Full Text of SB0056 94th General Assembly
SB0056sam001 94TH GENERAL ASSEMBLY
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Sen. Peter J. Roskam
Filed: 3/11/2005
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| AMENDMENT TO SENATE BILL 56
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| AMENDMENT NO. ______. Amend Senate Bill 56 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 Sections 1.1, 3, 3.1, 3a, and 5 as follows:
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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 | 9 |
| authority, with
intent
to deceive. | 10 |
| "Federally licensed firearm dealer" means a person who is | 11 |
| licensed as a federal firearms dealer under Section 923 of the | 12 |
| federal Gun Control Act of 1968 (18 U.S.C. 923).
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| "Firearm" means any device, by
whatever name known, which | 14 |
| is designed to expel a projectile or projectiles
by the action | 15 |
| 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 | 18 |
| B-B gun which
either expels a single globular projectile | 19 |
| not exceeding .18 inch in
diameter and which has a maximum | 20 |
| muzzle velocity of less than 700 feet
per second or | 21 |
| breakable paint balls containing washable marking colors;
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| (2) any device used exclusively for signalling or | 23 |
| safety and required or
recommended by the United States | 24 |
| Coast Guard or the Interstate Commerce
Commission;
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| (3) any device used exclusively for the firing of stud | 2 |
| cartridges,
explosive rivets or similar industrial | 3 |
| ammunition; and
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| (4) an antique firearm (other than a machine-gun) | 5 |
| which, although
designed as a weapon, the Department of | 6 |
| State Police finds by reason of
the date of its | 7 |
| manufacture, value, design, and other characteristics is
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| primarily a collector's item and is not likely to be used | 9 |
| as a weapon.
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| "Firearm ammunition" means any self-contained cartridge or | 11 |
| shotgun
shell, by whatever name known, which is designed to be | 12 |
| used or adaptable to
use in a firearm; excluding, however:
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| (1) any ammunition exclusively designed for use with a | 14 |
| device used
exclusively for signalling or safety and | 15 |
| required or recommended by the
United States Coast Guard or | 16 |
| the Interstate Commerce Commission; and
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| (2) any ammunition designed exclusively for use with a | 18 |
| stud or rivet
driver or other similar industrial | 19 |
| ammunition. | 20 |
| "Gun show" means an event or function: | 21 |
| (1) at which the sale and transfer of firearms is the | 22 |
| regular and normal course of business where 50 or more | 23 |
| firearms are displayed, offered, or exhibited for sale, | 24 |
| transfer, or exchange; or | 25 |
| (2) not less than 10 gun show vendors display, offer, | 26 |
| or exhibit for sale, sell, transfer, or exchange firearms.
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| "Gun show" includes the entire premises provided for an | 28 |
| event or function, including parking areas for the event or | 29 |
| function, that is sponsored to facilitate the purchase, sale, | 30 |
| transfer, or exchange of firearms as described in this Section.
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| "Gun show" does not include training or safety classes, | 32 |
| competitive shooting events, such as rifle, shotgun, or handgun | 33 |
| matches, trap, skeet, or sporting clays shoots, dinners, | 34 |
| 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 |
| "Sanctioned competitive shooting event" means a shooting | 10 |
| contest officially recognized by a national or state shooting | 11 |
| sport association, and includes any sight-in or practice | 12 |
| conducted in conjunction with the event.
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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 65/3) (from Ch. 38, par. 83-3)
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| Sec. 3. (a) Except as provided in Section 3a, no person may | 16 |
| knowingly
transfer, or cause to be transferred, any firearm or
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| any firearm ammunition to any person within this State unless | 18 |
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transferee with whom he deals displays a currently valid | 19 |
| Firearm Owner's
Identification Card which has previously been | 20 |
| issued in his name by the
Department of State Police under the | 21 |
| provisions of this Act. In addition,
all firearm transfers by | 22 |
| federally licensed firearm dealers are subject
to Section 3.1.
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| (a-5) Any person who is not a federally licensed firearm | 24 |
| dealer and who desires to transfer or sell a firearm while that | 25 |
| person is on the grounds of a gun show must, before selling or | 26 |
| transferring the firearm, request the Department of State | 27 |
| Police to conduct a background check on the prospective | 28 |
| recipient of the firearm in accordance with Section 3.1.
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| (b) Any person within this State who transfers or causes to | 30 |
| be
transferred any firearm shall keep a record of such transfer | 31 |
| for a period
of 10 years from the date of transfer. Such record | 32 |
| shall contain the date
of the transfer; the description, serial | 33 |
| number or other information
identifying the firearm if no |
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| serial number is available; and, if the
transfer was completed | 2 |
| within this State, the transferee's Firearm Owner's
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| Identification Card number. On demand of a peace officer such | 4 |
| transferor
shall produce for inspection such record of | 5 |
| transfer. If the transfer or sale took place at a gun show, the | 6 |
| record shall include the unique identification number. Failure | 7 |
| to record the unique identification number is a petty offense.
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| (c) The provisions of this Section regarding the transfer | 9 |
| of firearm
ammunition shall not apply to those persons | 10 |
| 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. | 14 |
| (a) The Department of State Police shall provide
a dial up | 15 |
| telephone system or utilize other existing technology which | 16 |
| shall be used by any federally licensed
firearm dealer , gun | 17 |
| show promoter, or gun show vendor who is to transfer a firearm | 18 |
| under the provisions of this
Act. The Department of State | 19 |
| Police
shall utilize existing technology which
allows the | 20 |
| caller to be charged a fee equivalent to the cost of providing
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| this service but not to exceed $2. Fees collected by the | 22 |
| Department of
State Police shall be deposited in the State | 23 |
| Police Services Fund and used
to provide the service.
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| (b) Upon receiving a request from a federally licensed | 25 |
| firearm dealer, gun show promoter, or gun show vendor, the
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| Department of State Police shall immediately approve, or within | 27 |
| the time
period established by Section 24-3 of the Criminal | 28 |
| Code of 1961 regarding
the delivery of firearms, notify the | 29 |
| inquiring dealer , gun show promoter, or gun show vendor of any | 30 |
| objection that
would disqualify the transferee from acquiring | 31 |
| or possessing a firearm. In
conducting the inquiry, the | 32 |
| Department of State Police shall initiate and
complete an | 33 |
| automated search of its criminal history record information
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| files and those of the Federal Bureau of Investigation, | 2 |
| including the
National Instant Criminal Background Check | 3 |
| System, and of the files of
the Department of Human Services | 4 |
| relating to mental health and
developmental disabilities to | 5 |
| obtain
any felony conviction or patient hospitalization | 6 |
| information which would
disqualify a person from obtaining or | 7 |
| require revocation of a currently
valid Firearm Owner's | 8 |
| Identification Card. | 9 |
| (c) If receipt of a firearm would not violate Section 24-3 | 10 |
| of the Criminal Code of 1961, federal law, or this Act the | 11 |
| Department of State Police shall: | 12 |
| (1) assign a unique identification number to the | 13 |
| transfer; | 14 |
| (2) provide the licensee, gun show promoter, or gun | 15 |
| show vendor with the number; and | 16 |
| (3) destroy all records of the system with respect to | 17 |
| the call, other than the identifying number and the date | 18 |
| the number was assigned, and all records of the system | 19 |
| relating to the person or the transfer within 90 days. | 20 |
| (d) The Department may not retain, copy, or distribute any | 21 |
| information previously collected under this Section, except | 22 |
| for any investigation of a forcible felony or a violation of | 23 |
| Section 24-3A or 24-3.1 or Article 29D of the Criminal Code of | 24 |
| 1961. Any records generated under this Section shall comply | 25 |
| with subsection (c). | 26 |
| (e) If the transfer of a firearm is denied by the | 27 |
| Department of State Police, the Department may keep the records | 28 |
| of a denial until the denial is appealed and overturned, or as | 29 |
| long as necessary for a criminal prosecution. | 30 |
| (f) Approvals issued by the Department of State Police for | 31 |
| the purchase of a firearm are valid for 30 days from the date | 32 |
| of issue.
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| (g) The Department of State Police must act as the Illinois | 34 |
| Point of Contact
for the National Instant Criminal Background |
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| Check System.
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| (h) The Department of State Police shall promulgate rules | 3 |
| not inconsistent with this Section to implement this
system.
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| (Source: P.A. 91-399, eff. 7-30-99.)
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| (430 ILCS 65/3a) (from Ch. 38, par. 83-3a)
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| Sec. 3a. (a) Any resident of Illinois who has obtained a | 7 |
| firearm
owner's identification card pursuant to this Act and | 8 |
| who is not otherwise
prohibited from obtaining, possessing or | 9 |
| using a firearm may purchase or
obtain a rifle or shotgun or | 10 |
| ammunition for a rifle or shotgun in Iowa,
Missouri, Indiana, | 11 |
| Wisconsin or Kentucky.
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| (b) Any resident of Iowa, Missouri, Indiana, Wisconsin or | 13 |
| Kentucky
or a
non-resident with a valid non-resident hunting | 14 |
| license, who
is 18 years of age or older and who is not | 15 |
| prohibited by the laws of
Illinois, the state of his domicile, | 16 |
| or the United States from obtaining,
possessing or using a | 17 |
| firearm, may purchase or obtain a rifle,
shotgun or
ammunition | 18 |
| for a rifle or shotgun in Illinois.
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| (b-5) Any non-resident who is participating in a sanctioned | 20 |
| competitive
shooting
event, who is 18 years of age or older and | 21 |
| who is not prohibited by the laws of
Illinois,
the state of his | 22 |
| or her domicile, or the United States from obtaining,
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| possessing, or using
a firearm, may purchase or obtain a | 24 |
| shotgun or shotgun ammunition in Illinois
for the
purpose of | 25 |
| participating in that event. A person may purchase or obtain a
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| shotgun or
shotgun ammunition under this subsection only at the | 27 |
| site where the sanctioned
competitive shooting event is being | 28 |
| held.
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| For purposes of this subsection, "sanctioned competitive
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| shooting event" means a shooting contest officially recognized | 31 |
| by a national or
state shooting sport association, and includes | 32 |
| any sight-in or practice
conducted in conjunction with the | 33 |
| event.
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| (c) Any transaction under this Section is subject to the | 2 |
| provisions of
the Gun Control Act of 1968 (18 U.S.C. 922 | 3 |
| (b)(3)).
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| (Source: P.A. 92-528, eff. 2-8-02.)
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| (430 ILCS 65/5) (from Ch. 38, par. 83-5)
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| Sec. 5. The Department of State Police shall either approve | 7 |
| or
deny all applications within 30 days from the date they are | 8 |
| received,
and every applicant found qualified pursuant to | 9 |
| Section 8 of this Act by
the Department shall be entitled to a | 10 |
| Firearm Owner's Identification
Card upon the payment of a $5 | 11 |
| fee. $3 of each fee derived from the
issuance of Firearm | 12 |
| Owner's Identification Cards, or renewals thereof,
shall be | 13 |
| 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 | 15 |
| Fund
General Revenue Fund
in the State Treasury and $1 of such | 16 |
| fee shall be deposited in the
Firearm Owner's Notification | 17 |
| Fund. Monies in the Firearm Owner's
Notification Fund shall be | 18 |
| used exclusively to pay for the cost of sending
notices of | 19 |
| expiration of Firearm Owner's Identification Cards under | 20 |
| Section
13.2 of this Act.
Excess monies in the Firearm Owner's | 21 |
| Notification Fund shall be used to
ensure the prompt and | 22 |
| efficient processing of applications received under
Section 4 | 23 |
| of this Act.
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| (Source: P.A. 84-1426.)
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| Section 10. The Criminal Code of 1961 is amended by adding | 26 |
| Section 24-11 as follows: | 27 |
| (720 ILCS 5/24-11 new)
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| Sec. 24-11. Home rule preemption. | 29 |
| (a) The provisions of any ordinance or resolution adopted | 30 |
| before, on, or after the effective date of this amendatory Act | 31 |
| of the 94th General Assembly by any unit of local government |
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| that imposes restrictions or limitations on the acquisition, | 2 |
| possession, transportation, storage,
purchase, sale, or other | 3 |
| dealing in firearms and ammunition, components, accessories, | 4 |
| and accoutrements of firearms in a manner other than those that | 5 |
| are imposed by Sections 24-1.1, 24-1.5, 24-3, 24-3.1, 24-3.2, | 6 |
| 24-3.4, 24-3.5 or 24-9 of this Act are invalid, except as | 7 |
| authorized by this Section, and all those existing ordinances | 8 |
| and resolutions are void. | 9 |
| (b) A unit of local government, including a home rule unit, | 10 |
| may not regulate the acquisition, possession, transportation, | 11 |
| storage, purchase, sale, or other dealing in firearms, and may | 12 |
| not regulate ammunition, components, accessories, or | 13 |
| accoutrements for firearms, except as follows: | 14 |
| (1) A unit of local government may also establish | 15 |
| zoning and security requirements for the retail sale of | 16 |
| firearms by federally licensed firearms dealers. | 17 |
| (2) This Section does not apply to any municipality | 18 |
| with a population of 2,000,000 or more inhabitants.
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| (c) This Section is limitation of home rule powers under | 20 |
| subsection (h) of Section 6 of Article VII of the Illinois | 21 |
| Constitution.
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| Section 99. Effective date. This Act takes effect upon | 23 |
| becoming law.".
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