093_HB3404

 
                                     LRB093 08572 RLC 08798 b

 1        AN ACT in relation to 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
 8    may  knowingly  transfer,  or  cause  to  be transferred, any
 9    firearm or any firearm ammunition to any person  within  this
10    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  transfers by federally licensed firearm dealers must
15    be in accordance with are subject to Section 3.1. The  person
16    transferring  the  firearm or firearm ammunition must, at the
17    time of the transfer, personally inspect the Firearm  Owner's
18    Identification  Card  to verify the identity of the person to
19    whom the firearm or firearm ammunition is being  transferred.
20    A person may not be convicted of failing to inspect a Firearm
21    Owner's  Identification  Card  prior  to  the  transfer  of a
22    firearm or firearm ammunition to another person if the person
23    proves that  the  person  to  whom  the  firearm  or  firearm
24    ammunition  was transferred possessed a valid Firearm Owner's
25    Identification Card at the time of the transfer.
26        (b)  Any person within this State who transfers or causes
27    to be transferred any firearm must, in a manner and form  the
28    Department  of State Police may by rule prescribe, shall keep
29    a record of such transfer for a period of 10 years  from  the
30    date  of  transfer. Such record shall contain the date of the
31    transfer; the description, serial number or other information
 
                            -2-      LRB093 08572 RLC 08798 b
 1    identifying the firearm if no serial number is available; the
 2    name and address of the person to whom the firearm  is  being
 3    transferred;  and,  if the transfer was completed within this
 4    State, the transferee's Firearm Owner's  Identification  Card
 5    number.  On  demand  of a peace officer such transferor shall
 6    produce for  inspection  such  record  of  transfer.  If  the
 7    transfer  is  completed  to  a  resident  of  Iowa, Missouri,
 8    Indiana, Wisconsin,  or  Kentucky  under  subsection  (b)  of
 9    Section  3a of this Act, the transferor must keep a record of
10    the transferee's  state  driver's  license  number  or  state
11    identification  card  number.  The record of transfer must be
12    made at the time of transfer.  On demand of a  peace  officer
13    such  transferor  shall produce for inspection such record of
14    transfer and if the person  is  a  dealer,  allow  the  peace
15    officer  to inspect all stock on hand. If the transferor does
16    not have each record available for inspection at the time  of
17    the  peace  officer's  demand  for inspection, the transferor
18    must be given 72 hours to produce the records for  inspection
19    at  a  location  and  time  the  peace  officer designates in
20    writing.  A person who negligently fails to keep  or  produce
21    records  as  required  by  this subsection (b) is guilty of a
22    Class B misdemeanor.  A person who wilfully refuses  to  keep
23    records  or  produce  them as required by this subsection (b)
24    must be sentenced as set forth in paragraph (3) of subsection
25    (d).
26        (b-5)  For the purpose  of  subsection  (b),  it  may  be
27    inferred  that  a  person wilfully refused to keep or produce
28    records if:
29             (1)  the person  states  that  he  or  she  did  not
30        transfer  the  firearm  because  the  firearm was lost or
31        stolen, but failed to report the firearm lost  or  stolen
32        under subsection (c-5) of this Section;
33             (2)  the  person  states that the records were lost,
34        stolen, or destroyed, but  failed  to  report  the  loss,
 
                            -3-      LRB093 08572 RLC 08798 b
 1        theft,  or destruction as required by subsection (c-5) of
 2        this Section;
 3             (3)  the information contained in  the  records  was
 4        false; or
 5             (4)  in the absence of evidence to the contrary, the
 6        person's  failure  to  produce  or  keep  records  of the
 7        transfer of a firearm traced to his or her possession  is
 8        unexplained.
 9        (b-10)  A  person may not be convicted of willful failure
10    to keep or produce records if  the  person  proves  that  the
11    records   the  person  produced,  although  incomplete,  were
12    sufficiently  complete  so  as  to  enable  law   enforcement
13    officers  to  clearly identify the person to whom the firearm
14    was transferred.
15        (c)  The  provisions  of  this  Section   regarding   the
16    transfer  of  firearm  ammunition  shall  not  apply to those
17    persons specified in paragraph (b) of Section 2 of this Act.
18        (c-5)(1)  The owner of a firearm must report the loss  or
19    theft  of  a  firearm  to  the  law enforcement agency of the
20    municipality or  unincorporated  area  in  which  he  or  she
21    resides  within  72 hours of his or her discovery of the loss
22    or theft and keep a record of the time and date of the report
23    and of the name of the person and law enforcement  agency  to
24    which the report was made.
25             (2)  Any  person  required  to  keep  records  under
26        subsection   (b)   must   report   the  loss,  theft,  or
27        destruction of those records within 72 hours  of  his  or
28        her  discovery  of the loss, theft, or destruction to the
29        law   enforcement   agency   of   the   municipality   or
30        unincorporated area in which he or she resides and keep a
31        record of the time and date of the report of  the  person
32        and  the  law  enforcement agency to which the report was
33        made.
34             (3)  The information supplied by a person under this
 
                            -4-      LRB093 08572 RLC 08798 b
 1        subsection (c-5) is not admissible in any prosecution  of
 2        the  person  making  the  report  under  any municipal or
 3        county ordinance.
 4             (4)  A person who fails to report the  theft,  loss,
 5        or  destruction of a firearm or of records required to be
 6        kept is guilty of a petty offense and may  be  fined  not
 7        more than $50.
 8             (5)  A  person who knowingly makes a false report of
 9        the loss, theft,  or  destruction  of  a  firearm  or  of
10        firearm records to any employee acting on behalf of a law
11        enforcement agency is guilty of a Class 4 felony.
12        (c-10)  For purposes of this Section, the word "transfer"
13    means  the  selling,  giving  away, loaning, pawning (with or
14    without  consideration),  of  a   firearm   or   of   firearm
15    ammunition.   "Transfer"   does  not  include  the  temporary
16    delivery of a firearm or of firearm ammunition  by  a  person
17    who has a currently valid Firearm Owner's Identification Card
18    to  a person of the age of 18 years or over for inspection of
19    the firearm or firearm ammunition in the  immediate  presence
20    of  the  transferor  where  the  transfer  of  the firearm or
21    firearm ammunition by the transferor and  possession  of  the
22    firearm  or firearm ammunition by the transferee occur on the
23    transferor's own land or in the transferor's place of abode.
24        (c-15)  It may be inferred that a  person  transferred  a
25    firearm  or  firearm  ammunition  when,  in  the absence of a
26    reasonable  explanation  to  the  contrary,  the  firearm  or
27    firearm ammunition has been traced to the possession of  that
28    person and the person no longer has possession of the firearm
29    or firearm ammunition.
30        (d)  Sentence.  (1)  A person who violates subsection (a)
31    by transferring or causing to be transferred  in  this  State
32    any  firearm  to  a  person he or she knows or has reasonable
33    cause to believe does not possess  a  valid  Firearm  Owner's
34    Identification  Card or by failing to inspect the Card before
 
                            -5-      LRB093 08572 RLC 08798 b
 1    transfer of a firearm is guilty of a Class 4 felony. A person
 2    who commits more than one  violation  of  subsection  (a)  as
 3    described in this Section:
 4             (A)  is  guilty  of a Class 3 felony for transfer of
 5        not less than 2 firearms and not more than 5 firearms  at
 6        the same time or within a one-year period;
 7             (B)  is  guilty  of a Class 2 felony for transfer of
 8        not less than 6 firearms and not more than 10 firearms at
 9        the same time or within a 2-year period;
10             (C)  is guilty of a Class 1 felony for  transfer  of
11        not  less  than 11 firearms and not more than 20 firearms
12        at the same time or within a 3-year period;
13             (D)  is guilty of a Class X felony for  transfer  of
14        more than 20 firearms at the same time or within a 4-year
15        period.
16        (2)  A person who violates subsection (a) by transferring
17    or  causing  to  be  transferred  in  this  State any firearm
18    ammunition to a person he or  she  knows  or  has  reasonable
19    cause  to  believe does not possess a currently valid Firearm
20    Owner's  Identification  Card  is  guilty  of   a   Class   A
21    misdemeanor  for  a  first conviction, a Class 4 felony for a
22    second conviction, and a  Class  3  felony  for  a  third  or
23    subsequent conviction.
24        (3)  A  person  who  violates subsection (b) by willfully
25    failing to keep records of  the  transfer  of  a  firearm  is
26    guilty  of  a Class 4 felony. A person who willfully fails to
27    keep records relating  to  the  transfer  of  more  than  one
28    firearm:
29             (A)  is  guilty  of a Class 3 felony for transfer of
30        not less than 2 firearms and not more than 5 firearms  at
31        the same time or within a one-year period;
32             (B)  is  guilty  of a Class 2 felony for transfer of
33        not less than 6 firearms and not more than 10 firearms at
34        the same time or within a 2-year period;
 
                            -6-      LRB093 08572 RLC 08798 b
 1             (C)  is guilty of a Class 1 felony for  transfer  of
 2        not  less  than 11 firearms and not more than 20 firearms
 3        at the same time or within a 3-year period;
 4             (D)  is guilty of a Class X felony for  transfer  of
 5        not  more  than  20 firearms at the same time or within a
 6        4-year period.
 7        (c)  The  provisions  of  this  Section   regarding   the
 8    transfer  of  firearm  ammunition  shall  not  apply to those
 9    persons specified in paragraph (b) of Section 2 of this Act.
10    (Source: P.A. 92-442, eff. 8-17-01.)

11        (430 ILCS 65/14) (from Ch. 38, par. 83-14)
12        Sec. 14.  Sentence.
13        (a)  A violation of paragraph (1) of  subsection  (a)  of
14    Section  2,  when the person's Firearm Owner's Identification
15    Card is expired but the person is not otherwise  disqualified
16    from renewing the card, is a Class A misdemeanor.
17        (b)  Except as provided in subsection (a) with respect to
18    an  expired  card, a violation of paragraph (1) of subsection
19    (a) of Section 2 is a Class A  misdemeanor  when  the  person
20    does   not   possess   a   currently  valid  Firearm  Owner's
21    Identification Card, but is  otherwise  eligible  under  this
22    Act.  A second or subsequent violation is a Class 4 felony.
23        (c)  A  violation  of  paragraph (1) of subsection (a) of
24    Section 2 is a Class 3 felony when:
25             (1)  the  person's  Firearm  Owner's  Identification
26        Card is revoked or subject to revocation under Section 8;
27        or
28             (2)  the  person's  Firearm  Owner's  Identification
29        Card is expired and not otherwise  eligible  for  renewal
30        under this Act; or
31             (3)  the  person  does not possess a currently valid
32        Firearm Owner's Identification Card, and  the  person  is
33        not otherwise eligible under this Act.
 
                            -7-      LRB093 08572 RLC 08798 b
 1        (d)  A  violation  of Section 3 is punishable as provided
 2    in that Section. A violation of subsection (a) of  Section  3
 3    is  a  Class  4 felony. A third or subsequent conviction is a
 4    Class 1 felony.
 5        (d-5)  Any person who knowingly enters false  information
 6    on  an application for a Firearm Owner's Identification Card,
 7    who knowingly gives a false answer to  any  question  on  the
 8    application,  or  who  knowingly  submits  false  evidence in
 9    connection with an application is guilty of a Class 2 felony.
10        (e)  Except as provided by Section 6.1 of this  Act,  any
11    other violation of this Act is a Class A misdemeanor.
12    (Source:  P.A.  91-694,  eff.  4-13-00;  92-414, eff. 1-1-02;
13    92-442, eff. 8-17-01; 92-651, eff. 7-11-02.)