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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:
| ||||||||||||||||||||||||||||||||
| 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, 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.
| ||||||||||||||||||||||||||||||||
| 21 | (Source: P.A. 97-1150, eff. 1-25-13.)
| ||||||||||||||||||||||||||||||||
| 22 | (430 ILCS 65/1.1) (from Ch. 38, par. 83-1.1)
| ||||||||||||||||||||||||||||||||
| |||||||
| |||||||
| 1 | Sec. 1.1. For purposes of this Act:
| ||||||
| 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 | ||||||
| |||||||
| |||||||
| 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;
| ||||||
| 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: | ||||||
| |||||||
| |||||||
| 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).
| ||||||
| 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,
| ||||||
| 25 | however:
| ||||||
| 26 | (1) any pneumatic gun, spring gun, paint ball gun, or | ||||||
| |||||||
| |||||||
| 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;
| ||||||
| 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;
| ||||||
| 10 | (3) any device used exclusively for the firing of stud | ||||||
| 11 | cartridges,
explosive rivets or similar industrial | ||||||
| 12 | ammunition; and
| ||||||
| 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
| ||||||
| 17 | primarily a collector's item and is not likely to be used | ||||||
| 18 | as a weapon.
| ||||||
| 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:
| ||||||
| 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
| ||||||
| 26 | (2) any ammunition designed exclusively for use with a | ||||||
| |||||||
| |||||||
| 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.
| ||||||
| 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.
| ||||||
| 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
| ||||||
| 25 | any other event where the sale or transfer of firearms is not | ||||||
| 26 | the primary course of business. | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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.
| ||||||
| 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.)
| ||||||
| 22 | (430 ILCS 65/2) (from Ch. 38, par. 83-2)
| ||||||
| 23 | Sec. 2. Firearm Owner's Identification Card required; | ||||||
| 24 | exceptions.
| ||||||
| 25 | (a) (1) No person may acquire or possess any firearm, | ||||||
| |||||||
| |||||||
| 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.
| ||||||
| 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.
| ||||||
| 11 | (b) The provisions of this Section regarding the possession | ||||||
| 12 | of firearms, firearm ammunition, stun guns, and tasers do not | ||||||
| 13 | apply to:
| ||||||
| 14 | (1) United States Marshals, while engaged in the | ||||||
| 15 | operation of their
official duties;
| ||||||
| 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;
| ||||||
| 19 | (3) Federal officials required to carry firearms, | ||||||
| 20 | while engaged in the
operation of their official duties;
| ||||||
| 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;
| ||||||
| 25 | (5) Nonresident hunters during hunting season, with | ||||||
| 26 | valid nonresident
hunting licenses and while in an area | ||||||
| |||||||
| |||||||
| 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;
| ||||||
| 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;
| ||||||
| 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;
| ||||||
| 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;
| ||||||
| 16 | (9) Nonresidents whose firearms are unloaded and | ||||||
| 17 | enclosed in a case;
| ||||||
| 18 | (10) Nonresidents who are currently licensed or | ||||||
| 19 | registered to possess a
firearm in their resident state;
| ||||||
| 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
| ||||||
| 25 | Card;
| ||||||
| 26 | (12) Color guards of bona fide veterans organizations | ||||||
| |||||||
| |||||||
| 1 | or members of bona
fide American Legion bands while using | ||||||
| 2 | firearms for ceremonial purposes
with blank ammunition;
| ||||||
| 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
| ||||||
| 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
| ||||||
| 12 | Resources;
| ||||||
| 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;
| ||||||
| 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
| ||||||
| 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
| ||||||
| 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
| ||||||
| 26 | (16) Competitive shooting athletes whose competition | ||||||
| |||||||
| |||||||
| 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.
| ||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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.)
| ||||||
| 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
| ||||||
| 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.
| ||||||
| 25 | (a-10) Notwithstanding item (2) of subsection (a) of this | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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
| ||||||
| |||||||
| |||||||
| 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.
| ||||||
| 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.)
| ||||||
| 25 | Section 10. The Criminal Code of 2012 is amended by adding | ||||||
| |||||||
| |||||||
| 1 | Section 24-4.3 as follows:
| ||||||
| 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 | ||||||
| |||||||
| |||||||
| 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.
| ||||||
| |||||||
| |||||||
| 1 | Section 99. Effective date. This Act takes effect July 1, | ||||||
| 2 | 2018.
| ||||||