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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 | ||||||||||||||||||||||||||||
14 | the Illinois Department of State Police under
the provisions | ||||||||||||||||||||||||||||
15 | of this Act.
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16 | (2) A No person shall not may acquire or possess firearm | ||||||||||||||||||||||||||||
17 | ammunition within this
State without possessing having in his | ||||||||||||||||||||||||||||
18 | or her possession a Firearm Owner's Identification
Card | ||||||||||||||||||||||||||||
19 | previously issued in his or her name by the Illinois | ||||||||||||||||||||||||||||
20 | Department of State Police
under the provisions of this Act.
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21 | (b) The provisions of this Section regarding the | ||||||||||||||||||||||||||||
22 | possession of firearms, firearm ammunition, stun guns, and | ||||||||||||||||||||||||||||
23 | tasers do not apply to:
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1 | (1) United States Marshals, while engaged in the | ||||||
2 | operation of their
official duties;
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3 | (2) Members of the Armed Forces of the United States | ||||||
4 | or the National
Guard, while engaged in the operation of | ||||||
5 | their official duties;
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6 | (3) Federal officials required to carry firearms, | ||||||
7 | while engaged in the
operation of their official duties;
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8 | (4) Members of bona fide veterans organizations which | ||||||
9 | receive firearms
directly from the armed forces of the | ||||||
10 | United States, while using the
firearms for ceremonial | ||||||
11 | purposes with blank ammunition;
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12 | (5) Nonresident hunters during hunting season, with | ||||||
13 | valid nonresident
hunting licenses and while in an area | ||||||
14 | where hunting is permitted; however,
at all other times | ||||||
15 | and in all other places these persons must have their
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16 | firearms unloaded and enclosed in a case;
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17 | (6) Those hunters exempt from obtaining a hunting | ||||||
18 | license who are
required to submit their Firearm Owner's | ||||||
19 | Identification Card when hunting
on Department of Natural | ||||||
20 | Resources owned or managed sites;
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21 | (7) Nonresidents while on a firing or shooting range | ||||||
22 | recognized by the Illinois
Department of State Police; | ||||||
23 | however, these persons must at all other times
and in all | ||||||
24 | other places have their firearms unloaded and enclosed in | ||||||
25 | a case;
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26 | (8) Nonresidents while at a firearm showing or display |
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1 | recognized by
the Illinois Department of State Police; | ||||||
2 | however, at all other times and in all
other places these | ||||||
3 | persons must have their firearms unloaded and enclosed
in | ||||||
4 | a case;
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5 | (9) Nonresidents whose firearms are unloaded and | ||||||
6 | enclosed in a case;
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7 | (10) Nonresidents who are currently licensed or | ||||||
8 | registered to possess a
firearm in their resident state;
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9 | (11) Unemancipated minors while in the custody and | ||||||
10 | immediate control of
their parent or legal guardian or | ||||||
11 | other person in loco parentis to the
minor if the parent or | ||||||
12 | legal guardian or other person in loco parentis to
the | ||||||
13 | minor possesses has a currently valid Firearm Owner's | ||||||
14 | Identification
Card;
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15 | (12) Color guards of bona fide veterans organizations | ||||||
16 | or members of bona
fide American Legion bands while using | ||||||
17 | firearms for ceremonial purposes
with blank ammunition;
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18 | (13) Nonresident hunters whose state of residence does | ||||||
19 | not require
them to be licensed or registered to possess a | ||||||
20 | firearm and only during
hunting season, with valid hunting | ||||||
21 | licenses, while accompanied by, and
using a firearm owned | ||||||
22 | by, a person who possesses a valid Firearm Owner's
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23 | Identification Card and while in an area within a | ||||||
24 | commercial club licensed
under the Wildlife Code where | ||||||
25 | hunting is permitted and controlled, but in
no instance | ||||||
26 | upon sites owned or managed by the Department of Natural
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1 | Resources;
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2 | (14) Resident hunters who are properly authorized to | ||||||
3 | hunt and,
while accompanied by a person who possesses a | ||||||
4 | valid Firearm Owner's
Identification Card, hunt in an area | ||||||
5 | within a commercial club licensed
under the Wildlife Code | ||||||
6 | where hunting is permitted and controlled;
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7 | (15) A person who is otherwise eligible to obtain a | ||||||
8 | Firearm Owner's
Identification Card under this Act and is | ||||||
9 | under the direct supervision of a
holder of a Firearm
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10 | Owner's Identification Card who is 21 years of age or | ||||||
11 | older while the person is
on a firing or shooting range
or | ||||||
12 | is a
participant in a firearms safety and training course | ||||||
13 | recognized by a law
enforcement agency or a national, | ||||||
14 | statewide shooting sports organization; and
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15 | (16) Competitive shooting athletes whose competition | ||||||
16 | firearms are sanctioned by the International Olympic | ||||||
17 | Committee, the International Paralympic Committee, the | ||||||
18 | International Shooting Sport Federation, or USA Shooting | ||||||
19 | in connection with such athletes' training for and | ||||||
20 | participation in shooting competitions at the 2016 Olympic | ||||||
21 | and Paralympic Games and sanctioned test events leading up | ||||||
22 | to the 2016 Olympic and Paralympic Games. | ||||||
23 | (c) The provisions of this Section regarding the | ||||||
24 | acquisition and possession
of firearms, firearm ammunition, | ||||||
25 | stun guns, and tasers do not apply to law enforcement | ||||||
26 | officials
of this or any other jurisdiction, while engaged in |
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1 | the operation of their
official duties.
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2 | (c-5) The provisions of paragraphs (1) and (2) of | ||||||
3 | subsection (a) of this Section regarding the possession of | ||||||
4 | firearms
and firearm ammunition do not apply to the holder of a | ||||||
5 | valid concealed carry
license issued under the Firearm | ||||||
6 | Concealed Carry Act who possesses a is in physical
possession | ||||||
7 | of the concealed carry license. | ||||||
8 | (d) Any person who becomes a resident of this State, who is | ||||||
9 | not otherwise prohibited from obtaining, possessing, or using | ||||||
10 | a firearm or firearm ammunition, shall not be required to have | ||||||
11 | a Firearm Owner's Identification Card to possess firearms or | ||||||
12 | firearms ammunition until 60 calendar days after he or she | ||||||
13 | obtains an Illinois driver's license or Illinois | ||||||
14 | Identification Card. | ||||||
15 | (Source: P.A. 99-29, eff. 7-10-15.)
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16 | (430 ILCS 65/3) (from Ch. 38, par. 83-3) | ||||||
17 | Sec. 3. (a) Except as provided in Section 3a, no person may | ||||||
18 | knowingly
transfer, or cause to be transferred, any firearm, | ||||||
19 | firearm ammunition, stun gun, or taser to any person within | ||||||
20 | this State unless the
transferee with whom he or she deals | ||||||
21 | possesses displays either: (1) a currently valid Firearm | ||||||
22 | Owner's
Identification Card which has previously been issued | ||||||
23 | in his or her name by the
Illinois Department of State Police | ||||||
24 | under the provisions of this Act; or (2) a currently valid | ||||||
25 | license to carry a concealed firearm which has previously been |
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1 | issued in his or her name by the
Illinois Department of State | ||||||
2 | Police under the Firearm Concealed Carry Act. In addition,
all | ||||||
3 | firearm, stun gun, and taser transfers by federally licensed | ||||||
4 | firearm dealers are subject
to Section 3.1. | ||||||
5 | (a-5) Any person who is not a federally licensed firearm | ||||||
6 | dealer and who desires to transfer or sell a firearm while that | ||||||
7 | person is on the grounds of a gun show must, before selling or | ||||||
8 | transferring the firearm, request the Illinois Department of | ||||||
9 | State Police to conduct a background check on the prospective | ||||||
10 | recipient of the firearm in accordance with Section 3.1.
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11 | (a-10) Notwithstanding item (2) of subsection (a) of this | ||||||
12 | Section, any person who is not a federally licensed firearm | ||||||
13 | dealer and who desires to transfer or sell a firearm or | ||||||
14 | firearms to any person who is not a federally licensed firearm | ||||||
15 | dealer shall, before selling or transferring the firearms, | ||||||
16 | contact the Illinois Department of State Police with the | ||||||
17 | transferee's or purchaser's Firearm Owner's Identification | ||||||
18 | Card number to determine the validity of the transferee's or | ||||||
19 | purchaser's Firearm Owner's Identification Card. This | ||||||
20 | subsection (a-10) shall not be effective until January 1, | ||||||
21 | 2014. The Illinois Department of State Police may adopt rules | ||||||
22 | concerning the implementation of this subsection (a-10) . The | ||||||
23 | Illinois Department of State Police shall provide the seller | ||||||
24 | or transferor an approval number if the purchaser's Firearm | ||||||
25 | Owner's Identification Card is valid. Approvals issued by the | ||||||
26 | Illinois State Police Department for the purchase of a firearm |
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1 | pursuant to this subsection are valid for 30 days from the date | ||||||
2 | of issue. | ||||||
3 | (a-15) The provisions of subsection (a-10) of this Section | ||||||
4 | do not apply to: | ||||||
5 | (1) transfers that occur at the place of business of a | ||||||
6 | federally licensed firearm dealer, if the federally | ||||||
7 | licensed firearm dealer conducts a background check on the | ||||||
8 | prospective recipient of the firearm in accordance with | ||||||
9 | Section 3.1 of this Act and follows all other applicable | ||||||
10 | federal, State, and local laws as if he or she were the | ||||||
11 | seller or transferor of the firearm, although the dealer | ||||||
12 | is not required to accept the firearm into his or her | ||||||
13 | inventory. The purchaser or transferee may be required by | ||||||
14 | the federally licensed firearm dealer to pay a fee not to | ||||||
15 | exceed $10 per firearm, which the dealer may retain as | ||||||
16 | compensation for performing the functions required under | ||||||
17 | this paragraph, plus the applicable fees authorized by | ||||||
18 | Section 3.1; | ||||||
19 | (2) transfers as a bona fide gift to the transferor's | ||||||
20 | husband, wife, son, daughter, stepson, stepdaughter, | ||||||
21 | father, mother, stepfather, stepmother, brother, sister, | ||||||
22 | nephew, niece, uncle, aunt, grandfather, grandmother, | ||||||
23 | grandson, granddaughter, father-in-law, mother-in-law, | ||||||
24 | son-in-law, or daughter-in-law; | ||||||
25 | (3) transfers by persons acting pursuant to operation | ||||||
26 | of law or a court order; |
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1 | (4) transfers on the grounds of a gun show under | ||||||
2 | subsection (a-5) of this Section; | ||||||
3 | (5) the delivery of a firearm by its owner to a | ||||||
4 | gunsmith for service or repair, the return of the firearm | ||||||
5 | to its owner by the gunsmith, or the delivery of a firearm | ||||||
6 | by a gunsmith to a federally licensed firearms dealer for | ||||||
7 | service or repair and the return of the firearm to the | ||||||
8 | gunsmith; | ||||||
9 | (6) temporary transfers that occur while in the home | ||||||
10 | of the unlicensed transferee, if the unlicensed transferee | ||||||
11 | is not otherwise prohibited from possessing firearms and | ||||||
12 | the unlicensed transferee reasonably believes that | ||||||
13 | possession of the firearm is necessary to prevent imminent | ||||||
14 | death or great bodily harm to the unlicensed transferee; | ||||||
15 | (7) transfers to a law enforcement or corrections | ||||||
16 | agency or a law enforcement or corrections officer acting | ||||||
17 | within the course and scope of his or her official duties; | ||||||
18 | (8) transfers of firearms that have been rendered | ||||||
19 | permanently inoperable to a nonprofit historical society, | ||||||
20 | museum, or institutional collection; and | ||||||
21 | (9) transfers to a person who is exempt from the | ||||||
22 | requirement of possessing a Firearm Owner's Identification | ||||||
23 | Card under Section 2 of this Act. | ||||||
24 | (a-20) The Illinois Department of State Police shall | ||||||
25 | develop an Internet-based system for individuals to determine | ||||||
26 | the validity of a Firearm Owner's Identification Card prior to |
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1 | the sale or transfer of a firearm. The Illinois State Police | ||||||
2 | Department shall have the Internet-based system completed and | ||||||
3 | available for use by July 1, 2015. The Illinois State Police | ||||||
4 | Department shall adopt rules not inconsistent with this | ||||||
5 | Section to implement this system. | ||||||
6 | (b) Any person within this State who transfers or causes | ||||||
7 | to be
transferred any firearm, stun gun, or taser shall keep a | ||||||
8 | record of such transfer for a period
of 10 years from the date | ||||||
9 | of transfer. Such record shall contain the date
of the | ||||||
10 | transfer; the description, serial number or other information
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11 | identifying the firearm, stun gun, or taser if no serial | ||||||
12 | number is available; and, if the
transfer was completed within | ||||||
13 | this State, the transferee's Firearm Owner's
Identification | ||||||
14 | Card number and any approval number or documentation provided | ||||||
15 | by the Illinois Department of State Police pursuant to | ||||||
16 | subsection (a-10) of this Section; if the transfer was not | ||||||
17 | completed within this State, the record shall contain the name | ||||||
18 | and address of the transferee. On or after January 1, 2006, the | ||||||
19 | record shall contain the date of application for transfer of | ||||||
20 | the firearm. On demand of a peace officer such transferor
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21 | shall produce for inspection such record of transfer. If the | ||||||
22 | transfer or sale took place at a gun show, the record shall | ||||||
23 | include the unique identification number. Failure to record | ||||||
24 | the unique identification number or approval number is a petty | ||||||
25 | offense.
For transfers of a firearm, stun gun, or taser made on | ||||||
26 | or after the effective date of this amendatory Act of the 100th |
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1 | General Assembly, failure by the private seller to maintain | ||||||
2 | the transfer records in accordance with this Section is a | ||||||
3 | Class A misdemeanor for the first offense and a Class 4 felony | ||||||
4 | for a second or subsequent offense. A transferee shall not be | ||||||
5 | criminally liable under this Section provided that he or she | ||||||
6 | provides the Illinois Department of State Police with the | ||||||
7 | transfer records in accordance with procedures established by | ||||||
8 | the Illinois State Police Department . The Illinois State | ||||||
9 | Police Department shall establish, by rule, a standard form on | ||||||
10 | its website. | ||||||
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 | ||||||
17 | or valid concealed carry license and either his or her | ||||||
18 | Illinois driver's license or Illinois State Identification | ||||||
19 | Card prior to the shipment of the ammunition. The ammunition | ||||||
20 | may be shipped only to an address on either of those 2 | ||||||
21 | documents. | ||||||
22 | (c) The provisions of this Section regarding the transfer | ||||||
23 | of firearm
ammunition shall not apply to those persons | ||||||
24 | specified in paragraph (b) of
Section 2 of this Act. | ||||||
25 | (Source: P.A. 99-29, eff. 7-10-15; 100-1178, eff. 1-18-19.) |
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1 | (430 ILCS 65/6.2 new) | ||||||
2 | Sec. 6.2. Electronic Firearm Owner's Identification Cards. | ||||||
3 | The Illinois State Police may develop a system under which the | ||||||
4 | holder of a Firearm Owner's Identification Card may display an | ||||||
5 | electronic version of his or her Firearm Owner's | ||||||
6 | Identification Card on a mobile telephone or other portable | ||||||
7 | electronic device. An electronic version of a Firearm Owner's | ||||||
8 | Identification Card shall contain security features the | ||||||
9 | Illinois State Police determines to be necessary to ensure | ||||||
10 | that the electronic version is accurate and current and shall | ||||||
11 | satisfy other requirements the Illinois State Police | ||||||
12 | determines to be necessary regarding form and content. The | ||||||
13 | display or possession of an electronic version of a valid | ||||||
14 | Firearm Owner's Identification Card in accordance with the | ||||||
15 | requirements of the Illinois State Police must satisfy all | ||||||
16 | requirements for the display or possession of a valid Firearm | ||||||
17 | Owner's Identification Card under the laws of this State. The | ||||||
18 | possession or display of an electronic Firearm Owner's | ||||||
19 | Identification Card on a mobile telephone or other portable | ||||||
20 | electronic device does not constitute consent for a law | ||||||
21 | enforcement officer, court, or other officer of the court to | ||||||
22 | access other contents of the mobile telephone or other | ||||||
23 | portable electronic device. The Illinois State Police may | ||||||
24 | adopt rules to implement this Section.
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