Full Text of HB5228 95th General Assembly
HB5228 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB5228
Introduced , by Rep. Elizabeth Hernandez SYNOPSIS AS INTRODUCED: |
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Amends the Firearm Owners Identification Card Act and the Criminal Code of 1961. Provides that beginning July 1, 2009, a person may not possess a handgun in the State unless the person has successfully completed a handgun safety course approved by the Department of State Police and has been issued a handgun possession permit by the Department. Provides that in determining the standards for approval of handgun safety courses, the Department shall consult with the Illinois Law Enforcement Training Standards Board and the Department of Financial and Professional Regulation. Provides that an approved course shall consist of 20 hours of training, which shall include all of the following:
(1) instruction in the dangers of and misuse of
handguns, and the storage, safety rules, and care and cleaning of handguns;
(2) practice firing on a range with live
ammunition;
(3) instruction in the legal use of handguns;
and (4) a presentation of the ethical and moral
considerations necessary for any person who possesses a handgun. Establishes penalties for violations.
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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
FISCAL NOTE ACT MAY APPLY |
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A BILL FOR
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HB5228 |
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LRB095 18073 RLC 44156 b |
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| AN ACT concerning criminal law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Firearm Owners Identification Card Act is | 5 |
| amended by changing Sections 1.1, 4, 5, 6.1, 7, 8, 9, 10, 13.2, | 6 |
| and 14 and by adding Section 4.1 as follows:
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| (430 ILCS 65/1.1) (from Ch. 38, par. 83-1.1)
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| (Text of Section after amendment by P.A. 95-581 ) | 9 |
| Sec. 1.1. For purposes of this Act:
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| "Has been adjudicated as a mental defective" means the | 11 |
| person is the subject of a determination by a court, board, | 12 |
| commission or other lawful authority that a person, as a result | 13 |
| of marked subnormal intelligence, or mental illness, mental | 14 |
| impairment, incompetency, condition, or disease: | 15 |
| (1) is a danger to himself, herself, or to others; | 16 |
| (2) lacks the mental capacity to manage his or her own | 17 |
| affairs; | 18 |
| (3) is not guilty in a criminal case by reason of | 19 |
| insanity, mental disease or defect; | 20 |
| (4) is incompetent to stand trial in a criminal case; | 21 |
| (5) is not guilty by reason of lack of mental | 22 |
| responsibility pursuant to Articles 50a and 72b of the | 23 |
| Uniform Code of Military Justice, 10 U.S.C. 850a, 876b.
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| "Counterfeit" means to copy or imitate, without legal | 2 |
| authority, with
intent
to deceive. | 3 |
| "Federally licensed firearm dealer" means a person who is | 4 |
| licensed as a federal firearms dealer under Section 923 of the | 5 |
| federal Gun Control Act of 1968 (18 U.S.C. 923).
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| "Firearm" means any device, by
whatever name known, which | 7 |
| is designed to expel a projectile or projectiles
by the action | 8 |
| of an explosion, expansion of gas or escape of gas; excluding,
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| however:
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| (1) any pneumatic gun, spring gun, paint ball gun or | 11 |
| B-B gun which
either expels a single globular projectile | 12 |
| not exceeding .18 inch in
diameter and which has a maximum | 13 |
| muzzle velocity of less than 700 feet
per second or | 14 |
| breakable paint balls containing washable marking colors;
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| (2) any device used exclusively for signalling or | 16 |
| safety and required or
recommended by the United States | 17 |
| Coast Guard or the Interstate Commerce
Commission;
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| (3) any device used exclusively for the firing of stud | 19 |
| cartridges,
explosive rivets or similar industrial | 20 |
| ammunition; and
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| (4) an antique firearm (other than a machine-gun) | 22 |
| which, although
designed as a weapon, the Department of | 23 |
| State Police finds by reason of
the date of its | 24 |
| manufacture, value, design, and other characteristics is
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| primarily a collector's item and is not likely to be used | 26 |
| as a weapon.
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| "Firearm ammunition" means any self-contained cartridge or | 2 |
| shotgun
shell, by whatever name known, which is designed to be | 3 |
| used or adaptable to
use in a firearm; excluding, however:
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| (1) any ammunition exclusively designed for use with a | 5 |
| device used
exclusively for signalling or safety and | 6 |
| required or recommended by the
United States Coast Guard or | 7 |
| the Interstate Commerce Commission; and
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| (2) any ammunition designed exclusively for use with a | 9 |
| stud or rivet
driver or other similar industrial | 10 |
| ammunition. | 11 |
| "Gun show" means an event or function: | 12 |
| (1) at which the sale and transfer of firearms is the | 13 |
| regular and normal course of business and where 50 or more | 14 |
| firearms are displayed, offered, or exhibited for sale, | 15 |
| transfer, or exchange; or | 16 |
| (2) at which not less than 10 gun show vendors display, | 17 |
| offer, or exhibit for sale, sell, transfer, or exchange | 18 |
| firearms.
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| "Gun show" includes the entire premises provided for an | 20 |
| event or function, including parking areas for the event or | 21 |
| function, that is sponsored to facilitate the purchase, sale, | 22 |
| transfer, or exchange of firearms as described in this Section.
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| "Gun show" does not include training or safety classes, | 24 |
| competitive shooting events, such as rifle, shotgun, or handgun | 25 |
| matches, trap, skeet, or sporting clays shoots, dinners, | 26 |
| banquets, raffles, or
any other event where the sale or |
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| transfer of firearms is not the primary course of business. | 2 |
| "Gun show promoter" means a person who organizes or | 3 |
| operates a gun show. | 4 |
| "Gun show vendor" means a person who exhibits, sells, | 5 |
| offers for sale, transfers, or exchanges any firearms at a gun | 6 |
| show, regardless of whether the person arranges with a gun show | 7 |
| promoter for a fixed location from which to exhibit, sell, | 8 |
| offer for sale, transfer, or exchange any firearm. | 9 |
| "Handgun" has the meaning ascribed to it in clause (h)(2) | 10 |
| of subsection (A) of Section 24-3 of the Criminal Code of 1961. | 11 |
| "Sanctioned competitive shooting event" means a shooting | 12 |
| contest officially recognized by a national or state shooting | 13 |
| sport association, and includes any sight-in or practice | 14 |
| conducted in conjunction with the event.
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| "Stun gun or taser" has the meaning ascribed to it in | 16 |
| Section 24-1 of the Criminal Code of 1961. | 17 |
| (Source: P.A. 94-6, eff. 1-1-06; 94-353, eff. 7-29-05; 95-331, | 18 |
| eff. 8-21-07; 95-581, eff. 6-1-08.)
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| (430 ILCS 65/4) (from Ch. 38, par. 83-4)
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| (Text of Section after amendment by P.A. 95-581 )
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| Sec. 4. (a) Each applicant for a Firearm Owner's | 22 |
| Identification Card must:
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| (1) Make application on blank forms prepared and | 24 |
| furnished at convenient
locations throughout the State by | 25 |
| the Department of State Police, or by
electronic means, if |
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| and when made available by the Department of State
Police; | 2 |
| and
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| (2) Submit evidence to the Department of State Police | 4 |
| that:
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| (i) He or she is 21 years of age or over, or if he | 6 |
| or she is under 21
years of age that he or she has the | 7 |
| written consent of his or her parent or
legal guardian | 8 |
| to possess and acquire firearms and firearm ammunition | 9 |
| and that
he or she has never been convicted of a | 10 |
| misdemeanor other than a traffic
offense or adjudged
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| delinquent, provided, however, that such parent or | 12 |
| legal guardian is not an
individual prohibited from | 13 |
| having a Firearm Owner's Identification Card and
files | 14 |
| an affidavit with the Department as prescribed by the | 15 |
| Department
stating that he or she is not an individual | 16 |
| prohibited from having a Card;
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| (ii) He or she has not been convicted of a felony | 18 |
| under the laws of
this or any other jurisdiction;
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| (iii) He or she is not addicted to narcotics;
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| (iv) He or she has not been a patient in a mental | 21 |
| institution within
the past 5 years and he or she has | 22 |
| not been adjudicated as a mental defective;
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| (v) He or she is not mentally retarded;
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| (vi) He or she is not an alien who is unlawfully | 25 |
| present in the
United States under the laws of the | 26 |
| United States;
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| (vii) He or she is not subject to an existing order | 2 |
| of protection
prohibiting him or her from possessing a | 3 |
| firearm;
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| (viii) He or she has not been convicted within the | 5 |
| past 5 years of
battery, assault, aggravated assault, | 6 |
| violation of an order of
protection, or a substantially | 7 |
| similar offense in another jurisdiction, in
which a | 8 |
| firearm was used or possessed;
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| (ix) He or she has not been convicted of domestic | 10 |
| battery or a
substantially similar offense in another
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| jurisdiction committed on or after the effective date | 12 |
| of this amendatory Act
of 1997;
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| (x) He or she has not been convicted within the | 14 |
| past 5 years of domestic
battery or a substantially | 15 |
| similar offense in another jurisdiction committed
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| before the effective date of this amendatory Act of | 17 |
| 1997;
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| (xi) He or she is not an alien who has been | 19 |
| admitted to the United
States under a non-immigrant | 20 |
| visa (as that term is defined in Section
101(a)(26) of | 21 |
| the Immigration and Nationality Act (8 U.S.C. | 22 |
| 1101(a)(26))),
or that he or she is an alien who has | 23 |
| been lawfully admitted to the United
States under a | 24 |
| non-immigrant visa if that alien is:
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| (1) admitted to the United States for lawful | 26 |
| hunting or sporting
purposes;
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| (2) an official representative of a foreign | 2 |
| government who is:
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| (A) accredited to the United States | 4 |
| Government or the Government's
mission to an | 5 |
| international organization having its | 6 |
| headquarters in the United
States; or
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| (B) en route to or from another country to | 8 |
| which that alien is
accredited;
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| (3) an official of a foreign government or | 10 |
| distinguished foreign
visitor who has been so | 11 |
| designated by the Department of State;
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| (4) a foreign law enforcement officer of a | 13 |
| friendly foreign
government entering the United | 14 |
| States on official business; or
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| (5) one who has received a waiver from the | 16 |
| Attorney General of the
United States pursuant to | 17 |
| 18 U.S.C. 922(y)(3);
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| (xii) He or she is not a minor subject to a | 19 |
| petition filed
under Section 5-520 of the Juvenile | 20 |
| Court Act of 1987 alleging that the
minor is a | 21 |
| delinquent minor for the commission of an offense that | 22 |
| if
committed by an adult would be a felony; and
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| (xiii) He or she is not an adult who had been | 24 |
| adjudicated a delinquent
minor under the Juvenile | 25 |
| Court Act of 1987 for the commission of an offense
that | 26 |
| if committed by an adult would be a felony; |
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| (xiv) If he or she is applying for a Firearm | 2 |
| Owner's Identification Card with a handgun possession | 3 |
| permit, he or she has successfully completed a handgun | 4 |
| safety course approved by the Department of State | 5 |
| Police under Section 4.1; and
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| (3) Upon request by the Department of State Police, | 7 |
| sign a release on a
form prescribed by the Department of | 8 |
| State Police waiving any right to
confidentiality and | 9 |
| requesting the disclosure to the Department of State Police
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| of limited mental health institution admission information | 11 |
| from another state,
the District of Columbia, any other | 12 |
| territory of the United States, or a
foreign nation | 13 |
| concerning the applicant for the sole purpose of | 14 |
| determining
whether the applicant is or was a patient in a | 15 |
| mental health institution and
disqualified because of that | 16 |
| status from receiving a Firearm Owner's
Identification | 17 |
| Card. No mental health care or treatment records may be
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| requested. The information received shall be destroyed | 19 |
| within one year of
receipt.
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| (a-5) Each applicant for a Firearm Owner's Identification | 21 |
| Card who is over
the age of 18 shall furnish to the Department | 22 |
| of State Police either his or
her driver's license number or | 23 |
| Illinois Identification Card number.
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| (a-10) Each applicant for a Firearm Owner's Identification | 25 |
| Card,
who is employed as an armed security officer at a nuclear | 26 |
| energy,
storage, weapons, or development facility regulated by |
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| the Nuclear
Regulatory Commission and who is not an Illinois | 2 |
| resident, shall furnish to
the Department of State Police his | 3 |
| or her driver's license number or state
identification card | 4 |
| number from his or her state of residence. The Department
of | 5 |
| State Police may promulgate rules to enforce the provisions of | 6 |
| this
subsection (a-10).
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| (b) Each application form shall include the following | 8 |
| statement printed in
bold type: "Warning: Entering false | 9 |
| information on an application for a Firearm
Owner's | 10 |
| Identification Card is punishable as a Class 2 felony in | 11 |
| accordance
with subsection (d-5) of Section 14 of the Firearm | 12 |
| Owners Identification Card
Act.".
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| (c) Upon such written consent, pursuant to Section 4, | 14 |
| paragraph (a)(2)(i),
the parent or legal guardian giving the | 15 |
| consent shall be liable for any
damages resulting from the | 16 |
| applicant's use of firearms or firearm ammunition.
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| (Source: P.A. 95-581, eff. 6-1-08.)
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| (430 ILCS 65/4.1 new)
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| Sec. 4.1. Handgun possession permit. | 20 |
| (a) Beginning July 1, 2009, person may not possess a | 21 |
| handgun in this State unless the person has successfully | 22 |
| completed a handgun safety course approved by the Department of | 23 |
| State Police and has been issued a handgun possession permit by | 24 |
| the Department. In determining the standards for approval of | 25 |
| handgun safety courses, the Department shall consult with the |
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LRB095 18073 RLC 44156 b |
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| Illinois Law Enforcement Training Standards Board and the | 2 |
| Department of Financial and Professional Regulation. An | 3 |
| approved course shall consist of 20 hours of training, which | 4 |
| shall include all of the following:
(1) instruction in the | 5 |
| dangers of and misuse of
handguns, and the storage, safety | 6 |
| rules, and care and cleaning of handguns;
(2) practice firing | 7 |
| on a range with live
ammunition;
(3) instruction in the legal | 8 |
| use of handguns;
and (4) a presentation of the ethical and | 9 |
| moral
considerations necessary for any person who possesses a | 10 |
| handgun. | 11 |
| An examination shall be given at the completion
of the | 12 |
| course. The examination shall consist of a firearms | 13 |
| qualification course and a written examination. Successful | 14 |
| completion shall be determined by the Department. | 15 |
| (b) Upon successful completion of the handgun safety | 16 |
| course, the person shall be issued a certificate certifying | 17 |
| successful completion. The certificate shall be in such form as | 18 |
| the Department shall direct. The certificate shall be submitted | 19 |
| to the Department of State Police and the Department shall | 20 |
| issue the person a handgun possession permit. | 21 |
| (c) The provisions of this Section do not apply to law | 22 |
| enforcement officers of this or any other jurisdiction while | 23 |
| engaged in the operation of their official duties or to retired | 24 |
| law enforcement officers qualified under federal law to carry a | 25 |
| handgun. | 26 |
| (d) The provisions of this Section do not apply to the |
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| passing or
transfer of any handgun or handgun ammunition upon | 2 |
| the death of the owner
thereof to his or her heir or legatee or | 3 |
| to the passing or transfer of any handgun or handgun ammunition | 4 |
| incident to any legal proceeding or action until 60
days after | 5 |
| such passing or transfer.
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| (430 ILCS 65/5) (from Ch. 38, par. 83-5)
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| (Text of Section after amendment by P.A. 95-581 )
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| Sec. 5. | 9 |
| (a) The Department of State Police shall either approve or
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| deny all applications within 30 days from the date they are | 11 |
| received,
and every applicant found qualified pursuant to | 12 |
| Section 8 of this Act by
the Department shall be entitled to a | 13 |
| Firearm Owner's Identification
Card upon the payment of a $10 | 14 |
| fee. $6 of each fee derived from the
issuance of Firearm | 15 |
| Owner's Identification Cards, or renewals thereof,
shall be | 16 |
| deposited in the Wildlife and Fish Fund in the State Treasury;
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| $1 of such fee shall be deposited in the State Police Services | 18 |
| Fund and $3 of such fee shall be deposited in the
Firearm | 19 |
| Owner's Notification Fund. | 20 |
| (b) The Department of State Police shall either approve or
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| deny an application for a handgun possession permit within 30 | 22 |
| days after receipt of a certificate of completion for the | 23 |
| handgun safety course and every applicant found qualified | 24 |
| pursuant to Section 4.1 of this Act by
the Department shall be | 25 |
| entitled to a handgun possession permit upon the payment of a |
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| $10 fee. $6 of each fee derived from the
issuance of handgun | 2 |
| possession permits, or renewals thereof,
shall be deposited in | 3 |
| the Wildlife and Fish Fund in the State Treasury;
$1 of such | 4 |
| fee shall be deposited in the State Police Services Fund and $3 | 5 |
| of such fee shall be deposited in the
Firearm Owner's | 6 |
| Notification Fund. | 7 |
| (c) Monies in the Firearm Owner's
Notification Fund shall | 8 |
| be used exclusively to pay for the cost of sending
notices of | 9 |
| expiration of Firearm Owner's Identification Cards and handgun | 10 |
| possession permits under Section
13.2 of this Act.
Excess | 11 |
| monies in the Firearm Owner's Notification Fund shall be used | 12 |
| to
ensure the prompt and efficient processing of applications | 13 |
| received under
Sections Section 4 and 4.1 of this Act.
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| (Source: P.A. 94-353, eff. 7-29-05; 95-581, eff. 6-1-08.)
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| (430 ILCS 65/6.1)
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| Sec. 6.1. Altered, forged or counterfeit Firearm Owner's | 17 |
| Identification
Cards and handgun possession permits .
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| (a) Any person who forges or materially alters a Firearm | 19 |
| Owner's
Identification Card or
a handgun possession permit or | 20 |
| who counterfeits a Firearm Owner's Identification Card or a | 21 |
| handgun possession permit commits a Class 2
felony.
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| (b) Any person who knowingly possesses a forged or | 23 |
| materially altered
Firearm
Owner's Identification Card or a | 24 |
| handgun possession permit with the intent to use it commits a | 25 |
| Class 2 felony.
A person
who possesses a Firearm Owner's |
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HB5228 |
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LRB095 18073 RLC 44156 b |
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| Identification Card or a handgun possession permit with | 2 |
| knowledge that it is
counterfeit
commits a Class 2 felony.
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| (Source: P.A. 92-414, eff. 1-1-02.)
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| (430 ILCS 65/7) (from Ch. 38, par. 83-7)
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| (Text of Section after amendment by P.A. 95-581 )
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| Sec. 7. Except as provided in Section 8 of this Act, a | 7 |
| Firearm Owner's
Identification Card or a handgun possession | 8 |
| permit issued under the provisions of this Act shall be valid
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| for the person to whom it is issued for a period of 10 years | 10 |
| from the date
of issuance.
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| (Source: P.A. 95-581, eff. 6-1-08.)
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| (430 ILCS 65/8) (from Ch. 38, par. 83-8)
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| (Text of Section after amendment by P.A. 95-581 )
| 14 |
| Sec. 8. The Department of State Police has authority to | 15 |
| deny an
application for or to revoke and seize a Firearm | 16 |
| Owner's Identification
Card or a handgun possession permit | 17 |
| previously issued under this Act only if the Department finds | 18 |
| that the
applicant or the person to whom such card or permit | 19 |
| was issued is or was at the time
of issuance:
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| (a) A person under 21 years of age who has been convicted | 21 |
| of a
misdemeanor other than a traffic offense or adjudged | 22 |
| delinquent;
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| (b) A person under 21 years of age who does not have the | 24 |
| written consent
of his parent or guardian to acquire and |
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| possess firearms and firearm
ammunition, or whose parent or | 2 |
| guardian has revoked such written consent,
or where such parent | 3 |
| or guardian does not qualify to have a Firearm Owner's
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| Identification Card;
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| (c) A person convicted of a felony under the laws of this | 6 |
| or any other
jurisdiction;
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| (d) A person addicted to narcotics;
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| (e) A person who has been a patient of a mental institution | 9 |
| within the
past 5 years or has been adjudicated as a mental | 10 |
| defective;
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| (f) A person whose mental condition is of such a nature | 12 |
| that it poses
a clear and present danger to the applicant, any | 13 |
| other person or persons or
the community;
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| For the purposes of this Section, "mental condition" means | 15 |
| a state of
mind manifested by violent, suicidal, threatening or | 16 |
| assaultive behavior.
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| (g) A person who is mentally retarded;
| 18 |
| (h) A person who intentionally makes a false statement in | 19 |
| the Firearm
Owner's Identification Card application;
| 20 |
| (i) An alien who is unlawfully present in
the United States | 21 |
| under the laws of the United States;
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| (i-5) An alien who has been admitted to the United States | 23 |
| under a
non-immigrant visa (as that term is defined in Section | 24 |
| 101(a)(26) of the
Immigration and Nationality Act (8 U.S.C. | 25 |
| 1101(a)(26))), except that this
subsection (i-5) does not apply | 26 |
| to any alien who has been lawfully admitted to
the United |
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LRB095 18073 RLC 44156 b |
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| States under a non-immigrant visa if that alien is:
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| (1) admitted to the United States for lawful hunting or | 3 |
| sporting purposes;
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| (2) an official representative of a foreign government | 5 |
| who is:
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| (A) accredited to the United States Government or | 7 |
| the Government's
mission to an international | 8 |
| organization having its headquarters in the United
| 9 |
| States; or
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| (B) en route to or from another country to which | 11 |
| that alien is
accredited;
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| (3) an official of a foreign government or | 13 |
| distinguished foreign visitor
who has been so designated by | 14 |
| the Department of State;
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| (4) a foreign law enforcement officer of a friendly | 16 |
| foreign government
entering the United States on official | 17 |
| business; or
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| (5) one who has received a waiver from the Attorney | 19 |
| General of the United
States pursuant to 18 U.S.C. | 20 |
| 922(y)(3);
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| (j) A person who is subject to an existing order of | 22 |
| protection prohibiting
him or her from possessing a firearm;
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| (k) A person who has been convicted within the past 5 years | 24 |
| of battery,
assault, aggravated assault, violation of an order | 25 |
| of protection, or a
substantially similar offense in another | 26 |
| jurisdiction, in which a firearm was
used or possessed;
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LRB095 18073 RLC 44156 b |
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| (l) A person who has been convicted of domestic battery or | 2 |
| a substantially
similar offense in another jurisdiction | 3 |
| committed on or after January 1,
1998;
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| (m) A person who has been convicted within the past 5 years | 5 |
| of domestic
battery or a substantially similar offense in | 6 |
| another jurisdiction committed
before January 1, 1998;
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| (n) A person who is prohibited from acquiring or possessing
| 8 |
| firearms or firearm ammunition by any Illinois State statute or | 9 |
| by federal
law;
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| (o) A minor subject to a petition filed under Section 5-520 | 11 |
| of the
Juvenile Court Act of 1987 alleging that the minor is a | 12 |
| delinquent minor for
the commission of an offense that if | 13 |
| committed by an adult would be a felony;
or
| 14 |
| (p) An adult who had been adjudicated a delinquent minor | 15 |
| under the Juvenile
Court Act of 1987 for the commission of an | 16 |
| offense that if committed by an
adult would be a felony ; or . | 17 |
| (q) A person who possesses a handgun and does not have a | 18 |
| valid handgun possession permit issued under Section 4.1 of | 19 |
| this Act.
| 20 |
| (Source: P.A. 95-581, eff. 6-1-08.)
| 21 |
| (430 ILCS 65/9) (from Ch. 38, par. 83-9)
| 22 |
| Sec. 9. Every person whose application for a Firearm | 23 |
| Owner's Identification
Card or a handgun possession permit is | 24 |
| denied, and every holder of such a Card or permit before his | 25 |
| Card or permit is revoked
or seized, shall receive a written |
|
|
|
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LRB095 18073 RLC 44156 b |
|
| 1 |
| notice from the Department of State
Police stating specifically | 2 |
| the grounds upon which
his application has
been denied or upon | 3 |
| which his Identification Card or a handgun possession permit | 4 |
| has been revoked.
| 5 |
| (Source: P.A. 84-25.)
| 6 |
| (430 ILCS 65/10) (from Ch. 38, par. 83-10)
| 7 |
| Sec. 10. (a) Whenever an application for a Firearm Owner's | 8 |
| Identification
Card or a handgun possession permit is denied, | 9 |
| whenever the Department fails to act on an application
within | 10 |
| 30 days of its receipt, or whenever such a Card or permit is | 11 |
| revoked or seized
as provided for in Section 8 of this Act, the | 12 |
| aggrieved party may
appeal
to the Director of the Department of | 13 |
| State Police for a hearing upon
such denial, revocation or | 14 |
| seizure, unless the denial, revocation, or seizure
was based | 15 |
| upon a forcible felony, stalking, aggravated stalking, | 16 |
| domestic
battery, any violation of the Illinois Controlled | 17 |
| Substances Act, the Methamphetamine Control and Community | 18 |
| Protection Act, or the
Cannabis Control Act that is classified | 19 |
| as a Class 2 or greater felony,
any
felony violation of Article | 20 |
| 24 of the Criminal Code of 1961, or any
adjudication as a | 21 |
| delinquent minor for the commission of an
offense that if | 22 |
| committed by an adult would be a felony, in which case the
| 23 |
| aggrieved party may petition the circuit court in writing in | 24 |
| the county of
his or her residence for a hearing upon such | 25 |
| denial, revocation, or seizure.
|
|
|
|
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LRB095 18073 RLC 44156 b |
|
| 1 |
| (b) At least 30 days before any hearing in the circuit | 2 |
| court, the
petitioner shall serve the
relevant State's Attorney | 3 |
| with a copy of the petition. The State's Attorney
may object to | 4 |
| the petition and present evidence. At the hearing the court
| 5 |
| shall
determine whether substantial justice has been done. | 6 |
| Should the court
determine that substantial justice has not | 7 |
| been done, the court shall issue an
order directing the | 8 |
| Department of State Police to issue a Card or a handgun | 9 |
| possession permit .
| 10 |
| (c) Any person prohibited from possessing a firearm under | 11 |
| Sections 24-1.1
or 24-3.1 of the Criminal Code of 1961 or | 12 |
| acquiring a Firearm Owner's
Identification Card under Section 8 | 13 |
| of this Act or a handgun possession permit under Section 4.1 | 14 |
| may apply to
the Director
of the Department of State Police
or | 15 |
| petition the circuit court in the county where the petitioner | 16 |
| resides,
whichever is applicable in accordance with subsection | 17 |
| (a) of this Section,
requesting relief
from such prohibition | 18 |
| and the Director or court may grant such relief if it
is
| 19 |
| established by the applicant to the court's or Director's | 20 |
| satisfaction
that:
| 21 |
| (0.05) when in the circuit court, the State's Attorney | 22 |
| has been served
with a written
copy of the
petition at | 23 |
| least 30 days before any such hearing in the circuit court | 24 |
| and at
the hearing the
State's Attorney was afforded an | 25 |
| opportunity to present evidence and object to
the petition;
| 26 |
| (1) the applicant has not been convicted of a forcible |
|
|
|
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LRB095 18073 RLC 44156 b |
|
| 1 |
| felony under the
laws of this State or any other | 2 |
| jurisdiction within 20 years of the
applicant's | 3 |
| application for a Firearm Owner's Identification Card or a | 4 |
| handgun possession permit , or at
least 20 years have passed | 5 |
| since the end of any period of imprisonment
imposed in | 6 |
| relation to that conviction;
| 7 |
| (2) the circumstances regarding a criminal conviction, | 8 |
| where applicable,
the applicant's criminal history and his | 9 |
| reputation are such that the applicant
will not be likely | 10 |
| to act in a manner dangerous to public safety; and
| 11 |
| (3) granting relief would not be contrary to the public | 12 |
| interest.
| 13 |
| (d) When a minor is adjudicated delinquent for an offense | 14 |
| which if
committed by an adult would be a felony, the court | 15 |
| shall notify the Department
of State Police.
| 16 |
| (e) The court shall review the denial of an application or | 17 |
| the revocation of
a Firearm Owner's Identification Card or a | 18 |
| handgun possession permit of a person who has been adjudicated
| 19 |
| delinquent for an offense that if
committed by an adult would | 20 |
| be a felony if an
application for relief has been filed at | 21 |
| least 10 years after the adjudication
of delinquency and the | 22 |
| court determines that the applicant should be
granted relief | 23 |
| from disability to obtain a Firearm Owner's Identification | 24 |
| Card.
If the court grants relief, the court shall notify the | 25 |
| Department of State
Police that the disability has
been removed | 26 |
| and that the applicant is eligible to obtain a Firearm Owner's
|
|
|
|
HB5228 |
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LRB095 18073 RLC 44156 b |
|
| 1 |
| Identification Card or a handgun possession permit .
| 2 |
| (Source: P.A. 93-367, eff. 1-1-04; 94-556, eff. 9-11-05.)
| 3 |
| (430 ILCS 65/13.2) (from Ch. 38, par. 83-13.2)
| 4 |
| Sec. 13.2. The Department of State Police shall, 60 days
| 5 |
| prior to the expiration of a Firearm Owner's Identification | 6 |
| Card or a handgun possession permit ,
forward by first class | 7 |
| mail to each person whose card or permit is to expire a
| 8 |
| notification of the
expiration of the card or a handgun | 9 |
| possession permit and an application which may be used to
apply | 10 |
| for renewal of the card or permit .
It is the obligation of the | 11 |
| holder of a Firearm Owner's Identification Card or a handgun | 12 |
| possession permit
to notify the Department of State Police of | 13 |
| any address change since the
issuance of
the Firearm Owner's | 14 |
| Identification Card or a handgun possession permit .
| 15 |
| (Source: P.A. 91-690, eff. 4-13-00.)
| 16 |
| (430 ILCS 65/14) (from Ch. 38, par. 83-14)
| 17 |
| Sec. 14. Sentence.
| 18 |
| (a) A violation of paragraph (1) of subsection (a) of | 19 |
| Section 2, when the
person's Firearm Owner's
Identification | 20 |
| Card is expired but the person is not otherwise disqualified
| 21 |
| from renewing the card, is a Class A misdemeanor.
| 22 |
| (b) Except as provided in subsection (a) with respect to an | 23 |
| expired
card, a violation of paragraph (1) of subsection (a) of | 24 |
| Section 2 is a
Class A misdemeanor when the person does not |
|
|
|
HB5228 |
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LRB095 18073 RLC 44156 b |
|
| 1 |
| possess a currently valid Firearm
Owner's Identification Card, | 2 |
| but is otherwise eligible under this Act. A
second or | 3 |
| subsequent violation is a Class 4 felony.
| 4 |
| (c) A violation of paragraph (1) of subsection (a) of | 5 |
| Section 2 is a Class
3 felony when:
| 6 |
| (1) the person's Firearm Owner's Identification Card | 7 |
| is revoked or
subject to revocation under Section 8; or
| 8 |
| (2) the person's Firearm Owner's Identification Card | 9 |
| is expired and not
otherwise eligible for renewal under | 10 |
| this Act; or
| 11 |
| (3) the person does not possess a currently valid | 12 |
| Firearm Owner's
Identification Card, and the person is not | 13 |
| otherwise eligible under this
Act.
| 14 |
| (d) A violation of subsection (a) of Section 3 is a Class 4 | 15 |
| felony.
A third or subsequent conviction is a Class 1 felony.
| 16 |
| (d-5) Any person who knowingly enters false information on | 17 |
| an application
for a Firearm Owner's Identification Card, who | 18 |
| knowingly gives a false answer
to any question on the | 19 |
| application, or who knowingly submits false evidence in
| 20 |
| connection with an application is guilty of a Class 2 felony.
| 21 |
| (d-6) The possession of a handgun by a person who does not | 22 |
| possess a valid handgun possession permit shall be punished as | 23 |
| provided in Section 24-3.1 of the Criminal Code of 1961. | 24 |
| (e) Except as provided by Section 6.1 of this Act, any | 25 |
| other
violation of this Act is a Class A misdemeanor.
| 26 |
| (Source: P.A. 91-694, eff. 4-13-00; 92-414, eff. 1-1-02; |
|
|
|
HB5228 |
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LRB095 18073 RLC 44156 b |
|
| 1 |
| 92-442, eff.
8-17-01; 92-651, eff. 7-11-02.)
| 2 |
| Section 10. The Criminal Code of 1961 is amended by | 3 |
| changing Sections 24-3 and 24-3.1 as follows:
| 4 |
| (720 ILCS 5/24-3) (from Ch. 38, par. 24-3)
| 5 |
| Sec. 24-3. Unlawful Sale of Firearms.
| 6 |
| (A) A person commits the offense of unlawful sale of | 7 |
| firearms when he
or she knowingly does any of the following:
| 8 |
| (a) Sells or gives any firearm of a size which may be | 9 |
| concealed upon the
person to any person under 18 years of | 10 |
| age.
| 11 |
| (b) Sells or gives any firearm to a person under 21 | 12 |
| years of age who has
been convicted of a misdemeanor other | 13 |
| than a traffic offense or adjudged
delinquent.
| 14 |
| (c) Sells or gives any firearm to any narcotic addict.
| 15 |
| (d) Sells or gives any firearm to any person who has | 16 |
| been convicted of a
felony under the laws of this or any | 17 |
| other jurisdiction.
| 18 |
| (e) Sells or gives any firearm to any person who has | 19 |
| been a patient in a
mental hospital within the past 5 | 20 |
| years.
| 21 |
| (f) Sells or gives any firearms to any person who is | 22 |
| mentally
retarded.
| 23 |
| (g) Delivers any firearm of a size which may be | 24 |
| concealed upon the
person, incidental to a sale, without |
|
|
|
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LRB095 18073 RLC 44156 b |
|
| 1 |
| withholding delivery of such firearm
for at least 72 hours | 2 |
| after application for its purchase has been made, or
| 3 |
| delivers any rifle, shotgun or other long gun, or a stun | 4 |
| gun or taser, incidental to a sale,
without withholding | 5 |
| delivery of such rifle, shotgun or other long gun, or a | 6 |
| stun gun or taser for
at least 24 hours after application | 7 |
| for its purchase has been made.
However,
this paragraph (g) | 8 |
| does not apply to: (1) the sale of a firearm
to a law | 9 |
| enforcement officer if the seller of the firearm knows that | 10 |
| the person to whom he or she is selling the firearm is a | 11 |
| law enforcement officer or the sale of a firearm to a | 12 |
| person who desires to purchase a firearm for
use in | 13 |
| promoting the public interest incident to his or her | 14 |
| employment as a
bank guard, armed truck guard, or other | 15 |
| similar employment; (2) a mail
order sale of a firearm to a | 16 |
| nonresident of Illinois under which the firearm
is mailed | 17 |
| to a point outside the boundaries of Illinois; (3) the sale
| 18 |
| of a firearm to a nonresident of Illinois while at a | 19 |
| firearm showing or display
recognized by the Illinois | 20 |
| Department of State Police; or (4) the sale of a
firearm to | 21 |
| a dealer licensed as a federal firearms dealer under | 22 |
| Section 923
of the federal Gun Control Act of 1968 (18 | 23 |
| U.S.C. 923). For purposes of this paragraph (g), | 24 |
| "application" means when the buyer and seller reach an | 25 |
| agreement to purchase a firearm.
| 26 |
| (h) While holding any license
as a dealer,
importer, |
|
|
|
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LRB095 18073 RLC 44156 b |
|
| 1 |
| manufacturer or pawnbroker
under the federal Gun Control | 2 |
| Act of 1968,
manufactures, sells or delivers to any | 3 |
| unlicensed person a handgun having
a barrel, slide, frame | 4 |
| or receiver which is a die casting of zinc alloy or
any | 5 |
| other nonhomogeneous metal which will melt or deform at a | 6 |
| temperature
of less than 800 degrees Fahrenheit. For | 7 |
| purposes of this Section and Section 24-3.1 paragraph , (1)
| 8 |
| "firearm" is defined as in the Firearm Owners | 9 |
| Identification Card Act; and (2)
"handgun" is defined as a | 10 |
| firearm designed to be held
and fired by the use of a | 11 |
| single hand, and includes a combination of parts from
which | 12 |
| such a firearm can be assembled.
| 13 |
| (i) Sells or gives a firearm of any size to any person | 14 |
| under 18 years of
age who does not possess a valid Firearm | 15 |
| Owner's Identification Card.
| 16 |
| (j) Sells or gives a firearm while engaged in the | 17 |
| business of selling
firearms at wholesale or retail without | 18 |
| being licensed as a federal firearms
dealer under Section | 19 |
| 923 of the federal Gun Control Act of 1968 (18 U.S.C.
923). | 20 |
| In this paragraph (j):
| 21 |
| A person "engaged in the business" means a person who | 22 |
| devotes time,
attention, and
labor to
engaging in the | 23 |
| activity as a regular course of trade or business with the
| 24 |
| principal objective of livelihood and profit, but does not | 25 |
| include a person who
makes occasional repairs of firearms | 26 |
| or who occasionally fits special barrels,
stocks, or |
|
|
|
HB5228 |
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LRB095 18073 RLC 44156 b |
|
| 1 |
| trigger mechanisms to firearms.
| 2 |
| "With the principal objective of livelihood and | 3 |
| profit" means that the
intent
underlying the sale or | 4 |
| disposition of firearms is predominantly one of
obtaining | 5 |
| livelihood and pecuniary gain, as opposed to other intents, | 6 |
| such as
improving or liquidating a personal firearms | 7 |
| collection; however, proof of
profit shall not be required | 8 |
| as to a person who engages in the regular and
repetitive | 9 |
| purchase and disposition of firearms for criminal purposes | 10 |
| or
terrorism.
| 11 |
| (k) Sells or transfers ownership of a firearm to a | 12 |
| person who does not display to the seller or transferor of | 13 |
| the firearm a currently valid Firearm Owner's | 14 |
| Identification Card that has previously been issued in the | 15 |
| transferee's name by the Department of State Police under | 16 |
| the provisions of the Firearm Owners Identification Card | 17 |
| Act. This paragraph (k) does not apply to the transfer of a | 18 |
| firearm to a person who is exempt from the requirement of | 19 |
| possessing a Firearm Owner's Identification Card under | 20 |
| Section 2 of the Firearm Owners Identification Card Act. | 21 |
| For the purposes of this Section, a currently valid Firearm | 22 |
| Owner's Identification Card means (i) a Firearm Owner's | 23 |
| Identification Card that has not expired or (ii) if the | 24 |
| transferor is licensed as a federal firearms dealer under | 25 |
| Section 923 of the federal Gun Control Act of 1968 (18 | 26 |
| U.S.C. 923), an approval number issued in accordance with |
|
|
|
HB5228 |
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LRB095 18073 RLC 44156 b |
|
| 1 |
| Section 3.1 of the Firearm Owners Identification Card Act | 2 |
| shall be proof that the Firearm Owner's Identification Card | 3 |
| was valid. | 4 |
| (l) Sells or gives a handgun to a person who does not | 5 |
| present to the seller or giver of the handgun at the time | 6 |
| of application for purchase or transfer a valid handgun | 7 |
| possession permit and a valid Firearm Owner's | 8 |
| Identification Card issued by the Department of State | 9 |
| Police under the Firearm Owners Identification Card Act. | 10 |
| (B) Paragraph (h) of subsection (A) does not include | 11 |
| firearms sold within 6
months after enactment of Public
Act | 12 |
| 78-355 (approved August 21, 1973, effective October 1, 1973), | 13 |
| nor is any
firearm legally owned or
possessed by any citizen or | 14 |
| purchased by any citizen within 6 months after the
enactment of | 15 |
| Public Act 78-355 subject
to confiscation or seizure under the | 16 |
| provisions of that Public Act. Nothing in
Public Act 78-355 | 17 |
| shall be construed to prohibit the gift or trade of
any firearm | 18 |
| if that firearm was legally held or acquired within 6 months | 19 |
| after
the enactment of that Public Act.
| 20 |
| (C) Sentence.
| 21 |
| (1) Any person convicted of unlawful sale of firearms | 22 |
| in violation of
any of paragraphs (c) through (h) of | 23 |
| subsection (A) commits a Class
4
felony.
| 24 |
| (2) Any person convicted of unlawful sale of firearms | 25 |
| in violation of
paragraph (b) or (i) of subsection (A) | 26 |
| commits a Class 3 felony.
|
|
|
|
HB5228 |
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LRB095 18073 RLC 44156 b |
|
| 1 |
| (3) Any person convicted of unlawful sale of firearms | 2 |
| in violation of
paragraph (a) of subsection (A) commits a | 3 |
| Class 2 felony.
| 4 |
| (4) Any person convicted of unlawful sale of firearms | 5 |
| in violation of
paragraph (a), (b), or (i) of subsection | 6 |
| (A) in any school, on the real
property comprising a | 7 |
| school, within 1,000 feet of the real property comprising
a | 8 |
| school, at a school related activity, or on or within 1,000 | 9 |
| feet of any
conveyance owned, leased, or contracted by a | 10 |
| school or school district to
transport students to or from | 11 |
| school or a school related activity,
regardless of the time | 12 |
| of day or time of year at which the offense
was committed, | 13 |
| commits a Class 1 felony. Any person convicted of a second
| 14 |
| or subsequent violation of unlawful sale of firearms in | 15 |
| violation of paragraph
(a), (b), or (i) of subsection (A) | 16 |
| in any school, on the real property
comprising a school, | 17 |
| within 1,000 feet of the real property comprising a
school, | 18 |
| at a school related activity, or on or within 1,000 feet of | 19 |
| any
conveyance owned, leased, or contracted by a school or | 20 |
| school district to
transport students to or from school or | 21 |
| a school related activity,
regardless of the time of day or | 22 |
| time of year at which the offense
was committed, commits a | 23 |
| Class 1 felony for which the sentence shall be a
term of | 24 |
| imprisonment of no less than 5 years and no more than 15 | 25 |
| years.
| 26 |
| (5) Any person convicted of unlawful sale of firearms |
|
|
|
HB5228 |
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LRB095 18073 RLC 44156 b |
|
| 1 |
| in violation of
paragraph (a) or (i) of subsection (A) in | 2 |
| residential property owned,
operated, or managed by a | 3 |
| public housing agency or leased by a public housing
agency | 4 |
| as part of a scattered site or mixed-income development, in | 5 |
| a public
park, in a
courthouse, on residential property | 6 |
| owned, operated, or managed by a public
housing agency or | 7 |
| leased by a public housing agency as part of a scattered | 8 |
| site
or mixed-income development, on the real property | 9 |
| comprising any public park,
on the real
property comprising | 10 |
| any courthouse, or on any public way within 1,000 feet
of | 11 |
| the real property comprising any public park, courthouse, | 12 |
| or residential
property owned, operated, or managed by a | 13 |
| public housing agency or leased by a
public housing agency | 14 |
| as part of a scattered site or mixed-income development
| 15 |
| commits a
Class 2 felony.
| 16 |
| (6) Any person convicted of unlawful sale of firearms | 17 |
| in violation of
paragraph (j) of subsection (A) commits a | 18 |
| Class A misdemeanor. A second or
subsequent violation is a | 19 |
| Class 4 felony. | 20 |
| (7) Any person convicted of unlawful sale of firearms | 21 |
| in violation of paragraph (k) of subsection (A) commits a | 22 |
| Class 4 felony. A third or subsequent conviction for a | 23 |
| violation of paragraph (k) of subsection (A) is a Class 1 | 24 |
| felony.
| 25 |
| (D) For purposes of this Section:
| 26 |
| "School" means a public or private elementary or secondary |
|
|
|
HB5228 |
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LRB095 18073 RLC 44156 b |
|
| 1 |
| school,
community college, college, or university.
| 2 |
| "School related activity" means any sporting, social, | 3 |
| academic, or
other activity for which students' attendance or | 4 |
| participation is sponsored,
organized, or funded in whole or in | 5 |
| part by a school or school district.
| 6 |
| (E) A prosecution for a violation of paragraph (k) of | 7 |
| subsection (A) of this Section may be commenced within 6 years | 8 |
| after the commission of the offense. A prosecution for a | 9 |
| violation of this Section other than paragraph (g) of | 10 |
| subsection (A) of this Section may be commenced within 5 years | 11 |
| after the commission of the offense defined in the particular | 12 |
| paragraph.
| 13 |
| (Source: P.A. 94-6, eff. 1-1-06; 94-284, eff. 7-21-05; 95-331, | 14 |
| eff. 8-21-07.)
| 15 |
| (720 ILCS 5/24-3.1) (from Ch. 38, par. 24-3.1)
| 16 |
| Sec. 24-3.1. Unlawful possession of firearms and firearm | 17 |
| ammunition.
| 18 |
| (a) A person commits the offense of unlawful possession of | 19 |
| firearms
or firearm ammunition when:
| 20 |
| (1) He is under 18 years of age and has in his | 21 |
| possession
any firearm of
a size which may be concealed | 22 |
| upon the person; or
| 23 |
| (2) He is under 21 years of age, has been convicted of | 24 |
| a misdemeanor
other than a traffic offense or adjudged | 25 |
| delinquent and has
any firearms or
firearm ammunition in |
|
|
|
HB5228 |
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LRB095 18073 RLC 44156 b |
|
| 1 |
| his possession; or
| 2 |
| (3) He is a narcotic addict and has
any firearms or | 3 |
| firearm ammunition
in his possession; or
| 4 |
| (4) He has been a patient in a mental hospital within | 5 |
| the past 5 years
and has
any firearms or firearm ammunition | 6 |
| in his possession; or
| 7 |
| (5) He is mentally retarded and has
any firearms or | 8 |
| firearm ammunition
in his possession; or
| 9 |
| (6) He has in his possession any explosive bullet ; or | 10 |
| (7) He or she has in his or her possession a handgun | 11 |
| and does not possess a valid handgun possession permit | 12 |
| issued by the Department of State Police under the Firearm | 13 |
| Owners Identification Card Act .
| 14 |
| For purposes of this paragraph (6) "explosive bullet" means | 15 |
| the projectile
portion of an ammunition cartridge which | 16 |
| contains or carries an explosive
charge which will explode upon | 17 |
| contact with the flesh of a human or an animal.
"Cartridge" | 18 |
| means a tubular metal case having a projectile affixed at the
| 19 |
| front thereof and a cap or primer at the rear end thereof, with | 20 |
| the propellant
contained in such tube between the projectile | 21 |
| and the cap.
| 22 |
| (b) Sentence.
| 23 |
| Unlawful possession of firearms, other than handguns, and | 24 |
| firearm
ammunition is a Class A misdemeanor. Unlawful | 25 |
| possession of handguns is a
Class 4 felony. The possession of | 26 |
| each firearm or firearm ammunition in violation of this Section |
|
|
|
HB5228 |
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LRB095 18073 RLC 44156 b |
|
| 1 |
| constitutes a single and separate violation.
| 2 |
| (c) Nothing in paragraph (1) of subsection (a) of this | 3 |
| Section prohibits
a person under 18 years of age from | 4 |
| participating in any lawful recreational
activity with a | 5 |
| firearm such as, but not limited to, practice shooting at
| 6 |
| targets upon established public or private target ranges or | 7 |
| hunting, trapping,
or fishing in accordance with the Wildlife | 8 |
| Code or the Fish and Aquatic Life
Code.
| 9 |
| (Source: P.A. 94-284, eff. 7-21-05; 95-331, eff. 8-21-07.)
|
|
|
|
HB5228 |
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LRB095 18073 RLC 44156 b |
|
| 1 |
|
INDEX
| 2 |
|
Statutes amended in order of appearance
|
| 3 |
| 430 ILCS 65/1.1 |
from Ch. 38, par. 83-1.1 |
| 4 |
| 430 ILCS 65/4 |
from Ch. 38, par. 83-4 |
| 5 |
| 430 ILCS 65/4.1 new |
|
| 6 |
| 430 ILCS 65/5 |
from Ch. 38, par. 83-5 |
| 7 |
| 430 ILCS 65/6.1 |
|
| 8 |
| 430 ILCS 65/7 |
from Ch. 38, par. 83-7 |
| 9 |
| 430 ILCS 65/8 |
from Ch. 38, par. 83-8 |
| 10 |
| 430 ILCS 65/9 |
from Ch. 38, par. 83-9 |
| 11 |
| 430 ILCS 65/10 |
from Ch. 38, par. 83-10 |
| 12 |
| 430 ILCS 65/13.2 |
from Ch. 38, par. 83-13.2 |
| 13 |
| 430 ILCS 65/14 |
from Ch. 38, par. 83-14 |
| 14 |
| 720 ILCS 5/24-3 |
from Ch. 38, par. 24-3 |
| 15 |
| 720 ILCS 5/24-3.1 |
from Ch. 38, par. 24-3.1 |
| |
|