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90_HB3688
430 ILCS 65/1.1 from Ch. 38, par. 83-1.1
430 ILCS 65/3 from Ch. 38, par. 83-3
430 ILCS 65/3.1 from Ch. 38, par. 83-3.1
430 ILCS 65/3.2 new
720 ILCS 5/24-3 from Ch. 38, par. 24-3
Amends the Firearm Owners Identification Card Act.
Provides that when a private individual sells or transfers a
semiautomatic assault weapon he or she must observe the
transferee's Firearm Owner's Identification Card and obtain a
background check from the Department of State Police's Dial
Up System. Provides that the transferor must submit this
information and the identification of the weapon transferred
to the Department. The Department shall place this
information in a State Police databank that must be
maintained for 20 years. Requires a person who conducts a
gun show displaying semiautomatic assault weapons to obtain a
license for the show from the Department. Amends the
Criminal Code of 1961. Prohibits government sales of these
weapons to private individuals.
LRB9010921RCmg
LRB9010921RCmg
1 AN ACT in relation to the private sales of semiautomatic
2 assault weapons, amending named Acts.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Firearm Owners Identification Card Act is
6 amended by changing Sections 1.1, 3, and 3.1 and by adding
7 Section 3.2 as follows:
8 (430 ILCS 65/1.1) (from Ch. 38, par. 83-1.1)
9 Sec. 1.1. For purposes of this Act: "Firearm" means any
10 device, by whatever name known, which is designed to expel a
11 projectile or projectiles by the action of an explosion,
12 expansion of gas or escape of gas; excluding, however:
13 (1) any pneumatic gun, spring gun, paint ball gun
14 or B-B gun which either expels a single globular
15 projectile not exceeding .18 inch in diameter and which
16 has a maximum muzzle velocity of less than 700 feet per
17 second or breakable paint balls containing washable
18 marking colors;
19 (2) any device used exclusively for signalling or
20 safety and required or recommended by the United States
21 Coast Guard or the Interstate Commerce Commission; or
22 (3) any device used exclusively for the firing of
23 stud cartridges, explosive rivets or similar industrial
24 ammunition;
25 (4) an antique firearm (other than a machine-gun)
26 which, although designed as a weapon, the Department of
27 State Police finds by reason of the date of its
28 manufacture, value, design, and other characteristics is
29 primarily a collector's item and is not likely to be used
30 as a weapon.
31 "Firearm Ammunition" means any self-contained cartridge
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1 or shotgun shell, by whatever name known, which is designed
2 to be used or adaptable to use in a firearm; excluding,
3 however:
4 (1) any ammunition exclusively designed for use
5 with a device used exclusively for signalling or safety
6 and required or recommended by the United States Coast
7 Guard or the Interstate Commerce Commission; or
8 (2) any ammunition designed exclusively for use
9 with a stud or rivet driver or other similar industrial
10 ammunition.
11 "Gun show" means an exhibition open to the general public
12 either by payment of an admission or without payment of a fee
13 for the purpose of displaying firearms and providing for the
14 sale or transfer of firearms at that exhibition.
15 "Semiautomatic assault weapon" means:
16 (A) any of the firearms, or copies or duplicates of the
17 firearms in any caliber, known as:
18 (i) Norinco, Mitchell, and Poly Technologies
19 Avtomat Kalashnikovs (all models);
20 (ii) Action Arms Israeli Military Industries
21 UZI and Galil;
22 (iii) Beretta Ar70 (SC-70);
23 (iv) Colt AR-15;
24 (v) Fabrique National FN/FAL, FN/LAR, and FNC;
25 (vi) SWD M-10, M-11, M-11/9, and M-12;
26 (vii) Steyr AUG;
27 (viii) INTRATEC TEC-9, TEC-DC9 and TEC-22; and
28 (ix) revolving cylinder shotguns, such as (or
29 similar to) the Street Sweeper and Striker 12;
30 (B) a semiautomatic rifle that has an ability to accept
31 a detachable magazine and has at least 2 of:
32 (i) a folding or telescoping stock;
33 (ii) a pistol grip that protrudes
34 conspicuously beneath the action of the weapon;
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1 (iii) a bayonet mount;
2 (iv) a flash suppressor or threaded barrel
3 designed to accommodate a flash suppressor; and
4 (v) a grenade launcher;
5 (C) a semiautomatic pistol that has an ability to accept
6 a detachable magazine and has at least 2 of:
7 (i) an ammunition magazine that attaches to the
8 pistol outside of the pistol grip;
9 (ii) a threaded barrel capable of accepting a
10 barrel extender, flash suppressor, forward handgrip,
11 or silencer;
12 (iii) a shroud that is attached to, or
13 partially or completely encircles, the barrel and
14 that permits the shooter to hold the firearm with
15 the nontrigger hand without being burned;
16 (iv) a manufactured weight of 50 ounces or
17 more when the pistol is unloaded; and
18 (v) a semiautomatic version of an automatic
19 firearm; and
20 (D) a semiautomatic shotgun that has at least 2 of:
21 (i) a folding or telescoping stock;
22 (ii) a pistol grip that protrudes
23 conspicuously beneath the action of the weapon;
24 (iii) a fixed magazine capacity in excess of 5
25 rounds; and
26 (iv) an ability to accept a detachable
27 magazine.
28 (Source: P.A. 86-349; 86-1265.)
29 (430 ILCS 65/3) (from Ch. 38, par. 83-3)
30 Sec. 3. (a) Except as provided in Section 3a, no person
31 within this State may knowingly transfer, or cause to be
32 transferred, any firearm or any firearm ammunition to any
33 person within this State unless the transferee with whom he
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1 deals displays a currently valid Firearm Owner's
2 Identification Card which has previously been issued in his
3 name by the Department of State Police under the provisions
4 of this Act. In addition, all firearm transfers by federally
5 licensed firearm dealers are subject to Section 3.1.
6 (b) Any person within this State who transfers or causes
7 to be transferred any firearm, other than a semiautomatic
8 assault weapon transferred or sold by individuals who are not
9 federally licensed firearm dealers under Title 18 U.S.C.,
10 Section 923, shall keep a record of such transfer for a
11 period of 10 years from the date of transfer. Such record
12 shall contain the date of the transfer; the description,
13 serial number or other information identifying the firearm if
14 no serial number is available; and, if the transfer was
15 completed within this State, the transferee's Firearm Owner's
16 Identification Card number. On demand of a peace officer such
17 transferor shall produce for inspection such record of
18 transfer.
19 (b-5) A person within this State who is not a federally
20 licensed firearm dealer under Title 18 U.S.C., Section 923
21 who transfers or causes to be transferred any semiautomatic
22 assault weapon to an individual who also is not a federally
23 licensed firearm dealer, shall keep a record of the transfer
24 for a period of 20 years from the date of the transfer. The
25 record shall contain the date of the transfer; the
26 description, serial number or other information identifying
27 the semiautomatic assault weapon if no serial number is
28 available; and, if the transfer was completed within this
29 State, the transferee's Firearm Owner's Identification Card
30 number. On demand of a peace officer the transferor shall
31 produce for inspection the record of transfer. The
32 transferor shall also submit the information to the
33 Department of State Police who shall maintain a registry of
34 this information for 20 years and place it in a State data
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1 bank. This subsection (b-5) does not apply to the transfer
2 of a semi-automatic assault weapon to a law enforcement
3 officer.
4 (c) The provisions of this Section regarding the
5 transfer of firearm ammunition shall not apply to those
6 persons specified in paragraph (b) of Section 2 of this Act.
7 (Source: P.A. 87-299.)
8 (430 ILCS 65/3.1) (from Ch. 38, par. 83-3.1)
9 Sec. 3.1. Dial up system. The Department of State Police
10 shall provide a dial up telephone system which shall be used
11 by any federally licensed firearm dealer who is to transfer a
12 firearm under the provisions of this Act and by a person who
13 is not a federally licensed firearm dealer who transfers a
14 semiautomatic assault weapon to another person who is not a
15 federally licensed firearm dealer or a law enforcement
16 officer. The Department of State Police shall utilize
17 existing technology which allows the caller to be charged a
18 fee equivalent to the cost of providing this service but not
19 to exceed $2. Fees collected by the Department of State
20 Police shall be deposited in the State Police Services Fund
21 and used to provide the service.
22 Upon receiving a request from a federally licensed
23 firearm dealer or a person who is not a federally licensed
24 firearm dealer who transfers a semiautomatic assault weapon
25 to another person who is not a federally licensed firearm
26 dealer or a law enforcement officer, the Department of State
27 Police shall immediately approve, or within the time period
28 established by Section 24-3 of the Criminal Code of 1961
29 regarding the delivery of firearms, notify the inquiring
30 dealer of any objection that would disqualify the transferee
31 from acquiring or possessing a firearm. In conducting the
32 inquiry, the Department of State Police shall initiate and
33 complete an automated search of its criminal history record
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1 information files and those of the Federal Bureau of
2 Investigation and of the files of the Department of Human
3 Services relating to mental health and developmental
4 disabilities to obtain any felony conviction or patient
5 hospitalization information which would disqualify a person
6 from obtaining or require revocation of a currently valid
7 Firearm Owner's Identification Card.
8 The Department of State Police shall promulgate rules to
9 implement this system.
10 (Source: P.A. 88-535; 88-597, eff. 8-28-94; 89-507, eff.
11 7-1-97.)
12 (430 ILCS 65/3.2 new)
13 Sec. 3.2. Gun shows, license. No person shall conduct a
14 gun show that displays semiautomatic assault weapons unless
15 that person obtains a license for that purpose from the
16 Department of State Police. A person shall be ineligible to
17 obtain a license under this Section if he or she does not
18 possess a currently valid Firearm Owner's Identification Card
19 issued by the Department. The Department of State Police
20 shall promulgate rules to implement this Section.
21 Section 10. The Criminal Code of 1961 is amended by
22 changing Section 24-3 as follows:
23 (720 ILCS 5/24-3) (from Ch. 38, par. 24-3)
24 Sec. 24-3. Unlawful Sale of Firearms. A person commits
25 the offense of unlawful sale of firearms when he or she
26 knowingly:
27 (a) Sells or gives any firearm of a size which may be
28 concealed upon the person to any person under 18 years of
29 age; or
30 (b) Sells or gives any firearm to a person under 21
31 years of age who has been convicted of a misdemeanor other
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1 than a traffic offense or adjudged delinquent; or
2 (c) Sells or gives any firearm to any narcotic addict;
3 or
4 (d) Sells or gives any firearm to any person who has
5 been convicted of a felony under the laws of this or any
6 other jurisdiction; or
7 (e) Sells or gives any firearm to any person who has
8 been a patient in a mental hospital within the past 5 years;
9 or
10 (f) Sells or gives any firearms to any person who is
11 mentally retarded; or
12 (g) Delivers any firearm of a size which may be
13 concealed upon the person, incidental to a sale, without
14 withholding delivery of such firearm for at least 72 hours
15 after application for its purchase has been made, or delivers
16 any rifle, shotgun or other long gun, incidental to a sale,
17 without withholding delivery of such rifle, shotgun or other
18 long gun for at least 24 hours after application for its
19 purchase has been made. However, this paragraph shall not
20 apply to: (1) the sale of a firearm to a law enforcement
21 officer or a person who desires to purchase a firearm for use
22 in promoting the public interest incident to his employment
23 as a bank guard, armed truck guard, or other similar
24 employment; or (2) a mail order sale of a firearm to a
25 nonresident of Illinois under which the firearm is mailed to
26 a point outside the boundaries of Illinois; or (3) the sale
27 of a firearm to a nonresident of Illinois while at a firearm
28 showing or display recognized by the Illinois Department of
29 State Police; or (4) the sale of a firearm to a dealer
30 licensed under the Federal Firearms Act of the United States;
31 or
32 (h) While holding any license under the Federal "Gun
33 Control Act of 1968", as amended, as a dealer, importer,
34 manufacturer or pawnbroker; manufactures, sells or delivers
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1 to any unlicensed person a handgun having a barrel, slide,
2 frame or receiver which is a die casting of zinc alloy or any
3 other nonhomogeneous metal which will melt or deform at a
4 temperature of less than 800 degrees Fahrenheit. For purposes
5 of this paragraph, (1) "firearm" is defined as in the Firearm
6 Owners Identification Card Act; "An Act relating to the
7 acquisition, possession and transfer of firearms and firearm
8 ammunition, to provide a penalty for the violation thereof
9 and to make an appropriation in connection therewith",
10 approved August 3, 1967, as amended; (2) "handgun" is defined
11 as a firearm designed to be held and fired by the use of a
12 single hand, and includes a combination of parts from which a
13 firearm can be assembled; or
14 (i) Sells or gives a firearm of any size to any person
15 under 18 years of age who does not possess a valid Firearm
16 Owner's Identification Card.
17 (i-5) Being an officer or employee of the State, a unit
18 of local government, or school district sells or gives in his
19 or her official capacity any semiautomatic assault weapon as
20 defined in Section 1.1 of the Firearm Owners Identification
21 Card Act.
22 (j) Paragraph (h) of this Section shall not include
23 firearms sold within 6 months after enactment of this
24 amendatory Act of 1973, nor shall any firearm legally owned
25 or possessed by any citizen or purchased by any citizen
26 within 6 months after the enactment of this amendatory Act of
27 1973 be subject to confiscation or seizure under the
28 provisions of this amendatory Act of 1973. Nothing in this
29 amendatory Act of 1973 shall be construed to prohibit the
30 gift or trade of any firearm if that firearm was legally held
31 or acquired within 6 months after the enactment of this
32 amendatory Act of 1973.
33 (k) Sentence.
34 Any person convicted of unlawful sale of firearms in
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1 violation of paragraphs (b) through (h) or (i-5) commits a
2 Class 4 felony.
3 Any person convicted of unlawful sale of firearms in
4 violation of paragraph (a) or (i) commits a Class 3 felony.
5 Any person convicted of unlawful sale of firearms in
6 violation of paragraph (a) or (i) in any school, regardless
7 of the time of day or the time of year, in residential
8 property owned, operated, and managed by a public housing
9 agency, in a public park, in a courthouse, on the real
10 property comprising any school, regardless of the time of day
11 or the time of year, on residential property owned, operated,
12 and managed by a public housing agency, on the real property
13 comprising any public park, on the real property comprising
14 any courthouse, in any conveyance owned, leased, or
15 contracted by a school to transport students to or from
16 school or a school related activity, or on any public way
17 within 1,000 feet of the real property comprising any school,
18 public park, courthouse, or residential property owned,
19 operated, and managed by a public housing agency commits a
20 Class 2 felony.
21 (Source: P.A. 88-680, eff. 1-1-95.)