Full Text of HB0096 101st General Assembly
HB0096ham001 101ST GENERAL ASSEMBLY | Rep. Kathleen Willis Filed: 4/8/2019
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| 1 | | AMENDMENT TO HOUSE BILL 96
| 2 | | AMENDMENT NO. ______. Amend House Bill 96 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 3, 3a, 3.1, 4, 6, 7, 9.5, and 14 | 6 | | as follows: | 7 | | (430 ILCS 65/3) (from Ch. 38, par. 83-3) | 8 | | Sec. 3. (a) No Except as provided in Section 3a, no person | 9 | | may knowingly
transfer, or cause to be transferred, any | 10 | | firearm, firearm ammunition, stun gun, or taser to any person | 11 | | within this State unless the
transferee with whom he deals | 12 | | displays either: (1) a currently valid Firearm Owner's
| 13 | | Identification Card which has previously been issued in his or | 14 | | her name by the
Department of State Police under the provisions | 15 | | of this Act; or (2) a currently valid license to carry a | 16 | | concealed firearm which has previously been issued in his or |
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| 1 | | her name by the
Department of State Police under the Firearm | 2 | | Concealed Carry Act. In addition,
all firearm, stun gun, and | 3 | | taser transfers by federally licensed firearm dealers are | 4 | | subject
to Section 3.1. | 5 | | (a-5) (Blank). Any person who is not a federally licensed | 6 | | firearm dealer and who desires to transfer or sell a firearm | 7 | | while that person is on the grounds of a gun show must, before | 8 | | selling or transferring the firearm, request the Department of | 9 | | State Police to conduct a background check on the prospective | 10 | | recipient of the firearm in accordance with Section 3.1. | 11 | | (a-10) Notwithstanding item (2) of subsection (a) of this | 12 | | Section, any person who is not a federally licensed firearm | 13 | | dealer and who desires to transfer or sell a firearm or | 14 | | firearms to any person who is not a federally licensed firearm | 15 | | dealer shall do so only through a federally licensed firearms | 16 | | dealer as follows: | 17 | | (1) seller or transferor shall give the firearm to the | 18 | | federally licensed firearms dealer, who shall retain | 19 | | possession of the firearm until every legal requirement for | 20 | | the sale or transfer has been met; | 21 | | (2) federally licensed firearms dealer shall process | 22 | | the sale or other transfer in compliance with any federal, | 23 | | State, and local law, including a background check on the | 24 | | buyer or transferee in accordance with 18 U.S.C. 922(t) and | 25 | | Section 3.1; | 26 | | (A) if the transaction is not legally prohibited, |
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| 1 | | the federally licensed firearm dealer shall transfer | 2 | | the firearm to the buyer or transferee; | 3 | | (B) if the transaction is legally prohibited, the | 4 | | federally licensed firearm dealer shall conduct a | 5 | | background check under paragraph (2) of this | 6 | | subsection (a-10) on the transferee or seller before | 7 | | returning the firearm; | 8 | | (C) if the federally licensed firearm dealer | 9 | | cannot return the firearm to either party, the dealer | 10 | | shall notify a local law enforcement agency within 24 | 11 | | hours to take possession of the firearm; | 12 | | (D) if there is a delay in completing a background | 13 | | check, the federally licensed firearms dealer shall | 14 | | maintain possession of the firearm until the | 15 | | background check is completed; | 16 | | (3) federally licensed firearms dealer shall ensure | 17 | | that all required documentation of the sale or transfer are | 18 | | maintained in accordance with federal, State, and local | 19 | | law, including but not limited to, the completion of The | 20 | | Bureau of Alcohol, Tobacco, Firearms, and Explosives | 21 | | Firearm Transaction Record Form 4473 which shall be open to | 22 | | inspection during normal business hours by any local, | 23 | | State, or federal law enforcement agency; and | 24 | | (4) federally licensed firearms dealer may charge a fee | 25 | | not to exceed $10 to perform the sale or transfer under | 26 | | this Section. |
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| 1 | | This subsection shall not apply to sales or transfers by a: | 2 | | (A) law enforcement, corrections, or active duty | 3 | | military officer acting within the course of his or her | 4 | | employment or official duties; | 5 | | (B) person acting under operation of law or court | 6 | | order; | 7 | | (C) gunsmith who receives the firearm solely for the | 8 | | purpose of service or repair; | 9 | | (D) person acting on behalf of a common carrier or | 10 | | other business for purposes of transportation or storage in | 11 | | the ordinary course of his or her business; | 12 | | (E) person who is loaned a firearm while on the | 13 | | premises of a licensed shooting range for the sole purpose | 14 | | of shooting at targets, as long as the firearm is kept | 15 | | within the premises of the shooting range; | 16 | | (F) minor who is loaned a firearm for lawful hunting or | 17 | | sporting purposes while under the direct supervision of an | 18 | | adult; | 19 | | (G) person who acquires a firearm upon the death of | 20 | | another person from a will, bequest, inheritance, or as a | 21 | | bona fide gift from an immediate family member, as long as | 22 | | he or she notifies the Department of State Police under | 23 | | Section 3.1 within 60 days, at which time the Department of | 24 | | State Police shall conduct a background check on the | 25 | | person. In this paragraph, "immediate family member" means | 26 | | a spouse, domestic partner, children, step-children, |
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| 1 | | parents, or step-parents; or | 2 | | (H) person who transfers a firearm to a law enforcement | 3 | | agency as part of a voluntary, authorized law enforcement | 4 | | agency firearm buyback program. , before selling or | 5 | | transferring the firearms, contact the Department of State | 6 | | Police with the transferee's or purchaser's Firearm | 7 | | Owner's Identification Card number to determine the | 8 | | validity of the transferee's or purchaser's Firearm | 9 | | Owner's Identification Card. This subsection shall not be | 10 | | effective until January 1, 2014. The Department of State | 11 | | Police may adopt rules concerning the implementation of | 12 | | this subsection. The Department of State Police shall | 13 | | provide the seller or transferor an approval number if the | 14 | | purchaser's Firearm Owner's Identification Card is valid. | 15 | | Approvals issued by the Department for the purchase of a | 16 | | firearm pursuant to this subsection are valid for 30 days | 17 | | from the date of issue. | 18 | | (a-15) (Blank). The provisions of subsection (a-10) of this | 19 | | Section do not apply to: | 20 | | (1) transfers that occur at the place of business of a | 21 | | federally licensed firearm dealer, if the federally | 22 | | licensed firearm dealer conducts a background check on the | 23 | | prospective recipient of the firearm in accordance with | 24 | | Section 3.1 of this Act and follows all other applicable | 25 | | federal, State, and local laws as if he or she were the | 26 | | seller or transferor of the firearm, although the dealer is |
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| 1 | | not required to accept the firearm into his or her | 2 | | inventory. The purchaser or transferee may be required by | 3 | | the federally licensed firearm dealer to pay a fee not to | 4 | | exceed $10 per firearm, which the dealer may retain as | 5 | | compensation for performing the functions required under | 6 | | this paragraph, plus the applicable fees authorized by | 7 | | Section 3.1; | 8 | | (2) transfers as a bona fide gift to the transferor's | 9 | | husband, wife, son, daughter, stepson, stepdaughter, | 10 | | father, mother, stepfather, stepmother, brother, sister, | 11 | | nephew, niece, uncle, aunt, grandfather, grandmother, | 12 | | grandson, granddaughter, father-in-law, mother-in-law, | 13 | | son-in-law, or daughter-in-law; | 14 | | (3) transfers by persons acting pursuant to operation | 15 | | of law or a court order; | 16 | | (4) transfers on the grounds of a gun show under | 17 | | subsection (a-5) of this Section; | 18 | | (5) the delivery of a firearm by its owner to a | 19 | | gunsmith for service or repair, the return of the firearm | 20 | | to its owner by the gunsmith, or the delivery of a firearm | 21 | | by a gunsmith to a federally licensed firearms dealer for | 22 | | service or repair and the return of the firearm to the | 23 | | gunsmith; | 24 | | (6) temporary transfers that occur while in the home of | 25 | | the unlicensed transferee, if the unlicensed transferee is | 26 | | not otherwise prohibited from possessing firearms and the |
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| 1 | | unlicensed transferee reasonably believes that possession | 2 | | of the firearm is necessary to prevent imminent death or | 3 | | great bodily harm to the unlicensed transferee; | 4 | | (7) transfers to a law enforcement or corrections | 5 | | agency or a law enforcement or corrections officer acting | 6 | | within the course and scope of his or her official duties; | 7 | | (8) transfers of firearms that have been rendered | 8 | | permanently inoperable to a nonprofit historical society, | 9 | | museum, or institutional collection; and | 10 | | (9) transfers to a person who is exempt from the | 11 | | requirement of possessing a Firearm Owner's Identification | 12 | | Card under Section 2 of this Act. | 13 | | (a-17) Within 30 days of the effective date of this | 14 | | amendatory Act of the 101st General Assembly, the Department of | 15 | | State Police shall give notice to each Firearm Owner's | 16 | | Identification Card holder of the changes made by this | 17 | | amendatory Act of the 101st General Assembly. As soon as | 18 | | practical, the Department shall include upon the back of each | 19 | | Firearm Owner's Identification Card a statement that reflects | 20 | | the changes made by this amendatory Act of the 101st General | 21 | | Assembly. | 22 | | (a-20) (Blank). The Department of State Police shall | 23 | | develop an Internet-based system for individuals to determine | 24 | | the validity of a Firearm Owner's Identification Card prior to | 25 | | the sale or transfer of a firearm. The Department shall have | 26 | | the Internet-based system completed and available for use by |
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| 1 | | July 1, 2015. The Department shall adopt rules not inconsistent | 2 | | with this Section to implement this system. | 3 | | (b) (Blank). Any person within this State who transfers or | 4 | | causes to be
transferred any firearm, stun gun, or taser shall | 5 | | keep a record of such transfer for a period
of 10 years from | 6 | | the date of transfer. Such record shall contain the date
of the | 7 | | transfer; the description, serial number or other information
| 8 | | identifying the firearm, stun gun, or taser if no serial number | 9 | | is available; and, if the
transfer was completed within this | 10 | | State, the transferee's Firearm Owner's
Identification Card | 11 | | number and any approval number or documentation provided by the | 12 | | Department of State Police pursuant to subsection (a-10) of | 13 | | this Section; if the transfer was not completed within this | 14 | | State, the record shall contain the name and address of the | 15 | | transferee. On or after January 1, 2006, the record shall | 16 | | contain the date of application for transfer of the firearm. On | 17 | | demand of a peace officer such transferor
shall produce for | 18 | | inspection such record of transfer. If the transfer or sale | 19 | | took place at a gun show, the record shall include the unique | 20 | | identification number. Failure to record the unique | 21 | | identification number or approval number is a petty offense.
| 22 | | For transfers of a firearm, stun gun, or taser made on or after | 23 | | the effective date of this amendatory Act of the 100th General | 24 | | Assembly, failure by the private seller to maintain the | 25 | | transfer records in accordance with this Section is a Class A | 26 | | misdemeanor for the first offense and a Class 4 felony for a |
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| 1 | | second or subsequent offense. A transferee shall not be | 2 | | criminally liable under this Section provided that he or she | 3 | | provides the Department of State Police with the transfer | 4 | | records in accordance with procedures established by the | 5 | | Department. The Department shall establish, by rule, a standard | 6 | | form on its website. | 7 | | (b-5) Any resident may purchase ammunition from a person | 8 | | within or outside of Illinois if shipment is by United States | 9 | | mail or by a private express carrier authorized by federal law | 10 | | to ship ammunition. Any resident purchasing ammunition within | 11 | | or outside the State of Illinois must provide the seller with a | 12 | | copy of his or her valid Firearm Owner's Identification Card or | 13 | | valid concealed carry license and either his or her Illinois | 14 | | driver's license or Illinois State Identification Card prior to | 15 | | the shipment of the ammunition. The ammunition may be shipped | 16 | | only to an address on either of those 2 documents. | 17 | | (c) The provisions of this Section regarding the transfer | 18 | | of firearm
ammunition shall not apply to those persons | 19 | | specified in paragraph (b) of
Section 2 of this Act. | 20 | | (Source: P.A. 99-29, eff. 7-10-15; 100-1178, eff. 1-18-19.)
| 21 | | (430 ILCS 65/3a) (from Ch. 38, par. 83-3a)
| 22 | | Sec. 3a. (a) Any resident of Illinois who has obtained a | 23 | | firearm
owner's identification card pursuant to this Act and | 24 | | who is not otherwise
prohibited from obtaining, possessing or | 25 | | using a firearm may purchase or
obtain a rifle or shotgun or |
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| 1 | | ammunition for a rifle or shotgun in Iowa,
Missouri, Indiana, | 2 | | Wisconsin or Kentucky.
| 3 | | (b) Any resident of Iowa, Missouri, Indiana, Wisconsin or | 4 | | Kentucky
or a
non-resident with a valid non-resident hunting | 5 | | license, who
is 18 years of age or older and who is not | 6 | | prohibited by the laws of
Illinois, the state of his domicile, | 7 | | or the United States from obtaining,
possessing or using a | 8 | | firearm, may purchase or obtain a rifle,
shotgun or
ammunition | 9 | | for a rifle or shotgun in Illinois.
| 10 | | (b-5) Any non-resident who is participating in a sanctioned | 11 | | competitive
shooting
event, who is 18 years of age or older and | 12 | | who is not prohibited by the laws of
Illinois,
the state of his | 13 | | or her domicile, or the United States from obtaining,
| 14 | | possessing, or using
a firearm, may purchase or obtain a | 15 | | shotgun or shotgun ammunition in Illinois
for the
purpose of | 16 | | participating in that event. A person may purchase or obtain a
| 17 | | shotgun or
shotgun ammunition under this subsection only at the | 18 | | site where the sanctioned
competitive shooting event is being | 19 | | held.
| 20 | | (b-10) Any non-resident registered competitor or attendee | 21 | | of a competitive shooting
event held at the World Shooting | 22 | | Complex sanctioned by a national governing
body, who is not | 23 | | prohibited by the laws of Illinois, the state of his or her
| 24 | | domicile, or the United States from obtaining, possessing, or | 25 | | using a firearm
may purchase or obtain a rifle, shotgun, or | 26 | | other long gun or ammunition for
a rifle, shotgun, or other |
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| 1 | | long gun at the competitive shooting event. The
sanctioning | 2 | | body shall provide a list of registered competitors and | 3 | | attendees as required
under subparagraph (5) of paragraph (g) | 4 | | of subsection (A) of Section 24-3 of the Criminal Code of 2012. | 5 | | A competitor or attendee of a competitive shooting event who | 6 | | does not wish to
purchase a firearm at the event is not | 7 | | required to register or have his or her name
appear on a list | 8 | | of registered competitors and attendees provided to the | 9 | | Department of State
Police by the sanctioning body. | 10 | | (c) Any transaction under this Section is subject to the | 11 | | provisions of
Section 3 and the Gun Control Act of 1968 (18 | 12 | | U.S.C. 922 (b)(3)).
| 13 | | (Source: P.A. 99-29, eff. 7-10-15.)
| 14 | | (430 ILCS 65/3.1) (from Ch. 38, par. 83-3.1)
| 15 | | Sec. 3.1. Dial up system. | 16 | | (a) The Department of State Police shall provide
a dial up | 17 | | telephone system or utilize other existing technology which | 18 | | shall be used by any individual or entity federally licensed
| 19 | | firearm dealer, gun show promoter, or gun show vendor who is to | 20 | | transfer a firearm, stun gun, or taser under the provisions of | 21 | | this
Act. The Department of State Police may utilize existing | 22 | | technology which
allows the caller to be charged a fee not to | 23 | | exceed $2. Fees collected by the Department of
State Police | 24 | | shall be deposited in the State Police Services Fund and used
| 25 | | to provide the service.
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| 1 | | (b) Upon receiving a request from a federally licensed | 2 | | firearm dealer, gun show promoter, or gun show vendor , the
| 3 | | Department of State Police shall immediately approve, or within | 4 | | the time
period established by Section 24-3 of the Criminal | 5 | | Code of 2012 regarding
the delivery of firearms, stun guns, and | 6 | | tasers notify the inquiring dealer, gun show promoter, or gun | 7 | | show vendor of any objection that
would disqualify the | 8 | | transferee from acquiring or possessing a firearm, stun gun, or | 9 | | taser. In
conducting the inquiry, the Department of State | 10 | | Police shall initiate and
complete an automated search of its | 11 | | criminal history record information
files and those of the | 12 | | Federal Bureau of Investigation, including the
National | 13 | | Instant Criminal Background Check System, and of the files of
| 14 | | the Department of Human Services relating to mental health and
| 15 | | developmental disabilities to obtain
any prohibiting | 16 | | information felony conviction or patient hospitalization | 17 | | information which would
disqualify a person from obtaining or | 18 | | require revocation of a currently
valid Firearm Owner's | 19 | | Identification Card. | 20 | | (c) If receipt of a firearm would not violate Section 24-3 | 21 | | of the Criminal Code of 2012, federal law, or this Act the | 22 | | Department of State Police shall: | 23 | | (1) assign a unique identification number to the | 24 | | transfer; and | 25 | | (2) provide the licensee, gun show promoter, or gun | 26 | | show vendor with the number. |
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| 1 | | (d) Approvals issued by the Department of State Police for | 2 | | the purchase of a firearm are valid for 30 days from the date | 3 | | of issue.
| 4 | | (e) (1) The Department of State Police must act as the | 5 | | Illinois Point of Contact
for the National Instant Criminal | 6 | | Background Check System. | 7 | | (2) The Department of State Police and the Department of | 8 | | Human Services shall, in accordance with State and federal law | 9 | | regarding confidentiality, enter into a memorandum of | 10 | | understanding with the Federal Bureau of Investigation for the | 11 | | purpose of implementing the National Instant Criminal | 12 | | Background Check System in the State. The Department of State | 13 | | Police shall report the name, date of birth, and physical | 14 | | description of any person prohibited from possessing a firearm | 15 | | pursuant to the Firearm Owners Identification Card Act or 18 | 16 | | U.S.C. 922(g) and (n) to the National Instant Criminal | 17 | | Background Check System Index, Denied Persons Files.
| 18 | | (3) The Department of State Police shall provide notice of | 19 | | the disqualification of a person under subsection (b) of this | 20 | | Section or the revocation of a person's Firearm Owner's | 21 | | Identification Card under Section 8 or Section 8.2 of this Act, | 22 | | and the reason for the disqualification or revocation, to all | 23 | | law enforcement agencies with jurisdiction to assist with the | 24 | | seizure of the person's Firearm Owner's Identification Card. | 25 | | (f) The Department of State Police shall adopt rules not | 26 | | inconsistent with this Section to implement this
system.
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| 1 | | (Source: P.A. 98-63, eff. 7-9-13; 99-787, eff. 1-1-17 .)
| 2 | | (430 ILCS 65/4) (from Ch. 38, par. 83-4)
| 3 | | Sec. 4. (a) Each applicant for a Firearm Owner's | 4 | | Identification Card must:
| 5 | | (1) Make application in person with the Department of | 6 | | State Police on blank forms prepared and furnished at | 7 | | convenient
locations throughout the State by the | 8 | | Department of State Police, or by
electronic means, if and | 9 | | when made available by the Department of State
Police; and
| 10 | | (2) Submit evidence to the Department of State Police | 11 | | in person with the Department of State Police that:
| 12 | | (i) He or she is 21 years of age or over, or if he | 13 | | or she is under 21
years of age that he or she has the | 14 | | written consent of his or her parent or
legal guardian | 15 | | to possess and acquire firearms and firearm ammunition | 16 | | and that
he or she has never been convicted of a | 17 | | misdemeanor other than a traffic
offense or adjudged
| 18 | | delinquent, provided, however, that such parent or | 19 | | legal guardian is not an
individual prohibited from | 20 | | having a Firearm Owner's Identification Card and
files | 21 | | an affidavit with the Department as prescribed by the | 22 | | Department
stating that he or she is not an individual | 23 | | prohibited from having a Card;
| 24 | | (ii) He or she has not been convicted of a felony | 25 | | under the laws of
this or any other jurisdiction;
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| 1 | | (iii) He or she is not addicted to narcotics;
| 2 | | (iv) He or she has not been a patient in a mental | 3 | | health facility within
the past 5 years or, if he or | 4 | | she has been a patient in a mental health facility more | 5 | | than 5 years ago submit the certification required | 6 | | under subsection (u) of Section 8 of this Act;
| 7 | | (v) He or she is not a person with an intellectual | 8 | | disability;
| 9 | | (vi) He or she is not an alien who is unlawfully | 10 | | present in the
United States under the laws of the | 11 | | United States;
| 12 | | (vii) He or she is not subject to an existing order | 13 | | of protection
prohibiting him or her from possessing a | 14 | | firearm;
| 15 | | (viii) He or she has not been convicted within the | 16 | | past 5 years of
battery, assault, aggravated assault, | 17 | | violation of an order of
protection, or a substantially | 18 | | similar offense in another jurisdiction, in
which a | 19 | | firearm was used or possessed;
| 20 | | (ix) He or she has not been convicted of domestic | 21 | | battery, aggravated domestic battery, or a
| 22 | | substantially similar offense in another
jurisdiction | 23 | | committed before, on or after January 1, 2012 (the | 24 | | effective date of Public Act 97-158). If the applicant | 25 | | knowingly and intelligently waives the right to have an | 26 | | offense described in this clause (ix) tried by a jury, |
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| 1 | | and by guilty plea or otherwise, results in a | 2 | | conviction for an offense in which a domestic | 3 | | relationship is not a required element of the offense | 4 | | but in which a determination of the applicability of 18 | 5 | | U.S.C. 922(g)(9) is made under Section 112A-11.1 of the | 6 | | Code of Criminal Procedure of 1963, an entry by the | 7 | | court of a judgment of conviction for that offense | 8 | | shall be grounds for denying the issuance of a Firearm | 9 | | Owner's Identification Card under this Section;
| 10 | | (x) (Blank);
| 11 | | (xi) He or she is not an alien who has been | 12 | | admitted to the United
States under a non-immigrant | 13 | | visa (as that term is defined in Section
101(a)(26) of | 14 | | the Immigration and Nationality Act (8 U.S.C. | 15 | | 1101(a)(26))),
or that he or she is an alien who has | 16 | | been lawfully admitted to the United
States under a | 17 | | non-immigrant visa if that alien is:
| 18 | | (1) admitted to the United States for lawful | 19 | | hunting or sporting
purposes;
| 20 | | (2) an official representative of a foreign | 21 | | government who is:
| 22 | | (A) accredited to the United States | 23 | | Government or the Government's
mission to an | 24 | | international organization having its | 25 | | headquarters in the United
States; or
| 26 | | (B) en route to or from another country to |
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| 1 | | which that alien is
accredited;
| 2 | | (3) an official of a foreign government or | 3 | | distinguished foreign
visitor who has been so | 4 | | designated by the Department of State;
| 5 | | (4) a foreign law enforcement officer of a | 6 | | friendly foreign
government entering the United | 7 | | States on official business; or
| 8 | | (5) one who has received a waiver from the | 9 | | Attorney General of the
United States pursuant to | 10 | | 18 U.S.C. 922(y)(3);
| 11 | | (xii) He or she is not a minor subject to a | 12 | | petition filed
under Section 5-520 of the Juvenile | 13 | | Court Act of 1987 alleging that the
minor is a | 14 | | delinquent minor for the commission of an offense that | 15 | | if
committed by an adult would be a felony;
| 16 | | (xiii) He or she is not an adult who had been | 17 | | adjudicated a delinquent
minor under the Juvenile | 18 | | Court Act of 1987 for the commission of an offense
that | 19 | | if committed by an adult would be a felony;
| 20 | | (xiv) He or she is a resident of the State of | 21 | | Illinois; | 22 | | (xv) He or she has not been adjudicated as a person | 23 | | with a mental disability; | 24 | | (xvi) He or she has not been involuntarily admitted | 25 | | into a mental health facility; and | 26 | | (xvii) He or she is not a person with a |
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| 1 | | developmental disability; and
| 2 | | (3) Upon request by the Department of State Police, | 3 | | sign a release on a
form prescribed by the Department of | 4 | | State Police waiving any right to
confidentiality and | 5 | | requesting the disclosure to the Department of State Police
| 6 | | of limited mental health institution admission information | 7 | | from another state,
the District of Columbia, any other | 8 | | territory of the United States, or a
foreign nation | 9 | | concerning the applicant for the sole purpose of | 10 | | determining
whether the applicant is or was a patient in a | 11 | | mental health institution and
disqualified because of that | 12 | | status from receiving a Firearm Owner's
Identification | 13 | | Card. No mental health care or treatment records may be
| 14 | | requested. The information received shall be destroyed | 15 | | within one year of
receipt.
| 16 | | (a-5) Each applicant for a Firearm Owner's Identification | 17 | | Card who is over
the age of 18 shall furnish to the Department | 18 | | of State Police either his or
her Illinois driver's license | 19 | | number or Illinois Identification Card number, except as
| 20 | | provided in subsection (a-10).
| 21 | | (a-10) Each applicant for a Firearm Owner's Identification | 22 | | Card,
who is employed as a law enforcement officer, an armed | 23 | | security officer in Illinois, or by the United States Military
| 24 | | permanently assigned in Illinois and who is not an Illinois | 25 | | resident, shall furnish to
the Department of State Police his | 26 | | or her driver's license number or state
identification card |
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| 1 | | number from his or her state of residence. The Department
of | 2 | | State Police may adopt rules to enforce the provisions of this
| 3 | | subsection (a-10).
| 4 | | (a-15) If an applicant applying for a Firearm Owner's | 5 | | Identification Card moves from the residence address named in | 6 | | the application, he or she shall immediately notify in a form | 7 | | and manner prescribed by the Department of State Police of that | 8 | | change of address. | 9 | | (a-20) Each applicant for a Firearm Owner's Identification | 10 | | Card shall furnish to the Department of State Police his or her | 11 | | photograph. An applicant who is 21 years of age or older | 12 | | seeking a religious exemption to the photograph requirement | 13 | | must furnish with the application an approved copy of United | 14 | | States Department of the Treasury Internal Revenue Service Form | 15 | | 4029. In lieu of a photograph, an applicant regardless of age | 16 | | seeking a religious exemption to the photograph requirement | 17 | | shall submit fingerprints on a form and manner prescribed by | 18 | | the Department with his or her application. | 19 | | (a-25) Beginning 180 days after the effective date of this | 20 | | amendatory Act of the 101st General Assembly, each applicant | 21 | | for the issuance or renewal of a Firearm Owner's Identification | 22 | | Card shall include a full set of his or her fingerprints in | 23 | | electronic format to the Department of State Police for the | 24 | | purpose of identity verification, unless the applicant has | 25 | | previously provided a full set of his or her fingerprints to | 26 | | the Department under this Act or the Firearm Concealed Carry |
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| 1 | | Act. | 2 | | (1) The fingerprints must be transmitted through a live | 3 | | scan fingerprint vendor licensed by the Department of | 4 | | Financial and Professional Regulation or a criminal | 5 | | justice agency authorized by the Department to submit | 6 | | fingerprints under this Act or the Firearm Concealed Carry | 7 | | Act. These fingerprints shall be checked against the | 8 | | fingerprint records now and hereafter filed in the | 9 | | Department and Federal Bureau of Investigation criminal | 10 | | history records databases, including all available state | 11 | | and local criminal history record information files, | 12 | | including records of juvenile adjudications. | 13 | | (2) The Department shall charge applicants a fee for | 14 | | conducting the criminal history record check, which shall | 15 | | be deposited in the State Police Services Fund and shall | 16 | | not exceed the actual cost of the State and national | 17 | | criminal history record check. | 18 | | (b) Each application form shall include the following | 19 | | statement printed in
bold type: "Warning: Entering false | 20 | | information on an application for a Firearm
Owner's | 21 | | Identification Card is punishable as a Class 2 felony in | 22 | | accordance
with subsection (d-5) of Section 14 of the Firearm | 23 | | Owners Identification Card
Act.".
| 24 | | (c) Upon such written consent, pursuant to Section 4, | 25 | | paragraph (a)(2)(i),
the parent or legal guardian giving the | 26 | | consent shall be liable for any
damages resulting from the |
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| 1 | | applicant's use of firearms or firearm ammunition.
| 2 | | (Source: P.A. 98-63, eff. 7-9-13; 99-143, eff. 7-27-15.)
| 3 | | (430 ILCS 65/6) (from Ch. 38, par. 83-6)
| 4 | | Sec. 6. Contents of Firearm Owner's Identification Card.
| 5 | | (a) A Firearm Owner's Identification Card, issued by the | 6 | | Department of
State Police at such places as the Director of | 7 | | the
Department shall
specify, shall contain the applicant's | 8 | | name, residence, date of birth, sex,
physical description, | 9 | | recent photograph, except as provided in subsection (c-5), and | 10 | | signature. Each Firearm Owner's
Identification Card must have | 11 | | the expiration date boldly and conspicuously
displayed on the | 12 | | face of the card. Each Firearm Owner's
Identification Card must | 13 | | have printed on it the following: "CAUTION - This
card does not | 14 | | permit bearer to UNLAWFULLY carry or use firearms."
Before | 15 | | December 1, 2002,
the Department may use a person's digital | 16 | | photograph and signature from his or
her
Illinois driver's | 17 | | license or Illinois Identification Card, if available. On
and | 18 | | after December 1, 2002,
the Department shall use a person's | 19 | | digital photograph and signature from his
or her
Illinois | 20 | | driver's license or Illinois Identification Card, if | 21 | | available. The
Department shall decline to use a person's | 22 | | digital photograph or signature if
the digital photograph or | 23 | | signature is the result of or associated with
fraudulent or | 24 | | erroneous data, unless otherwise provided by law. Prior to | 25 | | issuing a Firearm Owner's Identification Card, the Department |
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| 1 | | must provide an applicant with the following statement in | 2 | | printed form: "Warning: The presence of a firearm in the home | 3 | | has been associated with an increased risk of death to self and | 4 | | others, including an increased risk of suicide, death during | 5 | | domestic violence incidents, and unintentional deaths to | 6 | | children and others."
| 7 | | (b) A person applying for a Firearm Owner's Identification | 8 | | Card shall
consent
to the Department of State Police using the | 9 | | applicant's digital driver's
license
or Illinois | 10 | | Identification Card photograph, if available, and signature on | 11 | | the
applicant's
Firearm Owner's Identification Card. The | 12 | | Secretary
of State shall allow the Department of State Police | 13 | | access to the photograph
and signature for the purpose of | 14 | | identifying the applicant and issuing to the
applicant a
| 15 | | Firearm Owner's Identification Card.
| 16 | | (c) The Secretary of State shall conduct a study to | 17 | | determine the cost
and
feasibility of creating a method of | 18 | | adding an identifiable code, background, or
other means on the | 19 | | driver's license or Illinois Identification Card to show
that
| 20 | | an individual is not disqualified from owning or possessing a | 21 | | firearm under
State or federal law. The Secretary shall report | 22 | | the findings of this study
12 months after the effective date | 23 | | of this amendatory Act of the 92nd General
Assembly.
| 24 | | (c-5) If a person qualifies for a photograph exemption, in | 25 | | lieu of a photograph, the Firearm Owner's Identification Card | 26 | | shall contain a copy of the card holder's fingerprints. Each |
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| 1 | | Firearm Owner's Identification Card described in this | 2 | | subsection (c-5) must have printed on it the following: "This | 3 | | card is only valid for firearm purchases through a federally | 4 | | licensed firearms dealer when presented with photographic | 5 | | identification, as prescribed by 18 U.S.C. 922(t)(1)(C)." | 6 | | (Source: P.A. 97-1131, eff. 1-1-13.)
| 7 | | (430 ILCS 65/7) (from Ch. 38, par. 83-7)
| 8 | | Sec. 7. Validity of Firearm Owner's Identification Card. | 9 | | (a) Except as provided in Section 8 of this Act or | 10 | | subsection (b) of this Section, a Firearm Owner's
| 11 | | Identification Card issued under the provisions of this Act | 12 | | shall be valid
for the person to whom it is issued for a period | 13 | | of 5 10 years from the date
of issuance. | 14 | | (b) If a renewal application is submitted to the Department | 15 | | before the expiration date of the applicant's current Firearm | 16 | | Owner's Identification Card, the Firearm Owner's | 17 | | Identification Card shall remain valid for a period of 60 | 18 | | business days, unless the person is subject to or becomes | 19 | | subject to revocation under this Act.
| 20 | | (Source: P.A. 100-906, eff. 1-1-19 .)
| 21 | | (430 ILCS 65/9.5) | 22 | | Sec. 9.5. Revocation of Firearm Owner's Identification
| 23 | | Card. | 24 | | (a) A person who receives a revocation notice under Section |
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| 1 | | 9 of this Act shall, within 48 hours of receiving notice of the | 2 | | revocation: | 3 | | (1) surrender his or her Firearm Owner's | 4 | | Identification Card to the local law enforcement agency | 5 | | where the person resides. The local law enforcement agency | 6 | | shall provide the person a receipt and transmit the Firearm | 7 | | Owner's Identification Card to the Department of State | 8 | | Police; and | 9 | | (2) complete a Firearm Disposition Record on a form | 10 | | prescribed by the Department of State Police and place his | 11 | | or her firearms in the location or with the person reported | 12 | | in the Firearm Disposition Record. The form shall require | 13 | | the person to disclose: | 14 | | (A) the make, model, and serial number of each | 15 | | firearm owned by or under the custody and control of | 16 | | the revoked person; | 17 | | (B) the location where each firearm will be | 18 | | maintained during the prohibited term; and | 19 | | (C) if any firearm will be transferred to the | 20 | | custody of another person, the name, address and | 21 | | Firearm Owner's Identification Card number of the | 22 | | transferee. | 23 | | (b) The local law enforcement agency shall provide a copy | 24 | | of the Firearm Disposition Record to the person whose Firearm | 25 | | Owner's Identification Card has been revoked and to the | 26 | | Department of State Police. |
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| 1 | | (c) If the person whose Firearm Owner's Identification Card | 2 | | has been revoked fails to comply with the requirements of this | 3 | | Section, the sheriff or law enforcement agency where the person | 4 | | resides shall may petition the circuit court to issue a warrant | 5 | | to search for and seize the Firearm Owner's Identification Card | 6 | | and firearms in the possession or under the custody or control | 7 | | of the person whose Firearm Owner's Identification Card has | 8 | | been revoked if the sheriff or local law enforcement agency | 9 | | believes there is probable cause to obtain such a warrant . | 10 | | (d) A violation of subsection (a) of this Section is a | 11 | | Class A misdemeanor. | 12 | | (e) The observation of a Firearm Owner's Identification | 13 | | Card in the possession of a person whose Firearm Owner's | 14 | | Identification Card has been revoked constitutes a sufficient | 15 | | basis for the arrest of that person for violation of this | 16 | | Section. | 17 | | (f) Within 30 days after the effective date of this | 18 | | amendatory Act of the 98th General Assembly, the Department of | 19 | | State Police shall provide written notice of the requirements | 20 | | of this Section to persons whose Firearm Owner's Identification | 21 | | Cards have been revoked, suspended, or expired and who have | 22 | | failed to surrender their cards to the Department. | 23 | | (g) A person whose Firearm Owner's Identification Card has | 24 | | been revoked and who received notice under subsection (f) shall | 25 | | comply with the requirements of this Section within 48 hours of | 26 | | receiving notice.
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| 1 | | (Source: P.A. 98-63, eff. 7-9-13.)
| 2 | | (430 ILCS 65/14) (from Ch. 38, par. 83-14)
| 3 | | Sec. 14. Sentence.
| 4 | | (a) Except as provided in subsection (a-5), a violation of | 5 | | paragraph (1) of subsection (a) of Section 2, when the
person's | 6 | | Firearm Owner's
Identification Card is expired but the person | 7 | | is not otherwise disqualified
from renewing the card, is a | 8 | | Class A misdemeanor.
| 9 | | (a-5) A violation of paragraph (1) of subsection (a) of | 10 | | Section 2, when the
person's Firearm Owner's
Identification | 11 | | Card is expired but the person is not otherwise disqualified
| 12 | | from owning, purchasing, or possessing firearms, is a petty | 13 | | offense if the card was expired for 6 months or less from the | 14 | | date of expiration. | 15 | | (b) Except as provided in subsection (a) with respect to an | 16 | | expired
card, a violation of paragraph (1) of subsection (a) of | 17 | | Section 2 is a
Class A misdemeanor when the person does not | 18 | | possess a currently valid Firearm
Owner's Identification Card, | 19 | | but is otherwise eligible under this Act. A
second or | 20 | | subsequent violation is a Class 4 felony.
| 21 | | (c) A violation of paragraph (1) of subsection (a) of | 22 | | Section 2 is a Class
3 felony when:
| 23 | | (1) the person's Firearm Owner's Identification Card | 24 | | is revoked or
subject to revocation under Section 8; or
| 25 | | (2) the person's Firearm Owner's Identification Card |
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| 1 | | is expired and not
otherwise eligible for renewal under | 2 | | this Act; or
| 3 | | (3) the person does not possess a currently valid | 4 | | Firearm Owner's
Identification Card, and the person is not | 5 | | otherwise eligible under this
Act.
| 6 | | (d) A violation of subsection (a) or (a-5) of Section 3 is | 7 | | a Class 4 felony.
A third or subsequent conviction is a Class 1 | 8 | | felony.
| 9 | | (d-5) Any person who knowingly enters false information on | 10 | | an application
for a Firearm Owner's Identification Card, who | 11 | | knowingly gives a false answer
to any question on the | 12 | | application, or who knowingly submits false evidence in
| 13 | | connection with an application is guilty of a Class 2 felony.
| 14 | | (e) Except as provided by Section 6.1 of this Act, any | 15 | | other
violation of this Act is a Class A misdemeanor.
| 16 | | (Source: P.A. 97-1131, eff. 1-1-13.)
| 17 | | Section 10. The Firearm Concealed Carry Act is amended by | 18 | | changing Sections 30, 35, and 50 as follows: | 19 | | (430 ILCS 66/30)
| 20 | | Sec. 30. Contents of license application. | 21 | | (a) The license application shall be in writing, under | 22 | | penalty of perjury, on a standard form adopted by the | 23 | | Department and shall be accompanied by the documentation | 24 | | required in this Section and the applicable fee. Each |
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| 1 | | application form shall include the following statement printed | 2 | | in bold type: "Warning: Entering false information on this form | 3 | | is punishable as perjury under Section 32-2 of the Criminal | 4 | | Code of 2012." | 5 | | (b) The application shall contain the following: | 6 | | (1) the applicant's name, current address, date and | 7 | | year of birth, place of birth, height, weight, hair color, | 8 | | eye color, maiden name or any other name the applicant has | 9 | | used or identified with, and any address where the | 10 | | applicant resided for more than 30 days within the 10 years | 11 | | preceding the date of the license application; | 12 | | (2) the applicant's valid driver's license number or | 13 | | valid state identification card number; | 14 | | (3) a waiver of the applicant's privacy and | 15 | | confidentiality rights and privileges under all federal | 16 | | and state laws, including those limiting access to juvenile | 17 | | court, criminal justice, psychological, or psychiatric | 18 | | records or records relating to any institutionalization of | 19 | | the applicant, and an affirmative request that a person | 20 | | having custody of any of these records provide it or | 21 | | information concerning it to the Department. The waiver | 22 | | only applies to records sought in connection with | 23 | | determining whether the applicant qualifies for a license | 24 | | to carry a concealed firearm under this Act, or whether the | 25 | | applicant remains in compliance with the Firearm Owners | 26 | | Identification Card Act; |
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| 1 | | (4) an affirmation that the applicant possesses a | 2 | | currently valid Firearm Owner's Identification Card and | 3 | | card number if possessed or notice the applicant is | 4 | | applying for a Firearm Owner's Identification Card in | 5 | | conjunction with the license application; | 6 | | (5) an affirmation that the applicant has not been | 7 | | convicted or found guilty of: | 8 | | (A) a felony; | 9 | | (B) a misdemeanor involving the use or threat of | 10 | | physical force or violence to any person within the 5 | 11 | | years preceding the date of the application; or | 12 | | (C) 2 or more violations related to driving while | 13 | | under the influence of alcohol, other drug or drugs, | 14 | | intoxicating compound or compounds, or any combination | 15 | | thereof, within the 5 years preceding the date of the | 16 | | license application; and | 17 | | (6) whether the applicant has failed a drug test for a | 18 | | drug for which the applicant did not have a prescription, | 19 | | within the previous year, and if so, the provider of the | 20 | | test, the specific substance involved, and the date of the | 21 | | test; | 22 | | (7) written consent for the Department to review and | 23 | | use the applicant's Illinois digital driver's license or | 24 | | Illinois identification card photograph and signature; | 25 | | (8) a full set of fingerprints submitted to the | 26 | | Department in electronic format for the purpose of |
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| 1 | | verification of identity in a form and manner prescribed by | 2 | | the Department, unless the applicant has previously | 3 | | provided a full set of his or her fingerprints to the | 4 | | Department under the Firearm Owners Identification Card | 5 | | Act; , provided the Department may accept an application | 6 | | submitted without a set of fingerprints in which case the | 7 | | Department shall be granted 30 days in addition to the 90 | 8 | | days provided under subsection (e) of Section 10 of this | 9 | | Act to issue or deny a license; | 10 | | (9) a head and shoulder color photograph in a size | 11 | | specified by the Department taken within the 30 days | 12 | | preceding the date of the license application; and | 13 | | (10) a photocopy of any certificates or other evidence | 14 | | of compliance with the training requirements under this | 15 | | Act.
| 16 | | (Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15.) | 17 | | (430 ILCS 66/35)
| 18 | | Sec. 35. Investigation of the applicant. | 19 | | The Department shall conduct a background check of the | 20 | | applicant to ensure compliance with the requirements of this | 21 | | Act and all federal, State, and local laws. The background | 22 | | check shall include a search of the following: | 23 | | (1) the National Instant Criminal Background Check | 24 | | System of the Federal Bureau of Investigation; | 25 | | (2) all available state and local criminal history |
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| 1 | | record information files, including records of juvenile | 2 | | adjudications; | 3 | | (3) all available federal, state, and local records | 4 | | regarding wanted persons; | 5 | | (4) all available federal, state, and local records of | 6 | | domestic violence restraining and protective orders; | 7 | | (5) the files of the Department of Human Services | 8 | | relating to mental health and developmental disabilities; | 9 | | and
| 10 | | (6) all other available records of a federal, state, or | 11 | | local agency or other public entity in any jurisdiction | 12 | | likely to contain information relevant to whether the | 13 | | applicant is prohibited from purchasing, possessing, or | 14 | | carrying a firearm under federal, state, or local law. | 15 | | Fingerprints collected under Section 30 shall be checked | 16 | | against the Department of State Police and Federal Bureau of | 17 | | Investigation criminal history record databases now and | 18 | | hereafter filed. The Department shall charge applicants a fee | 19 | | for conducting the criminal history records check, which shall | 20 | | be deposited in the State Police Services Fund and shall not | 21 | | exceed the actual cost of the records check.
| 22 | | The Department may deny an applicant if law enforcement | 23 | | determines that the applicant poses a significant danger of | 24 | | causing bodily injury to himself, herself, or another person in | 25 | | the near future by possessing a concealed firearm. If the | 26 | | applicant has been denied because the Department determines |
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| 1 | | that he or she poses a significant danger to himself, herself, | 2 | | or another person in the near future, the Department shall | 3 | | specify the basis for that determination. | 4 | | (Source: P.A. 98-63, eff. 7-9-13; 98-756, eff. 7-16-14.) | 5 | | (430 ILCS 66/50)
| 6 | | Sec. 50. License renewal. Applications for renewal of a | 7 | | license shall be made to the Department. A license shall be | 8 | | renewed for a period of 5 years upon receipt of a completed | 9 | | renewal application, completion of 3 hours of training required | 10 | | under Section 75 of this Act, payment of the applicable renewal | 11 | | fee, and completion of an investigation under Section 35 of | 12 | | this Act. The renewal application shall contain the information | 13 | | required in Section 30 of this Act, except that the applicant | 14 | | need not resubmit a full set of fingerprints if the applicant | 15 | | has previously provided a full set of his or her fingerprints | 16 | | to the Department under this Act or the Firearm Owners | 17 | | Identification Card Act .
| 18 | | (Source: P.A. 98-63, eff. 7-9-13; 98-756, eff. 7-16-14.)
| 19 | | Section 15. The Criminal Code of 2012 is amended by | 20 | | changing Section 24-3 as follows:
| 21 | | (720 ILCS 5/24-3) (from Ch. 38, par. 24-3)
| 22 | | Sec. 24-3. Unlawful sale or delivery of firearms.
| 23 | | (A) A person commits the offense of unlawful sale or |
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| 1 | | delivery of firearms when he
or she knowingly does any of the | 2 | | following:
| 3 | | (a) Sells or gives any firearm of a size which may be | 4 | | concealed upon the
person to any person under 18 years of | 5 | | age.
| 6 | | (b) Sells or gives any firearm to a person under 21 | 7 | | years of age who has
been convicted of a misdemeanor other | 8 | | than a traffic offense or adjudged
delinquent.
| 9 | | (c) Sells or gives any firearm to any narcotic addict.
| 10 | | (d) Sells or gives any firearm to any person who has | 11 | | been convicted of a
felony under the laws of this or any | 12 | | other jurisdiction.
| 13 | | (e) Sells or gives any firearm to any person who has | 14 | | been a patient in a
mental institution within the past 5 | 15 | | years. In this subsection (e): | 16 | | "Mental institution" means any hospital, | 17 | | institution, clinic, evaluation facility, mental | 18 | | health center, or part thereof, which is used primarily | 19 | | for the care or treatment of persons with mental | 20 | | illness. | 21 | | "Patient in a mental institution" means the person | 22 | | was admitted, either voluntarily or involuntarily, to | 23 | | a mental institution for mental health treatment, | 24 | | unless the treatment was voluntary and solely for an | 25 | | alcohol abuse disorder and no other secondary | 26 | | substance abuse disorder or mental illness.
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| 1 | | (f) Sells or gives any firearms to any person who is a | 2 | | person with an intellectual disability.
| 3 | | (g) Delivers any firearm, incidental to a sale, without | 4 | | withholding delivery of the firearm
for at least 72 hours | 5 | | after application for its purchase has been made, or
| 6 | | delivers a stun gun or taser, incidental to a sale,
without | 7 | | withholding delivery of the stun gun or taser for
at least | 8 | | 24 hours after application for its purchase has been made.
| 9 | | However,
this paragraph (g) does not apply to: (1) the sale | 10 | | of a firearm
to a law enforcement officer if the seller of | 11 | | the firearm knows that the person to whom he or she is | 12 | | selling the firearm is a law enforcement officer or the | 13 | | sale of a firearm to a person who desires to purchase a | 14 | | firearm for
use in promoting the public interest incident | 15 | | to his or her employment as a
bank guard, armed truck | 16 | | guard, or other similar employment; (2) a mail
order sale | 17 | | of a firearm from a federally licensed firearms dealer to a | 18 | | nonresident of Illinois under which the firearm
is mailed | 19 | | to a federally licensed firearms dealer outside the | 20 | | boundaries of Illinois; (3) (blank); (4) the sale of a
| 21 | | firearm to a dealer licensed as a federal firearms dealer | 22 | | under Section 923
of the federal Gun Control Act of 1968 | 23 | | (18 U.S.C. 923); or (5) the transfer or sale of any rifle, | 24 | | shotgun, or other long gun to a resident registered | 25 | | competitor or attendee or non-resident registered | 26 | | competitor or attendee by any dealer licensed as a federal |
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| 1 | | firearms dealer under Section 923 of the federal Gun | 2 | | Control Act of 1968 at competitive shooting events held at | 3 | | the World Shooting Complex sanctioned by a national | 4 | | governing body. For purposes of transfers or sales under | 5 | | subparagraph (5) of this paragraph (g), the Department of | 6 | | Natural Resources shall give notice to the Department of | 7 | | State Police at least 30 calendar days prior to any | 8 | | competitive shooting events at the World Shooting Complex | 9 | | sanctioned by a national governing body. The notification | 10 | | shall be made on a form prescribed by the Department of | 11 | | State Police. The sanctioning body shall provide a list of | 12 | | all registered competitors and attendees at least 24 hours | 13 | | before the events to the Department of State Police. Any | 14 | | changes to the list of registered competitors and attendees | 15 | | shall be forwarded to the Department of State Police as | 16 | | soon as practicable. The Department of State Police must | 17 | | destroy the list of registered competitors and attendees no | 18 | | later than 30 days after the date of the event. Nothing in | 19 | | this paragraph (g) relieves a federally licensed firearm | 20 | | dealer from the requirements of conducting a NICS | 21 | | background check through the Illinois Point of Contact | 22 | | under 18 U.S.C. 922(t). For purposes of this paragraph (g), | 23 | | "application" means when the buyer and seller reach an | 24 | | agreement to purchase a firearm.
For purposes of this | 25 | | paragraph (g), "national governing body" means a group of | 26 | | persons who adopt rules and formulate policy on behalf of a |
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| 1 | | national firearm sporting organization.
| 2 | | (h) While holding any license
as a dealer,
importer, | 3 | | manufacturer or pawnbroker
under the federal Gun Control | 4 | | Act of 1968,
manufactures, sells or delivers to any | 5 | | unlicensed person a handgun having
a barrel, slide, frame | 6 | | or receiver which is a die casting of zinc alloy or
any | 7 | | other nonhomogeneous metal which will melt or deform at a | 8 | | temperature
of less than 800 degrees Fahrenheit. For | 9 | | purposes of this paragraph, (1)
"firearm" is defined as in | 10 | | the Firearm Owners Identification Card Act; and (2)
| 11 | | "handgun" is defined as a firearm designed to be held
and | 12 | | fired by the use of a single hand, and includes a | 13 | | combination of parts from
which such a firearm can be | 14 | | assembled.
| 15 | | (i) Sells or gives a firearm of any size to any person | 16 | | under 18 years of
age who does not possess a valid Firearm | 17 | | Owner's Identification Card.
| 18 | | (j) Sells or gives a firearm while engaged in the | 19 | | business of selling
firearms at wholesale or retail without | 20 | | being licensed as a federal firearms
dealer under Section | 21 | | 923 of the federal Gun Control Act of 1968 (18 U.S.C.
923). | 22 | | In this paragraph (j):
| 23 | | A person "engaged in the business" means a person who | 24 | | devotes time,
attention, and
labor to
engaging in the | 25 | | activity as a regular course of trade or business with the
| 26 | | principal objective of livelihood and profit, but does not |
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| 1 | | include a person who
makes occasional repairs of firearms | 2 | | or who occasionally fits special barrels,
stocks, or | 3 | | trigger mechanisms to firearms.
| 4 | | "With the principal objective of livelihood and | 5 | | profit" means that the
intent
underlying the sale or | 6 | | disposition of firearms is predominantly one of
obtaining | 7 | | livelihood and pecuniary gain, as opposed to other intents, | 8 | | such as
improving or liquidating a personal firearms | 9 | | collection; however, proof of
profit shall not be required | 10 | | as to a person who engages in the regular and
repetitive | 11 | | purchase and disposition of firearms for criminal purposes | 12 | | or
terrorism.
| 13 | | (k) Sells or transfers ownership of a firearm to a | 14 | | person in violation of Section 3 of the Firearm Owners | 15 | | Identification Card Act who does not display to the seller | 16 | | or transferor of the firearm either: (1) a currently valid | 17 | | Firearm Owner's Identification Card that has previously | 18 | | been issued in the transferee's name by the Department of | 19 | | State Police under the provisions of the Firearm Owners | 20 | | Identification Card Act; or (2) a currently valid license | 21 | | to carry a concealed firearm that has previously been | 22 | | issued in the transferee's name by the
Department of State | 23 | | Police under the Firearm Concealed Carry Act . This | 24 | | paragraph (k) does not apply to the transfer of a firearm | 25 | | to a person who is exempt from the requirement of | 26 | | possessing a Firearm Owner's Identification Card under |
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| 1 | | Section 2 of the Firearm Owners Identification Card Act. | 2 | | For the purposes of this Section, a currently valid Firearm | 3 | | Owner's Identification Card means (i) a Firearm Owner's | 4 | | Identification Card that has not expired or (ii) an | 5 | | approval number issued in accordance with subsection | 6 | | (a-10) of subsection 3 or Section 3.1 of the Firearm Owners | 7 | | Identification Card Act shall be proof that the Firearm | 8 | | Owner's Identification Card was valid. | 9 | | (1) (Blank). In addition to the other requirements | 10 | | of this paragraph (k), all persons who are not | 11 | | federally licensed firearms dealers must also have | 12 | | complied with subsection (a-10) of Section 3 of the | 13 | | Firearm Owners Identification Card Act by determining | 14 | | the validity of a purchaser's Firearm Owner's | 15 | | Identification Card. | 16 | | (2) All sellers or transferors who are not | 17 | | federally licensed firearms dealers and who have | 18 | | complied with the requirements of subparagraph (1) of | 19 | | this paragraph (k) shall not be liable for damages in | 20 | | any civil action arising from the use or misuse by the | 21 | | transferee of the firearm transferred, except for | 22 | | willful or wanton misconduct on the part of the seller | 23 | | or transferor. | 24 | | (l) Not
being entitled to the possession of a firearm, | 25 | | delivers the
firearm, knowing it to have been stolen or | 26 | | converted. It may be inferred that
a person who possesses a |
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| 1 | | firearm with knowledge that its serial number has
been | 2 | | removed or altered has knowledge that the firearm is stolen | 3 | | or converted. | 4 | | (B) Paragraph (h) of subsection (A) does not include | 5 | | firearms sold within 6
months after enactment of Public
Act | 6 | | 78-355 (approved August 21, 1973, effective October 1, 1973), | 7 | | nor is any
firearm legally owned or
possessed by any citizen or | 8 | | purchased by any citizen within 6 months after the
enactment of | 9 | | Public Act 78-355 subject
to confiscation or seizure under the | 10 | | provisions of that Public Act. Nothing in
Public Act 78-355 | 11 | | shall be construed to prohibit the gift or trade of
any firearm | 12 | | if that firearm was legally held or acquired within 6 months | 13 | | after
the enactment of that Public Act.
| 14 | | (C) Sentence.
| 15 | | (1) Any person convicted of unlawful sale or delivery | 16 | | of firearms in violation of
paragraph (c), (e), (f), (g), | 17 | | or (h) of subsection (A) commits a Class
4
felony.
| 18 | | (2) Any person convicted of unlawful sale or delivery | 19 | | of firearms in violation of
paragraph (b) or (i) of | 20 | | subsection (A) commits a Class 3 felony.
| 21 | | (3) Any person convicted of unlawful sale or delivery | 22 | | of firearms in violation of
paragraph (a) of subsection (A) | 23 | | commits a Class 2 felony.
| 24 | | (4) Any person convicted of unlawful sale or delivery | 25 | | of firearms in violation of
paragraph (a), (b), or (i) of | 26 | | subsection (A) in any school, on the real
property |
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| 1 | | comprising a school, within 1,000 feet of the real property | 2 | | comprising
a school, at a school related activity, or on or | 3 | | within 1,000 feet of any
conveyance owned, leased, or | 4 | | contracted by a school or school district to
transport | 5 | | students to or from school or a school related activity,
| 6 | | regardless of the time of day or time of year at which the | 7 | | offense
was committed, commits a Class 1 felony. Any person | 8 | | convicted of a second
or subsequent violation of unlawful | 9 | | sale or delivery of firearms in violation of paragraph
(a), | 10 | | (b), or (i) of subsection (A) in any school, on the real | 11 | | property
comprising a school, within 1,000 feet of the real | 12 | | property comprising a
school, at a school related activity, | 13 | | or on or within 1,000 feet of any
conveyance owned, leased, | 14 | | or contracted by a school or school district to
transport | 15 | | students to or from school or a school related activity,
| 16 | | regardless of the time of day or time of year at which the | 17 | | offense
was committed, commits a Class 1 felony for which | 18 | | the sentence shall be a
term of imprisonment of no less | 19 | | than 5 years and no more than 15 years.
| 20 | | (5) Any person convicted of unlawful sale or delivery | 21 | | of firearms in violation of
paragraph (a) or (i) of | 22 | | subsection (A) in residential property owned,
operated, or | 23 | | managed by a public housing agency or leased by a public | 24 | | housing
agency as part of a scattered site or mixed-income | 25 | | development, in a public
park, in a
courthouse, on | 26 | | residential property owned, operated, or managed by a |
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| 1 | | public
housing agency or leased by a public housing agency | 2 | | as part of a scattered site
or mixed-income development, on | 3 | | the real property comprising any public park,
on the real
| 4 | | property comprising any courthouse, or on any public way | 5 | | within 1,000 feet
of the real property comprising any | 6 | | public park, courthouse, or residential
property owned, | 7 | | operated, or managed by a public housing agency or leased | 8 | | by a
public housing agency as part of a scattered site or | 9 | | mixed-income development
commits a
Class 2 felony.
| 10 | | (6) Any person convicted of unlawful sale or delivery | 11 | | of firearms in violation of
paragraph (j) of subsection (A) | 12 | | commits a Class A misdemeanor. A second or
subsequent | 13 | | violation is a Class 4 felony. | 14 | | (7) Any person convicted of unlawful sale or delivery | 15 | | of firearms in violation of paragraph (k) of subsection (A) | 16 | | commits a Class 4 felony , except that a violation of | 17 | | subparagraph (1) of paragraph (k) of subsection (A) shall | 18 | | not be punishable as a crime or petty offense . A third or | 19 | | subsequent conviction for a violation of paragraph (k) of | 20 | | subsection (A) is a Class 1 felony.
| 21 | | (8) A person 18 years of age or older convicted of | 22 | | unlawful sale or delivery of firearms in violation of | 23 | | paragraph (a) or (i) of subsection (A), when the firearm | 24 | | that was sold or given to another person under 18 years of | 25 | | age was used in the commission of or attempt to commit a | 26 | | forcible felony, shall be fined or imprisoned, or both, not |
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| 1 | | to exceed the maximum provided for the most serious | 2 | | forcible felony so committed or attempted by the person | 3 | | under 18 years of age who was sold or given the firearm. | 4 | | (9) Any person convicted of unlawful sale or delivery | 5 | | of firearms in violation of
paragraph (d) of subsection (A) | 6 | | commits a Class 3 felony. | 7 | | (10) Any person convicted of unlawful sale or delivery | 8 | | of firearms in violation of paragraph (l) of subsection (A) | 9 | | commits a Class 2 felony if the delivery is of one firearm. | 10 | | Any person convicted of unlawful sale or delivery of | 11 | | firearms in violation of paragraph (l) of subsection (A) | 12 | | commits a Class 1 felony if the delivery is of not less | 13 | | than 2 and not more than 5 firearms at the
same time or | 14 | | within a one year period. Any person convicted of unlawful | 15 | | sale or delivery of firearms in violation of paragraph (l) | 16 | | of subsection (A) commits a Class X felony for which he or | 17 | | she shall be sentenced
to a term of imprisonment of not | 18 | | less than 6 years and not more than 30
years if the | 19 | | delivery is of not less than 6 and not more than 10 | 20 | | firearms at the
same time or within a 2 year period. Any | 21 | | person convicted of unlawful sale or delivery of firearms | 22 | | in violation of paragraph (l) of subsection (A) commits a | 23 | | Class X felony for which he or she shall be sentenced
to a | 24 | | term of imprisonment of not less than 6 years and not more | 25 | | than 40
years if the delivery is of not less than 11 and | 26 | | not more than 20 firearms at the
same time or within a 3 |
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| 1 | | year period. Any person convicted of unlawful sale or | 2 | | delivery of firearms in violation of paragraph (l) of | 3 | | subsection (A) commits a Class X felony for which he or she | 4 | | shall be sentenced
to a term of imprisonment of not less | 5 | | than 6 years and not more than 50
years if the delivery is | 6 | | of not less than 21 and not more than 30 firearms at the
| 7 | | same time or within a 4 year period. Any person convicted | 8 | | of unlawful sale or delivery of firearms in violation of | 9 | | paragraph (l) of subsection (A) commits a Class X felony | 10 | | for which he or she shall be sentenced
to a term of | 11 | | imprisonment of not less than 6 years and not more than 60
| 12 | | years if the delivery is of 31 or more firearms at the
same | 13 | | time or within a 5 year period. | 14 | | (D) For purposes of this Section:
| 15 | | "School" means a public or private elementary or secondary | 16 | | school,
community college, college, or university.
| 17 | | "School related activity" means any sporting, social, | 18 | | academic, or
other activity for which students' attendance or | 19 | | participation is sponsored,
organized, or funded in whole or in | 20 | | part by a school or school district.
| 21 | | (E) A prosecution for a violation of paragraph (k) of | 22 | | subsection (A) of this Section may be commenced within 6 years | 23 | | after the commission of the offense. A prosecution for a | 24 | | violation of this Section other than paragraph (g) of | 25 | | subsection (A) of this Section may be commenced within 5 years | 26 | | after the commission of the offense defined in the particular |
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| 1 | | paragraph.
| 2 | | (Source: P.A. 99-29, eff. 7-10-15; 99-143, eff. 7-27-15; | 3 | | 99-642, eff. 7-28-16; 100-606, eff. 1-1-19 .)
| 4 | | Section 99. Effective date. This Act takes effect upon | 5 | | becoming law.".
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