Full Text of SB0754 103rd General Assembly
SB0754sam001 103RD GENERAL ASSEMBLY | Sen. Julie A. Morrison Filed: 3/22/2023
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| 1 | | AMENDMENT TO SENATE BILL 754
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 754 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, and 3 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, firearm | 12 | | ammunition, prepackaged explosive components, 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)
| 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 Illinois 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 | | "Developmental disability" means a severe, chronic |
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| 1 | | disability of an individual that: | 2 | | (1) is attributable to a mental or physical impairment | 3 | | or combination of mental and physical impairments; | 4 | | (2) is manifested before the individual attains age | 5 | | 22; | 6 | | (3) is likely to continue indefinitely; | 7 | | (4) results in substantial functional limitations in 3 | 8 | | or more of the following areas of major life activity: | 9 | | (A) Self-care. | 10 | | (B) Receptive and expressive language. | 11 | | (C) Learning. | 12 | | (D) Mobility. | 13 | | (E) Self-direction. | 14 | | (F) Capacity for independent living. | 15 | | (G) Economic self-sufficiency; and | 16 | | (5) reflects the individual's need for a combination | 17 | | and sequence of special, interdisciplinary, or generic | 18 | | services, individualized supports, or other forms of | 19 | | assistance that are of lifelong or extended duration and | 20 | | are individually planned and coordinated. | 21 | | "Federally licensed firearm dealer" means a person who is | 22 | | licensed as a federal firearms dealer under Section 923 of the | 23 | | federal Gun Control Act of 1968 (18 U.S.C. 923).
| 24 | | "Firearm" means any device, by
whatever name known, which | 25 | | is designed to expel a projectile or projectiles
by the action | 26 | | of an explosion, expansion of gas or escape of gas; excluding,
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| 1 | | however:
| 2 | | (1) any pneumatic gun, spring gun, paint ball gun, or | 3 | | B-B gun which
expels a single globular projectile not | 4 | | exceeding .18 inch in
diameter or which has a maximum | 5 | | muzzle velocity of less than 700 feet
per second;
| 6 | | (1.1) any pneumatic gun, spring gun, paint ball gun, | 7 | | or B-B gun which expels breakable paint balls containing | 8 | | washable marking colors; | 9 | | (2) any device used exclusively for signaling or | 10 | | safety and required or
recommended by the United States | 11 | | Coast Guard or the Interstate Commerce
Commission;
| 12 | | (3) any device used exclusively for the firing of stud | 13 | | cartridges,
explosive rivets or similar industrial | 14 | | ammunition; and
| 15 | | (4) an antique firearm (other than a machine-gun) | 16 | | which, although
designed as a weapon, the Illinois State | 17 | | Police finds by reason of
the date of its manufacture, | 18 | | value, design, and other characteristics is
primarily a | 19 | | collector's item and is not likely to be used as a weapon.
| 20 | | "Firearm ammunition" means any self-contained cartridge or | 21 | | shotgun
shell, by whatever name known, which is designed to be | 22 | | used or adaptable to
use in a firearm; excluding, however:
| 23 | | (1) any ammunition exclusively designed for use with a | 24 | | device used
exclusively for signaling or safety and | 25 | | required or recommended by the
United States Coast Guard | 26 | | or the Interstate Commerce Commission; and
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| 1 | | (2) any ammunition designed exclusively for use with a | 2 | | stud or rivet
driver or other similar industrial | 3 | | ammunition. | 4 | | "Gun show" means an event or function: | 5 | | (1) at which the sale and transfer of firearms is the | 6 | | regular and normal course of business and where 50 or more | 7 | | firearms are displayed, offered, or exhibited for sale, | 8 | | transfer, or exchange; or | 9 | | (2) at which not less than 10 gun show vendors | 10 | | display, offer, or exhibit for sale, sell, transfer, or | 11 | | exchange firearms.
| 12 | | "Gun show" includes the entire premises provided for an | 13 | | event or function, including parking areas for the event or | 14 | | function, that is sponsored to facilitate the purchase, sale, | 15 | | transfer, or exchange of firearms as described in this | 16 | | Section.
Nothing in this definition shall be construed to | 17 | | exclude a gun show held in conjunction with competitive | 18 | | shooting events at the World Shooting Complex sanctioned by a | 19 | | national governing body in which the sale or transfer of | 20 | | firearms is authorized under subparagraph (5) of paragraph (g) | 21 | | of subsection (A) of Section 24-3 of the Criminal Code of 2012. | 22 | | Unless otherwise expressly stated, "gun show" does not | 23 | | include training or safety classes, competitive shooting | 24 | | events, such as rifle, shotgun, or handgun matches, trap, | 25 | | skeet, or sporting clays shoots, dinners, banquets, raffles, | 26 | | or
any other event where the sale or transfer of firearms is |
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| 1 | | not the primary course of business. | 2 | | "Gun show promoter" means a person who organizes or | 3 | | operates a gun show. | 4 | | "Gun show vendor" means a person who exhibits, sells, | 5 | | offers for sale, transfers, or exchanges any firearms at a gun | 6 | | show, regardless of whether the person arranges with a gun | 7 | | show promoter for a fixed location from which to exhibit, | 8 | | sell, offer for sale, transfer, or exchange any firearm. | 9 | | "Intellectual disability" means significantly subaverage | 10 | | general intellectual functioning, existing concurrently with | 11 | | deficits in adaptive behavior and manifested during the | 12 | | developmental period, which is defined as before the age of | 13 | | 22, that adversely affects a child's educational performance. | 14 | | "Involuntarily admitted" has the meaning as prescribed in | 15 | | Sections 1-119 and 1-119.1 of the Mental Health and | 16 | | Developmental Disabilities Code. | 17 | | "Mental health facility" means any licensed private | 18 | | hospital or hospital affiliate, institution, or facility, or | 19 | | part thereof, and any facility, or part thereof, operated by | 20 | | the State or a political subdivision thereof which provides | 21 | | treatment of persons with mental illness and includes all | 22 | | hospitals, institutions, clinics, evaluation facilities, | 23 | | mental health centers, colleges, universities, long-term care | 24 | | facilities, and nursing homes, or parts thereof, which provide | 25 | | treatment of persons with mental illness whether or not the | 26 | | primary purpose is to provide treatment of persons with mental |
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| 1 | | illness. | 2 | | "National governing body" means a group of persons who | 3 | | adopt rules and formulate policy on behalf of a national | 4 | | firearm sporting organization. | 5 | | "Noncitizen" means a person who is not a citizen of the | 6 | | United States, but is a person who is a foreign-born person who | 7 | | lives in the United States, has not been naturalized, and is | 8 | | still a citizen of a foreign country. | 9 | | "Patient" means: | 10 | | (1) a person who is admitted as an inpatient or | 11 | | resident of a public or private mental health facility for | 12 | | mental health treatment under Chapter III of the Mental | 13 | | Health and Developmental Disabilities Code as an informal | 14 | | admission, a voluntary admission, a minor admission, an | 15 | | emergency admission, or an involuntary admission, unless | 16 | | the treatment was solely for an alcohol abuse disorder; or | 17 | | (2) a person who voluntarily or involuntarily receives | 18 | | mental health treatment as an out-patient or is otherwise | 19 | | provided services by a public or private mental health | 20 | | facility and who poses a clear and present danger to | 21 | | himself, herself, or others. | 22 | | "Physician" has the meaning as defined in Section 1-120 of | 23 | | the Mental Health and Developmental Disabilities Code. | 24 | | "Prepackaged explosive components" has the same meaning | 25 | | ascribed to the term in Section 24-4.3 of the Criminal Code of | 26 | | 2012. |
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| 1 | | "Protective order" means any orders of protection issued | 2 | | under the Illinois Domestic Violence Act of 1986, stalking no | 3 | | contact orders issued under the Stalking No Contact Order Act, | 4 | | civil no contact orders issued under the Civil No Contact | 5 | | Order Act, and firearms restraining orders issued under the | 6 | | Firearms Restraining Order Act or a substantially similar | 7 | | order issued by the court of another state, tribe, or United | 8 | | States territory or military tribunal. | 9 | | "Qualified examiner" has the meaning provided in Section | 10 | | 1-122 of the Mental Health and Developmental Disabilities | 11 | | Code. | 12 | | "Sanctioned competitive shooting event" means a shooting | 13 | | contest officially recognized by a national or state shooting | 14 | | sport association, and includes any sight-in or practice | 15 | | conducted in conjunction with the event.
| 16 | | "School administrator" means the person required to report | 17 | | under the School Administrator Reporting of Mental Health | 18 | | Clear and Present Danger Determinations Law. | 19 | | "Stun gun or taser" has the meaning ascribed to it in | 20 | | Section 24-1 of the Criminal Code of 2012. | 21 | | (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; | 22 | | 102-813, eff. 5-13-22; 102-890, eff. 5-19-22; 102-972, eff. | 23 | | 1-1-23; 102-1030, eff. 5-27-22; revised 12-14-22.)
| 24 | | (430 ILCS 65/2) (from Ch. 38, par. 83-2)
| 25 | | Sec. 2. Firearm Owner's Identification Card required; |
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| 1 | | exceptions.
| 2 | | (a) (1) No person may acquire or possess any firearm, | 3 | | prepackaged explosive components, stun gun, or taser within | 4 | | this State
without having in his or her possession a Firearm | 5 | | Owner's Identification Card
previously issued in his or her | 6 | | name by the Illinois State Police under
the provisions of this | 7 | | Act.
| 8 | | (2) No person may acquire or possess firearm ammunition | 9 | | within this
State without having in his or her possession a | 10 | | Firearm Owner's Identification
Card previously issued in his | 11 | | or her name by the Illinois State Police
under the provisions | 12 | | of this Act.
| 13 | | (b) The provisions of this Section regarding the | 14 | | possession of firearms, firearm ammunition, stun guns, and | 15 | | tasers do not apply to:
| 16 | | (1) United States Marshals, while engaged in the | 17 | | operation of their
official duties;
| 18 | | (2) Members of the Armed Forces of the United States | 19 | | or the National
Guard, while engaged in the operation of | 20 | | their official duties;
| 21 | | (3) Federal officials required to carry firearms, | 22 | | while engaged in the
operation of their official duties;
| 23 | | (4) Members of bona fide veterans organizations which | 24 | | receive firearms
directly from the armed forces of the | 25 | | United States, while using the
firearms for ceremonial | 26 | | purposes with blank ammunition;
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| 1 | | (5) Nonresident hunters during hunting season, with | 2 | | valid nonresident
hunting licenses and while in an area | 3 | | where hunting is permitted; however,
at all other times | 4 | | and in all other places these persons must have their
| 5 | | firearms unloaded and enclosed in a case;
| 6 | | (6) Those hunters exempt from obtaining a hunting | 7 | | license who are
required to submit their Firearm Owner's | 8 | | Identification Card when hunting
on Department of Natural | 9 | | Resources owned or managed sites;
| 10 | | (7) Nonresidents while on a firing or shooting range | 11 | | recognized by the
Illinois State Police; however, these | 12 | | persons must at all other times
and in all other places | 13 | | have their firearms unloaded and enclosed in a case;
| 14 | | (8) Nonresidents while at a firearm showing or display | 15 | | recognized by
the Illinois State Police; however, at all | 16 | | other times and in all
other places these persons must | 17 | | have their firearms unloaded and enclosed
in a case;
| 18 | | (9) Nonresidents whose firearms are unloaded and | 19 | | enclosed in a case;
| 20 | | (10) Nonresidents who are currently licensed or | 21 | | registered to possess a
firearm in their resident state;
| 22 | | (11) Unemancipated minors while in the custody and | 23 | | immediate control of
their parent or legal guardian or | 24 | | other person in loco parentis to the
minor if the parent or | 25 | | legal guardian or other person in loco parentis to
the | 26 | | minor has a currently valid Firearm Owner's Identification
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| 1 | | Card;
| 2 | | (12) Color guards of bona fide veterans organizations | 3 | | or members of bona
fide American Legion bands while using | 4 | | firearms for ceremonial purposes
with blank ammunition;
| 5 | | (13) Nonresident hunters whose state of residence does | 6 | | not require
them to be licensed or registered to possess a | 7 | | firearm and only during
hunting season, with valid hunting | 8 | | licenses, while accompanied by, and
using a firearm owned | 9 | | by, a person who possesses a valid Firearm Owner's
| 10 | | Identification Card and while in an area within a | 11 | | commercial club licensed
under the Wildlife Code where | 12 | | hunting is permitted and controlled, but in
no instance | 13 | | upon sites owned or managed by the Department of Natural
| 14 | | Resources;
| 15 | | (14) Resident hunters who are properly authorized to | 16 | | hunt and,
while accompanied by a person who possesses a | 17 | | valid Firearm Owner's
Identification Card, hunt in an area | 18 | | within a commercial club licensed
under the Wildlife Code | 19 | | where hunting is permitted and controlled; and
| 20 | | (15) A person who is otherwise eligible to obtain a | 21 | | Firearm Owner's
Identification Card under this Act and is | 22 | | under the direct supervision of a
holder of a Firearm
| 23 | | Owner's Identification Card who is 21 years of age or | 24 | | older while the person is
on a firing or shooting range
or | 25 | | is a
participant in a firearms safety and training course | 26 | | recognized by a law
enforcement agency or a national, |
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| 1 | | statewide shooting sports organization. | 2 | | (c) The provisions of this Section regarding the | 3 | | acquisition and possession
of firearms, firearm ammunition, | 4 | | prepackaged explosive components, stun guns, and tasers do not | 5 | | apply to law enforcement officials
of this or any other | 6 | | jurisdiction, while engaged in the performance operation of | 7 | | their
official duties.
| 8 | | (c-5) The provisions of paragraphs (1) and (2) of | 9 | | subsection (a) of this Section regarding the possession of | 10 | | firearms
and firearm ammunition do not apply to the holder of a | 11 | | valid concealed carry
license issued under the Firearm | 12 | | Concealed Carry Act who is in physical
possession of the | 13 | | concealed carry license. | 14 | | (c-10) The provisions of paragraph (1) of subsection (a) | 15 | | of this Section regarding the acquisition and possession of | 16 | | prepackaged explosive components do not apply to: | 17 | | (1) Members of the Armed Services or Reserves | 18 | | Forces of the United States or the Illinois National Guard | 19 | | while in the performance of their official duty. | 20 | | (2) Persons licensed under State and federal law | 21 | | to manufacture, import, or sell prepackaged explosive | 22 | | components, and actually engaged in that business, but | 23 | | only with respect to activities which are within the | 24 | | lawful scope of the business, including the manufacture, | 25 | | transportation, or testing of prepackaged explosive | 26 | | components. |
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| 1 | | (3) Contractors or subcontractors engaged in the | 2 | | manufacture, transport, testing, delivery, transfer or | 3 | | sale, and lawful experimental activities under a contract | 4 | | or subcontract for the development and supply of the | 5 | | product to the United States government or any branch of | 6 | | the Armed Forces of the United States, when those | 7 | | activities are necessary and incident to fulfilling the | 8 | | terms of the contract. The exemption granted under this | 9 | | paragraph (3) shall also apply to any authorized agent of | 10 | | any contractor or subcontractor described in this | 11 | | paragraph (3) who is operating within the scope of his or | 12 | | her employment, when the activities involving the | 13 | | prepackaged explosive components are necessary and | 14 | | incident to fulfilling the terms of the contract. | 15 | | (4) Sales clerks or retail merchants selling or | 16 | | transferring prepackaged explosive components. | 17 | | (d) Any person who becomes a resident of this State, who is | 18 | | not otherwise prohibited from obtaining, possessing, or using | 19 | | a firearm or firearm ammunition, shall not be required to have | 20 | | a Firearm Owner's Identification Card to possess firearms or | 21 | | firearms ammunition until 60 calendar days after he or she | 22 | | obtains an Illinois driver's license or Illinois | 23 | | Identification Card. | 24 | | (Source: P.A. 102-538, eff. 8-20-21; 102-1116, eff. 1-10-23.)
| 25 | | (430 ILCS 65/3) (from Ch. 38, par. 83-3) |
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| 1 | | (Text of Section before amendment by P.A. 102-237 ) | 2 | | Sec. 3. (a) Except as provided in Section 3a, no person may | 3 | | knowingly
transfer, or cause to be transferred, any firearm, | 4 | | firearm ammunition, prepackaged explosive components, stun | 5 | | gun, or taser to any person within this State unless the
| 6 | | transferee with whom he deals displays either: (1) a currently | 7 | | valid Firearm Owner's
Identification Card which has previously | 8 | | been issued in his or her name by the
Illinois State Police | 9 | | under the provisions of this Act; or (2) a currently valid | 10 | | license to carry a concealed firearm which has previously been | 11 | | issued in his or her name by the
Illinois State Police under | 12 | | the Firearm Concealed Carry Act. In addition,
all firearm, | 13 | | stun gun, and taser transfers by federally licensed firearm | 14 | | dealers are subject
to Section 3.1. | 15 | | (a-5) Any person who is not a federally licensed firearm | 16 | | dealer and who desires to transfer or sell a firearm while that | 17 | | person is on the grounds of a gun show must, before selling or | 18 | | transferring the firearm, request the Illinois State Police to | 19 | | conduct a background check on the prospective recipient of the | 20 | | firearm in accordance with Section 3.1.
| 21 | | (a-10) Notwithstanding item (2) of subsection (a) of this | 22 | | Section, any person who is not a federally licensed firearm | 23 | | dealer and who desires to transfer or sell a firearm or | 24 | | firearms to any person who is not a federally licensed firearm | 25 | | dealer shall, before selling or transferring the firearms, | 26 | | contact a federal firearm license dealer under paragraph (1) |
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| 1 | | of subsection (a-15) of this Section to conduct the transfer | 2 | | or the Illinois State Police with the transferee's or | 3 | | purchaser's Firearm Owner's Identification Card number to | 4 | | determine the validity of the transferee's or purchaser's | 5 | | Firearm Owner's Identification Card under State and federal | 6 | | law including the National Instant Criminal Background Check | 7 | | System. This subsection shall not be effective until July 1, | 8 | | 2023. Until that date the transferor shall contact the | 9 | | Illinois State Police with the transferee's or purchaser's | 10 | | Firearm Owner's Identification Card number to determine the | 11 | | validity of the card. The Illinois State Police may adopt | 12 | | rules concerning the implementation of this subsection. The | 13 | | Illinois State Police shall provide the seller or transferor | 14 | | an approval number if the purchaser's Firearm Owner's | 15 | | Identification Card is valid. Approvals issued by the Illinois | 16 | | State Police for the purchase of a firearm pursuant to this | 17 | | subsection are valid for 30 days from the date of issue. | 18 | | (a-15) The provisions of subsection (a-10) of this Section | 19 | | 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 |
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| 1 | | is 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 $25 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 | 25 | | of the unlicensed transferee, if the unlicensed transferee | 26 | | is not otherwise prohibited from possessing firearms and |
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| 1 | | the unlicensed transferee reasonably believes that | 2 | | possession of the firearm is necessary to prevent imminent | 3 | | death or 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-20) The Illinois State Police shall develop an | 14 | | Internet-based system for individuals to determine the | 15 | | validity of a Firearm Owner's Identification Card prior to the | 16 | | sale or transfer of a firearm. The Illinois State Police shall | 17 | | have the Internet-based system updated and available for use | 18 | | by January 1, 2024. The Illinois State Police shall adopt | 19 | | rules not inconsistent with this Section to implement this | 20 | | system, but no rule shall allow the Illinois State Police to | 21 | | retain records in contravention of State and federal law. | 22 | | (a-25) On or before January 1, 2022, the Illinois State | 23 | | Police shall develop an Internet-based system upon which the | 24 | | serial numbers of firearms that have been reported stolen are | 25 | | available for public access for individuals to ensure any | 26 | | firearms are not reported stolen prior to the sale or transfer |
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| 1 | | of a firearm under this Section. The Illinois State Police | 2 | | shall have the Internet-based system completed and available | 3 | | for use by July 1, 2022. The Illinois State Police shall adopt | 4 | | rules not inconsistent with this Section to implement this | 5 | | system. | 6 | | (b) Any person within this State who transfers or causes | 7 | | to be
transferred any firearm, prepackaged explosive | 8 | | components, stun gun, or taser shall keep a record of the such | 9 | | transfer for a period
of 10 years from the date of transfer. | 10 | | Any person within this State who receives any firearm, | 11 | | prepackaged explosive components, stun gun, or taser pursuant | 12 | | to subsection (a-10) shall provide a record of the transfer | 13 | | within 10 days of the transfer to a federally licensed firearm | 14 | | dealer and shall not be required to maintain a transfer | 15 | | record. The federally licensed firearm dealer shall maintain | 16 | | the transfer record for 20 years from the date of receipt. A | 17 | | federally licensed firearm dealer may charge a fee not to | 18 | | exceed $25 to retain the record. The record shall be provided | 19 | | and maintained in either an electronic or paper format. The | 20 | | federally licensed firearm dealer shall not be liable for the | 21 | | accuracy of any information in the transfer record submitted | 22 | | pursuant to this Section. Such records shall contain the date
| 23 | | of the transfer; the description, serial number or other | 24 | | information
identifying the firearm, prepackaged explosive | 25 | | components, stun gun, or taser if no serial number is | 26 | | available; and, if the
transfer was completed within this |
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| 1 | | State, the transferee's Firearm Owner's
Identification Card | 2 | | number and any approval number or documentation provided by | 3 | | the Illinois State Police under pursuant to subsection (a-10) | 4 | | of this Section; if the transfer was not completed within this | 5 | | State, the record shall contain the name and address of the | 6 | | transferee. On or after January 1, 2006, the record shall | 7 | | contain the date of application for transfer of the firearm. | 8 | | On demand of a peace officer the such transferor
shall produce | 9 | | for inspection such record of transfer. For any transfer | 10 | | pursuant to subsection (a-10) of this Section, on the demand | 11 | | of a peace officer, the such transferee shall identify the | 12 | | federally licensed firearm dealer maintaining the transfer | 13 | | record. If the transfer or sale took place at a gun show, the | 14 | | record shall include the unique identification number. Failure | 15 | | to record the unique identification number or approval number | 16 | | is a petty offense.
For transfers of a firearm, prepackaged | 17 | | explosive components, stun gun, or taser made on or after | 18 | | January 18, 2019 (the effective date of Public Act 100-1178), | 19 | | failure by the private seller to maintain the transfer records | 20 | | in accordance with this Section, or failure by a transferee | 21 | | pursuant to subsection a-10 of this Section to identify the | 22 | | federally licensed firearm dealer maintaining the transfer | 23 | | record, is a Class A misdemeanor for the first offense and a | 24 | | Class 4 felony for a second or subsequent offense occurring | 25 | | within 10 years of the first offense and the second offense was | 26 | | committed after conviction of the first offense. Whenever any |
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| 1 | | person who has not previously been convicted of any violation | 2 | | of subsection (a-5), the court may grant supervision pursuant | 3 | | to and consistent with the limitations of Section 5-6-1 of the | 4 | | Unified Code of Corrections. A transferee or transferor shall | 5 | | not be criminally liable under this Section provided that he | 6 | | or she provides the Illinois State Police with the transfer | 7 | | records in accordance with procedures established by the | 8 | | Illinois State Police. The Illinois State Police shall | 9 | | establish, by rule, a standard form on its website. | 10 | | (b-5) Any resident may purchase ammunition from a person | 11 | | within or outside of Illinois if shipment is by United States | 12 | | mail or by a private express carrier authorized by federal law | 13 | | to ship ammunition. Any resident purchasing ammunition within | 14 | | or outside the State of Illinois must provide the seller with a | 15 | | copy of his or her valid Firearm Owner's Identification Card | 16 | | or valid concealed carry license and either his or her | 17 | | Illinois driver's license or Illinois State Identification | 18 | | Card prior to the shipment of the ammunition. The ammunition | 19 | | may be shipped only to an address on either of those 2 | 20 | | documents. | 21 | | (c) The provisions of this Section regarding the transfer | 22 | | of firearm
ammunition shall not apply to those persons | 23 | | specified in paragraph (b) of
Section 2 of this Act. | 24 | | (Source: P.A. 102-538, eff. 8-20-21; 102-813, eff. 5-13-22; | 25 | | 102-1116, eff. 1-10-23.) |
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| 1 | | (Text of Section after amendment by P.A. 102-237 ) | 2 | | Sec. 3. (a) Except as provided in Section 3a, no person may | 3 | | knowingly
transfer, or cause to be transferred, any firearm, | 4 | | firearm ammunition, prepackaged explosive components, stun | 5 | | gun, or taser to any person within this State unless the
| 6 | | transferee with whom he deals displays either: (1) a currently | 7 | | valid Firearm Owner's
Identification Card which has previously | 8 | | been issued in his or her name by the
Illinois State Police | 9 | | under the provisions of this Act; or (2) a currently valid | 10 | | license to carry a concealed firearm which has previously been | 11 | | issued in his or her name by the
Illinois State Police under | 12 | | the Firearm Concealed Carry Act. In addition,
all firearm, | 13 | | stun gun, and taser transfers by federally licensed firearm | 14 | | dealers are subject
to Section 3.1. | 15 | | (a-5) Any person who is not a federally licensed firearm | 16 | | dealer and who desires to transfer or sell a firearm while that | 17 | | person is on the grounds of a gun show must, before selling or | 18 | | transferring the firearm, request the Illinois State Police to | 19 | | conduct a background check on the prospective recipient of the | 20 | | firearm in accordance with Section 3.1.
| 21 | | (a-10) Notwithstanding item (2) of subsection (a) of this | 22 | | Section, any person who is not a federally licensed firearm | 23 | | dealer and who desires to transfer or sell a firearm or | 24 | | firearms to any person who is not a federally licensed firearm | 25 | | dealer shall, before selling or transferring the firearms, | 26 | | contact a federal firearm license dealer under paragraph (1) |
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| 1 | | of subsection (a-15) of this Section to conduct the transfer | 2 | | or the Illinois State Police with the transferee's or | 3 | | purchaser's Firearm Owner's Identification Card number to | 4 | | determine the validity of the transferee's or purchaser's | 5 | | Firearm Owner's Identification Card under State and federal | 6 | | law, including the National Instant Criminal Background Check | 7 | | System. This subsection shall not be effective until July 1, | 8 | | 2023. Until that date the transferor shall contact the | 9 | | Illinois State Police with the transferee's or purchaser's | 10 | | Firearm Owner's Identification Card number to determine the | 11 | | validity of the card. The Illinois State Police may adopt | 12 | | rules concerning the implementation of this subsection. The | 13 | | Illinois State Police shall provide the seller or transferor | 14 | | an approval number if the purchaser's Firearm Owner's | 15 | | Identification Card is valid. Approvals issued by the Illinois | 16 | | State Police for the purchase of a firearm pursuant to this | 17 | | subsection are valid for 30 days from the date of issue. | 18 | | (a-15) The provisions of subsection (a-10) of this Section | 19 | | 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 |
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| 1 | | is 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 $25 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 | 25 | | of the unlicensed transferee, if the unlicensed transferee | 26 | | is not otherwise prohibited from possessing firearms and |
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| 1 | | the unlicensed transferee reasonably believes that | 2 | | possession of the firearm is necessary to prevent imminent | 3 | | death or 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-20) The Illinois State Police shall develop an | 14 | | Internet-based system for individuals to determine the | 15 | | validity of a Firearm Owner's Identification Card prior to the | 16 | | sale or transfer of a firearm. The Illinois State Police shall | 17 | | have the Internet-based system updated and available for use | 18 | | by January 1, 2024. The Illinois State Police shall adopt | 19 | | rules not inconsistent with this Section to implement this | 20 | | system; but no rule shall allow the Illinois State Police to | 21 | | retain records in contravention of State and federal law. | 22 | | (a-25) On or before January 1, 2022, the Illinois State | 23 | | Police shall develop an Internet-based system upon which the | 24 | | serial numbers of firearms that have been reported stolen are | 25 | | available for public access for individuals to ensure any | 26 | | firearms are not reported stolen prior to the sale or transfer |
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| 1 | | of a firearm under this Section. The Illinois State Police | 2 | | shall have the Internet-based system completed and available | 3 | | for use by July 1, 2022. The Illinois State Police shall adopt | 4 | | rules not inconsistent with this Section to implement this | 5 | | system. | 6 | | (b) Any person within this State who transfers or causes | 7 | | to be
transferred any firearm, prepackaged explosive | 8 | | components, stun gun, or taser shall keep a record of such | 9 | | transfer for a period
of 10 years from the date of transfer. | 10 | | Any person within this State who receives any firearm, | 11 | | prepackaged explosive components, stun gun, or taser pursuant | 12 | | to subsection (a-10) shall provide a record of the transfer | 13 | | within 10 days of the transfer to a federally licensed firearm | 14 | | dealer and shall not be required to maintain a transfer | 15 | | record. The federally licensed firearm dealer shall maintain | 16 | | the transfer record for 20 years from the date of receipt. A | 17 | | federally licensed firearm dealer may charge a fee not to | 18 | | exceed $25 to retain the record. The record shall be provided | 19 | | and maintained in either an electronic or paper format. The | 20 | | federally licensed firearm dealer shall not be liable for the | 21 | | accuracy of any information in the transfer record submitted | 22 | | pursuant to this Section. Such records shall contain the date
| 23 | | of the transfer; the description, serial number or other | 24 | | information
identifying the firearm, prepackaged explosive | 25 | | components, stun gun, or taser if no serial number is | 26 | | available; and, if the
transfer was completed within this |
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| 1 | | State, the transferee's Firearm Owner's
Identification Card | 2 | | number and any approval number or documentation provided by | 3 | | the Illinois State Police pursuant to subsection (a-10) of | 4 | | this Section; if the transfer was not completed within this | 5 | | State, the record shall contain the name and address of the | 6 | | transferee. On or after January 1, 2006, the record shall | 7 | | contain the date of application for transfer of the firearm. | 8 | | On demand of a peace officer the such transferor shall produce | 9 | | for inspection the such record of transfer. For any transfer | 10 | | pursuant to subsection (a-10) of this Section, on the demand | 11 | | of a peace officer, the such transferee shall identify the | 12 | | federally licensed firearm dealer maintaining the transfer | 13 | | record. If the transfer or sale took place at a gun show, the | 14 | | record shall include the unique identification number. Failure | 15 | | to record the unique identification number or approval number | 16 | | is a petty offense.
For transfers of a firearm, stun gun, or | 17 | | taser made on or after January 18, 2019 (the effective date of | 18 | | Public Act 100-1178), failure by the private seller to | 19 | | maintain the transfer records in accordance with this Section, | 20 | | or failure by a transferee pursuant to subsection a-10 of this | 21 | | Section to identify the federally licensed firearm dealer | 22 | | maintaining the transfer record, is a Class A misdemeanor for | 23 | | the first offense and a Class 4 felony for a second or | 24 | | subsequent offense occurring within 10 years of the first | 25 | | offense and the second offense was committed after conviction | 26 | | of the first offense. Whenever any person who has not |
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| 1 | | previously been convicted of any violation of subsection | 2 | | (a-5), the court may grant supervision pursuant to and | 3 | | consistent with the limitations of Section 5-6-1 of the | 4 | | Unified Code of Corrections. A transferee or transferor shall | 5 | | not be criminally liable under this Section provided that he | 6 | | or she provides the Illinois State Police with the transfer | 7 | | records in accordance with procedures established by the | 8 | | Illinois State Police. The Illinois State Police shall | 9 | | establish, by rule, a standard form on its website. | 10 | | (b-5) Any resident may purchase ammunition from a person | 11 | | within or outside of Illinois if shipment is by United States | 12 | | mail or by a private express carrier authorized by federal law | 13 | | to ship ammunition. Any resident purchasing ammunition within | 14 | | or outside the State of Illinois must provide the seller with a | 15 | | copy of his or her valid Firearm Owner's Identification Card | 16 | | or valid concealed carry license and either his or her | 17 | | Illinois driver's license or Illinois State Identification | 18 | | Card prior to the shipment of the ammunition. The ammunition | 19 | | may be shipped only to an address on either of those 2 | 20 | | documents. | 21 | | (c) The provisions of this Section regarding the transfer | 22 | | of firearm
ammunition shall not apply to those persons | 23 | | specified in paragraph (b) of
Section 2 of this Act. | 24 | | (Source: P.A. 102-237, eff. 1-1-24; 102-538, eff. 8-20-21; | 25 | | 102-813, eff. 5-13-22; 102-1116, eff. 1-10-23.) |
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| 1 | | Section 10. The Criminal Code of 2012 is amended by adding | 2 | | Section 24-4.3 as follows: | 3 | | (720 ILCS 5/24-4.3 new) | 4 | | Sec. 24-4.3. Unlawful sale or delivery of prepackaged | 5 | | explosive components. | 6 | | (a) A person commits unlawful sale or delivery of | 7 | | prepackaged explosive components when he or she knowingly does | 8 | | any of the following: | 9 | | (1) Sells or gives prepackaged explosive components to | 10 | | a person who is disqualified under the Firearm Owners | 11 | | Identification Card Act. | 12 | | (2) Sells or transfers prepackaged explosive | 13 | | components to a person who does not display to the seller | 14 | | or transferor of the prepackaged explosive components a | 15 | | currently valid Firearm Owner's Identification Card that | 16 | | has previously been issued in the transferee's name by the | 17 | | Department of State Police under the Firearm Owners | 18 | | Identification Card Act. This paragraph (2) does not apply | 19 | | to the transfer of prepackaged explosive components to a | 20 | | person who is exempt from the requirement of possessing a | 21 | | Firearm Owner's Identification Card under Section 2 of the | 22 | | Firearm Owners Identification Card Act. For the purposes | 23 | | of this Section, a currently valid Firearm Owner's | 24 | | Identification Card means a Firearm Owner's Identification | 25 | | Card that has not expired. |
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| 1 | | (3) Sells or gives prepackaged explosive components | 2 | | while engaged in the business of selling prepackaged | 3 | | explosive components at wholesale or retail without being | 4 | | licensed as a federal firearms dealer under Section 923 of | 5 | | the federal Gun Control Act of 1968 (18 U.S.C. 923). In | 6 | | this paragraph (3), a person "engaged in the business" | 7 | | means a person who devotes time, attention, and labor to | 8 | | engaging in the activity as a regular course of trade or | 9 | | business with the principal objective of livelihood and | 10 | | profit. | 11 | | (b) For the purposes of this Section, "prepackaged | 12 | | explosive components" means a prepackaged product containing 2 | 13 | | or more unmixed, commercially manufactured chemical substances | 14 | | that are not independently classified as explosives but which, | 15 | | when mixed or combined, results in an explosive material | 16 | | subject to regulation by the federal Bureau of Alcohol, | 17 | | Tobacco, Firearms, and Explosives under Title 27 CFR Part 555. | 18 | | (c) All sellers or transferors who have complied with the | 19 | | requirements of this Section shall not be liable for damages | 20 | | in any civil action arising from the use or misuse by the | 21 | | transferee of the prepackaged explosive components | 22 | | transferred, except for willful or wanton misconduct on the | 23 | | part of the seller or transferor. | 24 | | (d) Sentence. Any person who is convicted of unlawful sale | 25 | | or delivery of prepackaged explosive components commits a | 26 | | Class 4 felony.
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| 1 | | Section 95. No acceleration or delay. Where this Act makes | 2 | | changes in a statute that is represented in this Act by text | 3 | | that is not yet or no longer in effect (for example, a Section | 4 | | represented by multiple versions), the use of that text does | 5 | | not accelerate or delay the taking effect of (i) the changes | 6 | | made by this Act or (ii) provisions derived from any other | 7 | | Public Act.
| 8 | | Section 99. Effective date. This Act takes effect July 1, | 9 | | 2023.".
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