Struck = removed from the bill ยท
added = the amendment's new text.
SB0008*LRB10407753RLC24847a* EnrolledSen. LRB104 07753 RLC 17798 b AN ACT concerning firearms.
BeLaura itEllman enactedFiled: by the People of the State of Illinois, represented in the General Assembly:
Section4/3/2025 1.10400SB0008sam001 LRB104 07753 RLC 24847 a AMENDMENT TO SENATE BILL 8 AMENDMENT NO.
Short______. title.
ThisAmend ActSenate mayBill be8 citedon aspage the3, Safeby Guninserting Storageimmediately Act.below line 16 the following:
Section"Section 5.85.
Storage of firearms.
A firearm owner shall not store or keep any firearm in any premises where the firearm owner knows or reasonably should know a minor without the lawful permission of the minor's parent, guardian, or person having charge of the minor, an at-risk person, or a prohibited person is likely to gain access to the firearm unless the firearm is secured in a locked container, properly engaged so as to render the firearm inaccessible or unusable to any person other than the owner or other lawfully authorized user.
If the firearm is carried by or under the control of the owner or other lawfully authorized user, then the firearm is deemed lawfully stored or kept.
This Section does not apply (i) if the minor, an at-risk person, or a prohibited person gains access to a firearm and uses it in a lawful act of self-defense or defense of another or (ii) to any firearm obtained by a minor, an at-risk person, or a prohibited person because of an unlawful entry of the premises by the minor, at-risk person, prohibited person or another person.
SB0008 Enrolled - 2 - LRB104 07753 RLC 17798 b Section 10.
Penalties;
violations.
(a) In this Act:
"At-risk person" means a person who has made statements or exhibited behavior that indicates to a reasonable person there is a likelihood that the person is at risk of attempting suicide or causing physical harm to oneself or others.
"Minor" means a person under 18 years of age;
however, "minor" does not include a member of the United States Armed Forces or the Illinois National Guard.
"Premises" includes any land, building, structure, vehicle, or place directly or indirectly under the control of the firearm owner.
"Prohibited person" means a person ineligible under federal or State law to possess a firearm.
"Prohibited person" does not include a person who is otherwise eligible to own a firearm pursuant to the Firearm Owners Identification Card Act but does not, at the time of the violation, have a Firearm Owner's Identification Card.
(b)(1) Except as otherwise provided in paragraphs (2) and (3) of this subsection (b), a violation of Section 5 is subject to a civil penalty not to exceed $500.
(2) If any person knows or reasonably should know that a minor, an at-risk person, or a prohibited person is likely to gain access to a firearm belonging to or under the control of that person, and a minor, an at-risk person, or a prohibited SB0008 Enrolled - 3 - LRB104 07753 RLC 17798 b person obtains the firearm, the civil penalty shall not exceed $1,000.
(3) If a minor, an at-risk person, or a prohibited person obtains a firearm and uses it to injure or cause the death of a person or uses the firearm in connection with a crime, the civil penalty shall not exceed $10,000.
(c) The court may order a person who is found in violation of Section 5 to perform community service or pay restitution in lieu of the civil penalties imposed under this Section if good cause is shown.
(d) Nothing in this Act shall be construed to preclude civil liabilities for violations of this Act.
(e) A violation of this Act is prima facie evidence of negligence per se in any civil proceeding if a minor, an at-risk person, or a prohibited person obtains a firearm and causes personal injury or the death of oneself or another or uses the firearm in the commission of a crime.
(f) An action to collect a civil penalty under this Act may be brought by the Attorney General or the State's Attorney of the county in which the violation occurred.
Any money received from the collection of a civil penalty under this Act shall be deposited in the Mental Health Fund.
Section 85.
SB0008 Enrolled - 4 - LRB104 07753 RLC 17798 b (5 ILCS 830/10-5) Sec.
reports on crimes committed with firearms, locations where the crimes 10400SB0008sam001 -2- LRB104 07753 RLC 24847 a occurred, the number of persons killed or injured in the commission of the crimes, whether or not a stolen firearm was used in the commission of the crimes, the state where the firearms used originated, the Federal Firearms Licensee that sold the firearm, the type of firearms used, if known, annual statistical information concerning Firearm Owner's Identification Card and concealed carry license applications, revocations, and compliance with Section 9.5 of the Firearm Owners Identification Card Act, the information required in the report or on the Illinois State Police's website under Section 85 of the Firearms Restraining Order Act, and firearm dealer license certification inspections.
The Illinois State Police shall make the information available on its website, which may be presented in a dashboard format, in addition to electronically filing a report with the Governor and the SB0008 Enrolled - 5 - LRB104 07753 RLC 17798 b General Assembly.
The Illinois State Police shall, to the extent not inconsistent with law, share such reports and underlying data with academic centers, foundations, and law enforcement agencies studying firearms 10400SB0008sam001 -3- LRB104 07753 RLC 24847 a trafficking, provided that personally identifying information is protected.
The Illinois Criminal Justice Information SB0008 Enrolled - 6 - LRB104 07753 RLC 17798 b Authority shall submit the information required in subsection (a) of this Section to the Illinois State Police, and any other information as the Illinois State Police may request, to assist the Illinois State Police in carrying out its duties under this Act.
6-9-23.)6-9-23.)"; Section 90.
Theand Firearmon Ownerspage Identification4, Cardline Act9, is amended by changingreplacing Sections"2026" 3,with 3.1,"2027"; 8, and 8.1 and by adding Section 7.10 as follows:
(430and ILCSon 65/3)page (from4, Ch.by replacing line 23 with the following:
38,10400SB0008sam001 par.-4- LRB104 07753 RLC 24847 a "1, 2027, the person who is not a federally licensed firearm dealer shall check the Illinois";
83-3)and Sec.on page 8, line 5, by replacing "The" with "On or before January 1, 2027, the";
3.and on page 8, line 19, by replacing "2026" with "2027";
(a)and Excepton aspage provided9, inline Section2, 3a,by noreplacing person"The" maywith knowingly"On transfer, or causebefore toJanuary be1, transferred,2027, anythe"; firearm, firearm ammunition, stun gun, or taser to any person within this State unless the transferee with whom he deals displays either:
(1)and aon currentlypage valid12, Firearmline Owner's11, Identification Card which has previously been issued in his or her name by thereplacing Illinois"2026" Statewith Police"2027"; under the provisions of this Act;
orand (2)on apage currently27, validline license18, to carry a concealed firearm which has previously been issued in his or her name by thedeleting Illinois"24-3.8, State24-3.9,"; Police under the Firearm Concealed Carry Act.
In addition, all firearm, stun gun, and taser transfers by federallydeleting licensedline firearm20 dealerson arepage subject27 tothrough Sectionline 3.117 andon beginningpage January30; 1, 2027, the federally licensed firearm SB0008 Enrolled - 7 - LRB104 07753 RLC 17798 b dealers shall check the Illinois State Police Internet-based system upon which the serial numbers of firearms that have been reported stolen are available for public access for individuals to ensure any firearms are not reported stolen prior to the sale or transfer of a firearm under subsection (a-25) of this Section.
Newand firearmson shippedpage directly31, fromline the2, manufacturerby arereplacing exempt"or" fromwith this"or"; provision.
(a-5) Any person who is not a federally licensed firearm dealer and who desires to transfer or sell a firearm while that person is on thepage grounds31, ofline a7, gunby showreplacing must,"." before selling or transferring the firearm, request the Illinois State Police to conduct a background check on the prospective recipient of the firearm in accordance with Section"; 3.1 and beginning January 1, 2027, the person who is not a federally licensed firearm dealer shall check the Illinois State Police Internet-based system upon which the serial numbers of firearms that have been reported stolen are available for public access for individuals to ensure any firearms are not reported stolen prior to the sale or transfer of a firearm under subsection {a-25} of this Section.
New firearms shipped directly from the manufacturer are exempt from this provision.
(a-10) Notwithstanding item (2) of subsection (a) of this Section, any person who is not a federally licensed firearm dealer and who desires to transfer or sell a firearm or firearms to any person who is not a federally licensed firearm dealer shall, before selling or transferring the firearms, SB0008 Enrolled - 8 - LRB104 07753 RLC 17798 b contact a federal firearm license dealer under paragraph (1) of subsection (a-15) of this Section to conduct the transfer or the Illinois State Police with the transferee's or purchaser's Firearm Owner's Identification Card number to determine the validity of the transferee's or purchaser's Firearm Owner's Identification Card under State and federal law, including the National Instant Criminal Background Check System.
This subsection shall not be effective until July 1, 2023.
Until that date the transferor shall contact the Illinois State Police with the transferee's or purchaser's Firearm Owner's Identification Card number to determine the validity of the card.
The Illinois State Police may adopt rules concerning the implementation of this subsection.
The Illinois State Police shall provide the seller or transferor an approval number if the purchaser's Firearm Owner's Identification Card is valid.
Approvals issued by the Illinois State Police for the purchase of a firearm pursuant to this subsection are valid for 30 days from the date of issue.
(a-15) The provisions of subsection (a-10) of this Section do not apply to:
(1) transfers that occur at the place of business of a federally licensed firearm dealer, if the federally licensed firearm dealer conducts a background check on the prospective recipient of the firearm in accordance with Section 3.1 of this Act and follows all other applicable federal, State, and local laws as if he or she were the SB0008 Enrolled - 9 - LRB104 07753 RLC 17798 b seller or transferor of the firearm, although the dealer is not required to accept the firearm into his or her inventory.
The purchaser or transferee may be required by the federally licensed firearm dealer to pay a fee not to exceed $25 per firearm, which the dealer may retain as compensation for performing the functions required under this paragraph, plus the applicable fees authorized by Section 3.1;
(2) transfers as a bona fide gift to the transferor's husband, wife, son, daughter, stepson, stepdaughter, father, mother, stepfather, stepmother, brother, sister, nephew, niece, uncle, aunt, grandfather, grandmother, grandson, granddaughter, father-in-law, mother-in-law, son-in-law, or daughter-in-law;
(3) transfers by persons acting pursuant to operation of law or a court order;
(4) transfers on the grounds of a gun show under subsection (a-5) of this Section;
(5) the delivery of a firearm by its owner to a gunsmith for service or repair, the return of the firearm to its owner by the gunsmith, or the delivery of a firearm by a gunsmith to a federally licensed firearms dealer for service or repair and the return of the firearm to the gunsmith;
(6) temporary transfers that occur while in the home of the unlicensed transferee, if the unlicensed transferee SB0008 Enrolled - 10 - LRB104 07753 RLC 17798 b is not otherwise prohibited from possessing firearms and the unlicensed transferee reasonably believes that possession of the firearm is necessary to prevent imminent death or great bodily harm to the unlicensed transferee;
(7) transfers to a law enforcement or corrections agency or a law enforcement or corrections officer acting within the course and scope of his or her official duties;
(8) transfers of firearms that have been rendered permanently inoperable to a nonprofit historical society, museum, or institutional collection;
and (9) transfers to a person who is exempt from the requirement of possessing a Firearm Owner's Identification Card under Section 2 of this Act.
(a-20) The Illinois State Police shall develop an Internet-based system for individuals to determine the validity of a Firearm Owner's Identification Card prior to the sale or transfer of a firearm.
The Illinois State Police shall have the Internet-based system updated and available for use by January 1, 2024.
The Illinois State Police shall adopt rules not inconsistent with this Section to implement this system;
but no rule shall allow the Illinois State Police to retain records in contravention of State and federal law.
On or before January 1, 2027, the Internet-based system shall include a written notice, in both English and Spanish, of a firearm owner's obligation to report to local law enforcement any lost or stolen firearm within 48 hours after the owner SB0008 Enrolled - 11 - LRB104 07753 RLC 17798 b first discovers the loss or theft.
(a-25) On or before January 1, 2022, the Illinois State Police shall develop an Internet-based system upon which the serial numbers of firearms that have been reported stolen are available for public access for individuals to ensure any firearms are not reported stolen prior to the sale or transfer of a firearm under this Section.
The Illinois State Police shall have the Internet-based system completed and available for use by July 1, 2022.
The Illinois State Police shall adopt rules not inconsistent with this Section to implement this system.
On or before January 1, 2027, the Illinois State Police shall make the Internet-based system created under this subsection accessible to federally licensed firearms dealers to verify that the make, model, and serial numbers of firearms that are being bought, sold, or transferred by the dealers have not been reported stolen and shall also provide a receipt or approval number to a transferor or federally licensed firearms dealer as verification that the firearm being transferred did not appear on the stolen firearm database.
(a-30) On or before January 1, 2027, the Illinois State Police shall establish an electronic mechanism by which law enforcement shall report individuals who have failed to report the loss or theft of a firearm pursuant to Section 24-4.1 of the Criminal Code of 2012.
(b) Any person within this State who transfers or causes to be transferred any firearm, stun gun, or taser shall keep a SB0008 Enrolled - 12 - LRB104 07753 RLC 17798 b record of such transfer for a period of 10 years from the date of transfer.
Any person within this State who receives any firearm, stun gun, or taser pursuant to subsection (a-10) shall provide a record of the transfer within 10 days of the transfer to a federally licensed firearm dealer and shall not be required to maintain a transfer record.
The federally licensed firearm dealer shall maintain the transfer record for 20 years from the date of receipt.
A federally licensed firearm dealer may charge a fee not to exceed $25 to retain the record.
The record shall be provided and maintained in either an electronic or paper format.
The federally licensed firearm dealer shall not be liable for the accuracy of any information in the transfer record submitted pursuant to this Section.
Such records shall contain the date of the transfer;
the description, serial number or other information identifying the firearm, stun gun, or taser if no serial number is available;
and, if the transfer was completed within this State, the transferee's Firearm Owner's Identification Card number and any approval number or documentation provided by the Illinois State Police pursuant to subsection (a-10) of this Section;
if the transfer was not completed within this State, the record shall contain the name and address of the transferee.
On or after January 1, 2006, the record shall contain the date of application for transfer of the firearm.
On demand of a peace officer such transferor shall produce for inspection such record of transfer.
For any transfer pursuant SB0008 Enrolled - 13 - LRB104 07753 RLC 17798 b to subsection (a-10) of this Section, on the demand of a peace officer, such transferee shall identify the federally licensed firearm dealer maintaining the transfer record.
If the transfer or sale took place at a gun show, the record shall include the unique identification number.
Failure to record the unique identification number or approval number is a petty offense.
For transfers of a firearm, stun gun, or taser made on or after January 18, 2019 (the effective date of Public Act 100-1178), failure by the private seller to maintain the transfer records in accordance with this Section, or failure by a transferee pursuant to subsection a-10 of this Section to identify the federally licensed firearm dealer maintaining the transfer record, is a Class A misdemeanor for the first offense and a Class 4 felony for a second or subsequent offense occurring within 10 years of the first offense and the second offense was committed after conviction of the first offense.
Whenever any person who has not previously been convicted of any violation of subsection (a-5), the court may grant supervision pursuant to and consistent with the limitations of Section 5-6-1 of the Unified Code of Corrections.
A transferee or transferor shall not be criminally liable under this Section provided that he or she provides the Illinois State Police with the transfer records in accordance with procedures established by the Illinois State Police.
The Illinois State Police shall establish, by rule, a standard form on its website.
SB0008 Enrolled - 14 - LRB104 07753 RLC 17798 b (b-5) Any resident may purchase ammunition from a person within or outside of Illinois if shipment is by United States mail or by a private express carrier authorized by federal law to ship ammunition.
Any resident purchasing ammunition within or outside the State of Illinois must provide the seller with a copy of his or her valid Firearm Owner's Identification Card or valid concealed carry license and either his or her Illinois driver's license or Illinois State Identification Card prior to the shipment of the ammunition.
The ammunition may be shipped only to an address on either of those 2 documents.
(c) The provisions of this Section regarding the transfer of firearm ammunition shall not apply to those persons specified in paragraph (b) of Section 2 of this Act.
(Source:
P.A.
102-237, eff.
1-1-24;
102-538, eff.
8-20-21;
102-813, eff.
5-13-22;
102-1116, eff.
1-10-23.) (430 ILCS 65/3.1) (from Ch.
38, par.
83-3.1) Sec.
3.1.
Firearm Transfer Inquiry Program.
(a) The Illinois State Police shall provide a dial up telephone system or utilize other existing technology which shall be used by any federally licensed firearm dealer, gun show promoter, or gun show vendor who is to transfer a firearm, stun gun, or taser under the provisions of this Act.
The Illinois State Police may utilize existing technology which allows the caller to be charged a fee not to exceed $2.
Fees SB0008 Enrolled - 15 - LRB104 07753 RLC 17798 b collected by the Illinois State Police shall be deposited in the State Police Firearm Services Fund and used to provide the service.
Beginning January 1, 2027, a federally licensed firearm dealer, gun show promoter, and gun show vendor shall additionally check the Illinois State Police Internet-based system upon which the serial numbers of firearms that have been reported stolen are available for public access to ensure any firearms are not reported stolen prior to the sale or transfer of a firearm under subsection (a-25) of Section 3 of this Act.
New firearms shipped directly from the manufacturer are exempt from this provision.
(b) Upon receiving a request from a federally licensed firearm dealer, gun show promoter, or gun show vendor, the Illinois State Police shall immediately approve or, within the time period established by Section 24-3 of the Criminal Code of 2012 regarding the delivery of firearms, stun guns, and tasers, notify the inquiring dealer, gun show promoter, or gun show vendor of any objection that would disqualify the transferee from acquiring or possessing a firearm, stun gun, or taser.
In conducting the inquiry, the Illinois State Police shall initiate and complete an automated search of its criminal history record information files and those of the Federal Bureau of Investigation, including the National Instant Criminal Background Check System, and of the files of the Department of Human Services relating to mental health and developmental disabilities to obtain any felony conviction or SB0008 Enrolled - 16 - LRB104 07753 RLC 17798 b patient hospitalization information which would disqualify a person from obtaining or require revocation of a currently valid Firearm Owner's Identification Card.
(b-5) By January 1, 2023, the Illinois State Police shall by rule provide a process for the automatic renewal of the Firearm Owner's Identification Card of a person at the time of an inquiry in subsection (b).
Persons eligible for this process must have a set of fingerprints on file with their applications under either subsection (a-25) of Section 4 or the Firearm Concealed Carry Act.
(c) If receipt of a firearm would not violate Section 24-3 of the Criminal Code of 2012, federal law, or this Act, the Illinois State Police shall:
(1) assign a unique identification number to the transfer;
and (2) provide the licensee, gun show promoter, or gun show vendor with the number.
(d) Approvals issued by the Illinois State Police for the purchase of a firearm are valid for 30 days from the date of issue.
(e) (1) The Illinois State Police must act as the Illinois Point of Contact for the National Instant Criminal Background Check System.
(2) The Illinois State Police and the Department of Human Services shall, in accordance with State and federal law regarding confidentiality, enter into a memorandum of SB0008 Enrolled - 17 - LRB104 07753 RLC 17798 b understanding with the Federal Bureau of Investigation for the purpose of implementing the National Instant Criminal Background Check System in the State.
The Illinois State Police shall report the name, date of birth, and physical description of any person prohibited from possessing a firearm pursuant to the Firearm Owners Identification Card Act or 18 U.S.C.
922(g) and (n) to the National Instant Criminal Background Check System Index, Denied Persons Files.
(3) The Illinois State Police shall provide notice of the disqualification of a person under subsection (b) of this Section or the revocation of a person's Firearm Owner's Identification Card under Section 8 or Section 8.2 of this Act, and the reason for the disqualification or revocation, to all law enforcement agencies with jurisdiction to assist with the seizure of the person's Firearm Owner's Identification Card.
(f) The Illinois State Police shall adopt rules not inconsistent with this Section to implement this system.
(Source:
P.A.
102-237, eff.
1-1-22;
102-538, eff.
8-20-21;
102-813, eff.
5-13-22.) (430 ILCS 65/7.10 new) Sec.
7.10.
Notice of obligation to report lost or stolen firearm.
Upon the issuance and each renewal of a Firearm Owner's Identification Card, the Illinois State Police shall advise the applicant or holder in writing, in both English and SB0008 Enrolled - 18 - LRB104 07753 RLC 17798 b Spanish, of his or her obligation to report to local law enforcement any lost or stolen firearm within 48 hours after he or she first discovers the loss or theft.
A person is deemed to have discovered that a firearm was lost or stolen only when the person has received evidence indicating that a loss or theft has occurred.
(430 ILCS 65/8) (from Ch.
38, par.
83-8) Sec.
8.
Grounds for denial and revocation.
The Illinois State Police has authority to deny an application for or to revoke and seize a Firearm Owner's Identification Card previously issued under this Act only if the Illinois State Police finds that the applicant or the person to whom such card was issued is or was at the time of issuance:
(a) A person under 21 years of age who has been convicted of a misdemeanor other than a traffic offense or adjudged delinquent;
(b) This subsection (b) applies through the 180th day following July 12, 2019 (the effective date of Public Act 101-80).
A person under 21 years of age who does not have the written consent of his parent or guardian to acquire and possess firearms and firearm ammunition, or whose parent or guardian has revoked such written consent, or where such parent or guardian does not qualify to have a Firearm Owner's Identification Card;
(b-5) This subsection (b-5) applies on and after the SB0008 Enrolled - 19 - LRB104 07753 RLC 17798 b 181st day following July 12, 2019 (the effective date of Public Act 101-80).
A person under 21 years of age who is not an active duty member of the United States Armed Forces or the Illinois National Guard and does not have the written consent of his or her parent or guardian to acquire and possess firearms and firearm ammunition, or whose parent or guardian has revoked such written consent, or where such parent or guardian does not qualify to have a Firearm Owner's Identification Card;
(c) A person convicted of a felony under the laws of this or any other jurisdiction;
(d) A person addicted to narcotics;
(e) A person who has been a patient of a mental health facility within the past 5 years or a person who has been a patient in a mental health facility more than 5 years ago who has not received the certification required under subsection (u) of this Section.
An active law enforcement officer employed by a unit of government or a Department of Corrections employee authorized to possess firearms who is denied, revoked, or has his or her Firearm Owner's Identification Card seized under this subsection (e) may obtain relief as described in subsection (c-5) of Section 10 of this Act if the officer or employee did not act in a manner threatening to the officer or employee, another person, or the public as determined by the treating clinical psychologist or physician, and the officer or SB0008 Enrolled - 20 - LRB104 07753 RLC 17798 b employee seeks mental health treatment;
(f) A person whose mental condition is of such a nature that it poses a clear and present danger to the applicant, any other person or persons, or the community;
(g) A person who has an intellectual disability;
(h) A person who intentionally makes a false statement in the Firearm Owner's Identification Card application or endorsement affidavit;
(i) A noncitizen who is unlawfully present in the United States under the laws of the United States;
(i-5) A noncitizen who has been admitted to the United States under a non-immigrant visa (as that term is defined in Section 101(a)(26) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(26))), except that this subsection (i-5) does not apply to any noncitizen who has been lawfully admitted to the United States under a non-immigrant visa if that noncitizen is:
(1) admitted to the United States for lawful hunting or sporting purposes;
(2) an official representative of a foreign government who is:
(A) accredited to the United States Government or the Government's mission to an international organization having its headquarters in the United States;
or (B) en route to or from another country to SB0008 Enrolled - 21 - LRB104 07753 RLC 17798 b which that noncitizen is accredited;
(3) an official of a foreign government or distinguished foreign visitor who has been so designated by the Department of State;
(4) a foreign law enforcement officer of a friendly foreign government entering the United States on official business;
or (5) one who has received a waiver from the Attorney General of the United States pursuant to 18 U.S.C.
922(y)(3);
(j) (Blank);
(k) A person who has been convicted within the past 5 years of battery, assault, aggravated assault, violation of an order of protection, or a substantially similar offense in another jurisdiction, in which a firearm was used or possessed;
(l) A person who has been convicted of domestic battery, aggravated domestic battery, or a substantially similar offense in another jurisdiction committed before, on or after January 1, 2012 (the effective date of Public Act 97-158).
If the applicant or person who has been previously issued a Firearm Owner's Identification Card under this Act knowingly and intelligently waives the right to have an offense described in this paragraph (l) tried by a jury, and by guilty plea or otherwise, results in a conviction for an offense in which a domestic SB0008 Enrolled - 22 - LRB104 07753 RLC 17798 b relationship is not a required element of the offense but in which a determination of the applicability of 18 U.S.C.
922(g)(9) is made under Section 112A-11.1 of the Code of Criminal Procedure of 1963, an entry by the court of a judgment of conviction for that offense shall be grounds for denying an application for and for revoking and seizing a Firearm Owner's Identification Card previously issued to the person under this Act;
(m) (Blank);
(n) A person who is prohibited from acquiring or possessing firearms or firearm ammunition by any Illinois State statute or by federal law;
(o) A minor subject to a petition filed under Section 5-520 of the Juvenile Court Act of 1987 alleging that the minor is a delinquent minor for the commission of an offense that if committed by an adult would be a felony;
(p) An adult who had been adjudicated a delinquent minor under the Juvenile Court Act of 1987 for the commission of an offense that if committed by an adult would be a felony;
(q) A person who is not a resident of the State of Illinois, except as provided in subsection (a-10) of Section 4;
(r) A person who has been adjudicated as a person with a mental disability;
(s) A person who has been found to have a SB0008 Enrolled - 23 - LRB104 07753 RLC 17798 b developmental disability;
(t) A person involuntarily admitted into a mental health facility;
or (u) A person who has had his or her Firearm Owner's Identification Card revoked or denied under subsection (e) of this Section or item (iv) of paragraph (2) of subsection (a) of Section 4 of this Act because he or she was a patient in a mental health facility as provided in subsection (e) of this Section, shall not be permitted to obtain a Firearm Owner's Identification Card, after the 5-year period has lapsed, unless he or she has received a mental health evaluation by a physician, clinical psychologist, or qualified examiner as those terms are defined in the Mental Health and Developmental Disabilities Code, and has received a certification that he or she is not a clear and present danger to himself, herself, or others.
The physician, clinical psychologist, or qualified examiner making the certification and his or her employer shall not be held criminally, civilly, or professionally liable for making or not making the certification required under this subsection, except for willful or wanton misconduct.
This subsection does not apply to a person whose firearm possession rights have been restored through administrative or judicial action under Section 10 or 11 of this Act;
or (v) A person who fails 2 or more times to report a loss SB0008 Enrolled - 24 - LRB104 07753 RLC 17798 b or theft of a firearm within 48 hours of the discovery of such loss or theft to local law enforcement as required under subsection (a) of Section 24-4.1 of the Criminal Code of 2012.
Upon revocation of a person's Firearm Owner's Identification Card, the Illinois State Police shall provide notice to the person and the person shall comply with Section 9.5 of this Act.
(Source:
P.A.
101-80, eff.
7-12-19;
102-538, eff.
8-20-21;
102-645, eff.
1-1-22;
102-813, eff.
5-13-22;
102-1030, eff.
5-27-22;
102-1116, eff.
1-10-23.) (430 ILCS 65/8.1) (from Ch.
38, par.
83-8.1) Sec.
8.1.
Notifications to the Illinois State Police.
(a) The Circuit Clerk shall, in the form and manner required by the Supreme Court, notify the Illinois State Police of all final dispositions of cases for which the Department has received information reported to it under Sections 2.1 and 2.2 of the Criminal Identification Act.
(b) Upon adjudication of any individual as a person with a mental disability as defined in Section 1.1 of this Act or a finding that a person has been involuntarily admitted, the court shall direct the circuit court clerk to immediately notify the Illinois State Police, Firearm Owner's Identification (FOID) department, and shall forward a copy of the court order to the Department.
SB0008 Enrolled - 25 - LRB104 07753 RLC 17798 b (b-1) Beginning July 1, 2016, and each July 1 and December 30 of every year thereafter, the circuit court clerk shall, in the form and manner prescribed by the Illinois State Police, notify the Illinois State Police, Firearm Owner's Identification (FOID) department if the court has not directed the circuit court clerk to notify the Illinois State Police, Firearm Owner's Identification (FOID) department under subsection (b) of this Section, within the preceding 6 months, because no person has been adjudicated as a person with a mental disability by the court as defined in Section 1.1 of this Act or if no person has been involuntarily admitted.
The Supreme Court may adopt any orders or rules necessary to identify the persons who shall be reported to the Illinois State Police under subsection (b), or any other orders or rules necessary to implement the requirements of this Act.
(c) The Department of Human Services shall, in the form and manner prescribed by the Illinois State Police, report all information collected under subsection (b) of Section 12 of the Mental Health and Developmental Disabilities Confidentiality Act for the purpose of determining whether a person who may be or may have been a patient in a mental health facility is disqualified under State or federal law from receiving or retaining a Firearm Owner's Identification Card, or purchasing a weapon.
(d) If a person is determined to pose a clear and present danger to himself, herself, or to others:
SB0008 Enrolled - 26 - LRB104 07753 RLC 17798 b (1) by a physician, clinical psychologist, or qualified examiner, or is determined to have a developmental disability by a physician, clinical psychologist, or qualified examiner, whether employed by the State or privately, then the physician, clinical psychologist, or qualified examiner shall, within 24 hours of making the determination, notify the Department of Human Services that the person poses a clear and present danger or has a developmental disability;
or (2) by a law enforcement official or school administrator, then the law enforcement official or school administrator shall, within 24 hours of making the determination, notify the Illinois State Police that the person poses a clear and present danger.
The Department of Human Services shall immediately update its records and information relating to mental health and developmental disabilities, and if appropriate, shall notify the Illinois State Police in a form and manner prescribed by the Illinois State Police.
The Illinois State Police shall determine whether to revoke the person's Firearm Owner's Identification Card under Section 8 of this Act.
Any information disclosed under this subsection shall remain privileged and confidential, and shall not be redisclosed, except as required under subsection (e) of Section 3.1 of this Act, nor used for any other purpose.
The method of providing this information shall guarantee that the information is not SB0008 Enrolled - 27 - LRB104 07753 RLC 17798 b released beyond what is necessary for the purpose of this Section and shall be provided by rule by the Department of Human Services.
The identity of the person reporting under this Section shall not be disclosed to the subject of the report.
The physician, clinical psychologist, qualified examiner, law enforcement official, or school administrator making the determination and his or her employer shall not be held criminally, civilly, or professionally liable for making or not making the notification required under this subsection, except for willful or wanton misconduct.
(d-5) If a law enforcement official determines that a person has failed to report a lost or stolen firearm as required by Section 24-4.1 of the Criminal Code of 2012, then the law enforcement official shall, within 24 hours of making that determination, notify the Illinois State Police that the person has failed to report a lost or stolen firearm.
The law enforcement official shall notify the Illinois State Police in a form and manner prescribed by the Illinois State Police.
Any information disclosed under this subsection shall remain privileged and confidential, and shall not be redisclosed, except as required under subsection (e) of Section 3.1 of this Act, nor used for any other purpose.
(e) The Illinois State Police shall adopt rules to implement this Section.
(Source:
P.A.
102-538, eff.
8-20-21.) SB0008 Enrolled - 28 - LRB104 07753 RLC 17798 b Section 95.
The Firearm Concealed Carry Act is amended by adding Section 56 as follows:
(430 ILCS 66/56 new) Sec.
56.
Notice of obligation to report lost or stolen firearm.
Upon the issuance and each renewal of a concealed carry license, the Illinois State Police shall advise the applicant or licensee in writing, in both English and Spanish, of his or her obligation to report to local law enforcement any lost or stolen firearm within 48 hours after he or she first discovers the theft or loss.
Section 100.
The Firearm Dealer License Certification Act is amended by changing Section 5-20 as follows:
(430 ILCS 68/5-20) Sec.
5-20.
Additional licensee requirements.
(a) A certified licensee shall make a photo copy of a buyer's or transferee's valid photo identification card whenever a firearm sale transaction takes place.
The photo copy shall be attached to the documentation detailing the record of sale.
(b) A certified licensee shall post in a conspicuous position on the premises where the licensee conducts business a sign that contains the following warning in block letters not less than one inch in height:
SB0008 Enrolled - 29 - LRB104 07753 RLC 17798 b "With few exceptions enumerated in the Firearm Owners Identification Card Act, it is unlawful for you to:
(A) store or leave an unsecured firearm in a place where a child can obtain access to it;
(B) sell or transfer your firearm to someone else without receiving approval for the transfer from the Illinois State Police, or (C) fail to report the loss or theft of your firearm to local law enforcement within 48 72 hours.".
This sign shall be created by the Illinois State Police and made available for printing or downloading from the Illinois State Police's website.
(c) No retail location established after the effective date of this Act shall be located within 500 feet of any school, pre-school, or day care facility in existence at its location before the retail location is established as measured from the nearest corner of the building holding the retail location to the corner of the school, pre-school, or day care facility building nearest the retail location at the time the retail location seeks licensure.
(d) A certified dealer who sells or transfers a firearm shall notify the purchaser or the recipient, orally and in writing, in both English and Spanish, at the time of the sale or transfer, that the owner of a firearm is required to report a lost or stolen firearm to local law enforcement within 48 hours after the owner first discovers the loss or theft.
The SB0008 Enrolled - 30 - LRB104 07753 RLC 17798 b Illinois State Police shall create a written notice, in both English and Spanish, that certified dealers shall provide firearm purchasers or transferees in accordance with this provision and make such notice available for printing or downloading from the Illinois State Police website.
(Source:
P.A.
102-538, eff.
8-20-21.) Section 105.
The Criminal Code of 2012 is amended by changing Sections 24-3B, 24-4.1, and 24-9 as follows:
(720 ILCS 5/24-3B) Sec.
24-3B.
Firearms trafficking.
(a) A person commits firearms trafficking when he or she has not been issued a currently valid Firearm Owner's Identification Card and knowingly:
(1) brings, or causes to be brought, into this State, a firearm or firearm ammunition for the purpose of sale, delivery, or transfer to any other person or with the intent to sell, deliver, or transfer the firearm or firearm ammunition to any other person;
or (2) brings, or causes to be brought, into this State, a firearm and firearm ammunition for the purpose of sale, delivery, or transfer to any other person or with the intent to sell, deliver, or transfer the firearm and firearm ammunition to any other person;
(3) brings, or causes to be brought, into this State, SB0008 Enrolled - 31 - LRB104 07753 RLC 17798 b in a vehicle on an expressway in this State, more than one firearm prohibited from possession by Section 24-1.9, per occupants of the vehicle.vehicle.";
(a-5)and Thison Sectionpage does31, notby applydeleting to:lines 19 through 22;
(1)and a10400SB0008sam001 person-5- exemptLRB104 under07753 SectionRLC 224847 of the Firearm Owners Identification Card Act from the requirement of having possession of a Firearmon Owner'spage Identification32, Cardline previously22, issued in his or her name by thedeleting Illinois"and"; State Police in order to acquire or possess a firearm or firearm ammunition;
(2)and aon commonpage carrier32, underline subsection24, (i)by ofreplacing Section"." 24-2with of"; this Code;
orand (3)(5) athe non-residentFirearm whoOwner's mayIdentification lawfullyCard possessnumber aof firearmthe inperson hismaking orthe herreport, residentif state.applicable.";
(b)and Sentence.on page 34, lines 11 and 12, by replacing "reasonably should know has reason to believe" with "has reason to believe";
(1)and Firearmson traffickingpage is35, aby Classinserting 1immediately felonybelow forline which14 the person,following: if sentenced to a term of imprisonment, shall be sentenced to not less than 4 years and not more than 20 years.
(2)"Section Firearms110. trafficking by a person who has been previously convicted of firearms trafficking, gunrunning, or a felony offense for the unlawful sale, delivery, or transfer of a firearm or firearm ammunition in this State or another jurisdiction is a Class X felony.
(Source:
P.A.
102-538, eff.
8-20-21.) SB0008 Enrolled - 32 - LRB104 07753 RLC 17798 b (720 ILCS 5/24-4.1) Sec.
24-4.1.
Report of lost or stolen firearms.
(a) If a person who possesses a valid Firearm Owner's Identification Card and who possesses or acquires a firearm thereafter loses the firearm, or if the firearm is stolen from the person, the person must report the loss or theft of any such firearm to the local law enforcement agency within 48 72 hours after obtaining knowledge of the loss or theft.
The report shall include:
(1) the date the firearm was lost or stolen;
(2) the exact location where the firearm was lost or stolen or, if the exact location is not known, the last known location of the firearm;
(3) the caliber, make, model, and serial number of the firearm;
(4) a description of the circumstances under which the firearm was lost or stolen;
and (5) the Firearm Owner's Identification Card number of the person making the report, if applicable.
(b) A law enforcement agency having jurisdiction shall take a written report and shall, as soon as practical, and in no event later than 48 hours after receiving the report, enter the information and the firearm's serial number as stolen into the Law Enforcement Agencies Data System (LEADS).
(c) A person shall not be in violation of this Section if:
(1) the failure to report is due to an act of God, act SB0008 Enrolled - 33 - LRB104 07753 RLC 17798 b of war, or inability of a law enforcement agency to receive the report;
(2) the person is hospitalized, in a coma, or is otherwise seriously physically or mentally impaired as to prevent the person from reporting;
or (3) the person's designee makes a report if the person is unable to make the report.
(d) Sentence.
A person who violates this Section is guilty of a petty offense for a first violation.
A second or subsequent violation of this Section is a Class A misdemeanor.
(e) A prosecution for an offense under this Section may be commenced within 3 years after the discovery by law enforcement or prosecution of the failure to report the theft or loss of a firearm as required under subsection (a).
(Source:
P.A.
98-508, eff.
8-19-13.) (720 ILCS 5/24-9) Sec.
24-9.
Firearms;
Child Protection.
(a) Except as provided in subsection (c), it is unlawful for any person to store or leave, within premises under his or her control, a firearm if the person knows or has reason to believe that a minor under the age of 18 14 years who does not have a Firearm Owners Identification Card is likely to gain access to the firearm without the lawful permission of the minor's parent, guardian, or person having charge of the minor, and the minor causes death or great bodily harm with the SB0008 Enrolled - 34 - LRB104 07753 RLC 17798 b firearm, unless the firearm is:
(1) secured by a device or mechanism, other than the firearm safety, designed to render a firearm temporarily inoperable;
or (2) placed in a securely locked box or container.
or (3) placed in some other location that a reasonable person would believe to be secure from a minor under the age of 14 years.
(b) Sentence.
A person who violates this Section is guilty of a Class C misdemeanor and shall be fined not less than $1,000.
A second or subsequent violation of this Section is a Class A misdemeanor.
(c) Subsection (a) does not apply:
(1) if the minor under 18 14 years of age gains access to a firearm and uses it in a lawful act of self-defense or defense of another;
or (2) to any firearm obtained by a minor under the age of 18 14 because of an unlawful entry of the premises by the minor or another person.
(d) For the purposes of this Section, "firearm" has the meaning ascribed to it in Section 1.1 of the Firearm Owners Identification Card Act.
(Source:
P.A.
91-18, eff.
1-1-00.) Section 110.
SB0008 Enrolled - 35 - LRB104 07753 RLC 17798 b (730 ILCS 5/5-4-1) (from Ch.
Programs 10400SB0008sam001 -6- LRB104 07753 RLC 24847 a conducting these evaluations shall be licensed by the Department of Human Services.
SB0008 Enrolled - 36 - LRB104 07753 RLC 17798 b (1) consider the evidence, if any, received upon the trial;
(4.5) consider substance abuse treatment, eligibility screening, and an assessment, if any, of the defendant by an agent designated by the State of Illinois to provide 10400SB0008sam001 -7- LRB104 07753 RLC 24847 a assessment services for the Illinois courts;
An oral or written statement includes the victim or a representative of the victim reading the SB0008 Enrolled - 37 - LRB104 07753 RLC 17798 b written statement.
In this paragraph (7), "victim of a violent crime" means a person who is a victim of a violent crime for which the defendant has been convicted after a bench or jury trial or a person who is the victim of a 10400SB0008sam001 -8- LRB104 07753 RLC 24847 a violent crime with which the defendant was charged and the defendant has been convicted under a plea agreement of a crime that is not a violent crime as defined in subsection (c) of 3 of the Rights of Crime Victims and Witnesses Act;
or (ii) a Class 4 felony violation of Section 11-14, 11-14.3 except as described in subdivisions (a)(2)(A) and (a)(2)(B), 11-15, 11-17, 11-18, 11-18.1, or 11-19 of the Criminal Code of 1961 or the Criminal Code of 2012, committed by the defendant the opportunity to make a statement concerning the impact on the qualified person and to offer evidence in aggravation SB0008 Enrolled - 38 - LRB104 07753 RLC 17798 b or mitigation;
or (ii) is 10400SB0008sam001 -9- LRB104 07753 RLC 24847 a familiar with various public places within the territorial jurisdiction where the offense took place when the offense took place.
and (10) make a finding of whether a motor vehicle was SB0008 Enrolled - 39 - LRB104 07753 RLC 17798 b used in the commission of the offense for which the defendant is being sentenced;
The judge who presided at the trial or the judge who accepted the plea of 10400SB0008sam001 -10- LRB104 07753 RLC 24847 a guilty shall impose the sentence unless he is no longer sitting as a judge in that court.
(b-1) In imposing a sentence of imprisonment or periodic imprisonment for a Class 3 or Class 4 felony for which a sentence of probation or conditional discharge is an available sentence, if the defendant has no prior sentence of probation or conditional discharge and no prior conviction for a violent crime, the defendant shall not be sentenced to imprisonment before review and consideration of a presentence report and determination and explanation of why the particular evidence, SB0008 Enrolled - 40 - LRB104 07753 RLC 17798 b information, factor in aggravation, factual finding, or other reasons support a sentencing determination that one or more of the factors under subsection (a) of Section 5-6-1 of this Code apply and that probation or conditional discharge is not an appropriate sentence.
(c) In imposing a sentence for a violent crime or for an offense of operating or being in physical control of a vehicle while under the influence of alcohol, any other drug or any combination thereof, or a similar provision of a local ordinance, when such offense resulted in the personal injury to someone other than the defendant, the trial judge shall 10400SB0008sam001 -11- LRB104 07753 RLC 24847 a specify on the record the particular evidence, information, factors in mitigation and aggravation or other reasons that led to his sentencing determination.
(c-1.5) Notwithstanding any other provision of law to the contrary, in imposing a sentence for an offense that requires SB0008 Enrolled - 41 - LRB104 07753 RLC 17798 b a mandatory minimum sentence of imprisonment, the court may instead sentence the offender to probation, conditional discharge, or a lesser term of imprisonment it deems appropriate if:
The court must state on the record its reasons for imposing probation, conditional discharge, or a lesser term of 10400SB0008sam001 -12- LRB104 07753 RLC 24847 a imprisonment.
SB0008 Enrolled - 42 - LRB104 07753 RLC 17798 b "The purpose of this statement is to inform the public of the actual period of time this defendant is likely to spend in prison as a result of this sentence.
If the defendant, because of his or her own misconduct or failure to comply with the institutional 10400SB0008sam001 -13- LRB104 07753 RLC 24847 a regulations, does not receive those credits, the actual time served in prison will be longer.
The defendant may also receive an additional one-half day sentence credit for each day of participation in vocational, industry, substance abuse, and educational programs as provided for by Illinois statute." When the sentence is imposed for one of the offenses enumerated in paragraph (a)(2) of Section 3-6-3, other than first degree murder, and the offense was committed on or after June 19, 1998, and when the sentence is imposed for reckless homicide as defined in subsection (e) of Section 9-3 of the Criminal Code of 1961 or the Criminal Code of 2012 if the offense was committed on or after January 1, 1999, and when the sentence is imposed for aggravated driving under the influence of alcohol, other drug or drugs, or intoxicating compound or compounds, or any combination thereof as defined in SB0008 Enrolled - 43 - LRB104 07753 RLC 17798 b subparagraph (F) of paragraph (1) of subsection (d) of Section 11-501 of the Illinois Vehicle Code, and when the sentence is imposed for aggravated arson if the offense was committed on or after July 27, 2001 (the effective date of Public Act 92-176), and when the sentence is imposed for aggravated driving under the influence of alcohol, other drug or drugs, or intoxicating compound or compounds, or any combination thereof as defined in subparagraph (C) of paragraph (1) of subsection (d) of Section 11-501 of the Illinois Vehicle Code committed on or after January 1, 2011 (the effective date of Public Act 96-1230), the judge's statement, to be given after 10400SB0008sam001 -14- LRB104 07753 RLC 24847 a pronouncing the sentence, shall include the following:
If the defendant, because of his or her own misconduct or failure to comply with the institutional regulations SB0008 Enrolled - 44 - LRB104 07753 RLC 17798 b receives lesser credit, the actual time served in prison will be longer." When a sentence of imprisonment is imposed for first degree murder and the offense was committed on or after June 19, 1998, the judge's statement, to be given after pronouncing the sentence, shall include the following:
The actual period of prison time served is determined by the statutes of Illinois as applied to this sentence by the Illinois Department of 10400SB0008sam001 -15- LRB104 07753 RLC 24847 a Corrections and the Illinois Prisoner Review Board.
The actual period of SB0008 Enrolled - 45 - LRB104 07753 RLC 17798 b prison time served is determined by the statutes of Illinois as applied to this sentence by the Illinois Department of Corrections and the Illinois Prisoner Review Board.
In this case, the defendant shall receive no earned sentence credit under clause (3) of subsection (a) of Section 3-6-3 until he or she participates in and completes a substance abuse treatment program or receives a waiver from the Director of Corrections pursuant to clause (4.5) of subsection (a) of Section 3-6-3." (c-4) Before the sentencing hearing and as part of the presentence investigation under Section 5-3-1, the court shall inquire of the defendant whether the defendant is currently 10400SB0008sam001 -16- LRB104 07753 RLC 24847 a serving in or is a veteran of the Armed Forces of the United States.
and (2) consider the treatment recommendations of any SB0008 Enrolled - 46 - LRB104 07753 RLC 17798 b diagnosing or treating mental health professionals together with the treatment options available to the defendant in imposing sentence.
(c-6) In imposing a sentence, the trial judge shall specify, on the record, the particular evidence and other reasons which led to his or her determination that a motor 10400SB0008sam001 -17- LRB104 07753 RLC 24847 a vehicle was used in the commission of the offense.
(d) When the defendant is committed to the Department of Corrections, the State's Attorney shall and counsel for the defendant may file a statement with the clerk of the court to be transmitted to the department, agency or institution to which the defendant is committed to furnish such department, agency or institution with the facts and circumstances of the offense for which the person was committed together with all other factual information accessible to them in regard to the SB0008 Enrolled - 47 - LRB104 07753 RLC 17798 b person prior to his commitment relative to his habits, associates, disposition and reputation and any other facts and circumstances which may aid such department, agency or institution during its custody of such person.
(e) The clerk of the court shall transmit to the department, agency or institution, if any, to which the 10400SB0008sam001 -18- LRB104 07753 RLC 24847 a defendant is committed, the following:
(4) the number of days, if any, which the defendant SB0008 Enrolled - 48 - LRB104 07753 RLC 17798 b has been in custody and for which he is entitled to credit against the sentence, which information shall be provided to the clerk by the sheriff;
(7) the municipality where the arrest of the offender 10400SB0008sam001 -19- LRB104 07753 RLC 24847 a or the commission of the offense has occurred, where such municipality has a population of more than 25,000 persons;
(g) In cases in which the court finds that a firearm with a serial number reported as stolen on the Illinois State Police publicly accessible database was used in the commission of the offense for which the defendant is being sentenced, the clerk SB0008 Enrolled - 49 - LRB104 07753 RLC 17798 b of the court shall, within 5 days thereafter, forward a report of such conviction to the Illinois State Police Division of Justice Services.
7-1-24.)7-1-24.)". Section 997.
Severability.
The provisions of this Act are severable under Section 1.31 of the Statute on Statutes.
Section 999.
Effective date.
This Act takes effect January 1, 2026.
SB0008 Enrolled - 50 - LRB104 07753 RLC 17798 b INDEX Statutes amended in order of appearance New Act 430 ILCS 65/3 from Ch.
38, par.
83-3 430 ILCS 65/3.1 from Ch.
38, par.
83-3.1 430 ILCS 65/7.10 new 430 ILCS 65/8 from Ch.
38, par.
83-8 430 ILCS 65/8.1 from Ch.
38, par.
83-8.1 430 ILCS 66/56 new 430 ILCS 68/5-20 720 ILCS 5/24-3.8 720 ILCS 5/24-3.9 720 ILCS 5/24-3B 720 ILCS 5/24-4.1 720 ILCS 5/24-9