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| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB2871 Introduced 2/14/2018, by Sen. Neil Anderson SYNOPSIS AS INTRODUCED:
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| 430 ILCS 65/2 | from Ch. 38, par. 83-2 | 430 ILCS 65/3 | from Ch. 38, par. 83-3 | 430 ILCS 65/6.2 new | | 430 ILCS 66/11 new | |
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Amends the Firearm Owners Identification Card Act. Provides that the Department of State Police may develop a system under which the holder of a Firearm Owner's Identification Card may display an electronic version of his or her Firearm Owner's Identification Card on a mobile telephone or other portable electronic device. Provides that an electronic version of a Firearm Owner's Identification Card shall contain security features the Department determines to be necessary to ensure that the electronic version is accurate and current and shall satisfy other requirements the Department determines to be necessary regarding form and content. Provides that the display or possession of an electronic version of a valid Firearm Owner's Identification Card in accordance with the requirements of the Department satisfies all requirements for the display or possession of a valid Firearm Owner's Identification Card under the laws of the State. Amends the Firearm Concealed Carry Act. Provides that the Department of State Police may develop a system under which the holder of a concealed carry license may display an electronic version of his or her license on a mobile telephone or other portable electronic device. Provides that an electronic version of a license shall contain security features the Department determines to be necessary to ensure that the electronic version is accurate and current and shall satisfy other requirements the Department determines to be necessary regarding form and content. Provides that the display or possession of an electronic version of a license in accordance with the requirements of the Department satisfies all requirements for the display or possession of a valid license under the laws of this State. Makes conforming changes.
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| | A BILL FOR |
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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 2 and 3 and by adding Section 6.2 |
| 6 | | as follows:
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| 7 | | (430 ILCS 65/2) (from Ch. 38, par. 83-2)
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| 8 | | Sec. 2. Firearm Owner's Identification Card required; |
| 9 | | exceptions.
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| 10 | | (a) (1) A No person shall not may acquire or possess any |
| 11 | | firearm, stun gun, or taser within this State
without |
| 12 | | possessing having in his or her possession a Firearm Owner's |
| 13 | | Identification Card
previously issued in his or her name by the |
| 14 | | Department of State Police under
the provisions of this Act.
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| 15 | | (2) A No person shall not may acquire or possess firearm |
| 16 | | ammunition within this
State without possessing having in his |
| 17 | | or her possession a Firearm Owner's Identification
Card |
| 18 | | previously issued in his or her name by the Department of State |
| 19 | | Police
under the provisions of this Act.
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| 20 | | (b) The provisions of this Section regarding the possession |
| 21 | | of firearms, firearm ammunition, stun guns, and tasers do not |
| 22 | | apply to:
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| 23 | | (1) United States Marshals, while engaged in the |
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| 1 | | operation of their
official duties;
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| 2 | | (2) Members of the Armed Forces of the United States or |
| 3 | | the National
Guard, while engaged in the operation of their |
| 4 | | official duties;
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| 5 | | (3) Federal officials required to carry firearms, |
| 6 | | while engaged in the
operation of their official duties;
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| 7 | | (4) Members of bona fide veterans organizations which |
| 8 | | receive firearms
directly from the armed forces of the |
| 9 | | United States, while using the
firearms for ceremonial |
| 10 | | purposes with blank ammunition;
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| 11 | | (5) Nonresident hunters during hunting season, with |
| 12 | | valid nonresident
hunting licenses and while in an area |
| 13 | | where hunting is permitted; however,
at all other times and |
| 14 | | in all other places these persons must have their
firearms |
| 15 | | unloaded and enclosed in a case;
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| 16 | | (6) Those hunters exempt from obtaining a hunting |
| 17 | | license who are
required to submit their Firearm Owner's |
| 18 | | Identification Card when hunting
on Department of Natural |
| 19 | | Resources owned or managed sites;
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| 20 | | (7) Nonresidents while on a firing or shooting range |
| 21 | | recognized by the
Department of State Police; however, |
| 22 | | these persons must at all other times
and in all other |
| 23 | | places have their firearms unloaded and enclosed in a case;
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| 24 | | (8) Nonresidents while at a firearm showing or display |
| 25 | | recognized by
the Department of State Police; however, at |
| 26 | | all other times and in all
other places these persons must |
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| 1 | | have their firearms unloaded and enclosed
in a case;
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| 2 | | (9) Nonresidents whose firearms are unloaded and |
| 3 | | enclosed in a case;
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| 4 | | (10) Nonresidents who are currently licensed or |
| 5 | | registered to possess a
firearm in their resident state;
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| 6 | | (11) Unemancipated minors while in the custody and |
| 7 | | immediate control of
their parent or legal guardian or |
| 8 | | other person in loco parentis to the
minor if the parent or |
| 9 | | legal guardian or other person in loco parentis to
the |
| 10 | | minor possesses has a currently valid Firearm Owner's |
| 11 | | Identification
Card;
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| 12 | | (12) Color guards of bona fide veterans organizations |
| 13 | | or members of bona
fide American Legion bands while using |
| 14 | | firearms for ceremonial purposes
with blank ammunition;
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| 15 | | (13) Nonresident hunters whose state of residence does |
| 16 | | not require
them to be licensed or registered to possess a |
| 17 | | firearm and only during
hunting season, with valid hunting |
| 18 | | licenses, while accompanied by, and
using a firearm owned |
| 19 | | by, a person who possesses a valid Firearm Owner's
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| 20 | | Identification Card and while in an area within a |
| 21 | | commercial club licensed
under the Wildlife Code where |
| 22 | | hunting is permitted and controlled, but in
no instance |
| 23 | | upon sites owned or managed by the Department of Natural
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| 24 | | Resources;
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| 25 | | (14) Resident hunters who are properly authorized to |
| 26 | | hunt and,
while accompanied by a person who possesses a |
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| 1 | | valid Firearm Owner's
Identification Card, hunt in an area |
| 2 | | within a commercial club licensed
under the Wildlife Code |
| 3 | | where hunting is permitted and controlled;
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| 4 | | (15) A person who is otherwise eligible to obtain a |
| 5 | | Firearm Owner's
Identification Card under this Act and is |
| 6 | | under the direct supervision of a
holder of a Firearm
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| 7 | | Owner's Identification Card who is 21 years of age or older |
| 8 | | while the person is
on a firing or shooting range
or is a
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| 9 | | participant in a firearms safety and training course |
| 10 | | recognized by a law
enforcement agency or a national, |
| 11 | | statewide shooting sports organization; and
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| 12 | | (16) Competitive shooting athletes whose competition |
| 13 | | firearms are sanctioned by the International Olympic |
| 14 | | Committee, the International Paralympic Committee, the |
| 15 | | International Shooting Sport Federation, or USA Shooting |
| 16 | | in connection with such athletes' training for and |
| 17 | | participation in shooting competitions at the 2016 Olympic |
| 18 | | and Paralympic Games and sanctioned test events leading up |
| 19 | | to the 2016 Olympic and Paralympic Games. |
| 20 | | (c) The provisions of this Section regarding the |
| 21 | | acquisition and possession
of firearms, firearm ammunition, |
| 22 | | stun guns, and tasers do not apply to law enforcement officials
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| 23 | | of this or any other jurisdiction, while engaged in the |
| 24 | | operation of their
official duties.
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| 25 | | (c-5) The provisions of paragraphs (1) and (2) of |
| 26 | | subsection (a) of this Section regarding the possession of |
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| 1 | | firearms
and firearm ammunition do not apply to the holder of a |
| 2 | | valid concealed carry
license issued under the Firearm |
| 3 | | Concealed Carry Act who possesses a is in physical
possession |
| 4 | | of the concealed carry license. |
| 5 | | (d) Any person who becomes a resident of this State, who is |
| 6 | | not otherwise prohibited from obtaining, possessing, or using a |
| 7 | | firearm or firearm ammunition, shall not be required to have a |
| 8 | | Firearm Owner's Identification Card to possess firearms or |
| 9 | | firearms ammunition until 60 calendar days after he or she |
| 10 | | obtains an Illinois driver's license or Illinois |
| 11 | | Identification Card. |
| 12 | | (Source: P.A. 99-29, eff. 7-10-15.)
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| 13 | | (430 ILCS 65/3) (from Ch. 38, par. 83-3) |
| 14 | | Sec. 3. (a) Except as provided in Section 3a, no person may |
| 15 | | knowingly
transfer, or cause to be transferred, any firearm, |
| 16 | | firearm ammunition, stun gun, or taser to any person within |
| 17 | | this State unless the
transferee with whom he or she deals |
| 18 | | possesses displays either: (1) a currently valid Firearm |
| 19 | | Owner's
Identification Card which has previously been issued in |
| 20 | | his or her name by the
Department of State Police under the |
| 21 | | provisions of this Act; or (2) a currently valid license to |
| 22 | | carry a concealed firearm which has previously been issued in |
| 23 | | his or her name by the
Department of State Police under the |
| 24 | | Firearm Concealed Carry Act. In addition,
all firearm, stun |
| 25 | | gun, and taser transfers by federally licensed firearm dealers |
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| 1 | | are subject
to Section 3.1. |
| 2 | | (a-5) Any person who is not a federally licensed firearm |
| 3 | | dealer and who desires to transfer or sell a firearm while that |
| 4 | | person is on the grounds of a gun show must, before selling or |
| 5 | | transferring the firearm, request the Department of State |
| 6 | | Police to conduct a background check on the prospective |
| 7 | | recipient of the firearm in accordance with Section 3.1.
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| 8 | | (a-10) Notwithstanding item (2) of subsection (a) of this |
| 9 | | Section, any person who is not a federally licensed firearm |
| 10 | | dealer and who desires to transfer or sell a firearm or |
| 11 | | firearms to any person who is not a federally licensed firearm |
| 12 | | dealer shall, before selling or transferring the firearms, |
| 13 | | contact the Department of State Police with the transferee's or |
| 14 | | purchaser's Firearm Owner's Identification Card number to |
| 15 | | determine the validity of the transferee's or purchaser's |
| 16 | | Firearm Owner's Identification Card. This subsection (a-10) |
| 17 | | shall not be effective until January 1, 2014. The Department of |
| 18 | | State Police may adopt rules concerning the implementation of |
| 19 | | this subsection (a-10). The Department of State Police shall |
| 20 | | provide the seller or transferor an approval number if the |
| 21 | | purchaser's Firearm Owner's Identification Card is valid. |
| 22 | | Approvals issued by the Department for the purchase of a |
| 23 | | firearm pursuant to this subsection are valid for 30 days from |
| 24 | | the date of issue. |
| 25 | | (a-15) The provisions of subsection (a-10) of this Section |
| 26 | | do not apply to: |
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| 1 | | (1) transfers that occur at the place of business of a |
| 2 | | federally licensed firearm dealer, if the federally |
| 3 | | licensed firearm dealer conducts a background check on the |
| 4 | | prospective recipient of the firearm in accordance with |
| 5 | | Section 3.1 of this Act and follows all other applicable |
| 6 | | federal, State, and local laws as if he or she were the |
| 7 | | seller or transferor of the firearm, although the dealer is |
| 8 | | not required to accept the firearm into his or her |
| 9 | | inventory. The purchaser or transferee may be required by |
| 10 | | the federally licensed firearm dealer to pay a fee not to |
| 11 | | exceed $10 per firearm, which the dealer may retain as |
| 12 | | compensation for performing the functions required under |
| 13 | | this paragraph, plus the applicable fees authorized by |
| 14 | | Section 3.1; |
| 15 | | (2) transfers as a bona fide gift to the transferor's |
| 16 | | husband, wife, son, daughter, stepson, stepdaughter, |
| 17 | | father, mother, stepfather, stepmother, brother, sister, |
| 18 | | nephew, niece, uncle, aunt, grandfather, grandmother, |
| 19 | | grandson, granddaughter, father-in-law, mother-in-law, |
| 20 | | son-in-law, or daughter-in-law; |
| 21 | | (3) transfers by persons acting pursuant to operation |
| 22 | | of law or a court order; |
| 23 | | (4) transfers on the grounds of a gun show under |
| 24 | | subsection (a-5) of this Section; |
| 25 | | (5) the delivery of a firearm by its owner to a |
| 26 | | gunsmith for service or repair, the return of the firearm |
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| 1 | | to its owner by the gunsmith, or the delivery of a firearm |
| 2 | | by a gunsmith to a federally licensed firearms dealer for |
| 3 | | service or repair and the return of the firearm to the |
| 4 | | gunsmith; |
| 5 | | (6) temporary transfers that occur while in the home of |
| 6 | | the unlicensed transferee, if the unlicensed transferee is |
| 7 | | not otherwise prohibited from possessing firearms and the |
| 8 | | unlicensed transferee reasonably believes that possession |
| 9 | | of the firearm is necessary to prevent imminent death or |
| 10 | | great bodily harm to the unlicensed transferee; |
| 11 | | (7) transfers to a law enforcement or corrections |
| 12 | | agency or a law enforcement or corrections officer acting |
| 13 | | within the course and scope of his or her official duties; |
| 14 | | (8) transfers of firearms that have been rendered |
| 15 | | permanently inoperable to a nonprofit historical society, |
| 16 | | museum, or institutional collection; and |
| 17 | | (9) transfers to a person who is exempt from the |
| 18 | | requirement of possessing a Firearm Owner's Identification |
| 19 | | Card under Section 2 of this Act. |
| 20 | | (a-20) The Department of State Police shall develop an |
| 21 | | Internet-based system for individuals to determine the |
| 22 | | validity of a Firearm Owner's Identification Card prior to the |
| 23 | | sale or transfer of a firearm. The Department shall have the |
| 24 | | Internet-based system completed and available for use by July |
| 25 | | 1, 2015. The Department shall adopt rules not inconsistent with |
| 26 | | this Section to implement this system. |
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| 1 | | (b) Any person within this State who transfers or causes to |
| 2 | | be
transferred any firearm, stun gun, or taser shall keep a |
| 3 | | record of such transfer for a period
of 10 years from the date |
| 4 | | of transfer. Such record shall contain the date
of the |
| 5 | | transfer; the description, serial number or other information
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| 6 | | identifying the firearm, stun gun, or taser if no serial number |
| 7 | | is available; and, if the
transfer was completed within this |
| 8 | | State, the transferee's Firearm Owner's
Identification Card |
| 9 | | number and any approval number or documentation provided by the |
| 10 | | Department of State Police pursuant to subsection (a-10) of |
| 11 | | this Section. On or after January 1, 2006, the record shall |
| 12 | | contain the date of application for transfer of the firearm. On |
| 13 | | demand of a peace officer such transferor
shall produce for |
| 14 | | inspection such record of transfer. If the transfer or sale |
| 15 | | took place at a gun show, the record shall include the unique |
| 16 | | identification number. Failure to record the unique |
| 17 | | identification number or approval number is a petty offense.
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| 18 | | (b-5) Any resident may purchase ammunition from a person |
| 19 | | within or outside of Illinois if shipment is by United States |
| 20 | | mail or by a private express carrier authorized by federal law |
| 21 | | to ship ammunition. Any resident purchasing ammunition within |
| 22 | | or outside the State of Illinois must provide the seller with a |
| 23 | | copy of his or her valid Firearm Owner's Identification Card or |
| 24 | | valid concealed carry license and either his or her Illinois |
| 25 | | driver's license or Illinois State Identification Card prior to |
| 26 | | the shipment of the ammunition. The ammunition may be shipped |
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| 1 | | only to an address on either of those 2 documents. |
| 2 | | (c) The provisions of this Section regarding the transfer |
| 3 | | of firearm
ammunition shall not apply to those persons |
| 4 | | specified in paragraph (b) of
Section 2 of this Act. |
| 5 | | (Source: P.A. 98-508, eff. 8-19-13; 99-29, eff. 7-10-15.)
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| 6 | | (430 ILCS 65/6.2 new) |
| 7 | | Sec. 6.2. Electronic Firearm Owner's Identification Cards. |
| 8 | | The Department of State Police may develop a system under which |
| 9 | | the holder of a Firearm Owner's Identification Card may display |
| 10 | | an electronic version of his or her Firearm Owner's |
| 11 | | Identification Card on a mobile telephone or other portable |
| 12 | | electronic device. An electronic version of a Firearm Owner's |
| 13 | | Identification Card shall contain security features the |
| 14 | | Department determines to be necessary to ensure that the |
| 15 | | electronic version is accurate and current and shall satisfy |
| 16 | | other requirements the Department determines to be necessary |
| 17 | | regarding form and content. The display or possession of an |
| 18 | | electronic version of a valid Firearm Owner's Identification |
| 19 | | Card in accordance with the requirements of the Department |
| 20 | | satisfies all requirements for the display or possession of a |
| 21 | | valid Firearm Owner's Identification Card under the laws of |
| 22 | | this State. The possession or display of an electronic Firearm |
| 23 | | Owner's Identification Card on a mobile telephone or other |
| 24 | | portable electronic device does not constitute consent for a |
| 25 | | law enforcement officer, court, or other officer of the court |
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| 1 | | to access other contents of the mobile telephone or other |
| 2 | | portable electronic device. The Department may adopt rules to |
| 3 | | implement this Section.
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| 4 | | Section 10. The Firearm Concealed Carry Act is amended by |
| 5 | | adding Section 11 as follows:
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| 6 | | (430 ILCS 66/11 new) |
| 7 | | Sec. 11. Electronic concealed carry licenses. The |
| 8 | | Department of State Police may develop a system under which the |
| 9 | | holder of a concealed carry license may display an electronic |
| 10 | | version of his or her license on a mobile telephone or other |
| 11 | | portable electronic device. An electronic version of a license |
| 12 | | shall contain security features the Department determines to be |
| 13 | | necessary to ensure that the electronic version is accurate and |
| 14 | | current and shall satisfy other requirements the Department |
| 15 | | determines to be necessary regarding form and content. The |
| 16 | | display or possession of an electronic version of a license in |
| 17 | | accordance with the requirements of the Department satisfies |
| 18 | | all requirements for the display or possession of a valid |
| 19 | | license under the laws of this State. The possession or display |
| 20 | | of an electronic license on a mobile telephone or other |
| 21 | | portable electronic device does not constitute consent for a |
| 22 | | law enforcement officer, court, or other officer of the court |
| 23 | | to access other contents of the mobile telephone or other |
| 24 | | portable electronic device. The Department may adopt rules to |