SB1962 Enrolled LRB094 11402 RLC 42294 b

1     AN ACT concerning firearms.
 
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 the title of the Act and Sections 1, 1.1,
6 2, 3, and 3.1 as follows:
 
7     (430 ILCS 65/Act title)
8 An Act relating to the acquisition, possession and transfer
9 of firearms, and firearm ammunition, stun guns, and tasers, to
10 provide a penalty for the violation thereof and to make an
11 appropriation in connection therewith.
 
12     (430 ILCS 65/1)  (from Ch. 38, par. 83-1)
13     Sec. 1. It is hereby declared as a matter of legislative
14 determination that in order to promote and protect the health,
15 safety and welfare of the public, it is necessary and in the
16 public interest to provide a system of identifying persons who
17 are not qualified to acquire or possess firearms, and firearm
18 ammunition, stun guns, and tasers within the State of Illinois
19 by the establishment of a system of Firearm Owner's
20 Identification Cards, thereby establishing a practical and
21 workable system by which law enforcement authorities will be
22 afforded an opportunity to identify those persons who are
23 prohibited by Section 24--3.1 of the "Criminal Code of 1961",
24 as amended, from acquiring or possessing firearms and firearm
25 ammunition and who are prohibited by this Act from acquiring
26 stun guns and tasers.
27 (Source: Laws 1967, p. 2600.)
 
28     (430 ILCS 65/1.1)  (from Ch. 38, par. 83-1.1)
29     Sec. 1.1. For purposes of this Act:
30     "Counterfeit" means to copy or imitate, without legal

 

 

SB1962 Enrolled - 2 - LRB094 11402 RLC 42294 b

1 authority, with intent to deceive.
2     "Firearm" means any device, by whatever name known, which
3 is designed to expel a projectile or projectiles by the action
4 of an explosion, expansion of gas or escape of gas; excluding,
5 however:
6         (1) any pneumatic gun, spring gun, paint ball gun or
7     B-B gun which either expels a single globular projectile
8     not exceeding .18 inch in diameter and which has a maximum
9     muzzle velocity of less than 700 feet per second or
10     breakable paint balls containing washable marking colors;
11         (2) any device used exclusively for signalling or
12     safety and required or recommended by the United States
13     Coast Guard or the Interstate Commerce Commission;
14         (3) any device used exclusively for the firing of stud
15     cartridges, explosive rivets or similar industrial
16     ammunition; and
17         (4) an antique firearm (other than a machine-gun)
18     which, although designed as a weapon, the Department of
19     State Police finds by reason of the date of its
20     manufacture, value, design, and other characteristics is
21     primarily a collector's item and is not likely to be used
22     as a weapon.
23     "Firearm ammunition" means any self-contained cartridge or
24 shotgun shell, by whatever name known, which is designed to be
25 used or adaptable to use in a firearm; excluding, however:
26         (1) any ammunition exclusively designed for use with a
27     device used exclusively for signalling or safety and
28     required or recommended by the United States Coast Guard or
29     the Interstate Commerce Commission; and
30         (2) any ammunition designed exclusively for use with a
31     stud or rivet driver or other similar industrial
32     ammunition.
33     "Stun gun or taser" has the meaning ascribed to it in
34 Section 24-1 of the Criminal Code of 1961.
35 (Source: P.A. 91-357, eff. 7-29-99; 92-414, eff. 1-1-02.)
 

 

 

SB1962 Enrolled - 3 - LRB094 11402 RLC 42294 b

1     (430 ILCS 65/2)  (from Ch. 38, par. 83-2)
2     Sec. 2. Firearm Owner's Identification Card required;
3 exceptions.
4     (a) (1) No person may acquire or possess any firearm, stun
5     gun, or taser within this State without having in his or
6     her possession a Firearm Owner's Identification Card
7     previously issued in his or her name by the Department of
8     State Police under the provisions of this Act.
9         (2) No person may acquire or possess firearm ammunition
10     within this State without having in his or her possession a
11     Firearm Owner's Identification Card previously issued in
12     his or her name by the Department of State Police under the
13     provisions of this Act.
14     (b) The provisions of this Section regarding the possession
15 of firearms, and firearm ammunition, stun guns, and tasers do
16 not apply to:
17         (1) United States Marshals, while engaged in the
18     operation of their official duties;
19         (2) Members of the Armed Forces of the United States or
20     the National Guard, while engaged in the operation of their
21     official duties;
22         (3) Federal officials required to carry firearms,
23     while engaged in the operation of their official duties;
24         (4) Members of bona fide veterans organizations which
25     receive firearms directly from the armed forces of the
26     United States, while using the firearms for ceremonial
27     purposes with blank ammunition;
28         (5) Nonresident hunters during hunting season, with
29     valid nonresident hunting licenses and while in an area
30     where hunting is permitted; however, at all other times and
31     in all other places these persons must have their firearms
32     unloaded and enclosed in a case;
33         (6) Those hunters exempt from obtaining a hunting
34     license who are required to submit their Firearm Owner's
35     Identification Card when hunting on Department of Natural
36     Resources owned or managed sites;

 

 

SB1962 Enrolled - 4 - LRB094 11402 RLC 42294 b

1         (7) Nonresidents while on a firing or shooting range
2     recognized by the Department of State Police; however,
3     these persons must at all other times and in all other
4     places have their firearms unloaded and enclosed in a case;
5         (8) Nonresidents while at a firearm showing or display
6     recognized by the Department of State Police; however, at
7     all other times and in all other places these persons must
8     have their firearms unloaded and enclosed in a case;
9         (9) Nonresidents whose firearms are unloaded and
10     enclosed in a case;
11         (10) Nonresidents who are currently licensed or
12     registered to possess a firearm in their resident state;
13         (11) Unemancipated minors while in the custody and
14     immediate control of their parent or legal guardian or
15     other person in loco parentis to the minor if the parent or
16     legal guardian or other person in loco parentis to the
17     minor has a currently valid Firearm Owner's Identification
18     Card;
19         (12) Color guards of bona fide veterans organizations
20     or members of bona fide American Legion bands while using
21     firearms for ceremonial purposes with blank ammunition;
22         (13) Nonresident hunters whose state of residence does
23     not require them to be licensed or registered to possess a
24     firearm and only during hunting season, with valid hunting
25     licenses, while accompanied by, and using a firearm owned
26     by, a person who possesses a valid Firearm Owner's
27     Identification Card and while in an area within a
28     commercial club licensed under the Wildlife Code where
29     hunting is permitted and controlled, but in no instance
30     upon sites owned or managed by the Department of Natural
31     Resources;
32         (14) Resident hunters who are properly authorized to
33     hunt and, while accompanied by a person who possesses a
34     valid Firearm Owner's Identification Card, hunt in an area
35     within a commercial club licensed under the Wildlife Code
36     where hunting is permitted and controlled; and

 

 

SB1962 Enrolled - 5 - LRB094 11402 RLC 42294 b

1         (15) A person who is otherwise eligible to obtain a
2     Firearm Owner's Identification Card under this Act and is
3     under the direct supervision of a holder of a Firearm
4     Owner's Identification Card who is 21 years of age or older
5     while the person is on a firing or shooting range or is a
6     participant in a firearms safety and training course
7     recognized by a law enforcement agency or a national,
8     statewide shooting sports organization.
9     (c) The provisions of this Section regarding the
10 acquisition and possession of firearms, and firearm
11 ammunition, stun guns, and tasers do not apply to law
12 enforcement officials of this or any other jurisdiction, while
13 engaged in the operation of their official duties.
14 (Source: P.A. 91-694, eff. 4-13-00; 92-839, eff. 8-22-02.)
 
15     (430 ILCS 65/3)  (from Ch. 38, par. 83-3)
16     Sec. 3. (a) Except as provided in Section 3a, no person may
17 knowingly transfer, or cause to be transferred, any firearm, or
18 any firearm ammunition, stun gun, or taser to any person within
19 this State unless the transferee with whom he deals displays a
20 currently valid Firearm Owner's Identification Card which has
21 previously been issued in his name by the Department of State
22 Police under the provisions of this Act. In addition, all
23 firearm, stun gun, and taser transfers by federally licensed
24 firearm dealers are subject to Section 3.1.
25     (b) Any person within this State who transfers or causes to
26 be transferred any firearm, stun gun, or taser shall keep a
27 record of such transfer for a period of 10 years from the date
28 of transfer. Such record shall contain the date of the
29 transfer; the description, serial number or other information
30 identifying the firearm, stun gun, or taser if no serial number
31 is available; and, if the transfer was completed within this
32 State, the transferee's Firearm Owner's Identification Card
33 number. On demand of a peace officer such transferor shall
34 produce for inspection such record of transfer.
35     (c) The provisions of this Section regarding the transfer

 

 

SB1962 Enrolled - 6 - LRB094 11402 RLC 42294 b

1 of firearm ammunition shall not apply to those persons
2 specified in paragraph (b) of Section 2 of this Act.
3 (Source: P.A. 92-442, eff. 8-17-01.)
 
4     (430 ILCS 65/3.1)  (from Ch. 38, par. 83-3.1)
5     Sec. 3.1. Dial up system. The Department of State Police
6 shall provide a dial up telephone system which shall be used by
7 any federally licensed firearm dealer who is to transfer a
8 firearm, stun gun, or taser under the provisions of this Act.
9 The Department of State Police shall utilize existing
10 technology which allows the caller to be charged a fee
11 equivalent to the cost of providing this service but not to
12 exceed $2. Fees collected by the Department of State Police
13 shall be deposited in the State Police Services Fund and used
14 to provide the service.
15     Upon receiving a request from a federally licensed firearm
16 dealer, the Department of State Police shall immediately
17 approve, or within the time period established by Section 24-3
18 of the Criminal Code of 1961 regarding the delivery of
19 firearms, stun guns, and tasers notify the inquiring dealer of
20 any objection that would disqualify the transferee from
21 acquiring or possessing a firearm, stun gun, or taser. In
22 conducting the inquiry, the Department of State Police shall
23 initiate and complete an automated search of its criminal
24 history record information files and those of the Federal
25 Bureau of Investigation, including the National Instant
26 Criminal Background Check System, and of the files of the
27 Department of Human Services relating to mental health and
28 developmental disabilities to obtain any felony conviction or
29 patient hospitalization information which would disqualify a
30 person from obtaining or require revocation of a currently
31 valid Firearm Owner's Identification Card.
32     The Department of State Police must act as the Illinois
33 Point of Contact for the National Instant Criminal Background
34 Check System.
35     The Department of State Police shall promulgate rules to

 

 

SB1962 Enrolled - 7 - LRB094 11402 RLC 42294 b

1 implement this system.
2 (Source: P.A. 91-399, eff. 7-30-99.)
 
3     Section 10. The Criminal Code of 1961 is amended by
4 changing Section 24-3 as follows:
 
5     (720 ILCS 5/24-3)  (from Ch. 38, par. 24-3)
6     Sec. 24-3. Unlawful Sale of Firearms.
7     (A) A person commits the offense of unlawful sale of
8 firearms when he or she knowingly does any of the following:
9         (a) Sells or gives any firearm of a size which may be
10     concealed upon the person to any person under 18 years of
11     age.
12         (b) Sells or gives any firearm to a person under 21
13     years of age who has been convicted of a misdemeanor other
14     than a traffic offense or adjudged delinquent.
15         (c) Sells or gives any firearm to any narcotic addict.
16         (d) Sells or gives any firearm to any person who has
17     been convicted of a felony under the laws of this or any
18     other jurisdiction.
19         (e) Sells or gives any firearm to any person who has
20     been a patient in a mental hospital within the past 5
21     years.
22         (f) Sells or gives any firearms to any person who is
23     mentally retarded.
24         (g) Delivers any firearm of a size which may be
25     concealed upon the person, incidental to a sale, without
26     withholding delivery of such firearm for at least 72 hours
27     after application for its purchase has been made, or
28     delivers any rifle, shotgun or other long gun, or a stun
29     gun or taser, incidental to a sale, without withholding
30     delivery of such rifle, shotgun or other long gun, or a
31     stun gun or taser for at least 24 hours after application
32     for its purchase has been made. However, this paragraph (g)
33     does not apply to: (1) the sale of a firearm to a law
34     enforcement officer or a person who desires to purchase a

 

 

SB1962 Enrolled - 8 - LRB094 11402 RLC 42294 b

1     firearm for use in promoting the public interest incident
2     to his or her employment as a bank guard, armed truck
3     guard, or other similar employment; (2) a mail order sale
4     of a firearm to a nonresident of Illinois under which the
5     firearm is mailed to a point outside the boundaries of
6     Illinois; (3) the sale of a firearm to a nonresident of
7     Illinois while at a firearm showing or display recognized
8     by the Illinois Department of State Police; or (4) the sale
9     of a firearm to a dealer licensed as a federal firearms
10     dealer under Section 923 of the federal Gun Control Act of
11     1968 (18 U.S.C. 923).
12         (h) While holding any license as a dealer, importer,
13     manufacturer or pawnbroker under the federal Gun Control
14     Act of 1968, manufactures, sells or delivers to any
15     unlicensed person a handgun having a barrel, slide, frame
16     or receiver which is a die casting of zinc alloy or any
17     other nonhomogeneous metal which will melt or deform at a
18     temperature of less than 800 degrees Fahrenheit. For
19     purposes of this paragraph, (1) "firearm" is defined as in
20     the Firearm Owners Identification Card Act; and (2)
21     "handgun" is defined as a firearm designed to be held and
22     fired by the use of a single hand, and includes a
23     combination of parts from which such a firearm can be
24     assembled.
25         (i) Sells or gives a firearm of any size to any person
26     under 18 years of age who does not possess a valid Firearm
27     Owner's Identification Card.
28         (j) Sells or gives a firearm while engaged in the
29     business of selling firearms at wholesale or retail without
30     being licensed as a federal firearms dealer under Section
31     923 of the federal Gun Control Act of 1968 (18 U.S.C. 923).
32     In this paragraph (j):
33         A person "engaged in the business" means a person who
34     devotes time, attention, and labor to engaging in the
35     activity as a regular course of trade or business with the
36     principal objective of livelihood and profit, but does not

 

 

SB1962 Enrolled - 9 - LRB094 11402 RLC 42294 b

1     include a person who makes occasional repairs of firearms
2     or who occasionally fits special barrels, stocks, or
3     trigger mechanisms to firearms.
4         "With the principal objective of livelihood and
5     profit" means that the intent underlying the sale or
6     disposition of firearms is predominantly one of obtaining
7     livelihood and pecuniary gain, as opposed to other intents,
8     such as improving or liquidating a personal firearms
9     collection; however, proof of profit shall not be required
10     as to a person who engages in the regular and repetitive
11     purchase and disposition of firearms for criminal purposes
12     or terrorism.
13         (k) Sells or transfers ownership of a firearm to a
14     person who does not display to the seller or transferor of
15     the firearm a currently valid Firearm Owner's
16     Identification Card that has previously been issued in the
17     transferee's name by the Department of State Police under
18     the provisions of the Firearm Owners Identification Card
19     Act. This paragraph (k) does not apply to the transfer of a
20     firearm to a person who is exempt from the requirement of
21     possessing a Firearm Owner's Identification Card under
22     Section 2 of the Firearm Owners Identification Card Act.
23     For the purposes of this Section, a currently valid Firearm
24     Owner's Identification Card means (i) a Firearm Owner's
25     Identification Card that has not expired or (ii) if the
26     transferor is licensed as a federal firearms dealer under
27     Section 923 of the federal Gun Control Act of 1968 (18
28     U.S.C. 923), an approval number issued in accordance with
29     Section 3.1 of the Firearm Owners Identification Card Act
30     shall be proof that the Firearm Owner's Identification Card
31     was valid.
32     (B) Paragraph (h) of subsection (A) does not include
33 firearms sold within 6 months after enactment of Public Act
34 78-355 (approved August 21, 1973, effective October 1, 1973),
35 nor is any firearm legally owned or possessed by any citizen or
36 purchased by any citizen within 6 months after the enactment of

 

 

SB1962 Enrolled - 10 - LRB094 11402 RLC 42294 b

1 Public Act 78-355 subject to confiscation or seizure under the
2 provisions of that Public Act. Nothing in Public Act 78-355
3 shall be construed to prohibit the gift or trade of any firearm
4 if that firearm was legally held or acquired within 6 months
5 after the enactment of that Public Act.
6     (C) Sentence.
7         (1) Any person convicted of unlawful sale of firearms
8     in violation of any of paragraphs (c) through (h) of
9     subsection (A) commits a Class 4 felony.
10         (2) Any person convicted of unlawful sale of firearms
11     in violation of paragraph (b) or (i) of subsection (A)
12     commits a Class 3 felony.
13         (3) Any person convicted of unlawful sale of firearms
14     in violation of paragraph (a) of subsection (A) commits a
15     Class 2 felony.
16         (4) Any person convicted of unlawful sale of firearms
17     in violation of paragraph (a), (b), or (i) of subsection
18     (A) in any school, on the real property comprising a
19     school, within 1,000 feet of the real property comprising a
20     school, at a school related activity, or on or within 1,000
21     feet of any conveyance owned, leased, or contracted by a
22     school or school district to transport students to or from
23     school or a school related activity, regardless of the time
24     of day or time of year at which the offense was committed,
25     commits a Class 1 felony. Any person convicted of a second
26     or subsequent violation of unlawful sale of firearms in
27     violation of paragraph (a), (b), or (i) of subsection (A)
28     in any school, on the real property comprising a school,
29     within 1,000 feet of the real property comprising a school,
30     at a school related activity, or on or within 1,000 feet of
31     any conveyance owned, leased, or contracted by a school or
32     school district to transport students to or from school or
33     a school related activity, regardless of the time of day or
34     time of year at which the offense was committed, commits a
35     Class 1 felony for which the sentence shall be a term of
36     imprisonment of no less than 5 years and no more than 15

 

 

SB1962 Enrolled - 11 - LRB094 11402 RLC 42294 b

1     years.
2         (5) Any person convicted of unlawful sale of firearms
3     in violation of paragraph (a) or (i) of subsection (A) in
4     residential property owned, operated, or managed by a
5     public housing agency or leased by a public housing agency
6     as part of a scattered site or mixed-income development, in
7     a public park, in a courthouse, on residential property
8     owned, operated, or managed by a public housing agency or
9     leased by a public housing agency as part of a scattered
10     site or mixed-income development, on the real property
11     comprising any public park, on the real property comprising
12     any courthouse, or on any public way within 1,000 feet of
13     the real property comprising any public park, courthouse,
14     or residential property owned, operated, or managed by a
15     public housing agency or leased by a public housing agency
16     as part of a scattered site or mixed-income development
17     commits a Class 2 felony.
18         (6) Any person convicted of unlawful sale of firearms
19     in violation of paragraph (j) of subsection (A) commits a
20     Class A misdemeanor. A second or subsequent violation is a
21     Class 4 felony.
22         (7) Any person convicted of unlawful sale of firearms
23     in violation of paragraph (k) of subsection (A) commits a
24     Class 4 felony. A third or subsequent conviction for a
25     violation of paragraph (k) of subsection (A) is a Class 1
26     felony.
27     (D) For purposes of this Section:
28     "School" means a public or private elementary or secondary
29 school, community college, college, or university.
30     "School related activity" means any sporting, social,
31 academic, or other activity for which students' attendance or
32 participation is sponsored, organized, or funded in whole or in
33 part by a school or school district.
34     (E) A prosecution for a violation of paragraph (k) of
35 subsection (A) of this Section may be commenced within 6 years
36 after the commission of the offense. A prosecution for a

 

 

SB1962 Enrolled - 12 - LRB094 11402 RLC 42294 b

1 violation of this Section other than paragraph (g) of
2 subsection (A) of this Section may be commenced within 5 years
3 after the commission of the offense defined in the particular
4 paragraph.
5 (Source: P.A. 93-162, eff. 7-10-03; 93-906, eff. 8-11-04.)