Full Text of SB0315 100th General Assembly
SB0315sam001 100TH GENERAL ASSEMBLY | Sen. Julie A. Morrison Filed: 3/20/2017
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| 1 | | AMENDMENT TO SENATE BILL 315
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 315 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Firearm Owners Identification Card Act is | 5 | | amended by changing Sections 1, 1.1, 2, 3, and 3.1 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, pre-packaged | 12 | | explosive components, firearm ammunition, 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 |
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| 1 | | identify those persons who are prohibited by
Section 24-3.1 of | 2 | | the Criminal Code of 2012, from
acquiring or possessing | 3 | | firearms and firearm ammunition and who are prohibited by this | 4 | | Act from acquiring stun guns and tasers.
| 5 | | (Source: P.A. 97-1150, eff. 1-25-13.)
| 6 | | (430 ILCS 65/1.1) (from Ch. 38, par. 83-1.1)
| 7 | | Sec. 1.1. For purposes of this Act:
| 8 | | "Addicted to narcotics" means a person who has been: | 9 | | (1) convicted of an offense involving the use or | 10 | | possession of cannabis, a controlled substance, or | 11 | | methamphetamine within the past year; or | 12 | | (2) determined by the Department of State Police to be | 13 | | addicted to narcotics based upon federal law or federal | 14 | | guidelines. | 15 | | "Addicted to narcotics" does not include possession or use | 16 | | of a prescribed controlled substance under the direction and | 17 | | authority of a physician or other person authorized to | 18 | | prescribe the controlled substance when the controlled | 19 | | substance is used in the prescribed manner. | 20 | | "Adjudicated as a person with a mental disability" means | 21 | | the person is the subject of a determination by a court, board, | 22 | | commission or other lawful authority that the person, as a | 23 | | result of marked subnormal intelligence, or mental illness, | 24 | | mental impairment, incompetency, condition, or disease: | 25 | | (1) presents a clear and present danger to himself, |
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| 1 | | herself, or to others; | 2 | | (2) lacks the mental capacity to manage his or her own | 3 | | affairs or is adjudicated a person with a disability as | 4 | | defined in Section 11a-2 of the Probate Act of 1975; | 5 | | (3) is not guilty in a criminal case by reason of | 6 | | insanity, mental disease or defect; | 7 | | (3.5) is guilty but mentally ill, as provided in | 8 | | Section 5-2-6 of the Unified Code of Corrections; | 9 | | (4) is incompetent to stand trial in a criminal case; | 10 | | (5) is not guilty by reason of lack of mental | 11 | | responsibility under Articles 50a and 72b of the Uniform | 12 | | Code of Military Justice, 10 U.S.C. 850a, 876b;
| 13 | | (6) is a sexually violent person under subsection (f) | 14 | | of Section 5 of the Sexually Violent Persons Commitment | 15 | | Act; | 16 | | (7) is a sexually dangerous person under the Sexually | 17 | | Dangerous Persons Act; | 18 | | (8) is unfit to stand trial under the Juvenile Court | 19 | | Act of 1987; | 20 | | (9) is not guilty by reason of insanity under the | 21 | | Juvenile Court Act of 1987; | 22 | | (10) is subject to involuntary admission as an | 23 | | inpatient as defined in Section 1-119 of the Mental Health | 24 | | and Developmental Disabilities Code; | 25 | | (11) is subject to involuntary admission as an | 26 | | outpatient as defined in Section 1-119.1 of the Mental |
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| 1 | | Health and Developmental Disabilities Code; | 2 | | (12) is subject to judicial admission as set forth in | 3 | | Section 4-500 of the Mental Health and Developmental | 4 | | Disabilities Code; or | 5 | | (13) is subject to the provisions of the Interstate | 6 | | Agreements on Sexually Dangerous Persons Act. | 7 | | "Clear and present danger" means a person who: | 8 | | (1) communicates a serious threat of physical violence | 9 | | against a reasonably identifiable victim or poses a clear | 10 | | and imminent risk of serious physical injury to himself, | 11 | | herself, or another person as determined by a physician, | 12 | | clinical psychologist, or qualified examiner; or | 13 | | (2) demonstrates threatening physical or verbal | 14 | | behavior, such as violent, suicidal, or assaultive | 15 | | threats, actions, or other behavior, as determined by a | 16 | | physician, clinical psychologist, qualified examiner, | 17 | | school administrator, or law enforcement official. | 18 | | "Clinical psychologist" has the meaning provided in | 19 | | Section 1-103 of the Mental Health and Developmental | 20 | | Disabilities Code. | 21 | | "Controlled substance" means a controlled substance or | 22 | | controlled substance analog as defined in the Illinois | 23 | | Controlled Substances Act. | 24 | | "Counterfeit" means to copy or imitate, without legal | 25 | | authority, with
intent
to deceive. | 26 | | "Federally licensed firearm dealer" means a person who is |
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| 1 | | licensed as a federal firearms dealer under Section 923 of the | 2 | | federal Gun Control Act of 1968 (18 U.S.C. 923).
| 3 | | "Firearm" means any device, by
whatever name known, which | 4 | | is designed to expel a projectile or projectiles
by the action | 5 | | of an explosion, expansion of gas or escape of gas; excluding,
| 6 | | however:
| 7 | | (1) any pneumatic gun, spring gun, paint ball gun, or | 8 | | B-B gun which
expels a single globular projectile not | 9 | | exceeding .18 inch in
diameter or which has a maximum | 10 | | muzzle velocity of less than 700 feet
per second;
| 11 | | (1.1) any pneumatic gun, spring gun, paint ball gun, or | 12 | | B-B gun which expels breakable paint balls containing | 13 | | washable marking colors; | 14 | | (2) any device used exclusively for signalling or | 15 | | safety and required or
recommended by the United States | 16 | | Coast Guard or the Interstate Commerce
Commission;
| 17 | | (3) any device used exclusively for the firing of stud | 18 | | cartridges,
explosive rivets or similar industrial | 19 | | ammunition; and
| 20 | | (4) an antique firearm (other than a machine-gun) | 21 | | which, although
designed as a weapon, the Department of | 22 | | State Police finds by reason of
the date of its | 23 | | manufacture, value, design, and other characteristics is
| 24 | | primarily a collector's item and is not likely to be used | 25 | | as a weapon.
| 26 | | "Firearm ammunition" means any self-contained cartridge or |
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| 1 | | shotgun
shell, by whatever name known, which is designed to be | 2 | | used or adaptable to
use in a firearm; excluding, however:
| 3 | | (1) any ammunition exclusively designed for use with a | 4 | | device used
exclusively for signalling or safety and | 5 | | required or recommended by the
United States Coast Guard or | 6 | | the Interstate Commerce Commission; and
| 7 | | (2) any ammunition designed exclusively for use with a | 8 | | stud or rivet
driver or other similar industrial | 9 | | ammunition. | 10 | | "Gun show" means an event or function: | 11 | | (1) at which the sale and transfer of firearms is the | 12 | | regular and normal course of business and where 50 or more | 13 | | firearms are displayed, offered, or exhibited for sale, | 14 | | transfer, or exchange; or | 15 | | (2) at which not less than 10 gun show vendors display, | 16 | | offer, or exhibit for sale, sell, transfer, or exchange | 17 | | firearms.
| 18 | | "Gun show" includes the entire premises provided for an | 19 | | event or function, including parking areas for the event or | 20 | | function, that is sponsored to facilitate the purchase, sale, | 21 | | transfer, or exchange of firearms as described in this Section.
| 22 | | Nothing in this definition shall be construed to exclude a gun | 23 | | show held in conjunction with competitive shooting events at | 24 | | the World Shooting Complex sanctioned by a national governing | 25 | | body in which the sale or transfer of firearms is authorized | 26 | | under subparagraph (5) of paragraph (g) of subsection (A) of |
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| 1 | | Section 24-3 of the Criminal Code of 2012. | 2 | | Unless otherwise expressly stated, "gun show" does not | 3 | | include training or safety classes, competitive shooting | 4 | | events, such as rifle, shotgun, or handgun matches, trap, | 5 | | skeet, or sporting clays shoots, dinners, banquets, raffles, or
| 6 | | any other event where the sale or transfer of firearms is not | 7 | | the primary course of business. | 8 | | "Gun show promoter" means a person who organizes or | 9 | | operates a gun show. | 10 | | "Gun show vendor" means a person who exhibits, sells, | 11 | | offers for sale, transfers, or exchanges any firearms at a gun | 12 | | show, regardless of whether the person arranges with a gun show | 13 | | promoter for a fixed location from which to exhibit, sell, | 14 | | offer for sale, transfer, or exchange any firearm. | 15 | | "Involuntarily admitted" has the meaning as prescribed in | 16 | | Sections 1-119 and 1-119.1 of the Mental Health and | 17 | | Developmental Disabilities Code. | 18 | | "Mental health facility" means any licensed private | 19 | | hospital or hospital affiliate, institution, or facility, or | 20 | | part thereof, and any facility, or part thereof, operated by | 21 | | the State or a political subdivision thereof which provide | 22 | | treatment of persons with mental illness and includes all | 23 | | hospitals, institutions, clinics, evaluation facilities, | 24 | | mental health centers, colleges, universities, long-term care | 25 | | facilities, and nursing homes, or parts thereof, which provide | 26 | | treatment of persons with mental illness whether or not the |
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| 1 | | primary purpose is to provide treatment of persons with mental | 2 | | illness. | 3 | | "National governing body" means a group of persons who | 4 | | adopt rules and formulate policy on behalf of a national | 5 | | firearm sporting organization. | 6 | | "Patient" means: | 7 | | (1) a person who voluntarily receives mental health | 8 | | treatment as an in-patient or resident of any public or | 9 | | private mental health facility, unless the treatment was | 10 | | solely for an alcohol abuse disorder and no other secondary | 11 | | substance abuse disorder or mental illness; or | 12 | | (2) a person who voluntarily receives mental health | 13 | | treatment as an out-patient or is provided services by a | 14 | | public or private mental health facility, and who poses a | 15 | | clear and present danger to himself, herself, or to others. | 16 | | "Person with a developmental disability" means a person | 17 | | with a disability which is attributable to any other condition | 18 | | which results in impairment similar to that caused by an | 19 | | intellectual disability and which requires services similar to | 20 | | those required by persons with intellectual disabilities. The | 21 | | disability must originate before the age of 18
years, be | 22 | | expected to continue indefinitely, and constitute a | 23 | | substantial disability. This disability results, in the | 24 | | professional opinion of a physician, clinical psychologist, or | 25 | | qualified examiner, in significant functional limitations in 3 | 26 | | or more of the following areas of major life activity: |
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| 1 | | (i) self-care; | 2 | | (ii) receptive and expressive language; | 3 | | (iii) learning; | 4 | | (iv) mobility; or | 5 | | (v) self-direction. | 6 | | "Person with an intellectual disability" means a person | 7 | | with a significantly subaverage general intellectual | 8 | | functioning which exists concurrently with impairment in | 9 | | adaptive behavior and which originates before the age of 18 | 10 | | years. | 11 | | "Physician" has the meaning as defined in Section 1-120 of | 12 | | the Mental Health and Developmental Disabilities Code. | 13 | | "Pre-packaged explosive components" has the same meaning | 14 | | ascribed to the term in Section 24-4.3 of the Criminal Code of | 15 | | 2012. | 16 | | "Qualified examiner" has the meaning provided in Section | 17 | | 1-122 of the Mental Health and Developmental Disabilities Code. | 18 | | "Sanctioned competitive shooting event" means a shooting | 19 | | contest officially recognized by a national or state shooting | 20 | | sport association, and includes any sight-in or practice | 21 | | conducted in conjunction with the event.
| 22 | | "School administrator" means the person required to report | 23 | | under the School Administrator Reporting of Mental Health Clear | 24 | | and Present Danger Determinations Law. | 25 | | "Stun gun or taser" has the meaning ascribed to it in | 26 | | Section 24-1 of the Criminal Code of 2012. |
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| 1 | | (Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15; 99-143, | 2 | | eff. 7-27-15; 99-642, eff. 7-28-16.)
| 3 | | (430 ILCS 65/2) (from Ch. 38, par. 83-2)
| 4 | | Sec. 2. Firearm Owner's Identification Card required; | 5 | | exceptions.
| 6 | | (a) (1) No person may acquire or possess any firearm, | 7 | | pre-packaged explosive components, stun gun, or taser within | 8 | | this State
without having in his or her possession a Firearm | 9 | | Owner's Identification Card
previously issued in his or her | 10 | | name by the Department of State Police under
the provisions of | 11 | | this Act.
| 12 | | (2) No person may acquire or possess firearm ammunition | 13 | | within this
State without having in his or her possession a | 14 | | Firearm Owner's Identification
Card previously issued in his or | 15 | | her name by the Department of State Police
under the provisions | 16 | | of this Act.
| 17 | | (b) The provisions of this Section regarding the possession | 18 | | of firearms, firearm ammunition, stun guns, and tasers do not | 19 | | apply to:
| 20 | | (1) United States Marshals, while engaged in the | 21 | | operation of their
official duties;
| 22 | | (2) Members of the Armed Forces of the United States or | 23 | | the National
Guard, while engaged in the operation of their | 24 | | official duties;
| 25 | | (3) Federal officials required to carry firearms, |
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| 1 | | while engaged in the
operation of their official duties;
| 2 | | (4) Members of bona fide veterans organizations which | 3 | | receive firearms
directly from the armed forces of the | 4 | | United States, while using the
firearms for ceremonial | 5 | | purposes with blank ammunition;
| 6 | | (5) Nonresident hunters during hunting season, with | 7 | | valid nonresident
hunting licenses and while in an area | 8 | | where hunting is permitted; however,
at all other times and | 9 | | in all other places these persons must have their
firearms | 10 | | unloaded and enclosed in a case;
| 11 | | (6) Those hunters exempt from obtaining a hunting | 12 | | license who are
required to submit their Firearm Owner's | 13 | | Identification Card when hunting
on Department of Natural | 14 | | Resources owned or managed sites;
| 15 | | (7) Nonresidents while on a firing or shooting range | 16 | | recognized by the
Department of State Police; however, | 17 | | these persons must at all other times
and in all other | 18 | | places have their firearms unloaded and enclosed in a case;
| 19 | | (8) Nonresidents while at a firearm showing or display | 20 | | recognized by
the Department of State Police; however, at | 21 | | all other times and in all
other places these persons must | 22 | | have their firearms unloaded and enclosed
in a case;
| 23 | | (9) Nonresidents whose firearms are unloaded and | 24 | | enclosed in a case;
| 25 | | (10) Nonresidents who are currently licensed or | 26 | | registered to possess a
firearm in their resident state;
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| 1 | | (11) Unemancipated minors while in the custody and | 2 | | immediate control of
their parent or legal guardian or | 3 | | other person in loco parentis to the
minor if the parent or | 4 | | legal guardian or other person in loco parentis to
the | 5 | | minor has a currently valid Firearm Owner's Identification
| 6 | | Card;
| 7 | | (12) Color guards of bona fide veterans organizations | 8 | | or members of bona
fide American Legion bands while using | 9 | | firearms for ceremonial purposes
with blank ammunition;
| 10 | | (13) Nonresident hunters whose state of residence does | 11 | | not require
them to be licensed or registered to possess a | 12 | | firearm and only during
hunting season, with valid hunting | 13 | | licenses, while accompanied by, and
using a firearm owned | 14 | | by, a person who possesses a valid Firearm Owner's
| 15 | | Identification Card and while in an area within a | 16 | | commercial club licensed
under the Wildlife Code where | 17 | | hunting is permitted and controlled, but in
no instance | 18 | | upon sites owned or managed by the Department of Natural
| 19 | | Resources;
| 20 | | (14) Resident hunters who are properly authorized to | 21 | | hunt and,
while accompanied by a person who possesses a | 22 | | valid Firearm Owner's
Identification Card, hunt in an area | 23 | | within a commercial club licensed
under the Wildlife Code | 24 | | where hunting is permitted and controlled;
| 25 | | (15) A person who is otherwise eligible to obtain a | 26 | | Firearm Owner's
Identification Card under this Act and is |
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| 1 | | under the direct supervision of a
holder of a Firearm
| 2 | | Owner's Identification Card who is 21 years of age or older | 3 | | while the person is
on a firing or shooting range
or is a
| 4 | | participant in a firearms safety and training course | 5 | | recognized by a law
enforcement agency or a national, | 6 | | statewide shooting sports organization; and
| 7 | | (16) Competitive shooting athletes whose competition | 8 | | firearms are sanctioned by the International Olympic | 9 | | Committee, the International Paralympic Committee, the | 10 | | International Shooting Sport Federation, or USA Shooting | 11 | | in connection with such athletes' training for and | 12 | | participation in shooting competitions at the 2016 Olympic | 13 | | and Paralympic Games and sanctioned test events leading up | 14 | | to the 2016 Olympic and Paralympic Games. | 15 | | (c) The provisions of this Section regarding the | 16 | | acquisition and possession
of firearms, pre-packaged explosive | 17 | | components, firearm ammunition, stun guns, and tasers do not | 18 | | apply to law enforcement officials
of this or any other | 19 | | jurisdiction, while engaged in the performance operation of | 20 | | their
official duties.
| 21 | | (c-5) The provisions of paragraphs (1) and (2) of | 22 | | subsection (a) of this Section regarding the possession of | 23 | | firearms
and firearm ammunition do not apply to the holder of a | 24 | | valid concealed carry
license issued under the Firearm | 25 | | Concealed Carry Act who is in physical
possession of the | 26 | | concealed carry license. |
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| 1 | | (c-10) The provisions of paragraph (1) of subsection (a) of | 2 | | this Section regarding the acquisition and possession of | 3 | | pre-packaged explosive components do not apply to: | 4 | | (1) Members of the Armed Services or Reserves | 5 | | Forces of the United States or the Illinois National Guard | 6 | | while in the performance of their official duty. | 7 | | (2) Persons licensed under State and federal law to | 8 | | manufacture, import, or sell pre-packaged explosive | 9 | | components, and actually engaged in that business, but only | 10 | | with respect to activities which are within the lawful | 11 | | scope of the business, including the manufacture, | 12 | | transportation, or testing of pre-packaged explosive | 13 | | components. | 14 | | (3) Contractors or subcontractors engaged in the | 15 | | manufacture, transport, testing, delivery, transfer or | 16 | | sale, and lawful experimental activities under a contract | 17 | | or subcontract for the development and supply of the | 18 | | product to the United States government or any branch of | 19 | | the Armed Forces of the United States, when those | 20 | | activities are necessary and incident to fulfilling the | 21 | | terms of the contract. The exemption granted under this | 22 | | paragraph (3) shall also apply to any authorized agent of | 23 | | any contractor or subcontractor described in this | 24 | | paragraph (3) who is operating within the scope of his or | 25 | | her employment, when the activities involving the | 26 | | pre-packaged explosive components are necessary and |
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| 1 | | incident to fulfilling the terms of the contract. | 2 | | (4) Sales clerks or retail merchants selling or | 3 | | transferring pre-packaged explosive components. | 4 | | (d) Any person who becomes a resident of this State, who is | 5 | | not otherwise prohibited from obtaining, possessing, or using a | 6 | | firearm or firearm ammunition, shall not be required to have a | 7 | | Firearm Owner's Identification Card to possess firearms or | 8 | | firearms ammunition until 60 calendar days after he or she | 9 | | obtains an Illinois driver's license or Illinois | 10 | | Identification Card. | 11 | | (Source: P.A. 99-29, eff. 7-10-15.)
| 12 | | (430 ILCS 65/3) (from Ch. 38, par. 83-3) | 13 | | Sec. 3. (a) Except as provided in Section 3a, no person may | 14 | | knowingly
transfer, or cause to be transferred, any firearm, | 15 | | pre-packaged explosive components, firearm ammunition, stun | 16 | | gun, or taser to any person within this State unless the
| 17 | | transferee with whom he deals displays either: (1) a currently | 18 | | valid Firearm Owner's
Identification Card which has previously | 19 | | been issued in his or her name by the
Department of State | 20 | | Police under the provisions of this Act; or (2) a currently | 21 | | valid license to carry a concealed firearm which has previously | 22 | | been issued in his or her name by the
Department of State | 23 | | Police under the Firearm Concealed Carry Act. In addition,
all | 24 | | firearm, pre-packaged explosive components, stun gun, and | 25 | | taser transfers by federally licensed firearm dealers are |
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| 1 | | subject
to Section 3.1. | 2 | | (a-5) Any person who is not a federally licensed firearm | 3 | | dealer and who desires to transfer or sell a firearm while that | 4 | | person is on the grounds of a gun show must, before selling or | 5 | | transferring the firearm, request the Department of State | 6 | | Police to conduct a background check on the prospective | 7 | | recipient of the firearm in accordance with Section 3.1.
| 8 | | (a-10) Notwithstanding item (2) of subsection (a) of this | 9 | | Section, any person who is not a federally licensed firearm | 10 | | dealer and who desires to transfer or sell a firearm or | 11 | | firearms to any person who is not a federally licensed firearm | 12 | | dealer shall, before selling or transferring the firearms, | 13 | | contact the Department of State Police with the transferee's or | 14 | | purchaser's Firearm Owner's Identification Card number to | 15 | | determine the validity of the transferee's or purchaser's | 16 | | Firearm Owner's Identification Card. This subsection shall not | 17 | | be effective until January 1, 2014. The Department of State | 18 | | Police may adopt rules concerning the implementation of this | 19 | | subsection. The Department of State Police shall provide the | 20 | | seller or transferor an approval number if the purchaser's | 21 | | Firearm Owner's Identification Card is valid. Approvals issued | 22 | | by the Department for the purchase of a firearm pursuant to | 23 | | this subsection are valid for 30 days from the date of issue. | 24 | | (a-15) The provisions of subsection (a-10) of this Section | 25 | | do not apply to: | 26 | | (1) transfers that occur at the place of business of a |
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| 1 | | federally licensed firearm dealer, if the federally | 2 | | licensed firearm dealer conducts a background check on the | 3 | | prospective recipient of the firearm in accordance with | 4 | | Section 3.1 of this Act and follows all other applicable | 5 | | federal, State, and local laws as if he or she were the | 6 | | seller or transferor of the firearm, although the dealer is | 7 | | not required to accept the firearm into his or her | 8 | | inventory. The purchaser or transferee may be required by | 9 | | the federally licensed firearm dealer to pay a fee not to | 10 | | exceed $10 per firearm, which the dealer may retain as | 11 | | compensation for performing the functions required under | 12 | | this paragraph, plus the applicable fees authorized by | 13 | | Section 3.1; | 14 | | (2) transfers as a bona fide gift to the transferor's | 15 | | husband, wife, son, daughter, stepson, stepdaughter, | 16 | | father, mother, stepfather, stepmother, brother, sister, | 17 | | nephew, niece, uncle, aunt, grandfather, grandmother, | 18 | | grandson, granddaughter, father-in-law, mother-in-law, | 19 | | son-in-law, or daughter-in-law; | 20 | | (3) transfers by persons acting pursuant to operation | 21 | | of law or a court order; | 22 | | (4) transfers on the grounds of a gun show under | 23 | | subsection (a-5) of this Section; | 24 | | (5) the delivery of a firearm by its owner to a | 25 | | gunsmith for service or repair, the return of the firearm | 26 | | to its owner by the gunsmith, or the delivery of a firearm |
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| 1 | | by a gunsmith to a federally licensed firearms dealer for | 2 | | service or repair and the return of the firearm to the | 3 | | gunsmith; | 4 | | (6) temporary transfers that occur while in the home of | 5 | | the unlicensed transferee, if the unlicensed transferee is | 6 | | not otherwise prohibited from possessing firearms and the | 7 | | unlicensed transferee reasonably believes that possession | 8 | | of the firearm is necessary to prevent imminent death or | 9 | | great bodily harm to the unlicensed transferee; | 10 | | (7) transfers to a law enforcement or corrections | 11 | | agency or a law enforcement or corrections officer acting | 12 | | within the course and scope of his or her official duties; | 13 | | (8) transfers of firearms that have been rendered | 14 | | permanently inoperable to a nonprofit historical society, | 15 | | museum, or institutional collection; and | 16 | | (9) transfers to a person who is exempt from the | 17 | | requirement of possessing a Firearm Owner's Identification | 18 | | Card under Section 2 of this Act. | 19 | | (a-20) The Department of State Police shall develop an | 20 | | Internet-based system for individuals to determine the | 21 | | validity of a Firearm Owner's Identification Card prior to the | 22 | | sale or transfer of a firearm. The Department shall have the | 23 | | Internet-based system completed and available for use by July | 24 | | 1, 2015. The Department shall adopt rules not inconsistent with | 25 | | this Section to implement this system. | 26 | | (b) Any person within this State who transfers or causes to |
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| 1 | | be
transferred any firearm, pre-packaged explosive components, | 2 | | stun gun, or taser shall keep a record of the such transfer for | 3 | | a period
of 10 years from the date of transfer. The Such record | 4 | | shall contain the date
of the transfer; the description, serial | 5 | | number or other information
identifying the firearm, | 6 | | pre-packaged explosive components, stun gun, or taser if no | 7 | | serial number is available; and, if the
transfer was completed | 8 | | within this State, the transferee's Firearm Owner's
| 9 | | Identification Card number and any approval number or | 10 | | documentation provided by the Department of State Police under | 11 | | pursuant to subsection (a-10) of this Section. On or after | 12 | | January 1, 2006, the record shall contain the date of | 13 | | application for transfer of the firearm. On demand of a peace | 14 | | officer the such transferor
shall produce for inspection the | 15 | | such record of transfer. If the transfer or sale took place at | 16 | | a gun show, the record shall include the unique identification | 17 | | number. Failure to record the unique identification number or | 18 | | approval number is a petty offense.
| 19 | | (b-5) Any resident may purchase ammunition from a person | 20 | | within or outside of Illinois if shipment is by United States | 21 | | mail or by a private express carrier authorized by federal law | 22 | | to ship ammunition. Any resident purchasing ammunition within | 23 | | or outside the State of Illinois must provide the seller with a | 24 | | copy of his or her valid Firearm Owner's Identification Card or | 25 | | valid concealed carry license and either his or her Illinois | 26 | | driver's license or Illinois State Identification Card prior to |
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| 1 | | the shipment of the ammunition. The ammunition may be shipped | 2 | | only to an address on either of those 2 documents. | 3 | | (c) The provisions of this Section regarding the transfer | 4 | | of firearm
ammunition shall not apply to those persons | 5 | | specified in paragraph (b) of
Section 2 of this Act. | 6 | | (Source: P.A. 98-508, eff. 8-19-13; 99-29, eff. 7-10-15.)
| 7 | | (430 ILCS 65/3.1) (from Ch. 38, par. 83-3.1)
| 8 | | Sec. 3.1. Dial up system. | 9 | | (a) The Department of State Police shall provide
a dial up | 10 | | telephone system or utilize other existing technology which | 11 | | shall be used by any federally licensed
firearm dealer, gun | 12 | | show promoter, or gun show vendor who is to transfer a firearm, | 13 | | stun gun, or taser under the provisions of this
Act. The | 14 | | Department of State Police may utilize existing technology | 15 | | which
allows the caller to be charged a fee not to exceed $2. | 16 | | Fees collected by the Department of
State Police shall be | 17 | | deposited in the State Police Services Fund and used
to provide | 18 | | the service.
| 19 | | (b) Upon receiving a request from a federally licensed | 20 | | firearm dealer, gun show promoter, or gun show vendor, the
| 21 | | Department of State Police shall immediately approve, or within | 22 | | the time
period established by Section 24-3 of the Criminal | 23 | | Code of 2012 regarding
the delivery of firearms, stun guns, and | 24 | | tasers notify the inquiring dealer, gun show promoter, or gun | 25 | | show vendor of any objection that
would disqualify the |
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| 1 | | transferee from acquiring or possessing a firearm, stun gun, or | 2 | | taser. In
conducting the inquiry, the Department of State | 3 | | Police shall initiate and
complete an automated search of its | 4 | | criminal history record information
files and those of the | 5 | | Federal Bureau of Investigation, including the
National | 6 | | Instant Criminal Background Check System, and of the files of
| 7 | | the Department of Human Services relating to mental health and
| 8 | | developmental disabilities to obtain
any felony conviction or | 9 | | patient hospitalization information which would
disqualify a | 10 | | person from obtaining or require revocation of a currently
| 11 | | valid Firearm Owner's Identification Card. | 12 | | (c) If receipt of a firearm would not violate Section 24-3 | 13 | | of the Criminal Code of 2012, federal law, or this Act the | 14 | | Department of State Police shall: | 15 | | (1) assign a unique identification number to the | 16 | | transfer; and | 17 | | (2) provide the licensee, gun show promoter, or gun | 18 | | show vendor with the number. | 19 | | (d) Approvals issued by the Department of State Police for | 20 | | the purchase of a firearm are valid for 30 days from the date | 21 | | of issue.
| 22 | | (d-5) Upon receiving a request from a federally licensed | 23 | | firearm dealer, the Department of State Police shall | 24 | | immediately approve or disprove the delivery of pre-packaged | 25 | | explosive components and notify the inquiring dealer of any | 26 | | objection that would disqualify the transferee from acquiring |
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| 1 | | or possessing pre-packaged explosive components. In conducting | 2 | | the inquiry, the Department of State Police shall initiate and | 3 | | complete an automated search of its criminal history record | 4 | | information files and those of the Federal Bureau of | 5 | | Investigation, including the National Instant Criminal | 6 | | Background Check System, and of the files of the Department of | 7 | | Human Services relating to mental health and developmental | 8 | | disabilities to obtain any felony conviction or patient | 9 | | hospitalization information which would disqualify a person | 10 | | from obtaining or require revocation of a currently valid | 11 | | Firearm Owner's Identification Card. | 12 | | (d-10) If the receipt of pre-packaged explosive components | 13 | | would not violate this Act, the Department of State Police | 14 | | shall: | 15 | | (1) assign a unique identification number to the | 16 | | transfer; and | 17 | | (2) provide the licensee with the number. | 18 | | (d-15) Approvals issued by the Department of State Police | 19 | | for the purchase of a pre-packaged explosive components are | 20 | | valid for 30 days from the date of issue. | 21 | | (e) (1) The Department of State Police must act as the | 22 | | Illinois Point of Contact
for the National Instant Criminal | 23 | | Background Check System. | 24 | | (2) The Department of State Police and the Department of | 25 | | Human Services shall, in accordance with State and federal law | 26 | | regarding confidentiality, enter into a memorandum of |
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| 1 | | understanding with the Federal Bureau of Investigation for the | 2 | | purpose of implementing the National Instant Criminal | 3 | | Background Check System in the State. The Department of State | 4 | | Police shall report the name, date of birth, and physical | 5 | | description of any person prohibited from possessing a firearm | 6 | | pursuant to the Firearm Owners Identification Card Act or 18 | 7 | | U.S.C. 922(g) and (n) to the National Instant Criminal | 8 | | Background Check System Index, Denied Persons Files.
| 9 | | (3) The Department of State Police shall provide notice of | 10 | | the disqualification of a person under subsection (b) of this | 11 | | Section or the revocation of a person's Firearm Owner's | 12 | | Identification Card under Section 8 or Section 8.2 of this Act, | 13 | | and the reason for the disqualification or revocation, to all | 14 | | law enforcement agencies with jurisdiction to assist with the | 15 | | seizure of the person's Firearm Owner's Identification Card. | 16 | | (f) The Department of State Police shall adopt rules not | 17 | | inconsistent with this Section to implement this
system.
| 18 | | (Source: P.A. 98-63, eff. 7-9-13; 99-787, eff. 1-1-17 .) | 19 | | Section 10. The Criminal Code of 2012 is amended by adding | 20 | | 24-4.3 as follows: | 21 | | (720 ILCS 5/24-4.3 new) | 22 | | Sec. 24-4.3. Unlawful sale or delivery of pre-packaged | 23 | | explosive components. | 24 | | (a) A person commits unlawful sale or delivery of |
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| 1 | | pre-packaged explosive components when he or she knowingly does | 2 | | any of the following: | 3 | | (1) Sells or gives pre-packaged explosive components | 4 | | to a person who is disqualified under the Firearm Owners | 5 | | Identification Card Act. | 6 | | (2) Sells or transfers pre-packaged explosive | 7 | | components to a person who does not display to the seller | 8 | | or transferor of the pre-packaged 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 pre-packaged 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 of | 17 | | this Section, a currently valid Firearm Owner's | 18 | | Identification Card means a Firearm Owner's Identification | 19 | | Card that has not expired. An approval number issued under | 20 | | Section 3.1 of the Firearm Owners Identification Card Act | 21 | | shall be proof that the Firearm Owner's Identification Card | 22 | | was valid. | 23 | | (3) Sells or gives pre-packaged explosive components | 24 | | while engaged in the business of selling pre-packaged | 25 | | explosive components at wholesale or retail without being | 26 | | licensed as a federal firearms dealer under Section 923 of |
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| 1 | | the federal Gun Control Act of 1968 (18 U.S.C. 923). In | 2 | | this paragraph (3), a person "engaged in the business" | 3 | | means a person who devotes time, attention, and labor to | 4 | | engaging in the activity as a regular course of trade or | 5 | | business with the principal objective of livelihood and | 6 | | profit. | 7 | | (b) For the purposes of this Section, "pre-packaged | 8 | | explosive components" means a pre-packaged product containing | 9 | | 2 or more unmixed, commercially manufactured chemical | 10 | | substances that are not independently classified as explosives | 11 | | but which when mixed or combined, results in an explosive | 12 | | material subject to regulation by the federal Bureau of | 13 | | Alcohol, Tobacco, Firearms, and Explosives under Title 27 CFR | 14 | | Part 555. | 15 | | (c) All sellers or transferors who have complied with the | 16 | | requirements of this Section shall not be liable for damages in | 17 | | any civil action arising from the use or misuse by the | 18 | | transferee of the pre-packaged explosive components | 19 | | transferred, except for willful or wanton misconduct on the | 20 | | part of the seller or transferor. | 21 | | (d) Sentence. Any person who is convicted of unlawful sale | 22 | | or delivery of pre-packaged explosive components commits a | 23 | | Class 4 felony.
| 24 | | Section 99. Effective date. This Act takes effect July 1, | 25 | | 2018.".
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