Bill Text: IL HB4328 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Republican 4-0)

Status: (Introduced) 2024-01-17 - Added Co-Sponsor Rep. Chris Miller [HB4328 Detail]

Download: Illinois-2023-HB4328-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4328 Introduced , by Rep. John M. Cabello 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 34894 RLC 64761 b
A BILL FOR
HB4328 LRB103 34894 RLC 64761 b
AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Freedom of Information Act is amended by
changing Section 7.5 as follows:
(5 ILCS 140/7.5)
Sec. 7.5. Statutory exemptions. To the extent provided for
by the statutes referenced below, the following shall be
exempt from inspection and copying:
(a) All information determined to be confidential
under Section 4002 of the Technology Advancement and
Development Act.
(b) Library circulation and order records identifying
library users with specific materials under the Library
Records Confidentiality Act.
(c) Applications, related documents, and medical
records received by the Experimental Organ Transplantation
Procedures Board and any and all documents or other
records prepared by the Experimental Organ Transplantation
Procedures Board or its staff relating to applications it
has received.
(d) Information and records held by the Department of
Public Health and its authorized representatives relating

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to known or suspected cases of sexually transmissible
disease or any information the disclosure of which is
restricted under the Illinois Sexually Transmissible
Disease Control Act.
(e) Information the disclosure of which is exempted
under Section 30 of the Radon Industry Licensing Act.
(f) Firm performance evaluations under Section 55 of
the Architectural, Engineering, and Land Surveying
Qualifications Based Selection Act.
(g) Information the disclosure of which is restricted
and exempted under Section 50 of the Illinois Prepaid
Tuition Act.
(h) Information the disclosure of which is exempted
under the State Officials and Employees Ethics Act, and
records of any lawfully created State or local inspector
general's office that would be exempt if created or
obtained by an Executive Inspector General's office under
that Act.
(i) Information contained in a local emergency energy
plan submitted to a municipality in accordance with a
local emergency energy plan ordinance that is adopted
under Section 11-21.5-5 of the Illinois Municipal Code.
(j) Information and data concerning the distribution
of surcharge moneys collected and remitted by carriers
under the Emergency Telephone System Act.
(k) Law enforcement officer identification information

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or driver identification information compiled by a law
enforcement agency or the Department of Transportation
under Section 11-212 of the Illinois Vehicle Code.
(l) Records and information provided to a residential
health care facility resident sexual assault and death
review team or the Executive Council under the Abuse
Prevention Review Team Act.
(m) Information provided to the predatory lending
database created pursuant to Article 3 of the Residential
Real Property Disclosure Act, except to the extent
authorized under that Article.
(n) Defense budgets and petitions for certification of
compensation and expenses for court appointed trial
counsel as provided under Sections 10 and 15 of the
Capital Crimes Litigation Act. This subsection (n) shall
apply until the conclusion of the trial of the case, even
if the prosecution chooses not to pursue the death penalty
prior to trial or sentencing.
(o) Information that is prohibited from being
disclosed under Section 4 of the Illinois Health and
Hazardous Substances Registry Act.
(p) Security portions of system safety program plans,
investigation reports, surveys, schedules, lists, data, or
information compiled, collected, or prepared by or for the
Department of Transportation under Sections 2705-300 and
2705-616 of the Department of Transportation Law of the

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Civil Administrative Code of Illinois, the Regional
Transportation Authority under Section 2.11 of the
Regional Transportation Authority Act, or the St. Clair
County Transit District under the Bi-State Transit Safety
Act.
(q) Information prohibited from being disclosed by the
Personnel Record Review Act.
(r) Information prohibited from being disclosed by the
Illinois School Student Records Act.
(s) Information the disclosure of which is restricted
under Section 5-108 of the Public Utilities Act.
(t) All identified or deidentified health information
in the form of health data or medical records contained
in, stored in, submitted to, transferred by, or released
from the Illinois Health Information Exchange, and
identified or deidentified health information in the form
of health data and medical records of the Illinois Health
Information Exchange in the possession of the Illinois
Health Information Exchange Office due to its
administration of the Illinois Health Information
Exchange. The terms "identified" and "deidentified" shall
be given the same meaning as in the Health Insurance
Portability and Accountability Act of 1996, Public Law
104-191, or any subsequent amendments thereto, and any
regulations promulgated thereunder.
(u) Records and information provided to an independent

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team of experts under the Developmental Disability and
Mental Health Safety Act (also known as Brian's Law).
(v) Names and information of people who have applied
for or received Firearm Owner's Identification Cards under
the Firearm Owners Identification Card Act or applied for
or received a concealed carry license under the Firearm
Concealed Carry Act, unless otherwise authorized by the
Firearm Concealed Carry Act; and databases under the
Firearm Concealed Carry Act, records of the Concealed
Carry Licensing Review Board under the Firearm Concealed
Carry Act, and law enforcement agency objections under the
Firearm Concealed Carry Act.
(v-5) Records of the Firearm Owner's Identification
Card Review Board that are exempted from disclosure under
Section 10 of the Firearm Owners Identification Card Act.
(w) Personally identifiable information which is
exempted from disclosure under subsection (g) of Section
19.1 of the Toll Highway Act.
(x) Information which is exempted from disclosure
under Section 5-1014.3 of the Counties Code or Section
8-11-21 of the Illinois Municipal Code.
(y) Confidential information under the Adult
Protective Services Act and its predecessor enabling
statute, the Elder Abuse and Neglect Act, including
information about the identity and administrative finding
against any caregiver of a verified and substantiated

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decision of abuse, neglect, or financial exploitation of
an eligible adult maintained in the Registry established
under Section 7.5 of the Adult Protective Services Act.
(z) Records and information provided to a fatality
review team or the Illinois Fatality Review Team Advisory
Council under Section 15 of the Adult Protective Services
Act.
(aa) Information which is exempted from disclosure
under Section 2.37 of the Wildlife Code.
(bb) Information which is or was prohibited from
disclosure by the Juvenile Court Act of 1987.
(cc) Recordings made under the Law Enforcement
Officer-Worn Body Camera Act, except to the extent
authorized under that Act.
(dd) Information that is prohibited from being
disclosed under Section 45 of the Condominium and Common
Interest Community Ombudsperson Act.
(ee) Information that is exempted from disclosure
under Section 30.1 of the Pharmacy Practice Act.
(ff) Information that is exempted from disclosure
under the Revised Uniform Unclaimed Property Act.
(gg) Information that is prohibited from being
disclosed under Section 7-603.5 of the Illinois Vehicle
Code.
(hh) Records that are exempt from disclosure under
Section 1A-16.7 of the Election Code.

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(ii) Information which is exempted from disclosure
under Section 2505-800 of the Department of Revenue Law of
the Civil Administrative Code of Illinois.
(jj) Information and reports that are required to be
submitted to the Department of Labor by registering day
and temporary labor service agencies but are exempt from
disclosure under subsection (a-1) of Section 45 of the Day
and Temporary Labor Services Act.
(kk) Information prohibited from disclosure under the
Seizure and Forfeiture Reporting Act.
(ll) Information the disclosure of which is restricted
and exempted under Section 5-30.8 of the Illinois Public
Aid Code.
(mm) Records that are exempt from disclosure under
Section 4.2 of the Crime Victims Compensation Act.
(nn) Information that is exempt from disclosure under
Section 70 of the Higher Education Student Assistance Act.
(oo) Communications, notes, records, and reports
arising out of a peer support counseling session
prohibited from disclosure under the First Responders
Suicide Prevention Act.
(pp) Names and all identifying information relating to
an employee of an emergency services provider or law
enforcement agency under the First Responders Suicide
Prevention Act.
(qq) Information and records held by the Department of

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Public Health and its authorized representatives collected
under the Reproductive Health Act.
(rr) Information that is exempt from disclosure under
the Cannabis Regulation and Tax Act.
(ss) Data reported by an employer to the Department of
Human Rights pursuant to Section 2-108 of the Illinois
Human Rights Act.
(tt) Recordings made under the Children's Advocacy
Center Act, except to the extent authorized under that
Act.
(uu) Information that is exempt from disclosure under
Section 50 of the Sexual Assault Evidence Submission Act.
(vv) Information that is exempt from disclosure under
subsections (f) and (j) of Section 5-36 of the Illinois
Public Aid Code.
(ww) Information that is exempt from disclosure under
Section 16.8 of the State Treasurer Act.
(xx) Information that is exempt from disclosure or
information that shall not be made public under the
Illinois Insurance Code.
(yy) Information prohibited from being disclosed under
the Illinois Educational Labor Relations Act.
(zz) Information prohibited from being disclosed under
the Illinois Public Labor Relations Act.
(aaa) Information prohibited from being disclosed
under Section 1-167 of the Illinois Pension Code.

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(bbb) Information that is prohibited from disclosure
by the Illinois Police Training Act and the Illinois State
Police Act.
(ccc) Records exempt from disclosure under Section
2605-304 of the Illinois State Police Law of the Civil
Administrative Code of Illinois.
(ddd) Information prohibited from being disclosed
under Section 35 of the Address Confidentiality for
Victims of Domestic Violence, Sexual Assault, Human
Trafficking, or Stalking Act.
(eee) Information prohibited from being disclosed
under subsection (b) of Section 75 of the Domestic
Violence Fatality Review Act.
(fff) Images from cameras under the Expressway Camera
Act. This subsection (fff) is inoperative on and after
July 1, 2023.
(ggg) Information prohibited from disclosure under
paragraph (3) of subsection (a) of Section 14 of the Nurse
Agency Licensing Act.
(hhh) Information submitted to the Department of State
Police in an affidavit or application for an assault
weapon endorsement, assault weapon attachment endorsement,
.50 caliber rifle endorsement, or .50 caliber cartridge
endorsement under the Firearm Owners Identification Card
Act.
(Source: P.A. 101-13, eff. 6-12-19; 101-27, eff. 6-25-19;

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101-81, eff. 7-12-19; 101-221, eff. 1-1-20; 101-236, eff.
1-1-20; 101-375, eff. 8-16-19; 101-377, eff. 8-16-19; 101-452,
eff. 1-1-20; 101-466, eff. 1-1-20; 101-600, eff. 12-6-19;
101-620, eff 12-20-19; 101-649, eff. 7-7-20; 101-652, eff.
1-1-22; 101-656, eff. 3-23-21; 102-36, eff. 6-25-21; 102-237,
eff. 1-1-22; 102-292, eff. 1-1-22; 102-520, eff. 8-20-21;
102-559, eff. 8-20-21; 102-813, eff. 5-13-22; 102-946, eff.
7-1-22; 102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; revised
2-13-23.)
Section 10. The Firearm Owners Identification Card Act is
amended by changing Section 8 as follows:
(430 ILCS 65/8) (from Ch. 38, par. 83-8)
Sec. 8. Grounds for denial and revocation. The Illinois
State Police has authority to deny an application for or to
revoke and seize a Firearm Owner's Identification Card
previously issued under this Act only if the Illinois State
Police finds that the applicant or the person to whom such card
was issued is or was at the time of issuance:
(a) A person under 21 years of age who has been
convicted of a misdemeanor other than a traffic offense or
adjudged delinquent;
(b) This subsection (b) applies through the 180th day
following July 12, 2019 (the effective date of Public Act
101-80). A person under 21 years of age who does not have

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the written consent of his parent or guardian to acquire
and possess firearms and firearm ammunition, or whose
parent or guardian has revoked such written consent, or
where such parent or guardian does not qualify to have a
Firearm Owner's Identification Card;
(b-5) This subsection (b-5) applies on and after the
181st day following July 12, 2019 (the effective date of
Public Act 101-80). A person under 21 years of age who is
not an active duty member of the United States Armed
Forces or the Illinois National Guard and does not have
the written consent of his or her parent or guardian to
acquire and possess firearms and firearm ammunition, or
whose parent or guardian has revoked such written consent,
or where such parent or guardian does not qualify to have a
Firearm Owner's Identification Card;
(c) A person convicted of a felony under the laws of
this or any other jurisdiction;
(d) A person addicted to narcotics;
(e) A person who has been a patient of a mental health
facility within the past 5 years or a person who has been a
patient in a mental health facility more than 5 years ago
who has not received the certification required under
subsection (u) of this Section. An active law enforcement
officer employed by a unit of government or a Department
of Corrections employee authorized to possess firearms who
is denied, revoked, or has his or her Firearm Owner's

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Identification Card seized under this subsection (e) may
obtain relief as described in subsection (c-5) of Section
10 of this Act if the officer or employee did not act in a
manner threatening to the officer or employee, another
person, or the public as determined by the treating
clinical psychologist or physician, and the officer or
employee seeks mental health treatment;
(f) A person whose mental condition is of such a
nature that it poses a clear and present danger to the
applicant, any other person or persons, or the community;
(g) A person who has an intellectual disability;
(h) A person who intentionally makes a false statement
in the Firearm Owner's Identification Card application or
endorsement affidavit;
(i) A noncitizen who is unlawfully present in the
United States under the laws of the United States;
(i-5) A noncitizen who has been admitted to the United
States under a non-immigrant visa (as that term is defined
in Section 101(a)(26) of the Immigration and Nationality
Act (8 U.S.C. 1101(a)(26))), except that this subsection
(i-5) does not apply to any noncitizen who has been
lawfully admitted to the United States under a
non-immigrant visa if that noncitizen is:
(1) admitted to the United States for lawful
hunting or sporting purposes;
(2) an official representative of a foreign

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government who is:
(A) accredited to the United States Government
or the Government's mission to an international
organization having its headquarters in the United
States; or
(B) en route to or from another country to
which that noncitizen is accredited;
(3) an official of a foreign government or
distinguished foreign visitor who has been so
designated by the Department of State;
(4) a foreign law enforcement officer of a
friendly foreign government entering the United States
on official business; or
(5) one who has received a waiver from the
Attorney General of the United States pursuant to 18
U.S.C. 922(y)(3);
(j) (Blank);
(k) A person who has been convicted within the past 5
years of battery, assault, aggravated assault, violation
of an order of protection, or a substantially similar
offense in another jurisdiction, in which a firearm was
used or possessed;
(l) A person who has been convicted of domestic
battery, aggravated domestic battery, or a substantially
similar offense in another jurisdiction committed before,
on or after January 1, 2012 (the effective date of Public

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Act 97-158). If the applicant or person who has been
previously issued a Firearm Owner's Identification Card
under this Act knowingly and intelligently waives the
right to have an offense described in this paragraph (l)
tried by a jury, and by guilty plea or otherwise, results
in a conviction for an offense in which a domestic
relationship is not a required element of the offense but
in which a determination of the applicability of 18 U.S.C.
922(g)(9) is made under Section 112A-11.1 of the Code of
Criminal Procedure of 1963, an entry by the court of a
judgment of conviction for that offense shall be grounds
for denying an application for and for revoking and
seizing a Firearm Owner's Identification Card previously
issued to the person under this Act;
(m) (Blank);
(n) A person who is prohibited from acquiring or
possessing firearms or firearm ammunition by any Illinois
State statute or by federal law;
(o) A minor subject to a petition filed under Section
5-520 of the Juvenile Court Act of 1987 alleging that the
minor is a delinquent minor for the commission of an
offense that if committed by an adult would be a felony;
(p) An adult who had been adjudicated a delinquent
minor under the Juvenile Court Act of 1987 for the
commission of an offense that if committed by an adult
would be a felony;

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(q) A person who is not a resident of the State of
Illinois, except as provided in subsection (a-10) of
Section 4;
(r) A person who has been adjudicated as a person with
a mental disability;
(s) A person who has been found to have a
developmental disability;
(t) A person involuntarily admitted into a mental
health facility; or
(u) A person who has had his or her Firearm Owner's
Identification Card revoked or denied under subsection (e)
of this Section or item (iv) of paragraph (2) of
subsection (a) of Section 4 of this Act because he or she
was a patient in a mental health facility as provided in
subsection (e) of this Section, shall not be permitted to
obtain a Firearm Owner's Identification Card, after the
5-year period has lapsed, unless he or she has received a
mental health evaluation by a physician, clinical
psychologist, or qualified examiner as those terms are
defined in the Mental Health and Developmental
Disabilities Code, and has received a certification that
he or she is not a clear and present danger to himself,
herself, or others. The physician, clinical psychologist,
or qualified examiner making the certification and his or
her employer shall not be held criminally, civilly, or
professionally liable for making or not making the

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certification required under this subsection, except for
willful or wanton misconduct. This subsection does not
apply to a person whose firearm possession rights have
been restored through administrative or judicial action
under Section 10 or 11 of this Act.
Upon revocation of a person's Firearm Owner's
Identification Card, the Illinois State Police shall provide
notice to the person and the person shall comply with Section
9.5 of this Act.
(Source: P.A. 101-80, eff. 7-12-19; 102-538, eff. 8-20-21;
102-645, eff. 1-1-22; 102-813, eff. 5-13-22; 102-1030, eff.
5-27-22; 102-1116, eff. 1-10-23.)
(430 ILCS 65/4.1 rep.)
Section 15. The Firearm Owners Identification Card Act is
amended by repealing Section 4.1.
Section 20. The Firearms Restraining Order Act is amended
by changing Sections 40, 45, and 55 as follows:
(430 ILCS 67/40)
Sec. 40. Plenary Six-month orders.
(a) A petitioner may request a 6-month firearms
restraining order for up to one year by filing an affidavit or
verified pleading alleging that the respondent poses a
significant danger of causing personal injury to himself,

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herself, or another in the near future by having in his or her
custody or control, purchasing, possessing, or receiving a
firearm, ammunition, and firearm parts that could be assembled
to make an operable firearm. The petition shall also describe
the number, types, and locations of any firearms, ammunition,
and firearm parts that could be assembled to make an operable
firearm presently believed by the petitioner to be possessed
or controlled by the respondent. The firearms restraining
order may be renewed for an additional period of up to one year
in accordance with Section 45 of this Act.
(b) If the respondent is alleged to pose a significant
danger of causing personal injury to an intimate partner, or
an intimate partner is alleged to have been the target of a
threat or act of violence by the respondent, the petitioner
shall make a good faith effort to provide notice to any and all
intimate partners of the respondent. The notice must include
the duration of time that the petitioner intends to petition
the court for a 6-month firearms restraining order, and, if
the petitioner is a law enforcement officer, referral to
relevant domestic violence or stalking advocacy or counseling
resources, if appropriate. The petitioner shall attest to
having provided the notice in the filed affidavit or verified
pleading. If, after making a good faith effort, the petitioner
is unable to provide notice to any or all intimate partners,
the affidavit or verified pleading should describe what
efforts were made.

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(c) Every person who files a petition for a plenary
6-month firearms restraining order, knowing the information
provided to the court at any hearing or in the affidavit or
verified pleading to be false, is guilty of perjury under
Section 32-2 of the Criminal Code of 2012.
(d) Upon receipt of a petition for a plenary 6-month
firearms restraining order, the court shall order a hearing
within 30 days.
(e) In determining whether to issue a firearms restraining
order under this Section, the court shall consider evidence
including, but not limited to, the following:
(1) The unlawful and reckless use, display, or
brandishing of a firearm, ammunition, and firearm parts
that could be assembled to make an operable firearm by the
respondent.
(2) The history of use, attempted use, or threatened
use of physical force by the respondent against another
person.
(3) Any prior arrest of the respondent for a felony
offense.
(4) Evidence of the abuse of controlled substances or
alcohol by the respondent.
(5) A recent threat of violence or act of violence by
the respondent directed toward himself, herself, or
another.
(6) A violation of an emergency order of protection

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issued under Section 217 of the Illinois Domestic Violence
Act of 1986 or Section 112A-17 of the Code of Criminal
Procedure of 1963 or of an order of protection issued
under Section 214 of the Illinois Domestic Violence Act of
1986 or Section 112A-14 of the Code of Criminal Procedure
of 1963.
(7) A pattern of violent acts or violent threats,
including, but not limited to, threats of violence or acts
of violence by the respondent directed toward himself,
herself, or another.
(f) At the hearing, the petitioner shall have the burden
of proving, by clear and convincing evidence, that the
respondent poses a significant danger of personal injury to
himself, herself, or another by having in his or her custody or
control, purchasing, possessing, or receiving a firearm,
ammunition, and firearm parts that could be assembled to make
an operable firearm.
(g) If the court finds that there is clear and convincing
evidence to issue a plenary firearms restraining order, the
court shall issue a firearms restraining order that shall be
in effect for up to one year, but not less than 6 months, 6
months subject to renewal under Section 45 of this Act or
termination under that Section.
(g-5) If the court issues a plenary 6-month firearms
restraining order, it shall, upon a finding of probable cause
that the respondent possesses firearms, ammunition, and

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firearm parts that could be assembled to make an operable
firearm, issue a search warrant directing a law enforcement
agency to seize the respondent's firearms, ammunition, and
firearm parts that could be assembled to make an operable
firearm. The court may, as part of that warrant, direct the law
enforcement agency to search the respondent's residence and
other places where the court finds there is probable cause to
believe he or she is likely to possess the firearms,
ammunition, and firearm parts that could be assembled to make
an operable firearm. A return of the search warrant shall be
filed by the law enforcement agency within 4 days thereafter,
setting forth the time, date, and location that the search
warrant was executed and what items, if any, were seized.
(h) A plenary 6-month firearms restraining order shall
require:
(1) the respondent to refrain from having in his or
her custody or control, purchasing, possessing, or
receiving additional firearms, ammunition, and firearm
parts that could be assembled to make an operable firearm
for the duration of the order under Section 8.2 of the
Firearm Owners Identification Card Act; and
(2) the respondent to comply with Section 9.5 of the
Firearm Owners Identification Card Act and subsection (g)
of Section 70 of the Firearm Concealed Carry Act.
(i) Except as otherwise provided in subsection (i-5) of
this Section, upon expiration of the period of safekeeping, if

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the firearms, ammunition, and firearm parts that could be
assembled to make an operable firearm or Firearm Owner's
Identification Card cannot be returned to the respondent
because the respondent cannot be located, fails to respond to
requests to retrieve the firearms, ammunition, and firearm
parts that could be assembled to make an operable firearm, or
is not lawfully eligible to possess a firearm, ammunition, and
firearm parts that could be assembled to make an operable
firearm, upon petition from the local law enforcement agency,
the court may order the local law enforcement agency to
destroy the firearms, ammunition, and firearm parts that could
be assembled to make an operable firearm, use the firearms,
ammunition, and firearm parts that could be assembled to make
an operable firearm for training purposes, or use the
firearms, ammunition, and firearm parts that could be
assembled to make an operable firearm for any other
application as deemed appropriate by the local law enforcement
agency.
(i-5) A respondent whose Firearm Owner's Identification
Card has been revoked or suspended may petition the court, if
the petitioner is present in court or has notice of the
respondent's petition, to transfer the respondent's firearm,
ammunition, and firearm parts that could be assembled to make
an operable firearm to a person who is lawfully able to possess
the firearm, ammunition, and firearm parts that could be
assembled to make an operable firearm if the person does not

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reside at the same address as the respondent. Notice of the
petition shall be served upon the person protected by the
emergency firearms restraining order. While the order is in
effect, the transferee who receives the respondent's firearms,
ammunition, and firearm parts that could be assembled to make
an operable firearm must swear or affirm by affidavit that he
or she shall not transfer the firearm, ammunition, and firearm
parts that could be assembled to make an operable firearm to
the respondent or to anyone residing in the same residence as
the respondent.
(i-6) If a person other than the respondent claims title
to any firearms, ammunition, and firearm parts that could be
assembled to make an operable firearm surrendered under this
Section, he or she may petition the court, if the petitioner is
present in court or has notice of the petition, to have the
firearm, ammunition, and firearm parts that could be assembled
to make an operable firearm returned to him or her. If the
court determines that person to be the lawful owner of the
firearm, ammunition, and firearm parts that could be assembled
to make an operable firearm, the firearm, ammunition, and
firearm parts that could be assembled to make an operable
firearm shall be returned to him or her, provided that:
(1) the firearm, ammunition, and firearm parts that
could be assembled to make an operable firearm are removed
from the respondent's custody, control, or possession and
the lawful owner agrees to store the firearm, ammunition,

HB4328 - 23 - LRB103 34894 RLC 64761 b
and firearm parts that could be assembled to make an
operable firearm in a manner such that the respondent does
not have access to or control of the firearm, ammunition,
and firearm parts that could be assembled to make an
operable firearm; and
(2) the firearm, ammunition, and firearm parts that
could be assembled to make an operable firearm are not
otherwise unlawfully possessed by the owner.
The person petitioning for the return of his or her
firearm, ammunition, and firearm parts that could be assembled
to make an operable firearm must swear or affirm by affidavit
that he or she: (i) is the lawful owner of the firearm,
ammunition, and firearm parts that could be assembled to make
an operable firearm; (ii) shall not transfer the firearm,
ammunition, and firearm parts that could be assembled to make
an operable firearm to the respondent; and (iii) will store
the firearm, ammunition, and firearm parts that could be
assembled to make an operable firearm in a manner that the
respondent does not have access to or control of the firearm,
ammunition, and firearm parts that could be assembled to make
an operable firearm.
(j) If the court does not issue a firearms restraining
order at the hearing, the court shall dissolve any emergency
firearms restraining order then in effect.
(k) When the court issues a firearms restraining order
under this Section, the court shall inform the respondent that

HB4328 - 24 - LRB103 34894 RLC 64761 b
he or she is entitled to one hearing during the period of the
order to request a termination of the order, under Section 45
of this Act, and shall provide the respondent with a form to
request a hearing.
(Source: P.A. 101-81, eff. 7-12-19; 102-237, eff. 1-1-22;
102-345, eff. 6-1-22; 102-538, eff. 8-20-21; 102-813, eff.
5-13-22; 102-1116, eff. 1-10-23.)
(430 ILCS 67/45)
Sec. 45. Termination and renewal.
(a) A person subject to a firearms restraining order
issued under this Act may submit one written request at any
time during the effective period of the order for a hearing to
terminate the order.
(1) The respondent shall have the burden of proving by
a preponderance of the evidence that the respondent does
not pose a danger of causing personal injury to himself,
herself, or another in the near future by having in his or
her custody or control, purchasing, possessing, or
receiving a firearm, ammunition, and firearm parts that
could be assembled to make an operable firearm.
(2) If the court finds after the hearing that the
respondent has met his or her burden, the court shall
terminate the order.
(b) A petitioner may request a renewal of a firearms
restraining order at any time within the 3 months before the

HB4328 - 25 - LRB103 34894 RLC 64761 b
expiration of a firearms restraining order.
(1) A court shall, after notice and a hearing, renew a
firearms restraining order issued under this part if the
petitioner proves, by clear and convincing evidence, that
the respondent continues to pose a danger of causing
personal injury to himself, herself, or another in the
near future by having in his or her custody or control,
purchasing, possessing, or receiving a firearm,
ammunition, and firearm parts that could be assembled to
make an operable firearm.
(2) In determining whether to renew a firearms
restraining order issued under this Act, the court shall
consider evidence of the facts identified in subsection
(e) of Section 40 of this Act and any other evidence of an
increased risk for violence.
(3) At the hearing, the petitioner shall have the
burden of proving by clear and convincing evidence that
the respondent continues to pose a danger of causing
personal injury to himself, herself, or another in the
near future by having in his or her custody or control,
purchasing, possessing, or receiving a firearm,
ammunition, and firearm parts that could be assembled to
make an operable firearm.
(4) The renewal of a firearms restraining order issued
under this Section shall be in effect for 6 months up to
one year and may be renewed for an additional period of up

HB4328 - 26 - LRB103 34894 RLC 64761 b
to one year, subject to termination by further order of
the court at a hearing held under this Section and further
renewal by further order of the court under this Section.
(Source: P.A. 101-81, eff. 7-12-19; 102-345, eff. 6-1-22;
102-1116, eff. 1-10-23.)
(430 ILCS 67/55)
Sec. 55. Data maintenance by law enforcement agencies.
(a) All sheriffs shall furnish to the Illinois State
Police, daily, in the form and detail the Illinois State
Police requires, copies of any recorded firearms restraining
orders issued by the court, and any foreign orders of
protection filed by the clerk of the court, and transmitted to
the sheriff by the clerk of the court under Section 50. Each
firearms restraining order shall be entered in the Law
Enforcement Agencies Data System (LEADS) on the same day it is
issued by the court. If an emergency firearms restraining
order was issued in accordance with Section 35 of this Act, the
order shall be entered in the Law Enforcement Agencies Data
System (LEADS) as soon as possible after receipt from the
clerk.
(b) The Illinois State Police shall maintain a complete
and systematic record and index of all valid and recorded
firearms restraining orders issued or filed under this Act.
The data shall be used to inform all dispatchers and law
enforcement officers at the scene of a violation of a firearms

HB4328 - 27 - LRB103 34894 RLC 64761 b
restraining order of the effective dates and terms of any
recorded order of protection.
(c) The data, records, and transmittals required under
this Section shall pertain to any valid emergency or plenary
6-month firearms restraining order, whether issued in a civil
or criminal proceeding or authorized under the laws of another
state, tribe, or United States territory.
(Source: P.A. 101-81, eff. 7-12-19; 102-538, eff. 8-20-21;
102-1116, eff. 1-10-23.)
Section 25. The Criminal Code of 2012 is amended by
changing Section 24-1 as follows:
(720 ILCS 5/24-1) (from Ch. 38, par. 24-1)
Sec. 24-1. Unlawful use of weapons.
(a) A person commits the offense of unlawful use of
weapons when he knowingly:
(1) Sells, manufactures, purchases, possesses or
carries any bludgeon, black-jack, slung-shot, sand-club,
sand-bag, metal knuckles or other knuckle weapon
regardless of its composition, throwing star, or any
knife, commonly referred to as a switchblade knife, which
has a blade that opens automatically by hand pressure
applied to a button, spring or other device in the handle
of the knife, or a ballistic knife, which is a device that
propels a knifelike blade as a projectile by means of a

HB4328 - 28 - LRB103 34894 RLC 64761 b
coil spring, elastic material or compressed gas; or
(2) Carries or possesses with intent to use the same
unlawfully against another, a dagger, dirk, billy,
dangerous knife, razor, stiletto, broken bottle or other
piece of glass, stun gun or taser or any other dangerous or
deadly weapon or instrument of like character; or
(2.5) Carries or possesses with intent to use the same
unlawfully against another, any firearm in a church,
synagogue, mosque, or other building, structure, or place
used for religious worship; or
(3) Carries on or about his person or in any vehicle, a
tear gas gun projector or bomb or any object containing
noxious liquid gas or substance, other than an object
containing a non-lethal noxious liquid gas or substance
designed solely for personal defense carried by a person
18 years of age or older; or
(4) Carries or possesses in any vehicle or concealed
on or about his person except when on his land or in his
own abode, legal dwelling, or fixed place of business, or
on the land or in the legal dwelling of another person as
an invitee with that person's permission, any pistol,
revolver, stun gun or taser or other firearm, except that
this subsection (a) (4) does not apply to or affect
transportation of weapons that meet one of the following
conditions:
(i) are broken down in a non-functioning state; or

HB4328 - 29 - LRB103 34894 RLC 64761 b
(ii) are not immediately accessible; or
(iii) are unloaded and enclosed in a case, firearm
carrying box, shipping box, or other container by a
person who has been issued a currently valid Firearm
Owner's Identification Card; or
(iv) are carried or possessed in accordance with
the Firearm Concealed Carry Act by a person who has
been issued a currently valid license under the
Firearm Concealed Carry Act; or
(5) Sets a spring gun; or
(6) Possesses any device or attachment of any kind
designed, used or intended for use in silencing the report
of any firearm; or
(7) Sells, manufactures, purchases, possesses or
carries:
(i) a machine gun, which shall be defined for the
purposes of this subsection as any weapon, which
shoots, is designed to shoot, or can be readily
restored to shoot, automatically more than one shot
without manually reloading by a single function of the
trigger, including the frame or receiver of any such
weapon, or sells, manufactures, purchases, possesses,
or carries any combination of parts designed or
intended for use in converting any weapon into a
machine gun, or any combination or parts from which a
machine gun can be assembled if such parts are in the

HB4328 - 30 - LRB103 34894 RLC 64761 b
possession or under the control of a person;
(ii) any rifle having one or more barrels less
than 16 inches in length or a shotgun having one or
more barrels less than 18 inches in length or any
weapon made from a rifle or shotgun, whether by
alteration, modification, or otherwise, if such a
weapon as modified has an overall length of less than
26 inches; or
(iii) any bomb, bomb-shell, grenade, bottle or
other container containing an explosive substance of
over one-quarter ounce for like purposes, such as, but
not limited to, black powder bombs and Molotov
cocktails or artillery projectiles; or
(8) Carries or possesses any firearm, stun gun or
taser or other deadly weapon in any place which is
licensed to sell intoxicating beverages, or at any public
gathering held pursuant to a license issued by any
governmental body or any public gathering at which an
admission is charged, excluding a place where a showing,
demonstration or lecture involving the exhibition of
unloaded firearms is conducted.
This subsection (a)(8) does not apply to any auction
or raffle of a firearm held pursuant to a license or permit
issued by a governmental body, nor does it apply to
persons engaged in firearm safety training courses; or
(9) Carries or possesses in a vehicle or on or about

HB4328 - 31 - LRB103 34894 RLC 64761 b
his or her person any pistol, revolver, stun gun or taser
or firearm or ballistic knife, when he or she is hooded,
robed or masked in such manner as to conceal his or her
identity; or
(10) Carries or possesses on or about his or her
person, upon any public street, alley, or other public
lands within the corporate limits of a city, village, or
incorporated town, except when an invitee thereon or
therein, for the purpose of the display of such weapon or
the lawful commerce in weapons, or except when on his land
or in his or her own abode, legal dwelling, or fixed place
of business, or on the land or in the legal dwelling of
another person as an invitee with that person's
permission, any pistol, revolver, stun gun, or taser or
other firearm, except that this subsection (a) (10) does
not apply to or affect transportation of weapons that meet
one of the following conditions:
(i) are broken down in a non-functioning state; or
(ii) are not immediately accessible; or
(iii) are unloaded and enclosed in a case, firearm
carrying box, shipping box, or other container by a
person who has been issued a currently valid Firearm
Owner's Identification Card; or
(iv) are carried or possessed in accordance with
the Firearm Concealed Carry Act by a person who has
been issued a currently valid license under the

HB4328 - 32 - LRB103 34894 RLC 64761 b
Firearm Concealed Carry Act.
A "stun gun or taser", as used in this paragraph (a)
means (i) any device which is powered by electrical
charging units, such as, batteries, and which fires one or
several barbs attached to a length of wire and which, upon
hitting a human, can send out a current capable of
disrupting the person's nervous system in such a manner as
to render him incapable of normal functioning or (ii) any
device which is powered by electrical charging units, such
as batteries, and which, upon contact with a human or
clothing worn by a human, can send out current capable of
disrupting the person's nervous system in such a manner as
to render him incapable of normal functioning; or
(11) Sells, manufactures, delivers, imports,
possesses, or purchases any assault weapon attachment or
.50 caliber cartridge in violation of Section 24-1.9 or
any explosive bullet. For purposes of this paragraph (a)
"explosive bullet" means the projectile portion of an
ammunition cartridge which contains or carries an
explosive charge which will explode upon contact with the
flesh of a human or an animal. "Cartridge" means a tubular
metal case having a projectile affixed at the front
thereof and a cap or primer at the rear end thereof, with
the propellant contained in such tube between the
projectile and the cap; or
(12) (Blank); or

HB4328 - 33 - LRB103 34894 RLC 64761 b
(13) Carries or possesses on or about his or her
person while in a building occupied by a unit of
government, a billy club, other weapon of like character,
or other instrument of like character intended for use as
a weapon. For the purposes of this Section, "billy club"
means a short stick or club commonly carried by police
officers which is either telescopic or constructed of a
solid piece of wood or other man-made material; or
(14) Manufactures, possesses, sells, or offers to
sell, purchase, manufacture, import, transfer, or use any
device, part, kit, tool, accessory, or combination of
parts that is designed to and functions to increase the
rate of fire of a semiautomatic firearm above the standard
rate of fire for semiautomatic firearms that is not
equipped with that device, part, or combination of parts;
or
(15) Carries or possesses any assault weapon or .50
caliber rifle in violation of Section 24-1.9; or
(16) Manufactures, sells, delivers, imports, or
purchases any assault weapon or .50 caliber rifle in
violation of Section 24-1.9.
(b) Sentence. A person convicted of a violation of
subsection 24-1(a)(1) through (5), subsection 24-1(a)(10),
subsection 24-1(a)(11), or subsection 24-1(a)(13), or
24-1(a)(15) commits a Class A misdemeanor. A person convicted
of a violation of subsection 24-1(a)(8) or 24-1(a)(9) commits

HB4328 - 34 - LRB103 34894 RLC 64761 b
a Class 4 felony; a person convicted of a violation of
subsection 24-1(a)(6), or 24-1(a)(7)(ii), 24-1(a)(7)(iii), or
24-1(a)(16) or (iii) commits a Class 3 felony. A person
convicted of a violation of subsection 24-1(a)(7)(i) commits a
Class 2 felony and shall be sentenced to a term of imprisonment
of not less than 3 years and not more than 7 years, unless the
weapon is possessed in the passenger compartment of a motor
vehicle as defined in Section 1-146 of the Illinois Vehicle
Code, or on the person, while the weapon is loaded, in which
case it shall be a Class X felony. A person convicted of a
second or subsequent violation of subsection 24-1(a)(4),
24-1(a)(8), 24-1(a)(9), or 24-1(a)(10), or 24-1(a)(15) commits
a Class 3 felony. A person convicted of a violation of
subsection 24-1(a)(2.5) or 24-1(a)(14) commits a Class 2
felony. The possession of each weapon or device in violation
of this Section constitutes a single and separate violation.
(c) Violations in specific places.
(1) A person who violates subsection 24-1(a)(6) or
24-1(a)(7) in any school, regardless of the time of day or
the time of year, in residential property owned, operated
or managed by a public housing agency or leased by a public
housing agency as part of a scattered site or mixed-income
development, in a public park, in a courthouse, on the
real property comprising any school, regardless of the
time of day or the time of year, on residential property
owned, operated or managed by a public housing agency or

HB4328 - 35 - LRB103 34894 RLC 64761 b
leased by a public housing agency as part of a scattered
site or mixed-income development, on the real property
comprising any public park, on the real property
comprising any courthouse, in any conveyance owned, leased
or contracted by a school to transport students to or from
school or a school related activity, in any conveyance
owned, leased, or contracted by a public transportation
agency, or on any public way within 1,000 feet of the real
property comprising any school, public park, courthouse,
public transportation facility, or residential property
owned, operated, or managed by a public housing agency or
leased by a public housing agency as part of a scattered
site or mixed-income development commits a Class 2 felony
and shall be sentenced to a term of imprisonment of not
less than 3 years and not more than 7 years.
(1.5) A person who violates subsection 24-1(a)(4),
24-1(a)(9), or 24-1(a)(10) in any school, regardless of
the time of day or the time of year, in residential
property owned, operated, or managed by a public housing
agency or leased by a public housing agency as part of a
scattered site or mixed-income development, in a public
park, in a courthouse, on the real property comprising any
school, regardless of the time of day or the time of year,
on residential property owned, operated, or managed by a
public housing agency or leased by a public housing agency
as part of a scattered site or mixed-income development,

HB4328 - 36 - LRB103 34894 RLC 64761 b
on the real property comprising any public park, on the
real property comprising any courthouse, in any conveyance
owned, leased, or contracted by a school to transport
students to or from school or a school related activity,
in any conveyance owned, leased, or contracted by a public
transportation agency, or on any public way within 1,000
feet of the real property comprising any school, public
park, courthouse, public transportation facility, or
residential property owned, operated, or managed by a
public housing agency or leased by a public housing agency
as part of a scattered site or mixed-income development
commits a Class 3 felony.
(2) A person who violates subsection 24-1(a)(1),
24-1(a)(2), or 24-1(a)(3) in any school, regardless of the
time of day or the time of year, in residential property
owned, operated or managed by a public housing agency or
leased by a public housing agency as part of a scattered
site or mixed-income development, in a public park, in a
courthouse, on the real property comprising any school,
regardless of the time of day or the time of year, on
residential property owned, operated or managed by a
public housing agency or leased by a public housing agency
as part of a scattered site or mixed-income development,
on the real property comprising any public park, on the
real property comprising any courthouse, in any conveyance
owned, leased or contracted by a school to transport

HB4328 - 37 - LRB103 34894 RLC 64761 b
students to or from school or a school related activity,
in any conveyance owned, leased, or contracted by a public
transportation agency, or on any public way within 1,000
feet of the real property comprising any school, public
park, courthouse, public transportation facility, or
residential property owned, operated, or managed by a
public housing agency or leased by a public housing agency
as part of a scattered site or mixed-income development
commits a Class 4 felony. "Courthouse" means any building
that is used by the Circuit, Appellate, or Supreme Court
of this State for the conduct of official business.
(3) Paragraphs (1), (1.5), and (2) of this subsection
(c) shall not apply to law enforcement officers or
security officers of such school, college, or university
or to students carrying or possessing firearms for use in
training courses, parades, hunting, target shooting on
school ranges, or otherwise with the consent of school
authorities and which firearms are transported unloaded
enclosed in a suitable case, box, or transportation
package.
(4) For the purposes of this subsection (c), "school"
means any public or private elementary or secondary
school, community college, college, or university.
(5) For the purposes of this subsection (c), "public
transportation agency" means a public or private agency
that provides for the transportation or conveyance of

HB4328 - 38 - LRB103 34894 RLC 64761 b
persons by means available to the general public, except
for transportation by automobiles not used for conveyance
of the general public as passengers; and "public
transportation facility" means a terminal or other place
where one may obtain public transportation.
(d) The presence in an automobile other than a public
omnibus of any weapon, instrument or substance referred to in
subsection (a)(7) is prima facie evidence that it is in the
possession of, and is being carried by, all persons occupying
such automobile at the time such weapon, instrument or
substance is found, except under the following circumstances:
(i) if such weapon, instrument or instrumentality is found
upon the person of one of the occupants therein; or (ii) if
such weapon, instrument or substance is found in an automobile
operated for hire by a duly licensed driver in the due, lawful
and proper pursuit of his or her trade, then such presumption
shall not apply to the driver.
(e) Exemptions.
(1) Crossbows, Common or Compound bows and Underwater
Spearguns are exempted from the definition of ballistic
knife as defined in paragraph (1) of subsection (a) of
this Section.
(2) The provision of paragraph (1) of subsection (a)
of this Section prohibiting the sale, manufacture,
purchase, possession, or carrying of any knife, commonly
referred to as a switchblade knife, which has a blade that

HB4328 - 39 - LRB103 34894 RLC 64761 b
opens automatically by hand pressure applied to a button,
spring or other device in the handle of the knife, does not
apply to a person who possesses a currently valid Firearm
Owner's Identification Card previously issued in his or
her name by the Illinois State Police or to a person or an
entity engaged in the business of selling or manufacturing
switchblade knives.
(Source: P.A. 101-223, eff. 1-1-20; 102-538, eff. 8-20-21;
102-1116, eff. 1-10-23.)
(720 ILCS 5/24-1.9 rep.)
(720 ILCS 5/24-1.10 rep.)
Section 30. The Criminal Code of 2012 is amended by
repealing Sections 24-1.9 and 24-1.10.