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Public Act 095-0581


 

Public Act 0581 95TH GENERAL ASSEMBLY



 


 
Public Act 095-0581
 
SB1094 Enrolled LRB095 06025 RLC 26117 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, 4, 5, 7, 8, and 8.1 as
follows:
 
    (430 ILCS 65/1.1)  (from Ch. 38, par. 83-1.1)
    Sec. 1.1. For purposes of this Act:
    "Has been adjudicated as a mental defective" means the
person is the subject of a determination by a court, board,
commission or other lawful authority that a person, as a result
of marked subnormal intelligence, or mental illness, mental
impairment, incompetency, condition, or disease:
        (1) is a danger to himself, herself, or to others;
        (2) lacks the mental capacity to manage his or her own
    affairs;
        (3) is not guilty in a criminal case by reason of
    insanity, mental disease or defect;
        (4) is incompetent to stand trial in a criminal case;
        (5) is not guilty by reason of lack of mental
    responsibility pursuant to Articles 50a and 72b of the
    Uniform Code of Military Justice, 10 U.S.C. 850a, 876b.
    "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.
    "Stun gun or taser" has the meaning ascribed to it in
Section 24-1 of the Criminal Code of 1961.
(Source: P.A. 94-6, eff. 1-1-06; 94-353, eff. 7-29-05; revised
8-19-05.)
 
    (430 ILCS 65/4)  (from Ch. 38, par. 83-4)
    Sec. 4. (a) Each applicant for a Firearm Owner's
Identification Card must:
        (1) Make application on blank forms prepared and
    furnished at convenient locations throughout the State by
    the Department of State Police, or by electronic means, if
    and when made available by the Department of State Police;
    and
        (2) Submit evidence to the Department of State Police
    that:
            (i) He or she is 21 years of age or over, or if he
        or she is under 21 years of age that he or she has the
        written consent of his or her parent or legal guardian
        to possess and acquire firearms and firearm ammunition
        and that he or she has never been convicted of a
        misdemeanor other than a traffic offense or adjudged
        delinquent, provided, however, that such parent or
        legal guardian is not an individual prohibited from
        having a Firearm Owner's Identification Card and files
        an affidavit with the Department as prescribed by the
        Department stating that he or she is not an individual
        prohibited from having a Card;
            (ii) He or she has not been convicted of a felony
        under the laws of this or any other jurisdiction;
            (iii) He or she is not addicted to narcotics;
            (iv) He or she has not been a patient in a mental
        institution within the past 5 years and he or she has
        not been adjudicated as a mental defective;
            (v) He or she is not mentally retarded;
            (vi) He or she is not an alien who is unlawfully
        present in the United States under the laws of the
        United States;
            (vii) He or she is not subject to an existing order
        of protection prohibiting him or her from possessing a
        firearm;
            (viii) He or she has not been convicted within the
        past 5 years of battery, assault, aggravated assault,
        violation of an order of protection, or a substantially
        similar offense in another jurisdiction, in which a
        firearm was used or possessed;
            (ix) He or she has not been convicted of domestic
        battery or a substantially similar offense in another
        jurisdiction committed on or after the effective date
        of this amendatory Act of 1997;
            (x) He or she has not been convicted within the
        past 5 years of domestic battery or a substantially
        similar offense in another jurisdiction committed
        before the effective date of this amendatory Act of
        1997;
            (xi) He or she is not an alien who has been
        admitted to the United States under a non-immigrant
        visa (as that term is defined in Section 101(a)(26) of
        the Immigration and Nationality Act (8 U.S.C.
        1101(a)(26))), or that he or she is an alien who has
        been lawfully admitted to the United States under a
        non-immigrant visa if that alien is:
                (1) admitted to the United States for lawful
            hunting or sporting purposes;
                (2) an official representative of a foreign
            government who is:
                    (A) accredited to the United States
                Government or the Government's mission to an
                international organization having its
                headquarters in the United States; or
                    (B) en route to or from another country to
                which that alien is accredited;
                (3) an official of a foreign government or
            distinguished foreign visitor who has been so
            designated by the Department of State;
                (4) a foreign law enforcement officer of a
            friendly foreign government entering the United
            States on official business; or
                (5) one who has received a waiver from the
            Attorney General of the United States pursuant to
            18 U.S.C. 922(y)(3);
            (xii) He or she is not a minor subject to a
        petition filed under Section 5-520 of the Juvenile
        Court Act of 1987 alleging that the minor is a
        delinquent minor for the commission of an offense that
        if committed by an adult would be a felony; and
            (xiii) He or she is not an adult who had been
        adjudicated a delinquent minor under the Juvenile
        Court Act of 1987 for the commission of an offense that
        if committed by an adult would be a felony; and
        (3) Upon request by the Department of State Police,
    sign a release on a form prescribed by the Department of
    State Police waiving any right to confidentiality and
    requesting the disclosure to the Department of State Police
    of limited mental health institution admission information
    from another state, the District of Columbia, any other
    territory of the United States, or a foreign nation
    concerning the applicant for the sole purpose of
    determining whether the applicant is or was a patient in a
    mental health institution and disqualified because of that
    status from receiving a Firearm Owner's Identification
    Card. No mental health care or treatment records may be
    requested. The information received shall be destroyed
    within one year of receipt.
    (a-5) Each applicant for a Firearm Owner's Identification
Card who is over the age of 18 shall furnish to the Department
of State Police either his or her driver's license number or
Illinois Identification Card number.
    (a-10) Each applicant for a Firearm Owner's Identification
Card, who is employed as an armed security officer at a nuclear
energy, storage, weapons, or development facility regulated by
the Nuclear Regulatory Commission and who is not an Illinois
resident, shall furnish to the Department of State Police his
or her driver's license number or state identification card
number from his or her state of residence. The Department of
State Police may promulgate rules to enforce the provisions of
this subsection (a-10).
    (b) Each application form shall include the following
statement printed in bold type: "Warning: Entering false
information on an application for a Firearm Owner's
Identification Card is punishable as a Class 2 felony in
accordance with subsection (d-5) of Section 14 of the Firearm
Owners Identification Card Act.".
    (c) Upon such written consent, pursuant to Section 4,
paragraph (a)(2)(i), the parent or legal guardian giving the
consent shall be liable for any damages resulting from the
applicant's use of firearms or firearm ammunition.
(Source: P.A. 92-442, eff. 8-17-01; 92-839, eff. 8-22-02;
92-854, eff. 12-5-02; 93-367, eff. 1-1-04.)
 
    (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 $10
$5 fee. $6 $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 and $3 $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. 94-353, eff. 7-29-05.)
 
    (430 ILCS 65/7)  (from Ch. 38, par. 83-7)
    Sec. 7. Except as provided in Section 8 of this Act, a
Firearm Owner's Identification Card issued under the
provisions of this Act shall be valid for the person to whom it
is issued for a period of 10 5 years from the date of issuance.
(Source: Laws 1967, p. 2600.)
 
    (430 ILCS 65/8)  (from Ch. 38, par. 83-8)
    Sec. 8. The Department of State Police has authority to
deny an application for or to revoke and seize a Firearm
Owner's Identification Card previously issued under this Act
only if the Department finds that the applicant or the person
to whom such card was issued is or was at the time of issuance:
    (a) A person under 21 years of age who has been convicted
of a misdemeanor other than a traffic offense or adjudged
delinquent;
    (b) A person under 21 years of age who does not have the
written consent of his parent or guardian to acquire and
possess firearms and firearm ammunition, or whose parent or
guardian has revoked such written consent, or where such parent
or guardian does not qualify to have a Firearm Owner's
Identification Card;
    (c) A person convicted of a felony under the laws of this
or any other jurisdiction;
    (d) A person addicted to narcotics;
    (e) A person who has been a patient of a mental institution
within the past 5 years or has been adjudicated as a mental
defective;
    (f) A person whose mental condition is of such a nature
that it poses a clear and present danger to the applicant, any
other person or persons or the community;
    For the purposes of this Section, "mental condition" means
a state of mind manifested by violent, suicidal, threatening or
assaultive behavior.
    (g) A person who is mentally retarded;
    (h) A person who intentionally makes a false statement in
the Firearm Owner's Identification Card application;
    (i) An alien who is unlawfully present in the United States
under the laws of the United States;
    (i-5) An alien who has been admitted to the United States
under a non-immigrant visa (as that term is defined in Section
101(a)(26) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(26))), except that this subsection (i-5) does not apply
to any alien who has been lawfully admitted to the United
States under a non-immigrant visa if that alien is:
        (1) admitted to the United States for lawful hunting or
    sporting purposes;
        (2) an official representative of a foreign government
    who is:
            (A) accredited to the United States Government or
        the Government's mission to an international
        organization having its headquarters in the United
        States; or
            (B) en route to or from another country to which
        that alien is accredited;
        (3) an official of a foreign government or
    distinguished foreign visitor who has been so designated by
    the Department of State;
        (4) a foreign law enforcement officer of a friendly
    foreign government entering the United States on official
    business; or
        (5) one who has received a waiver from the Attorney
    General of the United States pursuant to 18 U.S.C.
    922(y)(3);
    (j) A person who is subject to an existing order of
protection prohibiting him or her from possessing a firearm;
    (k) A person who has been convicted within the past 5 years
of battery, assault, aggravated assault, violation of an order
of protection, or a substantially similar offense in another
jurisdiction, in which a firearm was used or possessed;
    (l) A person who has been convicted of domestic battery or
a substantially similar offense in another jurisdiction
committed on or after January 1, 1998;
    (m) A person who has been convicted within the past 5 years
of domestic battery or a substantially similar offense in
another jurisdiction committed before January 1, 1998;
    (n) A person who is prohibited from acquiring or possessing
firearms or firearm ammunition by any Illinois State statute or
by federal law;
    (o) A minor subject to a petition filed under Section 5-520
of the Juvenile Court Act of 1987 alleging that the minor is a
delinquent minor for the commission of an offense that if
committed by an adult would be a felony; or
    (p) An adult who had been adjudicated a delinquent minor
under the Juvenile Court Act of 1987 for the commission of an
offense that if committed by an adult would be a felony.
(Source: P.A. 92-854, eff. 12-5-02; 93-367, eff. 1-1-04.)
 
    (430 ILCS 65/8.1)  (from Ch. 38, par. 83-8.1)
    Sec. 8.1. Circuit Clerk to notify Department of State
Police.
    (a) The Circuit Clerk shall, in the form and manner
required by the Supreme Court, notify the Department of State
Police of all final dispositions of cases for which the
Department has received information reported to it under
Section 2.1 of the Criminal Identification Act.
    (b) Upon adjudication of any individual as a mental
defective, as defined in Section 1.1, the court shall direct
the circuit court clerk to immediately notify the Department of
State Police, Firearm Owner's Identification (FOID)
department, and shall forward a copy of the court order to the
Department.
(Source: P.A. 87-905.)

Effective Date: 6/1/2008