103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5888

Introduced , by Rep. Kevin John Olickal

SYNOPSIS AS INTRODUCED:

See Index

Amends the Firearm Owners Identification Card Act. Provides that the Internet-based system for determining the validity of a Firearm Owner's Identification Card shall include a written notice, in both English and Spanish, of a firearm owner's obligation to report to local law enforcement any lost or stolen firearm within 48 hours after the owner first discovers the loss or theft. Provides that upon the issuance and each renewal of a Firearm Owner's Identification Card, the Illinois State Police shall advise the applicant or holder in writing, in both English and Spanish, of his or her obligation to report to local law enforcement any lost or stolen firearm within 48 hours after he or she first discovers the loss or theft. Provides that a person is deemed to have discovered that a firearm was lost or stolen only when the person has received evidence indicating that a loss or theft has occurred. Amends the Criminal Code of 2012. Provides that if a person who possesses a valid Firearm Owner's Identification Card and who possesses or acquires a firearm thereafter loses the firearm, or if the firearm is stolen from the person, the person must report the loss or theft of any such firearm to the local law enforcement agency within 48 (rather than 72) hours after obtaining knowledge of the loss or theft. Provides that for a second or subsequent offense of failure to report the loss or theft of a firearm to the local law enforcement agency within 48 hours of the discovery of such loss or theft shall result in revocation of the person's Firearm Owner's Identification Card. Changes the elements of the offenses of firearms trafficking, possession of a stolen firearm, and aggravated possession of a stolen firearm. Amends the Firearm Concealed Carry Act and the Firearm Dealer License Certification Act to make conforming changes. Contains a severability provision.

LRB103 42774 RLC 76016 b

A BILL FOR

HB5888

LRB103 42774 RLC 76016 b

1 AN ACT concerning safety.

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

3 represented in the General Assembly:

4 Section 5. The Firearm Owners Identification Card Act is

5 amended by changing Sections 3, 3.1, 8, and 8.1 and by adding

6 Section 7.10 as follows:

7 (430 ILCS 65/3) (from Ch. 38, par. 83-3)

8 Sec. 3. (a) Except as provided in Section 3a, no person may

9 knowingly transfer, or cause to be transferred, any firearm,

10 firearm ammunition, stun gun, or taser to any person within

11 this State unless the transferee with whom he deals displays

12 either: (1) a currently valid Firearm Owner's Identification

13 Card which has previously been issued in his or her name by the

14 Illinois State Police under the provisions of this Act; or (2)

15 a currently valid license to carry a concealed firearm which

16 has previously been issued in his or her name by the Illinois

17 State Police under the Firearm Concealed Carry Act. In

18 addition, all firearm, stun gun, and taser transfers by

19 federally licensed firearm dealers are subject to Section 3.1

20 and beginning on the effective date of this amendatory Act of

21 the 103rd General Assembly, the federally licensed firearm

22 dealers shall check the Illinois State Police Internet-based

23 system upon which the serial numbers of firearms that have

HB5888

- 2 -

LRB103 42774 RLC 76016 b

1 been reported stolen are available for public access for

2 individuals to ensure any firearms are not reported stolen

3 prior to the sale or transfer of a firearm under subsection

4 (a-25) of this Section. New firearms shipped directly from the

5 manufacturer are exempt from this provision.

6 (a-5) Any person who is not a federally licensed firearm

7 dealer and who desires to transfer or sell a firearm while that

8 person is on the grounds of a gun show must, before selling or

9 transferring the firearm, request the Illinois State Police to

10 conduct a background check on the prospective recipient of the

11 firearm in accordance with Section 3.1 and beginning on the

12 effective date of this amendatory Act of the 103rd General

13 Assembly, the Illinois State Police shall check the Illinois

14 State Police Internet-based system upon which the serial

15 numbers of firearms that have been reported stolen are

16 available for public access for individuals to ensure any

17 firearms are not reported stolen prior to the sale or transfer

18 of a firearm under subsection {a-25} of this Section. New

19 firearms shipped directly from the manufacturer are exempt

20 from this provision.

21 (a-10) Notwithstanding item (2) of subsection (a) of this

22 Section, any person who is not a federally licensed firearm

23 dealer and who desires to transfer or sell a firearm or

24 firearms to any person who is not a federally licensed firearm

25 dealer shall, before selling or transferring the firearms,

26 contact a federal firearm license dealer under paragraph (1)

HB5888

- 3 -

LRB103 42774 RLC 76016 b

1 of subsection (a-15) of this Section to conduct the transfer

2 or the Illinois State Police with the transferee's or

3 purchaser's Firearm Owner's Identification Card number to

4 determine the validity of the transferee's or purchaser's

5 Firearm Owner's Identification Card under State and federal

6 law, including the National Instant Criminal Background Check

7 System. This subsection shall not be effective until July 1,

8 2023. Until that date the transferor shall contact the

9 Illinois State Police with the transferee's or purchaser's

10 Firearm Owner's Identification Card number to determine the

11 validity of the card. The Illinois State Police may adopt

12 rules concerning the implementation of this subsection. The

13 Illinois State Police shall provide the seller or transferor

14 an approval number if the purchaser's Firearm Owner's

15 Identification Card is valid. Approvals issued by the Illinois

16 State Police for the purchase of a firearm pursuant to this

17 subsection are valid for 30 days from the date of issue.

18 (a-15) The provisions of subsection (a-10) of this Section

19 do not apply to:

20 (1) transfers that occur at the place of business of a

21 federally licensed firearm dealer, if the federally

22 licensed firearm dealer conducts a background check on the

23 prospective recipient of the firearm in accordance with

24 Section 3.1 of this Act and follows all other applicable

25 federal, State, and local laws as if he or she were the

26 seller or transferor of the firearm, although the dealer

HB5888

- 4 -

LRB103 42774 RLC 76016 b

1 is not required to accept the firearm into his or her

2 inventory. The purchaser or transferee may be required by

3 the federally licensed firearm dealer to pay a fee not to

4 exceed $25 per firearm, which the dealer may retain as

5 compensation for performing the functions required under

6 this paragraph, plus the applicable fees authorized by

7 Section 3.1;

8 (2) transfers as a bona fide gift to the transferor's

9 husband, wife, son, daughter, stepson, stepdaughter,

10 father, mother, stepfather, stepmother, brother, sister,

11 nephew, niece, uncle, aunt, grandfather, grandmother,

12 grandson, granddaughter, father-in-law, mother-in-law,

13 son-in-law, or daughter-in-law;

14 (3) transfers by persons acting pursuant to operation

15 of law or a court order;

16 (4) transfers on the grounds of a gun show under

17 subsection (a-5) of this Section;

18 (5) the delivery of a firearm by its owner to a

19 gunsmith for service or repair, the return of the firearm

20 to its owner by the gunsmith, or the delivery of a firearm

21 by a gunsmith to a federally licensed firearms dealer for

22 service or repair and the return of the firearm to the

23 gunsmith;

24 (6) temporary transfers that occur while in the home

25 of the unlicensed transferee, if the unlicensed transferee

26 is not otherwise prohibited from possessing firearms and

HB5888

- 5 -

LRB103 42774 RLC 76016 b

1 the unlicensed transferee reasonably believes that

2 possession of the firearm is necessary to prevent imminent

3 death or great bodily harm to the unlicensed transferee;

4 (7) transfers to a law enforcement or corrections

5 agency or a law enforcement or corrections officer acting

6 within the course and scope of his or her official duties;

7 (8) transfers of firearms that have been rendered

8 permanently inoperable to a nonprofit historical society,

9 museum, or institutional collection; and

10 (9) transfers to a person who is exempt from the

11 requirement of possessing a Firearm Owner's Identification

12 Card under Section 2 of this Act.

13 (a-20) The Illinois State Police shall develop an

14 Internet-based system for individuals to determine the

15 validity of a Firearm Owner's Identification Card prior to the

16 sale or transfer of a firearm. The Illinois State Police shall

17 have the Internet-based system updated and available for use

18 by January 1, 2024. The Illinois State Police shall adopt

19 rules not inconsistent with this Section to implement this

20 system; but no rule shall allow the Illinois State Police to

21 retain records in contravention of State and federal law. The

22 Internet-based system shall include a written notice, in both

23 English and Spanish, of a firearm owner's obligation to report

24 to local law enforcement any lost or stolen firearm within 48

25 hours after the owner first discovers the loss or theft.

26 (a-25) On or before January 1, 2022, the Illinois State

HB5888

- 6 -

LRB103 42774 RLC 76016 b

1 Police shall develop an Internet-based system upon which the

2 serial numbers of firearms that have been reported stolen are

3 available for public access for individuals to ensure any

4 firearms are not reported stolen prior to the sale or transfer

5 of a firearm under this Section. The Illinois State Police

6 shall have the Internet-based system completed and available

7 for use by July 1, 2022. The Illinois State Police shall adopt

8 rules not inconsistent with this Section to implement this

9 system. On the effective date of this amendatory Act of the

10 103rd General Assembly, the Illinois State Police shall make

11 the Internet-based system created under this subsection

12 accessible to federally licensed firearms dealers to verify

13 that the make, model, and serial numbers of firearms that are

14 being bought, sold, or transferred by the dealers have not

15 been reported stolen and shall also provide a receipt or

16 approval number to a transferor or federally licensed firearms

17 dealer as verification that the firearm being transferred did

18 not appear on the stolen firearm database.

19 (a-30) The Illinois State Police shall establish an

20 electronic mechanism by which law enforcement shall report

21 individuals who have failed to report the loss or theft of a

22 firearm pursuant to Section 24-4.1 of the Criminal Code of

23 2012.

24 (b) Any person within this State who transfers or causes

25 to be transferred any firearm, stun gun, or taser shall keep a

26 record of such transfer for a period of 10 years from the date

HB5888

- 7 -

LRB103 42774 RLC 76016 b

1 of transfer. Any person within this State who receives any

2 firearm, stun gun, or taser pursuant to subsection (a-10)

3 shall provide a record of the transfer within 10 days of the

4 transfer to a federally licensed firearm dealer and shall not

5 be required to maintain a transfer record. The federally

6 licensed firearm dealer shall maintain the transfer record for

7 20 years from the date of receipt. A federally licensed

8 firearm dealer may charge a fee not to exceed $25 to retain the

9 record. The record shall be provided and maintained in either

10 an electronic or paper format. The federally licensed firearm

11 dealer shall not be liable for the accuracy of any information

12 in the transfer record submitted pursuant to this Section.

13 Such records shall contain the date of the transfer; the

14 description, serial number or other information identifying

15 the firearm, stun gun, or taser if no serial number is

16 available; and, if the transfer was completed within this

17 State, the transferee's Firearm Owner's Identification Card

18 number and any approval number or documentation provided by

19 the Illinois State Police pursuant to subsection (a-10) of

20 this Section; if the transfer was not completed within this

21 State, the record shall contain the name and address of the

22 transferee. On or after January 1, 2006, the record shall

23 contain the date of application for transfer of the firearm.

24 On demand of a peace officer such transferor shall produce for

25 inspection such record of transfer. For any transfer pursuant

26 to subsection (a-10) of this Section, on the demand of a peace

HB5888

- 8 -

LRB103 42774 RLC 76016 b

1 officer, such transferee shall identify the federally licensed

2 firearm dealer maintaining the transfer record. If the

3 transfer or sale took place at a gun show, the record shall

4 include the unique identification number. Failure to record

5 the unique identification number or approval number is a petty

6 offense. For transfers of a firearm, stun gun, or taser made on

7 or after January 18, 2019 (the effective date of Public Act

8 100-1178), failure by the private seller to maintain the

9 transfer records in accordance with this Section, or failure

10 by a transferee pursuant to subsection a-10 of this Section to

11 identify the federally licensed firearm dealer maintaining the

12 transfer record, is a Class A misdemeanor for the first

13 offense and a Class 4 felony for a second or subsequent offense

14 occurring within 10 years of the first offense and the second

15 offense was committed after conviction of the first offense.

16 Whenever any person who has not previously been convicted of

17 any violation of subsection (a-5), the court may grant

18 supervision pursuant to and consistent with the limitations of

19 Section 5-6-1 of the Unified Code of Corrections. A transferee

20 or transferor shall not be criminally liable under this

21 Section provided that he or she provides the Illinois State

22 Police with the transfer records in accordance with procedures

23 established by the Illinois State Police. The Illinois State

24 Police shall establish, by rule, a standard form on its

25 website.

26 (b-5) Any resident may purchase ammunition from a person

HB5888

- 9 -

LRB103 42774 RLC 76016 b

1 within or outside of Illinois if shipment is by United States

2 mail or by a private express carrier authorized by federal law

3 to ship ammunition. Any resident purchasing ammunition within

4 or outside the State of Illinois must provide the seller with a

5 copy of his or her valid Firearm Owner's Identification Card

6 or valid concealed carry license and either his or her

7 Illinois driver's license or Illinois State Identification

8 Card prior to the shipment of the ammunition. The ammunition

9 may be shipped only to an address on either of those 2

10 documents.

11 (c) The provisions of this Section regarding the transfer

12 of firearm ammunition shall not apply to those persons

13 specified in paragraph (b) of Section 2 of this Act.

14 (Source: P.A. 102-237, eff. 1-1-24; 102-538, eff. 8-20-21;

15 102-813, eff. 5-13-22; 102-1116, eff. 1-10-23.)

16 (430 ILCS 65/3.1) (from Ch. 38, par. 83-3.1)

17 Sec. 3.1. Firearm Transfer Inquiry Program.

18 (a) The Illinois State Police shall provide a dial up

19 telephone system or utilize other existing technology which

20 shall be used by any federally licensed firearm dealer, gun

21 show promoter, or gun show vendor who is to transfer a firearm,

22 stun gun, or taser under the provisions of this Act. The

23 Illinois State Police may utilize existing technology which

24 allows the caller to be charged a fee not to exceed $2. Fees

25 collected by the Illinois State Police shall be deposited in

HB5888

- 10 -

LRB103 42774 RLC 76016 b

1 the State Police Firearm Services Fund and used to provide the

2 service. Beginning on the effective date of this amendatory

3 Act of the 103rd General Assembly, a federally licensed

4 firearm dealer, gun show promoter, and gun show vendor shall

5 additionally check the Illinois State Police Internet-based

6 system upon which the serial numbers of firearms that have

7 been reported stolen are available for public access to ensure

8 any firearms are not reported stolen prior to the sale or

9 transfer of a firearm under subsection (a-25) of Section 3 of

10 this Act. New firearms shipped directly from the manufacturer

11 are exempt from this provision.

12 (b) Upon receiving a request from a federally licensed

13 firearm dealer, gun show promoter, or gun show vendor, the

14 Illinois State Police shall immediately approve or, within the

15 time period established by Section 24-3 of the Criminal Code

16 of 2012 regarding the delivery of firearms, stun guns, and

17 tasers, notify the inquiring dealer, gun show promoter, or gun

18 show vendor of any objection that would disqualify the

19 transferee from acquiring or possessing a firearm, stun gun,

20 or taser. In conducting the inquiry, the Illinois State Police

21 shall initiate and complete an automated search of its

22 criminal history record information files and those of the

23 Federal Bureau of Investigation, including the National

24 Instant Criminal Background Check System, and of the files of

25 the Department of Human Services relating to mental health and

26 developmental disabilities to obtain any felony conviction or

HB5888

- 11 -

LRB103 42774 RLC 76016 b

1 patient hospitalization information which would disqualify a

2 person from obtaining or require revocation of a currently

3 valid Firearm Owner's Identification Card.

4 (b-5) By January 1, 2023, the Illinois State Police shall

5 by rule provide a process for the automatic renewal of the

6 Firearm Owner's Identification Card of a person at the time of

7 an inquiry in subsection (b). Persons eligible for this

8 process must have a set of fingerprints on file with their

9 applications under either subsection (a-25) of Section 4 or

10 the Firearm Concealed Carry Act.

11 (c) If receipt of a firearm would not violate Section 24-3

12 of the Criminal Code of 2012, federal law, or this Act, the

13 Illinois State Police shall:

14 (1) assign a unique identification number to the

15 transfer; and

16 (2) provide the licensee, gun show promoter, or gun

17 show vendor with the number.

18 (d) Approvals issued by the Illinois State Police for the

19 purchase of a firearm are valid for 30 days from the date of

20 issue.

21 (e) (1) The Illinois State Police must act as the Illinois

22 Point of Contact for the National Instant Criminal Background

23 Check System.

24 (2) The Illinois State Police and the Department of Human

25 Services shall, in accordance with State and federal law

26 regarding confidentiality, enter into a memorandum of

HB5888

- 12 -

LRB103 42774 RLC 76016 b

1 understanding with the Federal Bureau of Investigation for the

2 purpose of implementing the National Instant Criminal

3 Background Check System in the State. The Illinois State

4 Police shall report the name, date of birth, and physical

5 description of any person prohibited from possessing a firearm

6 pursuant to the Firearm Owners Identification Card Act or 18

7 U.S.C. 922(g) and (n) to the National Instant Criminal

8 Background Check System Index, Denied Persons Files.

9 (3) The Illinois State Police shall provide notice of the

10 disqualification of a person under subsection (b) of this

11 Section or the revocation of a person's Firearm Owner's

12 Identification Card under Section 8 or Section 8.2 of this

13 Act, and the reason for the disqualification or revocation, to

14 all law enforcement agencies with jurisdiction to assist with

15 the seizure of the person's Firearm Owner's Identification

16 Card.

17 (f) The Illinois State Police shall adopt rules not

18 inconsistent with this Section to implement this system.

19 (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;

20 102-813, eff. 5-13-22.)

21 (430 ILCS 65/7.10 new)

22 Sec. 7.10. Notice of obligation to report lost or stolen

23 firearm. Upon the issuance and each renewal of a Firearm

24 Owner's Identification Card, the Illinois State Police shall

25 advise the applicant or holder in writing, in both English and

HB5888

- 13 -

LRB103 42774 RLC 76016 b

1 Spanish, of his or her obligation to report to local law

2 enforcement any lost or stolen firearm within 48 hours after

3 he or she first discovers the loss or theft. A person is deemed

4 to have discovered that a firearm was lost or stolen only when

5 the person has received evidence indicating that a loss or

6 theft has occurred.

7 (430 ILCS 65/8) (from Ch. 38, par. 83-8)

8 Sec. 8. Grounds for denial and revocation. The Illinois

9 State Police has authority to deny an application for or to

10 revoke and seize a Firearm Owner's Identification Card

11 previously issued under this Act only if the Illinois State

12 Police finds that the applicant or the person to whom such card

13 was issued is or was at the time of issuance:

14 (a) A person under 21 years of age who has been

15 convicted of a misdemeanor other than a traffic offense or

16 adjudged delinquent;

17 (b) This subsection (b) applies through the 180th day

18 following July 12, 2019 (the effective date of Public Act

19 101-80). A person under 21 years of age who does not have

20 the written consent of his parent or guardian to acquire

21 and possess firearms and firearm ammunition, or whose

22 parent or guardian has revoked such written consent, or

23 where such parent or guardian does not qualify to have a

24 Firearm Owner's Identification Card;

25 (b-5) This subsection (b-5) applies on and after the

HB5888

- 14 -

LRB103 42774 RLC 76016 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

HB5888

- 15 -

LRB103 42774 RLC 76016 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

HB5888

- 16 -

LRB103 42774 RLC 76016 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

HB5888

- 17 -

LRB103 42774 RLC 76016 b

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

HB5888

- 18 -

LRB103 42774 RLC 76016 b

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; or

26 (v) A person who fails to report a loss or theft of a

HB5888

- 19 -

LRB103 42774 RLC 76016 b

1 firearm within 48 hours of the discovery of such loss or

2 theft to local law enforcement as required under

3 subsection (a) of Section 24-4.1 of the Criminal Code of

4 2012.

5 Upon revocation of a person's Firearm Owner's

6 Identification Card, the Illinois State Police shall provide

7 notice to the person and the person shall comply with Section

8 9.5 of this Act.

9 (Source: P.A. 101-80, eff. 7-12-19; 102-538, eff. 8-20-21;

10 102-645, eff. 1-1-22; 102-813, eff. 5-13-22; 102-1030, eff.

11 5-27-22; 102-1116, eff. 1-10-23.)

12 (430 ILCS 65/8.1) (from Ch. 38, par. 83-8.1)

13 Sec. 8.1. Notifications to the Illinois State Police.

14 (a) The Circuit Clerk shall, in the form and manner

15 required by the Supreme Court, notify the Illinois State

16 Police of all final dispositions of cases for which the

17 Department has received information reported to it under

18 Sections 2.1 and 2.2 of the Criminal Identification Act.

19 (b) Upon adjudication of any individual as a person with a

20 mental disability as defined in Section 1.1 of this Act or a

21 finding that a person has been involuntarily admitted, the

22 court shall direct the circuit court clerk to immediately

23 notify the Illinois State Police, Firearm Owner's

24 Identification (FOID) department, and shall forward a copy of

25 the court order to the Department.

HB5888

- 20 -

LRB103 42774 RLC 76016 b

1 (b-1) Beginning July 1, 2016, and each July 1 and December

2 30 of every year thereafter, the circuit court clerk shall, in

3 the form and manner prescribed by the Illinois State Police,

4 notify the Illinois State Police, Firearm Owner's

5 Identification (FOID) department if the court has not directed

6 the circuit court clerk to notify the Illinois State Police,

7 Firearm Owner's Identification (FOID) department under

8 subsection (b) of this Section, within the preceding 6 months,

9 because no person has been adjudicated as a person with a

10 mental disability by the court as defined in Section 1.1 of

11 this Act or if no person has been involuntarily admitted. The

12 Supreme Court may adopt any orders or rules necessary to

13 identify the persons who shall be reported to the Illinois

14 State Police under subsection (b), or any other orders or

15 rules necessary to implement the requirements of this Act.

16 (c) The Department of Human Services shall, in the form

17 and manner prescribed by the Illinois State Police, report all

18 information collected under subsection (b) of Section 12 of

19 the Mental Health and Developmental Disabilities

20 Confidentiality Act for the purpose of determining whether a

21 person who may be or may have been a patient in a mental health

22 facility is disqualified under State or federal law from

23 receiving or retaining a Firearm Owner's Identification Card,

24 or purchasing a weapon.

25 (d) If a person is determined to pose a clear and present

26 danger to himself, herself, or to others:

HB5888

- 21 -

LRB103 42774 RLC 76016 b

1 (1) by a physician, clinical psychologist, or

2 qualified examiner, or is determined to have a

3 developmental disability by a physician, clinical

4 psychologist, or qualified examiner, whether employed by

5 the State or privately, then the physician, clinical

6 psychologist, or qualified examiner shall, within 24 hours

7 of making the determination, notify the Department of

8 Human Services that the person poses a clear and present

9 danger or has a developmental disability; or

10 (2) by a law enforcement official or school

11 administrator, then the law enforcement official or school

12 administrator shall, within 24 hours of making the

13 determination, notify the Illinois State Police that the

14 person poses a clear and present danger.

15 The Department of Human Services shall immediately update

16 its records and information relating to mental health and

17 developmental disabilities, and if appropriate, shall notify

18 the Illinois State Police in a form and manner prescribed by

19 the Illinois State Police. The Illinois State Police shall

20 determine whether to revoke the person's Firearm Owner's

21 Identification Card under Section 8 of this Act. Any

22 information disclosed under this subsection shall remain

23 privileged and confidential, and shall not be redisclosed,

24 except as required under subsection (e) of Section 3.1 of this

25 Act, nor used for any other purpose. The method of providing

26 this information shall guarantee that the information is not

HB5888

- 22 -

LRB103 42774 RLC 76016 b

1 released beyond what is necessary for the purpose of this

2 Section and shall be provided by rule by the Department of

3 Human Services. The identity of the person reporting under

4 this Section shall not be disclosed to the subject of the

5 report. The physician, clinical psychologist, qualified

6 examiner, law enforcement official, or school administrator

7 making the determination and his or her employer shall not be

8 held criminally, civilly, or professionally liable for making

9 or not making the notification required under this subsection,

10 except for willful or wanton misconduct.

11 (d-5) If a law enforcement official determines that a

12 person has failed to report a lost or stolen firearm as

13 required by Section 24-4.1 of the Criminal Code of 2012, then

14 the law enforcement official shall, within 24 hours of making

15 that determination, notify the Illinois State Police that the

16 person has failed to report a lost or stolen firearm. The law

17 enforcement official shall notify the Illinois State Police in

18 a form and manner prescribed by the Illinois State Police. The

19 Illinois State Police shall determine whether to revoke the

20 person's Firearm Owner's Identification Card under Section 8

21 of this Act. Any information disclosed under this subsection

22 shall remain privileged and confidential, and shall not be

23 redisclosed, except as required under subsection (e) of

24 Section 3.1 of this Act, nor used for any other purpose.

25 (e) The Illinois State Police shall adopt rules to

26 implement this Section.

HB5888

- 23 -

LRB103 42774 RLC 76016 b

1 (Source: P.A. 102-538, eff. 8-20-21.)

2 Section 10. The Firearm Concealed Carry Act is amended by

3 adding Section 56 as follows:

4 (430 ILCS 66/56 new)

5 Sec. 56. Notice of obligation to report lost or stolen

6 firearm. Upon the issuance and each renewal of a concealed

7 carry license, the Illinois State Police shall advise the

8 applicant or licensee in writing, in both English and Spanish,

9 of his or her obligation to report to local law enforcement any

10 lost or stolen firearm within 48 hours after he or she first

11 discovers the theft or loss.

12 Section 15. The Firearm Dealer License Certification Act

13 is amended by changing Section 5-20 as follows:

14 (430 ILCS 68/5-20)

15 Sec. 5-20. Additional licensee requirements.

16 (a) A certified licensee shall make a photo copy of a

17 buyer's or transferee's valid photo identification card

18 whenever a firearm sale transaction takes place. The photo

19 copy shall be attached to the documentation detailing the

20 record of sale.

21 (b) A certified licensee shall post in a conspicuous

22 position on the premises where the licensee conducts business

HB5888

- 24 -

LRB103 42774 RLC 76016 b

1 a sign that contains the following warning in block letters

2 not less than one inch in height:

3 "With few exceptions enumerated in the Firearm Owners

4 Identification Card Act, it is unlawful for you to:

5 (A) store or leave an unsecured firearm in a place

6 where a child can obtain access to it;

7 (B) sell or transfer your firearm to someone else

8 without receiving approval for the transfer from the

9 Illinois State Police, or

10 (C) fail to report the loss or theft of your

11 firearm to local law enforcement within 72 hours.".

12 This sign shall be created by the Illinois State Police and

13 made available for printing or downloading from the Illinois

14 State Police's website.

15 (c) No retail location established after the effective

16 date of this Act shall be located within 500 feet of any

17 school, pre-school, or day care facility in existence at its

18 location before the retail location is established as measured

19 from the nearest corner of the building holding the retail

20 location to the corner of the school, pre-school, or day care

21 facility building nearest the retail location at the time the

22 retail location seeks licensure.

23 (d) A certified dealer who sells or transfers a firearm

24 shall notify the purchaser or the recipient, orally and in

25 writing, in both English and Spanish, at the time of the sale

26 or transfer, that the owner of a firearm is required to report

HB5888

- 25 -

LRB103 42774 RLC 76016 b

1 a lost or stolen firearm to local law enforcement within 48

2 hours after the owner first discovers the loss or theft. The

3 Illinois State Police shall create a written notice, in both

4 English and Spanish, that certified dealers shall provide

5 firearm purchasers or transferees in accordance with this

6 provision and make such notice available for printing or

7 downloading from the Illinois State Police website.

8 (Source: P.A. 102-538, eff. 8-20-21.)

9 Section 20. The Criminal Code of 2012 is amended by

10 changing Sections 24-3.8, 24-3.9, 24-3B, and 24-4.1 as

11 follows:

12 (720 ILCS 5/24-3.8)

13 Sec. 24-3.8. Possession of a stolen firearm.

14 (a) A person commits possession of a stolen firearm when

15 he or she, not being entitled to the possession of a firearm,

16 possesses the firearm while he or she knows or reasonably

17 should know the firearm ~~, knowing it~~ to have been stolen or

18 converted. The trier of fact may infer that a person who

19 possesses a firearm with knowledge that its serial number has

20 been removed or altered has knowledge or reasonably should

21 know that the firearm is stolen or converted. The trier of fact

22 may, but is not required to, infer that a person who possesses

23 a firearm purchased on or after the effective date of this

24 amendatory Act of the 103rd General Assembly, with a make,

HB5888

- 26 -

LRB103 42774 RLC 76016 b

1 model, and serial number reported as stolen on the Illinois

2 State Police publicly accessible stolen firearm database under

3 subsection (a-25) of Section 3 of the Firearm Owners

4 Identification Card Act knows or reasonably should know that

5 the firearm is stolen or converted.

6 (b) Possession of a stolen firearm is a Class 2 felony.

7 (Source: P.A. 97-597, eff. 1-1-12; incorporates 97-347, eff.

8 1-1-12; 97-1109, eff. 1-1-13.)

9 (720 ILCS 5/24-3.9)

10 Sec. 24-3.9. Aggravated possession of a stolen firearm.

11 (a) A person commits aggravated possession of a stolen

12 firearm when he or she:

13 (1) Not being entitled to the possession of not less

14 than 2 and not more than 5 firearms, possesses those

15 firearms at the same time or within a one-year period,

16 knows or reasonably should know ~~knowing~~ the firearms to

17 have been stolen or converted.

18 (2) Not being entitled to the possession of not less

19 than 6 and not more than 10 firearms, possesses those

20 firearms at the same time or within a 2-year period, knows

21 or reasonably should know ~~knowing~~ the firearms to have

22 been stolen or converted.

23 (3) Not being entitled to the possession of not less

24 than 11 and not more than 20 firearms, possesses those

25 firearms at the same time or within a 3-year period, knows

HB5888

- 27 -

LRB103 42774 RLC 76016 b

1 or reasonably should know ~~knowing~~ the firearms to have

2 been stolen or converted.

3 (4) Not being entitled to the possession of not less

4 than 21 and not more than 30 firearms, possesses those

5 firearms at the same time or within a 4-year period, knows

6 or reasonably should know ~~knowing~~ the firearms to have

7 been stolen or converted.

8 (5) Not being entitled to the possession of more than

9 30 firearms, possesses those firearms at the same time or

10 within a 5-year period, knows or reasonably should know

11 ~~knowing~~ the firearms to have been stolen or converted.

12 (b) The trier of fact may infer that a person who possesses

13 a firearm with knowledge that its serial number has been

14 removed or altered has knowledge or reasonably should know

15 that the firearm is stolen or converted. The trier of fact may,

16 but is not required to, infer that a person who possesses a

17 firearm purchased on or after the effective date of this

18 amendatory Act of the 103rd General Assembly, with a make,

19 model, and serial number reported as stolen on the Illinois

20 State Police publicly accessible stolen firearm database under

21 subsection (a-25) of Section 3 of the Firearm Owners

22 Identification Card Act knows or reasonably should know that

23 the firearm is stolen or converted.

24 (c) Sentence.

25 (1) A person who violates paragraph (1) of subsection

26 (a) of this Section commits a Class 1 felony.

HB5888

- 28 -

LRB103 42774 RLC 76016 b

1 (2) A person who violates paragraph (2) of subsection

2 (a) of this Section commits a Class X felony for which he

3 or she shall be sentenced to a term of imprisonment of not

4 less than 6 years and not more than 30 years.

5 (3) A person who violates paragraph (3) of subsection

6 (a) of this Section commits a Class X felony for which he

7 or she shall be sentenced to a term of imprisonment of not

8 less than 6 years and not more than 40 years.

9 (4) A person who violates paragraph (4) of subsection

10 (a) of this Section commits a Class X felony for which he

11 or she shall be sentenced to a term of imprisonment of not

12 less than 6 years and not more than 50 years.

13 (5) A person who violates paragraph (5) of subsection

14 (a) of this Section commits a Class X felony for which he

15 or she shall be sentenced to a term of imprisonment of not

16 less than 6 years and not more than 60 years.

17 (Source: P.A. 97-597, eff. 1-1-12; incorporates 97-347, eff.

18 1-1-12; 97-1109, eff. 1-1-13.)

19 (720 ILCS 5/24-3B)

20 Sec. 24-3B. Firearms trafficking.

21 (a) A person commits firearms trafficking when he or she

22 has not been issued a currently valid Firearm Owner's

23 Identification Card and knowingly:

24 (1) brings, or causes to be brought, into this State,

25 a firearm or firearm ammunition for the purpose of sale,

HB5888

- 29 -

LRB103 42774 RLC 76016 b

1 delivery, or transfer to any other person or with the

2 intent to sell, deliver, or transfer the firearm or

3 firearm ammunition to any other person; ~~or~~

4 (2) brings, or causes to be brought, into this State,

5 a firearm and firearm ammunition for the purpose of sale,

6 delivery, or transfer to any other person or with the

7 intent to sell, deliver, or transfer the firearm and

8 firearm ammunition to any other person; or

9 (3) transports on an expressway in this State a

10 vehicle any stolen firearm or a firearm the possessor

11 reasonably should know was stolen.

12 (a-1) The trier of fact may, but is not required to, infer

13 that a person who possesses a firearm purchased on or after the

14 effective date of this amendatory Act of the 103rd General

15 Assembly, with a make, model, and serial number reported as

16 stolen on the Illinois State Police publicly accessible stolen

17 firearm database under subsection (a-25) of Section 3 of the

18 Firearm Owners Identification Card Act knows or reasonably

19 should know that the firearm is stolen or converted.

20 (a-2) In this Section, "expressway" has the meaning

21 provided in Section 1-119.3 of the Illinois Vehicle Code.

22 (a-5) This Section does not apply to:

23 (1) a person exempt under Section 2 of the Firearm

24 Owners Identification Card Act from the requirement of

25 having possession of a Firearm Owner's Identification Card

26 previously issued in his or her name by the Illinois State

HB5888

- 30 -

LRB103 42774 RLC 76016 b

1 Police in order to acquire or possess a firearm or firearm

2 ammunition;

3 (2) a common carrier under subsection (i) of Section

4 24-2 of this Code; or

5 (3) a non-resident who may lawfully possess a firearm

6 in his or her resident state.

7 (b) Sentence.

8 (1) Firearms trafficking is a Class 1 felony for which

9 the person, if sentenced to a term of imprisonment, shall

10 be sentenced to not less than 4 years and not more than 20

11 years.

12 (2) Firearms trafficking by a person who has been

13 previously convicted of firearms trafficking, gunrunning,

14 or a felony offense for the unlawful sale, delivery, or

15 transfer of a firearm or firearm ammunition in this State

16 or another jurisdiction is a Class X felony.

17 (Source: P.A. 102-538, eff. 8-20-21.)

18 (720 ILCS 5/24-4.1)

19 Sec. 24-4.1. Report of lost or stolen firearms.

20 (a) If a person who possesses a valid Firearm Owner's

21 Identification Card and who possesses or acquires a firearm

22 thereafter loses the firearm, or if the firearm is stolen from

23 the person, the person must report the loss or theft of any

24 such firearm to the local law enforcement agency within 48 ~~72~~

25 hours after obtaining knowledge of the loss or theft. The

HB5888

- 31 -

LRB103 42774 RLC 76016 b

1 report shall include:

2 (1) the date the firearm was lost or stolen;

3 (2) the exact location where the firearm was lost or

4 stolen or, if the exact location is not known, the last

5 known location of the firearm;

6 (3) the caliber, make, model, and serial number of the

7 firearm; and

8 (4) a description of the circumstances under which the

9 firearm was lost or stolen.

10 (b) A law enforcement agency having jurisdiction shall

11 take a written report and shall, as soon as practical, and in

12 no event later than 48 hours after receiving the report, enter

13 the information and the firearm's serial number as stolen into

14 the Law Enforcement Agencies Data System (LEADS).

15 (c) A person shall not be in violation of this Section if:

16 (1) the failure to report is due to an act of God, act

17 of war, or inability of a law enforcement agency to

18 receive the report;

19 (2) the person is hospitalized, in a coma, or is

20 otherwise seriously physically or mentally impaired as to

21 prevent the person from reporting; or

22 (3) the person's designee makes a report if the person

23 is unable to make the report.

24 (d) Sentence. A person who violates this Section is guilty

25 of a petty offense for a first violation. A second or

26 subsequent violation of this Section is a Class A misdemeanor.

HB5888

- 32 -

LRB103 42774 RLC 76016 b

1 For a second or subsequent offense, the failure to report a

2 loss or theft of a firearm within 48 hours of the discovery of

3 such loss or theft as required under subsection (a) shall

4 result in revocation of the person's Firearm Owner's

5 Identification Card. Pursuant to subsection (a) of Section 10

6 of the Firearm Owners Identification Card Act, a person whose

7 card is revoked under this Section may file a record challenge

8 with the Director of the Illinois State Police as provided in

9 subsection (a-10) of Section 10 of that Act or appeal to the

10 Firearm Owner's Identification Card Review Board for relief as

11 provided in subsection (c) of Section 10 of that Act.

12 (e) A prosecution for an offense under this Section may be

13 commenced within 3 years after the discovery by law

14 enforcement or prosecution of the failure to report the theft

15 or loss of a firearm as required under subsection (a).

16 (Source: P.A. 98-508, eff. 8-19-13.)

17 Section 97. Severability. The provisions of this Act are

18 severable under Section 1.31 of the Statute on Statutes.

HB5888

- 33 -

LRB103 42774 RLC 76016 b

INDEX

Statutes amended in order of appearance