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Public Act 094-0006
Public Act 0006 94TH GENERAL ASSEMBLY
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Public Act 094-0006
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| SB1962 Enrolled |
LRB094 11402 RLC 42294 b |
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| AN ACT concerning firearms.
| Be it enacted by the People of the State of Illinois,
| represented in the General Assembly:
| Section 5. The Firearm Owners Identification Card Act is | amended by changing the title of the Act and Sections 1, 1.1, | 2, 3, and 3.1 as follows:
| (430 ILCS 65/Act title)
| An Act relating to the acquisition,
possession and transfer | of firearms,
and firearm ammunition, stun guns, and tasers, to | provide a
penalty for the violation thereof and to make an | appropriation in
connection therewith.
| (430 ILCS 65/1) (from Ch. 38, par. 83-1)
| Sec. 1. It is hereby declared as a matter of legislative | determination that
in order to promote and protect the health, | safety and welfare of the
public, it is necessary and in the | public interest to provide a system of
identifying persons who | are not qualified to acquire or possess firearms,
and firearm | ammunition, stun guns, and tasers within the State of Illinois | by the establishment of
a system of Firearm Owner's | Identification Cards, thereby establishing a
practical and | workable system by which law enforcement authorities will be
| afforded an opportunity to identify those persons who are | prohibited by
Section 24--3.1 of the "Criminal Code of 1961", | as amended, from
acquiring or possessing firearms and firearm | ammunition and who are prohibited by this Act from acquiring | stun guns and tasers.
| (Source: Laws 1967, p. 2600.)
| (430 ILCS 65/1.1) (from Ch. 38, par. 83-1.1)
| Sec. 1.1. For purposes of this Act:
| "Counterfeit" means to copy or imitate, without legal |
| authority, with
intent
to deceive.
| "Firearm" means any device, by
whatever name known, which | is designed to expel a projectile or projectiles
by the action | of an explosion, expansion of gas or escape of gas; excluding,
| however:
| (1) any pneumatic gun, spring gun, paint ball gun or | B-B gun which
either expels a single globular projectile | not exceeding .18 inch in
diameter and which has a maximum | muzzle velocity of less than 700 feet
per second or | breakable paint balls containing washable marking colors;
| (2) any device used exclusively for signalling or | safety and required or
recommended by the United States | Coast Guard or the Interstate Commerce
Commission;
| (3) any device used exclusively for the firing of stud | cartridges,
explosive rivets or similar industrial | ammunition; and
| (4) an antique firearm (other than a machine-gun) | which, although
designed as a weapon, the Department of | State Police finds by reason of
the date of its | manufacture, value, design, and other characteristics is
| primarily a collector's item and is not likely to be used | as a weapon.
| "Firearm ammunition" means any self-contained cartridge or | shotgun
shell, by whatever name known, which is designed to be | used or adaptable to
use in a firearm; excluding, however:
| (1) any ammunition exclusively designed for use with a | device used
exclusively for signalling or safety and | required or recommended by the
United States Coast Guard or | the Interstate Commerce Commission; and
| (2) any ammunition designed exclusively for use with a | stud or rivet
driver or other similar industrial | ammunition.
| "Stun gun or taser" has the meaning ascribed to it in | Section 24-1 of the Criminal Code of 1961.
| (Source: P.A. 91-357, eff. 7-29-99; 92-414, eff. 1-1-02.)
|
| (430 ILCS 65/2) (from Ch. 38, par. 83-2)
| Sec. 2. Firearm Owner's Identification Card required; | exceptions.
| (a) (1) No person may acquire or possess any firearm, stun | gun, or taser within this State
without having in his or | her possession a Firearm Owner's Identification Card
| previously issued in his or her name by the Department of | State Police under
the provisions of this Act.
| (2) No person may acquire or possess firearm ammunition | within this
State without having in his or her possession a | Firearm Owner's Identification
Card previously issued in | his or her name by the Department of State Police
under the | provisions of this Act.
| (b) The provisions of this Section regarding the possession | of firearms,
and firearm ammunition, stun guns, and tasers do | not apply to:
| (1) United States Marshals, while engaged in the | operation of their
official duties;
| (2) Members of the Armed Forces of the United States or | the National
Guard, while engaged in the operation of their | official duties;
| (3) Federal officials required to carry firearms, | while engaged in the
operation of their official duties;
| (4) Members of bona fide veterans organizations which | receive firearms
directly from the armed forces of the | United States, while using the
firearms for ceremonial | purposes with blank ammunition;
| (5) Nonresident hunters during hunting season, with | valid nonresident
hunting licenses and while in an area | where hunting is permitted; however,
at all other times and | in all other places these persons must have their
firearms | unloaded and enclosed in a case;
| (6) Those hunters exempt from obtaining a hunting | license who are
required to submit their Firearm Owner's | Identification Card when hunting
on Department of Natural | Resources owned or managed sites;
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| (7) Nonresidents while on a firing or shooting range | recognized by the
Department of State Police; however, | these persons must at all other times
and in all other | places have their firearms unloaded and enclosed in a case;
| (8) Nonresidents while at a firearm showing or display | recognized by
the Department of State Police; however, at | all other times and in all
other places these persons must | have their firearms unloaded and enclosed
in a case;
| (9) Nonresidents whose firearms are unloaded and | enclosed in a case;
| (10) Nonresidents who are currently licensed or | registered to possess a
firearm in their resident state;
| (11) Unemancipated minors while in the custody and | immediate control of
their parent or legal guardian or | other person in loco parentis to the
minor if the parent or | legal guardian or other person in loco parentis to
the | minor has a currently valid Firearm Owner's Identification
| Card;
| (12) Color guards of bona fide veterans organizations | or members of bona
fide American Legion bands while using | firearms for ceremonial purposes
with blank ammunition;
| (13) Nonresident hunters whose state of residence does | not require
them to be licensed or registered to possess a | firearm and only during
hunting season, with valid hunting | licenses, while accompanied by, and
using a firearm owned | by, a person who possesses a valid Firearm Owner's
| Identification Card and while in an area within a | commercial club licensed
under the Wildlife Code where | hunting is permitted and controlled, but in
no instance | upon sites owned or managed by the Department of Natural
| Resources;
| (14) Resident hunters who are properly authorized to | hunt and,
while accompanied by a person who possesses a | valid Firearm Owner's
Identification Card, hunt in an area | within a commercial club licensed
under the Wildlife Code | where hunting is permitted and controlled; and
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| (15) A person who is otherwise eligible to obtain a | Firearm Owner's
Identification Card under this Act and is | under the direct supervision of a
holder of a Firearm
| Owner's Identification Card who is 21 years of age or older | while the person is
on a firing or shooting range
or is a
| participant in a firearms safety and training course | recognized by a law
enforcement agency or a national, | statewide shooting sports organization.
| (c) The provisions of this Section regarding the | acquisition and possession
of firearms,
and firearm | ammunition, stun guns, and tasers do not apply to law | enforcement officials
of this or any other jurisdiction, while | engaged in the operation of their
official duties.
| (Source: P.A. 91-694, eff. 4-13-00; 92-839, eff. 8-22-02.)
| (430 ILCS 65/3) (from Ch. 38, par. 83-3)
| Sec. 3. (a) Except as provided in Section 3a, no person may | knowingly
transfer, or cause to be transferred, any firearm,
or
| any firearm ammunition, stun gun, or taser to any person within | this State unless the
transferee with whom he deals displays a | currently valid Firearm Owner's
Identification Card which has | previously been issued in his name by the
Department of State | Police under the provisions of this Act. In addition,
all | firearm, stun gun, and taser transfers by federally licensed | firearm dealers are subject
to Section 3.1.
| (b) Any person within this State who transfers or causes to | be
transferred any firearm, stun gun, or taser shall keep a | record of such transfer for a period
of 10 years from the date | of transfer. Such record shall contain the date
of the | transfer; the description, serial number or other information
| identifying the firearm, stun gun, or taser if no serial number | is available; and, if the
transfer was completed within this | State, the transferee's Firearm Owner's
Identification Card | number. On demand of a peace officer such transferor
shall | produce for inspection such record of transfer.
| (c) The provisions of this Section regarding the transfer |
| of firearm
ammunition shall not apply to those persons | specified in paragraph (b) of
Section 2 of this Act.
| (Source: P.A. 92-442, eff. 8-17-01.)
| (430 ILCS 65/3.1) (from Ch. 38, par. 83-3.1)
| Sec. 3.1. Dial up system. The Department of State Police | shall provide
a dial up telephone system which shall be used by | any federally licensed
firearm dealer who is to transfer a | firearm, stun gun, or taser under the provisions of this
Act. | The Department of State Police shall utilize existing | technology which
allows the caller to be charged a fee | equivalent to the cost of providing
this service but not to | exceed $2. Fees collected by the Department of
State Police | shall be deposited in the State Police Services Fund and used
| to provide the service.
| Upon receiving a request from a federally licensed firearm | dealer, the
Department of State Police shall immediately | approve, or within the time
period established by Section 24-3 | of the Criminal Code of 1961 regarding
the delivery of | firearms, stun guns, and tasers notify the inquiring dealer of | any objection that
would disqualify the transferee from | acquiring or possessing a firearm, stun gun, or taser. In
| conducting the inquiry, the Department of State Police shall | initiate and
complete an automated search of its criminal | history record information
files and those of the Federal | Bureau of Investigation, including the
National Instant | Criminal Background Check System, and of the files of
the | Department of Human Services relating to mental health and
| developmental disabilities to obtain
any felony conviction or | patient hospitalization information which would
disqualify a | person from obtaining or require revocation of a currently
| valid Firearm Owner's Identification Card.
| The Department of State Police must act as the Illinois | Point of Contact
for the National Instant Criminal Background | Check System.
| The Department of State Police shall promulgate rules to |
| implement this
system.
| (Source: P.A. 91-399, eff. 7-30-99.)
| Section 10. The Criminal Code of 1961 is amended by | changing Section 24-3 as follows:
| (720 ILCS 5/24-3) (from Ch. 38, par. 24-3)
| Sec. 24-3. Unlawful Sale of Firearms.
| (A) A person commits the offense of unlawful sale of | firearms when he
or she knowingly does any of the following:
| (a) Sells or gives any firearm of a size which may be | concealed upon the
person to any person under 18 years of | age.
| (b) Sells or gives any firearm to a person under 21 | years of age who has
been convicted of a misdemeanor other | than a traffic offense or adjudged
delinquent.
| (c) Sells or gives any firearm to any narcotic addict.
| (d) Sells or gives any firearm to any person who has | been convicted of a
felony under the laws of this or any | other jurisdiction.
| (e) Sells or gives any firearm to any person who has | been a patient in a
mental hospital within the past 5 | years.
| (f) Sells or gives any firearms to any person who is | mentally
retarded.
| (g) Delivers any firearm of a size which may be | concealed upon the
person, incidental to a sale, without | withholding delivery of such firearm
for at least 72 hours | after application for its purchase has been made, or
| delivers any rifle, shotgun or other long gun, or a stun | gun or taser, incidental to a sale,
without withholding | delivery of such rifle, shotgun or other long gun, or a | stun gun or taser for
at least 24 hours after application | for its purchase has been made. However,
this paragraph (g) | does not apply to: (1) the sale of a firearm
to a law | enforcement officer or a person who desires to purchase a |
| firearm for
use in promoting the public interest incident | to his or her employment as a
bank guard, armed truck | guard, or other similar employment; (2) a mail
order sale | of a firearm to a nonresident of Illinois under which the | firearm
is mailed to a point outside the boundaries of | Illinois; (3) the sale
of a firearm to a nonresident of | Illinois while at a firearm showing or display
recognized | by the Illinois Department of State Police; or (4) the sale | of a
firearm to a dealer licensed as a federal firearms | dealer under Section 923
of the federal Gun Control Act of | 1968 (18 U.S.C. 923).
| (h) While holding any license
as a dealer,
importer, | manufacturer or pawnbroker
under the federal Gun Control | Act of 1968,
manufactures, sells or delivers to any | unlicensed person a handgun having
a barrel, slide, frame | or receiver which is a die casting of zinc alloy or
any | other nonhomogeneous metal which will melt or deform at a | temperature
of less than 800 degrees Fahrenheit. For | purposes of this paragraph, (1)
"firearm" is defined as in | the Firearm Owners Identification Card Act; and (2)
| "handgun" is defined as a firearm designed to be held
and | fired by the use of a single hand, and includes a | combination of parts from
which such a firearm can be | assembled.
| (i) Sells or gives a firearm of any size to any person | under 18 years of
age who does not possess a valid Firearm | Owner's Identification Card.
| (j) Sells or gives a firearm while engaged in the | business of selling
firearms at wholesale or retail without | being licensed as a federal firearms
dealer under Section | 923 of the federal Gun Control Act of 1968 (18 U.S.C.
923). | In this paragraph (j):
| A person "engaged in the business" means a person who | devotes time,
attention, and
labor to
engaging in the | activity as a regular course of trade or business with the
| principal objective of livelihood and profit, but does not |
| include a person who
makes occasional repairs of firearms | or who occasionally fits special barrels,
stocks, or | trigger mechanisms to firearms.
| "With the principal objective of livelihood and | profit" means that the
intent
underlying the sale or | disposition of firearms is predominantly one of
obtaining | livelihood and pecuniary gain, as opposed to other intents, | such as
improving or liquidating a personal firearms | collection; however, proof of
profit shall not be required | as to a person who engages in the regular and
repetitive | purchase and disposition of firearms for criminal purposes | or
terrorism.
| (k) Sells or transfers ownership of a firearm to a | person who does not display to the seller or transferor of | the firearm a currently valid Firearm Owner's | Identification Card that has previously been issued in the | transferee's name by the Department of State Police under | the provisions of the Firearm Owners Identification Card | Act. This paragraph (k) does not apply to the transfer of a | firearm to a person who is exempt from the requirement of | possessing a Firearm Owner's Identification Card under | Section 2 of the Firearm Owners Identification Card Act. | For the purposes of this Section, a currently valid Firearm | Owner's Identification Card means (i) a Firearm Owner's | Identification Card that has not expired or (ii) if the | transferor is licensed as a federal firearms dealer under | Section 923 of the federal Gun Control Act of 1968 (18 | U.S.C. 923), an approval number issued in accordance with | Section 3.1 of the Firearm Owners Identification Card Act | shall be proof that the Firearm Owner's Identification Card | was valid. | (B) Paragraph (h) of subsection (A) does not include | firearms sold within 6
months after enactment of Public
Act | 78-355 (approved August 21, 1973, effective October 1, 1973), | nor is any
firearm legally owned or
possessed by any citizen or | purchased by any citizen within 6 months after the
enactment of |
| Public Act 78-355 subject
to confiscation or seizure under the | provisions of that Public Act. Nothing in
Public Act 78-355 | shall be construed to prohibit the gift or trade of
any firearm | if that firearm was legally held or acquired within 6 months | after
the enactment of that Public Act.
| (C) Sentence.
| (1) Any person convicted of unlawful sale of firearms | in violation of
any of paragraphs (c) through (h) of | subsection (A) commits a Class
4
felony.
| (2) Any person convicted of unlawful sale of firearms | in violation of
paragraph (b) or (i) of subsection (A) | commits a Class 3 felony.
| (3) Any person convicted of unlawful sale of firearms | in violation of
paragraph (a) of subsection (A) commits a | Class 2 felony.
| (4) Any person convicted of unlawful sale of firearms | in violation of
paragraph (a), (b), or (i) of subsection | (A) in any school, on the real
property comprising a | school, within 1,000 feet of the real property comprising
a | school, at a school related activity, or on or within 1,000 | feet of any
conveyance owned, leased, or contracted by a | school or school district to
transport students to or from | school or a school related activity,
regardless of the time | of day or time of year at which the offense
was committed, | commits a Class 1 felony. Any person convicted of a second
| or subsequent violation of unlawful sale of firearms in | violation of paragraph
(a), (b), or (i) of subsection (A) | in any school, on the real property
comprising a school, | within 1,000 feet of the real property comprising a
school, | at a school related activity, or on or within 1,000 feet of | any
conveyance owned, leased, or contracted by a school or | school district to
transport students to or from school or | a school related activity,
regardless of the time of day or | time of year at which the offense
was committed, commits a | Class 1 felony for which the sentence shall be a
term of | imprisonment of no less than 5 years and no more than 15 |
| years.
| (5) Any person convicted of unlawful sale of firearms | in violation of
paragraph (a) or (i) of subsection (A) in | residential property owned,
operated, or managed by a | public housing agency or leased by a public housing
agency | as part of a scattered site or mixed-income development, in | a public
park, in a
courthouse, on residential property | owned, operated, or managed by a public
housing agency or | leased by a public housing agency as part of a scattered | site
or mixed-income development, on the real property | comprising any public park,
on the real
property comprising | any courthouse, or on any public way within 1,000 feet
of | the real property comprising any public park, courthouse, | or residential
property owned, operated, or managed by a | public housing agency or leased by a
public housing agency | as part of a scattered site or mixed-income development
| commits a
Class 2 felony.
| (6) Any person convicted of unlawful sale of firearms | in violation of
paragraph (j) of subsection (A) commits a | Class A misdemeanor. A second or
subsequent violation is a | Class 4 felony. | (7) Any person convicted of unlawful sale of firearms | in violation of paragraph (k) of subsection (A) commits a | Class 4 felony. A third or subsequent conviction for a | violation of paragraph (k) of subsection (A) is a Class 1 | felony.
| (D) For purposes of this Section:
| "School" means a public or private elementary or secondary | school,
community college, college, or university.
| "School related activity" means any sporting, social, | academic, or
other activity for which students' attendance or | participation is sponsored,
organized, or funded in whole or in | part by a school or school district.
| (E) A prosecution for a violation of paragraph (k) of | subsection (A) of this Section may be commenced within 6 years | after the commission of the offense. A prosecution for a |
| violation of this Section other than paragraph (g) of | subsection (A) of this Section may be commenced within 5 years | after the commission of the offense defined in the particular | paragraph.
| (Source: P.A. 93-162, eff. 7-10-03; 93-906, eff. 8-11-04.)
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Effective Date: 1/1/2006
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