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| 1 | AN ACT concerning safety.
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| 2 | Be it enacted by the People of the State of Illinois,
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| 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, 2, 3, and 3.1 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, and firearm | |||||||||||||||||||||||||
| 12 | ammunition, stun guns, and tasers within the State of Illinois | |||||||||||||||||||||||||
| 13 | by the establishment of
a system of Firearm Owner's | |||||||||||||||||||||||||
| 14 | Identification Cards, thereby establishing a
practical and | |||||||||||||||||||||||||
| 15 | workable system by which law enforcement authorities will be
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| 16 | afforded an opportunity to identify those persons who are | |||||||||||||||||||||||||
| 17 | prohibited by
Section 24-3.1 of the Criminal Code of 2012, from
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| 18 | acquiring or possessing firearms and firearm ammunition and who | |||||||||||||||||||||||||
| 19 | are prohibited by this Act from acquiring stun guns and tasers.
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| 20 | (Source: P.A. 97-1150, eff. 1-25-13.)
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| 21 | (430 ILCS 65/2) (from Ch. 38, par. 83-2)
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| 22 | Sec. 2. Firearm Owner's Identification Card required; | |||||||||||||||||||||||||
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| |||||||
| 1 | exceptions.
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| 2 | (a) (1) No person may acquire or possess any firearm, stun | ||||||
| 3 | gun, or taser within this State
without having in his or her | ||||||
| 4 | possession a Firearm Owner's Identification Card
previously | ||||||
| 5 | issued in his or her name by the Department of State Police | ||||||
| 6 | under
the provisions of this Act.
| ||||||
| 7 | (2) No person may acquire or possess firearm ammunition | ||||||
| 8 | within this
State without having in his or her possession a | ||||||
| 9 | Firearm Owner's Identification
Card previously issued in his or | ||||||
| 10 | her name by the Department of State Police
under the provisions | ||||||
| 11 | of this Act.
| ||||||
| 12 | (b) The provisions of this Section regarding the possession | ||||||
| 13 | of firearms or , firearm ammunition, stun guns, and tasers do | ||||||
| 14 | not apply to:
| ||||||
| 15 | (1) United States Marshals, while engaged in the | ||||||
| 16 | operation of their
official duties;
| ||||||
| 17 | (2) Members of the Armed Forces of the United States or | ||||||
| 18 | the National
Guard, while engaged in the operation of their | ||||||
| 19 | official duties;
| ||||||
| 20 | (3) Federal officials required to carry firearms, | ||||||
| 21 | while engaged in the
operation of their official duties;
| ||||||
| 22 | (4) Members of bona fide veterans organizations which | ||||||
| 23 | receive firearms
directly from the armed forces of the | ||||||
| 24 | United States, while using the
firearms for ceremonial | ||||||
| 25 | purposes with blank ammunition;
| ||||||
| 26 | (5) Nonresident hunters during hunting season, with | ||||||
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| |||||||
| 1 | valid nonresident
hunting licenses and while in an area | ||||||
| 2 | where hunting is permitted; however,
at all other times and | ||||||
| 3 | in all other places these persons must have their
firearms | ||||||
| 4 | unloaded and enclosed in a case;
| ||||||
| 5 | (6) Those hunters exempt from obtaining a hunting | ||||||
| 6 | license who are
required to submit their Firearm Owner's | ||||||
| 7 | Identification Card when hunting
on Department of Natural | ||||||
| 8 | Resources owned or managed sites;
| ||||||
| 9 | (7) Nonresidents while on a firing or shooting range | ||||||
| 10 | recognized by the
Department of State Police; however, | ||||||
| 11 | these persons must at all other times
and in all other | ||||||
| 12 | places have their firearms unloaded and enclosed in a case;
| ||||||
| 13 | (8) Nonresidents while at a firearm showing or display | ||||||
| 14 | recognized by
the Department of State Police; however, at | ||||||
| 15 | all other times and in all
other places these persons must | ||||||
| 16 | have their firearms unloaded and enclosed
in a case;
| ||||||
| 17 | (9) Nonresidents whose firearms are unloaded and | ||||||
| 18 | enclosed in a case;
| ||||||
| 19 | (10) Nonresidents who are currently licensed or | ||||||
| 20 | registered to possess a
firearm in their resident state;
| ||||||
| 21 | (11) Unemancipated minors while in the custody and | ||||||
| 22 | immediate control of
their parent or legal guardian or | ||||||
| 23 | other person in loco parentis to the
minor if the parent or | ||||||
| 24 | legal guardian or other person in loco parentis to
the | ||||||
| 25 | minor has a currently valid Firearm Owner's Identification
| ||||||
| 26 | Card;
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| |||||||
| 1 | (12) Color guards of bona fide veterans organizations | ||||||
| 2 | or members of bona
fide American Legion bands while using | ||||||
| 3 | firearms for ceremonial purposes
with blank ammunition;
| ||||||
| 4 | (13) Nonresident hunters whose state of residence does | ||||||
| 5 | not require
them to be licensed or registered to possess a | ||||||
| 6 | firearm and only during
hunting season, with valid hunting | ||||||
| 7 | licenses, while accompanied by, and
using a firearm owned | ||||||
| 8 | by, a person who possesses a valid Firearm Owner's
| ||||||
| 9 | Identification Card and while in an area within a | ||||||
| 10 | commercial club licensed
under the Wildlife Code where | ||||||
| 11 | hunting is permitted and controlled, but in
no instance | ||||||
| 12 | upon sites owned or managed by the Department of Natural
| ||||||
| 13 | Resources;
| ||||||
| 14 | (14) Resident hunters who are properly authorized to | ||||||
| 15 | hunt and,
while accompanied by a person who possesses a | ||||||
| 16 | valid Firearm Owner's
Identification Card, hunt in an area | ||||||
| 17 | within a commercial club licensed
under the Wildlife Code | ||||||
| 18 | where hunting is permitted and controlled;
| ||||||
| 19 | (15) A person who is otherwise eligible to obtain a | ||||||
| 20 | Firearm Owner's
Identification Card under this Act and is | ||||||
| 21 | under the direct supervision of a
holder of a Firearm
| ||||||
| 22 | Owner's Identification Card who is 21 years of age or older | ||||||
| 23 | while the person is
on a firing or shooting range
or is a
| ||||||
| 24 | participant in a firearms safety and training course | ||||||
| 25 | recognized by a law
enforcement agency or a national, | ||||||
| 26 | statewide shooting sports organization; and
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| |||||||
| 1 | (16) Competitive shooting athletes whose competition | ||||||
| 2 | firearms are sanctioned by the International Olympic | ||||||
| 3 | Committee, the International Paralympic Committee, the | ||||||
| 4 | International Shooting Sport Federation, or USA Shooting | ||||||
| 5 | in connection with such athletes' training for and | ||||||
| 6 | participation in shooting competitions at the 2016 Olympic | ||||||
| 7 | and Paralympic Games and sanctioned test events leading up | ||||||
| 8 | to the 2016 Olympic and Paralympic Games. | ||||||
| 9 | (c) The provisions of this Section regarding the | ||||||
| 10 | acquisition and possession
of firearms or , firearm ammunition, | ||||||
| 11 | stun guns, and tasers do not apply to law enforcement officials
| ||||||
| 12 | of this or any other jurisdiction, while engaged in the | ||||||
| 13 | operation of their
official duties.
| ||||||
| 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 | (d) Any person who becomes a resident of this State, who is | ||||||
| 21 | not otherwise prohibited from obtaining, possessing, or using a | ||||||
| 22 | firearm or firearm ammunition, shall not be required to have a | ||||||
| 23 | Firearm Owner's Identification Card to possess firearms or | ||||||
| 24 | firearms ammunition until 60 calendar days after he or she | ||||||
| 25 | obtains an Illinois driver's license or Illinois | ||||||
| 26 | Identification Card. | ||||||
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| |||||||
| 1 | (Source: P.A. 99-29, eff. 7-10-15.)
| ||||||
| 2 | (430 ILCS 65/3) (from Ch. 38, par. 83-3) | ||||||
| 3 | Sec. 3. (a) Except as provided in Section 3a, no person may | ||||||
| 4 | knowingly
transfer, or cause to be transferred, any firearm or | ||||||
| 5 | , firearm ammunition, stun gun, or taser to any person within | ||||||
| 6 | this State unless the
transferee with whom he deals displays | ||||||
| 7 | either: (1) a currently valid Firearm Owner's
Identification | ||||||
| 8 | Card which has previously been issued in his or her name by the
| ||||||
| 9 | Department of State Police under the provisions of this Act; or | ||||||
| 10 | (2) a currently valid license to carry a concealed firearm | ||||||
| 11 | which has previously been issued in his or her name by the
| ||||||
| 12 | Department of State Police under the Firearm Concealed Carry | ||||||
| 13 | Act. In addition,
all firearm, stun gun, and taser transfers by | ||||||
| 14 | federally licensed firearm 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 Department of State | ||||||
| 19 | Police to conduct a background check on the prospective | ||||||
| 20 | recipient of the 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, | ||||||
| |||||||
| |||||||
| 1 | contact the Department of State Police with the transferee's or | ||||||
| 2 | purchaser's Firearm Owner's Identification Card number to | ||||||
| 3 | determine the validity of the transferee's or purchaser's | ||||||
| 4 | Firearm Owner's Identification Card. This subsection shall not | ||||||
| 5 | be effective until January 1, 2014. The Department of State | ||||||
| 6 | Police may adopt rules concerning the implementation of this | ||||||
| 7 | subsection. The Department of State Police shall provide the | ||||||
| 8 | seller or transferor an approval number if the purchaser's | ||||||
| 9 | Firearm Owner's Identification Card is valid. Approvals issued | ||||||
| 10 | by the Department for the purchase of a firearm pursuant to | ||||||
| 11 | this subsection are valid for 30 days from the date of issue. | ||||||
| 12 | (a-15) The provisions of subsection (a-10) of this Section | ||||||
| 13 | do not apply to: | ||||||
| 14 | (1) transfers that occur at the place of business of a | ||||||
| 15 | federally licensed firearm dealer, if the federally | ||||||
| 16 | licensed firearm dealer conducts a background check on the | ||||||
| 17 | prospective recipient of the firearm in accordance with | ||||||
| 18 | Section 3.1 of this Act and follows all other applicable | ||||||
| 19 | federal, State, and local laws as if he or she were the | ||||||
| 20 | seller or transferor of the firearm, although the dealer is | ||||||
| 21 | not required to accept the firearm into his or her | ||||||
| 22 | inventory. The purchaser or transferee may be required by | ||||||
| 23 | the federally licensed firearm dealer to pay a fee not to | ||||||
| 24 | exceed $10 per firearm, which the dealer may retain as | ||||||
| 25 | compensation for performing the functions required under | ||||||
| 26 | this paragraph, plus the applicable fees authorized by | ||||||
| |||||||
| |||||||
| 1 | Section 3.1; | ||||||
| 2 | (2) transfers as a bona fide gift to the transferor's | ||||||
| 3 | husband, wife, son, daughter, stepson, stepdaughter, | ||||||
| 4 | father, mother, stepfather, stepmother, brother, sister, | ||||||
| 5 | nephew, niece, uncle, aunt, grandfather, grandmother, | ||||||
| 6 | grandson, granddaughter, father-in-law, mother-in-law, | ||||||
| 7 | son-in-law, or daughter-in-law; | ||||||
| 8 | (3) transfers by persons acting pursuant to operation | ||||||
| 9 | of law or a court order; | ||||||
| 10 | (4) transfers on the grounds of a gun show under | ||||||
| 11 | subsection (a-5) of this Section; | ||||||
| 12 | (5) the delivery of a firearm by its owner to a | ||||||
| 13 | gunsmith for service or repair, the return of the firearm | ||||||
| 14 | to its owner by the gunsmith, or the delivery of a firearm | ||||||
| 15 | by a gunsmith to a federally licensed firearms dealer for | ||||||
| 16 | service or repair and the return of the firearm to the | ||||||
| 17 | gunsmith; | ||||||
| 18 | (6) temporary transfers that occur while in the home of | ||||||
| 19 | the unlicensed transferee, if the unlicensed transferee is | ||||||
| 20 | not otherwise prohibited from possessing firearms and the | ||||||
| 21 | unlicensed transferee reasonably believes that possession | ||||||
| 22 | of the firearm is necessary to prevent imminent death or | ||||||
| 23 | great bodily harm to the unlicensed transferee; | ||||||
| 24 | (7) transfers to a law enforcement or corrections | ||||||
| 25 | agency or a law enforcement or corrections officer acting | ||||||
| 26 | within the course and scope of his or her official duties; | ||||||
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| |||||||
| 1 | (8) transfers of firearms that have been rendered | ||||||
| 2 | permanently inoperable to a nonprofit historical society, | ||||||
| 3 | museum, or institutional collection; and | ||||||
| 4 | (9) transfers to a person who is exempt from the | ||||||
| 5 | requirement of possessing a Firearm Owner's Identification | ||||||
| 6 | Card under Section 2 of this Act. | ||||||
| 7 | (a-20) The Department of State Police shall develop an | ||||||
| 8 | Internet-based system for individuals to determine the | ||||||
| 9 | validity of a Firearm Owner's Identification Card prior to the | ||||||
| 10 | sale or transfer of a firearm. The Department shall have the | ||||||
| 11 | Internet-based system completed and available for use by July | ||||||
| 12 | 1, 2015. The Department shall adopt rules not inconsistent with | ||||||
| 13 | this Section to implement this system. | ||||||
| 14 | (b) Any person within this State who transfers or causes to | ||||||
| 15 | be
transferred any firearm, stun gun, or taser shall keep a | ||||||
| 16 | record of such transfer for a period
of 10 years from the date | ||||||
| 17 | of transfer. Such record shall contain the date
of the | ||||||
| 18 | transfer; the description, serial number or other information
| ||||||
| 19 | identifying the firearm, stun gun, or taser if no serial number | ||||||
| 20 | is available; and, if the
transfer was completed within this | ||||||
| 21 | State, the transferee's Firearm Owner's
Identification Card | ||||||
| 22 | number and any approval number or documentation provided by the | ||||||
| 23 | Department of State Police pursuant to subsection (a-10) of | ||||||
| 24 | this Section. On or after January 1, 2006, the record shall | ||||||
| 25 | contain the date of application for transfer of the firearm. On | ||||||
| 26 | demand of a peace officer such transferor
shall produce for | ||||||
| |||||||
| |||||||
| 1 | inspection such record of transfer. If the transfer or sale | ||||||
| 2 | took place at a gun show, the record shall include the unique | ||||||
| 3 | identification number. Failure to record the unique | ||||||
| 4 | identification number or approval number is a petty offense.
| ||||||
| 5 | (b-5) Any resident may purchase ammunition from a person | ||||||
| 6 | within or outside of Illinois if shipment is by United States | ||||||
| 7 | mail or by a private express carrier authorized by federal law | ||||||
| 8 | to ship ammunition. Any resident purchasing ammunition within | ||||||
| 9 | or outside the State of Illinois must provide the seller with a | ||||||
| 10 | copy of his or her valid Firearm Owner's Identification Card or | ||||||
| 11 | valid concealed carry license and either his or her Illinois | ||||||
| 12 | driver's license or Illinois State Identification Card prior to | ||||||
| 13 | the shipment of the ammunition. The ammunition may be shipped | ||||||
| 14 | only to an address on either of those 2 documents. | ||||||
| 15 | (c) The provisions of this Section regarding the transfer | ||||||
| 16 | of firearm
ammunition shall not apply to those persons | ||||||
| 17 | specified in paragraph (b) of
Section 2 of this Act. | ||||||
| 18 | (Source: P.A. 98-508, eff. 8-19-13; 99-29, eff. 7-10-15.)
| ||||||
| 19 | (430 ILCS 65/3.1) (from Ch. 38, par. 83-3.1)
| ||||||
| 20 | Sec. 3.1. Dial up system. | ||||||
| 21 | (a) The Department of State Police shall provide
a dial up | ||||||
| 22 | telephone system or utilize other existing technology which | ||||||
| 23 | shall be used by any federally licensed
firearm dealer, gun | ||||||
| 24 | show promoter, or gun show vendor who is to transfer a firearm, | ||||||
| 25 | stun gun, or taser under the provisions of this
Act. The | ||||||
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| |||||||
| 1 | Department of State Police may utilize existing technology | ||||||
| 2 | which
allows the caller to be charged a fee not to exceed $2. | ||||||
| 3 | Fees collected by the Department of
State Police shall be | ||||||
| 4 | deposited in the State Police Services Fund and used
to provide | ||||||
| 5 | the service.
| ||||||
| 6 | (b) Upon receiving a request from a federally licensed | ||||||
| 7 | firearm dealer, gun show promoter, or gun show vendor, the
| ||||||
| 8 | Department of State Police shall immediately approve, or within | ||||||
| 9 | the time
period established by Section 24-3 of the Criminal | ||||||
| 10 | Code of 2012 regarding
the delivery of firearms, stun guns, and | ||||||
| 11 | tasers notify the inquiring dealer, gun show promoter, or gun | ||||||
| 12 | show vendor of any objection that
would disqualify the | ||||||
| 13 | transferee from acquiring or possessing a firearm, stun gun, or | ||||||
| 14 | taser. In
conducting the inquiry, the Department of State | ||||||
| 15 | Police shall initiate and
complete an automated search of its | ||||||
| 16 | criminal history record information
files and those of the | ||||||
| 17 | Federal Bureau of Investigation, including the
National | ||||||
| 18 | Instant Criminal Background Check System, and of the files of
| ||||||
| 19 | the Department of Human Services relating to mental health and
| ||||||
| 20 | developmental disabilities to obtain
any felony conviction or | ||||||
| 21 | patient hospitalization information which would
disqualify a | ||||||
| 22 | person from obtaining or require revocation of a currently
| ||||||
| 23 | valid Firearm Owner's Identification Card. | ||||||
| 24 | (c) If receipt of a firearm would not violate Section 24-3 | ||||||
| 25 | of the Criminal Code of 2012, federal law, or this Act the | ||||||
| 26 | Department of State Police shall: | ||||||
| |||||||
| |||||||
| 1 | (1) assign a unique identification number to the | ||||||
| 2 | transfer; and | ||||||
| 3 | (2) provide the licensee, gun show promoter, or gun | ||||||
| 4 | show vendor with the number. | ||||||
| 5 | (d) Approvals issued by the Department of State Police for | ||||||
| 6 | the purchase of a firearm are valid for 30 days from the date | ||||||
| 7 | of issue.
| ||||||
| 8 | (e) (1) The Department of State Police must act as the | ||||||
| 9 | Illinois Point of Contact
for the National Instant Criminal | ||||||
| 10 | Background Check System. | ||||||
| 11 | (2) The Department of State Police and the Department of | ||||||
| 12 | Human Services shall, in accordance with State and federal law | ||||||
| 13 | regarding confidentiality, enter into a memorandum of | ||||||
| 14 | understanding with the Federal Bureau of Investigation for the | ||||||
| 15 | purpose of implementing the National Instant Criminal | ||||||
| 16 | Background Check System in the State. The Department of State | ||||||
| 17 | Police shall report the name, date of birth, and physical | ||||||
| 18 | description of any person prohibited from possessing a firearm | ||||||
| 19 | pursuant to the Firearm Owners Identification Card Act or 18 | ||||||
| 20 | U.S.C. 922(g) and (n) to the National Instant Criminal | ||||||
| 21 | Background Check System Index, Denied Persons Files.
| ||||||
| 22 | (3) The Department of State Police shall provide notice of | ||||||
| 23 | the disqualification of a person under subsection (b) of this | ||||||
| 24 | Section or the revocation of a person's Firearm Owner's | ||||||
| 25 | Identification Card under Section 8 or Section 8.2 of this Act, | ||||||
| 26 | and the reason for the disqualification or revocation, to all | ||||||
| |||||||
| |||||||
| 1 | law enforcement agencies with jurisdiction to assist with the | ||||||
| 2 | seizure of the person's Firearm Owner's Identification Card. | ||||||
| 3 | (f) The Department of State Police shall adopt rules not | ||||||
| 4 | inconsistent with this Section to implement this
system.
| ||||||
| 5 | (Source: P.A. 98-63, eff. 7-9-13; 99-787, eff. 1-1-17.)
| ||||||