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91_HB0535
LRB9100176RCksA
1 AN ACT to amend the Firearm Owners Identification Card
2 Act by changing Section 13.1.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Firearm Owners Identification Card Act is
6 amended by changing Section 13.1 as follows:
7 (430 ILCS 65/13.1) (from Ch. 38, par. 83-13.1)
8 Sec. 13.1. Local regulation.
9 (a) The provisions of any ordinance enacted by any
10 municipality which requires registration or imposes greater
11 restrictions or limitations on the acquisition, possession
12 and transfer of firearms, other than rifles and shotguns
13 legally purchased or possessed under federal and State law,
14 than are imposed by this Act, are not invalidated or affected
15 by this Act.
16 (b) A unit of local government, including a home rule
17 unit, may not regulate the acquisition, possession,
18 transportation, storage, purchase, selling, or otherwise
19 dealing in rifles and shotguns legally purchased or possessed
20 under federal and State law and may not regulate ammunition,
21 components, accessories, or accoutrements of rifles and
22 shotguns. It is declared to be the public policy of this
23 State that regulation of the acquisition, possession,
24 transportation, storage, purchase, selling, or otherwise
25 dealing in rifles and shotguns legally purchased or possessed
26 under federal and State law and the regulation of ammunition,
27 components, accessories, or accoutrements of rifles and
28 shotguns is an exclusive State power or function. Such power
29 or function shall not be exercised concurrently, either
30 directly or indirectly by any unit of local government,
31 including home rule units. This subsection (b) is a denial
-2- LRB9100176RCksA
1 and limitation of home rule powers and functions under
2 subsection (h) of Section 6 of Article VII of the Illinois
3 Constitution.
4 (c) A firearm dealer or gun show that operates his, her,
5 or its business in compliance with federal and State law is
6 entitled to operate his, her, or its business in any one or
7 more of the following ways: as a seller of firearms only to
8 members of an organized gun club of which the seller is a
9 member, as a home business if there is no outward display of
10 firearms or advertising signs and the business complies with
11 local zoning and other ordinances that apply equally to all
12 home businesses, at gun shows regulated by the Illinois
13 Department of State Police, or in suitable business districts
14 anywhere in this State; and no unit of local government,
15 including a home rule unit, may limit, abridge, or deny that
16 right, except to impose license fees and occupation and use
17 taxes that are the same as for other sporting goods
18 businesses. This subsection (c) is a limitation under
19 subsection (i) of Section 6 of Article VII of the Illinois
20 Constitution on the concurrent exercise by home rule units of
21 powers and functions exercised by the State.
22 (Source: P.A. 76-1939.)