Full Text of SB0754 103rd General Assembly
SB0754eng 103RD GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning regulation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Firearm Owners Identification Card Act is | 5 | | amended by changing Sections 1, 1.1, 2, and 3 as follows:
| 6 | | (430 ILCS 65/1) (from Ch. 38, par. 83-1)
| 7 | | Sec. 1. It is hereby declared as a matter of legislative | 8 | | determination that
in order to promote and protect the health, | 9 | | safety , and welfare of the
public, it is necessary and in the | 10 | | public interest to provide a system of
identifying persons who | 11 | | are not qualified to acquire or possess firearms, firearm | 12 | | ammunition, prepackaged explosive components, stun guns, and | 13 | | tasers within the State of Illinois by the establishment of
a | 14 | | system of Firearm Owner's Identification Cards, thereby | 15 | | establishing a
practical and workable system by which law | 16 | | enforcement authorities will be
afforded an opportunity to | 17 | | identify those persons who are prohibited by
Section 24-3.1 of | 18 | | the Criminal Code of 2012, from
acquiring or possessing | 19 | | firearms and firearm ammunition and who are prohibited by this | 20 | | Act from acquiring stun guns and tasers.
| 21 | | (Source: P.A. 97-1150, eff. 1-25-13.)
| 22 | | (430 ILCS 65/1.1)
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| 1 | | Sec. 1.1. For purposes of this Act:
| 2 | | "Addicted to narcotics" means a person who has been: | 3 | | (1) convicted of an offense involving the use or | 4 | | possession of cannabis, a controlled substance, or | 5 | | methamphetamine within the past year; or | 6 | | (2) determined by the Illinois State Police to be | 7 | | addicted to narcotics based upon federal law or federal | 8 | | guidelines. | 9 | | "Addicted to narcotics" does not include possession or use | 10 | | of a prescribed controlled substance under the direction and | 11 | | authority of a physician or other person authorized to | 12 | | prescribe the controlled substance when the controlled | 13 | | substance is used in the prescribed manner. | 14 | | "Adjudicated as a person with a mental disability" means | 15 | | the person is the subject of a determination by a court, board, | 16 | | commission or other lawful authority that the person, as a | 17 | | result of marked subnormal intelligence, or mental illness, | 18 | | mental impairment, incompetency, condition, or disease: | 19 | | (1) presents a clear and present danger to himself, | 20 | | herself, or to others; | 21 | | (2) lacks the mental capacity to manage his or her own | 22 | | affairs or is adjudicated a person with a disability as | 23 | | defined in Section 11a-2 of the Probate Act of 1975; | 24 | | (3) is not guilty in a criminal case by reason of | 25 | | insanity, mental disease or defect; | 26 | | (3.5) is guilty but mentally ill, as provided in |
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| 1 | | Section 5-2-6 of the Unified Code of Corrections; | 2 | | (4) is incompetent to stand trial in a criminal case; | 3 | | (5) is not guilty by reason of lack of mental | 4 | | responsibility under Articles 50a and 72b of the Uniform | 5 | | Code of Military Justice, 10 U.S.C. 850a, 876b;
| 6 | | (6) is a sexually violent person under subsection (f) | 7 | | of Section 5 of the Sexually Violent Persons Commitment | 8 | | Act; | 9 | | (7) is a sexually dangerous person under the Sexually | 10 | | Dangerous Persons Act; | 11 | | (8) is unfit to stand trial under the Juvenile Court | 12 | | Act of 1987; | 13 | | (9) is not guilty by reason of insanity under the | 14 | | Juvenile Court Act of 1987; | 15 | | (10) is subject to involuntary admission as an | 16 | | inpatient as defined in Section 1-119 of the Mental Health | 17 | | and Developmental Disabilities Code; | 18 | | (11) is subject to involuntary admission as an | 19 | | outpatient as defined in Section 1-119.1 of the Mental | 20 | | Health and Developmental Disabilities Code; | 21 | | (12) is subject to judicial admission as set forth in | 22 | | Section 4-500 of the Mental Health and Developmental | 23 | | Disabilities Code; or | 24 | | (13) is subject to the provisions of the Interstate | 25 | | Agreements on Sexually Dangerous Persons Act. | 26 | | "Clear and present danger" means a person who: |
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| 1 | | (1) communicates a serious threat of physical violence | 2 | | against a reasonably identifiable victim or poses a clear | 3 | | and imminent risk of serious physical injury to himself, | 4 | | herself, or another person as determined by a physician, | 5 | | clinical psychologist, or qualified examiner; or | 6 | | (2) demonstrates threatening physical or verbal | 7 | | behavior, such as violent, suicidal, or assaultive | 8 | | threats, actions, or other behavior, as determined by a | 9 | | physician, clinical psychologist, qualified examiner, | 10 | | school administrator, or law enforcement official. | 11 | | "Clinical psychologist" has the meaning provided in | 12 | | Section 1-103 of the Mental Health and Developmental | 13 | | Disabilities Code. | 14 | | "Controlled substance" means a controlled substance or | 15 | | controlled substance analog as defined in the Illinois | 16 | | Controlled Substances Act. | 17 | | "Counterfeit" means to copy or imitate, without legal | 18 | | authority, with
intent
to deceive. | 19 | | "Developmental disability" means a severe, chronic | 20 | | disability of an individual that: | 21 | | (1) is attributable to a mental or physical impairment | 22 | | or combination of mental and physical impairments; | 23 | | (2) is manifested before the individual attains age | 24 | | 22; | 25 | | (3) is likely to continue indefinitely; | 26 | | (4) results in substantial functional limitations in 3 |
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| 1 | | or more of the following areas of major life activity: | 2 | | (A) Self-care. | 3 | | (B) Receptive and expressive language. | 4 | | (C) Learning. | 5 | | (D) Mobility. | 6 | | (E) Self-direction. | 7 | | (F) Capacity for independent living. | 8 | | (G) Economic self-sufficiency; and | 9 | | (5) reflects the individual's need for a combination | 10 | | and sequence of special, interdisciplinary, or generic | 11 | | services, individualized supports, or other forms of | 12 | | assistance that are of lifelong or extended duration and | 13 | | are individually planned and coordinated. | 14 | | "Federally licensed firearm dealer" means a person who is | 15 | | licensed as a federal firearms dealer under Section 923 of the | 16 | | federal Gun Control Act of 1968 (18 U.S.C. 923).
| 17 | | "Firearm" means any device, by
whatever name known, which | 18 | | is designed to expel a projectile or projectiles
by the action | 19 | | of an explosion, expansion of gas or escape of gas; excluding,
| 20 | | however:
| 21 | | (1) any pneumatic gun, spring gun, paint ball gun, or | 22 | | B-B gun which
expels a single globular projectile not | 23 | | exceeding .18 inch in
diameter or which has a maximum | 24 | | muzzle velocity of less than 700 feet
per second;
| 25 | | (1.1) any pneumatic gun, spring gun, paint ball gun, | 26 | | or B-B gun which expels breakable paint balls containing |
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| 1 | | washable marking colors; | 2 | | (2) any device used exclusively for signaling or | 3 | | safety and required or
recommended by the United States | 4 | | Coast Guard or the Interstate Commerce
Commission;
| 5 | | (3) any device used exclusively for the firing of stud | 6 | | cartridges,
explosive rivets or similar industrial | 7 | | ammunition; and
| 8 | | (4) an antique firearm (other than a machine-gun) | 9 | | which, although
designed as a weapon, the Illinois State | 10 | | Police finds by reason of
the date of its manufacture, | 11 | | value, design, and other characteristics is
primarily a | 12 | | collector's item and is not likely to be used as a weapon.
| 13 | | "Firearm ammunition" means any self-contained cartridge or | 14 | | shotgun
shell, by whatever name known, which is designed to be | 15 | | used or adaptable to
use in a firearm; excluding, however:
| 16 | | (1) any ammunition exclusively designed for use with a | 17 | | device used
exclusively for signaling or safety and | 18 | | required or recommended by the
United States Coast Guard | 19 | | or the Interstate Commerce Commission; and
| 20 | | (2) any ammunition designed exclusively for use with a | 21 | | stud or rivet
driver or other similar industrial | 22 | | ammunition. | 23 | | "Gun show" means an event or function: | 24 | | (1) at which the sale and transfer of firearms is the | 25 | | regular and normal course of business and where 50 or more | 26 | | firearms are displayed, offered, or exhibited for sale, |
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| 1 | | transfer, or exchange; or | 2 | | (2) at which not less than 10 gun show vendors | 3 | | display, offer, or exhibit for sale, sell, transfer, or | 4 | | exchange firearms.
| 5 | | "Gun show" includes the entire premises provided for an | 6 | | event or function, including parking areas for the event or | 7 | | function, that is sponsored to facilitate the purchase, sale, | 8 | | transfer, or exchange of firearms as described in this | 9 | | Section.
Nothing in this definition shall be construed to | 10 | | exclude a gun show held in conjunction with competitive | 11 | | shooting events at the World Shooting Complex sanctioned by a | 12 | | national governing body in which the sale or transfer of | 13 | | firearms is authorized under subparagraph (5) of paragraph (g) | 14 | | of subsection (A) of Section 24-3 of the Criminal Code of 2012. | 15 | | Unless otherwise expressly stated, "gun show" does not | 16 | | include training or safety classes, competitive shooting | 17 | | events, such as rifle, shotgun, or handgun matches, trap, | 18 | | skeet, or sporting clays shoots, dinners, banquets, raffles, | 19 | | or
any other event where the sale or transfer of firearms is | 20 | | not the primary course of business. | 21 | | "Gun show promoter" means a person who organizes or | 22 | | operates a gun show. | 23 | | "Gun show vendor" means a person who exhibits, sells, | 24 | | offers for sale, transfers, or exchanges any firearms at a gun | 25 | | show, regardless of whether the person arranges with a gun | 26 | | show promoter for a fixed location from which to exhibit, |
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| 1 | | sell, offer for sale, transfer, or exchange any firearm. | 2 | | "Intellectual disability" means significantly subaverage | 3 | | general intellectual functioning, existing concurrently with | 4 | | deficits in adaptive behavior and manifested during the | 5 | | developmental period, which is defined as before the age of | 6 | | 22, that adversely affects a child's educational performance. | 7 | | "Involuntarily admitted" has the meaning as prescribed in | 8 | | Sections 1-119 and 1-119.1 of the Mental Health and | 9 | | Developmental Disabilities Code. | 10 | | "Mental health facility" means any licensed private | 11 | | hospital or hospital affiliate, institution, or facility, or | 12 | | part thereof, and any facility, or part thereof, operated by | 13 | | the State or a political subdivision thereof which provides | 14 | | treatment of persons with mental illness and includes all | 15 | | hospitals, institutions, clinics, evaluation facilities, | 16 | | mental health centers, colleges, universities, long-term care | 17 | | facilities, and nursing homes, or parts thereof, which provide | 18 | | treatment of persons with mental illness whether or not the | 19 | | primary purpose is to provide treatment of persons with mental | 20 | | illness. | 21 | | "National governing body" means a group of persons who | 22 | | adopt rules and formulate policy on behalf of a national | 23 | | firearm sporting organization. | 24 | | "Noncitizen" means a person who is not a citizen of the | 25 | | United States, but is a person who is a foreign-born person who | 26 | | lives in the United States, has not been naturalized, and is |
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| 1 | | still a citizen of a foreign country. | 2 | | "Patient" means: | 3 | | (1) a person who is admitted as an inpatient or | 4 | | resident of a public or private mental health facility for | 5 | | mental health treatment under Chapter III of the Mental | 6 | | Health and Developmental Disabilities Code as an informal | 7 | | admission, a voluntary admission, a minor admission, an | 8 | | emergency admission, or an involuntary admission, unless | 9 | | the treatment was solely for an alcohol abuse disorder; or | 10 | | (2) a person who voluntarily or involuntarily receives | 11 | | mental health treatment as an out-patient or is otherwise | 12 | | provided services by a public or private mental health | 13 | | facility and who poses a clear and present danger to | 14 | | himself, herself, or others. | 15 | | "Physician" has the meaning as defined in Section 1-120 of | 16 | | the Mental Health and Developmental Disabilities Code. | 17 | | "Prepackaged explosive components" has the same meaning | 18 | | ascribed to the term in Section 24-4.3 of the Criminal Code of | 19 | | 2012. | 20 | | "Protective order" means any orders of protection issued | 21 | | under the Illinois Domestic Violence Act of 1986, stalking no | 22 | | contact orders issued under the Stalking No Contact Order Act, | 23 | | civil no contact orders issued under the Civil No Contact | 24 | | Order Act, and firearms restraining orders issued under the | 25 | | Firearms Restraining Order Act or a substantially similar | 26 | | order issued by the court of another state, tribe, or United |
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| 1 | | States territory or military tribunal. | 2 | | "Qualified examiner" has the meaning provided in Section | 3 | | 1-122 of the Mental Health and Developmental Disabilities | 4 | | Code. | 5 | | "Sanctioned competitive shooting event" means a shooting | 6 | | contest officially recognized by a national or state shooting | 7 | | sport association, and includes any sight-in or practice | 8 | | conducted in conjunction with the event.
| 9 | | "School administrator" means the person required to report | 10 | | under the School Administrator Reporting of Mental Health | 11 | | Clear and Present Danger Determinations Law. | 12 | | "Stun gun or taser" has the meaning ascribed to it in | 13 | | Section 24-1 of the Criminal Code of 2012. | 14 | | (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; | 15 | | 102-813, eff. 5-13-22; 102-890, eff. 5-19-22; 102-972, eff. | 16 | | 1-1-23; 102-1030, eff. 5-27-22; revised 12-14-22.)
| 17 | | (430 ILCS 65/2) (from Ch. 38, par. 83-2)
| 18 | | Sec. 2. Firearm Owner's Identification Card required; | 19 | | exceptions.
| 20 | | (a) (1) No person may acquire or possess any firearm, | 21 | | prepackaged explosive components, stun gun, or taser within | 22 | | this State
without having in his or her possession a Firearm | 23 | | Owner's Identification Card
previously issued in his or her | 24 | | name by the Illinois State Police under
the provisions of this | 25 | | Act.
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| 1 | | (2) No person may acquire or possess firearm ammunition | 2 | | within this
State without having in his or her possession a | 3 | | Firearm Owner's Identification
Card previously issued in his | 4 | | or her name by the Illinois State Police
under the provisions | 5 | | of this Act.
| 6 | | (b) The provisions of this Section regarding the | 7 | | possession of firearms, firearm ammunition, stun guns, and | 8 | | tasers do not apply to:
| 9 | | (1) United States Marshals, while engaged in the | 10 | | operation of their
official duties;
| 11 | | (2) Members of the Armed Forces of the United States | 12 | | or the National
Guard, while engaged in the operation of | 13 | | their official duties;
| 14 | | (3) Federal officials required to carry firearms, | 15 | | while engaged in the
operation of their official duties;
| 16 | | (4) Members of bona fide veterans organizations which | 17 | | receive firearms
directly from the armed forces of the | 18 | | United States, while using the
firearms for ceremonial | 19 | | purposes with blank ammunition;
| 20 | | (5) Nonresident hunters during hunting season, with | 21 | | valid nonresident
hunting licenses and while in an area | 22 | | where hunting is permitted; however,
at all other times | 23 | | and in all other places these persons must have their
| 24 | | firearms unloaded and enclosed in a case;
| 25 | | (6) Those hunters exempt from obtaining a hunting | 26 | | license who are
required to submit their Firearm Owner's |
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| 1 | | Identification Card when hunting
on Department of Natural | 2 | | Resources owned or managed sites;
| 3 | | (7) Nonresidents while on a firing or shooting range | 4 | | recognized by the
Illinois State Police; however, these | 5 | | persons must at all other times
and in all other places | 6 | | have their firearms unloaded and enclosed in a case;
| 7 | | (8) Nonresidents while at a firearm showing or display | 8 | | recognized by
the Illinois State Police; however, at all | 9 | | other times and in all
other places these persons must | 10 | | have their firearms unloaded and enclosed
in a case;
| 11 | | (9) Nonresidents whose firearms are unloaded and | 12 | | enclosed in a case;
| 13 | | (10) Nonresidents who are currently licensed or | 14 | | registered to possess a
firearm in their resident state;
| 15 | | (11) Unemancipated minors while in the custody and | 16 | | immediate control of
their parent or legal guardian or | 17 | | other person in loco parentis to the
minor if the parent or | 18 | | legal guardian or other person in loco parentis to
the | 19 | | minor has a currently valid Firearm Owner's Identification
| 20 | | Card;
| 21 | | (12) Color guards of bona fide veterans organizations | 22 | | or members of bona
fide American Legion bands while using | 23 | | firearms for ceremonial purposes
with blank ammunition;
| 24 | | (13) Nonresident hunters whose state of residence does | 25 | | not require
them to be licensed or registered to possess a | 26 | | firearm and only during
hunting season, with valid hunting |
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| 1 | | licenses, while accompanied by, and
using a firearm owned | 2 | | by, a person who possesses a valid Firearm Owner's
| 3 | | Identification Card and while in an area within a | 4 | | commercial club licensed
under the Wildlife Code where | 5 | | hunting is permitted and controlled, but in
no instance | 6 | | upon sites owned or managed by the Department of Natural
| 7 | | Resources;
| 8 | | (14) Resident hunters who are properly authorized to | 9 | | hunt and,
while accompanied by a person who possesses a | 10 | | valid Firearm Owner's
Identification Card, hunt in an area | 11 | | within a commercial club licensed
under the Wildlife Code | 12 | | where hunting is permitted and controlled; and
| 13 | | (15) A person who is otherwise eligible to obtain a | 14 | | Firearm Owner's
Identification Card under this Act and is | 15 | | under the direct supervision of a
holder of a Firearm
| 16 | | Owner's Identification Card who is 21 years of age or | 17 | | older while the person is
on a firing or shooting range
or | 18 | | is a
participant in a firearms safety and training course | 19 | | recognized by a law
enforcement agency or a national, | 20 | | statewide shooting sports organization. | 21 | | (c) The provisions of this Section regarding the | 22 | | acquisition and possession
of firearms, firearm ammunition, | 23 | | prepackaged explosive components, stun guns, and tasers do not | 24 | | apply to law enforcement officials
of this or any other | 25 | | jurisdiction, while engaged in the performance operation of | 26 | | their
official duties.
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| 1 | | (c-5) The provisions of paragraphs (1) and (2) of | 2 | | subsection (a) of this Section regarding the possession of | 3 | | firearms
and firearm ammunition do not apply to the holder of a | 4 | | valid concealed carry
license issued under the Firearm | 5 | | Concealed Carry Act who is in physical
possession of the | 6 | | concealed carry license. | 7 | | (c-10) The provisions of paragraph (1) of subsection (a) | 8 | | of this Section regarding the acquisition and possession of | 9 | | prepackaged explosive components do not apply to: | 10 | | (1) Members of the Armed Services or Reserves | 11 | | Forces of the United States or the Illinois National Guard | 12 | | while in the performance of their official duty. | 13 | | (2) Persons licensed under State and federal law | 14 | | to manufacture, import, or sell prepackaged explosive | 15 | | components, and actually engaged in that business, but | 16 | | only with respect to activities which are within the | 17 | | lawful scope of the business, including the manufacture, | 18 | | transportation, or testing of prepackaged explosive | 19 | | components. | 20 | | (3) Contractors or subcontractors engaged in the | 21 | | manufacture, transport, testing, delivery, transfer or | 22 | | sale, and lawful experimental activities under a contract | 23 | | or subcontract for the development and supply of the | 24 | | product to the United States government or any branch of | 25 | | the Armed Forces of the United States, when those | 26 | | activities are necessary and incident to fulfilling the |
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| 1 | | terms of the contract. The exemption granted under this | 2 | | paragraph (3) shall also apply to any authorized agent of | 3 | | any contractor or subcontractor described in this | 4 | | paragraph (3) who is operating within the scope of his or | 5 | | her employment, when the activities involving the | 6 | | prepackaged explosive components are necessary and | 7 | | incident to fulfilling the terms of the contract. | 8 | | (4) Sales clerks or retail merchants selling or | 9 | | transferring prepackaged explosive components. | 10 | | (d) Any person who becomes a resident of this State, who is | 11 | | not otherwise prohibited from obtaining, possessing, or using | 12 | | a firearm or firearm ammunition, shall not be required to have | 13 | | a Firearm Owner's Identification Card to possess firearms or | 14 | | firearms ammunition until 60 calendar days after he or she | 15 | | obtains an Illinois driver's license or Illinois | 16 | | Identification Card. | 17 | | (Source: P.A. 102-538, eff. 8-20-21; 102-1116, eff. 1-10-23.)
| 18 | | (430 ILCS 65/3) (from Ch. 38, par. 83-3) | 19 | | (Text of Section before amendment by P.A. 102-237 ) | 20 | | Sec. 3. (a) Except as provided in Section 3a, no person may | 21 | | knowingly
transfer, or cause to be transferred, any firearm, | 22 | | firearm ammunition, prepackaged explosive components, stun | 23 | | gun, or taser to any person within this State unless the
| 24 | | transferee with whom he deals displays either: (1) a currently | 25 | | valid Firearm Owner's
Identification Card which has previously |
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| 1 | | been issued in his or her name by the
Illinois State Police | 2 | | under the provisions of this Act; or (2) a currently valid | 3 | | license to carry a concealed firearm which has previously been | 4 | | issued in his or her name by the
Illinois State Police under | 5 | | the Firearm Concealed Carry Act. In addition,
all firearm, | 6 | | stun gun, and taser transfers by federally licensed firearm | 7 | | dealers are subject
to Section 3.1. | 8 | | (a-5) Any person who is not a federally licensed firearm | 9 | | dealer and who desires to transfer or sell a firearm while that | 10 | | person is on the grounds of a gun show must, before selling or | 11 | | transferring the firearm, request the Illinois State Police to | 12 | | conduct a background check on the prospective recipient of the | 13 | | firearm in accordance with Section 3.1.
| 14 | | (a-10) Notwithstanding item (2) of subsection (a) of this | 15 | | Section, any person who is not a federally licensed firearm | 16 | | dealer and who desires to transfer or sell a firearm or | 17 | | firearms to any person who is not a federally licensed firearm | 18 | | dealer shall, before selling or transferring the firearms, | 19 | | contact a federal firearm license dealer under paragraph (1) | 20 | | of subsection (a-15) of this Section to conduct the transfer | 21 | | or the Illinois State Police with the transferee's or | 22 | | purchaser's Firearm Owner's Identification Card number to | 23 | | determine the validity of the transferee's or purchaser's | 24 | | Firearm Owner's Identification Card under State and federal | 25 | | law including the National Instant Criminal Background Check | 26 | | System. This subsection shall not be effective until July 1, |
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| 1 | | 2023. Until that date the transferor shall contact the | 2 | | Illinois State Police with the transferee's or purchaser's | 3 | | Firearm Owner's Identification Card number to determine the | 4 | | validity of the card. The Illinois State Police may adopt | 5 | | rules concerning the implementation of this subsection. The | 6 | | Illinois State Police shall provide the seller or transferor | 7 | | an approval number if the purchaser's Firearm Owner's | 8 | | Identification Card is valid. Approvals issued by the Illinois | 9 | | State Police for the purchase of a firearm pursuant to this | 10 | | subsection are valid for 30 days from the date of issue. | 11 | | (a-15) The provisions of subsection (a-10) of this Section | 12 | | do not apply to: | 13 | | (1) transfers that occur at the place of business of a | 14 | | federally licensed firearm dealer, if the federally | 15 | | licensed firearm dealer conducts a background check on the | 16 | | prospective recipient of the firearm in accordance with | 17 | | Section 3.1 of this Act and follows all other applicable | 18 | | federal, State, and local laws as if he or she were the | 19 | | seller or transferor of the firearm, although the dealer | 20 | | is not required to accept the firearm into his or her | 21 | | inventory. The purchaser or transferee may be required by | 22 | | the federally licensed firearm dealer to pay a fee not to | 23 | | exceed $25 per firearm, which the dealer may retain as | 24 | | compensation for performing the functions required under | 25 | | this paragraph, plus the applicable fees authorized by | 26 | | Section 3.1; |
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| 1 | | (2) transfers as a bona fide gift to the transferor's | 2 | | husband, wife, son, daughter, stepson, stepdaughter, | 3 | | father, mother, stepfather, stepmother, brother, sister, | 4 | | nephew, niece, uncle, aunt, grandfather, grandmother, | 5 | | grandson, granddaughter, father-in-law, mother-in-law, | 6 | | son-in-law, or daughter-in-law; | 7 | | (3) transfers by persons acting pursuant to operation | 8 | | of law or a court order; | 9 | | (4) transfers on the grounds of a gun show under | 10 | | subsection (a-5) of this Section; | 11 | | (5) the delivery of a firearm by its owner to a | 12 | | gunsmith for service or repair, the return of the firearm | 13 | | to its owner by the gunsmith, or the delivery of a firearm | 14 | | by a gunsmith to a federally licensed firearms dealer for | 15 | | service or repair and the return of the firearm to the | 16 | | gunsmith; | 17 | | (6) temporary transfers that occur while in the home | 18 | | of the unlicensed transferee, if the unlicensed transferee | 19 | | is not otherwise prohibited from possessing firearms and | 20 | | the unlicensed transferee reasonably believes that | 21 | | possession of the firearm is necessary to prevent imminent | 22 | | death or great bodily harm to the unlicensed transferee; | 23 | | (7) transfers to a law enforcement or corrections | 24 | | agency or a law enforcement or corrections officer acting | 25 | | within the course and scope of his or her official duties; | 26 | | (8) transfers of firearms that have been rendered |
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| 1 | | permanently inoperable to a nonprofit historical society, | 2 | | museum, or institutional collection; and | 3 | | (9) transfers to a person who is exempt from the | 4 | | requirement of possessing a Firearm Owner's Identification | 5 | | Card under Section 2 of this Act. | 6 | | (a-20) The Illinois State Police shall develop an | 7 | | Internet-based system for individuals to determine the | 8 | | validity of a Firearm Owner's Identification Card prior to the | 9 | | sale or transfer of a firearm. The Illinois State Police shall | 10 | | have the Internet-based system updated and available for use | 11 | | by January 1, 2024. The Illinois State Police shall adopt | 12 | | rules not inconsistent with this Section to implement this | 13 | | system, but no rule shall allow the Illinois State Police to | 14 | | retain records in contravention of State and federal law. | 15 | | (a-25) On or before January 1, 2022, the Illinois State | 16 | | Police shall develop an Internet-based system upon which the | 17 | | serial numbers of firearms that have been reported stolen are | 18 | | available for public access for individuals to ensure any | 19 | | firearms are not reported stolen prior to the sale or transfer | 20 | | of a firearm under this Section. The Illinois State Police | 21 | | shall have the Internet-based system completed and available | 22 | | for use by July 1, 2022. The Illinois State Police shall adopt | 23 | | rules not inconsistent with this Section to implement this | 24 | | system. | 25 | | (b) Any person within this State who transfers or causes | 26 | | to be
transferred any firearm, prepackaged explosive |
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| 1 | | components, stun gun, or taser shall keep a record of the such | 2 | | transfer for a period
of 10 years from the date of transfer. | 3 | | Any person within this State who receives any firearm, | 4 | | prepackaged explosive components, stun gun, or taser pursuant | 5 | | to subsection (a-10) shall provide a record of the transfer | 6 | | within 10 days of the transfer to a federally licensed firearm | 7 | | dealer and shall not be required to maintain a transfer | 8 | | record. The federally licensed firearm dealer shall maintain | 9 | | the transfer record for 20 years from the date of receipt. A | 10 | | federally licensed firearm dealer may charge a fee not to | 11 | | exceed $25 to retain the record. The record shall be provided | 12 | | and maintained in either an electronic or paper format. The | 13 | | federally licensed firearm dealer shall not be liable for the | 14 | | accuracy of any information in the transfer record submitted | 15 | | pursuant to this Section. Such records shall contain the date
| 16 | | of the transfer; the description, serial number or other | 17 | | information
identifying the firearm, prepackaged explosive | 18 | | components, stun gun, or taser if no serial number is | 19 | | available; and, if the
transfer was completed within this | 20 | | State, the transferee's Firearm Owner's
Identification Card | 21 | | number and any approval number or documentation provided by | 22 | | the Illinois State Police under pursuant to subsection (a-10) | 23 | | of this Section; if the transfer was not completed within this | 24 | | State, the record shall contain the name and address of the | 25 | | transferee. On or after January 1, 2006, the record shall | 26 | | contain the date of application for transfer of the firearm. |
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| 1 | | On demand of a peace officer the such transferor
shall produce | 2 | | for inspection such record of transfer. For any transfer | 3 | | pursuant to subsection (a-10) of this Section, on the demand | 4 | | of a peace officer, the such transferee shall identify the | 5 | | federally licensed firearm dealer maintaining the transfer | 6 | | record. If the transfer or sale took place at a gun show, the | 7 | | record shall include the unique identification number. Failure | 8 | | to record the unique identification number or approval number | 9 | | is a petty offense.
For transfers of a firearm, prepackaged | 10 | | explosive components, stun gun, or taser made on or after | 11 | | January 18, 2019 (the effective date of Public Act 100-1178), | 12 | | failure by the private seller to maintain the transfer records | 13 | | in accordance with this Section, or failure by a transferee | 14 | | pursuant to subsection a-10 of this Section to identify the | 15 | | federally licensed firearm dealer maintaining the transfer | 16 | | record, is a Class A misdemeanor for the first offense and a | 17 | | Class 4 felony for a second or subsequent offense occurring | 18 | | within 10 years of the first offense and the second offense was | 19 | | committed after conviction of the first offense. Whenever any | 20 | | person who has not previously been convicted of any violation | 21 | | of subsection (a-5), the court may grant supervision pursuant | 22 | | to and consistent with the limitations of Section 5-6-1 of the | 23 | | Unified Code of Corrections. A transferee or transferor shall | 24 | | not be criminally liable under this Section provided that he | 25 | | or she provides the Illinois State Police with the transfer | 26 | | records in accordance with procedures established by the |
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| 1 | | Illinois State Police. The Illinois State Police shall | 2 | | establish, by rule, a standard form on its website. | 3 | | (b-5) Any resident may purchase ammunition from a person | 4 | | within or outside of Illinois if shipment is by United States | 5 | | mail or by a private express carrier authorized by federal law | 6 | | to ship ammunition. Any resident purchasing ammunition within | 7 | | or outside the State of Illinois must provide the seller with a | 8 | | copy of his or her valid Firearm Owner's Identification Card | 9 | | or valid concealed carry license and either his or her | 10 | | Illinois driver's license or Illinois State Identification | 11 | | Card prior to the shipment of the ammunition. The ammunition | 12 | | may be shipped only to an address on either of those 2 | 13 | | documents. | 14 | | (c) The provisions of this Section regarding the transfer | 15 | | of firearm
ammunition shall not apply to those persons | 16 | | specified in paragraph (b) of
Section 2 of this Act. | 17 | | (Source: P.A. 102-538, eff. 8-20-21; 102-813, eff. 5-13-22; | 18 | | 102-1116, eff. 1-10-23.) | 19 | | (Text of Section after amendment by P.A. 102-237 ) | 20 | | Sec. 3. (a) Except as provided in Section 3a, no person may | 21 | | knowingly
transfer, or cause to be transferred, any firearm, | 22 | | firearm ammunition, prepackaged explosive components, stun | 23 | | gun, or taser to any person within this State unless the
| 24 | | transferee with whom he deals displays either: (1) a currently | 25 | | valid Firearm Owner's
Identification Card which has previously |
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| 1 | | been issued in his or her name by the
Illinois State Police | 2 | | under the provisions of this Act; or (2) a currently valid | 3 | | license to carry a concealed firearm which has previously been | 4 | | issued in his or her name by the
Illinois State Police under | 5 | | the Firearm Concealed Carry Act. In addition,
all firearm, | 6 | | stun gun, and taser transfers by federally licensed firearm | 7 | | dealers are subject
to Section 3.1. | 8 | | (a-5) Any person who is not a federally licensed firearm | 9 | | dealer and who desires to transfer or sell a firearm while that | 10 | | person is on the grounds of a gun show must, before selling or | 11 | | transferring the firearm, request the Illinois State Police to | 12 | | conduct a background check on the prospective recipient of the | 13 | | firearm in accordance with Section 3.1.
| 14 | | (a-10) Notwithstanding item (2) of subsection (a) of this | 15 | | Section, any person who is not a federally licensed firearm | 16 | | dealer and who desires to transfer or sell a firearm or | 17 | | firearms to any person who is not a federally licensed firearm | 18 | | dealer shall, before selling or transferring the firearms, | 19 | | contact a federal firearm license dealer under paragraph (1) | 20 | | of subsection (a-15) of this Section to conduct the transfer | 21 | | or the Illinois State Police with the transferee's or | 22 | | purchaser's Firearm Owner's Identification Card number to | 23 | | determine the validity of the transferee's or purchaser's | 24 | | Firearm Owner's Identification Card under State and federal | 25 | | law, including the National Instant Criminal Background Check | 26 | | System. This subsection shall not be effective until July 1, |
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| 1 | | 2023. Until that date the transferor shall contact the | 2 | | Illinois State Police with the transferee's or purchaser's | 3 | | Firearm Owner's Identification Card number to determine the | 4 | | validity of the card. The Illinois State Police may adopt | 5 | | rules concerning the implementation of this subsection. The | 6 | | Illinois State Police shall provide the seller or transferor | 7 | | an approval number if the purchaser's Firearm Owner's | 8 | | Identification Card is valid. Approvals issued by the Illinois | 9 | | State Police for the purchase of a firearm pursuant to this | 10 | | subsection are valid for 30 days from the date of issue. | 11 | | (a-15) The provisions of subsection (a-10) of this Section | 12 | | do not apply to: | 13 | | (1) transfers that occur at the place of business of a | 14 | | federally licensed firearm dealer, if the federally | 15 | | licensed firearm dealer conducts a background check on the | 16 | | prospective recipient of the firearm in accordance with | 17 | | Section 3.1 of this Act and follows all other applicable | 18 | | federal, State, and local laws as if he or she were the | 19 | | seller or transferor of the firearm, although the dealer | 20 | | is not required to accept the firearm into his or her | 21 | | inventory. The purchaser or transferee may be required by | 22 | | the federally licensed firearm dealer to pay a fee not to | 23 | | exceed $25 per firearm, which the dealer may retain as | 24 | | compensation for performing the functions required under | 25 | | this paragraph, plus the applicable fees authorized by | 26 | | Section 3.1; |
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| 1 | | (2) transfers as a bona fide gift to the transferor's | 2 | | husband, wife, son, daughter, stepson, stepdaughter, | 3 | | father, mother, stepfather, stepmother, brother, sister, | 4 | | nephew, niece, uncle, aunt, grandfather, grandmother, | 5 | | grandson, granddaughter, father-in-law, mother-in-law, | 6 | | son-in-law, or daughter-in-law; | 7 | | (3) transfers by persons acting pursuant to operation | 8 | | of law or a court order; | 9 | | (4) transfers on the grounds of a gun show under | 10 | | subsection (a-5) of this Section; | 11 | | (5) the delivery of a firearm by its owner to a | 12 | | gunsmith for service or repair, the return of the firearm | 13 | | to its owner by the gunsmith, or the delivery of a firearm | 14 | | by a gunsmith to a federally licensed firearms dealer for | 15 | | service or repair and the return of the firearm to the | 16 | | gunsmith; | 17 | | (6) temporary transfers that occur while in the home | 18 | | of the unlicensed transferee, if the unlicensed transferee | 19 | | is not otherwise prohibited from possessing firearms and | 20 | | the unlicensed transferee reasonably believes that | 21 | | possession of the firearm is necessary to prevent imminent | 22 | | death or great bodily harm to the unlicensed transferee; | 23 | | (7) transfers to a law enforcement or corrections | 24 | | agency or a law enforcement or corrections officer acting | 25 | | within the course and scope of his or her official duties; | 26 | | (8) transfers of firearms that have been rendered |
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| 1 | | permanently inoperable to a nonprofit historical society, | 2 | | museum, or institutional collection; and | 3 | | (9) transfers to a person who is exempt from the | 4 | | requirement of possessing a Firearm Owner's Identification | 5 | | Card under Section 2 of this Act. | 6 | | (a-20) The Illinois State Police shall develop an | 7 | | Internet-based system for individuals to determine the | 8 | | validity of a Firearm Owner's Identification Card prior to the | 9 | | sale or transfer of a firearm. The Illinois State Police shall | 10 | | have the Internet-based system updated and available for use | 11 | | by January 1, 2024. The Illinois State Police shall adopt | 12 | | rules not inconsistent with this Section to implement this | 13 | | system; but no rule shall allow the Illinois State Police to | 14 | | retain records in contravention of State and federal law. | 15 | | (a-25) On or before January 1, 2022, the Illinois State | 16 | | Police shall develop an Internet-based system upon which the | 17 | | serial numbers of firearms that have been reported stolen are | 18 | | available for public access for individuals to ensure any | 19 | | firearms are not reported stolen prior to the sale or transfer | 20 | | of a firearm under this Section. The Illinois State Police | 21 | | shall have the Internet-based system completed and available | 22 | | for use by July 1, 2022. The Illinois State Police shall adopt | 23 | | rules not inconsistent with this Section to implement this | 24 | | system. | 25 | | (b) Any person within this State who transfers or causes | 26 | | to be
transferred any firearm, prepackaged explosive |
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| 1 | | components, stun gun, or taser shall keep a record of such | 2 | | transfer for a period
of 10 years from the date of transfer. | 3 | | Any person within this State who receives any firearm, | 4 | | prepackaged explosive components, stun gun, or taser pursuant | 5 | | to subsection (a-10) shall provide a record of the transfer | 6 | | within 10 days of the transfer to a federally licensed firearm | 7 | | dealer and shall not be required to maintain a transfer | 8 | | record. The federally licensed firearm dealer shall maintain | 9 | | the transfer record for 20 years from the date of receipt. A | 10 | | federally licensed firearm dealer may charge a fee not to | 11 | | exceed $25 to retain the record. The record shall be provided | 12 | | and maintained in either an electronic or paper format. The | 13 | | federally licensed firearm dealer shall not be liable for the | 14 | | accuracy of any information in the transfer record submitted | 15 | | pursuant to this Section. Such records shall contain the date
| 16 | | of the transfer; the description, serial number or other | 17 | | information
identifying the firearm, prepackaged explosive | 18 | | components, stun gun, or taser if no serial number is | 19 | | available; and, if the
transfer was completed within this | 20 | | State, the transferee's Firearm Owner's
Identification Card | 21 | | number and any approval number or documentation provided by | 22 | | the Illinois State Police pursuant to subsection (a-10) of | 23 | | this Section; if the transfer was not completed within this | 24 | | State, the record shall contain the name and address of the | 25 | | transferee. On or after January 1, 2006, the record shall | 26 | | contain the date of application for transfer of the firearm. |
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| 1 | | On demand of a peace officer the such transferor shall produce | 2 | | for inspection the such record of transfer. For any transfer | 3 | | pursuant to subsection (a-10) of this Section, on the demand | 4 | | of a peace officer, the such transferee shall identify the | 5 | | federally licensed firearm dealer maintaining the transfer | 6 | | record. If the transfer or sale took place at a gun show, the | 7 | | record shall include the unique identification number. Failure | 8 | | to record the unique identification number or approval number | 9 | | is a petty offense.
For transfers of a firearm, stun gun, or | 10 | | taser made on or after January 18, 2019 (the effective date of | 11 | | Public Act 100-1178), failure by the private seller to | 12 | | maintain the transfer records in accordance with this Section, | 13 | | or failure by a transferee pursuant to subsection a-10 of this | 14 | | Section to identify the federally licensed firearm dealer | 15 | | maintaining the transfer record, is a Class A misdemeanor for | 16 | | the first offense and a Class 4 felony for a second or | 17 | | subsequent offense occurring within 10 years of the first | 18 | | offense and the second offense was committed after conviction | 19 | | of the first offense. Whenever any person who has not | 20 | | previously been convicted of any violation of subsection | 21 | | (a-5), the court may grant supervision pursuant to and | 22 | | consistent with the limitations of Section 5-6-1 of the | 23 | | Unified Code of Corrections. A transferee or transferor shall | 24 | | not be criminally liable under this Section provided that he | 25 | | or she provides the Illinois State Police with the transfer | 26 | | records in accordance with procedures established by the |
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| 1 | | Illinois State Police. The Illinois State Police shall | 2 | | establish, by rule, a standard form on its website. | 3 | | (b-5) Any resident may purchase ammunition from a person | 4 | | within or outside of Illinois if shipment is by United States | 5 | | mail or by a private express carrier authorized by federal law | 6 | | to ship ammunition. Any resident purchasing ammunition within | 7 | | or outside the State of Illinois must provide the seller with a | 8 | | copy of his or her valid Firearm Owner's Identification Card | 9 | | or valid concealed carry license and either his or her | 10 | | Illinois driver's license or Illinois State Identification | 11 | | Card prior to the shipment of the ammunition. The ammunition | 12 | | may be shipped only to an address on either of those 2 | 13 | | documents. | 14 | | (c) The provisions of this Section regarding the transfer | 15 | | of firearm
ammunition shall not apply to those persons | 16 | | specified in paragraph (b) of
Section 2 of this Act. | 17 | | (Source: P.A. 102-237, eff. 1-1-24; 102-538, eff. 8-20-21; | 18 | | 102-813, eff. 5-13-22; 102-1116, eff. 1-10-23.) | 19 | | Section 10. The Criminal Code of 2012 is amended by adding | 20 | | Section 24-4.3 as follows: | 21 | | (720 ILCS 5/24-4.3 new) | 22 | | Sec. 24-4.3. Unlawful sale or delivery of prepackaged | 23 | | explosive components. | 24 | | (a) A person commits unlawful sale or delivery of |
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| 1 | | prepackaged explosive components when he or she knowingly does | 2 | | any of the following: | 3 | | (1) Sells or gives prepackaged explosive components to | 4 | | a person who is disqualified under the Firearm Owners | 5 | | Identification Card Act. | 6 | | (2) Sells or transfers prepackaged explosive | 7 | | components to a person who does not display to the seller | 8 | | or transferor of the prepackaged explosive components a | 9 | | currently valid Firearm Owner's Identification Card that | 10 | | has previously been issued in the transferee's name by the | 11 | | Department of State Police under the Firearm Owners | 12 | | Identification Card Act. This paragraph (2) does not apply | 13 | | to the transfer of prepackaged explosive components to a | 14 | | person who is exempt from the requirement of possessing a | 15 | | Firearm Owner's Identification Card under Section 2 of the | 16 | | Firearm Owners Identification Card Act. For the purposes | 17 | | of this Section, a currently valid Firearm Owner's | 18 | | Identification Card means a Firearm Owner's Identification | 19 | | Card that has not expired. | 20 | | (3) Sells or gives prepackaged explosive components | 21 | | while engaged in the business of selling prepackaged | 22 | | explosive components at wholesale or retail without being | 23 | | licensed as a federal firearms dealer under Section 923 of | 24 | | the federal Gun Control Act of 1968 (18 U.S.C. 923). In | 25 | | this paragraph (3), a person "engaged in the business" | 26 | | means a person who devotes time, attention, and labor to |
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| 1 | | engaging in the activity as a regular course of trade or | 2 | | business with the principal objective of livelihood and | 3 | | profit. | 4 | | (b) For the purposes of this Section, "prepackaged | 5 | | explosive components" means a prepackaged product containing 2 | 6 | | or more unmixed, commercially manufactured chemical substances | 7 | | that are not independently classified as explosives but which, | 8 | | when mixed or combined, results in an explosive material | 9 | | subject to regulation by the federal Bureau of Alcohol, | 10 | | Tobacco, Firearms, and Explosives under Title 27 CFR Part 555. | 11 | | (c) All sellers or transferors who have complied with the | 12 | | requirements of this Section shall not be liable for damages | 13 | | in any civil action arising from the use or misuse by the | 14 | | transferee of the prepackaged explosive components | 15 | | transferred, except for willful or wanton misconduct on the | 16 | | part of the seller or transferor. | 17 | | (d) Sentence. Any person who is convicted of unlawful sale | 18 | | or delivery of prepackaged explosive components commits a | 19 | | Class 4 felony.
| 20 | | Section 95. No acceleration or delay. Where this Act makes | 21 | | changes in a statute that is represented in this Act by text | 22 | | that is not yet or no longer in effect (for example, a Section | 23 | | represented by multiple versions), the use of that text does | 24 | | not accelerate or delay the taking effect of (i) the changes | 25 | | made by this Act or (ii) provisions derived from any other |
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| 1 | | Public Act.
| 2 | | Section 99. Effective date. This Act takes effect July 1, | 3 | | 2023.
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