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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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