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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 as follows:
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6 | (430 ILCS 65/2) (from Ch. 38, par. 83-2)
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7 | Sec. 2. Firearm Owner's Identification Card required; | |||||||||||||||||||||
8 | exceptions.
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9 | (a) (1) No person may acquire or possess any firearm, stun | |||||||||||||||||||||
10 | gun, or taser within this State
without having in his or her | |||||||||||||||||||||
11 | possession a Firearm Owner's Identification Card
previously | |||||||||||||||||||||
12 | issued in his or her name by the Illinois State Police under
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13 | the provisions of this Act.
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14 | (2) (Blank). No person may acquire or possess firearm | |||||||||||||||||||||
15 | ammunition within this
State without having in his or her | |||||||||||||||||||||
16 | possession a Firearm Owner's Identification
Card previously | |||||||||||||||||||||
17 | issued in his or her name by the Illinois State Police
under | |||||||||||||||||||||
18 | the provisions of this Act.
| |||||||||||||||||||||
19 | (b) The provisions of this Section regarding the | |||||||||||||||||||||
20 | possession of firearms, firearm ammunition, stun guns, and | |||||||||||||||||||||
21 | tasers do not apply to:
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22 | (1) United States Marshals, while engaged in the | |||||||||||||||||||||
23 | operation of their
official duties;
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| |||||||
1 | (2) Members of the Armed Forces of the United States | ||||||
2 | or the National
Guard, while engaged in the operation of | ||||||
3 | their official duties;
| ||||||
4 | (3) Federal officials required to carry firearms, | ||||||
5 | while engaged in the
operation of their official duties;
| ||||||
6 | (4) Members of bona fide veterans organizations which | ||||||
7 | receive firearms
directly from the armed forces of the | ||||||
8 | United States, while using the
firearms for ceremonial | ||||||
9 | purposes with blank ammunition;
| ||||||
10 | (5) Nonresident hunters during hunting season, with | ||||||
11 | valid nonresident
hunting licenses and while in an area | ||||||
12 | where hunting is permitted; however,
at all other times | ||||||
13 | and in all other places these persons must have their
| ||||||
14 | firearms unloaded and enclosed in a case;
| ||||||
15 | (6) Those hunters exempt from obtaining a hunting | ||||||
16 | license who are
required to submit their Firearm Owner's | ||||||
17 | Identification Card when hunting
on Department of Natural | ||||||
18 | Resources owned or managed sites;
| ||||||
19 | (7) Nonresidents while on a firing or shooting range | ||||||
20 | recognized by the
Illinois State Police; however, these | ||||||
21 | persons must at all other times
and in all other places | ||||||
22 | have their firearms unloaded and enclosed in a case;
| ||||||
23 | (8) Nonresidents while at a firearm showing or display | ||||||
24 | recognized by
the Illinois State Police; however, at all | ||||||
25 | other times and in all
other places these persons must | ||||||
26 | have their firearms unloaded and enclosed
in a case;
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| |||||||
1 | (9) Nonresidents whose firearms are unloaded and | ||||||
2 | enclosed in a case;
| ||||||
3 | (10) Nonresidents who are currently licensed or | ||||||
4 | registered to possess a
firearm in their resident state;
| ||||||
5 | (11) Unemancipated minors while in the custody and | ||||||
6 | immediate control of
their parent or legal guardian or | ||||||
7 | other person in loco parentis to the
minor if the parent or | ||||||
8 | legal guardian or other person in loco parentis to
the | ||||||
9 | minor has a currently valid Firearm Owner's Identification
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10 | Card;
| ||||||
11 | (12) Color guards of bona fide veterans organizations | ||||||
12 | or members of bona
fide American Legion bands while using | ||||||
13 | firearms for ceremonial purposes
with blank ammunition;
| ||||||
14 | (13) Nonresident hunters whose state of residence does | ||||||
15 | not require
them to be licensed or registered to possess a | ||||||
16 | firearm and only during
hunting season, with valid hunting | ||||||
17 | licenses, while accompanied by, and
using a firearm owned | ||||||
18 | by, a person who possesses a valid Firearm Owner's
| ||||||
19 | Identification Card and while in an area within a | ||||||
20 | commercial club licensed
under the Wildlife Code where | ||||||
21 | hunting is permitted and controlled, but in
no instance | ||||||
22 | upon sites owned or managed by the Department of Natural
| ||||||
23 | Resources;
| ||||||
24 | (14) Resident hunters who are properly authorized to | ||||||
25 | hunt and,
while accompanied by a person who possesses a | ||||||
26 | valid Firearm Owner's
Identification Card, hunt in an area |
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1 | within a commercial club licensed
under the Wildlife Code | ||||||
2 | where hunting is permitted and controlled;
| ||||||
3 | (15) A person who is otherwise eligible to obtain a | ||||||
4 | Firearm Owner's
Identification Card under this Act and is | ||||||
5 | under the direct supervision of a
holder of a Firearm
| ||||||
6 | Owner's Identification Card who is 21 years of age or | ||||||
7 | older while the person is
on a firing or shooting range
or | ||||||
8 | is a
participant in a firearms safety and training course | ||||||
9 | recognized by a law
enforcement agency or a national, | ||||||
10 | statewide shooting sports organization; and
| ||||||
11 | (16) Competitive shooting athletes whose competition | ||||||
12 | firearms are sanctioned by the International Olympic | ||||||
13 | Committee, the International Paralympic Committee, the | ||||||
14 | International Shooting Sport Federation, or USA Shooting | ||||||
15 | in connection with such athletes' training for and | ||||||
16 | participation in shooting competitions at the 2016 Olympic | ||||||
17 | and Paralympic Games and sanctioned test events leading up | ||||||
18 | to the 2016 Olympic and Paralympic Games. | ||||||
19 | (c) The provisions of this Section regarding the | ||||||
20 | acquisition and possession
of firearms, firearm ammunition, | ||||||
21 | stun guns, and tasers do not apply to law enforcement | ||||||
22 | officials
of this or any other jurisdiction, while engaged in | ||||||
23 | the operation of their
official duties.
| ||||||
24 | (c-5) The provisions of paragraphs (1) and (2) of | ||||||
25 | subsection (a) of this Section regarding the possession of | ||||||
26 | firearms
and firearm ammunition do not apply to the holder of a |
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| |||||||
1 | valid concealed carry
license issued under the Firearm | ||||||
2 | Concealed Carry Act who is in physical
possession of the | ||||||
3 | concealed carry license. | ||||||
4 | (d) Any person who becomes a resident of this State, who is | ||||||
5 | not otherwise prohibited from obtaining, possessing, or using | ||||||
6 | a firearm or firearm ammunition , shall not be required to have | ||||||
7 | a Firearm Owner's Identification Card to possess firearms or | ||||||
8 | firearms ammunition until 60 calendar days after he or she | ||||||
9 | obtains an Illinois driver's license or Illinois | ||||||
10 | Identification Card. | ||||||
11 | (Source: P.A. 102-538, eff. 8-20-21.)
| ||||||
12 | (430 ILCS 65/3) (from Ch. 38, par. 83-3) | ||||||
13 | (Text of Section before amendment by P.A. 102-237 ) | ||||||
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 deals displays | ||||||
18 | either: (1) a currently valid Firearm Owner's
Identification | ||||||
19 | Card which has previously been issued in his or her name by the
| ||||||
20 | Illinois State Police under the provisions of this Act; or (2) | ||||||
21 | a currently valid license to carry a concealed firearm which | ||||||
22 | has previously been issued in his or her name by the
Illinois | ||||||
23 | State Police under the Firearm Concealed Carry Act. In | ||||||
24 | addition,
all firearm, stun gun, and taser transfers by | ||||||
25 | federally licensed firearm dealers are subject
to Section 3.1. |
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| |||||||
1 | (a-5) Any person who is not a federally licensed firearm | ||||||
2 | dealer and who desires to transfer or sell a firearm while that | ||||||
3 | person is on the grounds of a gun show must, before selling or | ||||||
4 | transferring the firearm, request the Illinois State Police to | ||||||
5 | conduct a background check on the prospective recipient of the | ||||||
6 | firearm in accordance with Section 3.1.
| ||||||
7 | (a-10) Notwithstanding item (2) of subsection (a) of this | ||||||
8 | Section, any person who is not a federally licensed firearm | ||||||
9 | dealer and who desires to transfer or sell a firearm or | ||||||
10 | firearms to any person who is not a federally licensed firearm | ||||||
11 | dealer shall, before selling or transferring the firearms, | ||||||
12 | contact the Illinois State Police with the transferee's or | ||||||
13 | purchaser's Firearm Owner's Identification Card number to | ||||||
14 | determine the validity of the transferee's or purchaser's | ||||||
15 | Firearm Owner's Identification Card. This subsection shall not | ||||||
16 | be effective until January 1, 2014. The Illinois State Police | ||||||
17 | may adopt rules concerning the implementation of this | ||||||
18 | subsection. The Illinois State Police shall provide the seller | ||||||
19 | or transferor an approval number if the purchaser's Firearm | ||||||
20 | Owner's Identification Card is valid. Approvals issued by the | ||||||
21 | Illinois State Police Department for the purchase of a firearm | ||||||
22 | pursuant to this subsection are valid for 30 days from the date | ||||||
23 | of issue. | ||||||
24 | (a-15) The provisions of subsection (a-10) of this Section | ||||||
25 | do not apply to: | ||||||
26 | (1) transfers that occur at the place of business of a |
| |||||||
| |||||||
1 | federally licensed firearm dealer, if the federally | ||||||
2 | licensed firearm dealer conducts a background check on the | ||||||
3 | prospective recipient of the firearm in accordance with | ||||||
4 | Section 3.1 of this Act and follows all other applicable | ||||||
5 | federal, State, and local laws as if he or she were the | ||||||
6 | seller or transferor of the firearm, although the dealer | ||||||
7 | is not required to accept the firearm into his or her | ||||||
8 | inventory. The purchaser or transferee may be required by | ||||||
9 | the federally licensed firearm dealer to pay a fee not to | ||||||
10 | exceed $10 per firearm, which the dealer may retain as | ||||||
11 | compensation for performing the functions required under | ||||||
12 | this paragraph, plus the applicable fees authorized by | ||||||
13 | Section 3.1; | ||||||
14 | (2) transfers as a bona fide gift to the transferor's | ||||||
15 | husband, wife, son, daughter, stepson, stepdaughter, | ||||||
16 | father, mother, stepfather, stepmother, brother, sister, | ||||||
17 | nephew, niece, uncle, aunt, grandfather, grandmother, | ||||||
18 | grandson, granddaughter, father-in-law, mother-in-law, | ||||||
19 | son-in-law, or daughter-in-law; | ||||||
20 | (3) transfers by persons acting pursuant to operation | ||||||
21 | of law or a court order; | ||||||
22 | (4) transfers on the grounds of a gun show under | ||||||
23 | subsection (a-5) of this Section; | ||||||
24 | (5) the delivery of a firearm by its owner to a | ||||||
25 | gunsmith for service or repair, the return of the firearm | ||||||
26 | to its owner by the gunsmith, or the delivery of a firearm |
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1 | by a gunsmith to a federally licensed firearms dealer for | ||||||
2 | service or repair and the return of the firearm to the | ||||||
3 | gunsmith; | ||||||
4 | (6) temporary transfers that occur while in the home | ||||||
5 | of the unlicensed transferee, if the unlicensed transferee | ||||||
6 | is not otherwise prohibited from possessing firearms and | ||||||
7 | the unlicensed transferee reasonably believes that | ||||||
8 | possession of the firearm is necessary to prevent imminent | ||||||
9 | death or great bodily harm to the unlicensed transferee; | ||||||
10 | (7) transfers to a law enforcement or corrections | ||||||
11 | agency or a law enforcement or corrections officer acting | ||||||
12 | within the course and scope of his or her official duties; | ||||||
13 | (8) transfers of firearms that have been rendered | ||||||
14 | permanently inoperable to a nonprofit historical society, | ||||||
15 | museum, or institutional collection; and | ||||||
16 | (9) transfers to a person who is exempt from the | ||||||
17 | requirement of possessing a Firearm Owner's Identification | ||||||
18 | Card under Section 2 of this Act. | ||||||
19 | (a-20) The Illinois State Police shall develop an | ||||||
20 | Internet-based system for individuals to determine the | ||||||
21 | validity of a Firearm Owner's Identification Card prior to the | ||||||
22 | sale or transfer of a firearm. The Illinois State Police | ||||||
23 | Department shall have the Internet-based system completed and | ||||||
24 | available for use by July 1, 2015. The Illinois State Police | ||||||
25 | Department shall adopt rules not inconsistent with this | ||||||
26 | Section to implement this system. |
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| |||||||
1 | (b) Any person within this State who transfers or causes | ||||||
2 | to 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
| ||||||
6 | identifying the firearm, stun gun, or taser if no serial | ||||||
7 | number is available; and, if the
transfer was completed within | ||||||
8 | this State, the transferee's Firearm Owner's
Identification | ||||||
9 | Card number and any approval number or documentation provided | ||||||
10 | by the Illinois State Police pursuant to subsection (a-10) of | ||||||
11 | this Section; if the transfer was not completed within this | ||||||
12 | State, the record shall contain the name and address of the | ||||||
13 | transferee. On or after January 1, 2006, the record shall | ||||||
14 | contain the date of application for transfer of the firearm. | ||||||
15 | On demand of a peace officer such transferor
shall produce for | ||||||
16 | inspection such record of transfer. If the transfer or sale | ||||||
17 | took place at a gun show, the record shall include the unique | ||||||
18 | identification number. Failure to record the unique | ||||||
19 | identification number or approval number is a petty offense.
| ||||||
20 | For transfers of a firearm, stun gun, or taser made on or after | ||||||
21 | January 18, 2019 ( the effective date of Public Act 100-1178) | ||||||
22 | this amendatory Act of the 100th General Assembly , failure by | ||||||
23 | the private seller to maintain the transfer records in | ||||||
24 | accordance with this Section is a Class A misdemeanor for the | ||||||
25 | first offense and a Class 4 felony for a second or subsequent | ||||||
26 | offense. A transferee shall not be criminally liable under |
| |||||||
| |||||||
1 | this Section provided that he or she provides the Illinois | ||||||
2 | State Police with the transfer records in accordance with | ||||||
3 | procedures established by the Illinois State Police | ||||||
4 | Department . The Illinois State Police Department shall | ||||||
5 | establish, by rule, a standard form on its website. | ||||||
6 | (b-5) (Blank). Any resident may purchase ammunition from a | ||||||
7 | person within or outside of Illinois if shipment is by United | ||||||
8 | States mail or by a private express carrier authorized by | ||||||
9 | federal law to ship ammunition. Any resident purchasing | ||||||
10 | ammunition within or outside the State of Illinois must | ||||||
11 | provide the seller with a copy of his or her valid Firearm | ||||||
12 | Owner's Identification Card or valid concealed carry license | ||||||
13 | and either his or her Illinois driver's license or Illinois | ||||||
14 | State Identification Card prior to the shipment of the | ||||||
15 | ammunition. The ammunition may be shipped only to an address | ||||||
16 | on either of those 2 documents. | ||||||
17 | (c) (Blank). The provisions of this Section regarding the | ||||||
18 | transfer of firearm
ammunition shall not apply to those | ||||||
19 | persons specified in paragraph (b) of
Section 2 of this Act. | ||||||
20 | (Source: P.A. 102-538, eff. 8-20-21; revised 10-13-21.) | ||||||
21 | (Text of Section after amendment by P.A. 102-237 ) | ||||||
22 | Sec. 3. (a) Except as provided in Section 3a, no person may | ||||||
23 | knowingly
transfer, or cause to be transferred, any firearm, | ||||||
24 | firearm ammunition, stun gun, or taser to any person within | ||||||
25 | this State unless the
transferee with whom he deals displays |
| |||||||
| |||||||
1 | either: (1) a currently valid Firearm Owner's
Identification | ||||||
2 | Card which has previously been issued in his or her name by the
| ||||||
3 | Illinois State Police under the provisions of this Act; or (2) | ||||||
4 | a currently valid license to carry a concealed firearm which | ||||||
5 | has previously been issued in his or her name by the
Illinois | ||||||
6 | State Police under the Firearm Concealed Carry Act. In | ||||||
7 | addition,
all firearm, stun gun, and taser transfers by | ||||||
8 | federally licensed firearm dealers are subject
to Section 3.1. | ||||||
9 | (a-5) Any person who is not a federally licensed firearm | ||||||
10 | dealer and who desires to transfer or sell a firearm while that | ||||||
11 | person is on the grounds of a gun show must, before selling or | ||||||
12 | transferring the firearm, request the Illinois State Police to | ||||||
13 | conduct a background check on the prospective recipient of the | ||||||
14 | firearm in accordance with Section 3.1.
| ||||||
15 | (a-10) Notwithstanding item (2) of subsection (a) of this | ||||||
16 | Section, any person who is not a federally licensed firearm | ||||||
17 | dealer and who desires to transfer or sell a firearm or | ||||||
18 | firearms to any person who is not a federally licensed firearm | ||||||
19 | dealer shall, before selling or transferring the firearms, | ||||||
20 | contact a federal firearm license dealer under paragraph (1) | ||||||
21 | of subsection (a-15) of this Section to conduct the transfer | ||||||
22 | or the Illinois State Police with the transferee's or | ||||||
23 | purchaser's Firearm Owner's Identification Card number to | ||||||
24 | determine the validity of the transferee's or purchaser's | ||||||
25 | Firearm Owner's Identification Card under State and federal | ||||||
26 | law , including the National Instant Criminal Background Check |
| |||||||
| |||||||
1 | System. This subsection shall not be effective until January | ||||||
2 | 1, 2024. Until that date the transferor shall contact the | ||||||
3 | Illinois State Police with the transferee's or purchaser's | ||||||
4 | Firearm Owner's Identification Card number to determine the | ||||||
5 | validity of the card. The Illinois State Police may adopt | ||||||
6 | rules concerning the implementation of this subsection. The | ||||||
7 | Illinois State Police shall provide the seller or transferor | ||||||
8 | an approval number if the purchaser's Firearm Owner's | ||||||
9 | Identification Card is valid. Approvals issued by the Illinois | ||||||
10 | State Police Department for the purchase of a firearm pursuant | ||||||
11 | to this subsection are valid for 30 days from the date of | ||||||
12 | issue. | ||||||
13 | (a-15) The provisions of subsection (a-10) of this Section | ||||||
14 | do not apply to: | ||||||
15 | (1) transfers that occur at the place of business of a | ||||||
16 | federally licensed firearm dealer, if the federally | ||||||
17 | licensed firearm dealer conducts a background check on the | ||||||
18 | prospective recipient of the firearm in accordance with | ||||||
19 | Section 3.1 of this Act and follows all other applicable | ||||||
20 | federal, State, and local laws as if he or she were the | ||||||
21 | seller or transferor of the firearm, although the dealer | ||||||
22 | is not required to accept the firearm into his or her | ||||||
23 | inventory. The purchaser or transferee may be required by | ||||||
24 | the federally licensed firearm dealer to pay a fee not to | ||||||
25 | exceed $25 per firearm, which the dealer may retain as | ||||||
26 | compensation for performing the functions required under |
| |||||||
| |||||||
1 | this paragraph, plus the applicable fees authorized by | ||||||
2 | Section 3.1; | ||||||
3 | (2) transfers as a bona fide gift to the transferor's | ||||||
4 | husband, wife, son, daughter, stepson, stepdaughter, | ||||||
5 | father, mother, stepfather, stepmother, brother, sister, | ||||||
6 | nephew, niece, uncle, aunt, grandfather, grandmother, | ||||||
7 | grandson, granddaughter, father-in-law, mother-in-law, | ||||||
8 | son-in-law, or daughter-in-law; | ||||||
9 | (3) transfers by persons acting pursuant to operation | ||||||
10 | of law or a court order; | ||||||
11 | (4) transfers on the grounds of a gun show under | ||||||
12 | subsection (a-5) of this Section; | ||||||
13 | (5) the delivery of a firearm by its owner to a | ||||||
14 | gunsmith for service or repair, the return of the firearm | ||||||
15 | to its owner by the gunsmith, or the delivery of a firearm | ||||||
16 | by a gunsmith to a federally licensed firearms dealer for | ||||||
17 | service or repair and the return of the firearm to the | ||||||
18 | gunsmith; | ||||||
19 | (6) temporary transfers that occur while in the home | ||||||
20 | of the unlicensed transferee, if the unlicensed transferee | ||||||
21 | is not otherwise prohibited from possessing firearms and | ||||||
22 | the unlicensed transferee reasonably believes that | ||||||
23 | possession of the firearm is necessary to prevent imminent | ||||||
24 | death or great bodily harm to the unlicensed transferee; | ||||||
25 | (7) transfers to a law enforcement or corrections | ||||||
26 | agency or a law enforcement or corrections officer acting |
| |||||||
| |||||||
1 | within the course and scope of his or her official duties; | ||||||
2 | (8) transfers of firearms that have been rendered | ||||||
3 | permanently inoperable to a nonprofit historical society, | ||||||
4 | museum, or institutional collection; and | ||||||
5 | (9) transfers to a person who is exempt from the | ||||||
6 | requirement of possessing a Firearm Owner's Identification | ||||||
7 | Card under Section 2 of this Act. | ||||||
8 | (a-20) The Illinois State Police shall develop an | ||||||
9 | Internet-based system for individuals to determine the | ||||||
10 | validity of a Firearm Owner's Identification Card prior to the | ||||||
11 | sale or transfer of a firearm. The Illinois State Police | ||||||
12 | Department shall have the Internet-based system updated and | ||||||
13 | available for use by January 1, 2024. The Illinois State | ||||||
14 | Police shall adopt rules not inconsistent with this Section to | ||||||
15 | implement this system; but no rule shall allow the Illinois | ||||||
16 | State Police to retain records in contravention of State and | ||||||
17 | federal law. | ||||||
18 | (a-25) On or before January 1, 2022, the Illinois State | ||||||
19 | Police shall develop an Internet-based system upon which the | ||||||
20 | serial numbers of firearms that have been reported stolen are | ||||||
21 | available for public access for individuals to ensure any | ||||||
22 | firearms are not reported stolen prior to the sale or transfer | ||||||
23 | of a firearm under this Section. The Illinois State Police | ||||||
24 | shall have the Internet-based system completed and available | ||||||
25 | for use by July 1, 2022. The Illinois State Police Department | ||||||
26 | shall adopt rules not inconsistent with this Section to |
| |||||||
| |||||||
1 | implement this system. | ||||||
2 | (b) Any person within this State who transfers or causes | ||||||
3 | to be
transferred any firearm, stun gun, or taser shall keep a | ||||||
4 | record of such transfer for a period
of 10 years from the date | ||||||
5 | of transfer. Any person within this State who receives any | ||||||
6 | firearm, stun gun, or taser pursuant to subsection (a-10) | ||||||
7 | shall provide a record of the transfer within 10 days of the | ||||||
8 | transfer to a federally licensed firearm dealer and shall not | ||||||
9 | be required to maintain a transfer record. The federally | ||||||
10 | licensed firearm dealer shall maintain the transfer record for | ||||||
11 | 20 years from the date of receipt. A federally licensed | ||||||
12 | firearm dealer may charge a fee not to exceed $25 to retain the | ||||||
13 | record. The record shall be provided and maintained in either | ||||||
14 | an electronic or paper format. The federally licensed firearm | ||||||
15 | dealer shall not be liable for the accuracy of any information | ||||||
16 | in the transfer record submitted pursuant to this Section. | ||||||
17 | Such records shall contain the date
of the transfer; the | ||||||
18 | description, serial number or other information
identifying | ||||||
19 | the firearm, stun gun, or taser if no serial number is | ||||||
20 | 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 | ||||||
23 | the Illinois State Police pursuant to subsection (a-10) of | ||||||
24 | this Section; if the transfer was not completed within this | ||||||
25 | State, the record shall contain the name and address of the | ||||||
26 | transferee. On or after January 1, 2006, the record shall |
| |||||||
| |||||||
1 | contain the date of application for transfer of the firearm. | ||||||
2 | On demand of a peace officer such transferor shall produce for | ||||||
3 | inspection such record of transfer. For any transfer pursuant | ||||||
4 | to subsection (a-10) of this Section, on the demand of a peace | ||||||
5 | officer, such transferee shall identify the federally licensed | ||||||
6 | firearm dealer maintaining the transfer record. If the | ||||||
7 | transfer or sale took place at a gun show, the record shall | ||||||
8 | include the unique identification number. Failure to record | ||||||
9 | the unique identification number or approval number is a petty | ||||||
10 | offense.
For transfers of a firearm, stun gun, or taser made on | ||||||
11 | or after January 18, 2019 ( the effective date of Public Act | ||||||
12 | 100-1178) this amendatory Act of the 100th General Assembly , | ||||||
13 | failure by the private seller to maintain the transfer records | ||||||
14 | in accordance with this Section, or failure by a transferee | ||||||
15 | pursuant to subsection a-10 of this Section to identify the | ||||||
16 | federally licensed firearm dealer maintaining the transfer | ||||||
17 | record, is a Class A misdemeanor for the first offense and a | ||||||
18 | Class 4 felony for a second or subsequent offense occurring | ||||||
19 | within 10 years of the first offense and the second offense was | ||||||
20 | committed after conviction of the first offense. Whenever any | ||||||
21 | person who has not previously been convicted of any violation | ||||||
22 | of subsection (a-5), the court may grant supervision pursuant | ||||||
23 | to and consistent with the limitations of Section 5-6-1 of the | ||||||
24 | Unified Code of Corrections. A transferee or transferor shall | ||||||
25 | not be criminally liable under this Section provided that he | ||||||
26 | or she provides the Illinois State Police with the transfer |
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1 | records in accordance with procedures established by the | ||||||
2 | Illinois State Police Department . The Illinois State Police | ||||||
3 | Department shall establish, by rule, a standard form on its | ||||||
4 | website. | ||||||
5 | (b-5) (Blank). Any resident may purchase ammunition from a | ||||||
6 | person within or outside of Illinois if shipment is by United | ||||||
7 | States mail or by a private express carrier authorized by | ||||||
8 | federal law to ship ammunition. Any resident purchasing | ||||||
9 | ammunition within or outside the State of Illinois must | ||||||
10 | provide the seller with a copy of his or her valid Firearm | ||||||
11 | Owner's Identification Card or valid concealed carry license | ||||||
12 | and either his or her Illinois driver's license or Illinois | ||||||
13 | State Identification Card prior to the shipment of the | ||||||
14 | ammunition. The ammunition may be shipped only to an address | ||||||
15 | on either of those 2 documents. | ||||||
16 | (c) (Blank). The provisions of this Section regarding the | ||||||
17 | transfer of firearm
ammunition shall not apply to those | ||||||
18 | persons specified in paragraph (b) of
Section 2 of this Act. | ||||||
19 | (Source: P.A. 102-237, eff. 1-1-24; 102-538, eff. 8-20-21; | ||||||
20 | revised 10-13-21.)
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21 | Section 95. No acceleration or delay. Where this Act makes | ||||||
22 | changes in a statute that is represented in this Act by text | ||||||
23 | that is not yet or no longer in effect (for example, a Section | ||||||
24 | represented by multiple versions), the use of that text does | ||||||
25 | not accelerate or delay the taking effect of (i) the changes |
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1 | made by this Act or (ii) provisions derived from any other | ||||||
2 | Public Act. | ||||||
3 | Section 99. Effective date. This Act takes effect upon | ||||||
4 | becoming law.
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