Full Text of HB2941 94th General Assembly
HB2941ham001 94TH GENERAL ASSEMBLY
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Rep. Ron Stephens
Filed: 4/5/2005
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| AMENDMENT TO HOUSE BILL 2941
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| AMENDMENT NO. ______. Amend House Bill 2941 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Firearm Owners Identification Card Act is | 5 |
| amended by changing the title of the Act and Sections 1, 1.1, | 6 |
| 2, 3, and 3.1 as follows:
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| (430 ILCS 65/Act title)
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| An Act relating to the acquisition,
possession and transfer | 9 |
| of firearms ,
and firearm ammunition, stun guns, and tasers, to | 10 |
| provide a
penalty for the violation thereof and to make an | 11 |
| appropriation in
connection therewith.
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| (430 ILCS 65/1) (from Ch. 38, par. 83-1)
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| Sec. 1. It is hereby declared as a matter of legislative | 14 |
| determination that
in order to promote and protect the health, | 15 |
| safety and welfare of the
public, it is necessary and in the | 16 |
| public interest to provide a system of
identifying persons who | 17 |
| are not qualified to acquire or possess firearms ,
and firearm | 18 |
| ammunition , stun guns, and tasers within the State of Illinois | 19 |
| by the establishment of
a system of Firearm Owner's | 20 |
| Identification Cards, thereby establishing a
practical and | 21 |
| workable system by which law enforcement authorities will be
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| afforded an opportunity to identify those persons who are | 23 |
| prohibited by
Section 24--3.1 of the "Criminal Code of 1961", |
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| as amended, from
acquiring or possessing firearms and firearm | 2 |
| ammunition and who are prohibited by this Act from acquiring | 3 |
| stun guns and tasers .
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| (Source: Laws 1967, p. 2600.)
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| (430 ILCS 65/1.1) (from Ch. 38, par. 83-1.1)
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| Sec. 1.1. For purposes of this Act:
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| "Counterfeit" means to copy or imitate, without legal | 8 |
| authority, with
intent
to deceive.
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| "Firearm" means any device, by
whatever name known, which | 10 |
| is designed to expel a projectile or projectiles
by the action | 11 |
| 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 | 14 |
| B-B gun which
either expels a single globular projectile | 15 |
| not exceeding .18 inch in
diameter and which has a maximum | 16 |
| muzzle velocity of less than 700 feet
per second or | 17 |
| breakable paint balls containing washable marking colors;
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| (2) any device used exclusively for signalling or | 19 |
| safety and required or
recommended by the United States | 20 |
| Coast Guard or the Interstate Commerce
Commission;
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| (3) any device used exclusively for the firing of stud | 22 |
| cartridges,
explosive rivets or similar industrial | 23 |
| ammunition; and
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| (4) an antique firearm (other than a machine-gun) | 25 |
| which, although
designed as a weapon, the Department of | 26 |
| State Police finds by reason of
the date of its | 27 |
| manufacture, value, design, and other characteristics is
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| primarily a collector's item and is not likely to be used | 29 |
| as a weapon.
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| "Firearm ammunition" means any self-contained cartridge or | 31 |
| shotgun
shell, by whatever name known, which is designed to be | 32 |
| used or adaptable to
use in a firearm; excluding, however:
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| (1) any ammunition exclusively designed for use with a |
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| device used
exclusively for signalling or safety and | 2 |
| required or recommended by the
United States Coast Guard or | 3 |
| the Interstate Commerce Commission; and
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| (2) any ammunition designed exclusively for use with a | 5 |
| stud or rivet
driver or other similar industrial | 6 |
| ammunition.
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| "Stun gun or taser" has the meaning ascribed to it in | 8 |
| Section 24-1 of the Criminal Code of 1961.
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| (Source: P.A. 91-357, eff. 7-29-99; 92-414, eff. 1-1-02.)
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| (430 ILCS 65/2) (from Ch. 38, par. 83-2)
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| Sec. 2. Firearm Owner's Identification Card required; | 12 |
| exceptions.
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| (a) (1) No person may acquire or possess any firearm , stun | 14 |
| gun, or taser within this State
without having in his or | 15 |
| her possession a Firearm Owner's Identification Card
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| previously issued in his or her name by the Department of | 17 |
| State Police under
the provisions of this Act. A person | 18 |
| acquiring or possessing a stun gun or taser must present to | 19 |
| the transferor of the stun gun or taser such proof as | 20 |
| required by the Department of State Police that he or she | 21 |
| has completed a course of instruction of at least 4 hours | 22 |
| in the use of a stun gun or taser approved by the | 23 |
| Department of State Police.
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| (2) No person may acquire or possess firearm ammunition | 25 |
| within this
State without having in his or her possession a | 26 |
| Firearm Owner's Identification
Card previously issued in | 27 |
| his or her name by the Department of State Police
under the | 28 |
| provisions of this Act.
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| (b) The provisions of this Section regarding the possession | 30 |
| of firearms ,
and firearm ammunition , stun guns, and tasers do | 31 |
| not apply to:
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| (1) United States Marshals, while engaged in the | 33 |
| operation of their
official duties;
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| (2) Members of the Armed Forces of the United States or | 2 |
| the National
Guard, while engaged in the operation of their | 3 |
| official duties;
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| (3) Federal officials required to carry firearms, | 5 |
| while engaged in the
operation of their official duties;
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| (4) Members of bona fide veterans organizations which | 7 |
| receive firearms
directly from the armed forces of the | 8 |
| United States, while using the
firearms for ceremonial | 9 |
| purposes with blank ammunition;
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| (5) Nonresident hunters during hunting season, with | 11 |
| valid nonresident
hunting licenses and while in an area | 12 |
| where hunting is permitted; however,
at all other times and | 13 |
| in all other places these persons must have their
firearms | 14 |
| unloaded and enclosed in a case;
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| (6) Those hunters exempt from obtaining a hunting | 16 |
| license who are
required to submit their Firearm Owner's | 17 |
| Identification Card when hunting
on Department of Natural | 18 |
| Resources owned or managed sites;
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| (7) Nonresidents while on a firing or shooting range | 20 |
| recognized by the
Department of State Police; however, | 21 |
| these persons must at all other times
and in all other | 22 |
| places have their firearms unloaded and enclosed in a case;
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| (8) Nonresidents while at a firearm showing or display | 24 |
| recognized by
the Department of State Police; however, at | 25 |
| all other times and in all
other places these persons must | 26 |
| have their firearms unloaded and enclosed
in a case;
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| (9) Nonresidents whose firearms are unloaded and | 28 |
| enclosed in a case;
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| (10) Nonresidents who are currently licensed or | 30 |
| registered to possess a
firearm in their resident state;
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| (11) Unemancipated minors while in the custody and | 32 |
| immediate control of
their parent or legal guardian or | 33 |
| other person in loco parentis to the
minor if the parent or | 34 |
| legal guardian or other person in loco parentis to
the |
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| minor has a currently valid Firearm Owner's Identification
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| Card;
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| (12) Color guards of bona fide veterans organizations | 4 |
| or members of bona
fide American Legion bands while using | 5 |
| firearms for ceremonial purposes
with blank ammunition;
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| (13) Nonresident hunters whose state of residence does | 7 |
| not require
them to be licensed or registered to possess a | 8 |
| firearm and only during
hunting season, with valid hunting | 9 |
| licenses, while accompanied by, and
using a firearm owned | 10 |
| by, a person who possesses a valid Firearm Owner's
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| Identification Card and while in an area within a | 12 |
| commercial club licensed
under the Wildlife Code where | 13 |
| hunting is permitted and controlled, but in
no instance | 14 |
| upon sites owned or managed by the Department of Natural
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| Resources;
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| (14) Resident hunters who are properly authorized to | 17 |
| hunt and,
while accompanied by a person who possesses a | 18 |
| valid Firearm Owner's
Identification Card, hunt in an area | 19 |
| within a commercial club licensed
under the Wildlife Code | 20 |
| where hunting is permitted and controlled; and
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| (15) A person who is otherwise eligible to obtain a | 22 |
| Firearm Owner's
Identification Card under this Act and is | 23 |
| under the direct supervision of a
holder of a Firearm
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| Owner's Identification Card who is 21 years of age or older | 25 |
| while the person is
on a firing or shooting range
or is a
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| participant in a firearms safety and training course | 27 |
| recognized by a law
enforcement agency or a national, | 28 |
| statewide shooting sports organization.
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| (c) The provisions of this Section regarding the | 30 |
| acquisition and possession
of firearms ,
and firearm | 31 |
| ammunition , stun guns, and tasers do not apply to law | 32 |
| enforcement officials
of this or any other jurisdiction, while | 33 |
| engaged in the operation of their
official duties.
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| (Source: P.A. 91-694, eff. 4-13-00; 92-839, eff. 8-22-02.)
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| (430 ILCS 65/3) (from Ch. 38, par. 83-3)
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| Sec. 3. (a) Except as provided in Section 3a, no person may | 3 |
| knowingly
transfer, or cause to be transferred, any firearm ,
or
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| any firearm ammunition , stun gun, or taser to any person within | 5 |
| this State unless the
transferee with whom he deals displays a | 6 |
| currently valid Firearm Owner's
Identification Card which has | 7 |
| previously been issued in his name by the
Department of State | 8 |
| Police under the provisions of this Act. No person may | 9 |
| knowingly transfer, or cause to be transferred, any stun gun or | 10 |
| taser unless the transferee presents such proof to the | 11 |
| transferor as required by the Department of State Police that | 12 |
| the transferee has completed a course of instruction of at | 13 |
| least 4 hours in the use of a stun gun or taser approved by the | 14 |
| Department of State Police. In addition,
all firearm , stun gun, | 15 |
| and taser transfers by federally licensed firearm dealers are | 16 |
| subject
to Section 3.1.
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| (b) Any person within this State who transfers or causes to | 18 |
| be
transferred any firearm , stun gun, or taser shall keep a | 19 |
| record of such transfer for a period
of 10 years from the date | 20 |
| of transfer. Such record shall contain the date
of the | 21 |
| transfer; the description, serial number or other information
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| identifying the firearm , stun gun, or taser if no serial number | 23 |
| is available; and, if the
transfer was completed within this | 24 |
| State, the transferee's Firearm Owner's
Identification Card | 25 |
| number. On demand of a peace officer such transferor
shall | 26 |
| produce for inspection such record of transfer.
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| (c) The provisions of this Section regarding the transfer | 28 |
| of firearm
ammunition shall not apply to those persons | 29 |
| specified in paragraph (b) of
Section 2 of this Act.
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| (Source: P.A. 92-442, eff. 8-17-01.)
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| (430 ILCS 65/3.1) (from Ch. 38, par. 83-3.1)
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| Sec. 3.1. Dial up system. The Department of State Police |
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| shall provide
a dial up telephone system which shall be used by | 2 |
| any federally licensed
firearm dealer who is to transfer a | 3 |
| firearm , stun gun, or taser under the provisions of this
Act. | 4 |
| The Department of State Police shall utilize existing | 5 |
| technology which
allows the caller to be charged a fee | 6 |
| equivalent to the cost of providing
this service but not to | 7 |
| exceed $2. Fees collected by the Department of
State Police | 8 |
| shall be deposited in the State Police Services Fund and used
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| to provide the service.
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| Upon receiving a request from a federally licensed firearm | 11 |
| dealer, the
Department of State Police shall immediately | 12 |
| approve, or within the time
period established by Section 24-3 | 13 |
| of the Criminal Code of 1961 regarding
the delivery of | 14 |
| firearms, stun guns, and tasers notify the inquiring dealer of | 15 |
| any objection that
would disqualify the transferee from | 16 |
| acquiring or possessing a firearm , stun gun, or taser . In
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| conducting the inquiry, the Department of State Police shall | 18 |
| initiate and
complete an automated search of its criminal | 19 |
| history record information
files and those of the Federal | 20 |
| Bureau of Investigation, including the
National Instant | 21 |
| Criminal Background Check System, and of the files of
the | 22 |
| Department of Human Services relating to mental health and
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| developmental disabilities to obtain
any felony conviction or | 24 |
| patient hospitalization information which would
disqualify a | 25 |
| person from obtaining or require revocation of a currently
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| valid Firearm Owner's Identification Card.
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| The Department of State Police must act as the Illinois | 28 |
| Point of Contact
for the National Instant Criminal Background | 29 |
| Check System.
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| The Department of State Police shall promulgate rules to | 31 |
| implement this
system.
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| (Source: P.A. 91-399, eff. 7-30-99.)
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| Section 10. The Criminal Code of 1961 is amended by adding |
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| Article 33G as follows: | 2 |
| (720 ILCS 5/Art. 33G heading new) | 3 |
| ARTICLE 33G. COMMISSION OF OFFENSE WHILE ARMED WITH A STUN GUN | 4 |
| OR TASER | 5 |
| (720 ILCS 5/33G-5 new) | 6 |
| Sec. 33G-5. Stun gun or taser defined. In this Article, | 7 |
| "stun gun or taser" has the meaning ascribed to it in Section | 8 |
| 24-1 of this Code. | 9 |
| (720 ILCS 5/33G-10 new) | 10 |
| Sec. 33G-10. Commission of offense while armed with a stun | 11 |
| gun or taser. | 12 |
| (a) A person who commits a criminal offense while armed | 13 |
| with a stun gun or taser shall be sentenced for an offense that | 14 |
| is one class higher than the offense committed while unarmed or | 15 |
| while armed with another weapon. If the offense committed while | 16 |
| armed with a stun gun or taser is either a Class X felony or | 17 |
| first degree murder for which the death penalty is not imposed, | 18 |
| then the defendant shall be sentenced to an extended term | 19 |
| sentence for that offense. | 20 |
| (b) This Section does not apply if the elements of the | 21 |
| offense include the use of a stun gun or taser. ".
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