weapon or assault weapons |
||
listed in paragraphs (J), (K), and (L) of subdivision (1) |
||
of subsection (a) of this Section possessed by the affiant |
||
prior to the effective date of this amendatory Act of the |
||
102nd General Assembly and any assault weapons identified |
||
and published by the Illinois State Police pursuant to |
||
this subdivision (3).
No later than October 1, 2023, and |
||
every October 1 thereafter, the Illinois State Police |
||
shall, via rulemaking, identify, publish, and make |
||
available on its website, the list of assault weapons |
||
subject to an endorsement affidavit under this subsection |
||
(d). The list shall identify, but is not limited to, the |
||
copies, duplicates, variants, and altered facsimiles of |
||
the assault weapons identified in paragraphs (J), (K), and |
||
(L) of subdivision (1) of subsection (a) of this Section |
||
and shall be consistent with the definition of "assault |
||
weapon" identified in this Section.
The Illinois State |
(2) Qualified law enforcement officers and qualified |
||
retired law enforcement officers as defined in the Law |
||
Enforcement Officers Safety Act of 2004 (18 U.S.C. 926B |
||
and 926C) and as recognized under Illinois law. |
||
(3) Acquisition and possession by a federal, State, or |
||
local law enforcement agency for the purpose of equipping |
||
the agency's peace officers as defined in paragraph (1) or |
||
(2) of this subsection (e). |
||
(4) Wardens, superintendents, and keepers of prisons, |
||
penitentiaries, jails, and other institutions for the |
||
detention of persons accused or convicted of an offense. |
||
(5) Members of the Armed Services or Reserve Forces of |
||
the United States or the Illinois National Guard, while |
||
performing their official duties or while traveling to or |
||
from their places of duty. |
||
(6) Any company that employs armed security officers |
||
in this State at a nuclear energy, storage, weapons, or |
||
development site or facility regulated by the federal |
||
Nuclear Regulatory Commission and any person employed as |
||
an armed security force member at a nuclear energy, |
||
storage, weapons, or development site or facility |
||
regulated by the federal Nuclear Regulatory Commission who |
||
has completed the background screening and training |
||
mandated by the rules and regulations of the federal |
||
Nuclear Regulatory Commission and while performing |
||
official duties. |
(7) Any private security contractor agency licensed |
||
under the Private Detective, Private Alarm, Private |
||
Security, Fingerprint Vendor, and Locksmith Act of 2004 |
||
that employs private security contractors and any private |
||
security contractor who is licensed and has been issued a |
||
firearm control card under the Private Detective, Private |
||
Alarm, Private Security, Fingerprint Vendor, and Locksmith |
||
Act of 2004 while performing official duties. |
||
The provisions of this Section do not apply to the |
||
manufacture, delivery, sale, import, purchase, or possession |
||
of an assault weapon, assault weapon attachment, .50 caliber |
||
rifle, or .50 caliber cartridge or causing the manufacture, |
||
delivery, sale, importation, purchase, or possession of those |
||
items: |
||
(A) for sale or transfer to persons authorized under |
||
subdivisions (1) through (7) of this subsection (e) to |
||
possess those items; |
||
(B) for sale or transfer to the United States or any |
||
department or agency thereof; or |
||
(C) for sale or transfer in another state or for |
||
export. |
||
This Section does not apply to or affect any of the |
||
following: |
||
(i) Possession of any firearm if that firearm is |
||
sanctioned by the International Olympic Committee and by |
||
USA Shooting, the national governing body for |
(iii) Possession of a weapon at an event taking place |
||
at the World Shooting and Recreational Complex at Sparta, |
||
only while engaged in the legal use of the weapon, or while |
||
traveling to or from that location if the weapon is broken |
||
down in a nonfunctioning state, is not immediately |
||
accessible, or is unloaded and enclosed in a firearm case, |
||
carrying box, shipping box, or other similar portable |
||
container designed for the safe transportation of |
||
firearms. |
||
(iv) Possession of a weapon only for hunting use |
||
expressly permitted under the Wildlife Code, or while |
||
traveling to or from a location authorized for this |
||
hunting use under the Wildlife Code if the weapon is |
||
broken down in a nonfunctioning state, is not immediately |
||
accessible, or is unloaded and enclosed in a firearm case, |
||
carrying box, shipping box, or other similar portable |
||
container designed for the safe transportation of |
||
firearms. By October 1, 2023, the Illinois State Police, |
||
in consultation with the Department of Natural Resources, |
||
shall adopt rules concerning the list of applicable |
||
weapons approved under this subparagraph (iv). The |
||
Illinois State Police may adopt emergency rules in |
||
accordance with Section 5-45 of the Illinois |
||
Administrative Procedure Act. The adoption of emergency |
||
rules authorized by Section 5-45 of the Illinois |
||
Administrative Procedure Act and this paragraph is deemed |
carrying box, shipping box, or other container. |
||
A person authorized under this Section to possess a large |
||
capacity ammunition feeding device may transfer the large |
||
capacity ammunition feeding device only to an heir, an |
||
individual residing in another state maintaining it in another |
||
state, or a dealer licensed as a federal firearms dealer under |
||
Section 923 of the federal Gun Control Act of 1968. Within 10 |
||
days after transfer of the large capacity ammunition feeding |
||
device except to an heir, the person shall notify the Illinois |
||
State Police of the name and address of the transferee and |
||
comply with the requirements of subsection (b) of Section 3 of |
||
the Firearm Owners Identification Card Act. The person to whom |
||
the large capacity ammunition feeding device is transferred |
||
shall, within 60 days of the transfer, notify the Illinois |
||
State Police of the person's acquisition and comply with the |
||
requirements of subsection (b) of Section 3 of the Firearm |
||
Owners Identification Card Act. A person to whom the large |
||
capacity ammunition feeding device is transferred may transfer |
||
it only as provided in this subsection. |
||
Except as provided in subsections (e) and (f) and |
||
beginning 90 days after the effective date of this amendatory |
||
Act of the 102nd General Assembly, any person who moves into |
||
this State in possession of a large capacity ammunition |
||
feeding device shall, within 60 days, apply for a Firearm |
||
Owners Identification Card. |
||
(e) The provisions of this Section regarding the purchase |
or possession of large capacity ammunition feeding devices, as |
||
well as the provisions of this Section that prohibit causing |
||
those items to be purchased or possessed, do not apply to: |
||
(1) Peace officers as defined in Section 2-13 of this |
||
Code. |
||
(2) Qualified law enforcement officers and qualified |
||
retired law enforcement officers as defined in the Law |
||
Enforcement Officers Safety Act of 2004 (18 U.S.C. 926B |
||
and 926C) and as recognized under Illinois law. |
||
(3) A federal, State, or local law enforcement agency |
||
for the purpose of equipping the agency's peace officers |
||
as defined in paragraph (1) or (2) of this subsection (e). |
||
(4) Wardens, superintendents, and keepers of prisons, |
||
penitentiaries, jails, and other institutions for the |
||
detention of persons accused or convicted of an offense. |
||
(5) Members of the Armed Services or Reserve Forces of |
||
the United States or the Illinois National Guard, while |
||
their official duties or while traveling to or from their |
||
places of duty. |
||
(6) Any company that employs armed security officers |
||
in this State at a nuclear energy, storage, weapons, or |
||
development site or facility regulated by the federal |
||
Nuclear Regulatory Commission and any person employed as |
||
an armed security force member at a nuclear energy, |
||
storage, weapons, or development site or facility |
||
regulated by the federal Nuclear Regulatory Commission who |
has completed the background screening and training |
||
mandated by the rules and regulations of the federal |
||
Nuclear Regulatory Commission and while performing |
||
official duties. |
||
(7) Any private security contractor agency licensed |
||
under the Private Detective, Private Alarm, Private |
||
Security, Fingerprint Vendor, and Locksmith Act of 2004 |
||
that employs private security contractors and any private |
||
security contractor who is licensed and has been issued a |
||
firearm control card under the Private Detective, Private |
||
Alarm, Private Security, Fingerprint Vendor, and Locksmith |
||
Act of 2004 while performing official duties. |
||
(f) This Section does not apply to or affect any of the |
||
following: |
||
(1) Manufacture, delivery, sale, importation, |
||
purchase, or possession or causing to be manufactured, |
||
delivered, sold, imported, purchased, or possessed a large |
||
capacity ammunition feeding device: |
||
(A) for sale or transfer to persons authorized |
||
under subdivisions (1) through (7) of subsection (e) |
||
to possess those items; |
||
(B) for sale or transfer to the United States or |
||
any department or agency thereof; or |
||
(C) for sale or transfer in another state or for |
||
export. |
||
(2) Sale or rental of large capacity ammunition |
feeding devices for blank-firing assault weapons and .50 |
||
caliber rifles, to persons authorized or permitted, or |
||
both authorized and permitted, to acquire these devices |
||
for the purpose of rental for use solely as props for a |
||
motion picture, television, or video production or |
||
entertainment event. |
||
(g) Sentence. A person who knowingly manufactures, |
||
delivers, sells, purchases, possesses, or causes to be |
||
manufactured, delivered, sold, possessed, or purchased in |
||
violation of this Section a large capacity ammunition feeding |
||
device capable of holding more than 10 rounds of ammunition |
||
for long guns or more than 15 rounds of ammunition for handguns |
||
commits a petty offense with a fine of $1,000 for each |
||
violation. |
||
(h) The Department of the State Police shall also develop |
||
and implement a public notice and public outreach campaign to |
||
promote awareness about the provisions of this amendatory Act |
||
of the 102nd General Assembly and to increase compliance with |
||
this Section. |
||
Section 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 97. Severability. The provisions of this Act are |
||
severable under Section 1.31 of the Statute on Statutes. |
||
Section 99. Effective date. This Act takes effect upon |
||
becoming law. |