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1 | AN ACT concerning firearms.
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2 | Be it enacted by the People of the State of Illinois, | ||||||
3 | represented in the General Assembly:
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4 | Section 5. The Firearm Owners Identification Card Act is | ||||||
5 | amended by changing Sections 1.1, 3, 3.1, 3a, and 5 as follows:
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6 | (430 ILCS 65/1.1) (from Ch. 38, par. 83-1.1)
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7 | Sec. 1.1. For purposes of this Act:
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8 | "Counterfeit" means to copy or imitate, without legal | ||||||
9 | authority, with
intent
to deceive. | ||||||
10 | "Federally licensed firearm dealer" means a person who is | ||||||
11 | licensed as a federal firearms dealer under Section 923 of the | ||||||
12 | federal Gun Control Act of 1968 (18 U.S.C. 923).
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13 | "Firearm" means any device, by
whatever name known, which | ||||||
14 | is designed to expel a projectile or projectiles
by the action | ||||||
15 | of an explosion, expansion of gas or escape of gas; excluding,
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16 | however:
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17 | (1) any pneumatic gun, spring gun, paint ball gun or | ||||||
18 | B-B gun which
either expels a single globular projectile | ||||||
19 | not exceeding .18 inch in
diameter and which has a maximum | ||||||
20 | muzzle velocity of less than 700 feet
per second or | ||||||
21 | breakable paint balls containing washable marking colors;
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22 | (2) any device used exclusively for signalling or | ||||||
23 | safety and required or
recommended by the United States | ||||||
24 | Coast Guard or the Interstate Commerce
Commission;
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25 | (3) any device used exclusively for the firing of stud | ||||||
26 | cartridges,
explosive rivets or similar industrial | ||||||
27 | ammunition; and
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28 | (4) an antique firearm (other than a machine-gun) | ||||||
29 | which, although
designed as a weapon, the Department of | ||||||
30 | State Police finds by reason of
the date of its | ||||||
31 | manufacture, value, design, and other characteristics is
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32 | primarily a collector's item and is not likely to be used |
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1 | as a weapon.
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2 | "Firearm ammunition" means any self-contained cartridge or | ||||||
3 | shotgun
shell, by whatever name known, which is designed to be | ||||||
4 | used or adaptable to
use in a firearm; excluding, however:
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5 | (1) any ammunition exclusively designed for use with a | ||||||
6 | device used
exclusively for signalling or safety and | ||||||
7 | required or recommended by the
United States Coast Guard or | ||||||
8 | the Interstate Commerce Commission; and
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9 | (2) any ammunition designed exclusively for use with a | ||||||
10 | stud or rivet
driver or other similar industrial | ||||||
11 | ammunition. | ||||||
12 | "Gun show" means an event or function: | ||||||
13 | (1) at which the sale and transfer of firearms is the | ||||||
14 | regular and normal course of business and where 50 or more | ||||||
15 | firearms are displayed, offered, or exhibited for sale, | ||||||
16 | transfer, or exchange; or | ||||||
17 | (2) at which not less than 10 gun show vendors display, | ||||||
18 | offer, or exhibit for sale, sell, transfer, or exchange | ||||||
19 | firearms.
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20 | "Gun show" includes the entire premises provided for an | ||||||
21 | event or function, including parking areas for the event or | ||||||
22 | function, that is sponsored to facilitate the purchase, sale, | ||||||
23 | transfer, or exchange of firearms as described in this Section.
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24 | "Gun show" does not include training or safety classes, | ||||||
25 | competitive shooting events, such as rifle, shotgun, or handgun | ||||||
26 | matches, trap, skeet, or sporting clays shoots, dinners, | ||||||
27 | banquets, raffles, or
any other event where the sale or | ||||||
28 | transfer of firearms is not the primary course of business. | ||||||
29 | "Gun show promoter" means a person who organizes or | ||||||
30 | operates a gun show. | ||||||
31 | "Gun show vendor" means a person who exhibits, sells, | ||||||
32 | offers for sale, transfers, or exchanges any firearms at a gun | ||||||
33 | show, regardless of whether the person arranges with a gun show | ||||||
34 | promoter for a fixed location from which to exhibit, sell, | ||||||
35 | offer for sale, transfer, or exchange any firearm. | ||||||
36 | "Sanctioned competitive shooting event" means a shooting |
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1 | contest officially recognized by a national or state shooting | ||||||
2 | sport association, and includes any sight-in or practice | ||||||
3 | conducted in conjunction with the event.
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4 | (Source: P.A. 91-357, eff. 7-29-99; 92-414, eff. 1-1-02.)
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5 | (430 ILCS 65/3) (from Ch. 38, par. 83-3)
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6 | Sec. 3. (a) Except as provided in Section 3a, no person may | ||||||
7 | knowingly
transfer, or cause to be transferred, any firearm or
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8 | any firearm ammunition to any person within this State unless | ||||||
9 | the
transferee with whom he deals displays a currently valid | ||||||
10 | Firearm Owner's
Identification Card which has previously been | ||||||
11 | issued in his name by the
Department of State Police under the | ||||||
12 | provisions of this Act. In addition,
all firearm transfers by | ||||||
13 | federally licensed firearm dealers are subject
to Section 3.1.
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14 | (a-5) Any person who is not a federally licensed firearm | ||||||
15 | dealer and who desires to transfer or sell a firearm while that | ||||||
16 | person is on the grounds of a gun show must, before selling or | ||||||
17 | transferring the firearm, request the Department of State | ||||||
18 | Police to conduct a background check on the prospective | ||||||
19 | recipient of the firearm in accordance with Section 3.1.
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20 | (b) Any person within this State who transfers or causes to | ||||||
21 | be
transferred any firearm shall keep a record of such transfer | ||||||
22 | for a period
of 10 years from the date of transfer. Such record | ||||||
23 | shall contain the date
of the transfer; the description, serial | ||||||
24 | number or other information
identifying the firearm if no | ||||||
25 | serial number is available; and, if the
transfer was completed | ||||||
26 | within this State, the transferee's Firearm Owner's
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27 | Identification Card number. On demand of a peace officer such | ||||||
28 | transferor
shall produce for inspection such record of | ||||||
29 | transfer. If the transfer or sale took place at a gun show, the | ||||||
30 | record shall include the unique identification number. Failure | ||||||
31 | to record the unique identification number is a petty offense.
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32 | (c) The provisions of this Section regarding the transfer | ||||||
33 | of firearm
ammunition shall not apply to those persons | ||||||
34 | specified in paragraph (b) of
Section 2 of this Act.
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35 | (Source: P.A. 92-442, eff. 8-17-01.)
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1 | (430 ILCS 65/3.1) (from Ch. 38, par. 83-3.1)
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2 | Sec. 3.1. Dial up system. | ||||||
3 | (a) The Department of State Police shall provide
a dial up | ||||||
4 | telephone system or utilize other existing technology which | ||||||
5 | shall be used by any federally licensed
firearm dealer , gun | ||||||
6 | show promoter, or gun show vendor who is to transfer a firearm | ||||||
7 | under the provisions of this
Act. The Department of State | ||||||
8 | Police may
shall utilize existing technology which
allows the | ||||||
9 | caller to be charged a fee equivalent to the cost of providing
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10 | this service but not to exceed $2. Fees collected by the | ||||||
11 | Department of
State Police shall be deposited in the State | ||||||
12 | Police Services Fund and used
to provide the service.
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13 | (b) Upon receiving a request from a federally licensed | ||||||
14 | firearm dealer, gun show promoter, or gun show vendor, the
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15 | Department of State Police shall immediately approve, or within | ||||||
16 | the time
period established by Section 24-3 of the Criminal | ||||||
17 | Code of 1961 regarding
the delivery of firearms, notify the | ||||||
18 | inquiring dealer , gun show promoter, or gun show vendor of any | ||||||
19 | objection that
would disqualify the transferee from acquiring | ||||||
20 | or possessing a firearm. In
conducting the inquiry, the | ||||||
21 | Department of State Police shall initiate and
complete an | ||||||
22 | automated search of its criminal history record information
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23 | files and those of the Federal Bureau of Investigation, | ||||||
24 | including the
National Instant Criminal Background Check | ||||||
25 | System, and of the files of
the Department of Human Services | ||||||
26 | relating to mental health and
developmental disabilities to | ||||||
27 | obtain
any felony conviction or patient hospitalization | ||||||
28 | information which would
disqualify a person from obtaining or | ||||||
29 | require revocation of a currently
valid Firearm Owner's | ||||||
30 | Identification Card. | ||||||
31 | (c) If receipt of a firearm would not violate Section 24-3 | ||||||
32 | of the Criminal Code of 1961, federal law, or this Act the | ||||||
33 | Department of State Police shall: | ||||||
34 | (1) assign a unique identification number to the | ||||||
35 | transfer; and |
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1 | (2) provide the licensee, gun show promoter, or gun | ||||||
2 | show vendor with the number. | ||||||
3 | (d) Approvals issued by the Department of State Police for | ||||||
4 | the purchase of a firearm are valid for 30 days from the date | ||||||
5 | of issue.
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6 | (e) The Department of State Police must act as the Illinois | ||||||
7 | Point of Contact
for the National Instant Criminal Background | ||||||
8 | Check System.
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9 | (f) The Department of State Police shall promulgate rules | ||||||
10 | not inconsistent with this Section to implement this
system.
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11 | (Source: P.A. 91-399, eff. 7-30-99.)
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12 | (430 ILCS 65/3a) (from Ch. 38, par. 83-3a)
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13 | Sec. 3a. (a) Any resident of Illinois who has obtained a | ||||||
14 | firearm
owner's identification card pursuant to this Act and | ||||||
15 | who is not otherwise
prohibited from obtaining, possessing or | ||||||
16 | using a firearm may purchase or
obtain a rifle or shotgun or | ||||||
17 | ammunition for a rifle or shotgun in Iowa,
Missouri, Indiana, | ||||||
18 | Wisconsin or Kentucky.
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19 | (b) Any resident of Iowa, Missouri, Indiana, Wisconsin or | ||||||
20 | Kentucky
or a
non-resident with a valid non-resident hunting | ||||||
21 | license, who
is 18 years of age or older and who is not | ||||||
22 | prohibited by the laws of
Illinois, the state of his domicile, | ||||||
23 | or the United States from obtaining,
possessing or using a | ||||||
24 | firearm, may purchase or obtain a rifle,
shotgun or
ammunition | ||||||
25 | for a rifle or shotgun in Illinois.
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26 | (b-5) Any non-resident who is participating in a sanctioned | ||||||
27 | competitive
shooting
event, who is 18 years of age or older and | ||||||
28 | who is not prohibited by the laws of
Illinois,
the state of his | ||||||
29 | or her domicile, or the United States from obtaining,
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30 | possessing, or using
a firearm, may purchase or obtain a | ||||||
31 | shotgun or shotgun ammunition in Illinois
for the
purpose of | ||||||
32 | participating in that event. A person may purchase or obtain a
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33 | shotgun or
shotgun ammunition under this subsection only at the | ||||||
34 | site where the sanctioned
competitive shooting event is being | ||||||
35 | held.
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1 | For purposes of this subsection, "sanctioned competitive
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2 | shooting event" means a shooting contest officially recognized | ||||||
3 | by a national or
state shooting sport association, and includes | ||||||
4 | any sight-in or practice
conducted in conjunction with the | ||||||
5 | event.
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6 | (c) Any transaction under this Section is subject to the | ||||||
7 | provisions of
the Gun Control Act of 1968 (18 U.S.C. 922 | ||||||
8 | (b)(3)).
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9 | (Source: P.A. 92-528, eff. 2-8-02.)
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10 | (430 ILCS 65/5) (from Ch. 38, par. 83-5)
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11 | Sec. 5. The Department of State Police shall either approve | ||||||
12 | or
deny all applications within 30 days from the date they are | ||||||
13 | received,
and every applicant found qualified pursuant to | ||||||
14 | Section 8 of this Act by
the Department shall be entitled to a | ||||||
15 | Firearm Owner's Identification
Card upon the payment of a $5 | ||||||
16 | fee. $3 of each fee derived from the
issuance of Firearm | ||||||
17 | Owner's Identification Cards, or renewals thereof,
shall be | ||||||
18 | deposited in the Wildlife and Fish Fund in the State Treasury;
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19 | $1 of such fee shall be deposited in the State Police Services | ||||||
20 | Fund
General Revenue Fund
in the State Treasury and $1 of such | ||||||
21 | fee shall be deposited in the
Firearm Owner's Notification | ||||||
22 | Fund. Monies in the Firearm Owner's
Notification Fund shall be | ||||||
23 | used exclusively to pay for the cost of sending
notices of | ||||||
24 | expiration of Firearm Owner's Identification Cards under | ||||||
25 | Section
13.2 of this Act.
Excess monies in the Firearm Owner's | ||||||
26 | Notification Fund shall be used to
ensure the prompt and | ||||||
27 | efficient processing of applications received under
Section 4 | ||||||
28 | of this Act.
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29 | (Source: P.A. 84-1426.)
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30 | Section 99. Effective date. This Act takes effect upon | ||||||
31 | becoming law.
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