Sen. John M. Sullivan
Filed: 3/7/2005
 
 

 




 

 		












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AMENDMENT TO SENATE BILL 342 




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    AMENDMENT NO. ______. Amend Senate Bill 342 by replacing 
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the title with the following:
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    "AN ACT concerning firearms."; and

 
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by replacing everything after the enacting clause with the 
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following:
 
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    "Section 5. The Firearm Owners Identification Card Act is 
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amended  by changing Section 2 as follows:
 



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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; 
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exceptions. 


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    (a) (1) No person may acquire or possess any firearm within 
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    this State
without having in his or her possession a 
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    Firearm Owner's Identification Card
previously issued in 
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    his or her name by the Department of State Police under
the 
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    provisions of this Act.


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        (2) No person may acquire or possess firearm ammunition 
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    within this
State without having in his or her possession a 
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    Firearm Owner's Identification
Card previously issued in 
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    his or her name by the Department of State Police
under the 
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    provisions of this Act.

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    (b) The provisions of this Section regarding the possession 
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of firearms
and firearm ammunition do not apply to:


 


 






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        (1) United States Marshals, while engaged in the 
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    operation of their
official duties;


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        (2) Members of the Armed Forces of the United States or 
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    the National
Guard, while engaged in the operation of their 
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    official duties;


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        (3) Federal officials required to carry firearms, 
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    while engaged in the
operation of their official duties;


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        (4) Members of bona fide veterans organizations which 
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    receive firearms
directly from the armed forces of the 
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    United States, while using the
firearms for ceremonial 
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    purposes with blank ammunition;


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        (5) Nonresident hunters during hunting season, with 
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    valid nonresident
hunting licenses and while in an area 
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    where hunting is permitted; however,
at all other times and 
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    in all other places these persons must have their
firearms 
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    unloaded and enclosed in a case;


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        (6) Those hunters exempt from obtaining a hunting 
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    license who are
required to submit their Firearm Owner's 
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    Identification Card when hunting
on Department of Natural 
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    Resources owned or managed sites;


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        (7) Nonresidents while on a firing or shooting range 
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    recognized by the
Department of State Police; however, 
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    these persons must at all other times
and in all other 
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    places have their firearms unloaded and enclosed in a case;


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        (8) Nonresidents while at a firearm showing or display 
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    recognized by
the Department of State Police; however, at 
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    all other times and in all
other places these persons must 
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    have their firearms unloaded and enclosed
in a case;


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        (9) Nonresidents whose firearms are unloaded and 
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    enclosed in a case;


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        (10) Nonresidents who are currently licensed or 
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    registered to possess a
firearm in their resident state;


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        (11) Unemancipated minors while in the custody and 
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    immediate control of
their parent or legal guardian or 
 


 






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    other person in loco parentis to the
minor if the parent or 
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    legal guardian or other person in loco parentis to
the 
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    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 
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    or members of bona
fide American Legion bands while using 
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    firearms for ceremonial purposes
with blank ammunition;


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        (13) Nonresident hunters whose state of residence does 
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    not require
them to be licensed or registered to possess a 
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    firearm and only during
hunting season, with valid hunting 
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    licenses, while accompanied by, and
using a firearm owned 
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    by, a person who possesses a valid Firearm Owner's

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    Identification Card and while in an area within a 
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    commercial club licensed
under the Wildlife Code where 
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    hunting is permitted and controlled, but in
no instance 
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    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 
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    hunt and,
while accompanied by a person who possesses a 
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    valid Firearm Owner's
Identification Card, hunt in an area 
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    within a commercial club licensed
under the Wildlife Code 
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    where hunting is permitted and controlled; and


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        (15) A person who is otherwise eligible to obtain a 
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    Firearm Owner's
Identification Card under this Act and is 
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    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 
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    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 
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    recognized by a law
enforcement agency or a national, 
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    statewide shooting sports organization; and .

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        (16) Illinois residents, including active duty 
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    military personnel currently stationed in Illinois, who 
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    are in possession of a current, valid identification card 
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    issued by the United States Uniformed Services. The 
 


 






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    identification card shall be accepted in lieu of a Firearm 
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    Owner's Identification Card in all instances under the laws 
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    of Illinois where a Firearm Owner's Identification Card is 
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    required. The branch of service shall be recorded in place 
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    of the Firearm Owner's Identification Card number in any 
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    matter that requires the recording of the Firearm Owner's 
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    Identification Card number.

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    (c) The provisions of this Section regarding the 
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acquisition and possession
of firearms and firearm ammunition 
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do not apply to law enforcement officials
of this or any other 
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jurisdiction, while engaged in the operation of their
official 
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duties.

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(Source: P.A. 91-694, eff. 4-13-00; 92-839, eff. 8-22-02.)

 

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    Section 99. Effective date. This Act takes effect upon 
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becoming law.".