State of Illinois
Public Acts
92nd General Assembly

[ Home ]  [ ILCS ] [ Search ] [ Bottom ]
 [ Other General Assemblies ]

Public Act 92-0839

SB1936 Enrolled                                LRB9214499RCcd

    AN ACT in relation to 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 2 and 4 and by adding Section
15b as follows:

    (430 ILCS 65/2) (from Ch. 38, par. 83-2)
    Sec. 2.  Firearm Owner's  Identification  Card  required;
exceptions.
    (a) (1)  No  person  may  acquire  or possess any firearm
within this State without having in his or her  possession  a
Firearm  Owner's Identification Card previously issued in his
or her name by the  Department  of  State  Police  under  the
provisions of this Act.
    (2)  No  person may acquire or possess firearm ammunition
within this State without having in his or her  possession  a
Firearm  Owner's Identification Card previously issued in his
or her name by the  Department  of  State  Police  under  the
provisions of this Act.
    (b)  The   provisions   of  this  Section  regarding  the
possession of firearms and firearm ammunition  do  not  apply
to:
         (1)  United  States  Marshals,  while engaged in the
    operation of their official duties;
         (2)  Members of  the  Armed  Forces  of  the  United
    States  or  the  National  Guard,  while  engaged  in the
    operation of their official duties;
         (3)  Federal officials required to  carry  firearms,
    while engaged in the operation of their official duties;
         (4)  Members  of  bona  fide  veterans organizations
    which receive firearms directly from the armed forces  of
    the   United   States,   while  using  the  firearms  for
    ceremonial purposes with blank ammunition;
         (5)  Nonresident hunters during hunting season, with
    valid nonresident hunting licenses and while in  an  area
    where  hunting  is permitted; however, at all other times
    and in all other places these  persons  must  have  their
    firearms unloaded and enclosed in a case;
         (6)  Those  hunters  exempt from obtaining a hunting
    license who are required to submit their Firearm  Owner's
    Identification Card when hunting on Department of Natural
    Resources owned or managed sites;
         (7)  Nonresidents  while  on  a  firing  or shooting
    range recognized  by  the  Department  of  State  Police;
    however, these persons must at all other times and in all
    other places have their firearms unloaded and enclosed in
    a case;
         (8)  Nonresidents  while  at  a  firearm  showing or
    display recognized by the  Department  of  State  Police;
    however, at all other times and in all other places these
    persons must have their firearms unloaded and enclosed in
    a case;
         (9)  Nonresidents  whose  firearms  are unloaded and
    enclosed in a case;
         (10)  Nonresidents who  are  currently  licensed  or
    registered to possess a firearm in their resident state;
         (11)  Unemancipated  minors while in the custody and
    immediate control of their parent or  legal  guardian  or
    other  person in loco parentis to the minor if the parent
    or legal guardian or other person in loco parentis to the
    minor   has   a   currently   valid    Firearm    Owner's
    Identification Card;
         (12)  Color    guards    of   bona   fide   veterans
    organizations or members of  bona  fide  American  Legion
    bands  while  using firearms for ceremonial purposes with
    blank ammunition;
         (13)  Nonresident hunters whose state  of  residence
    does  not  require  them  to be licensed or registered to
    possess a firearm and only during  hunting  season,  with
    valid hunting licenses, while accompanied by, and using a
    firearm  owned by, a person who possesses a valid Firearm
    Owner's Identification Card and while in an area within a
    commercial club licensed under the  Wildlife  Code  where
    hunting  is  permitted and controlled, but in no instance
    upon sites owned or managed by the Department of  Natural
    Resources; and
         (14)  Resident  hunters  who are properly authorized
    to hunt and, while accompanied by a person who  possesses
    a  valid  Firearm Owner's Identification Card, hunt in an
    area within a commercial club licensed under the Wildlife
    Code where hunting is permitted and controlled; and.
         (15)  A person who is otherwise eligible to obtain a
    Firearm Owner's Identification Card under this Act and is
    under the direct supervision of a  holder  of  a  Firearm
    Owner's  Identification  Card  who  is 21 years of age or
    older while the person is on a firing or  shooting  range
    or  is  a  participant  in a firearms safety and training
    course recognized  by  a  law  enforcement  agency  or  a
    national, statewide shooting sports organization.
    (c)  The   provisions   of  this  Section  regarding  the
acquisition and possession of firearms and firearm ammunition
do not apply to law enforcement  officials  of  this  or  any
other  jurisdiction,  while engaged in the operation of their
official duties.
(Source: P.A. 91-694, eff. 4-13-00.)

    (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;
              (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; and
              (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; 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. 91-514,  eff.  1-1-00;  91-694,  eff.  4-13-00;
92-442, eff. 8-17-01.)

    (430 ILCS 65/15b new)
    Sec.  15b.  Certified  abstracts.  Any certified abstract
issued  by  the  Director  of  State  Police  or  transmitted
electronically by the Director of  State  Police  under  this
Section  to a court or on request of a law enforcement agency
for the record of a named person as  to  the  status  of  the
person's  Firearm  Owner's Identification Card is prima facie
evidence of the facts stated in the certified abstract and if
the name appearing in the abstract is the same as that  of  a
person  named  in  an information or warrant, the abstract is
prima facie evidence that the person named in the information
or warrant is the same person as  the  person  named  in  the
abstract and is admissible for any prosecution under this Act
or  any other applicable violation of law and may be admitted
as proof  of  any  prior  conviction  or  proof  of  records,
notices,  or  orders  recorded  on individual Firearm Owner's
Identification Card records maintained by the  Department  of
State Police.

    Section  10.   The  Criminal  Code  of 1961 is amended by
changing Section 24-3.1 as follows:

    (720 ILCS 5/24-3.1) (from Ch. 38, par. 24-3.1)
    Sec. 24-3.1.  Unlawful possession of firearms and firearm
ammunition.
    (a)  A person commits the offense of unlawful  possession
of firearms or firearm ammunition when:
         (1)  He  is  under  18  years  of age and has in his
    possession any firearm of a size which may  be  concealed
    upon the person; or
         (2)  He is under 21 years of age, has been convicted
    of a misdemeanor other than a traffic offense or adjudged
    delinquent  and has any firearms or firearm ammunition in
    his possession; or
         (3)  He is a narcotic addict and has any firearms or
    firearm ammunition in his possession; or
         (4)  He has been a  patient  in  a  mental  hospital
    within  the  past 5 years and has any firearms or firearm
    ammunition in his possession; or
         (5)  He is mentally retarded and has any firearms or
    firearm ammunition in his possession; or
         (6)  He has in his possession any explosive bullet.
    For purposes of this paragraph "explosive  bullet"  means
the  projectile  portion  of  an  ammunition  cartridge which
contains or carries an explosive charge  which  will  explode
upon  contact  with  the  flesh  of  a  human  or  an animal.
"Cartridge" means a tubular metal case  having  a  projectile
affixed  at the front thereof and a cap or primer at the rear
end thereof, with  the  propellant  contained  in  such  tube
between the projectile and the cap; or
    (b)  Sentence.
    Unlawful possession of firearms, other than handguns, and
firearm  ammunition  is  a  Class  A  misdemeanor.   Unlawful
possession of handguns is a Class 4 felony.
    (c)  Nothing  in  paragraph (1) of subsection (a) of this
Section prohibits  a  person  under  18  years  of  age  from
participating  in  any  lawful  recreational  activity with a
firearm such as, but not limited  to,  practice  shooting  at
targets  upon  established public or private target ranges or
hunting, trapping, or fishing in accordance with the Wildlife
Code or the Fish and Aquatic Life Code.
(Source: P.A. 91-696, eff. 4-13-00.)

    Section 99.  Effective date.  This Act takes effect  upon
becoming law.
    Passed in the General Assembly May 30, 2002.
    Approved August 22, 2002.
    Effective August 22, 2002.

[ Top ]