Sen. Julie A. Morrison

Filed: 3/22/2023

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1 AMENDMENT TO SENATE BILL 754

2 AMENDMENT NO. ______. Amend Senate Bill 754 by replacing

3 everything after the enacting clause with the following:

4 "Section 5. The Firearm Owners Identification Card Act is

5 amended by changing Sections 1, 1.1, 2, and 3 as follows:

6 (430 ILCS 65/1) (from Ch. 38, par. 83-1)

7 Sec. 1. It is hereby declared as a matter of legislative

8 determination that in order to promote and protect the health,

9 safety,and welfare of the public, it is necessary and in the

10 public interest to provide a system of identifying persons who

11 are not qualified to acquire or possess firearms, firearm

12 ammunition, prepackaged explosive components, stun guns, and

13 tasers within the State of Illinois by the establishment of a

14 system of Firearm Owner's Identification Cards, thereby

15 establishing a practical and workable system by which law

16 enforcement authorities will be afforded an opportunity to

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1 identify those persons who are prohibited by Section 24-3.1 of

2 the Criminal Code of 2012, from acquiring or possessing

3 firearms and firearm ammunition and who are prohibited by this

4 Act from acquiring stun guns and tasers.

5 (Source: P.A. 97-1150, eff. 1-25-13.)

6 (430 ILCS 65/1.1)

7 Sec. 1.1. For purposes of this Act:

8 "Addicted to narcotics" means a person who has been:

9 (1) convicted of an offense involving the use or

10 possession of cannabis, a controlled substance, or

11 methamphetamine within the past year; or

12 (2) determined by the Illinois State Police to be

13 addicted to narcotics based upon federal law or federal

14 guidelines.

15 "Addicted to narcotics" does not include possession or use

16 of a prescribed controlled substance under the direction and

17 authority of a physician or other person authorized to

18 prescribe the controlled substance when the controlled

19 substance is used in the prescribed manner.

20 "Adjudicated as a person with a mental disability" means

21 the person is the subject of a determination by a court, board,

22 commission or other lawful authority that the person, as a

23 result of marked subnormal intelligence, or mental illness,

24 mental impairment, incompetency, condition, or disease:

25 (1) presents a clear and present danger to himself,

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1 herself, or to others;

2 (2) lacks the mental capacity to manage his or her own

3 affairs or is adjudicated a person with a disability as

4 defined in Section 11a-2 of the Probate Act of 1975;

5 (3) is not guilty in a criminal case by reason of

6 insanity, mental disease or defect;

7 (3.5) is guilty but mentally ill, as provided in

8 Section 5-2-6 of the Unified Code of Corrections;

9 (4) is incompetent to stand trial in a criminal case;

10 (5) is not guilty by reason of lack of mental

11 responsibility under Articles 50a and 72b of the Uniform

12 Code of Military Justice, 10 U.S.C. 850a, 876b;

13 (6) is a sexually violent person under subsection (f)

14 of Section 5 of the Sexually Violent Persons Commitment

15 Act;

16 (7) is a sexually dangerous person under the Sexually

17 Dangerous Persons Act;

18 (8) is unfit to stand trial under the Juvenile Court

19 Act of 1987;

20 (9) is not guilty by reason of insanity under the

21 Juvenile Court Act of 1987;

22 (10) is subject to involuntary admission as an

23 inpatient as defined in Section 1-119 of the Mental Health

24 and Developmental Disabilities Code;

25 (11) is subject to involuntary admission as an

26 outpatient as defined in Section 1-119.1 of the Mental

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1 Health and Developmental Disabilities Code;

2 (12) is subject to judicial admission as set forth in

3 Section 4-500 of the Mental Health and Developmental

4 Disabilities Code; or

5 (13) is subject to the provisions of the Interstate

6 Agreements on Sexually Dangerous Persons Act.

7 "Clear and present danger" means a person who:

8 (1) communicates a serious threat of physical violence

9 against a reasonably identifiable victim or poses a clear

10 and imminent risk of serious physical injury to himself,

11 herself, or another person as determined by a physician,

12 clinical psychologist, or qualified examiner; or

13 (2) demonstrates threatening physical or verbal

14 behavior, such as violent, suicidal, or assaultive

15 threats, actions, or other behavior, as determined by a

16 physician, clinical psychologist, qualified examiner,

17 school administrator, or law enforcement official.

18 "Clinical psychologist" has the meaning provided in

19 Section 1-103 of the Mental Health and Developmental

20 Disabilities Code.

21 "Controlled substance" means a controlled substance or

22 controlled substance analog as defined in the Illinois

23 Controlled Substances Act.

24 "Counterfeit" means to copy or imitate, without legal

25 authority, with intent to deceive.

26 "Developmental disability" means a severe, chronic

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1 disability of an individual that:

2 (1) is attributable to a mental or physical impairment

3 or combination of mental and physical impairments;

4 (2) is manifested before the individual attains age

5 22;

6 (3) is likely to continue indefinitely;

7 (4) results in substantial functional limitations in 3

8 or more of the following areas of major life activity:

9 (A) Self-care.

10 (B) Receptive and expressive language.

11 (C) Learning.

12 (D) Mobility.

13 (E) Self-direction.

14 (F) Capacity for independent living.

15 (G) Economic self-sufficiency; and

16 (5) reflects the individual's need for a combination

17 and sequence of special, interdisciplinary, or generic

18 services, individualized supports, or other forms of

19 assistance that are of lifelong or extended duration and

20 are individually planned and coordinated.

21 "Federally licensed firearm dealer" means a person who is

22 licensed as a federal firearms dealer under Section 923 of the

23 federal Gun Control Act of 1968 (18 U.S.C. 923).

24 "Firearm" means any device, by whatever name known, which

25 is designed to expel a projectile or projectiles by the action

26 of an explosion, expansion of gas or escape of gas; excluding,

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1 however:

2 (1) any pneumatic gun, spring gun, paint ball gun, or

3 B-B gun which expels a single globular projectile not

4 exceeding .18 inch in diameter or which has a maximum

5 muzzle velocity of less than 700 feet per second;

6 (1.1) any pneumatic gun, spring gun, paint ball gun,

7 or B-B gun which expels breakable paint balls containing

8 washable marking colors;

9 (2) any device used exclusively for signaling or

10 safety and required or recommended by the United States

11 Coast Guard or the Interstate Commerce Commission;

12 (3) any device used exclusively for the firing of stud

13 cartridges, explosive rivets or similar industrial

14 ammunition; and

15 (4) an antique firearm (other than a machine-gun)

16 which, although designed as a weapon, the Illinois State

17 Police finds by reason of the date of its manufacture,

18 value, design, and other characteristics is primarily a

19 collector's item and is not likely to be used as a weapon.

20 "Firearm ammunition" means any self-contained cartridge or

21 shotgun shell, by whatever name known, which is designed to be

22 used or adaptable to use in a firearm; excluding, however:

23 (1) any ammunition exclusively designed for use with a

24 device used exclusively for signaling or safety and

25 required or recommended by the United States Coast Guard

26 or the Interstate Commerce Commission; and

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1 (2) any ammunition designed exclusively for use with a

2 stud or rivet driver or other similar industrial

3 ammunition.

4 "Gun show" means an event or function:

5 (1) at which the sale and transfer of firearms is the

6 regular and normal course of business and where 50 or more

7 firearms are displayed, offered, or exhibited for sale,

8 transfer, or exchange; or

9 (2) at which not less than 10 gun show vendors

10 display, offer, or exhibit for sale, sell, transfer, or

11 exchange firearms.

12 "Gun show" includes the entire premises provided for an

13 event or function, including parking areas for the event or

14 function, that is sponsored to facilitate the purchase, sale,

15 transfer, or exchange of firearms as described in this

16 Section. Nothing in this definition shall be construed to

17 exclude a gun show held in conjunction with competitive

18 shooting events at the World Shooting Complex sanctioned by a

19 national governing body in which the sale or transfer of

20 firearms is authorized under subparagraph (5) of paragraph (g)

21 of subsection (A) of Section 24-3 of the Criminal Code of 2012.

22 Unless otherwise expressly stated, "gun show" does not

23 include training or safety classes, competitive shooting

24 events, such as rifle, shotgun, or handgun matches, trap,

25 skeet, or sporting clays shoots, dinners, banquets, raffles,

26 or any other event where the sale or transfer of firearms is

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1 not the primary course of business.

2 "Gun show promoter" means a person who organizes or

3 operates a gun show.

4 "Gun show vendor" means a person who exhibits, sells,

5 offers for sale, transfers, or exchanges any firearms at a gun

6 show, regardless of whether the person arranges with a gun

7 show promoter for a fixed location from which to exhibit,

8 sell, offer for sale, transfer, or exchange any firearm.

9 "Intellectual disability" means significantly subaverage

10 general intellectual functioning, existing concurrently with

11 deficits in adaptive behavior and manifested during the

12 developmental period, which is defined as before the age of

13 22, that adversely affects a child's educational performance.

14 "Involuntarily admitted" has the meaning as prescribed in

15 Sections 1-119 and 1-119.1 of the Mental Health and

16 Developmental Disabilities Code.

17 "Mental health facility" means any licensed private

18 hospital or hospital affiliate, institution, or facility, or

19 part thereof, and any facility, or part thereof, operated by

20 the State or a political subdivision thereof which provides

21 treatment of persons with mental illness and includes all

22 hospitals, institutions, clinics, evaluation facilities,

23 mental health centers, colleges, universities, long-term care

24 facilities, and nursing homes, or parts thereof, which provide

25 treatment of persons with mental illness whether or not the

26 primary purpose is to provide treatment of persons with mental

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1 illness.

2 "National governing body" means a group of persons who

3 adopt rules and formulate policy on behalf of a national

4 firearm sporting organization.

5 "Noncitizen" means a person who is not a citizen of the

6 United States, but is a person who is a foreign-born person who

7 lives in the United States, has not been naturalized, and is

8 still a citizen of a foreign country.

9 "Patient" means:

10 (1) a person who is admitted as an inpatient or

11 resident of a public or private mental health facility for

12 mental health treatment under Chapter III of the Mental

13 Health and Developmental Disabilities Code as an informal

14 admission, a voluntary admission, a minor admission, an

15 emergency admission, or an involuntary admission, unless

16 the treatment was solely for an alcohol abuse disorder; or

17 (2) a person who voluntarily or involuntarily receives

18 mental health treatment as an out-patient or is otherwise

19 provided services by a public or private mental health

20 facility and who poses a clear and present danger to

21 himself, herself, or others.

22 "Physician" has the meaning as defined in Section 1-120 of

23 the Mental Health and Developmental Disabilities Code.

24 "Prepackaged explosive components" has the same meaning

25 ascribed to the term in Section 24-4.3 of the Criminal Code of

26 2012.

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1 "Protective order" means any orders of protection issued

2 under the Illinois Domestic Violence Act of 1986, stalking no

3 contact orders issued under the Stalking No Contact Order Act,

4 civil no contact orders issued under the Civil No Contact

5 Order Act, and firearms restraining orders issued under the

6 Firearms Restraining Order Act or a substantially similar

7 order issued by the court of another state, tribe, or United

8 States territory or military tribunal.

9 "Qualified examiner" has the meaning provided in Section

10 1-122 of the Mental Health and Developmental Disabilities

11 Code.

12 "Sanctioned competitive shooting event" means a shooting

13 contest officially recognized by a national or state shooting

14 sport association, and includes any sight-in or practice

15 conducted in conjunction with the event.

16 "School administrator" means the person required to report

17 under the School Administrator Reporting of Mental Health

18 Clear and Present Danger Determinations Law.

19 "Stun gun or taser" has the meaning ascribed to it in

20 Section 24-1 of the Criminal Code of 2012.

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

22 102-813, eff. 5-13-22; 102-890, eff. 5-19-22; 102-972, eff.

23 1-1-23; 102-1030, eff. 5-27-22; revised 12-14-22.)

24 (430 ILCS 65/2) (from Ch. 38, par. 83-2)

25 Sec. 2. Firearm Owner's Identification Card required;

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1 exceptions.

2 (a) (1) No person may acquire or possess any firearm,

3 prepackaged explosive components, stun gun, or taser within

4 this State without having in his or her possession a Firearm

5 Owner's Identification Card previously issued in his or her

6 name by the Illinois State Police under the provisions of this

7 Act.

8 (2) No person may acquire or possess firearm ammunition

9 within this State without having in his or her possession a

10 Firearm Owner's Identification Card previously issued in his

11 or her name by the Illinois State Police under the provisions

12 of this Act.

13 (b) The provisions of this Section regarding the

14 possession of firearms, firearm ammunition, stun guns, and

15 tasers do not apply to:

16 (1) United States Marshals, while engaged in the

17 operation of their official duties;

18 (2) Members of the Armed Forces of the United States

19 or the National Guard, while engaged in the operation of

20 their official duties;

21 (3) Federal officials required to carry firearms,

22 while engaged in the operation of their official duties;

23 (4) Members of bona fide veterans organizations which

24 receive firearms directly from the armed forces of the

25 United States, while using the firearms for ceremonial

26 purposes with blank ammunition;

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1 (5) Nonresident hunters during hunting season, with

2 valid nonresident hunting licenses and while in an area

3 where hunting is permitted; however, at all other times

4 and in all other places these persons must have their

5 firearms unloaded and enclosed in a case;

6 (6) Those hunters exempt from obtaining a hunting

7 license who are required to submit their Firearm Owner's

8 Identification Card when hunting on Department of Natural

9 Resources owned or managed sites;

10 (7) Nonresidents while on a firing or shooting range

11 recognized by the Illinois State Police; however, these

12 persons must at all other times and in all other places

13 have their firearms unloaded and enclosed in a case;

14 (8) Nonresidents while at a firearm showing or display

15 recognized by the Illinois State Police; however, at all

16 other times and in all other places these persons must

17 have their firearms unloaded and enclosed in a case;

18 (9) Nonresidents whose firearms are unloaded and

19 enclosed in a case;

20 (10) Nonresidents who are currently licensed or

21 registered to possess a firearm in their resident state;

22 (11) Unemancipated minors while in the custody and

23 immediate control of their parent or legal guardian or

24 other person in loco parentis to the minor if the parent or

25 legal guardian or other person in loco parentis to the

26 minor has a currently valid Firearm Owner's Identification

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1 Card;

2 (12) Color guards of bona fide veterans organizations

3 or members of bona fide American Legion bands while using

4 firearms for ceremonial purposes with blank ammunition;

5 (13) Nonresident hunters whose state of residence does

6 not require them to be licensed or registered to possess a

7 firearm and only during hunting season, with valid hunting

8 licenses, while accompanied by, and using a firearm owned

9 by, a person who possesses a valid Firearm Owner's

10 Identification Card and while in an area within a

11 commercial club licensed under the Wildlife Code where

12 hunting is permitted and controlled, but in no instance

13 upon sites owned or managed by the Department of Natural

14 Resources;

15 (14) Resident hunters who are properly authorized to

16 hunt and, while accompanied by a person who possesses a

17 valid Firearm Owner's Identification Card, hunt in an area

18 within a commercial club licensed under the Wildlife Code

19 where hunting is permitted and controlled; and

20 (15) A person who is otherwise eligible to obtain a

21 Firearm Owner's Identification Card under this Act and is

22 under the direct supervision of a holder of a Firearm

23 Owner's Identification Card who is 21 years of age or

24 older while the person is on a firing or shooting range or

25 is a participant in a firearms safety and training course

26 recognized by a law enforcement agency or a national,

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1 statewide shooting sports organization.

2 (c) The provisions of this Section regarding the

3 acquisition and possession of firearms, firearm ammunition,

4 prepackaged explosive components, stun guns, and tasers do not

5 apply to law enforcement officials of this or any other

6 jurisdiction, while engaged in the performance ~~operation~~ of

7 their official duties.

8 (c-5) The provisions of paragraphs (1) and (2) of

9 subsection (a) of this Section regarding the possession of

10 firearms and firearm ammunition do not apply to the holder of a

11 valid concealed carry license issued under the Firearm

12 Concealed Carry Act who is in physical possession of the

13 concealed carry license.

14 (c-10) The provisions of paragraph (1) of subsection (a)

15 of this Section regarding the acquisition and possession of

16 prepackaged explosive components do not apply to:

17 (1) Members of the Armed Services or Reserves

18 Forces of the United States or the Illinois National Guard

19 while in the performance of their official duty.

20 (2) Persons licensed under State and federal law

21 to manufacture, import, or sell prepackaged explosive

22 components, and actually engaged in that business, but

23 only with respect to activities which are within the

24 lawful scope of the business, including the manufacture,

25 transportation, or testing of prepackaged explosive

26 components.

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1 (3) Contractors or subcontractors engaged in the

2 manufacture, transport, testing, delivery, transfer or

3 sale, and lawful experimental activities under a contract

4 or subcontract for the development and supply of the

5 product to the United States government or any branch of

6 the Armed Forces of the United States, when those

7 activities are necessary and incident to fulfilling the

8 terms of the contract. The exemption granted under this

9 paragraph (3) shall also apply to any authorized agent of

10 any contractor or subcontractor described in this

11 paragraph (3) who is operating within the scope of his or

12 her employment, when the activities involving the

13 prepackaged explosive components are necessary and

14 incident to fulfilling the terms of the contract.

15 (4) Sales clerks or retail merchants selling or

16 transferring prepackaged explosive components.

17 (d) Any person who becomes a resident of this State, who is

18 not otherwise prohibited from obtaining, possessing, or using

19 a firearm or firearm ammunition, shall not be required to have

20 a Firearm Owner's Identification Card to possess firearms or

21 firearms ammunition until 60 calendar days after he or she

22 obtains an Illinois driver's license or Illinois

23 Identification Card.

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

25 (430 ILCS 65/3) (from Ch. 38, par. 83-3)

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1 (Text of Section before amendment by P.A. 102-237)

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

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

4 firearm ammunition, prepackaged explosive components, stun

5 gun, or taser to any person within this State unless the

6 transferee with whom he deals displays either: (1) a currently

7 valid Firearm Owner's Identification Card which has previously

8 been issued in his or her name by the Illinois State Police

9 under the provisions of this Act; or (2) a currently valid

10 license to carry a concealed firearm which has previously been

11 issued in his or her name by the Illinois State Police under

12 the Firearm Concealed Carry Act. In addition, all firearm,

13 stun gun, and taser transfers by federally licensed firearm

14 dealers are subject to Section 3.1.

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

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

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

18 transferring the firearm, request the Illinois State Police to

19 conduct a background check on the prospective recipient of the

20 firearm in accordance with Section 3.1.

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

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

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

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

25 dealer shall, before selling or transferring the firearms,

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

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

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

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

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

5 Firearm Owner's Identification Card under State and federal

6 law including the National Instant Criminal Background Check

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

8 2023. Until that date the transferor shall contact the

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

10 Firearm Owner's Identification Card number to determine the

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

12 rules concerning the implementation of this subsection. The

13 Illinois State Police shall provide the seller or transferor

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

15 Identification Card is valid. Approvals issued by the Illinois

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

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

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

19 do not apply to:

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

21 federally licensed firearm dealer, if the federally

22 licensed firearm dealer conducts a background check on the

23 prospective recipient of the firearm in accordance with

24 Section 3.1 of this Act and follows all other applicable

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

26 seller or transferor of the firearm, although the dealer

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

2 inventory. The purchaser or transferee may be required by

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

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

5 compensation for performing the functions required under

6 this paragraph, plus the applicable fees authorized by

7 Section 3.1;

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

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

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

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

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

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

14 (3) transfers by persons acting pursuant to operation

15 of law or a court order;

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

17 subsection (a-5) of this Section;

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

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

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

21 by a gunsmith to a federally licensed firearms dealer for

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

23 gunsmith;

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

25 of the unlicensed transferee, if the unlicensed transferee

26 is not otherwise prohibited from possessing firearms and

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1 the unlicensed transferee reasonably believes that

2 possession of the firearm is necessary to prevent imminent

3 death or great bodily harm to the unlicensed transferee;

4 (7) transfers to a law enforcement or corrections

5 agency or a law enforcement or corrections officer acting

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

7 (8) transfers of firearms that have been rendered

8 permanently inoperable to a nonprofit historical society,

9 museum, or institutional collection; and

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

11 requirement of possessing a Firearm Owner's Identification

12 Card under Section 2 of this Act.

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

14 Internet-based system for individuals to determine the

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

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

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

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

19 rules not inconsistent with this Section to implement this

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

21 retain records in contravention of State and federal law.

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

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

24 serial numbers of firearms that have been reported stolen are

25 available for public access for individuals to ensure any

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

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

2 shall have the Internet-based system completed and available

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

4 rules not inconsistent with this Section to implement this

5 system.

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

7 to be transferred any firearm,prepackaged explosive

8 components, stun gun, or taser shall keep a record of the ~~such~~

9 transfer for a period of 10 years from the date of transfer.

10 Any person within this State who receives any firearm,

11 prepackaged explosive components, stun gun, or taser pursuant

12 to subsection (a-10) shall provide a record of the transfer

13 within 10 days of the transfer to a federally licensed firearm

14 dealer and shall not be required to maintain a transfer

15 record. The federally licensed firearm dealer shall maintain

16 the transfer record for 20 years from the date of receipt. A

17 federally licensed firearm dealer may charge a fee not to

18 exceed $25 to retain the record. The record shall be provided

19 and maintained in either an electronic or paper format. The

20 federally licensed firearm dealer shall not be liable for the

21 accuracy of any information in the transfer record submitted

22 pursuant to this Section. Such records shall contain the date

23 of the transfer; the description, serial number or other

24 information identifying the firearm,prepackaged explosive

25 components, stun gun, or taser if no serial number is

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

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

2 number and any approval number or documentation provided by

3 the Illinois State Police under ~~pursuant to~~ subsection (a-10)

4 of this Section; if the transfer was not completed within this

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

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

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

8 On demand of a peace officer the ~~such~~transferor shall produce

9 for inspection such record of transfer. For any transfer

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

11 of a peace officer, the ~~such~~ transferee shall identify the

12 federally licensed firearm dealer maintaining the transfer

13 record. If the transfer or sale took place at a gun show, the

14 record shall include the unique identification number. Failure

15 to record the unique identification number or approval number

16 is a petty offense. For transfers of a firearm,prepackaged

17 explosive components, stun gun, or taser made on or after

18 January 18, 2019 (the effective date of Public Act 100-1178),

19 failure by the private seller to maintain the transfer records

20 in accordance with this Section, or failure by a transferee

21 pursuant to subsection a-10 of this Section to identify the

22 federally licensed firearm dealer maintaining the transfer

23 record, is a Class A misdemeanor for the first offense and a

24 Class 4 felony for a second or subsequent offense occurring

25 within 10 years of the first offense and the second offense was

26 committed after conviction of the first offense. Whenever any

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1 person who has not previously been convicted of any violation

2 of subsection (a-5), the court may grant supervision pursuant

3 to and consistent with the limitations of Section 5-6-1 of the

4 Unified Code of Corrections. A transferee or transferor shall

5 not be criminally liable under this Section provided that he

6 or she provides the Illinois State Police with the transfer

7 records in accordance with procedures established by the

8 Illinois State Police. The Illinois State Police shall

9 establish, by rule, a standard form on its website.

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

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

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

13 to ship ammunition. Any resident purchasing ammunition within

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

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

16 or valid concealed carry license and either his or her

17 Illinois driver's license or Illinois State Identification

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

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

20 documents.

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

22 of firearm ammunition shall not apply to those persons

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

24 (Source: P.A. 102-538, eff. 8-20-21; 102-813, eff. 5-13-22;

25 102-1116, eff. 1-10-23.)

10300SB0754sam001

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LRB103 03208 RLC 58808 a

1 (Text of Section after amendment by P.A. 102-237)