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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 3, 3.1, 8, and 8.1 and by adding | |||||||||||||||||||
6 | Section 7.10 as follows: | |||||||||||||||||||
7 | (430 ILCS 65/3) (from Ch. 38, par. 83-3) | |||||||||||||||||||
8 | Sec. 3. (a) Except as provided in Section 3a, no person may | |||||||||||||||||||
9 | knowingly transfer, or cause to be transferred, any firearm, | |||||||||||||||||||
10 | firearm ammunition, stun gun, or taser to any person within | |||||||||||||||||||
11 | this State unless the transferee with whom he deals displays | |||||||||||||||||||
12 | either: (1) a currently valid Firearm Owner's Identification | |||||||||||||||||||
13 | Card which has previously been issued in his or her name by the | |||||||||||||||||||
14 | Illinois State Police under the provisions of this Act; or (2) | |||||||||||||||||||
15 | a currently valid license to carry a concealed firearm which | |||||||||||||||||||
16 | has previously been issued in his or her name by the Illinois | |||||||||||||||||||
17 | State Police under the Firearm Concealed Carry Act. In | |||||||||||||||||||
18 | addition, all firearm, stun gun, and taser transfers by | |||||||||||||||||||
19 | federally licensed firearm dealers are subject to Section 3.1 | |||||||||||||||||||
20 | and beginning January 1, 2026, the federally licensed firearm | |||||||||||||||||||
21 | dealers shall check the Illinois State Police Internet-based | |||||||||||||||||||
22 | system upon which the serial numbers of firearms that have | |||||||||||||||||||
23 | been reported stolen are available for public access for |
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1 | individuals to ensure any firearms are not reported stolen | ||||||
2 | prior to the sale or transfer of a firearm under subsection | ||||||
3 | (a-25) of this Section. New firearms shipped directly from the | ||||||
4 | manufacturer are exempt from this provision . | ||||||
5 | (a-5) Any person who is not a federally licensed firearm | ||||||
6 | dealer and who desires to transfer or sell a firearm while that | ||||||
7 | person is on the grounds of a gun show must, before selling or | ||||||
8 | transferring the firearm, request the Illinois State Police to | ||||||
9 | conduct a background check on the prospective recipient of the | ||||||
10 | firearm in accordance with Section 3.1 and beginning January | ||||||
11 | 1, 2026, the Illinois State Police shall check the Illinois | ||||||
12 | State Police Internet-based system upon which the serial | ||||||
13 | numbers of firearms that have been reported stolen are | ||||||
14 | available for public access for individuals to ensure any | ||||||
15 | firearms are not reported stolen prior to the sale or transfer | ||||||
16 | of a firearm under subsection {a-25} of this Section. New | ||||||
17 | firearms shipped directly from the manufacturer are exempt | ||||||
18 | from this provision . | ||||||
19 | (a-10) Notwithstanding item (2) of subsection (a) of this | ||||||
20 | Section, any person who is not a federally licensed firearm | ||||||
21 | dealer and who desires to transfer or sell a firearm or | ||||||
22 | firearms to any person who is not a federally licensed firearm | ||||||
23 | dealer shall, before selling or transferring the firearms, | ||||||
24 | contact a federal firearm license dealer under paragraph (1) | ||||||
25 | of subsection (a-15) of this Section to conduct the transfer | ||||||
26 | or the Illinois State Police with the transferee's or |
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1 | purchaser's Firearm Owner's Identification Card number to | ||||||
2 | determine the validity of the transferee's or purchaser's | ||||||
3 | Firearm Owner's Identification Card under State and federal | ||||||
4 | law, including the National Instant Criminal Background Check | ||||||
5 | System. This subsection shall not be effective until July 1, | ||||||
6 | 2023. Until that date the transferor shall contact the | ||||||
7 | Illinois State Police with the transferee's or purchaser's | ||||||
8 | Firearm Owner's Identification Card number to determine the | ||||||
9 | validity of the card. The Illinois State Police may adopt | ||||||
10 | rules concerning the implementation of this subsection. The | ||||||
11 | Illinois State Police shall provide the seller or transferor | ||||||
12 | an approval number if the purchaser's Firearm Owner's | ||||||
13 | Identification Card is valid. Approvals issued by the Illinois | ||||||
14 | State Police for the purchase of a firearm pursuant to this | ||||||
15 | subsection are valid for 30 days from the date of issue. | ||||||
16 | (a-15) The provisions of subsection (a-10) of this Section | ||||||
17 | do not apply to: | ||||||
18 | (1) transfers that occur at the place of business of a | ||||||
19 | federally licensed firearm dealer, if the federally | ||||||
20 | licensed firearm dealer conducts a background check on the | ||||||
21 | prospective recipient of the firearm in accordance with | ||||||
22 | Section 3.1 of this Act and follows all other applicable | ||||||
23 | federal, State, and local laws as if he or she were the | ||||||
24 | seller or transferor of the firearm, although the dealer | ||||||
25 | is not required to accept the firearm into his or her | ||||||
26 | inventory. The purchaser or transferee may be required by |
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1 | the federally licensed firearm dealer to pay a fee not to | ||||||
2 | exceed $25 per firearm, which the dealer may retain as | ||||||
3 | compensation for performing the functions required under | ||||||
4 | this paragraph, plus the applicable fees authorized by | ||||||
5 | Section 3.1; | ||||||
6 | (2) transfers as a bona fide gift to the transferor's | ||||||
7 | husband, wife, son, daughter, stepson, stepdaughter, | ||||||
8 | father, mother, stepfather, stepmother, brother, sister, | ||||||
9 | nephew, niece, uncle, aunt, grandfather, grandmother, | ||||||
10 | grandson, granddaughter, father-in-law, mother-in-law, | ||||||
11 | son-in-law, or daughter-in-law; | ||||||
12 | (3) transfers by persons acting pursuant to operation | ||||||
13 | of law or a court order; | ||||||
14 | (4) transfers on the grounds of a gun show under | ||||||
15 | subsection (a-5) of this Section; | ||||||
16 | (5) the delivery of a firearm by its owner to a | ||||||
17 | gunsmith for service or repair, the return of the firearm | ||||||
18 | to its owner by the gunsmith, or the delivery of a firearm | ||||||
19 | by a gunsmith to a federally licensed firearms dealer for | ||||||
20 | service or repair and the return of the firearm to the | ||||||
21 | gunsmith; | ||||||
22 | (6) temporary transfers that occur while in the home | ||||||
23 | of the unlicensed transferee, if the unlicensed transferee | ||||||
24 | is not otherwise prohibited from possessing firearms and | ||||||
25 | the unlicensed transferee reasonably believes that | ||||||
26 | possession of the firearm is necessary to prevent imminent |
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1 | death or great bodily harm to the unlicensed transferee; | ||||||
2 | (7) transfers to a law enforcement or corrections | ||||||
3 | agency or a law enforcement or corrections officer acting | ||||||
4 | within the course and scope of his or her official duties; | ||||||
5 | (8) transfers of firearms that have been rendered | ||||||
6 | permanently inoperable to a nonprofit historical society, | ||||||
7 | museum, or institutional collection; and | ||||||
8 | (9) transfers to a person who is exempt from the | ||||||
9 | requirement of possessing a Firearm Owner's Identification | ||||||
10 | Card under Section 2 of this Act. | ||||||
11 | (a-20) The Illinois State Police shall develop an | ||||||
12 | Internet-based system for individuals to determine the | ||||||
13 | validity of a Firearm Owner's Identification Card prior to the | ||||||
14 | sale or transfer of a firearm. The Illinois State Police shall | ||||||
15 | have the Internet-based system updated and available for use | ||||||
16 | by January 1, 2024. The Illinois State Police shall adopt | ||||||
17 | rules not inconsistent with this Section to implement this | ||||||
18 | system; but no rule shall allow the Illinois State Police to | ||||||
19 | retain records in contravention of State and federal law. The | ||||||
20 | Internet-based system shall include a written notice, in both | ||||||
21 | English and Spanish, of a firearm owner's obligation to report | ||||||
22 | to local law enforcement any lost or stolen firearm within 48 | ||||||
23 | hours after the owner first discovers the loss or theft. | ||||||
24 | (a-25) On or before January 1, 2022, the Illinois State | ||||||
25 | Police shall develop an Internet-based system upon which the | ||||||
26 | serial numbers of firearms that have been reported stolen are |
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1 | available for public access for individuals to ensure any | ||||||
2 | firearms are not reported stolen prior to the sale or transfer | ||||||
3 | of a firearm under this Section. The Illinois State Police | ||||||
4 | shall have the Internet-based system completed and available | ||||||
5 | for use by July 1, 2022. The Illinois State Police shall adopt | ||||||
6 | rules not inconsistent with this Section to implement this | ||||||
7 | system. On or before January 1. 2026, the Illinois State | ||||||
8 | Police shall make the Internet-based system created under this | ||||||
9 | subsection accessible to federally licensed firearms dealers | ||||||
10 | to verify that the make, model, and serial numbers of firearms | ||||||
11 | that are being bought, sold, or transferred by the dealers | ||||||
12 | have not been reported stolen and shall also provide a receipt | ||||||
13 | or approval number to a transferor or federally licensed | ||||||
14 | firearms dealer as verification that the firearm being | ||||||
15 | transferred did not appear on the stolen firearm database. | ||||||
16 | (a-30) The Illinois State Police shall establish an | ||||||
17 | electronic mechanism by which law enforcement shall report | ||||||
18 | individuals who have failed to report the loss or theft of a | ||||||
19 | firearm pursuant to Section 24-4.1 of the Criminal Code of | ||||||
20 | 2012. | ||||||
21 | (b) Any person within this State who transfers or causes | ||||||
22 | to be transferred any firearm, stun gun, or taser shall keep a | ||||||
23 | record of such transfer for a period of 10 years from the date | ||||||
24 | of transfer. Any person within this State who receives any | ||||||
25 | firearm, stun gun, or taser pursuant to subsection (a-10) | ||||||
26 | shall provide a record of the transfer within 10 days of the |
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1 | transfer to a federally licensed firearm dealer and shall not | ||||||
2 | be required to maintain a transfer record. The federally | ||||||
3 | licensed firearm dealer shall maintain the transfer record for | ||||||
4 | 20 years from the date of receipt. A federally licensed | ||||||
5 | firearm dealer may charge a fee not to exceed $25 to retain the | ||||||
6 | record. The record shall be provided and maintained in either | ||||||
7 | an electronic or paper format. The federally licensed firearm | ||||||
8 | dealer shall not be liable for the accuracy of any information | ||||||
9 | in the transfer record submitted pursuant to this Section. | ||||||
10 | Such records shall contain the date of the transfer; the | ||||||
11 | description, serial number or other information identifying | ||||||
12 | the firearm, stun gun, or taser if no serial number is | ||||||
13 | available; and, if the transfer was completed within this | ||||||
14 | State, the transferee's Firearm Owner's Identification Card | ||||||
15 | number and any approval number or documentation provided by | ||||||
16 | the Illinois State Police pursuant to subsection (a-10) of | ||||||
17 | this Section; if the transfer was not completed within this | ||||||
18 | State, the record shall contain the name and address of the | ||||||
19 | transferee. On or after January 1, 2006, the record shall | ||||||
20 | contain the date of application for transfer of the firearm. | ||||||
21 | On demand of a peace officer such transferor shall produce for | ||||||
22 | inspection such record of transfer. For any transfer pursuant | ||||||
23 | to subsection (a-10) of this Section, on the demand of a peace | ||||||
24 | officer, such transferee shall identify the federally licensed | ||||||
25 | firearm dealer maintaining the transfer record. If the | ||||||
26 | transfer or sale took place at a gun show, the record shall |
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1 | include the unique identification number. Failure to record | ||||||
2 | the unique identification number or approval number is a petty | ||||||
3 | offense. For transfers of a firearm, stun gun, or taser made on | ||||||
4 | or after January 18, 2019 (the effective date of Public Act | ||||||
5 | 100-1178), failure by the private seller to maintain the | ||||||
6 | transfer records in accordance with this Section, or failure | ||||||
7 | by a transferee pursuant to subsection a-10 of this Section to | ||||||
8 | identify the federally licensed firearm dealer maintaining the | ||||||
9 | transfer record, is a Class A misdemeanor for the first | ||||||
10 | offense and a Class 4 felony for a second or subsequent offense | ||||||
11 | occurring within 10 years of the first offense and the second | ||||||
12 | offense was committed after conviction of the first offense. | ||||||
13 | Whenever any person who has not previously been convicted of | ||||||
14 | any violation of subsection (a-5), the court may grant | ||||||
15 | supervision pursuant to and consistent with the limitations of | ||||||
16 | Section 5-6-1 of the Unified Code of Corrections. A transferee | ||||||
17 | or transferor shall not be criminally liable under this | ||||||
18 | Section provided that he or she provides the Illinois State | ||||||
19 | Police with the transfer records in accordance with procedures | ||||||
20 | established by the Illinois State Police. The Illinois State | ||||||
21 | Police shall establish, by rule, a standard form on its | ||||||
22 | website. | ||||||
23 | (b-5) Any resident may purchase ammunition from a person | ||||||
24 | within or outside of Illinois if shipment is by United States | ||||||
25 | mail or by a private express carrier authorized by federal law | ||||||
26 | to ship ammunition. Any resident purchasing ammunition within |
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1 | or outside the State of Illinois must provide the seller with a | ||||||
2 | copy of his or her valid Firearm Owner's Identification Card | ||||||
3 | or valid concealed carry license and either his or her | ||||||
4 | Illinois driver's license or Illinois State Identification | ||||||
5 | Card prior to the shipment of the ammunition. The ammunition | ||||||
6 | may be shipped only to an address on either of those 2 | ||||||
7 | documents. | ||||||
8 | (c) The provisions of this Section regarding the transfer | ||||||
9 | of firearm ammunition shall not apply to those persons | ||||||
10 | specified in paragraph (b) of Section 2 of this Act. | ||||||
11 | (Source: P.A. 102-237, eff. 1-1-24; 102-538, eff. 8-20-21; | ||||||
12 | 102-813, eff. 5-13-22; 102-1116, eff. 1-10-23 .) | ||||||
13 | (430 ILCS 65/3.1) (from Ch. 38, par. 83-3.1) | ||||||
14 | Sec. 3.1. Firearm Transfer Inquiry Program. | ||||||
15 | (a) The Illinois State Police shall provide a dial up | ||||||
16 | telephone system or utilize other existing technology which | ||||||
17 | shall be used by any federally licensed firearm dealer, gun | ||||||
18 | show promoter, or gun show vendor who is to transfer a firearm, | ||||||
19 | stun gun, or taser under the provisions of this Act. The | ||||||
20 | Illinois State Police may utilize existing technology which | ||||||
21 | allows the caller to be charged a fee not to exceed $2. Fees | ||||||
22 | collected by the Illinois State Police shall be deposited in | ||||||
23 | the State Police Firearm Services Fund and used to provide the | ||||||
24 | service. Beginning January 1, 2026, a federally licensed | ||||||
25 | firearm dealer, gun show promoter, and gun show vendor shall |
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1 | additionally check the Illinois State Police Internet-based | ||||||
2 | system upon which the serial numbers of firearms that have | ||||||
3 | been reported stolen are available for public access to ensure | ||||||
4 | any firearms are not reported stolen prior to the sale or | ||||||
5 | transfer of a firearm under subsection (a-25) of Section 3 of | ||||||
6 | this Act. New firearms shipped directly from the manufacturer | ||||||
7 | are exempt from this provision. | ||||||
8 | (b) Upon receiving a request from a federally licensed | ||||||
9 | firearm dealer, gun show promoter, or gun show vendor, the | ||||||
10 | Illinois State Police shall immediately approve or, within the | ||||||
11 | time period established by Section 24-3 of the Criminal Code | ||||||
12 | of 2012 regarding the delivery of firearms, stun guns, and | ||||||
13 | tasers, notify the inquiring dealer, gun show promoter, or gun | ||||||
14 | show vendor of any objection that would disqualify the | ||||||
15 | transferee from acquiring or possessing a firearm, stun gun, | ||||||
16 | or taser. In conducting the inquiry, the Illinois State Police | ||||||
17 | shall initiate and complete an automated search of its | ||||||
18 | criminal history record information files and those of the | ||||||
19 | Federal Bureau of Investigation, including the National | ||||||
20 | Instant Criminal Background Check System, and of the files of | ||||||
21 | the Department of Human Services relating to mental health and | ||||||
22 | developmental disabilities to obtain any felony conviction or | ||||||
23 | patient hospitalization information which would disqualify a | ||||||
24 | person from obtaining or require revocation of a currently | ||||||
25 | valid Firearm Owner's Identification Card. | ||||||
26 | (b-5) By January 1, 2023, the Illinois State Police shall |
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1 | by rule provide a process for the automatic renewal of the | ||||||
2 | Firearm Owner's Identification Card of a person at the time of | ||||||
3 | an inquiry in subsection (b). Persons eligible for this | ||||||
4 | process must have a set of fingerprints on file with their | ||||||
5 | applications under either subsection (a-25) of Section 4 or | ||||||
6 | the Firearm Concealed Carry Act. | ||||||
7 | (c) If receipt of a firearm would not violate Section 24-3 | ||||||
8 | of the Criminal Code of 2012, federal law, or this Act, the | ||||||
9 | Illinois State Police shall: | ||||||
10 | (1) assign a unique identification number to the | ||||||
11 | transfer; and | ||||||
12 | (2) provide the licensee, gun show promoter, or gun | ||||||
13 | show vendor with the number. | ||||||
14 | (d) Approvals issued by the Illinois State Police for the | ||||||
15 | purchase of a firearm are valid for 30 days from the date of | ||||||
16 | issue. | ||||||
17 | (e) (1) The Illinois State Police must act as the Illinois | ||||||
18 | Point of Contact for the National Instant Criminal Background | ||||||
19 | Check System. | ||||||
20 | (2) The Illinois State Police and the Department of Human | ||||||
21 | Services shall, in accordance with State and federal law | ||||||
22 | regarding confidentiality, enter into a memorandum of | ||||||
23 | understanding with the Federal Bureau of Investigation for the | ||||||
24 | purpose of implementing the National Instant Criminal | ||||||
25 | Background Check System in the State. The Illinois State | ||||||
26 | Police shall report the name, date of birth, and physical |
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1 | description of any person prohibited from possessing a firearm | ||||||
2 | pursuant to the Firearm Owners Identification Card Act or 18 | ||||||
3 | U.S.C. 922(g) and (n) to the National Instant Criminal | ||||||
4 | Background Check System Index, Denied Persons Files. | ||||||
5 | (3) The Illinois State Police shall provide notice of the | ||||||
6 | disqualification of a person under subsection (b) of this | ||||||
7 | Section or the revocation of a person's Firearm Owner's | ||||||
8 | Identification Card under Section 8 or Section 8.2 of this | ||||||
9 | Act, and the reason for the disqualification or revocation, to | ||||||
10 | all law enforcement agencies with jurisdiction to assist with | ||||||
11 | the seizure of the person's Firearm Owner's Identification | ||||||
12 | Card. | ||||||
13 | (f) The Illinois State Police shall adopt rules not | ||||||
14 | inconsistent with this Section to implement this system. | ||||||
15 | (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; | ||||||
16 | 102-813, eff. 5-13-22.) | ||||||
17 | (430 ILCS 65/7.10 new) | ||||||
18 | Sec. 7.10. Notice of obligation to report lost or stolen | ||||||
19 | firearm. Upon the issuance and each renewal of a Firearm | ||||||
20 | Owner's Identification Card, the Illinois State Police shall | ||||||
21 | advise the applicant or holder in writing, in both English and | ||||||
22 | Spanish, of his or her obligation to report to local law | ||||||
23 | enforcement any lost or stolen firearm within 48 hours after | ||||||
24 | he or she first discovers the loss or theft. A person is deemed | ||||||
25 | to have discovered that a firearm was lost or stolen only when |
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1 | the person has received evidence indicating that a loss or | ||||||
2 | theft has occurred. | ||||||
3 | (430 ILCS 65/8) (from Ch. 38, par. 83-8) | ||||||
4 | Sec. 8. Grounds for denial and revocation. The Illinois | ||||||
5 | State Police has authority to deny an application for or to | ||||||
6 | revoke and seize a Firearm Owner's Identification Card | ||||||
7 | previously issued under this Act only if the Illinois State | ||||||
8 | Police finds that the applicant or the person to whom such card | ||||||
9 | was issued is or was at the time of issuance: | ||||||
10 | (a) A person under 21 years of age who has been | ||||||
11 | convicted of a misdemeanor other than a traffic offense or | ||||||
12 | adjudged delinquent; | ||||||
13 | (b) This subsection (b) applies through the 180th day | ||||||
14 | following July 12, 2019 (the effective date of Public Act | ||||||
15 | 101-80). A person under 21 years of age who does not have | ||||||
16 | the written consent of his parent or guardian to acquire | ||||||
17 | and possess firearms and firearm ammunition, or whose | ||||||
18 | parent or guardian has revoked such written consent, or | ||||||
19 | where such parent or guardian does not qualify to have a | ||||||
20 | Firearm Owner's Identification Card; | ||||||
21 | (b-5) This subsection (b-5) applies on and after the | ||||||
22 | 181st day following July 12, 2019 (the effective date of | ||||||
23 | Public Act 101-80). A person under 21 years of age who is | ||||||
24 | not an active duty member of the United States Armed | ||||||
25 | Forces or the Illinois National Guard and does not have |
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1 | the written consent of his or her parent or guardian to | ||||||
2 | acquire and possess firearms and firearm ammunition, or | ||||||
3 | whose parent or guardian has revoked such written consent, | ||||||
4 | or where such parent or guardian does not qualify to have a | ||||||
5 | Firearm Owner's Identification Card; | ||||||
6 | (c) A person convicted of a felony under the laws of | ||||||
7 | this or any other jurisdiction; | ||||||
8 | (d) A person addicted to narcotics; | ||||||
9 | (e) A person who has been a patient of a mental health | ||||||
10 | facility within the past 5 years or a person who has been a | ||||||
11 | patient in a mental health facility more than 5 years ago | ||||||
12 | who has not received the certification required under | ||||||
13 | subsection (u) of this Section. An active law enforcement | ||||||
14 | officer employed by a unit of government or a Department | ||||||
15 | of Corrections employee authorized to possess firearms who | ||||||
16 | is denied, revoked, or has his or her Firearm Owner's | ||||||
17 | Identification Card seized under this subsection (e) may | ||||||
18 | obtain relief as described in subsection (c-5) of Section | ||||||
19 | 10 of this Act if the officer or employee did not act in a | ||||||
20 | manner threatening to the officer or employee, another | ||||||
21 | person, or the public as determined by the treating | ||||||
22 | clinical psychologist or physician, and the officer or | ||||||
23 | employee seeks mental health treatment; | ||||||
24 | (f) A person whose mental condition is of such a | ||||||
25 | nature that it poses a clear and present danger to the | ||||||
26 | applicant, any other person or persons, or the community; |
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1 | (g) A person who has an intellectual disability; | ||||||
2 | (h) A person who intentionally makes a false statement | ||||||
3 | in the Firearm Owner's Identification Card application or | ||||||
4 | endorsement affidavit; | ||||||
5 | (i) A noncitizen who is unlawfully present in the | ||||||
6 | United States under the laws of the United States; | ||||||
7 | (i-5) A noncitizen who has been admitted to the United | ||||||
8 | States under a non-immigrant visa (as that term is defined | ||||||
9 | in Section 101(a)(26) of the Immigration and Nationality | ||||||
10 | Act (8 U.S.C. 1101(a)(26))), except that this subsection | ||||||
11 | (i-5) does not apply to any noncitizen who has been | ||||||
12 | lawfully admitted to the United States under a | ||||||
13 | non-immigrant visa if that noncitizen is: | ||||||
14 | (1) admitted to the United States for lawful | ||||||
15 | hunting or sporting purposes; | ||||||
16 | (2) an official representative of a foreign | ||||||
17 | government who is: | ||||||
18 | (A) accredited to the United States Government | ||||||
19 | or the Government's mission to an international | ||||||
20 | organization having its headquarters in the United | ||||||
21 | States; or | ||||||
22 | (B) en route to or from another country to | ||||||
23 | which that noncitizen is accredited; | ||||||
24 | (3) an official of a foreign government or | ||||||
25 | distinguished foreign visitor who has been so | ||||||
26 | designated by the Department of State; |
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1 | (4) a foreign law enforcement officer of a | ||||||
2 | friendly foreign government entering the United States | ||||||
3 | on official business; or | ||||||
4 | (5) one who has received a waiver from the | ||||||
5 | Attorney General of the United States pursuant to 18 | ||||||
6 | U.S.C. 922(y)(3); | ||||||
7 | (j) (Blank); | ||||||
8 | (k) A person who has been convicted within the past 5 | ||||||
9 | years of battery, assault, aggravated assault, violation | ||||||
10 | of an order of protection, or a substantially similar | ||||||
11 | offense in another jurisdiction, in which a firearm was | ||||||
12 | used or possessed; | ||||||
13 | (l) A person who has been convicted of domestic | ||||||
14 | battery, aggravated domestic battery, or a substantially | ||||||
15 | similar offense in another jurisdiction committed before, | ||||||
16 | on or after January 1, 2012 (the effective date of Public | ||||||
17 | Act 97-158). If the applicant or person who has been | ||||||
18 | previously issued a Firearm Owner's Identification Card | ||||||
19 | under this Act knowingly and intelligently waives the | ||||||
20 | right to have an offense described in this paragraph (l) | ||||||
21 | tried by a jury, and by guilty plea or otherwise, results | ||||||
22 | in a conviction for an offense in which a domestic | ||||||
23 | relationship is not a required element of the offense but | ||||||
24 | in which a determination of the applicability of 18 U.S.C. | ||||||
25 | 922(g)(9) is made under Section 112A-11.1 of the Code of | ||||||
26 | Criminal Procedure of 1963, an entry by the court of a |
| |||||||
| |||||||
1 | judgment of conviction for that offense shall be grounds | ||||||
2 | for denying an application for and for revoking and | ||||||
3 | seizing a Firearm Owner's Identification Card previously | ||||||
4 | issued to the person under this Act; | ||||||
5 | (m) (Blank); | ||||||
6 | (n) A person who is prohibited from acquiring or | ||||||
7 | possessing firearms or firearm ammunition by any Illinois | ||||||
8 | State statute or by federal law; | ||||||
9 | (o) A minor subject to a petition filed under Section | ||||||
10 | 5-520 of the Juvenile Court Act of 1987 alleging that the | ||||||
11 | minor is a delinquent minor for the commission of an | ||||||
12 | offense that if committed by an adult would be a felony; | ||||||
13 | (p) An adult who had been adjudicated a delinquent | ||||||
14 | minor under the Juvenile Court Act of 1987 for the | ||||||
15 | commission of an offense that if committed by an adult | ||||||
16 | would be a felony; | ||||||
17 | (q) A person who is not a resident of the State of | ||||||
18 | Illinois, except as provided in subsection (a-10) of | ||||||
19 | Section 4; | ||||||
20 | (r) A person who has been adjudicated as a person with | ||||||
21 | a mental disability; | ||||||
22 | (s) A person who has been found to have a | ||||||
23 | developmental disability; | ||||||
24 | (t) A person involuntarily admitted into a mental | ||||||
25 | health facility; or | ||||||
26 | (u) A person who has had his or her Firearm Owner's |
| |||||||
| |||||||
1 | Identification Card revoked or denied under subsection (e) | ||||||
2 | of this Section or item (iv) of paragraph (2) of | ||||||
3 | subsection (a) of Section 4 of this Act because he or she | ||||||
4 | was a patient in a mental health facility as provided in | ||||||
5 | subsection (e) of this Section, shall not be permitted to | ||||||
6 | obtain a Firearm Owner's Identification Card, after the | ||||||
7 | 5-year period has lapsed, unless he or she has received a | ||||||
8 | mental health evaluation by a physician, clinical | ||||||
9 | psychologist, or qualified examiner as those terms are | ||||||
10 | defined in the Mental Health and Developmental | ||||||
11 | Disabilities Code, and has received a certification that | ||||||
12 | he or she is not a clear and present danger to himself, | ||||||
13 | herself, or others. The physician, clinical psychologist, | ||||||
14 | or qualified examiner making the certification and his or | ||||||
15 | her employer shall not be held criminally, civilly, or | ||||||
16 | professionally liable for making or not making the | ||||||
17 | certification required under this subsection, except for | ||||||
18 | willful or wanton misconduct. This subsection does not | ||||||
19 | apply to a person whose firearm possession rights have | ||||||
20 | been restored through administrative or judicial action | ||||||
21 | under Section 10 or 11 of this Act ; or | ||||||
22 | (v) A person who fails to report a loss or theft of a | ||||||
23 | firearm within 48 hours of the discovery of such loss or | ||||||
24 | theft to local law enforcement as required under | ||||||
25 | subsection (a) of Section 24-4.1 of the Criminal Code of | ||||||
26 | 2012 . |
| |||||||
| |||||||
1 | Upon revocation of a person's Firearm Owner's | ||||||
2 | Identification Card, the Illinois State Police shall provide | ||||||
3 | notice to the person and the person shall comply with Section | ||||||
4 | 9.5 of this Act. | ||||||
5 | (Source: P.A. 101-80, eff. 7-12-19; 102-538, eff. 8-20-21; | ||||||
6 | 102-645, eff. 1-1-22; 102-813, eff. 5-13-22; 102-1030, eff. | ||||||
7 | 5-27-22; 102-1116, eff. 1-10-23.) | ||||||
8 | (430 ILCS 65/8.1) (from Ch. 38, par. 83-8.1) | ||||||
9 | Sec. 8.1. Notifications to the Illinois State Police. | ||||||
10 | (a) The Circuit Clerk shall, in the form and manner | ||||||
11 | required by the Supreme Court, notify the Illinois State | ||||||
12 | Police of all final dispositions of cases for which the | ||||||
13 | Department has received information reported to it under | ||||||
14 | Sections 2.1 and 2.2 of the Criminal Identification Act. | ||||||
15 | (b) Upon adjudication of any individual as a person with a | ||||||
16 | mental disability as defined in Section 1.1 of this Act or a | ||||||
17 | finding that a person has been involuntarily admitted, the | ||||||
18 | court shall direct the circuit court clerk to immediately | ||||||
19 | notify the Illinois State Police, Firearm Owner's | ||||||
20 | Identification (FOID) department, and shall forward a copy of | ||||||
21 | the court order to the Department. | ||||||
22 | (b-1) Beginning July 1, 2016, and each July 1 and December | ||||||
23 | 30 of every year thereafter, the circuit court clerk shall, in | ||||||
24 | the form and manner prescribed by the Illinois State Police, | ||||||
25 | notify the Illinois State Police, Firearm Owner's |
| |||||||
| |||||||
1 | Identification (FOID) department if the court has not directed | ||||||
2 | the circuit court clerk to notify the Illinois State Police, | ||||||
3 | Firearm Owner's Identification (FOID) department under | ||||||
4 | subsection (b) of this Section, within the preceding 6 months, | ||||||
5 | because no person has been adjudicated as a person with a | ||||||
6 | mental disability by the court as defined in Section 1.1 of | ||||||
7 | this Act or if no person has been involuntarily admitted. The | ||||||
8 | Supreme Court may adopt any orders or rules necessary to | ||||||
9 | identify the persons who shall be reported to the Illinois | ||||||
10 | State Police under subsection (b), or any other orders or | ||||||
11 | rules necessary to implement the requirements of this Act. | ||||||
12 | (c) The Department of Human Services shall, in the form | ||||||
13 | and manner prescribed by the Illinois State Police, report all | ||||||
14 | information collected under subsection (b) of Section 12 of | ||||||
15 | the Mental Health and Developmental Disabilities | ||||||
16 | Confidentiality Act for the purpose of determining whether a | ||||||
17 | person who may be or may have been a patient in a mental health | ||||||
18 | facility is disqualified under State or federal law from | ||||||
19 | receiving or retaining a Firearm Owner's Identification Card, | ||||||
20 | or purchasing a weapon. | ||||||
21 | (d) If a person is determined to pose a clear and present | ||||||
22 | danger to himself, herself, or to others: | ||||||
23 | (1) by a physician, clinical psychologist, or | ||||||
24 | qualified examiner, or is determined to have a | ||||||
25 | developmental disability by a physician, clinical | ||||||
26 | psychologist, or qualified examiner, whether employed by |
| |||||||
| |||||||
1 | the State or privately, then the physician, clinical | ||||||
2 | psychologist, or qualified examiner shall, within 24 hours | ||||||
3 | of making the determination, notify the Department of | ||||||
4 | Human Services that the person poses a clear and present | ||||||
5 | danger or has a developmental disability; or | ||||||
6 | (2) by a law enforcement official or school | ||||||
7 | administrator, then the law enforcement official or school | ||||||
8 | administrator shall, within 24 hours of making the | ||||||
9 | determination, notify the Illinois State Police that the | ||||||
10 | person poses a clear and present danger. | ||||||
11 | The Department of Human Services shall immediately update | ||||||
12 | its records and information relating to mental health and | ||||||
13 | developmental disabilities, and if appropriate, shall notify | ||||||
14 | the Illinois State Police in a form and manner prescribed by | ||||||
15 | the Illinois State Police. The Illinois State Police shall | ||||||
16 | determine whether to revoke the person's Firearm Owner's | ||||||
17 | Identification Card under Section 8 of this Act. Any | ||||||
18 | information disclosed under this subsection shall remain | ||||||
19 | privileged and confidential, and shall not be redisclosed, | ||||||
20 | except as required under subsection (e) of Section 3.1 of this | ||||||
21 | Act, nor used for any other purpose. The method of providing | ||||||
22 | this information shall guarantee that the information is not | ||||||
23 | released beyond what is necessary for the purpose of this | ||||||
24 | Section and shall be provided by rule by the Department of | ||||||
25 | Human Services. The identity of the person reporting under | ||||||
26 | this Section shall not be disclosed to the subject of the |
| |||||||
| |||||||
1 | report. The physician, clinical psychologist, qualified | ||||||
2 | examiner, law enforcement official, or school administrator | ||||||
3 | making the determination and his or her employer shall not be | ||||||
4 | held criminally, civilly, or professionally liable for making | ||||||
5 | or not making the notification required under this subsection, | ||||||
6 | except for willful or wanton misconduct. | ||||||
7 | (d-5) If a law enforcement official determines that a | ||||||
8 | person has failed to report a lost or stolen firearm as | ||||||
9 | required by Section 24-4.1 of the Criminal Code of 2012, then | ||||||
10 | the law enforcement official shall, within 24 hours of making | ||||||
11 | that determination, notify the Illinois State Police that the | ||||||
12 | person has failed to report a lost or stolen firearm. The law | ||||||
13 | enforcement official shall notify the Illinois State Police in | ||||||
14 | a form and manner prescribed by the Illinois State Police. The | ||||||
15 | Illinois State Police shall determine whether to revoke the | ||||||
16 | person's Firearm Owner's Identification Card under Section 8 | ||||||
17 | of this Act. Any information disclosed under this subsection | ||||||
18 | shall remain privileged and confidential, and shall not be | ||||||
19 | redisclosed, except as required under subsection (e) of | ||||||
20 | Section 3.1 of this Act, nor used for any other purpose. | ||||||
21 | (e) The Illinois State Police shall adopt rules to | ||||||
22 | implement this Section. | ||||||
23 | (Source: P.A. 102-538, eff. 8-20-21.) | ||||||
24 | Section 10. The Firearm Concealed Carry Act is amended by | ||||||
25 | adding Section 56 as follows: |
| |||||||
| |||||||
1 | (430 ILCS 66/56 new) | ||||||
2 | Sec. 56. Notice of obligation to report lost or stolen | ||||||
3 | firearm. Upon the issuance and each renewal of a concealed | ||||||
4 | carry license, the Illinois State Police shall advise the | ||||||
5 | applicant or licensee in writing, in both English and Spanish, | ||||||
6 | of his or her obligation to report to local law enforcement any | ||||||
7 | lost or stolen firearm within 48 hours after he or she first | ||||||
8 | discovers the theft or loss. | ||||||
9 | Section 15. The Firearm Dealer License Certification Act | ||||||
10 | is amended by changing Section 5-20 as follows: | ||||||
11 | (430 ILCS 68/5-20) | ||||||
12 | Sec. 5-20. Additional licensee requirements. | ||||||
13 | (a) A certified licensee shall make a photo copy of a | ||||||
14 | buyer's or transferee's valid photo identification card | ||||||
15 | whenever a firearm sale transaction takes place. The photo | ||||||
16 | copy shall be attached to the documentation detailing the | ||||||
17 | record of sale. | ||||||
18 | (b) A certified licensee shall post in a conspicuous | ||||||
19 | position on the premises where the licensee conducts business | ||||||
20 | a sign that contains the following warning in block letters | ||||||
21 | not less than one inch in height: | ||||||
22 | "With few exceptions enumerated in the Firearm Owners | ||||||
23 | Identification Card Act, it is unlawful for you to: |
| |||||||
| |||||||
1 | (A) store or leave an unsecured firearm in a place | ||||||
2 | where a child can obtain access to it; | ||||||
3 | (B) sell or transfer your firearm to someone else | ||||||
4 | without receiving approval for the transfer from the | ||||||
5 | Illinois State Police, or | ||||||
6 | (C) fail to report the loss or theft of your | ||||||
7 | firearm to local law enforcement within 72 hours.". | ||||||
8 | This sign shall be created by the Illinois State Police and | ||||||
9 | made available for printing or downloading from the Illinois | ||||||
10 | State Police's website. | ||||||
11 | (c) No retail location established after the effective | ||||||
12 | date of this Act shall be located within 500 feet of any | ||||||
13 | school, pre-school, or day care facility in existence at its | ||||||
14 | location before the retail location is established as measured | ||||||
15 | from the nearest corner of the building holding the retail | ||||||
16 | location to the corner of the school, pre-school, or day care | ||||||
17 | facility building nearest the retail location at the time the | ||||||
18 | retail location seeks licensure. | ||||||
19 | (d) A certified dealer who sells or transfers a firearm | ||||||
20 | shall notify the purchaser or the recipient, orally and in | ||||||
21 | writing, in both English and Spanish, at the time of the sale | ||||||
22 | or transfer, that the owner of a firearm is required to report | ||||||
23 | a lost or stolen firearm to local law enforcement within 48 | ||||||
24 | hours after the owner first discovers the loss or theft. The | ||||||
25 | Illinois State Police shall create a written notice, in both | ||||||
26 | English and Spanish, that certified dealers shall provide |
| |||||||
| |||||||
1 | firearm purchasers or transferees in accordance with this | ||||||
2 | provision and make such notice available for printing or | ||||||
3 | downloading from the Illinois State Police website. | ||||||
4 | (Source: P.A. 102-538, eff. 8-20-21.) | ||||||
5 | Section 20. The Criminal Code of 2012 is amended by | ||||||
6 | changing Sections 24-3.8, 24-3.9, 24-3B, and 24-4.1 as | ||||||
7 | follows: | ||||||
8 | (720 ILCS 5/24-3.8) | ||||||
9 | Sec. 24-3.8. Possession of a stolen firearm. | ||||||
10 | (a) A person commits possession of a stolen firearm when | ||||||
11 | he or she, not being entitled to the possession of a firearm, | ||||||
12 | possesses the firearm while he or she knows or reasonably | ||||||
13 | should know the firearm , knowing it to have been stolen or | ||||||
14 | converted. The trier of fact may infer that a person who | ||||||
15 | possesses a firearm with knowledge that its serial number has | ||||||
16 | been removed or altered has knowledge or reasonably should | ||||||
17 | know that the firearm is stolen or converted. The trier of fact | ||||||
18 | may, but is not required to, infer that a person who possesses | ||||||
19 | a firearm purchased on or after January 1, 2026, with a make, | ||||||
20 | model, and serial number reported as stolen on the Illinois | ||||||
21 | State Police publicly accessible stolen firearm database under | ||||||
22 | subsection (a-25) of Section 3 of the Firearm Owners | ||||||
23 | Identification Card Act knows or reasonably should know that | ||||||
24 | the firearm is stolen or converted. |
| |||||||
| |||||||
1 | (b) Possession of a stolen firearm is a Class 2 felony. | ||||||
2 | (Source: P.A. 97-597, eff. 1-1-12; incorporates 97-347, eff. | ||||||
3 | 1-1-12; 97-1109, eff. 1-1-13.) | ||||||
4 | (720 ILCS 5/24-3.9) | ||||||
5 | Sec. 24-3.9. Aggravated possession of a stolen firearm. | ||||||
6 | (a) A person commits aggravated possession of a stolen | ||||||
7 | firearm when he or she: | ||||||
8 | (1) Not being entitled to the possession of not less | ||||||
9 | than 2 and not more than 5 firearms, possesses those | ||||||
10 | firearms at the same time or within a one-year period, | ||||||
11 | knows or reasonably should know knowing the firearms to | ||||||
12 | have been stolen or converted. | ||||||
13 | (2) Not being entitled to the possession of not less | ||||||
14 | than 6 and not more than 10 firearms, possesses those | ||||||
15 | firearms at the same time or within a 2-year period, knows | ||||||
16 | or reasonably should know knowing the firearms to have | ||||||
17 | been stolen or converted. | ||||||
18 | (3) Not being entitled to the possession of not less | ||||||
19 | than 11 and not more than 20 firearms, possesses those | ||||||
20 | firearms at the same time or within a 3-year period, knows | ||||||
21 | or reasonably should know knowing the firearms to have | ||||||
22 | been stolen or converted. | ||||||
23 | (4) Not being entitled to the possession of not less | ||||||
24 | than 21 and not more than 30 firearms, possesses those | ||||||
25 | firearms at the same time or within a 4-year period, knows |
| |||||||
| |||||||
1 | or reasonably should know knowing the firearms to have | ||||||
2 | been stolen or converted. | ||||||
3 | (5) Not being entitled to the possession of more than | ||||||
4 | 30 firearms, possesses those firearms at the same time or | ||||||
5 | within a 5-year period, knows or reasonably should know | ||||||
6 | knowing the firearms to have been stolen or converted. | ||||||
7 | (b) The trier of fact may infer that a person who possesses | ||||||
8 | a firearm with knowledge that its serial number has been | ||||||
9 | removed or altered has knowledge or reasonably should know | ||||||
10 | that the firearm is stolen or converted. The trier of fact may, | ||||||
11 | but is not required to, infer that a person who possesses a | ||||||
12 | firearm purchased on or after January 1, 2026, with a make, | ||||||
13 | model, and serial number reported as stolen on the Illinois | ||||||
14 | State Police publicly accessible stolen firearm database under | ||||||
15 | subsection (a-25) of Section 3 of the Firearm Owners | ||||||
16 | Identification Card Act knows or reasonably should know that | ||||||
17 | the firearm is stolen or converted. | ||||||
18 | (c) Sentence. | ||||||
19 | (1) A person who violates paragraph (1) of subsection | ||||||
20 | (a) of this Section commits a Class 1 felony. | ||||||
21 | (2) A person who violates paragraph (2) of subsection | ||||||
22 | (a) of this Section commits a Class X felony for which he | ||||||
23 | or she shall be sentenced to a term of imprisonment of not | ||||||
24 | less than 6 years and not more than 30 years. | ||||||
25 | (3) A person who violates paragraph (3) of subsection | ||||||
26 | (a) of this Section commits a Class X felony for which he |
| |||||||
| |||||||
1 | or she shall be sentenced to a term of imprisonment of not | ||||||
2 | less than 6 years and not more than 40 years. | ||||||
3 | (4) A person who violates paragraph (4) of subsection | ||||||
4 | (a) of this Section commits a Class X felony for which he | ||||||
5 | or she shall be sentenced to a term of imprisonment of not | ||||||
6 | less than 6 years and not more than 50 years. | ||||||
7 | (5) A person who violates paragraph (5) of subsection | ||||||
8 | (a) of this Section commits a Class X felony for which he | ||||||
9 | or she shall be sentenced to a term of imprisonment of not | ||||||
10 | less than 6 years and not more than 60 years. | ||||||
11 | (Source: P.A. 97-597, eff. 1-1-12; incorporates 97-347, eff. | ||||||
12 | 1-1-12; 97-1109, eff. 1-1-13.) | ||||||
13 | (720 ILCS 5/24-3B) | ||||||
14 | Sec. 24-3B. Firearms trafficking. | ||||||
15 | (a) A person commits firearms trafficking when he or she | ||||||
16 | has not been issued a currently valid Firearm Owner's | ||||||
17 | Identification Card and knowingly: | ||||||
18 | (1) brings, or causes to be brought, into this State, | ||||||
19 | a firearm or firearm ammunition for the purpose of sale, | ||||||
20 | delivery, or transfer to any other person or with the | ||||||
21 | intent to sell, deliver, or transfer the firearm or | ||||||
22 | firearm ammunition to any other person; or | ||||||
23 | (2) brings, or causes to be brought, into this State, | ||||||
24 | a firearm and firearm ammunition for the purpose of sale, | ||||||
25 | delivery, or transfer to any other person or with the |
| |||||||
| |||||||
1 | intent to sell, deliver, or transfer the firearm and | ||||||
2 | firearm ammunition to any other person ; or | ||||||
3 | (3) transports on an expressway in this State a | ||||||
4 | vehicle any stolen firearm or a firearm the possessor | ||||||
5 | reasonably should know was stolen . | ||||||
6 | (a-1) The trier of fact may, but is not required to, infer | ||||||
7 | that a person who possesses a firearm purchased on or after | ||||||
8 | January 1, 2026, with a make, model, and serial number | ||||||
9 | reported as stolen on the Illinois State Police publicly | ||||||
10 | accessible stolen firearm database under subsection (a-25) of | ||||||
11 | Section 3 of the Firearm Owners Identification Card Act knows | ||||||
12 | or reasonably should know that the firearm is stolen or | ||||||
13 | converted. | ||||||
14 | (a-2) In this Section, "expressway" has the meaning | ||||||
15 | provided in Section 1-119.3 of the Illinois Vehicle Code. | ||||||
16 | (a-5) This Section does not apply to: | ||||||
17 | (1) a person exempt under Section 2 of the Firearm | ||||||
18 | Owners Identification Card Act from the requirement of | ||||||
19 | having possession of a Firearm Owner's Identification Card | ||||||
20 | previously issued in his or her name by the Illinois State | ||||||
21 | Police in order to acquire or possess a firearm or firearm | ||||||
22 | ammunition; | ||||||
23 | (2) a common carrier under subsection (i) of Section | ||||||
24 | 24-2 of this Code; or | ||||||
25 | (3) a non-resident who may lawfully possess a firearm | ||||||
26 | in his or her resident state. |
| |||||||
| |||||||
1 | (b) Sentence. | ||||||
2 | (1) Firearms trafficking is a Class 1 felony for which | ||||||
3 | the person, if sentenced to a term of imprisonment, shall | ||||||
4 | be sentenced to not less than 4 years and not more than 20 | ||||||
5 | years. | ||||||
6 | (2) Firearms trafficking by a person who has been | ||||||
7 | previously convicted of firearms trafficking, gunrunning, | ||||||
8 | or a felony offense for the unlawful sale, delivery, or | ||||||
9 | transfer of a firearm or firearm ammunition in this State | ||||||
10 | or another jurisdiction is a Class X felony. | ||||||
11 | (Source: P.A. 102-538, eff. 8-20-21.) | ||||||
12 | (720 ILCS 5/24-4.1) | ||||||
13 | Sec. 24-4.1. Report of lost or stolen firearms. | ||||||
14 | (a) If a person who possesses a valid Firearm Owner's | ||||||
15 | Identification Card and who possesses or acquires a firearm | ||||||
16 | thereafter loses the firearm, or if the firearm is stolen from | ||||||
17 | the person, the person must report the loss or theft of any | ||||||
18 | such firearm to the local law enforcement agency within 48 72 | ||||||
19 | hours after obtaining knowledge of the loss or theft. The | ||||||
20 | report shall include: | ||||||
21 | (1) the date the firearm was lost or stolen; | ||||||
22 | (2) the exact location where the firearm was lost or | ||||||
23 | stolen or, if the exact location is not known, the last | ||||||
24 | known location of the firearm; | ||||||
25 | (3) the caliber, make, model, and serial number of the |
| |||||||
| |||||||
1 | firearm; and | ||||||
2 | (4) a description of the circumstances under which the | ||||||
3 | firearm was lost or stolen. | ||||||
4 | (b) A law enforcement agency having jurisdiction shall | ||||||
5 | take a written report and shall, as soon as practical, and in | ||||||
6 | no event later than 48 hours after receiving the report, enter | ||||||
7 | the information and the firearm's serial number as stolen into | ||||||
8 | the Law Enforcement Agencies Data System (LEADS). | ||||||
9 | (c) A person shall not be in violation of this Section if: | ||||||
10 | (1) the failure to report is due to an act of God, act | ||||||
11 | of war, or inability of a law enforcement agency to | ||||||
12 | receive the report; | ||||||
13 | (2) the person is hospitalized, in a coma, or is | ||||||
14 | otherwise seriously physically or mentally impaired as to | ||||||
15 | prevent the person from reporting; or | ||||||
16 | (3) the person's designee makes a report if the person | ||||||
17 | is unable to make the report. | ||||||
18 | (d) Sentence. A person who violates this Section is guilty | ||||||
19 | of a petty offense for a first violation. A second or | ||||||
20 | subsequent violation of this Section is a Class A misdemeanor. | ||||||
21 | For a second or subsequent offense, the failure to report a | ||||||
22 | loss or theft of a firearm within 48 hours of the discovery of | ||||||
23 | such loss or theft as required under subsection (a) shall | ||||||
24 | result in revocation of the person's Firearm Owner's | ||||||
25 | Identification Card. Pursuant to subsection (a) of Section 10 | ||||||
26 | of the Firearm Owners Identification Card Act, a person whose |
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
1 | card is revoked under this Section may file a record challenge | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
2 | with the Director of the Illinois State Police as provided in | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
3 | subsection (a-10) of Section 10 of that Act or appeal to the | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
4 | Firearm Owner's Identification Card Review Board for relief as | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
5 | provided in subsection (c) of Section 10 of that Act. | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
6 | (e) A prosecution for an offense under this Section may be | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
7 | commenced within 3 years after the discovery by law | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
8 | enforcement or prosecution of the failure to report the theft | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
9 | or loss of a firearm as required under subsection (a). | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
10 | (Source: P.A. 98-508, eff. 8-19-13.) | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
11 | Section 97. Severability. The provisions of this Act are | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
12 | severable under Section 1.31 of the Statute on Statutes. | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
13 | Section 99. Effective date. This Act takes effect January | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
14 | 1, 2026. | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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