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Rep. Ron Stephens
Filed: 4/5/2005
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09400HB2941ham001 |
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LRB094 05393 RLC 42503 a |
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| AMENDMENT TO HOUSE BILL 2941
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| AMENDMENT NO. ______. Amend House Bill 2941 by replacing |
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| everything after the enacting clause with the following:
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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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LRB094 05393 RLC 42503 a |
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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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| 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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09400HB2941ham001 |
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LRB094 05393 RLC 42503 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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| (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. A person |
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| acquiring or possessing a stun gun or taser must present to |
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| the transferor of the stun gun or taser such proof as |
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| required by the Department of State Police that he or she |
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| has completed a course of instruction of at least 4 hours |
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| in the use of a stun gun or taser approved by the |
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| Department of State Police.
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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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| (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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09400HB2941ham001 |
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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.
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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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09400HB2941ham001 |
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LRB094 05393 RLC 42503 a |
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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. No person may |
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| knowingly transfer, or cause to be transferred, any stun gun or |
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| taser unless the transferee presents such proof to the |
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| transferor as required by the Department of State Police that |
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| the transferee has completed a course of instruction of at |
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| least 4 hours in the use of a stun gun or taser approved by the |
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| Department of State Police. In addition,
all firearm , stun gun, |
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| and taser transfers by federally licensed firearm dealers are |
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| 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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| of firearm
ammunition shall not apply to those persons |
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| 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 |
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| 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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| 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 adding |
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| Article 33G as follows: |
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| (720 ILCS 5/Art. 33G heading new) |
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| ARTICLE 33G. COMMISSION OF OFFENSE WHILE ARMED WITH A STUN GUN |
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| OR TASER |
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| (720 ILCS 5/33G-5 new) |
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| Sec. 33G-5. Stun gun or taser defined. In this Article, |
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| "stun gun or taser" has the meaning ascribed to it in Section |
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| 24-1 of this Code. |
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| (720 ILCS 5/33G-10 new) |
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| Sec. 33G-10. Commission of offense while armed with a stun |
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| gun or taser. |
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| (a) A person who commits a criminal offense while armed |
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| with a stun gun or taser shall be sentenced for an offense that |
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| is one class higher than the offense committed while unarmed or |
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| while armed with another weapon. If the offense committed while |
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| armed with a stun gun or taser is either a Class X felony or |
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| first degree murder for which the death penalty is not imposed, |
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| then the defendant shall be sentenced to an extended term |
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| sentence for that offense. |
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| (b) This Section does not apply if the elements of the |
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| offense include the use of a stun gun or taser. ".
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