103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB5254
 
Introduced , by Rep. Harry Benton
 
SYNOPSIS AS INTRODUCED:

430 ILCS 65/4 from Ch. 38, par. 83-4
430 ILCS 65/5 from Ch. 38, par. 83-5
430 ILCS 65/8 from Ch. 38, par. 83-8
430 ILCS 65/13.4
720 ILCS 5/24-3.1 from Ch. 38, par. 24-3.1
720 ILCS 5/24-3.5
 Amends the Firearm Owners Identification Card Act. Provides that a renewal shall be automatically denied for any Firearm Owner's Identification Card issued to an applicant who submitted an application on or after the effective date of the amendatory Act, if the Firearm Owner's Identification Card holder has failed to complete hands-on firearm safety training within one year after the initial issuance of a Firearm Owner's Identification Card. Provides that a revoked license for not completing hands-on firearm safety training shall not be grounds for a denial of a subsequent Firearm Owner's Identification Card application. Provides that each application form for a Firearm Owner's Identification Card shall include the date on which hands-on firearm safety training has been or will be completed. Provides that proof that the applicant has completed or is currently enrolled in a hands-on training course must accompany the application. Provides that the Illinois State Police has authority to deny an application for or to revoke and seize a Firearm Owner's Identification Card previously issued under the Act if the person has failed to complete hands-on firearm safety training by the specified date on the Firearm Owner's Identification Card application. Provides that the Illinois State Police shall adopt rules that define "hands-on firearm safety training". Amends the Criminal Code of 2012. Provides that unlawful purchase of a firearm includes purchasing a firearm before completing hands-on firearm safety training as defined by rules adopted by the Illinois State Police.


LRB103 35740 RLC 65821 b


 
 
A BILL FOR
 
HB5254LRB103 35740 RLC 65821 b


1 AN ACT concerning firearms.

2 Be it enacted by the People of the State of Illinois, 
3represented in the General Assembly:

4 Section 5. The Firearm Owners Identification Card Act is 
5amended by changing Sections 4, 5, 8, and 13.4 as follows:

6 (430 ILCS 65/4) (from Ch. 38, par. 83-4)
7 Sec. 4. Application for Firearm Owner's Identification 
8Cards. 
9 (a) Each applicant for a Firearm Owner's Identification 
10Card must: 
11  (1) Submit an application as made available by the 
12 Illinois State Police; and
13  (2) Submit evidence to the Illinois State Police that:
14   (i) (Blank); This subparagraph (i) applies through 
15 the 180th day following July 12, 2019 (the effective 
16 date of Public Act 101-80). He or she is 21 years of 
17 age or over, or if he or she is under 21 years of age 
18 that he or she has the written consent of his or her 
19 parent or legal guardian to possess and acquire 
20 firearms and firearm ammunition and that he or she has 
21 never been convicted of a misdemeanor other than a 
22 traffic offense or adjudged delinquent, provided, 
23 however, that such parent or legal guardian is not an 
 
 
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1 individual prohibited from having a Firearm Owner's 
2 Identification Card and files an affidavit with the 
3 Department as prescribed by the Department stating 
4 that he or she is not an individual prohibited from 
5 having a Card;
6   (i-5) This subparagraph (i-5) applies on and after 
7 the 181st day following July 12, 2019 (the effective 
8 date of Public Act 101-80). The applicant He or she is 
9 21 years of age or over, or if the applicant he or she 
10 is under 21 years of age that the applicant he or she 
11 has never been convicted of a misdemeanor other than a 
12 traffic offense or adjudged delinquent and is an 
13 active duty member of the United States Armed Forces 
14 or the Illinois National Guard or has the written 
15 consent of the applicant's his or her parent or legal 
16 guardian to possess and acquire firearms and firearm 
17 ammunition, provided, however, that such parent or 
18 legal guardian is not an individual prohibited from 
19 having a Firearm Owner's Identification Card and files 
20 an affidavit with the Illinois State Police as 
21 prescribed by the Illinois State Police stating that 
22 the applicant he or she is not an individual 
23 prohibited from having a Card or the active duty 
24 member of the United States Armed Forces or the 
25 Illinois National Guard under 21 years of age annually 
26 submits proof to the Illinois State Police, in a 
 
 
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1 manner prescribed by the Illinois State Police; 
2   (ii) The applicant He or she has not been 
3 convicted of a felony under the laws of this or any 
4 other jurisdiction;
5   (iii) The applicant He or she is not addicted to 
6 narcotics;
7   (iv) The applicant He or she has not been a patient 
8 in a mental health facility within the past 5 years or, 
9 if the applicant he or she has been a patient in a 
10 mental health facility more than 5 years ago submit 
11 the certification required under subsection (u) of 
12 Section 8 of this Act;
13   (v) The applicant He or she is not a person with an 
14 intellectual disability;
15   (vi) The applicant He or she is not a noncitizen 
16 who is unlawfully present in the United States under 
17 the laws of the United States;
18   (vii) The applicant He or she is not subject to an 
19 existing order of protection prohibiting him or her 
20 from possessing a firearm;
21   (viii) The applicant He or she has not been 
22 convicted within the past 5 years of battery, assault, 
23 aggravated assault, violation of an order of 
24 protection, or a substantially similar offense in 
25 another jurisdiction, in which a firearm was used or 
26 possessed;
 
 
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1   (ix) The applicant He or she has not been 
2 convicted of domestic battery, aggravated domestic 
3 battery, or a substantially similar offense in another 
4 jurisdiction committed before, on or after January 1, 
5 2012 (the effective date of Public Act 97-158). If the 
6 applicant knowingly and intelligently waives the right 
7 to have an offense described in this clause (ix) tried 
8 by a jury, and by guilty plea or otherwise, results in 
9 a conviction for an offense in which a domestic 
10 relationship is not a required element of the offense 
11 but in which a determination of the applicability of 
12 18 U.S.C. 922(g)(9) is made under Section 112A-11.1 of 
13 the Code of Criminal Procedure of 1963, an entry by the 
14 court of a judgment of conviction for that offense 
15 shall be grounds for denying the issuance of a Firearm 
16 Owner's Identification Card under this Section;
17   (x) (Blank);
18   (xi) The applicant He or she is not a noncitizen 
19 who has been admitted to the United States under a 
20 non-immigrant visa (as that term is defined in Section 
21 101(a)(26) of the Immigration and Nationality Act (8 
22 U.S.C. 1101(a)(26))), or that the applicant he or she 
23 is a noncitizen who has been lawfully admitted to the 
24 United States under a non-immigrant visa if that 
25 noncitizen is:
26    (1) admitted to the United States for lawful 
 
 
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1 hunting or sporting purposes;
2    (2) an official representative of a foreign 
3 government who is:
4     (A) accredited to the United States 
5 Government or the Government's mission to an 
6 international organization having its 
7 headquarters in the United States; or
8     (B) en route to or from another country to 
9 which that noncitizen is accredited;
10    (3) an official of a foreign government or 
11 distinguished foreign visitor who has been so 
12 designated by the Department of State;
13    (4) a foreign law enforcement officer of a 
14 friendly foreign government entering the United 
15 States on official business; or
16    (5) one who has received a waiver from the 
17 Attorney General of the United States pursuant to 
18 18 U.S.C. 922(y)(3);
19   (xii) The applicant He or she is not a minor 
20 subject to a petition filed under Section 5-520 of the 
21 Juvenile Court Act of 1987 alleging that the minor is a 
22 delinquent minor for the commission of an offense that 
23 if committed by an adult would be a felony;
24   (xiii) The applicant He or she is not an adult who 
25 had been adjudicated a delinquent minor under the 
26 Juvenile Court Act of 1987 for the commission of an 
 
 
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1 offense that if committed by an adult would be a 
2 felony;
3   (xiv) The applicant He or she is a resident of the 
4 State of Illinois; 
5   (xv) The applicant He or she has not been 
6 adjudicated as a person with a mental disability; 
7   (xvi) The applicant He or she has not been 
8 involuntarily admitted into a mental health facility; 
9 and 
10   (xvii) The applicant He or she is not a person with 
11 a developmental disability; and 
12  (3) Upon request by the Illinois State Police, sign a 
13 release on a form prescribed by the Illinois State Police 
14 waiving any right to confidentiality and requesting the 
15 disclosure to the Illinois State Police of limited mental 
16 health institution admission information from another 
17 state, the District of Columbia, any other territory of 
18 the United States, or a foreign nation concerning the 
19 applicant for the sole purpose of determining whether the 
20 applicant is or was a patient in a mental health 
21 institution and disqualified because of that status from 
22 receiving a Firearm Owner's Identification Card. No mental 
23 health care or treatment records may be requested. The 
24 information received shall be destroyed within one year of 
25 receipt.
26 (a-5) Each applicant for a Firearm Owner's Identification 
 
 
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1Card who is over the age of 18 shall furnish to the Illinois 
2State Police either the applicant's his or her Illinois 
3driver's license number or Illinois Identification Card 
4number, except as provided in subsection (a-10).
5 (a-10) Each applicant for a Firearm Owner's Identification 
6Card, who is employed as a law enforcement officer, an armed 
7security officer in Illinois, or by the United States Military 
8permanently assigned in Illinois and who is not an Illinois 
9resident, shall furnish to the Illinois State Police the 
10applicant's his or her driver's license number or state 
11identification card number from the applicant's his or her 
12state of residence. The Illinois State Police may adopt rules 
13to enforce the provisions of this subsection (a-10).
14 (a-15) If an applicant applying for a Firearm Owner's 
15Identification Card moves from the residence address named in 
16the application, the applicant he or she shall immediately 
17notify in a form and manner prescribed by the Illinois State 
18Police of that change of address.
19 (a-20) Each applicant for a Firearm Owner's Identification 
20Card shall furnish to the Illinois State Police the 
21applicant's his or her photograph. An applicant who is 21 
22years of age or older seeking a religious exemption to the 
23photograph requirement must furnish with the application an 
24approved copy of United States Department of the Treasury 
25Internal Revenue Service Form 4029. In lieu of a photograph, 
26an applicant regardless of age seeking a religious exemption 
 
 
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1to the photograph requirement shall submit fingerprints on a 
2form and manner prescribed by the Illinois State Police with 
3the applicant's his or her application. 
4 (a-25) Beginning January 1, 2023, each applicant for the 
5issuance of a Firearm Owner's Identification Card may include 
6a full set of the applicant's his or her fingerprints in 
7electronic format to the Illinois State Police, unless the 
8applicant has previously provided a full set of the 
9applicant's his or her fingerprints to the Illinois State 
10Police under this Act or the Firearm Concealed Carry Act.
11 The fingerprints must be transmitted through a live scan 
12fingerprint vendor licensed by the Department of Financial and 
13Professional Regulation. The fingerprints shall be checked 
14against the fingerprint records now and hereafter filed in the 
15Illinois State Police and Federal Bureau of Investigation 
16criminal history records databases, including all available 
17State and local criminal history record information files.
18 The Illinois State Police shall charge applicants a 
19one-time fee for conducting the criminal history record check, 
20which shall be deposited into the State Police Services Fund 
21and shall not exceed the actual cost of the State and national 
22criminal history record check.
23 (a-26) The Illinois State Police shall research, explore, 
24and report to the General Assembly by January 1, 2022 on the 
25feasibility of permitting voluntarily submitted fingerprints 
26obtained for purposes other than Firearm Owner's 
 
 
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1Identification Card enforcement that are contained in the 
2Illinois State Police database for purposes of this Act. 
3 (b) Each application form shall include the following 
4statement printed in bold type: "Warning: Entering false 
5information on an application for a Firearm Owner's 
6Identification Card is punishable as a Class 2 felony in 
7accordance with subsection (d-5) of Section 14 of the Firearm 
8Owners Identification Card Act.".
9 (c) Upon such written consent, pursuant to Section 4, 
10paragraph (a)(2)(i), the parent or legal guardian giving the 
11consent shall be liable for any damages resulting from the 
12applicant's use of firearms or firearm ammunition.
13 (d) Each application form shall include the date on which 
14hands-on firearm safety training has been or will be 
15completed. Proof that the applicant has completed or is 
16currently enrolled in a hands-on training course must 
17accompany the application. 
18(Source: P.A. 101-80, eff. 7-12-19; 102-237, eff. 1-1-22; 
19102-538, eff. 8-20-21; 102-813, eff. 5-13-22; 102-1030, eff. 
205-27-22; 102-1116, eff. 1-10-23.)

21 (430 ILCS 65/5) (from Ch. 38, par. 83-5)
22 Sec. 5. Application and renewal. 
23 (a) The Illinois State Police shall either approve or deny 
24all applications within 30 days from the date they are 
25received, except as provided in subsections (b) and (c), and 
 
 
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1every applicant found qualified under Section 8 of this Act by 
2the Illinois State Police shall be entitled to a Firearm 
3Owner's Identification Card upon the payment of a $10 fee and 
4applicable processing fees. The processing fees shall be 
5limited to charges by the State Treasurer for using the 
6electronic online payment system. Any applicant who is an 
7active duty member of the Armed Forces of the United States, a 
8member of the Illinois National Guard, or a member of the 
9Reserve Forces of the United States is exempt from the 
10application fee. $5 of each fee derived from the issuance of a 
11Firearm Owner's Identification Card or renewals thereof shall 
12be deposited in the State Police Firearm Services Fund and $5 
13into the State Police Revocation Enforcement Fund.
14 (b) Renewal applications shall be approved or denied 
15within 60 business days, provided the applicant submitted his 
16or her renewal application prior to the expiration of his or 
17her Firearm Owner's Identification Card. If a renewal 
18application has been submitted prior to the expiration date of 
19the applicant's Firearm Owner's Identification Card, the 
20Firearm Owner's Identification Card shall remain valid while 
21the Illinois State Police processes the application, unless 
22the person is subject to or becomes subject to revocation 
23under this Act. The cost for a renewal application shall be $10 
24and may include applicable processing fees, which shall be 
25limited to charges by the State Treasurer for using the 
26electronic online payment system, which shall be deposited 
 
 
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1into the State Police Firearm Services Fund. A renewal shall 
2be automatically denied for any Firearm Owner's Identification 
3Card issued to an applicant who submitted an application on or 
4after the effective date of this amendatory Act of the 103rd 
5General Assembly, if the Firearm Owner's Identification Card 
6holder has failed to complete hands-on firearm safety training 
7within one year after the initial issuance of a Firearm 
8Owner's Identification Card. A revoked license for not 
9completing hands-on firearm safety training shall not be 
10grounds for a denial of a subsequent Firearm Owner's 
11Identification Card application. 
12 (c) If the Firearm Owner's Identification Card of a 
13licensee under the Firearm Concealed Carry Act expires during 
14the term of the licensee's concealed carry license, the 
15Firearm Owner's Identification Card and the license remain 
16valid and the licensee does not have to renew his or her 
17Firearm Owner's Identification Card during the duration of the 
18concealed carry license. Unless the Illinois State Police has 
19reason to believe the licensee is no longer eligible for the 
20card, the Illinois State Police may automatically renew the 
21licensee's Firearm Owner's Identification Card and send a 
22renewed Firearm Owner's Identification Card to the licensee.
23 (d) The Illinois State Police may adopt rules concerning 
24the use of voluntarily submitted fingerprints, as allowed by 
25State and federal law. 
26(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; 
 
 
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1102-813, eff. 5-13-22.)

2 (430 ILCS 65/8) (from Ch. 38, par. 83-8)
3 Sec. 8. Grounds for denial and revocation. The Illinois 
4State Police has authority to deny an application for or to 
5revoke and seize a Firearm Owner's Identification Card 
6previously issued under this Act only if the Illinois State 
7Police finds that the applicant or the person to whom such card 
8was issued is or was at the time of issuance:
9  (a) A person under 21 years of age who has been 
10 convicted of a misdemeanor other than a traffic offense or 
11 adjudged delinquent;
12  (b) This subsection (b) applies through the 180th day 
13 following July 12, 2019 (the effective date of Public Act 
14 101-80). A person under 21 years of age who does not have 
15 the written consent of his parent or guardian to acquire 
16 and possess firearms and firearm ammunition, or whose 
17 parent or guardian has revoked such written consent, or 
18 where such parent or guardian does not qualify to have a 
19 Firearm Owner's Identification Card;
20  (b-5) This subsection (b-5) applies on and after the 
21 181st day following July 12, 2019 (the effective date of 
22 Public Act 101-80). A person under 21 years of age who is 
23 not an active duty member of the United States Armed 
24 Forces or the Illinois National Guard and does not have 
25 the written consent of his or her parent or guardian to 
 
 
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1 acquire and possess firearms and firearm ammunition, or 
2 whose parent or guardian has revoked such written consent, 
3 or where such parent or guardian does not qualify to have a 
4 Firearm Owner's Identification Card; 
5  (c) A person convicted of a felony under the laws of 
6 this or any other jurisdiction;
7  (d) A person addicted to narcotics;
8  (e) A person who has been a patient of a mental health 
9 facility within the past 5 years or a person who has been a 
10 patient in a mental health facility more than 5 years ago 
11 who has not received the certification required under 
12 subsection (u) of this Section. An active law enforcement 
13 officer employed by a unit of government or a Department 
14 of Corrections employee authorized to possess firearms who 
15 is denied, revoked, or has his or her Firearm Owner's 
16 Identification Card seized under this subsection (e) may 
17 obtain relief as described in subsection (c-5) of Section 
18 10 of this Act if the officer or employee did not act in a 
19 manner threatening to the officer or employee, another 
20 person, or the public as determined by the treating 
21 clinical psychologist or physician, and the officer or 
22 employee seeks mental health treatment;
23  (f) A person whose mental condition is of such a 
24 nature that it poses a clear and present danger to the 
25 applicant, any other person or persons, or the community;
26  (g) A person who has an intellectual disability;
 
 
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1  (h) A person who intentionally makes a false statement 
2 in the Firearm Owner's Identification Card application or 
3 endorsement affidavit or who has failed to complete 
4 hands-on firearm safety training by the specified date on 
5 the Firearm Owner's Identification Card application;
6  (i) A noncitizen who is unlawfully present in the 
7 United States under the laws of the United States;
8  (i-5) A noncitizen who has been admitted to the United 
9 States under a non-immigrant visa (as that term is defined 
10 in Section 101(a)(26) of the Immigration and Nationality 
11 Act (8 U.S.C. 1101(a)(26))), except that this subsection 
12 (i-5) does not apply to any noncitizen who has been 
13 lawfully admitted to the United States under a 
14 non-immigrant visa if that noncitizen is:
15   (1) admitted to the United States for lawful 
16 hunting or sporting purposes;
17   (2) an official representative of a foreign 
18 government who is:
19    (A) accredited to the United States Government 
20 or the Government's mission to an international 
21 organization having its headquarters in the United 
22 States; or
23    (B) en route to or from another country to 
24 which that noncitizen is accredited;
25   (3) an official of a foreign government or 
26 distinguished foreign visitor who has been so 
 
 
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1 designated by the Department of State;
2   (4) a foreign law enforcement officer of a 
3 friendly foreign government entering the United States 
4 on official business; or
5   (5) one who has received a waiver from the 
6 Attorney General of the United States pursuant to 18 
7 U.S.C. 922(y)(3);
8  (j) (Blank);
9  (k) A person who has been convicted within the past 5 
10 years of battery, assault, aggravated assault, violation 
11 of an order of protection, or a substantially similar 
12 offense in another jurisdiction, in which a firearm was 
13 used or possessed;
14  (l) A person who has been convicted of domestic 
15 battery, aggravated domestic battery, or a substantially 
16 similar offense in another jurisdiction committed before, 
17 on or after January 1, 2012 (the effective date of Public 
18 Act 97-158). If the applicant or person who has been 
19 previously issued a Firearm Owner's Identification Card 
20 under this Act knowingly and intelligently waives the 
21 right to have an offense described in this paragraph (l) 
22 tried by a jury, and by guilty plea or otherwise, results 
23 in a conviction for an offense in which a domestic 
24 relationship is not a required element of the offense but 
25 in which a determination of the applicability of 18 U.S.C. 
26 922(g)(9) is made under Section 112A-11.1 of the Code of 
 
 
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1 Criminal Procedure of 1963, an entry by the court of a 
2 judgment of conviction for that offense shall be grounds 
3 for denying an application for and for revoking and 
4 seizing a Firearm Owner's Identification Card previously 
5 issued to the person under this Act;
6  (m) (Blank);
7  (n) A person who is prohibited from acquiring or 
8 possessing firearms or firearm ammunition by any Illinois 
9 State statute or by federal law;
10  (o) A minor subject to a petition filed under Section 
11 5-520 of the Juvenile Court Act of 1987 alleging that the 
12 minor is a delinquent minor for the commission of an 
13 offense that if committed by an adult would be a felony; 
14  (p) An adult who had been adjudicated a delinquent 
15 minor under the Juvenile Court Act of 1987 for the 
16 commission of an offense that if committed by an adult 
17 would be a felony;
18  (q) A person who is not a resident of the State of 
19 Illinois, except as provided in subsection (a-10) of 
20 Section 4; 
21  (r) A person who has been adjudicated as a person with 
22 a mental disability; 
23  (s) A person who has been found to have a 
24 developmental disability; 
25  (t) A person involuntarily admitted into a mental 
26 health facility; or 
 
 
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1  (u) A person who has had his or her Firearm Owner's 
2 Identification Card revoked or denied under subsection (e) 
3 of this Section or item (iv) of paragraph (2) of 
4 subsection (a) of Section 4 of this Act because the 
5 applicant he or she was a patient in a mental health 
6 facility as provided in subsection (e) of this Section, 
7 shall not be permitted to obtain a Firearm Owner's 
8 Identification Card, after the 5-year period has lapsed, 
9 unless the applicant he or she has received a mental 
10 health evaluation by a physician, clinical psychologist, 
11 or qualified examiner as those terms are defined in the 
12 Mental Health and Developmental Disabilities Code, and has 
13 received a certification that the applicant he or she is 
14 not a clear and present danger to himself, herself, or 
15 others. The physician, clinical psychologist, or qualified 
16 examiner making the certification and his or her employer 
17 shall not be held criminally, civilly, or professionally 
18 liable for making or not making the certification required 
19 under this subsection, except for willful or wanton 
20 misconduct. This subsection does not apply to a person 
21 whose firearm possession rights have been restored through 
22 administrative or judicial action under Section 10 or 11 
23 of this Act. 
24 Upon revocation of a person's Firearm Owner's 
25Identification Card, the Illinois State Police shall provide 
26notice to the person and the person shall comply with Section 
 
 
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19.5 of this Act. 
2(Source: P.A. 101-80, eff. 7-12-19; 102-538, eff. 8-20-21; 
3102-645, eff. 1-1-22; 102-813, eff. 5-13-22; 102-1030, eff. 
45-27-22; 102-1116, eff. 1-10-23.)

5 (430 ILCS 65/13.4)
6 Sec. 13.4. Illinois State Police; rule making authority.  
7 (a) The Illinois State Police shall by rule adopt the 
8following procedures:
9  (1) When a person who possesses a valid Firearm 
10 Owner's Identification Card applies for and is approved 
11 for a concealed carry license, the valid Firearm Owner's 
12 Identification Card is renewed for 10 years from the time 
13 of approval instead of 10 years from the date of the 
14 original card.
15  (2) If a person is eligible for both a Firearm Owner's 
16 Identification Card and a concealed carry license, the 
17 Illinois State Police shall by rule create one card that 
18 may be used as both a Firearm Owner's Identification Card 
19 and a concealed carry license. A combined Firearm Owner's 
20 Identification Card and concealed carry license shall be 
21 considered a valid card for the purposes of this Act. If a 
22 person who possesses a combined Firearm Owner's 
23 Identification Card and a concealed carry license becomes 
24 subject to suspension or revocation under the Firearm 
25 Concealed Carry Act, but is otherwise eligible for a valid 
 
 
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1 Firearm Owner's Identification Card, the Illinois State 
2 Police shall ensure the person's Firearm Owner's 
3 Identification Card status is not interrupted. The 
4 Illinois State Police shall adopt rules to implement this 
5 Section.
6 (b) The Illinois State Police shall adopt rules that 
7define "hands-on firearm safety training" including how the 
8training is conducted, how many hours is sufficient, who may 
9conduct the training, and what constitutes proof for the 
10purposes of a Firearm Owner's Identification Card application. 
11(Source: P.A. 102-237, eff. 1-1-22.)

12 Section 10. The Criminal Code of 2012 is amended by 
13changing Sections 24-3.1 and 24-3.5 as follows:

14 (720 ILCS 5/24-3.1) (from Ch. 38, par. 24-3.1)
15 Sec. 24-3.1. Unlawful possession of firearms and firearm 
16ammunition. 
17 (a) A person commits the offense of unlawful possession of 
18firearms or firearm ammunition when: 
19  (1) He is under 18 years of age and has in his 
20 possession any firearm of a size which may be concealed 
21 upon the person; or 
22  (2) He is under 21 years of age, has been convicted of 
23 a misdemeanor other than a traffic offense or adjudged 
24 delinquent and has any firearms or firearm ammunition in 
 
 
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1 his possession; or 
2  (3) He is a narcotic addict and has any firearms or 
3 firearm ammunition in his possession; or 
4  (4) He has been a patient in a mental institution 
5 within the past 5 years and has any firearms or firearm 
6 ammunition in his possession. For purposes of this 
7 paragraph (4):
8   "Mental institution" means any hospital, 
9 institution, clinic, evaluation facility, mental 
10 health center, or part thereof, which is used 
11 primarily for the care or treatment of persons with 
12 mental illness.
13   "Patient in a mental institution" means the person 
14 was admitted, either voluntarily or involuntarily, to 
15 a mental institution for mental health treatment, 
16 unless the treatment was voluntary and solely for an 
17 alcohol abuse disorder and no other secondary 
18 substance abuse disorder or mental illness; or 
19  (5) He is a person with an intellectual disability and 
20 has any firearms or firearm ammunition in his possession; 
21 or 
22  (6) He has in his possession any explosive bullet.
23 For purposes of this paragraph "explosive bullet" means 
24the projectile portion of an ammunition cartridge which 
25contains or carries an explosive charge which will explode 
26upon contact with the flesh of a human or an animal. 
 
 
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1"Cartridge" means a tubular metal case having a projectile 
2affixed at the front thereof and a cap or primer at the rear 
3end thereof, with the propellant contained in such tube 
4between the projectile and the cap.
5 (b) Sentence.
6 Unlawful possession of firearms, other than handguns, and 
7firearm ammunition is a Class A misdemeanor. Unlawful 
8possession of handguns is a Class 4 felony. The possession of 
9each firearm or firearm ammunition in violation of this 
10Section constitutes a single and separate violation. 
11 (c) Nothing in paragraph (1) of subsection (a) of this 
12Section prohibits a person under 18 years of age from 
13participating in any lawful recreational activity with a 
14firearm such as, but not limited to, practice shooting at 
15targets upon established public or private target ranges or 
16hunting, trapping, or fishing in accordance with the Wildlife 
17Code or the Fish and Aquatic Life Code or from participating in 
18authorized hands-on firearm safety training as defined by 
19rules adopted by the Illinois State Police.
20(Source: P.A. 99-143, eff. 7-27-15.)

21 (720 ILCS 5/24-3.5)
22 Sec. 24-3.5. Unlawful purchase of a firearm. 
23 (a) For purposes of this Section, "firearms transaction 
24record form" means a form: 
25  (1) executed by a transferee of a firearm stating: (i) 
 
 
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1 the transferee's name and address (including county or 
2 similar political subdivision); (ii) whether the 
3 transferee is a citizen of the United States; (iii) the 
4 transferee's State of residence; and (iv) the date and 
5 place of birth, height, weight, and race of the 
6 transferee; and 
7  (2) on which the transferee certifies that he or she 
8 is not prohibited by federal law from transporting or 
9 shipping a firearm in interstate or foreign commerce or 
10 receiving a firearm that has been shipped or transported 
11 in interstate or foreign commerce or possessing a firearm 
12 in or affecting commerce.
13 (b) A person commits the offense of unlawful purchase of a 
14firearm who knowingly purchases or attempts to purchase a 
15firearm with the intent to deliver that firearm to another 
16person who is prohibited by federal or State law from 
17possessing a firearm.
18 (c) A person commits the offense of unlawful purchase of a 
19firearm when he or she, in purchasing or attempting to 
20purchase a firearm, intentionally provides false or misleading 
21information on a United States Department of the Treasury, 
22Bureau of Alcohol, Tobacco and Firearms firearms transaction 
23record form.
24 (c-1) A person commits unlawful purchase of a firearm when 
25the person purchases a firearm before the completion of 
26hands-on firearm safety training as defined by rules adopted 
 
 
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1by the Illinois State Police. 
2 (d) Exemption. It is not a violation of subsection (b) of 
3this Section for a person to make a gift or loan of a firearm 
4to a person who is not prohibited by federal or State law from 
5possessing a firearm if the transfer of the firearm is made in 
6accordance with Section 3 of the Firearm Owners Identification 
7Card Act.
8 (e) Sentence. 
9  (1) A person who commits the offense of unlawful 
10 purchase of a firearm: 
11   (A) is guilty of a Class 2 felony for purchasing or 
12 attempting to purchase one firearm; 
13   (B) is guilty of a Class 1 felony for purchasing or 
14 attempting to purchase not less than 2 firearms and 
15 not more than 5 firearms at the same time or within a 
16 one year period; 
17   (C) is guilty of a Class X felony for which the 
18 offender shall be sentenced to a term of imprisonment 
19 of not less than 9 years and not more than 40 years for 
20 purchasing or attempting to purchase not less than 6 
21 firearms at the same time or within a 2 year period. 
22  (2) In addition to any other penalty that may be 
23 imposed for a violation of this Section, the court may 
24 sentence a person convicted of a violation of subsection 
25 (c) of this Section to a fine not to exceed $250,000 for 
26 each violation.
 
 
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