Full Text of HB2633 98th General Assembly
HB2633 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 HB2633 Introduced 2/21/2013, by Rep. Maria Antonia Berrios SYNOPSIS AS INTRODUCED: |
| 430 ILCS 65/3 | from Ch. 38, par. 83-3 | 430 ILCS 65/14 | from Ch. 38, par. 83-14 |
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Amends the Firearm Owners Identification Card Act. Provides that the transferor of a firearm, stun gun, or taser must furnish a record of the transfer, within 10 days of the transfer, to the Department of State Police. The transferee must furnish a record of the transfer and a copy of his or her valid Firearm Owner's Identification Card to the Department of State Police within 10 days of the transfer. Provides that the Department of State Police must maintain the record for a period of 10 years. Provides that a violation is a petty offense. Effective immediately.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| | | HB2633 | | LRB098 08521 RLC 38632 b |
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| 1 | | AN ACT concerning firearms.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Firearm Owners Identification Card Act is | 5 | | amended by changing Sections 3 and 14 as follows: | 6 | | (430 ILCS 65/3) (from Ch. 38, par. 83-3) | 7 | | Sec. 3. (a) Except as provided in Section 3a, no person may | 8 | | knowingly
transfer, or cause to be transferred, any firearm, | 9 | | firearm ammunition, stun gun, or taser to any person within | 10 | | this State unless the
transferee with whom he deals displays a | 11 | | currently valid Firearm Owner's
Identification Card which has | 12 | | previously been issued in his name by the
Department of State | 13 | | Police under the provisions of this Act. In addition,
all | 14 | | firearm, stun gun, and taser transfers by federally licensed | 15 | | firearm dealers are subject
to Section 3.1. | 16 | | (a-5) Any person who is not a federally licensed firearm | 17 | | dealer and who desires to transfer or sell a firearm while that | 18 | | person is on the grounds of a gun show must, before selling or | 19 | | transferring the firearm, request the Department of State | 20 | | Police to conduct a background check on the prospective | 21 | | recipient of the firearm in accordance with Section 3.1.
| 22 | | (b) Any person within this State who transfers or causes to | 23 | | be
transferred any firearm, stun gun, or taser shall keep a |
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| 1 | | record of such transfer for a period
of 10 years from the date | 2 | | of transfer. Such record shall contain the date
of the | 3 | | transfer; the description, serial number or other information
| 4 | | identifying the firearm, stun gun, or taser if no serial number | 5 | | is available; and, if the
transfer was completed within this | 6 | | State, the transferee's Firearm Owner's
Identification Card | 7 | | number. On or after January 1, 2006, the record shall contain | 8 | | the date of application for transfer of the firearm. On demand | 9 | | of a peace officer such transferor
shall produce for inspection | 10 | | such record of transfer. If the transfer or sale took place at | 11 | | a gun show, the record shall include the unique identification | 12 | | number. Failure to record the unique identification number is a | 13 | | petty offense.
| 14 | | (b-1) The transferor of a firearm, stun gun, or taser must | 15 | | furnish a record of the transfer, within 10 days of the | 16 | | transfer, to the Department of State Police. The transferee | 17 | | must furnish a record of the transfer and a copy of his or her | 18 | | valid Firearm Owner's Identification Card to the Department of | 19 | | State Police within 10 days of the transfer. The Department of | 20 | | State Police must maintain the record for a period of 10 years. | 21 | | (b-5) Any resident may purchase ammunition from a person | 22 | | within or outside of Illinois if shipment is by United States | 23 | | mail or by a private express carrier authorized by federal law | 24 | | to ship ammunition. Any resident purchasing ammunition within | 25 | | or outside the State of Illinois must provide the seller with a | 26 | | copy of his or her valid Firearm Owner's Identification Card |
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| 1 | | and either his or her Illinois driver's license or Illinois | 2 | | State Identification Card prior to the shipment of the | 3 | | ammunition. The ammunition may be shipped only to an address on | 4 | | either of those 2 documents. | 5 | | (c) The provisions of this Section regarding the transfer | 6 | | of firearm
ammunition shall not apply to those persons | 7 | | specified in paragraph (b) of
Section 2 of this Act. | 8 | | (Source: P.A. 97-1135, eff. 12-4-12.)
| 9 | | (430 ILCS 65/14) (from Ch. 38, par. 83-14)
| 10 | | Sec. 14. Sentence.
| 11 | | (a) Except as provided in subsection (a-5), a violation of | 12 | | paragraph (1) of subsection (a) of Section 2, when the
person's | 13 | | Firearm Owner's
Identification Card is expired but the person | 14 | | is not otherwise disqualified
from renewing the card, is a | 15 | | Class A misdemeanor.
| 16 | | (a-5) A violation of paragraph (1) of subsection (a) of | 17 | | Section 2, when the
person's Firearm Owner's
Identification | 18 | | Card is expired but the person is not otherwise disqualified
| 19 | | from owning, purchasing, or possessing firearms, is a petty | 20 | | offense if the card was expired for 6 months or less from the | 21 | | date of expiration. | 22 | | (b) Except as provided in subsection (a) with respect to an | 23 | | expired
card, a violation of paragraph (1) of subsection (a) of | 24 | | Section 2 is a
Class A misdemeanor when the person does not | 25 | | possess a currently valid Firearm
Owner's Identification Card, |
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| 1 | | but is otherwise eligible under this Act. A
second or | 2 | | subsequent violation is a Class 4 felony.
| 3 | | (c) A violation of paragraph (1) of subsection (a) of | 4 | | Section 2 is a Class
3 felony when:
| 5 | | (1) the person's Firearm Owner's Identification Card | 6 | | is revoked or
subject to revocation under Section 8; or
| 7 | | (2) the person's Firearm Owner's Identification Card | 8 | | is expired and not
otherwise eligible for renewal under | 9 | | this Act; or
| 10 | | (3) the person does not possess a currently valid | 11 | | Firearm Owner's
Identification Card, and the person is not | 12 | | otherwise eligible under this
Act.
| 13 | | (d) A violation of subsection (a) of Section 3 is a Class 4 | 14 | | felony.
A third or subsequent conviction is a Class 1 felony.
| 15 | | (d-1) A violation of subsection (b-1) of Section 3 is a | 16 | | petty offense. | 17 | | (d-5) Any person who knowingly enters false information on | 18 | | an application
for a Firearm Owner's Identification Card, who | 19 | | knowingly gives a false answer
to any question on the | 20 | | application, or who knowingly submits false evidence in
| 21 | | connection with an application is guilty of a Class 2 felony.
| 22 | | (e) Except as provided by Section 6.1 of this Act, any | 23 | | other
violation of this Act is a Class A misdemeanor.
| 24 | | (Source: P.A. 97-1131, eff. 1-1-13.)
| 25 | | Section 99. Effective date. This Act takes effect upon | 26 | | becoming law.
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