TITLE 20: CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT
CHAPTER II: ILLINOIS STATE POLICE
PART 1230 FIREARM OWNER'S IDENTIFICATION CARD ACT
SECTION 1230.10 DEFINITIONS


 

Section 1230.10  Definitions

 

Terms defined in the Firearm Owner's Identification Card Act [430 ILCS 65/1.1] have the same meanings when used in this Part.  The following additional definitions also apply to this Part unless the context clearly requires a different meaning:

 

"Act" means Firearm Owner's Identification Card Act [430 ILCS 65].

 

"Active" means the Firearm Owner's Identification Card is active in the online FOID/CCL system and valid for purposes of acquiring and possessing firearms and firearms ammunition.

 

"Antique firearm" shall have the meaning ascribed to it in 18 USC 921(a)(16), i.e.:

 

any firearm, including any firearm with a matchlock, flintlock, percussion cap, or similar type of ignition system, manufactured in or before 1898; or

 

any replica of any firearm described in the previous paragraph if the replica:

 

is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition; or

 

uses rimfire or conventional centerfire fixed ammunition that is no longer manufactured in the United States and that is not readily available in the ordinary channels of commercial trade; or

 

any muzzle loading rifle, muzzle loading shotgun, or muzzle loading pistol that is designed to use black powder or a black powder substitute and that cannot use fixed ammunition.

 

The term "antique firearm" shall not include any weapon that incorporates a firearm frame or receiver, any firearm that is converted into a muzzle loading weapon, or any muzzle loading weapon that can be readily converted to fire fixed ammunition by replacing the barrel, bolt, breechblock or any combination of these.

 

"Applicant" means a person who has submitted an application for a Firearm Owner's Identification Card.

 

"Criminal Justice System Employee" includes law enforcement officials, courts, State's Attorneys, probation officers, parole officers, and federal law enforcement officials.

 

"Department" means the Illinois State Police.

 

"Designator" means an indication printed on the face of a FOID Card that the card holder has been issued an FCCL.

 

"Director" means the Director of the Illinois State Police or the Director's designee.

 

"FCCL" means Firearm Concealed Carry License pursuant to the Firearm Concealed Carry Act [430 ILCS 66], which may be indicated as a Designator printed on the face of a FOID Card.

 

"Felony Indictment" shall mean an indictment for a crime punishable by imprisonment for a term exceeding one year pursuant to 18 U.S.C. 922(d)(1) and (n).

 

"FOID Card" means the Firearm Owner's Identification Card as defined in Section 6 of the Act, which may include an FCCL Designator printed on the face of the card.

 

"Law enforcement officer" means an employee of a government agency who:

 

is authorized by law to engage in or supervise the prevention, detection, investigation, prosecution or incarceration of any person for any violation of law;

 

has statutory powers of arrest or custodial detention;

 

is authorized by the agency to carry a firearm while on duty;

 

is not the subject of any disciplinary action by the employing agency that could result in termination;

 

meets the standards established by the agency that require the employee to regularly qualify in the use of a firearm; and

 

is not prohibited by federal law from possessing a firearm.

 

"Law enforcement official", for purposes of clear and present danger reporting, means any peace officer, warden, superintendent or keeper of prisons, penitentiaries, jails and other institutions for the detention of persons accused or convicted of a criminal offense, and employees of police laboratories having a department or section of forensic firearm identification.

 

"Online FOID/FCCL System" means the Department's applicant and person-to-person portal which allows a person to apply for a FOID Card or FCCL and access their FOID Card/FCCL dashboard, as well as determine whether the applicant's FOID or another person's FOID Card is valid and active where permitted by law.

 

"Out-of-state resident" means a person who does not qualify for an Illinois driver's license or an Illinois State identification card due to his or her establishment of a primary domicile in another state.

 

"Protective order" means any orders of protection issued under the Illinois Domestic Violence Act of 1986 [750 ILCS 60], stalking no contact orders issued under the Stalking No Contact Order Act [740 ILCS 21], civil no contact orders issued under the Civil No Contact Order Act [740 ILCS 22], and firearms restraining orders issued under the Firearms Restraining Order Act [430 ILCS 67].

 

"Purchaser" means any person who is buying or receiving firearms or firearms ammunition as part of a sale or transfer.

 

"Seller" means any person who is selling or transferring firearms or firearms ammunition as part of a sale or transfer.

 

"Transfer" means the permanent relinquishment of ownership of a firearm to another person regardless of whether consideration or money is received by the seller.

 

"Unlawful Drug Use" shall mean any unlawful use of or addiction to any controlled substance pursuant to 18 U.S.C. 922(d)(3) and (g)(3).

 

"Valid" means current and not suspended, revoked, expired, cancelled, invalidated, denied or disqualified.

 

(Source:  Amended at 46 Ill. Reg. 1057, effective December 21, 2021)