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Public Act 094-0353


 

Public Act 0353 94TH GENERAL ASSEMBLY



 


 
Public Act 094-0353
 
SB1333 Enrolled LRB094 04596 RLC 34625 b

    AN ACT concerning 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 1.1, 3, 3.1, 3a, and 5 as follows:
 
    (430 ILCS 65/1.1)  (from Ch. 38, par. 83-1.1)
    Sec. 1.1. For purposes of this Act:
    "Counterfeit" means to copy or imitate, without legal
authority, with intent to deceive.
    "Federally licensed firearm dealer" means a person who is
licensed as a federal firearms dealer under Section 923 of the
federal Gun Control Act of 1968 (18 U.S.C. 923).
    "Firearm" means any device, by whatever name known, which
is designed to expel a projectile or projectiles by the action
of an explosion, expansion of gas or escape of gas; excluding,
however:
        (1) any pneumatic gun, spring gun, paint ball gun or
    B-B gun which either expels a single globular projectile
    not exceeding .18 inch in diameter and which has a maximum
    muzzle velocity of less than 700 feet per second or
    breakable paint balls containing washable marking colors;
        (2) any device used exclusively for signalling or
    safety and required or recommended by the United States
    Coast Guard or the Interstate Commerce Commission;
        (3) any device used exclusively for the firing of stud
    cartridges, explosive rivets or similar industrial
    ammunition; and
        (4) an antique firearm (other than a machine-gun)
    which, although designed as a weapon, the Department of
    State Police finds by reason of the date of its
    manufacture, value, design, and other characteristics is
    primarily a collector's item and is not likely to be used
    as a weapon.
    "Firearm ammunition" means any self-contained cartridge or
shotgun shell, by whatever name known, which is designed to be
used or adaptable to use in a firearm; excluding, however:
        (1) any ammunition exclusively designed for use with a
    device used exclusively for signalling or safety and
    required or recommended by the United States Coast Guard or
    the Interstate Commerce Commission; and
        (2) any ammunition designed exclusively for use with a
    stud or rivet driver or other similar industrial
    ammunition.
    "Gun show" means an event or function:
        (1) at which the sale and transfer of firearms is the
    regular and normal course of business and where 50 or more
    firearms are displayed, offered, or exhibited for sale,
    transfer, or exchange; or
        (2) at which not less than 10 gun show vendors display,
    offer, or exhibit for sale, sell, transfer, or exchange
    firearms.
    "Gun show" includes the entire premises provided for an
event or function, including parking areas for the event or
function, that is sponsored to facilitate the purchase, sale,
transfer, or exchange of firearms as described in this Section.
    "Gun show" does not include training or safety classes,
competitive shooting events, such as rifle, shotgun, or handgun
matches, trap, skeet, or sporting clays shoots, dinners,
banquets, raffles, or any other event where the sale or
transfer of firearms is not the primary course of business.
    "Gun show promoter" means a person who organizes or
operates a gun show.
    "Gun show vendor" means a person who exhibits, sells,
offers for sale, transfers, or exchanges any firearms at a gun
show, regardless of whether the person arranges with a gun show
promoter for a fixed location from which to exhibit, sell,
offer for sale, transfer, or exchange any firearm.
    "Sanctioned competitive shooting event" means a shooting
contest officially recognized by a national or state shooting
sport association, and includes any sight-in or practice
conducted in conjunction with the event.
(Source: P.A. 91-357, eff. 7-29-99; 92-414, eff. 1-1-02.)
 
    (430 ILCS 65/3)  (from Ch. 38, par. 83-3)
    Sec. 3. (a) Except as provided in Section 3a, no person may
knowingly transfer, or cause to be transferred, any firearm or
any firearm ammunition to any person within this State unless
the transferee with whom he deals displays a currently valid
Firearm Owner's Identification Card which has previously been
issued in his name by the Department of State Police under the
provisions of this Act. In addition, all firearm transfers by
federally licensed firearm dealers are subject to Section 3.1.
    (a-5) Any person who is not a federally licensed firearm
dealer and who desires to transfer or sell a firearm while that
person is on the grounds of a gun show must, before selling or
transferring the firearm, request the Department of State
Police to conduct a background check on the prospective
recipient of the firearm in accordance with Section 3.1.
    (b) Any person within this State who transfers or causes to
be transferred any firearm shall keep a record of such transfer
for a period of 10 years from the date of transfer. Such record
shall contain the date of the transfer; the description, serial
number or other information identifying the firearm if no
serial number is available; and, if the transfer was completed
within this State, the transferee's Firearm Owner's
Identification Card number. On demand of a peace officer such
transferor shall produce for inspection such record of
transfer. If the transfer or sale took place at a gun show, the
record shall include the unique identification number. Failure
to record the unique identification number is a petty offense.
    (c) The provisions of this Section regarding the transfer
of firearm ammunition shall not apply to those persons
specified in paragraph (b) of Section 2 of this Act.
(Source: P.A. 92-442, eff. 8-17-01.)
 
    (430 ILCS 65/3.1)  (from Ch. 38, par. 83-3.1)
    Sec. 3.1. Dial up system.
    (a) The Department of State Police shall provide a dial up
telephone system or utilize other existing technology which
shall be used by any federally licensed firearm dealer, gun
show promoter, or gun show vendor who is to transfer a firearm
under the provisions of this Act. The Department of State
Police may shall utilize existing technology which allows the
caller to be charged a fee equivalent to the cost of providing
this service but not to exceed $2. Fees collected by the
Department of State Police shall be deposited in the State
Police Services Fund and used to provide the service.
    (b) Upon receiving a request from a federally licensed
firearm dealer, gun show promoter, or gun show vendor, the
Department of State Police shall immediately approve, or within
the time period established by Section 24-3 of the Criminal
Code of 1961 regarding the delivery of firearms, notify the
inquiring dealer, gun show promoter, or gun show vendor of any
objection that would disqualify the transferee from acquiring
or possessing a firearm. In conducting the inquiry, the
Department of State Police shall initiate and complete an
automated search of its criminal history record information
files and those of the Federal Bureau of Investigation,
including the National Instant Criminal Background Check
System, and of the files of the Department of Human Services
relating to mental health and developmental disabilities to
obtain any felony conviction or patient hospitalization
information which would disqualify a person from obtaining or
require revocation of a currently valid Firearm Owner's
Identification Card.
    (c) If receipt of a firearm would not violate Section 24-3
of the Criminal Code of 1961, federal law, or this Act the
Department of State Police shall:
        (1) assign a unique identification number to the
    transfer; and
        (2) provide the licensee, gun show promoter, or gun
    show vendor with the number.
    (d) Approvals issued by the Department of State Police for
the purchase of a firearm are valid for 30 days from the date
of issue.
    (e) The Department of State Police must act as the Illinois
Point of Contact for the National Instant Criminal Background
Check System.
    (f) The Department of State Police shall promulgate rules
not inconsistent with this Section to implement this system.
(Source: P.A. 91-399, eff. 7-30-99.)
 
    (430 ILCS 65/3a)  (from Ch. 38, par. 83-3a)
    Sec. 3a. (a) Any resident of Illinois who has obtained a
firearm owner's identification card pursuant to this Act and
who is not otherwise prohibited from obtaining, possessing or
using a firearm may purchase or obtain a rifle or shotgun or
ammunition for a rifle or shotgun in Iowa, Missouri, Indiana,
Wisconsin or Kentucky.
    (b) Any resident of Iowa, Missouri, Indiana, Wisconsin or
Kentucky or a non-resident with a valid non-resident hunting
license, who is 18 years of age or older and who is not
prohibited by the laws of Illinois, the state of his domicile,
or the United States from obtaining, possessing or using a
firearm, may purchase or obtain a rifle, shotgun or ammunition
for a rifle or shotgun in Illinois.
    (b-5) Any non-resident who is participating in a sanctioned
competitive shooting event, who is 18 years of age or older and
who is not prohibited by the laws of Illinois, the state of his
or her domicile, or the United States from obtaining,
possessing, or using a firearm, may purchase or obtain a
shotgun or shotgun ammunition in Illinois for the purpose of
participating in that event. A person may purchase or obtain a
shotgun or shotgun ammunition under this subsection only at the
site where the sanctioned competitive shooting event is being
held.
    For purposes of this subsection, "sanctioned competitive
shooting event" means a shooting contest officially recognized
by a national or state shooting sport association, and includes
any sight-in or practice conducted in conjunction with the
event.
    (c) Any transaction under this Section is subject to the
provisions of the Gun Control Act of 1968 (18 U.S.C. 922
(b)(3)).
(Source: P.A. 92-528, eff. 2-8-02.)
 
    (430 ILCS 65/5)  (from Ch. 38, par. 83-5)
    Sec. 5. The Department of State Police shall either approve
or deny all applications within 30 days from the date they are
received, and every applicant found qualified pursuant to
Section 8 of this Act by the Department shall be entitled to a
Firearm Owner's Identification Card upon the payment of a $5
fee. $3 of each fee derived from the issuance of Firearm
Owner's Identification Cards, or renewals thereof, shall be
deposited in the Wildlife and Fish Fund in the State Treasury;
$1 of such fee shall be deposited in the State Police Services
Fund General Revenue Fund in the State Treasury and $1 of such
fee shall be deposited in the Firearm Owner's Notification
Fund. Monies in the Firearm Owner's Notification Fund shall be
used exclusively to pay for the cost of sending notices of
expiration of Firearm Owner's Identification Cards under
Section 13.2 of this Act. Excess monies in the Firearm Owner's
Notification Fund shall be used to ensure the prompt and
efficient processing of applications received under Section 4
of this Act.
(Source: P.A. 84-1426.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 7/29/2005