Full Text of SB2677 100th General Assembly
SB2677eng 100TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning State government.
| 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 2 and 3 and by adding Section 6.2 | 6 | | as follows:
| 7 | | (430 ILCS 65/2) (from Ch. 38, par. 83-2)
| 8 | | Sec. 2. Firearm Owner's Identification Card required; | 9 | | exceptions.
| 10 | | (a) (1) A No person shall not may acquire or possess any | 11 | | firearm, stun gun, or taser within this State
without | 12 | | possessing having in his or her possession a Firearm Owner's | 13 | | Identification Card
previously issued in his or her name by the | 14 | | Department of State Police under
the provisions of this Act.
| 15 | | (2) A No person shall not may acquire or possess firearm | 16 | | ammunition within this
State without possessing having in his | 17 | | or her possession a Firearm Owner's Identification
Card | 18 | | previously issued in his or her name by the Department of State | 19 | | Police
under the provisions of this Act.
| 20 | | (b) The provisions of this Section regarding the possession | 21 | | of firearms, firearm ammunition, stun guns, and tasers do not | 22 | | apply to:
| 23 | | (1) United States Marshals, while engaged in the |
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| 1 | | operation of their
official duties;
| 2 | | (2) Members of the Armed Forces of the United States or | 3 | | the National
Guard, while engaged in the operation of their | 4 | | official duties;
| 5 | | (3) Federal officials required to carry firearms, | 6 | | while engaged in the
operation of their official duties;
| 7 | | (4) Members of bona fide veterans organizations which | 8 | | receive firearms
directly from the armed forces of the | 9 | | United States, while using the
firearms for ceremonial | 10 | | purposes with blank ammunition;
| 11 | | (5) Nonresident hunters during hunting season, with | 12 | | valid nonresident
hunting licenses and while in an area | 13 | | where hunting is permitted; however,
at all other times and | 14 | | in all other places these persons must have their
firearms | 15 | | unloaded and enclosed in a case;
| 16 | | (6) Those hunters exempt from obtaining a hunting | 17 | | license who are
required to submit their Firearm Owner's | 18 | | Identification Card when hunting
on Department of Natural | 19 | | Resources owned or managed sites;
| 20 | | (7) Nonresidents while on a firing or shooting range | 21 | | recognized by the
Department of State Police; however, | 22 | | these persons must at all other times
and in all other | 23 | | places have their firearms unloaded and enclosed in a case;
| 24 | | (8) Nonresidents while at a firearm showing or display | 25 | | recognized by
the Department of State Police; however, at | 26 | | all other times and in all
other places these persons must |
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| 1 | | have their firearms unloaded and enclosed
in a case;
| 2 | | (9) Nonresidents whose firearms are unloaded and | 3 | | enclosed in a case;
| 4 | | (10) Nonresidents who are currently licensed or | 5 | | registered to possess a
firearm in their resident state;
| 6 | | (11) Unemancipated minors while in the custody and | 7 | | immediate control of
their parent or legal guardian or | 8 | | other person in loco parentis to the
minor if the parent or | 9 | | legal guardian or other person in loco parentis to
the | 10 | | minor possesses has a currently valid Firearm Owner's | 11 | | Identification
Card;
| 12 | | (12) Color guards of bona fide veterans organizations | 13 | | or members of bona
fide American Legion bands while using | 14 | | firearms for ceremonial purposes
with blank ammunition;
| 15 | | (13) Nonresident hunters whose state of residence does | 16 | | not require
them to be licensed or registered to possess a | 17 | | firearm and only during
hunting season, with valid hunting | 18 | | licenses, while accompanied by, and
using a firearm owned | 19 | | by, a person who possesses a valid Firearm Owner's
| 20 | | Identification Card and while in an area within a | 21 | | commercial club licensed
under the Wildlife Code where | 22 | | hunting is permitted and controlled, but in
no instance | 23 | | upon sites owned or managed by the Department of Natural
| 24 | | Resources;
| 25 | | (14) Resident hunters who are properly authorized to | 26 | | hunt and,
while accompanied by a person who possesses a |
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| 1 | | valid Firearm Owner's
Identification Card, hunt in an area | 2 | | within a commercial club licensed
under the Wildlife Code | 3 | | where hunting is permitted and controlled;
| 4 | | (15) A person who is otherwise eligible to obtain a | 5 | | Firearm Owner's
Identification Card under this Act and is | 6 | | under the direct supervision of a
holder of a Firearm
| 7 | | Owner's Identification Card who is 21 years of age or older | 8 | | while the person is
on a firing or shooting range
or is a
| 9 | | participant in a firearms safety and training course | 10 | | recognized by a law
enforcement agency or a national, | 11 | | statewide shooting sports organization; and
| 12 | | (16) Competitive shooting athletes whose competition | 13 | | firearms are sanctioned by the International Olympic | 14 | | Committee, the International Paralympic Committee, the | 15 | | International Shooting Sport Federation, or USA Shooting | 16 | | in connection with such athletes' training for and | 17 | | participation in shooting competitions at the 2016 Olympic | 18 | | and Paralympic Games and sanctioned test events leading up | 19 | | to the 2016 Olympic and Paralympic Games. | 20 | | (c) The provisions of this Section regarding the | 21 | | acquisition and possession
of firearms, firearm ammunition, | 22 | | stun guns, and tasers do not apply to law enforcement officials
| 23 | | of this or any other jurisdiction, while engaged in the | 24 | | operation of their
official duties.
| 25 | | (c-5) The provisions of paragraphs (1) and (2) of | 26 | | subsection (a) of this Section regarding the possession of |
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| 1 | | firearms
and firearm ammunition do not apply to the holder of a | 2 | | valid concealed carry
license issued under the Firearm | 3 | | Concealed Carry Act who possesses a is in physical
possession | 4 | | of the concealed carry license. | 5 | | (d) Any person who becomes a resident of this State, who is | 6 | | not otherwise prohibited from obtaining, possessing, or using a | 7 | | firearm or firearm ammunition, shall not be required to have a | 8 | | Firearm Owner's Identification Card to possess firearms or | 9 | | firearms ammunition until 60 calendar days after he or she | 10 | | obtains an Illinois driver's license or Illinois | 11 | | Identification Card. | 12 | | (Source: P.A. 99-29, eff. 7-10-15.)
| 13 | | (430 ILCS 65/3) (from Ch. 38, par. 83-3) | 14 | | Sec. 3. (a) Except as provided in Section 3a, no person may | 15 | | knowingly
transfer, or cause to be transferred, any firearm, | 16 | | firearm ammunition, stun gun, or taser to any person within | 17 | | this State unless the
transferee with whom he or she deals | 18 | | possesses displays either: (1) a currently valid Firearm | 19 | | Owner's
Identification Card which has previously been issued in | 20 | | his or her name by the
Department of State Police under the | 21 | | provisions of this Act; or (2) a currently valid license to | 22 | | carry a concealed firearm which has previously been issued in | 23 | | his or her name by the
Department of State Police under the | 24 | | Firearm Concealed Carry Act. In addition,
all firearm, stun | 25 | | gun, and taser transfers by federally licensed firearm dealers |
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| 1 | | are subject
to Section 3.1. | 2 | | (a-5) Any person who is not a federally licensed firearm | 3 | | dealer and who desires to transfer or sell a firearm while that | 4 | | person is on the grounds of a gun show must, before selling or | 5 | | transferring the firearm, request the Department of State | 6 | | Police to conduct a background check on the prospective | 7 | | recipient of the firearm in accordance with Section 3.1.
| 8 | | (a-10) Notwithstanding item (2) of subsection (a) of this | 9 | | Section, any person who is not a federally licensed firearm | 10 | | dealer and who desires to transfer or sell a firearm or | 11 | | firearms to any person who is not a federally licensed firearm | 12 | | dealer shall, before selling or transferring the firearms, | 13 | | contact the Department of State Police with the transferee's or | 14 | | purchaser's Firearm Owner's Identification Card number to | 15 | | determine the validity of the transferee's or purchaser's | 16 | | Firearm Owner's Identification Card. This subsection (a-10) | 17 | | shall not be effective until January 1, 2014. The Department of | 18 | | State Police may adopt rules concerning the implementation of | 19 | | this subsection (a-10) . The Department of State Police shall | 20 | | provide the seller or transferor an approval number if the | 21 | | purchaser's Firearm Owner's Identification Card is valid. | 22 | | Approvals issued by the Department for the purchase of a | 23 | | firearm pursuant to this subsection are valid for 30 days from | 24 | | the date of issue. | 25 | | (a-15) The provisions of subsection (a-10) of this Section | 26 | | do not apply to: |
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| 1 | | (1) transfers that occur at the place of business of a | 2 | | federally licensed firearm dealer, if the federally | 3 | | licensed firearm dealer conducts a background check on the | 4 | | prospective recipient of the firearm in accordance with | 5 | | Section 3.1 of this Act and follows all other applicable | 6 | | federal, State, and local laws as if he or she were the | 7 | | seller or transferor of the firearm, although the dealer is | 8 | | not required to accept the firearm into his or her | 9 | | inventory. The purchaser or transferee may be required by | 10 | | the federally licensed firearm dealer to pay a fee not to | 11 | | exceed $10 per firearm, which the dealer may retain as | 12 | | compensation for performing the functions required under | 13 | | this paragraph, plus the applicable fees authorized by | 14 | | Section 3.1; | 15 | | (2) transfers as a bona fide gift to the transferor's | 16 | | husband, wife, son, daughter, stepson, stepdaughter, | 17 | | father, mother, stepfather, stepmother, brother, sister, | 18 | | nephew, niece, uncle, aunt, grandfather, grandmother, | 19 | | grandson, granddaughter, father-in-law, mother-in-law, | 20 | | son-in-law, or daughter-in-law; | 21 | | (3) transfers by persons acting pursuant to operation | 22 | | of law or a court order; | 23 | | (4) transfers on the grounds of a gun show under | 24 | | subsection (a-5) of this Section; | 25 | | (5) the delivery of a firearm by its owner to a | 26 | | gunsmith for service or repair, the return of the firearm |
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| 1 | | to its owner by the gunsmith, or the delivery of a firearm | 2 | | by a gunsmith to a federally licensed firearms dealer for | 3 | | service or repair and the return of the firearm to the | 4 | | gunsmith; | 5 | | (6) temporary transfers that occur while in the home of | 6 | | the unlicensed transferee, if the unlicensed transferee is | 7 | | not otherwise prohibited from possessing firearms and the | 8 | | unlicensed transferee reasonably believes that possession | 9 | | of the firearm is necessary to prevent imminent death or | 10 | | great bodily harm to the unlicensed transferee; | 11 | | (7) transfers to a law enforcement or corrections | 12 | | agency or a law enforcement or corrections officer acting | 13 | | within the course and scope of his or her official duties; | 14 | | (8) transfers of firearms that have been rendered | 15 | | permanently inoperable to a nonprofit historical society, | 16 | | museum, or institutional collection; and | 17 | | (9) transfers to a person who is exempt from the | 18 | | requirement of possessing a Firearm Owner's Identification | 19 | | Card under Section 2 of this Act. | 20 | | (a-20) The Department of State Police shall develop an | 21 | | Internet-based system for individuals to determine the | 22 | | validity of a Firearm Owner's Identification Card prior to the | 23 | | sale or transfer of a firearm. The Department shall have the | 24 | | Internet-based system completed and available for use by July | 25 | | 1, 2015. The Department shall adopt rules not inconsistent with | 26 | | this Section to implement this system. |
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| 1 | | (b) Any person within this State who transfers or causes to | 2 | | be
transferred any firearm, stun gun, or taser shall keep a | 3 | | record of such transfer for a period
of 10 years from the date | 4 | | of transfer. Such record shall contain the date
of the | 5 | | transfer; the description, serial number or other information
| 6 | | identifying the firearm, stun gun, or taser if no serial number | 7 | | is available; and, if the
transfer was completed within this | 8 | | State, the transferee's Firearm Owner's
Identification Card | 9 | | number and any approval number or documentation provided by the | 10 | | Department of State Police pursuant to subsection (a-10) of | 11 | | this Section. On or after January 1, 2006, the record shall | 12 | | contain the date of application for transfer of the firearm. On | 13 | | demand of a peace officer such transferor
shall produce for | 14 | | inspection such record of transfer. If the transfer or sale | 15 | | took place at a gun show, the record shall include the unique | 16 | | identification number. Failure to record the unique | 17 | | identification number or approval number is a petty offense.
| 18 | | (b-5) Any resident may purchase ammunition from a person | 19 | | within or outside of Illinois if shipment is by United States | 20 | | mail or by a private express carrier authorized by federal law | 21 | | to ship ammunition. Any resident purchasing ammunition within | 22 | | or outside the State of Illinois must provide the seller with a | 23 | | copy of his or her valid Firearm Owner's Identification Card or | 24 | | valid concealed carry license and either his or her Illinois | 25 | | driver's license or Illinois State Identification Card prior to | 26 | | the shipment of the ammunition. The ammunition may be shipped |
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| 1 | | only to an address on either of those 2 documents. | 2 | | (c) The provisions of this Section regarding the transfer | 3 | | of firearm
ammunition shall not apply to those persons | 4 | | specified in paragraph (b) of
Section 2 of this Act. | 5 | | (Source: P.A. 98-508, eff. 8-19-13; 99-29, eff. 7-10-15.) | 6 | | (430 ILCS 65/6.2 new) | 7 | | Sec. 6.2. Electronic Firearm Owner's Identification Cards. | 8 | | The Department of State Police may develop a system under which | 9 | | the holder of a Firearm Owner's Identification Card may display | 10 | | an electronic version of his or her Firearm Owner's | 11 | | Identification Card on a mobile telephone or other portable | 12 | | electronic device. An electronic version of a Firearm Owner's | 13 | | Identification Card shall contain security features the | 14 | | Department determines to be necessary to ensure that the | 15 | | electronic version is accurate and current and shall satisfy | 16 | | other requirements the Department determines to be necessary | 17 | | regarding form and content. The display or possession of an | 18 | | electronic version of a valid Firearm Owner's Identification | 19 | | Card in accordance with the requirements of the Department | 20 | | satisfies all requirements for the display or possession of a | 21 | | valid Firearm Owner's Identification Card under the laws of | 22 | | this State. The possession or display of an electronic Firearm | 23 | | Owner's Identification Card on a mobile telephone or other | 24 | | portable electronic device does not constitute consent for a | 25 | | law enforcement officer, court, or other officer of the court |
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| 1 | | to access other contents of the mobile telephone or other | 2 | | portable electronic device. The Department may adopt rules to | 3 | | implement this Section. | 4 | | Section 10. The Firearm Concealed Carry Act is amended by | 5 | | adding Section 11 as follows: | 6 | | (430 ILCS 66/11 new) | 7 | | Sec. 11. Electronic concealed carry licenses. The | 8 | | Department of State Police may develop a system under which the | 9 | | holder of a concealed carry license may display an electronic | 10 | | version of his or her license on a mobile telephone or other | 11 | | portable electronic device. An electronic version of a license | 12 | | shall contain security features the Department determines to be | 13 | | necessary to ensure that the electronic version is accurate and | 14 | | current and shall satisfy other requirements the Department | 15 | | determines to be necessary regarding form and content. The | 16 | | display or possession of an electronic version of a license in | 17 | | accordance with the requirements of the Department satisfies | 18 | | all requirements for the display or possession of a valid | 19 | | license under the laws of this State. The possession or display | 20 | | of an electronic license on a mobile telephone or other | 21 | | portable electronic device does not constitute consent for a | 22 | | law enforcement officer, court, or other officer of the court | 23 | | to access other contents of the mobile telephone or other | 24 | | portable electronic device. The Department may adopt rules to |
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| 1 | | implement this Section.
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