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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.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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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:
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(430 ILCS 65/Act title)
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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.
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(430 ILCS 65/1) (from Ch. 38, par. 83-1)
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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
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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.
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(Source: Laws 1967, p. 2600.)
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(430 ILCS 65/1.1) (from Ch. 38, par. 83-1.1)
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Sec. 1.1. For purposes of this Act:
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"Counterfeit" means to copy or imitate, without legal |
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authority, with
intent
to deceive.
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"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,
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however:
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(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;
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(2) any device used exclusively for signalling or |
safety and required or
recommended by the United States |
Coast Guard or the Interstate Commerce
Commission;
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(3) any device used exclusively for the firing of stud |
cartridges,
explosive rivets or similar industrial |
ammunition; and
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(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
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primarily a collector's item and is not likely to be used |
as a weapon.
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"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:
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(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
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(2) any ammunition designed exclusively for use with a |
stud or rivet
driver or other similar industrial |
ammunition.
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"Stun gun or taser" has the meaning ascribed to it in |
Section 24-1 of the Criminal Code of 1961.
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(Source: P.A. 91-357, eff. 7-29-99; 92-414, eff. 1-1-02.)
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(430 ILCS 65/2) (from Ch. 38, par. 83-2)
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Sec. 2. Firearm Owner's Identification Card required; |
exceptions.
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(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
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previously issued in his or her name by the Department of |
State Police under
the provisions of this Act.
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(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.
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(b) The provisions of this Section regarding the possession |
of firearms,
and firearm ammunition, stun guns, and tasers do |
not apply to:
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(1) United States Marshals, while engaged in the |
operation of their
official duties;
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(2) Members of the Armed Forces of the United States or |
the National
Guard, while engaged in the operation of their |
official duties;
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(3) Federal officials required to carry firearms, |
while engaged in the
operation of their official duties;
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(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;
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(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;
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(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;
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(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;
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(9) Nonresidents whose firearms are unloaded and |
enclosed in a case;
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(10) Nonresidents who are currently licensed or |
registered to possess a
firearm in their resident state;
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(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
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Card;
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(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;
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(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
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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
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Resources;
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(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
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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
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participant in a firearms safety and training course |
recognized by a law
enforcement agency or a national, |
statewide shooting sports organization.
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(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.
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(Source: P.A. 91-694, eff. 4-13-00; 92-839, eff. 8-22-02.)
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(430 ILCS 65/3) (from Ch. 38, par. 83-3)
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Sec. 3. (a) Except as provided in Section 3a, no person may |
knowingly
transfer, or cause to be transferred, any firearm,
or
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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.
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(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
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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.
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(c) The provisions of this Section regarding the transfer |
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of firearm
ammunition shall not apply to those persons |
specified in paragraph (b) of
Section 2 of this Act.
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(Source: P.A. 92-442, eff. 8-17-01.)
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(430 ILCS 65/3.1) (from Ch. 38, par. 83-3.1)
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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
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to provide the service.
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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
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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
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developmental disabilities to obtain
any felony conviction or |
patient hospitalization information which would
disqualify a |
person from obtaining or require revocation of a currently
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valid Firearm Owner's Identification Card.
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The Department of State Police must act as the Illinois |
Point of Contact
for the National Instant Criminal Background |
Check System.
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The Department of State Police shall promulgate rules to |
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implement this
system.
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(Source: P.A. 91-399, eff. 7-30-99.)
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Section 10. The Criminal Code of 1961 is amended by |
changing Section 24-3 as follows:
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(720 ILCS 5/24-3) (from Ch. 38, par. 24-3)
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Sec. 24-3. Unlawful Sale of Firearms.
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(A) A person commits the offense of unlawful sale of |
firearms when he
or she knowingly does any of the following:
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(a) Sells or gives any firearm of a size which may be |
concealed upon the
person to any person under 18 years of |
age.
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(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.
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(c) Sells or gives any firearm to any narcotic addict.
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(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.
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(e) Sells or gives any firearm to any person who has |
been a patient in a
mental hospital within the past 5 |
years.
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(f) Sells or gives any firearms to any person who is |
mentally
retarded.
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(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
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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 |
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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).
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(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)
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"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.
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(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.
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(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):
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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
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principal objective of livelihood and profit, but does not |
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include a person who
makes occasional repairs of firearms |
or who occasionally fits special barrels,
stocks, or |
trigger mechanisms to firearms.
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"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.
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(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 |
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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.
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(C) Sentence.
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(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.
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(2) Any person convicted of unlawful sale of firearms |
in violation of
paragraph (b) or (i) of subsection (A) |
commits a Class 3 felony.
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(3) Any person convicted of unlawful sale of firearms |
in violation of
paragraph (a) of subsection (A) commits a |
Class 2 felony.
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(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
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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 |
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years.
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(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
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commits a
Class 2 felony.
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(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.
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(D) For purposes of this Section:
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"School" means a public or private elementary or secondary |
school,
community college, college, or university.
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"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.
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(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 |