Full Text of SB2340 100th General Assembly
SB2340sam001 100TH GENERAL ASSEMBLY | Sen. Elgie R. Sims, Jr. Filed: 4/9/2018
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| 1 | | AMENDMENT TO SENATE BILL 2340
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2340 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Firearm Owners Identification Card Act is | 5 | | amended by changing Sections 1, 1.1, 2, 3, 12, and 14 as | 6 | | follows:
| 7 | | (430 ILCS 65/1) (from Ch. 38, par. 83-1)
| 8 | | Sec. 1. It is hereby declared as a matter of legislative | 9 | | determination that
in order to promote and protect the health, | 10 | | safety and welfare of the
public, it is necessary and in the | 11 | | public interest to provide a system of
identifying persons who | 12 | | are not qualified to acquire or possess firearms, firearm | 13 | | ammunition, firearm parts, stun guns, and tasers within the | 14 | | State of Illinois by the establishment of
a system of Firearm | 15 | | Owner's Identification Cards, thereby establishing a
practical | 16 | | and workable system by which law enforcement authorities will |
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| 1 | | be
afforded an opportunity to identify those persons who are | 2 | | prohibited by
Section 24-3.1 of the Criminal Code of 2012, from
| 3 | | acquiring or possessing firearms and firearm ammunition and who | 4 | | are prohibited by this Act from acquiring stun guns and tasers.
| 5 | | (Source: P.A. 97-1150, eff. 1-25-13.)
| 6 | | (430 ILCS 65/1.1) (from Ch. 38, par. 83-1.1)
| 7 | | Sec. 1.1. For purposes of this Act:
| 8 | | "80% receiver blank" means a casting or machined body in | 9 | | which the fire-control cavity area is un-machined and sold as | 10 | | not yet at the stage of manufacture which could result in the | 11 | | classification of it as a firearm under federal law. | 12 | | "Addicted to narcotics" means a person who has been: | 13 | | (1) convicted of an offense involving the use or | 14 | | possession of cannabis, a controlled substance, or | 15 | | methamphetamine within the past year; or | 16 | | (2) determined by the Department of State Police to be | 17 | | addicted to narcotics based upon federal law or federal | 18 | | guidelines. | 19 | | "Addicted to narcotics" does not include possession or use | 20 | | of a prescribed controlled substance under the direction and | 21 | | authority of a physician or other person authorized to | 22 | | prescribe the controlled substance when the controlled | 23 | | substance is used in the prescribed manner. | 24 | | "Adjudicated as a person with a mental disability" means | 25 | | the person is the subject of a determination by a court, board, |
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| 1 | | commission or other lawful authority that the person, as a | 2 | | result of marked subnormal intelligence, or mental illness, | 3 | | mental impairment, incompetency, condition, or disease: | 4 | | (1) presents a clear and present danger to himself, | 5 | | herself, or to others; | 6 | | (2) lacks the mental capacity to manage his or her own | 7 | | affairs or is adjudicated a person with a disability as | 8 | | defined in Section 11a-2 of the Probate Act of 1975; | 9 | | (3) is not guilty in a criminal case by reason of | 10 | | insanity, mental disease or defect; | 11 | | (3.5) is guilty but mentally ill, as provided in | 12 | | Section 5-2-6 of the Unified Code of Corrections; | 13 | | (4) is incompetent to stand trial in a criminal case; | 14 | | (5) is not guilty by reason of lack of mental | 15 | | responsibility under Articles 50a and 72b of the Uniform | 16 | | Code of Military Justice, 10 U.S.C. 850a, 876b;
| 17 | | (6) is a sexually violent person under subsection (f) | 18 | | of Section 5 of the Sexually Violent Persons Commitment | 19 | | Act; | 20 | | (7) is a sexually dangerous person under the Sexually | 21 | | Dangerous Persons Act; | 22 | | (8) is unfit to stand trial under the Juvenile Court | 23 | | Act of 1987; | 24 | | (9) is not guilty by reason of insanity under the | 25 | | Juvenile Court Act of 1987; | 26 | | (10) is subject to involuntary admission as an |
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| 1 | | inpatient as defined in Section 1-119 of the Mental Health | 2 | | and Developmental Disabilities Code; | 3 | | (11) is subject to involuntary admission as an | 4 | | outpatient as defined in Section 1-119.1 of the Mental | 5 | | Health and Developmental Disabilities Code; | 6 | | (12) is subject to judicial admission as set forth in | 7 | | Section 4-500 of the Mental Health and Developmental | 8 | | Disabilities Code; or | 9 | | (13) is subject to the provisions of the Interstate | 10 | | Agreements on Sexually Dangerous Persons Act. | 11 | | "Barrel" means the tube, either rifled or smooth, through | 12 | | which the projectile travels. | 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 | | "Federally licensed firearm dealer" means a person who is | 7 | | licensed as a federal firearms dealer under Section 923 of the | 8 | | federal Gun Control Act of 1968 (18 U.S.C. 923).
| 9 | | "Firearm" means any device, by
whatever name known, which | 10 | | is designed to expel a projectile or projectiles
by the action | 11 | | of an explosion, expansion of gas or escape of gas; excluding,
| 12 | | however:
| 13 | | (1) any pneumatic gun, spring gun, paint ball gun, or | 14 | | B-B gun which
expels a single globular projectile not | 15 | | exceeding .18 inch in
diameter or which has a maximum | 16 | | muzzle velocity of less than 700 feet
per second;
| 17 | | (1.1) any pneumatic gun, spring gun, paint ball gun, or | 18 | | B-B gun which expels breakable paint balls containing | 19 | | washable marking colors; | 20 | | (2) any device used exclusively for signalling or | 21 | | safety and required or
recommended by the United States | 22 | | Coast Guard or the Interstate Commerce
Commission;
| 23 | | (3) any device used exclusively for the firing of stud | 24 | | cartridges,
explosive rivets or similar industrial | 25 | | ammunition; and
| 26 | | (4) an antique firearm (other than a machine-gun) |
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| 1 | | which, although
designed as a weapon, the Department of | 2 | | State Police finds by reason of
the date of its | 3 | | manufacture, value, design, and other characteristics is
| 4 | | primarily a collector's item and is not likely to be used | 5 | | as a weapon.
| 6 | | "Firearm ammunition" means any self-contained cartridge or | 7 | | shotgun
shell, by whatever name known, which is designed to be | 8 | | used or adaptable to
use in a firearm; excluding, however:
| 9 | | (1) any ammunition exclusively designed for use with a | 10 | | device used
exclusively for signalling or safety and | 11 | | required or recommended by the
United States Coast Guard or | 12 | | the Interstate Commerce Commission; and
| 13 | | (2) any ammunition designed exclusively for use with a | 14 | | stud or rivet
driver or other similar industrial | 15 | | ammunition. | 16 | | "Firearm part" means an 80% receiver blank, barrel, firing | 17 | | pin, or receiver as defined in this Act. | 18 | | "Firing pin" means a movable pin or spring that strikes the | 19 | | cartridge primer that ignites the charge of the projectile. | 20 | | "Gun show" means an event or function: | 21 | | (1) at which the sale and transfer of firearms is the | 22 | | regular and normal course of business and where 50 or more | 23 | | firearms are displayed, offered, or exhibited for sale, | 24 | | transfer, or exchange; or | 25 | | (2) at which not less than 10 gun show vendors display, | 26 | | offer, or exhibit for sale, sell, transfer, or exchange |
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| 1 | | firearms.
| 2 | | "Gun show" includes the entire premises provided for an | 3 | | event or function, including parking areas for the event or | 4 | | function, that is sponsored to facilitate the purchase, sale, | 5 | | transfer, or exchange of firearms as described in this Section.
| 6 | | Nothing in this definition shall be construed to exclude a gun | 7 | | show held in conjunction with competitive shooting events at | 8 | | the World Shooting Complex sanctioned by a national governing | 9 | | body in which the sale or transfer of firearms is authorized | 10 | | under subparagraph (5) of paragraph (g) of subsection (A) of | 11 | | Section 24-3 of the Criminal Code of 2012. | 12 | | Unless otherwise expressly stated, "gun show" does not | 13 | | include training or safety classes, competitive shooting | 14 | | events, such as rifle, shotgun, or handgun matches, trap, | 15 | | skeet, or sporting clays shoots, dinners, banquets, raffles, or
| 16 | | any other event where the sale or transfer of firearms is not | 17 | | the primary course of business. | 18 | | "Gun show promoter" means a person who organizes or | 19 | | operates a gun show. | 20 | | "Gun show vendor" means a person who exhibits, sells, | 21 | | offers for sale, transfers, or exchanges any firearms at a gun | 22 | | show, regardless of whether the person arranges with a gun show | 23 | | promoter for a fixed location from which to exhibit, sell, | 24 | | offer for sale, transfer, or exchange any firearm. | 25 | | "Involuntarily admitted" has the meaning as prescribed in | 26 | | Sections 1-119 and 1-119.1 of the Mental Health and |
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| 1 | | Developmental Disabilities Code. | 2 | | "Mental health facility" means any licensed private | 3 | | hospital or hospital affiliate, institution, or facility, or | 4 | | part thereof, and any facility, or part thereof, operated by | 5 | | the State or a political subdivision thereof which provide | 6 | | treatment of persons with mental illness and includes all | 7 | | hospitals, institutions, clinics, evaluation facilities, | 8 | | mental health centers, colleges, universities, long-term care | 9 | | facilities, and nursing homes, or parts thereof, which provide | 10 | | treatment of persons with mental illness whether or not the | 11 | | primary purpose is to provide treatment of persons with mental | 12 | | illness. | 13 | | "National governing body" means a group of persons who | 14 | | adopt rules and formulate policy on behalf of a national | 15 | | firearm sporting organization. | 16 | | "Patient" means: | 17 | | (1) a person who voluntarily receives mental health | 18 | | treatment as an in-patient or resident of any public or | 19 | | private mental health facility, unless the treatment was | 20 | | solely for an alcohol abuse disorder and no other secondary | 21 | | substance abuse disorder or mental illness; or | 22 | | (2) a person who voluntarily receives mental health | 23 | | treatment as an out-patient or is provided services by a | 24 | | public or private mental health facility, and who poses a | 25 | | clear and present danger to himself, herself, or to others. | 26 | | "Person with a developmental disability" means a person |
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| 1 | | with a disability which is attributable to any other condition | 2 | | which results in impairment similar to that caused by an | 3 | | intellectual disability and which requires services similar to | 4 | | those required by persons with intellectual disabilities. The | 5 | | disability must originate before the age of 18
years, be | 6 | | expected to continue indefinitely, and constitute a | 7 | | substantial disability. This disability results, in the | 8 | | professional opinion of a physician, clinical psychologist, or | 9 | | qualified examiner, in significant functional limitations in 3 | 10 | | or more of the following areas of major life activity: | 11 | | (i) self-care; | 12 | | (ii) receptive and expressive language; | 13 | | (iii) learning; | 14 | | (iv) mobility; or | 15 | | (v) self-direction. | 16 | | "Person with an intellectual disability" means a person | 17 | | with a significantly subaverage general intellectual | 18 | | functioning which exists concurrently with impairment in | 19 | | adaptive behavior and which originates before the age of 18 | 20 | | years. | 21 | | "Physician" has the meaning as defined in Section 1-120 of | 22 | | the Mental Health and Developmental Disabilities Code. | 23 | | "Qualified examiner" has the meaning provided in Section | 24 | | 1-122 of the Mental Health and Developmental Disabilities Code. | 25 | | "Receiver" means the part of a firearm that provides | 26 | | housing for the hammer, bolt, or breechblock and firing |
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| 1 | | mechanism which is usually threaded at its forward portion to | 2 | | receive the barrel, including a frame or receiver blank, | 3 | | casting, or machined body that requires further machining or | 4 | | molding to be used as a part of a functional firearm which was | 5 | | designed and clearly identifiable as being used to be | 6 | | exclusively a part of a firearm. | 7 | | "Sanctioned competitive shooting event" means a shooting | 8 | | contest officially recognized by a national or state shooting | 9 | | sport association, and includes any sight-in or practice | 10 | | conducted in conjunction with the event.
| 11 | | "School administrator" means the person required to report | 12 | | under the School Administrator Reporting of Mental Health Clear | 13 | | and Present Danger Determinations Law. | 14 | | "Stun gun or taser" has the meaning ascribed to it in | 15 | | Section 24-1 of the Criminal Code of 2012. | 16 | | (Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15; 99-143, | 17 | | eff. 7-27-15; 99-642, eff. 7-28-16.)
| 18 | | (430 ILCS 65/2) (from Ch. 38, par. 83-2)
| 19 | | Sec. 2. Firearm Owner's Identification Card required; | 20 | | exceptions.
| 21 | | (a) (1) No person may acquire or possess any firearm, stun | 22 | | gun, or taser within this State
without having in his or her | 23 | | possession a Firearm Owner's Identification Card
previously | 24 | | issued in his or her name by the Department of State Police | 25 | | under
the provisions of this Act.
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| 1 | | (2) No person may acquire or possess firearm ammunition | 2 | | within this
State without having in his or her possession a | 3 | | Firearm Owner's Identification
Card previously issued in his or | 4 | | her name by the Department of State Police
under the provisions | 5 | | of this Act.
| 6 | | (3) No person may acquire or possess any firearm part, | 7 | | unless otherwise exempted under the Act, which can be used to | 8 | | assemble or modify a firearm without having in his or her | 9 | | possession a Firearm Owner's Identification Card
previously | 10 | | issued in his or her name by the Department of State Police. | 11 | | (b) The provisions of this Section regarding the possession | 12 | | of firearms, firearm ammunition, firearm parts, stun guns, and | 13 | | tasers do not apply to:
| 14 | | (1) United States Marshals, while engaged in the | 15 | | operation of their
official duties;
| 16 | | (2) Members of the Armed Forces of the United States or | 17 | | the National
Guard, while engaged in the operation of their | 18 | | official duties;
| 19 | | (3) Federal officials required to carry firearms, | 20 | | while engaged in the
operation of their official duties;
| 21 | | (4) Members of bona fide veterans organizations which | 22 | | receive firearms
directly from the armed forces of the | 23 | | United States, while using the
firearms for ceremonial | 24 | | purposes with blank ammunition;
| 25 | | (5) Nonresident hunters during hunting season, with | 26 | | valid nonresident
hunting licenses and while in an area |
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| 1 | | where hunting is permitted; however,
at all other times and | 2 | | in all other places these persons must have their
firearms | 3 | | unloaded and enclosed in a case;
| 4 | | (6) Those hunters exempt from obtaining a hunting | 5 | | license who are
required to submit their Firearm Owner's | 6 | | Identification Card when hunting
on Department of Natural | 7 | | Resources owned or managed sites;
| 8 | | (7) Nonresidents while on a firing or shooting range | 9 | | recognized by the
Department of State Police; however, | 10 | | these persons must at all other times
and in all other | 11 | | places have their firearms unloaded and enclosed in a case;
| 12 | | (8) Nonresidents while at a firearm showing or display | 13 | | recognized by
the Department of State Police; however, at | 14 | | all other times and in all
other places these persons must | 15 | | have their firearms unloaded and enclosed
in a case;
| 16 | | (9) Nonresidents whose firearms are unloaded and | 17 | | enclosed in a case;
| 18 | | (10) Nonresidents who are currently licensed or | 19 | | registered to possess a
firearm in their resident state;
| 20 | | (11) Unemancipated minors while in the custody and | 21 | | immediate control of
their parent or legal guardian or | 22 | | other person in loco parentis to the
minor if the parent or | 23 | | legal guardian or other person in loco parentis to
the | 24 | | minor has a currently valid Firearm Owner's Identification
| 25 | | Card;
| 26 | | (12) Color guards of bona fide veterans organizations |
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| 1 | | or members of bona
fide American Legion bands while using | 2 | | firearms for ceremonial purposes
with blank ammunition;
| 3 | | (13) Nonresident hunters whose state of residence does | 4 | | not require
them to be licensed or registered to possess a | 5 | | firearm and only during
hunting season, with valid hunting | 6 | | licenses, while accompanied by, and
using a firearm owned | 7 | | by, a person who possesses a valid Firearm Owner's
| 8 | | Identification Card and while in an area within a | 9 | | commercial club licensed
under the Wildlife Code where | 10 | | hunting is permitted and controlled, but in
no instance | 11 | | upon sites owned or managed by the Department of Natural
| 12 | | Resources;
| 13 | | (14) Resident hunters who are properly authorized to | 14 | | hunt and,
while accompanied by a person who possesses a | 15 | | valid Firearm Owner's
Identification Card, hunt in an area | 16 | | within a commercial club licensed
under the Wildlife Code | 17 | | where hunting is permitted and controlled;
| 18 | | (15) A person who is otherwise eligible to obtain a | 19 | | Firearm Owner's
Identification Card under this Act and is | 20 | | under the direct supervision of a
holder of a Firearm
| 21 | | Owner's Identification Card who is 21 years of age or older | 22 | | while the person is
on a firing or shooting range
or is a
| 23 | | participant in a firearms safety and training course | 24 | | recognized by a law
enforcement agency or a national, | 25 | | statewide shooting sports organization; and
| 26 | | (16) Competitive shooting athletes whose competition |
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| 1 | | firearms are sanctioned by the International Olympic | 2 | | Committee, the International Paralympic Committee, the | 3 | | International Shooting Sport Federation, or USA Shooting | 4 | | in connection with such athletes' training for and | 5 | | participation in shooting competitions at the 2016 Olympic | 6 | | and Paralympic Games and sanctioned test events leading up | 7 | | to the 2016 Olympic and Paralympic Games. | 8 | | (c) The provisions of this Section regarding the | 9 | | acquisition and possession
of firearms, firearm ammunition, | 10 | | firearm parts, stun guns, and tasers do not apply to law | 11 | | enforcement officials
of this or any other jurisdiction, while | 12 | | engaged in the operation of their
official duties.
| 13 | | (c-5) The provisions of paragraphs (1) and (2) of | 14 | | subsection (a) of this Section regarding the possession of | 15 | | firearms
and firearm ammunition do not apply to the holder of a | 16 | | valid concealed carry
license issued under the Firearm | 17 | | Concealed Carry Act who is in physical
possession of the | 18 | | concealed carry license. | 19 | | (d) Any person who becomes a resident of this State, who is | 20 | | not otherwise prohibited from obtaining, possessing, or using a | 21 | | firearm or firearm ammunition, shall not be required to have a | 22 | | Firearm Owner's Identification Card to possess firearms or | 23 | | firearms ammunition until 60 calendar days after he or she | 24 | | obtains an Illinois driver's license or Illinois | 25 | | Identification Card. | 26 | | (Source: P.A. 99-29, eff. 7-10-15.)
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| 1 | | (430 ILCS 65/3) (from Ch. 38, par. 83-3) | 2 | | Sec. 3. (a) Except as provided in Section 3a, no person may | 3 | | knowingly
transfer, or cause to be transferred, any firearm, | 4 | | firearm ammunition, firearm part, stun gun, or taser to any | 5 | | person within this State unless the
transferee with whom he | 6 | | deals displays either: (1) a currently valid Firearm Owner's
| 7 | | Identification Card which has previously been issued in his or | 8 | | her name by the
Department of State Police under the provisions | 9 | | of this Act; or (2) a currently valid license to carry a | 10 | | concealed firearm which has previously been issued in his or | 11 | | her name by the
Department of State Police under the Firearm | 12 | | Concealed Carry Act. In addition,
all firearm, stun gun, and | 13 | | taser transfers by federally licensed firearm dealers are | 14 | | subject
to Section 3.1. | 15 | | (a-5) Any person who is not a federally licensed firearm | 16 | | dealer and who desires to transfer or sell a firearm while that | 17 | | person is on the grounds of a gun show must, before selling or | 18 | | transferring the firearm, request the Department of State | 19 | | Police to conduct a background check on the prospective | 20 | | recipient of the firearm in accordance with Section 3.1.
| 21 | | (a-10) Notwithstanding item (2) of subsection (a) of this | 22 | | Section, any person who is not a federally licensed firearm | 23 | | dealer and who desires to transfer or sell a firearm or | 24 | | firearms to any person who is not a federally licensed firearm | 25 | | dealer shall, before selling or transferring the firearms, |
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| 1 | | contact the Department of State Police with the transferee's or | 2 | | purchaser's Firearm Owner's Identification Card number to | 3 | | determine the validity of the transferee's or purchaser's | 4 | | Firearm Owner's Identification Card. This subsection shall not | 5 | | be effective until January 1, 2014. The Department of State | 6 | | Police may adopt rules concerning the implementation of this | 7 | | subsection. The Department of State Police shall provide the | 8 | | seller or transferor an approval number if the purchaser's | 9 | | Firearm Owner's Identification Card is valid. Approvals issued | 10 | | by the Department for the purchase of a firearm pursuant to | 11 | | this subsection are valid for 30 days from the date of issue. | 12 | | (a-15) The provisions of subsection (a-10) of this Section | 13 | | do not apply to: | 14 | | (1) transfers that occur at the place of business of a | 15 | | federally licensed firearm dealer, if the federally | 16 | | licensed firearm dealer conducts a background check on the | 17 | | prospective recipient of the firearm in accordance with | 18 | | Section 3.1 of this Act and follows all other applicable | 19 | | federal, State, and local laws as if he or she were the | 20 | | seller or transferor of the firearm, although the dealer is | 21 | | not required to accept the firearm into his or her | 22 | | inventory. The purchaser or transferee may be required by | 23 | | the federally licensed firearm dealer to pay a fee not to | 24 | | exceed $10 per firearm, which the dealer may retain as | 25 | | compensation for performing the functions required under | 26 | | this paragraph, plus the applicable fees authorized by |
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| 1 | | Section 3.1; | 2 | | (2) transfers as a bona fide gift to the transferor's | 3 | | husband, wife, son, daughter, stepson, stepdaughter, | 4 | | father, mother, stepfather, stepmother, brother, sister, | 5 | | nephew, niece, uncle, aunt, grandfather, grandmother, | 6 | | grandson, granddaughter, father-in-law, mother-in-law, | 7 | | son-in-law, or daughter-in-law; | 8 | | (3) transfers by persons acting pursuant to operation | 9 | | of law or a court order; | 10 | | (4) transfers on the grounds of a gun show under | 11 | | subsection (a-5) of this Section; | 12 | | (5) the delivery of a firearm by its owner to a | 13 | | gunsmith for service or repair, the return of the firearm | 14 | | to its owner by the gunsmith, or the delivery of a firearm | 15 | | by a gunsmith to a federally licensed firearms dealer for | 16 | | service or repair and the return of the firearm to the | 17 | | gunsmith; | 18 | | (6) temporary transfers that occur while in the home of | 19 | | the unlicensed transferee, if the unlicensed transferee is | 20 | | not otherwise prohibited from possessing firearms and the | 21 | | unlicensed transferee reasonably believes that possession | 22 | | of the firearm is necessary to prevent imminent death or | 23 | | great bodily harm to the unlicensed transferee; | 24 | | (7) transfers to a law enforcement or corrections | 25 | | agency or a law enforcement or corrections officer acting | 26 | | within the course and scope of his or her official duties; |
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| 1 | | (8) transfers of firearms that have been rendered | 2 | | permanently inoperable to a nonprofit historical society, | 3 | | museum, or institutional collection; and | 4 | | (9) transfers to a person who is exempt from the | 5 | | requirement of possessing a Firearm Owner's Identification | 6 | | Card under Section 2 of this Act. | 7 | | (a-20) The Department of State Police shall develop an | 8 | | Internet-based system for individuals to determine the | 9 | | validity of a Firearm Owner's Identification Card prior to the | 10 | | sale or transfer of a firearm. The Department shall have the | 11 | | Internet-based system completed and available for use by July | 12 | | 1, 2015. The Department shall adopt rules not inconsistent with | 13 | | this Section to implement this system. | 14 | | (b) Any person within this State who transfers or causes to | 15 | | be
transferred any firearm, stun gun, or taser shall keep a | 16 | | record of such transfer for a period
of 10 years from the date | 17 | | of transfer. Such record shall contain the date
of the | 18 | | transfer; the description, serial number or other information
| 19 | | identifying the firearm, stun gun, or taser if no serial number | 20 | | is available; and, if the
transfer was completed within this | 21 | | State, the transferee's Firearm Owner's
Identification Card | 22 | | number and any approval number or documentation provided by the | 23 | | Department of State Police pursuant to subsection (a-10) of | 24 | | this Section. On or after January 1, 2006, the record shall | 25 | | contain the date of application for transfer of the firearm. On | 26 | | demand of a peace officer such transferor
shall produce for |
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| 1 | | inspection such record of transfer. If the transfer or sale | 2 | | took place at a gun show, the record shall include the unique | 3 | | identification number. Failure to record the unique | 4 | | identification number or approval number is a petty offense.
| 5 | | (b-5) Any resident may purchase ammunition from a person | 6 | | within or outside of Illinois if shipment is by United States | 7 | | mail or by a private express carrier authorized by federal law | 8 | | to ship ammunition. Any resident purchasing ammunition within | 9 | | or outside the State of Illinois must provide the seller with a | 10 | | copy of his or her valid Firearm Owner's Identification Card or | 11 | | valid concealed carry license and either his or her Illinois | 12 | | driver's license or Illinois State Identification Card prior to | 13 | | the shipment of the ammunition. The ammunition may be shipped | 14 | | only to an address on either of those 2 documents. | 15 | | (c) The provisions of this Section regarding the transfer | 16 | | of firearm
ammunition shall not apply to those persons | 17 | | specified in paragraph (b) of
Section 2 of this Act. | 18 | | (Source: P.A. 98-508, eff. 8-19-13; 99-29, eff. 7-10-15.)
| 19 | | (430 ILCS 65/12) (from Ch. 38, par. 83-12)
| 20 | | Sec. 12.
The provisions of this Act shall not apply to the | 21 | | passing or
transfer of any firearm , or firearm ammunition , or | 22 | | firearm part upon the death of the owner
thereof to his heir or | 23 | | legatee or to the passing or transfer of any firearm
or firearm | 24 | | ammunition incident to any legal proceeding or action until 60
| 25 | | days after such passing or transfer.
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| 1 | | (Source: Laws 1967, p. 2600.)
| 2 | | (430 ILCS 65/14) (from Ch. 38, par. 83-14)
| 3 | | Sec. 14. Sentence.
| 4 | | (a) Except as provided in subsection (a-5), a violation of | 5 | | paragraph (1) or (3) of subsection (a) of Section 2, when the
| 6 | | person's Firearm Owner's
Identification Card is expired but the | 7 | | person is not otherwise disqualified
from renewing the card, is | 8 | | a Class A misdemeanor.
| 9 | | (a-5) A violation of paragraph (1) or (3) of subsection (a) | 10 | | of Section 2, when the
person's Firearm Owner's
Identification | 11 | | Card is expired but the person is not otherwise disqualified
| 12 | | from owning, purchasing, or possessing firearms, is a petty | 13 | | offense if the card was expired for 6 months or less from the | 14 | | date of expiration. | 15 | | (b) Except as provided in subsection (a) with respect to an | 16 | | expired
card, a violation of paragraph (1) or (3) of subsection | 17 | | (a) of Section 2 is a
Class A misdemeanor when the person does | 18 | | not possess a currently valid Firearm
Owner's Identification | 19 | | Card, but is otherwise eligible under this Act. A
second or | 20 | | subsequent violation is a Class 4 felony.
| 21 | | (c) A violation of paragraph (1) or (3) of subsection (a) | 22 | | of Section 2 is a Class
3 felony when:
| 23 | | (1) the person's Firearm Owner's Identification Card | 24 | | is revoked or
subject to revocation under Section 8; or
| 25 | | (2) the person's Firearm Owner's Identification Card |
| | | 10000SB2340sam001 | - 21 - | LRB100 17958 SLF 38116 a |
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| 1 | | is expired and not
otherwise eligible for renewal under | 2 | | this Act; or
| 3 | | (3) the person does not possess a currently valid | 4 | | Firearm Owner's
Identification Card, and the person is not | 5 | | otherwise eligible under this
Act.
| 6 | | (d) A violation of subsection (a) of Section 3 is a Class 4 | 7 | | felony.
A third or subsequent conviction is a Class 1 felony.
| 8 | | (d-5) Any person who knowingly enters false information on | 9 | | an application
for a Firearm Owner's Identification Card, who | 10 | | knowingly gives a false answer
to any question on the | 11 | | application, or who knowingly submits false evidence in
| 12 | | connection with an application is guilty of a Class 2 felony.
| 13 | | (e) Except as provided by Section 6.1 of this Act, any | 14 | | other
violation of this Act is a Class A misdemeanor.
| 15 | | (Source: P.A. 97-1131, eff. 1-1-13.)
| 16 | | Section 99. Effective date. This Act takes effect upon | 17 | | becoming law.".
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