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91_HB0226
LRB9101241RCks
1 AN ACT in relation to firearms, amending named Acts.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Firearm Owners Identification Card Act is
5 amended by changing Sections 1.1, 3, 4, and 14 as follows:
6 (430 ILCS 65/1.1) (from Ch. 38, par. 83-1.1)
7 Sec. 1.1. For purposes of this Act:
8 "Firearm" means any device, by whatever name known, which
9 is designed to expel a projectile or projectiles by the
10 action of an explosion, expansion of gas or escape of gas;
11 excluding, however:
12 (1) any pneumatic gun, spring gun, paint ball gun
13 or B-B gun which either expels a single globular
14 projectile not exceeding .18 inch in diameter and which
15 has a maximum muzzle velocity of less than 700 feet per
16 second or breakable paint balls containing washable
17 marking colors;
18 (2) any device used exclusively for signalling or
19 safety and required or recommended by the United States
20 Coast Guard or the Interstate Commerce Commission; or
21 (3) any device used exclusively for the firing of
22 stud cartridges, explosive rivets or similar industrial
23 ammunition; and
24 (4) an antique firearm (other than a machine-gun)
25 which, although designed as a weapon, the Department of
26 State Police finds by reason of the date of its
27 manufacture, value, design, and other characteristics is
28 primarily a collector's item and is not likely to be used
29 as a weapon.
30 "Firearm ammunition" means any self-contained cartridge
31 or shotgun shell, by whatever name known, which is designed
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1 to be used or adaptable to use in a firearm; excluding,
2 however:
3 (1) any ammunition exclusively designed for use
4 with a device used exclusively for signalling or safety
5 and required or recommended by the United States Coast
6 Guard or the Interstate Commerce Commission; and or
7 (2) any ammunition designed exclusively for use
8 with a stud or rivet driver or other similar industrial
9 ammunition.
10 "Transfer" means the actual, constructive, or attempted
11 transfer of a firearm or firearm ammunition, with or without
12 consideration.
13 (Source: P.A. 86-349; 86-1265; revised 10-31-98.)
14 (430 ILCS 65/3) (from Ch. 38, par. 83-3)
15 Sec. 3. (a) Except as provided in Section 3a, no person
16 within this State may knowingly transfer, or cause to be
17 transferred, any firearm or any firearm ammunition to any
18 person within this State unless the transferee with whom he
19 deals displays a currently valid Firearm Owner's
20 Identification Card which has previously been issued in his
21 name by the Department of State Police under the provisions
22 of this Act. In addition, all firearm transfers by federally
23 licensed firearm dealers are subject to Section 3.1. The
24 person transferring the firearm or firearm ammunition shall,
25 at the time of the transfer, personally inspect the Firearm
26 Owner's Identification Card to verify the identity of the
27 person to whom the firearm or firearm ammunition is being
28 transferred.
29 (b) Any person within this State who transfers or causes
30 to be transferred any firearm shall keep a record of such
31 transfer for a period of 10 years from the date of transfer.
32 Such record shall contain the date of the transfer; the
33 description, serial number or other information identifying
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1 the firearm if no serial number is available; the name and
2 address of the person to whom the firearm is being
3 transferred; and, if the transfer was completed within this
4 State, the transferee's Firearm Owner's Identification Card
5 number. The record of transfer shall be made at the time of
6 transfer. On demand of a peace officer such transferor shall
7 produce for inspection such record of transfer.
8 (c) The provisions of this Section regarding the
9 transfer of firearm ammunition shall not apply to those
10 persons specified in paragraph (b) of Section 2 of this Act.
11 (d) Sentence.
12 (1) Except as set forth in paragraph (2) of this
13 subsection (d), a person who violates subsection (a) by
14 transferring or causing to be transferred in this State
15 any firearm to a person he or she knows or has reasonable
16 cause to believe does not possess a valid Firearm Owner's
17 Identification Card is guilty of a Class 4 felony. A
18 person who commits more than one violation of subsection
19 (a) as described in this Section:
20 (A) is guilty of a Class 3 felony for transfer
21 of not less than 2 firearms and not more than 5
22 firearms at the same time or within a one year
23 period;
24 (B) is guilty of a Class 2 felony for transfer
25 of not less than 6 firearms and not more than 10
26 firearms at the same time or within a 2 year period;
27 (C) is guilty of a Class 1 felony for transfer
28 of not less than 11 firearms and not more than 20
29 firearms at the same time or within a 3 year period;
30 (D) is guilty of a Class X felony for which
31 the person shall be sentenced to a term of
32 imprisonment of not less than 6 years and not more
33 than 30 years for transfer of not less than 21
34 firearms and not more than 30 firearms at the same
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1 time or within a 4 year period;
2 (E) is guilty of a Class X felony for which
3 the person shall be sentenced to a term of
4 imprisonment of not less than 6 years and not more
5 than 40 years for transfer of not less than 31
6 firearms and not more than 40 firearms at the same
7 time or within a 5 year period;
8 (F) is guilty of a Class X felony for which
9 the person shall be sentenced to a term of
10 imprisonment of not less than 6 years and not more
11 than 50 years for transfer of more than 40 firearms
12 at the same time or within a 6 year period.
13 (2) A person who violates subsection (a) by
14 transferring or causing to be transferred in this State
15 any firearm to a person he or she knows or has reasonable
16 cause to know does not possess a valid Firearm Owner's
17 Identification Card is guilty of a Class A misdemeanor if
18 the person transferring the firearm proves that the
19 transfer of the firearm was to a member of the person's
20 immediate family who is over the age of 18. For the
21 purposes of this paragraph (2), "immediate family" means
22 the person's spouse, parent, brother, sister, uncle,
23 aunt, child, or grandchild.
24 (3) A person who violates subsection (a) by
25 transferring or causing to be transferred in this State
26 any firearm ammunition to a person he or she knows or has
27 reasonable cause to believe does not possess a currently
28 valid Firearm Owners Identification Card is guilty of a
29 Class A misdemeanor for a first conviction, a Class 4
30 felony for a second conviction, and a Class 3 felony for
31 a third or subsequent conviction.
32 (4) A person who violates subsection (b) by failing
33 to keep records is guilty of a Class A misdemeanor if the
34 failure to keep records is not willful. A person who
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1 willfully fails to keep records of the transfer of a
2 firearm is guilty of a Class 4 felony. A person who
3 willfully fails to keep records relating to the transfer
4 of more than one firearm:
5 (A) is guilty of a Class 3 felony for transfer
6 of not less than 2 firearms and not more than 5
7 firearms at the same time or within a one year
8 period;
9 (B) is guilty of a Class 2 felony for transfer
10 of not less than 6 firearms and not more than 10
11 firearms at the same time or within a 2 year period;
12 (C) is guilty of a Class 1 felony for transfer
13 of not less than 11 firearms and not more than 20
14 firearms at the same time or within a 3 year period;
15 (D) is guilty of a Class X felony for which
16 the person shall be sentenced to a term of
17 imprisonment of not less than 6 years and not more
18 than 30 years for transfer of not less than 21
19 firearms and not more than 30 firearms at the same
20 time or within a 4 year period;
21 (E) is guilty of a Class X felony for which
22 the person shall be sentenced to a term of
23 imprisonment of not less than 6 years and not more
24 than 40 years for transfer of not less than 31
25 firearms and not more than 40 firearms at the same
26 time or within a 5 year period;
27 (F) is guilty of a Class X felony for which
28 the person shall be sentenced to a term of
29 imprisonment of not less than 6 years and not more
30 than 50 years for transfer of more than 40 firearms
31 at the same time or within a 6 year period.
32 (Source: P.A. 87-299.)
33 (430 ILCS 65/4) (from Ch. 38, par. 83-4)
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1 Sec. 4. (a) Each applicant for a Firearm Owner's
2 Identification Card shall:
3 (1) Make application on blank forms prepared and
4 furnished at convenient locations throughout the State by
5 the Department of State Police; and
6 (2) Submit evidence under penalty of perjury to the
7 Department of State Police that:
8 (i) He is 21 years of age or over, or if he is
9 under 21 years of age that he has the written
10 consent of his parent or legal guardian to possess
11 and acquire firearms and firearm ammunition and that
12 he has never been convicted of a misdemeanor other
13 than a traffic offense or adjudged delinquent,
14 provided, however, that such parent or legal
15 guardian is not an individual prohibited from having
16 a Firearm Owner's Identification Card and files an
17 affidavit with the Department as prescribed by the
18 Department stating that he is not an individual
19 prohibited from having a Card;
20 (ii) He has not been convicted of a felony
21 under the laws of this or any other jurisdiction;
22 (iii) He is not addicted to narcotics;
23 (iv) He has not been a patient in a mental
24 institution within the past 5 years;
25 (v) He is not mentally retarded;
26 (vi) He is not an alien who is unlawfully
27 present in the United States under the laws of the
28 United States;
29 (vii) He or she is not subject to an existing
30 order of protection prohibiting him or her from
31 possessing a firearm;
32 (viii) He or she has not been convicted within
33 the past 5 years of battery, assault, aggravated
34 assault, violation of an order of protection, or a
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1 substantially similar offense in another
2 jurisdiction, in which a firearm was used or
3 possessed;
4 (ix) He or she has not been convicted of
5 domestic battery or a substantially similar offense
6 in another jurisdiction committed on or after the
7 effective date of this amendatory Act of 1997; and
8 (x) He or she has not been convicted within
9 the past 5 years of domestic battery or a
10 substantially similar offense in another
11 jurisdiction committed before the effective date of
12 this amendatory Act of 1997.
13 (a-5) The application shall require the applicant to
14 list his or her social security number, the full maiden name
15 of his or her mother or other code name information
16 prescribed by the Director of State Police by rule, and his
17 or her driver's license number or State identification card
18 number.
19 (b) Each application form shall include the following
20 statement printed in bold type: "Warning: False statements
21 of the applicant shall result in prosecution for perjury in
22 accordance with Section 32-2 of the Criminal Code of 1961.".
23 (c) Upon such written consent, pursuant to Section 4,
24 paragraph (a) (2) (i), the parent or legal guardian giving
25 the consent shall be liable for any damages resulting from
26 the applicant's use of firearms or firearm ammunition.
27 (Source: P.A. 89-367, eff. 1-1-96; 90-493, eff. 1-1-98.)
28 (430 ILCS 65/14) (from Ch. 38, par. 83-14)
29 Sec. 14. Sentence.
30 (a) A violation of paragraph (1) of subsection (a) of
31 Section 2, when the person's Firearm Owner's Identification
32 Card is expired but the person is not otherwise disqualified
33 from renewing the card, is a Class A misdemeanor.
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1 (b) Except as provided in subsection (a) with respect to
2 an expired card, a violation of paragraph (1) of subsection
3 (a) of Section 2 is a Class A misdemeanor when the person
4 does not possess a currently valid Firearm Owner's
5 Identification Card, but is otherwise eligible under this
6 Act. A second or subsequent violation is a Class 4 felony.
7 (c) A violation of paragraph (1) of subsection (a) of
8 Section 2 is a Class 3 felony when:
9 (1) the person's Firearm Owner's Identification
10 Card is revoked or subject to revocation under Section 8;
11 or
12 (2) the person's Firearm Owner's Identification
13 Card is expired and not otherwise eligible for renewal
14 under this Act; or
15 (3) the person does not possess a currently valid
16 Firearm Owner's Identification Card, and the person is
17 not otherwise eligible under this Act.
18 (d) Except as otherwise provided in subsection (d) of
19 Section 3, a violation of subsection (a) of Section 3 is a
20 Class 4 felony.
21 (e) Except as otherwise provided in Section 3, any other
22 violation of this Act is a Class A misdemeanor.
23 (Source: P.A. 88-680, eff. 1-1-95; 89-377, eff. 8-18-95.)
24 Section 10. The Criminal Code of 1961 is amended by
25 changing Section 24-4 as follows:
26 (720 ILCS 5/24-4) (from Ch. 38, par. 24-4)
27 Sec. 24-4. Register of sales by dealer.
28 (a) Any seller of firearms of a size which may be
29 concealed upon the person, other than a manufacturer selling
30 to a bona fide wholesaler or retailer or a wholesaler selling
31 to a bona fide retailer, shall keep a register of all
32 firearms sold or given away.
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1 (b) The Such register shall contain the date of the sale
2 or gift, the name, address, age and occupation of the person
3 to whom the weapon is sold or given, the price of the weapon,
4 the kind, description and number of the weapon, and the
5 purpose for which it is purchased and obtained.
6 (b-5) The seller shall, within 24 hours of making a sale
7 required to be registered under this Section, transmit the
8 information described in subsection (b) to the Department of
9 State Police.
10 (c) The Such seller on demand of a peace officer shall
11 produce for inspection the register and allow such peace
12 officer to inspect such register and all stock on hand.
13 (d) Sentence.
14 Violation of this Section is a Class B misdemeanor.
15 (Source: P.A. 77-2638.)