Illinois General Assembly - Full Text of SB2677
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Full Text of SB2677  100th General Assembly

SB2677sam001 100TH GENERAL ASSEMBLY

Sen. Neil Anderson

Filed: 4/20/2018

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 2677

2    AMENDMENT NO. ______. Amend Senate Bill 2677 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Firearm Owners Identification Card Act is
5amended by changing Sections 2 and 3 and by adding Section 6.2
6as follows:
 
7    (430 ILCS 65/2)  (from Ch. 38, par. 83-2)
8    Sec. 2. Firearm Owner's Identification Card required;
9exceptions.
10    (a) (1) A No person shall not may acquire or possess any
11firearm, stun gun, or taser within this State without
12possessing having in his or her possession a Firearm Owner's
13Identification Card previously issued in his or her name by the
14Department of State Police under the provisions of this Act.
15    (2) A No person shall not may acquire or possess firearm
16ammunition within this State without possessing having in his

 

 

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1or her possession a Firearm Owner's Identification Card
2previously issued in his or her name by the Department of State
3Police under the provisions of this Act.
4    (b) The provisions of this Section regarding the possession
5of firearms, firearm ammunition, stun guns, and tasers do not
6apply to:
7        (1) United States Marshals, while engaged in the
8    operation of their official duties;
9        (2) Members of the Armed Forces of the United States or
10    the National Guard, while engaged in the operation of their
11    official duties;
12        (3) Federal officials required to carry firearms,
13    while engaged in the operation of their official duties;
14        (4) Members of bona fide veterans organizations which
15    receive firearms directly from the armed forces of the
16    United States, while using the firearms for ceremonial
17    purposes with blank ammunition;
18        (5) Nonresident hunters during hunting season, with
19    valid nonresident hunting licenses and while in an area
20    where hunting is permitted; however, at all other times and
21    in all other places these persons must have their firearms
22    unloaded and enclosed in a case;
23        (6) Those hunters exempt from obtaining a hunting
24    license who are required to submit their Firearm Owner's
25    Identification Card when hunting on Department of Natural
26    Resources owned or managed sites;

 

 

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1        (7) Nonresidents while on a firing or shooting range
2    recognized by the Department of State Police; however,
3    these persons must at all other times and in all other
4    places have their firearms unloaded and enclosed in a case;
5        (8) Nonresidents while at a firearm showing or display
6    recognized by the Department of State Police; however, at
7    all other times and in all other places these persons must
8    have their firearms unloaded and enclosed in a case;
9        (9) Nonresidents whose firearms are unloaded and
10    enclosed in a case;
11        (10) Nonresidents who are currently licensed or
12    registered to possess a firearm in their resident state;
13        (11) Unemancipated minors while in the custody and
14    immediate control of their parent or legal guardian or
15    other person in loco parentis to the minor if the parent or
16    legal guardian or other person in loco parentis to the
17    minor possesses has a currently valid Firearm Owner's
18    Identification Card;
19        (12) Color guards of bona fide veterans organizations
20    or members of bona fide American Legion bands while using
21    firearms for ceremonial purposes with blank ammunition;
22        (13) Nonresident hunters whose state of residence does
23    not require them to be licensed or registered to possess a
24    firearm and only during hunting season, with valid hunting
25    licenses, while accompanied by, and using a firearm owned
26    by, a person who possesses a valid Firearm Owner's

 

 

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1    Identification Card and while in an area within a
2    commercial club licensed under the Wildlife Code where
3    hunting is permitted and controlled, but in no instance
4    upon sites owned or managed by the Department of Natural
5    Resources;
6        (14) Resident hunters who are properly authorized to
7    hunt and, while accompanied by a person who possesses a
8    valid Firearm Owner's Identification Card, hunt in an area
9    within a commercial club licensed under the Wildlife Code
10    where hunting is permitted and controlled;
11        (15) A person who is otherwise eligible to obtain a
12    Firearm Owner's Identification Card under this Act and is
13    under the direct supervision of a holder of a Firearm
14    Owner's Identification Card who is 21 years of age or older
15    while the person is on a firing or shooting range or is a
16    participant in a firearms safety and training course
17    recognized by a law enforcement agency or a national,
18    statewide shooting sports organization; and
19        (16) Competitive shooting athletes whose competition
20    firearms are sanctioned by the International Olympic
21    Committee, the International Paralympic Committee, the
22    International Shooting Sport Federation, or USA Shooting
23    in connection with such athletes' training for and
24    participation in shooting competitions at the 2016 Olympic
25    and Paralympic Games and sanctioned test events leading up
26    to the 2016 Olympic and Paralympic Games.

 

 

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1    (c) The provisions of this Section regarding the
2acquisition and possession of firearms, firearm ammunition,
3stun guns, and tasers do not apply to law enforcement officials
4of this or any other jurisdiction, while engaged in the
5operation of their official duties.
6    (c-5) The provisions of paragraphs (1) and (2) of
7subsection (a) of this Section regarding the possession of
8firearms and firearm ammunition do not apply to the holder of a
9valid concealed carry license issued under the Firearm
10Concealed Carry Act who possesses a is in physical possession
11of the concealed carry license.
12    (d) Any person who becomes a resident of this State, who is
13not otherwise prohibited from obtaining, possessing, or using a
14firearm or firearm ammunition, shall not be required to have a
15Firearm Owner's Identification Card to possess firearms or
16firearms ammunition until 60 calendar days after he or she
17obtains an Illinois driver's license or Illinois
18Identification Card.
19(Source: P.A. 99-29, eff. 7-10-15.)
 
20    (430 ILCS 65/3)  (from Ch. 38, par. 83-3)
21    Sec. 3. (a) Except as provided in Section 3a, no person may
22knowingly transfer, or cause to be transferred, any firearm,
23firearm ammunition, stun gun, or taser to any person within
24this State unless the transferee with whom he or she deals
25possesses displays either: (1) a currently valid Firearm

 

 

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1Owner's Identification Card which has previously been issued in
2his or her name by the Department of State Police under the
3provisions of this Act; or (2) a currently valid license to
4carry a concealed firearm which has previously been issued in
5his or her name by the Department of State Police under the
6Firearm Concealed Carry Act. In addition, all firearm, stun
7gun, and taser transfers by federally licensed firearm dealers
8are subject to Section 3.1.
9    (a-5) Any person who is not a federally licensed firearm
10dealer and who desires to transfer or sell a firearm while that
11person is on the grounds of a gun show must, before selling or
12transferring the firearm, request the Department of State
13Police to conduct a background check on the prospective
14recipient of the firearm in accordance with Section 3.1.
15    (a-10) Notwithstanding item (2) of subsection (a) of this
16Section, any person who is not a federally licensed firearm
17dealer and who desires to transfer or sell a firearm or
18firearms to any person who is not a federally licensed firearm
19dealer shall, before selling or transferring the firearms,
20contact the Department of State Police with the transferee's or
21purchaser's Firearm Owner's Identification Card number to
22determine the validity of the transferee's or purchaser's
23Firearm Owner's Identification Card. This subsection (a-10)
24shall not be effective until January 1, 2014. The Department of
25State Police may adopt rules concerning the implementation of
26this subsection (a-10). The Department of State Police shall

 

 

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1provide the seller or transferor an approval number if the
2purchaser's Firearm Owner's Identification Card is valid.
3Approvals issued by the Department for the purchase of a
4firearm pursuant to this subsection are valid for 30 days from
5the date of issue.
6    (a-15) The provisions of subsection (a-10) of this Section
7do not apply to:
8        (1) transfers that occur at the place of business of a
9    federally licensed firearm dealer, if the federally
10    licensed firearm dealer conducts a background check on the
11    prospective recipient of the firearm in accordance with
12    Section 3.1 of this Act and follows all other applicable
13    federal, State, and local laws as if he or she were the
14    seller or transferor of the firearm, although the dealer is
15    not required to accept the firearm into his or her
16    inventory. The purchaser or transferee may be required by
17    the federally licensed firearm dealer to pay a fee not to
18    exceed $10 per firearm, which the dealer may retain as
19    compensation for performing the functions required under
20    this paragraph, plus the applicable fees authorized by
21    Section 3.1;
22        (2) transfers as a bona fide gift to the transferor's
23    husband, wife, son, daughter, stepson, stepdaughter,
24    father, mother, stepfather, stepmother, brother, sister,
25    nephew, niece, uncle, aunt, grandfather, grandmother,
26    grandson, granddaughter, father-in-law, mother-in-law,

 

 

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1    son-in-law, or daughter-in-law;
2        (3) transfers by persons acting pursuant to operation
3    of law or a court order;
4        (4) transfers on the grounds of a gun show under
5    subsection (a-5) of this Section;
6        (5) the delivery of a firearm by its owner to a
7    gunsmith for service or repair, the return of the firearm
8    to its owner by the gunsmith, or the delivery of a firearm
9    by a gunsmith to a federally licensed firearms dealer for
10    service or repair and the return of the firearm to the
11    gunsmith;
12        (6) temporary transfers that occur while in the home of
13    the unlicensed transferee, if the unlicensed transferee is
14    not otherwise prohibited from possessing firearms and the
15    unlicensed transferee reasonably believes that possession
16    of the firearm is necessary to prevent imminent death or
17    great bodily harm to the unlicensed transferee;
18        (7) transfers to a law enforcement or corrections
19    agency or a law enforcement or corrections officer acting
20    within the course and scope of his or her official duties;
21        (8) transfers of firearms that have been rendered
22    permanently inoperable to a nonprofit historical society,
23    museum, or institutional collection; and
24        (9) transfers to a person who is exempt from the
25    requirement of possessing a Firearm Owner's Identification
26    Card under Section 2 of this Act.

 

 

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1    (a-20) The Department of State Police shall develop an
2Internet-based system for individuals to determine the
3validity of a Firearm Owner's Identification Card prior to the
4sale or transfer of a firearm. The Department shall have the
5Internet-based system completed and available for use by July
61, 2015. The Department shall adopt rules not inconsistent with
7this Section to implement this system.
8    (b) Any person within this State who transfers or causes to
9be transferred any firearm, stun gun, or taser shall keep a
10record of such transfer for a period of 10 years from the date
11of transfer. Such record shall contain the date of the
12transfer; the description, serial number or other information
13identifying the firearm, stun gun, or taser if no serial number
14is available; and, if the transfer was completed within this
15State, the transferee's Firearm Owner's Identification Card
16number and any approval number or documentation provided by the
17Department of State Police pursuant to subsection (a-10) of
18this Section. On or after January 1, 2006, the record shall
19contain the date of application for transfer of the firearm. On
20demand of a peace officer such transferor shall produce for
21inspection such record of transfer. If the transfer or sale
22took place at a gun show, the record shall include the unique
23identification number. Failure to record the unique
24identification number or approval number is a petty offense.
25    (b-5) Any resident may purchase ammunition from a person
26within or outside of Illinois if shipment is by United States

 

 

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1mail or by a private express carrier authorized by federal law
2to ship ammunition. Any resident purchasing ammunition within
3or outside the State of Illinois must provide the seller with a
4copy of his or her valid Firearm Owner's Identification Card or
5valid concealed carry license and either his or her Illinois
6driver's license or Illinois State Identification Card prior to
7the shipment of the ammunition. The ammunition may be shipped
8only to an address on either of those 2 documents.
9    (c) The provisions of this Section regarding the transfer
10of firearm ammunition shall not apply to those persons
11specified in paragraph (b) of Section 2 of this Act.
12(Source: P.A. 98-508, eff. 8-19-13; 99-29, eff. 7-10-15.)
 
13    (430 ILCS 65/6.2 new)
14    Sec. 6.2. Electronic Firearm Owner's Identification Cards.
15The Department of State Police may develop a system under which
16the holder of a Firearm Owner's Identification Card may display
17an electronic version of his or her Firearm Owner's
18Identification Card on a mobile telephone or other portable
19electronic device. An electronic version of a Firearm Owner's
20Identification Card shall contain security features the
21Department determines to be necessary to ensure that the
22electronic version is accurate and current and shall satisfy
23other requirements the Department determines to be necessary
24regarding form and content. The display or possession of an
25electronic version of a valid Firearm Owner's Identification

 

 

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1Card in accordance with the requirements of the Department
2satisfies all requirements for the display or possession of a
3valid Firearm Owner's Identification Card under the laws of
4this State. The possession or display of an electronic Firearm
5Owner's Identification Card on a mobile telephone or other
6portable electronic device does not constitute consent for a
7law enforcement officer, court, or other officer of the court
8to access other contents of the mobile telephone or other
9portable electronic device. The Department may adopt rules to
10implement this Section.
 
11    Section 10. The Firearm Concealed Carry Act is amended by
12adding Section 11 as follows:
 
13    (430 ILCS 66/11 new)
14    Sec. 11. Electronic concealed carry licenses. The
15Department of State Police may develop a system under which the
16holder of a concealed carry license may display an electronic
17version of his or her license on a mobile telephone or other
18portable electronic device. An electronic version of a license
19shall contain security features the Department determines to be
20necessary to ensure that the electronic version is accurate and
21current and shall satisfy other requirements the Department
22determines to be necessary regarding form and content. The
23display or possession of an electronic version of a license in
24accordance with the requirements of the Department satisfies

 

 

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1all requirements for the display or possession of a valid
2license under the laws of this State. The possession or display
3of an electronic license on a mobile telephone or other
4portable electronic device does not constitute consent for a
5law enforcement officer, court, or other officer of the court
6to access other contents of the mobile telephone or other
7portable electronic device. The Department may adopt rules to
8implement this Section.".