SB1238sam001 98TH GENERAL ASSEMBLY

Sen. Don Harmon

Filed: 3/15/2013

09800SB1238sam001 LRB098 07804 RLC 42980 a

AMENDMENT TO SENATE BILL 1238

AMENDMENT NO. ______. Amend Senate Bill 1238 by replacing everything after the enacting clause with the following:

"Section 1. Short title. This Act may be cited as the Gun Safety and Responsibility Act.

Section 5. Legislative findings; purpose and intent. The General Assembly hereby finds and declares:

(a) Gun violence takes an extraordinary toll on families and communities in Illinois. In 2010, over 1,000 individuals died from firearm-related injuries in Illinois. In that same year, incidents of gun murders, gun suicides, and unintentional shootings in Illinois killed 142 children and adolescents ages 19 and younger.

(b) Existing federal firearm laws have proven insufficient to prevent dangerous individuals from obtaining firearms and from carrying those firearms into, and using those firearms in, public places.

(c) The federal Brady Handgun Violence Prevention Act allows unlicensed private sellers of firearms, who account for 40% of firearms sold in the United States, to sell firearms without performing a background check on the prospective purchaser. Federal law does not require sellers to report sales of firearms to law enforcement. In fact, federal law does not even allow the FBI to maintain records of approved gun purchasers for more than 24 hours. Federal law also provides no comprehensive system of firearms registration, and does not require firearm owners to report to law enforcement if their firearms are lost or stolen.

(d) Background checks performed by licensed dealers have proven to be extremely effective at keeping guns out of the hands of prohibited persons. Since the federal background check requirement was adopted in 1994, over 1.9 million criminals and other prohibited persons across the United States have been prohibited from buying guns. In 2010 alone, 70,972 gun transfers were denied using the federal background check system. Nevertheless, individuals prohibited by law from possessing guns can easily obtain them from private sellers. Universal background checks will help ensure that persons buying guns are legally eligible to do so.

(e) Firearm registration laws, which require individuals to record their ownership or possession of a firearm with a designated law enforcement agency, and laws requiring sellers to report firearm sales to a centralized database help law enforcement quickly and reliably "trace" (identify the source of) firearms recovered from crime scenes, and retrieve firearms from persons who have become legally prohibited from possessing them through criminal convictions or other prohibitions. These laws also discourage illegal firearm sales by creating accountability for gun owners, and help law enforcement return lost or stolen firearms to their rightful owners. Furthermore, information generated by firearm sales reporting and registration systems helps protect law enforcement officers responding to an incident by providing them with information about firearms that may be present at the scene.

(f) States with some form of both registration and licensing systems have greater success keeping firearms from being recovered in crimes than states without those systems in place. Illinois currently has a licensing system through the Firearm Owners Identification Card Act, but no system of firearms registration.

(g) Laws requiring the reporting of lost or stolen firearms are beneficial to law enforcement because they: (1) help deter and prosecute gun traffickers and criminals who often falsely claim that a crime gun that has been traced to them was lost or stolen in order to hide their involvement in the crime; (2) help disarm persons ineligible to possess firearms by deterring a person who has fallen into a prohibited category from falsely claiming that his or her firearm was lost or stolen; and (3) help return lost or stolen firearms to their owners. Reporting laws also make gun owners more accountable for their weapons.

(h) Firearms carried or possessed in public places increase the risk of deaths and injuries by increasing the chances that firearms will be used to settle disputes, and by increasing the risk of an accidental shooting at a place where large numbers of people are gathered. The carrying or possession of firearms in public places also increases the risk that those firearms will be lost or stolen, and end up in the hands of criminals or other persons ineligible to possess firearms.

(i) Flawed application processes in existing state systems for licensing individuals to carry concealed weapons ("CCW laws") have allowed numerous persons prohibited from possessing firearms to receive CCW permits. Analyses have found that numerous criminals (including rapists, armed robbers, individuals who had pleaded guilty or no contest to felonies, individuals with outstanding warrants, people with active domestic violence injunctions against them, and 6 registered sex offenders) had been issued CCW licenses under other states' permissive laws.

(j) Research has shown that individuals issued CCW permits include not only people who have committed violent crimes in the past, but also those who subsequently commit violent crimes. One study found that Texas CCW permit holders were arrested for weapons-related crimes at a rate 81% higher than that of the state's general adult population. According to the Violence Policy Center (VPC), between May 2007 and November 2012, individuals licensed to carry concealed weapons ("CCW permit holders") killed at least 14 law enforcement officers and 485 private citizens (including 35 shooters who killed themselves after an attack).

(k) On December 11, 2012, the Seventh Circuit Court of Appeals in Moore v. Madigan, upheld a challenge to the Illinois law prohibiting the carrying of handguns, either openly or concealed in public places. The Seventh Circuit reversed and remanded the lower court's dismissal of the challenge but stayed the mandate for 180 days to allow the General Assembly to remedy the violation by enacting a new law. Moore v. Madigan, 702 F.3d 933 (7th Cir. Ill. 2012).

(l) The Seventh Circuit's opinion in Moore suggested that Illinois adopt a discretionary concealed carry licensing law. The court explained that since Illinois "is not a state with a strong pro-gun culture, unlike the states that began allowing concealed carriage before Heller and MacDonald [sic] enlarged the scope of Second Amendment rights", a discretionary law would be more appropriate for Illinois than a law with only "minimal permit restrictions on carriage of guns outside the home". (emphasis in original). Additionally, the court endorsed a requirement that concealed carry licensing applicants demonstrate that they have experience using, and can safely handle, a firearm. The court also spoke approvingly of state legislation that would allow private property owners to prohibit firearms, including concealed weapons, on their property.

(m) The Seventh Circuit's opinion in Moore favorably cited Kachalsky v. County of Westchester, 701 F.3d 81 (2d Cir. N.Y. 2012), a recent opinion of the Second Circuit Court of Appeals, which upheld New York's law restricting the carrying of firearms in public. New York's law gives the local issuing authority considerable discretion in deciding whether to issue a license, and has been interpreted to require an applicant for an unrestricted license to demonstrate "a special need for self-protection distinguishable from that of the general community". By favorably citing the Second Circuit's opinion in Kachalsky, the Seventh Circuit in Moore indicated that it agreed that New York's requirements are consistent with the Second Amendment.

(n) Federal regulation of firearms dealers and ammunition sellers is currently inadequate to protect public safety. Although federal law requires firearms dealers to obtain a license from the Bureau of Alcohol, Tobacco, Firearms and Explosives ("ATF"), ATF does not have the resources or authority to properly oversee the more than 60,000 firearms dealers, manufacturers, collectors and others that it licenses. ATF reported in 2007 that it inspects each licensee, on average, only once every 17 years. Between 1975 and 2005, ATF revoked, on average, fewer than 20 federal firearms licenses per year. The Office of the Inspector General has concluded that inspections by ATF are not fully effective for ensuring that licensees comply with federal firearms laws.

(o) Federally-licensed firearm dealers ("FFLs") are a major source of trafficked firearms. In June of 2000, ATF issued a comprehensive report of firearms trafficking in this country. That report analyzed 1,530 trafficking investigations during the period July 1996 through December 1998, involving more than 84,000 diverted firearms. ATF found that FFLs were associated with the largest number of trafficked guns (over 40,000) and concluded that "FFLs' access to large numbers of firearms makes them a particular threat to public safety when they fail to comply with the law." In 1998, ATF found that 56% of randomly inspected dealers and 30% of pawnbrokers selling 50 or more guns had violated federal firearms law. In addition, during fiscal year 2007, ATF found over 30,000 firearms missing from licensees' inventories with no record of sale.

(p) According to a 1998 ATF random sample of FFLs nationwide, 56% of firearms dealers operated out of their homes, and 33% were located in businesses that are not usually associated with gun sales, such as funeral homes or auto parts stores.

(q) ATF faces numerous obstacles that limit its ability to enforce the law; for example, ATF may conduct only one unannounced inspection of each FFL per year, the burden of proof for ATF's prosecution and revocation of licenses is extremely high, serious violations of federal firearms law are classified as misdemeanors rather than felonies, and ATF has historically been grossly understaffed.

(r) Federal law is silent regarding many important aspects of firearms dealers' and ammunition sellers' businesses. Among other things, federal law does not require these businesses to: (1) conduct employee background checks; (2) implement security requirements to prevent thefts; or (3) refrain from operating in residential neighborhoods or near schools, daycare centers or parks.

(s) It is the purpose and intent of the General Assembly to strengthen Illinois' firearm laws by requiring firearm purchasers to be subject to a background check, by requiring firearms dealers and ammunition sellers to obtain a State license and report gun sales, by enacting a comprehensive system of firearm registration, by requiring the State Police to maintain records of gun sales, by requiring gun owners to report any lost or stolen firearms, and by restricting the carrying of firearms in public places in the State in compliance with the Seventh Circuit's opinion in Moore. The General Assembly believes that these restrictions will help to keep guns out of the hands of felons, domestic abusers, the mentally ill, and other prohibited persons, will discourage illegal gun sales and gun trafficking, and will help law enforcement solve gun crimes. The General Assembly further believes it is necessary to restrict the carrying of firearms in public places to individuals who have demonstrated a particularized need to carry a firearm in public because they are exposed to unusual personal danger, distinct from other members of the community. The General Assembly further believes that individuals who are licensed to carry a concealed firearm in public should first undergo extensive safety training, and a comprehensive background check. The General Assembly believes these restrictions will help to reduce gun deaths and injuries and increase public safety.

Section 10. Definitions. As used in Sections 1 through 80 of this Act:

"Applicant" means a person who is applying for a license to carry a concealed firearm under this Act.

"Concealed firearm" means a loaded or unloaded handgun carried on or about a person entirely hidden from view of the public, or carried in a vehicle in such a way as it is entirely hidden from view of the public.

"Department" means the Department of State Police.

"Director" means the Director of State Police.

"Handgun" means any device which is designed to expel a projectile or projectiles by the action of an explosion, expansion of gas, or escape of gas that is designed to be held and fired by the use of a single hand, and includes a combination of parts from which the firearm can be assembled. "Handgun" does not include a stun gun or taser.

"License" means a license issued by the Department of State Police to carry a loaded or unloaded concealed firearm.

"Licensee" means a person issued a license to carry a concealed firearm.

"Peace officer" means (1) any person who by virtue of his or her office or public employment is vested by law with a duty to maintain public order or to make arrests for offenses, whether that duty extends to any offenses or is limited to specific offenses, or (2) any person who, by statute, is granted and authorized to exercise powers similar to those conferred upon any peace officer employed by a law enforcement agency of this State.

"Particularized need" means that the applicant is exposed to unusual personal danger, distinct from other members of the community.

"Superintendent" means the Superintendent of Police for the City of Chicago.

Section 15. Issuance of licenses to carry a concealed firearm.

(a) A licensee shall possess a license any time the licensee carries a concealed firearm except:

(1) if the person is carrying or possessing a concealed firearm and the person is on his or her land or in his or her abode or legal dwelling or in the abode or legal dwelling of another adult as an invitee with that adult's express permission to carry a concealed firearm;

(2) if the person is authorized to carry a firearm under Section 24-2 of the Criminal Code of 2012; or

(3) the firearm is broken down in a non-functioning 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.

(a-5) A licensee shall display the license upon the request of a peace officer or person designated to enforce the provisions of Section 55.

(b) The Department shall make applications for a license available no later than 180 days after the date specified in subsection (g). Applications shall be available at Department locations, sheriff offices, Chicago Police Headquarters, on the Department's official website, and any other location designated by the Department.

(c) A completed application for a license shall be submitted to the office of the sheriff of the county in which the applicant resides with any accompanying materials and fees, unless the applicant resides in the City of Chicago, in which case the application shall be submitted to the Superintendent of Police. The applicant shall verify the contents of the application by oath or affirmation in writing before an officer authorized by the sheriff or Superintendent. The sheriff or Superintendent shall review the application and shall promptly return an incomplete application to the applicant. Each applicant for a license or renewal of a license under this Act shall pay at the time of application a fee to the Department in an amount set by the Department, and a fee to the sheriff or Superintendent in an amount set by the sheriff or Superintendent.

(d) A sheriff or the Superintendent may submit a recommendation for approval of an application to the Department, if the applicant is an eligible individual under Section 20 who has sufficiently demonstrated, in the judgment of the sheriff or Superintendent, that:

(1) he or she has a particularized need for the license;

(2) he or she is a responsible person; and

(3) the issuance of a license is in the public's interest.

If the application is approved, the sheriff or Superintendent shall submit the application, any accompanying materials, and the application fee to the Department within 30 days of receipt, unless good cause exists to extend this time period. Upon request of a municipal law enforcement agency, the sheriff shall notify the department of the name, address, and date of birth of any person submitting an application for a license. The municipal police department may submit to the sheriff information deemed to be relevant to the application, and the sheriff may consider the information when determining whether to submit an objection. If the applicant is found by a sheriff or Superintendent to be ineligible, the sheriff or Superintendent shall deny the application and notify the applicant in writing, stating the grounds for denial. The notice of denial must inform the applicant that he or she may, within 30 days, appeal the denial. Upon receiving an appeal, the sheriff or Superintendent shall reconsider its decision and inform the applicant within 30 days of the result of the reconsideration. If upon reconsideration the sheriff or Superintendent denies the application, the applicant must be informed of the right to administrative review.

(e) Once the Department has received a recommendation for approval from the sheriff or Superintendent, the Department shall consider whether the applicant is eligible for a license under Section 20, and whether, in the judgment of the Department, the applicant meets the qualifications of subsection (d) of this Section. The Department may issue a license to an applicant who meets these requirements and has obtained the approval of the sheriff or Superintendent. If the applicant is found by the Department to be ineligible, the Department shall follow the procedures set forth in subsection (d) for reconsideration of the application.

(f) The license shall be issued or denied by the Department within 3 months of receipt of a completed application from a sheriff or the Superintendent, unless good cause exists to extend this time period. A license shall be valid throughout the State for a period of 2 years.

(g) Notwithstanding the other provisions of this Act, no license shall be issued under this Act unless and until the Department has reported any persons prohibited from possessing a firearm to the National Instant Criminal Background Check System, Denied Persons Files, in accordance with Public Act 95-564.

(h) Fees authorized by this Act shall be set in amounts sufficient to cover the costs of administering and enforcing this Act, and may be increased at any time as necessary to cover these costs.

(i) The Department shall adopt rules to implement the provisions of this Section.

Section 20. Eligibility of an applicant for a license. The Department shall not issue a license to an applicant completing an application in accordance with Section 25 of this Act unless the person has demonstrated that he or she:

(1) is at least 21 years of age;

(2) has a valid Firearm Owner's Identification Card;

(3) has been a resident of this State for at least the previous 30 days;

(4) has not, in this State or any other state, been convicted of, pled guilty to, or entered a plea of nolo contendere for: (A) a felony, (B) a misdemeanor involving the use or threat of physical force or violence to any person, (C) a misdemeanor involving the use, possession, or distribution of a controlled substance or cannabis within the 10 years preceding the date of the application, or (D) a misdemeanor involving the manufacture, sale, carrying, possession, or use of a firearm or dangerous or deadly weapon or ammunition;

(5) has not been adjudicated a delinquent minor under the Juvenile Court Act of 1987 or a similar law in another jurisdiction, for an offense which, if committed by an adult, would disqualify the adult for a license under this Section;

(6) has not, within the preceding 5 years, been subject to an order of protection, or 2 or more emergency orders of protection, under Section 112A-14 of the Code of Criminal Procedure of 1963 or under Section 214 of the Illinois Domestic Violence Act of 1986, or any similar law in another jurisdiction;

(7) has not been a patient in a mental institution within the past 5 years, has not been adjudicated as having a mental defect, or is not intellectually disabled;

(8) is not free on any form of bond or pretrial release, other than for a traffic offense, and has no outstanding warrants in this State or any other state;

(9) does not chronically and habitually abuse alcoholic beverages as evidenced by the applicant having 2 or more convictions for violating Section 11-501 of the Illinois Vehicle Code or similar provision of a local ordinance or another state's law within 5 years preceding the date of the application, or if the applicant has elected treatment under the supervision of a licensed program in accordance with the Alcoholism and Other Drug Abuse and Dependency Act or similar laws of any other state, within 5 years preceding the date of the application;

(10) has completed firearms training and any educational component required in Section 70 of this Act; and

(11) possesses the same powers of eyesight as required for a driver's license under Section 6-109 of the Illinois Vehicle Code.

Section 25. Contents of application.

(a) The application shall be in writing, under oath and penalty of perjury, on a standard form adopted by the Department and shall be accompanied by the documentation required in this Section and any applicable fees.

(b) The application shall contain the following information:

(1) the applicant's name, current address, home and business telephone numbers, and cell phone number, if any, gender, date and year of birth, place of birth, height, weight, hair color, eye color, maiden name or any other name the applicant has used or identified with, and any address at which the applicant resided for more than 30 days within the 5 years preceding the date of the application;

(2) the present business or occupation and any business or occupation in which the applicant has engaged during the 5-year period immediately preceding the application and the addresses of those businesses or places of employment;

(3) the applicant's driver's license or State identification card number and the last 4 digits of the applicant's social security number;

(4) the marital status of the applicant;

(5) the names and last known addresses of the applicant's spouse and any former spouses, children, stepchildren, and foster children, current household members and household members during the preceding 5 years:

(6) questions to certify or demonstrate the applicant has completed firearms training and any educational component required in Section 70 of this Act;

(7) proof that the applicant is a resident of this State and has been for at least the previous 30 days;

(8) whether the federal government or a governmental entity in any state or subdivision of any state has denied or revoked the applicant's license, permit, registration, or certificate pertaining to any firearm and if so, the jurisdiction, the identifying number of the license, permit, registration, or certificate, the reason, and the date;

(9) whether the applicant has failed a drug test within the preceding 5 years and if so, the provider of the test, the specific substance involved, and date of the test;

(10) whether the applicant has ever been prohibited by law from purchasing, possessing, or carrying a firearm and if so, the jurisdiction, the date, and the reason for the prohibition;

(11) whether the applicant has been suspended or expelled from a postsecondary educational institution, such as a college or university, because of suspected mental illness or violent behavior, and if so, the name of the school, the date, and the reason for the suspension or expulsion;

(12) a description of any incident in which the applicant threatened, injured or killed any person, if a firearm was involved or the incident occurred during the preceding 5 years and the police were involved, including, for each incident, the date, place, time, circumstances, and the names of the persons and police agencies involved, if any;

(13) a waiver of privacy and confidentiality rights and privileges enjoyed by the applicant under any federal and State laws, including those governing access to juvenile court, criminal justice, psychological or psychiatric records, or records relating to the applicant's history of institutionalization, and an affirmative request that any person having custody of the record provide it or information concerning it to the Department;

(14) a conspicuous warning that false statements made by the applicant will result in prosecution for perjury in accordance with Section 32-2 of the Criminal Code of 2012;

(15) an affirmation that the applicant possesses a currently valid Firearm Owner's Identification Card;

(16) an affirmation that the applicant has never been convicted in this State or any other state of (A) a felony, (B) a misdemeanor involving the use or threat of physical force or violence to any person, (C) a misdemeanor involving the use, possession, or distribution of a controlled substance or cannabis within the 10 years preceding the date of the application, or (D) a misdemeanor involving the manufacture, sale, carrying, possession or use of a firearm or dangerous or deadly weapon or ammunition;

(17) an explanation of the applicant's particularized need for and intended use of the firearm, including descriptions of any incident in which the applicant has been threatened or injured, or copies of police reports or restraining orders, if applicable;

(18) the make, model, manufacturer's name, caliber or gauge, and serial number of each firearm to be carried under the license;

(19) written agreement that, if the person is approached by a peace officer while carrying a concealed firearm under the license, the person will immediately inform the officer that he or she is in possession of a firearm and a license to carry a concealed firearm, and will submit to a pat down search and allow the officer to take possession of the firearm for the duration of the encounter;

(20) written consent to submit to one or more field sobriety or chemical tests to determine the presence of alcohol or drugs, at any point when the person is carrying a concealed firearm and the person is approached by a peace officer who has a reasonable suspicion that the person is under the influence of alcohol or a controlled substance;

(21) proof that the applicant possesses the same powers of eyesight as required for a driver's license under Section 6-109 of the Illinois Vehicle Code. If an applicant does not possess a current Illinois driver's license, the applicant may present a current optometrist's or ophthalmologist's statement certifying the vision reading obtained from the applicant; and

(22) any other information that the sheriff, Superintendent, or the Department finds necessary to process an application.

(c) A person applying for a license shall provide a head and shoulder color photograph in a size specified by the Department that was taken within the 30 days preceding the date of the application. The applicant shall consent to both the sheriff or Superintendent and the Department reviewing and using the applicant's digital driver's license or Illinois Identification photograph and signature, if available. The Secretary of State shall allow the sheriff or Superintendent and the Department access to the photograph and signature for the purpose of identifying the applicant and issuing to the applicant a license.

(d) A person applying for a license shall submit with an application a full set of legible fingerprints. Fingerprinting may be administered by the Department or any other federal, State, county, or municipal law enforcement agency. The cost of fingerprinting shall be paid by the applicant. The Department shall accept a hard copy or electronic version of fingerprints.

(e) A person applying for a license shall submit a photocopy of a certificate or other evidence of completion of a course to show compliance with Section 70 of this Act.

(f) The Department is authorized to establish a system for electronically submitting applications, including applications for renewal or a replacement license.

Section 30. Investigation of applicant.

(a) The sheriff, or if the applicant resides in the City of Chicago, the Superintendent of Police, shall complete a background check on an applicant for a license to carry a concealed firearm to ensure compliance with the requirements of this Act and any federal, State, and local laws. The background check shall include a search of the following:

(1) the National Instant Criminal Background Check System of the Federal Bureau of Investigation;

(2) any available State and local criminal history record information files, including records of juvenile adjudications;

(3) any available federal, State, and local records regarding wanted persons;

(4) any available federal, State, and local records of domestic violence restraining and protective orders;

(5) any available federal, State, and local records identifying persons who are unlawful users of or addicted to any controlled substance (as defined in Section 802 of Title 21 of the United States Code);

(6) the files of the Department of Human Services relating to mental health and developmental disabilities; and

(7) any other available files of any federal, State, local agency, and other entity (private or public) in any jurisdiction likely to contain information relevant to whether the applicant is prohibited from purchasing or possessing a firearm under federal, State, or local law.

(b) As part of its investigation, the sheriff, Superintendent, or Department may, at its discretion, conduct interviews of the applicant, any of the applicant's current or former family or household members, co-workers, employers, neighbors, the character references as listed on the application, and any other member of the public who may have information relevant to the application.

(c) In addition to the above, the sheriff, Superintendent, or Department may, at its discretion, require the applicant, at the applicant's expense, to undergo a mental health examination by a licensed psychiatrist or psychologist or any other tests, interviews, or examinations that it believes appropriate.

Section 35. Database of applicants and licensees.

(a) The Department shall maintain a database of applicants for a license and licenses. The database shall be available to any law enforcement agencies, State's Attorneys, and the Attorney General. Members and staff of the judiciary may access the database for the purpose of determining whether to confiscate a license or to ensure compliance with this Act or any other law. The database shall be searchable and provide any information included in the application, a photograph of the applicant or licensee, and any information related to violations of this Act. Individual law enforcement agencies shall not maintain a separate, searchable database of applicants and licensees containing information included in the database.

(b) The Department shall make available on its website statistical information about the number of licenses issued by county, age, race, or gender. The Department shall also make available on its website and upon request information about the number of arrests and convictions and the types of crimes committed since the last report by licensees. The report shall be updated quarterly. Except as provided in this subsection, applications and information in the database shall be confidential and exempt from disclosure under the Freedom of Information Act. The sheriff, Superintendent, or Department may answer requests to confirm or deny whether a person has been issued a license as part of inquiries dealing with a criminal investigation, and may disclose the existence of an application as necessary to conduct the interviews authorized by subsection (b) of Section 30. No law enforcement agency, State's Attorney, or member or staff of the judiciary, other than the Department, shall provide any information to a requester not entitled to it by law, except as provided in this subsection.

Section 40. Suspension or revocation of a license.

(a) A license issued or renewed under this Act shall be revoked if, at any time, the licensee is found ineligible for a license based on the criteria set forth in Section 20 of this Act or the licensee no longer possesses a Firearm Owner's Identification Card. This subsection does not apply to a person who has filed an application with the State Police for renewal of a Firearm Owner's Identification Card and who is not otherwise ineligible to obtain a Firearm Owner's Identification Card.

(b) A license shall be revoked if an order of protection under Section 112A-14 of the Code of Criminal Procedure of 1963 or under Section 214 of the Illinois Domestic Violence Act of 1986 is issued against a licensee, or if the Department is made aware of a similar order issued against the licensee in any other jurisdiction. If an order of protection is issued against a licensee, the licensee shall surrender the license, as applicable, to the court at the time the order is entered or to the law enforcement agency or entity designated to serve process at the time the licensee is served the order. The court, law enforcement agency, or entity responsible for serving the order shall transmit the license to the Department.

(c) The Department may temporarily or permanently suspend a license for a violation of Section 55 of this Act in accordance with subsection (g) of Section 55.

(d) A license shall be invalid upon expiration of the license, unless the licensee has submitted an application to renew the license. A person who fails to renew his or her application within 30 days after its expiration must reapply for a new license and pay the fee for a new application.

(e) The Department may suspend a license if a licensee fails to submit a change of address or name or fails to report a lost or destroyed license to the Department within 30 days.

Section 45. Renewal of license.

(a) Not later than 120 days before the expiration of any license issued under this Act, the Department shall notify the licensee in writing of the expiration and furnish an application for renewal of the license or make the application available on-line.

(b) Applications for renewal of a license shall be made to the office of the sheriff of the county in which the applicant resides with any accompanying materials and fees, unless the applicant resides in the City of Chicago, in which case the application shall be made to the Superintendent of Police. The sheriff or Superintendent shall follow the procedures in Section 15 for submittal of the renewal application and accompanying materials to the Department. A license may be renewed for a period of 2 years upon receipt of a completed renewal application, renewal fees, and completion of an investigation under Section 30. The renewal application shall contain the information required in Section 25, except that the applicant need not resubmit a full set of fingerprints. A license holder must repeat the safety training and testing requirements in Section 70 at least once every 4 years, and more frequently at the discretion of the sheriff or Superintendent.

Section 50. Change of address, change of name, or lost or destroyed licenses.

(a) The licensee shall notify the Department within 30 days of moving or changing a residence or any change of name, and upon the discovery of the loss or destruction of a license.

(b) If a licensee changes residence within this State or changes his or her name, the licensee shall request a new license. The licensee shall submit a fee in an amount set by the Department, a notarized statement that the licensee has changed residence or his or her name, and a photograph as required in Section 25 of this Act. The statement must include the prior and current address or name and the date the applicant moved or changed his or her name.

(c) A lost or destroyed license shall be invalid. To request a new license, the licensee shall submit (1) a fee in an amount set by the Department, (2) a notarized statement that the licensee no longer possesses the license and that it was lost or destroyed, (3) a copy of a police report stating that the license was lost, destroyed, or stolen, and (4) a photograph as required in Section 25 of this Act.

Section 55. Restrictions.

(a) No license issued under this Act shall authorize any person to knowingly carry a concealed firearm into:

(1) Any building under the control of the Governor, Lieutenant Governor, Attorney General, Secretary of State, Comptroller, or Treasurer.

(2) Any building under control of the General Assembly or any of its support service agencies, including the portion of a building in which a committee of the General Assembly convenes for the purpose of conducting meetings of committees, joint committees, or legislative commissions.

(3) Any courthouse or building occupied in whole or in part by the Circuit, Appellate, or Supreme Court or a room designated as a courtroom for court proceedings by any of these courts.

(4) Any meeting of the governing body of a unit of local government or special district.

(5) Any place which is licensed to sell intoxicating beverages.

(6) Any area of an airport to which access is controlled by the inspection of persons and property.

(7) Any place where the carrying of a firearm is prohibited by federal law.

(8) Any elementary or secondary school.

(9) Any portion of a building used as a child care facility. Nothing in this Section shall prevent the operator of a child care facility in a family home from owning or possessing a firearm or license, so long as the firearm is stored unloaded in a locked container.

(10) Any gaming facility licensed under the Riverboat Gambling Act or the Illinois Horse Racing Act of 1975.

(11) Any gated area of an amusement park.

(12) Any stadium, arena, or collegiate or professional sporting event.

(13) A hospital or mental health facility.

(14) A library without the written consent of the library's governing body. The governing body shall inform the appropriate law enforcement agency of the consent.

(15) Any police, sheriff, or State Police office or station without the consent of the chief law enforcement officer in charge of that office or station.

(16) Any adult or juvenile detention or correctional institution, prison, or jail.

(17) Any polling place on any election day.

(18) Any street fair or festival, farmer's market, carnival, concert, protest, parade or other temporary special event, that is conducted primarily outdoors on property open to the public, and that requires the issuance of a permit from the city or county where it occurs, unless the city or county specifically authorizes licensees to carry concealed firearms at the event.

(19) Any private property without the express permission of the owner, manager, operator, or individual with the authority to control activities in that place at that time. This provision shall apply to private property of any kind, including private residences and places of business, regardless of whether they are open or closed to members of the public.

(20) Any building owned, leased, or controlled by a municipality or any building or property owned, leased or controlled by a school district unless authorized by a majority vote of members of its governing board. Nothing in this paragraph shall prohibit a licensee from carrying a concealed firearm on any sidewalk, on any highway or roadway, in any public restroom, or in the licensee's own residence.

(a-1) Nothing in this Act shall preempt, abridge, limit, or diminish the authority of community colleges, and public and private colleges and universities from prohibiting, restricting or otherwise regulating firearms on or in close proximity to their campuses, grounds and other property, including but not limited to sidewalks, commons, and highways, owned by the school district, community college, or public or private college or university or in buildings used in whole or in part for housing, classrooms, laboratories, medical clinics, hospitals, and artistic, athletic and entertainment venues; or on or in property owned, controlled or leased by officially recognized student organizations or officially recognized university-related organizations.

(a-2) Nothing in this Act shall preempt, abridge, limit or diminish the authority of community colleges, and public and private colleges and universities from prohibiting persons from carrying a firearm into a vehicle owned, leased or controlled by the school districts, community colleges, or public or private college or universities regardless of where the vehicle travels. School districts, community colleges, and public or private colleges or universities may develop resolutions, regulations, or policies regarding the storage and maintenance of firearms, including but not limited to designating areas where individuals may park vehicles that carry firearms. These resolutions, regulations, or policies may specify that persons in violation of the resolutions, regulations, or policies may be denied entrance to the campus, grounds, building, vehicles or other property and subjected to a civil fine of no more than $1,500 for any violation of the provisions of the resolution, regulation, or policy.

(a-3) Nothing in this Act shall preempt, abridge, limit, or diminish the authority of community colleges, and public or private colleges or universities from taking actions proscribed by their resolutions, regulations, or policies against violations of the resolutions, regulations, or policies, which may qualify as student, employee, or visitor misconduct and may result in discipline, including, but not limited to, expulsion from the school district, community college, or public or private college or university, termination of employment or appointment, or suspension or banning from the school district, community college, or public or private college or university campuses, grounds and other property.

(a-4) Nothing in this Act shall preempt, abridge, limit, or diminish the authority of community colleges, and public or private colleges and universities from permitting the carrying or use of firearms for the purposes of instruction and curriculum of officially recognized programs, such as military science programs. These programs shall be authorized by the chief executive officer of the community college, or public or private college or university or his or her designee.

(b) A licensee shall not be in violation of this Section while he or she is traveling along a public right of way that touches or crosses any of the premises specified in subsection (a) if the handgun is carried on his or her person in accordance with the provisions of this Act or is being transported in a vehicle by the licensee in accordance with any other applicable provisions of law.

(c) A license to carry a concealed firearm issued or renewed under this Act may include any additional reasonable restrictions or conditions which the Department deems warranted, including restrictions as to the time, place, manner, and circumstances under which the person may carry a firearm. No license to carry a concealed firearm issued under this Act shall be valid within the City of Chicago unless the Superintendent of Police of that City has issued a special permit authorizing the license holder to carry a concealed firearm in the City. No license to carry a concealed firearm shall be valid in Cook County outside the City of Chicago unless the Cook County Sheriff has issued a special permit authorizing the license holder to carry a concealed firearm in Cook County, except that a license holder who has received a special permit from the Superintendent of Police of the City of Chicago shall be authorized to carry a concealed firearm throughout Cook County.

(d) If a law enforcement officer initiates an investigative stop, including but not limited to a traffic stop, of a licensee who is carrying a concealed firearm, the licensee shall immediately disclose to the officer that he or she is in possession of a concealed firearm under this Act. The licensee shall comply with any lawful orders and directions from the officer. For the safety of the officer and the public, the officer may conduct a pat down of the licensee and take possession of the firearm for the duration of the encounter.

(e) A licensee shall not carry a concealed firearm while under the influence of alcohol or any drug, substance, or compound in an amount that would render the licensee unfit to drive under Section 11-501 of the Illinois Vehicle Code. If a licensee is approached by a peace officer while carrying a concealed firearm and the officer has a reasonable suspicion that the licensee is under the influence, the officer may require the licensee to submit to one or more field sobriety or chemical tests to determine the presence of alcohol or any drug, substance, or compound that would render the licensee unfit to drive under Section 11-501 of the Illinois Vehicle Code.

(f) A violation of subsection (a), (b), (c), (d), or (e) is a Class B misdemeanor. A knowing violation of subsection (a), (b), (c), (d), or (e) is a Class A misdemeanor. The court may require a licensee to pay a $150 fee, in addition to any other fees or court costs, for a violation of subsection (d).

(g) The Department may suspend a license for up to 180 days for a violation of subsection (a), (b), (c), (d), or (e). The Department shall permanently revoke a license for a willful violation of this Section.

Section 60. Immunity, employees, and agents. The office of the county sheriff, or any employee or agent of the county sheriff, or the Superintendent of the Chicago Police Department or any employee or agent of the Superintendent, or the Department of State Police shall not be liable for damages in any civil action arising from alleged wrongful or improper granting, denying, renewing, revoking, suspending, or failure to grant, deny, renew, revoke, or suspend licenses issued under this Act, except for willful or wanton misconduct.

Section 65. Statistical report.

(a) By March 1 of each year, the Department shall submit a statistical report to the Governor, the President of the Senate, and the Speaker of the House of Representatives indicating the number of licenses issued, revoked, suspended, denied, and issued after appeal since the last report and in total and also the number of licenses currently valid. The report shall also include the number of arrests and convictions and the types of crimes committed since the last report by licensees, including the name of any licensee who has been convicted of a crime, and the type of crime.

(b) The Secretary of State shall conduct a study to determine the cost and feasibility of creating a method of adding an identifiable code, background, or other means to show that an individual has been issued a license by the Department on the person's driver's license.

Section 70. Applicant training.

(a) Students in the applicant training course shall provide their own safe, functional handgun and factory-loaded ammunition. The applicant shall complete the requirements of this Section for each particular make and model of handguns that the applicant may be licensed to carry.

(b) The applicant training course shall be the standardized training course approved by the Department. The sheriff, or, if the applicant resides in the City of Chicago, the Superintendent may impose additional requirements for the training course. The course shall be taught by a qualified firearms instructor, consisting of at least 8 hours of instruction, covering at least the following topics for each particular handgun to be carried by the applicant:

(1) handgun safety in the classroom, at home, on the firing range, or while carrying the firearm;

(2) the basic principles of marksmanship;

(3) care and cleaning of each particular handgun to be carried by the applicant;

(4) by means of a instruction and videotape produced or approved by the Department:

(A) the requirements for obtaining a license to carry a concealed firearm in this State;

(B) laws relating to firearms as prescribed in this Act, the Firearm Owners Identification Card Act, Article 24 of the Criminal Code of 2012, and 18 U.S.C. 921 through 930; and

(C) laws relating to the justifiable use of force as prescribed in Article 7 of the Criminal Code of 2012.

(5) live firing exercises of sufficient duration for each applicant to fire each particular handgun to be carried by the applicant:

(A) a minimum of 50 rounds; and

(B) 30 rounds from a distance of 7 yards and 20 rounds from a distance of 15 yards at a B-21 silhouette or equivalent target as approved by the Department;

(6) methods for safely storing and securing firearms and ammunition and preventing access by children and other unauthorized persons; and

(7) techniques for avoiding a criminal attack and how to manage a violent confrontation, including conflict resolution.

(c) Prior to conducting range firing, the course instructor shall:

(1) inspect each applicant's firearm; and

(2) not allow the firing of a handgun which is not in sound mechanical condition or otherwise may pose a safety hazard.

(d) The classroom portion of the course may, at the qualified firearms instructor's discretion, be divided into segments of not less than 2 hours each.

(e) Applicant training courses shall not be open to anyone under the age of 21 and no certificate of completion shall be issued to persons less than 21 years of age.

(f) Instructors shall maintain any records for students' performance for not less than 5 years.

(g) At the conclusion of the classroom portion of the applicant training course, the qualified firearms instructor shall:

(1) distribute a standard course examination to the students;

(2) not leave the room in which the examination is being held while the examination is in progress;

(3) collect examination booklets and answer sheets from each student at the end of the examination period; and

(4) not grade the examinations in the presence of students.

(h) A person shall not:

(1) make an unauthorized copy of the applicant training course examination, in whole or in part; or

(2) possess the applicant training course examination, or questions from the examination, unless authorized by the Department.

(i) During the firearms safety training course, the applicant must satisfactorily demonstrate to the course instructor the safe handling of each particular handgun to be carried by the applicant. This demonstration must include the proper loading and unloading of the handgun, the proper engaging and disengaging of common firearm safety mechanisms, and the proper firing of the handgun. If the handgun has a detachable magazine, the demonstration must also include the proper removal and reattachment of the magazine.

(j) Grades of "passing" shall not be given on range work to an applicant who:

(1) does not follow the orders of the certified firearms instructor;

(2) in the judgment of the certified firearms instructor, handles a firearm in a manner that poses a danger to the applicant or to others; or

(3) during the testing portion of the range work fails to hit the silhouette portion of the target with 70% of the 30 rounds fired for each particular handgun to be carried by the applicant.

(k) Certified firearms instructors shall:

(1) allow monitoring of their classes by officials of any certifying agency;

(2) make any course records available upon demand to authorized personnel of the Department; and

(3) not divulge course records except as authorized by the certifying agency.

(l) Fees for applicant training courses shall be set by the instructor.

(m) An applicant training course shall not have more than 40 students in the classroom portion or more than 5 students per range officer engaged in range firing.

(n) Within 3 business days after the completion of the course, the certified firearms instructor shall:

(1) grade the examinations; and

(2) issue to the student:

(A) a certificate of successful course completion; or

(B) notification that the applicant has failed the written portion of the course, the live firing portion of the course, or both, and will not be issued a certificate of completion.

(o) A student shall be issued a certificate of completion if he or she:

(1) answers at least 70% of the written examination questions correctly. The Department shall develop the written exam not to exceed 50 questions; and

(2) achieves a grade of "passing" on the range work.

(p)(1) Students who score below 70% on the written examination may retake the examination one time without having to retake the course.

(2) Students who do not achieve a grade of "passing" on the range work may repeat the range work one time without having to retake the course.

(q) For purposes of this Section, successful completion of Firearms Instructor Training under Section 75 shall meet the training requirements of this Section if approved by the sheriff or Superintendent.

Section 75. Firearms instructors training.

(a) Not later than 90 days after the effective date of this Act, the Department shall offer and teach courses to qualify instructors under this Section in each State Police District that has a suitable gun range. Courses shall be available at least bi-monthly, or whenever 5 or more individuals request a class in any State Police District. However, nothing in this Section shall require a course to be held if there are no requests pending, and adjoining districts may combine classes in order to have at least 5 participants.

(b) Persons who are not qualified firearms instructors shall not teach applicant training courses or advertise or otherwise represent courses they teach as qualifying their students to meet the requirements to receive a license under this Act.

(c) Persons who are not certified instructor trainers shall not teach instructor qualification courses.

(d) Persons wishing to become qualified firearms instructors shall:

(1) be at least 21 years of age;

(2) be a citizen of the United States; and

(3) meet the requirements of Section 20, and any additional requirements established by the Department.

(e) Persons wishing to become instructor trainers, in addition to the requirements of subsection (d) of this Section, shall:

(1) possess a high school diploma or GED certificate; and

(2) have at least one of the following valid firearms instructor certifications:

(A) certification from a firearms instructor's course offered by a State or federal governmental agency; or

(B) a similar firearms instructor qualifying course, approved by the Director of State Police or his or her designee.

(f)(1) Persons wishing to become qualified firearms instructors or instructor trainers shall agree to background checks.

(2) An applicant to become a qualified firearms instructor may be disqualified from taking firearms instructor training, or have his or her instructor qualification revoked, if the applicant:

(A) does not meet the requirements of Section 20 of this Act;

(B) provides false or misleading information on the application; or

(C) has had a prior instructor qualification revoked by the Department or other issuing body.

(g) The training course to certify firearms instructors and instructor trainers shall include:

(1) At least 16 hours of instruction covering at least the following topics by means of a videotape produced or approved by the Department:

(A) the requirements for obtaining a license under this Act;

(B) laws relating to firearms as contained in this Act, the Firearm Owners Identification Card Act, Article 24 of the Criminal Code of 2012, and 18 U.S.C. 921 through 930;

(C) laws relating to the justifiable use of force as contained in Article 7 of the Criminal Code of 2012;

(D) the conducting of applicant training courses;

(E) record-keeping requirements of this Act;

(F) the basic nomenclature of handguns;

(G) the basic principles of marksmanship; and

(H) the safe handling of handguns.

(2) A classroom demonstration, during which the instructor candidate shall receive instruction on and demonstrate competency in the ability to prepare and deliver a classroom presentation using materials from the applicant curriculum.

(3) Range instruction and firing of live ammunition, during which the instructor candidate shall receive instruction on and demonstrate competency in the ability to:

(A) handle and fire a handgun safely and accurately;

(B) conduct a function test and safety inspection of revolvers and pistols;

(C) clean revolvers and pistols; and

(D) supervise and conduct live firing exercises in a safe and efficient manner.

(h) To qualify as a certified firearms instructor or instructor trainer, instructor candidates shall meet any requirements established by the Department, and achieve:

(1) a minimum score of 80% on a written examination covering the material taught during the classroom portion of the course; and

(2) a minimum score of 80% on range firing of a handgun while aiming at a B-21 silhouette target or an equivalent as approved by the Department, with a minimum of:

(A) 20 rounds from 7 yards; and

(B) 10 rounds from 15 yards; and

(C) a score of "passing" from the course instructor for demonstrating competency in each of the following:

(i) supervising and conducting live fire;

(ii) cleaning and inspecting handguns; and

(iii) preparing and delivering the classroom lecture.

(i) Instructor candidates who fail to meet the minimum requirements of subsection (h) of this Section may retake the examination, range work, or classroom demonstration one time without having to repeat the course.

(j) Qualified firearms instructor and instructor trainer certificates shall be valid for 10 years from the date of issue. Qualified firearms instructors or instructor trainers may renew their certification by successfully completing a refresher course offered or approved by the Department.

(k) The fees for instructor courses or refresher courses shall be $100 per student paid to the Department. Fees shall not be refunded to those who do not pass or otherwise fail to complete a course.

(l) Course participants shall provide their own safe, functional handgun and factory-loaded ammunition.

(m) Prior to conducting range firing, the course instructor shall:

(1) inspect each applicant's firearm; and

(2) not allow the firing of a handgun which is not in sound mechanical condition or otherwise may pose a safety hazard.

Section 80. Features of a license.

(a) If an application for a license to carry a concealed firearm is approved, the Department shall issue to the applicant a license to carry a concealed firearm on a form prescribed by the Department which contains the applicant's name, photograph, residence address, date of birth, a unique license number, the make, model, caliber or gauge, and serial number of the firearm or firearms to be carried, other personal information as may be required by the Department, the date the license expires, and any additional restrictions or conditions the Department may impose on the applicant's carrying of a firearm.

(b) A license to carry a concealed firearm issued by the this State shall not exempt the licensee from the requirements of a background check, including a check of the National Instant Criminal Background Check System, upon purchase or transfer of a firearm.

Section 85. Definitions. As used in Sections 85 through 150 of this Act:

"Ammunition" has the same meaning as "firearm ammunition" in Section 1.1 of the Firearm Owners Identification Card Act.

"Applicant" means a person who is seeking the issuance or renewal of a registration certificate for a firearm that he or she owns or possesses.

"Department" means the Department of State Police.

"Firearm" has the same meaning as "firearm" in Section 1.1 of the Firearm Owners Identification Card Act.

"Person" means any individual, corporation, company, association, firm, partnership, club, organization, society, joint stock company or other entity.

"Registrant" means a person who has been issued a registration certificate for a firearm that he or she owns or possess.

Section 90. Firearm registration requirement.

(a) Every person in the State must register each firearm he or she owns or possesses in accordance with this Act.

(b) No person shall deliver a firearm, and no person shall receive or obtain a firearm, until each of the following has occurred:

(1) the buyer or transferee has completed an application to register the firearm at the place of business of a federally licensed firearms dealer in accordance with Section 105;

(2) the federally licensed firearms dealer has verified that the prospective registrant is the person whose driver's license or other government-issued identification card is contained in the application;

(3) the federally licensed firearms dealer has transmitted the completed application to register the firearm to the Department of State Police in a manner prescribed by the Department; and

(4) the federally licensed firearms dealer has provided a receipt for the application to the prospective registrant on a form to be prescribed by the Department.

(c) A person shall be deemed to have complied with subsection (a) of this Section for a firearm if he or she produces a valid receipt indicating that he or she has applied to register that firearm in accordance with this Act and the application is pending.

Section 95. Ammunition purchase, possession, delivery.

(a) No person shall purchase or possess ammunition within this State without having first obtained a registration certificate identifying a firearm that is suitable for use with that ammunition, or a receipt demonstrating that the person has applied to register a suitable firearm in accordance with this Act and that the application is pending.

(b) No person shall deliver ammunition to any person within this State without having first verified that the ammunition purchaser possesses a registration certificate for a firearm that is suitable for use with that ammunition, or a receipt demonstrating that the person has applied to register a suitable firearm in accordance with this Act and the application is pending.

Section 100. Exceptions. Sections 90 and 95 do not apply to the ownership, possession, or receipt of a firearm or ammunition by, or delivery of a firearm or ammunition to:

(1) any law enforcement or corrections agency, or law enforcement or corrections officer acting within the course and scope of his or her employment or official duties;

(2) a United States Marshal or member of the Armed Forces of the United States or the National Guard, or a federal official, who is required to possess a firearm in the operation of his or her official duties;

(3) licensed firearms manufacturers, importers, or dealers, while engaged in the course and scope of their activities as licensees, provided that the persons are properly licensed under federal, state, and local law;

(4) a gunsmith who is in possession of a firearm solely for the purposes of service or repair;

(5) a common carrier, warehouseman, or other person engaged in the business of transporting or storing goods, to the extent that the possession or receipt of any firearm is in the ordinary course of business and not for the personal use of any person;

(6) a person who is under 18 years of age who is in possession of a registered firearm for lawful hunting or sporting purposes or for any other lawful recreational activity while under the direct supervision and control of the registrant;

(7) a person who is 18 years of age or older who is in possession of a registered firearm while accompanying the registrant and using the firearm for lawful hunting or sporting purposes or for any other lawful recreational activity;

(8) a new resident of the State who has brought his or her firearm into the State within the preceding 90 days, or who produces a valid receipt indicating that he or she has applied to register the firearm within this time period and the application is pending;

(9) nonresidents of this State participating in lawful hunting or sporting activity or other lawful recreational activity in this State, provided that their ownership or possession of a firearm for those purposes is lawful in the jurisdiction in which they reside, and that the weapon is transported in compliance with 18 U.S.C. 926A;

(10) a person being loaned a firearm solely for the purpose of shooting at targets, if the loan occurs on the premises of a properly licensed target facility, and the firearm is always kept within the premises of the target range;

(11) a person who has acquired a firearm by operation of law upon the death of the former owner of the firearm within the preceding 90 days, or who produces a valid receipt indicating that he or she has applied to register the firearm within this time period and the application is pending;

(12) a person lawfully transporting a firearm through Illinois in accordance with 18 U.S.C. 926A; or

(13) an adult family member of the registrant of the firearm if the registrant resides with the family member but is not currently present in the residence, provided that the family member does not maintain control over the firearm for more than 14 consecutive days. This exception shall not apply if the registrant or the family member knows or has reasonable cause to believe that federal, State, or local law prohibits the family member from purchasing or possessing firearms, or the registrant knows or has reasonable cause to believe that the family member is likely to use the firearm for unlawful purposes.

(14) 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;

(15) color guards of bona fide veterans organizations or members of bona fide American Legion bands while using firearms for ceremonial purposes with blank ammunition;

(16) nonresidents while at a firearm showing or display recognized by the Department, provided that at any other times and in any other places the weapon is transported in compliance with 18 U.S.C. § 926A; or

(17) 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 the 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, provided that the weapons are transported in compliance with 18 U.S.C. 926A.

Section 105. Application to register a firearm.

(a) Any person who is required to register a firearm under this Act shall:

(1) For a newly purchased firearm or firearm presently obtained as a gift or through other transfer, other than a firearm obtained by operation of law upon the death of the former owner, apply to register the firearm at the place of business of a federally licensed firearms dealer in accordance with Section 90.

(2) For a firearm that was lawfully owned or possessed on the effective date of this Act, was brought into the State by a new resident, or was acquired by operation of law upon the death of the former owner:

(A) appear in person at the place of business of a federally licensed firearms dealer; and

(B) complete and submit to the Department the application, in writing, signed under penalty of perjury, on a form prescribed by the Department.

(b) A federally licensed firearms dealer shall process an application for registration at its place of business in accordance with Section 90 and this Section whenever it is requested. The federally licensed firearms dealer shall:

(1) make available the form for an application to register a firearm upon request;

(2) verify that the prospective registrant is the person whose driver's license or other government-issued identification card is contained in the application;

(3) transmit the completed application to register the firearm to the Department of State Police in a manner prescribed by the Department; and

(4) provide a receipt for the application to the prospective registrant on a form to be prescribed by the Department.

The federally licensed firearms dealer may charge a fee for this service.

(c) Any person who is required to register a firearm must provide the following information on a registration application created by the Department, which form shall include:

(1) the applicant's full name and any other name by which the applicant has ever been known;

(2) the home address and telephone number of the applicant;

(3) the occupation, business address, and telephone number of the applicant;

(4) the applicant's gender, race, height, weight, date of birth, place of birth, country of citizenship, social security number, and, if the applicant is not a U.S. citizen, alien or admission number;

(5) a copy of the applicant's current driver's license or other government-issued identification card containing a photograph of the applicant;

(6) information concerning any denial or revocation of a license, permit or registration certificate pertaining to any firearm owned or possessed by the applicant;

(7) the make, model, manufacturer's name, caliber or gauge, and serial number of any firearms for which the applicant seeks to obtain a registration certificate;

(8) the date the applicant acquired each firearm;

(9) for any firearms to be transferred under paragraph (a)(1), the name, address, and telephone number of the person from whom each firearm was obtained, and in the case of a firearms dealer, the dealer's license number;

(10) the name of, and description of any instance in which, any court, board, commission or other lawful authority has done either of the following, including dates of commitment and release:

(A) determined that the applicant, as a result of marked subnormal intelligence, mental illness, incompetency, condition, or disease, was a danger to himself or herself or others, lacked the mental capacity to contract or manage his or her own affairs, or was not guilty of a crime by reason of insanity or incompetent to stand trial; or

(B) involuntarily committed the person to a mental institution (including the name and address of the institution); and

(11) an authorization and release to obtain information relevant to the person's eligibility to register a firearm under this Act, from any source, that waives any right to confidentiality and requests the disclosure of the information to the Department for the sole purpose of determining the person's eligibility to register a firearm under this Act;

(12) the applicant's right thumbprint;

(13) two identical color photographs of the applicant's face, frontal view, 2 inches square in size, taken within the 30 days immediately preceding the application, as specified in rules of the Department; and

(14) any additional information the Department deems necessary to process the application.

(d) The Department may charge a fee to cover the administrative costs of the registration for each firearm.

Section 110. Investigation by Department.

(a) In addition to the requirement of a background check upon sale of a firearm under Sections 3 and 3.1 of the Firearm Owners Identification Card Act, the Department must complete a background check of any person who applies for:

(1) a registration certificate for a firearm that was lawfully owned or possessed on the effective date of this Act, was brought into the State by a new resident, or was acquired by operation of law upon the death of the former owner;

(2) a registration certificate for a firearm that was transferred to the applicant without the background check required by Section 3.1 of the Firearm Owners Identification Card Act; or

(3) a renewal of a registration certificate unless, within 12 months of the date the renewal application is submitted, the applicant passed a background check conducted by the Department in connection with the applicant's acquisition of another firearm.

(b) The background check required by subsection (a) shall be equivalent in scope to the background check that is conducted upon transfer of a firearm in accordance with Sections 3 and 3.1 of the Firearm Owners Identification Card Act.

(c) No registration certificate shall be issued or renewed if the applicant is prohibited from purchasing or possessing a firearm under federal, State, or local law.

Section 115. Registration approval, denial or revocation.

(a) After consideration of an application for a registration certificate or for renewal of a registration certificate and any information obtained relative thereto, the Department shall either approve or deny the application and notify the applicant in writing of the decision, including the reason for denial, and the appeal procedures under Section 125.

(b) The Department may grant or renew a registration certificate only if the applicant is in compliance with this Act and any other applicable federal, State, and local laws relating to firearms and ammunition.

(c) The Department shall deny the issuance or renewal of a registration certificate, or shall revoke an existing registration certificate:

(1) for failure to meet any of the requirements of this Act, including the requirements for renewal under Section 135, or any other applicable federal, state, or local law relating to firearms or ammunition;

(2) for fraud or misrepresentation in securing a registration certificate;

(3) if the applicant is or becomes prohibited from purchasing or possessing a firearm under federal, State, or local law; or

(4) upon the occurrence of any event or circumstance that would disqualify the registrant from being issued the original registration certificate.

Section 120. Features and use of firearm registration certificates.

(a) If the application to register a firearm is approved, the Department shall issue to the registrant a registration certificate on a form prescribed by the Department for each firearm listed on the application. Each registration certificate must contain the date of the registration, a unique registration number, the registrant's name, residence address, date of birth, photograph, the make, model, manufacturer's name, caliber or gauge and serial number of the firearm, the date the registration certificate expires, and other personal information as may be required by the Department.

(b) The registration certificate shall not be transferable or assignable.

Section 125. Appeal procedure.

(a) If an application to register a firearm or to renew a registration certificate is denied, or if a registration certificate is revoked, the Department shall inform the applicant or registrant in writing of the reasons for the denial or revocation, and of the appeal procedures under this Section. The applicant may, within 30 days after receiving notice of the denial or revocation, file an appeal of the denial or revocation with the Department. The appeal must be made in writing, setting forth the specific grounds for the appeal.

(b) If the applicant or registrant submits a timely appeal, the Department shall hold a hearing to reconsider its decision. The Department shall provide a written decision regarding the appeal. The decision of the Department upon reconsideration shall be subject to judicial review.

(c) In the event that the decision to deny the application or revoke the registration certificate is affirmed, the decision to deny the application or revoke the registration shall become final only after the time for judicial review of the decision upon reconsideration has expired.

Section 130. Surrender and removal of firearms upon denial or revocation of registration.

(a) When a decision to deny an application to register, to renew a registration certificate, or to revoke a registration certificate becomes final, the applicant or registrant must immediately surrender to the Department the firearm for which the applicant was denied registration or renewal or for which the registration certificate was revoked.

(b) If an applicant or registrant fails to surrender his or her firearm to the Department after he or she receives notice that the decision to deny an application to register, to renew or to revoke a registration certificate becomes final, the Department shall retrieve the firearm within 48 hours.

Section 135. Duration and renewal.

(a) Registration certificates shall expire automatically 2 years after the date of issuance. To apply for renewal of a registration certificate, the registrant shall complete an application for registration as described in Section 105.

(b) The Department shall mail renewal notices to each registrant at least 90 days prior to expiration of the registration certificate. Applications for renewal shall be received by the Department 30 days prior to the expiration of the current registration certificate.

(c) The renewal process for each registrant shall include a background check, as provided in Section 110.

(d) The Department shall follow the procedures of Section 115 in approving or denying the application for renewal.

Section 140. Firearm registration records. The Department shall retain an accurate record of each application for a registration certificate, received and acted upon, together with any other information pertaining thereto on any applications issued or denied under the provisions of this Act. The information shall be maintained in an accessible manner and available to any law enforcement agencies upon request.

Section 145. Reporting requirements for registrants. A registrant shall report to the Department:

(a) within 48 hours of the time he or she discovered or should have discovered any change in his or her status that would affect his or her eligibility to own or possess a firearm or registration certificate; and

(b) within 14 days of the occurrence of:

(1) any change in the information appearing on the registration certificate that would not affect his or her eligibility for the registration certificate; or

(2) the time he or she knew or should have known of the loss, theft, or destruction of a registration certificate.

Section 150. Sentence.

(a) The following persons shall be subject to a civil penalty not to exceed $5,000:

(1) Any new resident who brings a firearm into the State and who fails to lawfully dispose of or apply to register the firearm within 90 days of entering this State.

(2) Any person who acquires a firearm by operation of law upon the death of the former owner and who fails to lawfully dispose of or apply to register the firearm within 90 days of acquiring the firearm.

(3) Any person who owns or possesses a firearm in this State on the effective date of this Act and fails to lawfully dispose of or apply to register the firearm within 120 days of the effective date of this Act.

(b) Any person who owns or possesses a firearm after his or her registration certificate for that firearm has been revoked, or any federally licensed firearms dealer who fails to comply with its duties under Section 105 is guilty of a Class 4 felony.

(c) Except as provided in subsections (a) and (b) and in Section 100, any person who owns or possesses an unregistered firearm in the State that he or she did not own or possess on the effective date of this Act is guilty of a Class 2 felony.

(d) Any person who knowingly enters false information on an application to register a firearm, who knowingly gives a false answer to any question on the application, or who knowingly submits false evidence in connection with an application is guilty of a Class 2 felony.

(e) Any person who acquires or possesses ammunition in violation of subsection (a) of Section 95 is guilty of a Class A misdemeanor.

(f) Any person who transfers ammunition in violation of subsection (b) of Section 95 is guilty of a Class 4 felony.

(g) Any firearm or ammunition owned or possessed in violation of this Act shall be subject to confiscation and forfeiture to the State.

Section 155. Definitions. As used in Sections 155 to 240 of this Act:

"Ammunition" has the same meaning as "firearm ammunition" in Section 1.1 of the Firearm Owners Identification Card Act.

"Applicant" means any person who applies for a dealer permit, or the renewal of the permit, to sell, lease, or transfer firearms or ammunition.

"Department" means the Department of State Police.

To "engage in the business of selling, leasing, or otherwise transferring firearms or ammunition" means to:

(1) Conduct a business selling, leasing or transferring firearms or ammunition;

(2) Hold one's self out as engaged in the business of selling, leasing or otherwise transferring firearms or ammunition; or

(3) Sell, lease or transfer firearms or ammunition in quantity, in series, or in individual transactions, or in any other manner indicative of trade.

"Firearm" has the same meaning as "firearm" in Section 1.1 of the Firearm Owners Identification Card Act.

"Dealer permit" means a permit issued by the Department to sell, lease, or transfer firearms or ammunition under this Act.

"Permittee" or "firearms dealer permittee" means any person engaged in the business of selling, leasing, or otherwise transferring any firearm or ammunition who has obtained a permit from the Department to sell, lease, or transfer firearms or ammunition under this Act.

"Person" means any individual, corporation, company, association, firm, partnership, club, organization, society, joint stock company, or other entity.

Section 160. Permit requirement. It is unlawful for any person to engage in the business of selling, leasing, or otherwise transferring firearms or ammunition without a dealer permit, as required by this Act.

Section 165. Application for a dealer permit.

(a) Any person who is required to obtain a dealer permit under this Act shall:

(1) Appear in person at a time and place designated by the Department;

(2) Complete and submit to the Department an application, in writing, signed under penalty of perjury, on a form prescribed by the Department;

(3) Provide any relevant information requested to demonstrate compliance with this Act, including:

(A) the applicant's full name and any other name by which the applicant has ever been known;

(B) the home address and telephone number of the applicant;

(C) the present occupation, business address, and business telephone number of the applicant;

(D) the license or permit numbers of any federal, state, or local licenses or permits held by the applicant that authorize the applicant to sell, lease, or otherwise transfer firearms or ammunition, if any;

(E) information relating to every other license or permit to sell, lease, transfer, purchase, or possess firearms or ammunition which was sought by the applicant from the federal government or from any state or subdivision of any state, including, but not limited to, the type of license or permit sought, the date of each application and whether it resulted in the issuance of the license or permit, and the date and circumstances of any revocation or suspension;

(F) the address of the proposed location for which the permit is sought, if different than applicant's business address;

(G) the business name, and the name of any corporation, partnership, or other entity that has any ownership in, or control over, the business;

(H) the names, dates of birth, and addresses of any persons who will have access to or control of workplace firearms or ammunition, including but not limited to, the applicant's employees, agents, and supervisors, if any;

(I) proof of a possessory interest in the property at which the proposed business will be conducted, as owner, lessee, or other legal occupant, and, if the applicant is not the owner of record of the real property upon which the applicant's business is to be located and conducted, the written consent of the owner of record of the real property to the applicant's proposed business;

(J) the date, location, and nature of any criminal convictions of the applicant, if any, in any jurisdiction in the United States;

(K) proof that the applicant has applied for or received a certificate of registration under the Retailers' Occupation Tax Act; and

(L) written approval from the local sheriff of the county or chief of police of the city in which the business is located, together with a statement of any additional requirements or conditions the business must fulfill in order to comply with local law, including requirements or conditions imposed by the sheriff or chief at his or her discretion.

(b) The Department may charge a fee to cover the administrative costs of the issuance of the permit.

Section 170. Investigation by Department and employee background checks.

(a) The Department shall conduct an investigation to determine, for the protection of public health and safety, whether the dealer permit may be issued or renewed. The Department shall require: (1) the applicant; and (2) any persons who will have access to or control of workplace firearms or ammunition, including but not limited to the applicant's employees, agents, or supervisors, or both, if any, to provide fingerprints, a recent photograph, a signed authorization for the release of pertinent records, and any additional information which the Department considers necessary to complete the investigation. The investigation shall include the initiation and completion of an automated search of the Department's criminal history record information files and those of the Federal Bureau of Investigation, including the National Instant Criminal Background Check System, and of the files of the Department of Human Services relating to mental health and developmental disabilities to obtain any information that would disqualify a person from a dealer permit under this Act.

(b) Prior to issuance or renewal of the dealer permit, the Department shall inspect the premises of the proposed business to ensure compliance with this Act.

(c) The Department may grant or renew a dealer permit if the applicant or permittee is in compliance with this Act and any other applicable federal, State, and local laws.

Section 175. Grounds for permit denial.

(a) The Department shall deny the issuance or renewal of a dealer permit if the operation of the business would not or does not comply with federal, State, or local law, or if the applicant or permittee:

(1) is under 21 years of age;

(2) is not licensed as required by any applicable federal, State, and local laws;

(3) has made a false or misleading statement of a material fact or omission of a material fact in the application for a dealer permit, or in any other documents submitted to the Department under this Act. If a permit is denied on this ground, the applicant is prohibited from reapplying for a permit for a period of 5 years;

(4) has had a license or permit to sell, lease, transfer, purchase, or possess firearms or ammunition from the federal government or the government of any state or subdivision of any state revoked, suspended, or denied for good cause within the preceding 5 years;

(5) is prohibited by any federal, State, or local law from purchasing or possessing firearms or ammunition, or has been convicted of:

(A) an offense relating to the manufacture, sale, possession or use of a firearm or dangerous or deadly weapon or ammunition therefor;

(B) an offense involving the use of force or violence upon the person of another;

(C) an offense involving theft, fraud, dishonesty, or deceit;

(D) within the preceding 5 years, an offense involving the manufacture, sale, possession, or use of a controlled substance; or

(6) is currently, or has been within the preceding 5 years, an unlawful user of or addicted to a controlled substance.

(b) Employees, agents or supervisors of the applicant or permittee may not have access to or control over workplace firearms or ammunition until the Department has conducted an investigation under Section 170, and verified that none of the conditions listed in paragraph (1), (4), (5), or (6) of subsection (a) of this Section exist, as applied to those employees, agents or supervisors. A new law enforcement investigation and background verification of the persons must be conducted each time the permittee renews his or her permit, or applies for a new permit. Except as provided in subsection (c), the Department shall deny the issuance or renewal of dealer permit, or shall revoke an existing permit, if the applicant or permittee allows any employee, agent, or supervisor to have access to or control over workplace firearms or ammunition prior to the completion of the law enforcement investigation and background verification of those persons, or if those persons have not undergone the law enforcement investigation and background verification process within the last 5 years.

(c) Where an applicant is applying for a dealer permit to sell, lease, or transfer firearms or ammunition within the first 180 days of the effective date of this Act, and where the applicant has an existing firearms dealer business which complies with any applicable federal, State and local laws, or is not a seller of firearms but is already engaged in the sale of ammunition:

(1) the applicant's current employees, agents, or supervisors may continue to have access to or control over workplace firearms and ammunition pending the completion of the Department's investigation and background verification; and

(2) where one or more of the applicant's employees, agents, or supervisors are found to be in violation of the conditions listed in paragraph (1), (4), (5), or (6) of subsection (a) of this Section, the applicant has 60 days from the mailing of written notification from the Department to verify that the persons have been removed or reassigned so that they no longer have access to or control of workplace firearms or ammunition. Failure of the applicant to comply with this subsection shall cause the Department to deny the application for a dealer permit.

(d) A person who knowingly makes a false statement or knowingly conceals a material fact or uses false information or identification in any application for a dealer permit under this Act commits a Class A misdemeanor.

Section 180. Issuance of dealer permit; duration.

(a) A dealer permit expires 5 years after the date of issuance. A permit may be renewed for an additional 5-year period if the permittee submits a timely application for renewal, accompanied by a nonrefundable renewal fee established by the Department. Renewal of the permit is contingent upon the permittee's compliance with the terms and conditions of the original application and permit, as detailed in this Act, and any additional conditions arising from newly-adopted laws or determined by rules adopted by the Department. Department personnel shall inspect the permitted business premises for compliance with this Act prior to renewal of the permit. The renewal application and the renewal fee must be received by the Department no later than 90 days before the expiration of the current permit.

(b) A decision regarding issuance or renewal of the dealer permit may be appealed in the manner provided under the Illinois Administrative Procedure Act.

Section 185. Revocation of dealer permit. The Department may revoke the dealer permit of any person found to be in violation of any provision of this Act or any other applicable federal, State, or local law.

Section 190. Report of permit revocation to federal authorities. In addition to any other penalty or remedy, the Department shall report any person or entity whose dealer permit is revoked under this Act to the Bureau of Alcohol, Tobacco, Firearms and Explosives within the U.S. Department of Justice, and to the local sheriff or Chief of Police.

Section 195. Display of dealer permit. The dealer permit, or a certified copy of it, shall be displayed in a prominent place on the business premises where it can be easily seen by those entering the premises.

Section 200. Nonassignability. A dealer permit issued under this Act is not assignable. Any attempt to assign a dealer permit shall result in revocation of the permit.

Section 205. Compliance by existing businesses. A person engaged in the business of selling, leasing, or otherwise transferring any firearm or ammunition on the effective date of this Act shall, within 90 days of the effective date, comply with this Act. However, any person whose business is located in any location described in Section 220 of this Act may continue to sell, lease, or transfer firearms or ammunition for up to 2 years after the effective date of this Act. After the 2-year period has expired, any of those persons is prohibited from selling, leasing, or transferring firearms or ammunition in the named location.

Section 210. Law enforcement inspections. Permittees shall have their places of business open for inspection by federal, State, and local law enforcement during any hours of operation. The Department shall conduct an inspection of the business in connection with the initial issuance of a permit, and thereafter conduct an inspection in connection with each renewal of the permit. Permittees shall maintain any records, documents, firearms, and ammunition in a manner and place accessible for inspection by federal, State and local law enforcement.

Section 215. On-site security.

(a) Every firearm and ammunition in the inventory of a permittee must be kept at the permitted business location.

(b) No firearm may be displayed in any outer window of the business premises of the permittee or in any other place where it can readily be seen from the outside.

(c) The Department shall adopt standards specifying minimum security requirements for permittees. By January 1, 2015, every permittee shall comply with the standards. Failure to fully comply with the security requirements imposed by the Department shall be sufficient cause for denial or revocation of the permit by the Department. The standards may provide for:

(1) the manner of securing firearms and ammunition when the location is both open and closed for business;

(2) alarm systems for permittees; and

(3) other reasonable requirements to reduce the risk of burglaries and other crimes or accidents at permittees' business establishments.

Section 220. Location of business premises.

(a) The business of a permittee shall be carried on only in the building located at the street address shown on the permit. This requirement does not prohibit the permittee from participating in a gun show or event as defined under federal law that is authorized by federal, State, or local law upon compliance with those laws.

(b) The business premises shall not be located in any district or area that is zoned for residential use, or within 1,000 feet of any school, pre-school, day-care facility, park, community center, place of worship, liquor store, bar, youth center, video arcade, amusement park (not including a temporary carnival or similar event), or residentially zoned district or area.

Section 225. Warnings to consumers. The Department may require permittees to post warnings or otherwise provide information to consumers regarding firearms laws and the safe storage of firearms. A permittee shall post any warnings or provide any information to consumers as required by the Department.

Section 230. Precautions against illegal sales.

(a) The permittee shall refuse to sell or transfer a firearm to any person the permittee knows or has reason to know is purchasing the firearm on behalf of another person, unless the person purchasing the firearm from the permittee is another permittee.

(b) The permittee shall refuse to sell or transfer a firearm to any person the permittee knows or has reason to know is purchasing the firearm with the intent to resell or transfer the firearm in violation of federal, State, or local law.

(c) The permittee shall refuse to sell or transfer a firearm to any person who has provided a home address in a municipality or county in which possession of that type of firearm is illegal, unless the transferee presents reasonably satisfactory evidence that the firearm will not be used or possessed unlawfully in that municipality or county.

(d) The permittee shall refuse to sell or transfer a firearm to any person who has provided a home address in a municipality or county that requires a license for or registration of the firearm, unless the purchaser presents satisfactory evidence of compliance with the licensing or registration requirement.

Section 235. Penalty. Any person who engages in the business of selling, leasing, or otherwise transferring firearms or ammunition without a dealer permit as required by this Act is guilty of a Class 4 felony.

Section 240. Enforcement; rulemaking.

(a) This Act must be enforced by the Department, and may be enforced, for the purpose of determining compliance with this Act, by any municipality in which the licensee is located or, if the licensee is not located in a municipality, by the county in which the licensee is located.

(b) The Department shall adopt rules necessary for the implementation and administration of this Act.

Section 245. The Freedom of Information Act is amended by changing Section 7.5 as follows:

(5 ILCS 140/7.5)

Sec. 7.5. Statutory Exemptions. To the extent provided for by the statutes referenced below, the following shall be exempt from inspection and copying:

(a) All information determined to be confidential under Section 4002 of the Technology Advancement and Development Act.

(b) Library circulation and order records identifying library users with specific materials under the Library Records Confidentiality Act.

(c) Applications, related documents, and medical records received by the Experimental Organ Transplantation Procedures Board and any and all documents or other records prepared by the Experimental Organ Transplantation Procedures Board or its staff relating to applications it has received.

(d) Information and records held by the Department of Public Health and its authorized representatives relating to known or suspected cases of sexually transmissible disease or any information the disclosure of which is restricted under the Illinois Sexually Transmissible Disease Control Act.

(e) Information the disclosure of which is exempted under Section 30 of the Radon Industry Licensing Act.

(f) Firm performance evaluations under Section 55 of the Architectural, Engineering, and Land Surveying Qualifications Based Selection Act.

(g) Information the disclosure of which is restricted and exempted under Section 50 of the Illinois Prepaid Tuition Act.

(h) Information the disclosure of which is exempted under the State Officials and Employees Ethics Act, and records of any lawfully created State or local inspector general's office that would be exempt if created or obtained by an Executive Inspector General's office under that Act.

(i) Information contained in a local emergency energy plan submitted to a municipality in accordance with a local emergency energy plan ordinance that is adopted under Section 11-21.5-5 of the Illinois Municipal Code.

(j) Information and data concerning the distribution of surcharge moneys collected and remitted by wireless carriers under the Wireless Emergency Telephone Safety Act.

(k) Law enforcement officer identification information or driver identification information compiled by a law enforcement agency or the Department of Transportation under Section 11-212 of the Illinois Vehicle Code.

(l) Records and information provided to a residential health care facility resident sexual assault and death review team or the Executive Council under the Abuse Prevention Review Team Act.

(m) Information provided to the predatory lending database created pursuant to Article 3 of the Residential Real Property Disclosure Act, except to the extent authorized under that Article.

(n) Defense budgets and petitions for certification of compensation and expenses for court appointed trial counsel as provided under Sections 10 and 15 of the Capital Crimes Litigation Act. This subsection (n) shall apply until the conclusion of the trial of the case, even if the prosecution chooses not to pursue the death penalty prior to trial or sentencing.

(o) Information that is prohibited from being disclosed under Section 4 of the Illinois Health and Hazardous Substances Registry Act.

(p) Security portions of system safety program plans, investigation reports, surveys, schedules, lists, data, or information compiled, collected, or prepared by or for the Regional Transportation Authority under Section 2.11 of the Regional Transportation Authority Act or the St. Clair County Transit District under the Bi-State Transit Safety Act.

(q) Information prohibited from being disclosed by the Personnel Records Review Act.

(r) Information prohibited from being disclosed by the Illinois School Student Records Act.

(s) Information the disclosure of which is restricted under Section 5-108 of the Public Utilities Act.

(t) All identified or deidentified health information in the form of health data or medical records contained in, stored in, submitted to, transferred by, or released from the Illinois Health Information Exchange, and identified or deidentified health information in the form of health data and medical records of the Illinois Health Information Exchange in the possession of the Illinois Health Information Exchange Authority due to its administration of the Illinois Health Information Exchange. The terms "identified" and "deidentified" shall be given the same meaning as in the Health Insurance Accountability and Portability Act of 1996, Public Law 104-191, or any subsequent amendments thereto, and any regulations promulgated thereunder.

(u) Records and information provided to an independent team of experts under Brian's Law.

(v) Names and information of people who have applied for or received Firearm Owner's Identification Cards under the Firearm Owners Identification Card Act.

(w) Personally identifiable information which is exempted from disclosure under subsection (g) of Section 19.1 of the Toll Highway Act.

(x) Information which is exempted from disclosure under Section 5-1014.3 of the Counties Code or Section 8-11-21 of the Illinois Municipal Code.

(y) Information maintained by the Department of State Police in accordance with subsection (a) of Section 35 and Section 140 of the Gun Safety and Responsibility Act, except as authorized by that Act.

(Source: P.A. 96-542, eff. 1-1-10; 96-1235, eff. 1-1-11; 96-1331, eff. 7-27-10; 97-80, eff. 7-5-11; 97-333, eff. 8-12-11; 97-342, eff. 8-12-11; 97-813, eff. 7-13-12; 97-976, eff. 1-1-13.)

Section 250. The Firearm Owners Identification Card Act is amended by changing Sections 3, 3.1, and 8 as follows:

(430 ILCS 65/3) (from Ch. 38, par. 83-3)

Sec. 3. (a) Except as provided in Section 3a, no person may knowingly transfer, or cause to be transferred, any firearm, firearm ammunition, stun gun, or taser to any person within this State unless the transferee with whom he deals displays a currently valid Firearm Owner's Identification Card which has previously been issued in his name by the Department of State Police under the provisions of this Act. In addition, all firearm, stun gun, and taser transfers by federally licensed firearm dealers are subject to Section 3.1.

(a-5) Any person who is not a firearms dealer permittee under the Gun Safety and Responsibility Act federally licensed firearm dealer and who desires to transfer or sell a firearm to another person, who is not a firearms dealer permittee under the Act, shall do so only through a firearms dealer permittee, as follows:

(1) the seller or other transferor shall deliver the firearm to the permittee, who shall retain possession of the firearm until every legal requirement for the sale or other transfer has been met, including compliance with any State or local waiting periods;

(2) the permittee shall process the sale or other transfer as if he or she were the seller or other transferor and the permittee shall comply with any requirements of federal, State, and local law that would apply if he or she were the seller or other transferor of the firearm;

(3) the permittee shall conduct a background check on the purchaser or other transferee in accordance with 18 U.S.C. 922(t) and State and local law and, if the transaction is not prohibited, deliver the firearm to that person after any other legal requirements are met;

(4) if the permittee cannot legally deliver the firearm to the purchaser or other transferee, the permittee shall conduct a background check on the seller or other transferor in accordance with 18 U.S.C. 922(t), and State and local law, and, if the return is not prohibited, return the firearm to that person;

(5) if the permittee cannot legally return the firearm to the seller or other transferor, the permittee shall deliver the firearm to local law enforcement within 24 hours; and

(6) the purchaser or transferee may be required by the dealer permittee to pay a fee not to exceed $10 per firearm, which the dealer permittee may retain as compensation for performing the functions required under this subsection, plus the applicable fees authorized by Section 3.1. The provisions of this subsection (a-5) do not apply to:

(A) any law enforcement or corrections agency, or law enforcement or corrections officer acting within the course and scope of his or her employment or official duties;

(B) a United States Marshal or member of the armed forces of the United States or the National Guard, or a federal official transferring or receiving a firearm as required in the operation of his or her official duties;

(C) a gunsmith who receives a firearm solely for the purposes of service or repair, or the return of the firearm to its owner by the gunsmith;

(D) a common carrier, warehouseman, or other person engaged in the business of transportation or storage, to the extent that the receipt of any firearm is in the ordinary course of business and not for the personal use of the person;

(E) a person who is loaned a firearm solely for the purpose of shooting at targets, if the loan occurs on the premises of a properly licensed target facility, and the firearm is always kept within the premises of the target range;

(F) a person who is under 18 years of age who is loaned a firearm for lawful hunting or sporting purposes or for any other lawful recreational activity while under the direct supervision and control of a responsible adult;

(G) a person who is 18 years of age or older who is loaned a firearm while the person is accompanying the lawful owner and using the firearm for lawful hunting or sporting purposes or for any other lawful recreational activity;

(H) a person who acquired the firearm by operation of law upon the death of the former owner of the firearm within the preceding 60 days. At the end of the 60-day period, the person must either have lawfully transferred the firearm or must have contacted the Department of State Police to notify the department that he or she has possession of the firearm and intends to retain possession of the firearm, in compliance with any federal, State, and local laws, at which time the Department of State Police shall conduct a background check on the person; or

(I) an adult family member of the lawful owner of the firearm if the owner resides with the family member but is not currently present in the residence, provided that the family member does not maintain control over the firearm for more than 14 consecutive days. This exception shall not apply if the owner or the family member knows or has reasonable cause to believe that federal, State, or local law prohibits the family member from purchasing or possessing firearms, or the owner knows or has reasonable cause to believe that the family member is likely to use the firearm for unlawful purposes. while that person is on the grounds of a gun show must, before selling or transferring the firearm, request the Department of State Police to conduct a background check on the prospective recipient of the firearm in accordance with Section 3.1.

(b) Any person within this State who transfers or causes to be transferred any firearm, stun gun, or taser shall keep a record of such transfer for a period of 10 years from the date of transfer. Such record shall contain the date of the transfer; the description, serial number or other information identifying the firearm, stun gun, or taser if no serial number is available; and, if the transfer was completed within this State, the transferee's Firearm Owner's Identification Card number. On or after January 1, 2006, the record shall contain the date of application for transfer of the firearm. On demand of a peace officer such transferor shall produce for inspection such record of transfer. If the transfer or sale took place at a gun show, the record shall include the unique identification number. Failure to record the unique identification number is a petty offense.

(b-5) Any resident may purchase ammunition from a person within or outside of Illinois if shipment is by United States mail or by a private express carrier authorized by federal law to ship ammunition. Any resident purchasing ammunition within or outside the State of Illinois must provide the seller with a copy of his or her valid Firearm Owner's Identification Card and either his or her Illinois driver's license or Illinois State Identification Card prior to the shipment of the ammunition. The ammunition may be shipped only to an address on either of those 2 documents.

(c) The provisions of this Section regarding the transfer of firearm ammunition shall not apply to those persons specified in paragraph (b) of Section 2 of this Act.

(Source: P.A. 97-1135, eff. 12-4-12.)

(430 ILCS 65/3.1) (from Ch. 38, par. 83-3.1)

Sec. 3.1. Dial up system.

(a) The Department of State Police shall provide a dial up telephone system or utilize other existing technology which shall be used by any federally licensed firearm dealer, gun show promoter, or gun show vendor who is to transfer a firearm, stun gun, or taser under the provisions of this Act. The Department of State Police may utilize existing technology which allows the caller to be charged a fee not to exceed $2. Fees collected by the Department of State Police shall be deposited in the State Police Services Fund and used to provide the service.

(b) Upon receiving a request from a federally licensed firearm dealer, gun show promoter, or gun show vendor, the Department of State Police shall immediately approve, or within the time period established by Section 24-3 of the Criminal Code of 2012 regarding the delivery of firearms, stun guns, and tasers notify the inquiring dealer, gun show promoter, or gun show vendor of any objection that would disqualify the transferee from acquiring or possessing a firearm, stun gun, or taser. In conducting the inquiry, the Department of State Police shall initiate and complete an automated search of its criminal history record information files and those of the Federal Bureau of Investigation, including the National Instant Criminal Background Check System, and of the files of the Department of Human Services relating to mental health and developmental disabilities to obtain any felony conviction or patient hospitalization information which would disqualify a person from obtaining or require revocation of a currently valid Firearm Owner's Identification Card.

(c) If receipt of a firearm would not violate Section 24-3 of the Criminal Code of 2012, federal law, or this Act the Department of State Police shall:

(1) assign a unique identification number to the transfer; and

(2) provide the licensee, gun show promoter, or gun show vendor with the number.

(d) Approvals issued by the Department of State Police for the purchase of a firearm are valid for 30 days from the date of issue.

(e) (1) The Department of State Police must act as the Illinois Point of Contact for the National Instant Criminal Background Check System.

(2) The Department of State Police and the Department of Human Services shall, in accordance with State and federal law regarding confidentiality, enter into a memorandum of understanding with the Federal Bureau of Investigation for the purpose of implementing the National Instant Criminal Background Check System in the State. The Department of State Police shall report the name, date of birth, and physical description of any person prohibited from possessing a firearm pursuant to the Firearm Owners Identification Card Act or 18 U.S.C. 922(g) and (n) to the National Instant Criminal Background Check System Index, Denied Persons Files.

(f) The Department of State Police shall promulgate rules not inconsistent with this Section to implement this system.

(g) The Department of State Police shall develop an Internet-based system which shall be used by any dealer who is to transfer a firearm under the provisions of this Act after January 1, 2015. The Department of State Police shall have the system completed and available for use by that date. The Department shall adopt rules not inconsistent with this Section to implement this system.

(h) Effective January 1, 2015, the Internet-based system shall be used for every sale or transfer of a firearm subject to subsection (a-5) of Section 3 of this Act as follows:

(1) The federally licensed firearms dealer shall utilize the internet-based system to request the Department of State Police to conduct a background check prior to sale or transfer of a firearm. The dealer shall be required to enter any information that is required by federal firearms transaction form 4473 into the system in order to request a background check, along with the transferee's Firearm Owner's Identification Card number. If the sale or transfer is a private party transfer of a firearm that the dealer is processing under Section 3 of this Act, the dealer shall note this fact in the system, along with the private seller or transferor's name and address.

(2) The Department of State Police shall utilize the system to notify the dealer of the approval or denial of the sale or transfer and the unique identification number assigned to the transfer.

(3) The dealer shall utilize the system to notify the Department of State Police if and when delivery of the firearm or firearms occurs.

(4) The Department of State Police shall require the dealer to charge the transferee a fee sufficient to cover the Department's costs associated with each use of this system. Fees collected by the Department of State Police shall be deposited in the State Police Services Fund and used to provide the service.

(i) Effective January 1, 2015, the Department of State Police shall keep and maintain a searchable database of any information it sends or receives through the Internet-based system under this Section, which information shall be accessible to any law enforcement officer upon request, including:

(1) information from federal firearms transaction form 4473, including the name, address, date of birth, and driver's license or other government-issued identification number of the transferee, and the make, model, serial number, type, and caliber or gauge of the firearm;

(2) the identity of the federally licensed firearms dealer and the dealer's agent or employee who processed each sale or transfer;

(3) the transferee's Firearm Owner's Identification Card number;

(4) whether the sale or transfer is a private party transfer under Section 3 of this Act, and if so, the original seller or transferor's name and address; and

(5) the date of delivery of any firearm.

(j) Effective January 1, 2015, each federally licensed firearms dealer shall maintain a permanent written record of any information sent or received through the Internet-based system, including any information listed in subsection (h), in accordance with rules established by the Department of State Police. These records shall be available for inspection any law enforcement officer upon request.

(Source: P.A. 97-1150, eff. 1-25-13.)

(430 ILCS 65/8) (from Ch. 38, par. 83-8)

(Text of Section before amendment by P.A. 97-1167)

Sec. 8. The Department of State Police has authority to deny an application for or to revoke and seize a Firearm Owner's Identification Card previously issued under this Act only if the Department finds that the applicant or the person to whom such card was issued is or was at the time of issuance:

(a) A person under 21 years of age who has been convicted of a misdemeanor other than a traffic offense or adjudged delinquent;

(b) A person under 21 years of age who does not have the written consent of his parent or guardian to acquire and possess firearms and firearm ammunition, or whose parent or guardian has revoked such written consent, or where such parent or guardian does not qualify to have a Firearm Owner's Identification Card;

(c) A person convicted of a felony under the laws of this or any other jurisdiction;

(d) A person addicted to narcotics;

(e) A person who has been a patient of a mental institution within the past 5 years or has been adjudicated as a mental defective;

(f) A person whose mental condition is of such a nature that it poses a clear and present danger to the applicant, any other person or persons or the community;

For the purposes of this Section, "mental condition" means a state of mind manifested by violent, suicidal, threatening or assaultive behavior.

(g) A person who is intellectually disabled;

(h) A person who intentionally makes a false statement in the Firearm Owner's Identification Card application;

(i) An alien who is unlawfully present in the United States under the laws of the United States;

(i-5) An alien who has been admitted to the United States under a non-immigrant visa (as that term is defined in Section 101(a)(26) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(26))), except that this subsection (i-5) does not apply to any alien who has been lawfully admitted to the United States under a non-immigrant visa if that alien is:

(1) admitted to the United States for lawful hunting or sporting purposes;

(2) an official representative of a foreign government who is:

(A) accredited to the United States Government or the Government's mission to an international organization having its headquarters in the United States; or

(B) en route to or from another country to which that alien is accredited;

(3) an official of a foreign government or distinguished foreign visitor who has been so designated by the Department of State;

(4) a foreign law enforcement officer of a friendly foreign government entering the United States on official business; or

(5) one who has received a waiver from the Attorney General of the United States pursuant to 18 U.S.C. 922(y)(3);

(j) (Blank);

(k) A person who has been convicted within the past 5 years of battery, assault, aggravated assault, violation of an order of protection, or a substantially similar offense in another jurisdiction, in which a firearm was used or possessed;

(l) A person who has been convicted of domestic battery, aggravated domestic battery, or a substantially similar offense in another jurisdiction committed before, on or after January 1, 2012 (the effective date of Public Act 97-158). If the applicant or person who has been previously issued a Firearm Owner's Identification Card under this Act knowingly and intelligently waives the right to have an offense described in this paragraph (l) tried by a jury, and by guilty plea or otherwise, results in a conviction for an offense in which a domestic relationship is not a required element of the offense but in which a determination of the applicability of 18 U.S.C. 922(g)(9) is made under Section 112A-11.1 of the Code of Criminal Procedure of 1963, an entry by the court of a judgment of conviction for that offense shall be grounds for denying an application for and for revoking and seizing a Firearm Owner's Identification Card previously issued to the person under this Act;

(m) (Blank);

(n) A person who is prohibited from acquiring or possessing firearms or firearm ammunition by any Illinois State statute or by federal law;

(o) A minor subject to a petition filed under Section 5-520 of the Juvenile Court Act of 1987 alleging that the minor is a delinquent minor for the commission of an offense that if committed by an adult would be a felony;

(p) An adult who had been adjudicated a delinquent minor under the Juvenile Court Act of 1987 for the commission of an offense that if committed by an adult would be a felony; or

(q) A person who is not a resident of the State of Illinois, except as provided in subsection (a-10) of Section 4.

The Department of State Police may revoke and seize a Firearm Owner's Identification Card previously issued under this Act of a person who fails to report the loss or theft of a firearm a second time to the local law enforcement agency within 72 hours after obtaining knowledge of the second loss or theft.

(Source: P.A. 96-701, eff. 1-1-10; 97-158, eff. 1-1-12; 97-227, eff. 1-1-12; 97-813, eff. 7-13-12; 97-1131, eff. 1-1-13.)

(Text of Section after amendment by P.A. 97-1167)

Sec. 8. The Department of State Police has authority to deny an application for or to revoke and seize a Firearm Owner's Identification Card previously issued under this Act only if the Department finds that the applicant or the person to whom such card was issued is or was at the time of issuance:

(a) A person under 21 years of age who has been convicted of a misdemeanor other than a traffic offense or adjudged delinquent;

(b) A person under 21 years of age who does not have the written consent of his parent or guardian to acquire and possess firearms and firearm ammunition, or whose parent or guardian has revoked such written consent, or where such parent or guardian does not qualify to have a Firearm Owner's Identification Card;

(c) A person convicted of a felony under the laws of this or any other jurisdiction;

(d) A person addicted to narcotics;

(e) A person who has been a patient of a mental institution within the past 5 years. An active law enforcement officer employed by a unit of government who is denied, revoked, or has his or her Firearm Owner's Identification Card seized under this subsection (e) may obtain relief as described in subsection (c-5) of Section 10 of this Act if the officer did not act in a manner threatening to the officer, another person, or the public as determined by the treating clinical psychologist or physician, and the officer seeks mental health treatment;

(f) A person whose mental condition is of such a nature that it poses a clear and present danger to the applicant, any other person or persons or the community;

For the purposes of this Section, "mental condition" means a state of mind manifested by violent, suicidal, threatening or assaultive behavior.

(g) A person who is intellectually disabled;

(h) A person who intentionally makes a false statement in the Firearm Owner's Identification Card application;

(i) An alien who is unlawfully present in the United States under the laws of the United States;

(i-5) An alien who has been admitted to the United States under a non-immigrant visa (as that term is defined in Section 101(a)(26) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(26))), except that this subsection (i-5) does not apply to any alien who has been lawfully admitted to the United States under a non-immigrant visa if that alien is:

(1) admitted to the United States for lawful hunting or sporting purposes;

(2) an official representative of a foreign government who is:

(A) accredited to the United States Government or the Government's mission to an international organization having its headquarters in the United States; or

(B) en route to or from another country to which that alien is accredited;

(3) an official of a foreign government or distinguished foreign visitor who has been so designated by the Department of State;

(4) a foreign law enforcement officer of a friendly foreign government entering the United States on official business; or

(5) one who has received a waiver from the Attorney General of the United States pursuant to 18 U.S.C. 922(y)(3);

(j) (Blank);

(k) A person who has been convicted within the past 5 years of battery, assault, aggravated assault, violation of an order of protection, or a substantially similar offense in another jurisdiction, in which a firearm was used or possessed;

(l) A person who has been convicted of domestic battery, aggravated domestic battery, or a substantially similar offense in another jurisdiction committed before, on or after January 1, 2012 (the effective date of Public Act 97-158). If the applicant or person who has been previously issued a Firearm Owner's Identification Card under this Act knowingly and intelligently waives the right to have an offense described in this paragraph (l) tried by a jury, and by guilty plea or otherwise, results in a conviction for an offense in which a domestic relationship is not a required element of the offense but in which a determination of the applicability of 18 U.S.C. 922(g)(9) is made under Section 112A-11.1 of the Code of Criminal Procedure of 1963, an entry by the court of a judgment of conviction for that offense shall be grounds for denying an application for and for revoking and seizing a Firearm Owner's Identification Card previously issued to the person under this Act;

(m) (Blank);

(n) A person who is prohibited from acquiring or possessing firearms or firearm ammunition by any Illinois State statute or by federal law;

(o) A minor subject to a petition filed under Section 5-520 of the Juvenile Court Act of 1987 alleging that the minor is a delinquent minor for the commission of an offense that if committed by an adult would be a felony;

(p) An adult who had been adjudicated a delinquent minor under the Juvenile Court Act of 1987 for the commission of an offense that if committed by an adult would be a felony;

(q) A person who is not a resident of the State of Illinois, except as provided in subsection (a-10) of Section 4; or

(r) A person who has been adjudicated as a mental defective.

The Department of State Police may revoke and seize a Firearm Owner's Identification Card previously issued under this Act of a person who fails to report the loss or theft of a firearm a second time to the local law enforcement agency within 72 hours after obtaining knowledge of the second loss or theft.

(Source: P.A. 96-701, eff. 1-1-10; 97-158, eff. 1-1-12; 97-227, eff. 1-1-12; 97-813, eff. 7-13-12; 97-1131, eff. 1-1-13; 97-1167, eff. 6-1-13.)

Section 255. The Criminal Code of 2012 is amended by changing Sections 21-6, 24-1, 24-1.6, 24-2, 24-3, and 24-3.5 and by adding Sections 24-4.1, 24-4.2, and 24-4.3 as follows:

(720 ILCS 5/21-6) (from Ch. 38, par. 21-6)

Sec. 21-6. Unauthorized Possession or Storage of Weapons.

(a) Whoever possesses or stores any weapon enumerated in Section 33A-1 in any building or on land supported in whole or in part with public funds or in any building on such land without prior written permission from the chief security officer for such land or building commits a Class A misdemeanor.

(b) The chief security officer must grant any reasonable request for permission under paragraph (a).

(c) This Section does not apply to a person acting lawfully under the Gun Safety and Responsibility Act.

(Source: P.A. 89-685, eff. 6-1-97.)

(720 ILCS 5/24-1) (from Ch. 38, par. 24-1)

Sec. 24-1. Unlawful Use of Weapons.

(a) A person commits the offense of unlawful use of weapons when he knowingly:

(1) Sells, manufactures, purchases, possesses or carries any bludgeon, black-jack, slung-shot, sand-club, sand-bag, metal knuckles or other knuckle weapon regardless of its composition, throwing star, or any knife, commonly referred to as a switchblade knife, which has a blade that opens automatically by hand pressure applied to a button, spring or other device in the handle of the knife, or a ballistic knife, which is a device that propels a knifelike blade as a projectile by means of a coil spring, elastic material or compressed gas; or

(2) Carries or possesses with intent to use the same unlawfully against another, a dagger, dirk, billy, dangerous knife, razor, stiletto, broken bottle or other piece of glass, stun gun or taser or any other dangerous or deadly weapon or instrument of like character; or

(3) Carries on or about his person or in any vehicle, a tear gas gun projector or bomb or any object containing noxious liquid gas or substance, other than an object containing a non-lethal noxious liquid gas or substance designed solely for personal defense carried by a person 18 years of age or older; or

(4) Carries or possesses in any vehicle or concealed on or about his person except when on his land or in his own abode, legal dwelling, or fixed place of business, or on the land or in the legal dwelling of another person as an invitee with that person's permission, any pistol, revolver, stun gun or taser or other firearm, except that this subsection (a) (4) does not apply to or affect transportation of weapons that meet one of the following conditions:

(i) are broken down in a non-functioning state; or

(ii) are not immediately accessible; or

(iii) are unloaded and enclosed in a case, firearm carrying box, shipping box, or other container by a person who has been issued a currently valid Firearm Owner's Identification Card; or

(5) Sets a spring gun; or

(6) Possesses any device or attachment of any kind designed, used or intended for use in silencing the report of any firearm; or

(7) Sells, manufactures, purchases, possesses or carries:

(i) a machine gun, which shall be defined for the purposes of this subsection as any weapon, which shoots, is designed to shoot, or can be readily restored to shoot, automatically more than one shot without manually reloading by a single function of the trigger, including the frame or receiver of any such weapon, or sells, manufactures, purchases, possesses, or carries any combination of parts designed or intended for use in converting any weapon into a machine gun, or any combination or parts from which a machine gun can be assembled if such parts are in the possession or under the control of a person;

(ii) any rifle having one or more barrels less than 16 inches in length or a shotgun having one or more barrels less than 18 inches in length or any weapon made from a rifle or shotgun, whether by alteration, modification, or otherwise, if such a weapon as modified has an overall length of less than 26 inches; or

(iii) any bomb, bomb-shell, grenade, bottle or other container containing an explosive substance of over one-quarter ounce for like purposes, such as, but not limited to, black powder bombs and Molotov cocktails or artillery projectiles; or

(8) Carries or possesses any firearm, stun gun or taser or other deadly weapon in any place which is licensed to sell intoxicating beverages, or at any public gathering held pursuant to a license issued by any governmental body or any public gathering at which an admission is charged, excluding a place where a showing, demonstration or lecture involving the exhibition of unloaded firearms is conducted.

This subsection (a)(8) does not apply to any auction or raffle of a firearm held pursuant to a license or permit issued by a governmental body, nor does it apply to persons engaged in firearm safety training courses; or

(9) Carries or possesses in a vehicle or on or about his person any pistol, revolver, stun gun or taser or firearm or ballistic knife, when he is hooded, robed or masked in such manner as to conceal his identity; or

(10) Carries or possesses on or about his person, upon any public street, alley, or other public lands within the corporate limits of a city, village or incorporated town, except when an invitee thereon or therein, for the purpose of the display of such weapon or the lawful commerce in weapons, or except when on his land or in his own abode, legal dwelling, or fixed place of business, or on the land or in the legal dwelling of another person as an invitee with that person's permission, any pistol, revolver, stun gun or taser or other firearm, except that this subsection (a) (10) does not apply to or affect transportation of weapons that meet one of the following conditions:

(i) are broken down in a non-functioning state; or

(ii) are not immediately accessible; or

(iii) are unloaded and enclosed in a firearm case, firearm carrying box, shipping box, or other similar portable container designed for the safe transportation of firearms by a person who has been issued a currently valid Firearm Owner's Identification Card.

A "stun gun or taser", as used in this paragraph (a) means (i) any device which is powered by electrical charging units, such as, batteries, and which fires one or several barbs attached to a length of wire and which, upon hitting a human, can send out a current capable of disrupting the person's nervous system in such a manner as to render him incapable of normal functioning or (ii) any device which is powered by electrical charging units, such as batteries, and which, upon contact with a human or clothing worn by a human, can send out current capable of disrupting the person's nervous system in such a manner as to render him incapable of normal functioning; or

(11) Sells, manufactures or purchases any explosive bullet. For purposes of this paragraph (a) "explosive bullet" means the projectile portion of an ammunition cartridge which contains or carries an explosive charge which will explode upon contact with the flesh of a human or an animal. "Cartridge" means a tubular metal case having a projectile affixed at the front thereof and a cap or primer at the rear end thereof, with the propellant contained in such tube between the projectile and the cap; or

(12) (Blank); or

(13) Carries or possesses on or about his or her person while in a building occupied by a unit of government, a billy club, other weapon of like character, or other instrument of like character intended for use as a weapon. For the purposes of this Section, "billy club" means a short stick or club commonly carried by police officers which is either telescopic or constructed of a solid piece of wood or other man-made material.

(b) Sentence. A person convicted of a violation of subsection 24-1(a)(1) through (5), subsection 24-1(a)(10), subsection 24-1(a)(11), or subsection 24-1(a)(13) commits a Class A misdemeanor. A person convicted of a violation of subsection 24-1(a)(8) or 24-1(a)(9) commits a Class 4 felony; a person convicted of a violation of subsection 24-1(a)(6) or 24-1(a)(7)(ii) or (iii) commits a Class 3 felony. A person convicted of a violation of subsection 24-1(a)(7)(i) commits a Class 2 felony and shall be sentenced to a term of imprisonment of not less than 3 years and not more than 7 years, unless the weapon is possessed in the passenger compartment of a motor vehicle as defined in Section 1-146 of the Illinois Vehicle Code, or on the person, while the weapon is loaded, in which case it shall be a Class X felony. A person convicted of a second or subsequent violation of subsection 24-1(a)(4), 24-1(a)(8), 24-1(a)(9), or 24-1(a)(10) commits a Class 3 felony. The possession of each weapon in violation of this Section constitutes a single and separate violation.

(c) Violations in specific places.

(1) A person who violates subsection 24-1(a)(6) or 24-1(a)(7) in any school, regardless of the time of day or the time of year, in residential property owned, operated or managed by a public housing agency or leased by a public housing agency as part of a scattered site or mixed-income development, in a public park, in a courthouse, on the real property comprising any school, regardless of the time of day or the time of year, on residential property owned, operated or managed by a public housing agency or leased by a public housing agency as part of a scattered site or mixed-income development, on the real property comprising any public park, on the real property comprising any courthouse, in any conveyance owned, leased or contracted by a school to transport students to or from school or a school related activity, in any conveyance owned, leased, or contracted by a public transportation agency, or on any public way within 1,000 feet of the real property comprising any school, public park, courthouse, public transportation facility, or residential property owned, operated, or managed by a public housing agency or leased by a public housing agency as part of a scattered site or mixed-income development commits a Class 2 felony and shall be sentenced to a term of imprisonment of not less than 3 years and not more than 7 years.

(1.5) A person who violates subsection 24-1(a)(4), 24-1(a)(9), or 24-1(a)(10) in any school, regardless of the time of day or the time of year, in residential property owned, operated, or managed by a public housing agency or leased by a public housing agency as part of a scattered site or mixed-income development, in a public park, in a courthouse, on the real property comprising any school, regardless of the time of day or the time of year, on residential property owned, operated, or managed by a public housing agency or leased by a public housing agency as part of a scattered site or mixed-income development, on the real property comprising any public park, on the real property comprising any courthouse, in any conveyance owned, leased, or contracted by a school to transport students to or from school or a school related activity, in any conveyance owned, leased, or contracted by a public transportation agency, or on any public way within 1,000 feet of the real property comprising any school, public park, courthouse, public transportation facility, or residential property owned, operated, or managed by a public housing agency or leased by a public housing agency as part of a scattered site or mixed-income development commits a Class 3 felony.

(2) A person who violates subsection 24-1(a)(1), 24-1(a)(2), or 24-1(a)(3) in any school, regardless of the time of day or the time of year, in residential property owned, operated or managed by a public housing agency or leased by a public housing agency as part of a scattered site or mixed-income development, in a public park, in a courthouse, on the real property comprising any school, regardless of the time of day or the time of year, on residential property owned, operated or managed by a public housing agency or leased by a public housing agency as part of a scattered site or mixed-income development, on the real property comprising any public park, on the real property comprising any courthouse, in any conveyance owned, leased or contracted by a school to transport students to or from school or a school related activity, in any conveyance owned, leased, or contracted by a public transportation agency, or on any public way within 1,000 feet of the real property comprising any school, public park, courthouse, public transportation facility, or residential property owned, operated, or managed by a public housing agency or leased by a public housing agency as part of a scattered site or mixed-income development commits a Class 4 felony. "Courthouse" means any building that is used by the Circuit, Appellate, or Supreme Court of this State for the conduct of official business.

(3) Paragraphs (1), (1.5), and (2) of this subsection (c) shall not apply to law enforcement officers or security officers of such school, college, or university or to students carrying or possessing firearms for use in training courses, parades, hunting, target shooting on school ranges, or otherwise with the consent of school authorities and which firearms are transported unloaded enclosed in a suitable case, box, or transportation package.

(4) For the purposes of this subsection (c), "school" means any public or private elementary or secondary school, community college, college, or university.

(5) For the purposes of this subsection (c), "public transportation agency" means a public or private agency that provides for the transportation or conveyance of persons by means available to the general public, except for transportation by automobiles not used for conveyance of the general public as passengers; and "public transportation facility" means a terminal or other place where one may obtain public transportation.

(d) The presence in an automobile other than a public omnibus of any weapon, instrument or substance referred to in subsection (a)(7) is prima facie evidence that it is in the possession of, and is being carried by, all persons occupying such automobile at the time such weapon, instrument or substance is found, except under the following circumstances: (i) if such weapon, instrument or instrumentality is found upon the person of one of the occupants therein; or (ii) if such weapon, instrument or substance is found in an automobile operated for hire by a duly licensed driver in the due, lawful and proper pursuit of his trade, then such presumption shall not apply to the driver.

(e) Exemptions. Crossbows, Common or Compound bows and Underwater Spearguns are exempted from the definition of ballistic knife as defined in paragraph (1) of subsection (a) of this Section.

(Source: P.A. 95-331, eff. 8-21-07; 95-809, eff. 1-1-09; 95-885, eff. 1-1-09; 96-41, eff. 1-1-10; 96-328, eff. 8-11-09; 96-742, eff. 8-25-09; 96-1000, eff. 7-2-10.)

(720 ILCS 5/24-1.6)

Sec. 24-1.6. Aggravated unlawful use of a weapon.

(a) A person commits the offense of aggravated unlawful use of a weapon when he or she knowingly:

(1) Carries on or about his or her person or in any vehicle or concealed on or about his or her person except when on his or her land or in his or her abode, legal dwelling, or fixed place of business, or on the land or in the legal dwelling of another person as an invitee with that person's permission, any pistol, revolver, stun gun or taser or other firearm; or

(2) Carries or possesses on or about his or her person, upon any public street, alley, or other public lands within the corporate limits of a city, village or incorporated town, except when an invitee thereon or therein, for the purpose of the display of such weapon or the lawful commerce in weapons, or except when on his or her own land or in his or her own abode, legal dwelling, or fixed place of business, or on the land or in the legal dwelling of another person as an invitee with that person's permission, any pistol, revolver, stun gun or taser or other firearm; and

(3) One of the following factors is present:

(A) the firearm possessed was uncased, loaded and immediately accessible at the time of the offense; or

(B) the firearm possessed was uncased, unloaded and the ammunition for the weapon was immediately accessible at the time of the offense; or

(C) the person possessing the firearm has not been issued a currently valid Firearm Owner's Identification Card; or

(D) the person possessing the weapon was previously adjudicated a delinquent minor under the Juvenile Court Act of 1987 for an act that if committed by an adult would be a felony; or

(E) the person possessing the weapon was engaged in a misdemeanor violation of the Cannabis Control Act, in a misdemeanor violation of the Illinois Controlled Substances Act, or in a misdemeanor violation of the Methamphetamine Control and Community Protection Act; or

(F) (blank); or

(G) the person possessing the weapon had a order of protection issued against him or her within the previous 2 years; or

(H) the person possessing the weapon was engaged in the commission or attempted commission of a misdemeanor involving the use or threat of violence against the person or property of another; or

(I) the person possessing the weapon was under 21 years of age and in possession of a handgun as defined in Section 24-3, unless the person under 21 is engaged in lawful activities under the Wildlife Code or described in subsection 24-2(b)(1), (b)(3), or 24-2(f).

(b) "Stun gun or taser" as used in this Section has the same definition given to it in Section 24-1 of this Code.

(c) This Section does not apply to or affect the transportation or possession of weapons that:

(i) are broken down in a non-functioning state; or

(ii) are not immediately accessible; or

(iii) are unloaded and enclosed in a firearm case, firearm carrying box, shipping box, or other similar portable container designed for the safe transportation of firearms by a person who has been issued a currently valid Firearm Owner's Identification Card.

(d) Sentence.

(1) Aggravated unlawful use of a weapon is a Class 4 felony; a second or subsequent offense is a Class 2 felony for which the person shall be sentenced to a term of imprisonment of not less than 3 years and not more than 7 years.

(2) Except as otherwise provided in paragraphs (3) and (4) of this subsection (d), a first offense of aggravated unlawful use of a weapon committed with a firearm by a person 18 years of age or older where the factors listed in both items (A) and (C) of paragraph (3) of subsection (a) are present is a Class 4 felony, for which the person shall be sentenced to a term of imprisonment of not less than one year and not more than 3 years.

(3) Aggravated unlawful use of a weapon by a person who has been previously convicted of a felony in this State or another jurisdiction is a Class 2 felony for which the person shall be sentenced to a term of imprisonment of not less than 3 years and not more than 7 years.

(4) Aggravated unlawful use of a weapon while wearing or in possession of body armor as defined in Section 33F-1 by a person who has not been issued a valid Firearms Owner's Identification Card in accordance with Section 5 of the Firearm Owners Identification Card Act is a Class X felony.

(e) The possession of each firearm in violation of this Section constitutes a single and separate violation.

(Source: P.A. 95-331, eff. 8-21-07; 96-742, eff. 8-25-09; 96-829, eff. 12-3-09; 96-1107, eff. 1-1-11.)

(720 ILCS 5/24-2)

Sec. 24-2. Exemptions.

(a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and 24-1(a)(13) and Section 24-1.6 do not apply to or affect any of the following:

(1) Peace officers, and any person summoned by a peace officer to assist in making arrests or preserving the peace, while actually engaged in assisting such officer.

(2) Wardens, superintendents and keepers of prisons, penitentiaries, jails and other institutions for the detention of persons accused or convicted of an offense, while in the performance of their official duty, or while commuting between their homes and places of employment.

(3) Members of the Armed Services or Reserve Forces of the United States or the Illinois National Guard or the Reserve Officers Training Corps, while in the performance of their official duty.

(4) Special agents employed by a railroad or a public utility to perform police functions, and guards of armored car companies, while actually engaged in the performance of the duties of their employment or commuting between their homes and places of employment; and watchmen while actually engaged in the performance of the duties of their employment.

(5) Persons licensed as private security contractors, private detectives, or private alarm contractors, or employed by an agency certified by the Department of Financial and Professional Regulation, if their duties include the carrying of a weapon under the provisions of the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004, while actually engaged in the performance of the duties of their employment or commuting between their homes and places of employment, provided that such commuting is accomplished within one hour from departure from home or place of employment, as the case may be. A person shall be considered eligible for this exemption if he or she has completed the required 20 hours of training for a private security contractor, private detective, or private alarm contractor, or employee of a licensed agency and 20 hours of required firearm training, and has been issued a firearm control card by the Department of Financial and Professional Regulation. Conditions for the renewal of firearm control cards issued under the provisions of this Section shall be the same as for those cards issued under the provisions of the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004. The firearm control card shall be carried by the private security contractor, private detective, or private alarm contractor, or employee of the licensed agency at all times when he or she is in possession of a concealable weapon.

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

(7) Agents and investigators of the Illinois Legislative Investigating Commission authorized by the Commission to carry the weapons specified in subsections 24-1(a)(3) and 24-1(a)(4), while on duty in the course of any investigation for the Commission.

(8) Persons employed by a financial institution for the protection of other employees and property related to such financial institution, while actually engaged in the performance of their duties, commuting between their homes and places of employment, or traveling between sites or properties owned or operated by such financial institution, provided that any person so employed has successfully completed a course of study, approved by and supervised by the Department of Financial and Professional Regulation, consisting of not less than 40 hours of training which includes theory of law enforcement, liability for acts, and the handling of weapons. A person shall be considered to be eligible for this exemption if he or she has completed the required 20 hours of training for a security officer and 20 hours of required firearm training, and has been issued a firearm control card by the Department of Financial and Professional Regulation. Conditions for renewal of firearm control cards issued under the provisions of this Section shall be the same as for those issued under the provisions of the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004. Such firearm control card shall be carried by the person so trained at all times when such person is in possession of a concealable weapon. For purposes of this subsection, "financial institution" means a bank, savings and loan association, credit union or company providing armored car services.

(9) Any person employed by an armored car company to drive an armored car, while actually engaged in the performance of his duties.

(10) Persons who have been classified as peace officers pursuant to the Peace Officer Fire Investigation Act.

(11) Investigators of the Office of the State's Attorneys Appellate Prosecutor authorized by the board of governors of the Office of the State's Attorneys Appellate Prosecutor to carry weapons pursuant to Section 7.06 of the State's Attorneys Appellate Prosecutor's Act.

(12) Special investigators appointed by a State's Attorney under Section 3-9005 of the Counties Code.

(12.5) Probation officers while in the performance of their duties, or while commuting between their homes, places of employment or specific locations that are part of their assigned duties, with the consent of the chief judge of the circuit for which they are employed.

(13) Court Security Officers while in the performance of their official duties, or while commuting between their homes and places of employment, with the consent of the Sheriff.

(13.5) A person employed as an armed security guard at a nuclear energy, storage, weapons or development site or facility regulated by the Nuclear Regulatory Commission who has completed the background screening and training mandated by the rules and regulations of the Nuclear Regulatory Commission.

(14) Manufacture, transportation, or sale of weapons to persons authorized under subdivisions (1) through (13.5) of this subsection to possess those weapons.

(b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section 24-1.6 do not apply to or affect any of the following:

(1) Members of any club or organization organized for the purpose of practicing shooting at targets upon established target ranges, whether public or private, and patrons of such ranges, while such members or patrons are using their firearms on those target ranges.

(2) Duly authorized military or civil organizations while parading, with the special permission of the Governor.

(3) Hunters, trappers or fishermen with a license or permit while engaged in hunting, trapping or fishing.

(4) Transportation of weapons that are broken down in a non-functioning state or are not immediately accessible.

(5) Carrying or possessing any pistol, revolver, stun gun or taser or other firearm on the land or in the legal dwelling of another adult person as an invitee with that adult's person's permission to carry a concealed firearm.

(c) Subsection 24-1(a)(7) does not apply to or affect any of the following:

(1) Peace officers while in performance of their official duties.

(2) Wardens, superintendents and keepers of prisons, penitentiaries, jails and other institutions for the detention of persons accused or convicted of an offense.

(3) Members of the Armed Services or Reserve Forces of the United States or the Illinois National Guard, while in the performance of their official duty.

(4) Manufacture, transportation, or sale of machine guns to persons authorized under subdivisions (1) through (3) of this subsection to possess machine guns, if the machine guns are broken down in a non-functioning state or are not immediately accessible.

(5) Persons licensed under federal law to manufacture any weapon from which 8 or more shots or bullets can be discharged by a single function of the firing device, or ammunition for such weapons, and actually engaged in the business of manufacturing such weapons or ammunition, but only with respect to activities which are within the lawful scope of such business, such as the manufacture, transportation, or testing of such weapons or ammunition. This exemption does not authorize the general private possession of any weapon from which 8 or more shots or bullets can be discharged by a single function of the firing device, but only such possession and activities as are within the lawful scope of a licensed manufacturing business described in this paragraph.

During transportation, such weapons shall be broken down in a non-functioning state or not immediately accessible.

(6) The manufacture, transport, testing, delivery, transfer or sale, and all lawful commercial or experimental activities necessary thereto, of rifles, shotguns, and weapons made from rifles or shotguns, or ammunition for such rifles, shotguns or weapons, where engaged in by a person operating as a contractor or subcontractor pursuant to a contract or subcontract for the development and supply of such rifles, shotguns, weapons or ammunition to the United States government or any branch of the Armed Forces of the United States, when such activities are necessary and incident to fulfilling the terms of such contract.

The exemption granted under this subdivision (c)(6) shall also apply to any authorized agent of any such contractor or subcontractor who is operating within the scope of his employment, where such activities involving such weapon, weapons or ammunition are necessary and incident to fulfilling the terms of such contract.

During transportation, any such weapon shall be broken down in a non-functioning state, or not immediately accessible.

(7) A person possessing a rifle with a barrel or barrels less than 16 inches in length if: (A) the person has been issued a Curios and Relics license from the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives; or (B) the person is an active member of a bona fide, nationally recognized military re-enacting group and the modification is required and necessary to accurately portray the weapon for historical re-enactment purposes; the re-enactor is in possession of a valid and current re-enacting group membership credential; and the overall length of the weapon as modified is not less than 26 inches.

During transportation, any such weapon shall be broken down in a non-functioning state, or not immediately accessible.

(d) Subsection 24-1(a)(1) does not apply to the purchase, possession or carrying of a black-jack or slung-shot by a peace officer.

(e) Subsection 24-1(a)(8) does not apply to any owner, manager or authorized employee of any place specified in that subsection nor to any law enforcement officer.

(f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and Section 24-1.6 do not apply to members of any club or organization organized for the purpose of practicing shooting at targets upon established target ranges, whether public or private, while using their firearms on those target ranges.

(g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply to:

(1) Members of the Armed Services or Reserve Forces of the United States or the Illinois National Guard, while in the performance of their official duty.

(2) Bonafide collectors of antique or surplus military ordinance.

(3) Laboratories having a department of forensic ballistics, or specializing in the development of ammunition or explosive ordinance.

(4) Commerce, preparation, assembly or possession of explosive bullets by manufacturers of ammunition licensed by the federal government, in connection with the supply of those organizations and persons exempted by subdivision (g)(1) of this Section, or like organizations and persons outside this State, or the transportation of explosive bullets to any organization or person exempted in this Section by a common carrier or by a vehicle owned or leased by an exempted manufacturer.

(g-5) Subsection 24-1(a)(6) does not apply to or affect persons licensed under federal law to manufacture any device or attachment of any kind designed, used, or intended for use in silencing the report of any firearm, firearms, or ammunition for those firearms equipped with those devices, and actually engaged in the business of manufacturing those devices, firearms, or ammunition, but only with respect to activities that are within the lawful scope of that business, such as the manufacture, transportation, or testing of those devices, firearms, or ammunition. This exemption does not authorize the general private possession of any device or attachment of any kind designed, used, or intended for use in silencing the report of any firearm, but only such possession and activities as are within the lawful scope of a licensed manufacturing business described in this subsection (g-5). During transportation, these devices shall be detached from any weapon or not immediately accessible.

(g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section 24-1.6 do not apply to or affect any parole agent or parole supervisor who meets the qualifications and conditions prescribed in Section 3-14-1.5 of the Unified Code of Corrections.

(g-7) Subsection 24-1(a)(6) does not apply to a peace officer while serving as a member of a tactical response team or special operations team. A peace officer may not personally own or apply for ownership of a device or attachment of any kind designed, used, or intended for use in silencing the report of any firearm. These devices shall be owned and maintained by lawfully recognized units of government whose duties include the investigation of criminal acts.

(g-10) Subsections 24-1(a)(4), 24-1(a)(8), and 24-1(a)(10), and Sections 24-1.6 and 24-3.1 do not apply to an athlete's possession, transport on official Olympic and Paralympic transit systems established for athletes, or use of competition firearms sanctioned by the International Olympic Committee, the International Paralympic Committee, the International Shooting Sport Federation, or USA Shooting in connection with such athlete's training for and participation in shooting competitions at the 2016 Olympic and Paralympic Games and sanctioned test events leading up to the 2016 Olympic and Paralympic Games.

(h) An information or indictment based upon a violation of any subsection of this Article need not negative any exemptions contained in this Article. The defendant shall have the burden of proving such an exemption.

(i) Nothing in this Article shall prohibit, apply to, or affect the transportation, carrying, or possession, of any pistol or revolver, stun gun, taser, or other firearm consigned to a common carrier operating under license of the State of Illinois or the federal government, where such transportation, carrying, or possession is incident to the lawful transportation in which such common carrier is engaged; and nothing in this Article shall prohibit, apply to, or affect the transportation, carrying, or possession of any pistol, revolver, stun gun, taser, or other firearm, not the subject of and regulated by subsection 24-1(a)(7) or subsection 24-2(c) of this Article, which is unloaded and enclosed in a firearm case, firearm carrying box, shipping box, or other similar portable container designed for the safe transportation of firearms, by the possessor of a valid Firearm Owners Identification Card.

(Source: P.A. 96-7, eff. 4-3-09; 96-230, eff. 1-1-10; 96-742, eff. 8-25-09; 96-1000, eff. 7-2-10; 97-465, eff. 8-22-11; 97-676, eff. 6-1-12; 97-936, eff. 1-1-13; 97-1010, eff. 1-1-13; revised 8-23-12.)

(720 ILCS 5/24-3) (from Ch. 38, par. 24-3)

(Text of Section before amendment by P.A. 97-1167)

Sec. 24-3. Unlawful sale or delivery of firearms.

(A) A person commits the offense of unlawful sale or delivery of firearms when he or she knowingly does any of the following:

(a) Sells or gives any firearm of a size which may be concealed upon the person to any person under 18 years of age.

(b) Sells or gives any firearm to a person under 21 years of age who has been convicted of a misdemeanor other than a traffic offense or adjudged delinquent.

(c) Sells or gives any firearm to any narcotic addict.

(d) Sells or gives any firearm to any person who has been convicted of a felony under the laws of this or any other jurisdiction.

(e) Sells or gives any firearm to any person who has been a patient in a mental hospital within the past 5 years.

(f) Sells or gives any firearms to any person who is intellectually disabled.

(g) Delivers any firearm of a size which may be concealed upon the person, incidental to a sale, without withholding delivery of such firearm for at least 72 hours after application for its purchase has been made, or delivers any rifle, shotgun or other long gun, or a stun gun or taser, incidental to a sale, without withholding delivery of such rifle, shotgun or other long gun, or a stun gun or taser for at least 24 hours after application for its purchase has been made. However, this paragraph (g) does not apply to: (1) the sale of a firearm to a law enforcement officer if the seller of the firearm knows that the person to whom he or she is selling the firearm is a law enforcement officer or the sale of a firearm to a person who desires to purchase a firearm for use in promoting the public interest incident to his or her employment as a bank guard, armed truck guard, or other similar employment; (2) a mail order sale of a firearm to a nonresident of Illinois under which the firearm is mailed to a point outside the boundaries of Illinois; (3) the sale of a firearm to a nonresident of Illinois while at a firearm showing or display recognized by the Illinois Department of State Police; or (4) the sale of a firearm to a dealer licensed as a federal firearms dealer under Section 923 of the federal Gun Control Act of 1968 (18 U.S.C. 923). For purposes of this paragraph (g), "application" means when the buyer and seller reach an agreement to purchase a firearm.

(h) While holding any license as a dealer, importer, manufacturer or pawnbroker under the federal Gun Control Act of 1968, manufactures, sells or delivers to any unlicensed person a handgun having a barrel, slide, frame or receiver which is a die casting of zinc alloy or any other nonhomogeneous metal which will melt or deform at a temperature of less than 800 degrees Fahrenheit. For purposes of this paragraph, (1) "firearm" is defined as in the Firearm Owners Identification Card Act; and (2) "handgun" is defined as a firearm designed to be held and fired by the use of a single hand, and includes a combination of parts from which such a firearm can be assembled.

(i) Sells or gives a firearm of any size to any person under 18 years of age who does not possess a valid Firearm Owner's Identification Card.

(j) Sells or gives a firearm while engaged in the business of selling firearms at wholesale or retail without being licensed as a federal firearms dealer under Section 923 of the federal Gun Control Act of 1968 (18 U.S.C. 923). In this paragraph (j):

A person "engaged in the business" means a person who devotes time, attention, and labor to engaging in the activity as a regular course of trade or business with the principal objective of livelihood and profit, but does not include a person who makes occasional repairs of firearms or who occasionally fits special barrels, stocks, or trigger mechanisms to firearms.

"With the principal objective of livelihood and profit" means that the intent underlying the sale or disposition of firearms is predominantly one of obtaining livelihood and pecuniary gain, as opposed to other intents, such as improving or liquidating a personal firearms collection; however, proof of profit shall not be required as to a person who engages in the regular and repetitive purchase and disposition of firearms for criminal purposes or terrorism.

(k) Sells or transfers ownership of a firearm to a person who does not display to the seller or transferor of the firearm a currently valid Firearm Owner's Identification Card that has previously been issued in the transferee's name by the Department of State Police under the provisions of the Firearm Owners Identification Card Act. This paragraph (k) does not apply to the transfer of a firearm to a person who is exempt from the requirement of possessing a Firearm Owner's Identification Card under Section 2 of the Firearm Owners Identification Card Act. For the purposes of this Section, a currently valid Firearm Owner's Identification Card means (i) a Firearm Owner's Identification Card that has not expired or (ii) if the transferor is licensed as a federal firearms dealer under Section 923 of the federal Gun Control Act of 1968 (18 U.S.C. 923), an approval number issued in accordance with Section 3.1 of the Firearm Owners Identification Card Act shall be proof that the Firearm Owner's Identification Card was valid.

(l) Not being entitled to the possession of a firearm, delivers the firearm, knowing it to have been stolen or converted. It may be inferred that a person who possesses a firearm with knowledge that its serial number has been removed or altered has knowledge that the firearm is stolen or converted.

(m) Transfers or possesses with intent to transfer a firearm to another person who is not a firearms dealer permittee under the Gun Safety and Responsibility Act, without complying with subsection (a-5) of Section 3 of the Firearm Owners Identification Card Act by conducting the transfer through a firearms dealer permittee. This paragraph (m) does not apply to a firearms dealer permittee, or any of the persons listed as exceptions in subsection (a-5) of Section 3 of the Firearm Owners Identification Card Act.

(n) Transfers or possesses with intent to transfer a firearm to another person without complying with Section 90 of the Gun Safety and Responsibility Act. This paragraph (n) does not apply to any of the persons listed in Section 100 of the Gun Safety and Responsibility Act.

(B) Paragraph (h) of subsection (A) does not include firearms sold within 6 months after enactment of Public Act 78-355 (approved August 21, 1973, effective October 1, 1973), nor is any firearm legally owned or possessed by any citizen or purchased by any citizen within 6 months after the enactment of Public Act 78-355 subject to confiscation or seizure under the provisions of that Public Act. Nothing in Public Act 78-355 shall be construed to prohibit the gift or trade of any firearm if that firearm was legally held or acquired within 6 months after the enactment of that Public Act.

(C) Sentence.

(1) Any person convicted of unlawful sale or delivery of firearms in violation of paragraph (c), (e), (f), (g), or (h) of subsection (A) commits a Class 4 felony.

(2) Any person convicted of unlawful sale or delivery of firearms in violation of paragraph (b) or (i) of subsection (A) commits a Class 3 felony.

(3) Any person convicted of unlawful sale or delivery of firearms in violation of paragraph (a) of subsection (A) commits a Class 2 felony.

(4) Any person convicted of unlawful sale or delivery of firearms in violation of paragraph (a), (b), or (i), (m), or (n) of subsection (A) in any school, on the real property comprising a school, within 1,000 feet of the real property comprising a school, at a school related activity, or on or within 1,000 feet of any conveyance owned, leased, or contracted by a school or school district to transport students to or from school or a school related activity, regardless of the time of day or time of year at which the offense was committed, commits a Class 1 felony. Any person convicted of a second or subsequent violation of unlawful sale or delivery of firearms in violation of paragraph (a), (b), or (i), (m), or (n) of subsection (A) in any school, on the real property comprising a school, within 1,000 feet of the real property comprising a school, at a school related activity, or on or within 1,000 feet of any conveyance owned, leased, or contracted by a school or school district to transport students to or from school or a school related activity, regardless of the time of day or time of year at which the offense was committed, commits a Class 1 felony for which the sentence shall be a term of imprisonment of no less than 5 years and no more than 15 years.

(5) Any person convicted of unlawful sale or delivery of firearms in violation of paragraph (a) or (i) of subsection (A) in residential property owned, operated, or managed by a public housing agency or leased by a public housing agency as part of a scattered site or mixed-income development, in a public park, in a courthouse, on residential property owned, operated, or managed by a public housing agency or leased by a public housing agency as part of a scattered site or mixed-income development, on the real property comprising any public park, on the real property comprising any courthouse, or on any public way within 1,000 feet of the real property comprising any public park, courthouse, or residential property owned, operated, or managed by a public housing agency or leased by a public housing agency as part of a scattered site or mixed-income development commits a Class 2 felony.

(6) Any person convicted of unlawful sale or delivery of firearms in violation of paragraph (j) of subsection (A) commits a Class A misdemeanor. A second or subsequent violation is a Class 4 felony.

(7) Any person convicted of unlawful sale or delivery of firearms in violation of paragraph (k) of subsection (A) commits a Class 4 felony. A third or subsequent conviction for a violation of paragraph (k) of subsection (A) is a Class 1 felony.

(8) A person 18 years of age or older convicted of unlawful sale or delivery of firearms in violation of paragraph (a) or (i) of subsection (A), when the firearm that was sold or given to another person under 18 years of age was used in the commission of or attempt to commit a forcible felony, shall be fined or imprisoned, or both, not to exceed the maximum provided for the most serious forcible felony so committed or attempted by the person under 18 years of age who was sold or given the firearm.

(9) Any person convicted of unlawful sale or delivery of firearms in violation of paragraph (d) of subsection (A) commits a Class 3 felony.

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

(D) For purposes of this Section:

"School" means a public or private elementary or secondary school, community college, college, or university.

"School related activity" means any sporting, social, academic, or other activity for which students' attendance or participation is sponsored, organized, or funded in whole or in part by a school or school district.

(E) A prosecution for a violation of paragraph (k) of subsection (A) of this Section may be commenced within 6 years after the commission of the offense. A prosecution for a violation of this Section other than paragraph (g) of subsection (A) of this Section may be commenced within 5 years after the commission of the offense defined in the particular paragraph.

(Source: P.A. 96-190, eff. 1-1-10; 97-227, eff. 1-1-12; 97-347, eff. 1-1-12; 97-813, eff. 7-13-12.)

(Text of Section after amendment by P.A. 97-1167)

Sec. 24-3. Unlawful sale or delivery of firearms.

(A) A person commits the offense of unlawful sale or delivery of firearms when he or she knowingly does any of the following:

(a) Sells or gives any firearm of a size which may be concealed upon the person to any person under 18 years of age.

(b) Sells or gives any firearm to a person under 21 years of age who has been convicted of a misdemeanor other than a traffic offense or adjudged delinquent.

(c) Sells or gives any firearm to any narcotic addict.

(d) Sells or gives any firearm to any person who has been convicted of a felony under the laws of this or any other jurisdiction.

(e) Sells or gives any firearm to any person who has been a patient in a mental institution within the past 5 years. In this subsection (e):

"Mental institution" means any hospital, institution, clinic, evaluation facility, mental health center, or part thereof, which is used primarily for the care or treatment of persons with mental illness.

"Patient in a mental institution" means the person was admitted, either voluntarily or involuntarily, to a mental institution for mental health treatment, unless the treatment was voluntary and solely for an alcohol abuse disorder and no other secondary substance abuse disorder or mental illness.

(f) Sells or gives any firearms to any person who is intellectually disabled.

(g) Delivers any firearm of a size which may be concealed upon the person, incidental to a sale, without withholding delivery of such firearm for at least 72 hours after application for its purchase has been made, or delivers any rifle, shotgun or other long gun, or a stun gun or taser, incidental to a sale, without withholding delivery of such rifle, shotgun or other long gun, or a stun gun or taser for at least 24 hours after application for its purchase has been made. However, this paragraph (g) does not apply to: (1) the sale of a firearm to a law enforcement officer if the seller of the firearm knows that the person to whom he or she is selling the firearm is a law enforcement officer or the sale of a firearm to a person who desires to purchase a firearm for use in promoting the public interest incident to his or her employment as a bank guard, armed truck guard, or other similar employment; (2) a mail order sale of a firearm to a nonresident of Illinois under which the firearm is mailed to a point outside the boundaries of Illinois; (3) the sale of a firearm to a nonresident of Illinois while at a firearm showing or display recognized by the Illinois Department of State Police; or (4) the sale of a firearm to a dealer licensed as a federal firearms dealer under Section 923 of the federal Gun Control Act of 1968 (18 U.S.C. 923). For purposes of this paragraph (g), "application" means when the buyer and seller reach an agreement to purchase a firearm.

(h) While holding any license as a dealer, importer, manufacturer or pawnbroker under the federal Gun Control Act of 1968, manufactures, sells or delivers to any unlicensed person a handgun having a barrel, slide, frame or receiver which is a die casting of zinc alloy or any other nonhomogeneous metal which will melt or deform at a temperature of less than 800 degrees Fahrenheit. For purposes of this paragraph, (1) "firearm" is defined as in the Firearm Owners Identification Card Act; and (2) "handgun" is defined as a firearm designed to be held and fired by the use of a single hand, and includes a combination of parts from which such a firearm can be assembled.

(i) Sells or gives a firearm of any size to any person under 18 years of age who does not possess a valid Firearm Owner's Identification Card.

(j) Sells or gives a firearm while engaged in the business of selling firearms at wholesale or retail without being licensed as a federal firearms dealer under Section 923 of the federal Gun Control Act of 1968 (18 U.S.C. 923). In this paragraph (j):

A person "engaged in the business" means a person who devotes time, attention, and labor to engaging in the activity as a regular course of trade or business with the principal objective of livelihood and profit, but does not include a person who makes occasional repairs of firearms or who occasionally fits special barrels, stocks, or trigger mechanisms to firearms.

"With the principal objective of livelihood and profit" means that the intent underlying the sale or disposition of firearms is predominantly one of obtaining livelihood and pecuniary gain, as opposed to other intents, such as improving or liquidating a personal firearms collection; however, proof of profit shall not be required as to a person who engages in the regular and repetitive purchase and disposition of firearms for criminal purposes or terrorism.

(k) Sells or transfers ownership of a firearm to a person who does not display to the seller or transferor of the firearm a currently valid Firearm Owner's Identification Card that has previously been issued in the transferee's name by the Department of State Police under the provisions of the Firearm Owners Identification Card Act. This paragraph (k) does not apply to the transfer of a firearm to a person who is exempt from the requirement of possessing a Firearm Owner's Identification Card under Section 2 of the Firearm Owners Identification Card Act. For the purposes of this Section, a currently valid Firearm Owner's Identification Card means (i) a Firearm Owner's Identification Card that has not expired or (ii) if the transferor is licensed as a federal firearms dealer under Section 923 of the federal Gun Control Act of 1968 (18 U.S.C. 923), an approval number issued in accordance with Section 3.1 of the Firearm Owners Identification Card Act shall be proof that the Firearm Owner's Identification Card was valid.

(l) Not being entitled to the possession of a firearm, delivers the firearm, knowing it to have been stolen or converted. It may be inferred that a person who possesses a firearm with knowledge that its serial number has been removed or altered has knowledge that the firearm is stolen or converted.

(m) Transfers or possesses with intent to transfer a firearm to another person who is not a firearms dealer permittee under the Gun Safety and Responsibility Act, without complying with subsection (a-5) of Section 3 of the Firearm Owners Identification Card Act by conducting the transfer through a firearms dealer permittee. This paragraph (m) does not apply to a firearms dealer permittee, or any of the persons listed as exceptions in subsection (a-5) of Section 3 of the Firearm Owners Identification Card Act.

(n) Transfers or possesses with intent to transfer a firearm to another person without complying with Section 90 of the Gun Safety and Responsibility Act. This paragraph (n) does not apply to any of the persons listed in Section 100 of the Gun Safety and Responsibility Act.

(B) Paragraph (h) of subsection (A) does not include firearms sold within 6 months after enactment of Public Act 78-355 (approved August 21, 1973, effective October 1, 1973), nor is any firearm legally owned or possessed by any citizen or purchased by any citizen within 6 months after the enactment of Public Act 78-355 subject to confiscation or seizure under the provisions of that Public Act. Nothing in Public Act 78-355 shall be construed to prohibit the gift or trade of any firearm if that firearm was legally held or acquired within 6 months after the enactment of that Public Act.

(C) Sentence.

(1) Any person convicted of unlawful sale or delivery of firearms in violation of paragraph (c), (e), (f), (g), or (h) of subsection (A) commits a Class 4 felony.

(2) Any person convicted of unlawful sale or delivery of firearms in violation of paragraph (b) or (i) of subsection (A) commits a Class 3 felony.

(3) Any person convicted of unlawful sale or delivery of firearms in violation of paragraph (a) of subsection (A) commits a Class 2 felony.

(4) Any person convicted of unlawful sale or delivery of firearms in violation of paragraph (a), (b), or (i), (m), or (n) of subsection (A) in any school, on the real property comprising a school, within 1,000 feet of the real property comprising a school, at a school related activity, or on or within 1,000 feet of any conveyance owned, leased, or contracted by a school or school district to transport students to or from school or a school related activity, regardless of the time of day or time of year at which the offense was committed, commits a Class 1 felony. Any person convicted of a second or subsequent violation of unlawful sale or delivery of firearms in violation of paragraph (a), (b), or (i), (m), or (n) of subsection (A) in any school, on the real property comprising a school, within 1,000 feet of the real property comprising a school, at a school related activity, or on or within 1,000 feet of any conveyance owned, leased, or contracted by a school or school district to transport students to or from school or a school related activity, regardless of the time of day or time of year at which the offense was committed, commits a Class 1 felony for which the sentence shall be a term of imprisonment of no less than 5 years and no more than 15 years.

(5) Any person convicted of unlawful sale or delivery of firearms in violation of paragraph (a) or (i) of subsection (A) in residential property owned, operated, or managed by a public housing agency or leased by a public housing agency as part of a scattered site or mixed-income development, in a public park, in a courthouse, on residential property owned, operated, or managed by a public housing agency or leased by a public housing agency as part of a scattered site or mixed-income development, on the real property comprising any public park, on the real property comprising any courthouse, or on any public way within 1,000 feet of the real property comprising any public park, courthouse, or residential property owned, operated, or managed by a public housing agency or leased by a public housing agency as part of a scattered site or mixed-income development commits a Class 2 felony.

(6) Any person convicted of unlawful sale or delivery of firearms in violation of paragraph (j) of subsection (A) commits a Class A misdemeanor. A second or subsequent violation is a Class 4 felony.

(7) Any person convicted of unlawful sale or delivery of firearms in violation of paragraph (k) of subsection (A) commits a Class 4 felony. A third or subsequent conviction for a violation of paragraph (k) of subsection (A) is a Class 1 felony.

(8) A person 18 years of age or older convicted of unlawful sale or delivery of firearms in violation of paragraph (a) or (i) of subsection (A), when the firearm that was sold or given to another person under 18 years of age was used in the commission of or attempt to commit a forcible felony, shall be fined or imprisoned, or both, not to exceed the maximum provided for the most serious forcible felony so committed or attempted by the person under 18 years of age who was sold or given the firearm.

(9) Any person convicted of unlawful sale or delivery of firearms in violation of paragraph (d) of subsection (A) commits a Class 3 felony.

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

(D) For purposes of this Section:

"School" means a public or private elementary or secondary school, community college, college, or university.

"School related activity" means any sporting, social, academic, or other activity for which students' attendance or participation is sponsored, organized, or funded in whole or in part by a school or school district.

(E) A prosecution for a violation of paragraph (k) of subsection (A) of this Section may be commenced within 6 years after the commission of the offense. A prosecution for a violation of this Section other than paragraph (g) of subsection (A) of this Section may be commenced within 5 years after the commission of the offense defined in the particular paragraph.

(Source: P.A. 96-190, eff. 1-1-10; 97-227, eff. 1-1-12; 97-347, eff. 1-1-12; 97-813, eff. 7-13-12; 97-1167, eff. 6-1-13.)

(720 ILCS 5/24-3.5)

Sec. 24-3.5. Unlawful purchase of a firearm.

(a) For purposes of this Section, "firearms transaction record form" means a form:

(1) executed by a transferee of a firearm stating: (i) the transferee's name and address (including county or similar political subdivision); (ii) whether the transferee is a citizen of the United States; (iii) the transferee's State of residence; and (iv) the date and place of birth, height, weight, and race of the transferee; and

(2) on which the transferee certifies that he or she is not prohibited by federal law from transporting or shipping a firearm in interstate or foreign commerce or receiving a firearm that has been shipped or transported in interstate or foreign commerce or possessing a firearm in or affecting commerce.

(b) A person commits the offense of unlawful purchase of a firearm when he or she who knowingly purchases or attempts to purchase a firearm with the intent to deliver that firearm to another person who is prohibited by federal or State law from possessing a firearm.

(c) A person commits the offense of unlawful purchase of a firearm when he or she, in purchasing or attempting to purchase a firearm, intentionally provides false or misleading information on a United States Department of the Treasury, Bureau of Alcohol, Tobacco and Firearms firearms transaction record form.

(c-5) A person commits unlawful purchase of a firearm when he or she knowingly purchases or attempts to purchase a firearm with the intent to resell or transfer the firearm in violation of Illinois law.

(d) Exemption. It is not a violation of subsection (b) of this Section for a person to make a gift or loan of a firearm to a person who is not prohibited by federal or State law from possessing a firearm if the transfer of the firearm is made in accordance with Section 3 of the Firearm Owners Identification Card Act.

(e) Sentence.

(1) A person who commits the offense of unlawful purchase of a firearm:

(A) is guilty of a Class 2 felony for purchasing or attempting to purchase one firearm;

(B) is guilty of a Class 1 felony for purchasing or attempting to purchase not less than 2 firearms and not more than 5 firearms at the same time or within a one year period;

(C) is guilty of a Class X felony for which the offender shall be sentenced to a term of imprisonment of not less than 9 years and not more than 40 years for purchasing or attempting to purchase not less than 6 firearms at the same time or within a 2 year period.

(2) In addition to any other penalty that may be imposed for a violation of this Section, the court may sentence a person convicted of a violation of subsection (c) of this Section to a fine not to exceed $250,000 for each violation.

(f) A prosecution for unlawful purchase of a firearm may be commenced within 6 years after the commission of the offense.

(Source: P.A. 95-882, eff. 1-1-09.)

(720 ILCS 5/24-4.1 new)

Sec. 24-4.1. Unlawful private acquisition of firearms.

(a) It is unlawful for any person who is not a firearms dealer permittee under the Gun Safety and Responsibility Act to acquire a firearm from another person who is not a firearms dealer permittee, without with complying with subsection (a-5) of Section 3 of the Firearm Owners Identification Card Act by conducting the transfer through a firearms dealer permittee.

(b) This Section does not apply to the persons listed as exceptions in subsection (a-5) of Section 3 of the Firearm Owners Identification Card Act.

(c) A violation of this Section is a Class 4 felony for a first offense and a Class 3 felony for a second or subsequent offense.

(720 ILCS 5/24-4.2 new)

Sec. 24-4.2. Report of lost or stolen firearms.

(a) If a person who possesses a firearm thereafter loses or misplaces the firearm, or if the firearm is stolen from the person, the person must report the loss or theft to the local law enforcement agency within 72 hours after he or she knew or reasonably should have known of the loss or theft.

(b) Subsection (a) does not apply to the following persons:

(1) any federal law enforcement or corrections agency, or federal law enforcement or corrections officer acting within the course and scope of his or her employment or official duties; or

(2) a United States Marshal or member of the armed forces of the United States or the National Guard, or a federal official, who is required to possess a firearm in the operation of his or her official duties.

(c) It is unlawful for any person to report to the local law enforcement agency that a firearm has been lost or stolen, knowing the report to be false.

(d) A person who violates subsection (a) of this Section is guilty of a petty offense for a first violation. A second or subsequent violation of subsection (a) of this Section is a Class A misdemeanor. A violation of subsection (c) of this Section is a Class 2 felony.

(720 ILCS 5/24-4.3 new)

Sec. 24-4.3. Safe storage of firearms.

(a) As used in this Section:

"Disabled" means rendered inoperable in such a way that only an authorized user can make the firearm capable of firing.

"Locked" means fully enclosed and locked by a padlock, key lock, combination lock or similar locking device.

"Residence" means any structure intended or used for human habitation including but not limited to houses, condominiums, rooms, in law units, motels, hotels, sro's, time-shares, recreational and other vehicles where human habitation occurs.

"Store or keep" does not include a firearm while a person who is in lawful possession of the firearm is carrying it on his or her person or has the firearm under his or her immediate control.

"Under his or her immediate control" means the firearm is in the lawful possession of a person and it is not possible for the firearm to come into the possession of another person without the consent of the person in lawful possession of the firearm, unless the other person gains access to the firearm through means of an unlawful entry or physical force.

(b) No person shall store or keep a firearm in a residence unless the firearm is unloaded; and

(1) the firearm is locked within a container designed to prevent children and unauthorized users from obtaining access to a firearm; or

(2) the firearm is disabled by a trigger lock or other device designed to prevent children and unauthorized users from firing the firearm. The device may be installed on the firearm or incorporated into the design of the firearm.

Section 995. No acceleration or delay. Where this Act makes changes in a statute that is represented in this Act by text that is not yet or no longer in effect (for example, a Section represented by multiple versions), the use of that text does not accelerate or delay the taking effect of (i) the changes made by this Act or (ii) provisions derived from any other Public Act.

Section 999. Effective date. This Act takes effect upon becoming law.".