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92_SB1936sam001
LRB9214499RCcdam
1 AMENDMENT TO SENATE BILL 1936
2 AMENDMENT NO. . Amend Senate Bill 1936 as follows:
3 by replacing everything after the enacting clause with the
4 following:
5 "Section 5. The Firearm Owners Identification Card Act
6 is amended by changing Section 2 as follows:
7 (430 ILCS 65/2) (from Ch. 38, par. 83-2)
8 Sec. 2. Firearm Owner's Identification Card required;
9 exceptions.
10 (a) (1) No person may acquire or possess any firearm
11 within this State without having in his or her possession a
12 Firearm Owner's Identification Card previously issued in his
13 or her name by the Department of State Police under the
14 provisions of this Act.
15 (2) No person may acquire or possess firearm ammunition
16 within this State without having in his or her possession a
17 Firearm Owner's Identification Card previously issued in his
18 or her name by the Department of State Police under the
19 provisions of this Act.
20 (b) The provisions of this Section regarding the
21 possession of firearms and firearm ammunition do not apply
-2- LRB9214499RCcdam
1 to:
2 (1) United States Marshals, while engaged in the
3 operation of their official duties;
4 (2) Members of the Armed Forces of the United
5 States or the National Guard, while engaged in the
6 operation of their official duties;
7 (3) Federal officials required to carry firearms,
8 while engaged in the operation of their official duties;
9 (4) Members of bona fide veterans organizations
10 which receive firearms directly from the armed forces of
11 the United States, while using the firearms for
12 ceremonial purposes with blank ammunition;
13 (5) Nonresident hunters during hunting season, with
14 valid nonresident hunting licenses and while in an area
15 where hunting is permitted; however, at all other times
16 and in all other places these persons must have their
17 firearms unloaded and enclosed in a case;
18 (6) Those hunters exempt from obtaining a hunting
19 license who are required to submit their Firearm Owner's
20 Identification Card when hunting on Department of Natural
21 Resources owned or managed sites;
22 (7) Nonresidents while on a firing or shooting
23 range recognized by the Department of State Police;
24 however, these persons must at all other times and in all
25 other places have their firearms unloaded and enclosed in
26 a case;
27 (8) Nonresidents while at a firearm showing or
28 display recognized by the Department of State Police;
29 however, at all other times and in all other places these
30 persons must have their firearms unloaded and enclosed in
31 a case;
32 (9) Nonresidents whose firearms are unloaded and
33 enclosed in a case;
34 (10) Nonresidents who are currently licensed or
-3- LRB9214499RCcdam
1 registered to possess a firearm in their resident state;
2 (11) Unemancipated minors while in the custody and
3 immediate control of their parent or legal guardian or
4 other person in loco parentis to the minor if the parent
5 or legal guardian or other person in loco parentis to the
6 minor has a currently valid Firearm Owner's
7 Identification Card;
8 (12) Color guards of bona fide veterans
9 organizations or members of bona fide American Legion
10 bands while using firearms for ceremonial purposes with
11 blank ammunition;
12 (13) Nonresident hunters whose state of residence
13 does not require them to be licensed or registered to
14 possess a firearm and only during hunting season, with
15 valid hunting licenses, while accompanied by, and using a
16 firearm owned by, a person who possesses a valid Firearm
17 Owner's Identification Card and while in an area within a
18 commercial club licensed under the Wildlife Code where
19 hunting is permitted and controlled, but in no instance
20 upon sites owned or managed by the Department of Natural
21 Resources; and
22 (14) Resident hunters who are properly authorized
23 to hunt and, while accompanied by a person who possesses
24 a valid Firearm Owner's Identification Card, hunt in an
25 area within a commercial club licensed under the Wildlife
26 Code where hunting is permitted and controlled; and.
27 (15) A person who is otherwise eligible to obtain a
28 Firearm Owner's Identification Card under this Act and is
29 under the direct supervision of a holder of a Firearm
30 Owner's Identification Card while the person is on a
31 firing or shooting range or is a participant in a
32 firearms safety and training course recognized by a law
33 enforcement agency or a national, statewide shooting
34 sports organization.
-4- LRB9214499RCcdam
1 (c) The provisions of this Section regarding the
2 acquisition and possession of firearms and firearm ammunition
3 do not apply to law enforcement officials of this or any
4 other jurisdiction, while engaged in the operation of their
5 official duties.
6 (Source: P.A. 91-694, eff. 4-13-00.)
7 Section 10. The Criminal Code of 1961 is amended by
8 changing Section 24-3.1 as follows:
9 (720 ILCS 5/24-3.1) (from Ch. 38, par. 24-3.1)
10 Sec. 24-3.1. Unlawful possession of firearms and firearm
11 ammunition.
12 (a) A person commits the offense of unlawful possession
13 of firearms or firearm ammunition when:
14 (1) He is under 18 years of age and has in his
15 possession any firearm of a size which may be concealed
16 upon the person; or
17 (2) He is under 21 years of age, has been convicted
18 of a misdemeanor other than a traffic offense or adjudged
19 delinquent and has any firearms or firearm ammunition in
20 his possession; or
21 (3) He is a narcotic addict and has any firearms or
22 firearm ammunition in his possession; or
23 (4) He has been a patient in a mental hospital
24 within the past 5 years and has any firearms or firearm
25 ammunition in his possession; or
26 (5) He is mentally retarded and has any firearms or
27 firearm ammunition in his possession; or
28 (6) He has in his possession any explosive bullet.
29 For purposes of this paragraph "explosive bullet" means
30 the projectile portion of an ammunition cartridge which
31 contains or carries an explosive charge which will explode
32 upon contact with the flesh of a human or an animal.
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1 "Cartridge" means a tubular metal case having a projectile
2 affixed at the front thereof and a cap or primer at the rear
3 end thereof, with the propellant contained in such tube
4 between the projectile and the cap; or
5 (b) Sentence.
6 Unlawful possession of firearms, other than handguns, and
7 firearm ammunition is a Class A misdemeanor. Unlawful
8 possession of handguns is a Class 4 felony.
9 (c) Nothing in paragraph (1) of subsection (a) of this
10 Section prohibits a person under 18 years of age from
11 participating in any lawful recreational activity with a
12 firearm such as, but not limited to, practice shooting at
13 targets upon established public or private target ranges or
14 hunting, trapping, or fishing in accordance with the Wildlife
15 Code or the Fish and Aquatic Life Code.
16 (Source: P.A. 91-696, eff. 4-13-00.)
17 Section 99. Effective date. This Act takes effect upon
18 becoming law.".