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