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| 1 |  |  AN ACT concerning regulation.
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| 2 |  |  Be it enacted by the People of the State of Illinois,  | 
| 3 |  | represented in the General Assembly: 
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| 4 |  |  Section 5. The Firearm Owners Identification Card Act is  | 
| 5 |  | amended by changing Sections 1, 1.1, 2, and 3 as follows:
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| 6 |  |  (430 ILCS 65/1) (from Ch. 38, par. 83-1)
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| 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, pre-packaged  | 
| 12 |  | explosive components, firearm ammunition, 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  | 
| 17 |  | identify those persons who are prohibited by
Section 24-3.1 of  | 
| 18 |  | the Criminal Code of 2012, from
acquiring or possessing  | 
| 19 |  | firearms and firearm ammunition and who are prohibited by this  | 
| 20 |  | Act from acquiring stun guns and tasers.
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| 21 |  | (Source: P.A. 97-1150, eff. 1-25-13.)
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| 22 |  |  (430 ILCS 65/1.1) (from Ch. 38, par. 83-1.1)
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| 1 |  |  Sec. 1.1. For purposes of this Act: 
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| 2 |  |  "Addicted to narcotics" means a person who has been:  | 
| 3 |  |   (1) convicted of an offense involving the use or  | 
| 4 |  |  possession of cannabis, a controlled substance, or  | 
| 5 |  |  methamphetamine within the past year; or  | 
| 6 |  |   (2) determined by the Department of State Police to be  | 
| 7 |  |  addicted to narcotics based upon federal law or federal  | 
| 8 |  |  guidelines.  | 
| 9 |  |  "Addicted to narcotics" does not include possession or use  | 
| 10 |  | of a prescribed controlled substance under the direction and  | 
| 11 |  | authority of a physician or other person authorized to  | 
| 12 |  | prescribe the controlled substance when the controlled  | 
| 13 |  | substance is used in the prescribed manner. | 
| 14 |  |  "Adjudicated as a person with a mental disability" means  | 
| 15 |  | the person is the subject of a determination by a court, board,  | 
| 16 |  | commission or other lawful authority that the person, as a  | 
| 17 |  | result of marked subnormal intelligence, or mental illness,  | 
| 18 |  | mental impairment, incompetency, condition, or disease: | 
| 19 |  |   (1) presents a clear and present danger to himself,  | 
| 20 |  |  herself, or to others; | 
| 21 |  |   (2) lacks the mental capacity to manage his or her own  | 
| 22 |  |  affairs or is adjudicated a person with a disability as  | 
| 23 |  |  defined in Section 11a-2 of the Probate Act of 1975; | 
| 24 |  |   (3) is not guilty in a criminal case by reason of  | 
| 25 |  |  insanity, mental disease or defect; | 
| 26 |  |   (3.5) is guilty but mentally ill, as provided in  | 
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| 1 |  |  Section 5-2-6 of the Unified Code of Corrections;  | 
| 2 |  |   (4) is incompetent to stand trial in a criminal case;  | 
| 3 |  |   (5) is not guilty by reason of lack of mental  | 
| 4 |  |  responsibility under Articles 50a and 72b of the Uniform  | 
| 5 |  |  Code of Military Justice, 10 U.S.C. 850a, 876b;
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| 6 |  |   (6) is a sexually violent person under subsection (f)  | 
| 7 |  |  of Section 5 of the Sexually Violent Persons Commitment  | 
| 8 |  |  Act;  | 
| 9 |  |   (7) is a sexually dangerous person under the Sexually  | 
| 10 |  |  Dangerous Persons Act;  | 
| 11 |  |   (8) is unfit to stand trial under the Juvenile Court  | 
| 12 |  |  Act of 1987;  | 
| 13 |  |   (9) is not guilty by reason of insanity under the  | 
| 14 |  |  Juvenile Court Act of 1987;  | 
| 15 |  |   (10) is subject to involuntary admission as an  | 
| 16 |  |  inpatient as defined in Section 1-119 of the Mental Health  | 
| 17 |  |  and Developmental Disabilities Code;  | 
| 18 |  |   (11) is subject to involuntary admission as an  | 
| 19 |  |  outpatient as defined in Section 1-119.1 of the Mental  | 
| 20 |  |  Health and Developmental Disabilities Code;  | 
| 21 |  |   (12) is subject to judicial admission as set forth in  | 
| 22 |  |  Section 4-500 of the Mental Health and Developmental  | 
| 23 |  |  Disabilities Code; or  | 
| 24 |  |   (13) is subject to the provisions of the Interstate  | 
| 25 |  |  Agreements on Sexually Dangerous Persons Act.  | 
| 26 |  |  "Clear and present danger" means a person who: | 
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| 1 |  |   (1) communicates a serious threat of physical violence  | 
| 2 |  |  against a reasonably identifiable victim or poses a clear  | 
| 3 |  |  and imminent risk of serious physical injury to himself,  | 
| 4 |  |  herself, or another person as determined by a physician,  | 
| 5 |  |  clinical psychologist, or qualified examiner; or | 
| 6 |  |   (2) demonstrates threatening physical or verbal  | 
| 7 |  |  behavior, such as violent, suicidal, or assaultive  | 
| 8 |  |  threats, actions, or other behavior, as determined by a  | 
| 9 |  |  physician, clinical psychologist, qualified examiner,  | 
| 10 |  |  school administrator, or law enforcement official. | 
| 11 |  |  "Clinical psychologist" has the meaning provided in  | 
| 12 |  | Section 1-103 of the Mental Health and Developmental  | 
| 13 |  | Disabilities Code. | 
| 14 |  |  "Controlled substance" means a controlled substance or  | 
| 15 |  | controlled substance analog as defined in the Illinois  | 
| 16 |  | Controlled Substances Act.  | 
| 17 |  |  "Counterfeit" means to copy or imitate, without legal  | 
| 18 |  | authority, with
intent
to deceive. | 
| 19 |  |  "Federally licensed firearm dealer" means a person who is  | 
| 20 |  | licensed as a federal firearms dealer under Section 923 of the  | 
| 21 |  | federal Gun Control Act of 1968 (18 U.S.C. 923).
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| 22 |  |  "Firearm" means any device, by
whatever name known, which  | 
| 23 |  | is designed to expel a projectile or projectiles
by the action  | 
| 24 |  | of an explosion, expansion of gas or escape of gas; excluding,
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| 25 |  | however:
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| 26 |  |   (1) any pneumatic gun, spring gun, paint ball gun, or  | 
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| 1 |  |  B-B gun which
expels a single globular projectile not  | 
| 2 |  |  exceeding .18 inch in
diameter or which has a maximum  | 
| 3 |  |  muzzle velocity of less than 700 feet
per second;
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| 4 |  |   (1.1) any pneumatic gun, spring gun, paint ball gun, or  | 
| 5 |  |  B-B gun which expels breakable paint balls containing  | 
| 6 |  |  washable marking colors;  | 
| 7 |  |   (2) any device used exclusively for signalling or  | 
| 8 |  |  safety and required or
recommended by the United States  | 
| 9 |  |  Coast Guard or the Interstate Commerce
Commission;
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| 10 |  |   (3) any device used exclusively for the firing of stud  | 
| 11 |  |  cartridges,
explosive rivets or similar industrial  | 
| 12 |  |  ammunition; and
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| 13 |  |   (4) an antique firearm (other than a machine-gun)  | 
| 14 |  |  which, although
designed as a weapon, the Department of  | 
| 15 |  |  State Police finds by reason of
the date of its  | 
| 16 |  |  manufacture, value, design, and other characteristics is
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| 17 |  |  primarily a collector's item and is not likely to be used  | 
| 18 |  |  as a weapon.
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| 19 |  |  "Firearm ammunition" means any self-contained cartridge or  | 
| 20 |  | shotgun
shell, by whatever name known, which is designed to be  | 
| 21 |  | used or adaptable to
use in a firearm; excluding, however:
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| 22 |  |   (1) any ammunition exclusively designed for use with a  | 
| 23 |  |  device used
exclusively for signalling or safety and  | 
| 24 |  |  required or recommended by the
United States Coast Guard or  | 
| 25 |  |  the Interstate Commerce Commission; and
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| 26 |  |   (2) any ammunition designed exclusively for use with a  | 
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| 1 |  |  stud or rivet
driver or other similar industrial  | 
| 2 |  |  ammunition. | 
| 3 |  |  "Gun show" means an event or function: | 
| 4 |  |   (1) at which the sale and transfer of firearms is the  | 
| 5 |  |  regular and normal course of business and where 50 or more  | 
| 6 |  |  firearms are displayed, offered, or exhibited for sale,  | 
| 7 |  |  transfer, or exchange; or | 
| 8 |  |   (2) at which not less than 10 gun show vendors display,  | 
| 9 |  |  offer, or exhibit for sale, sell, transfer, or exchange  | 
| 10 |  |  firearms.
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| 11 |  |  "Gun show" includes the entire premises provided for an  | 
| 12 |  | event or function, including parking areas for the event or  | 
| 13 |  | function, that is sponsored to facilitate the purchase, sale,  | 
| 14 |  | transfer, or exchange of firearms as described in this Section.
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| 15 |  | Nothing in this definition shall be construed to exclude a gun  | 
| 16 |  | show held in conjunction with competitive shooting events at  | 
| 17 |  | the World Shooting Complex sanctioned by a national governing  | 
| 18 |  | body in which the sale or transfer of firearms is authorized  | 
| 19 |  | under subparagraph (5) of paragraph (g) of subsection (A) of  | 
| 20 |  | Section 24-3 of the Criminal Code of 2012.  | 
| 21 |  |  Unless otherwise expressly stated, "gun show" does not  | 
| 22 |  | include training or safety classes, competitive shooting  | 
| 23 |  | events, such as rifle, shotgun, or handgun matches, trap,  | 
| 24 |  | skeet, or sporting clays shoots, dinners, banquets, raffles, or
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| 25 |  | any other event where the sale or transfer of firearms is not  | 
| 26 |  | the primary course of business. | 
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| 1 |  |  "Gun show promoter" means a person who organizes or  | 
| 2 |  | operates a gun show. | 
| 3 |  |  "Gun show vendor" means a person who exhibits, sells,  | 
| 4 |  | offers for sale, transfers, or exchanges any firearms at a gun  | 
| 5 |  | show, regardless of whether the person arranges with a gun show  | 
| 6 |  | promoter for a fixed location from which to exhibit, sell,  | 
| 7 |  | offer for sale, transfer, or exchange any firearm. | 
| 8 |  |  "Involuntarily admitted" has the meaning as prescribed in  | 
| 9 |  | Sections 1-119 and 1-119.1 of the Mental Health and  | 
| 10 |  | Developmental Disabilities Code.  | 
| 11 |  |  "Mental health facility" means any licensed private  | 
| 12 |  | hospital or hospital affiliate, institution, or facility, or  | 
| 13 |  | part thereof, and any facility, or part thereof, operated by  | 
| 14 |  | the State or a political subdivision thereof which provide  | 
| 15 |  | treatment of persons with mental illness and includes all  | 
| 16 |  | hospitals, institutions, clinics, evaluation facilities,  | 
| 17 |  | mental health centers, colleges, universities, long-term care  | 
| 18 |  | facilities, and nursing homes, or parts thereof, which provide  | 
| 19 |  | treatment of persons with mental illness whether or not the  | 
| 20 |  | primary purpose is to provide treatment of persons with mental  | 
| 21 |  | illness.  | 
| 22 |  |  "National governing body" means a group of persons who  | 
| 23 |  | adopt rules and formulate policy on behalf of a national  | 
| 24 |  | firearm sporting organization.  | 
| 25 |  |  "Patient" means:  | 
| 26 |  |   (1) a person who voluntarily receives mental health  | 
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| 1 |  |  treatment as an in-patient or resident of any public or  | 
| 2 |  |  private mental health facility, unless the treatment was  | 
| 3 |  |  solely for an alcohol abuse disorder and no other secondary  | 
| 4 |  |  substance abuse disorder or mental illness; or  | 
| 5 |  |   (2) a person who voluntarily receives mental health  | 
| 6 |  |  treatment as an out-patient or is provided services by a  | 
| 7 |  |  public or private mental health facility, and who poses a  | 
| 8 |  |  clear and present danger to himself, herself, or to others.  | 
| 9 |  |  "Person with a developmental disability" means a person  | 
| 10 |  | with a disability which is attributable to any other condition  | 
| 11 |  | which results in impairment similar to that caused by an  | 
| 12 |  | intellectual disability and which requires services similar to  | 
| 13 |  | those required by persons with intellectual disabilities. The  | 
| 14 |  | disability must originate before the age of 18
years, be  | 
| 15 |  | expected to continue indefinitely, and constitute a  | 
| 16 |  | substantial disability. This disability results, in the  | 
| 17 |  | professional opinion of a physician, clinical psychologist, or  | 
| 18 |  | qualified examiner, in significant functional limitations in 3  | 
| 19 |  | or more of the following areas of major life activity: | 
| 20 |  |   (i) self-care; | 
| 21 |  |   (ii) receptive and expressive language; | 
| 22 |  |   (iii) learning; | 
| 23 |  |   (iv) mobility; or | 
| 24 |  |   (v) self-direction.  | 
| 25 |  |  "Person with an intellectual disability" means a person  | 
| 26 |  | with a significantly subaverage general intellectual  | 
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| 1 |  | functioning which exists concurrently with impairment in  | 
| 2 |  | adaptive behavior and which originates before the age of 18  | 
| 3 |  | years.  | 
| 4 |  |  "Physician" has the meaning as defined in Section 1-120 of  | 
| 5 |  | the Mental Health and Developmental Disabilities Code. | 
| 6 |  |  "Pre-packaged explosive components" has the same meaning  | 
| 7 |  | ascribed to the term in Section 24-4.3 of the Criminal Code of  | 
| 8 |  | 2012. | 
| 9 |  |  "Qualified examiner" has the meaning provided in Section  | 
| 10 |  | 1-122 of the Mental Health and Developmental Disabilities Code. | 
| 11 |  |  "Sanctioned competitive shooting event" means a shooting  | 
| 12 |  | contest officially recognized by a national or state shooting  | 
| 13 |  | sport association, and includes any sight-in or practice  | 
| 14 |  | conducted in conjunction with the event.
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| 15 |  |  "School administrator" means the person required to report  | 
| 16 |  | under the School Administrator Reporting of Mental Health Clear  | 
| 17 |  | and Present Danger Determinations Law. | 
| 18 |  |  "Stun gun or taser" has the meaning ascribed to it in  | 
| 19 |  | Section 24-1 of the Criminal Code of 2012. | 
| 20 |  | (Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15; 99-143,  | 
| 21 |  | eff. 7-27-15; 99-642, eff. 7-28-16.)
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| 22 |  |  (430 ILCS 65/2) (from Ch. 38, par. 83-2)
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| 23 |  |  Sec. 2. Firearm Owner's Identification Card required;  | 
| 24 |  | exceptions. 
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| 25 |  |  (a) (1) No person may acquire or possess any firearm,  | 
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| 1 |  | pre-packaged explosive components, stun gun, or taser within  | 
| 2 |  | this State
without having in his or her possession a Firearm  | 
| 3 |  | Owner's Identification Card
previously issued in his or her  | 
| 4 |  | name by the Department of State Police under
the provisions of  | 
| 5 |  | this Act. 
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| 6 |  |  (2) No person may acquire or possess firearm ammunition  | 
| 7 |  | within this
State without having in his or her possession a  | 
| 8 |  | Firearm Owner's Identification
Card previously issued in his or  | 
| 9 |  | her name by the Department of State Police
under the provisions  | 
| 10 |  | of this Act.
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| 11 |  |  (b) The provisions of this Section regarding the possession  | 
| 12 |  | of firearms, firearm ammunition, stun guns, and tasers do not  | 
| 13 |  | apply to:
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| 14 |  |   (1) United States Marshals, while engaged in the  | 
| 15 |  |  operation of their
official duties;
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| 16 |  |   (2) Members of the Armed Forces of the United States or  | 
| 17 |  |  the National
Guard, while engaged in the operation of their  | 
| 18 |  |  official duties;
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| 19 |  |   (3) Federal officials required to carry firearms,  | 
| 20 |  |  while engaged in the
operation of their official duties;
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| 21 |  |   (4) Members of bona fide veterans organizations which  | 
| 22 |  |  receive firearms
directly from the armed forces of the  | 
| 23 |  |  United States, while using the
firearms for ceremonial  | 
| 24 |  |  purposes with blank ammunition;
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| 25 |  |   (5) Nonresident hunters during hunting season, with  | 
| 26 |  |  valid nonresident
hunting licenses and while in an area  | 
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| 1 |  |  where hunting is permitted; however,
at all other times and  | 
| 2 |  |  in all other places these persons must have their
firearms  | 
| 3 |  |  unloaded and enclosed in a case;
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| 4 |  |   (6) Those hunters exempt from obtaining a hunting  | 
| 5 |  |  license who are
required to submit their Firearm Owner's  | 
| 6 |  |  Identification Card when hunting
on Department of Natural  | 
| 7 |  |  Resources owned or managed sites;
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| 8 |  |   (7) Nonresidents while on a firing or shooting range  | 
| 9 |  |  recognized by the
Department of State Police; however,  | 
| 10 |  |  these persons must at all other times
and in all other  | 
| 11 |  |  places have their firearms unloaded and enclosed in a case;
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| 12 |  |   (8) Nonresidents while at a firearm showing or display  | 
| 13 |  |  recognized by
the Department of State Police; however, at  | 
| 14 |  |  all other times and in all
other places these persons must  | 
| 15 |  |  have their firearms unloaded and enclosed
in a case;
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| 16 |  |   (9) Nonresidents whose firearms are unloaded and  | 
| 17 |  |  enclosed in a case;
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| 18 |  |   (10) Nonresidents who are currently licensed or  | 
| 19 |  |  registered to possess a
firearm in their resident state;
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| 20 |  |   (11) Unemancipated minors while in the custody and  | 
| 21 |  |  immediate control of
their parent or legal guardian or  | 
| 22 |  |  other person in loco parentis to the
minor if the parent or  | 
| 23 |  |  legal guardian or other person in loco parentis to
the  | 
| 24 |  |  minor has a currently valid Firearm Owner's Identification
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| 25 |  |  Card;
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| 26 |  |   (12) Color guards of bona fide veterans organizations  | 
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| 1 |  |  or members of bona
fide American Legion bands while using  | 
| 2 |  |  firearms for ceremonial purposes
with blank ammunition;
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| 3 |  |   (13) Nonresident hunters whose state of residence does  | 
| 4 |  |  not require
them to be licensed or registered to possess a  | 
| 5 |  |  firearm and only during
hunting season, with valid hunting  | 
| 6 |  |  licenses, while accompanied by, and
using a firearm owned  | 
| 7 |  |  by, a person who possesses a valid Firearm Owner's
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| 8 |  |  Identification Card and while in an area within a  | 
| 9 |  |  commercial club licensed
under the Wildlife Code where  | 
| 10 |  |  hunting is permitted and controlled, but in
no instance  | 
| 11 |  |  upon sites owned or managed by the Department of Natural
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| 12 |  |  Resources;
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| 13 |  |   (14) Resident hunters who are properly authorized to  | 
| 14 |  |  hunt and,
while accompanied by a person who possesses a  | 
| 15 |  |  valid Firearm Owner's
Identification Card, hunt in an area  | 
| 16 |  |  within a commercial club licensed
under the Wildlife Code  | 
| 17 |  |  where hunting is permitted and controlled;
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| 18 |  |   (15) A person who is otherwise eligible to obtain a  | 
| 19 |  |  Firearm Owner's
Identification Card under this Act and is  | 
| 20 |  |  under the direct supervision of a
holder of a Firearm
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| 21 |  |  Owner's Identification Card who is 21 years of age or older  | 
| 22 |  |  while the person is
on a firing or shooting range
or is a
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| 23 |  |  participant in a firearms safety and training course  | 
| 24 |  |  recognized by a law
enforcement agency or a national,  | 
| 25 |  |  statewide shooting sports organization; and
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| 26 |  |   (16) Competitive shooting athletes whose competition  | 
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| 1 |  |  firearms are sanctioned by the International Olympic  | 
| 2 |  |  Committee, the International Paralympic Committee, the  | 
| 3 |  |  International Shooting Sport Federation, or USA Shooting  | 
| 4 |  |  in connection with such athletes' training for and  | 
| 5 |  |  participation in shooting competitions at the 2016 Olympic  | 
| 6 |  |  and Paralympic Games and sanctioned test events leading up  | 
| 7 |  |  to the 2016 Olympic and Paralympic Games.  | 
| 8 |  |  (c) The provisions of this Section regarding the  | 
| 9 |  | acquisition and possession
of firearms, pre-packaged explosive  | 
| 10 |  | components, firearm ammunition, stun guns, and tasers do not  | 
| 11 |  | apply to law enforcement officials
of this or any other  | 
| 12 |  | jurisdiction, while engaged in the performance operation of  | 
| 13 |  | their
official duties.
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| 14 |  |  (c-5) The provisions of paragraphs (1) and (2) of  | 
| 15 |  | subsection (a) of this Section regarding the possession of  | 
| 16 |  | firearms
and firearm ammunition do not apply to the holder of a  | 
| 17 |  | valid concealed carry
license issued under the Firearm  | 
| 18 |  | Concealed Carry Act who is in physical
possession of the  | 
| 19 |  | concealed carry license.  | 
| 20 |  |  (c-10) The provisions of paragraph (1) of subsection (a) of  | 
| 21 |  | this Section regarding the acquisition and possession of  | 
| 22 |  | pre-packaged explosive components do not apply to: | 
| 23 |  |    (1) Members of the Armed Services or Reserves  | 
| 24 |  |  Forces of the United States or the Illinois National Guard  | 
| 25 |  |  while in the performance of their official duty.  | 
| 26 |  |    (2) Persons licensed under State and federal law to  | 
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| 1 |  |  manufacture, import, or sell pre-packaged explosive  | 
| 2 |  |  components, and actually engaged in that business, but only  | 
| 3 |  |  with respect to activities which are within the lawful  | 
| 4 |  |  scope of the business, including the manufacture,  | 
| 5 |  |  transportation, or testing of pre-packaged explosive  | 
| 6 |  |  components.  | 
| 7 |  |    (3) Contractors or subcontractors engaged in the  | 
| 8 |  |  manufacture, transport, testing, delivery, transfer or  | 
| 9 |  |  sale, and lawful experimental activities under a contract  | 
| 10 |  |  or subcontract for the development and supply of the  | 
| 11 |  |  product to the United States government or any branch of  | 
| 12 |  |  the Armed Forces of the United States, when those  | 
| 13 |  |  activities are necessary and incident to fulfilling the  | 
| 14 |  |  terms of the contract. The exemption granted under this  | 
| 15 |  |  paragraph (3) shall also apply to any authorized agent of  | 
| 16 |  |  any contractor or subcontractor described in this  | 
| 17 |  |  paragraph (3) who is operating within the scope of his or  | 
| 18 |  |  her employment, when the activities involving the  | 
| 19 |  |  pre-packaged explosive components are necessary and  | 
| 20 |  |  incident to fulfilling the terms of the contract.  | 
| 21 |  |    (4) Sales clerks or retail merchants selling or  | 
| 22 |  |  transferring pre-packaged explosive components.  | 
| 23 |  |  (d) Any person who becomes a resident of this State, who is  | 
| 24 |  | not otherwise prohibited from obtaining, possessing, or using a  | 
| 25 |  | firearm or firearm ammunition, shall not be required to have a  | 
| 26 |  | Firearm Owner's Identification Card to possess firearms or  | 
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| 1 |  | firearms ammunition until 60 calendar days after he or she  | 
| 2 |  | obtains an Illinois driver's license or Illinois  | 
| 3 |  | Identification Card.  | 
| 4 |  | (Source: P.A. 99-29, eff. 7-10-15.)
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| 5 |  |  (430 ILCS 65/3) (from Ch. 38, par. 83-3) | 
| 6 |  |  Sec. 3. (a) Except as provided in Section 3a, no person may  | 
| 7 |  | knowingly
transfer, or cause to be transferred, any firearm,  | 
| 8 |  | pre-packaged explosive components, firearm ammunition, stun  | 
| 9 |  | gun, or taser to any person within this State unless the
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| 10 |  | transferee with whom he deals displays either: (1) a currently  | 
| 11 |  | valid Firearm Owner's
Identification Card which has previously  | 
| 12 |  | been issued in his or her name by the
Department of State  | 
| 13 |  | Police under the provisions of this Act; or (2) a currently  | 
| 14 |  | valid license to carry a concealed firearm which has previously  | 
| 15 |  | been issued in his or her name by the
Department of State  | 
| 16 |  | Police under the Firearm Concealed Carry Act. In addition,
all  | 
| 17 |  | firearm, stun gun, and taser transfers by federally licensed  | 
| 18 |  | firearm dealers are subject
to Section 3.1. | 
| 19 |  |  (a-5) Any person who is not a federally licensed firearm  | 
| 20 |  | dealer and who desires to transfer or sell a firearm while that  | 
| 21 |  | person is on the grounds of a gun show must, before selling or  | 
| 22 |  | transferring the firearm, request the Department of State  | 
| 23 |  | Police to conduct a background check on the prospective  | 
| 24 |  | recipient of the firearm in accordance with Section 3.1.
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| 25 |  |  (a-10) Notwithstanding item (2) of subsection (a) of this  | 
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| 1 |  | Section, any person who is not a federally licensed firearm  | 
| 2 |  | dealer and who desires to transfer or sell a firearm or  | 
| 3 |  | firearms to any person who is not a federally licensed firearm  | 
| 4 |  | dealer shall, before selling or transferring the firearms,  | 
| 5 |  | contact the Department of State Police with the transferee's or  | 
| 6 |  | purchaser's Firearm Owner's Identification Card number to  | 
| 7 |  | determine the validity of the transferee's or purchaser's  | 
| 8 |  | Firearm Owner's Identification Card. This subsection shall not  | 
| 9 |  | be effective until January 1, 2014. The Department of State  | 
| 10 |  | Police may adopt rules concerning the implementation of this  | 
| 11 |  | subsection. The Department of State Police shall provide the  | 
| 12 |  | seller or transferor an approval number if the purchaser's  | 
| 13 |  | Firearm Owner's Identification Card is valid. Approvals issued  | 
| 14 |  | by the Department for the purchase of a firearm pursuant to  | 
| 15 |  | this subsection are valid for 30 days from the date of issue. | 
| 16 |  |  (a-15) The provisions of subsection (a-10) of this Section  | 
| 17 |  | do not apply to: | 
| 18 |  |   (1) transfers that occur at the place of business of a  | 
| 19 |  |  federally licensed firearm dealer, if the federally  | 
| 20 |  |  licensed firearm dealer conducts a background check on the  | 
| 21 |  |  prospective recipient of the firearm in accordance with  | 
| 22 |  |  Section 3.1 of this Act and follows all other applicable  | 
| 23 |  |  federal, State, and local laws as if he or she were the  | 
| 24 |  |  seller or transferor of the firearm, although the dealer is  | 
| 25 |  |  not required to accept the firearm into his or her  | 
| 26 |  |  inventory. The purchaser or transferee may be required by  | 
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| 1 |  |  the federally licensed firearm dealer to pay a fee not to  | 
| 2 |  |  exceed $10 per firearm, which the dealer may retain as  | 
| 3 |  |  compensation for performing the functions required under  | 
| 4 |  |  this paragraph, plus the applicable fees authorized by  | 
| 5 |  |  Section 3.1; | 
| 6 |  |   (2) transfers as a bona fide gift to the transferor's  | 
| 7 |  |  husband, wife, son, daughter, stepson, stepdaughter,  | 
| 8 |  |  father, mother, stepfather, stepmother, brother, sister,  | 
| 9 |  |  nephew, niece, uncle, aunt, grandfather, grandmother,  | 
| 10 |  |  grandson, granddaughter, father-in-law, mother-in-law,  | 
| 11 |  |  son-in-law, or daughter-in-law; | 
| 12 |  |   (3) transfers by persons acting pursuant to operation  | 
| 13 |  |  of law or a court order; | 
| 14 |  |   (4) transfers on the grounds of a gun show under  | 
| 15 |  |  subsection (a-5) of this Section; | 
| 16 |  |   (5) the delivery of a firearm by its owner to a  | 
| 17 |  |  gunsmith for service or repair, the return of the firearm  | 
| 18 |  |  to its owner by the gunsmith, or the delivery of a firearm  | 
| 19 |  |  by a gunsmith to a federally licensed firearms dealer for  | 
| 20 |  |  service or repair and the return of the firearm to the  | 
| 21 |  |  gunsmith; | 
| 22 |  |   (6) temporary transfers that occur while in the home of  | 
| 23 |  |  the unlicensed transferee, if the unlicensed transferee is  | 
| 24 |  |  not otherwise prohibited from possessing firearms and the  | 
| 25 |  |  unlicensed transferee reasonably believes that possession  | 
| 26 |  |  of the firearm is necessary to prevent imminent death or  | 
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| 1 |  |  great bodily harm to the unlicensed transferee; | 
| 2 |  |   (7) transfers to a law enforcement or corrections  | 
| 3 |  |  agency or a law enforcement or corrections officer acting  | 
| 4 |  |  within the course and scope of his or her official duties; | 
| 5 |  |   (8) transfers of firearms that have been rendered  | 
| 6 |  |  permanently inoperable to a nonprofit historical society,  | 
| 7 |  |  museum, or institutional collection; and | 
| 8 |  |   (9) transfers to a person who is exempt from the  | 
| 9 |  |  requirement of possessing a Firearm Owner's Identification  | 
| 10 |  |  Card under Section 2 of this Act. | 
| 11 |  |  (a-20) The Department of State Police shall develop an  | 
| 12 |  | Internet-based system for individuals to determine the  | 
| 13 |  | validity of a Firearm Owner's Identification Card prior to the  | 
| 14 |  | sale or transfer of a firearm. The Department shall have the  | 
| 15 |  | Internet-based system completed and available for use by July  | 
| 16 |  | 1, 2015. The Department shall adopt rules not inconsistent with  | 
| 17 |  | this Section to implement this system. | 
| 18 |  |  (b) Any person within this State who transfers or causes to  | 
| 19 |  | be
transferred any firearm, pre-packaged explosive components,  | 
| 20 |  | stun gun, or taser shall keep a record of the such transfer for  | 
| 21 |  | a period
of 10 years from the date of transfer. The Such record  | 
| 22 |  | shall contain the date
of the transfer; the description, serial  | 
| 23 |  | number or other information
identifying the firearm,  | 
| 24 |  | pre-packaged explosive components, stun gun, or taser if no  | 
| 25 |  | serial number is available; and, if the
transfer was completed  | 
| 26 |  | within this State, the transferee's Firearm Owner's
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| 1 |  | Identification Card number and any approval number or  | 
| 2 |  | documentation provided by the Department of State Police under  | 
| 3 |  | pursuant to subsection (a-10) of this Section. On or after  | 
| 4 |  | January 1, 2006, the record shall contain the date of  | 
| 5 |  | application for transfer of the firearm. On demand of a peace  | 
| 6 |  | officer the such transferor
shall produce for inspection the  | 
| 7 |  | such record of transfer. If the transfer or sale took place at  | 
| 8 |  | a gun show, the record shall include the unique identification  | 
| 9 |  | number. Failure to record the unique identification number or  | 
| 10 |  | approval number is a petty offense.
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| 11 |  |  (b-5) Any resident may purchase ammunition from a person  | 
| 12 |  | within or outside of Illinois if shipment is by United States  | 
| 13 |  | mail or by a private express carrier authorized by federal law  | 
| 14 |  | to ship ammunition. Any resident purchasing ammunition within  | 
| 15 |  | or outside the State of Illinois must provide the seller with a  | 
| 16 |  | copy of his or her valid Firearm Owner's Identification Card or  | 
| 17 |  | valid concealed carry license and either his or her Illinois  | 
| 18 |  | driver's license or Illinois State Identification Card prior to  | 
| 19 |  | the shipment of the ammunition. The ammunition may be shipped  | 
| 20 |  | only to an address on either of those 2 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. 98-508, eff. 8-19-13; 99-29, eff. 7-10-15.)
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| 25 |  |  Section 10. The Criminal Code of 2012 is amended by adding  | 
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| 1 |  | Section 24-4.3 as follows:
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| 2 |  |  (720 ILCS 5/24-4.3 new) | 
| 3 |  |  Sec. 24-4.3. Unlawful sale or delivery of pre-packaged  | 
| 4 |  | explosive components. | 
| 5 |  |  (a) A person commits unlawful sale or delivery of  | 
| 6 |  | pre-packaged explosive components when he or she knowingly does  | 
| 7 |  | any of the following:  | 
| 8 |  |   (1) Sells or gives pre-packaged explosive components  | 
| 9 |  |  to a person who is disqualified under the Firearm Owners  | 
| 10 |  |  Identification Card Act. | 
| 11 |  |   (2) Sells or transfers pre-packaged explosive  | 
| 12 |  |  components to a person who does not display to the seller  | 
| 13 |  |  or transferor of the pre-packaged explosive components a  | 
| 14 |  |  currently valid Firearm Owner's Identification Card that  | 
| 15 |  |  has previously been issued in the transferee's name by the  | 
| 16 |  |  Department of State Police under the Firearm Owners  | 
| 17 |  |  Identification Card Act. This paragraph (2) does not apply  | 
| 18 |  |  to the transfer of pre-packaged explosive components to a  | 
| 19 |  |  person who is exempt from the requirement of possessing a  | 
| 20 |  |  Firearm Owner's Identification Card under Section 2 of the  | 
| 21 |  |  Firearm Owners Identification Card Act. For the purposes of  | 
| 22 |  |  this Section, a currently valid Firearm Owner's  | 
| 23 |  |  Identification Card means a Firearm Owner's Identification  | 
| 24 |  |  Card that has not expired. | 
| 25 |  |   (3) Sells or gives pre-packaged explosive components  | 
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| 1 |  |  while engaged in the business of selling pre-packaged  | 
| 2 |  |  explosive components at wholesale or retail without being  | 
| 3 |  |  licensed as a federal firearms dealer under Section 923 of  | 
| 4 |  |  the federal Gun Control Act of 1968 (18 U.S.C. 923). In  | 
| 5 |  |  this paragraph (3), a person "engaged in the business"  | 
| 6 |  |  means a person who devotes time, attention, and labor to  | 
| 7 |  |  engaging in the activity as a regular course of trade or  | 
| 8 |  |  business with the principal objective of livelihood and  | 
| 9 |  |  profit.  | 
| 10 |  |  (b) For the purposes of this Section, "pre-packaged  | 
| 11 |  | explosive components" means a pre-packaged product containing  | 
| 12 |  | 2 or more unmixed, commercially manufactured chemical  | 
| 13 |  | substances that are not independently classified as explosives  | 
| 14 |  | but which when mixed or combined, results in an explosive  | 
| 15 |  | material subject to regulation by the federal Bureau of  | 
| 16 |  | Alcohol, Tobacco, Firearms, and Explosives under Title 27 CFR  | 
| 17 |  | Part 555.  | 
| 18 |  |  (c) All sellers or transferors who have complied with the  | 
| 19 |  | requirements of this Section shall not be liable for damages in  | 
| 20 |  | any civil action arising from the use or misuse by the  | 
| 21 |  | transferee of the pre-packaged explosive components  | 
| 22 |  | transferred, except for willful or wanton misconduct on the  | 
| 23 |  | part of the seller or transferor. | 
| 24 |  |  (d) Sentence. Any person who is convicted of unlawful sale  | 
| 25 |  | or delivery of pre-packaged explosive components commits a  | 
| 26 |  | Class 4 felony. 
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