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SB1962 Engrossed |
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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 |
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| amended by changing the title of the Act and Sections 1, 1.1, |
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| 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 |
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| of firearms ,
and firearm ammunition, stun guns, and tasers, to |
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| provide a
penalty for the violation thereof and to make an |
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| 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 |
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| determination that
in order to promote and protect the health, |
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| safety and welfare of the
public, it is necessary and in the |
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| public interest to provide a system of
identifying persons who |
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| are not qualified to acquire or possess firearms ,
and firearm |
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| ammunition , stun guns, and tasers within the State of Illinois |
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| by the establishment of
a system of Firearm Owner's |
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| Identification Cards, thereby establishing a
practical and |
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| workable system by which law enforcement authorities will be
|
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| afforded an opportunity to identify those persons who are |
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| prohibited by
Section 24--3.1 of the "Criminal Code of 1961", |
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| as amended, from
acquiring or possessing firearms and firearm |
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| ammunition and who are prohibited by this Act from acquiring |
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| 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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SB1962 Engrossed |
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LRB094 11402 RLC 42294 b |
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|
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| authority, with
intent
to deceive.
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| "Firearm" means any device, by
whatever name known, which |
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| is designed to expel a projectile or projectiles
by the action |
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| 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 |
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| B-B gun which
either expels a single globular projectile |
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| not exceeding .18 inch in
diameter and which has a maximum |
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| muzzle velocity of less than 700 feet
per second or |
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| breakable paint balls containing washable marking colors;
|
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| (2) any device used exclusively for signalling or |
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| safety and required or
recommended by the United States |
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| Coast Guard or the Interstate Commerce
Commission;
|
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| (3) any device used exclusively for the firing of stud |
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| cartridges,
explosive rivets or similar industrial |
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| ammunition; and
|
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| (4) an antique firearm (other than a machine-gun) |
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| which, although
designed as a weapon, the Department of |
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| State Police finds by reason of
the date of its |
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| manufacture, value, design, and other characteristics is
|
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| primarily a collector's item and is not likely to be used |
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| as a weapon.
|
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| "Firearm ammunition" means any self-contained cartridge or |
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| shotgun
shell, by whatever name known, which is designed to be |
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| used or adaptable to
use in a firearm; excluding, however:
|
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| (1) any ammunition exclusively designed for use with a |
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| device used
exclusively for signalling or safety and |
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| required or recommended by the
United States Coast Guard or |
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| the Interstate Commerce Commission; and
|
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| (2) any ammunition designed exclusively for use with a |
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| stud or rivet
driver or other similar industrial |
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| ammunition.
|
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| "Stun gun or taser" has the meaning ascribed to it in |
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| 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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SB1962 Engrossed |
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LRB094 11402 RLC 42294 b |
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|
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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 , stun |
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| gun, or taser within this State
without having in his or |
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| her possession a Firearm Owner's Identification Card
|
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| previously issued in his or her name by the Department of |
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| State Police under
the 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 , stun guns, and tasers do |
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| 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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SB1962 Engrossed |
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LRB094 11402 RLC 42294 b |
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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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SB1962 Engrossed |
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LRB094 11402 RLC 42294 b |
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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.
|
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| (c) The provisions of this Section regarding the |
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| acquisition and possession
of firearms ,
and firearm |
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| ammunition , stun guns, and tasers do not apply to law |
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| enforcement officials
of this or any other jurisdiction, while |
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| 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 |
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| 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 |
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| this State unless the
transferee with whom he deals displays a |
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| currently valid Firearm Owner's
Identification Card which has |
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| previously been issued in his name by the
Department of State |
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| Police under the provisions of this Act. In addition,
all |
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| firearm , stun gun, and taser transfers by federally licensed |
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| firearm dealers are subject
to Section 3.1.
|
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| (b) Any person within this State who transfers or causes to |
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| be
transferred any firearm , stun gun, or taser shall keep a |
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| record of such transfer for a period
of 10 years from the date |
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| of transfer. Such record shall contain the date
of the |
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| transfer; the description, serial number or other information
|
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| identifying the firearm , stun gun, or taser if no serial number |
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| is available; and, if the
transfer was completed within this |
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| State, the transferee's Firearm Owner's
Identification Card |
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| number. On demand of a peace officer such transferor
shall |
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| produce for inspection such record of transfer.
|
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| (c) The provisions of this Section regarding the transfer |
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SB1962 Engrossed |
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LRB094 11402 RLC 42294 b |
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|
1 |
| of firearm
ammunition shall not apply to those persons |
2 |
| 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 |
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| shall provide
a dial up telephone system which shall be used by |
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| any federally licensed
firearm dealer who is to transfer a |
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| firearm , stun gun, or taser under the provisions of this
Act. |
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| The Department of State Police shall utilize existing |
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| technology which
allows the caller to be charged a fee |
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| equivalent to the cost of providing
this service but not to |
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| exceed $2. Fees collected by the Department of
State Police |
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| 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 |
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| dealer, the
Department of State Police shall immediately |
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| approve, or within the time
period established by Section 24-3 |
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| of the Criminal Code of 1961 regarding
the delivery of |
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| firearms, stun guns, and tasers notify the inquiring dealer of |
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| any objection that
would disqualify the transferee from |
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| acquiring or possessing a firearm , stun gun, or taser . In
|
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| conducting the inquiry, the Department of State Police shall |
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| initiate and
complete an automated search of its criminal |
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| history record information
files and those of the Federal |
25 |
| Bureau of Investigation, including the
National Instant |
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| Criminal Background Check System, and of the files of
the |
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| Department of Human Services relating to mental health and
|
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| developmental disabilities to obtain
any felony conviction or |
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| patient hospitalization information which would
disqualify a |
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| 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 |
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| Point of Contact
for the National Instant Criminal Background |
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| Check System.
|
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| The Department of State Police shall promulgate rules to |
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|
SB1962 Engrossed |
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LRB094 11402 RLC 42294 b |
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|
1 |
| implement this
system.
|
2 |
| (Source: P.A. 91-399, eff. 7-30-99.)
|
3 |
| Section 10. The Criminal Code of 1961 is amended by |
4 |
| changing Section 24-3 as follows:
|
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| (720 ILCS 5/24-3) (from Ch. 38, par. 24-3)
|
6 |
| Sec. 24-3. Unlawful Sale of Firearms.
|
7 |
| (A) A person commits the offense of unlawful sale of |
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| 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 |
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| concealed upon the
person to any person under 18 years of |
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| age.
|
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| (b) Sells or gives any firearm to a person under 21 |
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| years of age who has
been convicted of a misdemeanor other |
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| 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 |
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| been convicted of a
felony under the laws of this or any |
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| other jurisdiction.
|
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| (e) Sells or gives any firearm to any person who has |
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| been a patient in a
mental hospital within the past 5 |
21 |
| years.
|
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| (f) Sells or gives any firearms to any person who is |
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| mentally
retarded.
|
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| (g) Delivers any firearm of a size which may be |
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| concealed upon the
person, incidental to a sale, without |
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| withholding delivery of such firearm
for at least 72 hours |
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| after application for its purchase has been made, or
|
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| delivers any rifle, shotgun or other long gun, or a stun |
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| gun or taser, incidental to a sale,
without withholding |
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| delivery of such rifle, shotgun or other long gun , or a |
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| stun gun or taser for
at least 24 hours after application |
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| for its purchase has been made. However,
this paragraph (g) |
33 |
| does not apply to: (1) the sale of a firearm
to a law |
34 |
| enforcement officer or a person who desires to purchase a |
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SB1962 Engrossed |
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LRB094 11402 RLC 42294 b |
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| firearm for
use in promoting the public interest incident |
2 |
| to his or her employment as a
bank guard, armed truck |
3 |
| guard, or other similar employment; (2) a mail
order sale |
4 |
| of a firearm to a nonresident of Illinois under which the |
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| firearm
is mailed to a point outside the boundaries of |
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| Illinois; (3) the sale
of a firearm to a nonresident of |
7 |
| Illinois while at a firearm showing or display
recognized |
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| by the Illinois Department of State Police; or (4) the sale |
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| of a
firearm to a dealer licensed as a federal firearms |
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| dealer under Section 923
of the federal Gun Control Act of |
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| 1968 (18 U.S.C. 923).
|
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| (h) While holding any license
as a dealer,
importer, |
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| manufacturer or pawnbroker
under the federal Gun Control |
14 |
| Act of 1968,
manufactures, sells or delivers to any |
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| unlicensed person a handgun having
a barrel, slide, frame |
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| or receiver which is a die casting of zinc alloy or
any |
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| other nonhomogeneous metal which will melt or deform at a |
18 |
| temperature
of less than 800 degrees Fahrenheit. For |
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| purposes of this paragraph, (1)
"firearm" is defined as in |
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| the Firearm Owners Identification Card Act; and (2)
|
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| "handgun" is defined as a firearm designed to be held
and |
22 |
| fired by the use of a single hand, and includes a |
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| combination of parts from
which such a firearm can be |
24 |
| assembled.
|
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| (i) Sells or gives a firearm of any size to any person |
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| under 18 years of
age who does not possess a valid Firearm |
27 |
| Owner's Identification Card.
|
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| (j) Sells or gives a firearm while engaged in the |
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| business of selling
firearms at wholesale or retail without |
30 |
| being licensed as a federal firearms
dealer under Section |
31 |
| 923 of the federal Gun Control Act of 1968 (18 U.S.C.
923). |
32 |
| In this paragraph (j):
|
33 |
| A person "engaged in the business" means a person who |
34 |
| devotes time,
attention, and
labor to
engaging in the |
35 |
| activity as a regular course of trade or business with the
|
36 |
| principal objective of livelihood and profit, but does not |
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|
SB1962 Engrossed |
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LRB094 11402 RLC 42294 b |
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|
1 |
| include a person who
makes occasional repairs of firearms |
2 |
| or who occasionally fits special barrels,
stocks, or |
3 |
| trigger mechanisms to firearms.
|
4 |
| "With the principal objective of livelihood and |
5 |
| profit" means that the
intent
underlying the sale or |
6 |
| disposition of firearms is predominantly one of
obtaining |
7 |
| livelihood and pecuniary gain, as opposed to other intents, |
8 |
| such as
improving or liquidating a personal firearms |
9 |
| collection; however, proof of
profit shall not be required |
10 |
| as to a person who engages in the regular and
repetitive |
11 |
| purchase and disposition of firearms for criminal purposes |
12 |
| or
terrorism.
|
13 |
| (k) Sells or transfers ownership of a firearm to a |
14 |
| person who does not display to the seller or transferor of |
15 |
| the firearm a currently valid Firearm Owner's |
16 |
| Identification Card that has previously been issued in the |
17 |
| transferee's name by the Department of State Police under |
18 |
| the provisions of the Firearm Owners Identification Card |
19 |
| Act. This paragraph (k) does not apply to the transfer of a |
20 |
| firearm to a person who is exempt from the requirement of |
21 |
| possessing a Firearm Owner's Identification Card under |
22 |
| Section 2 of the Firearm Owners Identification Card Act. |
23 |
| For the purposes of this Section, a currently valid Firearm |
24 |
| Owner's Identification Card means (i) a Firearm Owner's |
25 |
| Identification Card that has not expired or (ii) if the |
26 |
| transferor is licensed as a federal firearms dealer under |
27 |
| Section 923 of the federal Gun Control Act of 1968 (18 |
28 |
| U.S.C. 923), an approval number issued in accordance with |
29 |
| Section 3.1 of the Firearm Owners Identification Card Act |
30 |
| shall be proof that the Firearm Owner's Identification Card |
31 |
| was valid. |
32 |
| (B) Paragraph (h) of subsection (A) does not include |
33 |
| firearms sold within 6
months after enactment of Public
Act |
34 |
| 78-355 (approved August 21, 1973, effective October 1, 1973), |
35 |
| nor is any
firearm legally owned or
possessed by any citizen or |
36 |
| purchased by any citizen within 6 months after the
enactment of |
|
|
|
SB1962 Engrossed |
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LRB094 11402 RLC 42294 b |
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|
1 |
| Public Act 78-355 subject
to confiscation or seizure under the |
2 |
| provisions of that Public Act. Nothing in
Public Act 78-355 |
3 |
| shall be construed to prohibit the gift or trade of
any firearm |
4 |
| if that firearm was legally held or acquired within 6 months |
5 |
| after
the enactment of that Public Act.
|
6 |
| (C) Sentence.
|
7 |
| (1) Any person convicted of unlawful sale of firearms |
8 |
| in violation of
any of paragraphs (c) through (h) of |
9 |
| subsection (A) commits a Class
4
felony.
|
10 |
| (2) Any person convicted of unlawful sale of firearms |
11 |
| in violation of
paragraph (b) or (i) of subsection (A) |
12 |
| commits a Class 3 felony.
|
13 |
| (3) Any person convicted of unlawful sale of firearms |
14 |
| in violation of
paragraph (a) of subsection (A) commits a |
15 |
| Class 2 felony.
|
16 |
| (4) Any person convicted of unlawful sale of firearms |
17 |
| in violation of
paragraph (a), (b), or (i) of subsection |
18 |
| (A) in any school, on the real
property comprising a |
19 |
| school, within 1,000 feet of the real property comprising
a |
20 |
| school, at a school related activity, or on or within 1,000 |
21 |
| feet of any
conveyance owned, leased, or contracted by a |
22 |
| school or school district to
transport students to or from |
23 |
| school or a school related activity,
regardless of the time |
24 |
| of day or time of year at which the offense
was committed, |
25 |
| commits a Class 1 felony. Any person convicted of a second
|
26 |
| or subsequent violation of unlawful sale of firearms in |
27 |
| violation of paragraph
(a), (b), or (i) of subsection (A) |
28 |
| in any school, on the real property
comprising a school, |
29 |
| within 1,000 feet of the real property comprising a
school, |
30 |
| at a school related activity, or on or within 1,000 feet of |
31 |
| any
conveyance owned, leased, or contracted by a school or |
32 |
| school district to
transport students to or from school or |
33 |
| a school related activity,
regardless of the time of day or |
34 |
| time of year at which the offense
was committed, commits a |
35 |
| Class 1 felony for which the sentence shall be a
term of |
36 |
| imprisonment of no less than 5 years and no more than 15 |
|
|
|
SB1962 Engrossed |
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LRB094 11402 RLC 42294 b |
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|
1 |
| years.
|
2 |
| (5) Any person convicted of unlawful sale of firearms |
3 |
| in violation of
paragraph (a) or (i) of subsection (A) in |
4 |
| residential property owned,
operated, or managed by a |
5 |
| public housing agency or leased by a public housing
agency |
6 |
| as part of a scattered site or mixed-income development, in |
7 |
| a public
park, in a
courthouse, on residential property |
8 |
| owned, operated, or managed by a public
housing agency or |
9 |
| leased by a public housing agency as part of a scattered |
10 |
| site
or mixed-income development, on the real property |
11 |
| comprising any public park,
on the real
property comprising |
12 |
| any courthouse, or on any public way within 1,000 feet
of |
13 |
| the real property comprising any public park, courthouse, |
14 |
| or residential
property owned, operated, or managed by a |
15 |
| public housing agency or leased by a
public housing agency |
16 |
| as part of a scattered site or mixed-income development
|
17 |
| commits a
Class 2 felony.
|
18 |
| (6) Any person convicted of unlawful sale of firearms |
19 |
| in violation of
paragraph (j) of subsection (A) commits a |
20 |
| Class A misdemeanor. A second or
subsequent violation is a |
21 |
| Class 4 felony. |
22 |
| (7) Any person convicted of unlawful sale of firearms |
23 |
| in violation of paragraph (k) of subsection (A) commits a |
24 |
| Class 4 felony. A third or subsequent conviction for a |
25 |
| violation of paragraph (k) of subsection (A) is a Class 1 |
26 |
| felony.
|
27 |
| (D) For purposes of this Section:
|
28 |
| "School" means a public or private elementary or secondary |
29 |
| school,
community college, college, or university.
|
30 |
| "School related activity" means any sporting, social, |
31 |
| academic, or
other activity for which students' attendance or |
32 |
| participation is sponsored,
organized, or funded in whole or in |
33 |
| part by a school or school district.
|
34 |
| (E) A prosecution for a violation of paragraph (k) of |
35 |
| subsection (A) of this Section may be commenced within 6 years |
36 |
| after the commission of the offense. A prosecution for a |