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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:
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4 | | Section 5. The Firearm Owners Identification Card Act is |
5 | | amended by changing Sections 1, 1.1, 2, and 3 as follows:
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6 | | (430 ILCS 65/1) (from Ch. 38, par. 83-1)
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7 | | Sec. 1. It is hereby declared as a matter of legislative |
8 | | determination that
in order to promote and protect the health, |
9 | | safety , and welfare of the
public, it is necessary and in the |
10 | | public interest to provide a system of
identifying persons who |
11 | | are not qualified to acquire or possess firearms, 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.
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21 | | (Source: P.A. 97-1150, eff. 1-25-13.)
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22 | | (430 ILCS 65/1.1) (from Ch. 38, par. 83-1.1)
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1 | | Sec. 1.1. For purposes of this Act:
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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 |
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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;
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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: |
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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).
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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,
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25 | | however:
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26 | | (1) any pneumatic gun, spring gun, paint ball gun, or |
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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;
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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;
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10 | | (3) any device used exclusively for the firing of stud |
11 | | cartridges,
explosive rivets or similar industrial |
12 | | ammunition; and
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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
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17 | | primarily a collector's item and is not likely to be used |
18 | | as a weapon.
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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:
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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
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26 | | (2) any ammunition designed exclusively for use with a |
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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.
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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.
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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
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25 | | any other event where the sale or transfer of firearms is not |
26 | | the primary course of business. |
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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 |
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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 |
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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.
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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.)
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22 | | (430 ILCS 65/2) (from Ch. 38, par. 83-2)
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23 | | Sec. 2. Firearm Owner's Identification Card required; |
24 | | exceptions.
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25 | | (a) (1) No person may acquire or possess any firearm, |
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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.
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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.
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11 | | (b) The provisions of this Section regarding the possession |
12 | | of firearms, firearm ammunition, stun guns, and tasers do not |
13 | | apply to:
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14 | | (1) United States Marshals, while engaged in the |
15 | | operation of their
official duties;
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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;
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19 | | (3) Federal officials required to carry firearms, |
20 | | while engaged in the
operation of their official duties;
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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;
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25 | | (5) Nonresident hunters during hunting season, with |
26 | | valid nonresident
hunting licenses and while in an area |
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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;
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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;
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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;
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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;
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16 | | (9) Nonresidents whose firearms are unloaded and |
17 | | enclosed in a case;
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18 | | (10) Nonresidents who are currently licensed or |
19 | | registered to possess a
firearm in their resident state;
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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
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25 | | Card;
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26 | | (12) Color guards of bona fide veterans organizations |
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1 | | or members of bona
fide American Legion bands while using |
2 | | firearms for ceremonial purposes
with blank ammunition;
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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
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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
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12 | | Resources;
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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;
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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
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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
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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
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26 | | (16) Competitive shooting athletes whose competition |
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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.
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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 |
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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 |
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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.)
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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
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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.
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25 | | (a-10) Notwithstanding item (2) of subsection (a) of this |
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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 |
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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 |
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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
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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.
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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 |
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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 |
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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.
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