104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB4045

Introduced , by Rep. Justin Slaughter

SYNOPSIS AS INTRODUCED:

`720 ILCS 5/24-1`	`from Ch. 38, par. 24-1`
`720 ILCS 5/24-2`
`815 ILCS 505/2DDDD`

Provides that the Act may be referred to as the Responsible Gun Manufacturing Act. Amends the Criminal Code of 2012. Provides that a person commits the offense of unlawful possession of weapons when the person knowingly manufactures, sells, or offers to sell, purchases, receives, manufactures, imports, or transfers a convertible pistol. Establishes penalties. Provides exemptions. Provides that a machine gun also includes any convertible pistol equipped with a switch. Defines "convertible pistol", "switch", and "common household tool". Amends the Consumer Fraud and Deceptive Business Practices Act. Provides that reasonable controls by firearm industry members include reasonable procedures, safeguards, and business practices that are designed to prevent the installation and use of a switch with a firearm. Contains a severability provision.

LRB104 13377 RLC 25702 b

A BILL FOR

HB4045

LRB104 13377 RLC 25702 b

1 AN ACT concerning firearms.

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

3 represented in the General Assembly:

4 Section 1. This Act may be referred to as the Responsible

5 Gun Manufacturing Act.

6 Section 5. The Criminal Code of 2012 is amended by

7 changing Sections 24-1 and 24-2 as follows:

8 (720 ILCS 5/24-1) (from Ch. 38, par. 24-1)

9 Sec. 24-1. Unlawful possession of weapons.

10 (a) A person commits the offense of unlawful possession of

11 weapons when he knowingly:

12 (1) Sells, manufactures, purchases, possesses or

13 carries any bludgeon, black-jack, slung-shot, sand-club,

14 sand-bag, metal knuckles or other knuckle weapon

15 regardless of its composition, throwing star, or any

16 knife, commonly referred to as a switchblade knife, which

17 has a blade that opens automatically by hand pressure

18 applied to a button, spring or other device in the handle

19 of the knife, or a ballistic knife, which is a device that

20 propels a knifelike blade as a projectile by means of a

21 coil spring, elastic material or compressed gas; or

22 (2) Carries or possesses with intent to use the same

HB4045

- 2 -

LRB104 13377 RLC 25702 b

1 unlawfully against another, a dagger, dirk, billy,

2 dangerous knife, razor, stiletto, broken bottle or other

3 piece of glass, stun gun or taser or any other dangerous or

4 deadly weapon or instrument of like character; or

5 (2.5) Carries or possesses with intent to use the same

6 unlawfully against another, any firearm in a church,

7 synagogue, mosque, or other building, structure, or place

8 used for religious worship; or

9 (3) Carries on or about his person or in any vehicle, a

10 tear gas gun projector or bomb or any object containing

11 noxious liquid gas or substance, other than an object

12 containing a non-lethal noxious liquid gas or substance

13 designed solely for personal defense carried by a person

14 18 years of age or older; or

15 (4) Carries or possesses in any vehicle or concealed

16 on or about his person except when on his land or in his

17 own abode, legal dwelling, or fixed place of business, or

18 on the land or in the legal dwelling of another person as

19 an invitee with that person's permission, any pistol,

20 revolver, stun gun or taser or other firearm, except that

21 this subsection (a)(4) does not apply to or affect

22 transportation of weapons that meet one of the following

23 conditions:

24 (i) are broken down in a non-functioning state; or

25 (ii) are not immediately accessible; or

26 (iii) are unloaded and enclosed in a case, firearm

HB4045

- 3 -

LRB104 13377 RLC 25702 b

1 carrying box, shipping box, or other container by a

2 person who has been issued a currently valid Firearm

3 Owner's Identification Card; or

4 (iv) are carried or possessed in accordance with

5 the Firearm Concealed Carry Act by a person who has

6 been issued a currently valid license under the

7 Firearm Concealed Carry Act; or

8 (5) Sets a spring gun; or

9 (6) Possesses any device or attachment of any kind

10 designed, used or intended for use in silencing the report

11 of any firearm; or

12 (7) Sells, manufactures, purchases, possesses or

13 carries:

14 (i) a machine gun, which shall be defined for the

15 purposes of this subsection as any weapon, which

16 shoots, is designed to shoot, or can be readily

17 restored to shoot, automatically more than one shot

18 without manually reloading by a single function of the

19 trigger, including the frame or receiver of any such

20 weapon, or sells, manufactures, purchases, possesses,

21 or carries any combination of parts designed or

22 intended for use in converting any weapon into a

23 machine gun, or any combination or parts from which a

24 machine gun can be assembled if such parts are in the

25 possession or under the control of a person. Machine

26 gun also includes any convertible pistol equipped with

HB4045

- 4 -

LRB104 13377 RLC 25702 b

1 a switch, as defined in paragraph (17) of this

2 subsection (a); or ~~;~~

3 (ii) any rifle having one or more barrels less

4 than 16 inches in length or a shotgun having one or

5 more barrels less than 18 inches in length or any

6 weapon made from a rifle or shotgun, whether by

7 alteration, modification, or otherwise, if such a

8 weapon as modified has an overall length of less than

9 26 inches; or

10 (iii) any bomb, bomb-shell, grenade, bottle or

11 other container containing an explosive substance of

12 over one-quarter ounce for like purposes, such as, but

13 not limited to, black powder bombs and Molotov

14 cocktails or artillery projectiles; or

15 (8) Carries or possesses any firearm, stun gun or

16 taser or other deadly weapon in any place which is

17 licensed to sell intoxicating beverages, or at any public

18 gathering held pursuant to a license issued by any

19 governmental body or any public gathering at which an

20 admission is charged, excluding a place where a showing,

21 demonstration or lecture involving the exhibition of

22 unloaded firearms is conducted.

23 This subsection (a)(8) does not apply to any auction

24 or raffle of a firearm held pursuant to a license or permit

25 issued by a governmental body, nor does it apply to

26 persons engaged in firearm safety training courses; or

HB4045

- 5 -

LRB104 13377 RLC 25702 b

1 (9) Carries or possesses in a vehicle or on or about

2 his or her person any pistol, revolver, stun gun or taser

3 or firearm or ballistic knife, when he or she is hooded,

4 robed or masked in such manner as to conceal his or her

5 identity; or

6 (10) Carries or possesses on or about his or her

7 person, upon any public street, alley, or other public

8 lands within the corporate limits of a city, village, or

9 incorporated town, except when an invitee thereon or

10 therein, for the purpose of the display of such weapon or

11 the lawful commerce in weapons, or except when on his land

12 or in his or her own abode, legal dwelling, or fixed place

13 of business, or on the land or in the legal dwelling of

14 another person as an invitee with that person's

15 permission, any pistol, revolver, stun gun, or taser or

16 other firearm, except that this subsection (a)(10) does

17 not apply to or affect transportation of weapons that meet

18 one of the following conditions:

19 (i) are broken down in a non-functioning state; or

20 (ii) are not immediately accessible; or

21 (iii) are unloaded and enclosed in a case, firearm

22 carrying box, shipping box, or other container by a

23 person who has been issued a currently valid Firearm

24 Owner's Identification Card; or

25 (iv) are carried or possessed in accordance with

26 the Firearm Concealed Carry Act by a person who has

HB4045

- 6 -

LRB104 13377 RLC 25702 b

1 been issued a currently valid license under the

2 Firearm Concealed Carry Act.

3 A "stun gun or taser", as used in this paragraph (a)

4 means (i) any device which is powered by electrical

5 charging units, such as, batteries, and which fires one or

6 several barbs attached to a length of wire and which, upon

7 hitting a human, can send out a current capable of

8 disrupting the person's nervous system in such a manner as

9 to render him incapable of normal functioning or (ii) any

10 device which is powered by electrical charging units, such

11 as batteries, and which, upon contact with a human or

12 clothing worn by a human, can send out current capable of

13 disrupting the person's nervous system in such a manner as

14 to render him incapable of normal functioning; or

15 (11) Sells, manufactures, delivers, imports,

16 possesses, or purchases any assault weapon attachment or

17 .50 caliber cartridge in violation of Section 24-1.9 or

18 any explosive bullet. For purposes of this paragraph (a)

19 "explosive bullet" means the projectile portion of an

20 ammunition cartridge which contains or carries an

21 explosive charge which will explode upon contact with the

22 flesh of a human or an animal. "Cartridge" means a tubular

23 metal case having a projectile affixed at the front

24 thereof and a cap or primer at the rear end thereof, with

25 the propellant contained in such tube between the

26 projectile and the cap; or

HB4045

- 7 -

LRB104 13377 RLC 25702 b

1 (12) (Blank); or

2 (13) Carries or possesses on or about his or her

3 person while in a building occupied by a unit of

4 government, a billy club, other weapon of like character,

5 or other instrument of like character intended for use as

6 a weapon. For the purposes of this Section, "billy club"

7 means a short stick or club commonly carried by police

8 officers which is either telescopic or constructed of a

9 solid piece of wood or other man-made material; or

10 (14) Manufactures, possesses, sells, or offers to

11 sell, purchase, manufacture, import, transfer, or use any

12 device, part, kit, tool, accessory, or combination of

13 parts that is designed to and functions to increase the

14 rate of fire of a semiautomatic firearm above the standard

15 rate of fire for semiautomatic firearms that is not

16 equipped with that device, part, or combination of parts;

17 or

18 (15) Carries or possesses any assault weapon or .50

19 caliber rifle in violation of Section 24-1.9; or

20 (16) Manufactures, sells, delivers, imports, or

21 purchases any assault weapon or .50 caliber rifle in

22 violation of Section 24-1.9; or ~~.~~

23 (17) Manufactures, sells, or offers to sell,

24 purchases, receives, manufactures, imports, or transfers a

25 convertible pistol. In this paragraph (17):

26 "Convertible pistol" means any semiautomatic pistol

HB4045

- 8 -

LRB104 13377 RLC 25702 b

1 with a cruciform trigger bar that can be readily converted

2 by hand or with common household tools into a machine gun

3 by the installation or attachment of a switch as a

4 replacement for the slide's backplate without any

5 additional engineering, machining, or modification of the

6 pistol's trigger mechanism. "Machine gun-convertible

7 pistol" does not include a hammer-fired semiautomatic

8 pistol or a striker-fired semiautomatic pistol that lacks

9 a cruciform trigger bar, but instead has a trigger bar

10 that is shielded from interference by a pistol converter.

11 A polymer notch or other piece of polymer molded into the

12 rear of the pistol frame does not prevent ready conversion

13 into a machine gun and will not prevent a pistol from

14 qualifying as convertible under this definition.

15 "Switch" means any device or instrument that when

16 installed in or attached to the slide of a semi-automatic

17 pistol interferes with the trigger mechanism and thereby

18 enables the pistol to discharge a number of shots rapidly

19 or automatically with one continuous pull of the trigger.

20 "Common household tool" means a screwdriver (8 to 10

21 inches in length, flathead or phillips, flathead sizes up

22 to 5/8 inches), pipe wrenches (9 1/2 to 10 inches in

23 length), vice grip pliers (9 1/2 to 10 inches in length),

24 other pliers (9 1/2 to 10 inches arch joint, 6 to 6

25 1/2-inch slip joint, 6 to 6 1/2-inch long nose), hacksaws

26 (12-inch standard carbon steel blade), crowbars (16-inch),

HB4045

- 9 -

LRB104 13377 RLC 25702 b

1 electric/cordless drills (1/3 horsepower corded/9.6 volt

2 cordless), hammers (16-ounce), chisels (1/4-inch to 1-inch

3 blade width wood chisels), and crescent wrenches

4 (10-inch).

5 (b) Sentence. A person convicted of a violation of

6 subsection 24-1(a)(1) through (5), subsection 24-1(a)(10),

7 subsection 24-1(a)(11), subsection 24-1(a)(13), or 24-1(a)(15)

8 commits a Class A misdemeanor. A person convicted of a

9 violation of subsection 24-1(a)(8) or 24-1(a)(9) commits a

10 Class 4 felony; a person convicted of a violation of

11 subsection 24-1(a)(6), 24-1(a)(7)(ii), 24-1(a)(7)(iii), or

12 24-1(a)(16) commits a Class 3 felony. A person convicted of a

13 violation of subsection 24-1(a)(7)(i) or 24-1(a)(17) commits a

14 Class 2 felony and shall be sentenced to a term of imprisonment

15 of not less than 3 years and not more than 7 years, unless the

16 weapon is possessed in the passenger compartment of a motor

17 vehicle as defined in Section 1-146 of the Illinois Vehicle

18 Code, or on the person, while the weapon is loaded, in which

19 case it shall be a Class X felony. A person convicted of a

20 second or subsequent violation of subsection 24-1(a)(4),

21 24-1(a)(8), 24-1(a)(9), 24-1(a)(10), or 24-1(a)(15) commits a

22 Class 3 felony. A person convicted of a violation of

23 subsection 24-1(a)(2.5) or 24-1(a)(14) commits a Class 2

24 felony. The possession of each weapon or device in violation

25 of this Section constitutes a single and separate violation.

26 (c) Violations in specific places.

HB4045

- 10 -

LRB104 13377 RLC 25702 b

1 (1) A person who violates subsection 24-1(a)(6) or

2 24-1(a)(7) in any school, regardless of the time of day or

3 the time of year, in residential property owned, operated

4 or managed by a public housing agency or leased by a public

5 housing agency as part of a scattered site or mixed-income

6 development, in a public park, in a courthouse, on the

7 real property comprising any school, regardless of the

8 time of day or the time of year, on residential property

9 owned, operated or managed by a public housing agency or

10 leased by a public housing agency as part of a scattered

11 site or mixed-income development, on the real property

12 comprising any public park, on the real property

13 comprising any courthouse, in any conveyance owned, leased

14 or contracted by a school to transport students to or from

15 school or a school related activity, in any conveyance

16 owned, leased, or contracted by a public transportation

17 agency, or on any public way within 1,000 feet of the real

18 property comprising any school, public park, courthouse,

19 public transportation facility, or residential property

20 owned, operated, or managed by a public housing agency or

21 leased by a public housing agency as part of a scattered

22 site or mixed-income development commits a Class 2 felony

23 and shall be sentenced to a term of imprisonment of not

24 less than 3 years and not more than 7 years.

25 (1.5) A person who violates subsection 24-1(a)(4),

26 24-1(a)(9), or 24-1(a)(10) in any school, regardless of

HB4045

- 11 -

LRB104 13377 RLC 25702 b

1 the time of day or the time of year, in residential

2 property owned, operated, or managed by a public housing

3 agency or leased by a public housing agency as part of a

4 scattered site or mixed-income development, in a public

5 park, in a courthouse, on the real property comprising any

6 school, regardless of the time of day or the time of year,

7 on residential property owned, operated, or managed by a

8 public housing agency or leased by a public housing agency

9 as part of a scattered site or mixed-income development,

10 on the real property comprising any public park, on the

11 real property comprising any courthouse, in any conveyance

12 owned, leased, or contracted by a school to transport

13 students to or from school or a school related activity,

14 in any conveyance owned, leased, or contracted by a public

15 transportation agency, or on any public way within 1,000

16 feet of the real property comprising any school, public

17 park, courthouse, public transportation facility, or

18 residential property owned, operated, or managed by a

19 public housing agency or leased by a public housing agency

20 as part of a scattered site or mixed-income development

21 commits a Class 3 felony.

22 (2) A person who violates subsection 24-1(a)(1),

23 24-1(a)(2), or 24-1(a)(3) in any school, regardless of the

24 time of day or the time of year, in residential property

25 owned, operated or managed by a public housing agency or

26 leased by a public housing agency as part of a scattered

HB4045

- 12 -

LRB104 13377 RLC 25702 b

1 site or mixed-income development, in a public park, in a

2 courthouse, on the real property comprising any school,

3 regardless of the time of day or the time of year, on

4 residential property owned, operated or managed by a

5 public housing agency or leased by a public housing agency

6 as part of a scattered site or mixed-income development,

7 on the real property comprising any public park, on the

8 real property comprising any courthouse, in any conveyance

9 owned, leased or contracted by a school to transport

10 students to or from school or a school related activity,

11 in any conveyance owned, leased, or contracted by a public

12 transportation agency, or on any public way within 1,000

13 feet of the real property comprising any school, public

14 park, courthouse, public transportation facility, or

15 residential property owned, operated, or managed by a

16 public housing agency or leased by a public housing agency

17 as part of a scattered site or mixed-income development

18 commits a Class 4 felony. "Courthouse" means any building

19 that is used by the Circuit, Appellate, or Supreme Court

20 of this State for the conduct of official business.

21 (3) Paragraphs (1), (1.5), and (2) of this subsection

22 (c) shall not apply to law enforcement officers or

23 security officers of such school, college, or university

24 or to students carrying or possessing firearms for use in

25 training courses, parades, hunting, target shooting on

26 school ranges, or otherwise with the consent of school

HB4045

- 13 -

LRB104 13377 RLC 25702 b

1 authorities and which firearms are transported unloaded

2 enclosed in a suitable case, box, or transportation

3 package.

4 (4) For the purposes of this subsection (c), "school"

5 means any public or private elementary or secondary

6 school, community college, college, or university.

7 (5) For the purposes of this subsection (c), "public

8 transportation agency" means a public or private agency

9 that provides for the transportation or conveyance of

10 persons by means available to the general public, except

11 for transportation by automobiles not used for conveyance

12 of the general public as passengers; and "public

13 transportation facility" means a terminal or other place

14 where one may obtain public transportation.

15 (d) The presence in an automobile other than a public

16 omnibus of any weapon, instrument or substance referred to in

17 subsection (a)(7) is prima facie evidence that it is in the

18 possession of, and is being carried by, all persons occupying

19 such automobile at the time such weapon, instrument or

20 substance is found, except under the following circumstances:

21 (i) if such weapon, instrument or instrumentality is found

22 upon the person of one of the occupants therein; or (ii) if

23 such weapon, instrument or substance is found in an automobile

24 operated for hire by a duly licensed driver in the due, lawful

25 and proper pursuit of his or her trade, then such presumption

26 shall not apply to the driver.

HB4045

- 14 -

LRB104 13377 RLC 25702 b

1 (e) Exemptions.

2 (1) Crossbows, Common or Compound bows and Underwater

3 Spearguns are exempted from the definition of ballistic

4 knife as defined in paragraph (1) of subsection (a) of

5 this Section.

6 (2) The provision of paragraph (1) of subsection (a)

7 of this Section prohibiting the sale, manufacture,

8 purchase, possession, or carrying of any knife, commonly

9 referred to as a switchblade knife, which has a blade that

10 opens automatically by hand pressure applied to a button,

11 spring or other device in the handle of the knife, does not

12 apply to a person who possesses a currently valid Firearm

13 Owner's Identification Card previously issued in his or

14 her name by the Illinois State Police or to a person or an

15 entity engaged in the business of selling or manufacturing

16 switchblade knives.

17 (Source: P.A. 102-538, eff. 8-20-21; 102-1116, eff. 1-10-23;

18 103-822, eff. 1-1-25.)

19 (720 ILCS 5/24-2)

20 Sec. 24-2. Exemptions.

21 (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and

22 24-1(a)(13) and Section 24-1.6 do not apply to or affect any of

23 the following:

24 (1) Peace officers, and any person summoned by a peace

25 officer to assist in making arrests or preserving the

HB4045

- 15 -

LRB104 13377 RLC 25702 b

1 peace, while actually engaged in assisting such officer.

2 (2) Wardens, superintendents, and keepers of prisons,

3 penitentiaries, jails, and other institutions for the

4 detention of persons accused or convicted of an offense,

5 while in the performance of their official duty, or while

6 commuting between their homes and places of employment.

7 (3) Members of the Armed Services or Reserve Forces of

8 the United States or the Illinois National Guard or the

9 Reserve Officers Training Corps, while in the performance

10 of their official duty.

11 (4) Special agents employed by a railroad or a public

12 utility to perform police functions, and guards of armored

13 car companies, while actually engaged in the performance

14 of the duties of their employment or commuting between

15 their homes and places of employment; and watchmen while

16 actually engaged in the performance of the duties of their

17 employment.

18 (5) Persons licensed as private security contractors,

19 private detectives, or private alarm contractors, or

20 employed by a private security contractor, private

21 detective, or private alarm contractor agency licensed by

22 the Department of Financial and Professional Regulation,

23 if their duties include the carrying of a weapon under the

24 provisions of the Private Detective, Private Alarm,

25 Private Security, Fingerprint Vendor, and Locksmith Act of

26 2004, while actually engaged in the performance of the

HB4045

- 16 -

LRB104 13377 RLC 25702 b

1 duties of their employment or commuting between their

2 homes and places of employment. A person shall be

3 considered eligible for this exemption if he or she has

4 completed the required 20 hours of training for a private

5 security contractor, private detective, or private alarm

6 contractor, or employee of a licensed private security

7 contractor, private detective, or private alarm contractor

8 agency and 28 hours of required firearm training, and has

9 been issued a firearm control card by the Department of

10 Financial and Professional Regulation. Conditions for the

11 renewal of firearm control cards issued under the

12 provisions of this Section shall be the same as for those

13 cards issued under the provisions of the Private

14 Detective, Private Alarm, Private Security, Fingerprint

15 Vendor, and Locksmith Act of 2004. The firearm control

16 card shall be carried by the private security contractor,

17 private detective, or private alarm contractor, or

18 employee of the licensed private security contractor,

19 private detective, or private alarm contractor agency at

20 all times when he or she is in possession of a concealable

21 weapon permitted by his or her firearm control card.

22 (6) Any person regularly employed in a commercial or

23 industrial operation as a security guard for the

24 protection of persons employed and private property

25 related to such commercial or industrial operation, while

26 actually engaged in the performance of his or her duty or

HB4045

- 17 -

LRB104 13377 RLC 25702 b

1 traveling between sites or properties belonging to the

2 employer, and who, as a security guard, is a member of a

3 security force registered with the Department of Financial

4 and Professional Regulation; provided that such security

5 guard has successfully completed a course of study,

6 approved by and supervised by the Department of Financial

7 and Professional Regulation, consisting of not less than

8 48 hours of training that includes the theory of law

9 enforcement, liability for acts, and the handling of

10 weapons. A person shall be considered eligible for this

11 exemption if he or she has completed the required 20 hours

12 of training for a security officer and 28 hours of

13 required firearm training, and has been issued a firearm

14 control card by the Department of Financial and

15 Professional Regulation. Conditions for the renewal of

16 firearm control cards issued under the provisions of this

17 Section shall be the same as for those cards issued under

18 the provisions of the Private Detective, Private Alarm,

19 Private Security, Fingerprint Vendor, and Locksmith Act of

20 2004. The firearm control card shall be carried by the

21 security guard at all times when he or she is in possession

22 of a concealable weapon permitted by his or her firearm

23 control card.

24 (7) Agents and investigators of the Illinois

25 Legislative Investigating Commission authorized by the

26 Commission to carry the weapons specified in subsections

HB4045

- 18 -

LRB104 13377 RLC 25702 b

1 24-1(a)(3) and 24-1(a)(4), while on duty in the course of

2 any investigation for the Commission.

3 (8) Persons employed by a financial institution as a

4 security guard for the protection of other employees and

5 property related to such financial institution, while

6 actually engaged in the performance of their duties,

7 commuting between their homes and places of employment, or

8 traveling between sites or properties owned or operated by

9 such financial institution, and who, as a security guard,

10 is a member of a security force registered with the

11 Department; provided that any person so employed has

12 successfully completed a course of study, approved by and

13 supervised by the Department of Financial and Professional

14 Regulation, consisting of not less than 48 hours of

15 training which includes theory of law enforcement,

16 liability for acts, and the handling of weapons. A person

17 shall be considered to be eligible for this exemption if

18 he or she has completed the required 20 hours of training

19 for a security officer and 28 hours of required firearm

20 training, and has been issued a firearm control card by

21 the Department of Financial and Professional Regulation.

22 Conditions for renewal of firearm control cards issued

23 under the provisions of this Section shall be the same as

24 for those issued under the provisions of the Private

25 Detective, Private Alarm, Private Security, Fingerprint

26 Vendor, and Locksmith Act of 2004. The firearm control

HB4045

- 19 -

LRB104 13377 RLC 25702 b

1 card shall be carried by the security guard at all times

2 when he or she is in possession of a concealable weapon

3 permitted by his or her firearm control card. For purposes

4 of this subsection, "financial institution" means a bank,

5 savings and loan association, credit union, or company

6 providing armored car services.

7 (9) Any person employed by an armored car company to

8 drive an armored car, while actually engaged in the

9 performance of his duties.

10 (10) Persons who have been classified as peace

11 officers pursuant to the Peace Officer Fire Investigation

12 Act.

13 (11) Investigators of the Office of the State's

14 Attorneys Appellate Prosecutor authorized by the board of

15 governors of the Office of the State's Attorneys Appellate

16 Prosecutor to carry weapons pursuant to Section 7.06 of

17 the State's Attorneys Appellate Prosecutor's Act.

18 (12) Special investigators appointed by a State's

19 Attorney under Section 3-9005 of the Counties Code.

20 (12.5) Probation officers while in the performance of

21 their duties, or while commuting between their homes,

22 places of employment or specific locations that are part

23 of their assigned duties, with the consent of the chief

24 judge of the circuit for which they are employed, if they

25 have received weapons training according to requirements

26 of the Peace Officer and Probation Officer Firearm

HB4045

- 20 -

LRB104 13377 RLC 25702 b

1 Training Act.

2 (13) Court security officers ~~Security Officers~~ while

3 in the performance of their official duties, or while

4 commuting between their homes and places of employment,

5 with the consent of the sheriff ~~Sheriff~~.

6 (13.5) A person employed as an armed security guard at

7 a nuclear energy, storage, weapons, or development site or

8 facility regulated by the Nuclear Regulatory Commission

9 who has completed the background screening and training

10 mandated by the rules and regulations of the Nuclear

11 Regulatory Commission.

12 (14) Manufacture, transportation, or sale of weapons

13 to persons authorized under subdivisions (1) through

14 (13.5) of this subsection to possess those weapons.

15 (a-5) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply

16 to or affect any person carrying a concealed pistol, revolver,

17 or handgun and the person has been issued a currently valid

18 license under the Firearm Concealed Carry Act at the time of

19 the commission of the offense.

20 (a-6) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply

21 to or affect a qualified current or retired law enforcement

22 officer or a current or retired deputy, county correctional

23 officer, or correctional officer of the Department of

24 Corrections qualified under the laws of this State or under

25 the federal Law Enforcement Officers Safety Act.

26 (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section

HB4045

- 21 -

LRB104 13377 RLC 25702 b

1 24-1.6 do not apply to or affect any of the following:

2 (1) Members of any club or organization organized for

3 the purpose of practicing shooting at targets upon

4 established target ranges, whether public or private, and

5 patrons of such ranges, while such members or patrons are

6 using their firearms on those target ranges.

7 (2) Duly authorized military or civil organizations

8 while parading, with the special permission of the

9 Governor.

10 (3) Hunters, trappers, or fishermen while engaged in

11 lawful hunting, trapping, or fishing under the provisions

12 of the Wildlife Code or the Fish and Aquatic Life Code.

13 (4) Transportation of weapons that are broken down in

14 a non-functioning state or are not immediately accessible.

15 (5) Carrying or possessing any pistol, revolver, stun

16 gun or taser or other firearm on the land or in the legal

17 dwelling of another person as an invitee with that

18 person's permission.

19 (c) Subsection 24-1(a)(7) does not apply to or affect any

20 of the following:

21 (1) Peace officers while in performance of their

22 official duties.

23 (2) Wardens, superintendents, and keepers of prisons,

24 penitentiaries, jails, and other institutions for the

25 detention of persons accused or convicted of an offense.

26 (3) Members of the Armed Services or Reserve Forces of

HB4045

- 22 -

LRB104 13377 RLC 25702 b

1 the United States or the Illinois National Guard, while in

2 the performance of their official duty.

3 (4) Manufacture, transportation, or sale of machine

4 guns to persons authorized under subdivisions (1) through

5 (3) of this subsection to possess machine guns, if the

6 machine guns are broken down in a non-functioning state or

7 are not immediately accessible.

8 (5) Persons licensed under federal law to manufacture

9 any weapon from which 8 or more shots or bullets can be

10 discharged by a single function of the firing device, or

11 ammunition for such weapons, and actually engaged in the

12 business of manufacturing such weapons or ammunition, but

13 only with respect to activities which are within the

14 lawful scope of such business, such as the manufacture,

15 transportation, or testing of such weapons or ammunition.

16 This exemption does not authorize the general private

17 possession of any weapon from which 8 or more shots or

18 bullets can be discharged by a single function of the

19 firing device, but only such possession and activities as

20 are within the lawful scope of a licensed manufacturing

21 business described in this paragraph.

22 During transportation, such weapons shall be broken

23 down in a non-functioning state or not immediately

24 accessible.

25 (6) The manufacture, transport, testing, delivery,

26 transfer, or sale, and all lawful commercial or

HB4045

- 23 -

LRB104 13377 RLC 25702 b

1 experimental activities necessary thereto, of rifles,

2 shotguns, and weapons made from rifles or shotguns, or

3 ammunition for such rifles, shotguns, or weapons, where

4 engaged in by a person operating as a contractor or

5 subcontractor pursuant to a contract or subcontract for

6 the development and supply of such rifles, shotguns,

7 weapons, or ammunition to the United States government or

8 any branch of the Armed Forces of the United States, when

9 such activities are necessary and incident to fulfilling

10 the terms of such contract.

11 The exemption granted under this subdivision (c)(6)

12 shall also apply to any authorized agent of any such

13 contractor or subcontractor who is operating within the

14 scope of his employment, where such activities involving

15 such weapon, weapons, or ammunition are necessary and

16 incident to fulfilling the terms of such contract.

17 (7) A person possessing a rifle with a barrel or

18 barrels less than 16 inches in length if: (A) the person

19 has been issued a Curios and Relics license from the U.S.

20 Bureau of Alcohol, Tobacco, Firearms and Explosives; or

21 (B) the person is an active member of a bona fide,

22 nationally recognized military re-enacting group and the

23 modification is required and necessary to accurately

24 portray the weapon for historical re-enactment purposes;

25 the re-enactor is in possession of a valid and current

26 re-enacting group membership credential; and the overall

HB4045

- 24 -

LRB104 13377 RLC 25702 b

1 length of the weapon as modified is not less than 26

2 inches.

3 (d) Subsection 24-1(a)(1) does not apply to the purchase,

4 possession or carrying of a black-jack or slung-shot by a

5 peace officer.

6 (e) Subsection 24-1(a)(8) does not apply to any owner,

7 manager, or authorized employee of any place specified in that

8 subsection nor to any law enforcement officer.

9 (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and

10 Section 24-1.6 do not apply to members of any club or

11 organization organized for the purpose of practicing shooting

12 at targets upon established target ranges, whether public or

13 private, while using their firearms on those target ranges.

14 (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply

15 to:

16 (1) Members of the Armed Services or Reserve Forces of

17 the United States or the Illinois National Guard, while in

18 the performance of their official duty.

19 (2) Bonafide collectors of antique or surplus military

20 ordnance.

21 (3) Laboratories having a department of forensic

22 ballistics~~,~~ or specializing in the development of

23 ammunition or explosive ordnance.

24 (4) Commerce, preparation, assembly, or possession of

25 explosive bullets by manufacturers of ammunition licensed

26 by the federal government, in connection with the supply

HB4045

- 25 -

LRB104 13377 RLC 25702 b

1 of those organizations and persons exempted by subdivision

2 (g)(1) of this Section, or like organizations and persons

3 outside this State, or the transportation of explosive

4 bullets to any organization or person exempted in this

5 Section by a common carrier or by a vehicle owned or leased

6 by an exempted manufacturer.

7 (g-5) Subsection 24-1(a)(6) does not apply to or affect

8 persons licensed under federal law to manufacture any device

9 or attachment of any kind designed, used, or intended for use

10 in silencing the report of any firearm, firearms, or

11 ammunition for those firearms equipped with those devices, and

12 actually engaged in the business of manufacturing those

13 devices, firearms, or ammunition, but only with respect to

14 activities that are within the lawful scope of that business,

15 such as the manufacture, transportation, or testing of those

16 devices, firearms, or ammunition. This exemption does not

17 authorize the general private possession of any device or

18 attachment of any kind designed, used, or intended for use in

19 silencing the report of any firearm, but only such possession

20 and activities as are within the lawful scope of a licensed

21 manufacturing business described in this subsection (g-5).

22 During transportation, these devices shall be detached from

23 any weapon or not immediately accessible.

24 (g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section

25 24-1.6 do not apply to or affect any parole agent or parole

26 supervisor who meets the qualifications and conditions

HB4045

- 26 -

LRB104 13377 RLC 25702 b

1 prescribed in Section 3-14-1.5 of the Unified Code of

2 Corrections.

3 (g-7) Subsection 24-1(a)(6) does not apply to a peace

4 officer while serving as a member of a tactical response team

5 or special operations team. A peace officer may not personally

6 own or apply for ownership of a device or attachment of any

7 kind designed, used, or intended for use in silencing the

8 report of any firearm. These devices shall be owned and

9 maintained by lawfully recognized units of government whose

10 duties include the investigation of criminal acts.

11 (g-10) (Blank).

12 (g-11) Subsection 24-1(a)(17) does not apply to or effect

13 any of the following:

14 (1) Sales to or purchases by peace officers, as

15 defined in Section 2-13, for use in their official duties.

16 (2) Sales to or transfers by local law enforcement

17 agencies for the purpose of equipping the agency's peace

18 officers as defined in paragraph (1).

19 (3) Sales to wardens, superintendents, and keepers of

20 prisons, penitentiaries, jails, and other institutions for

21 use in the detention of persons accused or convicted of an

22 offense.

23 (4) Sales to or purchases by members of the Armed

24 Services or Reserve Forces of the United States or the

25 Illinois National Guard, for use in their official duties.

26 (5) Any company that employs armed security officers

HB4045

- 27 -

LRB104 13377 RLC 25702 b

1 in this State at a nuclear energy, storage, weapons, or

2 development site or facility regulated by the federal

3 Nuclear Regulatory Commission and any person employed as

4 an armed security force member at a nuclear energy

5 storage, weapons, or development site or facility

6 regulated by the federal Nuclear Regulatory Commission who

7 has completed the background screening and training

8 mandated by the rules and regulations of the federal

9 Nuclear Regulatory Commission and for the performance of

10 official duties.

11 (6) A firearm modified to render it permanently

12 inoperative.

13 (7) A certified licensed firearms dealer or

14 manufacturer who is:

15 (A) providing or servicing a convertible pistol

16 for a law enforcement unit or for personnel exempted

17 under paragraphs (1) through (5);

18 (B) acting to sell or transfer a convertible

19 pistol to a licensed firearm dealer in another state

20 or to an individual purchaser in another state through

21 a licensed firearms dealer; or

22 (C) acting to return to a customer in another

23 state a convertible pistol to the licensed firearms

24 dealer or manufacturer under the terms of a warranty

25 or for repair.

26 (8) Sales, purchases, or transfers to organizations

HB4045

- 28 -

LRB104 13377 RLC 25702 b

1 that are required or authorized by federal law governing

2 their specific business or activity to acquire convertible

3 pistols.

4 (9) The receipt of a convertible pistol by

5 inheritance, and possession of the convertible pistol, if

6 the decedent lawfully possessed the convertible pistol and

7 the person inheriting the convertible pistol is not

8 otherwise disqualified from possessing a firearm under

9 federal or State law.

10 (10) The receipt of a convertible pistol by a personal

11 representative of an estate for purposes of exercising the

12 powers and duties of a personal representative of an

13 estate.

14 (11) Receipt of a convertible pistol by a person who

15 is retired in good standing from service with a law

16 enforcement agency of the State or a local unit in the

17 State and is not otherwise prohibited from receiving a

18 convertible pistol if:

19 (A) the convertible pistol is sold or transferred

20 to the person by the law enforcement agency on

21 retirement; or

22 (B) the convertible pistol was purchased or

23 obtained by the person for official use with the law

24 enforcement agency before retirement.

25 (12) Transfer, receipt, and testing by, or shipping to

26 or from:

HB4045

- 29 -

LRB104 13377 RLC 25702 b

1 (A) an ISO 17025 accredited, National Institute of

2 Justice-approved ballistics testing laboratory; or

3 (B) a facility or entity that manufactures or

4 provides research and development testing, analysis,

5 or engineering for personal protective equipment or

6 vehicle protection systems.

7 (13) The temporary transfer of a convertible pistol

8 that was lawfully purchased and possessed prior to the

9 effective date of this amendatory Act of the 104th General

10 Assembly or otherwise lawfully obtained following the

11 effective date of this amendatory Act of the 104th General

12 Assembly to a certified licensed firearms dealer or

13 gunsmith for the purpose of servicing the convertible

14 pistol or the return of the convertible pistol to its

15 lawful owner by a certified licensed firearms dealer or

16 gunsmith upon the completion of servicing the convertible

17 pistol.

18 (14) The manufacture, transportation, sale, or rental

19 of blank firing convertible pistols to persons authorized

20 or permitted, or both authorized and permitted, to acquire

21 and possess these weapons or attachments for the purpose

22 of rental for use solely as props for a motion picture,

23 television, or video production or entertainment event.

24 (g-12) The Illinois State Police may adopt rules to

25 implement this amendatory Act of the 104th General Assembly.

26 Rules adopted to implement this amendatory Act of the 104th

HB4045

- 30 -

LRB104 13377 RLC 25702 b

1 General Assembly are exempt from the Illinois Administrative

2 Procedure Act.

3 (h) An information or indictment based upon a violation of

4 any subsection of this Article need not negate ~~negative~~ any

5 exemptions contained in this Article. The defendant shall have

6 the burden of proving such an exemption.

7 (i) Nothing in this Article shall prohibit, apply to, or

8 affect the transportation, carrying, or possession~~,~~ of any

9 pistol or revolver, stun gun, taser, or other firearm

10 consigned to a common carrier operating under license of the

11 State of Illinois or the federal government, where such

12 transportation, carrying, or possession is incident to the

13 lawful transportation in which such common carrier is engaged;

14 and nothing in this Article shall prohibit, apply to, or

15 affect the transportation, carrying, or possession of any

16 pistol, revolver, stun gun, taser, or other firearm, not the

17 subject of and regulated by subsection 24-1(a)(7) or

18 subsection 24-2(c) of this Article, which is unloaded and

19 enclosed in a case, firearm carrying box, shipping box, or

20 other container, by the possessor of a valid Firearm Owners

21 Identification Card.

22 (Source: P.A. 102-152, eff. 1-1-22; 102-779, eff. 1-1-23;

23 102-837, eff. 5-13-22; 103-154, eff. 6-30-23; revised

24 7-22-24.)

25 Section 10. The Consumer Fraud and Deceptive Business

HB4045

- 31 -

LRB104 13377 RLC 25702 b

1 Practices Act is amended by changing Section 2DDDD as follows:

2 (815 ILCS 505/2DDDD)

3 Sec. 2DDDD. Sale and marketing of firearms.

4 (a) As used in this Section:

5 "Firearm" has the meaning set forth in Section 1.1 of the

6 Firearm Owners Identification Card Act.

7 "Firearm accessory" means an attachment or device designed

8 or adapted to be inserted into, affixed onto, or used in

9 conjunction with a firearm that is designed, intended, or

10 functions to alter or enhance (i) the firing capabilities of a

11 firearm, frame, or receiver, (ii) the lethality of the

12 firearm, or (iii) a shooter's ability to hold and use a

13 firearm.

14 "Firearm ammunition" has the meaning set forth in Section

15 1.1 of the Firearm Owners Identification Card Act.

16 "Firearm industry member" means a person, firm,

17 corporation, company, partnership, society, joint stock

18 company, or any other entity or association engaged in the

19 design, manufacture, distribution, importation, marketing,

20 wholesale, or retail sale of firearm-related products,

21 including sales by mail, telephone, or Internet or in-person

22 sales.

23 "Firearm-related product" means a firearm, firearm

24 ammunition, a firearm precursor part, a firearm component, or

25 a firearm accessory that meets any of the following

HB4045

- 32 -

LRB104 13377 RLC 25702 b

1 conditions:

2 (1) the item is sold, made, or distributed in

3 Illinois;

4 (2) the item is intended to be sold or distributed in

5 Illinois; or

6 (3) the item is or was possessed in Illinois, and it

7 was reasonably foreseeable that the item would be

8 possessed in Illinois.

9 "Straw purchaser" means a person who (i) knowingly

10 purchases or attempts to purchase a firearm-related product

11 with intent to deliver that firearm-related product to another

12 person who is prohibited by federal or State law from

13 possessing a firearm-related product or (ii) intentionally

14 provides false or misleading information on a Bureau of

15 Alcohol, Tobacco, Firearms and Explosives firearms transaction

16 record form to purchase a firearm-related product with the

17 intent to deliver that firearm-related product to another

18 person.

19 "Unlawful paramilitary or private militia" means a group

20 of armed individuals, organized privately, in violation of the

21 Military Code of Illinois and Section 2 of Article XII of the

22 Illinois Constitution.

23 (b) It is an unlawful practice within the meaning of this

24 Act for any firearm industry member, through the sale,

25 manufacturing, importing, or marketing of a firearm-related

26 product, to do any of the following:

HB4045

- 33 -

LRB104 13377 RLC 25702 b

1 (1) Knowingly create, maintain, or contribute to a

2 condition in Illinois that endangers the safety or health

3 of the public by conduct either unlawful in itself or

4 unreasonable under all circumstances, including failing to

5 establish or utilize reasonable controls. Reasonable

6 controls include reasonable procedures, safeguards, and

7 business practices that are designed to:

8 (A) prevent the sale or distribution of a

9 firearm-related product to a straw purchaser, a person

10 prohibited by law from possessing a firearm, or a

11 person who the firearm industry member has reasonable

12 cause to believe is at substantial risk of using a

13 firearm-related product to harm themselves or another

14 individual or of possessing or using a firearm-related

15 product unlawfully;

16 (B) prevent the loss or theft of a firearm-related

17 product from the firearm industry member; ~~or~~

18 (C) comply with all provisions of applicable

19 local, State, and federal law, and do not otherwise

20 promote the unlawful manufacture, sale, possession,

21 marketing, or use of a firearm-related product; or ~~.~~

22 (D) prevent the installation and use of a switch,

23 as defined in paragraph (17) of subsection (a) of

24 Section 24-1 of the Criminal Code of 2012, with a

25 firearm.

26 (2) Advertise, market, or promote a firearm-related

HB4045

- 34 -

LRB104 13377 RLC 25702 b

1 product in a manner that reasonably appears to support,

2 recommend, or encourage individuals to engage in unlawful

3 paramilitary or private militia activity in Illinois, or

4 individuals who are not in the National Guard, United

5 States armed forces reserves, United States armed forces,

6 or any duly authorized military organization to use a

7 firearm-related product for a military-related purpose in

8 Illinois.

9 (3) Except as otherwise provided, advertise, market,

10 promote, design, or sell any firearm-related product in a

11 manner that reasonably appears to support, recommend, or

12 encourage persons under 18 years of age to unlawfully

13 purchase or possess or use a firearm-related product in

14 Illinois.

15 (A) In determining whether the conduct of a

16 firearm industry member, as described in this

17 paragraph, reasonably appears to support, recommend,

18 or encourage persons under 18 years of age to

19 unlawfully purchase a firearm-related product, a court

20 shall consider the totality of the circumstances,

21 including, but not limited to, whether the marketing,

22 advertising promotion, design, or sale:

23 (i) uses caricatures that reasonably appear to

24 be minors or cartoon characters;

25 (ii) offers brand name merchandise for minors,

26 including, but not limited to, clothing, toys,

HB4045

- 35 -

LRB104 13377 RLC 25702 b

1 games, or stuffed animals, that promotes a firearm

2 industry member or firearm-related product;

3 (iii) offers firearm-related products in

4 sizes, colors, or designs that are specifically

5 designed to be used by, or appeal to, minors;

6 (iv) is part of a marketing, advertising, or

7 promotion campaign designed with the intent to

8 appeal to minors;

9 (v) uses images or depictions of minors in

10 advertising or marketing, or promotion materials,

11 to depict the use of firearm-related products; or

12 (vi) is placed in a publication created for

13 the purpose of reaching an audience that is

14 predominantly composed of minors and not intended

15 for a more general audience composed of adults.

16 (B) This paragraph does not apply to

17 communications or promotional materials regarding

18 lawful recreational activity with a firearm, such as,

19 but not limited to, practice shooting at targets on

20 established public or private target ranges or

21 hunting, trapping, or fishing in accordance with the

22 Wildlife Code or the Fish and Aquatic Life Code.

23 (4) Otherwise engage in unfair methods of competition

24 or unfair or deceptive acts or practices declared unlawful

25 under Section 2 of this Act.

26 (c) Paragraphs (2), (3), and (4) of subsection (b) are

HB4045

- 36 -

LRB104 13377 RLC 25702 b

1 declarative of existing law and shall not be construed as new

2 enactments. The provisions of these paragraphs shall apply to

3 all actions commenced or pending on or after August 14, 2023

4 (the effective date of Public Act 103-559).

5 (d) The provisions of this Section are severable under

6 Section 1.31 of the Statute on Statutes.

7 (Source: P.A. 103-559, eff. 8-14-23; 103-605, eff. 7-1-24.)

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

9 severable under Section 1.31 of the Statute on Statutes.