Full Text of HB1632 101st General Assembly
HB1632 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 HB1632 Introduced , by Rep. Allen Skillicorn SYNOPSIS AS INTRODUCED: |
| 430 ILCS 65/1 | from Ch. 38, par. 83-1 | 430 ILCS 65/2 | from Ch. 38, par. 83-2 | 430 ILCS 65/3 | from Ch. 38, par. 83-3 | 430 ILCS 65/3.1 | from Ch. 38, par. 83-3.1 |
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Amends the Firearm Owners Identification Card Act. Removes provisions that a person may not acquire or possess a stun gun or taser within the 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 the Act.
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| | A BILL FOR |
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| 1 | | AN ACT concerning safety.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Firearm Owners Identification Card Act is | 5 | | amended by changing Sections 1, 2, 3, and 3.1 as follows:
| 6 | | (430 ILCS 65/1) (from Ch. 38, par. 83-1)
| 7 | | Sec. 1. It is hereby declared as a matter of legislative | 8 | | determination that
in order to promote and protect the health, | 9 | | safety and welfare of the
public, it is necessary and in the | 10 | | public interest to provide a system of
identifying persons who | 11 | | are not qualified to acquire or possess firearms , and firearm | 12 | | ammunition , stun guns, and tasers within the State of Illinois | 13 | | by the establishment of
a system of Firearm Owner's | 14 | | Identification Cards, thereby establishing a
practical and | 15 | | workable system by which law enforcement authorities will be
| 16 | | afforded an opportunity to identify those persons who are | 17 | | prohibited by
Section 24-3.1 of the Criminal Code of 2012, from
| 18 | | acquiring or possessing firearms and firearm ammunition and who | 19 | | are prohibited by this Act from acquiring stun guns and tasers.
| 20 | | (Source: P.A. 97-1150, eff. 1-25-13.)
| 21 | | (430 ILCS 65/2) (from Ch. 38, par. 83-2)
| 22 | | Sec. 2. Firearm Owner's Identification Card required; |
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| 1 | | exceptions.
| 2 | | (a) (1) No person may acquire or possess any firearm , stun | 3 | | gun, or taser within this State
without having in his or her | 4 | | possession a Firearm Owner's Identification Card
previously | 5 | | issued in his or her name by the Department of State Police | 6 | | under
the provisions of this Act.
| 7 | | (2) No person may acquire or possess firearm ammunition | 8 | | within this
State without having in his or her possession a | 9 | | Firearm Owner's Identification
Card previously issued in his or | 10 | | her name by the Department of State Police
under the provisions | 11 | | of this Act.
| 12 | | (b) The provisions of this Section regarding the possession | 13 | | of firearms or , firearm ammunition , stun guns, and tasers do | 14 | | not apply to:
| 15 | | (1) United States Marshals, while engaged in the | 16 | | operation of their
official duties;
| 17 | | (2) Members of the Armed Forces of the United States or | 18 | | the National
Guard, while engaged in the operation of their | 19 | | official duties;
| 20 | | (3) Federal officials required to carry firearms, | 21 | | while engaged in the
operation of their official duties;
| 22 | | (4) Members of bona fide veterans organizations which | 23 | | receive firearms
directly from the armed forces of the | 24 | | United States, while using the
firearms for ceremonial | 25 | | purposes with blank ammunition;
| 26 | | (5) Nonresident hunters during hunting season, with |
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| 1 | | valid nonresident
hunting licenses and while in an area | 2 | | where hunting is permitted; however,
at all other times and | 3 | | in all other places these persons must have their
firearms | 4 | | unloaded and enclosed in a case;
| 5 | | (6) Those hunters exempt from obtaining a hunting | 6 | | license who are
required to submit their Firearm Owner's | 7 | | Identification Card when hunting
on Department of Natural | 8 | | Resources owned or managed sites;
| 9 | | (7) Nonresidents while on a firing or shooting range | 10 | | recognized by the
Department of State Police; however, | 11 | | these persons must at all other times
and in all other | 12 | | places have their firearms unloaded and enclosed in a case;
| 13 | | (8) Nonresidents while at a firearm showing or display | 14 | | recognized by
the Department of State Police; however, at | 15 | | all other times and in all
other places these persons must | 16 | | have their firearms unloaded and enclosed
in a case;
| 17 | | (9) Nonresidents whose firearms are unloaded and | 18 | | enclosed in a case;
| 19 | | (10) Nonresidents who are currently licensed or | 20 | | registered to possess a
firearm in their resident state;
| 21 | | (11) Unemancipated minors while in the custody and | 22 | | immediate control of
their parent or legal guardian or | 23 | | other person in loco parentis to the
minor if the parent or | 24 | | legal guardian or other person in loco parentis to
the | 25 | | minor has a currently valid Firearm Owner's Identification
| 26 | | Card;
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| 1 | | (12) Color guards of bona fide veterans organizations | 2 | | or members of bona
fide American Legion bands while using | 3 | | firearms for ceremonial purposes
with blank ammunition;
| 4 | | (13) Nonresident hunters whose state of residence does | 5 | | not require
them to be licensed or registered to possess a | 6 | | firearm and only during
hunting season, with valid hunting | 7 | | licenses, while accompanied by, and
using a firearm owned | 8 | | by, a person who possesses a valid Firearm Owner's
| 9 | | Identification Card and while in an area within a | 10 | | commercial club licensed
under the Wildlife Code where | 11 | | hunting is permitted and controlled, but in
no instance | 12 | | upon sites owned or managed by the Department of Natural
| 13 | | Resources;
| 14 | | (14) Resident hunters who are properly authorized to | 15 | | hunt and,
while accompanied by a person who possesses a | 16 | | valid Firearm Owner's
Identification Card, hunt in an area | 17 | | within a commercial club licensed
under the Wildlife Code | 18 | | where hunting is permitted and controlled;
| 19 | | (15) A person who is otherwise eligible to obtain a | 20 | | Firearm Owner's
Identification Card under this Act and is | 21 | | under the direct supervision of a
holder of a Firearm
| 22 | | Owner's Identification Card who is 21 years of age or older | 23 | | while the person is
on a firing or shooting range
or is a
| 24 | | participant in a firearms safety and training course | 25 | | recognized by a law
enforcement agency or a national, | 26 | | statewide shooting sports organization; and
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| 1 | | (16) Competitive shooting athletes whose competition | 2 | | firearms are sanctioned by the International Olympic | 3 | | Committee, the International Paralympic Committee, the | 4 | | International Shooting Sport Federation, or USA Shooting | 5 | | in connection with such athletes' training for and | 6 | | participation in shooting competitions at the 2016 Olympic | 7 | | and Paralympic Games and sanctioned test events leading up | 8 | | to the 2016 Olympic and Paralympic Games. | 9 | | (c) The provisions of this Section regarding the | 10 | | acquisition and possession
of firearms or , firearm ammunition , | 11 | | stun guns, and tasers do not apply to law enforcement officials
| 12 | | of this or any other jurisdiction, while engaged in the | 13 | | operation of their
official duties.
| 14 | | (c-5) The provisions of paragraphs (1) and (2) of | 15 | | subsection (a) of this Section regarding the possession of | 16 | | firearms
and firearm ammunition do not apply to the holder of a | 17 | | valid concealed carry
license issued under the Firearm | 18 | | Concealed Carry Act who is in physical
possession of the | 19 | | concealed carry license. | 20 | | (d) Any person who becomes a resident of this State, who is | 21 | | not otherwise prohibited from obtaining, possessing, or using a | 22 | | firearm or firearm ammunition, shall not be required to have a | 23 | | Firearm Owner's Identification Card to possess firearms or | 24 | | firearms ammunition until 60 calendar days after he or she | 25 | | obtains an Illinois driver's license or Illinois | 26 | | Identification Card. |
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| 1 | | (Source: P.A. 99-29, eff. 7-10-15.)
| 2 | | (430 ILCS 65/3) (from Ch. 38, par. 83-3) | 3 | | Sec. 3. (a) Except as provided in Section 3a, no person may | 4 | | knowingly
transfer, or cause to be transferred, any firearm or | 5 | | , firearm ammunition , stun gun, or taser to any person within | 6 | | this State unless the
transferee with whom he deals displays | 7 | | either: (1) a currently valid Firearm Owner's
Identification | 8 | | Card which has previously been issued in his or her name by the
| 9 | | Department of State Police under the provisions of this Act; or | 10 | | (2) a currently valid license to carry a concealed firearm | 11 | | which has previously been issued in his or her name by the
| 12 | | Department of State Police under the Firearm Concealed Carry | 13 | | Act. In addition,
all firearm , stun gun, and taser transfers by | 14 | | federally licensed firearm dealers are subject
to Section 3.1. | 15 | | (a-5) Any person who is not a federally licensed firearm | 16 | | dealer and who desires to transfer or sell a firearm while that | 17 | | person is on the grounds of a gun show must, before selling or | 18 | | transferring the firearm, request the Department of State | 19 | | Police to conduct a background check on the prospective | 20 | | recipient of the firearm in accordance with Section 3.1.
| 21 | | (a-10) Notwithstanding item (2) of subsection (a) of this | 22 | | Section, any person who is not a federally licensed firearm | 23 | | dealer and who desires to transfer or sell a firearm or | 24 | | firearms to any person who is not a federally licensed firearm | 25 | | dealer shall, before selling or transferring the firearms, |
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| 1 | | contact the Department of State Police with the transferee's or | 2 | | purchaser's Firearm Owner's Identification Card number to | 3 | | determine the validity of the transferee's or purchaser's | 4 | | Firearm Owner's Identification Card. This subsection shall not | 5 | | be effective until January 1, 2014. The Department of State | 6 | | Police may adopt rules concerning the implementation of this | 7 | | subsection. The Department of State Police shall provide the | 8 | | seller or transferor an approval number if the purchaser's | 9 | | Firearm Owner's Identification Card is valid. Approvals issued | 10 | | by the Department for the purchase of a firearm pursuant to | 11 | | this subsection are valid for 30 days from the date of issue. | 12 | | (a-15) The provisions of subsection (a-10) of this Section | 13 | | do not apply to: | 14 | | (1) transfers that occur at the place of business of a | 15 | | federally licensed firearm dealer, if the federally | 16 | | licensed firearm dealer conducts a background check on the | 17 | | prospective recipient of the firearm in accordance with | 18 | | Section 3.1 of this Act and follows all other applicable | 19 | | federal, State, and local laws as if he or she were the | 20 | | seller or transferor of the firearm, although the dealer is | 21 | | not required to accept the firearm into his or her | 22 | | inventory. The purchaser or transferee may be required by | 23 | | the federally licensed firearm dealer to pay a fee not to | 24 | | exceed $10 per firearm, which the dealer may retain as | 25 | | compensation for performing the functions required under | 26 | | this paragraph, plus the applicable fees authorized by |
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| 1 | | Section 3.1; | 2 | | (2) transfers as a bona fide gift to the transferor's | 3 | | husband, wife, son, daughter, stepson, stepdaughter, | 4 | | father, mother, stepfather, stepmother, brother, sister, | 5 | | nephew, niece, uncle, aunt, grandfather, grandmother, | 6 | | grandson, granddaughter, father-in-law, mother-in-law, | 7 | | son-in-law, or daughter-in-law; | 8 | | (3) transfers by persons acting pursuant to operation | 9 | | of law or a court order; | 10 | | (4) transfers on the grounds of a gun show under | 11 | | subsection (a-5) of this Section; | 12 | | (5) the delivery of a firearm by its owner to a | 13 | | gunsmith for service or repair, the return of the firearm | 14 | | to its owner by the gunsmith, or the delivery of a firearm | 15 | | by a gunsmith to a federally licensed firearms dealer for | 16 | | service or repair and the return of the firearm to the | 17 | | gunsmith; | 18 | | (6) temporary transfers that occur while in the home of | 19 | | the unlicensed transferee, if the unlicensed transferee is | 20 | | not otherwise prohibited from possessing firearms and the | 21 | | unlicensed transferee reasonably believes that possession | 22 | | of the firearm is necessary to prevent imminent death or | 23 | | great bodily harm to the unlicensed transferee; | 24 | | (7) transfers to a law enforcement or corrections | 25 | | agency or a law enforcement or corrections officer acting | 26 | | within the course and scope of his or her official duties; |
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| 1 | | (8) transfers of firearms that have been rendered | 2 | | permanently inoperable to a nonprofit historical society, | 3 | | museum, or institutional collection; and | 4 | | (9) transfers to a person who is exempt from the | 5 | | requirement of possessing a Firearm Owner's Identification | 6 | | Card under Section 2 of this Act. | 7 | | (a-20) The Department of State Police shall develop an | 8 | | Internet-based system for individuals to determine the | 9 | | validity of a Firearm Owner's Identification Card prior to the | 10 | | sale or transfer of a firearm. The Department shall have the | 11 | | Internet-based system completed and available for use by July | 12 | | 1, 2015. The Department shall adopt rules not inconsistent with | 13 | | this Section to implement this system. | 14 | | (b) Any person within this State who transfers or causes to | 15 | | be
transferred any firearm , stun gun, or taser shall keep a | 16 | | record of such transfer for a period
of 10 years from the date | 17 | | of transfer. Such record shall contain the date
of the | 18 | | transfer; the description, serial number or other information
| 19 | | identifying the firearm , stun gun, or taser if no serial number | 20 | | is available; and, if the
transfer was completed within this | 21 | | State, the transferee's Firearm Owner's
Identification Card | 22 | | number and any approval number or documentation provided by the | 23 | | Department of State Police pursuant to subsection (a-10) of | 24 | | this Section. On or after January 1, 2006, the record shall | 25 | | contain the date of application for transfer of the firearm. On | 26 | | demand of a peace officer such transferor
shall produce for |
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| 1 | | inspection such record of transfer. If the transfer or sale | 2 | | took place at a gun show, the record shall include the unique | 3 | | identification number. Failure to record the unique | 4 | | identification number or approval number is a petty offense.
| 5 | | (b-5) Any resident may purchase ammunition from a person | 6 | | within or outside of Illinois if shipment is by United States | 7 | | mail or by a private express carrier authorized by federal law | 8 | | to ship ammunition. Any resident purchasing ammunition within | 9 | | or outside the State of Illinois must provide the seller with a | 10 | | copy of his or her valid Firearm Owner's Identification Card or | 11 | | valid concealed carry license and either his or her Illinois | 12 | | driver's license or Illinois State Identification Card prior to | 13 | | the shipment of the ammunition. The ammunition may be shipped | 14 | | only to an address on either of those 2 documents. | 15 | | (c) The provisions of this Section regarding the transfer | 16 | | of firearm
ammunition shall not apply to those persons | 17 | | specified in paragraph (b) of
Section 2 of this Act. | 18 | | (Source: P.A. 98-508, eff. 8-19-13; 99-29, eff. 7-10-15.)
| 19 | | (430 ILCS 65/3.1) (from Ch. 38, par. 83-3.1)
| 20 | | Sec. 3.1. Dial up system. | 21 | | (a) The Department of State Police shall provide
a dial up | 22 | | telephone system or utilize other existing technology which | 23 | | shall be used by any federally licensed
firearm dealer, gun | 24 | | show promoter, or gun show vendor who is to transfer a firearm , | 25 | | stun gun, or taser under the provisions of this
Act. The |
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| 1 | | Department of State Police may utilize existing technology | 2 | | which
allows the caller to be charged a fee not to exceed $2. | 3 | | Fees collected by the Department of
State Police shall be | 4 | | deposited in the State Police Services Fund and used
to provide | 5 | | the service.
| 6 | | (b) Upon receiving a request from a federally licensed | 7 | | firearm dealer, gun show promoter, or gun show vendor, the
| 8 | | Department of State Police shall immediately approve, or within | 9 | | the time
period established by Section 24-3 of the Criminal | 10 | | Code of 2012 regarding
the delivery of firearms , stun guns, and | 11 | | tasers notify the inquiring dealer, gun show promoter, or gun | 12 | | show vendor of any objection that
would disqualify the | 13 | | transferee from acquiring or possessing a firearm , stun gun, or | 14 | | taser . In
conducting the inquiry, the Department of State | 15 | | Police shall initiate and
complete an automated search of its | 16 | | criminal history record information
files and those of the | 17 | | Federal Bureau of Investigation, including the
National | 18 | | Instant Criminal Background Check System, and of the files of
| 19 | | the Department of Human Services relating to mental health and
| 20 | | developmental disabilities to obtain
any felony conviction or | 21 | | patient hospitalization information which would
disqualify a | 22 | | person from obtaining or require revocation of a currently
| 23 | | valid Firearm Owner's Identification Card. | 24 | | (c) If receipt of a firearm would not violate Section 24-3 | 25 | | of the Criminal Code of 2012, federal law, or this Act the | 26 | | Department of State Police shall: |
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| 1 | | (1) assign a unique identification number to the | 2 | | transfer; and | 3 | | (2) provide the licensee, gun show promoter, or gun | 4 | | show vendor with the number. | 5 | | (d) Approvals issued by the Department of State Police for | 6 | | the purchase of a firearm are valid for 30 days from the date | 7 | | of issue.
| 8 | | (e) (1) The Department of State Police must act as the | 9 | | Illinois Point of Contact
for the National Instant Criminal | 10 | | Background Check System. | 11 | | (2) The Department of State Police and the Department of | 12 | | Human Services shall, in accordance with State and federal law | 13 | | regarding confidentiality, enter into a memorandum of | 14 | | understanding with the Federal Bureau of Investigation for the | 15 | | purpose of implementing the National Instant Criminal | 16 | | Background Check System in the State. The Department of State | 17 | | Police shall report the name, date of birth, and physical | 18 | | description of any person prohibited from possessing a firearm | 19 | | pursuant to the Firearm Owners Identification Card Act or 18 | 20 | | U.S.C. 922(g) and (n) to the National Instant Criminal | 21 | | Background Check System Index, Denied Persons Files.
| 22 | | (3) The Department of State Police shall provide notice of | 23 | | the disqualification of a person under subsection (b) of this | 24 | | Section or the revocation of a person's Firearm Owner's | 25 | | Identification Card under Section 8 or Section 8.2 of this Act, | 26 | | and the reason for the disqualification or revocation, to all |
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| 1 | | law enforcement agencies with jurisdiction to assist with the | 2 | | seizure of the person's Firearm Owner's Identification Card. | 3 | | (f) The Department of State Police shall adopt rules not | 4 | | inconsistent with this Section to implement this
system.
| 5 | | (Source: P.A. 98-63, eff. 7-9-13; 99-787, eff. 1-1-17 .)
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