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91_HB1167
LRB9100178RCpkB
1 AN ACT to amend the Firearm Owners Identification Card
2 Act by changing Sections 2, 3, 3a, 3.1, 5, 6, and 13.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Firearm Owners Identification Card Act is
6 amended by changing Sections 2, 3, 3a, 3.1, 5, 6, and 13 as
7 follows:
8 (430 ILCS 65/2) (from Ch. 38, par. 83-2)
9 Sec. 2. Firearm Owner's Identification Card required;
10 exceptions.
11 (a) (1) No person may acquire or possess any firearm
12 within this State without having in his or her possession a
13 Firearm Owner's Identification Card previously issued in his
14 or her name by the Department of State Police under the
15 provisions of this Act.
16 (2) No person may acquire or possess firearm ammunition
17 within this State without having in his or her possession a
18 Firearm Owner's Identification Card previously issued in his
19 or her name by the Department of State Police under the
20 provisions of this Act.
21 (b) The provisions of this Section regarding the
22 possession of firearms and firearm ammunition do not apply
23 to:
24 (1) Law enforcement officials of this or any other
25 jurisdiction, while engaged in the operation of their
26 official duties;
27 (2) Federal officials required to carry firearms,
28 while engaged in the operation of their official duties;
29 (3) Members of the Armed Forces of the United
30 States or the National Guard, while engaged in the
31 operation of their official duties;
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1 (4) Members of bona fide veterans organizations
2 that receive firearms directly from the Armed Forces of
3 the United States, while using the firearms for
4 ceremonial purposes with blank ammunition;
5 (5) Color guards of bona fide veterans
6 organizations or members of bona fide American Legion
7 bands or bands of other similar veterans organizations
8 while using firearms for ceremonial purposes with blank
9 ammunition;
10 (6) Those hunters exempt from obtaining a hunting
11 license who are required to submit their Firearm Owner's
12 Identification Card when hunting on Department of Natural
13 Resources owned or managed sites;
14 (7) 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 on
17 private property or in an area within a commercial club
18 licensed under the Wildlife Code where hunting is
19 permitted and controlled;
20 (8) An individual under the direct supervision of a
21 Firearm Owner's Identification Card holder while on a
22 firing or shooting range, or private property unless
23 prohibited from owning a firearm by state or federal law;
24 (9) An individual who wishes to inspect or view a
25 firearm unless prohibited from owning a firearm by State
26 or federal law;
27 (10) Unemancipated minors while in the custody and
28 immediate control of their parent or legal guardian or
29 other person in loco parentis to the minor if the parent
30 or legal guardian or other person in loco parentis to the
31 minor has a currently valid Firearm Owner's
32 Identification Card;
33 (11) Nonresident hunters during hunting season,
34 with valid nonresident hunting licenses and while in an
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1 area where hunting is permitted; however, at all other
2 times and in all other places these persons must have
3 their firearms unloaded and enclosed in a case;
4 (12) Nonresident hunters whose state of residence
5 does not require them to be licensed or registered to
6 possess a firearm and only during hunting season, with
7 valid hunting licenses, while accompanied by, and using a
8 firearm owned by, a person who possesses a valid Firearm
9 Owner's 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 (13) Nonresidents while at a firearm showing or
15 display; however, at all other times and in all other
16 places these persons must have their firearms unloaded
17 and enclosed in a case;
18 (14) Nonresidents while on a firing or shooting
19 range; however, these persons must at all other times and
20 in all other places have their firearms unloaded and
21 enclosed in a case;
22 (15) Nonresidents whose firearms are unloaded and
23 enclosed in a case;
24 (16) Nonresidents who are currently licensed or
25 registered to possess a firearm in their resident state;
26 (17) Nonresidents who are competing in a biathlon
27 sporting event.
28 (1) United States Marshals, while engaged in the
29 operation of their official duties;
30 (2) Members of the Armed Forces of the United
31 States or the National Guard, while engaged in the
32 operation of their official duties;
33 (3) Federal officials required to carry firearms,
34 while engaged in the operation of their official duties;
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1 (4) Members of bona fide veterans organizations
2 which receive firearms directly from the armed forces of
3 the United States, while using the firearms for
4 ceremonial purposes with blank ammunition;
5 (5) Nonresident hunters during hunting season, with
6 valid nonresident hunting licenses and while in an area
7 where hunting is permitted; however, at all other times
8 and in all other places these persons must have their
9 firearms unloaded and enclosed in a case;
10 (6) Those hunters exempt from obtaining a hunting
11 license who are required to submit their Firearm Owner's
12 Identification Card when hunting on Department of Natural
13 Resources owned or managed sites;
14 (7) Nonresidents while on a firing or shooting
15 range recognized by the Department of State Police;
16 however, these persons must at all other times and in all
17 other places have their firearms unloaded and enclosed in
18 a case;
19 (8) Nonresidents while at a firearm showing or
20 display recognized by the Department of State Police;
21 however, at all other times and in all other places these
22 persons must have their firearms unloaded and enclosed in
23 a case;
24 (9) Nonresidents whose firearms are unloaded and
25 enclosed in a case;
26 (10) Nonresidents who are currently licensed or
27 registered to possess a firearm in their resident state;
28 (11) Unemancipated minors while in the custody and
29 immediate control of their parent or legal guardian or
30 other person in loco parentis to the minor if the parent
31 or legal guardian or other person in loco parentis to the
32 minor has a currently valid Firearm Owner's
33 Identification Card;
34 (12) Color guards of bona fide veterans
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1 organizations or members of bona fide American Legion
2 bands while using firearms for ceremonial purposes with
3 blank ammunition;
4 (13) Nonresident hunters whose state of residence
5 does not require them to be licensed or registered to
6 possess a firearm and only during hunting season, with
7 valid hunting licenses, while accompanied by, and using a
8 firearm owned by, a person who possesses a valid Firearm
9 Owner's 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; and
14 (14) Resident hunters who are properly authorized
15 to hunt and, while accompanied by a person who possesses
16 a valid Firearm Owner's Identification Card, hunt in an
17 area within a commercial club licensed under the Wildlife
18 Code where hunting is permitted and controlled.
19 (c) The provisions of this Section regarding the
20 acquisition and possession of firearms and firearm ammunition
21 do not apply to law enforcement officials of this or any
22 other jurisdiction, while engaged in the operation of their
23 official duties.
24 (Source: P.A. 88-680, eff. 1-1-95; 89-445, eff. 2-7-96.)
25 (430 ILCS 65/3) (from Ch. 38, par. 83-3)
26 Sec. 3. (a) Except as provided in Section 3a, no person
27 within this State may knowingly transfer, or cause to be
28 transferred, any firearm or any firearm ammunition to any
29 person within this State unless the transferee with whom he
30 deals displays a currently valid Firearm Owner's
31 Identification Card which has previously been issued in his
32 name by the Department of State Police under the provisions
33 of this Act. In addition, all firearm transfers by federally
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1 licensed firearm dealers are subject to Section 3.1.
2 (b) Any person within this State who transfers or causes
3 to be transferred any firearm, other than a temporary or
4 incidental loan of a firearm, shall keep a record of such
5 transfer for a period of 10 years from the date of transfer.
6 Such record shall contain the date of the transfer; the
7 description, serial number or other information identifying
8 the firearm if no serial number is available; the name and
9 address of the person to whom the firearm is being
10 transferred; and, if the transfer was to an Illinois
11 resident, completed within this State, the transferee's
12 Firearm Owner's Identification Card number. On demand of a
13 peace officer such transferor shall produce for inspection
14 such record of transfer.
15 (c) The provisions of this Section regarding the
16 transfer of firearm ammunition shall not apply to those
17 persons specified in paragraph (b) of Section 2 of this Act.
18 (Source: P.A. 87-299.)
19 (430 ILCS 65/3a) (from Ch. 38, par. 83-3a)
20 Sec. 3a. (a) Any resident of Illinois who has obtained a
21 firearm owner's identification card pursuant to this Act and
22 who is not otherwise prohibited from obtaining, possessing or
23 using a firearm may purchase or obtain a rifle or shotgun or
24 ammunition for a rifle or shotgun in Iowa, Missouri, Indiana,
25 Wisconsin or Kentucky.
26 (b) Any resident of Iowa, Missouri, Indiana, Wisconsin
27 or Kentucky or a non-resident with a valid non-resident
28 hunting license, who is 18 years of age or older and who is
29 not prohibited by the laws of Illinois, the state of his
30 domicile, or the United States from obtaining, possessing or
31 using a firearm, may purchase or obtain a rifle, handgun,
32 shotgun or ammunition for a rifle or shotgun in Illinois.
33 (b-5) Any non-resident with a permit to purchase or
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1 carry a firearm from their state of residence may purchase
2 ammunition for a handgun in Illinois.
3 (c) Any transaction under this Section is subject to the
4 provisions of the Gun Control Act of 1968 (18 U.S.C. 922
5 (b)(3)).
6 (Source: P.A. 90-490, eff. 8-17-97.)
7 (430 ILCS 65/3.1) (from Ch. 38, par. 83-3.1)
8 Sec. 3.1. (a) Dial up system. The Department of State
9 Police shall provide a dial up telephone system which shall
10 be used by any federally licensed firearm dealer who is to
11 transfer a firearm under the provisions of this Act. The
12 Department of State Police shall utilize existing technology
13 which allows the caller to be charged a fee equivalent to the
14 cost of providing this service but not to exceed $2. Fees
15 collected by the Department of State Police shall be
16 deposited in the State Police Services Fund and used to
17 provide the service.
18 (b) Upon receiving a request from a federally licensed
19 firearm dealer, the Department of State Police shall
20 immediately approve, or within the time period established by
21 Section 24-3 of the Criminal Code of 1961 regarding the
22 delivery of firearms, notify the inquiring dealer of any
23 objection that would disqualify the transferee from acquiring
24 or possessing a firearm. If the Department of State Police
25 fails to notify the inquiring dealer of any objection that
26 would disqualify the transferee from acquiring or possessing
27 a firearm within the time period established by Section 24-3
28 of the Criminal Code of 1961 regarding the delivery of
29 firearms, the dealer must complete the transfer of the
30 firearm. In conducting the inquiry, the Department of State
31 Police shall initiate and complete an automated search of its
32 criminal history record information files and those of the
33 Federal Bureau of Investigation, including the National
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1 Instant Criminal Background Check System, and of the files of
2 the Department of Human Services relating to mental health
3 and developmental disabilities to obtain any felony
4 conviction or patient hospitalization information which would
5 disqualify a person from obtaining or require revocation of a
6 currently valid Firearm Owner's Identification Card.
7 The Department of State Police shall promulgate rules to
8 implement this system.
9 (c) The Department of State Police must act as the
10 Illinois Point of Contact for the National Instant Criminal
11 Background Check System.
12 (d) Approvals issued by the Department of State Police
13 for the purchase of a firearm are valid for 30 days from the
14 date of issue.
15 (e) This Section does not apply to any firearm for which
16 repairs are being made and is being returned to the same
17 person by a dealer or gunsmith; or any transfer of a firearm
18 that does not require the use of a form 4473 by the United
19 States Department of Treasury.
20 (f) If receipt of a firearm would not violate Section
21 24-3 of the Criminal Code of 1961 or federal law, the
22 Department shall:
23 (1) assign a unique identification number to
24 the transfer;
25 (2) provide the licensee with the number; and
26 (3) destroy all records of the system with
27 respect to the call (other than the identifying
28 number and the date the number was assigned) and all
29 records of the system relating to the person or the
30 transfer within 24 hours.
31 (Source: P.A. 88-535; 88-597, eff. 8-28-94; 89-507, eff.
32 7-1-97.)
33 (430 ILCS 65/5) (from Ch. 38, par. 83-5)
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1 Sec. 5. (a) The Department of State Police shall either
2 approve or deny all applications within 30 days from the date
3 they are received, and every applicant found qualified
4 pursuant to Section 8 of this Act by the Department shall be
5 entitled to a Firearm Owner's Identification Card upon the
6 payment of a $5 fee. $3 of each fee derived from the issuance
7 of Firearm Owner's Identification Cards, or renewals thereof,
8 shall be deposited in the Wildlife and Fish Fund in the State
9 Treasury; $2 $1 of such fee shall be deposited in the General
10 Revenue Fund in the State Treasury and $1 of such fee shall
11 be deposited in the Firearm Owner's Notification Fund.
12 Monies in the Firearm Owner's Notification Fund shall be used
13 exclusively to pay for the cost of sending notices of
14 expiration of Firearm Owner's Identification Cards under
15 Section 13.2 of this Act. Excess monies in the Firearm
16 Owner's Notification Fund shall be used to ensure the prompt
17 and efficient processing of applications received under
18 Section 4 of this Act.
19 (b) Information on applications for Firearm Owner's
20 Identification Cards, names, addresses, or other identifying
21 information relating to Firearm Owner's Identification Card
22 holders shall be confidential and may not be made available
23 to any person except a law enforcement agency. The
24 Department of State Police may not provide to any person,
25 other than a law enforcement agency, a list of identifying
26 information of Firearm Owner's Identification Card holders,
27 whether the list is a compilation of identifying information
28 of each Firearm Owner's Identification Card holder in this
29 State or a compilation of identifying information of Firearm
30 Owner's Identification Card holders from a specific locality
31 of this State.
32 (Source: P.A. 84-1426.)
33 (430 ILCS 65/6) (from Ch. 38, par. 83-6)
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1 Sec. 6. (a) A Firearm Owner's Identification Card,
2 issued by the Department of State Police at such places as
3 the Director of the Department shall specify, shall contain
4 the applicant's name, residence, date of birth, sex, physical
5 description, recent photograph and signature such other
6 personal identifying information as may be required by the
7 Director. Each Firearm Owner's Identification Card must have
8 the expiration date boldly and conspicuously displayed on the
9 face of the card. Each Firearm Owner's Identification Card
10 issued on or after September 1, 1999 must boldly and
11 conspicuously display an authorization number from the
12 National Instant Criminal Background Check System. Each
13 Firearm Owner's Identification Card must have printed on it
14 the following: "CAUTION - This card does not permit bearer to
15 UNLAWFULLY carry or use firearms."
16 (b) A Firearm Owner's Identification Card is a valid
17 form of identification accepted at any office of the State in
18 the same manner as an Illinois Identification Card or
19 Illinois driver's license.
20 (Source: P.A. 88-680, eff. 1-1-95.)
21 (430 ILCS 65/13) (from Ch. 38, par. 83-13)
22 Sec. 13. Nothing in this Act shall make lawful the
23 acquisition or possession of firearms or firearm ammunition
24 which is otherwise prohibited by State or federal law.
25 (Source: Laws 1967, p. 2600.)
26 Section 99. Effective date. This Act takes effect upon
27 becoming law.