101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB1632

 

Introduced , by Rep. Allen Skillicorn

 

SYNOPSIS AS INTRODUCED:
 
430 ILCS 65/1  from Ch. 38, par. 83-1
430 ILCS 65/2  from Ch. 38, par. 83-2
430 ILCS 65/3  from Ch. 38, par. 83-3
430 ILCS 65/3.1  from Ch. 38, par. 83-3.1

    Amends the Firearm Owners Identification Card Act. Removes provisions that a person may not acquire or possess a stun gun or taser within the 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 the Act.


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A BILL FOR

 

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1    AN ACT concerning safety.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Firearm Owners Identification Card Act is
5amended by changing Sections 1, 2, 3, and 3.1 as follows:
 
6    (430 ILCS 65/1)  (from Ch. 38, par. 83-1)
7    Sec. 1. It is hereby declared as a matter of legislative
8determination that in order to promote and protect the health,
9safety and welfare of the public, it is necessary and in the
10public interest to provide a system of identifying persons who
11are not qualified to acquire or possess firearms, and firearm
12ammunition, stun guns, and tasers within the State of Illinois
13by the establishment of a system of Firearm Owner's
14Identification Cards, thereby establishing a practical and
15workable system by which law enforcement authorities will be
16afforded an opportunity to identify those persons who are
17prohibited by Section 24-3.1 of the Criminal Code of 2012, from
18acquiring or possessing firearms and firearm ammunition and who
19are prohibited by this Act from acquiring stun guns and tasers.
20(Source: P.A. 97-1150, eff. 1-25-13.)
 
21    (430 ILCS 65/2)  (from Ch. 38, par. 83-2)
22    Sec. 2. Firearm Owner's Identification Card required;

 

 

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1exceptions.
2    (a) (1) No person may acquire or possess any firearm, stun
3gun, or taser within this State without having in his or her
4possession a Firearm Owner's Identification Card previously
5issued in his or her name by the Department of State Police
6under the provisions of this Act.
7    (2) No person may acquire or possess firearm ammunition
8within this State without having in his or her possession a
9Firearm Owner's Identification Card previously issued in his or
10her name by the Department of State Police under the provisions
11of this Act.
12    (b) The provisions of this Section regarding the possession
13of firearms or , firearm ammunition, stun guns, and tasers do
14not apply to:
15        (1) United States Marshals, while engaged in the
16    operation of their official duties;
17        (2) Members of the Armed Forces of the United States or
18    the National Guard, while engaged in the operation of their
19    official duties;
20        (3) Federal officials required to carry firearms,
21    while engaged in the operation of their official duties;
22        (4) Members of bona fide veterans organizations which
23    receive firearms directly from the armed forces of the
24    United States, while using the firearms for ceremonial
25    purposes with blank ammunition;
26        (5) Nonresident hunters during hunting season, with

 

 

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1    valid nonresident hunting licenses and while in an area
2    where hunting is permitted; however, at all other times and
3    in all other places these persons must have their firearms
4    unloaded and enclosed in a case;
5        (6) Those hunters exempt from obtaining a hunting
6    license who are required to submit their Firearm Owner's
7    Identification Card when hunting on Department of Natural
8    Resources owned or managed sites;
9        (7) Nonresidents while on a firing or shooting range
10    recognized by the Department of State Police; however,
11    these persons must at all other times and in all other
12    places have their firearms unloaded and enclosed in a case;
13        (8) Nonresidents while at a firearm showing or display
14    recognized by the Department of State Police; however, at
15    all other times and in all other places these persons must
16    have their firearms unloaded and enclosed in a case;
17        (9) Nonresidents whose firearms are unloaded and
18    enclosed in a case;
19        (10) Nonresidents who are currently licensed or
20    registered to possess a firearm in their resident state;
21        (11) Unemancipated minors while in the custody and
22    immediate control of their parent or legal guardian or
23    other person in loco parentis to the minor if the parent or
24    legal guardian or other person in loco parentis to the
25    minor has a currently valid Firearm Owner's Identification
26    Card;

 

 

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1        (12) Color guards of bona fide veterans organizations
2    or members of bona fide American Legion bands while using
3    firearms for ceremonial purposes with blank ammunition;
4        (13) Nonresident hunters whose state of residence does
5    not require them to be licensed or registered to possess a
6    firearm and only during hunting season, with valid hunting
7    licenses, while accompanied by, and using a firearm owned
8    by, a person who possesses a valid Firearm Owner's
9    Identification Card and while in an area within a
10    commercial club licensed under the Wildlife Code where
11    hunting is permitted and controlled, but in no instance
12    upon sites owned or managed by the Department of Natural
13    Resources;
14        (14) Resident hunters who are properly authorized to
15    hunt and, while accompanied by a person who possesses a
16    valid Firearm Owner's Identification Card, hunt in an area
17    within a commercial club licensed under the Wildlife Code
18    where hunting is permitted and controlled;
19        (15) A person who is otherwise eligible to obtain a
20    Firearm Owner's Identification Card under this Act and is
21    under the direct supervision of a holder of a Firearm
22    Owner's Identification Card who is 21 years of age or older
23    while the person is on a firing or shooting range or is a
24    participant in a firearms safety and training course
25    recognized by a law enforcement agency or a national,
26    statewide shooting sports organization; and

 

 

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1        (16) Competitive shooting athletes whose competition
2    firearms are sanctioned by the International Olympic
3    Committee, the International Paralympic Committee, the
4    International Shooting Sport Federation, or USA Shooting
5    in connection with such athletes' training for and
6    participation in shooting competitions at the 2016 Olympic
7    and Paralympic Games and sanctioned test events leading up
8    to the 2016 Olympic and Paralympic Games.
9    (c) The provisions of this Section regarding the
10acquisition and possession of firearms or , firearm ammunition,
11stun guns, and tasers do not apply to law enforcement officials
12of this or any other jurisdiction, while engaged in the
13operation of their official duties.
14    (c-5) The provisions of paragraphs (1) and (2) of
15subsection (a) of this Section regarding the possession of
16firearms and firearm ammunition do not apply to the holder of a
17valid concealed carry license issued under the Firearm
18Concealed Carry Act who is in physical possession of the
19concealed carry license.
20    (d) Any person who becomes a resident of this State, who is
21not otherwise prohibited from obtaining, possessing, or using a
22firearm or firearm ammunition, shall not be required to have a
23Firearm Owner's Identification Card to possess firearms or
24firearms ammunition until 60 calendar days after he or she
25obtains an Illinois driver's license or Illinois
26Identification Card.

 

 

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1(Source: P.A. 99-29, eff. 7-10-15.)
 
2    (430 ILCS 65/3)  (from Ch. 38, par. 83-3)
3    Sec. 3. (a) Except as provided in Section 3a, no person may
4knowingly transfer, or cause to be transferred, any firearm or
5, firearm ammunition, stun gun, or taser to any person within
6this State unless the transferee with whom he deals displays
7either: (1) a currently valid Firearm Owner's Identification
8Card which has previously been issued in his or her name by the
9Department of State Police under the provisions of this Act; or
10(2) a currently valid license to carry a concealed firearm
11which has previously been issued in his or her name by the
12Department of State Police under the Firearm Concealed Carry
13Act. In addition, all firearm, stun gun, and taser transfers by
14federally licensed firearm dealers are subject to Section 3.1.
15    (a-5) Any person who is not a federally licensed firearm
16dealer and who desires to transfer or sell a firearm while that
17person is on the grounds of a gun show must, before selling or
18transferring the firearm, request the Department of State
19Police to conduct a background check on the prospective
20recipient of the firearm in accordance with Section 3.1.
21    (a-10) Notwithstanding item (2) of subsection (a) of this
22Section, any person who is not a federally licensed firearm
23dealer and who desires to transfer or sell a firearm or
24firearms to any person who is not a federally licensed firearm
25dealer shall, before selling or transferring the firearms,

 

 

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1contact the Department of State Police with the transferee's or
2purchaser's Firearm Owner's Identification Card number to
3determine the validity of the transferee's or purchaser's
4Firearm Owner's Identification Card. This subsection shall not
5be effective until January 1, 2014. The Department of State
6Police may adopt rules concerning the implementation of this
7subsection. The Department of State Police shall provide the
8seller or transferor an approval number if the purchaser's
9Firearm Owner's Identification Card is valid. Approvals issued
10by the Department for the purchase of a firearm pursuant to
11this subsection are valid for 30 days from the date of issue.
12    (a-15) The provisions of subsection (a-10) of this Section
13do not apply to:
14        (1) transfers that occur at the place of business of a
15    federally licensed firearm dealer, if the federally
16    licensed firearm dealer conducts a background check on the
17    prospective recipient of the firearm in accordance with
18    Section 3.1 of this Act and follows all other applicable
19    federal, State, and local laws as if he or she were the
20    seller or transferor of the firearm, although the dealer is
21    not required to accept the firearm into his or her
22    inventory. The purchaser or transferee may be required by
23    the federally licensed firearm dealer to pay a fee not to
24    exceed $10 per firearm, which the dealer may retain as
25    compensation for performing the functions required under
26    this paragraph, plus the applicable fees authorized by

 

 

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1    Section 3.1;
2        (2) transfers as a bona fide gift to the transferor's
3    husband, wife, son, daughter, stepson, stepdaughter,
4    father, mother, stepfather, stepmother, brother, sister,
5    nephew, niece, uncle, aunt, grandfather, grandmother,
6    grandson, granddaughter, father-in-law, mother-in-law,
7    son-in-law, or daughter-in-law;
8        (3) transfers by persons acting pursuant to operation
9    of law or a court order;
10        (4) transfers on the grounds of a gun show under
11    subsection (a-5) of this Section;
12        (5) the delivery of a firearm by its owner to a
13    gunsmith for service or repair, the return of the firearm
14    to its owner by the gunsmith, or the delivery of a firearm
15    by a gunsmith to a federally licensed firearms dealer for
16    service or repair and the return of the firearm to the
17    gunsmith;
18        (6) temporary transfers that occur while in the home of
19    the unlicensed transferee, if the unlicensed transferee is
20    not otherwise prohibited from possessing firearms and the
21    unlicensed transferee reasonably believes that possession
22    of the firearm is necessary to prevent imminent death or
23    great bodily harm to the unlicensed transferee;
24        (7) transfers to a law enforcement or corrections
25    agency or a law enforcement or corrections officer acting
26    within the course and scope of his or her official duties;

 

 

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1        (8) transfers of firearms that have been rendered
2    permanently inoperable to a nonprofit historical society,
3    museum, or institutional collection; and
4        (9) transfers to a person who is exempt from the
5    requirement of possessing a Firearm Owner's Identification
6    Card under Section 2 of this Act.
7    (a-20) The Department of State Police shall develop an
8Internet-based system for individuals to determine the
9validity of a Firearm Owner's Identification Card prior to the
10sale or transfer of a firearm. The Department shall have the
11Internet-based system completed and available for use by July
121, 2015. The Department shall adopt rules not inconsistent with
13this Section to implement this system.
14    (b) Any person within this State who transfers or causes to
15be transferred any firearm, stun gun, or taser shall keep a
16record of such transfer for a period of 10 years from the date
17of transfer. Such record shall contain the date of the
18transfer; the description, serial number or other information
19identifying the firearm, stun gun, or taser if no serial number
20is available; and, if the transfer was completed within this
21State, the transferee's Firearm Owner's Identification Card
22number and any approval number or documentation provided by the
23Department of State Police pursuant to subsection (a-10) of
24this Section. On or after January 1, 2006, the record shall
25contain the date of application for transfer of the firearm. On
26demand of a peace officer such transferor shall produce for

 

 

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1inspection such record of transfer. If the transfer or sale
2took place at a gun show, the record shall include the unique
3identification number. Failure to record the unique
4identification number or approval number is a petty offense.
5    (b-5) Any resident may purchase ammunition from a person
6within or outside of Illinois if shipment is by United States
7mail or by a private express carrier authorized by federal law
8to ship ammunition. Any resident purchasing ammunition within
9or outside the State of Illinois must provide the seller with a
10copy of his or her valid Firearm Owner's Identification Card or
11valid concealed carry license and either his or her Illinois
12driver's license or Illinois State Identification Card prior to
13the shipment of the ammunition. The ammunition may be shipped
14only to an address on either of those 2 documents.
15    (c) The provisions of this Section regarding the transfer
16of firearm ammunition shall not apply to those persons
17specified in paragraph (b) of Section 2 of this Act.
18(Source: P.A. 98-508, eff. 8-19-13; 99-29, eff. 7-10-15.)
 
19    (430 ILCS 65/3.1)  (from Ch. 38, par. 83-3.1)
20    Sec. 3.1. Dial up system.
21    (a) The Department of State Police shall provide a dial up
22telephone system or utilize other existing technology which
23shall be used by any federally licensed firearm dealer, gun
24show promoter, or gun show vendor who is to transfer a firearm,
25stun gun, or taser under the provisions of this Act. The

 

 

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1Department of State Police may utilize existing technology
2which allows the caller to be charged a fee not to exceed $2.
3Fees collected by the Department of State Police shall be
4deposited in the State Police Services Fund and used to provide
5the service.
6    (b) Upon receiving a request from a federally licensed
7firearm dealer, gun show promoter, or gun show vendor, the
8Department of State Police shall immediately approve, or within
9the time period established by Section 24-3 of the Criminal
10Code of 2012 regarding the delivery of firearms, stun guns, and
11tasers notify the inquiring dealer, gun show promoter, or gun
12show vendor of any objection that would disqualify the
13transferee from acquiring or possessing a firearm, stun gun, or
14taser. In conducting the inquiry, the Department of State
15Police shall initiate and complete an automated search of its
16criminal history record information files and those of the
17Federal Bureau of Investigation, including the National
18Instant Criminal Background Check System, and of the files of
19the Department of Human Services relating to mental health and
20developmental disabilities to obtain any felony conviction or
21patient hospitalization information which would disqualify a
22person from obtaining or require revocation of a currently
23valid Firearm Owner's Identification Card.
24    (c) If receipt of a firearm would not violate Section 24-3
25of the Criminal Code of 2012, federal law, or this Act the
26Department of State Police shall:

 

 

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1        (1) assign a unique identification number to the
2    transfer; and
3        (2) provide the licensee, gun show promoter, or gun
4    show vendor with the number.
5    (d) Approvals issued by the Department of State Police for
6the purchase of a firearm are valid for 30 days from the date
7of issue.
8    (e) (1) The Department of State Police must act as the
9Illinois Point of Contact for the National Instant Criminal
10Background Check System.
11    (2) The Department of State Police and the Department of
12Human Services shall, in accordance with State and federal law
13regarding confidentiality, enter into a memorandum of
14understanding with the Federal Bureau of Investigation for the
15purpose of implementing the National Instant Criminal
16Background Check System in the State. The Department of State
17Police shall report the name, date of birth, and physical
18description of any person prohibited from possessing a firearm
19pursuant to the Firearm Owners Identification Card Act or 18
20U.S.C. 922(g) and (n) to the National Instant Criminal
21Background Check System Index, Denied Persons Files.
22    (3) The Department of State Police shall provide notice of
23the disqualification of a person under subsection (b) of this
24Section or the revocation of a person's Firearm Owner's
25Identification Card under Section 8 or Section 8.2 of this Act,
26and the reason for the disqualification or revocation, to all

 

 

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1law enforcement agencies with jurisdiction to assist with the
2seizure of the person's Firearm Owner's Identification Card.
3    (f) The Department of State Police shall adopt rules not
4inconsistent with this Section to implement this system.
5(Source: P.A. 98-63, eff. 7-9-13; 99-787, eff. 1-1-17.)