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1 | AN ACT concerning safety. | |||||||||||||||||||||
2 | Be it enacted by the People of the State of Illinois, | |||||||||||||||||||||
3 | represented in the General Assembly: | |||||||||||||||||||||
4 | Section 5. The Firearm Owners Identification Card Act is | |||||||||||||||||||||
5 | amended by changing Sections 2 and 3 as follows: | |||||||||||||||||||||
6 | (430 ILCS 65/2) (from Ch. 38, par. 83-2) | |||||||||||||||||||||
7 | Sec. 2. Firearm Owner's Identification Card required; | |||||||||||||||||||||
8 | exceptions. | |||||||||||||||||||||
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 | |||||||||||||||||||||
13 | the provisions of this Act. | |||||||||||||||||||||
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: | |||||||||||||||||||||
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 | ||||||
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; and | ||||||
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. | ||||||
11 | (c) The provisions of this Section regarding the | ||||||
12 | acquisition and possession of firearms, firearm ammunition, | ||||||
13 | stun guns, and tasers do not apply to law enforcement | ||||||
14 | officials of this or any other jurisdiction, while engaged in | ||||||
15 | the operation of their official duties. | ||||||
16 | (c-5) The provisions of paragraphs (1) and (2) of | ||||||
17 | subsection (a) of this Section regarding the possession of | ||||||
18 | firearms and firearm ammunition do not apply to the holder of a | ||||||
19 | valid concealed carry license issued under the Firearm | ||||||
20 | Concealed Carry Act who is in physical possession of the | ||||||
21 | concealed carry license. | ||||||
22 | (d) Any person who becomes a resident of this State, who is | ||||||
23 | not otherwise prohibited from obtaining, possessing, or using | ||||||
24 | a firearm or firearm ammunition , shall not be required to have | ||||||
25 | a Firearm Owner's Identification Card to possess firearms or | ||||||
26 | firearms ammunition until 60 calendar days after he or she |
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1 | obtains an Illinois driver's license or Illinois | ||||||
2 | Identification Card. | ||||||
3 | (Source: P.A. 102-538, eff. 8-20-21; 102-1116, eff. 1-10-23.) | ||||||
4 | (430 ILCS 65/3) (from Ch. 38, par. 83-3) | ||||||
5 | Sec. 3. (a) Except as provided in Section 3a, no person may | ||||||
6 | knowingly transfer, or cause to be transferred, any firearm, | ||||||
7 | firearm ammunition, stun gun, or taser to any person within | ||||||
8 | this State unless the transferee with whom he deals displays | ||||||
9 | either: (1) a currently valid Firearm Owner's Identification | ||||||
10 | Card which has previously been issued in his or her name by the | ||||||
11 | Illinois State Police under the provisions of this Act; or (2) | ||||||
12 | a currently valid license to carry a concealed firearm which | ||||||
13 | has previously been issued in his or her name by the Illinois | ||||||
14 | State Police under the Firearm Concealed Carry Act. In | ||||||
15 | addition, all firearm, stun gun, and taser transfers by | ||||||
16 | federally licensed firearm dealers are subject to Section 3.1. | ||||||
17 | (a-5) Any person who is not a federally licensed firearm | ||||||
18 | dealer and who desires to transfer or sell a firearm while that | ||||||
19 | person is on the grounds of a gun show must, before selling or | ||||||
20 | transferring the firearm, request the Illinois State Police to | ||||||
21 | conduct a background check on the prospective recipient of the | ||||||
22 | firearm in accordance with Section 3.1. | ||||||
23 | (a-10) Notwithstanding item (2) of subsection (a) of this | ||||||
24 | Section, any person who is not a federally licensed firearm | ||||||
25 | dealer and who desires to transfer or sell a firearm or |
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1 | firearms to any person who is not a federally licensed firearm | ||||||
2 | dealer shall, before selling or transferring the firearms, | ||||||
3 | contact a federal firearm license dealer under paragraph (1) | ||||||
4 | of subsection (a-15) of this Section to conduct the transfer | ||||||
5 | or the Illinois State Police with the transferee's or | ||||||
6 | purchaser's Firearm Owner's Identification Card number to | ||||||
7 | determine the validity of the transferee's or purchaser's | ||||||
8 | Firearm Owner's Identification Card under State and federal | ||||||
9 | law, including the National Instant Criminal Background Check | ||||||
10 | System. This subsection shall not be effective until July 1, | ||||||
11 | 2023. Until that date the transferor shall contact the | ||||||
12 | Illinois State Police with the transferee's or purchaser's | ||||||
13 | Firearm Owner's Identification Card number to determine the | ||||||
14 | validity of the card. The Illinois State Police may adopt | ||||||
15 | rules concerning the implementation of this subsection. The | ||||||
16 | Illinois State Police shall provide the seller or transferor | ||||||
17 | an approval number if the purchaser's Firearm Owner's | ||||||
18 | Identification Card is valid. Approvals issued by the Illinois | ||||||
19 | State Police for the purchase of a firearm pursuant to this | ||||||
20 | subsection are valid for 30 days from the date of issue. | ||||||
21 | (a-15) The provisions of subsection (a-10) of this Section | ||||||
22 | do not apply to: | ||||||
23 | (1) transfers that occur at the place of business of a | ||||||
24 | federally licensed firearm dealer, if the federally | ||||||
25 | licensed firearm dealer conducts a background check on the | ||||||
26 | prospective recipient of the firearm in accordance with |
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1 | Section 3.1 of this Act and follows all other applicable | ||||||
2 | federal, State, and local laws as if he or she were the | ||||||
3 | seller or transferor of the firearm, although the dealer | ||||||
4 | is not required to accept the firearm into his or her | ||||||
5 | inventory. The purchaser or transferee may be required by | ||||||
6 | the federally licensed firearm dealer to pay a fee not to | ||||||
7 | exceed $25 per firearm, which the dealer may retain as | ||||||
8 | compensation for performing the functions required under | ||||||
9 | this paragraph, plus the applicable fees authorized by | ||||||
10 | Section 3.1; | ||||||
11 | (2) transfers as a bona fide gift to the transferor's | ||||||
12 | husband, wife, son, daughter, stepson, stepdaughter, | ||||||
13 | father, mother, stepfather, stepmother, brother, sister, | ||||||
14 | nephew, niece, uncle, aunt, grandfather, grandmother, | ||||||
15 | grandson, granddaughter, father-in-law, mother-in-law, | ||||||
16 | son-in-law, or daughter-in-law; | ||||||
17 | (3) transfers by persons acting pursuant to operation | ||||||
18 | of law or a court order; | ||||||
19 | (4) transfers on the grounds of a gun show under | ||||||
20 | subsection (a-5) of this Section; | ||||||
21 | (5) the delivery of a firearm by its owner to a | ||||||
22 | gunsmith for service or repair, the return of the firearm | ||||||
23 | to its owner by the gunsmith, or the delivery of a firearm | ||||||
24 | by a gunsmith to a federally licensed firearms dealer for | ||||||
25 | service or repair and the return of the firearm to the | ||||||
26 | gunsmith; |
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1 | (6) temporary transfers that occur while in the home | ||||||
2 | of the unlicensed transferee, if the unlicensed transferee | ||||||
3 | is not otherwise prohibited from possessing firearms and | ||||||
4 | the unlicensed transferee reasonably believes that | ||||||
5 | possession of the firearm is necessary to prevent imminent | ||||||
6 | death or great bodily harm to the unlicensed transferee; | ||||||
7 | (7) transfers to a law enforcement or corrections | ||||||
8 | agency or a law enforcement or corrections officer acting | ||||||
9 | within the course and scope of his or her official duties; | ||||||
10 | (8) transfers of firearms that have been rendered | ||||||
11 | permanently inoperable to a nonprofit historical society, | ||||||
12 | museum, or institutional collection; and | ||||||
13 | (9) transfers to a person who is exempt from the | ||||||
14 | requirement of possessing a Firearm Owner's Identification | ||||||
15 | Card under Section 2 of this Act. | ||||||
16 | (a-20) The Illinois State Police shall develop an | ||||||
17 | Internet-based system for individuals to determine the | ||||||
18 | validity of a Firearm Owner's Identification Card prior to the | ||||||
19 | sale or transfer of a firearm. The Illinois State Police shall | ||||||
20 | have the Internet-based system updated and available for use | ||||||
21 | by January 1, 2024. The Illinois State Police shall adopt | ||||||
22 | rules not inconsistent with this Section to implement this | ||||||
23 | system; but no rule shall allow the Illinois State Police to | ||||||
24 | retain records in contravention of State and federal law. | ||||||
25 | (a-25) On or before January 1, 2022, the Illinois State | ||||||
26 | Police shall develop an Internet-based system upon which the |
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1 | serial numbers of firearms that have been reported stolen are | ||||||
2 | available for public access for individuals to ensure any | ||||||
3 | firearms are not reported stolen prior to the sale or transfer | ||||||
4 | of a firearm under this Section. The Illinois State Police | ||||||
5 | shall have the Internet-based system completed and available | ||||||
6 | for use by July 1, 2022. The Illinois State Police shall adopt | ||||||
7 | rules not inconsistent with this Section to implement this | ||||||
8 | system. | ||||||
9 | (b) Any person within this State who transfers or causes | ||||||
10 | to be transferred any firearm, stun gun, or taser shall keep a | ||||||
11 | record of such transfer for a period of 10 years from the date | ||||||
12 | of transfer. Any person within this State who receives any | ||||||
13 | firearm, stun gun, or taser pursuant to subsection (a-10) | ||||||
14 | shall provide a record of the transfer within 10 days of the | ||||||
15 | transfer to a federally licensed firearm dealer and shall not | ||||||
16 | be required to maintain a transfer record. The federally | ||||||
17 | licensed firearm dealer shall maintain the transfer record for | ||||||
18 | 20 years from the date of receipt. A federally licensed | ||||||
19 | firearm dealer may charge a fee not to exceed $25 to retain the | ||||||
20 | record. The record shall be provided and maintained in either | ||||||
21 | an electronic or paper format. The federally licensed firearm | ||||||
22 | dealer shall not be liable for the accuracy of any information | ||||||
23 | in the transfer record submitted pursuant to this Section. | ||||||
24 | Such records shall contain the date of the transfer; the | ||||||
25 | description, serial number or other information identifying | ||||||
26 | the firearm, stun gun, or taser if no serial number is |
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1 | 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 | ||||||
4 | the Illinois State Police pursuant to subsection (a-10) of | ||||||
5 | this Section; if the transfer was not completed within this | ||||||
6 | State, the record shall contain the name and address of the | ||||||
7 | transferee. On or after January 1, 2006, the record shall | ||||||
8 | contain the date of application for transfer of the firearm. | ||||||
9 | On demand of a peace officer such transferor shall produce for | ||||||
10 | inspection such record of transfer. For any transfer pursuant | ||||||
11 | to subsection (a-10) of this Section, on the demand of a peace | ||||||
12 | officer, such transferee shall identify the federally licensed | ||||||
13 | firearm dealer maintaining the transfer record. If the | ||||||
14 | transfer or sale took place at a gun show, the record shall | ||||||
15 | include the unique identification number. Failure to record | ||||||
16 | the unique identification number or approval number is a petty | ||||||
17 | offense. For transfers of a firearm, stun gun, or taser made on | ||||||
18 | or after January 18, 2019 (the effective date of Public Act | ||||||
19 | 100-1178), failure by the private seller to maintain the | ||||||
20 | transfer records in accordance with this Section, or failure | ||||||
21 | by a transferee pursuant to subsection a-10 of this Section to | ||||||
22 | identify the federally licensed firearm dealer maintaining the | ||||||
23 | transfer record, is a Class A misdemeanor for the first | ||||||
24 | offense and a Class 4 felony for a second or subsequent offense | ||||||
25 | occurring within 10 years of the first offense and the second | ||||||
26 | offense was committed after conviction of the first offense. |
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1 | Whenever any person who has not previously been convicted of | ||||||
2 | any violation of subsection (a-5), the court may grant | ||||||
3 | supervision pursuant to and consistent with the limitations of | ||||||
4 | Section 5-6-1 of the Unified Code of Corrections. A transferee | ||||||
5 | or transferor shall not be criminally liable under this | ||||||
6 | Section provided that he or she provides the Illinois State | ||||||
7 | Police with the transfer records in accordance with procedures | ||||||
8 | established by the Illinois State Police. The Illinois State | ||||||
9 | Police shall establish, by rule, a standard form on its | ||||||
10 | website. | ||||||
11 | (b-5) (Blank). Any resident may purchase ammunition from a | ||||||
12 | person within or outside of Illinois if shipment is by United | ||||||
13 | States mail or by a private express carrier authorized by | ||||||
14 | federal law to ship ammunition. Any resident purchasing | ||||||
15 | ammunition within or outside the State of Illinois must | ||||||
16 | provide the seller with a copy of his or her valid Firearm | ||||||
17 | Owner's Identification Card or valid concealed carry license | ||||||
18 | and either his or her Illinois driver's license or Illinois | ||||||
19 | State Identification Card prior to the shipment of the | ||||||
20 | ammunition. The ammunition may be shipped only to an address | ||||||
21 | on either of those 2 documents. | ||||||
22 | (c) (Blank). The provisions of this Section regarding the | ||||||
23 | transfer of firearm ammunition shall not apply to those | ||||||
24 | persons specified in paragraph (b) of Section 2 of this Act. | ||||||
25 | (Source: P.A. 102-237, eff. 1-1-24; 102-538, eff. 8-20-21; | ||||||
26 | 102-813, eff. 5-13-22; 102-1116, eff. 1-10-23 .) |
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1 | Section 99. Effective date. This Act takes effect upon | ||||||
2 | becoming law. |