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1 | AN ACT concerning safety.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Firearm Owners Identification Card Act is | |||||||||||||||||||||||||
5 | amended by changing Sections 2 and 3 and by adding Section 6.2 | |||||||||||||||||||||||||
6 | as follows:
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7 | (430 ILCS 65/2) (from Ch. 38, par. 83-2)
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8 | Sec. 2. Firearm Owner's Identification Card required; | |||||||||||||||||||||||||
9 | exceptions.
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10 | (a) (1) A No person shall not may acquire or possess any | |||||||||||||||||||||||||
11 | firearm, stun gun, or taser within this State
without | |||||||||||||||||||||||||
12 | possessing having in his or her possession a Firearm Owner's | |||||||||||||||||||||||||
13 | Identification Card
previously issued in his or her name by the | |||||||||||||||||||||||||
14 | Department of State Police under
the provisions of this Act.
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15 | (2) A No person shall not may acquire or possess firearm | |||||||||||||||||||||||||
16 | ammunition within this
State without possessing having in his | |||||||||||||||||||||||||
17 | or her possession a Firearm Owner's Identification
Card | |||||||||||||||||||||||||
18 | previously issued in his or her name by the Department of State | |||||||||||||||||||||||||
19 | Police
under the provisions of this Act.
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20 | (b) The provisions of this Section regarding the possession | |||||||||||||||||||||||||
21 | of firearms, firearm ammunition, stun guns, and tasers do not | |||||||||||||||||||||||||
22 | apply to:
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23 | (1) United States Marshals, while engaged in the |
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1 | operation of their
official duties;
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2 | (2) Members of the Armed Forces of the United States or | ||||||
3 | the National
Guard, while engaged in the operation of their | ||||||
4 | official duties;
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5 | (3) Federal officials required to carry firearms, | ||||||
6 | while engaged in the
operation of their official duties;
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7 | (4) Members of bona fide veterans organizations which | ||||||
8 | receive firearms
directly from the armed forces of the | ||||||
9 | United States, while using the
firearms for ceremonial | ||||||
10 | purposes with blank ammunition;
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11 | (5) Nonresident hunters during hunting season, with | ||||||
12 | valid nonresident
hunting licenses and while in an area | ||||||
13 | where hunting is permitted; however,
at all other times and | ||||||
14 | in all other places these persons must have their
firearms | ||||||
15 | unloaded and enclosed in a case;
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16 | (6) Those hunters exempt from obtaining a hunting | ||||||
17 | license who are
required to submit their Firearm Owner's | ||||||
18 | Identification Card when hunting
on Department of Natural | ||||||
19 | Resources owned or managed sites;
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20 | (7) Nonresidents while on a firing or shooting range | ||||||
21 | recognized by the
Department of State Police; however, | ||||||
22 | these persons must at all other times
and in all other | ||||||
23 | places have their firearms unloaded and enclosed in a case;
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24 | (8) Nonresidents while at a firearm showing or display | ||||||
25 | recognized by
the Department of State Police; however, at | ||||||
26 | all other times and in all
other places these persons must |
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1 | have their firearms unloaded and enclosed
in a case;
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2 | (9) Nonresidents whose firearms are unloaded and | ||||||
3 | enclosed in a case;
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4 | (10) Nonresidents who are currently licensed or | ||||||
5 | registered to possess a
firearm in their resident state;
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6 | (11) Unemancipated minors while in the custody and | ||||||
7 | immediate control of
their parent or legal guardian or | ||||||
8 | other person in loco parentis to the
minor if the parent or | ||||||
9 | legal guardian or other person in loco parentis to
the | ||||||
10 | minor possesses has a currently valid Firearm Owner's | ||||||
11 | Identification
Card;
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12 | (12) Color guards of bona fide veterans organizations | ||||||
13 | or members of bona
fide American Legion bands while using | ||||||
14 | firearms for ceremonial purposes
with blank ammunition;
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15 | (13) Nonresident hunters whose state of residence does | ||||||
16 | not require
them to be licensed or registered to possess a | ||||||
17 | firearm and only during
hunting season, with valid hunting | ||||||
18 | licenses, while accompanied by, and
using a firearm owned | ||||||
19 | by, a person who possesses a valid Firearm Owner's
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20 | Identification Card and while in an area within a | ||||||
21 | commercial club licensed
under the Wildlife Code where | ||||||
22 | hunting is permitted and controlled, but in
no instance | ||||||
23 | upon sites owned or managed by the Department of Natural
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24 | Resources;
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25 | (14) Resident hunters who are properly authorized to | ||||||
26 | hunt and,
while accompanied by a person who possesses a |
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1 | valid Firearm Owner's
Identification Card, hunt in an area | ||||||
2 | within a commercial club licensed
under the Wildlife Code | ||||||
3 | where hunting is permitted and controlled;
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4 | (15) A person who is otherwise eligible to obtain a | ||||||
5 | Firearm Owner's
Identification Card under this Act and is | ||||||
6 | under the direct supervision of a
holder of a Firearm
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7 | Owner's Identification Card who is 21 years of age or older | ||||||
8 | while the person is
on a firing or shooting range
or is a
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9 | participant in a firearms safety and training course | ||||||
10 | recognized by a law
enforcement agency or a national, | ||||||
11 | statewide shooting sports organization; and
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12 | (16) Competitive shooting athletes whose competition | ||||||
13 | firearms are sanctioned by the International Olympic | ||||||
14 | Committee, the International Paralympic Committee, the | ||||||
15 | International Shooting Sport Federation, or USA Shooting | ||||||
16 | in connection with such athletes' training for and | ||||||
17 | participation in shooting competitions at the 2016 Olympic | ||||||
18 | and Paralympic Games and sanctioned test events leading up | ||||||
19 | to the 2016 Olympic and Paralympic Games. | ||||||
20 | (c) The provisions of this Section regarding the | ||||||
21 | acquisition and possession
of firearms, firearm ammunition, | ||||||
22 | stun guns, and tasers do not apply to law enforcement officials
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23 | of this or any other jurisdiction, while engaged in the | ||||||
24 | operation of their
official duties.
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25 | (c-5) The provisions of paragraphs (1) and (2) of | ||||||
26 | subsection (a) of this Section regarding the possession of |
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1 | firearms
and firearm ammunition do not apply to the holder of a | ||||||
2 | valid concealed carry
license issued under the Firearm | ||||||
3 | Concealed Carry Act who possesses a is in physical
possession | ||||||
4 | of the concealed carry license. | ||||||
5 | (d) Any person who becomes a resident of this State, who is | ||||||
6 | not otherwise prohibited from obtaining, possessing, or using a | ||||||
7 | firearm or firearm ammunition, shall not be required to have a | ||||||
8 | Firearm Owner's Identification Card to possess firearms or | ||||||
9 | firearms ammunition until 60 calendar days after he or she | ||||||
10 | obtains an Illinois driver's license or Illinois | ||||||
11 | Identification Card. | ||||||
12 | (Source: P.A. 99-29, eff. 7-10-15.)
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13 | (430 ILCS 65/3) (from Ch. 38, par. 83-3) | ||||||
14 | Sec. 3. (a) Except as provided in Section 3a, no person may | ||||||
15 | knowingly
transfer, or cause to be transferred, any firearm, | ||||||
16 | firearm ammunition, stun gun, or taser to any person within | ||||||
17 | this State unless the
transferee with whom he or she deals | ||||||
18 | possesses displays either: (1) a currently valid Firearm | ||||||
19 | Owner's
Identification Card which has previously been issued in | ||||||
20 | his or her name by the
Department of State Police under the | ||||||
21 | provisions of this Act; or (2) a currently valid license to | ||||||
22 | carry a concealed firearm which has previously been issued in | ||||||
23 | his or her name by the
Department of State Police under the | ||||||
24 | Firearm Concealed Carry Act. In addition,
all firearm, stun | ||||||
25 | gun, and taser transfers by federally licensed firearm dealers |
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1 | are subject
to Section 3.1. | ||||||
2 | (a-5) Any person who is not a federally licensed firearm | ||||||
3 | dealer and who desires to transfer or sell a firearm while that | ||||||
4 | person is on the grounds of a gun show must, before selling or | ||||||
5 | transferring the firearm, request the Department of State | ||||||
6 | Police to conduct a background check on the prospective | ||||||
7 | recipient of the firearm in accordance with Section 3.1.
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8 | (a-10) Notwithstanding item (2) of subsection (a) of this | ||||||
9 | Section, any person who is not a federally licensed firearm | ||||||
10 | dealer and who desires to transfer or sell a firearm or | ||||||
11 | firearms to any person who is not a federally licensed firearm | ||||||
12 | dealer shall, before selling or transferring the firearms, | ||||||
13 | contact the Department of State Police with the transferee's or | ||||||
14 | purchaser's Firearm Owner's Identification Card number to | ||||||
15 | determine the validity of the transferee's or purchaser's | ||||||
16 | Firearm Owner's Identification Card. This subsection (a-10) | ||||||
17 | shall not be effective until January 1, 2014. The Department of | ||||||
18 | State Police may adopt rules concerning the implementation of | ||||||
19 | this subsection (a-10) . The Department of State Police shall | ||||||
20 | provide the seller or transferor an approval number if the | ||||||
21 | purchaser's Firearm Owner's Identification Card is valid. | ||||||
22 | Approvals issued by the Department for the purchase of a | ||||||
23 | firearm pursuant to this subsection are valid for 30 days from | ||||||
24 | the date of issue. | ||||||
25 | (a-15) The provisions of subsection (a-10) of this Section | ||||||
26 | do not apply to: |
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1 | (1) transfers that occur at the place of business of a | ||||||
2 | federally licensed firearm dealer, if the federally | ||||||
3 | licensed firearm dealer conducts a background check on the | ||||||
4 | prospective recipient of the firearm in accordance with | ||||||
5 | Section 3.1 of this Act and follows all other applicable | ||||||
6 | federal, State, and local laws as if he or she were the | ||||||
7 | seller or transferor of the firearm, although the dealer is | ||||||
8 | not required to accept the firearm into his or her | ||||||
9 | inventory. The purchaser or transferee may be required by | ||||||
10 | the federally licensed firearm dealer to pay a fee not to | ||||||
11 | exceed $10 per firearm, which the dealer may retain as | ||||||
12 | compensation for performing the functions required under | ||||||
13 | this paragraph, plus the applicable fees authorized by | ||||||
14 | Section 3.1; | ||||||
15 | (2) transfers as a bona fide gift to the transferor's | ||||||
16 | husband, wife, son, daughter, stepson, stepdaughter, | ||||||
17 | father, mother, stepfather, stepmother, brother, sister, | ||||||
18 | nephew, niece, uncle, aunt, grandfather, grandmother, | ||||||
19 | grandson, granddaughter, father-in-law, mother-in-law, | ||||||
20 | son-in-law, or daughter-in-law; | ||||||
21 | (3) transfers by persons acting pursuant to operation | ||||||
22 | of law or a court order; | ||||||
23 | (4) transfers on the grounds of a gun show under | ||||||
24 | subsection (a-5) of this Section; | ||||||
25 | (5) the delivery of a firearm by its owner to a | ||||||
26 | gunsmith for service or repair, the return of the firearm |
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1 | to its owner by the gunsmith, or the delivery of a firearm | ||||||
2 | by a gunsmith to a federally licensed firearms dealer for | ||||||
3 | service or repair and the return of the firearm to the | ||||||
4 | gunsmith; | ||||||
5 | (6) temporary transfers that occur while in the home of | ||||||
6 | the unlicensed transferee, if the unlicensed transferee is | ||||||
7 | not otherwise prohibited from possessing firearms and the | ||||||
8 | unlicensed transferee reasonably believes that possession | ||||||
9 | of the firearm is necessary to prevent imminent death or | ||||||
10 | great bodily harm to the unlicensed transferee; | ||||||
11 | (7) transfers to a law enforcement or corrections | ||||||
12 | agency or a law enforcement or corrections officer acting | ||||||
13 | within the course and scope of his or her official duties; | ||||||
14 | (8) transfers of firearms that have been rendered | ||||||
15 | permanently inoperable to a nonprofit historical society, | ||||||
16 | museum, or institutional collection; and | ||||||
17 | (9) transfers to a person who is exempt from the | ||||||
18 | requirement of possessing a Firearm Owner's Identification | ||||||
19 | Card under Section 2 of this Act. | ||||||
20 | (a-20) The Department of State Police shall develop an | ||||||
21 | Internet-based system for individuals to determine the | ||||||
22 | validity of a Firearm Owner's Identification Card prior to the | ||||||
23 | sale or transfer of a firearm. The Department shall have the | ||||||
24 | Internet-based system completed and available for use by July | ||||||
25 | 1, 2015. The Department shall adopt rules not inconsistent with | ||||||
26 | this Section to implement this system. |
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1 | (b) Any person within this State who transfers or causes to | ||||||
2 | be
transferred any firearm, stun gun, or taser shall keep a | ||||||
3 | record of such transfer for a period
of 10 years from the date | ||||||
4 | of transfer. Such record shall contain the date
of the | ||||||
5 | transfer; the description, serial number or other information
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6 | identifying the firearm, stun gun, or taser if no serial number | ||||||
7 | is available; and, if the
transfer was completed within this | ||||||
8 | State, the transferee's Firearm Owner's
Identification Card | ||||||
9 | number and any approval number or documentation provided by the | ||||||
10 | Department of State Police pursuant to subsection (a-10) of | ||||||
11 | this Section. On or after January 1, 2006, the record shall | ||||||
12 | contain the date of application for transfer of the firearm. On | ||||||
13 | demand of a peace officer such transferor
shall produce for | ||||||
14 | inspection such record of transfer. If the transfer or sale | ||||||
15 | took place at a gun show, the record shall include the unique | ||||||
16 | identification number. Failure to record the unique | ||||||
17 | identification number or approval number is a petty offense.
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18 | (b-5) Any resident may purchase ammunition from a person | ||||||
19 | within or outside of Illinois if shipment is by United States | ||||||
20 | mail or by a private express carrier authorized by federal law | ||||||
21 | to ship ammunition. Any resident purchasing ammunition within | ||||||
22 | or outside the State of Illinois must provide the seller with a | ||||||
23 | copy of his or her valid Firearm Owner's Identification Card or | ||||||
24 | valid concealed carry license and either his or her Illinois | ||||||
25 | driver's license or Illinois State Identification Card prior to | ||||||
26 | the shipment of the ammunition. The ammunition may be shipped |
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1 | only to an address on either of those 2 documents. | ||||||
2 | (c) The provisions of this Section regarding the transfer | ||||||
3 | of firearm
ammunition shall not apply to those persons | ||||||
4 | specified in paragraph (b) of
Section 2 of this Act. | ||||||
5 | (Source: P.A. 98-508, eff. 8-19-13; 99-29, eff. 7-10-15.) | ||||||
6 | (430 ILCS 65/6.2 new) | ||||||
7 | Sec. 6.2. Electronic Firearm Owner's Identification Cards. | ||||||
8 | The Department of State Police may develop a system under which | ||||||
9 | the holder of a Firearm Owner's Identification Card may display | ||||||
10 | an electronic version of his or her Firearm Owner's | ||||||
11 | Identification Card on a mobile telephone or other portable | ||||||
12 | electronic device. An electronic version of a Firearm Owner's | ||||||
13 | Identification Card shall contain security features the | ||||||
14 | Department determines to be necessary to ensure that the | ||||||
15 | electronic version is accurate and current and shall satisfy | ||||||
16 | other requirements the Department determines to be necessary | ||||||
17 | regarding form and content. The display or possession of an | ||||||
18 | electronic version of a valid Firearm Owner's Identification | ||||||
19 | Card in accordance with the requirements of the Department | ||||||
20 | satisfies all requirements for the display or possession of a | ||||||
21 | valid Firearm Owner's Identification Card under the laws of | ||||||
22 | this State. The possession or display of an electronic Firearm | ||||||
23 | Owner's Identification Card on a mobile telephone or other | ||||||
24 | portable electronic device does not constitute consent for a | ||||||
25 | law enforcement officer, court, or other officer of the court |
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1 | to access other contents of the mobile telephone or other | ||||||
2 | portable electronic device. The Department may adopt rules to | ||||||
3 | implement this Section. | ||||||
4 | Section 10. The Firearm Concealed Carry Act is amended by | ||||||
5 | adding Section 11 as follows: | ||||||
6 | (430 ILCS 66/11 new) | ||||||
7 | Sec. 11. Electronic concealed carry licenses. The | ||||||
8 | Department of State Police may develop a system under which the | ||||||
9 | holder of a concealed carry license may display an electronic | ||||||
10 | version of his or her license on a mobile telephone or other | ||||||
11 | portable electronic device. An electronic version of a license | ||||||
12 | shall contain security features the Department determines to be | ||||||
13 | necessary to ensure that the electronic version is accurate and | ||||||
14 | current and shall satisfy other requirements the Department | ||||||
15 | determines to be necessary regarding form and content. The | ||||||
16 | display or possession of an electronic version of a license in | ||||||
17 | accordance with the requirements of the Department satisfies | ||||||
18 | all requirements for the display or possession of a valid | ||||||
19 | license under the laws of this State. The possession or display | ||||||
20 | of an electronic license on a mobile telephone or other | ||||||
21 | portable electronic device does not constitute consent for a | ||||||
22 | law enforcement officer, court, or other officer of the court | ||||||
23 | to access other contents of the mobile telephone or other | ||||||
24 | portable electronic device. The Department may adopt rules to |
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1 | implement this Section.
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