Illinois General Assembly - Full Text of HB3931
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Full Text of HB3931  102nd General Assembly

HB3931 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3931

 

Introduced 2/22/2021, by Rep. Tony McCombie and Thomas M. Bennett

 

SYNOPSIS AS INTRODUCED:
 
430 ILCS 65/2  from Ch. 38, par. 83-2
430 ILCS 65/3  from Ch. 38, par. 83-3
430 ILCS 65/6.2 new

    Amends the Firearm Owners Identification Card Act. Provides that the Illinois State Police may develop a system under which the holder of a Firearm Owner's Identification Card may display an electronic version of his or her Firearm Owner's Identification Card on a mobile telephone or other portable electronic device. Provides that an electronic version of a Firearm Owner's Identification Card shall contain security features the Illinois State Police determines to be necessary to ensure that the electronic version is accurate and current and shall satisfy other requirements the Illinois State Police determines to be necessary regarding form and content. Provides that the display or possession of an electronic version of a valid Firearm Owner's Identification Card in accordance with the requirements of the Illinois State Police must satisfy all requirements for the display or possession of a valid Firearm Owner's Identification Card under the laws of the State.


LRB102 16965 RLC 22383 b

 

 

A BILL FOR

 

HB3931LRB102 16965 RLC 22383 b

1    AN ACT concerning safety.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Firearm Owners Identification Card Act is
5amended by changing Sections 2 and 3 and by adding Section 6.2
6as follows:
 
7    (430 ILCS 65/2)  (from Ch. 38, par. 83-2)
8    Sec. 2. Firearm Owner's Identification Card required;
9exceptions.
10    (a) (1) A No person shall not may acquire or possess any
11firearm, stun gun, or taser within this State without
12possessing having in his or her possession a Firearm Owner's
13Identification Card previously issued in his or her name by
14the Department of State Police under the provisions of this
15Act.
16    (2) A No person shall not may acquire or possess firearm
17ammunition within this State without possessing having in his
18or her possession a Firearm Owner's Identification Card
19previously issued in his or her name by the Department of State
20Police under the provisions of this Act.
21    (b) The provisions of this Section regarding the
22possession of firearms, firearm ammunition, stun guns, and
23tasers do not apply to:

 

 

HB3931- 2 -LRB102 16965 RLC 22383 b

1        (1) United States Marshals, while engaged in the
2    operation of their official duties;
3        (2) Members of the Armed Forces of the United States
4    or the National Guard, while engaged in the operation of
5    their official duties;
6        (3) Federal officials required to carry firearms,
7    while engaged in the operation of their official duties;
8        (4) Members of bona fide veterans organizations which
9    receive firearms directly from the armed forces of the
10    United States, while using the firearms for ceremonial
11    purposes with blank ammunition;
12        (5) Nonresident hunters during hunting season, with
13    valid nonresident hunting licenses and while in an area
14    where hunting is permitted; however, at all other times
15    and in all other places these persons must have their
16    firearms unloaded and enclosed in a case;
17        (6) Those hunters exempt from obtaining a hunting
18    license who are required to submit their Firearm Owner's
19    Identification Card when hunting on Department of Natural
20    Resources owned or managed sites;
21        (7) Nonresidents while on a firing or shooting range
22    recognized by the Department of State Police; however,
23    these persons must at all other times and in all other
24    places have their firearms unloaded and enclosed in a
25    case;
26        (8) Nonresidents while at a firearm showing or display

 

 

HB3931- 3 -LRB102 16965 RLC 22383 b

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

 

 

HB3931- 4 -LRB102 16965 RLC 22383 b

1        (14) Resident hunters who are properly authorized to
2    hunt and, while accompanied by a person who possesses a
3    valid Firearm Owner's Identification Card, hunt in an area
4    within a commercial club licensed under the Wildlife Code
5    where hunting is permitted and controlled;
6        (15) A person who is otherwise eligible to obtain a
7    Firearm Owner's Identification Card under this Act and is
8    under the direct supervision of a holder of a Firearm
9    Owner's Identification Card who is 21 years of age or
10    older while the person is on a firing or shooting range or
11    is a participant in a firearms safety and training course
12    recognized by a law enforcement agency or a national,
13    statewide shooting sports organization; and
14        (16) Competitive shooting athletes whose competition
15    firearms are sanctioned by the International Olympic
16    Committee, the International Paralympic Committee, the
17    International Shooting Sport Federation, or USA Shooting
18    in connection with such athletes' training for and
19    participation in shooting competitions at the 2016 Olympic
20    and Paralympic Games and sanctioned test events leading up
21    to the 2016 Olympic and Paralympic Games.
22    (c) The provisions of this Section regarding the
23acquisition and possession of firearms, firearm ammunition,
24stun guns, and tasers do not apply to law enforcement
25officials of this or any other jurisdiction, while engaged in
26the operation of their official duties.

 

 

HB3931- 5 -LRB102 16965 RLC 22383 b

1    (c-5) The provisions of paragraphs (1) and (2) of
2subsection (a) of this Section regarding the possession of
3firearms and firearm ammunition do not apply to the holder of a
4valid concealed carry license issued under the Firearm
5Concealed Carry Act who possesses a is in physical possession
6of the concealed carry license.
7    (d) Any person who becomes a resident of this State, who is
8not otherwise prohibited from obtaining, possessing, or using
9a firearm or firearm ammunition, shall not be required to have
10a Firearm Owner's Identification Card to possess firearms or
11firearms ammunition until 60 calendar days after he or she
12obtains an Illinois driver's license or Illinois
13Identification Card.
14(Source: P.A. 99-29, eff. 7-10-15.)
 
15    (430 ILCS 65/3)  (from Ch. 38, par. 83-3)
16    Sec. 3. (a) Except as provided in Section 3a, no person may
17knowingly transfer, or cause to be transferred, any firearm,
18firearm ammunition, stun gun, or taser to any person within
19this State unless the transferee with whom he or she deals
20possesses displays either: (1) a currently valid Firearm
21Owner's Identification Card which has previously been issued
22in his or her name by the Department of State Police under the
23provisions of this Act; or (2) a currently valid license to
24carry a concealed firearm which has previously been issued in
25his or her name by the Department of State Police under the

 

 

HB3931- 6 -LRB102 16965 RLC 22383 b

1Firearm Concealed Carry Act. In addition, all firearm, stun
2gun, and taser transfers by federally licensed firearm dealers
3are subject to Section 3.1.
4    (a-5) Any person who is not a federally licensed firearm
5dealer and who desires to transfer or sell a firearm while that
6person is on the grounds of a gun show must, before selling or
7transferring the firearm, request the Department of State
8Police to conduct a background check on the prospective
9recipient of the firearm in accordance with Section 3.1.
10    (a-10) Notwithstanding item (2) of subsection (a) of this
11Section, any person who is not a federally licensed firearm
12dealer and who desires to transfer or sell a firearm or
13firearms to any person who is not a federally licensed firearm
14dealer shall, before selling or transferring the firearms,
15contact the Department of State Police with the transferee's
16or purchaser's Firearm Owner's Identification Card number to
17determine the validity of the transferee's or purchaser's
18Firearm Owner's Identification Card. This subsection (a-10)
19shall not be effective until January 1, 2014. The Department
20of State Police may adopt rules concerning the implementation
21of this subsection (a-10). The Department of State Police
22shall provide the seller or transferor an approval number if
23the purchaser's Firearm Owner's Identification Card is valid.
24Approvals issued by the Department for the purchase of a
25firearm pursuant to this subsection are valid for 30 days from
26the date of issue.

 

 

HB3931- 7 -LRB102 16965 RLC 22383 b

1    (a-15) The provisions of subsection (a-10) of this Section
2do not apply to:
3        (1) transfers that occur at the place of business of a
4    federally licensed firearm dealer, if the federally
5    licensed firearm dealer conducts a background check on the
6    prospective recipient of the firearm in accordance with
7    Section 3.1 of this Act and follows all other applicable
8    federal, State, and local laws as if he or she were the
9    seller or transferor of the firearm, although the dealer
10    is not required to accept the firearm into his or her
11    inventory. The purchaser or transferee may be required by
12    the federally licensed firearm dealer to pay a fee not to
13    exceed $10 per firearm, which the dealer may retain as
14    compensation for performing the functions required under
15    this paragraph, plus the applicable fees authorized by
16    Section 3.1;
17        (2) transfers as a bona fide gift to the transferor's
18    husband, wife, son, daughter, stepson, stepdaughter,
19    father, mother, stepfather, stepmother, brother, sister,
20    nephew, niece, uncle, aunt, grandfather, grandmother,
21    grandson, granddaughter, father-in-law, mother-in-law,
22    son-in-law, or daughter-in-law;
23        (3) transfers by persons acting pursuant to operation
24    of law or a court order;
25        (4) transfers on the grounds of a gun show under
26    subsection (a-5) of this Section;

 

 

HB3931- 8 -LRB102 16965 RLC 22383 b

1        (5) the delivery of a firearm by its owner to a
2    gunsmith for service or repair, the return of the firearm
3    to its owner by the gunsmith, or the delivery of a firearm
4    by a gunsmith to a federally licensed firearms dealer for
5    service or repair and the return of the firearm to the
6    gunsmith;
7        (6) temporary transfers that occur while in the home
8    of the unlicensed transferee, if the unlicensed transferee
9    is not otherwise prohibited from possessing firearms and
10    the unlicensed transferee reasonably believes that
11    possession of the firearm is necessary to prevent imminent
12    death or great bodily harm to the unlicensed transferee;
13        (7) transfers to a law enforcement or corrections
14    agency or a law enforcement or corrections officer acting
15    within the course and scope of his or her official duties;
16        (8) transfers of firearms that have been rendered
17    permanently inoperable to a nonprofit historical society,
18    museum, or institutional collection; and
19        (9) transfers to a person who is exempt from the
20    requirement of possessing a Firearm Owner's Identification
21    Card under Section 2 of this Act.
22    (a-20) The Department of State Police shall develop an
23Internet-based system for individuals to determine the
24validity of a Firearm Owner's Identification Card prior to the
25sale or transfer of a firearm. The Department shall have the
26Internet-based system completed and available for use by July

 

 

HB3931- 9 -LRB102 16965 RLC 22383 b

11, 2015. The Department shall adopt rules not inconsistent
2with this Section to implement this system.
3    (b) Any person within this State who transfers or causes
4to be transferred any firearm, stun gun, or taser shall keep a
5record of such transfer for a period of 10 years from the date
6of transfer. Such record shall contain the date of the
7transfer; the description, serial number or other information
8identifying the firearm, stun gun, or taser if no serial
9number is available; and, if the transfer was completed within
10this State, the transferee's Firearm Owner's Identification
11Card number and any approval number or documentation provided
12by the Department of State Police pursuant to subsection
13(a-10) of this Section; if the transfer was not completed
14within this State, the record shall contain the name and
15address of the transferee. On or after January 1, 2006, the
16record shall contain the date of application for transfer of
17the firearm. On demand of a peace officer such transferor
18shall produce for inspection such record of transfer. If the
19transfer or sale took place at a gun show, the record shall
20include the unique identification number. Failure to record
21the unique identification number or approval number is a petty
22offense. For transfers of a firearm, stun gun, or taser made on
23or after the effective date of this amendatory Act of the 100th
24General Assembly, failure by the private seller to maintain
25the transfer records in accordance with this Section is a
26Class A misdemeanor for the first offense and a Class 4 felony

 

 

HB3931- 10 -LRB102 16965 RLC 22383 b

1for a second or subsequent offense. A transferee shall not be
2criminally liable under this Section provided that he or she
3provides the Department of State Police with the transfer
4records in accordance with procedures established by the
5Department. The Department shall establish, by rule, a
6standard form on its website.
7    (b-5) Any resident may purchase ammunition from a person
8within or outside of Illinois if shipment is by United States
9mail or by a private express carrier authorized by federal law
10to ship ammunition. Any resident purchasing ammunition within
11or outside the State of Illinois must provide the seller with a
12copy of his or her valid Firearm Owner's Identification Card
13or valid concealed carry license and either his or her
14Illinois driver's license or Illinois State Identification
15Card prior to the shipment of the ammunition. The ammunition
16may be shipped only to an address on either of those 2
17documents.
18    (c) The provisions of this Section regarding the transfer
19of firearm ammunition shall not apply to those persons
20specified in paragraph (b) of Section 2 of this Act.
21(Source: P.A. 99-29, eff. 7-10-15; 100-1178, eff. 1-18-19.)
 
22    (430 ILCS 65/6.2 new)
23    Sec. 6.2. Electronic Firearm Owner's Identification Cards.
24The Illinois State Police may develop a system under which the
25holder of a Firearm Owner's Identification Card may display an

 

 

HB3931- 11 -LRB102 16965 RLC 22383 b

1electronic version of his or her Firearm Owner's
2Identification Card on a mobile telephone or other portable
3electronic device. An electronic version of a Firearm Owner's
4Identification Card shall contain security features the
5Illinois State Police determines to be necessary to ensure
6that the electronic version is accurate and current and shall
7satisfy other requirements the Illinois State Police
8determines to be necessary regarding form and content. The
9display or possession of an electronic version of a valid
10Firearm Owner's Identification Card in accordance with the
11requirements of the Illinois State Police must satisfy all
12requirements for the display or possession of a valid Firearm
13Owner's Identification Card under the laws of this State. The
14possession or display of an electronic Firearm Owner's
15Identification Card on a mobile telephone or other portable
16electronic device does not constitute consent for a law
17enforcement officer, court, or other officer of the court to
18access other contents of the mobile telephone or other
19portable electronic device. The Illinois State Police may
20adopt rules to implement this Section.