103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB5197
 
Introduced , by Rep. Brad Halbrook
 
SYNOPSIS AS INTRODUCED:

5 ILCS 140/7.5
430 ILCS 65/8 from Ch. 38, par. 83-8
430 ILCS 65/4.1 rep.
430 ILCS 67/40
430 ILCS 67/45
430 ILCS 67/55
720 ILCS 5/24-1 from Ch. 38, par. 24-1
720 ILCS 5/24-1.9 rep.
720 ILCS 5/24-1.10 rep.
 Repeals the provisions of Public Act 102-1116 that make amendatory changes to the Firearms Restraining Order Act that provide that a petitioner for a firearms restraining order may request a plenary firearms restraining order of up to one-year, but not less than 6 months (restores the 6 months provision). Repeals provisions that the firearms restraining order may be renewed for an additional period of up to one year. Repeals amendatory provisions of the Criminal Code of 2012 making it unlawful, beginning January 1, 2024, for any person within the State to knowingly possess an assault weapon, assault weapon attachment, .50 caliber rifle, or .50 caliber cartridge, with exemptions. Repeals provisions that make it unlawful for any person within the State to knowingly manufacture, deliver, sell, purchase, or cause to be manufactured, delivered, sold, or purchased a large capacity ammunition feeding device, with specified exemptions. Repeals amendatory provisions of the Criminal Code of 2012 that prohibit the manufacture, possession, sale, or offer to sell, purchase, manufacture, import, transfer, or use any device, part, kit, tool, accessory, or combination of parts that is designed to and functions to increase the rate of fire of a semiautomatic firearm above the standard rate of fire for semiautomatic firearms that is not equipped with that device, part, or combination of parts. Repeals amendatory provisions of the Freedom of Information Act that exempt from disclosure under the Act certain information concerning assault weapons endorsements received by the Illinois State Police. Effective immediately.


LRB103 38441 RLC 68577 b


 
 
A BILL FOR
 
HB5197LRB103 38441 RLC 68577 b


1 AN ACT concerning criminal law.

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

4 Section 5. The Freedom of Information Act is amended by 
5changing Section 7.5 as follows:

6 (5 ILCS 140/7.5)
7 (Text of Section before amendment by P.A. 103-472)
8 Sec. 7.5. Statutory exemptions. To the extent provided for 
9by the statutes referenced below, the following shall be 
10exempt from inspection and copying:
11  (a) All information determined to be confidential 
12 under Section 4002 of the Technology Advancement and 
13 Development Act.
14  (b) Library circulation and order records identifying 
15 library users with specific materials under the Library 
16 Records Confidentiality Act.
17  (c) Applications, related documents, and medical 
18 records received by the Experimental Organ Transplantation 
19 Procedures Board and any and all documents or other 
20 records prepared by the Experimental Organ Transplantation 
21 Procedures Board or its staff relating to applications it 
22 has received.
23  (d) Information and records held by the Department of 
 
 
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1 Public Health and its authorized representatives relating 
2 to known or suspected cases of sexually transmissible 
3 disease or any information the disclosure of which is 
4 restricted under the Illinois Sexually Transmissible 
5 Disease Control Act.
6  (e) Information the disclosure of which is exempted 
7 under Section 30 of the Radon Industry Licensing Act.
8  (f) Firm performance evaluations under Section 55 of 
9 the Architectural, Engineering, and Land Surveying 
10 Qualifications Based Selection Act.
11  (g) Information the disclosure of which is restricted 
12 and exempted under Section 50 of the Illinois Prepaid 
13 Tuition Act.
14  (h) Information the disclosure of which is exempted 
15 under the State Officials and Employees Ethics Act, and 
16 records of any lawfully created State or local inspector 
17 general's office that would be exempt if created or 
18 obtained by an Executive Inspector General's office under 
19 that Act.
20  (i) Information contained in a local emergency energy 
21 plan submitted to a municipality in accordance with a 
22 local emergency energy plan ordinance that is adopted 
23 under Section 11-21.5-5 of the Illinois Municipal Code.
24  (j) Information and data concerning the distribution 
25 of surcharge moneys collected and remitted by carriers 
26 under the Emergency Telephone System Act.
 
 
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1  (k) Law enforcement officer identification information 
2 or driver identification information compiled by a law 
3 enforcement agency or the Department of Transportation 
4 under Section 11-212 of the Illinois Vehicle Code.
5  (l) Records and information provided to a residential 
6 health care facility resident sexual assault and death 
7 review team or the Executive Council under the Abuse 
8 Prevention Review Team Act.
9  (m) Information provided to the predatory lending 
10 database created pursuant to Article 3 of the Residential 
11 Real Property Disclosure Act, except to the extent 
12 authorized under that Article.
13  (n) Defense budgets and petitions for certification of 
14 compensation and expenses for court appointed trial 
15 counsel as provided under Sections 10 and 15 of the 
16 Capital Crimes Litigation Act (repealed). This subsection 
17 (n) shall apply until the conclusion of the trial of the 
18 case, even if the prosecution chooses not to pursue the 
19 death penalty prior to trial or sentencing.
20  (o) Information that is prohibited from being 
21 disclosed under Section 4 of the Illinois Health and 
22 Hazardous Substances Registry Act.
23  (p) Security portions of system safety program plans, 
24 investigation reports, surveys, schedules, lists, data, or 
25 information compiled, collected, or prepared by or for the 
26 Department of Transportation under Sections 2705-300 and 
 
 
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1 2705-616 of the Department of Transportation Law of the 
2 Civil Administrative Code of Illinois, the Regional 
3 Transportation Authority under Section 2.11 of the 
4 Regional Transportation Authority Act, or the St. Clair 
5 County Transit District under the Bi-State Transit Safety 
6 Act (repealed). 
7  (q) Information prohibited from being disclosed by the 
8 Personnel Record Review Act. 
9  (r) Information prohibited from being disclosed by the 
10 Illinois School Student Records Act. 
11  (s) Information the disclosure of which is restricted 
12 under Section 5-108 of the Public Utilities Act. 
13  (t) (Blank). 
14  (u) Records and information provided to an independent 
15 team of experts under the Developmental Disability and 
16 Mental Health Safety Act (also known as Brian's Law). 
17  (v) Names and information of people who have applied 
18 for or received Firearm Owner's Identification Cards under 
19 the Firearm Owners Identification Card Act or applied for 
20 or received a concealed carry license under the Firearm 
21 Concealed Carry Act, unless otherwise authorized by the 
22 Firearm Concealed Carry Act; and databases under the 
23 Firearm Concealed Carry Act, records of the Concealed 
24 Carry Licensing Review Board under the Firearm Concealed 
25 Carry Act, and law enforcement agency objections under the 
26 Firearm Concealed Carry Act. 
 
 
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1  (v-5) Records of the Firearm Owner's Identification 
2 Card Review Board that are exempted from disclosure under 
3 Section 10 of the Firearm Owners Identification Card Act.
4  (w) Personally identifiable information which is 
5 exempted from disclosure under subsection (g) of Section 
6 19.1 of the Toll Highway Act.
7  (x) Information which is exempted from disclosure 
8 under Section 5-1014.3 of the Counties Code or Section 
9 8-11-21 of the Illinois Municipal Code. 
10  (y) Confidential information under the Adult 
11 Protective Services Act and its predecessor enabling 
12 statute, the Elder Abuse and Neglect Act, including 
13 information about the identity and administrative finding 
14 against any caregiver of a verified and substantiated 
15 decision of abuse, neglect, or financial exploitation of 
16 an eligible adult maintained in the Registry established 
17 under Section 7.5 of the Adult Protective Services Act. 
18  (z) Records and information provided to a fatality 
19 review team or the Illinois Fatality Review Team Advisory 
20 Council under Section 15 of the Adult Protective Services 
21 Act. 
22  (aa) Information which is exempted from disclosure 
23 under Section 2.37 of the Wildlife Code. 
24  (bb) Information which is or was prohibited from 
25 disclosure by the Juvenile Court Act of 1987. 
26  (cc) Recordings made under the Law Enforcement 
 
 
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1 Officer-Worn Body Camera Act, except to the extent 
2 authorized under that Act.
3  (dd) Information that is prohibited from being 
4 disclosed under Section 45 of the Condominium and Common 
5 Interest Community Ombudsperson Act. 
6  (ee) Information that is exempted from disclosure 
7 under Section 30.1 of the Pharmacy Practice Act. 
8  (ff) Information that is exempted from disclosure 
9 under the Revised Uniform Unclaimed Property Act. 
10  (gg) Information that is prohibited from being 
11 disclosed under Section 7-603.5 of the Illinois Vehicle 
12 Code. 
13  (hh) Records that are exempt from disclosure under 
14 Section 1A-16.7 of the Election Code. 
15  (ii) Information which is exempted from disclosure 
16 under Section 2505-800 of the Department of Revenue Law of 
17 the Civil Administrative Code of Illinois. 
18  (jj) Information and reports that are required to be 
19 submitted to the Department of Labor by registering day 
20 and temporary labor service agencies but are exempt from 
21 disclosure under subsection (a-1) of Section 45 of the Day 
22 and Temporary Labor Services Act. 
23  (kk) Information prohibited from disclosure under the 
24 Seizure and Forfeiture Reporting Act. 
25  (ll) Information the disclosure of which is restricted 
26 and exempted under Section 5-30.8 of the Illinois Public 
 
 
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1 Aid Code. 
2  (mm) Records that are exempt from disclosure under 
3 Section 4.2 of the Crime Victims Compensation Act. 
4  (nn) Information that is exempt from disclosure under 
5 Section 70 of the Higher Education Student Assistance Act. 
6  (oo) Communications, notes, records, and reports 
7 arising out of a peer support counseling session 
8 prohibited from disclosure under the First Responders 
9 Suicide Prevention Act. 
10  (pp) Names and all identifying information relating to 
11 an employee of an emergency services provider or law 
12 enforcement agency under the First Responders Suicide 
13 Prevention Act. 
14  (qq) Information and records held by the Department of 
15 Public Health and its authorized representatives collected 
16 under the Reproductive Health Act. 
17  (rr) Information that is exempt from disclosure under 
18 the Cannabis Regulation and Tax Act. 
19  (ss) Data reported by an employer to the Department of 
20 Human Rights pursuant to Section 2-108 of the Illinois 
21 Human Rights Act.
22  (tt) Recordings made under the Children's Advocacy 
23 Center Act, except to the extent authorized under that 
24 Act. 
25  (uu) Information that is exempt from disclosure under 
26 Section 50 of the Sexual Assault Evidence Submission Act. 
 
 
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1  (vv) Information that is exempt from disclosure under 
2 subsections (f) and (j) of Section 5-36 of the Illinois 
3 Public Aid Code. 
4  (ww) Information that is exempt from disclosure under 
5 Section 16.8 of the State Treasurer Act. 
6  (xx) Information that is exempt from disclosure or 
7 information that shall not be made public under the 
8 Illinois Insurance Code. 
9  (yy) Information prohibited from being disclosed under 
10 the Illinois Educational Labor Relations Act.
11  (zz) Information prohibited from being disclosed under 
12 the Illinois Public Labor Relations Act. 
13  (aaa) Information prohibited from being disclosed 
14 under Section 1-167 of the Illinois Pension Code. 
15  (bbb) Information that is prohibited from disclosure 
16 by the Illinois Police Training Act and the Illinois State 
17 Police Act. 
18  (ccc) Records exempt from disclosure under Section 
19 2605-304 of the Illinois State Police Law of the Civil 
20 Administrative Code of Illinois. 
21  (ddd) Information prohibited from being disclosed 
22 under Section 35 of the Address Confidentiality for 
23 Victims of Domestic Violence, Sexual Assault, Human 
24 Trafficking, or Stalking Act. 
25  (eee) Information prohibited from being disclosed 
26 under subsection (b) of Section 75 of the Domestic 
 
 
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1 Violence Fatality Review Act. 
2  (fff) Images from cameras under the Expressway Camera 
3 Act. This subsection (fff) is inoperative on and after 
4 July 1, 2025. 
5  (ggg) Information prohibited from disclosure under 
6 paragraph (3) of subsection (a) of Section 14 of the Nurse 
7 Agency Licensing Act. 
8  (hhh) (Blank). Information submitted to the Illinois 
9 State Police in an affidavit or application for an assault 
10 weapon endorsement, assault weapon attachment endorsement, 
11 .50 caliber rifle endorsement, or .50 caliber cartridge 
12 endorsement under the Firearm Owners Identification Card 
13 Act. 
14  (iii) Data exempt from disclosure under Section 50 of 
15 the School Safety Drill Act. 
16  (jjj) (hhh) Information exempt from disclosure under 
17 Section 30 of the Insurance Data Security Law. 
18  (kkk) (iii) Confidential business information 
19 prohibited from disclosure under Section 45 of the Paint 
20 Stewardship Act. 
21  (lll) (Reserved). 
22  (mmm) (iii) Information prohibited from being 
23 disclosed under subsection (e) of Section 1-129 of the 
24 Illinois Power Agency Act. 
25(Source: P.A. 102-36, eff. 6-25-21; 102-237, eff. 1-1-22; 
26102-292, eff. 1-1-22; 102-520, eff. 8-20-21; 102-559, eff. 
 
 
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18-20-21; 102-813, eff. 5-13-22; 102-946, eff. 7-1-22; 
2102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; 103-8, eff. 
36-7-23; 103-34, eff. 6-9-23; 103-142, eff. 1-1-24; 103-372, 
4eff. 1-1-24; 103-508, eff. 8-4-23; 103-580, eff. 12-8-23; 
5revised 1-2-24.)

6 (Text of Section after amendment by P.A. 103-472)
7 Sec. 7.5. Statutory exemptions. To the extent provided for 
8by the statutes referenced below, the following shall be 
9exempt from inspection and copying:
10  (a) All information determined to be confidential 
11 under Section 4002 of the Technology Advancement and 
12 Development Act.
13  (b) Library circulation and order records identifying 
14 library users with specific materials under the Library 
15 Records Confidentiality Act.
16  (c) Applications, related documents, and medical 
17 records received by the Experimental Organ Transplantation 
18 Procedures Board and any and all documents or other 
19 records prepared by the Experimental Organ Transplantation 
20 Procedures Board or its staff relating to applications it 
21 has received.
22  (d) Information and records held by the Department of 
23 Public Health and its authorized representatives relating 
24 to known or suspected cases of sexually transmissible 
25 disease or any information the disclosure of which is 
 
 
HB5197- 11 -LRB103 38441 RLC 68577 b


1 restricted under the Illinois Sexually Transmissible 
2 Disease Control Act.
3  (e) Information the disclosure of which is exempted 
4 under Section 30 of the Radon Industry Licensing Act.
5  (f) Firm performance evaluations under Section 55 of 
6 the Architectural, Engineering, and Land Surveying 
7 Qualifications Based Selection Act.
8  (g) Information the disclosure of which is restricted 
9 and exempted under Section 50 of the Illinois Prepaid 
10 Tuition Act.
11  (h) Information the disclosure of which is exempted 
12 under the State Officials and Employees Ethics Act, and 
13 records of any lawfully created State or local inspector 
14 general's office that would be exempt if created or 
15 obtained by an Executive Inspector General's office under 
16 that Act.
17  (i) Information contained in a local emergency energy 
18 plan submitted to a municipality in accordance with a 
19 local emergency energy plan ordinance that is adopted 
20 under Section 11-21.5-5 of the Illinois Municipal Code.
21  (j) Information and data concerning the distribution 
22 of surcharge moneys collected and remitted by carriers 
23 under the Emergency Telephone System Act.
24  (k) Law enforcement officer identification information 
25 or driver identification information compiled by a law 
26 enforcement agency or the Department of Transportation 
 
 
HB5197- 12 -LRB103 38441 RLC 68577 b


1 under Section 11-212 of the Illinois Vehicle Code.
2  (l) Records and information provided to a residential 
3 health care facility resident sexual assault and death 
4 review team or the Executive Council under the Abuse 
5 Prevention Review Team Act.
6  (m) Information provided to the predatory lending 
7 database created pursuant to Article 3 of the Residential 
8 Real Property Disclosure Act, except to the extent 
9 authorized under that Article.
10  (n) Defense budgets and petitions for certification of 
11 compensation and expenses for court appointed trial 
12 counsel as provided under Sections 10 and 15 of the 
13 Capital Crimes Litigation Act (repealed). This subsection 
14 (n) shall apply until the conclusion of the trial of the 
15 case, even if the prosecution chooses not to pursue the 
16 death penalty prior to trial or sentencing.
17  (o) Information that is prohibited from being 
18 disclosed under Section 4 of the Illinois Health and 
19 Hazardous Substances Registry Act.
20  (p) Security portions of system safety program plans, 
21 investigation reports, surveys, schedules, lists, data, or 
22 information compiled, collected, or prepared by or for the 
23 Department of Transportation under Sections 2705-300 and 
24 2705-616 of the Department of Transportation Law of the 
25 Civil Administrative Code of Illinois, the Regional 
26 Transportation Authority under Section 2.11 of the 
 
 
HB5197- 13 -LRB103 38441 RLC 68577 b


1 Regional Transportation Authority Act, or the St. Clair 
2 County Transit District under the Bi-State Transit Safety 
3 Act (repealed). 
4  (q) Information prohibited from being disclosed by the 
5 Personnel Record Review Act. 
6  (r) Information prohibited from being disclosed by the 
7 Illinois School Student Records Act. 
8  (s) Information the disclosure of which is restricted 
9 under Section 5-108 of the Public Utilities Act. 
10  (t) (Blank). 
11  (u) Records and information provided to an independent 
12 team of experts under the Developmental Disability and 
13 Mental Health Safety Act (also known as Brian's Law). 
14  (v) Names and information of people who have applied 
15 for or received Firearm Owner's Identification Cards under 
16 the Firearm Owners Identification Card Act or applied for 
17 or received a concealed carry license under the Firearm 
18 Concealed Carry Act, unless otherwise authorized by the 
19 Firearm Concealed Carry Act; and databases under the 
20 Firearm Concealed Carry Act, records of the Concealed 
21 Carry Licensing Review Board under the Firearm Concealed 
22 Carry Act, and law enforcement agency objections under the 
23 Firearm Concealed Carry Act. 
24  (v-5) Records of the Firearm Owner's Identification 
25 Card Review Board that are exempted from disclosure under 
26 Section 10 of the Firearm Owners Identification Card Act.
 
 
HB5197- 14 -LRB103 38441 RLC 68577 b


1  (w) Personally identifiable information which is 
2 exempted from disclosure under subsection (g) of Section 
3 19.1 of the Toll Highway Act.
4  (x) Information which is exempted from disclosure 
5 under Section 5-1014.3 of the Counties Code or Section 
6 8-11-21 of the Illinois Municipal Code. 
7  (y) Confidential information under the Adult 
8 Protective Services Act and its predecessor enabling 
9 statute, the Elder Abuse and Neglect Act, including 
10 information about the identity and administrative finding 
11 against any caregiver of a verified and substantiated 
12 decision of abuse, neglect, or financial exploitation of 
13 an eligible adult maintained in the Registry established 
14 under Section 7.5 of the Adult Protective Services Act. 
15  (z) Records and information provided to a fatality 
16 review team or the Illinois Fatality Review Team Advisory 
17 Council under Section 15 of the Adult Protective Services 
18 Act. 
19  (aa) Information which is exempted from disclosure 
20 under Section 2.37 of the Wildlife Code. 
21  (bb) Information which is or was prohibited from 
22 disclosure by the Juvenile Court Act of 1987. 
23  (cc) Recordings made under the Law Enforcement 
24 Officer-Worn Body Camera Act, except to the extent 
25 authorized under that Act.
26  (dd) Information that is prohibited from being 
 
 
HB5197- 15 -LRB103 38441 RLC 68577 b


1 disclosed under Section 45 of the Condominium and Common 
2 Interest Community Ombudsperson Act. 
3  (ee) Information that is exempted from disclosure 
4 under Section 30.1 of the Pharmacy Practice Act. 
5  (ff) Information that is exempted from disclosure 
6 under the Revised Uniform Unclaimed Property Act. 
7  (gg) Information that is prohibited from being 
8 disclosed under Section 7-603.5 of the Illinois Vehicle 
9 Code. 
10  (hh) Records that are exempt from disclosure under 
11 Section 1A-16.7 of the Election Code. 
12  (ii) Information which is exempted from disclosure 
13 under Section 2505-800 of the Department of Revenue Law of 
14 the Civil Administrative Code of Illinois. 
15  (jj) Information and reports that are required to be 
16 submitted to the Department of Labor by registering day 
17 and temporary labor service agencies but are exempt from 
18 disclosure under subsection (a-1) of Section 45 of the Day 
19 and Temporary Labor Services Act. 
20  (kk) Information prohibited from disclosure under the 
21 Seizure and Forfeiture Reporting Act. 
22  (ll) Information the disclosure of which is restricted 
23 and exempted under Section 5-30.8 of the Illinois Public 
24 Aid Code. 
25  (mm) Records that are exempt from disclosure under 
26 Section 4.2 of the Crime Victims Compensation Act. 
 
 
HB5197- 16 -LRB103 38441 RLC 68577 b


1  (nn) Information that is exempt from disclosure under 
2 Section 70 of the Higher Education Student Assistance Act. 
3  (oo) Communications, notes, records, and reports 
4 arising out of a peer support counseling session 
5 prohibited from disclosure under the First Responders 
6 Suicide Prevention Act. 
7  (pp) Names and all identifying information relating to 
8 an employee of an emergency services provider or law 
9 enforcement agency under the First Responders Suicide 
10 Prevention Act. 
11  (qq) Information and records held by the Department of 
12 Public Health and its authorized representatives collected 
13 under the Reproductive Health Act. 
14  (rr) Information that is exempt from disclosure under 
15 the Cannabis Regulation and Tax Act. 
16  (ss) Data reported by an employer to the Department of 
17 Human Rights pursuant to Section 2-108 of the Illinois 
18 Human Rights Act.
19  (tt) Recordings made under the Children's Advocacy 
20 Center Act, except to the extent authorized under that 
21 Act. 
22  (uu) Information that is exempt from disclosure under 
23 Section 50 of the Sexual Assault Evidence Submission Act. 
24  (vv) Information that is exempt from disclosure under 
25 subsections (f) and (j) of Section 5-36 of the Illinois 
26 Public Aid Code. 
 
 
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1  (ww) Information that is exempt from disclosure under 
2 Section 16.8 of the State Treasurer Act. 
3  (xx) Information that is exempt from disclosure or 
4 information that shall not be made public under the 
5 Illinois Insurance Code. 
6  (yy) Information prohibited from being disclosed under 
7 the Illinois Educational Labor Relations Act.
8  (zz) Information prohibited from being disclosed under 
9 the Illinois Public Labor Relations Act. 
10  (aaa) Information prohibited from being disclosed 
11 under Section 1-167 of the Illinois Pension Code. 
12  (bbb) Information that is prohibited from disclosure 
13 by the Illinois Police Training Act and the Illinois State 
14 Police Act. 
15  (ccc) Records exempt from disclosure under Section 
16 2605-304 of the Illinois State Police Law of the Civil 
17 Administrative Code of Illinois. 
18  (ddd) Information prohibited from being disclosed 
19 under Section 35 of the Address Confidentiality for 
20 Victims of Domestic Violence, Sexual Assault, Human 
21 Trafficking, or Stalking Act. 
22  (eee) Information prohibited from being disclosed 
23 under subsection (b) of Section 75 of the Domestic 
24 Violence Fatality Review Act. 
25  (fff) Images from cameras under the Expressway Camera 
26 Act. This subsection (fff) is inoperative on and after 
 
 
HB5197- 18 -LRB103 38441 RLC 68577 b


1 July 1, 2025. 
2  (ggg) Information prohibited from disclosure under 
3 paragraph (3) of subsection (a) of Section 14 of the Nurse 
4 Agency Licensing Act. 
5  (hhh) (Blank). Information submitted to the Illinois 
6 State Police in an affidavit or application for an assault 
7 weapon endorsement, assault weapon attachment endorsement, 
8 .50 caliber rifle endorsement, or .50 caliber cartridge 
9 endorsement under the Firearm Owners Identification Card 
10 Act.
11  (iii) Data exempt from disclosure under Section 50 of 
12 the School Safety Drill Act. 
13  (jjj) (hhh) Information exempt from disclosure under 
14 Section 30 of the Insurance Data Security Law. 
15  (kkk) (iii) Confidential business information 
16 prohibited from disclosure under Section 45 of the Paint 
17 Stewardship Act. 
18  (lll) (iii) Data exempt from disclosure under Section 
19 2-3.196 of the School Code. 
20  (mmm) (iii) Information prohibited from being 
21 disclosed under subsection (e) of Section 1-129 of the 
22 Illinois Power Agency Act. 
23(Source: P.A. 102-36, eff. 6-25-21; 102-237, eff. 1-1-22; 
24102-292, eff. 1-1-22; 102-520, eff. 8-20-21; 102-559, eff. 
258-20-21; 102-813, eff. 5-13-22; 102-946, eff. 7-1-22; 
26102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; 103-8, eff. 
 
 
HB5197- 19 -LRB103 38441 RLC 68577 b


16-7-23; 103-34, eff. 6-9-23; 103-142, eff. 1-1-24; 103-372, 
2eff. 1-1-24; 103-472, eff. 8-1-24; 103-508, eff. 8-4-23; 
3103-580, eff. 12-8-23; revised 1-2-24.)

4 Section 10. The Firearm Owners Identification Card Act is 
5amended by changing Section 8 as follows:

6 (430 ILCS 65/8) (from Ch. 38, par. 83-8)
7 Sec. 8. Grounds for denial and revocation. The Illinois 
8State Police has authority to deny an application for or to 
9revoke and seize a Firearm Owner's Identification Card 
10previously issued under this Act only if the Illinois State 
11Police finds that the applicant or the person to whom such card 
12was issued is or was at the time of issuance:
13  (a) A person under 21 years of age who has been 
14 convicted of a misdemeanor other than a traffic offense or 
15 adjudged delinquent;
16  (b) This subsection (b) applies through the 180th day 
17 following July 12, 2019 (the effective date of Public Act 
18 101-80). A person under 21 years of age who does not have 
19 the written consent of his parent or guardian to acquire 
20 and possess firearms and firearm ammunition, or whose 
21 parent or guardian has revoked such written consent, or 
22 where such parent or guardian does not qualify to have a 
23 Firearm Owner's Identification Card;
24  (b-5) This subsection (b-5) applies on and after the 
 
 
HB5197- 20 -LRB103 38441 RLC 68577 b


1 181st day following July 12, 2019 (the effective date of 
2 Public Act 101-80). A person under 21 years of age who is 
3 not an active duty member of the United States Armed 
4 Forces or the Illinois National Guard and does not have 
5 the written consent of his or her parent or guardian to 
6 acquire and possess firearms and firearm ammunition, or 
7 whose parent or guardian has revoked such written consent, 
8 or where such parent or guardian does not qualify to have a 
9 Firearm Owner's Identification Card; 
10  (c) A person convicted of a felony under the laws of 
11 this or any other jurisdiction;
12  (d) A person addicted to narcotics;
13  (e) A person who has been a patient of a mental health 
14 facility within the past 5 years or a person who has been a 
15 patient in a mental health facility more than 5 years ago 
16 who has not received the certification required under 
17 subsection (u) of this Section. An active law enforcement 
18 officer employed by a unit of government or a Department 
19 of Corrections employee authorized to possess firearms who 
20 is denied, revoked, or has his or her Firearm Owner's 
21 Identification Card seized under this subsection (e) may 
22 obtain relief as described in subsection (c-5) of Section 
23 10 of this Act if the officer or employee did not act in a 
24 manner threatening to the officer or employee, another 
25 person, or the public as determined by the treating 
26 clinical psychologist or physician, and the officer or 
 
 
HB5197- 21 -LRB103 38441 RLC 68577 b


1 employee seeks mental health treatment;
2  (f) A person whose mental condition is of such a 
3 nature that it poses a clear and present danger to the 
4 applicant, any other person or persons, or the community;
5  (g) A person who has an intellectual disability;
6  (h) A person who intentionally makes a false statement 
7 in the Firearm Owner's Identification Card application or 
8 endorsement affidavit;
9  (i) A noncitizen who is unlawfully present in the 
10 United States under the laws of the United States;
11  (i-5) A noncitizen who has been admitted to the United 
12 States under a non-immigrant visa (as that term is defined 
13 in Section 101(a)(26) of the Immigration and Nationality 
14 Act (8 U.S.C. 1101(a)(26))), except that this subsection 
15 (i-5) does not apply to any noncitizen who has been 
16 lawfully admitted to the United States under a 
17 non-immigrant visa if that noncitizen is:
18   (1) admitted to the United States for lawful 
19 hunting or sporting purposes;
20   (2) an official representative of a foreign 
21 government who is:
22    (A) accredited to the United States Government 
23 or the Government's mission to an international 
24 organization having its headquarters in the United 
25 States; or
26    (B) en route to or from another country to 
 
 
HB5197- 22 -LRB103 38441 RLC 68577 b


1 which that noncitizen is accredited;
2   (3) an official of a foreign government or 
3 distinguished foreign visitor who has been so 
4 designated by the Department of State;
5   (4) a foreign law enforcement officer of a 
6 friendly foreign government entering the United States 
7 on official business; or
8   (5) one who has received a waiver from the 
9 Attorney General of the United States pursuant to 18 
10 U.S.C. 922(y)(3);
11  (j) (Blank);
12  (k) A person who has been convicted within the past 5 
13 years of battery, assault, aggravated assault, violation 
14 of an order of protection, or a substantially similar 
15 offense in another jurisdiction, in which a firearm was 
16 used or possessed;
17  (l) A person who has been convicted of domestic 
18 battery, aggravated domestic battery, or a substantially 
19 similar offense in another jurisdiction committed before, 
20 on or after January 1, 2012 (the effective date of Public 
21 Act 97-158). If the applicant or person who has been 
22 previously issued a Firearm Owner's Identification Card 
23 under this Act knowingly and intelligently waives the 
24 right to have an offense described in this paragraph (l) 
25 tried by a jury, and by guilty plea or otherwise, results 
26 in a conviction for an offense in which a domestic 
 
 
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1 relationship is not a required element of the offense but 
2 in which a determination of the applicability of 18 U.S.C. 
3 922(g)(9) is made under Section 112A-11.1 of the Code of 
4 Criminal Procedure of 1963, an entry by the court of a 
5 judgment of conviction for that offense shall be grounds 
6 for denying an application for and for revoking and 
7 seizing a Firearm Owner's Identification Card previously 
8 issued to the person under this Act;
9  (m) (Blank);
10  (n) A person who is prohibited from acquiring or 
11 possessing firearms or firearm ammunition by any Illinois 
12 State statute or by federal law;
13  (o) A minor subject to a petition filed under Section 
14 5-520 of the Juvenile Court Act of 1987 alleging that the 
15 minor is a delinquent minor for the commission of an 
16 offense that if committed by an adult would be a felony; 
17  (p) An adult who had been adjudicated a delinquent 
18 minor under the Juvenile Court Act of 1987 for the 
19 commission of an offense that if committed by an adult 
20 would be a felony;
21  (q) A person who is not a resident of the State of 
22 Illinois, except as provided in subsection (a-10) of 
23 Section 4; 
24  (r) A person who has been adjudicated as a person with 
25 a mental disability; 
26  (s) A person who has been found to have a 
 
 
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1 developmental disability; 
2  (t) A person involuntarily admitted into a mental 
3 health facility; or 
4  (u) A person who has had his or her Firearm Owner's 
5 Identification Card revoked or denied under subsection (e) 
6 of this Section or item (iv) of paragraph (2) of 
7 subsection (a) of Section 4 of this Act because he or she 
8 was a patient in a mental health facility as provided in 
9 subsection (e) of this Section, shall not be permitted to 
10 obtain a Firearm Owner's Identification Card, after the 
11 5-year period has lapsed, unless he or she has received a 
12 mental health evaluation by a physician, clinical 
13 psychologist, or qualified examiner as those terms are 
14 defined in the Mental Health and Developmental 
15 Disabilities Code, and has received a certification that 
16 he or she is not a clear and present danger to himself, 
17 herself, or others. The physician, clinical psychologist, 
18 or qualified examiner making the certification and his or 
19 her employer shall not be held criminally, civilly, or 
20 professionally liable for making or not making the 
21 certification required under this subsection, except for 
22 willful or wanton misconduct. This subsection does not 
23 apply to a person whose firearm possession rights have 
24 been restored through administrative or judicial action 
25 under Section 10 or 11 of this Act. 
26 Upon revocation of a person's Firearm Owner's 
 
 
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1Identification Card, the Illinois State Police shall provide 
2notice to the person and the person shall comply with Section 
39.5 of this Act. 
4(Source: P.A. 101-80, eff. 7-12-19; 102-538, eff. 8-20-21; 
5102-645, eff. 1-1-22; 102-813, eff. 5-13-22; 102-1030, eff. 
65-27-22; 102-1116, eff. 1-10-23.)

7 (430 ILCS 65/4.1 rep.)
8 Section 15. The Firearm Owners Identification Card Act is 
9amended by repealing Section 4.1.

10 Section 20. The Firearms Restraining Order Act is amended 
11by changing Sections 40, 45, and 55 as follows:

12 (430 ILCS 67/40)
13 Sec. 40. Plenary Six-month orders. 
14 (a) A petitioner may request a 6-month firearms 
15restraining order for up to one year by filing an affidavit or 
16verified pleading alleging that the respondent poses a 
17significant danger of causing personal injury to himself, 
18herself, or another in the near future by having in his or her 
19custody or control, purchasing, possessing, or receiving a 
20firearm, ammunition, and firearm parts that could be assembled 
21to make an operable firearm. The petition shall also describe 
22the number, types, and locations of any firearms, ammunition, 
23and firearm parts that could be assembled to make an operable 
 
 
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1firearm presently believed by the petitioner to be possessed 
2or controlled by the respondent. The firearms restraining 
3order may be renewed for an additional period of up to one year 
4in accordance with Section 45 of this Act. 
5 (b) If the respondent is alleged to pose a significant 
6danger of causing personal injury to an intimate partner, or 
7an intimate partner is alleged to have been the target of a 
8threat or act of violence by the respondent, the petitioner 
9shall make a good faith effort to provide notice to any and all 
10intimate partners of the respondent. The notice must include 
11the duration of time that the petitioner intends to petition 
12the court for a 6-month firearms restraining order, and, if 
13the petitioner is a law enforcement officer, referral to 
14relevant domestic violence or stalking advocacy or counseling 
15resources, if appropriate. The petitioner shall attest to 
16having provided the notice in the filed affidavit or verified 
17pleading. If, after making a good faith effort, the petitioner 
18is unable to provide notice to any or all intimate partners, 
19the affidavit or verified pleading should describe what 
20efforts were made.
21 (c) Every person who files a petition for a plenary 
226-month firearms restraining order, knowing the information 
23provided to the court at any hearing or in the affidavit or 
24verified pleading to be false, is guilty of perjury under 
25Section 32-2 of the Criminal Code of 2012. 
26 (d) Upon receipt of a petition for a plenary 6-month 
 
 
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1firearms restraining order, the court shall order a hearing 
2within 30 days. 
3 (e) In determining whether to issue a firearms restraining 
4order under this Section, the court shall consider evidence 
5including, but not limited to, the following: 
6  (1) The unlawful and reckless use, display, or 
7 brandishing of a firearm, ammunition, and firearm parts 
8 that could be assembled to make an operable firearm by the 
9 respondent. 
10  (2) The history of use, attempted use, or threatened 
11 use of physical force by the respondent against another 
12 person. 
13  (3) Any prior arrest of the respondent for a felony 
14 offense.
15  (4) Evidence of the abuse of controlled substances or 
16 alcohol by the respondent.
17  (5) A recent threat of violence or act of violence by 
18 the respondent directed toward himself, herself, or 
19 another.
20  (6) A violation of an emergency order of protection 
21 issued under Section 217 of the Illinois Domestic Violence 
22 Act of 1986 or Section 112A-17 of the Code of Criminal 
23 Procedure of 1963 or of an order of protection issued 
24 under Section 214 of the Illinois Domestic Violence Act of 
25 1986 or Section 112A-14 of the Code of Criminal Procedure 
26 of 1963. 
 
 
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1  (7) A pattern of violent acts or violent threats, 
2 including, but not limited to, threats of violence or acts 
3 of violence by the respondent directed toward himself, 
4 herself, or another.
5 (f) At the hearing, the petitioner shall have the burden 
6of proving, by clear and convincing evidence, that the 
7respondent poses a significant danger of personal injury to 
8himself, herself, or another by having in his or her custody or 
9control, purchasing, possessing, or receiving a firearm, 
10ammunition, and firearm parts that could be assembled to make 
11an operable firearm.
12 (g) If the court finds that there is clear and convincing 
13evidence to issue a plenary firearms restraining order, the 
14court shall issue a firearms restraining order that shall be 
15in effect for up to one year, but not less than 6 months, 6 
16months subject to renewal under Section 45 of this Act or 
17termination under that Section. 
18 (g-5) If the court issues a plenary 6-month firearms 
19restraining order, it shall, upon a finding of probable cause 
20that the respondent possesses firearms, ammunition, and 
21firearm parts that could be assembled to make an operable 
22firearm, issue a search warrant directing a law enforcement 
23agency to seize the respondent's firearms, ammunition, and 
24firearm parts that could be assembled to make an operable 
25firearm. The court may, as part of that warrant, direct the law 
26enforcement agency to search the respondent's residence and 
 
 
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1other places where the court finds there is probable cause to 
2believe he or she is likely to possess the firearms, 
3ammunition, and firearm parts that could be assembled to make 
4an operable firearm. A return of the search warrant shall be 
5filed by the law enforcement agency within 4 days thereafter, 
6setting forth the time, date, and location that the search 
7warrant was executed and what items, if any, were seized. 
8 (h) A plenary 6-month firearms restraining order shall 
9require:
10  (1) the respondent to refrain from having in his or 
11 her custody or control, purchasing, possessing, or 
12 receiving additional firearms, ammunition, and firearm 
13 parts that could be assembled to make an operable firearm 
14 for the duration of the order under Section 8.2 of the 
15 Firearm Owners Identification Card Act; and
16  (2) the respondent to comply with Section 9.5 of the 
17 Firearm Owners Identification Card Act and subsection (g) 
18 of Section 70 of the Firearm Concealed Carry Act.
19 (i) Except as otherwise provided in subsection (i-5) of 
20this Section, upon expiration of the period of safekeeping, if 
21the firearms, ammunition, and firearm parts that could be 
22assembled to make an operable firearm or Firearm Owner's 
23Identification Card cannot be returned to the respondent 
24because the respondent cannot be located, fails to respond to 
25requests to retrieve the firearms, ammunition, and firearm 
26parts that could be assembled to make an operable firearm, or 
 
 
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1is not lawfully eligible to possess a firearm, ammunition, and 
2firearm parts that could be assembled to make an operable 
3firearm, upon petition from the local law enforcement agency, 
4the court may order the local law enforcement agency to 
5destroy the firearms, ammunition, and firearm parts that could 
6be assembled to make an operable firearm, use the firearms, 
7ammunition, and firearm parts that could be assembled to make 
8an operable firearm for training purposes, or use the 
9firearms, ammunition, and firearm parts that could be 
10assembled to make an operable firearm for any other 
11application as deemed appropriate by the local law enforcement 
12agency.
13 (i-5) A respondent whose Firearm Owner's Identification 
14Card has been revoked or suspended may petition the court, if 
15the petitioner is present in court or has notice of the 
16respondent's petition, to transfer the respondent's firearm, 
17ammunition, and firearm parts that could be assembled to make 
18an operable firearm to a person who is lawfully able to possess 
19the firearm, ammunition, and firearm parts that could be 
20assembled to make an operable firearm if the person does not 
21reside at the same address as the respondent. Notice of the 
22petition shall be served upon the person protected by the 
23emergency firearms restraining order. While the order is in 
24effect, the transferee who receives the respondent's firearms, 
25ammunition, and firearm parts that could be assembled to make 
26an operable firearm must swear or affirm by affidavit that he 
 
 
HB5197- 31 -LRB103 38441 RLC 68577 b


1or she shall not transfer the firearm, ammunition, and firearm 
2parts that could be assembled to make an operable firearm to 
3the respondent or to anyone residing in the same residence as 
4the respondent.
5 (i-6) If a person other than the respondent claims title 
6to any firearms, ammunition, and firearm parts that could be 
7assembled to make an operable firearm surrendered under this 
8Section, he or she may petition the court, if the petitioner is 
9present in court or has notice of the petition, to have the 
10firearm, ammunition, and firearm parts that could be assembled 
11to make an operable firearm returned to him or her. If the 
12court determines that person to be the lawful owner of the 
13firearm, ammunition, and firearm parts that could be assembled 
14to make an operable firearm, the firearm, ammunition, and 
15firearm parts that could be assembled to make an operable 
16firearm shall be returned to him or her, provided that:
17  (1) the firearm, ammunition, and firearm parts that 
18 could be assembled to make an operable firearm are removed 
19 from the respondent's custody, control, or possession and 
20 the lawful owner agrees to store the firearm, ammunition, 
21 and firearm parts that could be assembled to make an 
22 operable firearm in a manner such that the respondent does 
23 not have access to or control of the firearm, ammunition, 
24 and firearm parts that could be assembled to make an 
25 operable firearm; and
26  (2) the firearm, ammunition, and firearm parts that 
 
 
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1 could be assembled to make an operable firearm are not 
2 otherwise unlawfully possessed by the owner.
3 The person petitioning for the return of his or her 
4firearm, ammunition, and firearm parts that could be assembled 
5to make an operable firearm must swear or affirm by affidavit 
6that he or she: (i) is the lawful owner of the firearm, 
7ammunition, and firearm parts that could be assembled to make 
8an operable firearm; (ii) shall not transfer the firearm, 
9ammunition, and firearm parts that could be assembled to make 
10an operable firearm to the respondent; and (iii) will store 
11the firearm, ammunition, and firearm parts that could be 
12assembled to make an operable firearm in a manner that the 
13respondent does not have access to or control of the firearm, 
14ammunition, and firearm parts that could be assembled to make 
15an operable firearm. 
16 (j) If the court does not issue a firearms restraining 
17order at the hearing, the court shall dissolve any emergency 
18firearms restraining order then in effect.
19 (k) When the court issues a firearms restraining order 
20under this Section, the court shall inform the respondent that 
21he or she is entitled to one hearing during the period of the 
22order to request a termination of the order, under Section 45 
23of this Act, and shall provide the respondent with a form to 
24request a hearing. 
25(Source: P.A. 101-81, eff. 7-12-19; 102-237, eff. 1-1-22; 
26102-345, eff. 6-1-22; 102-538, eff. 8-20-21; 102-813, eff. 
 
 
HB5197- 33 -LRB103 38441 RLC 68577 b


15-13-22; 102-1116, eff. 1-10-23.)

2 (430 ILCS 67/45)
3 Sec. 45. Termination and renewal. 
4 (a) A person subject to a firearms restraining order 
5issued under this Act may submit one written request at any 
6time during the effective period of the order for a hearing to 
7terminate the order.
8  (1) The respondent shall have the burden of proving by 
9 a preponderance of the evidence that the respondent does 
10 not pose a danger of causing personal injury to himself, 
11 herself, or another in the near future by having in his or 
12 her custody or control, purchasing, possessing, or 
13 receiving a firearm, ammunition, and firearm parts that 
14 could be assembled to make an operable firearm.
15  (2) If the court finds after the hearing that the 
16 respondent has met his or her burden, the court shall 
17 terminate the order. 
18 (b) A petitioner may request a renewal of a firearms 
19restraining order at any time within the 3 months before the 
20expiration of a firearms restraining order.
21  (1) A court shall, after notice and a hearing, renew a 
22 firearms restraining order issued under this part if the 
23 petitioner proves, by clear and convincing evidence, that 
24 the respondent continues to pose a danger of causing 
25 personal injury to himself, herself, or another in the 
 
 
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1 near future by having in his or her custody or control, 
2 purchasing, possessing, or receiving a firearm, 
3 ammunition, and firearm parts that could be assembled to 
4 make an operable firearm.
5  (2) In determining whether to renew a firearms 
6 restraining order issued under this Act, the court shall 
7 consider evidence of the facts identified in subsection 
8 (e) of Section 40 of this Act and any other evidence of an 
9 increased risk for violence. 
10  (3) At the hearing, the petitioner shall have the 
11 burden of proving by clear and convincing evidence that 
12 the respondent continues to pose a danger of causing 
13 personal injury to himself, herself, or another in the 
14 near future by having in his or her custody or control, 
15 purchasing, possessing, or receiving a firearm, 
16 ammunition, and firearm parts that could be assembled to 
17 make an operable firearm.
18  (4) The renewal of a firearms restraining order issued 
19 under this Section shall be in effect for 6 months up to 
20 one year and may be renewed for an additional period of up 
21 to one year, subject to termination by further order of 
22 the court at a hearing held under this Section and further 
23 renewal by further order of the court under this Section.
24(Source: P.A. 101-81, eff. 7-12-19; 102-345, eff. 6-1-22; 
25102-1116, eff. 1-10-23.)


 
 
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1 (430 ILCS 67/55)
2 Sec. 55. Data maintenance by law enforcement agencies. 
3 (a) All sheriffs shall furnish to the Illinois State 
4Police, daily, in the form and detail the Illinois State 
5Police requires, copies of any recorded firearms restraining 
6orders issued by the court, and any foreign orders of 
7protection filed by the clerk of the court, and transmitted to 
8the sheriff by the clerk of the court under Section 50. Each 
9firearms restraining order shall be entered in the Law 
10Enforcement Agencies Data System (LEADS) on the same day it is 
11issued by the court. If an emergency firearms restraining 
12order was issued in accordance with Section 35 of this Act, the 
13order shall be entered in the Law Enforcement Agencies Data 
14System (LEADS) as soon as possible after receipt from the 
15clerk.
16 (b) The Illinois State Police shall maintain a complete 
17and systematic record and index of all valid and recorded 
18firearms restraining orders issued or filed under this Act. 
19The data shall be used to inform all dispatchers and law 
20enforcement officers at the scene of a violation of a firearms 
21restraining order of the effective dates and terms of any 
22recorded order of protection. 
23 (c) The data, records, and transmittals required under 
24this Section shall pertain to any valid emergency or plenary 
256-month firearms restraining order, whether issued in a civil 
26or criminal proceeding or authorized under the laws of another 
 
 
HB5197- 36 -LRB103 38441 RLC 68577 b


1state, tribe, or United States territory. 
2(Source: P.A. 101-81, eff. 7-12-19; 102-538, eff. 8-20-21; 
3102-1116, eff. 1-10-23.)

4 Section 25. The Criminal Code of 2012 is amended by 
5changing Section 24-1 as follows:

6 (720 ILCS 5/24-1) (from Ch. 38, par. 24-1)
7 Sec. 24-1. Unlawful use of weapons. 
8 (a) A person commits the offense of unlawful use of 
9weapons when he knowingly:
10  (1) Sells, manufactures, purchases, possesses or 
11 carries any bludgeon, black-jack, slung-shot, sand-club, 
12 sand-bag, metal knuckles or other knuckle weapon 
13 regardless of its composition, throwing star, or any 
14 knife, commonly referred to as a switchblade knife, which 
15 has a blade that opens automatically by hand pressure 
16 applied to a button, spring or other device in the handle 
17 of the knife, or a ballistic knife, which is a device that 
18 propels a knifelike blade as a projectile by means of a 
19 coil spring, elastic material or compressed gas; or
20  (2) Carries or possesses with intent to use the same 
21 unlawfully against another, a dagger, dirk, billy, 
22 dangerous knife, razor, stiletto, broken bottle or other 
23 piece of glass, stun gun or taser or any other dangerous or 
24 deadly weapon or instrument of like character; or
 
 
HB5197- 37 -LRB103 38441 RLC 68577 b


1  (2.5) Carries or possesses with intent to use the same 
2 unlawfully against another, any firearm in a church, 
3 synagogue, mosque, or other building, structure, or place 
4 used for religious worship; or 
5  (3) Carries on or about his person or in any vehicle, a 
6 tear gas gun projector or bomb or any object containing 
7 noxious liquid gas or substance, other than an object 
8 containing a non-lethal noxious liquid gas or substance 
9 designed solely for personal defense carried by a person 
10 18 years of age or older; or
11  (4) Carries or possesses in any vehicle or concealed 
12 on or about his person except when on his land or in his 
13 own abode, legal dwelling, or fixed place of business, or 
14 on the land or in the legal dwelling of another person as 
15 an invitee with that person's permission, any pistol, 
16 revolver, stun gun or taser or other firearm, except that 
17 this subsection (a) (4) does not apply to or affect 
18 transportation of weapons that meet one of the following 
19 conditions:
20   (i) are broken down in a non-functioning state; or
21   (ii) are not immediately accessible; or
22   (iii) are unloaded and enclosed in a case, firearm 
23 carrying box, shipping box, or other container by a 
24 person who has been issued a currently valid Firearm 
25 Owner's Identification Card; or
26   (iv) are carried or possessed in accordance with 
 
 
HB5197- 38 -LRB103 38441 RLC 68577 b


1 the Firearm Concealed Carry Act by a person who has 
2 been issued a currently valid license under the 
3 Firearm Concealed Carry Act; or 
4  (5) Sets a spring gun; or
5  (6) Possesses any device or attachment of any kind 
6 designed, used or intended for use in silencing the report 
7 of any firearm; or
8  (7) Sells, manufactures, purchases, possesses or 
9 carries:
10   (i) a machine gun, which shall be defined for the 
11 purposes of this subsection as any weapon, which 
12 shoots, is designed to shoot, or can be readily 
13 restored to shoot, automatically more than one shot 
14 without manually reloading by a single function of the 
15 trigger, including the frame or receiver of any such 
16 weapon, or sells, manufactures, purchases, possesses, 
17 or carries any combination of parts designed or 
18 intended for use in converting any weapon into a 
19 machine gun, or any combination or parts from which a 
20 machine gun can be assembled if such parts are in the 
21 possession or under the control of a person;
22   (ii) any rifle having one or more barrels less 
23 than 16 inches in length or a shotgun having one or 
24 more barrels less than 18 inches in length or any 
25 weapon made from a rifle or shotgun, whether by 
26 alteration, modification, or otherwise, if such a 
 
 
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1 weapon as modified has an overall length of less than 
2 26 inches; or
3   (iii) any bomb, bomb-shell, grenade, bottle or 
4 other container containing an explosive substance of 
5 over one-quarter ounce for like purposes, such as, but 
6 not limited to, black powder bombs and Molotov 
7 cocktails or artillery projectiles; or
8  (8) Carries or possesses any firearm, stun gun or 
9 taser or other deadly weapon in any place which is 
10 licensed to sell intoxicating beverages, or at any public 
11 gathering held pursuant to a license issued by any 
12 governmental body or any public gathering at which an 
13 admission is charged, excluding a place where a showing, 
14 demonstration or lecture involving the exhibition of 
15 unloaded firearms is conducted.
16  This subsection (a)(8) does not apply to any auction 
17 or raffle of a firearm held pursuant to a license or permit 
18 issued by a governmental body, nor does it apply to 
19 persons engaged in firearm safety training courses; or
20  (9) Carries or possesses in a vehicle or on or about 
21 his or her person any pistol, revolver, stun gun or taser 
22 or firearm or ballistic knife, when he or she is hooded, 
23 robed or masked in such manner as to conceal his or her 
24 identity; or
25  (10) Carries or possesses on or about his or her 
26 person, upon any public street, alley, or other public 
 
 
HB5197- 40 -LRB103 38441 RLC 68577 b


1 lands within the corporate limits of a city, village, or 
2 incorporated town, except when an invitee thereon or 
3 therein, for the purpose of the display of such weapon or 
4 the lawful commerce in weapons, or except when on his land 
5 or in his or her own abode, legal dwelling, or fixed place 
6 of business, or on the land or in the legal dwelling of 
7 another person as an invitee with that person's 
8 permission, any pistol, revolver, stun gun, or taser or 
9 other firearm, except that this subsection (a) (10) does 
10 not apply to or affect transportation of weapons that meet 
11 one of the following conditions:
12   (i) are broken down in a non-functioning state; or
13   (ii) are not immediately accessible; or
14   (iii) are unloaded and enclosed in a case, firearm 
15 carrying box, shipping box, or other container by a 
16 person who has been issued a currently valid Firearm 
17 Owner's Identification Card; or
18   (iv) are carried or possessed in accordance with 
19 the Firearm Concealed Carry Act by a person who has 
20 been issued a currently valid license under the 
21 Firearm Concealed Carry Act. 
22  A "stun gun or taser", as used in this paragraph (a) 
23 means (i) any device which is powered by electrical 
24 charging units, such as, batteries, and which fires one or 
25 several barbs attached to a length of wire and which, upon 
26 hitting a human, can send out a current capable of 
 
 
HB5197- 41 -LRB103 38441 RLC 68577 b


1 disrupting the person's nervous system in such a manner as 
2 to render him incapable of normal functioning or (ii) any 
3 device which is powered by electrical charging units, such 
4 as batteries, and which, upon contact with a human or 
5 clothing worn by a human, can send out current capable of 
6 disrupting the person's nervous system in such a manner as 
7 to render him incapable of normal functioning; or
8  (11) Sells, manufactures, delivers, imports, 
9 possesses, or purchases any assault weapon attachment or 
10 .50 caliber cartridge in violation of Section 24-1.9 or 
11 any explosive bullet. For purposes of this paragraph (a) 
12 "explosive bullet" means the projectile portion of an 
13 ammunition cartridge which contains or carries an 
14 explosive charge which will explode upon contact with the 
15 flesh of a human or an animal. "Cartridge" means a tubular 
16 metal case having a projectile affixed at the front 
17 thereof and a cap or primer at the rear end thereof, with 
18 the propellant contained in such tube between the 
19 projectile and the cap; or
20  (12) (Blank); or
21  (13) Carries or possesses on or about his or her 
22 person while in a building occupied by a unit of 
23 government, a billy club, other weapon of like character, 
24 or other instrument of like character intended for use as 
25 a weapon. For the purposes of this Section, "billy club" 
26 means a short stick or club commonly carried by police 
 
 
HB5197- 42 -LRB103 38441 RLC 68577 b


1 officers which is either telescopic or constructed of a 
2 solid piece of wood or other man-made material; or
3  (14) Manufactures, possesses, sells, or offers to 
4 sell, purchase, manufacture, import, transfer, or use any 
5 device, part, kit, tool, accessory, or combination of 
6 parts that is designed to and functions to increase the 
7 rate of fire of a semiautomatic firearm above the standard 
8 rate of fire for semiautomatic firearms that is not 
9 equipped with that device, part, or combination of parts; 
10 or
11  (15) Carries or possesses any assault weapon or .50 
12 caliber rifle in violation of Section 24-1.9; or
13  (16) Manufactures, sells, delivers, imports, or 
14 purchases any assault weapon or .50 caliber rifle in 
15 violation of Section 24-1.9. 
16 (b) Sentence. A person convicted of a violation of 
17subsection 24-1(a)(1) through (5), subsection 24-1(a)(10), 
18subsection 24-1(a)(11), or subsection 24-1(a)(13), or 
1924-1(a)(15) commits a Class A misdemeanor. A person convicted 
20of a violation of subsection 24-1(a)(8) or 24-1(a)(9) commits 
21a Class 4 felony; a person convicted of a violation of 
22subsection 24-1(a)(6), or 24-1(a)(7)(ii), 24-1(a)(7)(iii), or 
2324-1(a)(16) or (iii) commits a Class 3 felony. A person 
24convicted of a violation of subsection 24-1(a)(7)(i) commits a 
25Class 2 felony and shall be sentenced to a term of imprisonment 
26of not less than 3 years and not more than 7 years, unless the 
 
 
HB5197- 43 -LRB103 38441 RLC 68577 b


1weapon is possessed in the passenger compartment of a motor 
2vehicle as defined in Section 1-146 of the Illinois Vehicle 
3Code, or on the person, while the weapon is loaded, in which 
4case it shall be a Class X felony. A person convicted of a 
5second or subsequent violation of subsection 24-1(a)(4), 
624-1(a)(8), 24-1(a)(9), or 24-1(a)(10), or 24-1(a)(15) commits 
7a Class 3 felony. A person convicted of a violation of 
8subsection 24-1(a)(2.5) or 24-1(a)(14) commits a Class 2 
9felony. The possession of each weapon or device in violation 
10of this Section constitutes a single and separate violation.
11 (c) Violations in specific places.
12  (1) A person who violates subsection 24-1(a)(6) or 
13 24-1(a)(7) in any school, regardless of the time of day or 
14 the time of year, in residential property owned, operated 
15 or managed by a public housing agency or leased by a public 
16 housing agency as part of a scattered site or mixed-income 
17 development, in a public park, in a courthouse, on the 
18 real property comprising any school, regardless of the 
19 time of day or the time of year, on residential property 
20 owned, operated or managed by a public housing agency or 
21 leased by a public housing agency as part of a scattered 
22 site or mixed-income development, on the real property 
23 comprising any public park, on the real property 
24 comprising any courthouse, in any conveyance owned, leased 
25 or contracted by a school to transport students to or from 
26 school or a school related activity, in any conveyance 
 
 
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1 owned, leased, or contracted by a public transportation 
2 agency, or on any public way within 1,000 feet of the real 
3 property comprising any school, public park, courthouse, 
4 public transportation facility, or residential property 
5 owned, operated, or managed by a public housing agency or 
6 leased by a public housing agency as part of a scattered 
7 site or mixed-income development commits a Class 2 felony 
8 and shall be sentenced to a term of imprisonment of not 
9 less than 3 years and not more than 7 years.
10  (1.5) A person who violates subsection 24-1(a)(4), 
11 24-1(a)(9), or 24-1(a)(10) in any school, regardless of 
12 the time of day or the time of year, in residential 
13 property owned, operated, or managed by a public housing 
14 agency or leased by a public housing agency as part of a 
15 scattered site or mixed-income development, in a public 
16 park, in a courthouse, on the real property comprising any 
17 school, regardless of the time of day or the time of year, 
18 on residential property owned, operated, or managed by a 
19 public housing agency or leased by a public housing agency 
20 as part of a scattered site or mixed-income development, 
21 on the real property comprising any public park, on the 
22 real property comprising any courthouse, in any conveyance 
23 owned, leased, or contracted by a school to transport 
24 students to or from school or a school related activity, 
25 in any conveyance owned, leased, or contracted by a public 
26 transportation agency, or on any public way within 1,000 
 
 
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1 feet of the real property comprising any school, public 
2 park, courthouse, public transportation facility, or 
3 residential property owned, operated, or managed by a 
4 public housing agency or leased by a public housing agency 
5 as part of a scattered site or mixed-income development 
6 commits a Class 3 felony.
7  (2) A person who violates subsection 24-1(a)(1), 
8 24-1(a)(2), or 24-1(a)(3) in any school, regardless of the 
9 time of day or the time of year, in residential property 
10 owned, operated or managed by a public housing agency or 
11 leased by a public housing agency as part of a scattered 
12 site or mixed-income development, in a public park, in a 
13 courthouse, on the real property comprising any school, 
14 regardless of the time of day or the time of year, on 
15 residential property owned, operated or managed by a 
16 public housing agency or leased by a public housing agency 
17 as part of a scattered site or mixed-income development, 
18 on the real property comprising any public park, on the 
19 real property comprising any courthouse, in any conveyance 
20 owned, leased or contracted by a school to transport 
21 students to or from school or a school related activity, 
22 in any conveyance owned, leased, or contracted by a public 
23 transportation agency, or on any public way within 1,000 
24 feet of the real property comprising any school, public 
25 park, courthouse, public transportation facility, or 
26 residential property owned, operated, or managed by a 
 
 
HB5197- 46 -LRB103 38441 RLC 68577 b


1 public housing agency or leased by a public housing agency 
2 as part of a scattered site or mixed-income development 
3 commits a Class 4 felony. "Courthouse" means any building 
4 that is used by the Circuit, Appellate, or Supreme Court 
5 of this State for the conduct of official business.
6  (3) Paragraphs (1), (1.5), and (2) of this subsection 
7 (c) shall not apply to law enforcement officers or 
8 security officers of such school, college, or university 
9 or to students carrying or possessing firearms for use in 
10 training courses, parades, hunting, target shooting on 
11 school ranges, or otherwise with the consent of school 
12 authorities and which firearms are transported unloaded 
13 enclosed in a suitable case, box, or transportation 
14 package.
15  (4) For the purposes of this subsection (c), "school" 
16 means any public or private elementary or secondary 
17 school, community college, college, or university.
18  (5) For the purposes of this subsection (c), "public 
19 transportation agency" means a public or private agency 
20 that provides for the transportation or conveyance of 
21 persons by means available to the general public, except 
22 for transportation by automobiles not used for conveyance 
23 of the general public as passengers; and "public 
24 transportation facility" means a terminal or other place 
25 where one may obtain public transportation. 
26 (d) The presence in an automobile other than a public 
 
 
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1omnibus of any weapon, instrument or substance referred to in 
2subsection (a)(7) is prima facie evidence that it is in the 
3possession of, and is being carried by, all persons occupying 
4such automobile at the time such weapon, instrument or 
5substance is found, except under the following circumstances: 
6(i) if such weapon, instrument or instrumentality is found 
7upon the person of one of the occupants therein; or (ii) if 
8such weapon, instrument or substance is found in an automobile 
9operated for hire by a duly licensed driver in the due, lawful 
10and proper pursuit of his or her trade, then such presumption 
11shall not apply to the driver.
12 (e) Exemptions.
13  (1) Crossbows, Common or Compound bows and Underwater 
14 Spearguns are exempted from the definition of ballistic 
15 knife as defined in paragraph (1) of subsection (a) of 
16 this Section.
17  (2) The provision of paragraph (1) of subsection (a) 
18 of this Section prohibiting the sale, manufacture, 
19 purchase, possession, or carrying of any knife, commonly 
20 referred to as a switchblade knife, which has a blade that 
21 opens automatically by hand pressure applied to a button, 
22 spring or other device in the handle of the knife, does not 
23 apply to a person who possesses a currently valid Firearm 
24 Owner's Identification Card previously issued in his or 
25 her name by the Illinois State Police or to a person or an 
26 entity engaged in the business of selling or manufacturing 
 
 
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1 switchblade knives. 
2(Source: P.A. 101-223, eff. 1-1-20; 102-538, eff. 8-20-21; 
3102-1116, eff. 1-10-23.)

4 (720 ILCS 5/24-1.9 rep.)
5 (720 ILCS 5/24-1.10 rep.)
6 Section 30. The Criminal Code of 2012 is amended by 
7repealing Sections 24-1.9 and 24-1.10.

8 Section 95. No acceleration or delay. Where this Act makes 
9changes in a statute that is represented in this Act by text 
10that is not yet or no longer in effect (for example, a Section 
11represented by multiple versions), the use of that text does 
12not accelerate or delay the taking effect of (i) the changes 
13made by this Act or (ii) provisions derived from any other 
14Public Act.