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
 
HB4328LRB103 34894 RLC 64761 b


1 AN ACT concerning criminal law.

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

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

6 (5 ILCS 140/7.5)
7 Sec. 7.5. Statutory exemptions. To the extent provided for 
8by the statutes referenced below, the following shall be 
9exempt from inspection and copying:
10  (a) All information determined to be confidential 
11 under Section 4002 of the Technology Advancement and 
12 Development Act.
13  (b) Library circulation and order records identifying 
14 library users with specific materials under the Library 
15 Records Confidentiality Act.
16  (c) Applications, related documents, and medical 
17 records received by the Experimental Organ Transplantation 
18 Procedures Board and any and all documents or other 
19 records prepared by the Experimental Organ Transplantation 
20 Procedures Board or its staff relating to applications it 
21 has received.
22  (d) Information and records held by the Department of 
23 Public Health and its authorized representatives relating 
 
 
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1 to known or suspected cases of sexually transmissible 
2 disease or any information the disclosure of which is 
3 restricted under the Illinois Sexually Transmissible 
4 Disease Control Act.
5  (e) Information the disclosure of which is exempted 
6 under Section 30 of the Radon Industry Licensing Act.
7  (f) Firm performance evaluations under Section 55 of 
8 the Architectural, Engineering, and Land Surveying 
9 Qualifications Based Selection Act.
10  (g) Information the disclosure of which is restricted 
11 and exempted under Section 50 of the Illinois Prepaid 
12 Tuition Act.
13  (h) Information the disclosure of which is exempted 
14 under the State Officials and Employees Ethics Act, and 
15 records of any lawfully created State or local inspector 
16 general's office that would be exempt if created or 
17 obtained by an Executive Inspector General's office under 
18 that Act.
19  (i) Information contained in a local emergency energy 
20 plan submitted to a municipality in accordance with a 
21 local emergency energy plan ordinance that is adopted 
22 under Section 11-21.5-5 of the Illinois Municipal Code.
23  (j) Information and data concerning the distribution 
24 of surcharge moneys collected and remitted by carriers 
25 under the Emergency Telephone System Act.
26  (k) Law enforcement officer identification information 
 
 
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1 or driver identification information compiled by a law 
2 enforcement agency or the Department of Transportation 
3 under Section 11-212 of the Illinois Vehicle Code.
4  (l) Records and information provided to a residential 
5 health care facility resident sexual assault and death 
6 review team or the Executive Council under the Abuse 
7 Prevention Review Team Act.
8  (m) Information provided to the predatory lending 
9 database created pursuant to Article 3 of the Residential 
10 Real Property Disclosure Act, except to the extent 
11 authorized under that Article.
12  (n) Defense budgets and petitions for certification of 
13 compensation and expenses for court appointed trial 
14 counsel as provided under Sections 10 and 15 of the 
15 Capital Crimes Litigation Act. This subsection (n) shall 
16 apply until the conclusion of the trial of the case, even 
17 if the prosecution chooses not to pursue the death penalty 
18 prior to trial or sentencing.
19  (o) Information that is prohibited from being 
20 disclosed under Section 4 of the Illinois Health and 
21 Hazardous Substances Registry Act.
22  (p) Security portions of system safety program plans, 
23 investigation reports, surveys, schedules, lists, data, or 
24 information compiled, collected, or prepared by or for the 
25 Department of Transportation under Sections 2705-300 and 
26 2705-616 of the Department of Transportation Law of the 
 
 
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1 Civil Administrative Code of Illinois, the Regional 
2 Transportation Authority under Section 2.11 of the 
3 Regional Transportation Authority Act, or the St. Clair 
4 County Transit District under the Bi-State Transit Safety 
5 Act. 
6  (q) Information prohibited from being disclosed by the 
7 Personnel Record Review Act. 
8  (r) Information prohibited from being disclosed by the 
9 Illinois School Student Records Act. 
10  (s) Information the disclosure of which is restricted 
11 under Section 5-108 of the Public Utilities Act. 
12  (t) All identified or deidentified health information 
13 in the form of health data or medical records contained 
14 in, stored in, submitted to, transferred by, or released 
15 from the Illinois Health Information Exchange, and 
16 identified or deidentified health information in the form 
17 of health data and medical records of the Illinois Health 
18 Information Exchange in the possession of the Illinois 
19 Health Information Exchange Office due to its 
20 administration of the Illinois Health Information 
21 Exchange. The terms "identified" and "deidentified" shall 
22 be given the same meaning as in the Health Insurance 
23 Portability and Accountability Act of 1996, Public Law 
24 104-191, or any subsequent amendments thereto, and any 
25 regulations promulgated thereunder. 
26  (u) Records and information provided to an independent 
 
 
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1 team of experts under the Developmental Disability and 
2 Mental Health Safety Act (also known as Brian's Law). 
3  (v) Names and information of people who have applied 
4 for or received Firearm Owner's Identification Cards under 
5 the Firearm Owners Identification Card Act or applied for 
6 or received a concealed carry license under the Firearm 
7 Concealed Carry Act, unless otherwise authorized by the 
8 Firearm Concealed Carry Act; and databases under the 
9 Firearm Concealed Carry Act, records of the Concealed 
10 Carry Licensing Review Board under the Firearm Concealed 
11 Carry Act, and law enforcement agency objections under the 
12 Firearm Concealed Carry Act. 
13  (v-5) Records of the Firearm Owner's Identification 
14 Card Review Board that are exempted from disclosure under 
15 Section 10 of the Firearm Owners Identification Card Act.
16  (w) Personally identifiable information which is 
17 exempted from disclosure under subsection (g) of Section 
18 19.1 of the Toll Highway Act.
19  (x) Information which is exempted from disclosure 
20 under Section 5-1014.3 of the Counties Code or Section 
21 8-11-21 of the Illinois Municipal Code. 
22  (y) Confidential information under the Adult 
23 Protective Services Act and its predecessor enabling 
24 statute, the Elder Abuse and Neglect Act, including 
25 information about the identity and administrative finding 
26 against any caregiver of a verified and substantiated 
 
 
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1 decision of abuse, neglect, or financial exploitation of 
2 an eligible adult maintained in the Registry established 
3 under Section 7.5 of the Adult Protective Services Act. 
4  (z) Records and information provided to a fatality 
5 review team or the Illinois Fatality Review Team Advisory 
6 Council under Section 15 of the Adult Protective Services 
7 Act. 
8  (aa) Information which is exempted from disclosure 
9 under Section 2.37 of the Wildlife Code. 
10  (bb) Information which is or was prohibited from 
11 disclosure by the Juvenile Court Act of 1987. 
12  (cc) Recordings made under the Law Enforcement 
13 Officer-Worn Body Camera Act, except to the extent 
14 authorized under that Act.
15  (dd) Information that is prohibited from being 
16 disclosed under Section 45 of the Condominium and Common 
17 Interest Community Ombudsperson Act. 
18  (ee) Information that is exempted from disclosure 
19 under Section 30.1 of the Pharmacy Practice Act. 
20  (ff) Information that is exempted from disclosure 
21 under the Revised Uniform Unclaimed Property Act. 
22  (gg) Information that is prohibited from being 
23 disclosed under Section 7-603.5 of the Illinois Vehicle 
24 Code. 
25  (hh) Records that are exempt from disclosure under 
26 Section 1A-16.7 of the Election Code. 
 
 
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1  (ii) Information which is exempted from disclosure 
2 under Section 2505-800 of the Department of Revenue Law of 
3 the Civil Administrative Code of Illinois. 
4  (jj) Information and reports that are required to be 
5 submitted to the Department of Labor by registering day 
6 and temporary labor service agencies but are exempt from 
7 disclosure under subsection (a-1) of Section 45 of the Day 
8 and Temporary Labor Services Act. 
9  (kk) Information prohibited from disclosure under the 
10 Seizure and Forfeiture Reporting Act. 
11  (ll) Information the disclosure of which is restricted 
12 and exempted under Section 5-30.8 of the Illinois Public 
13 Aid Code. 
14  (mm) Records that are exempt from disclosure under 
15 Section 4.2 of the Crime Victims Compensation Act. 
16  (nn) Information that is exempt from disclosure under 
17 Section 70 of the Higher Education Student Assistance Act. 
18  (oo) Communications, notes, records, and reports 
19 arising out of a peer support counseling session 
20 prohibited from disclosure under the First Responders 
21 Suicide Prevention Act. 
22  (pp) Names and all identifying information relating to 
23 an employee of an emergency services provider or law 
24 enforcement agency under the First Responders Suicide 
25 Prevention Act. 
26  (qq) Information and records held by the Department of 
 
 
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1 Public Health and its authorized representatives collected 
2 under the Reproductive Health Act. 
3  (rr) Information that is exempt from disclosure under 
4 the Cannabis Regulation and Tax Act. 
5  (ss) Data reported by an employer to the Department of 
6 Human Rights pursuant to Section 2-108 of the Illinois 
7 Human Rights Act.
8  (tt) Recordings made under the Children's Advocacy 
9 Center Act, except to the extent authorized under that 
10 Act. 
11  (uu) Information that is exempt from disclosure under 
12 Section 50 of the Sexual Assault Evidence Submission Act. 
13  (vv) Information that is exempt from disclosure under 
14 subsections (f) and (j) of Section 5-36 of the Illinois 
15 Public Aid Code. 
16  (ww) Information that is exempt from disclosure under 
17 Section 16.8 of the State Treasurer Act. 
18  (xx) Information that is exempt from disclosure or 
19 information that shall not be made public under the 
20 Illinois Insurance Code. 
21  (yy) Information prohibited from being disclosed under 
22 the Illinois Educational Labor Relations Act.
23  (zz) Information prohibited from being disclosed under 
24 the Illinois Public Labor Relations Act. 
25  (aaa) Information prohibited from being disclosed 
26 under Section 1-167 of the Illinois Pension Code. 
 
 
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1  (bbb) Information that is prohibited from disclosure 
2 by the Illinois Police Training Act and the Illinois State 
3 Police Act. 
4  (ccc) Records exempt from disclosure under Section 
5 2605-304 of the Illinois State Police Law of the Civil 
6 Administrative Code of Illinois. 
7  (ddd) Information prohibited from being disclosed 
8 under Section 35 of the Address Confidentiality for 
9 Victims of Domestic Violence, Sexual Assault, Human 
10 Trafficking, or Stalking Act. 
11  (eee) Information prohibited from being disclosed 
12 under subsection (b) of Section 75 of the Domestic 
13 Violence Fatality Review Act. 
14  (fff) Images from cameras under the Expressway Camera 
15 Act. This subsection (fff) is inoperative on and after 
16 July 1, 2023. 
17  (ggg) Information prohibited from disclosure under 
18 paragraph (3) of subsection (a) of Section 14 of the Nurse 
19 Agency Licensing Act. 
20  (hhh) Information submitted to the Department of State 
21 Police in an affidavit or application for an assault 
22 weapon endorsement, assault weapon attachment endorsement, 
23 .50 caliber rifle endorsement, or .50 caliber cartridge 
24 endorsement under the Firearm Owners Identification Card 
25 Act. 
26(Source: P.A. 101-13, eff. 6-12-19; 101-27, eff. 6-25-19; 
 
 
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1101-81, eff. 7-12-19; 101-221, eff. 1-1-20; 101-236, eff. 
21-1-20; 101-375, eff. 8-16-19; 101-377, eff. 8-16-19; 101-452, 
3eff. 1-1-20; 101-466, eff. 1-1-20; 101-600, eff. 12-6-19; 
4101-620, eff 12-20-19; 101-649, eff. 7-7-20; 101-652, eff. 
51-1-22; 101-656, eff. 3-23-21; 102-36, eff. 6-25-21; 102-237, 
6eff. 1-1-22; 102-292, eff. 1-1-22; 102-520, eff. 8-20-21; 
7102-559, eff. 8-20-21; 102-813, eff. 5-13-22; 102-946, eff. 
87-1-22; 102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; revised 
92-13-23.)

10 Section 10. The Firearm Owners Identification Card Act is 
11amended by changing Section 8 as follows:

12 (430 ILCS 65/8) (from Ch. 38, par. 83-8)
13 Sec. 8. Grounds for denial and revocation. The Illinois 
14State Police has authority to deny an application for or to 
15revoke and seize a Firearm Owner's Identification Card 
16previously issued under this Act only if the Illinois State 
17Police finds that the applicant or the person to whom such card 
18was issued is or was at the time of issuance:
19  (a) A person under 21 years of age who has been 
20 convicted of a misdemeanor other than a traffic offense or 
21 adjudged delinquent;
22  (b) This subsection (b) applies through the 180th day 
23 following July 12, 2019 (the effective date of Public Act 
24 101-80). A person under 21 years of age who does not have 
 
 
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1 the written consent of his parent or guardian to acquire 
2 and possess firearms and firearm ammunition, or whose 
3 parent or guardian has revoked such written consent, or 
4 where such parent or guardian does not qualify to have a 
5 Firearm Owner's Identification Card;
6  (b-5) This subsection (b-5) applies on and after the 
7 181st day following July 12, 2019 (the effective date of 
8 Public Act 101-80). A person under 21 years of age who is 
9 not an active duty member of the United States Armed 
10 Forces or the Illinois National Guard and does not have 
11 the written consent of his or her parent or guardian to 
12 acquire and possess firearms and firearm ammunition, or 
13 whose parent or guardian has revoked such written consent, 
14 or where such parent or guardian does not qualify to have a 
15 Firearm Owner's Identification Card; 
16  (c) A person convicted of a felony under the laws of 
17 this or any other jurisdiction;
18  (d) A person addicted to narcotics;
19  (e) A person who has been a patient of a mental health 
20 facility within the past 5 years or a person who has been a 
21 patient in a mental health facility more than 5 years ago 
22 who has not received the certification required under 
23 subsection (u) of this Section. An active law enforcement 
24 officer employed by a unit of government or a Department 
25 of Corrections employee authorized to possess firearms who 
26 is denied, revoked, or has his or her Firearm Owner's 
 
 
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1 Identification Card seized under this subsection (e) may 
2 obtain relief as described in subsection (c-5) of Section 
3 10 of this Act if the officer or employee did not act in a 
4 manner threatening to the officer or employee, another 
5 person, or the public as determined by the treating 
6 clinical psychologist or physician, and the officer or 
7 employee seeks mental health treatment;
8  (f) A person whose mental condition is of such a 
9 nature that it poses a clear and present danger to the 
10 applicant, any other person or persons, or the community;
11  (g) A person who has an intellectual disability;
12  (h) A person who intentionally makes a false statement 
13 in the Firearm Owner's Identification Card application or 
14 endorsement affidavit;
15  (i) A noncitizen who is unlawfully present in the 
16 United States under the laws of the United States;
17  (i-5) A noncitizen who has been admitted to the United 
18 States under a non-immigrant visa (as that term is defined 
19 in Section 101(a)(26) of the Immigration and Nationality 
20 Act (8 U.S.C. 1101(a)(26))), except that this subsection 
21 (i-5) does not apply to any noncitizen who has been 
22 lawfully admitted to the United States under a 
23 non-immigrant visa if that noncitizen is:
24   (1) admitted to the United States for lawful 
25 hunting or sporting purposes;
26   (2) an official representative of a foreign 
 
 
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1 government who is:
2    (A) accredited to the United States Government 
3 or the Government's mission to an international 
4 organization having its headquarters in the United 
5 States; or
6    (B) en route to or from another country to 
7 which that noncitizen is accredited;
8   (3) an official of a foreign government or 
9 distinguished foreign visitor who has been so 
10 designated by the Department of State;
11   (4) a foreign law enforcement officer of a 
12 friendly foreign government entering the United States 
13 on official business; or
14   (5) one who has received a waiver from the 
15 Attorney General of the United States pursuant to 18 
16 U.S.C. 922(y)(3);
17  (j) (Blank);
18  (k) A person who has been convicted within the past 5 
19 years of battery, assault, aggravated assault, violation 
20 of an order of protection, or a substantially similar 
21 offense in another jurisdiction, in which a firearm was 
22 used or possessed;
23  (l) A person who has been convicted of domestic 
24 battery, aggravated domestic battery, or a substantially 
25 similar offense in another jurisdiction committed before, 
26 on or after January 1, 2012 (the effective date of Public 
 
 
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1 Act 97-158). If the applicant or person who has been 
2 previously issued a Firearm Owner's Identification Card 
3 under this Act knowingly and intelligently waives the 
4 right to have an offense described in this paragraph (l) 
5 tried by a jury, and by guilty plea or otherwise, results 
6 in a conviction for an offense in which a domestic 
7 relationship is not a required element of the offense but 
8 in which a determination of the applicability of 18 U.S.C. 
9 922(g)(9) is made under Section 112A-11.1 of the Code of 
10 Criminal Procedure of 1963, an entry by the court of a 
11 judgment of conviction for that offense shall be grounds 
12 for denying an application for and for revoking and 
13 seizing a Firearm Owner's Identification Card previously 
14 issued to the person under this Act;
15  (m) (Blank);
16  (n) A person who is prohibited from acquiring or 
17 possessing firearms or firearm ammunition by any Illinois 
18 State statute or by federal law;
19  (o) A minor subject to a petition filed under Section 
20 5-520 of the Juvenile Court Act of 1987 alleging that the 
21 minor is a delinquent minor for the commission of an 
22 offense that if committed by an adult would be a felony; 
23  (p) An adult who had been adjudicated a delinquent 
24 minor under the Juvenile Court Act of 1987 for the 
25 commission of an offense that if committed by an adult 
26 would be a felony;
 
 
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1  (q) A person who is not a resident of the State of 
2 Illinois, except as provided in subsection (a-10) of 
3 Section 4; 
4  (r) A person who has been adjudicated as a person with 
5 a mental disability; 
6  (s) A person who has been found to have a 
7 developmental disability; 
8  (t) A person involuntarily admitted into a mental 
9 health facility; or 
10  (u) A person who has had his or her Firearm Owner's 
11 Identification Card revoked or denied under subsection (e) 
12 of this Section or item (iv) of paragraph (2) of 
13 subsection (a) of Section 4 of this Act because he or she 
14 was a patient in a mental health facility as provided in 
15 subsection (e) of this Section, shall not be permitted to 
16 obtain a Firearm Owner's Identification Card, after the 
17 5-year period has lapsed, unless he or she has received a 
18 mental health evaluation by a physician, clinical 
19 psychologist, or qualified examiner as those terms are 
20 defined in the Mental Health and Developmental 
21 Disabilities Code, and has received a certification that 
22 he or she is not a clear and present danger to himself, 
23 herself, or others. The physician, clinical psychologist, 
24 or qualified examiner making the certification and his or 
25 her employer shall not be held criminally, civilly, or 
26 professionally liable for making or not making the 
 
 
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1 certification required under this subsection, except for 
2 willful or wanton misconduct. This subsection does not 
3 apply to a person whose firearm possession rights have 
4 been restored through administrative or judicial action 
5 under Section 10 or 11 of this Act. 
6 Upon revocation of a person's Firearm Owner's 
7Identification Card, the Illinois State Police shall provide 
8notice to the person and the person shall comply with Section 
99.5 of this Act. 
10(Source: P.A. 101-80, eff. 7-12-19; 102-538, eff. 8-20-21; 
11102-645, eff. 1-1-22; 102-813, eff. 5-13-22; 102-1030, eff. 
125-27-22; 102-1116, eff. 1-10-23.)

13 (430 ILCS 65/4.1 rep.)
14 Section 15. The Firearm Owners Identification Card Act is 
15amended by repealing Section 4.1.

16 Section 20. The Firearms Restraining Order Act is amended 
17by changing Sections 40, 45, and 55 as follows:

18 (430 ILCS 67/40)
19 Sec. 40. Plenary Six-month orders. 
20 (a) A petitioner may request a 6-month firearms 
21restraining order for up to one year by filing an affidavit or 
22verified pleading alleging that the respondent poses a 
23significant danger of causing personal injury to himself, 
 
 
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1herself, or another in the near future by having in his or her 
2custody or control, purchasing, possessing, or receiving a 
3firearm, ammunition, and firearm parts that could be assembled 
4to make an operable firearm. The petition shall also describe 
5the number, types, and locations of any firearms, ammunition, 
6and firearm parts that could be assembled to make an operable 
7firearm presently believed by the petitioner to be possessed 
8or controlled by the respondent. The firearms restraining 
9order may be renewed for an additional period of up to one year 
10in accordance with Section 45 of this Act. 
11 (b) If the respondent is alleged to pose a significant 
12danger of causing personal injury to an intimate partner, or 
13an intimate partner is alleged to have been the target of a 
14threat or act of violence by the respondent, the petitioner 
15shall make a good faith effort to provide notice to any and all 
16intimate partners of the respondent. The notice must include 
17the duration of time that the petitioner intends to petition 
18the court for a 6-month firearms restraining order, and, if 
19the petitioner is a law enforcement officer, referral to 
20relevant domestic violence or stalking advocacy or counseling 
21resources, if appropriate. The petitioner shall attest to 
22having provided the notice in the filed affidavit or verified 
23pleading. If, after making a good faith effort, the petitioner 
24is unable to provide notice to any or all intimate partners, 
25the affidavit or verified pleading should describe what 
26efforts were made.
 
 
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1 (c) Every person who files a petition for a plenary 
26-month firearms restraining order, knowing the information 
3provided to the court at any hearing or in the affidavit or 
4verified pleading to be false, is guilty of perjury under 
5Section 32-2 of the Criminal Code of 2012. 
6 (d) Upon receipt of a petition for a plenary 6-month 
7firearms restraining order, the court shall order a hearing 
8within 30 days. 
9 (e) In determining whether to issue a firearms restraining 
10order under this Section, the court shall consider evidence 
11including, but not limited to, the following: 
12  (1) The unlawful and reckless use, display, or 
13 brandishing of a firearm, ammunition, and firearm parts 
14 that could be assembled to make an operable firearm by the 
15 respondent. 
16  (2) The history of use, attempted use, or threatened 
17 use of physical force by the respondent against another 
18 person. 
19  (3) Any prior arrest of the respondent for a felony 
20 offense.
21  (4) Evidence of the abuse of controlled substances or 
22 alcohol by the respondent.
23  (5) A recent threat of violence or act of violence by 
24 the respondent directed toward himself, herself, or 
25 another.
26  (6) A violation of an emergency order of protection 
 
 
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1 issued under Section 217 of the Illinois Domestic Violence 
2 Act of 1986 or Section 112A-17 of the Code of Criminal 
3 Procedure of 1963 or of an order of protection issued 
4 under Section 214 of the Illinois Domestic Violence Act of 
5 1986 or Section 112A-14 of the Code of Criminal Procedure 
6 of 1963. 
7  (7) A pattern of violent acts or violent threats, 
8 including, but not limited to, threats of violence or acts 
9 of violence by the respondent directed toward himself, 
10 herself, or another.
11 (f) At the hearing, the petitioner shall have the burden 
12of proving, by clear and convincing evidence, that the 
13respondent poses a significant danger of personal injury to 
14himself, herself, or another by having in his or her custody or 
15control, purchasing, possessing, or receiving a firearm, 
16ammunition, and firearm parts that could be assembled to make 
17an operable firearm.
18 (g) If the court finds that there is clear and convincing 
19evidence to issue a plenary firearms restraining order, the 
20court shall issue a firearms restraining order that shall be 
21in effect for up to one year, but not less than 6 months, 6 
22months subject to renewal under Section 45 of this Act or 
23termination under that Section. 
24 (g-5) If the court issues a plenary 6-month firearms 
25restraining order, it shall, upon a finding of probable cause 
26that the respondent possesses firearms, ammunition, and 
 
 
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1firearm parts that could be assembled to make an operable 
2firearm, issue a search warrant directing a law enforcement 
3agency to seize the respondent's firearms, ammunition, and 
4firearm parts that could be assembled to make an operable 
5firearm. The court may, as part of that warrant, direct the law 
6enforcement agency to search the respondent's residence and 
7other places where the court finds there is probable cause to 
8believe he or she is likely to possess the firearms, 
9ammunition, and firearm parts that could be assembled to make 
10an operable firearm. A return of the search warrant shall be 
11filed by the law enforcement agency within 4 days thereafter, 
12setting forth the time, date, and location that the search 
13warrant was executed and what items, if any, were seized. 
14 (h) A plenary 6-month firearms restraining order shall 
15require:
16  (1) the respondent to refrain from having in his or 
17 her custody or control, purchasing, possessing, or 
18 receiving additional firearms, ammunition, and firearm 
19 parts that could be assembled to make an operable firearm 
20 for the duration of the order under Section 8.2 of the 
21 Firearm Owners Identification Card Act; and
22  (2) the respondent to comply with Section 9.5 of the 
23 Firearm Owners Identification Card Act and subsection (g) 
24 of Section 70 of the Firearm Concealed Carry Act.
25 (i) Except as otherwise provided in subsection (i-5) of 
26this Section, upon expiration of the period of safekeeping, if 
 
 
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1the firearms, ammunition, and firearm parts that could be 
2assembled to make an operable firearm or Firearm Owner's 
3Identification Card cannot be returned to the respondent 
4because the respondent cannot be located, fails to respond to 
5requests to retrieve the firearms, ammunition, and firearm 
6parts that could be assembled to make an operable firearm, or 
7is not lawfully eligible to possess a firearm, ammunition, and 
8firearm parts that could be assembled to make an operable 
9firearm, upon petition from the local law enforcement agency, 
10the court may order the local law enforcement agency to 
11destroy the firearms, ammunition, and firearm parts that could 
12be assembled to make an operable firearm, use the firearms, 
13ammunition, and firearm parts that could be assembled to make 
14an operable firearm for training purposes, or use the 
15firearms, ammunition, and firearm parts that could be 
16assembled to make an operable firearm for any other 
17application as deemed appropriate by the local law enforcement 
18agency.
19 (i-5) A respondent whose Firearm Owner's Identification 
20Card has been revoked or suspended may petition the court, if 
21the petitioner is present in court or has notice of the 
22respondent's petition, to transfer the respondent's firearm, 
23ammunition, and firearm parts that could be assembled to make 
24an operable firearm to a person who is lawfully able to possess 
25the firearm, ammunition, and firearm parts that could be 
26assembled to make an operable firearm if the person does not 
 
 
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1reside at the same address as the respondent. Notice of the 
2petition shall be served upon the person protected by the 
3emergency firearms restraining order. While the order is in 
4effect, the transferee who receives the respondent's firearms, 
5ammunition, and firearm parts that could be assembled to make 
6an operable firearm must swear or affirm by affidavit that he 
7or she shall not transfer the firearm, ammunition, and firearm 
8parts that could be assembled to make an operable firearm to 
9the respondent or to anyone residing in the same residence as 
10the respondent.
11 (i-6) If a person other than the respondent claims title 
12to any firearms, ammunition, and firearm parts that could be 
13assembled to make an operable firearm surrendered under this 
14Section, he or she may petition the court, if the petitioner is 
15present in court or has notice of the petition, to have the 
16firearm, ammunition, and firearm parts that could be assembled 
17to make an operable firearm returned to him or her. If the 
18court determines that person to be the lawful owner of the 
19firearm, ammunition, and firearm parts that could be assembled 
20to make an operable firearm, the firearm, ammunition, and 
21firearm parts that could be assembled to make an operable 
22firearm shall be returned to him or her, provided that:
23  (1) the firearm, ammunition, and firearm parts that 
24 could be assembled to make an operable firearm are removed 
25 from the respondent's custody, control, or possession and 
26 the lawful owner agrees to store the firearm, ammunition, 
 
 
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1 and firearm parts that could be assembled to make an 
2 operable firearm in a manner such that the respondent does 
3 not have access to or control of the firearm, ammunition, 
4 and firearm parts that could be assembled to make an 
5 operable firearm; and
6  (2) the firearm, ammunition, and firearm parts that 
7 could be assembled to make an operable firearm are not 
8 otherwise unlawfully possessed by the owner.
9 The person petitioning for the return of his or her 
10firearm, ammunition, and firearm parts that could be assembled 
11to make an operable firearm must swear or affirm by affidavit 
12that he or she: (i) is the lawful owner of the firearm, 
13ammunition, and firearm parts that could be assembled to make 
14an operable firearm; (ii) shall not transfer the firearm, 
15ammunition, and firearm parts that could be assembled to make 
16an operable firearm to the respondent; and (iii) will store 
17the firearm, ammunition, and firearm parts that could be 
18assembled to make an operable firearm in a manner that the 
19respondent does not have access to or control of the firearm, 
20ammunition, and firearm parts that could be assembled to make 
21an operable firearm. 
22 (j) If the court does not issue a firearms restraining 
23order at the hearing, the court shall dissolve any emergency 
24firearms restraining order then in effect.
25 (k) When the court issues a firearms restraining order 
26under this Section, the court shall inform the respondent that 
 
 
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1he or she is entitled to one hearing during the period of the 
2order to request a termination of the order, under Section 45 
3of this Act, and shall provide the respondent with a form to 
4request a hearing. 
5(Source: P.A. 101-81, eff. 7-12-19; 102-237, eff. 1-1-22; 
6102-345, eff. 6-1-22; 102-538, eff. 8-20-21; 102-813, eff. 
75-13-22; 102-1116, eff. 1-10-23.)

8 (430 ILCS 67/45)
9 Sec. 45. Termination and renewal. 
10 (a) A person subject to a firearms restraining order 
11issued under this Act may submit one written request at any 
12time during the effective period of the order for a hearing to 
13terminate the order.
14  (1) The respondent shall have the burden of proving by 
15 a preponderance of the evidence that the respondent does 
16 not pose a danger of causing personal injury to himself, 
17 herself, or another in the near future by having in his or 
18 her custody or control, purchasing, possessing, or 
19 receiving a firearm, ammunition, and firearm parts that 
20 could be assembled to make an operable firearm.
21  (2) If the court finds after the hearing that the 
22 respondent has met his or her burden, the court shall 
23 terminate the order. 
24 (b) A petitioner may request a renewal of a firearms 
25restraining order at any time within the 3 months before the 
 
 
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1expiration of a firearms restraining order.
2  (1) A court shall, after notice and a hearing, renew a 
3 firearms restraining order issued under this part if the 
4 petitioner proves, by clear and convincing evidence, that 
5 the respondent continues to pose a danger of causing 
6 personal injury to himself, herself, or another in the 
7 near future by having in his or her custody or control, 
8 purchasing, possessing, or receiving a firearm, 
9 ammunition, and firearm parts that could be assembled to 
10 make an operable firearm.
11  (2) In determining whether to renew a firearms 
12 restraining order issued under this Act, the court shall 
13 consider evidence of the facts identified in subsection 
14 (e) of Section 40 of this Act and any other evidence of an 
15 increased risk for violence. 
16  (3) At the hearing, the petitioner shall have the 
17 burden of proving by clear and convincing evidence that 
18 the respondent continues to pose a danger of causing 
19 personal injury to himself, herself, or another in the 
20 near future by having in his or her custody or control, 
21 purchasing, possessing, or receiving a firearm, 
22 ammunition, and firearm parts that could be assembled to 
23 make an operable firearm.
24  (4) The renewal of a firearms restraining order issued 
25 under this Section shall be in effect for 6 months up to 
26 one year and may be renewed for an additional period of up 
 
 
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1 to one year, subject to termination by further order of 
2 the court at a hearing held under this Section and further 
3 renewal by further order of the court under this Section.
4(Source: P.A. 101-81, eff. 7-12-19; 102-345, eff. 6-1-22; 
5102-1116, eff. 1-10-23.)

6 (430 ILCS 67/55)
7 Sec. 55. Data maintenance by law enforcement agencies. 
8 (a) All sheriffs shall furnish to the Illinois State 
9Police, daily, in the form and detail the Illinois State 
10Police requires, copies of any recorded firearms restraining 
11orders issued by the court, and any foreign orders of 
12protection filed by the clerk of the court, and transmitted to 
13the sheriff by the clerk of the court under Section 50. Each 
14firearms restraining order shall be entered in the Law 
15Enforcement Agencies Data System (LEADS) on the same day it is 
16issued by the court. If an emergency firearms restraining 
17order was issued in accordance with Section 35 of this Act, the 
18order shall be entered in the Law Enforcement Agencies Data 
19System (LEADS) as soon as possible after receipt from the 
20clerk.
21 (b) The Illinois State Police shall maintain a complete 
22and systematic record and index of all valid and recorded 
23firearms restraining orders issued or filed under this Act. 
24The data shall be used to inform all dispatchers and law 
25enforcement officers at the scene of a violation of a firearms 
 
 
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1restraining order of the effective dates and terms of any 
2recorded order of protection. 
3 (c) The data, records, and transmittals required under 
4this Section shall pertain to any valid emergency or plenary 
56-month firearms restraining order, whether issued in a civil 
6or criminal proceeding or authorized under the laws of another 
7state, tribe, or United States territory. 
8(Source: P.A. 101-81, eff. 7-12-19; 102-538, eff. 8-20-21; 
9102-1116, eff. 1-10-23.)

10 Section 25. The Criminal Code of 2012 is amended by 
11changing Section 24-1 as follows:

12 (720 ILCS 5/24-1) (from Ch. 38, par. 24-1)
13 Sec. 24-1. Unlawful use of weapons. 
14 (a) A person commits the offense of unlawful use of 
15weapons when he knowingly:
16  (1) Sells, manufactures, purchases, possesses or 
17 carries any bludgeon, black-jack, slung-shot, sand-club, 
18 sand-bag, metal knuckles or other knuckle weapon 
19 regardless of its composition, throwing star, or any 
20 knife, commonly referred to as a switchblade knife, which 
21 has a blade that opens automatically by hand pressure 
22 applied to a button, spring or other device in the handle 
23 of the knife, or a ballistic knife, which is a device that 
24 propels a knifelike blade as a projectile by means of a 
 
 
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1 coil spring, elastic material or compressed gas; or
2  (2) Carries or possesses with intent to use the same 
3 unlawfully against another, a dagger, dirk, billy, 
4 dangerous knife, razor, stiletto, broken bottle or other 
5 piece of glass, stun gun or taser or any other dangerous or 
6 deadly weapon or instrument of like character; or
7  (2.5) Carries or possesses with intent to use the same 
8 unlawfully against another, any firearm in a church, 
9 synagogue, mosque, or other building, structure, or place 
10 used for religious worship; or 
11  (3) Carries on or about his person or in any vehicle, a 
12 tear gas gun projector or bomb or any object containing 
13 noxious liquid gas or substance, other than an object 
14 containing a non-lethal noxious liquid gas or substance 
15 designed solely for personal defense carried by a person 
16 18 years of age or older; or
17  (4) Carries or possesses in any vehicle or concealed 
18 on or about his person except when on his land or in his 
19 own abode, legal dwelling, or fixed place of business, or 
20 on the land or in the legal dwelling of another person as 
21 an invitee with that person's permission, any pistol, 
22 revolver, stun gun or taser or other firearm, except that 
23 this subsection (a) (4) does not apply to or affect 
24 transportation of weapons that meet one of the following 
25 conditions:
26   (i) are broken down in a non-functioning state; or
 
 
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1   (ii) are not immediately accessible; or
2   (iii) are unloaded and enclosed in a case, firearm 
3 carrying box, shipping box, or other container by a 
4 person who has been issued a currently valid Firearm 
5 Owner's Identification Card; or
6   (iv) are carried or possessed in accordance with 
7 the Firearm Concealed Carry Act by a person who has 
8 been issued a currently valid license under the 
9 Firearm Concealed Carry Act; or 
10  (5) Sets a spring gun; or
11  (6) Possesses any device or attachment of any kind 
12 designed, used or intended for use in silencing the report 
13 of any firearm; or
14  (7) Sells, manufactures, purchases, possesses or 
15 carries:
16   (i) a machine gun, which shall be defined for the 
17 purposes of this subsection as any weapon, which 
18 shoots, is designed to shoot, or can be readily 
19 restored to shoot, automatically more than one shot 
20 without manually reloading by a single function of the 
21 trigger, including the frame or receiver of any such 
22 weapon, or sells, manufactures, purchases, possesses, 
23 or carries any combination of parts designed or 
24 intended for use in converting any weapon into a 
25 machine gun, or any combination or parts from which a 
26 machine gun can be assembled if such parts are in the 
 
 
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1 possession or under the control of a person;
2   (ii) any rifle having one or more barrels less 
3 than 16 inches in length or a shotgun having one or 
4 more barrels less than 18 inches in length or any 
5 weapon made from a rifle or shotgun, whether by 
6 alteration, modification, or otherwise, if such a 
7 weapon as modified has an overall length of less than 
8 26 inches; or
9   (iii) any bomb, bomb-shell, grenade, bottle or 
10 other container containing an explosive substance of 
11 over one-quarter ounce for like purposes, such as, but 
12 not limited to, black powder bombs and Molotov 
13 cocktails or artillery projectiles; or
14  (8) Carries or possesses any firearm, stun gun or 
15 taser or other deadly weapon in any place which is 
16 licensed to sell intoxicating beverages, or at any public 
17 gathering held pursuant to a license issued by any 
18 governmental body or any public gathering at which an 
19 admission is charged, excluding a place where a showing, 
20 demonstration or lecture involving the exhibition of 
21 unloaded firearms is conducted.
22  This subsection (a)(8) does not apply to any auction 
23 or raffle of a firearm held pursuant to a license or permit 
24 issued by a governmental body, nor does it apply to 
25 persons engaged in firearm safety training courses; or
26  (9) Carries or possesses in a vehicle or on or about 
 
 
HB4328- 31 -LRB103 34894 RLC 64761 b


1 his or her person any pistol, revolver, stun gun or taser 
2 or firearm or ballistic knife, when he or she is hooded, 
3 robed or masked in such manner as to conceal his or her 
4 identity; or
5  (10) Carries or possesses on or about his or her 
6 person, upon any public street, alley, or other public 
7 lands within the corporate limits of a city, village, or 
8 incorporated town, except when an invitee thereon or 
9 therein, for the purpose of the display of such weapon or 
10 the lawful commerce in weapons, or except when on his land 
11 or in his or her own abode, legal dwelling, or fixed place 
12 of business, or on the land or in the legal dwelling of 
13 another person as an invitee with that person's 
14 permission, any pistol, revolver, stun gun, or taser or 
15 other firearm, except that this subsection (a) (10) does 
16 not apply to or affect transportation of weapons that meet 
17 one of the following conditions:
18   (i) are broken down in a non-functioning state; or
19   (ii) are not immediately accessible; or
20   (iii) are unloaded and enclosed in a case, firearm 
21 carrying box, shipping box, or other container by a 
22 person who has been issued a currently valid Firearm 
23 Owner's Identification Card; or
24   (iv) are carried or possessed in accordance with 
25 the Firearm Concealed Carry Act by a person who has 
26 been issued a currently valid license under the 
 
 
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1 Firearm Concealed Carry Act. 
2  A "stun gun or taser", as used in this paragraph (a) 
3 means (i) any device which is powered by electrical 
4 charging units, such as, batteries, and which fires one or 
5 several barbs attached to a length of wire and which, upon 
6 hitting a human, can send out a current capable of 
7 disrupting the person's nervous system in such a manner as 
8 to render him incapable of normal functioning or (ii) any 
9 device which is powered by electrical charging units, such 
10 as batteries, and which, upon contact with a human or 
11 clothing worn by a human, can send out current capable of 
12 disrupting the person's nervous system in such a manner as 
13 to render him incapable of normal functioning; or
14  (11) Sells, manufactures, delivers, imports, 
15 possesses, or purchases any assault weapon attachment or 
16 .50 caliber cartridge in violation of Section 24-1.9 or 
17 any explosive bullet. For purposes of this paragraph (a) 
18 "explosive bullet" means the projectile portion of an 
19 ammunition cartridge which contains or carries an 
20 explosive charge which will explode upon contact with the 
21 flesh of a human or an animal. "Cartridge" means a tubular 
22 metal case having a projectile affixed at the front 
23 thereof and a cap or primer at the rear end thereof, with 
24 the propellant contained in such tube between the 
25 projectile and the cap; or
26  (12) (Blank); or
 
 
HB4328- 33 -LRB103 34894 RLC 64761 b


1  (13) Carries or possesses on or about his or her 
2 person while in a building occupied by a unit of 
3 government, a billy club, other weapon of like character, 
4 or other instrument of like character intended for use as 
5 a weapon. For the purposes of this Section, "billy club" 
6 means a short stick or club commonly carried by police 
7 officers which is either telescopic or constructed of a 
8 solid piece of wood or other man-made material; or
9  (14) Manufactures, possesses, sells, or offers to 
10 sell, purchase, manufacture, import, transfer, or use any 
11 device, part, kit, tool, accessory, or combination of 
12 parts that is designed to and functions to increase the 
13 rate of fire of a semiautomatic firearm above the standard 
14 rate of fire for semiautomatic firearms that is not 
15 equipped with that device, part, or combination of parts; 
16 or
17  (15) Carries or possesses any assault weapon or .50 
18 caliber rifle in violation of Section 24-1.9; or
19  (16) Manufactures, sells, delivers, imports, or 
20 purchases any assault weapon or .50 caliber rifle in 
21 violation of Section 24-1.9. 
22 (b) Sentence. A person convicted of a violation of 
23subsection 24-1(a)(1) through (5), subsection 24-1(a)(10), 
24subsection 24-1(a)(11), or subsection 24-1(a)(13), or 
2524-1(a)(15) commits a Class A misdemeanor. A person convicted 
26of a violation of subsection 24-1(a)(8) or 24-1(a)(9) commits 
 
 
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1a Class 4 felony; a person convicted of a violation of 
2subsection 24-1(a)(6), or 24-1(a)(7)(ii), 24-1(a)(7)(iii), or 
324-1(a)(16) or (iii) commits a Class 3 felony. A person 
4convicted of a violation of subsection 24-1(a)(7)(i) commits a 
5Class 2 felony and shall be sentenced to a term of imprisonment 
6of not less than 3 years and not more than 7 years, unless the 
7weapon is possessed in the passenger compartment of a motor 
8vehicle as defined in Section 1-146 of the Illinois Vehicle 
9Code, or on the person, while the weapon is loaded, in which 
10case it shall be a Class X felony. A person convicted of a 
11second or subsequent violation of subsection 24-1(a)(4), 
1224-1(a)(8), 24-1(a)(9), or 24-1(a)(10), or 24-1(a)(15) commits 
13a Class 3 felony. A person convicted of a violation of 
14subsection 24-1(a)(2.5) or 24-1(a)(14) commits a Class 2 
15felony. The possession of each weapon or device in violation 
16of this Section constitutes a single and separate violation.
17 (c) Violations in specific places.
18  (1) A person who violates subsection 24-1(a)(6) or 
19 24-1(a)(7) in any school, regardless of the time of day or 
20 the time of year, in residential property owned, operated 
21 or managed by a public housing agency or leased by a public 
22 housing agency as part of a scattered site or mixed-income 
23 development, in a public park, in a courthouse, on the 
24 real property comprising any school, regardless of the 
25 time of day or the time of year, on residential property 
26 owned, operated or managed by a public housing agency or 
 
 
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1 leased by a public housing agency as part of a scattered 
2 site or mixed-income development, on the real property 
3 comprising any public park, on the real property 
4 comprising any courthouse, in any conveyance owned, leased 
5 or contracted by a school to transport students to or from 
6 school or a school related activity, in any conveyance 
7 owned, leased, or contracted by a public transportation 
8 agency, or on any public way within 1,000 feet of the real 
9 property comprising any school, public park, courthouse, 
10 public transportation facility, or residential property 
11 owned, operated, or managed by a public housing agency or 
12 leased by a public housing agency as part of a scattered 
13 site or mixed-income development commits a Class 2 felony 
14 and shall be sentenced to a term of imprisonment of not 
15 less than 3 years and not more than 7 years.
16  (1.5) A person who violates subsection 24-1(a)(4), 
17 24-1(a)(9), or 24-1(a)(10) in any school, regardless of 
18 the time of day or the time of year, in residential 
19 property owned, operated, or managed by a public housing 
20 agency or leased by a public housing agency as part of a 
21 scattered site or mixed-income development, in a public 
22 park, in a courthouse, on the real property comprising any 
23 school, regardless of the time of day or the time of year, 
24 on residential property owned, operated, or managed by a 
25 public housing agency or leased by a public housing agency 
26 as part of a scattered site or mixed-income development, 
 
 
HB4328- 36 -LRB103 34894 RLC 64761 b


1 on the real property comprising any public park, on the 
2 real property comprising any courthouse, in any conveyance 
3 owned, leased, or contracted by a school to transport 
4 students to or from school or a school related activity, 
5 in any conveyance owned, leased, or contracted by a public 
6 transportation agency, or on any public way within 1,000 
7 feet of the real property comprising any school, public 
8 park, courthouse, public transportation facility, or 
9 residential property owned, operated, or managed by a 
10 public housing agency or leased by a public housing agency 
11 as part of a scattered site or mixed-income development 
12 commits a Class 3 felony.
13  (2) A person who violates subsection 24-1(a)(1), 
14 24-1(a)(2), or 24-1(a)(3) in any school, regardless of the 
15 time of day or the time of year, in residential property 
16 owned, operated or managed by a public housing agency or 
17 leased by a public housing agency as part of a scattered 
18 site or mixed-income development, in a public park, in a 
19 courthouse, on the real property comprising any school, 
20 regardless of the time of day or the time of year, on 
21 residential property owned, operated or managed by a 
22 public housing agency or leased by a public housing agency 
23 as part of a scattered site or mixed-income development, 
24 on the real property comprising any public park, on the 
25 real property comprising any courthouse, in any conveyance 
26 owned, leased or contracted by a school to transport 
 
 
HB4328- 37 -LRB103 34894 RLC 64761 b


1 students to or from school or a school related activity, 
2 in any conveyance owned, leased, or contracted by a public 
3 transportation agency, or on any public way within 1,000 
4 feet of the real property comprising any school, public 
5 park, courthouse, public transportation facility, or 
6 residential property owned, operated, or managed by a 
7 public housing agency or leased by a public housing agency 
8 as part of a scattered site or mixed-income development 
9 commits a Class 4 felony. "Courthouse" means any building 
10 that is used by the Circuit, Appellate, or Supreme Court 
11 of this State for the conduct of official business.
12  (3) Paragraphs (1), (1.5), and (2) of this subsection 
13 (c) shall not apply to law enforcement officers or 
14 security officers of such school, college, or university 
15 or to students carrying or possessing firearms for use in 
16 training courses, parades, hunting, target shooting on 
17 school ranges, or otherwise with the consent of school 
18 authorities and which firearms are transported unloaded 
19 enclosed in a suitable case, box, or transportation 
20 package.
21  (4) For the purposes of this subsection (c), "school" 
22 means any public or private elementary or secondary 
23 school, community college, college, or university.
24  (5) For the purposes of this subsection (c), "public 
25 transportation agency" means a public or private agency 
26 that provides for the transportation or conveyance of 
 
 
HB4328- 38 -LRB103 34894 RLC 64761 b


1 persons by means available to the general public, except 
2 for transportation by automobiles not used for conveyance 
3 of the general public as passengers; and "public 
4 transportation facility" means a terminal or other place 
5 where one may obtain public transportation. 
6 (d) The presence in an automobile other than a public 
7omnibus of any weapon, instrument or substance referred to in 
8subsection (a)(7) is prima facie evidence that it is in the 
9possession of, and is being carried by, all persons occupying 
10such automobile at the time such weapon, instrument or 
11substance is found, except under the following circumstances: 
12(i) if such weapon, instrument or instrumentality is found 
13upon the person of one of the occupants therein; or (ii) if 
14such weapon, instrument or substance is found in an automobile 
15operated for hire by a duly licensed driver in the due, lawful 
16and proper pursuit of his or her trade, then such presumption 
17shall not apply to the driver.
18 (e) Exemptions.
19  (1) Crossbows, Common or Compound bows and Underwater 
20 Spearguns are exempted from the definition of ballistic 
21 knife as defined in paragraph (1) of subsection (a) of 
22 this Section.
23  (2) The provision of paragraph (1) of subsection (a) 
24 of this Section prohibiting the sale, manufacture, 
25 purchase, possession, or carrying of any knife, commonly 
26 referred to as a switchblade knife, which has a blade that 
 
 
HB4328- 39 -LRB103 34894 RLC 64761 b


1 opens automatically by hand pressure applied to a button, 
2 spring or other device in the handle of the knife, does not 
3 apply to a person who possesses a currently valid Firearm 
4 Owner's Identification Card previously issued in his or 
5 her name by the Illinois State Police or to a person or an 
6 entity engaged in the business of selling or manufacturing 
7 switchblade knives. 
8(Source: P.A. 101-223, eff. 1-1-20; 102-538, eff. 8-20-21; 
9102-1116, eff. 1-10-23.)

10 (720 ILCS 5/24-1.9 rep.)
11 (720 ILCS 5/24-1.10 rep.)
12 Section 30. The Criminal Code of 2012 is amended by 
13repealing Sections 24-1.9 and 24-1.10.