Illinois General Assembly - Full Text of HB3300
Illinois General Assembly

  Bills & Resolutions  
  Compiled Statutes  
  Public Acts  
  Legislative Reports  
  IL Constitution  
  Legislative Guide  
  Legislative Glossary  

 Search By Number
 (example: HB0001)
Search Tips

Search By Keyword

Full Text of HB3300  102nd General Assembly

HB3300 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3300

 

Introduced 2/19/2021, by Rep. Lance Yednock

 

SYNOPSIS AS INTRODUCED:
 
430 ILCS 65/2  from Ch. 38, par. 83-2
430 ILCS 65/3  from Ch. 38, par. 83-3
430 ILCS 65/6.2 new

    Amends the Firearm Owners Identification Card Act. Provides that the Illinois State Police may develop a system under which the holder of a Firearm Owner's Identification Card may display an electronic version of his or her Firearm Owner's Identification Card on a mobile telephone or other portable electronic device. Provides that an electronic version of a Firearm Owner's Identification Card shall contain security features the Illinois State Police determines to be necessary to ensure that the electronic version is accurate and current and shall satisfy other requirements the Illinois State Police determines to be necessary regarding form and content. Provides that the display or possession of an electronic version of a valid Firearm Owner's Identification Card in accordance with the requirements of the Illinois State Police must satisfy all requirements for the display or possession of a valid Firearm Owner's Identification Card under the laws of the State.


LRB102 12806 KMF 18147 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB3300LRB102 12806 KMF 18147 b

1    AN ACT concerning safety.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Firearm Owners Identification Card Act is
5amended by changing Sections 2 and 3 and by adding Section 6.2
6as follows:
 
7    (430 ILCS 65/2)  (from Ch. 38, par. 83-2)
8    Sec. 2. Firearm Owner's Identification Card required;
9exceptions.
10    (a) (1) A No person shall not may acquire or possess any
11firearm, stun gun, or taser within this State without
12possessing having in his or her possession a Firearm Owner's
13Identification Card previously issued in his or her name by
14the Illinois Department of State Police under the provisions
15of this Act.
16    (2) A No person shall not may acquire or possess firearm
17ammunition within this State without possessing having in his
18or her possession a Firearm Owner's Identification Card
19previously issued in his or her name by the Illinois
20Department of State Police under the provisions of this Act.
21    (b) The provisions of this Section regarding the
22possession of firearms, firearm ammunition, stun guns, and
23tasers do not apply to:

 

 

HB3300- 2 -LRB102 12806 KMF 18147 b

1        (1) United States Marshals, while engaged in the
2    operation of their official duties;
3        (2) Members of the Armed Forces of the United States
4    or the National Guard, while engaged in the operation of
5    their official duties;
6        (3) Federal officials required to carry firearms,
7    while engaged in the operation of their official duties;
8        (4) Members of bona fide veterans organizations which
9    receive firearms directly from the armed forces of the
10    United States, while using the firearms for ceremonial
11    purposes with blank ammunition;
12        (5) Nonresident hunters during hunting season, with
13    valid nonresident hunting licenses and while in an area
14    where hunting is permitted; however, at all other times
15    and in all other places these persons must have their
16    firearms unloaded and enclosed in a case;
17        (6) Those hunters exempt from obtaining a hunting
18    license who are required to submit their Firearm Owner's
19    Identification Card when hunting on Department of Natural
20    Resources owned or managed sites;
21        (7) Nonresidents while on a firing or shooting range
22    recognized by the Illinois Department of State Police;
23    however, these persons must at all other times and in all
24    other places have their firearms unloaded and enclosed in
25    a case;
26        (8) Nonresidents while at a firearm showing or display

 

 

HB3300- 3 -LRB102 12806 KMF 18147 b

1    recognized by the Illinois Department of State Police;
2    however, at all other times and in all other places these
3    persons must have their firearms unloaded and enclosed in
4    a case;
5        (9) Nonresidents whose firearms are unloaded and
6    enclosed in a case;
7        (10) Nonresidents who are currently licensed or
8    registered to possess a firearm in their resident state;
9        (11) Unemancipated minors while in the custody and
10    immediate control of their parent or legal guardian or
11    other person in loco parentis to the minor if the parent or
12    legal guardian or other person in loco parentis to the
13    minor possesses has a currently valid Firearm Owner's
14    Identification Card;
15        (12) Color guards of bona fide veterans organizations
16    or members of bona fide American Legion bands while using
17    firearms for ceremonial purposes with blank ammunition;
18        (13) Nonresident hunters whose state of residence does
19    not require them to be licensed or registered to possess a
20    firearm and only during hunting season, with valid hunting
21    licenses, while accompanied by, and using a firearm owned
22    by, a person who possesses a valid Firearm Owner's
23    Identification Card and while in an area within a
24    commercial club licensed under the Wildlife Code where
25    hunting is permitted and controlled, but in no instance
26    upon sites owned or managed by the Department of Natural

 

 

HB3300- 4 -LRB102 12806 KMF 18147 b

1    Resources;
2        (14) Resident hunters who are properly authorized to
3    hunt and, while accompanied by a person who possesses a
4    valid Firearm Owner's Identification Card, hunt in an area
5    within a commercial club licensed under the Wildlife Code
6    where hunting is permitted and controlled;
7        (15) A person who is otherwise eligible to obtain a
8    Firearm Owner's Identification Card under this Act and is
9    under the direct supervision of a holder of a Firearm
10    Owner's Identification Card who is 21 years of age or
11    older while the person is on a firing or shooting range or
12    is a participant in a firearms safety and training course
13    recognized by a law enforcement agency or a national,
14    statewide shooting sports organization; and
15        (16) Competitive shooting athletes whose competition
16    firearms are sanctioned by the International Olympic
17    Committee, the International Paralympic Committee, the
18    International Shooting Sport Federation, or USA Shooting
19    in connection with such athletes' training for and
20    participation in shooting competitions at the 2016 Olympic
21    and Paralympic Games and sanctioned test events leading up
22    to the 2016 Olympic and Paralympic Games.
23    (c) The provisions of this Section regarding the
24acquisition and possession of firearms, firearm ammunition,
25stun guns, and tasers do not apply to law enforcement
26officials of this or any other jurisdiction, while engaged in

 

 

HB3300- 5 -LRB102 12806 KMF 18147 b

1the operation of their official duties.
2    (c-5) The provisions of paragraphs (1) and (2) of
3subsection (a) of this Section regarding the possession of
4firearms and firearm ammunition do not apply to the holder of a
5valid concealed carry license issued under the Firearm
6Concealed Carry Act who possesses a is in physical possession
7of the concealed carry license.
8    (d) Any person who becomes a resident of this State, who is
9not otherwise prohibited from obtaining, possessing, or using
10a firearm or firearm ammunition, shall not be required to have
11a Firearm Owner's Identification Card to possess firearms or
12firearms ammunition until 60 calendar days after he or she
13obtains an Illinois driver's license or Illinois
14Identification Card.
15(Source: P.A. 99-29, eff. 7-10-15.)
 
16    (430 ILCS 65/3)  (from Ch. 38, par. 83-3)
17    Sec. 3. (a) Except as provided in Section 3a, no person may
18knowingly transfer, or cause to be transferred, any firearm,
19firearm ammunition, stun gun, or taser to any person within
20this State unless the transferee with whom he or she deals
21possesses displays either: (1) a currently valid Firearm
22Owner's Identification Card which has previously been issued
23in his or her name by the Illinois Department of State Police
24under the provisions of this Act; or (2) a currently valid
25license to carry a concealed firearm which has previously been

 

 

HB3300- 6 -LRB102 12806 KMF 18147 b

1issued in his or her name by the Illinois Department of State
2Police under the Firearm Concealed Carry Act. In addition, all
3firearm, stun gun, and taser transfers by federally licensed
4firearm dealers are subject to Section 3.1.
5    (a-5) Any person who is not a federally licensed firearm
6dealer and who desires to transfer or sell a firearm while that
7person is on the grounds of a gun show must, before selling or
8transferring the firearm, request the Illinois Department of
9State Police to conduct a background check on the prospective
10recipient of the firearm in accordance with Section 3.1.
11    (a-10) Notwithstanding item (2) of subsection (a) of this
12Section, any person who is not a federally licensed firearm
13dealer and who desires to transfer or sell a firearm or
14firearms to any person who is not a federally licensed firearm
15dealer shall, before selling or transferring the firearms,
16contact the Illinois Department of State Police with the
17transferee's or purchaser's Firearm Owner's Identification
18Card number to determine the validity of the transferee's or
19purchaser's Firearm Owner's Identification Card. This
20subsection (a-10) shall not be effective until January 1,
212014. The Illinois Department of State Police may adopt rules
22concerning the implementation of this subsection (a-10). The
23Illinois Department of State Police shall provide the seller
24or transferor an approval number if the purchaser's Firearm
25Owner's Identification Card is valid. Approvals issued by the
26Illinois State Police Department for the purchase of a firearm

 

 

HB3300- 7 -LRB102 12806 KMF 18147 b

1pursuant to this subsection are valid for 30 days from the date
2of issue.
3    (a-15) The provisions of subsection (a-10) of this Section
4do not apply to:
5        (1) transfers that occur at the place of business of a
6    federally licensed firearm dealer, if the federally
7    licensed firearm dealer conducts a background check on the
8    prospective recipient of the firearm in accordance with
9    Section 3.1 of this Act and follows all other applicable
10    federal, State, and local laws as if he or she were the
11    seller or transferor of the firearm, although the dealer
12    is not required to accept the firearm into his or her
13    inventory. The purchaser or transferee may be required by
14    the federally licensed firearm dealer to pay a fee not to
15    exceed $10 per firearm, which the dealer may retain as
16    compensation for performing the functions required under
17    this paragraph, plus the applicable fees authorized by
18    Section 3.1;
19        (2) transfers as a bona fide gift to the transferor's
20    husband, wife, son, daughter, stepson, stepdaughter,
21    father, mother, stepfather, stepmother, brother, sister,
22    nephew, niece, uncle, aunt, grandfather, grandmother,
23    grandson, granddaughter, father-in-law, mother-in-law,
24    son-in-law, or daughter-in-law;
25        (3) transfers by persons acting pursuant to operation
26    of law or a court order;

 

 

HB3300- 8 -LRB102 12806 KMF 18147 b

1        (4) transfers on the grounds of a gun show under
2    subsection (a-5) of this Section;
3        (5) the delivery of a firearm by its owner to a
4    gunsmith for service or repair, the return of the firearm
5    to its owner by the gunsmith, or the delivery of a firearm
6    by a gunsmith to a federally licensed firearms dealer for
7    service or repair and the return of the firearm to the
8    gunsmith;
9        (6) temporary transfers that occur while in the home
10    of the unlicensed transferee, if the unlicensed transferee
11    is not otherwise prohibited from possessing firearms and
12    the unlicensed transferee reasonably believes that
13    possession of the firearm is necessary to prevent imminent
14    death or great bodily harm to the unlicensed transferee;
15        (7) transfers to a law enforcement or corrections
16    agency or a law enforcement or corrections officer acting
17    within the course and scope of his or her official duties;
18        (8) transfers of firearms that have been rendered
19    permanently inoperable to a nonprofit historical society,
20    museum, or institutional collection; and
21        (9) transfers to a person who is exempt from the
22    requirement of possessing a Firearm Owner's Identification
23    Card under Section 2 of this Act.
24    (a-20) The Illinois Department of State Police shall
25develop an Internet-based system for individuals to determine
26the validity of a Firearm Owner's Identification Card prior to

 

 

HB3300- 9 -LRB102 12806 KMF 18147 b

1the sale or transfer of a firearm. The Illinois State Police
2Department shall have the Internet-based system completed and
3available for use by July 1, 2015. The Illinois State Police
4Department shall adopt rules not inconsistent with this
5Section to implement this system.
6    (b) Any person within this State who transfers or causes
7to be transferred any firearm, stun gun, or taser shall keep a
8record of such transfer for a period of 10 years from the date
9of transfer. Such record shall contain the date of the
10transfer; the description, serial number or other information
11identifying the firearm, stun gun, or taser if no serial
12number is available; and, if the transfer was completed within
13this State, the transferee's Firearm Owner's Identification
14Card number and any approval number or documentation provided
15by the Illinois Department of State Police pursuant to
16subsection (a-10) of this Section; if the transfer was not
17completed within this State, the record shall contain the name
18and address of the transferee. On or after January 1, 2006, the
19record shall contain the date of application for transfer of
20the firearm. On demand of a peace officer such transferor
21shall produce for inspection such record of transfer. If the
22transfer or sale took place at a gun show, the record shall
23include the unique identification number. Failure to record
24the unique identification number or approval number is a petty
25offense. For transfers of a firearm, stun gun, or taser made on
26or after the effective date of this amendatory Act of the 100th

 

 

HB3300- 10 -LRB102 12806 KMF 18147 b

1General Assembly, failure by the private seller to maintain
2the transfer records in accordance with this Section is a
3Class A misdemeanor for the first offense and a Class 4 felony
4for a second or subsequent offense. A transferee shall not be
5criminally liable under this Section provided that he or she
6provides the Illinois Department of State Police with the
7transfer records in accordance with procedures established by
8the Illinois State Police Department. The Illinois State
9Police Department shall establish, by rule, a standard form on
10its website.
11    (b-5) Any resident may purchase ammunition from a person
12within or outside of Illinois if shipment is by United States
13mail or by a private express carrier authorized by federal law
14to ship ammunition. Any resident purchasing ammunition within
15or outside the State of Illinois must provide the seller with a
16copy of his or her valid Firearm Owner's Identification Card
17or valid concealed carry license and either his or her
18Illinois driver's license or Illinois State Identification
19Card prior to the shipment of the ammunition. The ammunition
20may be shipped only to an address on either of those 2
21documents.
22    (c) The provisions of this Section regarding the transfer
23of firearm ammunition shall not apply to those persons
24specified in paragraph (b) of Section 2 of this Act.
25(Source: P.A. 99-29, eff. 7-10-15; 100-1178, eff. 1-18-19.)
 

 

 

HB3300- 11 -LRB102 12806 KMF 18147 b

1    (430 ILCS 65/6.2 new)
2    Sec. 6.2. Electronic Firearm Owner's Identification Cards.
3The Illinois State Police may develop a system under which the
4holder of a Firearm Owner's Identification Card may display an
5electronic version of his or her Firearm Owner's
6Identification Card on a mobile telephone or other portable
7electronic device. An electronic version of a Firearm Owner's
8Identification Card shall contain security features the
9Illinois State Police determines to be necessary to ensure
10that the electronic version is accurate and current and shall
11satisfy other requirements the Illinois State Police
12determines to be necessary regarding form and content. The
13display or possession of an electronic version of a valid
14Firearm Owner's Identification Card in accordance with the
15requirements of the Illinois State Police must satisfy all
16requirements for the display or possession of a valid Firearm
17Owner's Identification Card under the laws of this State. The
18possession or display of an electronic Firearm Owner's
19Identification Card on a mobile telephone or other portable
20electronic device does not constitute consent for a law
21enforcement officer, court, or other officer of the court to
22access other contents of the mobile telephone or other
23portable electronic device. The Illinois State Police may
24adopt rules to implement this Section.