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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 Department of State Police under
the provisions of this | |||||||||||||||||||||||||
15 | 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 Department of State | |||||||||||||||||||||||||
20 | 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
Department of State Police; however, | ||||||
23 | these persons must at all other times
and in all other | ||||||
24 | places have their firearms unloaded and enclosed in a | ||||||
25 | case;
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26 | (8) Nonresidents while at a firearm showing or display |
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1 | recognized by
the Department of State Police; however, at | ||||||
2 | all other times and in all
other places these persons must | ||||||
3 | have their firearms unloaded and enclosed
in a case;
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4 | (9) Nonresidents whose firearms are unloaded and | ||||||
5 | enclosed in a case;
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6 | (10) Nonresidents who are currently licensed or | ||||||
7 | registered to possess a
firearm in their resident state;
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8 | (11) Unemancipated minors while in the custody and | ||||||
9 | immediate control of
their parent or legal guardian or | ||||||
10 | other person in loco parentis to the
minor if the parent or | ||||||
11 | legal guardian or other person in loco parentis to
the | ||||||
12 | minor possesses has a currently valid Firearm Owner's | ||||||
13 | Identification
Card;
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14 | (12) Color guards of bona fide veterans organizations | ||||||
15 | or members of bona
fide American Legion bands while using | ||||||
16 | firearms for ceremonial purposes
with blank ammunition;
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17 | (13) Nonresident hunters whose state of residence does | ||||||
18 | not require
them to be licensed or registered to possess a | ||||||
19 | firearm and only during
hunting season, with valid hunting | ||||||
20 | licenses, while accompanied by, and
using a firearm owned | ||||||
21 | by, a person who possesses a valid Firearm Owner's
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22 | Identification Card and while in an area within a | ||||||
23 | commercial club licensed
under the Wildlife Code where | ||||||
24 | hunting is permitted and controlled, but in
no instance | ||||||
25 | upon sites owned or managed by the Department of Natural
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26 | Resources;
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1 | (14) Resident hunters who are properly authorized to | ||||||
2 | hunt and,
while accompanied by a person who possesses a | ||||||
3 | valid Firearm Owner's
Identification Card, hunt in an area | ||||||
4 | within a commercial club licensed
under the Wildlife Code | ||||||
5 | where hunting is permitted and controlled;
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6 | (15) A person who is otherwise eligible to obtain a | ||||||
7 | Firearm Owner's
Identification Card under this Act and is | ||||||
8 | under the direct supervision of a
holder of a Firearm
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9 | Owner's Identification Card who is 21 years of age or | ||||||
10 | older while the person is
on a firing or shooting range
or | ||||||
11 | is a
participant in a firearms safety and training course | ||||||
12 | recognized by a law
enforcement agency or a national, | ||||||
13 | statewide shooting sports organization; and
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14 | (16) Competitive shooting athletes whose competition | ||||||
15 | firearms are sanctioned by the International Olympic | ||||||
16 | Committee, the International Paralympic Committee, the | ||||||
17 | International Shooting Sport Federation, or USA Shooting | ||||||
18 | in connection with such athletes' training for and | ||||||
19 | participation in shooting competitions at the 2016 Olympic | ||||||
20 | and Paralympic Games and sanctioned test events leading up | ||||||
21 | to the 2016 Olympic and Paralympic Games. | ||||||
22 | (c) The provisions of this Section regarding the | ||||||
23 | acquisition and possession
of firearms, firearm ammunition, | ||||||
24 | stun guns, and tasers do not apply to law enforcement | ||||||
25 | officials
of this or any other jurisdiction, while engaged in | ||||||
26 | the operation of their
official duties.
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1 | (c-5) The provisions of paragraphs (1) and (2) of | ||||||
2 | subsection (a) of this Section regarding the possession of | ||||||
3 | firearms
and firearm ammunition do not apply to the holder of a | ||||||
4 | valid concealed carry
license issued under the Firearm | ||||||
5 | Concealed Carry Act who possesses a is in physical
possession | ||||||
6 | of the concealed carry license. | ||||||
7 | (d) Any person who becomes a resident of this State, who is | ||||||
8 | not otherwise prohibited from obtaining, possessing, or using | ||||||
9 | a firearm or firearm ammunition, shall not be required to have | ||||||
10 | a Firearm Owner's Identification Card to possess firearms or | ||||||
11 | firearms ammunition until 60 calendar days after he or she | ||||||
12 | obtains an Illinois driver's license or Illinois | ||||||
13 | Identification Card. | ||||||
14 | (Source: P.A. 99-29, eff. 7-10-15.)
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15 | (430 ILCS 65/3) (from Ch. 38, par. 83-3) | ||||||
16 | Sec. 3. (a) Except as provided in Section 3a, no person may | ||||||
17 | knowingly
transfer, or cause to be transferred, any firearm, | ||||||
18 | firearm ammunition, stun gun, or taser to any person within | ||||||
19 | this State unless the
transferee with whom he or she deals | ||||||
20 | possesses displays either: (1) a currently valid Firearm | ||||||
21 | Owner's
Identification Card which has previously been issued | ||||||
22 | in his or her name by the
Department of State Police under the | ||||||
23 | provisions of this Act; or (2) a currently valid license to | ||||||
24 | carry a concealed firearm which has previously been issued in | ||||||
25 | his or her name by the
Department of State Police under the |
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1 | Firearm Concealed Carry Act. In addition,
all firearm, stun | ||||||
2 | gun, and taser transfers by federally licensed firearm dealers | ||||||
3 | are subject
to Section 3.1. | ||||||
4 | (a-5) Any person who is not a federally licensed firearm | ||||||
5 | dealer and who desires to transfer or sell a firearm while that | ||||||
6 | person is on the grounds of a gun show must, before selling or | ||||||
7 | transferring the firearm, request the Department of State | ||||||
8 | Police to conduct a background check on the prospective | ||||||
9 | recipient of the firearm in accordance with Section 3.1.
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10 | (a-10) Notwithstanding item (2) of subsection (a) of this | ||||||
11 | Section, any person who is not a federally licensed firearm | ||||||
12 | dealer and who desires to transfer or sell a firearm or | ||||||
13 | firearms to any person who is not a federally licensed firearm | ||||||
14 | dealer shall, before selling or transferring the firearms, | ||||||
15 | contact the Department of State Police with the transferee's | ||||||
16 | or purchaser's Firearm Owner's Identification Card number to | ||||||
17 | determine the validity of the transferee's or purchaser's | ||||||
18 | Firearm Owner's Identification Card. This subsection (a-10) | ||||||
19 | shall not be effective until January 1, 2014. The Department | ||||||
20 | of State Police may adopt rules concerning the implementation | ||||||
21 | of this subsection (a-10) . The Department of State Police | ||||||
22 | shall provide the seller or transferor an approval number if | ||||||
23 | the purchaser's Firearm Owner's Identification Card is valid. | ||||||
24 | Approvals issued by the Department for the purchase of a | ||||||
25 | firearm pursuant to this subsection are valid for 30 days from | ||||||
26 | the date of issue. |
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1 | (a-15) The provisions of subsection (a-10) of this Section | ||||||
2 | do not apply to: | ||||||
3 | (1) transfers that occur at the place of business of a | ||||||
4 | federally licensed firearm dealer, if the federally | ||||||
5 | licensed firearm dealer conducts a background check on the | ||||||
6 | prospective recipient of the firearm in accordance with | ||||||
7 | Section 3.1 of this Act and follows all other applicable | ||||||
8 | federal, State, and local laws as if he or she were the | ||||||
9 | seller or transferor of the firearm, although the dealer | ||||||
10 | is not required to accept the firearm into his or her | ||||||
11 | inventory. The purchaser or transferee may be required by | ||||||
12 | the federally licensed firearm dealer to pay a fee not to | ||||||
13 | exceed $10 per firearm, which the dealer may retain as | ||||||
14 | compensation for performing the functions required under | ||||||
15 | this paragraph, plus the applicable fees authorized by | ||||||
16 | Section 3.1; | ||||||
17 | (2) transfers as a bona fide gift to the transferor's | ||||||
18 | husband, wife, son, daughter, stepson, stepdaughter, | ||||||
19 | father, mother, stepfather, stepmother, brother, sister, | ||||||
20 | nephew, niece, uncle, aunt, grandfather, grandmother, | ||||||
21 | grandson, granddaughter, father-in-law, mother-in-law, | ||||||
22 | son-in-law, or daughter-in-law; | ||||||
23 | (3) transfers by persons acting pursuant to operation | ||||||
24 | of law or a court order; | ||||||
25 | (4) transfers on the grounds of a gun show under | ||||||
26 | subsection (a-5) of this Section; |
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1 | (5) the delivery of a firearm by its owner to a | ||||||
2 | gunsmith for service or repair, the return of the firearm | ||||||
3 | to its owner by the gunsmith, or the delivery of a firearm | ||||||
4 | by a gunsmith to a federally licensed firearms dealer for | ||||||
5 | service or repair and the return of the firearm to the | ||||||
6 | gunsmith; | ||||||
7 | (6) temporary transfers that occur while in the home | ||||||
8 | of the unlicensed transferee, if the unlicensed transferee | ||||||
9 | is not otherwise prohibited from possessing firearms and | ||||||
10 | the unlicensed transferee reasonably believes that | ||||||
11 | possession of the firearm is necessary to prevent imminent | ||||||
12 | death or great bodily harm to the unlicensed transferee; | ||||||
13 | (7) transfers to a law enforcement or corrections | ||||||
14 | agency or a law enforcement or corrections officer acting | ||||||
15 | within the course and scope of his or her official duties; | ||||||
16 | (8) transfers of firearms that have been rendered | ||||||
17 | permanently inoperable to a nonprofit historical society, | ||||||
18 | museum, or institutional collection; and | ||||||
19 | (9) transfers to a person who is exempt from the | ||||||
20 | requirement of possessing a Firearm Owner's Identification | ||||||
21 | Card under Section 2 of this Act. | ||||||
22 | (a-20) The Department of State Police shall develop an | ||||||
23 | Internet-based system for individuals to determine the | ||||||
24 | validity of a Firearm Owner's Identification Card prior to the | ||||||
25 | sale or transfer of a firearm. The Department shall have the | ||||||
26 | Internet-based system completed and available for use by July |
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1 | 1, 2015. The Department shall adopt rules not inconsistent | ||||||
2 | with this Section to implement this system. | ||||||
3 | (b) Any person within this State who transfers or causes | ||||||
4 | to be
transferred any firearm, stun gun, or taser shall keep a | ||||||
5 | record of such transfer for a period
of 10 years from the date | ||||||
6 | of transfer. Such record shall contain the date
of the | ||||||
7 | transfer; the description, serial number or other information
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8 | identifying the firearm, stun gun, or taser if no serial | ||||||
9 | number is available; and, if the
transfer was completed within | ||||||
10 | this State, the transferee's Firearm Owner's
Identification | ||||||
11 | Card number and any approval number or documentation provided | ||||||
12 | by the Department of State Police pursuant to subsection | ||||||
13 | (a-10) of this Section; if the transfer was not completed | ||||||
14 | within this State, the record shall contain the name and | ||||||
15 | address of the transferee. On or after January 1, 2006, the | ||||||
16 | record shall contain the date of application for transfer of | ||||||
17 | the firearm. On demand of a peace officer such transferor
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18 | shall produce for inspection such record of transfer. If the | ||||||
19 | transfer or sale took place at a gun show, the record shall | ||||||
20 | include the unique identification number. Failure to record | ||||||
21 | the unique identification number or approval number is a petty | ||||||
22 | offense.
For transfers of a firearm, stun gun, or taser made on | ||||||
23 | or after the effective date of this amendatory Act of the 100th | ||||||
24 | General Assembly, failure by the private seller to maintain | ||||||
25 | the transfer records in accordance with this Section is a | ||||||
26 | Class A misdemeanor for the first offense and a Class 4 felony |
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1 | for a second or subsequent offense. A transferee shall not be | ||||||
2 | criminally liable under this Section provided that he or she | ||||||
3 | provides the Department of State Police with the transfer | ||||||
4 | records in accordance with procedures established by the | ||||||
5 | Department. The Department shall establish, by rule, a | ||||||
6 | standard form on its website. | ||||||
7 | (b-5) Any resident may purchase ammunition from a person | ||||||
8 | within or outside of Illinois if shipment is by United States | ||||||
9 | mail or by a private express carrier authorized by federal law | ||||||
10 | to ship ammunition. Any resident purchasing ammunition within | ||||||
11 | or outside the State of Illinois must provide the seller with a | ||||||
12 | copy of his or her valid Firearm Owner's Identification Card | ||||||
13 | or valid concealed carry license and either his or her | ||||||
14 | Illinois driver's license or Illinois State Identification | ||||||
15 | Card prior to the shipment of the ammunition. The ammunition | ||||||
16 | may be shipped only to an address on either of those 2 | ||||||
17 | documents. | ||||||
18 | (c) The provisions of this Section regarding the transfer | ||||||
19 | of firearm
ammunition shall not apply to those persons | ||||||
20 | specified in paragraph (b) of
Section 2 of this Act. | ||||||
21 | (Source: P.A. 99-29, eff. 7-10-15; 100-1178, eff. 1-18-19.) | ||||||
22 | (430 ILCS 65/6.2 new) | ||||||
23 | Sec. 6.2. Electronic Firearm Owner's Identification Cards. | ||||||
24 | The Illinois State Police may develop a system under which the | ||||||
25 | holder of a Firearm Owner's Identification Card may display an |
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1 | electronic version of his or her Firearm Owner's | ||||||
2 | Identification Card on a mobile telephone or other portable | ||||||
3 | electronic device. An electronic version of a Firearm Owner's | ||||||
4 | Identification Card shall contain security features the | ||||||
5 | Illinois State Police determines to be necessary to ensure | ||||||
6 | that the electronic version is accurate and current and shall | ||||||
7 | satisfy other requirements the Illinois State Police | ||||||
8 | determines to be necessary regarding form and content. The | ||||||
9 | display or possession of an electronic version of a valid | ||||||
10 | Firearm Owner's Identification Card in accordance with the | ||||||
11 | requirements of the Illinois State Police satisfies all | ||||||
12 | requirements for the display or possession of a valid Firearm | ||||||
13 | Owner's Identification Card under the laws of this State. The | ||||||
14 | possession or display of an electronic Firearm Owner's | ||||||
15 | Identification Card on a mobile telephone or other portable | ||||||
16 | electronic device does not constitute consent for a law | ||||||
17 | enforcement officer, court, or other officer of the court to | ||||||
18 | access other contents of the mobile telephone or other | ||||||
19 | portable electronic device. The Illinois State Police may | ||||||
20 | adopt rules to implement this Section. | ||||||
21 | Section 10. The Firearm Concealed Carry Act is amended by | ||||||
22 | adding Section 11 as follows: | ||||||
23 | (430 ILCS 66/11 new) | ||||||
24 | Sec. 11. Electronic concealed carry licenses. The Illinois |
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1 | State Police may develop a system under which the holder of a | ||||||
2 | concealed carry license may display an electronic version of | ||||||
3 | his or her license on a mobile telephone or other portable | ||||||
4 | electronic device. An electronic version of a license shall | ||||||
5 | contain security features the Illinois State Police determines | ||||||
6 | to be necessary to ensure that the electronic version is | ||||||
7 | accurate and current and shall satisfy other requirements the | ||||||
8 | Illinois State Police determines to be necessary regarding | ||||||
9 | form and content. The display or possession of an electronic | ||||||
10 | version of a license in accordance with the requirements of | ||||||
11 | the Illinois State Police satisfies all requirements for the | ||||||
12 | display or possession of a valid license under the laws of this | ||||||
13 | State. The possession or display of an electronic license on a | ||||||
14 | mobile telephone or other portable electronic device does not | ||||||
15 | constitute consent for a law enforcement officer, court, or | ||||||
16 | other officer of the court to access other contents of the | ||||||
17 | mobile telephone or other portable electronic device. The | ||||||
18 | Illinois State Police may adopt rules to implement this | ||||||
19 | Section.
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