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92_HB3340 LRB9200804DJgc 1 AN ACT to amend the Firearm Owners Identification Card 2 Act by changing Sections 1.1, 3.1, 4, 5, and 14 and adding 3 Section 9.1. 4 Be it enacted by the People of the State of Illinois, 5 represented in the General Assembly: 6 Section 5. The Firearm Owners Identification Card Act is 7 amended by changing Sections 1.1, 3.1, 4, 5, and 14 and 8 adding Section 9.1 as follows: 9 (430 ILCS 65/1.1) (from Ch. 38, par. 83-1.1) 10 Sec. 1.1. For purposes of this Act: 11 "Firearm" means any device, by whatever name known, which 12 is designed to expel a projectile or projectiles by the 13 action of an explosion, expansion of gas or escape of gas; 14 excluding, however: 15 (1) any pneumatic gun, spring gun, paint ball gun 16 or B-B gun which either expels a single globular 17 projectile not exceeding .18 inch in diameter and which 18 has a maximum muzzle velocity of less than 700 feet per 19 second or breakable paint balls containing washable 20 marking colors; 21 (2) any device used exclusively for signalling or 22 safety and required or recommended by the United States 23 Coast Guard or the Interstate Commerce Commission; 24 (3) any device used exclusively for the firing of 25 stud cartridges, explosive rivets or similar industrial 26 ammunition; and 27 (4) an antique firearm (other than a machine-gun) 28 which, although designed as a weapon, the Department of 29 State Police finds by reason of the date of its 30 manufacture, value, design, and other characteristics is 31 primarily a collector's item and is not likely to be used -2- LRB9200804DJgc 1 as a weapon. 2 "Firearm ammunition" means any self-contained cartridge 3 or shotgun shell, by whatever name known, which is designed 4 to be used or adaptable to use in a firearm; excluding, 5 however: 6 (1) any ammunition exclusively designed for use 7 with a device used exclusively for signalling or safety 8 and required or recommended by the United States Coast 9 Guard or the Interstate Commerce Commission; and 10 (2) any ammunition designed exclusively for use 11 with a stud or rivet driver or other similar industrial 12 ammunition. 13 "Gun show" means any event at which firearms are 14 exhibited or offered for sale, transferred, or exchanged by 2 15 or more persons, regardless of whether other items are also 16 offered for sale, transfer, or exchange. 17 "Gun show promoter/organizer" means one or more persons 18 who perform one or more of the following activities: 19 scheduling, organizing, overseeing, arranging, promoting, or 20 supervising a gun show as defined in this Section. 21 "Gun show vendor" means a person, other than a federally 22 licensed firearms dealer, who exhibits any firearm at a gun 23 show, or who offers to sell, transfer, or exchange any 24 firearm at a gun show, or who sells, transfers, or exchanges 25 any firearm at a gun show. 26 (Source: P.A. 91-357, eff. 7-29-99.) 27 (430 ILCS 65/3.1) (from Ch. 38, par. 83-3.1) 28 Sec. 3.1. Firearm transfer inquiry systemDial up system. 29 The Department of State Police shall provide a firearm 30 transfer inquirydial up telephonesystem utilizing available 31 technology which shall be used, in the form and manner 32 prescribed by the Director of State Police, by any federally 33 licensed firearm dealer who is to transfer a firearm under -3- LRB9200804DJgc 1 the provisions of this Act or by a promoter/organizer of a 2 gun show at which a firearm is to be sold, transferred, or 3 exchanged. The Department of State Police shall charge 4utilize existing technology which allows the caller to be5chargeda fee for each inquiry to be set by the Director of 6 State Police not to exceed actual program operating costs 7equivalent to the cost of providing this service but not to8exceed $2. Fees collected by the Department of State Police 9 shall be deposited in the State Police Services Fund and used 10 to provide the service. 11 Upon receiving a request for a background inquiry from a 12 federally licensed firearm dealer or a gun show 13 promoter/organizer, the Department of State Police shall 14 immediately approve, or within the time period established by 15 Section 24-3 of the Criminal Code of 1961 regarding the 16 delivery of firearms, notify the inquiring dealer or gun show 17 promoter/organizer of any objection that would disqualify the 18 transferee from acquiring or possessing a firearm. In 19 conducting the inquiry, the Department of State Police shall 20 initiate and complete an automated search of its criminal 21 history record information files and those of the Federal 22 Bureau of Investigation, including the National Instant 23 Criminal Background Check System, and of the files of the 24 Department of Human Services relating to mental health and 25 developmental disabilities to obtain any felony conviction or 26 patient hospitalization information which would disqualify a 27 person from obtaining or require revocation of a currently 28 valid Firearm Owner's Identification Card. 29 The Department of State Police must act as the Illinois 30 Point of Contact for the National Instant Criminal Background 31 Check System. 32 The Department of State Police shall promulgate rules to 33 implement this system. 34 (Source: P.A. 91-399, eff. 7-30-99.) -4- LRB9200804DJgc 1 (430 ILCS 65/4) (from Ch. 38, par. 83-4) 2 Sec. 4. (a) Each applicant for a Firearm Owner's 3 Identification Card must: 4 (1) Make application in the form and manner 5 prescribed by the Director ofon blank forms prepared and6furnished at convenient locations throughout the State by7the Department ofState Police; and 8 (2) Submit evidence under penalty of perjury to the 9 Department of State Police that: 10 (i) He or she is 21 years of age or over, or 11 if he or she is under 21 years of age that he or she 12 has the written consent of his or her parent or 13 legal guardian to possess and acquire firearms and 14 firearm ammunition and that he or she has never been 15 convicted of a misdemeanor other than a traffic 16 offense or adjudged delinquent, provided, however, 17 that such parent or legal guardian is not an 18 individual prohibited from having a Firearm Owner's 19 Identification Card and files an affidavit with the 20 Department as prescribed by the Department stating 21 that he or she is not an individual prohibited from 22 having a Card; 23 (ii) He or she has not been convicted of a 24 felony under the laws of this or any other 25 jurisdiction; 26 (iii) He or she is not addicted to narcotics; 27 (iv) He or she has not been a patient in a 28 mental institution within the past 5 years; 29 (v) He or she is not mentally retarded; 30 (vi) He or she is not an alien who is 31 unlawfully present in the United States under the 32 laws of the United States; 33 (vii) He or she is not subject to an existing 34 order of protection prohibiting him or her from -5- LRB9200804DJgc 1 possessing a firearm; 2 (viii) He or she has not been convicted within 3 the past 5 years of battery, assault, aggravated 4 assault, violation of an order of protection, or a 5 substantially similar offense in another 6 jurisdiction, in which a firearm was used or 7 possessed; 8 (ix) He or she has not been convicted of 9 domestic battery or a substantially similar offense 10 in another jurisdiction committed on or after the 11 effective date of this amendatory Act of 1997; and 12 (x) He or she has not been convicted within 13 the past 5 years of domestic battery or a 14 substantially similar offense in another 15 jurisdiction committed before the effective date of 16 this amendatory Act of 1997; and 17 (3) Upon request by the Department of State Police, 18 sign a release on a form prescribed by the Department of 19 State Police waiving any right to confidentiality and 20 requesting the disclosure to the Department of State 21 Police of limited mental health institution admission 22 information from another state, the District of Columbia, 23 any other territory of the United States, or a foreign 24 nation concerning the applicant for the sole purpose of 25 determining whether the applicant is or was a patient in 26 a mental health institution and disqualified because of 27 that status from receiving a Firearm Owner's 28 Identification Card. No mental health care or treatment 29 records may be requested. The information received shall 30 be destroyed within one year of receipt. 31 (a-5) For the purposes of accurate identification, the 32 applicant shall be required to make an in-person application 33 at a participating law enforcement agency, State facility, or 34 other location as designated by the Director of State Police. -6- LRB9200804DJgc 1 The applicant shall produce documentation of his or her 2 identity in the form and manner prescribed by the Director. 3 (b) Each application form shall include the following 4 statement printed in bold type: "Warning: False statements 5 of the applicant shall result in prosecution for perjury in 6 accordance with Section 32-2 of the Criminal Code of 1961.". 7 (c) Upon such written consent, pursuant to Section 4, 8 paragraph (a) (2) (i), the parent or legal guardian giving 9 the consent shall be liable for any damages resulting from 10 the applicant's use of firearms or firearm ammunition. 11 (Source: P.A. 90-493, eff. 1-1-98; 91-514, eff. 1-1-00; 12 91-694, eff. 4-13-00.) 13 (430 ILCS 65/5) (from Ch. 38, par. 83-5) 14 Sec. 5. The Department of State Police shall either 15 approve or deny all applications within 30 days from the date 16 they are received, and every applicant found qualified 17 pursuant to Section 8 of this Act by the Department shall be 18 entitled to a Firearm Owner's Identification Card upon the 19 payment of a$5fee to be set by the Director of State Police 20 not to exceed actual program operating costs. $3 of each fee 21 derived from the issuance of Firearm Owner's Identification 22 Cards, or renewals thereof, shall be deposited in the 23 Wildlife and Fish Fund in the State Treasury; $1 of such fee 24 shall be deposited in the General Revenue Fund in the State 25 Treasury; and the remainder$1of such fee shall be deposited 26 in the Firearm Owner's Notification Fund. Monies in the 27 Firearm Owner's Notification Fund shall be usedexclusively28 to pay for the cost of sending notices of expiration of 29 Firearm Owner's Identification Cards under Section 13.2 of 30 this Act and. Excess monies in the Firearm Owner's31Notification Fund shall be usedto ensure the prompt and 32 efficient processing of applications received under Section 4 33 of this Act. -7- LRB9200804DJgc 1 (Source: P.A. 84-1426.) 2 (430 ILCS 65/9.1 new) 3 Sec. 9.1. Surrender of revoked cards. Upon receiving 4 notification that his or her Firearm Owner's Identification 5 Card has been revoked, the card holder shall immediately 6 surrender his or her card to the nearest law enforcement 7 facility or forward the card by registered U.S. mail to the 8 Department of State Police. Attempted use of a revoked 9 Firearm Owner's Identification Card shall be considered a 10 violation of this Section. 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 -8- LRB9200804DJgc 1 not otherwise eligible under this Act. 2 (d) A violation of subsection (a) of Section 3 is a 3 Class 4 felony. 4 (d-5) A second or subsequent violation of subsection (b) 5 of Section 3 is a Class 4 felony. 6 (d-10) A violation of Section 9.1 is a Class 4 felony. 7 (e) Any other violation of this Act is a Class A 8 misdemeanor. 9 (Source: P.A. 91-694, eff. 4-13-00.)