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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, | ||||||
3 | represented in the General Assembly:
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4 | Section 5. The Mental Health and Developmental | ||||||
5 | Disabilities Code is amended by changing Sections 6-103.2 and | ||||||
6 | 6-103.3 as follows: | ||||||
7 | (405 ILCS 5/6-103.2) | ||||||
8 | Sec. 6-103.2. Developmental disability; notice. If For | ||||||
9 | purposes of this Section, if a person 14 years old or older is | ||||||
10 | determined to be developmentally disabled as defined in Section | ||||||
11 | 1.1 of the Firearm Owners Identification Card Act by a | ||||||
12 | physician, clinical psychologist, or qualified examiner, | ||||||
13 | whether practicing at a public or by a private mental health | ||||||
14 | facility or developmental disability facility, the physician, | ||||||
15 | clinical psychologist, or qualified examiner shall notify the | ||||||
16 | Department of Human Services within 7 days 24 hours of making | ||||||
17 | the determination that the person has a developmental | ||||||
18 | disability. The Department of Human Services shall immediately | ||||||
19 | update its records and information relating to mental health | ||||||
20 | and developmental disabilities, and if appropriate, shall | ||||||
21 | notify the Department of State Police in a form and manner | ||||||
22 | prescribed by the Department of State Police. Information | ||||||
23 | disclosed under this Section shall remain privileged and |
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1 | confidential, and shall not be redisclosed, except as required | ||||||
2 | under subsection (e) of Section 3.1 of the Firearm Owners | ||||||
3 | Identification Card Act, nor used for any other purpose. The | ||||||
4 | method of providing this information shall guarantee that the | ||||||
5 | information is not released beyond that which is necessary for | ||||||
6 | the purpose of this Section and shall be provided by rule by | ||||||
7 | the Department of Human Services. The identity of the person | ||||||
8 | reporting under this Section shall not be disclosed to the | ||||||
9 | subject of the report. | ||||||
10 | The physician, clinical psychologist, or qualified | ||||||
11 | examiner making the determination and his or her employer may | ||||||
12 | not be held criminally, civilly, or professionally liable for | ||||||
13 | making or not making the notification required under this | ||||||
14 | Section, except for willful or wanton misconduct.
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15 | For purposes of this Section, "developmentally disabled" | ||||||
16 | means a disability which is attributable to any other condition | ||||||
17 | which results in impairment similar to that caused by an | ||||||
18 | intellectual disability and which requires services similar to | ||||||
19 | those required by intellectually disabled persons. The | ||||||
20 | disability must originate before the age of 18 years, be | ||||||
21 | expected to continue indefinitely, and constitute a | ||||||
22 | substantial disability. This disability results in the | ||||||
23 | professional opinion of a physician, clinical psychologist, or | ||||||
24 | qualified examiner, in significant functional limitations in 3 | ||||||
25 | or more of the following areas of major life activity: | ||||||
26 | (i) self-care; |
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1 | (ii) receptive and expressive language; | ||||||
2 | (iii) learning; | ||||||
3 | (iv) mobility; or | ||||||
4 | (v) self-direction. | ||||||
5 | "Determined to be developmentally disabled by a physician, | ||||||
6 | clinical psychologist, or qualified examiner" means in the | ||||||
7 | professional opinion of the physician, clinical psychologist, | ||||||
8 | or qualified examiner, a person is diagnosed, assessed, or | ||||||
9 | evaluated to be developmentally disabled. | ||||||
10 | (Source: P.A. 98-63, eff. 7-9-13.) | ||||||
11 | (405 ILCS 5/6-103.3) | ||||||
12 | Sec. 6-103.3. Clear and present danger; notice. If a person | ||||||
13 | is determined to pose a clear and present danger to himself, | ||||||
14 | herself, or to others by a physician, clinical psychologist, or | ||||||
15 | qualified examiner, whether employed by the State, by any | ||||||
16 | public or private mental health facility or part thereof, or by | ||||||
17 | a law enforcement official or a school administrator, then the | ||||||
18 | physician, clinical psychologist, qualified examiner shall | ||||||
19 | notify the Department of Human Services and a law enforcement | ||||||
20 | official or school administrator shall notify the Department of | ||||||
21 | State Police, within 24 hours of making the determination that | ||||||
22 | the person poses a clear and present danger. The Department of | ||||||
23 | Human Services shall immediately update its records and | ||||||
24 | information relating to mental health and developmental | ||||||
25 | disabilities, and if appropriate, shall notify the Department |
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1 | of State Police in a form and manner prescribed by the | ||||||
2 | Department of State Police. Information disclosed under this | ||||||
3 | Section shall remain privileged and confidential, and shall not | ||||||
4 | be redisclosed, except as required under subsection (e) of | ||||||
5 | Section 3.1 of the Firearm Owners Identification Card Act, nor | ||||||
6 | used for any other purpose. The method of providing this | ||||||
7 | information shall guarantee that the information is not | ||||||
8 | released beyond that which is necessary for the purpose of this | ||||||
9 | Section and shall be provided by rule by the Department of | ||||||
10 | Human Services. The identity of the person reporting under this | ||||||
11 | Section shall not be disclosed to the subject of the report. | ||||||
12 | The physician, clinical psychologist, qualified examiner, law | ||||||
13 | enforcement official, or school administrator making the | ||||||
14 | determination and his or her employer shall not be held | ||||||
15 | criminally, civilly, or professionally liable for making or not | ||||||
16 | making the notification required under this Section, except for | ||||||
17 | willful or wanton misconduct. This Section does not apply to a | ||||||
18 | law enforcement official, if making the notification under this | ||||||
19 | Section will interfere with an ongoing or pending criminal | ||||||
20 | investigation. | ||||||
21 | For the purposes of this Section: | ||||||
22 | "Clear and present danger" has the meaning ascribed to | ||||||
23 | it in Section 1.1 of the Firearm Owners Identification Card | ||||||
24 | Act. | ||||||
25 | "Determined to pose a clear and present danger to | ||||||
26 | himself, herself, or to others by a physician, clinical |
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| |||||||
1 | psychologist, or qualified examiner" means in the | ||||||
2 | professional opinion of the physician, clinical | ||||||
3 | psychologist, or qualified examiner, a person poses a clear | ||||||
4 | and present danger. | ||||||
5 | "School administrator" means the person required to | ||||||
6 | report under the School Administrator Reporting of Mental | ||||||
7 | Health Clear and Present Danger Determinations Law.
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8 | (Source: P.A. 98-63, eff. 7-9-13.) | ||||||
9 | Section 10. The Firearm Owners Identification Card Act is | ||||||
10 | amended by changing Sections 1.1, 2, 3, 3a, and 10 as follows:
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11 | (430 ILCS 65/1.1) (from Ch. 38, par. 83-1.1)
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12 | Sec. 1.1. For purposes of this Act:
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13 | "Addicted to narcotics" means a person who has been: | ||||||
14 | (1) convicted of an offense involving the use or | ||||||
15 | possession of cannabis, a controlled substance, or | ||||||
16 | methamphetamine within the past year; or | ||||||
17 | (2) determined by the Department of State Police to be | ||||||
18 | addicted to narcotics based upon federal law or federal | ||||||
19 | guidelines. | ||||||
20 | "Addicted to narcotics" does not include possession or use | ||||||
21 | of a prescribed controlled substance under the direction and | ||||||
22 | authority of a physician or other person authorized to | ||||||
23 | prescribe the controlled substance when the controlled | ||||||
24 | substance is used in the prescribed manner. |
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1 | "Adjudicated as a mentally disabled person" means the | ||||||
2 | person is the subject of a determination by a court, board, | ||||||
3 | commission or other lawful authority that the person, as a | ||||||
4 | result of marked subnormal intelligence, or mental illness, | ||||||
5 | mental impairment, incompetency, condition, or disease: | ||||||
6 | (1) presents a clear and present danger to himself, | ||||||
7 | herself, or to others; | ||||||
8 | (2) lacks the mental capacity to manage his or her own | ||||||
9 | affairs or is adjudicated a disabled person as defined in | ||||||
10 | Section 11a-2 of the Probate Act of 1975; | ||||||
11 | (3) is not guilty in a criminal case by reason of | ||||||
12 | insanity, mental disease or defect; | ||||||
13 | (3.5) is guilty but mentally ill, as provided in | ||||||
14 | Section 5-2-6 of the Unified Code of Corrections; | ||||||
15 | (4) is incompetent to stand trial in a criminal case; | ||||||
16 | (5) is not guilty by reason of lack of mental | ||||||
17 | responsibility under Articles 50a and 72b of the Uniform | ||||||
18 | Code of Military Justice, 10 U.S.C. 850a, 876b;
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19 | (6) is a sexually violent person under subsection (f) | ||||||
20 | of Section 5 of the Sexually Violent Persons Commitment | ||||||
21 | Act; | ||||||
22 | (7) is a sexually dangerous person under the Sexually | ||||||
23 | Dangerous Persons Act; | ||||||
24 | (8) is unfit to stand trial under the Juvenile Court | ||||||
25 | Act of 1987; | ||||||
26 | (9) is not guilty by reason of insanity under the |
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1 | Juvenile Court Act of 1987; | ||||||
2 | (10) is subject to involuntary admission as an | ||||||
3 | inpatient as defined in Section 1-119 of the Mental Health | ||||||
4 | and Developmental Disabilities Code; | ||||||
5 | (11) is subject to involuntary admission as an | ||||||
6 | outpatient as defined in Section 1-119.1 of the Mental | ||||||
7 | Health and Developmental Disabilities Code; | ||||||
8 | (12) is subject to judicial admission as set forth in | ||||||
9 | Section 4-500 of the Mental Health and Developmental | ||||||
10 | Disabilities Code; or | ||||||
11 | (13) is subject to the provisions of the Interstate | ||||||
12 | Agreements on Sexually Dangerous Persons Act. | ||||||
13 | "Clear and present danger" means a person who: | ||||||
14 | (1) communicates a serious threat of physical violence | ||||||
15 | against a reasonably identifiable victim or poses a clear | ||||||
16 | and imminent risk of serious physical injury to himself, | ||||||
17 | herself, or another person as determined by a physician, | ||||||
18 | clinical psychologist, or qualified examiner; or | ||||||
19 | (2) demonstrates threatening physical or verbal | ||||||
20 | behavior, such as violent, suicidal, or assaultive | ||||||
21 | threats, actions, or other behavior, as determined by a | ||||||
22 | physician, clinical psychologist, qualified examiner, | ||||||
23 | school administrator, or law enforcement official. | ||||||
24 | "Clinical psychologist" has the meaning provided in | ||||||
25 | Section 1-103 of the Mental Health and Developmental | ||||||
26 | Disabilities Code. |
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1 | "Controlled substance" means a controlled substance or | ||||||
2 | controlled substance analog as defined in the Illinois | ||||||
3 | Controlled Substances Act. | ||||||
4 | "Counterfeit" means to copy or imitate, without legal | ||||||
5 | authority, with
intent
to deceive. | ||||||
6 | "Developmentally disabled" means a disability which is | ||||||
7 | attributable to any other condition which results in impairment | ||||||
8 | similar to that caused by an intellectual disability and which | ||||||
9 | requires services similar to those required by intellectually | ||||||
10 | disabled persons. The disability must originate before the age | ||||||
11 | of 18
years, be expected to continue indefinitely, and | ||||||
12 | constitute a substantial disability handicap . | ||||||
13 | This disability results in the professional opinion of a | ||||||
14 | physician, clinical psychologist, or qualified examiner, in | ||||||
15 | significant functional limitations in 3 or more of the | ||||||
16 | following areas of major life activity: | ||||||
17 | (i) self-care; | ||||||
18 | (ii) receptive and expressive language; | ||||||
19 | (iii) learning; | ||||||
20 | (iv) mobility; or | ||||||
21 | (v) self-direction. | ||||||
22 | "Federally licensed firearm dealer" means a person who is | ||||||
23 | licensed as a federal firearms dealer under Section 923 of the | ||||||
24 | federal Gun Control Act of 1968 (18 U.S.C. 923).
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25 | "Firearm" means any device, by
whatever name known, which | ||||||
26 | is designed to expel a projectile or projectiles
by the action |
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1 | of an explosion, expansion of gas or escape of gas; excluding,
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2 | however:
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3 | (1) any pneumatic gun, spring gun, paint ball gun, or | ||||||
4 | B-B gun which
expels a single globular projectile not | ||||||
5 | exceeding .18 inch in
diameter or which has a maximum | ||||||
6 | muzzle velocity of less than 700 feet
per second;
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7 | (1.1) any pneumatic gun, spring gun, paint ball gun, or | ||||||
8 | B-B gun which expels breakable paint balls containing | ||||||
9 | washable marking colors;
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10 | (2) any device used exclusively for signalling or | ||||||
11 | safety and required or
recommended by the United States | ||||||
12 | Coast Guard or the Interstate Commerce
Commission;
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13 | (3) any device used exclusively for the firing of stud | ||||||
14 | cartridges,
explosive rivets or similar industrial | ||||||
15 | ammunition; and
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16 | (4) an antique firearm (other than a machine-gun) | ||||||
17 | which, although
designed as a weapon, the Department of | ||||||
18 | State Police finds by reason of
the date of its | ||||||
19 | manufacture, value, design, and other characteristics is
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20 | primarily a collector's item and is not likely to be used | ||||||
21 | as a weapon.
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22 | "Firearm ammunition" means any self-contained cartridge or | ||||||
23 | shotgun
shell, by whatever name known, which is designed to be | ||||||
24 | used or adaptable to
use in a firearm; excluding, however:
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25 | (1) any ammunition exclusively designed for use with a | ||||||
26 | device used
exclusively for signalling or safety and |
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1 | required or recommended by the
United States Coast Guard or | ||||||
2 | the Interstate Commerce Commission; and
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3 | (2) any ammunition designed exclusively for use with a | ||||||
4 | stud or rivet
driver or other similar industrial | ||||||
5 | ammunition. | ||||||
6 | "Gun show" means an event or function: | ||||||
7 | (1) at which the sale and transfer of firearms is the | ||||||
8 | regular and normal course of business and where 50 or more | ||||||
9 | firearms are displayed, offered, or exhibited for sale, | ||||||
10 | transfer, or exchange; or | ||||||
11 | (2) at which not less than 10 gun show vendors display, | ||||||
12 | offer, or exhibit for sale, sell, transfer, or exchange | ||||||
13 | firearms.
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14 | "Gun show" includes the entire premises provided for an | ||||||
15 | event or function, including parking areas for the event or | ||||||
16 | function, that is sponsored to facilitate the purchase, sale, | ||||||
17 | transfer, or exchange of firearms as described in this Section.
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18 | Nothing in this definition shall be construed to exclude a gun | ||||||
19 | show held in conjunction with competitive shooting events at | ||||||
20 | the World Shooting Complex sanctioned by a national governing | ||||||
21 | body in which the sale or transfer of firearms is authorized | ||||||
22 | under subparagraph (5) of paragraph (g) of subsection (A) of | ||||||
23 | Section 24-3 of the Criminal Code of 2012. | ||||||
24 | Unless otherwise expressly stated, "gun show" "Gun show" | ||||||
25 | does not include training or safety classes, competitive | ||||||
26 | shooting events, such as rifle, shotgun, or handgun matches, |
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1 | trap, skeet, or sporting clays shoots, dinners, banquets, | ||||||
2 | raffles, or
any other event where the sale or transfer of | ||||||
3 | firearms is not the primary course of business. | ||||||
4 | "Gun show promoter" means a person who organizes or | ||||||
5 | operates a gun show. | ||||||
6 | "Gun show vendor" means a person who exhibits, sells, | ||||||
7 | offers for sale, transfers, or exchanges any firearms at a gun | ||||||
8 | show, regardless of whether the person arranges with a gun show | ||||||
9 | promoter for a fixed location from which to exhibit, sell, | ||||||
10 | offer for sale, transfer, or exchange any firearm. | ||||||
11 | "Intellectually disabled" means significantly subaverage | ||||||
12 | general intellectual functioning which exists concurrently | ||||||
13 | with impairment in adaptive behavior and which originates | ||||||
14 | before the age of 18 years. | ||||||
15 | "Involuntarily admitted" has the meaning as prescribed in | ||||||
16 | Sections 1-119 and 1-119.1 of the Mental Health and | ||||||
17 | Developmental Disabilities Code. | ||||||
18 | "Mental health facility" means any licensed private | ||||||
19 | hospital or hospital affiliate, institution, or facility, or | ||||||
20 | part thereof, and any facility, or part thereof, operated by | ||||||
21 | the State or a political subdivision thereof which provide | ||||||
22 | treatment of persons with mental illness and includes all | ||||||
23 | hospitals, institutions, clinics, evaluation facilities, | ||||||
24 | mental health centers, colleges, universities, long-term care | ||||||
25 | facilities, and nursing homes, or parts thereof, which provide | ||||||
26 | treatment of persons with mental illness whether or not the |
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1 | primary purpose is to provide treatment of persons with mental | ||||||
2 | illness. | ||||||
3 | "National governing body" means a group of persons who | ||||||
4 | adopt rules and formulate policy on behalf of a national | ||||||
5 | firearm sporting organization. | ||||||
6 | "Patient" means: | ||||||
7 | (1) a person who voluntarily receives mental health | ||||||
8 | treatment as an in-patient or resident of any public or | ||||||
9 | private mental health facility, unless the treatment was | ||||||
10 | solely for an alcohol abuse disorder and no other secondary | ||||||
11 | substance abuse disorder or mental illness; or | ||||||
12 | (2) a person who voluntarily receives mental health | ||||||
13 | treatment as an out-patient or is provided services by a | ||||||
14 | public or private mental health facility, and who poses a | ||||||
15 | clear and present danger to himself, herself, or to others. | ||||||
16 | "Physician" has the meaning as defined in Section 1-120 of | ||||||
17 | the Mental Health and Developmental Disabilities Code. | ||||||
18 | "Qualified examiner" has the meaning provided in Section | ||||||
19 | 1-122 of the Mental Health and Developmental Disabilities Code. | ||||||
20 | "Sanctioned competitive shooting event" means a shooting | ||||||
21 | contest officially recognized by a national or state shooting | ||||||
22 | sport association, and includes any sight-in or practice | ||||||
23 | conducted in conjunction with the event.
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24 | "School administrator" means the person required to report | ||||||
25 | under the School Administrator Reporting of Mental Health Clear | ||||||
26 | and Present Danger Determinations Law. |
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1 | "Stun gun or taser" has the meaning ascribed to it in | ||||||
2 | Section 24-1 of the Criminal Code of 2012. | ||||||
3 | (Source: P.A. 97-776, eff. 7-13-12; 97-1150, eff. 1-25-13; | ||||||
4 | 97-1167, eff. 6-1-13; 98-63, eff. 7-9-13.)
| ||||||
5 | (430 ILCS 65/2) (from Ch. 38, par. 83-2)
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6 | Sec. 2. Firearm Owner's Identification Card required; | ||||||
7 | exceptions.
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8 | (a) (1) No person may acquire or possess any firearm, stun | ||||||
9 | gun, or taser within this State
without having in his or | ||||||
10 | her possession a Firearm Owner's Identification Card
| ||||||
11 | previously issued in his or her name by the Department of | ||||||
12 | State Police under
the provisions of this Act.
| ||||||
13 | (2) No person may acquire or possess firearm ammunition | ||||||
14 | within this
State without having in his or her possession a | ||||||
15 | Firearm Owner's Identification
Card previously issued in | ||||||
16 | his or her name by the Department of State Police
under the | ||||||
17 | provisions of this Act.
| ||||||
18 | (b) The provisions of this Section regarding the possession | ||||||
19 | of firearms, firearm ammunition, stun guns, and tasers do not | ||||||
20 | apply to:
| ||||||
21 | (1) United States Marshals, while engaged in the | ||||||
22 | operation of their
official duties;
| ||||||
23 | (2) Members of the Armed Forces of the United States or | ||||||
24 | the National
Guard, while engaged in the operation of their | ||||||
25 | official duties;
|
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| |||||||
1 | (3) Federal officials required to carry firearms, | ||||||
2 | while engaged in the
operation of their official duties;
| ||||||
3 | (4) Members of bona fide veterans organizations which | ||||||
4 | receive firearms
directly from the armed forces of the | ||||||
5 | United States, while using the
firearms for ceremonial | ||||||
6 | purposes with blank ammunition;
| ||||||
7 | (5) Nonresident hunters during hunting season, with | ||||||
8 | valid nonresident
hunting licenses and while in an area | ||||||
9 | where hunting is permitted; however,
at all other times and | ||||||
10 | in all other places these persons must have their
firearms | ||||||
11 | unloaded and enclosed in a case;
| ||||||
12 | (6) Those hunters exempt from obtaining a hunting | ||||||
13 | license who are
required to submit their Firearm Owner's | ||||||
14 | Identification Card when hunting
on Department of Natural | ||||||
15 | Resources owned or managed sites;
| ||||||
16 | (7) Nonresidents while on a firing or shooting range | ||||||
17 | recognized by the
Department of State Police; however, | ||||||
18 | these persons must at all other times
and in all other | ||||||
19 | places have their firearms unloaded and enclosed in a case;
| ||||||
20 | (8) Nonresidents while at a firearm showing or display | ||||||
21 | recognized by
the Department of State Police; however, at | ||||||
22 | all other times and in all
other places these persons must | ||||||
23 | have their firearms unloaded and enclosed
in a case;
| ||||||
24 | (9) Nonresidents whose firearms are unloaded and | ||||||
25 | enclosed in a case;
| ||||||
26 | (10) Nonresidents who are currently licensed or |
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| |||||||
1 | registered to possess a
firearm in their resident state;
| ||||||
2 | (11) Unemancipated minors while in the custody and | ||||||
3 | immediate control of
their parent or legal guardian or | ||||||
4 | other person in loco parentis to the
minor if the parent or | ||||||
5 | legal guardian or other person in loco parentis to
the | ||||||
6 | minor has a currently valid Firearm Owner's Identification
| ||||||
7 | Card;
| ||||||
8 | (12) Color guards of bona fide veterans organizations | ||||||
9 | or members of bona
fide American Legion bands while using | ||||||
10 | firearms for ceremonial purposes
with blank ammunition;
| ||||||
11 | (13) Nonresident hunters whose state of residence does | ||||||
12 | not require
them to be licensed or registered to possess a | ||||||
13 | firearm and only during
hunting season, with valid hunting | ||||||
14 | licenses, while accompanied by, and
using a firearm owned | ||||||
15 | by, a person who possesses a valid Firearm Owner's
| ||||||
16 | Identification Card and while in an area within a | ||||||
17 | commercial club licensed
under the Wildlife Code where | ||||||
18 | hunting is permitted and controlled, but in
no instance | ||||||
19 | upon sites owned or managed by the Department of Natural
| ||||||
20 | Resources;
| ||||||
21 | (14) Resident hunters who are properly authorized to | ||||||
22 | hunt and,
while accompanied by a person who possesses a | ||||||
23 | valid Firearm Owner's
Identification Card, hunt in an area | ||||||
24 | within a commercial club licensed
under the Wildlife Code | ||||||
25 | where hunting is permitted and controlled;
| ||||||
26 | (15) A person who is otherwise eligible to obtain a |
| |||||||
| |||||||
1 | Firearm Owner's
Identification Card under this Act and is | ||||||
2 | under the direct supervision of a
holder of a Firearm
| ||||||
3 | Owner's Identification Card who is 21 years of age or older | ||||||
4 | while the person is
on a firing or shooting range
or is a
| ||||||
5 | participant in a firearms safety and training course | ||||||
6 | recognized by a law
enforcement agency or a national, | ||||||
7 | statewide shooting sports organization; and
| ||||||
8 | (16) Competitive shooting athletes whose competition | ||||||
9 | firearms are sanctioned by the International Olympic | ||||||
10 | Committee, the International Paralympic Committee, the | ||||||
11 | International Shooting Sport Federation, or USA Shooting | ||||||
12 | in connection with such athletes' training for and | ||||||
13 | participation in shooting competitions at the 2016 Olympic | ||||||
14 | and Paralympic Games and sanctioned test events leading up | ||||||
15 | to the 2016 Olympic and Paralympic Games. | ||||||
16 | (c) The provisions of this Section regarding the | ||||||
17 | acquisition and possession
of firearms, firearm ammunition, | ||||||
18 | stun guns, and tasers do not apply to law enforcement officials
| ||||||
19 | of this or any other jurisdiction, while engaged in the | ||||||
20 | operation of their
official duties.
| ||||||
21 | (c-5) The provisions of paragraphs (1) and (2) of | ||||||
22 | subsection (a) of this Section regarding the possession of | ||||||
23 | firearms
and firearm ammunition do not apply to the holder of a | ||||||
24 | valid concealed carry
license issued under the Firearm | ||||||
25 | Concealed Carry Act who is in physical
possession of the | ||||||
26 | concealed carry license. |
| |||||||
| |||||||
1 | (d) Any person who becomes a resident of this State, who is | ||||||
2 | not otherwise prohibited from obtaining, possessing, or using a | ||||||
3 | firearm or firearm ammunition, shall not be required to have a | ||||||
4 | Firearm Owner's Identification Card to possess firearms or | ||||||
5 | firearms ammunition until 60 calendar days after he or she | ||||||
6 | obtains an Illinois driver's license or Illinois | ||||||
7 | Identification Card. | ||||||
8 | (Source: P.A. 96-7, eff. 4-3-09; 97-1131, eff. 1-1-13.)
| ||||||
9 | (430 ILCS 65/3) (from Ch. 38, par. 83-3) | ||||||
10 | Sec. 3. (a) Except as provided in Section 3a, no person may | ||||||
11 | knowingly
transfer, or cause to be transferred, any firearm, | ||||||
12 | firearm ammunition, stun gun, or taser to any person within | ||||||
13 | this State unless the
transferee with whom he deals displays | ||||||
14 | either: (1) a currently valid Firearm Owner's
Identification | ||||||
15 | Card which has previously been issued in his or her name by the
| ||||||
16 | Department of State Police under the provisions of this Act ; or | ||||||
17 | (2) a currently valid license to carry a concealed firearm | ||||||
18 | which has previously been issued in his or her name by the
| ||||||
19 | Department of State Police under the Firearm Concealed Carry | ||||||
20 | Act . In addition,
all firearm, stun gun, and taser transfers by | ||||||
21 | federally licensed firearm dealers are subject
to Section 3.1. | ||||||
22 | (a-5) Any person who is not a federally licensed firearm | ||||||
23 | dealer and who desires to transfer or sell a firearm while that | ||||||
24 | person is on the grounds of a gun show must, before selling or | ||||||
25 | transferring the firearm, request the Department of State |
| |||||||
| |||||||
1 | Police to conduct a background check on the prospective | ||||||
2 | recipient of the firearm in accordance with Section 3.1.
| ||||||
3 | (a-10) Notwithstanding item (2) of subsection (a) of this | ||||||
4 | Section, any Any person who is not a federally licensed firearm | ||||||
5 | dealer and who desires to transfer or sell a firearm or | ||||||
6 | firearms to any person who is not a federally licensed firearm | ||||||
7 | dealer shall, before selling or transferring the firearms, | ||||||
8 | contact the Department of State Police with the transferee's or | ||||||
9 | purchaser's Firearm Owner's Identification Card number to | ||||||
10 | determine the validity of the transferee's or purchaser's | ||||||
11 | Firearm Owner's Identification Card. This subsection shall not | ||||||
12 | be effective until January 1, 2014. The Department of State | ||||||
13 | Police may adopt rules concerning the implementation of this | ||||||
14 | subsection. The Department of State Police shall provide the | ||||||
15 | seller or transferor an approval number if the purchaser's | ||||||
16 | Firearm Owner's Identification Card is valid. Approvals issued | ||||||
17 | by the Department for the purchase of a firearm pursuant to | ||||||
18 | this subsection are valid for 30 days from the date of issue. | ||||||
19 | (a-15) The provisions of subsection (a-10) of this Section | ||||||
20 | do not apply to: | ||||||
21 | (1) transfers that occur at the place of business of a | ||||||
22 | federally licensed firearm dealer, if the federally | ||||||
23 | licensed firearm dealer conducts a background check on the | ||||||
24 | prospective recipient of the firearm in accordance with | ||||||
25 | Section 3.1 of this Act and follows all other applicable | ||||||
26 | federal, State, and local laws as if he or she were the |
| |||||||
| |||||||
1 | seller or transferor of the firearm, although the dealer is | ||||||
2 | not required to accept the firearm into his or her | ||||||
3 | inventory. The purchaser or transferee may be required by | ||||||
4 | the federally licensed firearm dealer to pay a fee not to | ||||||
5 | exceed $10 per firearm, which the dealer may retain as | ||||||
6 | compensation for performing the functions required under | ||||||
7 | this paragraph, plus the applicable fees authorized by | ||||||
8 | Section 3.1; | ||||||
9 | (2) transfers as a bona fide gift to the transferor's | ||||||
10 | husband, wife, son, daughter, stepson, stepdaughter, | ||||||
11 | father, mother, stepfather, stepmother, brother, sister, | ||||||
12 | nephew, niece, uncle, aunt, grandfather, grandmother, | ||||||
13 | grandson, granddaughter, father-in-law, mother-in-law, | ||||||
14 | son-in-law, or daughter-in-law; | ||||||
15 | (3) transfers by persons acting pursuant to operation | ||||||
16 | of law or a court order; | ||||||
17 | (4) transfers on the grounds of a gun show under | ||||||
18 | subsection (a-5) of this Section; | ||||||
19 | (5) the delivery of a firearm by its owner to a | ||||||
20 | gunsmith for service or repair, the return of the firearm | ||||||
21 | to its owner by the gunsmith, or the delivery of a firearm | ||||||
22 | by a gunsmith to a federally licensed firearms dealer for | ||||||
23 | service or repair and the return of the firearm to the | ||||||
24 | gunsmith; | ||||||
25 | (6) temporary transfers that occur while in the home of | ||||||
26 | the unlicensed transferee, if the unlicensed transferee is |
| |||||||
| |||||||
1 | not otherwise prohibited from possessing firearms and the | ||||||
2 | unlicensed transferee reasonably believes that possession | ||||||
3 | of the firearm is necessary to prevent imminent death or | ||||||
4 | great bodily harm to the unlicensed transferee; | ||||||
5 | (7) transfers to a law enforcement or corrections | ||||||
6 | agency or a law enforcement or corrections officer acting | ||||||
7 | within the course and scope of his or her official duties; | ||||||
8 | (8) transfers of firearms that have been rendered | ||||||
9 | permanently inoperable to a nonprofit historical society, | ||||||
10 | museum, or institutional collection; and | ||||||
11 | (9) transfers to a person who is exempt from the | ||||||
12 | requirement of possessing a Firearm Owner's Identification | ||||||
13 | Card under Section 2 of this Act. | ||||||
14 | (a-20) The Department of State Police shall develop an | ||||||
15 | Internet-based system for individuals to determine the | ||||||
16 | validity of a Firearm Owner's Identification Card prior to the | ||||||
17 | sale or transfer of a firearm. The Department shall have the | ||||||
18 | Internet-based system completed and available for use by July | ||||||
19 | 1, 2015. The Department shall adopt rules not inconsistent with | ||||||
20 | this Section to implement this system. | ||||||
21 | (b) Any person within this State who transfers or causes to | ||||||
22 | be
transferred any firearm, stun gun, or taser shall keep a | ||||||
23 | record of such transfer for a period
of 10 years from the date | ||||||
24 | of transfer. Such record shall contain the date
of the | ||||||
25 | transfer; the description, serial number or other information
| ||||||
26 | identifying the firearm, stun gun, or taser if no serial number |
| |||||||
| |||||||
1 | is available; and, if the
transfer was completed within this | ||||||
2 | State, the transferee's Firearm Owner's
Identification Card | ||||||
3 | number and any approval number or documentation provided by the | ||||||
4 | Department of State Police pursuant to subsection (a-10) of | ||||||
5 | this Section. On or after January 1, 2006, the record shall | ||||||
6 | contain the date of application for transfer of the firearm. On | ||||||
7 | demand of a peace officer such transferor
shall produce for | ||||||
8 | inspection such record of transfer. If the transfer or sale | ||||||
9 | took place at a gun show, the record shall include the unique | ||||||
10 | identification number. Failure to record the unique | ||||||
11 | identification number or approval number is a petty offense.
| ||||||
12 | (b-5) Any resident may purchase ammunition from a person | ||||||
13 | within or outside of Illinois if shipment is by United States | ||||||
14 | mail or by a private express carrier authorized by federal law | ||||||
15 | to ship ammunition. Any resident purchasing ammunition within | ||||||
16 | or outside the State of Illinois must provide the seller with a | ||||||
17 | copy of his or her valid Firearm Owner's Identification Card or | ||||||
18 | valid concealed carry license and either his or her Illinois | ||||||
19 | driver's license or Illinois State Identification Card prior to | ||||||
20 | the shipment of the ammunition. The ammunition may be shipped | ||||||
21 | only to an address on either of those 2 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. 97-1135, eff. 12-4-12; 98-508, eff. 8-19-13.)
|
| |||||||
| |||||||
1 | (430 ILCS 65/3a) (from Ch. 38, par. 83-3a)
| ||||||
2 | Sec. 3a. (a) Any resident of Illinois who has obtained a | ||||||
3 | firearm
owner's identification card pursuant to this Act and | ||||||
4 | who is not otherwise
prohibited from obtaining, possessing or | ||||||
5 | using a firearm may purchase or
obtain a rifle or shotgun or | ||||||
6 | ammunition for a rifle or shotgun in Iowa,
Missouri, Indiana, | ||||||
7 | Wisconsin or Kentucky.
| ||||||
8 | (b) Any resident of Iowa, Missouri, Indiana, Wisconsin or | ||||||
9 | Kentucky
or a
non-resident with a valid non-resident hunting | ||||||
10 | license, who
is 18 years of age or older and who is not | ||||||
11 | prohibited by the laws of
Illinois, the state of his domicile, | ||||||
12 | or the United States from obtaining,
possessing or using a | ||||||
13 | firearm, may purchase or obtain a rifle,
shotgun or
ammunition | ||||||
14 | for a rifle or shotgun in Illinois.
| ||||||
15 | (b-5) Any non-resident who is participating in a sanctioned | ||||||
16 | competitive
shooting
event, who is 18 years of age or older and | ||||||
17 | who is not prohibited by the laws of
Illinois,
the state of his | ||||||
18 | or her domicile, or the United States from obtaining,
| ||||||
19 | possessing, or using
a firearm, may purchase or obtain a | ||||||
20 | shotgun or shotgun ammunition in Illinois
for the
purpose of | ||||||
21 | participating in that event. A person may purchase or obtain a
| ||||||
22 | shotgun or
shotgun ammunition under this subsection only at the | ||||||
23 | site where the sanctioned
competitive shooting event is being | ||||||
24 | held.
| ||||||
25 | (b-10) Any non-resident registered competitor or attendee | ||||||
26 | of a competitive shooting
event held at the World Shooting |
| |||||||
| |||||||
1 | Complex sanctioned by a national governing
body, who is not | ||||||
2 | prohibited by the laws of Illinois, the state of his or her
| ||||||
3 | domicile, or the United States from obtaining, possessing, or | ||||||
4 | using a firearm
may purchase or obtain a rifle, shotgun, or | ||||||
5 | other long gun or ammunition for
a rifle, shotgun, or other | ||||||
6 | long gun at the competitive shooting event. The
sanctioning | ||||||
7 | body shall provide a list of registered competitors and | ||||||
8 | attendees as required
under subparagraph (5) of paragraph (g) | ||||||
9 | of subsection (A) of Section 24-3 of the Criminal Code of 2012. | ||||||
10 | A competitor or attendee of a competitive shooting event who | ||||||
11 | does not wish to
purchase a firearm at the event is not | ||||||
12 | required to register or have his or her name
appear on a list | ||||||
13 | of registered competitors and attendees provided to the | ||||||
14 | Department of State
Police by the sanctioning body. | ||||||
15 | (c) Any transaction under this Section is subject to the | ||||||
16 | provisions of
the Gun Control Act of 1968 (18 U.S.C. 922 | ||||||
17 | (b)(3)).
| ||||||
18 | (Source: P.A. 94-353, eff. 7-29-05.)
| ||||||
19 | (430 ILCS 65/10) (from Ch. 38, par. 83-10)
| ||||||
20 | Sec. 10. Appeal to director; hearing; relief from firearm | ||||||
21 | prohibitions. | ||||||
22 | (a) Whenever an application for a Firearm Owner's | ||||||
23 | Identification
Card is denied, whenever the Department fails to | ||||||
24 | act on an application
within 30 days of its receipt, or | ||||||
25 | whenever such a Card is revoked or seized
as provided for in |
| |||||||
| |||||||
1 | Section 8 of this Act, the aggrieved party may
appeal
to the | ||||||
2 | Director of State Police for a hearing upon
such denial, | ||||||
3 | revocation or seizure, unless the denial, revocation, or | ||||||
4 | seizure
was based upon a forcible felony, stalking, aggravated | ||||||
5 | stalking, domestic
battery, any violation of the Illinois | ||||||
6 | Controlled Substances Act, the Methamphetamine Control and | ||||||
7 | Community Protection Act, or the
Cannabis Control Act that is | ||||||
8 | classified as a Class 2 or greater felony,
any
felony violation | ||||||
9 | of Article 24 of the Criminal Code of 1961 or the Criminal Code | ||||||
10 | of 2012, or any
adjudication as a delinquent minor for the | ||||||
11 | commission of an
offense that if committed by an adult would be | ||||||
12 | a felony, in which case the
aggrieved party may petition the | ||||||
13 | circuit court in writing in the county of
his or her residence | ||||||
14 | for a hearing upon such denial, revocation, or seizure.
| ||||||
15 | (b) At least 30 days before any hearing in the circuit | ||||||
16 | court, the
petitioner shall serve the
relevant State's Attorney | ||||||
17 | with a copy of the petition. The State's Attorney
may object to | ||||||
18 | the petition and present evidence. At the hearing the court
| ||||||
19 | shall
determine whether substantial justice has been done. | ||||||
20 | Should the court
determine that substantial justice has not | ||||||
21 | been done, the court shall issue an
order directing the | ||||||
22 | Department of State Police to issue a Card. However, the court | ||||||
23 | shall not issue the order if the petitioner is otherwise | ||||||
24 | prohibited from obtaining, possessing, or using a firearm under
| ||||||
25 | federal law.
| ||||||
26 | (c) Any person prohibited from possessing a firearm under |
| |||||||
| |||||||
1 | Sections 24-1.1
or 24-3.1 of the Criminal Code of 2012 or | ||||||
2 | acquiring a Firearm Owner's
Identification Card under Section 8 | ||||||
3 | of this Act may apply to
the Director
of State Police
or | ||||||
4 | petition the circuit court in the county where the petitioner | ||||||
5 | resides,
whichever is applicable in accordance with subsection | ||||||
6 | (a) of this Section,
requesting relief
from such prohibition | ||||||
7 | and the Director or court may grant such relief if it
is
| ||||||
8 | established by the applicant to the court's or Director's | ||||||
9 | satisfaction
that:
| ||||||
10 | (0.05) when in the circuit court, the State's Attorney | ||||||
11 | has been served
with a written
copy of the
petition at | ||||||
12 | least 30 days before any such hearing in the circuit court | ||||||
13 | and at
the hearing the
State's Attorney was afforded an | ||||||
14 | opportunity to present evidence and object to
the petition;
| ||||||
15 | (1) the applicant has not been convicted of a forcible | ||||||
16 | felony under the
laws of this State or any other | ||||||
17 | jurisdiction within 20 years of the
applicant's | ||||||
18 | application for a Firearm Owner's Identification Card, or | ||||||
19 | at
least 20 years have passed since the end of any period | ||||||
20 | of imprisonment
imposed in relation to that conviction;
| ||||||
21 | (2) the circumstances regarding a criminal conviction, | ||||||
22 | where applicable,
the applicant's criminal history and his | ||||||
23 | reputation are such that the applicant
will not be likely | ||||||
24 | to act in a manner dangerous to public safety;
| ||||||
25 | (3) granting relief would not be contrary to the public | ||||||
26 | interest; and |
| |||||||
| |||||||
1 | (4) granting relief would not be contrary to federal | ||||||
2 | law.
| ||||||
3 | (c-5) (1) An active law enforcement officer employed by a | ||||||
4 | unit of government, who is denied, revoked, or has his or her | ||||||
5 | Firearm Owner's Identification Card seized under subsection | ||||||
6 | (e) of Section 8 of this Act may apply to the Director of State | ||||||
7 | Police requesting relief if the officer did not act in a manner | ||||||
8 | threatening to the officer, another person, or the public as | ||||||
9 | determined by the treating clinical psychologist or physician, | ||||||
10 | and as a result of his or her work is referred by the employer | ||||||
11 | for or voluntarily seeks mental health evaluation or treatment | ||||||
12 | by a licensed clinical psychologist, psychiatrist, or | ||||||
13 | qualified examiner, and: | ||||||
14 | (A) the officer has not received treatment | ||||||
15 | involuntarily at a mental health facility, regardless of | ||||||
16 | the length of admission; or has not been voluntarily | ||||||
17 | admitted to a mental health facility for more than 30 days | ||||||
18 | and not for more than one incident within the past 5 years; | ||||||
19 | and | ||||||
20 | (B) the officer has not left the mental institution | ||||||
21 | against medical advice. | ||||||
22 | (2) The Director of State Police shall grant expedited | ||||||
23 | relief to active law enforcement officers described in | ||||||
24 | paragraph (1) of this subsection (c-5) upon a determination by | ||||||
25 | the Director that the officer's possession of a firearm does | ||||||
26 | not present a threat to themselves, others, or public safety. |
| |||||||
| |||||||
1 | The Director shall act on the request for relief within 30 | ||||||
2 | business days of receipt of: | ||||||
3 | (A) a notarized statement from the officer in the form | ||||||
4 | prescribed by the Director detailing the circumstances | ||||||
5 | that led to the hospitalization; | ||||||
6 | (B) all documentation regarding the admission, | ||||||
7 | evaluation, treatment and discharge from the treating | ||||||
8 | licensed clinical psychologist or psychiatrist of the | ||||||
9 | officer; | ||||||
10 | (C) a psychological fitness for duty evaluation of the | ||||||
11 | person completed after the time of discharge; and | ||||||
12 | (D) written confirmation in the form prescribed by the | ||||||
13 | Director from the treating licensed clinical psychologist | ||||||
14 | or psychiatrist that the provisions set forth in paragraph | ||||||
15 | (1) of this subsection (c-5) have been met, the person | ||||||
16 | successfully completed treatment, and their professional | ||||||
17 | opinion regarding the person's ability to possess | ||||||
18 | firearms. | ||||||
19 | (3) Officers eligible for the expedited relief in paragraph | ||||||
20 | (2) of this subsection (c-5) have the burden of proof on | ||||||
21 | eligibility and must provide all information required. The | ||||||
22 | Director may not consider granting expedited relief until the | ||||||
23 | proof and information is received. | ||||||
24 | (4) "Clinical psychologist", "psychiatrist", and | ||||||
25 | "qualified examiner" shall have the same meaning as provided in | ||||||
26 | Chapter I 1 of the Mental Health and Developmental Disabilities |
| |||||||
| |||||||
1 | Code. | ||||||
2 | (c-10) (1) An applicant, who is denied, revoked, or has his | ||||||
3 | or her Firearm Owner's Identification Card seized under | ||||||
4 | subsection (e) of Section 8 of this Act based upon a | ||||||
5 | determination of a developmental disability or an intellectual | ||||||
6 | disability may apply to the Director of State Police requesting | ||||||
7 | relief. | ||||||
8 | (2) The Director shall act on the request for relief within | ||||||
9 | 60 business days of receipt of written certification, in the | ||||||
10 | form prescribed by the Director, from a physician or clinical | ||||||
11 | psychologist, or qualified examiner, that the aggrieved | ||||||
12 | party's developmental disability or intellectual disability | ||||||
13 | condition is determined by a physician, clinical psychologist, | ||||||
14 | or qualified to be mild. If a fact-finding conference is | ||||||
15 | scheduled to obtain additional information concerning the | ||||||
16 | circumstances of the denial or revocation, the 60 business days | ||||||
17 | the Director has to act shall be tolled until the completion of | ||||||
18 | the fact-finding conference. | ||||||
19 | (3) The Director may grant relief if the aggrieved party's | ||||||
20 | developmental disability or intellectual disability is mild as | ||||||
21 | determined by a physician, clinical psychologist, or qualified | ||||||
22 | examiner and it is established by the applicant to the | ||||||
23 | Director's satisfaction that: | ||||||
24 | (A) granting relief would not be contrary to the public | ||||||
25 | interest; and | ||||||
26 | (B) granting relief would not be contrary to federal |
| |||||||
| |||||||
1 | law. | ||||||
2 | (4) The Director may not grant relief if the condition is | ||||||
3 | determined by a physician, clinical psychologist, or qualified | ||||||
4 | examiner to be moderate, severe, or profound. | ||||||
5 | (5) The changes made to this Section by this amendatory Act | ||||||
6 | of the 99th General Assembly apply to requests for
relief | ||||||
7 | pending on or before the effective date of this amendatory Act, | ||||||
8 | except that the 60-day period for the Director to act on | ||||||
9 | requests pending before the effective date shall begin
on the | ||||||
10 | effective date of this amendatory Act. | ||||||
11 | (d) When a minor is adjudicated delinquent for an offense | ||||||
12 | which if
committed by an adult would be a felony, the court | ||||||
13 | shall notify the Department
of State Police.
| ||||||
14 | (e) The court shall review the denial of an application or | ||||||
15 | the revocation of
a Firearm Owner's Identification Card of a | ||||||
16 | person who has been adjudicated
delinquent for an offense that | ||||||
17 | if
committed by an adult would be a felony if an
application | ||||||
18 | for relief has been filed at least 10 years after the | ||||||
19 | adjudication
of delinquency and the court determines that the | ||||||
20 | applicant should be
granted relief from disability to obtain a | ||||||
21 | Firearm Owner's Identification Card.
If the court grants | ||||||
22 | relief, the court shall notify the Department of State
Police | ||||||
23 | that the disability has
been removed and that the applicant is | ||||||
24 | eligible to obtain a Firearm Owner's
Identification Card.
| ||||||
25 | (f) Any person who is subject to the disabilities of 18 | ||||||
26 | U.S.C. 922(d)(4) and 922(g)(4) of the federal Gun Control Act |
| |||||||
| |||||||
1 | of 1968 because of an adjudication or commitment that occurred | ||||||
2 | under the laws of this State or who was determined to be | ||||||
3 | subject to the provisions of subsections (e), (f), or (g) of | ||||||
4 | Section 8 of this Act may apply to the Department of State | ||||||
5 | Police requesting relief from that prohibition. The Director | ||||||
6 | shall grant the relief if it is established by a preponderance | ||||||
7 | of the evidence that the person will not be likely to act in a | ||||||
8 | manner dangerous to public safety and that granting relief | ||||||
9 | would not be contrary to the public interest. In making this | ||||||
10 | determination, the Director shall receive evidence concerning | ||||||
11 | (i) the circumstances regarding the firearms disabilities from | ||||||
12 | which relief is sought; (ii) the petitioner's mental health and | ||||||
13 | criminal history records, if any; (iii) the petitioner's | ||||||
14 | reputation, developed at a minimum through character witness | ||||||
15 | statements, testimony, or other character evidence; and (iv) | ||||||
16 | changes in the petitioner's condition or circumstances since | ||||||
17 | the disqualifying events relevant to the relief sought. If | ||||||
18 | relief is granted under this subsection or by order of a court | ||||||
19 | under this Section, the Director shall as soon as practicable | ||||||
20 | but in no case later than 15 business days, update, correct, | ||||||
21 | modify, or remove the person's record in any database that the | ||||||
22 | Department of State Police makes available to the National | ||||||
23 | Instant Criminal Background Check System and notify the United | ||||||
24 | States Attorney General that the basis for the record being | ||||||
25 | made available no longer applies. The Department of State | ||||||
26 | Police shall adopt rules for the administration of this |
| |||||||
| |||||||
1 | Section. | ||||||
2 | (Source: P.A. 97-1131, eff. 1-1-13; 97-1150, eff. 1-25-13; | ||||||
3 | 97-1167, eff. 6-1-13; 98-63, eff. 7-9-13; revised 12-10-14.)
| ||||||
4 | Section 15. The Firearm Concealed Carry Act is amended by | ||||||
5 | changing Sections 10, 30, 55, and 65 as follows: | ||||||
6 | (430 ILCS 66/10)
| ||||||
7 | Sec. 10. Issuance of licenses to carry a concealed firearm. | ||||||
8 | (a) The Department shall issue a license to carry a | ||||||
9 | concealed firearm under this Act to an applicant who: | ||||||
10 | (1) meets the qualifications of Section 25 of this Act; | ||||||
11 | (2) has provided the application and documentation | ||||||
12 | required in Section 30 of this Act; | ||||||
13 | (3) has submitted the requisite fees; and | ||||||
14 | (4) does not pose a danger to himself, herself, or | ||||||
15 | others, or a threat to public safety as determined by the | ||||||
16 | Concealed Carry Licensing Review Board in accordance with | ||||||
17 | Section 20. | ||||||
18 | (b) The Department shall issue a renewal, corrected, or | ||||||
19 | duplicate license as provided in this Act. | ||||||
20 | (c) A license shall be valid throughout the State for a | ||||||
21 | period of 5 years from the date of issuance. A license shall | ||||||
22 | permit the licensee to: | ||||||
23 | (1) carry a loaded or unloaded concealed firearm, fully | ||||||
24 | concealed or partially concealed, on or about his or her |
| |||||||
| |||||||
1 | person; and
| ||||||
2 | (2) keep or carry a loaded or unloaded concealed | ||||||
3 | firearm on or about his or her person within a vehicle. | ||||||
4 | (d) The Department shall make applications for a license | ||||||
5 | available no later than 180 days after the effective date of | ||||||
6 | this Act. The Department shall establish rules for the | ||||||
7 | availability and submission of applications in accordance with | ||||||
8 | this Act. | ||||||
9 | (e) An application for a license submitted to the | ||||||
10 | Department that contains all the information and materials | ||||||
11 | required by this Act, including the requisite fee, shall be | ||||||
12 | deemed completed. Except as otherwise provided in this Act, no | ||||||
13 | later than 90 days after receipt of a completed application, | ||||||
14 | the Department shall issue or deny the applicant a license. | ||||||
15 | (f) The Department shall deny the applicant a license if | ||||||
16 | the applicant fails to meet the requirements under this Act or | ||||||
17 | the Department receives a determination from the Board that the | ||||||
18 | applicant is ineligible for a license. The Department must | ||||||
19 | notify the applicant stating the grounds for the denial. The | ||||||
20 | notice of denial must inform the applicant of his or her right | ||||||
21 | to an appeal through administrative and judicial review. | ||||||
22 | (g) A licensee shall possess a license at all times the | ||||||
23 | licensee carries a concealed firearm except: | ||||||
24 | (1) when the licensee is carrying or possessing a | ||||||
25 | concealed firearm on his or her land or in his or her | ||||||
26 | abode, legal dwelling, or fixed place of business, or on |
| |||||||
| |||||||
1 | the land or in the legal dwelling of another person as an | ||||||
2 | invitee with that person's permission; | ||||||
3 | (2) when the person is authorized to carry a firearm | ||||||
4 | under Section 24-2 of the Criminal Code of 2012, except | ||||||
5 | subsection (a-5) of that Section; or | ||||||
6 | (3) when the handgun is broken down in a | ||||||
7 | non-functioning state, is not immediately accessible, or | ||||||
8 | is unloaded and enclosed in a case. | ||||||
9 | (h) If an officer of a law enforcement agency initiates an | ||||||
10 | investigative stop, including but not limited to a traffic | ||||||
11 | stop, of a licensee or a non-resident carrying a concealed | ||||||
12 | firearm under subsection (e) of
Section 40 of this Act, upon | ||||||
13 | the request of the officer the licensee or non-resident shall | ||||||
14 | disclose to the officer that he or she is in possession of a | ||||||
15 | concealed firearm under this Act, or present the license upon | ||||||
16 | the request of the officer if he or she is a licensee or | ||||||
17 | present upon the request of the officer evidence
under | ||||||
18 | paragraph (2) of subsection (e) of Section 40 of this Act that | ||||||
19 | he or she is a non-resident qualified to carry
under that | ||||||
20 | subsection . The disclosure requirement under this subsection | ||||||
21 | (h) is satisfied if the licensee presents his or her license to | ||||||
22 | the officer or the non-resident presents to the officer | ||||||
23 | evidence under paragraph (2) of subsection (e) of Section 40 of | ||||||
24 | this Act that he or she is qualified to carry under that | ||||||
25 | subsection. Upon the request of the officer, the licensee or | ||||||
26 | non-resident shall also , and identify the location of the |
| |||||||
| |||||||
1 | concealed firearm and permit the officer to safely secure the | ||||||
2 | firearm for the duration of the investigative stop . During a | ||||||
3 | traffic stop, any
passenger within the vehicle who is a | ||||||
4 | licensee or a non-resident carrying under subsection (e) of
| ||||||
5 | Section 40 of this Act must comply with the requirements of | ||||||
6 | this subsection (h). | ||||||
7 | (h-1) If a licensee carrying a firearm or a non-resident | ||||||
8 | carrying a firearm in a vehicle under subsection (e) of Section | ||||||
9 | 40 of this Act is contacted by a law enforcement officer or | ||||||
10 | emergency
services personnel, the law enforcement officer or | ||||||
11 | emergency services personnel may secure the firearm
or direct | ||||||
12 | that it be secured during the duration of the contact if the | ||||||
13 | law enforcement officer or emergency
services personnel | ||||||
14 | determines that it is necessary for the safety of any person
| ||||||
15 | present, including the law enforcement officer or emergency | ||||||
16 | services personnel. The licensee or nonresident
shall submit to | ||||||
17 | the order to secure the firearm. When the law enforcement | ||||||
18 | officer or emergency services
personnel have determined that | ||||||
19 | the licensee or non-resident is not a threat to
the safety of | ||||||
20 | any person present, including the law enforcement officer or | ||||||
21 | emergency services personnel, and
if the licensee or | ||||||
22 | non-resident is physically and mentally capable of
possessing | ||||||
23 | the firearm, the law enforcement officer or emergency services | ||||||
24 | personnel shall return the
firearm to the licensee or | ||||||
25 | non-resident before releasing him or her from the
scene and | ||||||
26 | breaking contact. If the licensee or non-resident is |
| |||||||
| |||||||
1 | transported for
treatment to another location, the firearm | ||||||
2 | shall be turned over to any peace
officer. The peace officer | ||||||
3 | shall provide a receipt which includes the make,
model, | ||||||
4 | caliber, and serial number of the firearm. | ||||||
5 | (i) The Department shall maintain a database of license | ||||||
6 | applicants and licensees. The database shall be available to | ||||||
7 | all federal, State, and local law enforcement agencies, State's | ||||||
8 | Attorneys, the Attorney General, and authorized court | ||||||
9 | personnel. Within 180 days after the effective date of this | ||||||
10 | Act, the database shall be searchable and provide all | ||||||
11 | information included in the application, including the | ||||||
12 | applicant's previous addresses within the 10 years prior to the | ||||||
13 | license application and any information related to violations | ||||||
14 | of this Act. No law enforcement agency, State's Attorney, | ||||||
15 | Attorney General, or member or staff of the judiciary shall | ||||||
16 | provide any information to a requester who is not entitled to | ||||||
17 | it by law. | ||||||
18 | (j) No later than 10 days after receipt of a completed | ||||||
19 | application, the Department shall enter the relevant | ||||||
20 | information about the applicant into the database under | ||||||
21 | subsection (i) of this Section which is accessible by law | ||||||
22 | enforcement agencies.
| ||||||
23 | (Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13.) | ||||||
24 | (430 ILCS 66/30)
| ||||||
25 | Sec. 30. Contents of license application. |
| |||||||
| |||||||
1 | (a) The license application shall be in writing, under | ||||||
2 | penalty of perjury, on a standard form adopted by the | ||||||
3 | Department and shall be accompanied by the documentation | ||||||
4 | required in this Section and the applicable fee. Each | ||||||
5 | application form shall include the following statement printed | ||||||
6 | in bold type: "Warning: Entering false information on this form | ||||||
7 | is punishable as perjury under Section 32-2 of the Criminal | ||||||
8 | Code of 2012." | ||||||
9 | (b) The application shall contain the following: | ||||||
10 | (1) the applicant's name, current address, date and | ||||||
11 | year of birth, place of birth, height, weight, hair color, | ||||||
12 | eye color, maiden name or any other name the applicant has | ||||||
13 | used or identified with, and any address where the | ||||||
14 | applicant resided for more than 30 days within the 10 years | ||||||
15 | preceding the date of the license application; | ||||||
16 | (2) the applicant's valid driver's license number or | ||||||
17 | valid state identification card number; | ||||||
18 | (3) a waiver of the applicant's privacy and | ||||||
19 | confidentiality rights and privileges under all federal | ||||||
20 | and state laws, including those limiting access to juvenile | ||||||
21 | court, criminal justice, psychological, or psychiatric | ||||||
22 | records or records relating to any institutionalization of | ||||||
23 | the applicant, and an affirmative request that a person | ||||||
24 | having custody of any of these records provide it or | ||||||
25 | information concerning it to the Department . The waiver | ||||||
26 | only applies to records sought in connection with |
| |||||||
| |||||||
1 | determining whether the applicant qualifies for a license | ||||||
2 | to carry a concealed firearm under this Act, or whether the | ||||||
3 | applicant remains in compliance with the Firearm Owners | ||||||
4 | Identification Card Act ; | ||||||
5 | (4) an affirmation that the applicant possesses a | ||||||
6 | currently valid Firearm Owner's Identification Card and | ||||||
7 | card number if possessed or notice the applicant is | ||||||
8 | applying for a Firearm Owner's Identification Card in | ||||||
9 | conjunction with the license application; | ||||||
10 | (5) an affirmation that the applicant has not been | ||||||
11 | convicted or found guilty of: | ||||||
12 | (A) a felony; | ||||||
13 | (B) a misdemeanor involving the use or threat of | ||||||
14 | physical force or violence to any person within the 5 | ||||||
15 | years preceding the date of the application; or | ||||||
16 | (C) 2 or more violations related to driving while | ||||||
17 | under the influence of alcohol, other drug or drugs, | ||||||
18 | intoxicating compound or compounds, or any combination | ||||||
19 | thereof, within the 5 years preceding the date of the | ||||||
20 | license application; and | ||||||
21 | (6) whether the applicant has failed a drug test for a | ||||||
22 | drug for which the applicant did not have a prescription, | ||||||
23 | within the previous year, and if so, the provider of the | ||||||
24 | test, the specific substance involved, and the date of the | ||||||
25 | test; | ||||||
26 | (7) written consent for the Department to review and |
| |||||||
| |||||||
1 | use the applicant's Illinois digital driver's license or | ||||||
2 | Illinois identification card photograph and signature; | ||||||
3 | (8) a full set of fingerprints submitted to the | ||||||
4 | Department in electronic format, provided the Department | ||||||
5 | may accept an application submitted without a set of | ||||||
6 | fingerprints in which case the Department shall be granted | ||||||
7 | 30 days in addition to the 90 days provided under | ||||||
8 | subsection (e) of Section 10 of this Act to issue or deny a | ||||||
9 | license; | ||||||
10 | (9) a head and shoulder color photograph in a size | ||||||
11 | specified by the Department taken within the 30 days | ||||||
12 | preceding the date of the license application; and | ||||||
13 | (10) a photocopy of any certificates or other evidence | ||||||
14 | of compliance with the training requirements under this | ||||||
15 | Act.
| ||||||
16 | (Source: P.A. 98-63, eff. 7-9-13.) | ||||||
17 | (430 ILCS 66/55)
| ||||||
18 | Sec. 55. Change of address or name; lost, destroyed, or | ||||||
19 | stolen licenses. | ||||||
20 | (a) A licensee shall notify the Department within 30 days | ||||||
21 | of moving or changing residence or any change of name. The | ||||||
22 | licensee shall submit the requisite fee and the Department may | ||||||
23 | require a notarized statement that the licensee has
changed his | ||||||
24 | or her residence or his or her name, including the prior and | ||||||
25 | current address or name and the date the applicant moved or |
| |||||||
| |||||||
1 | changed his or her name. : | ||||||
2 | (1) a notarized statement that the licensee has changed | ||||||
3 | his or her residence or his or her name, including the | ||||||
4 | prior and current address or name and the date the | ||||||
5 | applicant moved or changed his or her name; and | ||||||
6 | (2) the requisite fee. | ||||||
7 | (b) A licensee shall notify the Department within 10 days | ||||||
8 | of discovering that a license has been lost, destroyed, or | ||||||
9 | stolen. A lost, destroyed, or stolen license is invalid. To | ||||||
10 | request a replacement license, the licensee shall submit: | ||||||
11 | (1) a notarized statement that the licensee no longer | ||||||
12 | possesses the license, and that it was lost, destroyed, or | ||||||
13 | stolen; | ||||||
14 | (2) if applicable, a copy of a police report stating | ||||||
15 | that the license was stolen; and | ||||||
16 | (3) the requisite fee. | ||||||
17 | (c) A violation of this Section is a petty offense with a | ||||||
18 | fine of $150 which shall be deposited into the Mental Health | ||||||
19 | Reporting Fund.
| ||||||
20 | (Source: P.A. 98-63, eff. 7-9-13.) | ||||||
21 | (430 ILCS 66/65)
| ||||||
22 | Sec. 65. Prohibited areas. | ||||||
23 | (a) A licensee under this Act shall not knowingly carry a | ||||||
24 | firearm on or into: | ||||||
25 | (1) Any building, real property, and parking area under |
| |||||||
| |||||||
1 | the control of a public or private elementary or secondary | ||||||
2 | school. | ||||||
3 | (2) Any building, real property, and parking area under | ||||||
4 | the control of a pre-school or child care facility, | ||||||
5 | including any room or portion of a building under the | ||||||
6 | control of a pre-school or child care facility. Nothing in | ||||||
7 | this paragraph shall prevent the operator of a child care | ||||||
8 | facility in a family home from owning or possessing a | ||||||
9 | firearm in the home or license under this Act, if no child | ||||||
10 | under child care at the home is present in the home or the | ||||||
11 | firearm in the home is stored in a locked container when a | ||||||
12 | child under child care at the home is present in the home. | ||||||
13 | (3) Any building, parking area, or portion of a | ||||||
14 | building under the control of an officer of the executive | ||||||
15 | or legislative branch of government, provided that nothing | ||||||
16 | in this paragraph shall prohibit a licensee from carrying a | ||||||
17 | concealed firearm onto the real property, bikeway, or trail | ||||||
18 | in a park regulated by the Department of Natural Resources | ||||||
19 | or any other designated public hunting area or building | ||||||
20 | where firearm possession is permitted as established by the | ||||||
21 | Department of Natural Resources under Section 1.8 of the | ||||||
22 | Wildlife Code. | ||||||
23 | (4) Any building designated for matters before a | ||||||
24 | circuit court, appellate court, or the Supreme Court, or | ||||||
25 | any building or portion of a building under the control of | ||||||
26 | the Supreme Court. |
| |||||||
| |||||||
1 | (5) Any building or portion of a building under the | ||||||
2 | control of a unit of local government. | ||||||
3 | (6) Any building, real property, and parking area under | ||||||
4 | the control of an adult or juvenile detention or | ||||||
5 | correctional institution, prison, or jail. | ||||||
6 | (7) Any building, real property, and parking area under | ||||||
7 | the control of a public or private hospital or hospital | ||||||
8 | affiliate, mental health facility, or nursing home. | ||||||
9 | (8) Any bus, train, or form of transportation paid for | ||||||
10 | in whole or in part with public funds, and any building, | ||||||
11 | real property, and parking area under the control of a | ||||||
12 | public transportation facility paid for in whole or in part | ||||||
13 | with public funds. | ||||||
14 | (9) Any building, real property, and parking area under | ||||||
15 | the control of an establishment that serves alcohol on its | ||||||
16 | premises, if more than 50% of the establishment's gross | ||||||
17 | receipts within the prior 3 months is from the sale of | ||||||
18 | alcohol. The owner of an establishment who knowingly fails | ||||||
19 | to prohibit concealed firearms on its premises as provided | ||||||
20 | in this paragraph or who knowingly makes a false statement | ||||||
21 | or record to avoid the prohibition on concealed firearms | ||||||
22 | under this paragraph is subject to the penalty under | ||||||
23 | subsection (c-5) of Section 10-1 of the Liquor Control Act | ||||||
24 | of 1934. | ||||||
25 | (10) Any public gathering or special event conducted on | ||||||
26 | property open to the public that requires the issuance of a |
| |||||||
| |||||||
1 | permit from the unit of local government, provided this | ||||||
2 | prohibition shall not apply to a licensee who must walk | ||||||
3 | through a public gathering in order to access his or her | ||||||
4 | residence, place of business, or vehicle. | ||||||
5 | (11) Any building or real property that has been issued | ||||||
6 | a Special Event Retailer's license as defined in Section | ||||||
7 | 1-3.17.1 of the Liquor Control Act during the time | ||||||
8 | designated for the sale of alcohol by the Special Event | ||||||
9 | Retailer's license, or a Special use permit license as | ||||||
10 | defined in subsection (q) of Section 5-1 of the Liquor | ||||||
11 | Control Act during the time designated for the sale of | ||||||
12 | alcohol by the Special use permit license. | ||||||
13 | (12) Any public playground. | ||||||
14 | (13) Any public park, athletic area, or athletic | ||||||
15 | facility under the control of a municipality or park | ||||||
16 | district, provided nothing in this Section shall prohibit a | ||||||
17 | licensee from carrying a concealed firearm while on a trail | ||||||
18 | or bikeway if only a portion of the trail or bikeway | ||||||
19 | includes a public park. | ||||||
20 | (14) Any real property under the control of the Cook | ||||||
21 | County Forest Preserve District. | ||||||
22 | (15) Any building, classroom, laboratory, medical | ||||||
23 | clinic, hospital, artistic venue, athletic venue, | ||||||
24 | entertainment venue, officially recognized | ||||||
25 | university-related organization property, whether owned or | ||||||
26 | leased, and any real property, including parking areas, |
| |||||||
| |||||||
1 | sidewalks, and common areas under the control of a public | ||||||
2 | or private community college, college, or university. | ||||||
3 | (16) Any building, real property, or parking area under | ||||||
4 | the control of a gaming facility licensed under the | ||||||
5 | Riverboat Gambling Act or the Illinois Horse Racing Act of | ||||||
6 | 1975, including an inter-track wagering location licensee. | ||||||
7 | (17) Any stadium, arena, or the real property or | ||||||
8 | parking area under the control of a stadium, arena, or any | ||||||
9 | collegiate or professional sporting event. | ||||||
10 | (18) Any building, real property, or parking area under | ||||||
11 | the control of a public library. | ||||||
12 | (19) Any building, real property, or parking area under | ||||||
13 | the control of an airport. | ||||||
14 | (20) Any building, real property, or parking area under | ||||||
15 | the control of an amusement park. | ||||||
16 | (21) Any building, real property, or parking area under | ||||||
17 | the control of a zoo or museum. | ||||||
18 | (22) Any street, driveway, parking area, property, | ||||||
19 | building, or facility, owned, leased, controlled, or used | ||||||
20 | by a nuclear energy, storage, weapons, or development site | ||||||
21 | or facility regulated by the federal Nuclear Regulatory | ||||||
22 | Commission. The licensee shall not under any circumstance | ||||||
23 | store a firearm or ammunition in his or her vehicle or in a | ||||||
24 | compartment or container within a vehicle located anywhere | ||||||
25 | in or on the street, driveway, parking area, property, | ||||||
26 | building, or facility described in this paragraph. |
| |||||||
| |||||||
1 | (23) Any area where firearms are prohibited under | ||||||
2 | federal law. | ||||||
3 | (a-5) Nothing in this Act shall prohibit a public or | ||||||
4 | private community college, college, or university from: | ||||||
5 | (1) prohibiting persons from carrying a firearm within | ||||||
6 | a vehicle owned, leased, or controlled by the college or | ||||||
7 | university; | ||||||
8 | (2) developing resolutions, regulations, or policies | ||||||
9 | regarding student, employee, or visitor misconduct and | ||||||
10 | discipline, including suspension and expulsion; | ||||||
11 | (3) developing resolutions, regulations, or policies | ||||||
12 | regarding the storage or maintenance of firearms, which | ||||||
13 | must include designated areas where persons can park | ||||||
14 | vehicles that carry firearms; and | ||||||
15 | (4) permitting the carrying or use of firearms for the | ||||||
16 | purpose of instruction and curriculum of officially | ||||||
17 | recognized programs, including but not limited to military | ||||||
18 | science and law enforcement training programs, or in any | ||||||
19 | designated area used for hunting purposes or target | ||||||
20 | shooting. | ||||||
21 | (a-10) The owner of private real property of any type may | ||||||
22 | prohibit the carrying of concealed firearms on the property | ||||||
23 | under his or her control. The owner must post a sign in | ||||||
24 | accordance with subsection (d) of this Section indicating that | ||||||
25 | firearms are prohibited on the property, unless the property is | ||||||
26 | a private residence. |
| |||||||
| |||||||
1 | (b) Notwithstanding subsections (a), (a-5), and (a-10) of | ||||||
2 | this Section except under paragraph (22) or (23) of subsection | ||||||
3 | (a), any licensee prohibited from carrying a concealed firearm | ||||||
4 | into the parking area of a prohibited location specified in | ||||||
5 | subsection (a), (a-5), or (a-10) of this Section shall be | ||||||
6 | permitted to carry a concealed firearm on or about his or her | ||||||
7 | person within a vehicle into the parking area and may store a | ||||||
8 | firearm or ammunition concealed in a case within a locked | ||||||
9 | vehicle or locked container out of plain view within the | ||||||
10 | vehicle in the parking area. A licensee may carry a concealed | ||||||
11 | firearm in the immediate area surrounding his or her vehicle | ||||||
12 | within a prohibited parking lot area only for the limited | ||||||
13 | purpose of storing or retrieving a firearm within the vehicle's | ||||||
14 | trunk , provided the licensee ensures the concealed firearm is | ||||||
15 | unloaded prior to exiting the vehicle . For purposes of this | ||||||
16 | subsection, "case" includes a glove compartment or console that | ||||||
17 | completely encloses the concealed firearm or ammunition, the | ||||||
18 | trunk of the vehicle, or a firearm carrying box, shipping box, | ||||||
19 | or other container. | ||||||
20 | (c) A licensee shall not be in violation of this Section | ||||||
21 | while he or she is traveling along a public right of way that | ||||||
22 | touches or crosses any of the premises under subsection (a), | ||||||
23 | (a-5), or (a-10) of this Section if the concealed firearm is | ||||||
24 | carried on his or her person in accordance with the provisions | ||||||
25 | of this Act or is being transported in a vehicle by the | ||||||
26 | licensee in accordance with all other applicable provisions of |
| |||||||
| |||||||
1 | law. | ||||||
2 | (d) Signs stating that the carrying of firearms is | ||||||
3 | prohibited shall be clearly and conspicuously posted at the | ||||||
4 | entrance of a building, premises, or real property specified in | ||||||
5 | this Section as a prohibited area, unless the building or | ||||||
6 | premises is a private residence. Signs shall be of a uniform | ||||||
7 | design as established by the Department and shall be 4 inches | ||||||
8 | by 6 inches in size. The Department shall adopt rules for | ||||||
9 | standardized signs to be used under this subsection.
| ||||||
10 | (Source: P.A. 98-63, eff. 7-9-13.) | ||||||
11 | Section 20. The Criminal Code of 2012 is amended by | ||||||
12 | changing Sections 24-1 and 24-3 as follows:
| ||||||
13 | (720 ILCS 5/24-1) (from Ch. 38, par. 24-1)
| ||||||
14 | Sec. 24-1. Unlawful Use of Weapons.
| ||||||
15 | (a) A person commits the offense of unlawful use of weapons | ||||||
16 | when
he knowingly:
| ||||||
17 | (1) Sells, manufactures, purchases, possesses or | ||||||
18 | carries any bludgeon,
black-jack, slung-shot, sand-club, | ||||||
19 | sand-bag, metal knuckles or other knuckle weapon | ||||||
20 | regardless of its composition, throwing star,
or any knife, | ||||||
21 | commonly referred to as a switchblade knife, which has a
| ||||||
22 | blade that opens automatically by hand pressure applied to | ||||||
23 | a button,
spring or other device in the handle of the | ||||||
24 | knife, or a ballistic knife,
which is a device that propels |
| |||||||
| |||||||
1 | a knifelike blade as a projectile by means
of a coil | ||||||
2 | spring, elastic material or compressed gas; or
| ||||||
3 | (2) Carries or possesses with intent to use the same | ||||||
4 | unlawfully
against another, a dagger, dirk, billy, | ||||||
5 | dangerous knife, razor,
stiletto, broken bottle or other | ||||||
6 | piece of glass, stun gun or taser or
any other dangerous or | ||||||
7 | deadly weapon or instrument of like character; or
| ||||||
8 | (3) Carries on or about his person or in any vehicle, a | ||||||
9 | tear gas gun
projector or bomb or any object containing | ||||||
10 | noxious liquid gas or
substance, other than an object | ||||||
11 | containing a non-lethal noxious liquid gas
or substance | ||||||
12 | designed solely for personal defense carried by a person 18
| ||||||
13 | years of age or older; or
| ||||||
14 | (4) Carries or possesses in any vehicle or concealed on | ||||||
15 | or about his
person except when on his land or in his own | ||||||
16 | abode, legal dwelling, or fixed place of
business, or on | ||||||
17 | the land or in the legal dwelling of another person as an | ||||||
18 | invitee with that person's permission, any pistol, | ||||||
19 | revolver, stun gun or taser or other firearm, except
that
| ||||||
20 | this subsection (a) (4) does not apply to or affect | ||||||
21 | transportation of weapons
that meet one of the following | ||||||
22 | conditions:
| ||||||
23 | (i) are broken down in a non-functioning state; or
| ||||||
24 | (ii) are not immediately accessible; or
| ||||||
25 | (iii) are unloaded and enclosed in a case, firearm | ||||||
26 | carrying box,
shipping box, or other container by a |
| |||||||
| |||||||
1 | person who has been issued a currently
valid Firearm | ||||||
2 | Owner's
Identification Card; or | ||||||
3 | (iv) are carried or possessed in accordance with | ||||||
4 | the Firearm Concealed Carry Act by a person who has | ||||||
5 | been issued a currently valid license under the Firearm | ||||||
6 | Concealed Carry Act; or
| ||||||
7 | (5) Sets a spring gun; or
| ||||||
8 | (6) Possesses any device or attachment of any kind | ||||||
9 | designed, used or
intended for use in silencing the report | ||||||
10 | of any firearm; or
| ||||||
11 | (7) Sells, manufactures, purchases, possesses or | ||||||
12 | carries:
| ||||||
13 | (i) a machine gun, which shall be defined for the | ||||||
14 | purposes of this
subsection as any weapon,
which | ||||||
15 | shoots, is designed to shoot, or can be readily | ||||||
16 | restored to shoot,
automatically more than one shot | ||||||
17 | without manually reloading by a single
function of the | ||||||
18 | trigger, including the frame or receiver
of any such | ||||||
19 | weapon, or sells, manufactures, purchases, possesses, | ||||||
20 | or
carries any combination of parts designed or | ||||||
21 | intended for
use in converting any weapon into a | ||||||
22 | machine gun, or any combination or
parts from which a | ||||||
23 | machine gun can be assembled if such parts are in the
| ||||||
24 | possession or under the control of a person;
| ||||||
25 | (ii) any rifle having one or
more barrels less than | ||||||
26 | 16 inches in length or a shotgun having one or more
|
| |||||||
| |||||||
1 | barrels less than 18 inches in length or any weapon | ||||||
2 | made from a rifle or
shotgun, whether by alteration, | ||||||
3 | modification, or otherwise, if such a weapon
as | ||||||
4 | modified has an overall length of less than 26 inches; | ||||||
5 | or
| ||||||
6 | (iii) any
bomb, bomb-shell, grenade, bottle or | ||||||
7 | other container containing an
explosive substance of | ||||||
8 | over one-quarter ounce for like purposes, such
as, but | ||||||
9 | not limited to, black powder bombs and Molotov | ||||||
10 | cocktails or
artillery projectiles; or
| ||||||
11 | (8) Carries or possesses any firearm, stun gun or taser | ||||||
12 | or other
deadly weapon in any place which is licensed to | ||||||
13 | sell intoxicating
beverages, or at any public gathering | ||||||
14 | held pursuant to a license issued
by any governmental body | ||||||
15 | or any public gathering at which an admission
is charged, | ||||||
16 | excluding a place where a showing, demonstration or lecture
| ||||||
17 | involving the exhibition of unloaded firearms is | ||||||
18 | conducted.
| ||||||
19 | This subsection (a)(8) does not apply to any auction or | ||||||
20 | raffle of a firearm
held pursuant to
a license or permit | ||||||
21 | issued by a governmental body, nor does it apply to persons
| ||||||
22 | engaged
in firearm safety training courses; or
| ||||||
23 | (9) Carries or possesses in a vehicle or on or about | ||||||
24 | his person any
pistol, revolver, stun gun or taser or | ||||||
25 | firearm or ballistic knife, when
he is hooded, robed or | ||||||
26 | masked in such manner as to conceal his identity; or
|
| |||||||
| |||||||
1 | (10) Carries or possesses on or about his person, upon | ||||||
2 | any public street,
alley, or other public lands within the | ||||||
3 | corporate limits of a city, village
or incorporated town, | ||||||
4 | except when an invitee thereon or therein, for the
purpose | ||||||
5 | of the display of such weapon or the lawful commerce in | ||||||
6 | weapons, or
except when on his land or in his own abode, | ||||||
7 | legal dwelling, or fixed place of business, or on the land | ||||||
8 | or in the legal dwelling of another person as an invitee | ||||||
9 | with that person's permission, any
pistol, revolver, stun | ||||||
10 | gun or taser or other firearm, except that this
subsection | ||||||
11 | (a) (10) does not apply to or affect transportation of | ||||||
12 | weapons that
meet one of the following conditions:
| ||||||
13 | (i) are broken down in a non-functioning state; or
| ||||||
14 | (ii) are not immediately accessible; or
| ||||||
15 | (iii) are unloaded and enclosed in a case, firearm | ||||||
16 | carrying box,
shipping box, or other container by a | ||||||
17 | person who has been issued a currently
valid Firearm | ||||||
18 | Owner's
Identification Card ; or .
| ||||||
19 | (iv) are carried or possessed in accordance with | ||||||
20 | the Firearm Concealed Carry Act by a person who has | ||||||
21 | been issued a currently valid license under the Firearm | ||||||
22 | Concealed Carry Act.
| ||||||
23 | A "stun gun or taser", as used in this paragraph (a) | ||||||
24 | means (i) any device
which is powered by electrical | ||||||
25 | charging units, such as, batteries, and
which fires one or | ||||||
26 | several barbs attached to a length of wire and
which, upon |
| |||||||
| |||||||
1 | hitting a human, can send out a current capable of | ||||||
2 | disrupting
the person's nervous system in such a manner as | ||||||
3 | to render him incapable of
normal functioning or (ii) any | ||||||
4 | device which is powered by electrical
charging units, such | ||||||
5 | as batteries, and which, upon contact with a human or
| ||||||
6 | clothing worn by a human, can send out current capable of | ||||||
7 | disrupting
the person's nervous system in such a manner as | ||||||
8 | to render him incapable
of normal functioning; or
| ||||||
9 | (11) Sells, manufactures or purchases any explosive | ||||||
10 | bullet. For purposes
of this paragraph (a) "explosive | ||||||
11 | bullet" means the projectile portion of
an ammunition | ||||||
12 | cartridge which contains or carries an explosive charge | ||||||
13 | which
will explode upon contact with the flesh of a human | ||||||
14 | or an animal.
"Cartridge" means a tubular metal case having | ||||||
15 | a projectile affixed at the
front thereof and a cap or | ||||||
16 | primer at the rear end thereof, with the
propellant | ||||||
17 | contained in such tube between the projectile and the cap; | ||||||
18 | or
| ||||||
19 | (12) (Blank); or
| ||||||
20 | (13) Carries or possesses on or about his or her person | ||||||
21 | while in a building occupied by a unit of government, a | ||||||
22 | billy club, other weapon of like character, or other | ||||||
23 | instrument of like character intended for use as a weapon. | ||||||
24 | For the purposes of this Section, "billy club" means a | ||||||
25 | short stick or club commonly carried by police officers | ||||||
26 | which is either telescopic or constructed of a solid piece |
| |||||||
| |||||||
1 | of wood or other man-made material. | ||||||
2 | (b) Sentence. A person convicted of a violation of | ||||||
3 | subsection 24-1(a)(1)
through (5), subsection 24-1(a)(10),
| ||||||
4 | subsection 24-1(a)(11), or subsection 24-1(a)(13) commits a | ||||||
5 | Class A
misdemeanor.
A person convicted of a violation of | ||||||
6 | subsection
24-1(a)(8) or 24-1(a)(9) commits a
Class 4 felony; a | ||||||
7 | person
convicted of a violation of subsection 24-1(a)(6) or | ||||||
8 | 24-1(a)(7)(ii) or (iii)
commits a Class 3 felony. A person | ||||||
9 | convicted of a violation of subsection
24-1(a)(7)(i) commits a | ||||||
10 | Class 2 felony and shall be sentenced to a term of imprisonment | ||||||
11 | of not less than 3 years and not more than 7 years, unless the | ||||||
12 | weapon is possessed in the
passenger compartment of a motor | ||||||
13 | vehicle as defined in Section 1-146 of the
Illinois Vehicle | ||||||
14 | Code, or on the person, while the weapon is loaded, in which
| ||||||
15 | case it shall be a Class X felony. A person convicted of a
| ||||||
16 | second or subsequent violation of subsection 24-1(a)(4), | ||||||
17 | 24-1(a)(8),
24-1(a)(9), or
24-1(a)(10) commits a Class 3 | ||||||
18 | felony. The possession of each weapon in violation of this | ||||||
19 | Section constitutes a single and separate violation.
| ||||||
20 | (c) Violations in specific places.
| ||||||
21 | (1) A person who violates subsection 24-1(a)(6) or | ||||||
22 | 24-1(a)(7) in any
school, regardless of the time of day or | ||||||
23 | the time of year, in residential
property owned, operated | ||||||
24 | or managed by a public housing agency or
leased by
a public | ||||||
25 | housing agency as part of a scattered site or mixed-income
| ||||||
26 | development, in a
public park, in a courthouse, on the real |
| |||||||
| |||||||
1 | property comprising any school,
regardless of the
time of | ||||||
2 | day or the time of year, on residential property owned, | ||||||
3 | operated
or
managed by a public housing agency
or leased by | ||||||
4 | a public housing agency as part of a scattered site or
| ||||||
5 | mixed-income development,
on the real property comprising | ||||||
6 | any
public park, on the real property comprising any | ||||||
7 | courthouse, in any conveyance
owned, leased or contracted | ||||||
8 | by a school to
transport students to or from school or a | ||||||
9 | school related activity, in any conveyance
owned, leased, | ||||||
10 | or contracted by a public transportation agency, or on any
| ||||||
11 | public way within 1,000 feet of the real property | ||||||
12 | comprising any school,
public park, courthouse, public | ||||||
13 | transportation facility, or residential property owned, | ||||||
14 | operated, or managed
by a public housing agency
or leased | ||||||
15 | by a public housing agency as part of a scattered site or
| ||||||
16 | mixed-income development
commits a Class 2 felony and shall | ||||||
17 | be sentenced to a term of imprisonment of not less than 3 | ||||||
18 | years and not more than 7 years.
| ||||||
19 | (1.5) A person who violates subsection 24-1(a)(4), | ||||||
20 | 24-1(a)(9), or
24-1(a)(10) in any school, regardless of the | ||||||
21 | time of day or the time of year,
in residential property | ||||||
22 | owned, operated, or managed by a public
housing
agency
or | ||||||
23 | leased by a public housing agency as part of a scattered | ||||||
24 | site or
mixed-income development,
in
a public
park, in a | ||||||
25 | courthouse, on the real property comprising any school, | ||||||
26 | regardless
of the time of day or the time of year, on |
| |||||||
| |||||||
1 | residential property owned,
operated, or managed by a | ||||||
2 | public housing agency
or leased by a public housing agency | ||||||
3 | as part of a scattered site or
mixed-income development,
on | ||||||
4 | the real property
comprising any public park, on the real | ||||||
5 | property comprising any courthouse, in
any conveyance | ||||||
6 | owned, leased, or contracted by a school to transport | ||||||
7 | students
to or from school or a school related activity, in | ||||||
8 | any conveyance
owned, leased, or contracted by a public | ||||||
9 | transportation agency, or on any public way within
1,000 | ||||||
10 | feet of the real property comprising any school, public | ||||||
11 | park, courthouse,
public transportation facility, or | ||||||
12 | residential property owned, operated, or managed by a | ||||||
13 | public
housing agency
or leased by a public housing agency | ||||||
14 | as part of a scattered site or
mixed-income development
| ||||||
15 | commits a Class 3 felony.
| ||||||
16 | (2) A person who violates subsection 24-1(a)(1), | ||||||
17 | 24-1(a)(2), or
24-1(a)(3)
in any school, regardless of the | ||||||
18 | time of day or the time of year, in
residential property | ||||||
19 | owned, operated or managed by a public housing
agency
or | ||||||
20 | leased by a public housing agency as part of a scattered | ||||||
21 | site or
mixed-income development,
in
a public park, in a | ||||||
22 | courthouse, on the real property comprising any school,
| ||||||
23 | regardless of the time of day or the time of year, on | ||||||
24 | residential property
owned, operated or managed by a public | ||||||
25 | housing agency
or leased by a public housing agency as part | ||||||
26 | of a scattered site or
mixed-income development,
on the |
| |||||||
| |||||||
1 | real property
comprising any public park, on the real | ||||||
2 | property comprising any courthouse, in
any conveyance | ||||||
3 | owned, leased or contracted by a school to transport | ||||||
4 | students
to or from school or a school related activity, in | ||||||
5 | any conveyance
owned, leased, or contracted by a public | ||||||
6 | transportation agency, or on any public way within
1,000 | ||||||
7 | feet of the real property comprising any school, public | ||||||
8 | park, courthouse,
public transportation facility, or | ||||||
9 | residential property owned, operated, or managed by a | ||||||
10 | public
housing agency or leased by a public housing agency | ||||||
11 | as part of a scattered
site or mixed-income development | ||||||
12 | commits a Class 4 felony. "Courthouse"
means any building | ||||||
13 | that is used by the Circuit, Appellate, or Supreme Court of
| ||||||
14 | this State for the conduct of official business.
| ||||||
15 | (3) Paragraphs (1), (1.5), and (2) of this subsection | ||||||
16 | (c) shall not
apply to law
enforcement officers or security | ||||||
17 | officers of such school, college, or
university or to | ||||||
18 | students carrying or possessing firearms for use in | ||||||
19 | training
courses, parades, hunting, target shooting on | ||||||
20 | school ranges, or otherwise with
the consent of school | ||||||
21 | authorities and which firearms are transported unloaded
| ||||||
22 | enclosed in a suitable case, box, or transportation | ||||||
23 | package.
| ||||||
24 | (4) For the purposes of this subsection (c), "school" | ||||||
25 | means any public or
private elementary or secondary school, | ||||||
26 | community college, college, or
university.
|
| |||||||
| |||||||
1 | (5) For the purposes of this subsection (c), "public | ||||||
2 | transportation agency" means a public or private agency | ||||||
3 | that provides for the transportation or conveyance of
| ||||||
4 | persons by means available to the general public, except | ||||||
5 | for transportation
by automobiles not used for conveyance | ||||||
6 | of the general public as passengers; and "public | ||||||
7 | transportation facility" means a terminal or other place
| ||||||
8 | where one may obtain public transportation.
| ||||||
9 | (d) The presence in an automobile other than a public | ||||||
10 | omnibus of any
weapon, instrument or substance referred to in | ||||||
11 | subsection (a)(7) is
prima facie evidence that it is in the | ||||||
12 | possession of, and is being
carried by, all persons occupying | ||||||
13 | such automobile at the time such
weapon, instrument or | ||||||
14 | substance is found, except under the following
circumstances: | ||||||
15 | (i) if such weapon, instrument or instrumentality is
found upon | ||||||
16 | the person of one of the occupants therein; or (ii) if such
| ||||||
17 | weapon, instrument or substance is found in an automobile | ||||||
18 | operated for
hire by a duly licensed driver in the due, lawful | ||||||
19 | and proper pursuit of
his trade, then such presumption shall | ||||||
20 | not apply to the driver.
| ||||||
21 | (e) Exemptions. Crossbows, Common or Compound bows and | ||||||
22 | Underwater
Spearguns are exempted from the definition of | ||||||
23 | ballistic knife as defined in
paragraph (1) of subsection (a) | ||||||
24 | of this Section.
| ||||||
25 | (Source: P.A. 95-331, eff. 8-21-07; 95-809, eff. 1-1-09; | ||||||
26 | 95-885, eff. 1-1-09; 96-41, eff. 1-1-10; 96-328, eff. 8-11-09; |
| |||||||
| |||||||
1 | 96-742, eff. 8-25-09; 96-1000, eff. 7-2-10.)
| ||||||
2 | (720 ILCS 5/24-3) (from Ch. 38, par. 24-3)
| ||||||
3 | Sec. 24-3. Unlawful sale or delivery of firearms.
| ||||||
4 | (A) A person commits the offense of unlawful sale or | ||||||
5 | delivery of firearms when he
or she knowingly does any of the | ||||||
6 | following:
| ||||||
7 | (a) Sells or gives any firearm of a size which may be | ||||||
8 | concealed upon the
person to any person under 18 years of | ||||||
9 | age.
| ||||||
10 | (b) Sells or gives any firearm to a person under 21 | ||||||
11 | years of age who has
been convicted of a misdemeanor other | ||||||
12 | than a traffic offense or adjudged
delinquent.
| ||||||
13 | (c) Sells or gives any firearm to any narcotic addict.
| ||||||
14 | (d) Sells or gives any firearm to any person who has | ||||||
15 | been convicted of a
felony under the laws of this or any | ||||||
16 | other jurisdiction.
| ||||||
17 | (e) Sells or gives any firearm to any person who has | ||||||
18 | been a patient in a
mental institution within the past 5 | ||||||
19 | years. In this subsection (e): | ||||||
20 | "Mental institution" means any hospital, | ||||||
21 | institution, clinic, evaluation facility, mental | ||||||
22 | health center, or part thereof, which is used primarily | ||||||
23 | for the care or treatment of persons with mental | ||||||
24 | illness. | ||||||
25 | "Patient in a mental institution" means the person |
| |||||||
| |||||||
1 | was admitted, either voluntarily or involuntarily, to | ||||||
2 | a mental institution for mental health treatment, | ||||||
3 | unless the treatment was voluntary and solely for an | ||||||
4 | alcohol abuse disorder and no other secondary | ||||||
5 | substance abuse disorder or mental illness.
| ||||||
6 | (f) Sells or gives any firearms to any person who is | ||||||
7 | intellectually disabled.
| ||||||
8 | (g) Delivers any firearm of a size which may be | ||||||
9 | concealed upon the
person, incidental to a sale, without | ||||||
10 | withholding delivery of such firearm
for at least 72 hours | ||||||
11 | after application for its purchase has been made, or
| ||||||
12 | delivers any rifle, shotgun or other long gun, or a stun | ||||||
13 | gun or taser, incidental to a sale,
without withholding | ||||||
14 | delivery of such rifle, shotgun or other long gun, or a | ||||||
15 | stun gun or taser for
at least 24 hours after application | ||||||
16 | for its purchase has been made.
However,
this paragraph (g) | ||||||
17 | does not apply to: (1) the sale of a firearm
to a law | ||||||
18 | enforcement officer if the seller of the firearm knows that | ||||||
19 | the person to whom he or she is selling the firearm is a | ||||||
20 | law enforcement officer or the sale of a firearm to a | ||||||
21 | person who desires to purchase a firearm for
use in | ||||||
22 | promoting the public interest incident to his or her | ||||||
23 | employment as a
bank guard, armed truck guard, or other | ||||||
24 | similar employment; (2) a mail
order sale of a firearm from | ||||||
25 | a federally licensed firearms dealer to a nonresident of | ||||||
26 | Illinois under which the firearm
is mailed to a federally |
| |||||||
| |||||||
1 | licensed firearms dealer point outside the boundaries of | ||||||
2 | Illinois; (3) the sale
of a firearm to a nonresident of | ||||||
3 | Illinois while at a firearm showing or display
recognized | ||||||
4 | by the Illinois Department of State Police; or (4) the sale | ||||||
5 | of a
firearm to a dealer licensed as a federal firearms | ||||||
6 | dealer under Section 923
of the federal Gun Control Act of | ||||||
7 | 1968 (18 U.S.C. 923) ; or (5) the transfer or sale of any | ||||||
8 | rifle, shotgun, or other long gun to a resident registered | ||||||
9 | competitor or attendee or non-resident registered | ||||||
10 | competitor or attendee by any dealer licensed as a federal | ||||||
11 | firearms dealer under Section 923 of the federal Gun | ||||||
12 | Control Act of 1968 at competitive shooting events held at | ||||||
13 | the World Shooting Complex sanctioned by a national | ||||||
14 | governing body. For purposes of transfers or sales under | ||||||
15 | subparagraph (5) of this paragraph (g), the Department of | ||||||
16 | Natural Resources shall give notice to the Department of | ||||||
17 | State Police at least 30 calendar days prior to any | ||||||
18 | competitive shooting events at the World Shooting Complex | ||||||
19 | sanctioned by a national governing body. The notification | ||||||
20 | shall be made on a form prescribed by the Department of | ||||||
21 | State Police. The sanctioning body shall provide a list of | ||||||
22 | all registered competitors and attendees at least 24 hours | ||||||
23 | before the events to the Department of State Police. Any | ||||||
24 | changes to the list of registered competitors and attendees | ||||||
25 | shall be forwarded to the Department of State Police as | ||||||
26 | soon as practicable. The Department of State Police must |
| |||||||
| |||||||
1 | destroy the list of registered competitors and attendees no | ||||||
2 | later than 30 days after the date of the event. Nothing in | ||||||
3 | this paragraph (g) relieves a federally licensed firearm | ||||||
4 | dealer from the requirements of conducting a NICS | ||||||
5 | background check through the Illinois Point of Contact | ||||||
6 | under 18 U.S.C. 922(t) . For purposes of this paragraph (g), | ||||||
7 | "application" means when the buyer and seller reach an | ||||||
8 | agreement to purchase a firearm.
For purposes of this | ||||||
9 | paragraph (g), "national governing body" means a group of | ||||||
10 | persons who adopt rules and formulate policy on behalf of a | ||||||
11 | national firearm sporting organization.
| ||||||
12 | (h) While holding any license
as a dealer,
importer, | ||||||
13 | manufacturer or pawnbroker
under the federal Gun Control | ||||||
14 | Act of 1968,
manufactures, sells or delivers to any | ||||||
15 | unlicensed person a handgun having
a barrel, slide, frame | ||||||
16 | or receiver which is a die casting of zinc alloy or
any | ||||||
17 | other nonhomogeneous metal which will melt or deform at a | ||||||
18 | temperature
of less than 800 degrees Fahrenheit. For | ||||||
19 | purposes of this paragraph, (1)
"firearm" is defined as in | ||||||
20 | the Firearm Owners Identification Card Act; and (2)
| ||||||
21 | "handgun" is defined as a firearm designed to be held
and | ||||||
22 | fired by the use of a single hand, and includes a | ||||||
23 | combination of parts from
which such a firearm can be | ||||||
24 | assembled.
| ||||||
25 | (i) Sells or gives a firearm of any size to any person | ||||||
26 | under 18 years of
age who does not possess a valid Firearm |
| |||||||
| |||||||
1 | Owner's Identification Card.
| ||||||
2 | (j) Sells or gives a firearm while engaged in the | ||||||
3 | business of selling
firearms at wholesale or retail without | ||||||
4 | being licensed as a federal firearms
dealer under Section | ||||||
5 | 923 of the federal Gun Control Act of 1968 (18 U.S.C.
923). | ||||||
6 | In this paragraph (j):
| ||||||
7 | A person "engaged in the business" means a person who | ||||||
8 | devotes time,
attention, and
labor to
engaging in the | ||||||
9 | activity as a regular course of trade or business with the
| ||||||
10 | principal objective of livelihood and profit, but does not | ||||||
11 | include a person who
makes occasional repairs of firearms | ||||||
12 | or who occasionally fits special barrels,
stocks, or | ||||||
13 | trigger mechanisms to firearms.
| ||||||
14 | "With the principal objective of livelihood and | ||||||
15 | profit" means that the
intent
underlying the sale or | ||||||
16 | disposition of firearms is predominantly one of
obtaining | ||||||
17 | livelihood and pecuniary gain, as opposed to other intents, | ||||||
18 | such as
improving or liquidating a personal firearms | ||||||
19 | collection; however, proof of
profit shall not be required | ||||||
20 | as to a person who engages in the regular and
repetitive | ||||||
21 | purchase and disposition of firearms for criminal purposes | ||||||
22 | or
terrorism.
| ||||||
23 | (k) Sells or transfers ownership of a firearm to a | ||||||
24 | person who does not display to the seller or transferor of | ||||||
25 | the firearm either: (1) a currently valid Firearm Owner's | ||||||
26 | Identification Card that has previously been issued in the |
| |||||||
| |||||||
1 | transferee's name by the Department of State Police under | ||||||
2 | the provisions of the Firearm Owners Identification Card | ||||||
3 | Act ; or (2) a currently valid license to carry a concealed | ||||||
4 | firearm that has previously been issued in the transferee's | ||||||
5 | name by the
Department of State Police under the Firearm | ||||||
6 | Concealed Carry Act . This paragraph (k) does not apply to | ||||||
7 | the transfer of a firearm to a person who is exempt from | ||||||
8 | the requirement of possessing a Firearm Owner's | ||||||
9 | Identification Card under Section 2 of the Firearm Owners | ||||||
10 | Identification Card Act. For the purposes of this Section, | ||||||
11 | a currently valid Firearm Owner's Identification Card | ||||||
12 | means (i) a Firearm Owner's Identification Card that has | ||||||
13 | not expired or (ii) an approval number issued in accordance | ||||||
14 | with subsection (a-10) of subsection 3 or Section 3.1 of | ||||||
15 | the Firearm Owners Identification Card Act shall be proof | ||||||
16 | that the Firearm Owner's Identification Card was valid. | ||||||
17 | (1) In addition to the other requirements of this | ||||||
18 | paragraph (k), all persons who are not federally | ||||||
19 | licensed firearms dealers must also have complied with | ||||||
20 | subsection (a-10) of Section 3 of the Firearm Owners | ||||||
21 | Identification Card Act by determining the validity of | ||||||
22 | a purchaser's Firearm Owner's Identification Card. | ||||||
23 | (2) All sellers or transferors who have complied | ||||||
24 | with the requirements of subparagraph (1) of this | ||||||
25 | paragraph (k) shall not be liable for damages in any | ||||||
26 | civil action arising from the use or misuse by the |
| |||||||
| |||||||
1 | transferee of the firearm transferred, except for | ||||||
2 | willful or wanton misconduct on the part of the seller | ||||||
3 | or transferor. | ||||||
4 | (l) Not
being entitled to the possession of a firearm, | ||||||
5 | delivers the
firearm, knowing it to have been stolen or | ||||||
6 | converted. It may be inferred that
a person who possesses a | ||||||
7 | firearm with knowledge that its serial number has
been | ||||||
8 | removed or altered has knowledge that the firearm is stolen | ||||||
9 | or converted. | ||||||
10 | (B) Paragraph (h) of subsection (A) does not include | ||||||
11 | firearms sold within 6
months after enactment of Public
Act | ||||||
12 | 78-355 (approved August 21, 1973, effective October 1, 1973), | ||||||
13 | nor is any
firearm legally owned or
possessed by any citizen or | ||||||
14 | purchased by any citizen within 6 months after the
enactment of | ||||||
15 | Public Act 78-355 subject
to confiscation or seizure under the | ||||||
16 | provisions of that Public Act. Nothing in
Public Act 78-355 | ||||||
17 | shall be construed to prohibit the gift or trade of
any firearm | ||||||
18 | if that firearm was legally held or acquired within 6 months | ||||||
19 | after
the enactment of that Public Act.
| ||||||
20 | (C) Sentence.
| ||||||
21 | (1) Any person convicted of unlawful sale or delivery | ||||||
22 | of firearms in violation of
paragraph (c), (e), (f), (g), | ||||||
23 | or (h) of subsection (A) commits a Class
4
felony.
| ||||||
24 | (2) Any person convicted of unlawful sale or delivery | ||||||
25 | of firearms in violation of
paragraph (b) or (i) of | ||||||
26 | subsection (A) commits a Class 3 felony.
|
| |||||||
| |||||||
1 | (3) Any person convicted of unlawful sale or delivery | ||||||
2 | of firearms in violation of
paragraph (a) of subsection (A) | ||||||
3 | commits a Class 2 felony.
| ||||||
4 | (4) Any person convicted of unlawful sale or delivery | ||||||
5 | of firearms in violation of
paragraph (a), (b), or (i) of | ||||||
6 | subsection (A) in any school, on the real
property | ||||||
7 | comprising a school, within 1,000 feet of the real property | ||||||
8 | comprising
a school, at a school related activity, or on or | ||||||
9 | within 1,000 feet of any
conveyance owned, leased, or | ||||||
10 | contracted by a school or school district to
transport | ||||||
11 | students to or from school or a school related activity,
| ||||||
12 | regardless of the time of day or time of year at which the | ||||||
13 | offense
was committed, commits a Class 1 felony. Any person | ||||||
14 | convicted of a second
or subsequent violation of unlawful | ||||||
15 | sale or delivery of firearms in violation of paragraph
(a), | ||||||
16 | (b), or (i) of subsection (A) in any school, on the real | ||||||
17 | property
comprising a school, within 1,000 feet of the real | ||||||
18 | property comprising a
school, at a school related activity, | ||||||
19 | or on or within 1,000 feet of any
conveyance owned, leased, | ||||||
20 | or contracted by a school or school district to
transport | ||||||
21 | students to or from school or a school related activity,
| ||||||
22 | regardless of the time of day or time of year at which the | ||||||
23 | offense
was committed, commits a Class 1 felony for which | ||||||
24 | the sentence shall be a
term of imprisonment of no less | ||||||
25 | than 5 years and no more than 15 years.
| ||||||
26 | (5) Any person convicted of unlawful sale or delivery |
| |||||||
| |||||||
1 | of firearms in violation of
paragraph (a) or (i) of | ||||||
2 | subsection (A) in residential property owned,
operated, or | ||||||
3 | managed by a public housing agency or leased by a public | ||||||
4 | housing
agency as part of a scattered site or mixed-income | ||||||
5 | development, in a public
park, in a
courthouse, on | ||||||
6 | residential property owned, operated, or managed by a | ||||||
7 | public
housing agency or leased by a public housing agency | ||||||
8 | as part of a scattered site
or mixed-income development, on | ||||||
9 | the real property comprising any public park,
on the real
| ||||||
10 | property comprising any courthouse, or on any public way | ||||||
11 | within 1,000 feet
of the real property comprising any | ||||||
12 | public park, courthouse, or residential
property owned, | ||||||
13 | operated, or managed by a public housing agency or leased | ||||||
14 | by a
public housing agency as part of a scattered site or | ||||||
15 | mixed-income development
commits a
Class 2 felony.
| ||||||
16 | (6) Any person convicted of unlawful sale or delivery | ||||||
17 | of firearms in violation of
paragraph (j) of subsection (A) | ||||||
18 | commits a Class A misdemeanor. A second or
subsequent | ||||||
19 | violation is a Class 4 felony. | ||||||
20 | (7) Any person convicted of unlawful sale or delivery | ||||||
21 | of firearms in violation of paragraph (k) of subsection (A) | ||||||
22 | commits a Class 4 felony, except that a violation of | ||||||
23 | subparagraph (1) of paragraph (k) of subsection (A) shall | ||||||
24 | not be punishable as a crime or petty offense. A third or | ||||||
25 | subsequent conviction for a violation of paragraph (k) of | ||||||
26 | subsection (A) is a Class 1 felony.
|
| |||||||
| |||||||
1 | (8) A person 18 years of age or older convicted of | ||||||
2 | unlawful sale or delivery of firearms in violation of | ||||||
3 | paragraph (a) or (i) of subsection (A), when the firearm | ||||||
4 | that was sold or given to another person under 18 years of | ||||||
5 | age was used in the commission of or attempt to commit a | ||||||
6 | forcible felony, shall be fined or imprisoned, or both, not | ||||||
7 | to exceed the maximum provided for the most serious | ||||||
8 | forcible felony so committed or attempted by the person | ||||||
9 | under 18 years of age who was sold or given the firearm. | ||||||
10 | (9) Any person convicted of unlawful sale or delivery | ||||||
11 | of firearms in violation of
paragraph (d) of subsection (A) | ||||||
12 | commits a Class 3 felony. | ||||||
13 | (10) Any person convicted of unlawful sale or delivery | ||||||
14 | of firearms in violation of paragraph (l) of subsection (A) | ||||||
15 | commits a Class 2 felony if the delivery is of one firearm. | ||||||
16 | Any person convicted of unlawful sale or delivery of | ||||||
17 | firearms in violation of paragraph (l) of subsection (A) | ||||||
18 | commits a Class 1 felony if the delivery is of not less | ||||||
19 | than 2 and not more than 5 firearms at the
same time or | ||||||
20 | within a one year period. Any person convicted of unlawful | ||||||
21 | sale or delivery of firearms in violation of paragraph (l) | ||||||
22 | of subsection (A) commits a Class X felony for which he or | ||||||
23 | she shall be sentenced
to a term of imprisonment of not | ||||||
24 | less than 6 years and not more than 30
years if the | ||||||
25 | delivery is of not less than 6 and not more than 10 | ||||||
26 | firearms at the
same time or within a 2 year period. Any |
| |||||||
| |||||||
1 | person convicted of unlawful sale or delivery of firearms | ||||||
2 | in violation of paragraph (l) of subsection (A) commits a | ||||||
3 | Class X felony for which he or she shall be sentenced
to a | ||||||
4 | term of imprisonment of not less than 6 years and not more | ||||||
5 | than 40
years if the delivery is of not less than 11 and | ||||||
6 | not more than 20 firearms at the
same time or within a 3 | ||||||
7 | year period. Any person convicted of unlawful sale or | ||||||
8 | delivery of firearms in violation of paragraph (l) of | ||||||
9 | subsection (A) commits a Class X felony for which he or she | ||||||
10 | shall be sentenced
to a term of imprisonment of not less | ||||||
11 | than 6 years and not more than 50
years if the delivery is | ||||||
12 | of not less than 21 and not more than 30 firearms at the
| ||||||
13 | same time or within a 4 year period. Any person convicted | ||||||
14 | of unlawful sale or delivery of firearms in violation of | ||||||
15 | paragraph (l) of subsection (A) commits a Class X felony | ||||||
16 | for which he or she shall be sentenced
to a term of | ||||||
17 | imprisonment of not less than 6 years and not more than 60
| ||||||
18 | years if the delivery is of 31 or more firearms at the
same | ||||||
19 | time or within a 5 year period. | ||||||
20 | (D) For purposes of this Section:
| ||||||
21 | "School" means a public or private elementary or secondary | ||||||
22 | school,
community college, college, or university.
| ||||||
23 | "School related activity" means any sporting, social, | ||||||
24 | academic, or
other activity for which students' attendance or | ||||||
25 | participation is sponsored,
organized, or funded in whole or in | ||||||
26 | part by a school or school district.
|
| |||||||
| |||||||
1 | (E) A prosecution for a violation of paragraph (k) of | ||||||
2 | subsection (A) of this Section may be commenced within 6 years | ||||||
3 | after the commission of the offense. A prosecution for a | ||||||
4 | violation of this Section other than paragraph (g) of | ||||||
5 | subsection (A) of this Section may be commenced within 5 years | ||||||
6 | after the commission of the offense defined in the particular | ||||||
7 | paragraph.
| ||||||
8 | (Source: P.A. 97-227, eff. 1-1-12; 97-347, eff. 1-1-12; 97-813, | ||||||
9 | eff. 7-13-12; 97-1167, eff. 6-1-13; 98-508, eff. 8-19-13.)
| ||||||
10 | Section 25. The Mental Health and Developmental | ||||||
11 | Disabilities Confidentiality Act is amended by changing | ||||||
12 | Section 12 as follows:
| ||||||
13 | (740 ILCS 110/12) (from Ch. 91 1/2, par. 812)
| ||||||
14 | Sec. 12. (a) If the United States Secret Service or the | ||||||
15 | Department of
State Police requests information from a mental | ||||||
16 | health or developmental
disability facility, as defined in | ||||||
17 | Section 1-107 and 1-114 of the Mental
Health and Developmental | ||||||
18 | Disabilities Code, relating to a specific
recipient and the | ||||||
19 | facility director determines that disclosure of such
| ||||||
20 | information may be necessary to protect the life of, or to | ||||||
21 | prevent
the infliction of great bodily harm to, a public | ||||||
22 | official,
or a person under the protection of the United
States | ||||||
23 | Secret Service, only the following information
may be | ||||||
24 | disclosed: the recipient's name, address, and age and the date |
| |||||||
| |||||||
1 | of
any admission to or discharge from a facility; and any | ||||||
2 | information which
would indicate whether or not the recipient | ||||||
3 | has a history of violence or
presents a danger of violence to | ||||||
4 | the person under protection. Any information
so disclosed shall | ||||||
5 | be used for investigative purposes only and shall not
be | ||||||
6 | publicly disseminated.
Any person participating in good faith | ||||||
7 | in the disclosure of such
information in accordance with this | ||||||
8 | provision shall have immunity from any
liability, civil, | ||||||
9 | criminal or otherwise, if such information is disclosed
relying | ||||||
10 | upon the representation of an officer of the United States | ||||||
11 | Secret
Service or the Department of State Police that a person | ||||||
12 | is under the
protection of the United States Secret Service or | ||||||
13 | is a public official.
| ||||||
14 | For the purpose of this subsection (a), the term "public | ||||||
15 | official" means
the Governor, Lieutenant Governor, Attorney | ||||||
16 | General, Secretary of State,
State Comptroller, State | ||||||
17 | Treasurer, member of the General Assembly, member of the United | ||||||
18 | States Congress, Judge of the United States as defined in 28 | ||||||
19 | U.S.C. 451, Justice of the United States as defined in 28 | ||||||
20 | U.S.C. 451, United States Magistrate Judge as defined in 28 | ||||||
21 | U.S.C. 639, Bankruptcy Judge appointed under 28 U.S.C. 152, or | ||||||
22 | Supreme, Appellate, Circuit, or Associate Judge of the State of | ||||||
23 | Illinois. The
term shall also include the spouse, child or | ||||||
24 | children of a public official.
| ||||||
25 | (b) The Department of Human Services (acting as successor | ||||||
26 | to the
Department of Mental Health and Developmental |
| |||||||
| |||||||
1 | Disabilities) and all
public or private hospitals and mental | ||||||
2 | health facilities are required, as hereafter described in this | ||||||
3 | subsection,
to furnish the Department of State Police only such | ||||||
4 | information as may
be required for the sole purpose of | ||||||
5 | determining whether an individual who
may be or may have been a | ||||||
6 | patient is disqualified because of that status
from receiving | ||||||
7 | or retaining a Firearm Owner's Identification Card or falls | ||||||
8 | within the federal prohibitors under subsection (e), (f), (g), | ||||||
9 | (r), (s), or (t) of Section 8 of the Firearm Owners | ||||||
10 | Identification Card Act, or falls within the federal | ||||||
11 | prohibitors in 18 U.S.C. 922(g) and (n). All physicians, | ||||||
12 | clinical psychologists, or qualified examiners at public or | ||||||
13 | private mental health facilities or parts thereof as defined in | ||||||
14 | this subsection shall, in the form and manner required
by the | ||||||
15 | Department, provide notice directly to the Department of Human | ||||||
16 | Services, or to his or her employer who shall then report to | ||||||
17 | the Department, within 24 hours after determining that a person | ||||||
18 | patient as described in clause (2) of the definition of | ||||||
19 | "patient" in Section 1.1 of the Firearm Owners Identification | ||||||
20 | Card Act poses a clear and present danger to himself, herself, | ||||||
21 | or others, or within 7 days after a person 14 years or older is | ||||||
22 | determined to be developmentally disabled by a physician, | ||||||
23 | clinical psychologist, or qualified examiner as described in | ||||||
24 | Section 1.1 of the Firearm Owners Identification Card Act . If a | ||||||
25 | person is a patient as described in clause (1) of the | ||||||
26 | definition of "patient" in Section 1.1 of the Firearm Owners |
| |||||||
| |||||||
1 | Identification Card Act, this This information shall be | ||||||
2 | furnished within 24 hours after the physician, clinical | ||||||
3 | psychologist, or qualified examiner has made a determination, | ||||||
4 | or within 7 days after
admission to a public or private | ||||||
5 | hospital or mental health facility or the provision of services | ||||||
6 | to a patient described in clause (1) of the definition of | ||||||
7 | "patient" in Section 1.1 of the Firearm Owners Identification | ||||||
8 | Card Act . Any such information disclosed under
this subsection | ||||||
9 | shall
remain privileged and confidential, and shall not be | ||||||
10 | redisclosed, except as required by subsection (e) of Section | ||||||
11 | 3.1 of the Firearm Owners Identification Card Act, nor utilized
| ||||||
12 | for any other purpose. The method of requiring the providing of | ||||||
13 | such
information shall guarantee that no information is | ||||||
14 | released beyond what
is necessary for this purpose. In | ||||||
15 | addition, the information disclosed
shall be provided
by the | ||||||
16 | Department within the time period established by Section 24-3 | ||||||
17 | of the
Criminal Code of 2012 regarding the delivery of | ||||||
18 | firearms. The method used
shall be sufficient to provide the | ||||||
19 | necessary information within the
prescribed time period, which | ||||||
20 | may include periodically providing
lists to the Department of | ||||||
21 | Human Services
or any public or private hospital or mental | ||||||
22 | health facility of Firearm Owner's Identification Card | ||||||
23 | applicants
on which the Department or hospital shall indicate | ||||||
24 | the identities of those
individuals who are to its knowledge | ||||||
25 | disqualified from having a Firearm
Owner's Identification Card | ||||||
26 | for reasons described herein. The Department
may provide for a |
| |||||||
| |||||||
1 | centralized source
of information for the State on this subject | ||||||
2 | under its jurisdiction. The identity of the person reporting | ||||||
3 | under this subsection shall not be disclosed to the subject of | ||||||
4 | the report. For the purposes of this subsection, the physician, | ||||||
5 | clinical psychologist, or qualified examiner making the | ||||||
6 | determination and his or her employer shall not be held | ||||||
7 | criminally, civilly, or professionally liable for making or not | ||||||
8 | making the notification required under this subsection, except | ||||||
9 | for willful or wanton misconduct.
| ||||||
10 | Any person, institution, or agency, under this Act, | ||||||
11 | participating in
good faith in the reporting or disclosure of | ||||||
12 | records and communications
otherwise in accordance with this | ||||||
13 | provision or with rules, regulations or
guidelines issued by | ||||||
14 | the Department shall have immunity from any
liability, civil, | ||||||
15 | criminal or otherwise, that might result by reason of the
| ||||||
16 | action. For the purpose of any proceeding, civil or criminal,
| ||||||
17 | arising out of a report or disclosure in accordance with this | ||||||
18 | provision,
the good faith of any person,
institution, or agency | ||||||
19 | so reporting or disclosing shall be presumed. The
full extent | ||||||
20 | of the immunity provided in this subsection (b) shall apply to
| ||||||
21 | any person, institution or agency that fails to make a report | ||||||
22 | or disclosure
in the good faith belief that the report or | ||||||
23 | disclosure would violate
federal regulations governing the | ||||||
24 | confidentiality of alcohol and drug abuse
patient records | ||||||
25 | implementing 42 U.S.C. 290dd-3 and 290ee-3.
| ||||||
26 | For purposes of this subsection (b) only, the following |
| |||||||
| |||||||
1 | terms shall have
the meaning prescribed:
| ||||||
2 | (1) (Blank).
| ||||||
3 | (1.3) "Clear and present danger" has the meaning as | ||||||
4 | defined in Section 1.1 of the Firearm Owners Identification | ||||||
5 | Card Act. | ||||||
6 | (1.5) "Developmentally disabled" has the meaning as | ||||||
7 | defined in Section 1.1 of the Firearm Owners Identification | ||||||
8 | Card Act.
| ||||||
9 | (2) "Patient" has the meaning as defined in Section 1.1 | ||||||
10 | of the Firearm Owners Identification Card Act.
| ||||||
11 | (3) "Mental health facility" has the meaning as defined | ||||||
12 | in Section 1.1 of the Firearm Owners Identification Card | ||||||
13 | Act.
| ||||||
14 | (c) Upon the request of a peace officer who takes a person | ||||||
15 | into custody
and transports such person to a mental health or | ||||||
16 | developmental disability
facility pursuant to Section 3-606 or | ||||||
17 | 4-404 of the Mental Health and
Developmental Disabilities Code | ||||||
18 | or who transports a person from such facility,
a facility | ||||||
19 | director shall furnish said peace officer the name, address, | ||||||
20 | age
and name of the nearest relative of the person transported | ||||||
21 | to or from the
mental health or developmental disability | ||||||
22 | facility. In no case shall the
facility director disclose to | ||||||
23 | the peace officer any information relating to the
diagnosis, | ||||||
24 | treatment or evaluation of the person's mental or physical | ||||||
25 | health.
| ||||||
26 | For the purposes of this subsection (c), the terms "mental |
| |||||||
| |||||||
1 | health or
developmental disability facility", "peace officer" | ||||||
2 | and "facility director"
shall have the meanings ascribed to | ||||||
3 | them in the Mental Health and
Developmental Disabilities Code.
| ||||||
4 | (d) Upon the request of a peace officer or prosecuting | ||||||
5 | authority who is
conducting a bona fide investigation of a | ||||||
6 | criminal offense, or attempting to
apprehend a fugitive from | ||||||
7 | justice,
a facility director may disclose whether a person is | ||||||
8 | present at the facility.
Upon request of a peace officer or | ||||||
9 | prosecuting authority who has a valid
forcible felony warrant | ||||||
10 | issued, a facility director shall disclose: (1) whether
the | ||||||
11 | person who is the subject of the warrant is present at the | ||||||
12 | facility and (2)
the
date of that person's discharge or future | ||||||
13 | discharge from the facility.
The requesting peace officer or | ||||||
14 | prosecuting authority must furnish a case
number and the | ||||||
15 | purpose of the investigation or an outstanding arrest warrant | ||||||
16 | at
the time of the request. Any person, institution, or agency
| ||||||
17 | participating in good faith in disclosing such information in | ||||||
18 | accordance with
this subsection (d) is immune from any | ||||||
19 | liability, civil, criminal or
otherwise, that might result by | ||||||
20 | reason of the action.
| ||||||
21 | (Source: P.A. 97-1150, eff. 1-25-13; 98-63, eff. 7-9-13.)
| ||||||
22 | Section 99. Effective date. This Act takes effect upon | ||||||
23 | becoming law. |