Full Text of SB0057 94th General Assembly
SB0057enr 94TH GENERAL ASSEMBLY
|
|
|
SB0057 Enrolled |
|
LRB094 04126 RLC 34147 b |
|
| 1 |
| AN ACT concerning firearms.
| 2 |
| Be it enacted by the People of the State of Illinois,
| 3 |
| represented in the General Assembly:
| 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:
| 6 |
| (430 ILCS 65/1.1) (from Ch. 38, par. 83-1.1)
| 7 |
| Sec. 1.1. For purposes of this Act:
| 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).
| 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,
| 16 |
| however:
| 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;
| 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;
| 25 |
| (3) any device used exclusively for the firing of stud | 26 |
| cartridges,
explosive rivets or similar industrial | 27 |
| ammunition; and
| 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
| 32 |
| primarily a collector's item and is not likely to be used |
|
|
|
SB0057 Enrolled |
- 2 - |
LRB094 04126 RLC 34147 b |
|
| 1 |
| as a weapon.
| 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:
| 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
| 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 where 50 or more | 15 |
| firearms are displayed, offered, or exhibited for sale, | 16 |
| transfer, or exchange; or | 17 |
| (2) not less than 10 gun show vendors display, offer, | 18 |
| or exhibit for sale, sell, transfer, or exchange firearms.
| 19 |
| "Gun show" includes the entire premises provided for an | 20 |
| event or function, including parking areas for the event or | 21 |
| function, that is sponsored to facilitate the purchase, sale, | 22 |
| transfer, or exchange of firearms as described in this Section.
| 23 |
| "Gun show" does not include training or safety classes, | 24 |
| competitive shooting events, such as rifle, shotgun, or handgun | 25 |
| matches, trap, skeet, or sporting clays shoots, dinners, | 26 |
| banquets, raffles, or
any other event where the sale or | 27 |
| transfer of firearms is not the primary course of business. | 28 |
| "Gun show promoter" means a person who organizes or | 29 |
| operates a gun show. | 30 |
| "Gun show vendor" means a person who exhibits, sells, | 31 |
| offers for sale, transfers, or exchanges any firearms at a gun | 32 |
| show, regardless of whether the person arranges with a gun show | 33 |
| promoter for a fixed location from which to exhibit, sell, | 34 |
| offer for sale, transfer, or exchange any firearm. | 35 |
| "Sanctioned competitive shooting event" means a shooting | 36 |
| contest officially recognized by a national or state shooting |
|
|
|
SB0057 Enrolled |
- 3 - |
LRB094 04126 RLC 34147 b |
|
| 1 |
| sport association, and includes any sight-in or practice | 2 |
| conducted in conjunction with the event.
| 3 |
| (Source: P.A. 91-357, eff. 7-29-99; 92-414, eff. 1-1-02.)
| 4 |
| (430 ILCS 65/3) (from Ch. 38, par. 83-3)
| 5 |
| Sec. 3. (a) Except as provided in Section 3a, no person may | 6 |
| knowingly
transfer, or cause to be transferred, any firearm or
| 7 |
| any firearm ammunition to any person within this State unless | 8 |
| the
transferee with whom he deals displays a currently valid | 9 |
| Firearm Owner's
Identification Card which has previously been | 10 |
| issued in his name by the
Department of State Police under the | 11 |
| provisions of this Act. In addition,
all firearm transfers by | 12 |
| federally licensed firearm dealers are subject
to Section 3.1.
| 13 |
| (a-5) Any person who is not a federally licensed firearm | 14 |
| dealer and who desires to transfer or sell a firearm while that | 15 |
| person is on the grounds of a gun show must, before selling or | 16 |
| transferring the firearm, request the Department of State | 17 |
| Police to conduct a background check on the prospective | 18 |
| recipient of the firearm in accordance with Section 3.1.
| 19 |
| (b) Any person within this State who transfers or causes to | 20 |
| be
transferred any firearm shall keep a record of such transfer | 21 |
| for a period
of 10 years from the date of transfer. Such record | 22 |
| shall contain the date
of the transfer; the description, serial | 23 |
| number or other information
identifying the firearm if no | 24 |
| serial number is available; and, if the
transfer was completed | 25 |
| within this State, the transferee's Firearm Owner's
| 26 |
| Identification Card number. On demand of a peace officer such | 27 |
| transferor
shall produce for inspection such record of | 28 |
| transfer. If the transfer or sale took place at a gun show, the | 29 |
| record shall include the unique identification number. Failure | 30 |
| to record the unique identification number is a petty offense.
| 31 |
| (c) The provisions of this Section regarding the transfer | 32 |
| of firearm
ammunition shall not apply to those persons | 33 |
| specified in paragraph (b) of
Section 2 of this Act.
| 34 |
| (Source: P.A. 92-442, eff. 8-17-01.)
|
|
|
|
SB0057 Enrolled |
- 4 - |
LRB094 04126 RLC 34147 b |
|
| 1 |
| (430 ILCS 65/3.1) (from Ch. 38, par. 83-3.1)
| 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
| 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.
| 13 |
| (b) Upon receiving a request from a federally licensed | 14 |
| firearm dealer, gun show promoter, or gun show vendor, the
| 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
| 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; | 36 |
| (2) provide the licensee, gun show promoter, or gun |
|
|
|
SB0057 Enrolled |
- 5 - |
LRB094 04126 RLC 34147 b |
|
| 1 |
| show vendor with the number; and | 2 |
| (3) destroy all records of the system with respect to | 3 |
| the call, other than the identifying number and the date | 4 |
| the number was assigned, and all records of the system | 5 |
| relating to the person or the transfer within 90 days. | 6 |
| (d) The Department may not retain, copy, or distribute any | 7 |
| information previously collected under this Section, except | 8 |
| for any investigation of a forcible felony or a violation of | 9 |
| Section 24-3A or 24-3.1 or Article 29D of the Criminal Code of | 10 |
| 1961. Any records generated under this Section shall comply | 11 |
| with subsection (c). | 12 |
| (e) If the transfer of a firearm is denied by the | 13 |
| Department of State Police, the Department may keep the records | 14 |
| of a denial until the denial is appealed and overturned, or as | 15 |
| long as necessary for a criminal prosecution. | 16 |
| (f) Approvals issued by the Department of State Police for | 17 |
| the purchase of a firearm are valid for 30 days from the date | 18 |
| of issue.
| 19 |
| (g) The Department of State Police must act as the Illinois | 20 |
| Point of Contact
for the National Instant Criminal Background | 21 |
| Check System.
| 22 |
| (h) The Department of State Police shall promulgate rules | 23 |
| not inconsistent with this Section to implement this
system.
| 24 |
| (Source: P.A. 91-399, eff. 7-30-99.)
| 25 |
| (430 ILCS 65/3a) (from Ch. 38, par. 83-3a)
| 26 |
| Sec. 3a. (a) Any resident of Illinois who has obtained a | 27 |
| firearm
owner's identification card pursuant to this Act and | 28 |
| who is not otherwise
prohibited from obtaining, possessing or | 29 |
| using a firearm may purchase or
obtain a rifle or shotgun or | 30 |
| ammunition for a rifle or shotgun in Iowa,
Missouri, Indiana, | 31 |
| Wisconsin or Kentucky.
| 32 |
| (b) Any resident of Iowa, Missouri, Indiana, Wisconsin or | 33 |
| Kentucky
or a
non-resident with a valid non-resident hunting | 34 |
| license, who
is 18 years of age or older and who is not | 35 |
| prohibited by the laws of
Illinois, the state of his domicile, |
|
|
|
SB0057 Enrolled |
- 6 - |
LRB094 04126 RLC 34147 b |
|
| 1 |
| or the United States from obtaining,
possessing or using a | 2 |
| firearm, may purchase or obtain a rifle,
shotgun or
ammunition | 3 |
| for a rifle or shotgun in Illinois.
| 4 |
| (b-5) Any non-resident who is participating in a sanctioned | 5 |
| competitive
shooting
event, who is 18 years of age or older and | 6 |
| who is not prohibited by the laws of
Illinois,
the state of his | 7 |
| or her domicile, or the United States from obtaining,
| 8 |
| possessing, or using
a firearm, may purchase or obtain a | 9 |
| shotgun or shotgun ammunition in Illinois
for the
purpose of | 10 |
| participating in that event. A person may purchase or obtain a
| 11 |
| shotgun or
shotgun ammunition under this subsection only at the | 12 |
| site where the sanctioned
competitive shooting event is being | 13 |
| held.
| 14 |
| For purposes of this subsection, "sanctioned competitive
| 15 |
| shooting event" means a shooting contest officially recognized | 16 |
| by a national or
state shooting sport association, and includes | 17 |
| any sight-in or practice
conducted in conjunction with the | 18 |
| event.
| 19 |
| (c) Any transaction under this Section is subject to the | 20 |
| provisions of
the Gun Control Act of 1968 (18 U.S.C. 922 | 21 |
| (b)(3)).
| 22 |
| (Source: P.A. 92-528, eff. 2-8-02.)
| 23 |
| (430 ILCS 65/5) (from Ch. 38, par. 83-5)
| 24 |
| Sec. 5. The Department of State Police shall either approve | 25 |
| or
deny all applications within 30 days from the date they are | 26 |
| received,
and every applicant found qualified pursuant to | 27 |
| Section 8 of this Act by
the Department shall be entitled to a | 28 |
| Firearm Owner's Identification
Card upon the payment of a $5 | 29 |
| fee. $3 of each fee derived from the
issuance of Firearm | 30 |
| Owner's Identification Cards, or renewals thereof,
shall be | 31 |
| deposited in the Wildlife and Fish Fund in the State Treasury;
| 32 |
| $1 of such fee shall be deposited in the State Police Services | 33 |
| Fund
General Revenue Fund
in the State Treasury and $1 of such | 34 |
| fee shall be deposited in the
Firearm Owner's Notification | 35 |
| Fund. Monies in the Firearm Owner's
Notification Fund shall be |
|
|
|
SB0057 Enrolled |
- 7 - |
LRB094 04126 RLC 34147 b |
|
| 1 |
| used exclusively to pay for the cost of sending
notices of | 2 |
| expiration of Firearm Owner's Identification Cards under | 3 |
| Section
13.2 of this Act.
Excess monies in the Firearm Owner's | 4 |
| Notification Fund shall be used to
ensure the prompt and | 5 |
| efficient processing of applications received under
Section 4 | 6 |
| of this Act.
| 7 |
| (Source: P.A. 84-1426.)
| 8 |
| Section 99. Effective date. This Act takes effect upon | 9 |
| becoming law.
|
|