FILED

Crawford Co. Circuit Court

2nd Judicial Circuit
Date: 1/13/2023 12:44 PM
Angela Reinoehl

IN THE CIRCUIT COURT

CRAWFORD COUNTY, ILLINOIS

JEREMY W. LANGLEY, )
TIMOTHY B. JONES and )
MATTHEW WILSON, )
)
v. ) Case No. 2023CH2
)
BRENDAN KELLY, in his official )
capacity as Director of the Illinois )
State Police, and COLE PRICE SHANER, )
in his official capacity as States Attorney of )
Crawford County, Illinois, )
)
Defendants. )

COMPLAINT
Comes now Plaintiffs Jeremy W. Langley, Timothy B. Jones and Matthew Wilson, by

and through their attorneys, Thomas G. Maag and the Maag Law Firm, LLC, and for their cause

of action, states as follows:

1. This case is a challenge to purported Public Act 102-1116.

2. At all times relevant, Plaintiffs Timothy B. Jones, Jeremy Wayne Langley and Matthew

Wilson, are citizens and residents of Crawford County, Illinois.

3. At all times relevant, Defendant Cole Price Shaner is the state’s attorney of Plaintiffs

county of residence

4. At all times relevant, Defendant Brendan Kelly, is the Director of the Illinois State

Police, and in such capacity has enforcement power over the challenged statute, and has

personally testified in the Illinois General Assembly that he will enforce the statute at

issue, and make the changes necessary at the state police to enforce same. Defendant

Shaner is the chief prosecutorial officer in Crawford County, and while many states
 attorneys have announced they will not prosecute such actions, he has not so announced

as of the time of this filing.

5. That at all times relevant, Defendants are being sued in their official capacities.

COUNT I

6. That in January, 2023, in a lame duck session of the General Assembly, using a shell bill

introduced as a bill dealing with Insurance Code examiners, in order to evade, through

political games, the requirements of the Illinois Constitution to pass a bill into law,

amended a bill into a wide ranging firearm and magazine ban, which is both poorly

written, and unconstitutional.

7. That while the purported ban purports to grandfather the existing possession of such

firearms, the grandfathering mechanism, as written, violates the Fifth and Fourteenth

Amendments to the U.S. Constitution, as explained in Haynes v. United States, 390 U.S.

85 (1968), in that it requires persons, without being provided any form of immunity, and

for use of and by a criminal law enforcement agency, to complete a form with the Illinois

State Police, and provide information on current and past conduct, which can be used

against that person in a criminal court, and admit possession of certain firearms that

under state law are generally declared to be unlawful.

8. The statute further requires those who come into possession of such firearms in the

future, to also disclose said information to the state police, and in the process, potentially

incriminate themselves.

9. In that the registration or “endorsement” provision of the purported statute is

unconstitutional, all provisions of the purported statute purporting to require registration

or “endorsement”, penalizing failure to so register and/or differentiating between

 registered and unregistered, or disclosed and undisclosed firearms should be stricken, as

unconstitutional, and preliminarily and permanently enjoined.

10. That Plaintiff’s have no adequate remedy at law.

WHEREFORE, Plaintiffs humbly request that this Honorable Court enjoin defendants from

enforcing any portion of the Public Act 102-1116 which requires persons in possession of any so

called assault weapons to register them or otherwise disclosed them to the State Police, and in

the process potentially incriminate themselves, and enjoining Defendants from taking any action

against possessors of unregistered firearms on account of their status of being unregistered

assault weapons, plus such other, further and different relief as allowed by law, plus costs and

fees under 42 U.S.C. 1988.

COUNT II

1 – 5 Plaintiff adopts and incorporates paragraphs 1 through 5 above.

6. That in January, 2023, in a lame duck session of the General Assembly, using a shell bill

introduced as a bill dealing with Insurance Code examiners, in order to evade through political

games the requirements of the Illinois Constitution to pass a bill into law, amended a bill into a

wide ranging firearm and magazine ban.

7. At all times relevant Plaintiff has a right, under the Second and Fourteenth Amendments

to the Constitution of the United States, to keep and bear arms, including arms for self defense in

both the home, and outside of the home.

8. That the right to keep and bear arms includes modern firearm and modern devices.

9. Included in the ban is a ban on the transportation, outside of the home, except in very

limited circumstances, as listed below:

(1) on private property owned or immediately controlled by the person;

 (2) on private property that is not open to the public with the express permission of

the person who owns or immediately controls such property;

(3) while on the premises of a licensed firearms dealer or gunsmith for the purpose of

lawful repair;

(4) while engaged in the legal use of the assault weapon, assault weapon attachment,

.50 caliber rifle, or .50 caliber cartridge at a properly licensed firing range or sport

shooting competition venue; or

(5) while traveling to or from these locations, provided that the assault weapon,

assault weapon attachment, or .50 caliber rifle is unloaded and the assault weapon,

assault weapon attachment, .50 caliber rifle, or .50 caliber cartridge is enclosed in a

case, firearm carrying box, shipping box, or other container.

10. That under the Second Amendment to the U.S. Constitution, as incorporated by the 14th

Amendment, and per the Supreme Court ruling in New York State Rifle & Pistol

Association, Inc. v. Bruen, 597 U.S. ___ (2022), as the Second Amendment's plain text

covers an individual's conduct [here the right to bear arms outside of their home

generally], the Constitution presumptively protects that conduct.

11. The government cannot justify its regulation by demonstrating that it is consistent with

the Nation's historical tradition of firearm regulation, as it is not. In fact, this prohibition

is unprecedented in Illinois, and inconsistent with the nations tradition of firearm

regulation..

12. That while the state may prohibit the carriage of arms in certain narrow sensitive places,

the challenged prohibition flips this on its head, not merely prohibiting carriage in certain

sensitive places (which is already prohibited by other law), but totally prohibiting the
 carriage of these arms, such to only minimally listed areas, and even those are limited to

basically wealthy landowners, as almost no firing ranges in Illinois require a license, and

under the statute land that is open to the public for such use prohibits such use and

possession.

13. That the prohibition on the transport and carriage of regulated items under the challenged

statute is, in fact, unconstitutional and void.

WHEREFORE, this Court should declare all carriage, transport and use prohibitions

contained in the statute unconstitutional under the Second and 14th Amendment, and

enjoining the enforcement of same, plus such other, further and different relief as allowed by

law, plus costs and attorney fees under 42 U.S.C. 1988.

COUNT III

1 – 5 Plaintiffs adopt paragraphs 1 through 5 above.

6. That in January, 2023, in a lame duck session of the General Assembly, using a shell bill

introduced as a bill dealing with Insurance Code examiners, in order to evade through political

games the requirements of the Illinois Constitution to pass a bill into law, amended a bill into a

wide ranging firearm and magazine ban.

7. At all times relevant Plaintiff has a right, under the Second and Fourteenth Amendments

to the Constitution of the United States, to keep and bear arms, including arms for self defense in

both the home, and outside of the home.

8. That the right to keep and bear arms includes modern firearm and modern devices.

9. That the challenged statute purports to ban the possession or use of ammunition feeding

devices, including magazines, for long guns over 10 rounds, and for handguns over 15

rounds.
10. Since at least 1780, rifles have actually existed which included a magazine capacity of

well in excess of 15 shots. Such rifles include the Austrian Girardoni rifle, which was

used by Meriwether Lewis in his famous expedition to and through the West.

11. In about 1860, the predecessor of Winchester arms, produced its Henry rifle, which, in

.44 Henry held 15 rounds in its magazine, plus 1 round in the chamber.

12. Over the next hundred years, firearm magazines capacities standardized to between 13

and 20 rounds for pistols, with about 17 being average, and 15 to 35 rounds for rifles,

which is standard in 2023, across most states in the United States, and most countries in

the world.

13. Rifles with magazine capacities of 10 rounds or less are widely considered in 2023, to be

“curios and relics”, historical firearm, obsolete, or otherwise technologically dated, at

best, and obsolete, at worst.

14. For instance, the U.S. M1 Carbine, which has been one of the most popular firearms, both

in the United States, and internationally, with civilian, military and police users, has,

since 1941, had a standard 15 round magazine capacity, and since about 1944, a standard

30 round capacity.

15. The Browning Hi Power pistol, designed by Famous American Gun Designer John

Browning, and Belgian engineer Dieudonné Saive, and placed in production in 1935, had

a standard capacity of 13 rounds of 9mm ammunition, and was for more than 50 years,

considered the standard 9mm pistol in the world, until replaced, starting in about 1980 by

most users worldwide, with Glock style 17 pistols, with 17 round standard magazines.

16. The U.S Military M17 pistol uses a standard 17 round or 21 round magazine, depending

on configuration.
17. The Colt SP1, often mis-called the AR15, was first released by Cold in 1964, with

standard 20 round magazines, by about the 1970s, 30 round magazines had become

standard.

18. Since 1964, excluding fully automatic versions sold to various government entities, semi-

automatic rifles of the SP1 or AR15 type, by various manufacturers, have become the

current American standard rifle, with literally more than 10 million sold domestically,

most of them since 1994, which use standard 30 round magazines.

19. Of firearms designed and sold for self defense, those with magazine capacities of 10

rounds or less are rare and unusual, and those pistols with 15 or fewer rounds are usually

compact versions of normal firearms, or historical and obsolete.

20. That in January 2023, the State of Illinois enacted a purported prohibition of the

manufacture, sale, transfer or possession of ammunition feeding devices that can feed

more than 10 rounds of ammunition for a rifle or shotgun, or 15 rounds for a pistol, a

copy of said purported statute is attached hereto as Exhibit A

21. That this action is brought pursuant to 42 USC 1983.

14. That under the Second Amendment to the U.S. Constitution, as incorporated by the 14th

Amendment, and per the Supreme Court ruling in New York State Rifle & Pistol

Association, Inc. v. Bruen, 597 U.S. ___ (2022), as the Second Amendment's plain text

covers an individual's conduct [here the right to acquire and possess modern arms) the

Constitution presumptively protects that conduct.

15. The government cannot justify its regulation by demonstrating that it is consistent with

the Nation's historical tradition of firearm regulation, as it is not. In fact, this kind of

prohibition is inconsistent with the nations tradition of firearm regulation..

 WHEREFORE, this Court should declare prohibitions on magazine capacity contained in the

statute unconstitutional under the Second and 14th Amendment, and enjoining the

enforcement of same, plus such other, further and different relief as allowed by law, plus

costs and attorney fees under 42 U.S.C. 1988.

COUNT IV

1 – 5 Plaintiffs adopt paragraphs 1 through 5 above.

6. That in January, 2023, in a lame duck session of the General Assembly, using a shell bill

introduced as a bill dealing with Insurance Code examiners, in order to evade through political

games the requirements of the Illinois Constitution to pass a bill into law, amended a bill into a

wide ranging firearm and magazine ban.

7. At all times relevant Plaintiff has a right, under the due process clauses of the

Constitution of the United States, to reasonable notice as to what the laws actually are, and how

to comply.

8. That the challenged statute purports to ban the possession or use of ammunition feeding

devices, including magazines, for long guns over 10 rounds, and for handguns over 15 rounds.

11. Since at least 1780, rifles have actually existed which included a magazine capacity of

well in excess of 15 shots. Such rifles include the Austrian Girardoni rifle, which was

used by Meriwether Lewis in his famous expedition to and through the West.

12. In about 1860, the predecessor of Winchester arms, produced its Henry rifle, which, in

.44 Henry held 15 rounds in its magazine, plus 1 round in the chamber.

13. Over the next hundred years, firearm magazines capacities standardized to between 13

and 20 rounds for pistols, with about 17 being average, and 15 to 35 rounds for rifles,
 which is standard in 2023, across most states in the United States, and most countries in

the world.

14. Rifles with magazine capacities of 10 rounds or less are widely considered in 2023, to be

“curios and relics”, historical firearm, obsolete, or otherwise technologically dated, at

best, and obsolete, at worst.

15. For instance, the U.S. M1 Carbine, which has been one of the most popular firearms, both

in the United States, and internationally, with civilian, military and police users, has,

since 1941, had a standard 15 round magazine capacity, and since about 1944, a standard

30 round capacity.

16. The Browning Hi Power pistol, designed by Famous American Gun Designer John

Browning, and Belgian engineer Dieudonné Saive, and placed in production in 1935, had

a standard capacity of 13 rounds of 9mm ammunition, and was for more than 50 years,

considered the standard 9mm pistol in the world, until replaced, starting in about 1980 by

most users worldwide, with Glock style 17 pistols, with 17 round standard magazines.

17. The U.S Military M17 pistol uses a standard 17 round or 21 round magazine, depending

on configuration.

18. The Colt SP1, often mis-called the AR15, was first released by Cold in 1964, with

standard 20 round magazines, by about the 1970s, 30 round magazines had become

standard.

19. Since 1964, excluding fully automatic versions sold to various government entities, semi-

automatic rifles of the SP1 or AR15 type, by various manufacturers, have become the

current American standard rifle, with literally more than 10 million sold domestically,

most of them since 1994, which use standard 30 round magazines.

20. Of firearms designed and sold for self defense, those with magazine capacities of 10

rounds or less are rare and unusual, and those pistols with 15 or fewer rounds are usually

compact versions of normal firearms, or historical and obsolete.

21. That in January 2023, the State of Illinois enacted a purported prohibition of the

manufacture, sale, transfer or possession of ammunition feeding devices that can feed

more than 10 rounds of ammunition for a rifle or shotgun, or 15 rounds for a pistol, a

copy of said purported statute is attached hereto as Exhibit A

22. That this action is brought pursuant to 42 USC 1983.

16. That that as a practical matter, there is no difference between a rifle or handgun

magazine, such that it is objectively impossible to tell, from merely looking at a given

device whether it is a legal 15 round handgun magazine, or a prohibited 15 round rifle

magazine.

17. That many rifles use magazines commonly used by handguns, and vice versa.

18. In addition, the ammunition capacity of a given magazine may well, and often is

different, depending on the ammunition loaded into it. For instance, standard 9mm Luger

ammunition, which has been manufactured worldwide since 1908, actually is

manufactured to a wide variety of specifications, such that with some magazines, one

more or fewer rounds might fit in a given magazine.

19. Likewise, with tubular magazine rifles and shotguns, the magazine capacity can and will

vary widely, based on the type of ammunition used, such as with 38 special and .357

magnum ammunition, or 3 inch, 2.75 inch, or so called mini 12 gauge rounds.

 20. Likewise, most 15 round .40 pistol type magazines will hold and function with more than

15 9mm rounds, STANAG rifle magazines will function with different number of rounds

depending on the caliber of ammunition loaded.

21. Such that it is objectively impossible to determine a given ammunition capacity, without

knowing what ammunition will be fed into it.

22. As such, no objectively intelligent person can determine whether a given ammunition

magazine is legal, simply be looking at it, and likely even with expert advice.

23. Accordingly, the magazine ban is unconstitutionally vague.

WHEREFORE, this Court should declare prohibitions on magazine capacity contained in the

statute unconstitutional under due process, and enjoining the enforcement of same, plus such

other, further and different relief as allowed by law, plus costs and attorney fees under 42

U.S.C. 1988.

COUNT V

1 – 6 Plaintiffs adopts paragraph 1 through 6 above.

7. That the challenged law purports to ban possession, manufacture and transfer, to and by

ordinary law abiding citizens, of the following, mostly, but not exclusively semi-automatic

firearms:

A: A semiautomatic rifle that has the capacity to accept a detachable magazine or

that may be readily modified to accept a detachable magazine, if the firearm

has one or more of the following:

(i) a pistol grip or thumbhole stock;

(ii) any feature capable of functioning as a

protruding grip that can be held by the non-trigger

 hand;

(iii) a folding, telescoping, thumbhole, or

detachable stock, or a stock that is otherwise

foldable or adjustable in a manner that operates to

reduce the length, size, or any other dimension, or

otherwise enhances the concealability of, the weapon;

(iv) a flash suppressor;

(v) a grenade launcher;

(vi) a shroud attached to the barrel or that

partially or completely encircles the barrel, allowing

the bearer to hold the firearm with the non-trigger

hand without being burned, but excluding a slide that

encloses the barrel.

(B) A semiautomatic rifle that has a fixed magazine

with the capacity to accept more than 10 rounds, except

for an attached tubular device designed to accept, and

capable of operating only with, .22 caliber rimfire

ammunition.

(C) A semiautomatic pistol that has the capacity to

accept a detachable magazine or that may be readily

modified to accept a detachable magazine, if the firearm

has one or more of the following:

(i) a threaded barrel;

 (ii) a second pistol grip or another feature

capable of functioning as a protruding grip that can

be held by the non-trigger hand;

(iii) a shroud attached to the barrel or that

partially or completely encircles the barrel, allowing

the bearer to hold the firearm with the non-trigger

hand without being burned, but excluding a slide that

encloses the barrel;

(iv) a flash suppressor;

(v) the capacity to accept a detachable magazine

at some location outside of the pistol grip; or

(vi) a buffer tube, arm brace, or other part that

protrudes horizontally behind the pistol grip and is

designed or redesigned to allow or facilitate a

firearm to be fired from the shoulder.

(D) A semiautomatic pistol that has a fixed magazine

with the capacity to accept more than 15 rounds.

(E) Any shotgun with a revolving cylinder.

(F) A semiautomatic shotgun that has one or more of

the following:

(i) a pistol grip or thumbhole stock;

(ii) any feature capable of functioning as a protruding grip that can be held by

the non-trigger hand;

 (iii) a folding or thumbhole stock;

(iv) a grenade launcher;

(v) a fixed magazine with the capacity of more than 5 rounds; or

(vi) the capacity to accept a detachable magazine.

(G) Any semiautomatic firearm that has the capacity to accept a belt ammunition

feeding device.

8. That in 2022, the U.S. Supreme Court in Bruen made clear that

“In the years since, the Courts of Appeals have coalesced around a "two-step" framework

for analyzing Second Amendment challenges that combines history with means-end

scrutiny. Today, we decline to adopt that two-part approach. . . . Despite the popularity

of this two-step approach, it is one step too many. Step one of the predominant

framework is broadly consistent with Heller, which demands a test rooted in the Second

Amendment's text, as informed by history. But Heller and McDonald do not support

applying means-end scrutiny in the Second Amendment context. Instead, the government

must affirmatively prove that its firearms regulation is part of the historical tradition that

delimits the outer bounds of the right to keep and bear arms.

9. That applying the narrow, well defined historical tradition of this nation, the firearms ban

at issue simply cannot stand, as all challenged firearms are of the type and kind traditionally

owned for lawful purposes. See Staples v. United States, 511 U.S. 600 (1994) (“guns (like the

semi automatic AR15 at issue in that case) falling outside those categories (referring to

machineguns and grenades) traditionally have been widely accepted as lawful possessions”)
10. That revolving cylinder shotguns, like the Colt Model 1855 Revolving Shotgun, and the

more recent Ross revolving shotguns, have also long been traditionally legal items in the United

States.

11. As these banned firearms are traditionally lawful items, under the Second Amendment

they may not be banned.

WHEREFORE, this Court should declare prohibitions on manufacture, transfer and

possession of the firearms contained in the statute unconstitutional under the Second and

Fourteenth Amendments, and enjoining the enforcement of same by Defendants, plus such

other, further and different relief as allowed by law, plus costs and attorney fees under 42

U.S.C. 1988.

COUNT IV

1 – 6 Plaintiffs adopts paragraph 1 through 6 above.

7. That the challenged law purports to ban possession, manufacture and transfer, to and by

ordinary law abiding citizens, of the following, mostly, but not exclusively semi-automatic rifles,

pistols and shotguns (but apparently not receviers), by make and model, along with “copies,

duplicates, variants, or altered facsimiles with the capability of any such weapon”

8. That, as noted in Springfield Armory, Inc. v. City of Columbus, 29 F.3d

250 (6th Cir. 1994), such a ban is unconstitutionally vague, as nothing in the ordinance provides

sufficient information to enable a person of average intelligence to determine whether a weapon

they wish to purchase has a design history of the sort which would bring it within this

ordinance's coverage.

9. That this action is brought under 42 U.S.C. 1983.

WHEREFORE, this Court should declare prohibitions on manufacture, transfer and possession

of the firearms contained in Sections J, K and L of the statute unconstitutional, as facially

unconstitutionally vague, under due process of the U.S. Constitution, and enjoining the

enforcement of same by Defendants, plus such other, further and different relief as allowed by

law, plus costs and attorney fees under 42 U.S.C. 1988.

Dated: 1-13-2023 Respectfully Submitted,

By:sThomas G. Maag

Thomas G. Maag #6272640

Maag Law Firm, LLC
22 West Lorena Avenue
Wood River, IL 62095
618-216-5291
tmaag@maaglaw.com
Public Act 102-1116

HB5471 Enrolled LRB102 24372 BMS 33606 b

AN ACT concerning regulation.

Be it enacted by the People of the State of Illinois,

represented in the General Assembly:

Section 1. This Act may be referred to as the Protect

Illinois Communities Act.

Section 3. The Illinois Administrative Procedure Act is

amended by adding Section 5-45.35 as follows:

(5 ILCS 100/5-45.35 new)

Sec. 5-45.35. Emergency rulemaking. To provide for the
expeditious and timely implementation of this amendatory Act
of the 102nd General Assembly, emergency rules implementing
this amendatory Act of the 102nd General Assembly may be
adopted in accordance with Section 5-45 by the Illinois State
Police. The adoption of emergency rules authorized by Section
5-45 and this Section is deemed to be necessary for the public
interest, safety, and welfare.
This Section is repealed one year after the effective date
of this amendatory Act of the 102nd General Assembly.

Section 4. The Freedom of Information Act is amended by

changing Section 7.5 as follows:
Public Act 102-1116

HB5471 Enrolled LRB102 24372 BMS 33606 b

(5 ILCS 140/7.5)
Sec. 7.5. Statutory exemptions. To the extent provided for
by the statutes referenced below, the following shall be
exempt from inspection and copying:
(a) All information determined to be confidential
under Section 4002 of the Technology Advancement and
Development Act.
(b) Library circulation and order records identifying
library users with specific materials under the Library
Records Confidentiality Act.
(c) Applications, related documents, and medical
records received by the Experimental Organ Transplantation
Procedures Board and any and all documents or other
records prepared by the Experimental Organ Transplantation
Procedures Board or its staff relating to applications it
has received.
(d) Information and records held by the Department of
Public Health and its authorized representatives relating
to known or suspected cases of sexually transmissible
disease or any information the disclosure of which is
restricted under the Illinois Sexually Transmissible
Disease Control Act.
(e) Information the disclosure of which is exempted
under Section 30 of the Radon Industry Licensing Act.
(f) Firm performance evaluations under Section 55 of
the Architectural, Engineering, and Land Surveying
Public Act 102-1116

HB5471 Enrolled LRB102 24372 BMS 33606 b

Qualifications Based Selection Act.

(g) Information the disclosure of which is restricted
and exempted under Section 50 of the Illinois Prepaid
Tuition Act.
(h) Information the disclosure of which is exempted
under the State Officials and Employees Ethics Act, and
records of any lawfully created State or local inspector
general's office that would be exempt if created or
obtained by an Executive Inspector General's office under
that Act.
(i) Information contained in a local emergency energy
plan submitted to a municipality in accordance with a
local emergency energy plan ordinance that is adopted
under Section 11-21.5-5 of the Illinois Municipal Code.
(j) Information and data concerning the distribution
of surcharge moneys collected and remitted by carriers
under the Emergency Telephone System Act.
(k) Law enforcement officer identification information
or driver identification information compiled by a law
enforcement agency or the Department of Transportation
under Section 11-212 of the Illinois Vehicle Code.
(l) Records and information provided to a residential
health care facility resident sexual assault and death
review team or the Executive Council under the Abuse
Prevention Review Team Act.
(m) Information provided to the predatory lending
Public Act 102-1116

HB5471 Enrolled LRB102 24372 BMS 33606 b

database created pursuant to Article 3 of the Residential

Real Property Disclosure Act, except to the extent
authorized under that Article.
(n) Defense budgets and petitions for certification of
compensation and expenses for court appointed trial
counsel as provided under Sections 10 and 15 of the
Capital Crimes Litigation Act. This subsection (n) shall
apply until the conclusion of the trial of the case, even
if the prosecution chooses not to pursue the death penalty
prior to trial or sentencing.
(o) Information that is prohibited from being
disclosed under Section 4 of the Illinois Health and
Hazardous Substances Registry Act.
(p) Security portions of system safety program plans,
investigation reports, surveys, schedules, lists, data, or
information compiled, collected, or prepared by or for the
Department of Transportation under Sections 2705-300 and
2705-616 of the Department of Transportation Law of the
Civil Administrative Code of Illinois, the Regional
Transportation Authority under Section 2.11 of the
Regional Transportation Authority Act, or the St. Clair
County Transit District under the Bi-State Transit Safety
Act.
(q) Information prohibited from being disclosed by the
Personnel Record Review Act.
(r) Information prohibited from being disclosed by the
Public Act 102-1116

HB5471 Enrolled LRB102 24372 BMS 33606 b

Illinois School Student Records Act.

(s) Information the disclosure of which is restricted
under Section 5-108 of the Public Utilities Act.
(t) All identified or deidentified health information
in the form of health data or medical records contained
in, stored in, submitted to, transferred by, or released
from the Illinois Health Information Exchange, and
identified or deidentified health information in the form
of health data and medical records of the Illinois Health
Information Exchange in the possession of the Illinois
Health Information Exchange Office due to its
administration of the Illinois Health Information
Exchange. The terms "identified" and "deidentified" shall
be given the same meaning as in the Health Insurance
Portability and Accountability Act of 1996, Public Law
104-191, or any subsequent amendments thereto, and any
regulations promulgated thereunder.
(u) Records and information provided to an independent
team of experts under the Developmental Disability and
Mental Health Safety Act (also known as Brian's Law).
(v) Names and information of people who have applied
for or received Firearm Owner's Identification Cards under
the Firearm Owners Identification Card Act or applied for
or received a concealed carry license under the Firearm
Concealed Carry Act, unless otherwise authorized by the
Firearm Concealed Carry Act; and databases under the
Public Act 102-1116

HB5471 Enrolled LRB102 24372 BMS 33606 b

Firearm Concealed Carry Act, records of the Concealed

Carry Licensing Review Board under the Firearm Concealed
Carry Act, and law enforcement agency objections under the
Firearm Concealed Carry Act.
(v-5) Records of the Firearm Owner's Identification
Card Review Board that are exempted from disclosure under
Section 10 of the Firearm Owners Identification Card Act.
(w) Personally identifiable information which is
exempted from disclosure under subsection (g) of Section
19.1 of the Toll Highway Act.
(x) Information which is exempted from disclosure
under Section 5-1014.3 of the Counties Code or Section
8-11-21 of the Illinois Municipal Code.
(y) Confidential information under the Adult
Protective Services Act and its predecessor enabling
statute, the Elder Abuse and Neglect Act, including
information about the identity and administrative finding
against any caregiver of a verified and substantiated
decision of abuse, neglect, or financial exploitation of
an eligible adult maintained in the Registry established
under Section 7.5 of the Adult Protective Services Act.
(z) Records and information provided to a fatality
review team or the Illinois Fatality Review Team Advisory
Council under Section 15 of the Adult Protective Services
Act.
(aa) Information which is exempted from disclosure
Public Act 102-1116

HB5471 Enrolled LRB102 24372 BMS 33606 b

under Section 2.37 of the Wildlife Code.

(bb) Information which is or was prohibited from
disclosure by the Juvenile Court Act of 1987.
(cc) Recordings made under the Law Enforcement
Officer-Worn Body Camera Act, except to the extent
authorized under that Act.
(dd) Information that is prohibited from being
disclosed under Section 45 of the Condominium and Common
Interest Community Ombudsperson Act.
(ee) Information that is exempted from disclosure
under Section 30.1 of the Pharmacy Practice Act.
(ff) Information that is exempted from disclosure
under the Revised Uniform Unclaimed Property Act.
(gg) Information that is prohibited from being
disclosed under Section 7-603.5 of the Illinois Vehicle
Code.
(hh) Records that are exempt from disclosure under
Section 1A-16.7 of the Election Code.
(ii) Information which is exempted from disclosure
under Section 2505-800 of the Department of Revenue Law of
the Civil Administrative Code of Illinois.
(jj) Information and reports that are required to be
submitted to the Department of Labor by registering day
and temporary labor service agencies but are exempt from
disclosure under subsection (a-1) of Section 45 of the Day
and Temporary Labor Services Act.
Public Act 102-1116

HB5471 Enrolled LRB102 24372 BMS 33606 b

(kk) Information prohibited from disclosure under the

Seizure and Forfeiture Reporting Act.
(ll) Information the disclosure of which is restricted
and exempted under Section 5-30.8 of the Illinois Public
Aid Code.
(mm) Records that are exempt from disclosure under
Section 4.2 of the Crime Victims Compensation Act.
(nn) Information that is exempt from disclosure under
Section 70 of the Higher Education Student Assistance Act.
(oo) Communications, notes, records, and reports
arising out of a peer support counseling session
prohibited from disclosure under the First Responders
Suicide Prevention Act.
(pp) Names and all identifying information relating to
an employee of an emergency services provider or law
enforcement agency under the First Responders Suicide
Prevention Act.
(qq) Information and records held by the Department of
Public Health and its authorized representatives collected
under the Reproductive Health Act.
(rr) Information that is exempt from disclosure under
the Cannabis Regulation and Tax Act.
(ss) Data reported by an employer to the Department of
Human Rights pursuant to Section 2-108 of the Illinois
Human Rights Act.
(tt) Recordings made under the Children's Advocacy
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Center Act, except to the extent authorized under that

Act.
(uu) Information that is exempt from disclosure under
Section 50 of the Sexual Assault Evidence Submission Act.
(vv) Information that is exempt from disclosure under
subsections (f) and (j) of Section 5-36 of the Illinois
Public Aid Code.
(ww) Information that is exempt from disclosure under
Section 16.8 of the State Treasurer Act.
(xx) Information that is exempt from disclosure or
information that shall not be made public under the
Illinois Insurance Code.
(yy) Information prohibited from being disclosed under
the Illinois Educational Labor Relations Act.
(zz) Information prohibited from being disclosed under
the Illinois Public Labor Relations Act.
(aaa) Information prohibited from being disclosed
under Section 1-167 of the Illinois Pension Code.
(bbb) Information that is prohibited from disclosure
by the Illinois Police Training Act and the Illinois State
Police Act.
(ccc) Records exempt from disclosure under Section
2605-304 of the Illinois State Police Law of the Civil
Administrative Code of Illinois.
(ddd) Information prohibited from being disclosed
under Section 35 of the Address Confidentiality for
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Victims of Domestic Violence, Sexual Assault, Human

Trafficking, or Stalking Act.
(eee) Information prohibited from being disclosed
under subsection (b) of Section 75 of the Domestic
Violence Fatality Review Act.
(fff) Images from cameras under the Expressway Camera
Act. This subsection (fff) is inoperative on and after
July 1, 2023.
(ggg) (fff) Information prohibited from disclosure
under paragraph (3) of subsection (a) of Section 14 of the
Nurse Agency Licensing Act.
(hhh) Information submitted to the Department of State
Police in an affidavit or application for an assault
weapon endorsement, assault weapon attachment endorsement,
.50 caliber rifle endorsement, or .50 caliber cartridge
endorsement under the Firearm Owners Identification Card
Act.
(Source: P.A. 101-13, eff. 6-12-19; 101-27, eff. 6-25-19;
101-81, eff. 7-12-19; 101-221, eff. 1-1-20; 101-236, eff.
1-1-20; 101-375, eff. 8-16-19; 101-377, eff. 8-16-19; 101-452,
eff. 1-1-20; 101-466, eff. 1-1-20; 101-600, eff. 12-6-19;
101-620, eff 12-20-19; 101-649, eff. 7-7-20; 101-652, eff.
1-1-22; 101-656, eff. 3-23-21; 102-36, eff. 6-25-21; 102-237,
eff. 1-1-22; 102-292, eff. 1-1-22; 102-520, eff. 8-20-21;
102-559, eff. 8-20-21; 102-813, eff. 5-13-22; 102-946, eff.
7-1-22; 102-1042, eff. 6-3-22; revised 8-1-22.)
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Section 5. The Illinois State Police Law of the Civil

Administrative Code of Illinois is amended by changing
Sections 2605-35 and 2605-51.1 as follows:

(20 ILCS 2605/2605-35) (was 20 ILCS 2605/55a-3)

Sec. 2605-35. Division of Criminal Investigation.
(a) The Division of Criminal Investigation shall exercise
the following functions and those in Section 2605-30:
(1) Exercise the rights, powers, and duties vested by
law in the Illinois State Police by the Illinois Horse
Racing Act of 1975, including those set forth in Section
2605-215.
(2) Investigate the origins, activities, personnel,
and incidents of crime and enforce the criminal laws of
this State related thereto.
(3) Enforce all laws regulating the production, sale,
prescribing, manufacturing, administering, transporting,
having in possession, dispensing, delivering,
distributing, or use of controlled substances and
cannabis.
(4) Cooperate with the police of cities, villages, and
incorporated towns and with the police officers of any
county in enforcing the laws of the State and in making
arrests and recovering property.
(5) Apprehend and deliver up any person charged in
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this State or any other state with treason or a felony or

other crime who has fled from justice and is found in this
State.
(6) Investigate recipients and providers under the
Illinois Public Aid Code and any personnel involved in the
administration of the Code who are suspected of any
violation of the Code pertaining to fraud in the
administration, receipt, or provision of assistance and
pertaining to any violation of criminal law; and exercise
the functions required under Section 2605-220 in the
conduct of those investigations.
(7) Conduct other investigations as provided by law,
including, but not limited to, investigations of human
trafficking, illegal drug trafficking, and illegal
firearms trafficking.
(8) Investigate public corruption.
(9) Exercise other duties that may be assigned by the
Director in order to fulfill the responsibilities and
achieve the purposes of the Illinois State Police, which
may include the coordination of gang, terrorist, and
organized crime prevention, control activities, and
assisting local law enforcement in their crime control
activities.
(10) Conduct investigations (and cooperate with
federal law enforcement agencies in the investigation) of
any property-related crimes, such as money laundering,
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involving individuals or entities listed on the sanctions

list maintained by the U.S. Department of Treasury's
Office of Foreign Asset Control.
(b) (Blank).
(c) The Division of Criminal Investigation shall provide
statewide coordination and strategy pertaining to
firearm-related intelligence, firearms trafficking
interdiction, and investigations reaching across all divisions
of the Illinois State Police, including providing crime gun
intelligence support for suspects and firearms involved in
firearms trafficking or the commission of a crime involving
firearms that is investigated by the Illinois State Police and
other federal, State, and local law enforcement agencies, with
the objective of reducing and preventing illegal possession
and use of firearms, firearms trafficking, firearm-related
homicides, and other firearm-related violent crimes in
Illinois.
(Source: P.A. 102-538, eff. 8-20-21; 102-813, eff. 5-13-22;
102-1108, eff. 12-21-22.)

(20 ILCS 2605/2605-51.1)

(Section scheduled to be repealed on June 1, 2026)
Sec. 2605-51.1. Commission on Implementing the Firearms
Restraining Order Act.
(a) There is created the Commission on Implementing the
Firearms Restraining Order Act composed of at least 12 members
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to advise on the strategies of education and implementation of

the Firearms Restraining Order Act. The Commission shall be
appointed by the Director of the Illinois State Police or his
or her designee and shall include a liaison or representative
nominated from the following:
(1) the Office of the Attorney General, appointed by
the Attorney General;
(2) the Director of the Illinois State Police or his
or her designee;
(3) at least 3 State's Attorneys, nominated by the
Director of the Office of the State's Attorneys Appellate
Prosecutor;
(4) at least 2 municipal police department
representatives, nominated by the Illinois Association of
Chiefs of Police;
(5) an Illinois sheriff, nominated by the Illinois
Sheriffs' Association;
(6) the Director of Public Health or his or her
designee;
(7) the Illinois Law Enforcement Training Standards
Board, nominated by the Executive Director of the Board;
(8) a representative from a public defender's office,
nominated by the State Appellate Defender;
(9) a circuit court judge, nominated by the Chief
Justice of the Supreme Court;
(10) a prosecutor with experience managing or
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directing a program in another state where the

implementation of that state's extreme risk protection
order law has achieved high rates of petition filings
nominated by the National District Attorneys Association;
and
(11) an expert from law enforcement who has experience
managing or directing a program in another state where the
implementation of that state's extreme risk protection
order law has achieved high rates of petition filings
nominated by the Director of the Illinois State Police;
and
(12) a circuit court clerk, nominated by the President
of the Illinois Association of Court Clerks.
(b) The Commission shall be chaired by the Director of the
Illinois State Police or his or her designee. The Commission
shall meet, either virtually or in person, to discuss the
implementation of the Firearms Restraining Order Act as
determined by the Commission while the strategies are being
established.
(c) The members of the Commission shall serve without
compensation and shall serve 3-year terms.
(d) An annual report shall be submitted to the General
Assembly by the Commission that may include summary
information about firearms restraining order use by county,
challenges to Firearms Restraining Order Act implementation,
and recommendations for increasing and improving
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implementation.
(e) The Commission shall develop a model policy with an
overall framework for the timely relinquishment of firearms
whenever a firearms restraining order is issued. The model
policy shall be finalized within the first 4 months of
convening. In formulating the model policy, the Commission
shall consult counties in Illinois and other states with
extreme risk protection order laws which have achieved a high
rate of petition filings. Once approved, the Illinois State
Police shall work with their local law enforcement agencies
within their county to design a comprehensive strategy for the
timely relinquishment of firearms, using the model policy as
an overall framework. Each individual agency may make small
modifications as needed to the model policy and must approve
and adopt a policy that aligns with the model policy. The
Illinois State Police shall convene local police chiefs and
sheriffs within their county as needed to discuss the
relinquishment of firearms.
(f) The Commission shall be dissolved June 1, 2025 (3
years after the effective date of Public Act 102-345).
(g) This Section is repealed June 1, 2026 (4 years after
the effective date of Public Act 102-345).
(Source: P.A. 102-345, eff. 6-1-22; 102-813, eff. 5-13-22.)

Section 7. The Illinois Procurement Code is amended by

changing Section 1-10 as follows:
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(30 ILCS 500/1-10)

Sec. 1-10. Application.
(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.
(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:
(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.
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(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).
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(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
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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
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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
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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
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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
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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,
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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
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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).
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(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
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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
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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
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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
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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,
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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
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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. Until that date the transferor shall contact the
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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;
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(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
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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
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HB5471 Enrolled LRB102 24372 BMS 33606 b

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 record shall contain the date of the transfer;
the description, serial number or other information
identifying the firearm, stun gun, or taser if no serial
number is available; and, if the transfer was completed within
this State, the transferee's Firearm Owner's Identification
Card number 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
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HB5471 Enrolled LRB102 24372 BMS 33606 b

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
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HB5471 Enrolled LRB102 24372 BMS 33606 b

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
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HB5471 Enrolled LRB102 24372 BMS 33606 b

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
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HB5471 Enrolled LRB102 24372 BMS 33606 b

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,
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HB5471 Enrolled LRB102 24372 BMS 33606 b

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
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HB5471 Enrolled LRB102 24372 BMS 33606 b

(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
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HB5471 Enrolled LRB102 24372 BMS 33606 b

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
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HB5471 Enrolled LRB102 24372 BMS 33606 b

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
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HB5471 Enrolled LRB102 24372 BMS 33606 b

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
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HB5471 Enrolled LRB102 24372 BMS 33606 b

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
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HB5471 Enrolled LRB102 24372 BMS 33606 b

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
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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:
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HB5471 Enrolled LRB102 24372 BMS 33606 b

(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
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HB5471 Enrolled LRB102 24372 BMS 33606 b

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
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HB5471 Enrolled LRB102 24372 BMS 33606 b

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
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HB5471 Enrolled LRB102 24372 BMS 33606 b

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
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Illinois State Police database for purposes of this Act.

(b) Each application form shall include the following
statement printed in bold type: "Warning: Entering false
information on an application for a Firearm Owner's
Identification Card is punishable as a Class 2 felony in
accordance with subsection (d-5) of Section 14 of the Firearm
Owners Identification Card Act.".
(c) Upon such written consent, pursuant to Section 4,
paragraph (a)(2)(i), the parent or legal guardian giving the
consent shall be liable for any damages resulting from the
applicant's use of firearms or firearm ammunition.
(Source: P.A. 101-80, eff. 7-12-19; 102-237, eff. 1-1-22;
102-538, eff. 8-20-21; 102-813, eff. 5-13-22; 102-1030, eff.
5-27-22.)

(430 ILCS 65/4.1 new)

Sec. 4.1. Assault weapon, .50 caliber rifle, assault
weapon attachment, or .50 caliber cartridge endorsement.
(a) The endorsement affidavit form completed pursuant to
Section 24-1.9 of the Criminal Code of 2012 must be executed
electronically through the individual's Firearm Owner's
Identification Card account.
(b) The Illinois State Police shall adopt rules in
accordance with this Section for the electronic submission of
an endorsement affidavit.
(c) Entering false information on the endorsement
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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
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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
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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
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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
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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
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(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.
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(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
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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
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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
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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.
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(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
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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
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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
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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
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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
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(e) of Section 40 of this Act and any other evidence of an

increased risk for violence.
(3) At the hearing, the petitioner shall have the
burden of proving 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.
(4) The renewal of a firearms restraining order issued
under this Section shall be in effect for up to one year
and may be renewed for an additional period of up to one
year 6 months, subject to termination by further order of
the court at a hearing held under this Section and further
renewal by further order of the court under this Section.
(Source: P.A. 101-81, eff. 7-12-19; 102-345, eff. 6-1-22.)

(430 ILCS 67/55)

Sec. 55. Data maintenance by law enforcement agencies.
(a) All sheriffs shall furnish to the Illinois State
Police, daily, in the form and detail the Illinois State
Police Department requires, copies of any recorded firearms
restraining orders issued by the court, and any foreign orders
of protection filed by the clerk of the court, and transmitted
to the sheriff by the clerk of the court under Section 50. Each
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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)

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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
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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
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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
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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
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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,
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possesses, or purchases any assault weapon attachment or

.50 caliber cartridge in violation of Section 24-1.9 or
any explosive bullet. For purposes of this paragraph (a)
"explosive bullet" means the projectile portion of an
ammunition cartridge which contains or carries an
explosive charge which will explode upon contact with the
flesh of a human or an animal. "Cartridge" means a tubular
metal case having a projectile affixed at the front
thereof and a cap or primer at the rear end thereof, with
the propellant contained in such tube between the
projectile and the cap; or
(12) (Blank); or
(13) Carries or possesses on or about his or her
person while in a building occupied by a unit of
government, a billy club, other weapon of like character,
or other instrument of like character intended for use as
a weapon. For the purposes of this Section, "billy club"
means a short stick or club commonly carried by police
officers which is either telescopic or constructed of a
solid piece of wood or other man-made material; or
(14) Manufactures, possesses, sells, or offers to
sell, purchase, manufacture, import, transfer, or use any
device, part, kit, tool, accessory, or combination of
parts that is designed to and functions to increase the
rate of fire of a semiautomatic firearm above the standard
rate of fire for semiautomatic firearms that is not
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equipped with that device, part, or combination of parts;

or
(15) Carries or possesses any assault weapon or .50
caliber rifle in violation of Section 24-1.9; or
(16) Manufactures, sells, delivers, imports, or
purchases any assault weapon or .50 caliber rifle in
violation of Section 24-1.9.
(b) Sentence. A person convicted of a violation of
subsection 24-1(a)(1) through (5), subsection 24-1(a)(10),
subsection 24-1(a)(11), or subsection 24-1(a)(13), or
24-1(a)(15) commits a Class A misdemeanor. A person convicted
of a violation of subsection 24-1(a)(8) or 24-1(a)(9) commits
a Class 4 felony; a person convicted of a violation of
subsection 24-1(a)(6), or 24-1(a)(7)(ii), 24-1(a)(7)(iii), or
24-1(a)(16) or (iii) commits a Class 3 felony. A person
convicted of a violation of subsection 24-1(a)(7)(i) commits a
Class 2 felony and shall be sentenced to a term of imprisonment
of not less than 3 years and not more than 7 years, unless the
weapon is possessed in the passenger compartment of a motor
vehicle as defined in Section 1-146 of the Illinois Vehicle
Code, or on the person, while the weapon is loaded, in which
case it shall be a Class X felony. A person convicted of a
second or subsequent violation of subsection 24-1(a)(4),
24-1(a)(8), 24-1(a)(9), or 24-1(a)(10), or 24-1(a)(15)
commits a Class 3 felony. A person convicted of a violation of
subsection 24-1(a)(2.5) or 24-1(a)(14) commits a Class 2
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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
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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
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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
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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
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operated for hire by a duly licensed driver in the due, lawful

and proper pursuit of his or her trade, then such presumption
shall not apply to the driver.
(e) Exemptions.
(1) Crossbows, Common or Compound bows and Underwater
Spearguns are exempted from the definition of ballistic
knife as defined in paragraph (1) of subsection (a) of
this Section.
(2) The provision of paragraph (1) of subsection (a)
of this Section prohibiting the sale, manufacture,
purchase, possession, or carrying of any knife, commonly
referred to as a switchblade knife, which has a blade that
opens automatically by hand pressure applied to a button,
spring or other device in the handle of the knife, does not
apply to a person who possesses a currently valid Firearm
Owner's Identification Card previously issued in his or
her name by the Illinois State Police or to a person or an
entity engaged in the business of selling or manufacturing
switchblade knives.
(Source: P.A. 101-223, eff. 1-1-20; 102-538, eff. 8-20-21.)

(720 ILCS 5/24-1.9 new)

Sec. 24-1.9. Manufacture, possession, delivery, sale, and
purchase of assault weapons, .50 caliber rifles, and .50
caliber cartridges.
(a) Definitions. In this Section:
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(1) "Assault weapon" means any of the following, except as

provided in subdivision (2) of this subsection:
(A) A semiautomatic rifle that has the capacity to
accept a detachable magazine or that may be readily
modified to accept a detachable magazine, if the firearm
has one or more of the following:
(i) a pistol grip or thumbhole stock;
(ii) any feature capable of functioning as a
protruding grip that can be held by the non-trigger
hand;
(iii) a folding, telescoping, thumbhole, or
detachable stock, or a stock that is otherwise
foldable or adjustable in a manner that operates to
reduce the length, size, or any other dimension, or
otherwise enhances the concealability of, the weapon;
(iv) a flash suppressor;
(v) a grenade launcher;
(vi) a shroud attached to the barrel or that
partially or completely encircles the barrel, allowing
the bearer to hold the firearm with the non-trigger
hand without being burned, but excluding a slide that
encloses the barrel.
(B) A semiautomatic rifle that has a fixed magazine
with the capacity to accept more than 10 rounds, except
for an attached tubular device designed to accept, and
capable of operating only with, .22 caliber rimfire
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ammunition.
(C) A semiautomatic pistol that has the capacity to
accept a detachable magazine or that may be readily
modified to accept a detachable magazine, if the firearm
has one or more of the following:
(i) a threaded barrel;
(ii) a second pistol grip or another feature
capable of functioning as a protruding grip that can
be held by the non-trigger hand;
(iii) a shroud attached to the barrel or that
partially or completely encircles the barrel, allowing
the bearer to hold the firearm with the non-trigger
hand without being burned, but excluding a slide that
encloses the barrel;
(iv) a flash suppressor;
(v) the capacity to accept a detachable magazine
at some location outside of the pistol grip; or
(vi) a buffer tube, arm brace, or other part that
protrudes horizontally behind the pistol grip and is
designed or redesigned to allow or facilitate a
firearm to be fired from the shoulder.
(D) A semiautomatic pistol that has a fixed magazine
with the capacity to accept more than 15 rounds.
(E) Any shotgun with a revolving cylinder.
(F) A semiautomatic shotgun that has one or more of
the following:
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(i) a pistol grip or thumbhole stock;

(ii) any feature capable of functioning as a
protruding grip that can be held by the non-trigger
hand;
(iii) a folding or thumbhole stock;
(iv) a grenade launcher;
(v) a fixed magazine with the capacity of more
than 5 rounds; or
(vi) the capacity to accept a detachable magazine.
(G) Any semiautomatic firearm that has the capacity to
accept a belt ammunition feeding device.
(H) Any firearm that has been modified to be operable
as an assault weapon as defined in this Section.
(I) Any part or combination of parts designed or
intended to convert a firearm into an assault weapon,
including any combination of parts from which an assault
weapon may be readily assembled if those parts are in the
possession or under the control of the same person.
(J) All of the following rifles, copies, duplicates,
variants, or altered facsimiles with the capability of any
such weapon:
(i) All AK types, including the following:
(I) AK, AK47, AK47S, AK–74, AKM, AKS, ARM,
MAK90, MISR, NHM90, NHM91, SA85, SA93, Vector Arms
AK–47, VEPR, WASR–10, and WUM.
(II) IZHMASH Saiga AK.
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(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.
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(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.
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(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.
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(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.
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(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.
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(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.
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(IV) IZHMASH Saiga 12K.

(V) IZHMASH Saiga 12K–030.
(VI) IZHMASH Saiga 12K–040 Taktika.
(v) Streetsweeper.
(vi) Striker 12.
(2) "Assault weapon" does not include:
(A) Any firearm that is an unserviceable firearm or
has been made permanently inoperable.
(B) An antique firearm or a replica of an antique
firearm.
(C) A firearm that is manually operated by bolt, pump,
lever or slide action, unless the firearm is a shotgun
with a revolving cylinder.
(D) Any air rifle as defined in Section 24.8-0.1 of
this Code.
(E) Any handgun, as defined under the Firearm
Concealed Carry Act, unless otherwise listed in this
Section.
(3) "Assault weapon attachment" means any device capable
of being attached to a firearm that is specifically designed
for making or converting a firearm into any of the firearms
listed in paragraph (1) of this subsection (a).
(4) "Antique firearm" has the meaning ascribed to it in 18
U.S.C. 921(a)(16).
(5) ".50 caliber rifle" means a centerfire rifle capable
of firing a .50 caliber cartridge. The term does not include
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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),
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on or after the effective date of this amendatory Act of the

102nd General Assembly, it is unlawful for any person within
this State to knowingly manufacture, deliver, sell, import, or
purchase or cause to be manufactured, delivered, sold,
imported, or purchased by another, an assault weapon, assault
weapon attachment, .50 caliber rifle, or .50 caliber
cartridge.
(c) Except as otherwise provided in subsection (d),
beginning January 1, 2024, it is unlawful for any person
within this State to knowingly possess an assault weapon,
assault weapon attachment, .50 caliber rifle, or .50 caliber
cartridge.
(d) This Section does not apply to a person's possession
of an assault weapon, assault weapon attachment, .50 caliber
rifle, or .50 caliber cartridge device if the person lawfully
possessed that assault weapon, assault weapon attachment, .50
caliber rifle, or .50 caliber cartridge prohibited by
subsection (c) of this Section, if the person has provided in
an endorsement affidavit, prior to January 1, 2024, under oath
or affirmation and in the form and manner prescribed by the
Illinois State Police, no later than October 1, 2023:
(1) the affiant's Firearm Owner's Identification Card
number;
(2) an affirmation that the affiant: (i) possessed an
assault weapon, assault weapon attachment, .50 caliber
rifle, or .50 caliber cartridge before the effective date
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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
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Police may adopt emergency rulemaking 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 to be necessary for the public
interest, safety, and welfare.
The affidavit form shall include the following statement
printed in bold type: "Warning: Entering false information on
this form is punishable as perjury under Section 32-2 of the
Criminal Code of 2012. Entering false information on this form
is a violation of the Firearm Owners Identification Card Act."
In any administrative, civil, or criminal proceeding in
this State, a completed endorsement affidavit submitted to the
Illinois State Police by a person under this Section creates a
rebuttable presumption that the person is entitled to possess
and transport the assault weapon, assault weapon attachment,
.50 caliber rifle, or .50 caliber cartridge.
Beginning 90 days after the effective date of this
amendatory Act of the 102nd General Assembly, a person
authorized under this Section to possess an assault weapon,
assault weapon attachment, .50 caliber rifle, or .50 caliber
cartridge shall possess such items only:
(1) on private property owned or immediately
controlled by the person;
(2) on private property that is not open to the public
with the express permission of the person who owns or
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immediately controls such property;

(3) while on the premises of a licensed firearms
dealer or gunsmith for the purpose of lawful repair;
(4) while engaged in the legal use of the assault
weapon, assault weapon attachment, .50 caliber rifle, or
.50 caliber cartridge at a properly licensed firing range
or sport shooting competition venue; or
(5) while traveling to or from these locations,
provided that the assault weapon, assault weapon
attachment, or .50 caliber rifle is unloaded and the
assault weapon, assault weapon attachment, .50 caliber
rifle, or .50 caliber cartridge is enclosed in a case,
firearm carrying box, shipping box, or other container.
Beginning on January 1, 2024, the person with the
endorsement for an assault weapon, assault weapon attachment,
.50 caliber rifle, or .50 caliber cartridge or a person
authorized under subdivisions (1) through (5) of subsection
(e) to possess an assault weapon, assault weapon attachment,
.50 caliber rifle, or .50 caliber cartridge may transfer the
assault weapon, assault weapon attachment, .50 caliber rifle,
or .50 caliber cartridge 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 weapon except to an heir, the person
shall notify the Illinois State Police of the name and address
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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 weapon or
ammunition is transferred shall, within 60 days of the
transfer, complete an affidavit required under this Section. A
person to whom the weapon is transferred may transfer it only
as provided in this subsection.
Except as provided in subsection (e) and beginning on
January 1, 2024, any person who moves into this State in
possession of an assault weapon, assault weapon attachment,
.50 caliber rifle, or .50 caliber cartridge shall, within 60
days, apply for a Firearm Owners Identification Card and
complete an endorsement application as outlined in subsection
(d).
Notwithstanding any other law, information contained in
the endorsement affidavit shall be confidential, is exempt
from disclosure under the Freedom of Information Act, and
shall not be disclosed, except to law enforcement agencies
acting in the performance of their duties.
(e) The provisions of this Section regarding the purchase
or possession of assault weapons, assault weapon attachments,
.50 caliber rifles, and .50 cartridges, 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.
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(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.
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(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
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international shooting competition in the United States,

but only when the firearm is in the actual possession of an
Olympic target shooting competitor or target shooting
coach for the purpose of storage, transporting to and from
Olympic target shooting practice or events if the firearm
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, and when the Olympic target shooting competitor
or target shooting coach is engaging in those practices or
events. For the purposes of this paragraph (8), "firearm"
has the meaning provided in Section 1.1 of the Firearm
Owners Identification Card Act.
(ii) Any nonresident who transports, within 24 hours,
a weapon for any lawful purpose from any place where the
nonresident may lawfully possess and carry that weapon to
any other place where the nonresident may lawfully possess
and carry that weapon if, during the transportation, the
weapon is unloaded, and neither the weapon nor any
ammunition being transported is readily accessible or is
directly accessible from the passenger compartment of the
transporting vehicle. In the case of a vehicle without a
compartment separate from the driver's compartment, the
weapon or ammunition shall be contained in a locked
container other than the glove compartment or console.
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(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
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to be necessary for the public interest, safety, and

welfare.
(v) The manufacture, transportation, possession, sale,
or rental of blank-firing assault weapons and .50 caliber
rifles, or the weapon's respective attachments, to persons
authorized or permitted, or both authorized and permitted,
to acquire and possess these weapons or attachments for
the purpose of rental for use solely as props for a motion
picture, television, or video production or entertainment
event.
Any person not subject to this Section may submit an
endorsement affidavit if the person chooses.
(f) Any sale or transfer with a background check initiated
to the Illinois State Police on or before the effective date of
this amendatory Act of the 102nd General Assembly is allowed
to be completed after the effective date of this amendatory
Act once an approval is issued by the Illinois State Police and
any applicable waiting period under Section 24-3 has expired.
(g) The Illinois State Police shall take all steps
necessary to carry out the requirements of this Section within
by October 1, 2023.
(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.
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(720 ILCS 5/24-1.10 new)

Sec. 24-1.10. Manufacture, delivery, sale, and possession
of large capacity ammunition feeding devices.
(a) In this Section:
"Handgun" has the meaning ascribed to it in the Firearm
Concealed Carry Act.
"Long gun" means a rifle or shotgun.
"Large capacity ammunition feeding device" means:
(1) a magazine, belt, drum, feed strip, or similar
device that has a capacity of, or that can be readily
restored or converted to accept, more than 10 rounds of
ammunition for long guns and more than 15 rounds of
ammunition for handguns; or
(2) any combination of parts from which a device
described in paragraph (1) can be assembled.
"Large capacity ammunition feeding device" does not
include an attached tubular device designed to accept, and
capable of operating only with, .22 caliber rimfire
ammunition. "Large capacity ammunition feeding device" does
not include a tubular magazine that is contained in a
lever-action firearm or any device that has been made
permanently inoperable.
(b) Except as provided in subsections (e) and (f), it is
unlawful for any person within this State to knowingly
manufacture, deliver, sell, purchase, or cause to be
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HB5471 Enrolled LRB102 24372 BMS 33606 b

manufactured, delivered, sold, or purchased a large capacity

ammunition feeding device.
(c) Except as provided in subsections (d), (e), and (f),
and beginning 90 days after the effective date of this
amendatory Act of the 102nd General Assembly, it is unlawful
to knowingly possess a large capacity ammunition feeding
device.
(d) Subsection (c) does not apply to a person's possession
of a large capacity ammunition feeding device if the person
lawfully possessed that large capacity ammunition feeding
device before the effective date of this amendatory Act of the
102nd General Assembly, provided that the person shall possess
such device only:
(1) on private property owned or immediately
controlled by the person;
(2) on private property that is not open to the public
with the express permission of the person who owns or
immediately controls such property;
(3) while on the premises of a licensed firearms
dealer or gunsmith for the purpose of lawful repair;
(4) while engaged in the legal use of the large
capacity ammunition feeding device at a properly licensed
firing range or sport shooting competition venue; or
(5) while traveling to or from these locations,
provided that the large capacity ammunition feeding device
is stored unloaded and enclosed in a case, firearm
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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
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HB5471 Enrolled LRB102 24372 BMS 33606 b

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
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HB5471 Enrolled LRB102 24372 BMS 33606 b

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
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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
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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.