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92nd General Assembly

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Public Act 92-0414

HB1942 Enrolled                                LRB9204437ARsb

    AN ACT concerning firearms.

    Be it enacted by the People of  the  State  of  Illinois,
represented in the General Assembly:

    Section 5.  The Firearm Owners Identification Card Act is
amended  by  changing  Sections 1.1 and 14 and adding Section
6.1 as follows:

    (430 ILCS 65/1.1) (from Ch. 38, par. 83-1.1)
    Sec. 1.1. For purposes of this Act:
    "Counterfeit" means to copy  or  imitate,  without  legal
authority, with intent to deceive.
    "Firearm" means any device, by whatever name known, which
is  designed  to  expel  a  projectile  or projectiles by the
action of an explosion, expansion of gas or  escape  of  gas;
excluding, however:
         (1)  any  pneumatic  gun, spring gun, paint ball gun
    or  B-B  gun  which  either  expels  a  single   globular
    projectile  not  exceeding .18 inch in diameter and which
    has a maximum muzzle velocity of less than 700  feet  per
    second  or  breakable  paint  balls  containing  washable
    marking colors;
         (2)  any  device  used exclusively for signalling or
    safety and required or recommended by the  United  States
    Coast Guard or the Interstate Commerce Commission;
         (3)  any  device  used exclusively for the firing of
    stud cartridges, explosive rivets or  similar  industrial
    ammunition; and
         (4)  an  antique  firearm (other than a machine-gun)
    which, although designed as a weapon, the  Department  of
    State   Police  finds  by  reason  of  the  date  of  its
    manufacture, value, design, and other characteristics  is
    primarily a collector's item and is not likely to be used
    as a weapon.
    "Firearm  ammunition"  means any self-contained cartridge
or shotgun shell, by whatever name known, which  is  designed
to  be  used  or  adaptable  to  use in a firearm; excluding,
however:
         (1)  any ammunition  exclusively  designed  for  use
    with  a  device used exclusively for signalling or safety
    and required or recommended by the  United  States  Coast
    Guard or the Interstate Commerce Commission; and
         (2)  any  ammunition  designed  exclusively  for use
    with a stud or rivet driver or other  similar  industrial
    ammunition.
(Source: P.A. 91-357, eff. 7-29-99.)

    (430 ILCS 65/14) (from Ch. 38, par. 83-14)
    Sec. 14.  Sentence.
    (a)  A  violation  of  paragraph (1) of subsection (a) of
Section 2, when the person's Firearm  Owner's  Identification
Card  is expired but the person is not otherwise disqualified
from renewing the card, is a Class A misdemeanor.
    (b)  Except as provided in subsection (a) with respect to
an expired card, a violation of paragraph (1)  of  subsection
(a)  of  Section  2  is a Class A misdemeanor when the person
does  not  possess  a   currently   valid   Firearm   Owner's
Identification  Card,  but  is  otherwise eligible under this
Act.  A second or subsequent violation is a Class 4 felony.
    (c)  A violation of paragraph (1) of  subsection  (a)  of
Section 2 is a Class 3 felony when:
         (1)  the  person's  Firearm  Owner's  Identification
    Card is revoked or subject to revocation under Section 8;
    or
         (2)  the  person's  Firearm  Owner's  Identification
    Card  is  expired  and not otherwise eligible for renewal
    under this Act; or
         (3)  the person does not possess a  currently  valid
    Firearm  Owner's  Identification  Card, and the person is
    not otherwise eligible under this Act.
    (d)  A violation of subsection (a)  of  Section  3  is  a
Class 4 felony.
    (e)  Except  as  provided by Section 6.1 of this Act, any
other violation of this Act is a Class A misdemeanor.
(Source: P.A. 91-694, eff. 4-13-00.)

    (430 ILCS 65/6.1 new)
    Sec. 6.1.  Altered, forged or counterfeit Firearm Owner's
Identification Cards.
    (a)  Any person who forges or materially alters a Firearm
Owner's Identification Card or  who  counterfeits  a  Firearm
Owner's Identification Card commits a Class 2 felony.
    (b)  Any  person  who  knowingly  possesses  a  forged or
materially altered Firearm Owner's Identification  Card  with
the  intent to use it commits a Class 2 felony.  A person who
possesses  a  Firearm  Owner's   Identification   Card   with
knowledge that it is counterfeit commits a Class 2 felony.
    Passed in the General Assembly May 23, 2001.
    Approved August 17, 2001.

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