Rep. C.D. Davidsmeyer
Filed: 4/17/2018
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1 | AMENDMENT TO HOUSE BILL 4525
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2 | AMENDMENT NO. ______. Amend House Bill 4525 by replacing | ||||||
3 | everything after the enacting clause with the following:
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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 |
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1 | or her possession a Firearm Owner's Identification
Card | ||||||
2 | previously issued in his or her name by the Department of State | ||||||
3 | Police
under the provisions of this Act.
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4 | (b) The provisions of this Section regarding the possession | ||||||
5 | of firearms, firearm ammunition, stun guns, and tasers do not | ||||||
6 | apply to:
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7 | (1) United States Marshals, while engaged in the | ||||||
8 | operation of their
official duties;
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9 | (2) Members of the Armed Forces of the United States or | ||||||
10 | the National
Guard, while engaged in the operation of their | ||||||
11 | official duties;
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12 | (3) Federal officials required to carry firearms, | ||||||
13 | while engaged in the
operation of their official duties;
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14 | (4) Members of bona fide veterans organizations which | ||||||
15 | receive firearms
directly from the armed forces of the | ||||||
16 | United States, while using the
firearms for ceremonial | ||||||
17 | purposes with blank ammunition;
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18 | (5) Nonresident hunters during hunting season, with | ||||||
19 | valid nonresident
hunting licenses and while in an area | ||||||
20 | where hunting is permitted; however,
at all other times and | ||||||
21 | in all other places these persons must have their
firearms | ||||||
22 | unloaded and enclosed in a case;
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23 | (6) Those hunters exempt from obtaining a hunting | ||||||
24 | license who are
required to submit their Firearm Owner's | ||||||
25 | Identification Card when hunting
on Department of Natural | ||||||
26 | Resources owned or managed sites;
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1 | (7) Nonresidents while on a firing or shooting range | ||||||
2 | recognized by the
Department of State Police; however, | ||||||
3 | these persons must at all other times
and in all other | ||||||
4 | places have their firearms unloaded and enclosed in a case;
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5 | (8) Nonresidents while at a firearm showing or display | ||||||
6 | recognized by
the Department of State Police; however, at | ||||||
7 | all other times and in all
other places these persons must | ||||||
8 | have their firearms unloaded and enclosed
in a case;
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9 | (9) Nonresidents whose firearms are unloaded and | ||||||
10 | enclosed in a case;
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11 | (10) Nonresidents who are currently licensed or | ||||||
12 | registered to possess a
firearm in their resident state;
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13 | (11) Unemancipated minors while in the custody and | ||||||
14 | immediate control of
their parent or legal guardian or | ||||||
15 | other person in loco parentis to the
minor if the parent or | ||||||
16 | legal guardian or other person in loco parentis to
the | ||||||
17 | minor possesses has a currently valid Firearm Owner's | ||||||
18 | Identification
Card;
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19 | (12) Color guards of bona fide veterans organizations | ||||||
20 | or members of bona
fide American Legion bands while using | ||||||
21 | firearms for ceremonial purposes
with blank ammunition;
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22 | (13) Nonresident hunters whose state of residence does | ||||||
23 | not require
them to be licensed or registered to possess a | ||||||
24 | firearm and only during
hunting season, with valid hunting | ||||||
25 | licenses, while accompanied by, and
using a firearm owned | ||||||
26 | by, a person who possesses a valid Firearm Owner's
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1 | Identification Card and while in an area within a | ||||||
2 | commercial club licensed
under the Wildlife Code where | ||||||
3 | hunting is permitted and controlled, but in
no instance | ||||||
4 | upon sites owned or managed by the Department of Natural
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5 | Resources;
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6 | (14) Resident hunters who are properly authorized to | ||||||
7 | hunt and,
while accompanied by a person who possesses a | ||||||
8 | valid Firearm Owner's
Identification Card, hunt in an area | ||||||
9 | within a commercial club licensed
under the Wildlife Code | ||||||
10 | where hunting is permitted and controlled;
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11 | (15) A person who is otherwise eligible to obtain a | ||||||
12 | Firearm Owner's
Identification Card under this Act and is | ||||||
13 | under the direct supervision of a
holder of a Firearm
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14 | Owner's Identification Card who is 21 years of age or older | ||||||
15 | while the person is
on a firing or shooting range
or is a
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16 | participant in a firearms safety and training course | ||||||
17 | recognized by a law
enforcement agency or a national, | ||||||
18 | statewide shooting sports organization; and
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19 | (16) Competitive shooting athletes whose competition | ||||||
20 | firearms are sanctioned by the International Olympic | ||||||
21 | Committee, the International Paralympic Committee, the | ||||||
22 | International Shooting Sport Federation, or USA Shooting | ||||||
23 | in connection with such athletes' training for and | ||||||
24 | participation in shooting competitions at the 2016 Olympic | ||||||
25 | and Paralympic Games and sanctioned test events leading up | ||||||
26 | to the 2016 Olympic and Paralympic Games. |
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1 | (c) The provisions of this Section regarding the | ||||||
2 | acquisition and possession
of firearms, firearm ammunition, | ||||||
3 | stun guns, and tasers do not apply to law enforcement officials
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4 | of this or any other jurisdiction, while engaged in the | ||||||
5 | operation of their
official duties.
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6 | (c-5) The provisions of paragraphs (1) and (2) of | ||||||
7 | subsection (a) of this Section regarding the possession of | ||||||
8 | firearms
and firearm ammunition do not apply to the holder of a | ||||||
9 | valid concealed carry
license issued under the Firearm | ||||||
10 | Concealed Carry Act who possesses a is in physical
possession | ||||||
11 | of the concealed carry license. | ||||||
12 | (d) Any person who becomes a resident of this State, who is | ||||||
13 | not otherwise prohibited from obtaining, possessing, or using a | ||||||
14 | firearm or firearm ammunition, shall not be required to have a | ||||||
15 | Firearm Owner's Identification Card to possess firearms or | ||||||
16 | firearms ammunition until 60 calendar days after he or she | ||||||
17 | obtains an Illinois driver's license or Illinois | ||||||
18 | Identification Card. | ||||||
19 | (Source: P.A. 99-29, eff. 7-10-15.)
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20 | (430 ILCS 65/3) (from Ch. 38, par. 83-3) | ||||||
21 | Sec. 3. (a) Except as provided in Section 3a, no person may | ||||||
22 | knowingly
transfer, or cause to be transferred, any firearm, | ||||||
23 | firearm ammunition, stun gun, or taser to any person within | ||||||
24 | this State unless the
transferee with whom he or she deals | ||||||
25 | possesses displays either: (1) a currently valid Firearm |
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1 | Owner's
Identification Card which has previously been issued in | ||||||
2 | his or her name by the
Department of State Police under the | ||||||
3 | provisions of this Act; or (2) a currently valid license to | ||||||
4 | carry a concealed firearm which has previously been issued in | ||||||
5 | his or her name by the
Department of State Police under the | ||||||
6 | Firearm Concealed Carry Act. In addition,
all firearm, stun | ||||||
7 | gun, and taser transfers by federally licensed firearm dealers | ||||||
8 | are subject
to Section 3.1. | ||||||
9 | (a-5) Any person who is not a federally licensed firearm | ||||||
10 | dealer and who desires to transfer or sell a firearm while that | ||||||
11 | person is on the grounds of a gun show must, before selling or | ||||||
12 | transferring the firearm, request the Department of State | ||||||
13 | Police to conduct a background check on the prospective | ||||||
14 | recipient of the firearm in accordance with Section 3.1.
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15 | (a-10) Notwithstanding item (2) of subsection (a) of this | ||||||
16 | Section, any person who is not a federally licensed firearm | ||||||
17 | dealer and who desires to transfer or sell a firearm or | ||||||
18 | firearms to any person who is not a federally licensed firearm | ||||||
19 | dealer shall, before selling or transferring the firearms, | ||||||
20 | contact the Department of State Police with the transferee's or | ||||||
21 | purchaser's Firearm Owner's Identification Card number to | ||||||
22 | determine the validity of the transferee's or purchaser's | ||||||
23 | Firearm Owner's Identification Card. This subsection (a-10) | ||||||
24 | shall not be effective until January 1, 2014. The Department of | ||||||
25 | State Police may adopt rules concerning the implementation of | ||||||
26 | this subsection (a-10) . The Department of State Police shall |
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1 | provide the seller or transferor an approval number if the | ||||||
2 | purchaser's Firearm Owner's Identification Card is valid. | ||||||
3 | Approvals issued by the Department for the purchase of a | ||||||
4 | firearm pursuant to this subsection are valid for 30 days from | ||||||
5 | the date of issue. | ||||||
6 | (a-15) The provisions of subsection (a-10) of this Section | ||||||
7 | do not apply to: | ||||||
8 | (1) transfers that occur at the place of business of a | ||||||
9 | federally licensed firearm dealer, if the federally | ||||||
10 | licensed firearm dealer conducts a background check on the | ||||||
11 | prospective recipient of the firearm in accordance with | ||||||
12 | Section 3.1 of this Act and follows all other applicable | ||||||
13 | federal, State, and local laws as if he or she were the | ||||||
14 | seller or transferor of the firearm, although the dealer is | ||||||
15 | not required to accept the firearm into his or her | ||||||
16 | inventory. The purchaser or transferee may be required by | ||||||
17 | the federally licensed firearm dealer to pay a fee not to | ||||||
18 | exceed $10 per firearm, which the dealer may retain as | ||||||
19 | compensation for performing the functions required under | ||||||
20 | this paragraph, plus the applicable fees authorized by | ||||||
21 | Section 3.1; | ||||||
22 | (2) transfers as a bona fide gift to the transferor's | ||||||
23 | husband, wife, son, daughter, stepson, stepdaughter, | ||||||
24 | father, mother, stepfather, stepmother, brother, sister, | ||||||
25 | nephew, niece, uncle, aunt, grandfather, grandmother, | ||||||
26 | grandson, granddaughter, father-in-law, mother-in-law, |
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1 | son-in-law, or daughter-in-law; | ||||||
2 | (3) transfers by persons acting pursuant to operation | ||||||
3 | of law or a court order; | ||||||
4 | (4) transfers on the grounds of a gun show under | ||||||
5 | subsection (a-5) of this Section; | ||||||
6 | (5) the delivery of a firearm by its owner to a | ||||||
7 | gunsmith for service or repair, the return of the firearm | ||||||
8 | to its owner by the gunsmith, or the delivery of a firearm | ||||||
9 | by a gunsmith to a federally licensed firearms dealer for | ||||||
10 | service or repair and the return of the firearm to the | ||||||
11 | gunsmith; | ||||||
12 | (6) temporary transfers that occur while in the home of | ||||||
13 | the unlicensed transferee, if the unlicensed transferee is | ||||||
14 | not otherwise prohibited from possessing firearms and the | ||||||
15 | unlicensed transferee reasonably believes that possession | ||||||
16 | of the firearm is necessary to prevent imminent death or | ||||||
17 | great bodily harm to the unlicensed transferee; | ||||||
18 | (7) transfers to a law enforcement or corrections | ||||||
19 | agency or a law enforcement or corrections officer acting | ||||||
20 | within the course and scope of his or her official duties; | ||||||
21 | (8) transfers of firearms that have been rendered | ||||||
22 | permanently inoperable to a nonprofit historical society, | ||||||
23 | museum, or institutional collection; and | ||||||
24 | (9) transfers to a person who is exempt from the | ||||||
25 | requirement of possessing a Firearm Owner's Identification | ||||||
26 | Card under Section 2 of this Act. |
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1 | (a-20) The Department of State Police shall develop an | ||||||
2 | Internet-based system for individuals to determine the | ||||||
3 | validity of a Firearm Owner's Identification Card prior to the | ||||||
4 | sale or transfer of a firearm. The Department shall have the | ||||||
5 | Internet-based system completed and available for use by July | ||||||
6 | 1, 2015. The Department shall adopt rules not inconsistent with | ||||||
7 | this Section to implement this system. | ||||||
8 | (b) Any person within this State who transfers or causes to | ||||||
9 | be
transferred any firearm, stun gun, or taser shall keep a | ||||||
10 | record of such transfer for a period
of 10 years from the date | ||||||
11 | of transfer. Such record shall contain the date
of the | ||||||
12 | transfer; the description, serial number or other information
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13 | identifying the firearm, stun gun, or taser if no serial number | ||||||
14 | is available; and, if the
transfer was completed within this | ||||||
15 | State, the transferee's Firearm Owner's
Identification Card | ||||||
16 | number and any approval number or documentation provided by the | ||||||
17 | Department of State Police pursuant to subsection (a-10) of | ||||||
18 | this Section. On or after January 1, 2006, the record shall | ||||||
19 | contain the date of application for transfer of the firearm. On | ||||||
20 | demand of a peace officer such transferor
shall produce for | ||||||
21 | inspection such record of transfer. If the transfer or sale | ||||||
22 | took place at a gun show, the record shall include the unique | ||||||
23 | identification number. Failure to record the unique | ||||||
24 | identification number or approval number is a petty offense.
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25 | (b-5) Any resident may purchase ammunition from a person | ||||||
26 | within or outside of Illinois if shipment is by United States |
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1 | mail or by a private express carrier authorized by federal law | ||||||
2 | to ship ammunition. Any resident purchasing ammunition within | ||||||
3 | or outside the State of Illinois must provide the seller with a | ||||||
4 | copy of his or her valid Firearm Owner's Identification Card or | ||||||
5 | valid concealed carry license and either his or her Illinois | ||||||
6 | driver's license or Illinois State Identification Card prior to | ||||||
7 | the shipment of the ammunition. The ammunition may be shipped | ||||||
8 | only to an address on either of those 2 documents. | ||||||
9 | (c) The provisions of this Section regarding the transfer | ||||||
10 | of firearm
ammunition shall not apply to those persons | ||||||
11 | specified in paragraph (b) of
Section 2 of this Act. | ||||||
12 | (Source: P.A. 98-508, eff. 8-19-13; 99-29, eff. 7-10-15.) | ||||||
13 | (430 ILCS 65/6.2 new) | ||||||
14 | Sec. 6.2. Electronic Firearm Owner's Identification Cards. | ||||||
15 | The Department of State Police may develop a system under which | ||||||
16 | the holder of a Firearm Owner's Identification Card may display | ||||||
17 | an electronic version of his or her Firearm Owner's | ||||||
18 | Identification Card on a mobile telephone or other portable | ||||||
19 | electronic device. An electronic version of a Firearm Owner's | ||||||
20 | Identification Card shall contain security features the | ||||||
21 | Department determines to be necessary to ensure that the | ||||||
22 | electronic version is accurate and current and shall satisfy | ||||||
23 | other requirements the Department determines to be necessary | ||||||
24 | regarding form and content. The display or possession of an | ||||||
25 | electronic version of a valid Firearm Owner's Identification |
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1 | Card in accordance with the requirements of the Department | ||||||
2 | satisfies all requirements for the display or possession of a | ||||||
3 | valid Firearm Owner's Identification Card under the laws of | ||||||
4 | this State. The possession or display of an electronic Firearm | ||||||
5 | Owner's Identification Card on a mobile telephone or other | ||||||
6 | portable electronic device does not constitute consent for a | ||||||
7 | law enforcement officer, court, or other officer of the court | ||||||
8 | to access other contents of the mobile telephone or other | ||||||
9 | portable electronic device. The Department may adopt rules to | ||||||
10 | implement this Section. | ||||||
11 | Section 10. The Firearm Concealed Carry Act is amended by | ||||||
12 | adding Section 11 as follows: | ||||||
13 | (430 ILCS 66/11 new) | ||||||
14 | Sec. 11. Electronic concealed carry licenses. The | ||||||
15 | Department of State Police may develop a system under which the | ||||||
16 | holder of a concealed carry license may display an electronic | ||||||
17 | version of his or her license on a mobile telephone or other | ||||||
18 | portable electronic device. An electronic version of a license | ||||||
19 | shall contain security features the Department determines to be | ||||||
20 | necessary to ensure that the electronic version is accurate and | ||||||
21 | current and shall satisfy other requirements the Department | ||||||
22 | determines to be necessary regarding form and content. The | ||||||
23 | display or possession of an electronic version of a license in | ||||||
24 | accordance with the requirements of the Department satisfies |
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1 | all requirements for the display or possession of a valid | ||||||
2 | license under the laws of this State. The possession or display | ||||||
3 | of an electronic license on a mobile telephone or other | ||||||
4 | portable electronic device does not constitute consent for a | ||||||
5 | law enforcement officer, court, or other officer of the court | ||||||
6 | to access other contents of the mobile telephone or other | ||||||
7 | portable electronic device. The Department may adopt rules to | ||||||
8 | implement this Section. ".
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