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Public Act 92-0839
SB1936 Enrolled LRB9214499RCcd
AN ACT in relation to 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 2 and 4 and by adding Section
15b as follows:
(430 ILCS 65/2) (from Ch. 38, par. 83-2)
Sec. 2. Firearm Owner's Identification Card required;
exceptions.
(a) (1) No person may acquire or possess any firearm
within this State without having in his or her possession a
Firearm Owner's Identification Card previously issued in his
or her name by the Department of State Police under the
provisions of this Act.
(2) No person may acquire or possess firearm ammunition
within this State without having in his or her possession a
Firearm Owner's Identification Card previously issued in his
or her name by the Department of State Police under the
provisions of this Act.
(b) The provisions of this Section regarding the
possession of firearms and firearm ammunition do not apply
to:
(1) United States Marshals, while engaged in the
operation of their official duties;
(2) Members of the Armed Forces of the United
States or the National Guard, while engaged in the
operation of their official duties;
(3) Federal officials required to carry firearms,
while engaged in the operation of their official duties;
(4) Members of bona fide veterans organizations
which receive firearms directly from the armed forces of
the United States, while using the firearms for
ceremonial purposes with blank ammunition;
(5) Nonresident hunters during hunting season, with
valid nonresident hunting licenses and while in an area
where hunting is permitted; however, at all other times
and in all other places these persons must have their
firearms unloaded and enclosed in a case;
(6) Those hunters exempt from obtaining a hunting
license who are required to submit their Firearm Owner's
Identification Card when hunting on Department of Natural
Resources owned or managed sites;
(7) Nonresidents while on a firing or shooting
range recognized by the Department of State Police;
however, these persons must at all other times and in all
other places have their firearms unloaded and enclosed in
a case;
(8) Nonresidents while at a firearm showing or
display recognized by the Department of State Police;
however, at all other times and in all other places these
persons must have their firearms unloaded and enclosed in
a case;
(9) Nonresidents whose firearms are unloaded and
enclosed in a case;
(10) Nonresidents who are currently licensed or
registered to possess a firearm in their resident state;
(11) Unemancipated minors while in the custody and
immediate control of their parent or legal guardian or
other person in loco parentis to the minor if the parent
or legal guardian or other person in loco parentis to the
minor has a currently valid Firearm Owner's
Identification Card;
(12) Color guards of bona fide veterans
organizations or members of bona fide American Legion
bands while using firearms for ceremonial purposes with
blank ammunition;
(13) Nonresident hunters whose state of residence
does not require them to be licensed or registered to
possess a firearm and only during hunting season, with
valid hunting licenses, while accompanied by, and using a
firearm owned by, a person who possesses a valid Firearm
Owner's Identification Card and while in an area within a
commercial club licensed under the Wildlife Code where
hunting is permitted and controlled, but in no instance
upon sites owned or managed by the Department of Natural
Resources; and
(14) Resident hunters who are properly authorized
to hunt and, while accompanied by a person who possesses
a valid Firearm Owner's Identification Card, hunt in an
area within a commercial club licensed under the Wildlife
Code where hunting is permitted and controlled; and.
(15) A person who is otherwise eligible to obtain a
Firearm Owner's Identification Card under this Act and is
under the direct supervision of a holder of a Firearm
Owner's Identification Card who is 21 years of age or
older while the person is on a firing or shooting range
or is a participant in a firearms safety and training
course recognized by a law enforcement agency or a
national, statewide shooting sports organization.
(c) The provisions of this Section regarding the
acquisition and possession of firearms and firearm ammunition
do not apply to law enforcement officials of this or any
other jurisdiction, while engaged in the operation of their
official duties.
(Source: P.A. 91-694, eff. 4-13-00.)
(430 ILCS 65/4) (from Ch. 38, par. 83-4)
Sec. 4. (a) Each applicant for a Firearm Owner's
Identification Card must:
(1) Make application on blank forms prepared and
furnished at convenient locations throughout the State by
the Department of State Police, or by electronic means,
if and when made available by the Department of State
Police; and
(2) Submit evidence to the Department of State
Police that:
(i) He or she is 21 years of age or over, or
if he or she is under 21 years of age that he or she
has the written consent of his or her parent or
legal guardian to possess and acquire firearms and
firearm ammunition and that he or she has never been
convicted of a misdemeanor other than a traffic
offense or adjudged delinquent, provided, however,
that such parent or legal guardian is not an
individual prohibited from having a Firearm Owner's
Identification Card and files an affidavit with the
Department as prescribed by the Department stating
that he or she is not an individual prohibited from
having a Card;
(ii) He or she has not been convicted of a
felony under the laws of this or any other
jurisdiction;
(iii) He or she is not addicted to narcotics;
(iv) He or she has not been a patient in a
mental institution within the past 5 years;
(v) He or she is not mentally retarded;
(vi) He or she is not an alien who is
unlawfully present in the United States under the
laws of the United States;
(vii) He or she is not subject to an existing
order of protection prohibiting him or her from
possessing a firearm;
(viii) He or she has not been convicted within
the past 5 years of battery, assault, aggravated
assault, violation of an order of protection, or a
substantially similar offense in another
jurisdiction, in which a firearm was used or
possessed;
(ix) He or she has not been convicted of
domestic battery or a substantially similar offense
in another jurisdiction committed on or after the
effective date of this amendatory Act of 1997; and
(x) He or she has not been convicted within
the past 5 years of domestic battery or a
substantially similar offense in another
jurisdiction committed before the effective date of
this amendatory Act of 1997; and
(3) Upon request by the Department of State Police,
sign a release on a form prescribed by the Department of
State Police waiving any right to confidentiality and
requesting the disclosure to the Department of State
Police of limited mental health institution admission
information from another state, the District of Columbia,
any other territory of the United States, or a foreign
nation concerning the applicant for the sole purpose of
determining whether the applicant is or was a patient in
a mental health institution and disqualified because of
that status from receiving a Firearm Owner's
Identification Card. No mental health care or treatment
records may be requested. The information received shall
be destroyed within one year of receipt.
(a-5) Each applicant for a Firearm Owner's
Identification Card who is over the age of 18 shall furnish
to the Department of State Police either his or her driver's
license number or Illinois Identification Card number.
(a-10) Each applicant for a Firearm Owner's
Identification Card, who is employed as an armed security
officer at a nuclear energy, storage, weapons, or development
facility regulated by the Nuclear Regulatory Commission and
who is not an Illinois resident, shall furnish to the
Department of State Police his or her driver's license number
or state identification card number from his or her state of
residence. The Department of State Police may promulgate
rules to enforce the provisions of this subsection (a-10).
(b) Each application form shall include the following
statement printed in bold type: "Warning: Entering false
information on an application for a Firearm Owner's
Identification Card is punishable as a Class 2 felony in
accordance with subsection (d-5) of Section 14 of the Firearm
Owners Identification Card Act.".
(c) Upon such written consent, pursuant to Section 4,
paragraph (a) (2) (i), the parent or legal guardian giving
the consent shall be liable for any damages resulting from
the applicant's use of firearms or firearm ammunition.
(Source: P.A. 91-514, eff. 1-1-00; 91-694, eff. 4-13-00;
92-442, eff. 8-17-01.)
(430 ILCS 65/15b new)
Sec. 15b. Certified abstracts. Any certified abstract
issued by the Director of State Police or transmitted
electronically by the Director of State Police under this
Section to a court or on request of a law enforcement agency
for the record of a named person as to the status of the
person's Firearm Owner's Identification Card is prima facie
evidence of the facts stated in the certified abstract and if
the name appearing in the abstract is the same as that of a
person named in an information or warrant, the abstract is
prima facie evidence that the person named in the information
or warrant is the same person as the person named in the
abstract and is admissible for any prosecution under this Act
or any other applicable violation of law and may be admitted
as proof of any prior conviction or proof of records,
notices, or orders recorded on individual Firearm Owner's
Identification Card records maintained by the Department of
State Police.
Section 10. The Criminal Code of 1961 is amended by
changing Section 24-3.1 as follows:
(720 ILCS 5/24-3.1) (from Ch. 38, par. 24-3.1)
Sec. 24-3.1. Unlawful possession of firearms and firearm
ammunition.
(a) A person commits the offense of unlawful possession
of firearms or firearm ammunition when:
(1) He is under 18 years of age and has in his
possession any firearm of a size which may be concealed
upon the person; or
(2) He is under 21 years of age, has been convicted
of a misdemeanor other than a traffic offense or adjudged
delinquent and has any firearms or firearm ammunition in
his possession; or
(3) He is a narcotic addict and has any firearms or
firearm ammunition in his possession; or
(4) He has been a patient in a mental hospital
within the past 5 years and has any firearms or firearm
ammunition in his possession; or
(5) He is mentally retarded and has any firearms or
firearm ammunition in his possession; or
(6) He has in his possession any explosive bullet.
For purposes of this paragraph "explosive bullet" means
the projectile portion of an ammunition cartridge which
contains or carries an explosive charge which will explode
upon contact with the flesh of a human or an animal.
"Cartridge" means a tubular metal case having a projectile
affixed at the front thereof and a cap or primer at the rear
end thereof, with the propellant contained in such tube
between the projectile and the cap; or
(b) Sentence.
Unlawful possession of firearms, other than handguns, and
firearm ammunition is a Class A misdemeanor. Unlawful
possession of handguns is a Class 4 felony.
(c) Nothing in paragraph (1) of subsection (a) of this
Section prohibits a person under 18 years of age from
participating in any lawful recreational activity with a
firearm such as, but not limited to, practice shooting at
targets upon established public or private target ranges or
hunting, trapping, or fishing in accordance with the Wildlife
Code or the Fish and Aquatic Life Code.
(Source: P.A. 91-696, eff. 4-13-00.)
Section 99. Effective date. This Act takes effect upon
becoming law.
Passed in the General Assembly May 30, 2002.
Approved August 22, 2002.
Effective August 22, 2002.
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